Personal Injury Cases – How the Legal Process Goes

Wrongdoings of anybody that result in damages for others can be reported as civil wrong and legal action can be taken against the offender. The victims can claim compensation for their damages.

Law that deals with personal injury is known as Tort Laws. Tort laws are used to define civil wrongs legally; the law is further used as the base of personal injury lawsuits. All the states in USA have personal injury laws to protect citizens from the wrongdoings of individuals and organizations.

Personal injury laws may vary from state to state, they share a lot of similarities too. Main objective of personal injury law is to protect the citizens and help them get compensated in case they experience any damage because of someone else’s fault and negligence.

Personal injury victims often seek help from personal injury lawyers. Lawyers help the victims understand their options and guide them on how to get their grievance filed in the court of law.

As mentioned before, personal injury laws may vary from state to state. Therefore, consult a lawyer of your own state always. State lawyers have better knowledge of state laws and hence, they can offer victims a vivid idea about their options after reviewing the case in the context of state laws.

So California resident should consult California personal injury lawyers and Floridians should see personal injury lawyer Florida when they fall prey to any form of personal injury. It is their right.

People often fail to realize that their case goes under tort and they do not take any action; just blame their fate for the mishap. Well, that’s not going to help much. People need money to recover. Medical care, property damage, reduced income, job loss and mental stress should be optimally compensated; otherwise it may take long for the victims to get back on to the normal track of life.

So act promptly. Whenever you, your family members or any of your acquaintances become victims of personal injury case, do not be late to consult a lawyer. Remember the SOL clock starts ticking from the day of accident. Once SOL expires, your genuine claim loses its validity.

Let’s take the example of Florida. In Florida, SOL for personal injury cases is 4 years. You should take action within 4 years of the date of accident. Once this 4 year time span is over, your claim goes outdated. However, that does not mean you should take legal step on the fourth year! Consult Florida lawyers as soon as possible.

While consulting a lawyer look for someone who is specialized in personal injury cases. Rest assured that there are lawyers and law firms all over the country who are experts in this field. With years of experience in handling different types of personal injury cases like car accidents, slip and fall, pesticide exposure, dog bite, spinal cord injury, brain injury or wrongful death, personal injury lawyers can help victims pursue the best possible path to win the case.

A competent lawyer also helps to receive just compensation for all their damages. Do not be late to see your lawyer once you go through any form of personal injury. They help you apply your rights and get back to the normal life.

Guaranteed Do Not Pay Until You Win with leading Ft Lauderdale Personal Injury Lawyer Boone and Davis. Find out more top Florida Lawyers and get latest legal advice.

Filing a Disability Claim

In most cases, you need to gather quite a bit of information before you file a disability claim. And, it is important to include everything they ask for to decrease the chances of your claim being denied. When you apply for a claim you will need to fill out an application for Social Security benefits in addition to the disability report. These two forms should be returned with the required documentation.

As a result, you will need to have a social security number in order to file a disability claim. You will also need proof of the validity of that the number in the form of a social security card that was issued by the Social Security Administration. To further ensure that you are who you claim to be, it is also important to have a birth certificate. A baptismal certificate is also sufficient if you do not have a birth certificate though. Additional information about you includes copies of your W-2 forms and your federal tax return for the past tax year.

When you file a disability claim you will also need to provide information about the disability you are trying to get a claim for as well as evidence that the disability exists. For some disabilities, it may seem obvious that you are, in fact, disabled. However, even if you have lost your legs to amputation, the government still requires that confirmation from a doctor that you have, indeed, lost your legs.

This means your doctor will need to complete several forms too. The Social Security Administration will want phone numbers of your doctors, the hospitals you might have stayed in, and any case worker contact information. In fact, any time something happens to you while you are on the job that is disabling, it would be wise to write down the name and contact information of every person you come in contact with for your medical needs. You will also have to provide all test results, medical records, proof of medication you are required to take and more.

