Personal Injury Law Blogs

Crash Teams to the Rescue! Accident Reconstruction

Fall Festival AccidentAn October Church Fall Festival turned deadly when a sixth grade teacher allegedly lost control of her vehicle due to a possible pedal malfunction, killing a 15 year girl and critically injuring her younger sister.  The driver, Roseanne Piccirilli, cannot be formally charged until the findings of the “freak accident” are revealed.  In minor car accidents, when all parties involved are able to give an account of the accident, police officers typically do not need more information before filing a report.  However, in more complex vehicle accidents where drivers, passengers, and pedestrians have been severely injured or killed, police, and even lawyers, need more information for the case.  According to a Wisconsin Auto Accident Attorney, a successful auto accident claim relies on resources from investigators, doctors, numerous experts and a knowledgeable team specializing in accident reconstruction.  While the “he said, she said” story, along with eye witness accounts, will often set a lawsuit in motion, more quantitative data is needed in order for accident victims to receive a fair compensation for financial and physical suffering related to the accident.

If in the Event of an Accident…

According to the National Safety Council, 1 in 11 drivers will be involved in a car accident each year.  While car accidents range from a small fender bender to a distracted driver to a fatal “unexplained” crash, drivers should be well equipped with the knowledge of what to do if he or she is involved in or witnesses an accident.  Many accidents require legal assistance and any information, regarding the crash, is invaluable to investigators and lawyers.  If you were in involved in an accident, would you know what to do?  Here are the “basics”, if you are ever involved in an accident, as it is pertinent to any police report or accident claim.

  • When you are involved in an accident, be sure to STOP your vehicle if you are able and it’s safe and legal.
  • Depending on where you live, you may be able to move your car out of harm’s way.  In some states, however, your case will be more or less tossed aside if you move your car out of the way, as you have technically altered valuable evidence.
  •   Call the police and emergency services if you or anyone else is injured.  Even the smallest of injuries may need attending to.
  • Gather any information you can.  Get the names of all parties involved in the accident, including witnesses.  Draw a quick sketch or note of your account of what happened or the placement of the vehicles involved in the accident.  Time can be your worst enemy when it comes to recounting important details of your accident.  Even if you think you have a flawless memory, you may be surprised how the details can change and fade.

In a perfect world, you will never be involved in an accident and if you are, collecting data is your “worst case scenario”, but often times, many drivers, passengers, and pedestrians never have the chance to share their account of what happened.  Police reports are unfinished, families hire attorneys to seek justice, and a crash remains a mystery until more detailed information comes along.  This critical time is when crash teams, specializing in accident reconstruction, come to the rescue.

Accident Reconstruction: Solving the mystery and tragedy of an Automobile Accident.

In the complex, heartbreaking case involving driver, Roseanne Piccirilli and the young victims, the police and family rely on the scientific findings from an accident reconstruction team.  An accident reconstruction team looks at every detail of the accident and before a “reconstructionist” can join an invaluable team, he/she must have at least 10 weeks of rigorous training specializing in all kinds of accidents including motorcycles to larger vehicles. A Reconstructionist walks through the crash scene numerous times, performing tests that rely heavily on math, engineering, computer science and physics.

While an eye witness, the injured victim, or Piccirilli, herself, has their own account of what happened during the crash, a reconstruction team has an unbiased opinion based on science, alone.  In this particular case, where the gas pedal may be at fault, the crash team may consider the height of the driver, the placement of the floor mat, the age of the driver, the health of the driver, and the mechanics of the vehicle; as all can be related in a pedal misapplication crash.

Crash teams have helped solve the mysterious accident behind Hollywood icon James Dean’s death to the unfortunate everyday automobile accident.  A reconstruction team will also examine specific details of the accident to aid the police, lawyers, and families looking for answers.  A crash team investigates and performs:

  • Impact speeds
  • Point of Impact Placement and the Magnitude of the Impact
  •  Time Distance Analysis
  •  Seatbelt Usage
  • Air Bag Deployment
  • Analysis of Reports already Taken or Filed

While it may take weeks to months to gather and analyze data from the scene of an automobile accident, the information that a reconstruction team gathers is invaluable for a pending lawsuit and a grieving family.

