Personal Injury

Why do lawyers work on contingency? Why does this help clients?

Posted by on Nov 12, 2018 in Personal Injury | 0 comments

I’ve always wondered how some lawyers can say that they don’t get paid unless their clients get money for their case. That’s known as a contingency fee, and it turns out that personal injury lawyers work on contingency fees almost exclusively. I was reading about how these contingency fees work on the Law Offices of Seaton & Bates, PLLC website. They work on contingency in a number of different practice areas, including car wrecks, slip and falls, and medical malpractice. But these are all civil cases. That means no criminal charges are being pursued. The parties are merely trying to recoup money from damages done. Lawyers don’t work on contingency when they do criminal cases because there will not be a money settlement to deal with. In those cases, the lawyers will charge by the hour. If you find yourself in a civil case, there are a lot of benefits to hiring a lawyer on contingency.

When lawyers work on contingency, they are unable to charge clients more money based on the time it takes to complete the case. So, if a case becomes very complicated and ends up dragging out for several months, you won’t be affected by this at all. In a criminal case, a more complicated case means you’re paying for more hours that your attorney puts in. In a civil, contingency-based case, your attorney will still collect the agreed upon portion of the settlement.

Another great benefit of contingency fees is that clients cannot lose money. Attorneys never charge money out of pocket, as their payment is going to be a percentage of the settlement that they produce. If your attorney ends up not being able to get a settlement, then he’s lost out on the time he put into it. If your lawyer ends up getting a settlement that is very small and doesn’t cover court fees, you won’t have to pay for money lost.



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How to Handle When Someone Injures You

Posted by on Oct 23, 2015 in Personal Injury | 0 comments

Being injured in an incident that some other person’s neglect or carelessness justifies you the privilege to file a personal injury suit contrary to the one accountable for your own injuries. Traumas from such injuries don’t just cause physical and mental discomfort, they are also able to be tough on the wallets, making with costly medical expenses as well as additional obligations, you overlook a significant variety of days from work. Personal injury attorneys are able to help you win a settlement that is necessary to get back to your own life.

According to the website of the Hankey Law Office, there are some things to avoid when filing a personal injury lawsuit. First, be aware of your state’s statute of restrictions. The more time you put your situation off, the less opportunity you’ll have it forced to have your settlement given. Something else to prevent isn’t employing personal injury attorneys, even just one, to aid you. They’re very significant in guiding you through the full process, giving alternatives, crucial guidance and computations out on the quantity of compensation and also how much the harm are worth you’ve the to. In addition, they are the people who know more about personal injuries law and fight for the cause. Last but not least, after the claims have been settled, don’t try to record the same situation against the same people again. This really is illegal, and can set you in a poor light.

Filing for a personal injury claim does not absolutely mean going to court: you along with the man accountable for the harms may get into a resolution. The main edge of negotiating your personal injury case is the lower cost which you will pay for the complete path and the attorneys. There will be other court fees that must be paid and no experience costs. Another advantage is having faster solutions – without waiting for tribunals to start, you can settle your claims quicker. Negotiating also gives you the control you need in how much you really want for compensation. You always have the choice on the outcome of the claims.

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Acts of Negligence Resulting to Pedestrian Accidents

Posted by on Jun 3, 2015 in Car Crashes, Personal Injury | 0 comments

While the likelihood of a car driver or passenger getting severely injured in a motor vehicle accident (despite being protected by car’s body) is never isolated, how much more a pedestrian who has nothing to protect his/her body against the forceful impact of an approaching vehicle. This is why pedestrian accidents are either almost always fatal or resulting to severe injuries to the poor pedestrian.

Data from the National Highway Traffic Safety Administration’s Traffic Safety Fact Sheet show that of the 33,561 traffic fatalities in 2012, 4,743 were pedestrians; another 76,000 sustained injuries during the same year.

Anyone, at certain periods of the day, is a pedestrian. It can be a person running or jogging, someone just standing in any street corner, a hiker, or a person who decides to walk to a nearby grocery, to a friend’s house, to the office, or to simply spend some leisure time.

There are different factors that can put pedestrians’ lives at risk. Though majority of the incidences wherein pedestrians get injured or killed involve motor vehicles, there are also non-vehicular causes of pedestrian accidents. These are the poorly-maintained or defective sidewalks and parking lots, faded or lack of crosswalks (especially in rural areas), inadequately lit roads, and debris on walkways.

A personal injury lawyer in Massachusetts would probably note that most pedestrian accidents occur in rural areas at night, when many different factors that compromise pedestrian safety are at work, such as speeding drivers (which is common due to the very light traffic), unlit roads, unaccompanied elders and intoxicated drivers, pedestrians or both.

Both drivers and pedestrians are expected to observe and obey road safety rules as well as exercise reasonable care. While drivers are usually judged as the liable or negligent party in pedestrian accidents, when the case is brought to court, all elements are looked into and there have been instances when it was actually the pedestrian who acted carelessly and caused the accident.

Some of the factors considered by the court in determining acts of negligence include:

a. On the part of the driver:

  • Speeding
  • Failure to yield the right of way to pedestrians, even at crosswalks
  • Distracted driving
  • Driving while intoxicated by drugs or alcohol
  • Failure to signal, especially when about to make a turn
  • Disregarding traffic or weather conditions

On the part of the pedestrian:

  • Ignoring the “don’t walk” signal
  • Failure to cross at marked crosswalks
  • Entering and disrupting the flow of traffic
  • Darting in front of vehicles

Pedestrians, who get injured because of the negligence of some drivers or someone who never did a good job in maintaining and keeping roads, sidewalks or parking areas safe, may be able to recover damages for whatever injuries they suffer. Being represented by a knowledgeable and experienced personal injury lawyer or pedestrian accident lawyer, however, would be a necessity in a civil lawsuit as the really liable party will definitely do everything to disprove his/her accountability.