The Social Security Administration wants to evaluate your condition and how it really will affect your ability to hold down a job. If you are unable to do so, as illustrated by the required documentation, you will be approved for your disability claim.

In other cases, you may instead be provided with free education, training, and/or rehabilitation to give you the skills needed to re-enter the workforce and continue as a productive member of society.

The process for filing a disability claim can be time consuming and tedious because you must gather a lot of information and paperwork together, but the process guards against people who would abuse the system and proper documentation can help you get the compensation you need.

Disability Insurance Advocates http://disabilityinsuranceadvocates.com/ can help normal people like yourself navigate the complicated process of filing a disability claim. We know how to present your information in an organized and convincing manner. The author, Art Gib, is a freelance writer.

Lawsuit funding for a car accident

Lawsuit funding for a car accident can be imperative to those individuals with financial constraints. A car accident in amongst the most common personal injury for several reasons. The number of people turning driving age is on the rise over the past few years. With the increasing number of cars on our roads the chances of a car crash increases. The invent of cell phones and text messaging have become common reasons for accidents. Because of the increase of vehicles on our highways maintenance on our roads and highways will change traffic patterns. It is a known fact that changes of traffic patterns negatively affect the way we drive.

When someone has been victim of a car accident they have certain legal rights. These rights include hiring the representation of a lawyer or dealing directly with the insurance company. While many accidents are handled between the victim and insurance company, many people opt to hire legal counsel to help recoup expenses related to the accident. The victim also has the right to seek car accident lawsuit funding. When someone is injured as a result of a car accident they may seek a cash advance to help pay for ongoing medical expenses and out of pocket expenses for food, shelter and car payments. The amount of money one may receive for pre settlement funding will be dependent upon how much money your case is worth and the strength of the overall case.

When a company decides to provide a settlement loan for a car accident they typically take the risk that the case will settle. Most companies that provide lawsuit funding will advance money on a contingent bases meaning they only receive payment for the lawsuit loan if the attorney is successful at winning their case. Because car accidents are the most common of all personal injury claims they are also one of the most common lawsuit funding types within the industry.

It is always important prior to searching for lawsuit funding for a car accident to fully evaluate your options. These options may include companies who provide non recourse funding, comparing rates and searching for the right amount of money needed while waiting for your case to settle.

In closing if you are searching for a lawsuit advance for a car accident fully evaluate your financial position prior to accepting any loan.

Provided by:

For more information on lawsuit funding, visit LawLeaf today. LawLeaf provide pre settlement funding services for car accidents throughout the United States.

Do You Have a Claim for Personal Injury?

Before you can file a lawsuit for personal injury, it’s important for you to evaluate your own situation in order to assess whether you actually have a case. You first have to understand what qualifies a person to file a personal injury lawsuit, and it is not every case of personal injury by any means. To qualify for litigation the personal injury must be the result of negligence on the part of the person who caused the injury. For example, a baseball that leaves the field of play and hits someone is not negligence though it still causes personal injury. Certainly you will be able to recover actual monetary losses, but you do not have a case for personal injury.

Damages for personal injury do not have to be physical in nature. If you incur emotional trauma because of an incident, you are also entitled to collect damages. This may occur because you were an observer to an incident that involved negligence or the negligent act caused serious or fatal injury to a loved one or someone else you know. It may not even involve an emotional trauma that is visible such as in the case of someone who lost their life because of someone else’s negligence. The surviving family members are entitled to collect damages for wrongful death even though they are not likely to face continued emotional distress and will continue to function after a period of grieving.
In most cases personal injury cases are minor but that doesn’t mean you will be unable to collect any damages. In fact, hospital stays, doctor visits, time lost from work all add up to substantially. In more significant cases you may also be able to claim punitive damages for things that are not part of actual monetary claims such as emotional distress. In personal injury cases that are likely to cause a large award, medications are becoming more commonplace and thus allow the plaintiff to make a settlement with the victim instead of continuing to drag the case out longer and creating more emotional distress for the injured party.
In more serious cases of personal injury there is likely to be not only actual monetary losses but damages for pain and suffering and emotional distress as already mentioned. It’s important to understand these are separate damage claims, and when you go to court and make a settlement these punitive damages will be above and beyond the actual monetary losses you incur such as medical bills, loss of time from work and replacement of property.