If you are ever unfortunate enough to be involved in an accident, would you rather rely on the eye witness account of a pedestrian on the sidewalk or the scientific and thorough training of an accident reconstruction team?

An Overview of Bail Skipping

Failure to appear (FTA) is a term used for defendants who are released on bail and fail to appear at their scheduled court hearing. Statistics on the frequency of FTA vary, depending on the source, and the accuracy of those statistics is also a source of debate. But FTA is not just a legal issue, as bail skipping has financial and economic ramifications as well.

Bail bondsman and FTA

In cases where a defendant is granted bail, a 24 hour bail bonds agency may get involved if the defendant cannot come up with the money. The agency charges the defendant a fee, which is a percentage of the total amount of the bail. The bail bondsman then presents the court with a surety bond, which protects the recipient against losses if the contract cannot be fulfilled. If the defendant jumps bail, the bail bond agency is allowed six months to return the defendant back to the court, or reimburse the court for the full amount of the bail. The surety bond is often backed by insurance companies. Apex Bail Bonds in Rockingham County, NC always makes sure their defendant shows up to court and pays the bail.

Frequency of FTA

Defendants fail to attend their hearing in about five to ten percent of cases — comprising roughly 10,000 incidents per year — although New Jersey reports that 20 percent of defendants ditched their court date. This discrepancy in statistics illustrates the complexity of this issue. The New Jersey statistic has been challenged based on the fact that New Jersey criminal courts are slow in disposing their heavy case load. Additionally, there has been an uptick in the prosecution of drug cases as a result of new drug legislation. The courts have had to deal with a growing influx of addicts, who are by nature erratic in their behavior. Another factor is that in New Jersey, the determination of whether a case will go to trial or not is a very long process, and studies reveal that FTA increases with lengthier disposition times. It is also crucial that you get a legal specialist that is in your area, as they are going to have a much better knowledge of that area. We recently worked with a professional criminal defense attorney in Jersey City and they had a great knowledge of that area, so just shows how important that is.

Who is Granted Bail?

Though five out of six defendants are offered bail, it is estimated that 50,000 inmates remain in U.S. jails due to their inability to pay bail, even though they have yet to be tried. Most of the defendants who were granted bail were accused of fraud. Charges of rape, motor vehicle theft, robbery, or burglary were less likely to be offered release.

Who is jumping Bail?

Demographically, Hispanics or blacks with past arrests were the highest risk of FTA. For all ethnics groups, 61% of those who were released on bail had a prior arrest. Of that 61%, 27% had jumped bail in the past, 30% were previously convicted of a felony, and one in four defendants were released on bail, even though they had other criminal cases pending.

An Economic Issue

FTA is an economic problem for the nation’s local governments; some estimates suggest that FTA costs local governments $10 million per year. In the past five years, the amount due to local governments for FTA has increased as a result of changes in the business model of bail bond companies. These companies have started providing bonds to higher-risk defendants, including defendants with prior histories of FTA. This increase in FTA has caused some insurance companies to go bankrupt.

Examples of affected local governments include Los Angeles, which is due $25 million, and New Jersey, which is owed $39 million. Local governments have also been forced to allocate resources towards locating these defendants, as bond companies have started using bail bond software to streamline the process of providing bail bond services.

Byline

Justin Hartford is a freelance writer who specializes in legal topics such as personal injury law, criminal defense, affordable bail bonds, criminal sentencing, history of prison facilities, legal history and other areas.

The Worst Premier League Injuries in Recent Years

Premier League soccer is considered the apex of footballing talent with plenty of fans hoping to get the best seats at online sports ticket sites like the Football Ticket Pad. Fans ranging from old veterans down to starry-eyed kids all have aspirations of playing on a Premier League pitch. The skillful plays and graceful athleticism of the Premier League athletes justify the moniker coined by Stuart Hall: “The Beautiful Game.” However, there have also been a fair amount of ugly plays as well. Though many critics of the sport like to point out the frequency of simulation (or faking an injury, in less sophisticated terms) as a mark against the game, there have certainly been a significant number of legitimate injuries. The following is a list of some of the worst injuries in the history of the Premier League.

