Personal Injury Resource

Can I Sue for Lost Wages in My Personal Injury Case?

2010-05-01T10:00:00.001-07:00

When you file a personal injury lawsuit against someone, you may likely be asking for a certain amount of money owed to you due to the injury you have received. If you win, you will be entitled to an award of money damages. At the outset of the case, you may tell the defendant how much you seek, or you may decide not to set a specific amount up front, and instead claim unspecified amount of damages.

You will likely claim your actual costs that resulted from your injuries. These costs may include medical expenses, travel expenses, therapy costs, etc. To make sure you are compensated for all of your costs, you should be very careful to keep all receipts, bills, charges, and all other evidence of the costs attributed to your injuries.

You may also require the person who caused your personal injuries to reimburse you for your lost wages or lost earnings to date. To help your attorney figure out what your lost wages or lost earnings are, make sure to write down your detailed employment history. You will also want to discuss with your personal injury lawyer any future employment opportunities you may have missed out on due to your injury. For example, you should consider any possible promotions you may have received, but did not receive. You should also consider any salary raises that you did not receive, or salary raises that would have been higher if you did not receive your personal injury.

You may also ask to be reimbursed for time that you were unable to work due to your injury. This may include time that is not reimbursed by your employer as well as time that is reimbursed by your employer, such as sick leave time and vacation time.

If you are thinking about suing someone for a personal injury inflicted on you, make sure you speak with a qualified personal injury attorney about your case. In order to make sure you receive the most money possible, you will want to discuss all of the above issues with a knowledgeable personal injury attorney. A personal injury attorney will help you maximize your personal injury award. To speak with a personal injury lawyer near you, click on your state at the left.

What Information Should I Give to My Personal Injury Lawyer?

2010-04-25T19:13:00.001-07:00

If you have suffered injury at the hands of another, you may be considering filing a personal injury claim against that person. You are probably searching the internet, looking for a lawyer you would be interested in consulting with to discuss your potential lawsuit. Perhaps you have already set up a consultation with a lawyer, or several lawyers. You might be thinking, "What do I do now? What should I bring with me to the interview or consultation?"

While every personal injury lawyer conducts his or her initial consultation differently, most personal injury lawyers will want the same type of information from you at the first interview. Most personal injury attorneys will want the following information:

- background information about you, such as: employment history, current income, medical and claim history, marital status, dependents, etc.

- detailed description of accident: make sure you write down an account of the incident with as much detail as possible

- description of injuries: type of injury, parts of the body affected, type of pain suffered, all treatment received at the time of the incident and afterward

- description of the injuries' consequences: effect the injury had on your work, home life, social life, hobbies, etc.

- description of witnesses: name and contact information of those who saw what happened, may have seen what happened, saw how the injuries have affected your life, etc.

- description of potential defendants: name and contact information of those who were involved in the incident, even if only marginally involved

- description of all emergency personnel who responded to the scene or provided medical attention afterward

- description of your insurance company and your insurance coverage: bring a copy of your insurance policy if possible

- identify all possible police reports and/or accident reports that may have been written as a result of the incident

Where the documents above require you to write out a description, it is much better that you do that as soon as possible. As time passes, your memory will fade. Therefore, you do not want to wait to write down your description of the event that occurred.

By giving your personal injury lawyer this information at your initial consultation, you give your personal injury attorney the best chance to start working on your case as soon as possible. This information will also help your personal injury lawyer know what kind of case you have and it will give your personal injury attorney an idea at how strong or weak your case may be.

If you have been injured in a car accident or any other incident, make sure to speak with a qualified personal injury lawyer as soon as possible. Click on your state, at the left, to find a personal injury attorney near you.

When Do I Get Paid for Personal Injury?

2009-08-15T19:59:00.000-07:00

If someone else caused you an injury, you may be considering filing a personal injury lawsuit against that person. You also may be wondering when and how you will be compensated for your injuries. When you file a lawsuit, you are in essence filing a claim in court alleging that a person or company owes you money for hurting you. You can either state the amount of money that you think you are owed, or you can state that the damages are undetermined as of yet.

