24
Oct

What Is a Personal Injury Lawsuit, and How You Can Deal with It

If you’re considering filing a personal injury lawsuit over a car accident, slip and fall, or any other kind of injury, you may be wondering “What is my case really worth?” The answer comes down to “damages” — figuring out what your injuries have cost you monetarily, physically, and mentally (and, in some cases, whether the defendant’s conduct should be punished).

In a personal injury case, money damages are paid to an injured person (the plaintiff) by the person or company who is found to be legally responsible for the accident (the defendant or their insurer). A damage award can be agreed upon after a negotiated settlement — among the parties, their insurance companies, and their attorneys, for example — or may be ordered by a judge or jury following a court trial. 

Below you’ll find an explanation of the different kinds of damages that are common in many personal injury cases and how a personal injury damages award can be affected by the plaintiff’s action (or inaction). But if you are in a hurry for legal assistance, this firm selectattorney.com was excellent, would go back 100%. You should consult them first!

Compensatory Damages in Personal Injury Cases

Most personal injury damages are classified as “compensatory,” meaning that they are intended to compensate the injured plaintiff for what was lost due to the accident or injury. A compensatory damages award is meant to make the injured plaintiff “whole” again from a monetary standpoint (to the extent that’s possible). This means trying to put a dollar figure on all the consequences of an accident. Some compensatory damages are relatively easy to quantify — like reimbursement for property damage and medical bills. But it’s harder to place a monetary value on pain and suffering or the inability to enjoy hobbies because of physical limitations caused by lingering accident-related injuries.

Here’s a rundown of the different types of compensatory damages that are common in many personal injury cases.

  • Medical treatment. A personal injury damages award almost always includes the cost of medical care associated with the accident — reimbursement for treatment you’ve already received and compensation for the estimated cost of medical care you’ll need in the future because of the accident.
  • Income. You may be entitled to compensation for the accident’s impact on your salary and wages — not just income you’ve already lost but also the money you would have been able to make in the future, were it not for the accident. In personal injury legalese, a damage award based on future income is characterized as compensation for an accident victim’s “loss of earning capacity.”
  • Property loss. If any vehicles, clothing, or other items were damaged as a result of the accident, you’ll likely be entitled to reimbursement for repairs or compensation for the fair market value of the property that was lost.
  • Pain and suffering. You may be entitled to get compensation for pain and serious discomfort you suffered during the accident and in its immediate aftermath — also for any ongoing pain that can be attributed to the accident.
  • Emotional distress. Usually linked to more serious accidents, emotional distress damages are meant to compensate a personal injury plaintiff for the psychological impact of an injury — including fear, anxiety, and sleep loss. Some states consider emotional distress as part of any “pain and suffering” damage that is awarded to a personal injury plaintiff.
  • Loss of enjoyment. When injuries caused by an accident keep you from enjoying day-to-day pursuits like hobbies, exercise, and other recreational activities, you may be entitled to receive “loss of enjoyment” damages.
  • Loss of consortium. In personal injury cases, “loss of consortium” damages typically relate to the impact the injuries have on the plaintiff’s relationship with their spouse — the loss of companionship or the inability to maintain a sexual relationship, for example. Some states also consider the separate impact on the relationship between a parent and their child when one is injured. In some cases, loss of consortium damages are awarded directly to the affected family member rather than to the injured plaintiff.

Punitive Damages in Personal Injury Cases

In cases where the defendant’s conduct is deemed particularly egregious or outrageously careless, a personal injury plaintiff may be awarded punitive damages on top of any compensatory damages award. Punitive damages stem from a rationale that is quite different from the justification tied to compensatory damages, which attempt to “make someone whole.”

Punitive damages are awarded to the injured plaintiff, but the real goal of these kinds of damages is to punish the defendant for its conduct — to “hit them in the pocketbook,” so to speak — and to act as a deterrent. Since it isn’t unusual for punitive damage awards to top tens of millions of dollars, most states have set some type of cap on punitive damage awards in personal injury cases.

How Plaintiff’s Actions (or Inaction) Can Affect a Damages Award

In some cases, an injured person’s role in causing an accident — or their inaction after being injured — can diminish the amount of damages available in a personal injury case.