Heat-Seeking Elbow

Tottenham Hotspur Gary Mabbutt was locked in a heated challenge with Wimbledon’s John Fashanu in a match in 1993. Fashanu’s elbow smashed into the left eye of Mabbutt, which almost cost Gary his eye and his career. The results of the errant elbow were a damaged eye socket and three different breaks and four fractures in the cheekbone. In fact, a metal plate had to be inserted under the skin to stabilize the structure of his face.

The Many Broken Legs

In 2004, after only 19 games with Liverpool, Djibril Cisse suffered a terrible leg injury against Jay McEveley of the Blackburn Rovers. Cisse’s boot got stuck in the turf, while his calf bone was kicked (unintentionally) in the other direction by McEveley. It was obvious that the leg was broken as it slouched like it had no bone at all immediately after impact. On the bright side Cisse came back a little under a year later, much sooner than anyone expected.

In a 2008 match between Arsenal and Birmingham, Martin Taylor slid in for a tackle against Arsenal’s Eduardo da Silva. Under the impact Eduardo’s left fibula was broken and his ankle was dislocated. One particular photo taken just as boot struck the knee shows Eduardo’s bone tearing through his sock. Some reports even asserted that had the tackle been slightly harder it may have taken da Silva’s foot clean off.

In a twist of bad luck, roughly two years later tragedy struck Arsenal again in the person of Aaron Ramsey. After a tackle from Stoke City’s Ryan Shawcross, Ramsey was in tears as he rolled around on the grass. As a result of the tackle, Ramsey’s leg was actually dangling freely from his body. Like the incident with da Silva, many players avoided the scene for fear of vomiting.

Last is the injury considered by some sources to be the most horrific in the history of the Premier League. David Busst from Coventry had only been a professional for five years. He was becoming a regular player for the team, and was thus picked to play in the game against Manchester United in April 1996. Two minutes into the match, as the ball swung in from a header off a corner kick, opposing players Dennis Irwin and Brian McClair lunged at the ball to clear it. In the process of attempting a shot on goal, Busst’s leg suffered severe damage with both lower leg bones (tibia and fibula) sustaining extensive fractures.

The Manchester United goalkeeper, Peter Schmeichel, who was reputed to be one of the toughest players in the league, immediately covered his eyes in the aftermath. According to some reports, Schmeichel even threw up on the pitch and needed counseling. To add to the pain, players and fans then had to watch blood get cleaned off the pitch for twelve minutes as the game was stopped.

Byline

In addition to Premier League injuries, Roger Bolton covers sports history, sports news, sports attire and accessories, and so forth; for more info on sports clothing visit Lupo Sports.

Constructing a compensation claim

Guest post regarding how to construct a compensation claim. 

Sometimes, planning is of the essence. Putting in the necessary time and effort before a particular event or important occasion more often than not pays off. As your teacher no doubt told you before you ever started an essay or an exam, always make a plan.

Unfortunately, even the best prepared amongst us cannot legislate for everything. Every now and then, something comes up which catches you completely unawares.

This could be a good thing. Your boss might give you an unexpected pay rise, your favourite film might be on just as you collapse on the sofa, or what the weather man predicted would be a gloomy, wet Sunday turns out to be filled with glorious sunshine.

But sometimes, bad things can happen too. Bad things like personal injury.

Who to ask for help?

If your injury was down to negligence, a reckless driver or any other act of an individual or organisation, you might want to think about making a compensation claim. Reputable firms like The Co-operative Legal Services can help you with this.

Click here to find out a little more about launching a compensation claim for a personal injury with them.

A quick phone call will put you in touch with dedicated legal advisors who can help you to understand your position and whether you would be correct to pursue a claim. These people know the tricks of the trade and have a solid comprehension of the law, so speaking to them is always a good starting point.

Who to claim against?

If you feel that you were the subject of medical or clinical negligence, there is a specific avenue for you to investigate. Claims of this nature can be made against a variety of medical providers, including the NHS, dentists, cosmetic surgeons, GPs and private hospitals, so don’t feel that your case cannot be taken on.

Who to pay?

A dedicated team of specialist medical and clinical negligence solicitors are available to those making claims and their knowledge of the industry is second to none. All legal fees are covered and in the vast majority of cases, the claimant keeps every penny of any compensation.

