Monthly Archive for September, 2009

Personal Injury Lawsuits: How to Value Pain and Suffering

Published on September 28, 2009 in Law. 0 Comments

In a personal injury lawsuit, a defendant is not only responsible for paying medical bills, but also for pain and suffering, lost wages and the loss of one’s ability to enjoy life. While this seems like it can be arbitrary numbers, personal injury lawyer Charles Flaxman who is with Flaxman Law Group based in south Florida, explains how one attaches a monetary amount to something so seemingly esoteric.

It seems that medical bills are rather easy to quantify as they usually have a dollar amount at the bottom. But isn’t it extremely difficult to monetize one’s pain and suffering or ability to enjoy life?

It is partially correct that medical bills are much more straightforward to prove in court, but medical bills are still not as simple and easy to prove as one might think. The defendant’s side will argue that the treatments do not relate to the accident, or that they were the wrong type of treatment or any other sort of other argument that will try to lower the medical costs that they will have to pay. Still, numbers from a hospital bill for a specific treatment are by far more hard and fast than pain, suffering and loss of one’s ability to enjoy life and work.

While pain and suffering are far more subjective, we do have means to monetize and prove damages. There are precedents set from previous cases which we refer to and also basic questions we ask to attach a price tag. The way to quantify pain and suffering, or even embarrassment, is to ask the right questions to the jury and to the plaintiff: How much would you pay me to not take away the ability for you to walk for the rest of your life? How much would you pay me so you won’t have back pain the rest of your life? How much would you pay me to not put a horrible permanent burn scar on your face?

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Get That Whiplash Injury Claims Today

Published on September 24, 2009 in Personal Injury. 0 Comments

Ensure that you get that whiplash injury claims today.

“Get that whiplash injury claims today”, would be very informative to those who have suffered whiplash injuries and are in the process of getting that whiplash injury claims. Whiplash is a neck injury which occurs as a result of front or rear end collision of a four wheeler or it might even occur during a sport activity. Whatever be the cause of the whiplash injury if the victim is able to prove that the whiplash injuries suffered by him was due to the negligence of the third party he is eligible to get that whiplash injury claims immediately. The symptoms of the whiplash injuries do not manifest immediately and might take a few hours or days after the accident. So the victim of the accident is required to seek medical assistance immediately after the injury. Further if the victim is enquired by the police immediately after the accident he should not commit but should say that he is yet to seek medical assistance. This is a very essential factor because the whiplash injury’s symptoms do not manifest immediately and by committing to the police officer victim might be at risk while claiming for the whiplash injuries suffered in the accident. Some of the symptoms of whiplash injury are stiffness in the neck and the back region, headache, blurred vision, dizziness, nausea, vomiting etc.

In order to get that whiplash claims immediately the victim should seek medical assistance. The general practitioner of the accident and emergency department would examine the injured victim. The medical record would be a substantial proof in pursuing the whiplash injury claims. Apart from the medical records it is also necessary to collect the details of the person who was responsible for the accident. All these factors are more important in while processing a whiplash injury claim.
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Do You Have A Personal Injury Case?

Published on September 19, 2009 in Law. 0 Comments Tags: .

Florida Personal Injury Lawyers are asked the same question. Does y case sound like a good case for a personal injury lawyer? As most would say yes… let us evaluate so you can find out through your own decisions.

WHAT IS A PERSONAL INJURY?

Any harm caused to a person, such as a broken bone, a cut or a bruise is described as a personal injury. Any type of bodily harm or injury as a result of an attack, negligence or accident can come under the category of a personal injury .A lawsuit to recover damages from whoever is responsible can be filled by you . Personal Injuries can also be any injury resulting from, slander, libel or malicious prosecution, even false arrest; any bodily injury, sickness, disease or death sustained by any person and caused by an incident for which the state or anyone else may be held legally responsible. An accident takes place every five seconds in the United States. In most situations, accidents can be the result of carelessness or negligence due to the person who caused the accident.

In order to obtain compensation for your pain and suffering, your Florida personal injury lawyer must prove that you have been injured as the result of the negligence of another party. Moreover, your attorney must be able to show that as a result of the accident, you have suffered or incurred lost wages, medical bills, substantial pain and suffering.

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Understand Identity Theft – Tips To Protect Yourself

Published on September 13, 2009 in Personal Injury. 0 Comments

Stealing is against the law, no matter what form it takes. Theft threatens individual freedom and corporate security. Thankfully, there are laws to protect us from identity theft and related fraud.

People are becoming more aware of identity theft, but not many of us understand what it is and how it happens. In a 2003 study, the Federal Bureau of Investigation found at as many as 9 million people fall prey to identity theft every year. The impacts on personal financial security and business in general are huge. That same year, the Federal Trade Commission reported over $48 billion is losses to business and financial institutions and $5 billion out-of-pocket losses to American consumers as a direct result of identity theft.

