Personal Injury Law Blogs

Benefitting from a Massachusetts Criminal Defense Attorney

Most people are truly sorry when they have been convicted of doing something wrong. As long as they have not been convicted of this act in the past, there is a good chance that the judge will take it easy on them and give them a fine and even some community service. Of course, if this is something that you have been convicted of doing and you are a repeat offender, the judge is not going to be so lenient. This is the reason why you are going to need a criminal defense attorney on your side.

If you had to stand up for yourself in court, you would never survive. A criminal defense lawyer will be able to explain to the judge why you should be given a second chance. If the judge does recommend that you spend time in jail, your lawyer will usually be able to get your jail time reduced. There is no reason why you should not have someone to represent you when you have broken the law. In extreme cases you may even need a Massachusetts receiving stolen property attorney that can help shed some light on your misfortune.

You may be under the impression that you do not have enough money to pay for a lawyer. In situations such as this, you may be allowed to make payments to your lawyer. You also may be able to find a lawyer who will not charge you any money unless you win the case. This is going to benefit you tremendously.

If you have been arrested for possession of drugs, drinking and driving, breaking a restraining order, or even robbery, you need a criminal defense lawyer on your side. There is obviously no time to waste. Before you know it, you are going to be standing up in front of the judge trying to explain to him why he should not throw the book at you. This can be very frustrating because spending time in jail can not only be scary, it can also be very inconvenient. Keep this in mind when you are considering not hiring a lawyer.

Do not waste your time attempting to defend yourself and instead find a Massachusetts criminal defense lawyer. After all, you never know whether or not you have a strong case until you are willing to sit down and discuss matters. There is a good chance that you have a strong case. And if you’re living in a different area such as Las Vegas, then consider getting help from this criminal defense attorney in nevada.

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Gary Hall likes to write – a lot. In fact, he’s mentioned it before. His tastes range from beekeeping to classical piano. He finds himself moonlighting as a writer for several companies, including http://www.elliotsavitzlaw.com/ – something he enjoys almost as much as honey. Almost.

Delays in Whiplash Reform and Future Effects on Cyclists

In 2017, the UK government announced a sweeping reform focused on whiplash and personal injury guidelines to help combat unnecessary and costly compensation claims. Under the Civil Liability Bill, changes to compensation claims after a road traffic incident were to take place. In effect, the threshold for small claims court would increase from £1,000 up to £5,000, making it more difficult for individuals to recoup legal costs and claim an exorbitant amount for soft tissue injuries. While the reform is presented under a guise of good intentions, several believe it has downsides that impact a significant portion of non-motorist road users.

Cyclists represent millions of total road users each year, with more than 700,000 adults opting to use their bicycle as a means of transportation every day. With the influx of cyclists and motorists on the roadways, it is not surprising that road traffic accidents have been on a steady incline for the past several years. The unfortunate reality is that cyclists take the brunt of the damage when colliding with a vehicle, mainly due to the fact they have no protection surrounding them. However, despite the dangers cyclists face, the whiplash reform bill takes none of their unique positions as a road user into account. The proposed bill has now been delayed until 2020, which has given cyclists and advocates of vulnerable road users an opportunity to speak out.

Why the Delay

The most recent announcement relating to the whiplash reform proposal mentioned a two-year delay to its implementation. Moving from October 2018 to April 2020, the Ministry of Justice cited a need for extensive testing for users to ensure the bill would truly be beneficial. The claims process may now include an online portal which requires design and implementation that cannot feasibly be met by the fall of 2018. Additionally, the government wants to have the ability to measure the impact of the change in claims processing on a grand scale – something it cannot accomplish without additional time and resources. The idea is that the pushback will allow for a fairer system overall, but some are skeptical.

Many speculate the reason behind the pushback was the vast amount of scrutiny the Civil Liability Bill took on when originally proposed. Instead of breaking up road users into relevant categories for the purpose of compensation claims after road traffic accidents, everyone was lumped in together. In taking this approach, there is a sense of concern over how cyclists will fare after accidents that take place due to no fault of their own. If you got involved in an unfortunate event, you can put your trust in licensed professionals such as lawbrokr.