You don’t have to accept every piece of misfortune as inevitability. If someone or something was at fault, challenge them. Stand up and submit your claim for compensation using legal services to help you construct it professionally.

The Most Accident-Prone Vehicles in America

According to data from the United States Census Bureau, there were 10.8 million motor vehicle accidents in the United States in 2009.  This number is 6 percent higher than the total number of accidents recorded in 2008 but lower than the amount of vehicle collisions during the years 2000 (13.4 million) and 1990 (11.5 million).

If you’ve had an accident or injury in America as a result of someone’s negligence, see our top injury attorneys page here, which now includes our guides to the Best Personal Injury Lawyers Las Vegas, Nevada, Injury Lawyers in New Orleans, Louisiana, and for those in Colorado, this guide to some of the top Personal Injury Attorneys in Denver 

There were 338,000 motor vehicle related deaths occurring within 30 days of an accident in 2009. These include both collision and non-collision accidents involving drivers, passengers, other vehicles, pedestrians, and fixed objects. Texas leads the country in traffic related fatalities from accidents with 30,000 deaths, while the District of Columbia had the fewest at 290.

The types of vehicles that were most likely to be involved in a motor vehicle accident, according to Census data, are passenger vehicles, utility trucks, and pickup trucks. Specific data from the Insurance Institute for Highway Safety (IIHS) rates the following five vehicles as the most prone to accidents: Chevrolet Sonic, Chevrolet Cruze, Toyota Camry, Nissan Maxima, and Kia Soul. Each of these vehicles were selected based on their IIHS insurance loss ratings.

Chevrolet Sonic 

According to IIHS ratings for the 2010-2012 model years, the Chevrolet Sonic receives ratings in excess of 100 (worse than average) in insurance loss arising from personal injury, medical payments, and bodily injury to drivers, passengers and others. The Sonic’s ratings of 134 for personal injury and 172 for medical payments makes the vehicle substantially worse than average when compared to other cars. Its ratings for collision and property damage are at or worse than average, making the vehicle one of the most dangerous cars on the road.

Chevrolet Cruze 

Like the Sonic, the 2010-2012 Cruze has worse than average insurance loss ratings, including property damage (107), personal injury (121), medical payment (128), and bodily injury loss (124). It is also considered a marginal to poor safety risk by the IIHS in its crash test ratings.

Toyota Camry 

The Toyota Camry comes with a 157 collision rating, a mark much worse than average, and an unusually poor score for a vehicle made by Toyota. The vehicle’s personal injury and medical payment loss ratings also come in substantially worse than average, at 133 and 141 respectively.

Nissan Maxima 

The Nissan Maxima received insurance loss ratings that were worse than average as compared to similar vehicles of its class (at 145 and 147 respectively). Collision, property damage, and bodily injury ratings were poor as well.

Kia Soul 

The insurance loss ratings for the Kia Soul were 134 for medical payment loss. For personal injury and bodily injury, the numbers are 115 and 105, both worse than average.

The Chevy Sonic and Cruze were deemed among the most accident prone cars among vehicles in the small four-door car category. The Nissan Maxima and Toyota Camry received some of the worst high safety concern and insurance loss ratings among midsize four-door cars. The Kia Soul is deemed by the IIHS as one of the most accident-prone small minivans on the market.

Byline

Vinny Cunningham writes on car dealerships, car mechanics, car repair, the auto industry, car dealership software and other related subjects.

Important Rules Regarding Strict Liability and Product Defects

(US PI Law) Suing a company over a defective product that causes you to become injured can be a difficult process, but with the help of an attorney and a bit of knowledge about liability, you can have an easier time doing so.

We all laugh from time to time at the seemingly absurd warning labels on certain products. Don’t use a hair dryer in the bathtub? Who would? But the truth is, those labels are there for a reason, and that reason is usually that someone tried to do that, got hurt, and sued because they were not told they shouldn’t.

Still, if you’re planning on filing a claim against a company for a product that caused you to become injured, there are a few things you need to be aware of before doing so, and you have to be able to prove that the company should be held liable. Of course, hiring an attorney is helpful with these cases, but you should still figure out if you can prove that the manufacturer is liable for your injury. There are a few things you’ll need to be able to prove.

1) That the product had a dangerous defect that injured you.