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Trouble with the Curve and Rollovers

Posted by on Feb 5, 2015 in Car Crashes, Personal Injury | 0 comments

Two people were killed in Texas when the vehicle they were in hit the guardrail and rolled over, ejecting both occupants, killing the driver instantly and seriously injuring the female passenger. The passenger died of her injuries in the hospital. Police at the scene speculate that the driver was speeding as he took the curve, and he lost control of the vehicle. Alcohol impairment was not reported. It was fortunate that no other vehicle was involved in the accident.

Speeding is one of the most common causes of car accidents, and vehicles that have a tendency to rollover are more likely to go into a tripped one when going at high speeds. According to the National Highway Traffic Safety and Administration, speed-related crashes in 2011 (the latest figures available) resulted in 9,944 deaths, or 31% of all vehicle-crash fatalities in the US. Alcohol plays a significant role in speed-related accidents; about 42% of fatal speed-related accidents involved alcohol.

While speeding is definitely a factor in causing serious car accidents, it should also be noted that in many cases death occurs not as a result of speeding but from injuries sustained when the vehicle rolls over. Some vehicles are more likely to rollover than others. The ones with a more present risk usually cost more money to insure, according to indications made on Habush Habush & Rottier S.C.®.

The lucky ones are those that survive a serious rollover accident with nothing more than minor injuries, shaken nerves, and a totaled vehicle, but as pointed out on the website of Habush Habush & Rottier S.C.® some injuries may not be immediately apparent without thorough testing. If you are involved in a car accident, always have a thorough check up to rule out hidden injuries.

If you are seriously injured because your vehicle rolled over or another driver was speeding, you could get compensation. Contact a car accident lawyer in your state to find out what legal options are open to you.

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Minivan Accidents usually involve Children

Posted by on Feb 2, 2015 in Car Crashes, Personal Injury | 0 comments

Minivans are sometimes called “mommy” cars because it is usually used as a family car. This may be the reason that child injuries usually result when a minivan is involved in a collision with another vehicle such as a pickup truck. It could also be because some popular minivans perform poorly in crash tests.

According to the Insurance Institute for Highway Safety, the seat design of certain models of pickup trucks, minivans and SUVs provide poor head restraint to the vehicle occupants, resulting neck injuries even from the mildest of rear collisions. Rear-end collisions are common in commuter traffic, and neck injuries resulting from such incidents costs $8.5 billion a year in medical insurance claims. Vehicles that rated low in the crash test had seats that did not keep the head and torso moving together, the best way to avoid neck injuries in a rear-end collision.

This is disturbing news, especially for owners of minivans that routinely bring their children around in a vehicle that does not give them adequate protection. No matter how carefully you drive, it only takes one impatient driver behind you to make a minor error in judgement to result in injury to your child.

It is difficult to imagine how serious the injuries a child will sustain if the collision is caused by a speeding vehicle. As discussed on the website of Ravid and Associates, children are much more vulnerable to injuries than adults. Such injuries can have long-term repercussions on the health and physical development of the child. Vehicle owners need to be informed about the possible defect in their vehicles and the problem addressed as soon as possible by vehicle manufacturers.

If your child suffered serious injuries because of a defect in the car or the negligence of another driver, you may be able to get compensation. Consult with a personal injury lawyer in your state to know what kind of lawsuit would be appropriate for your case.

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Einstein’s Brain May Hold the Key to Spinal Cord Injury

Posted by on Feb 1, 2015 in Personal Injury | 0 comments

Scientists discovered that Albert Einstein’s brain had more astrocytes (star-shaped brain cells) than other human brains studied before or since. Astrocytes are believed to be responsible for the development of healthy neurons and spinal cord signalling, but very little is actually know about the role and potential for healing of these cells.

Animal studies have shown that there may really be a connection between the presence of astrocytes and the ability to replace damaged neurons and reinstate severed connections of the spinal cord and brain. This led to the proposal for an innovative model for studying them in the hope that more information will lead to therapeutic used to benefit those with neurological impairments, including those affected by traumatic spinal cord injuries.

According to the website of Williams Kherkher Law Firm, victims of traumatic spinal cord injuries often end up severely impaired, and many require all the help they can get. Even the smallest possibility of regaining some mobility is greeted with enthusiasm. There are several ongoing efforts to find a treatment and solution for people with degenerative or traumatic spinal cord disorders. This is testimony to the extent of the problem that these victims are facing, something which a Louisville personal injury lawyer would have extensive knowledge.

However, even if these treatments prove to be effective and become available, it will probably be very expensive. Traumatic spinal cord injury victims generally run through their insurance and life savings to pay for medical treatment, rehabilitation, and medication without the ability to recoup by working because of their debilitating condition. Unless they are able to get compensation for their injuries from the negligent third party that caused them in the first place, there is little hope that they will be able to afford such treatment.

If you have suffered traumatic spinal cord injury because of the negligence of third parties, you need to prepare for your future. Consult with a personal injury lawyer in your state to help you fight for what is right.

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