If you win or settle your lawsuit, you will be paid the amount decided by a judge or jury, or the amount agreed to between you and the other party. You may also discuss with the other party the manner in which they will pay you. It may be all at once in one lump sum. Or you may be paid in installment payments: monthly, bi-monthly, semi-annually, or otherwise. There are three things that will play an important role in determining how and when you are paid: 1) the amount of the money you are awarded, 2) the financial status of the defendant, and 3) the timeline in which you will need the funds--perhaps for upcoming or past surgeries, etc. If you are paid in installments, most states require the defendant to pay interest, in the amount of 10%.

If you are looking for a personal injury lawyer, make sure to find out how much experience the lawyer has in settling the manner in which you are paid. The terms and timing of the payment can be just as important, if not more important, than the amount of the award itself. Your lawyer will also need to determine if you can get money for pain that you suffered before judgment is entered.

There are a whole host of issues that we can discuss here, but the bottom line is you should find a personal injury lawyer who knows the laws of your state well enough make sure you get the most benefit out of them, and the most amount of money at the right time. A knowledgeable personal injury attorney in your area will be able to answer other questions you might have.

Can an Illegal Immigrant File a Personal Injury Lawsuit?

2009-06-22T21:33:00.000-07:00

Undocumented and illegal immigrant work in every state in United States. As an illegal immigrant, you do your grocery shopping in the United States, you drive on U.S. roads, you are work on U.S. soil, and you have rights. Yes, illegal immigrants can file personal injury claims in the United States.

If you have been wrongfully or even accidentally injured by another person, whether at work, on the street, in a parking lot, or wherever, you have a right to be reimbursed for the pain and expenses you have suffered. Illegal immigrants have a right to be compensated for their medical bills, lost wages, pain and suffering, and even future lost wages.

You should not be worried that you will be deported or accused of a crime if you file a personal injury lawsuit against a U.S. citizen. Even if the other party hires a lawyer, in most states it is unethical for a lawyer to threaten criminal or civil action based on your status. The fact that you are in the United States illegally has nothing to do with whether or not you are injured and whether or not someone else should pay for causing you harm.

If you are considering filing a personal injury lawsuit against someone, but you are nervous because of your illegal status, you should speak to a knowledgeable personal injury lawyer right away. An experienced personal injury attorney will be able to protect you and your rights in this difficult and confusing time.

Can I Sue Someone For Being Negligent in a Personal Injury Lawsuit?

2009-06-11T21:55:00.000-07:00

There are various bases for bringing a lawsuit against someone. Perhaps the most common reason is for negligence. If you have been injured by someone else's careless or negligence, you can sue that person in a personal injury lawsuit.

In order to win your personal injury lawsuit based on negligence, you must prove the multiple and necessary "elements" of your case. In fact, you must prove each element by a preponderance of the evidence. "Preponderance of the evidence" essentially means more than 50%. That is, the jury must think that the facts you present are more likely true than not.

The elements you have to prove are:
1) Duty. You must prove that the defendant owed you a duty of care. For example, we all owe each other a duty to make sure we are aware of our surrounding when driving and not crash into each other.

2) Standard of Care. You must prove what the standard of care is that the defendant should have measured up to. A simple example may be that one standard of care when driving would be to drive within your own lane. That is a standard, a rule, an expectation, by which we all are judged.

3) Breach of Duty. You must prove that the defendant breached the duty that he owed to you. You will do that by showing that the defendant failed to measure up to the standard. For example, if the defendant drove over his lane marker, then he may have breached his duty of care.

4) Causation. You must prove that the defendant's failure to satisfy his duty actually caused the harm you are claiming to have suffered. For example, if the defendant drove over his lane marker and crashed into you, then you may be able to show that the crash that he caused was the reason for all the pain and discomfort you have been suffering.