Cyclists and Vulnerable Road Users Unfairly Targeted

A group of cycle claims specialists in the UK explains the potential harm done to cyclists and other vulnerable road users should the reform move forward as proposed. Cyclists rarely experience whiplash as a result of a road traffic accident. Instead, they often have broken bones, head trauma, and extensive damage to their bike. Given the minimal number of whiplash cases in cyclist accidents, the new reform unfairly targets cyclists.

Additionally, cyclists are not likely to meet the new small claims court limit for compensation. An estimated 70% of cyclists do not have a claim that exceeds £5,000, meaning under the new reform, they will be forced to utilise the small claims court process instead of a civil court with legal representation. If they do retain legal counsel, the costs associated with representation is not included in their claim. Cyclists are then required to cover these expenses out of pocket, or go without. Because of the unique positioning of cyclists and their differentiators from motorists, the whiplash reform bill does nothing more than penalise them in the long run.

Potential Cost Reduction for Motorists

In a recent review of the whiplash reform, the government cited a potential reduction in costs for motorists as it relates to insurance premiums. Whiplash claims that are unfounded, according to government leaders, costs other road users more than £1 billion each year. Increasing the limit on small claims court thresholds for these claims means there will be fewer cases, and ultimately, less financial burden on big insurance companies. The idea is that with this reform, motorists will reap the cost savings through a trickle-down effect from a reduction in insurance company settlement costs, to the tune of £35 per year.

The cost savings that has the potential to reach individual motorists is a drop in the bucket for many. However, cyclists and other vulnerable road users stand to lose exponentially more in the process. With the recently announced delay in rolling out the reform, many hope speaking out against the unfair policies against cyclists can be rectified in time.

Image credit: Tejvan Pettinger via Flickr / Creative Commons Licence

Qualities To Look For In A Lawyer

When you’re in need of an attorney you want to have confidence that the person you choose is going to not only be qualified to do the job you hire them for but also that they’ll be sensitive to your case. Not all lawyers are the same, and this is why it’s so important to take the time to seek out the right fit for you.

There are a few certain qualities in particular that you should look for when on the hunt for the right representation. Take your time and do your homework so that you feel comfortable and certain with yourself regarding your final selection. Need nationwide expert witness services with pedigrees from the best schools?

Knowledgeable in Their Area of Expertise

One quality you want to look for in your lawyer is that they have the proper education and background for the type of case you’re presenting to them. For example, you’d want an individual who specializes in personal injury law and car crashes in Atlanta specifically, if that’s where your incident occurred. You also want to make sure the professional has positive reviews and experience dealing with these types of events, if you get injured then you want to make sure that the personal injury attorney you hire has great reviews. 

Personable

It’s also important that your lawyer is personable and easy to work with and doesn’t belittle you or make you feel uncomfortable. Visit each potential candidate and speak with them so you can get to know them as a person versus simply your lawyer. You’ll likely be able to tell fairly quickly if the individual you’re meeting with is friendly and someone who you can see yourself dealing with for an extended period of time.

Strong Communication Skills

Your lawyer should also have strong communication skills and not cause you more confusion when working with them. It’s not only critical that they know how to talk to you properly, but also to others including the judge and any other parties who are involved. Evaluate their verbal as well as their written abilities and confirm they’re able to meet your standards in this area. Notice their overall tone and if you think they’re able to clearly get their point across without becoming frustrated.

Responsive & Conducts Proper Follow up

What you don’t need is to hire a lawyer and then find out they tend to disappear on you for weeks at a time and don’t return your phone calls. Read reviews in detail and see if the person you’re considering is reputable, responsive and follows up in a timely manner. Pay attention to how quickly they get back to you when you’re initially reaching out and trying to collect more information. If you get a bad feeling, then it may be time to move on to your next possible option.

Conclusion

It’s not always easy to find a good lawyer, so don’t panic if you’re having trouble initially. Use these tips to assist you in pinpointing the qualities you want in your attorney and then work hard to find someone who meets your requirements. If you need help, you can find the best lawyers in Atlanta with TrustDALE. Keep in mind that it’s worth a little hard work up front to find the right answer for you.

For many years now, James Benson has specialized in management consultancy, who also practices law. He is renowned for his knowledge in the field. James focuses on real estate, and so if you have any questions on the matter, he’s your go-to man for the job. James is upfront, will respond to you ASAP, and is easily contactable.