Although you do not need an attorney to file a personal injury claim, your attorney can obtain a higher award for you than you might otherwise accept. You may actually be willing to take the first out of court settlement that the other party offers instead of holding out for a higher amount of taking it to court for a legal disposition and award. However, you want to make sure you choose an attorney who is experienced in handling personal injury cases and is willing to take your case on contingency which means the attorney only gets paid if he obtains an award for you.

For additional information on personal injury claims visit The Injury Lawyers today.

A special thanks to the Lawyer Internet Marketing Blog for providing this informational article.

Disclaimer:  This article provided by Abrahamson, Uiterwyk and Barnes of Tampa, FL.

The Relationship Between Personal Injury Law and Car Accidents

Car accidents are one of the leading causes of death and serious injury in the United States. With the loss of thousands of lives and millions of injuries of a severe and even permanent nature each year. Victims and their families often need to endure suffering that goes beyond the accident—pain and suffering is only a small part of what families must face. The loss of earnings, emotional distress, property damage, and substantial medical expenses add to an already stressful situation. In the case of a fatal accident, unexpected funeral expenses and permanent changes in income add even more stress to the situation. It doesn’t matter what the cause of the accident is—the consequences will have a lifelong detrimental impact if the victim even survives the accident.

The statistics the National Highway Traffic Safety Administration reports is quite alarming to say the least. They report that a car accident occurs every ten seconds in the United States and even more alarming is the fact that car accidents are the leading cause of death for those between 7 and 27 years old. In addition more than half of all fatal accidents occur in areas where speed limits are 55 miles per hour or above with alcohol contributing to more than one-third of all fatal accidents. Finally according to the World Health Organization, 2004 statistics reported a worldwide total of 1.2 million people are killed on the roads while approximately 48 million are injured. The statistics are staggering and continue to grow each year.

One of the problems surrounding the personal injury law, especially when it involves car accidents is you must prove that one of the drivers was negligent or failed to exercise “reasonable care.” In spite of those conditions, it is very difficult to prove who was really at fault in an accident even though at least 90 per cent of accidents are caused because of a driver’s carelessness. Differences in state laws can also complicate a personal injury case because even with the existence of no-fault laws in about half the states, those laws can be challenged when there is serious injury or excessive damage. In the remaining states the law holds the responsible party liable for all damages instead of just their own.

If you are involved in a car accident and feel it is the other person’s fault, you may wish to obtain a personal injury lawyer. In many cases your insurance company may provide a lawyer for you in the event you are sued, but you may want to make sure you have your own attorney if you suffer extensive damage or injury or have reason to believe the other driver will try to hold you responsible. One thing you do not want to do is leave the scene except for medical reasons and by all means call the police. Failing to follow the laws of accident reporting will make you not only look guilty but may also force you to answer to the court and pay a fine for leaving the scene of an accident.

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This article was provided by Abrahamson Uiterwyk and Barnes and the experts at Lawyer Internet Marketing.org

Disclaimer:  This article provided by Abrahamson, Uiterwyk and Barnes of Tampa, FL.

Finding a Good Personal Injury Lawyer

Finding a good personal injury lawyer has never been easier. There are adverts on the television most nights and there are dozens of accident claim websites. But who should you choose? Well if you go online you will find lots of claim sites but how many of them actually show pictures and name their lawyers? Not many but there are some. Accident Consult for instance has pictures of their lawyers with their names. This proves to me they have nothing to hide and they are just a legitimate company making a living helping those that have been harmed from accidents.

Because most accident claims can be sorted out by telephone calls and without the need of going to court you can use any personal injury lawyer in the UK. Lawyers will not take on a case they think will go to court unless they are in the same area of the UK. Also because of no win no fee contracts they won’t even take on a case they believe they can’t win. So if you have been injured and contacted a personal injury lawyer and they believe you have a case, you should go ahead and proceed with the claim.

