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Most personal injury lawyers work on a contingency fee basis. That means they take a part of whatever monetary damages are awarded to the plaintiff. This can range from 25% to 45%, but most lawyers take 33% of the payout on average. Many people ask themselves if they can fight their own case and cut out the middle man. Charles Flaxman, a lawyer at the south-Florida based Flaxman Law Group, has been fighting personal injury cases for over 37 years, we asked him to weigh in on representing yourself in a personal injury case. Yes, you can technically fight your own case. And I can technically do my own taxes, but I don’t. It is always foolish to try to Read more…

Life is full of unexpected twists and turns, and often you will find that you were going through the daily grind of your life without any hassles and suddenly you come across an event that can turn your life completely upside down. An accident is such an event which may completely change the course of your life and the stark reality of it is that you can do nothing to avert such a situation. An accident can change many things; and you may probably have to tend to that person if he happens to be a close family member of friend. If the injury sustained by the person is of a serious nature, you will need lots of money, care Read more…

If you have been injured in an accident you may be wondering if you are entitled to compensation for pain and suffering. To make a claim for pain and suffering you need: 1) injuries (typically shown by medical bills and records or photographs [such as of a scar]) and, 2) someone else must be “at-fault”. You can’t sue yourself for pain and suffering, even if you accidentally drove off the road. Fault must be based on a specific theory of “Torts”. Torts is the branch of law that defines wrongful (civil i.e. non-criminal) conduct. Most personal injury cases are based on one of the following torts: “negligence,” “strict liability” or “intentional act” . Negligence Negligence is the most common legal Read more…

The first principle of personal injury negotiating is: ask for more than you expect to get. To apply this correctly you need to know what your case is worth but that’s a whole other article. Once you have a ball park idea of your case’s value multiply it by three for example. Use that as your starting point. I like to think of it as an “invitation to negotiate.” Roger Dawson is one of the country’s top experts on negotiation. He is founder of the Power Negotiating Institute and the author of “Secrets of Power Negotiating.” The audio version of his book has sold over 548 thousand copies, is one of Nightingale-Conant’s top sellers and is one of the best Read more…

I have previously written about the dangers of texting while driving, but the latest news from the National Transportation Safety Board (NTSB) provides more tragic proof of the reality of these dangers. The NTSB is investigating the recent Los Angeles Metrolink commuter train crash, which resulted in 25 deaths and 128 people injured. According to recent reports, it is suspected that the engineer of the train was text messaging when the train ran a stop signal and crashed into an oncoming freight train. Virginia personal injury/accident lawyers also have the ability to prove a driver who caused an accident was texting. At the beginning of a lawsuit, lawyers can simply issue a subpoena for the driver’s cell phone records from Read more…

Personal injury is the name given to the branch of tort law that covers any wrongdoing or damage done to another in his/her person, property, rights, or reputation. A personal injury can happen any where such as work, in a traffic accident, because of a faulty product or a faulty repair, due to bad medical treatment, or because you slipped and fell on a wet floor or pavement. The personal injury can be physical or psychological but, to be considered actionable, it must occur due to the negligence or unreasonably unsafe actions of your employer, a manufacturer, your doctor, your landlord, or some other person or organization who owes you a duty of ordinary care. If you think you may Read more…