  • Comparative negligence. If you’re at fault (even partially) for the accident that caused your injuries, chances are that any damage award will reflect that. That’s because most states adhere to a “comparative negligence” standard that links damages to the degree of fault in a personal injury case.
  • Contributory negligence. In the small handful of states that follow the concept of “contributory negligence” for personal injury lawsuits, you may not be able to recover any compensation at all if you’re deemed partially to blame for the accident.
  • After the accident: failure to mitigate damages. The law in most states expects plaintiffs in personal injury cases to take reasonable steps to minimize or “mitigate” the financial impact of the harm caused by the accident. If an injured plaintiff just sits back and rests on their proverbial laurels when it isn’t reasonable to do so (by failing to get necessary medical treatment after an accident, and making their injuries much worse, for example) a damages award might be significantly reduced. 
22
Sep

All you need to know about IVC filter lawsuit

When it comes to filing an IVC filter lawsuit, there are several different things to bear in mind before moving forward. While the IVC Filter has indeed caused many various problems and injuries, any attorney you choose to help you file an IVC filter lawsuit on your behalf is going to need a few things from you before moving forward.

To begin, ask yourself when your IVC filter was placed, and what maladies or injuries occurred as a direct result of this placement. Below are All you need to know about IVC filter lawsuit.

Medical evidence

medical productMake sure that you have documented medical evidence, scans, et cetera to prove your claims, and you should also have at least one doctor available to testify as to the veracity of the claims you are making in your IVC filter lawsuit. Once you’re done, go ahead and gather all of this information together, including the contact information for any and all parties you might call on your behalf in this matter, and start looking for an attorney to file an IVC filter lawsuit on your behalf.

Complication Lawsuit lawyer

Feel free to contact any IVC filter complications lawsuit lawyer so that you can ask questions about the services they provide as well as any other important information that you may need. This way you can feel more at ease that they want to help you and are not just out for their benefit.

IVC filter lawsuit specialists

gavelAt this point, a simple search engine query for IVC filter lawsuit specialists in your state or metro area should return several different results. Read through the reviews written on each and every IVC filter lawsuit specialist you can find nearby, and determine which of them seem to be the most highly and widely praised attorneys in this matter.

From there, contact the state bar association to confirm that your IVC filter lawsuit attorneys of choice are indeed members in good standing, and move forward from there. Choose the best IVC filter lawsuit specialist you can afford, give them all of the information that they need as soon as possible, and communicate everything and anything pertinent to the case as clearly as possible for best results in the end!

Read about this lawsuit on Drugwatcher.org and learn more about IVC lawsuit.

23
Feb

Top Reasons To Use A Mobile Notary

There are some reasons why you will need a notary public throughout your lifetime. Some documents are so important that a party cannot simply take your word for it. The more legalities are involved, the more you will want to protect yourself by trusting in a recognized source. Having a mobile traveling notary is therefore, the best idea to embrace in this technological world. Whatever your need, whenever you need them, notary publics are an essential part of life. But it used to be you had to search for them. Most notaries usually have a main job separate and apart from their function, and so it is not the most well-advertised service provider.

This can be incredibly frustrating when you need a checkdocument authorized by licensed personnel. Luckily, as technology continues to improve, a new world of service provision is available to the consumer. Nowhere is this more convenient than in the world of the mobile notary? Los Angeles, California, and other densely populated areas benefit from their existence in particular. In a simple word, they offer convenience.

Top reasons to use mobile notary services when in need:

Availability

Mobile notaries are there when you need them, and yes, that often means 24 hours per day, seven days per week. Grant it; you probably will not need one at 3:30 a.m., but it is nice knowing that “at your convenience” means just what it says it does.

Convenience

You no longer do the hunting. By using a mobile notary, you do not have to interrupt your day. Since mobile notaries come to you, you can stop worrying about working on someone else’s schedule.

Fast

You do not have to wait. Mobile notaries usually have same day appointment capabilities, so you can schedule one on the fly and not worry about being slowed down when dealing with pressing, urgent matters.

Pay less for more

payNo inflated pricing. All you pay are the fees set by the Secretary of State, plus traveling services. That means no nasty surprises are waiting for you on an invoice, only the price you expect for the convenience you prefer.

No limitations.

A good mobile notary service will travel to your home, office, or meeting place, at a time that is convenient for you. This is especially a worthwhile option for financial institutions, title services, and retirement homes. Whether you need notarization on a loan, will, or trust, mobile notaries are there to take the hassle out of the hard stuff.