You should always claims for an accident because it might save someone else going through a similar accident. Surely you would like to see some good come out of claiming compensation? Obviously the main reason is to compensate you for your suffering and costs since the accident. But if your accident happened at work because of old machinery or because you employer didn’t follow basic health and safety guidelines then your employer needs to be sued. Another accident is just waiting to happen if you just brush it off and take an apology off your boss. The next accident could be a lot more fatal with far worse consequences. Obviously this wouldn’t be your fault, but if your employer had been sued for other accidents he or she would have had to remove the machinery and ensure they follow health and safety. So you see it is for everyone’s own good that you sue for an accident that happened at work or in public. If the accident could happen again then you should claim. Even if it was a one off freaky accident as long as it was not caused by your own negligence or wrongful behaviour you should claim for damages.

Claiming compensation has never been easier. All you need to do is find an accident lawyer, they will send you a form for you to fill and return. Once this form has been returned you just sit back and wait for what is rightfully yours. There really is not hidden burden to you; the lawyers do all the hard work. They will get paid at the end of the case and you will receive 100% of any compensation awarded. If you’re told you wont receive all of the compensation find another lawyer.

Claiming compensation for an accident that was not your fault is your civil and legal right. You are daft not to claim. It is your entitlement and if you don’t claim you are just loosing out. All it takes is a bit of effort filling out a form. Don’t let your employer or public services get away with their negligence. Claim today to stop someone else having a similar accident.

Accident Consult are experts in recovering damages for Personal Injury Claims.

Is It Time To Seek A Personal Injury Lawyer?

Simply being hurt is not enough of a reason to sue someone. When do you need to hire a personal injury lawyer? When you’ve been injured through no fault of your own, due to someone else negligence or carelessness and are not justly compensated for it.

Automobile accidents are the most common reason people seek legal counsel. If you have been injured or your vehicle has been damaged, you may want to be compensated for doctors’ bills and automotive repairs. If you were not injured and the vehicle you were in did not sustain any visible damage or if you contributed to the accident, attempting to receive payment will be more trouble than it is worth in the long run.

However, if you were driving legally and carefully and the other driver was not, you do have a right to be reimbursed for bills incurred, such as auto repair and rental, doctors’ visits and therapy. Lost income may be recouped in serious cases where people cannot work for a period of time due to the accident. As an injured passenger, if you were simply riding along and not distracting the driver, following all seat belt and safety laws, you, too, may be due compensation. Before deciding to sue someone, try calmly talking to the person you believe is at fault.

Find out if they have insurance and, if so, exchange information. The insurance companies may be able to work something out that covers your expenses fairly. If uninsured, the individual or company they work for may be able to do so. Should this prove unsuccessful, consult a personal injury lawyer.

Have you been injured on the job while following all safety rules and regulations? Are you legally employed? Did you report the incident, completing necessary paperwork? Answering yes to these questions means you will likely be covered by your employer’s insurance or through workers’ compensation.

Sometimes, however, medical bills are not paid or employees lose their jobs when unable to work. This is the time to consult a personal injury lawyer. If you have had unsuccessful surgery or unforeseen complications from a doctor’s care, you may be due compensation. You may now need medication or special assistance that you did not need before. While most procedures have basic risks associated with them, it is your doctor’s responsibility to explain them to you and provide the best chance possible for a positive outcome. Physical and emotional damage from medical negligence often cannot be reversed, but monetary support can improve quality of life for you and your family.

Consult a personal injury lawyer to find out how. Try working with the responsible parties first to reach an agreement. If this is unsuccessful, contact an attorney who can help you get the results you need.

Martin helps people learn about law in Los Angeles. You can read more of his work like Choosing A Personal Injury Lawyer by visiting the Personal Injury Los Angeles website.