Ways To Keep Yourself Safe On The Road

Driving is a common mode of transportation that most people choose as a way to help get them around town on a regular basis. Unfortunately, accidents do happen so safety should be a top concern when you’re out on the roads.

The last situation you want is to put you or your loved ones in harm’s way while driving. Set a few measures in place and you won’t have to worry about much as you attempt to get yourself from one place to the next. Know that the precautions you take up front could save your life or that of someone else’s.

Buckle up

There’s no excuse for getting into a car and not buckling up immediately before you depart and hit the road. It’s not only your job as the driver to make sure you have your seatbelt on, but you should also confirm that everyone you’re driving with is buckled up too. You’ll not only be helping yourself out should you get into a crash, but you can also receive a ticket if a cop spots you without your seatbelt on.

Eliminate Distractions

It’s in your best interest to put your phone away while you’re driving on the road to keep you and your passengers safe. Remind yourself that your text or phone call can wait until you’re safely pulled over and stopped. In addition, turn the music down, make sure your mirrors are properly aligned and try not to let other people’s talking or movements grab your attention. Being tired can also be distracting so make sure you’re well-rested before you get behind the wheel.

Maintain A Reliable Vehicle

It’s your responsibility as a driver on the road to maintain and upkeep your vehicle so that it’s safe to be operating. Be sure to go in and get your regular maintenance requirements taken care of and confirm with a mechanic that there aren’t any major issues you should be concerned about before getting back on the road. While these updates can be expensive, it’s worth it if making certain fixes will prevent you from encountering any unfortunate situations. If you do end up in an unfortunate accident, you can seek legal help as well as auto body services.

Have A Plan

Keep yourself safe on the road by having a plan in place should you become stranded or have an accident. If someone hits you then first check to see if anyone’s injured, call the police and exchange information with the other driver. Also, have a number handy for someone such as car accident lawyer Jim Bendell and get in touch with this person so they can guide you regarding next steps you should be taking. As the victim, you have rights and need to know what these are before proceeding.

Conclusion

Safety should always be top of mind when you’re driving on the road because there’s a lot happening that’s not in your control. However, pay attention to what you do have the power to change and take action to keep yourself safe on the road. Take advantage of these suggestions and you’ll be in good hands the next time you drive off to your next destination. You should also check the weather before you head out since driving while it is hailing could be dangerous and could even mean needing an auto hail damage repair.

Tips For A Better Road Trip Experience

Road trips are fun, but they also come with a lot of responsibility on your part as the driver. The good news is that it’s possible to have a better road trip experience the next time around with a little effort on your end.

What you should avoid is hitting the road and not having a good idea of where you’re going or failing to pack the right supplies. You’ll have a much more enjoyable experience overall if you’re prepared ahead of time and aren’t rushing around at the last minute. Most importantly, you want everyone to feel safe and ultimately have a smooth ride.

Have A Plan

While you don’t have to know every detail about where you’re going or what you’re doing next, you should at least have a little plan in place for what to expect. Map out the best route you want to take to avoid traffic so you can get to your destination at a decent hour. Book your hotel in advance if you’ll be staying anywhere along the way and pinpoint a few areas where you might want stop and get out to take pictures and stretch your legs.

Drive with Caution & Avoid Road Rage

It’s a wise idea to avoid having road rage at all costs and not get into it with other drivers who are acting out of character as well. Remain calm in this type of situation and try your best to distance yourself from any cars that are causing you frustration. What you don’t want to do is engage with someone who’s driving recklessly and end up in an even worse circumstance.

Be Prepared to Handle Incidents

Unfortunately, being on the road for an extended period of time puts you at a higher risk for facing an accident. Not only make sure everyone is okay if you are in a car crash but have a good lawyer’s number handy who handles auto accidents and can offer up sound advice about how to proceed in your situation. You may also want to have information on deck for someone you can call if you need immediate roadside assistance.

Make Sure You’re Well-Rested

You’ll have a better road trip experience when you’re good about getting plenty of sleep before and throughout your journey. It’s your job as the driver to make sure you’re well-rested and notify the other drivers in the car when you’re in need of a break. You may even want to think about stopping and staying overnight someplace along the way if you aren’t able to make it through the night. Roll down the windows or drink caffeine should you need a little boost as you drive.