Proving that a product was defective, either through its design, its manufacturing, or by something that happened to it in the shipping process, can be somewhat difficult. Proving this will depend on what sort of defect you are trying to claim. If something was broken during its manufacturing process and an electrical short injured you, that can be easy to prove. Likewise, if, in the instance of automotive flaws, the brakes are designed in such a way that they fail, it is easy to prove a defective design.

However, if you are trying to sue a manufacturer that produces scissors for a cut you sustained when you slipped and the blade hit your hand, you’re not going to be able to prove a defect—scissors are meant to cut, and the manufacturer will just say that you were using their product incorrectly.

2) That the defect is what caused the injury, even when the product was being used as it was intended.

You will also need to prove that the defect is what caused your injury, and not some outside source. For example, if you get into a car accident due to faulty brakes, you’ll need to prove that it was the brakes that were faulty and not that you had been following another driver too closely. This is the reason you will want to hire a good personal injury lawyer if you’ve been hurt from a defective product. They will be able to walk you through the steps you need to take and show you what you need to do in order to obtain proof. Things like auto inspections in this case will help your case, for example.

3) That the manufacturer was negligent in selling a product that was defective.

Finally, you will need to prove that the manufacturer was negligent. That doesn’t necessarily mean that they knew about the defect and sold it anyways—it could mean that they did not provide an adequate warning about the dangers of using their product and thus you had no way of knowing you’d be injured.

Think of cases like McDonalds’ hot coffee warnings being added to their cups—those warnings had to be added because a woman burned herself so severely after accidentally spilling the coffee on herself that she had to go to the hospital. The company put warning labels on the cups to help ensure that the accident did not happen again. That is why so many products have seemingly absurd warning labels—either an accident has already happened, or they are putting the notice on the product as a precaution.

Insurance Fraud Figures Reflect Need for Changes in Law

Insurance fraud has made many of the headlines in the past few months. Some of us had not realised just how much money was dishonestly claimed through insurance claims and yet we complain about increases in premiums. It seems obvious that the more money is paid out by the companies through fraud then the cost has to come from somewhere so the companies pass it on to us.

In July this year a BBC report was published stating that the Association of British Insurers (ABI) had announced that insurance fraud has actually risen to over £1 billion a year for the first time. This shocking claim comes in the wake of the latest attempt to combat this which was a change in the law regarding personal injury claims.

Earlier this year there was a drastic change in the law concerning personal injury claims. The Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) was introduced in April 2013 and now represents a big change in aspects of Legal Aid. The new act changes the automatic qualification a claimant had to receive Legal Aid. The government is continuing to discuss plans to cut the Legal Aid bill in England and Wales. They have announced that Legal Aid costs taxpayers about £2 bn each year (criminal defence makes up more than half of that). They state that the situation is unsustainable however it has to be stated that this plan has to be executed carefully or the justice system would be denied to the poorest in society.

Regarding personal injury, the act puts a ban on a solicitor’s ability when handling a case which he previously had to reclaim all costs involved in making a claim directly from the other party. Before this act the claimant was able to receive the full amount of his or her compensation at no personal cost – after this act the client has to pay all of any additional fees out of the amount of compensation claim they have been awarded.

It is good to see that personal injury claims are now being checked investigated when deemed necessary to a fuller extent and some of the bigger fraudulent claims are highlighted in the media to try and discourage others. E.g. In June 2013 the BBC reported on a man jailed for falsely claiming £1 million with a personal injury claim.

Whilst all these new efforts are being made to combat fraud it has to be emphasised that the majority of personal injury claimants may be genuinely in need of adequate compensation. Unfortunately the new act means that someone who is living poorly and has little money anyway may be unable to claim for perhaps a smaller injury, as the cost of their court fees and expenses may be more than the amount of compensation awarded. It is these people who now need to be protected and it has to be said that the importance of getting the correct legal advice right at the beginning, from a specialist personal injury solicitor, is very important for these cases.

Toxic Mold and Your Business Liability

(U.S. Personal Injury Law and generally) Owning a commercial business or managing a property can be hard work, but many individuals gladly accept this burden due to the benefits that come along with it. Unfortunately for these people, the benefits also come with great responsibilities. One issue that business owners, property managers and even landlords are confronting these days is that of toxic mold. This mold may cause serious health issues in those who work in or own a business, and if the problem isn’t handled correctly, serious legal implications could follow.