Premises Liability Lawsuit Funding

The law of premises liability was created to make the owner or manager of a piece of property accountable for injures and damages that may  occur on a piece of property. The most common premises liability cases are those people who are living or working on the premises at the time of the accident. If you have been injured on another person’s premises you have the right to seek compensation for all damages and injuries that may have occurred. In a premises liability case the plaintiff or victim holds the burden of proving the owner or manager was negligence. This means that the owner or manager of the property should be held responsible and should pay compensation for such injuries. The plaintiff or victim also has the right to seek lawsuit funding for a premises liability only if they have the representation from a lawyer.

It is important if you’ve been injured or harmed on another persons property you seek immediate medical attention prior to speaking with an attorney. The attorney that handles these sorts of cases are called personal injury lawyers. Personal injury lawyers handle a variety of different types of premises liabilities but the most common is that of a slip and fall. Most personal injury attorney handle claims on a contingent basis meaning you only pay the attorney if you are successful in winning your claim.

When someone applies for a lawsuit cash advance for a premises liability they are applying for pre settlement funding which means an advance prior to a case reaching a fair settlement.  Very similar to a personal injury attorney a lawsuit funding company will provide cash advances on a contingency fee basis as well. The term most often used throughout the industry is called non recourse meaning you only pay back the lawsuit loan if you receive compensation for your claim.

There are several factors that cause premises liability cases:

  • slick & icy surfaces
  • uneven pavement or roadways
  • standing water
  • broken handrails & stairs
  • faulty equipment
  • faulty elevators & escalators
  • poor lighting
  • lack of security on the premises

Cases involving simple injury falls under personal injury law. For instance if you were to be injured due to the negligence of a property owner you would claim compensation for all injuries and damages related to the accident. The type of lawsuit funding you would receive would be pre settlement funding and typically is a percentage of the case. Than there are cases in which an individual falls victim to a wrongful death suit. Wrongful death lawsuit funding has the same percentages attached to a case however these cases oftentimes are much larger.

A case involving premises liability can be drawn out and take time. These types of cases may involve an attorney that has the experience in dealing with the legality of such cases. There are certain laws sometimes state by state when dealing with personal injury cases like premises liability. There are other instances when the victim may have been injured on State and Government property. In order for you to prove that the State or Government should be held responsible for your injuries may also require the expertise and experience from a personal injury lawyer.

The amount of money you may seek will be dependent upon several factors. As a victim of a premises liability lawsuit you may consider the following:

  • Loss of wages or loss of job
  • Hospital bills & ongoing medical expenses
  • Pain and suffering
  • Cost of physical therapy
  • Cost of special aides

While its important to win your case it may be equally important to maintain your financial position without settling a case to early. When someone is seeking a settlement advance for a premises liability case they oftentimes use the funding to help pay for associated expenses directly related to the accident. They also will use the funding as leverage. This typically is used by a victim to buy extra time. By allowing your lawyer extra time to litigate or negotiate your settlement you will sometimes have a better chance of getting more compensation for your injuries. It is always recommended never to settle your case too early without fully understanding your loses.

Content is provided by LawLeaf

LawLeaf is an online legal funding service that connects clients with lenders. If you would like additional information on premises liablity lawsuit funding please visit LawLeaf today.

Train Accident Lawsuit Funding

The first common carrier railroad in the United States, was chartered in Baltimore and presumed the name B&O. That same year railroad workers begin the construction of what becomes one of the most popular railroad in the world. While the laws have drastically changed, injuries are still common place for those people that work and travel on our railroads. If you have been injured due to a train accident and are seeking a lawsuit cash advance, you may qualify depending upon the strength of your case.

There are millions of people who travel on trains each day. The number of passengers has recently increased due to high gas prices and populated roadways. The Federal Highway Administration (FHA) reports that a train accident occurs almost every 2 hours.

The most common accidents occur due to:

  • derailment of the train,
  • collisions with motor vehicles & other trains
  • mechanical problems
  • lack of security
  • slip & falls
  • conductor negligence

Although never expected, when a train accident occurs the results are often catastrophic and oftentimes passengers and workers are killed. The Federal Railroad Administration reports 1000 people lose their lives as a result of a railroad & train accident. The laws surrounding a train accident are very complicated and oftentimes can take years before settlements are reached.