Conclusion

The more road trips you do the easier they get, but know that there’s always room for improvement. Take advantage of these tips to help you create a better experience for yourself going forward. Relax, have fun and remember to take plenty of pictures of all the beautiful terrain you encounter.

Accidents at Work in the UK – Concerns over Rise in Workplace Fatalities Numbers

The news that 144 people lost their lives from accidents at work during 2017/18, an increase of nine over the previous year, has led to fresh calls for more to be done to ensure the safety and wellbeing of workers.

Different Industrial Sectors

The provisional figures from the Health and Safety Executive (HSE) show that the fatalities are spread across different industrial sectors, but some sectors continue to be inherently more dangerous than others for workers:

  • There were 38 fatal injuries to construction workers recorded, which is the largest share of any industry. The annual average rate over the last five years in construction is around four times as high as the all industry rate.
  • 29 fatal injuries to agricultural workers were recorded. This sector has the highest rate of fatal injury of all the main industry sectors, around 18 times as high as the all industry rate.
  • 12 fatal injuries to waste and recycling workers were recorded. Despite being a relatively small sector in terms of employment, the annual average fatal injury rate over the last five years is around 16 times as high as the all industry rate.
  • 15 fatal injuries were recorded in both the manufacturing and the transport and storage sectors. Both industries have an annual average rate of fatal injury around 1.5 – 2 times the rate across all industries over the last five years.

“Despite the fact that Britain’s health and safety record is the envy of much of the world, the increase in the number of workers fatally injured is clearly a source of concern,” commented HSE Chair Martin Temple. “Published in the same week as the 30th anniversary of the Piper Alpha disaster, the figures serve as a reminder of why health and safety is so important and that we must not become complacent as we continue on our mission to prevent all forms of injury, death and ill health at work.”

Mesothelioma Levels Remain High

One particular area of concern highlighted by the HSE figures is the number of people who continue to die as a result of exposure to asbestos.

An alarming 2,595 people lost their lives in Britain in 2016 as a result of contracting mesothelioma – a form of cancer that takes many years to develop following the inhalation of asbestos fibres, but is usually rapidly fatal once symptoms begin to manifest. It is one of the few work-related diseases where deaths can be counted directly.

HSE explains that annual deaths caused by mesothelioma have increased steeply over the last 50 years in Britain, mainly as a result of occupational asbestos exposures that occurred because of the widespread industrial use of asbestos during 1950-1980.

The long-term increase in mesothelioma deaths has apparently been driven mainly by deaths among those aged 75 and above, and the vast majority are men. The latest projections suggest there will continue to be around 2,500 deaths per year for the rest of this current decade before annual numbers begin to decline.

Every Death is a Tragedy

Safety organisations have reacted with concern to the latest HSE figures.

“Every workplace death is a tragedy for the person and their families, friends and workmates,” commented Lawrence Waterman, Chairman of the British Safety Council. “The latest rise in deaths at work reported by the HSE undermines the complacent belief that ‘we have the best safety record in the world’ and raises questions about the hollowing out of the HSE’s and local authorities’ ability to inspect workplaces.”

“The headline accident figures shouldn’t blind us to the terrible and continuing toll that poor health is wreaking, not just physical health, with deaths from asbestos alone dwarfing the accident numbers,” he added.

The Cost of not Making a Personal Injury Claim

Loss to the individual

If someone came and took £1,178.45 out of your bank account, you would do something about it. Yet following an accident that was the fault of someone else many people choose not to do anything about it.

As shown above, the cost of apathy is huge with the average level of loss to the injured individual being £1,178.45. The living example of adding ‘insult to injury’.

According to a personal injury attorney those losses may not always seem immediately apparent as they occur gradually. Following an injury you may be off work and initially receiving contractual or at least statutory sick pay which is lower than what you would normally earn. What if you have to be off for longer? What happens when even these means of income dry up?

On top of earning less income, add to that the cost of treatment that you might seek to speed up your recovery and you’re looking at an even bigger loss. Regular physiotherapy, osteopath, gym, swimming sessions can soon mount up in cost. Don’t forget to factor in the travel you have to expend in getting to and from those appointments, however, if you do need treatment, then don’t hesitate to set an appointment for physical therapy. 