5) Damages. You must finally prove that you have actually suffered. You must show that the defendant actually owes you something--money.

To give yourself the best chance at winning your personal injury lawsuit, you should talk to an experienced personal injury lawyer as soon as possible. A knowledgeable personal injury lawyer will be able to go through various elements of your case and show you how to put them all together and build a strong case of negligence against the defendant.

Can I Sue for Intentional Infliction of Emotional Distress?

2009-06-04T21:43:00.000-07:00

If you have suffered a traumatic experience, you may be left wondering whether you can sue the person responsible for your trouble for intentional infliction of emotional distress. Perhaps you are experiencing mental anguish. Maybe you are feeling extreme fear or depression. Or perhaps you feel like you have been disrespected and disgraced more than anyone should have to endure. These are all reasons why you might consider such a lawsuit.

To prove your case, you will have to prove that the defendant caused you severe emotional distress by his extreme and outrageous conduct. Intentional infliction of emotional distress, or mental distress, is an intentional tort, which means you would have to prove that the defendant caused your distress intentionally. However, your state may also consider you to have established your case if you prove that defendant acted with reckless disregard as to whether or not you would suffer severe distress.

Most states do not require that you show that you have suffered physical symptoms of your mental distress, in order to win your case. Frequently, many people prove that they have suffered by the fact that they have been attending therapy sessions, seeing a psychiatrist or psychologist, requiring pain reliever medication, participating in other activities or treatments.

If you feel like you have unfairly suffered at the hands of another, you should speak with a personal injury lawyer. A knowledgeable and experienced personal injury attorney can discuss your unique situation with you and give you personalized legal advice in your time of great need.

Who Pays My Medical Bills After the Personal Injury Settlement?

2009-05-25T21:38:00.000-07:00

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

2009-05-17T22:02:00.000-07:00

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.

Can I Sue for Battery if I Wasn't Injured?

2009-05-05T22:01:00.000-07:00

"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.

What Proof Do I Need to Win My Personal Injury Case?

2009-04-24T21:50:00.000-07:00

There are many reasons why you might file a personal injury lawsuit against someone. One reason you may sue someone is when that individual commits an intentional tort against you. To prove that someone committed an intentional tort against you, which resulted in your personal injury, you must prove three things.

First, you must prove that the individual made a volitional act. That is to say, you must prove that the person meant to act in the way he or she acted. Second, you must prove that the individual intended the consequences of his or her act or that the individual should have known what the consequences of his or her act would be. Third, you must prove that the individual's action caused your injury. Fourth, you of course must also prove that you were injured.

There are various types of intentional torts for which you may have a valid personal injury claim. Some of them are: battery, assault, false imprisonment, and intentional infliction of emotional distress. For each intentional tort, in order to win, you must prove that there was an act, intent, causation, and injury. However, for each tort, the type of intent, act, and injury will differ. This means the type of evidence you will need to prove your cause will also differ.

If you feel like you have suffered personal injury at the hand of another and you are considering bringing a personal injury lawsuit, you should discuss your situation with an experienced and knowledgeable personal injury lawyer as soon as possible. A good personal injury attorney will be able to tell you what proof you need to win your personal injury case. To find a personal injury law firm, click on your state on the left side of your screen.

Can I File a Personal Injury Lawsuit After an Accident?

2009-04-21T22:50:00.000-07:00

There are all kinds of personal injury lawsuits, and there are all sorts of reasons for filing a personal injury claim. At the very basic level, a personal injury case is a tort action. A tort is a wrong that has been inflicted on an individual.

Someone may have committed a tort against you either intentionally or accidentally. You can still file a personal injury lawsuit against someone even when they hurt you by accident, as opposed to on purpose. What's more, many intentional torts are also crimes. While the purpose of a tort lawsuit is to give you the opportunity to recover for any harm caused to you, the purpose of filing a criminal action against the wrongdoer is to impose on him a punishment in addition to compensating you for your losses.