Identity theft isn’t just a local or national problem. Ever-improving technology and communications has promoted identity theft to a worldwide problem. As we depend more and more on computers and online transactions, we become more vulnerable to the unscrupulous actions of identity theft.

What is Identity Theft?

Identity theft is a crime that occurs when someone steals your personal information, usually your full name, home address, social security number, or bank or credit account numbers. Once identity thieves have this information, they can apply for credit using your credit rating and ruin your credit score, not to mention your personal financial reputation. And the saddest part of it all is that a person doesn’t usually know it’s happening until his or her credit is already in jeopardy.

And with the miracle of the worldwide web comes the risk of having your personal information leaked through non-secure websites or tricked out of you by sly e-mail “company representatives” who want to “verify” your information. Some internet hackers have even stolen personal information for thousands of clients of a single company.
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Personal Injury in Los Angeles – Do I call an Attorney?

Published on September 12, 2009 in Personal Injury. 0 Comments

Personal Injury Lawyers in Los Angeles, CA

Personal Injury cases are always traumatic in nature. It still affects you whether it is major, or a minor injury. Heaven forbid, if results in the death of a loved one, the scars are deeper than any economic injury you could possibly have. There is no way to put a price tag on how much these injuries really cost you. Do yourself a favor, even if it isn’t the first thing you think of, getting advice from a top Los Angeles Personal Injury Attorney is a good idea.

When you are the victim of a Personal Injury in Los Angeles- Your injury Attorney must do these right away to preserve your claim:

- Conduct a prompt and thorough investigation of the accident scene

- Will help you get the medical attention that you might overlook

- Preserve critical evidence at the scene, you may not know what is important and what is not

- Look into seeing the merits of a potential lawsuit before it is too late

So what things do you need to pay attention to if you have an accident?

- Don’t tough it out, many injuries don’t surface until later down the road. Go to a doctor to get checked out

- Make sure all the potential witnesses have been spoken with. Get their address and phone number from them. It will be nearly impossible to reach them once everyone goes home

- As for yourself, make time to take notes now. When important details are still in your memory, now is the time to write it down.

- You need to talk to your legal counsel as soon as possible. Talk to the police, but when doing so make sure the investigating officer understands your description of the accident completely & accurately.

- If you are involved in an auto accident, sometimes an “adjuster” will show up and try to settle with you right then and there. Whatever you do, don’t provide any explanation or written statement to them. Don’t ever take an “on the spot” settlement — Your doctor will look at the extent of all your injuries, your need for medical treatment or perhaps surgery. An “on the spot” settlement may limit and restrict any future treatment

If you become involved in an auto accident, a slip and fall injury, or if you have suffered any kind of injuries from any other kind of accident, there are several good reasons why you need to consult with an attorney as soon as possible. You should seek legal representation immediately because any delay can hurt your case in some instances. As time passes, things get forgotten and you will be unable to collect and gather some crucial evidence. People move away and you will find that it will become more difficult to interview witnesses, much less find them! Some of the key details of your case may be forgotten. If you wait, it can be much more difficult to prove your case. I’m not suggesting you go out and sue whenever you get the chance, but just make sure to protect yourself if you are ever put in a situation like that.

When Fun and Excitement at the Amusement Park Turns Tragic

Published on September 12, 2009 in Personal Injury. 0 Comments

Almost everyone knows there is plenty of enjoyment and lots of fun to be had for the entire family at an amusement park. There are all types of many different attractions to be seen at amusement parks that draw in the attention of the young, and the young at heart.

Something that is very unfortunate, is the reality of knowing that where ever you see amusement parks and families having the time of their lives, there are also accidents that will involve serious injury, and in some very tragic cases, even wrongful death will occur. Many individuals and sadly a large number of small children will fall victim to, and suffer from bodily injuries that they have received from the result of a tragic accident that has occurred at an amusement park outing.

If you or one of your family members have suffered from injuries or a wrongful death, it is vital for you to contact California amusement park accident attorneys who specialize in injuries and wrongful death that can result from a variety of amusement park accidents.

There is a wide assortment of different types of bodily injury that individuals can suffer from in these types of horrible accidents. Suffering these type of injuries will not only affect the injured victim, but the entire family as well.

Some of these painful and frustrating injuries would include broken or fractured bones, facial injuries and lacerations, spine and spinal cord injuries such as herniated disc or bulging disc, traumatic brain injury, deglove, loss of a limb, paralysis, and even wrongful death.

Rides that are common for stopping very quickly are known for causing serious injury to a victims spine, either involving their neck or their back, seat restraints failing to work properly are known for causing bodily injury to children, ride operators who are under the influence of either alcohol or drugs is an ingredient for a disaster to strike, structural or mechanical failure, welds that are cracked, parts that are structurally weakened, malfunctioning or even broken seat belt restraints or lap bars, the willful shaking or rocking of rail cars, human error, missing or even broken safety pins, and poor maintenance.