All of this is money that is recoverable through a successful personal injury claim. Many people are reluctant to make a personal injury claim because of some perceived ‘compensation culture’ but all in all, you do not profit from the claim, you are simply recovering the money that you have lost.

Still not persuaded? Well there is more; not only does a successful personal injury claim recover your losses, but you are also serving to recover sums that your injury has cost your employer, the NHS and the state. Talk to a personal injury attorney for more guidance.

Loss to Business

If you are injured and absent from work, often your employer will still be paying you whilst you are absent. Yet your employer is still having to operate in your absence and may have to employ temporary staff or redeploy others to cover the work that you would usually be there to do.

A successful claim can recover those losses for your employer in addition to the sums claimed for you. Search online for injury attorney near me and get the best advice.

Loss to the State

If you are not paid by your employer during your absence, or that contractual pay comes to an end, the likelihood is that you will receive statutory sick pay. Whenever a claim for compensation is pursued, you are required to inform the party against whom you are making a claim of your national insurance number. From this the Department for Work and Pensions is notified of the claim you are making and it keeps track of the amount of state benefits that you receive during your absence.

Once again, if your claim is successful then all of the state benefits that you have received due to your being injured is repaid to the state in addition to the sums claimed for you. Take a look at https://www.hilbrich.com/crown-point-personal-injury/ articles where you can get informed on what to do on these cases.

Loss to the NHS

Finally, the NHS is a Great British institution but one that is under great financial strain. The approximate cost of walking into Accident and Emergency and being seen by a triage nurse is £105. The cost increases significantly if you require further medical treatment, scans, consultations, therapies and medication to help you back to health.

Again, these NHS charges caused by your injury are recorded, and if a claim succeeds, they are repaid to the NHS in addition to the monies claimed by you.

Conclusion

Accordingly, seeking a personal injury attorney following an accident at work, in a public place or building, or a road traffic accident is the right thing to do to put right all of the losses caused, due to the fault of another.

To not pursue a claim, results in loss to the state and to you, and a windfall to the insurance industry that has already collected premiums to cover the risk of these accidents occurring.

About Jackson Lees

Jackson Lees are an award winning law firm in Liverpool, Manchester and Wirral.

Jackson Lees has over 50 year’s experience in Personal Injury claims. We will help you get back on your feet and ensure that you are compensated for your pain and suffering, medical bills and unplanned expenses.

Our head office is based at Walker House in Liverpool. The Jackson Lees’ Solicitors Liverpool can help you explore your options. We offer a no win, no fee service and same day response.

We believe that the relationship between our solicitors and our clients is what makes the positive difference.

Setting the Personal Injury Discount Rate – New Legislation in Scotland Proposed

The setting of the personal injury discount rate has historically been a contentious issue for both the insurance and personal injury sectors because of the impact it can have the size of awards received by claimants. The subject has come to the fore again recently with the news that the Scottish Government intends to introduce legislation to govern how the rate will be set in Scotland.

The Discount Rate

The discount rate is the percentage used to adjust accident claims compensation awards for victims of serious personal injury, according to the amount they could expect to earn by investing it. Its application is an important part of the calculation of awards and it only relates to compensation for future loss.

When a claimant is awarded damages following a personal injury the adjusted awards should put claimants in the same financial position they would have been in had they not been injured – they should receive neither more nor less than full compensation.

New Personal Injury Legislation

The Scottish Government has introduced its Damages (Investment Returns and Periodical Payments) (Scotland) Bill to the Scottish Parliament, which it says will address concerns that the current process for setting the personal injury discount rate lacks transparency and has not been reviewed frequently enough. The discount rate was last reviewed in February 2017 and resulted in a substantial shift to the rate, which was reduced from 2.5% to minus 0.75%. This increased the size of awards received by claimants.

If the Bill is approved by Parliament and passes into law, it will:

  • Put in place a new methodology for calculating the discount rate which should be applied to such losses
  • Require the discount rate to be reviewed by the Government Actuary every three years
  • Give courts in Scotland the powers to impose periodical payment orders for future financial loss

A periodical payment order is an alternate way of paying damages which spreads the payments over the period which they are intended to cover – usually via an annual payment. Currently in Scotland, where damages for personal injury are payable, the courts may make a periodical payments order but only if both parties agree to this. In England and Wales the courts have the power to impose such an order.