Worker related Accidents –
Federal Employers Liability Act (FELA)

If you are a worker on the railroad you may have been injured due the negligence of your employer or another worker. As a worker your employer must adhere to certain rules and regulations that are put in place to assure safe conditions. While many railroad & train companies comply with these regulations, there are cases in which a company acts in a negligent manner. Many of the injuries happen because of:

  • poor working conditions
  • safety hazardous & defective equipment
  • exposure to asbestos (older railroad stations)
  • exposure to diesel fuel & toxic materials
  • lack of safety equipment
  • lack of adequate training on the job

If you have been injured on a job you should immediately seek medical attention. You may also want to report your injury to your company. It is always a good idea to document the incident, gather names of witnesses and take pictures. By doing so, it gives you a better chance of getting fair compensation for your injury.

When someone is seeking lawsuit funding for a railroad injury or train accident they typically don’t have the time to wait for there case to settle. Lawsuit funding for a train accident is typically a pre settlement loan issued by a lender. The lawsuit loan should come as non recourse meaning you don’t pay back the loan if you’re not successful in winning compensation for your case. Settlement advances for train accidents are common for those families that need help paying medical expenses and living costs.

If you currently have legal representation from an attorney you may qualify for lawsuit funding.

Content Provided by LawLeaf

LawLeaf, an online lawsuit funding service helps plaintiffs and victims of accidents secure pre settlement advances. If you are currenly looking for additional information on train accident lawsuit funding visit LawLeaf today.

Dog Bite Law: Los Angeles Police Dogs and Liability

Dog bite injuries inflicted by Los Angeles Police Department-owned canines can be especially difficult to try in court, depending on the specific circumstance surrounding the incident.

California provides special protection to police departments against dog bite lawsuits, as long as the injury occurred during an arrest and it did not stem from the police officer’s use of unnecessary force. However, the definition of “excessive force” can be subjective, depending on the victim’s criminal record and the events surrounding the actual arrest.

When the dog bite injury occurred outside of the circumstances of a properly enforced arrest, or outside of official police department duties, California laws allow for the victim of the dog bite to bring a lawsuit against the Los Angeles Police Department. Since the police department falls under the definition of a state or government entity, normal statutes of limitations do not apply, and the victim generally has as little as 60 days in which to file the claim.

In addition, police dogs are usually given to one or two police officers for off duty care. These officers often take the dogs to their homes at night, as well. This means there are times when police dogs are not being used to make legal arrests, and could bite a victim outside of the special protection laws offered by California’s liability statutes.

When an off duty dog connected with the Los Angeles Police Department is involved in a dog bite lawsuit, both the individual police officer and the Los Angeles Police Department can be held liable. Even while on duty, police dogs are placed in various situations in which they could potentially bite someone. For example, police dogs are often taken to schools for demonstrations, or to parades and community service events, where there are many children present. Since statistics state children as being the most vulnerable and susceptible to receiving a dog bite injury, the likelihood of an injury occurring in these circumstances is possible.

If you or a loved one have been the victim of a dog bite, and the dog was identified as a police dog connected with the Los Angeles Police Department, the success of your claim in court is highly dependent on the circumstance surrounding the incident. A dog bite lawyer who has experience handling dog bite litigation will be able to counsel you on the statutes of liability and limitations pertaining to your specific case, and offer suggestions on the feasibility of filing a claim with the court. Bringing a dog bite case against a government or state agency can be a difficult process, and you will need highly detailed evidence for your claim to be a success.

John Bisnar is a partner at Newport Beach Personal Injury Law Firm Bisnar Chase. The Bisnar Chase law firm has dedicated their practice to victims of serious injuries due to defective products, negligence and malpractice. Visit the main website at http://www.aboutdogbites.com or call 888-265-0161