Posts tagged with 'legal'

What Are Pain and Suffering Damages?

Posted on June 10, 2013

What Are Pain and Suffering Damages?

In a lot of cases where someone is involved in a car accident or suffers from some kind of injury, you might hear your attorney talk about “pain and suffering damages.” For a lot of people who don’t have a lot of knowledge about the law, this term can sound a little confusing. While it’s always best to talk to your attorney about any legal question you have, here is what you need to know about pain and suffering damages.

Damages

In the legal world, the word “damages” is just another way of saying money. More specifically, it’s money other people owe you because they caused you harm. For example, if you are involved in a car accident because someone else drove recklessly, that person may have to pay you money. Depending on how badly your car was damaged and whether you suffered an injury, the other driver may have to pay to both repair your car and compensate you for the injuries you received. The driver might also have to pay you because the accident left you in pain or prevented you from going to work and earning an income. All of these types of payments are referred to as damages.

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What You Should Know When Hiring a PI Attorney

If you have suffered an injury as a result of another person’s negligence, or due to a defective or poorly designed product, it is of paramount importance that you hire the right personal injury attorney to handle your case. There are a number of things that should be taken into consideration when making this important choice.

First, and arguably foremost, it is important to know how long the prospective attorney has practiced law, in particular how much experience they have handling personal injury cases. Highly qualified personal injury attorneys will devote a majority of their time to issues pertinent to your case. Although attorneys in general practice may be well-trained and highly experienced in multiple aspects of the law, it is critical that the attorney who you choose to represent you is well-versed in the specific aspects of the nature of your case. In addition, you would be well-advised to find out how many cases of a nature similar to yours the prospective attorney has taken to trial and/or settlement. Therefore, make it a point to ask your potential attorney what percentage of their cases they take to settlement and what percentage go to trial. Not only is this indicative of the attorney’s willingness to work on your behalf, but it is also a surrogate of his or her skill and rate of success.

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What are the Stages of a Personal Injury Case

A personal injury case begins as soon as a person is injured. Witnesses and other evidence of the injury are essential for establishing the case regardless whether the case develops into a lawsuit that goes all the way to trial, or whether it settles outside of court a short time after the injury. The sooner any witnesses or other evidence are located, the less likely they will be lost or forgotten.

Intake: The Initial Meeting of the Lawyer and Client

When an injured person consults with an attorney to represent him or her, the personal injury attorney typically reviews the facts explained to determine the case’s likelihood for success. The personal injury attorney calls this initial meeting of fact gathering between himself and the injured person the intake. The attorney considers many factors that will affect the case, including the time that has passed since when the injury first occurred, the evidence the client presents to him of the injury, the evidence he can expect to obtain in the future, the availability of any persons who witness what caused the injury, the ability of the person or company that caused the injury to adequately provide compensation, the costs he expects the case will incur, among several other factors. He may want to interview other witnesses or do further investigation before agreeing to accept the case. He may also consider whether the case would best be resolved through litigation or by some alternative method of resolving the dispute, such as through arbitration.

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