“This legislation is part of our wider programme of civil law reform which aims to ensure the system keeps pace with modern Scotland and the needs of its people,” explained Minister for Legal Affairs Annabelle Ewing. “While the number of people affected by the discount rate is relatively small, we know that those cases tend to involve catastrophic injury with little prospect of the individual’s full recovery. That is why it is so important the law determining how the discount rate is set is clear, fair, transparent and credible.”

The UK Government also intends to legislate on the setting of the personal injury discount rate in England and Wales, and provisions to this effect are contained within its controversial Civil Liability Bill, which is currently making its way through Parliament

These provisions will:

  • set the rate with reference to ‘low risk’ rather than ‘very low risk’ investments as at present, better reflecting evidence of the actual investment habits of claimants;
  • establish a regular review of the rate, the first within 90 days of the legislation coming into force and at least every three years thereafter;
  • establish an independent expert panel Chaired by the Government Actuary to advise the Lord Chancellor on the setting of the rate.

Know Your Rights: 8 Facts About Injury Cases and Your Rights

New contribution about your rights with accident claims cases from an injury lawyer in the US. 

If you’ve been injured as a result of someone else’s negligence, you should stand up for yourself and take the offending party to court. After all, you deserve a compensation not only for your injuries, but for your pain and suffering as well – in fact, you can even have some of your other costs reimbursed such as medical bills, travel expenses, etc.

Since it’s hard to know everything about injury cases yourself (especially if you aren’t a lawyer), we’ve put together a list of 8 facts you need to keep in mind when dealing with one.

  1. It’s possible to settle outside of court

The recent statistics suggest that most injury cases are settled out of court. That way, both parties involved can save a lot of money and time. However, in some cases, settling out of court may not be in your best interest, because usually, you’re going to end up receiving less money by taking this route. It’s hard to make the judgment call and decide what is better on your own, so working with a qualified attorney will enable you to take advantage of their expertise to determine the most feasible option.

  1. An injury has more sides to it than merely the physical elements

Did you know that one can develop mental illnesses as a direct result of physical trauma? Mood disorders like depression and insomnia are likely to follow, and these are all serious medical conditions that should be treated as such. If you manage to prove this in court, you deserve some form of compensation for it as well. Of course, you’re going to require a professional opinion like the one only a psychiatrist can give in order to prove this in a court of law.

  1. A settlement is final

Once you decide to settle outside of court, the settlement is final. This means you won’t be able to seek additional legal action against the offending party. This may be common knowledge, but it’s important to emphasize it, since this should be an important part of your decision-making process and determining whether settling out of court is within your best interest or not.

  1. There are deadlines to follow

Understandably, after sustaining a tough injury, taking care of your body is the first thing that’s on your mind, and rightfully so. But if you don’t file a claim soon enough, you may not get an opportunity to seek justice ever again. These deadlines can vary based on where you’re located, so it’s best to seek a qualified guidance. Additional information about what you need to do is available at BellLaw.com, but as always, feel free to do your own research.

  1. Most personal injury lawyers work on contingency basis

That’s great news! It means you won’t have to pay your lawyer on an hourly basis, which means no upfront costs. After the case is won, your lawyer will receive a fixed percentage of the winnings, and you can agree about the details upfront. Another benefit of this is the fact that many people can’t afford to be paying a personal injury lawyer, but in this case, they won’t have to unless the victory is secured, which means there’s little to no risk involved.

  1. You don’t have to cover every single injury-related expense yourself

All the trips to the hospital and rehabilitation facilities are unavoidably going to be costing you some money. However, by gathering all the necessary evidence in the form of transportation tickets and invoices, you can have some of these costs reimbursed. In some cases, your attorney can make an agreement with your doctor that any medical expenses are to be covered once the court has awarded you a compensation or after you’ve managed to settle out of court.

  1. Is your personal injury settlement subject to taxes?

While this does depend on each specific case, the general answer is no, it is not. This means you won’t need to worry about having to pay local, state, or federal taxes. Since it’s possible to receive a compensation for lost wages, pain and suffering, medical bills, anxiety and suffering, etc., you might be wondering whether these forms of conversation are taxable as well. Again, the answer is no.