Legal Implications

While the health effects of toxic mold were traditionally a contentious issue, that didn’t stop over 9,000 U. S. lawsuits from being filed related to the issue when it was first coming to light between the years of 1992 and 2002. Individuals who suffer certain health issues in the presence of toxic mold can easily bring forward a personal injury lawsuit, and this can prove damaging for landlords and commercial professionals.

It can be difficult to prove a direct causal effect between mold and health issues, but even with this being the case, some juries have awarded tens of millions of dollars to both employees, renters and commercial building tenants due to toxic mold. Because of the huge legal and financial implications of this problem, it’s imperative for a person to know how to efficiently handle the issue. Stachybotrys mold (aka black mold) has been found to cause symptoms to manifest from “chronic fatigue or headaches, fever, irritation to various areas including the eyes, mucous membranes of the mouth, nose and throat, as well as other symptoms such as sneezing, rashes, and chronic coughing. The controversy began in the early 1990s after analysis of two infantile deaths and multiple cases in children from the poor areas of Cleveland, Ohio due to pulmonary hemorrhage.”

Cause and Prevention

Of course, the best way to properly handle toxic mold is to prevent it from ever developing on a property. This can be done by keeping a keen eye out for wet spots or condensation on the property and fixing any leaks that develop on a building’s exterior or within its plumbing system. In addition, HVAC systems should be routinely inspected. When building properties, it’s also important to provide proper drainage to prevent any potential water buildup.

Unfortunately, moisture can still make its way into a commercial or other type of structure. If carpets become wet during any disastrous event, such as a flood or burst pipe, it’s imperative to get rid of that carpet to minimize the chances that mold will develop. Unfortunately, all of the preventative measures in the world aren’t guaranteed to stop mold formation, and in these instances, properly ridding the property of the nuisance is imperative.

React Quickly or Pay the Consequences

When mold is discovered within a facility, it’s imperative to pinpoint the cause of the issue. Mold most often develops due to roof leaks, condensation from HVAC systems, improper building maintenance, flooding, leaky pipes and even humid conditions. There are ways to solve each of these problems, including using humidifiers and increased ventilation for temperature issues, but it will also become necessary to hire a mold testing and remediation company. Luckily, these companies are guided by the U.S. Environmental Protection Agency, so they can usually quickly handle the problem and help a property manager avoid litigation. Using industry professionals can minimize the likelihood that black mold will spread, as well as remediating any that has already developed.

Toxic mold has become a hugely litigious area of the law, and this reality isn’t likely to go away anytime soon. Many times a property being sold will be found to have black mold in the structure, which can cause the value to spiral downward. Sometimes a fast cash sale, using a renovator/liquidator such as http://pdxrenovations.com/ can reduce your chances of facing serious legal implications and heavy financial loss.

Facial Injuries: What Compensation is Enough?

Facial injuryBeing injured in a car accident can be painful and devastating.  Victims not only experience physical pain, they are also often faced with financial distress due to substantial medical bills that are coupled with the inability to work.  To make matters even worse, a serious injury may cause the victim to suffer emotional trauma as well.  However, when the accident leaves the victim with permanent injuries to the face, victims often experience an additional level of emotional trauma and have a long road to recovery.

Compensation in Personal Injury Cases

Victims of accidents caused by the negligence of another person are entitled to receive compensation for the losses suffered as a result of the accident.  For example, through a personal injury lawsuit victims can recover compensation to recoup the medical expenses related to the treatment of injuries.  Because injuries often cause victims to miss work, victims may also be able to recover lost wages.  Furthermore, if as a result of such injuries, the victim is unable to earn the same amount of money as prior to the accident, the victim can seek compensation for loss of future earning capacity.  In cases where the trauma suffered in the accident is not only physically trying but also emotionally trying, a court may award the victim significant damages for pain and suffering.

Pain and Suffering

Unlike damages awarded for medical expenses and lost wages, an award for pain and suffering is not an economic award.  Sometimes referred to as “quality-of-life” damages, non-economic awards such as pain and suffering are intended to compensate the victim for injuries and losses that are not easily quantifiable.  Pain and suffering awards are linked to  the emotional trauma a victim experienced because of the accident and injuries such as depression, inconvenience, and mental anguish.  It is also linked to physical trauma such as disfigurement, pain, and extended limitations on physical activities.