Whether someone injured you by accident or on purpose may determine the types and amounts of damages (compensation) that you can receive. That is why it is important that if you are considering filing a personal injury lawsuit against someone, you should first speak with an experienced and knowledgeable personal injury lawyer. A personal injury attorney will be able to tell you what options you have in your given situation. To find an experienced personal injury law firm, click on your state listed at the left of your screen.

Can I Sue for Personal Injury If an Illegal Immigrant Caused the Accident

2009-04-16T22:26:00.000-07:00

After you're involved in a car accident or truck accident you have many thoughts going through your mind. How do you handle the insurance company? What do you do about your vehicle? What if the other driver didn't have insurance?

What about this question: Can I still sue for personal injury if the driver who crashed in to me was an illegal alien? That is a possibility. Another thing that needs to be looked at is whether or not the other driver was driving as an employee for a company.

If a trucker ran into you, there are even more issues that you have to look into. The trucking industry is highly regulated. They have to follow very specific rules about how long a driver may be on the road at one time, how much insurance they carry, what types of deliveries they can make, etc. To read an example of such a situation in Delaware, click here.

If you are in this situation, it would be wise for you to speak with a personal injury lawyer who knows the specific laws and regulations of the trucking industry. Only a personal injury lawyer who knows those laws will be able to give you the best advice. To find an experienced and knowledgeable personal injury attorney, click on your state listed on the left side of your screen.

Can I Sue Someone for Drunk Driving?

2009-04-12T21:47:00.000-07:00

There are way too many victims of drunk drivers. There are way too many drunk drivers. There are way too many teenagers that drink and drive. There are way too many parents who allow their kids to have parties where beer is present, and then allow the kids to get in their cars afterward.

The families of two girls who were killed by a drunk driver are now filing wrongful death lawsuits against the parents of the teen drunk driver. Make sure you read that right. The families are not suing the teen drunk driver, but the parents of the drunk driver. This is because the parents threw a party where teens were drinking. This is a crime. Two girls lost their lives because of it. Read the full story here. While a wrongful death lawsuit will not bring back the two young girls, that is the only way justice can be achieved in our court system.

One important factor to note here is: How did the families of the two girls who passed away know that they could sue the teenager's parents? It must have been because these families hired a personal injury attorney. The families and their attorney must have done some investigation to find out exactly what the teenage drunk driver was up to that night, where he obtained the alcohol, and who provided him with the alcohol. It was very likely this work up front, that gave these families the opportunity to fight for justice.

This recent, real-life example shows how important it can be to hire the right personal injury lawyer--one who knows the right legal strategies that will help you win your case. To find an experienced and knowledgeable personal injury attorney that works in your state, look to the list of states to your left.

Wyoming Personal Injury Lawyers

2009-04-09T22:38:00.002-07:00

Wisconsin Personal Injury Lawyers

2009-04-09T22:38:00.001-07:00

West Virginia Personal Injury Lawyers

2009-04-09T22:37:00.000-07:00

Washington Personal Injury Lawyers

2009-04-09T22:36:00.004-07:00

Virginia Personal Injury Lawyers

2009-04-09T22:36:00.003-07:00

Vermont Personal Injury Lawyers

2009-04-09T22:36:00.001-07:00

Utah Personal Injury Lawyers

2009-04-09T22:35:00.000-07:00

Texas Personal Injury Lawyers

2009-04-09T22:34:00.002-07:00

Contact us to receive a phone call from a law firm in your area.

Amarillo

Arlington

Austin

Dallas

Fort Worth

Houston

Lubbock

San Antonio

Tennessee Personal Injury Lawyers

2009-04-09T22:34:00.001-07:00

South Dakota Personal Injury Lawyers

2009-04-09T22:33:00.002-07:00

South Carolina Personal Injury Lawyers

2009-04-09T22:33:00.001-07:00

Rhode Island Personal Injury Lawyers

2009-04-09T22:32:00.000-07:00