However, there is one very specific example; if you’ve received a compensation for a breach of contract, you’re going to need to apply taxes. There’s another case where your compensation is subject to tax – punitive damages which could follow as a result of suing for personal damages. Finally, you need to keep in mind that lost wages received in an employment-related scenario are taxable as well.

  1. Know when to agree on a structured settlement

When settling out of court, most of the time, you’ll be receiving a lump sum payment, which is a one-time deal. However, in certain cases, it’s more beneficial to agree on a structured settlement. Simply put, a structured settlement equates to receiving multiple payments spread out over time (in most cases, on a monthly basis).

You could even agree to have an amount settled right there and then, and the rest of the payment can come in form of smaller payments issued to you over time. This could be a couple of years or even your entire life. In case the injured party dies before receiving the total amount owed, the remainder is paid to the estate.

The reason why you should aim for a structured settlement is that you can get more money this way. Moreover, this money is tax-free. More often than not, insurance companies are very much in favor of seeing a structured settlement agreement, because it ends up costing them much less. But again, you should be working with a lawyer who will help you decide on the most suitable course of action and advise you on the best type of settlement to shoot for.

Conclusion

Did you learn anything new from these 8 facts about injury cases? This can be a tricky subject, so make sure to keep on absorbing all the knowledge you can come across. When in doubt, never proceed without consulting your personal injury attorney first.

Knowing Your Rights:  5 Facts You May Not Know About Car Accident Cases and Compensation Rights

Contribution regarding car accident compensation from a personal injury lawyer in the US. 

Human error causes over 90 percent of the car crashes in West Virginia. Typically, these crashes are not “accidents.” Rather, they involve negligence, which is a lack of ordinary care. If that is the case, substantial compensation may be available with the help of a professional auto accident lawyer.

However, the insurance company earns money by collecting premiums, not by paying damages. Therefore, a auto accident attorney can use any means necessary to reduce or deny compensation to the victims. So, to ensure fair compensation for your injuries, you need aggressive legal help for your auto crash. Only an experienced attorney knows how to navigate issues like the ones discussed below, regardless of the type of car accident you need a car accident attorney (for various types see this list from Rosengard Law Group).

The EDR

According to a car accident lawyer many people do not know that their car probably has an Event Data Recorder. The government requires these devices to be in all new cars. This device records important information like:

  • Engine acceleration or deceleration,
  • Vehicle speed, and
  • Steering angle.

According to your auto accident attorneys hard evidence from an EDR is one of the easiest ways to establish a lack of ordinary care. However, this information is not easy to access. First, due to privacy laws, an attorney may need a court order to inspect it. But before that can happen, an attorney usually sends a spoliation letter to the defendant. That way, the insurance company does not destroy the EDR when it destroys the totaled vehicle. If you unfortunately get into a car accident, then make sure you get the proper legal help for the claims you deserve so you can get that highly needed car repair.

Medical Bills

Most health insurance companies do not pay injury-related medical bills for liability reasons. As a result, many victims are faced with tens of thousands of dollars in emergency care bills alone.

A personal injury attorney helps here. With a letter of protection, a lawyer can arrange for a victim to receive medical care at no upfront cost. This letter guarantees payment to the provider when the case is resolved. So, victims get the care they need to get better, instead of the care they are able to afford at the time.

The Burden of Proof

Some people think that a negligence case is rather like a divorce case, and the victim really needs to prove nothing. Others believe that a negligence case is like a murder case, and the victim must prove fault beyond a reasonable doubt.

But neither extreme is true. The victim must establish negligence, but only by a preponderance of the evidence. That is a legal term which means “more likely than not.” So, if there is just a little more evidence favoring the plaintiff, the plaintiff normally wins the case.

Comparative Fault

Similarly, many people believe that if they were partially at fault for the crash that they cannot collect damages. For example, perhaps the victim was speeding and the tortfeasor (negligent driver) was intoxicated.

In 2015, West Virginia changed its contributory negligence law. Now, victims are eligible for a proportional share of damages as long as the tortfeasors were at least 51 percent responsible for the crashes.

A Trial

Contrary to popular belief, only a few cases go to trial. Most settle out-of-court during mediation or during informal settlement talks between the parties. Such settlements save time and eliminate the risk of a trial. So, assuming that your car accident lawyer can get favorable terms, a settlement is usually in the victim’s best interests.

If you were hurt in a crash, get a good lawyer today.