Facial Injuries

According to a South Carolina personal injury attorney where there is a permanent, visible manifestation of the suffering experienced by the victim such as facial disfigurement, the emotional trauma is likely to be greater.  Examples of facial disfigurement include scarring, burns, bone damage, or damage to facial attributes such as the eyes, nose, ears, or lips.  Having to live with a facial disfigurement is not only a constant reminder of the accident but it can also affect the victim’s self-esteem and daily life.  Unfortunately in our society people who have a “different” appearance are often stared at, laughed at, pitied, and even passed over for jobs. Even if the disfigurement can be minimized or eliminated with surgery, the process often involves several procedures and an extended period of recovery.

Because of the number of invasive procedures victims with facial disfigurement must endure, coupled with perhaps a lifetime of scarring and self-consciousness, courts often determine that such victims are entitled to pain and suffering damage awards that are greater than victims who experience other types of injuries.  Putting a dollar amount on pain and suffering damages is an inexact science.  The formula used by the court can vary greatly from jurisdiction to jurisdiction and case to case.  In many cases the court will add up the economic damages such as medical expenses and lost wages, and multiply the total by 2, 3, 4 or 5.  Ultimately, a jury can award any amount it sees fit based on the evidence presented.  Whatever the award amount is, the lives of victims with permanent facial injuries will be forever changed.

Many believe that pain and suffering awards are often too high and akin to hitting the lottery.  Do you think that there should be a statutory cap on pain and suffering awards?  Should there be a consistent formula that courts must apply in all cases?

Why Settling Too Quickly on a Claim is such a Bad Idea

Whether you have been injured or simply incurred a lot of vehicle damage during a car accident, it is natural to want to settle your claim as quickly as possible. However, moving forward too fast can actually cause you to lose a lot of money. After all, it is difficult to know the extent of your medical injuries during the first few days, and it is also well-known that insurance companies attempt to provide their clients with the smallest settlement amount possible. Therefore, it is best for anyone who has a claim pending to consult with an attorney before signing on the dotted line.

What will Happen if I Sign too Quickly?

According to a car accident lawyer in Chicago, insurance settlement data indicates that people who choose to move forward without utilizing a lawyer will receive 3.5 times less money. When you consider how expensive your medical and vehicle repair bills could be, you will easily be able to understand why so many people opt to have an attorney on their side. Keep in mind that signing a settlement check will bring your case to a close, and it will be extremely difficult to negotiate for any additional assistance after this point.

Why do People Wait for a Settlement?

Even if you are not planning to increase your odds of receiving a large settlement by hiring a lawyer, you should still wait long enough to ensure that you receive an in-depth analysis of your injuries and their anticipated medical costs. Keep in mind that most it life-altering injuries will not be conclusively diagnosed during the first couple of days, so you do not want to inadvertently waive your right to seek enough money to take care of all of your future related medical needs. Additionally, it is important to consider all of the anticipated wages that you will lose throughout your life if you are never able to work again.

Can I File a Lawsuit after I Receive a Settlement?

You will be required to sign a waiver as a condition of receiving a settlement check. Because of this, you will no longer have the legal right to file a lawsuit against the insurance company or the driver who was at fault. In other words, any additional medical expenses or lost wages that you suffer as a result of the accident will become your financial responsibility.

This is the most compelling reason to delay accepting a settlement offer until you have received enough medical attention to have a firm idea of whether or not you are going to recover quickly. However, the law does not enable you to wait for an extremely long period of time to make a decision. For example, if you are seriously injured in a car accident in Chicago, you will only have two years to file a personal injury case. If you fail to do this, you will lose the ability to take legal action.

In some cases, a car accident can be easily settled if you do not have any major injuries or damages to deal with. In all other situations, it is important to take enough time to ensure that all of your related expenses will be taken care of, whether it is with help of a car accident lawyer in Chicago or Dallas. It is always a good idea to contact a car accident attorney to help you determine whether or not you should take legal action instead of accepting a settlement offer.