Articles Posted in Personal Injury

Although definitions vary widely, many Florida personal attorneys use terms such as “low-ball offers,” “fair settlements,” and other specialized language. A good Florida personal injury attorney will take care to explain pertinent terms to you. For example, the attorneys at Flaxman Law Group take pride in making even the most complex legal terms easy to understand. In any personal injury case, you may encounter a few new terms:

1) Low-ball offer. Although precise definitions of this term vary, a low-ball offer usually refers to a claim made by an insurance company or another party which is deemed too low. In many cases, a low-ball offer is low because it will not adequately cover all the costs, lost income, medical care, and other expenses in a typical case. It is quite frequent for parties to offer injured persons a low-ball offer, which is why it is important to consult with a qualified personal injury attorney before accepting any offer.

2) Liability. Liability refers to legal responsibility, and is used to determine who (if anyone) must pay damages to an injury victim. In many cases, there are multiple persons who can be held partly responsible in a personal injury case. For example, in a truck accident, a driver can be held liable for the accident. However, the manufacturer of the truck, the trucking company, and even the company that repairs the roads may be partly liable for an accident. In a personal injury case, it is important to seek out everyone who may be liable, as this can help ensure a fair settlement for the accident victim.

Personal injury cases may stem from car accidents, property-related injuries (such as swimming pool injuries), or product defects. However, you have sustained your injury, however, once you hire an attorney, your case will work its way through the court system. This usually involves investigations and negotiation between your attorney and any other parties involved in the case. Ultimately, your case may end in one of four ways:

1) Your case may be settled out of court. Many personal injury cases are ultimately settled out of court. What this means is that your attorney and the liable parties (the parties legally responsible for your injuries) have reached an agreement that you and your attorney feel is acceptable. When this happens, you are paid your settlement and you use your settlement money to pay your attorney fees, if the Florida personal injury you have been working with has worked on a contingency basis.

2) You could win a settlement. If your case cannot be settled through negotiation outside of court, your case will go to a court. There, a judge or a jury will decide the case. Usually, this type of case is more involved, as it will involve both sides presenting arguments in court. If you go to court, the court may decide in your favor, at which point you will be awarded a settlement that matches or comes close to the settlement your attorney has been seeking.

If you have been injured in an accident, you will likely have to file a claim of some type. If you have been injured on the job, for example, you will likely file a workers’ compensation claim. If you have been injured in a car accident or truck accident, you will likely seek a claim against the insurance company of the other driver. Filing any claim means a great deal of paperwork and legal contracts and terms. You may wish to hire an attorney. Perhaps you have already heard that hiring a Florida personal injury attorney can help you get a fairer settlement.

Unfortunately, many patients do not take the next step and actually contact an attorney. In some cases, patients assume that they do not need an attorney. They either are told or come to believe that insurance claims are standard and do not require legal help. While in some ways this is technically true, however, the fact is that the outcome can be very different for you depending on whether you decide to hire a personal injury attorney or not.

A good Florida personal injury attorney can investigate the accident you have been involved in and can seek claims against all parties who may be held liable for the accident. If you are making claims yourself, you will likely only consider one party liable, when in fact many factors could have been responsible for your injury. By seeking claims against multiple parties, you can often be assured of a better settlement – one that fairly covers all the costs and medical bills you have incurred because of your injury.

If you have sustained a serious injury as a result of a car accident, pedestrian accident, or other event and have hired a Florida personal injury attorney to pursue your claim, you have taken an important first step towards reclaiming your life and your finances after your accident. However, it is only a first step. While waiting for your case to work its way through the court system, you still need to manage your finances. However, this can be challenging after an accident. If you have sustained a serious spinal cord injury or brain injury, you may not be able to return to work. In addition, you may have substantial medical bills. This can place an enormous financial burden on you at a time when you are vulnerable and trying to heal. Luckily, there are several things you can do as you wait for your claim to be resolved:

1) Seek an attorney who works on a contingency basis. Attorneys who work on a contingency basis use their own financial resources to pay for the case. You do not pay until and unless the settlement is resolved successfully. Then, attorneys remove a portion of your settlement claim to cover legal fees. Attorneys who work on a contingency basis do not ask for money up front, so that you can get good legal representation without worrying about legal bills. Look for an attorney with a good record who has the financial resources to litigate your claim fully without cutting corners. Keep in mind that some personal injury cases can take years to work their way through the court system.

2) Stay current with your most important bills. If you are struggling financially after a personal injury, you will need to budget very carefully. Where possible, eliminate unnecessary bills such as television cable or magazine subscriptions and prioritize remaining bills so that you pay your most important bills first. Home payments, utilities, and grocery costs are generally your most important bills. Some bills – such as medical bills – can be repaid after you win your settlement, in some cases.

Now that the warm weather is here, more time spent outdoors as well as more time off for the children can mean more personal injuries and accidents. You will want to make sure that your first-aid kit is stocked up and that you have a personal injury kit as well to help prevent personal injuries and accidents around your home. Your kits should include

1) The first aid essentials. You will want to have plenty of bandages of all sizes, sterile gauze, hydrogen peroxide or another substance for cleaning wounds, antibiotic ointments, and a first-aid manual at minimum. Many stores sell portable first-aid kits with everything you need. Look for the largest and most comprehensive kits you can find. If you already have a kit check the expiry dates of any over-the-counter medicines you have in your kit. You may find that you need to replace some items.

