If you have filed a personal injury lawsuit against a defendant, your goal at the end of the case is typically to receive money. You want sufficient money to pay for your medical bills, unearned salary, attorney fees, etc.
To obtain the money, you will end up in negotiations with the defendant, or more commonly the defendant's insurer, to discuss how much money you are owed. The amount you get will largely depend on how much your medical bills are. One of the difficulties with personal injury claims is that sometimes the extend of your injury is not known until some time passes. For this reason, defendants are interested in reaching a quick settlement. On the other hand, personal injury victims are frequently content to draw out the settlement negotiations for a while.
The concern on the part of the victim is that medical bills will arise that were not contemplated before. Let's say you think $30,000 is a fair settlement, and then 3 months later the doctors find other complications caused by the personal injury. If the cost of your new treatment and medical care goes beyond the $30,000, you are out of luck. You will stay have to pay the medical bills, and it will come out of your pocket. In other words, when you reach a settlement, you are guessing that the $30,000 will be the total amount you will need, including coverage for all medical costs. If unanticipated medical bills arise, then the defendant got lucky, and you had a poor settlement agreement.
To try to make sure this does not happen to you, any time you are considering filing a personal injury claim, you should always make sure to speak with an experienced personal injury lawyer first. A knowledgeable personal injury attorney can help you use the best legal strategies to make sure your rights are protected the fullest extent.
You Can Be Sued for Scaring Someone to Death
The word "assault" is frequently misunderstood. Many people believe that an assault is the same thing as a battery. However, they are different. An assault is an attempted battery.
An assault occurs when someone acts in such a way as to make someone else fearful of being physically harmed. On the other hand, a simple empty threat is not enough. To be an assault, the wrongdoer must actually be able to carry out the harm. By way of example, let's say a guy named Dan tells Victor he is going to throw a hammer at him, but Dan is not holding a hammer. This is not assault. However, if Dan is holding a hammer and moves his arm in throwing motion, then that may be an assault. If Dan is standing 5 feet away from Victor, we're even closer to an assault. If Dan is 500 feet away from Victor, then of course that's probably not an assault.
If you think you may have been the victim of an assault, you should speak with an experienced personal injury lawyer right away. A knowledgeable personal injury attorney will be able to give you an idea as to whether or not you have a claim against your wrongdoer. To find a PI lawyer, click on your state on the left side of your screen.
An assault occurs when someone acts in such a way as to make someone else fearful of being physically harmed. On the other hand, a simple empty threat is not enough. To be an assault, the wrongdoer must actually be able to carry out the harm. By way of example, let's say a guy named Dan tells Victor he is going to throw a hammer at him, but Dan is not holding a hammer. This is not assault. However, if Dan is holding a hammer and moves his arm in throwing motion, then that may be an assault. If Dan is standing 5 feet away from Victor, we're even closer to an assault. If Dan is 500 feet away from Victor, then of course that's probably not an assault.
If you think you may have been the victim of an assault, you should speak with an experienced personal injury lawyer right away. A knowledgeable personal injury attorney will be able to give you an idea as to whether or not you have a claim against your wrongdoer. To find a PI lawyer, click on your state on the left side of your screen.
Can I Sue for Battery if I Wasn't Injured?
"Battery" is a term most people do not completely understand. Battery is the "intentional unprivileged and unwanted touching of another person." There are different types of battery. One type of battery is where someone beats you up, gives you a black eye, breaks your arm, etc.--in other words, where there is obvious physical injury inflicted on the victim.
But battery is not limited to instances of physical injury. For example, if someone pats your on your cheek in a rude way (think of the mafia bosses in the movies--they're always doing that) but without causing any bruising, redness or any harm at all, that can still be a battery.
A person need not even touch you to commit a battery against you. If someone simply touches something you're wearing or holding in an offensive or rude way can also be a battery. For example, did you ever see a kid get pantsed, or were you ever pantsed yourself? That could very easily be a battery, especially in this situation, where the pantsing was embrassing and done in public.
If you feel you have been the victim of a battery, make sure you speak with an experienced and knowledgeable personal injury lawyer who can tell you what your rights are and what options you have to right the wrong. Click on your state on the left to find a qualified personal injury attorney in your area.
But battery is not limited to instances of physical injury. For example, if someone pats your on your cheek in a rude way (think of the mafia bosses in the movies--they're always doing that) but without causing any bruising, redness or any harm at all, that can still be a battery.
A person need not even touch you to commit a battery against you. If someone simply touches something you're wearing or holding in an offensive or rude way can also be a battery. For example, did you ever see a kid get pantsed, or were you ever pantsed yourself? That could very easily be a battery, especially in this situation, where the pantsing was embrassing and done in public.
If you feel you have been the victim of a battery, make sure you speak with an experienced and knowledgeable personal injury lawyer who can tell you what your rights are and what options you have to right the wrong. Click on your state on the left to find a qualified personal injury attorney in your area.
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