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Personal Injury Law
Initial Steps in a Personal Injury Claim
When selecting a law firm to handle your personal injury claim, you want attorneys that will work together on your case as a team. It is important that you hire a firm that you feel comfortable with and that will work closely with you and your family through this challenging time. The firm you chose should have experienced success in many cases just like yours and know the legal system in and out. Your chosen firm must also be able to afford the sometimes substantial up-front costs of devoting an entire team of legal staff to prepare your case.
Of course there are numerous law firms that have these qualities. The firm you decide to work with should have the experience and knowledge that will be involved in your particular claim.
There is a process that must be followed when a personal injury attorney takes on a new case:
- Make sure the injury victim has gotten the medical treatment necessary to start the healing process, and organize all of the medical bills and records pertaining to the injury.
- Find the parties who contributed to the injury and may be liable. The personal injury lawyer must also decide on which court to file the claim- federal or state depending on which may have better results for the client.
- Conclude which ‘notice’ necessities are required.
- Get a discovery strategy developed.
Law Choice and Jurisdiction for Personal Injury Claim Filing
First, the best court to hear the claim must be determined. The court chosen will have jurisdiction over the parties and causes of action. The injury lawyer will evaluate all states that can possibly hear the case and choose the state that will best serve your needs. Of consideration in this choice will be the states’ applicable laws, various judges that would be involved, and jury assembly in all considered states. Your claim will only be filed after all of these important variables are examined. Once the decision is made, the attorney must follow through with all of the procedural rules applicable in the chosen jurisdiction.
Claim or Lawsuit Preparation and Prosecution Typically, the defendants only settle claims advantageous to the plaintiff as a last resort. Defendants will usually hold onto a claim as long as they can to keep the interest building while they hope for a better settlement to come along. The most favorable settlements come about when defendants understand that the plaintiff’s attorneys are ready to conduct a tireless and aggressive trial if an acceptable settlement is not offered.
To oppose this inclination, plaintiff’s attorneys need to keep constant pressure on the defendants. Effective preparation and prosecution of the lawsuit are needed to get this done.
Personal Injury Damages:
In the event you are injured by the negligence or carelessness of another, the law gives you the right to seek payment for your damages. The law allows reimbursement for the following damages:
- General Damages: Monetary reimbursement for all emotional distress, shock, embarrassment, pain and suffering, increased risk to being injured in the future, shortened life expectancy, the disruption of your life, and humiliation. This type of damage usually incurs the highest dollar amount in personal injury lawsuits, but can vary depending on specific circumstances.
- Compensatory Damages:
Medical Expenses
Future Damages
Lost Earnings
Property Damages
Other Damages - Exemplary or Punitive Damages: Punitive Damages are a financial penalty considered necessary to discipline a defendant as well as other possible wrongdoers from behaving in the same ill willed manner. Usually the net worth of a company or individual will play a role in the amount of punitive damages. Although these damages are rarely awarded, they can add up to millions of dollars when brought against rich companies.
- Loss of Consortium: Finances paid to the spouse of an injury victim to compensate for lack of love, services, care and sex while the victim recovers.
- Dillon VS Legg Damages: The outcome of this famous trial was compensation being given to a family member who was traumatized by witnessing the injury.
It is almost a guarantee that defendants and their insurance companies will have considerable representation by experienced claims adjusters and legal experts. They will have a team of their own researchers, nationwide database access, the means to perform legal studies in every state, and plenty of money to fight your claim. Baum, Hedlund, Aristei & Goldman, PC will stand in your corner if you let us. We can and will defend your rights and do everything within our power to get a favorable outcome in your case.