2) Insect sting prevention. Make sure that you have sunblock to keep the rays of the sun at bay as well as insect repellent and after bite ointment to help treat bites. It is also good idea to have on hand small tweezers for removing ticks and other bugs as well as long-sleeved items for wearing outdoors in wooded areas.

At this time of year, most homeowners work on a major spring cleanup. It is a time to clean out the garage, get rid of clutter, and tidy up the house in time for warmer months. A spring cleanup can also be a wonderful time to check the safety of your home. If you are already giving your home a closer look in order to clean it, why not take the extra time to ensure that your home is safe and secure as well as beautiful and clean? There are many ways that you can turn your spring cleanup into a safety tune-up:

1) Check your fire alarms and practice safety escape routes. Fully check all smoke detectors, fire alarms, sprinkler systems, and other alarm systems at your home. Replace the batteries on any older fire alarms, and make sure that all alarms work efficiently. If you do not have enough alarms for your home, now is the perfect time to buy more. If you do not have fire extinguishers in your home, now a good time to fix that. If you do have fire extinguishers, make sure that they are still correctly pressurized and ready to deploy in the event of a fire. If you have a safety escape route for fires, practice your route with your entire family. If you do not have an escape route, take the time to devise one and practice it now. A good escape route as well as a home that is prepared for fire can mean fewer burn injuries as well as fewer fatalities in the event that a blaze does occur.

2) Check wiring in your home as well as appliances. If there is a burning smell your home or if it has been a while since your wiring has been checked, consider hiring someone to check your wiring. Faulty wiring and faulty insulation around wiring is a leading cause of fires and burn injuries. Be sure to check all your appliances and all the electrical cords in your home, as well. Any that are worn or damaged should be replaced.

Just about every American is indirectly affected by personal injury. You may have a co-worker with a spinal cord injury. Your brother may have sustained a burn injury after a car accident. The truth is, you likely know someone who has a personal injury and over your lifetime you will know at least one close family member or friend who sustains a serious personal injury. It is normal to feel helpless and unsure of what to do, but if you know someone who has sustained a serious injury, there are several things you can do:

1) Be there. Whether your loved one has sustained a burn injury, fracture, spinal cord injury, or another injury, you support and presence alone is a big boost of help. Many people avoid visiting injured friends and family, unsure of what to say and do, but the truth is you do not have to say much at all. Just being there for your friend or loved one speaks volumes.

2) Research the condition. It may be helpful to learn more about your friend or loved one’s injury. What is the prognosis? What types of treatment will your friend go through? Knowing what is involved can help you be there for your friend and can help you understand the situation. It can also help prepare you for the months or years of recovery.

Any sort of personal injury, whether caused by a trucking accident, boating accident, or some other incident, can have a wide-ranging impact on a person’s life. While serious or permanent injuries such as brain injuries and spinal cord injuries obviously take patients on a financial, physical, and emotional roller coaster ride, all personal injuries can affect a patient’s finances, relationships, career, and more. Emotional results of personal injury are not often discussed, but people who have survived a personal injury may experience:

1) Depression and grief. A person who has sustained an injury which is disfiguring or which impedes mobility or normal tasks may feel depressed or saddened by the changes. Even someone who can recover fully may feel depressed by a long period of inactivity or recovery time. A patient may grieve over the lifestyle or activities which are now out of reach.

2) Anger. A person who has sustained a serious injury may feel angry about the changes that have occurred in their life. They may lash out at people who they feel are responsible for the accident or may be angry at themselves for being injured. Someone who has sustained a serious injury may feel frustrated and then angry at the activities which are now no longer possible.

One of the most common and most misunderstood personal injuries is whiplash. About one million Americans get whiplash each year from car accidents alone. However, whiplash is also a common injury which results from pedestrian accidents, slip and fall accidents, sports injuries, aviation accidents, and other accidents. About 25% of whiplash patients will suffer from severe pain and another 10% of patients will sustain whiplash that results in a long-term disability. In about 15% of all whiplash cases, patients continue to have symptoms three years or more after the original injury.

As these statistics show, few personal injuries cause the suffering and pain that whiplash cause. Despite this, though, many people see whiplash as a “minor” injury. Certainly many insurance providers describe it this way when they may have to pay for someone’s whiplash treatment! In addition, even physicians sometimes puzzle over this injury, simple because there is so little concrete research about it. Some people even claim that whiplash does not really exist!

Unfortunately, whiplash is all too real and for many patients it is a long struggle. For many patients, whiplash takes place when the head is whipped suddenly and violently at an awkward angle or in an awkward direction. Researchers believe that whiplash affects the soft tissues in the neck, but unfortunately this is a problem when it comes to diagnosis. Since it is a soft tissue injury, whiplash does not present clearly on MRIs or X-rays, traditional diagnostic tools used for other head injuries and neck injuries. Many people are misdiagnosed as a result and many patients are frustrated because they have no proof to show insurance companies when making a claim.

At this time of year, many accidents and claims are more common:

1) Car accidents. Car accidents can be more common at this time of year as poor weather and earlier dusk can mean more risks on the road. As well, flu and cold season is still in full swing, meaning that many drivers are driving while tired and ill.

2) Premises accidents. Many people start the new year by trying something new. Unfortunately, exploring new areas of town, going shopping in new stores, and visiting new places can lead to accidents and premises liability claims.