Car Accident - Choosing The Right Attorney

How To Choose The Right Attorney For Your Accident Case

If you've ever browsed through the "yellow pages" of your local phone book, you'll often find numerous advertisements (some times dozens of pages) for personal injury attorneys. These ads usually say the same things: "Free Consultation" "No Recovery, No Fee" "We'll Protect Your Rights!," "Aggressive Representation!" or "Need a Lawyer?" How on earth does someone who has never had to hire an attorney wade through all of these ads and find a qualified personal injury attorney, let alone someone that is good?? Finding a good personal injury attorney can be challenging, but not impossible. Here are some guidelines, which if followed, should make your search easier and also relieve some anxiety.



*Choose an attorney who specializes in personal injury. There are many attorneys who represent personal injury clients in addition to other practice areas, such as divorce, criminal defense or real estate. You should pick an attorney whose practice is devoted 100% to personal injury law. The field of personal injury is too complicated for a "generalist" or "part-time" lawyer to master. If you needed surgery on your shoulder, would you rather see a "general" surgeon who performs surgery on many different areas of the body, or a surgeon who only does "shoulder surgery?" Most people would choose the specialist. Don't take chances with your personal injury claim by hiring a "generalist."



*Choose an attorney who demonstrates expertise in the field of personal injury law. There are too many different types of the law for any one attorney to claim specialty in multiple areas. No one can do everything well. Most people want to see a specialist. The same is true for lawyers. The field of personal injury law is complex with subtle nuances that could mean the difference between recovering a few hundred dollars versus several thousands of dollars. The attorney you choose should limit his or her practice exclusively to personal injury law. Does the attorney write about personal injury? Has the lawyer lectured or taught other lawyers about personal injury law? If yes, these are good signs that the lawyer is a personal injury specialist.



*Choose an attorney who understands the medicine involved in your case. This is a no-brainer, right? But you would be very surprised at how many attorneys who claim specialty in personal injury have little understanding of the medicine and treatment involved with the client's injury. For example, take a case involving neck and back injuries. These types of injuries can be difficult to prove in court because spine medicine is extremely complex and the diagnostic imaging may show very little or nothing at all. Yet, this area of medicine has also undergone enormous strides and advances just in the last ten years. There are now new diagnoses in the area of spine medicine that literally did not exist a few years ago, not to mention new treatments and minimally invasive procedures that have been created due to advancements in technology. If you have a neck or back injury claim, you obviously want an attorney who understands spine medicine so proper treatment and diagnoses can easily be pursued or presented to the insurance company in negotiations, or made part of a persuasive presentation to a jury on your behalf. You would be surprised at how few personal injury attorneys really understand this area of medicine yet neck and back injury claims make up the bulk of accident cases that exist in Washington.



*Choose an attorney who actually goes to trial. I know, I know. If you're like most people who have a claim for injuries, you'd rather not have to go to trial. So why pick an attorney who actually does regularly try injury cases? To understand why this is such an extremely important factor when choosing an attorney you have to understand the business of insurance and why claims are settled. Essentially, the insurance company is in the business of "risk." That is, it accepts your money with the promise that it will pay you money if you encounter certain risks of harm or damage. The risks are usually low, which is why the insurance company can earn enormous profits. When it comes to paying a claim, the company only pays a "settlement" if there is a "risk" that the company may have to pay more if the person files a lawsuit and goes to trial. Attorneys who regularly go to trial increase the insurance company's "risk" that it might have to pay much more money if the jury awards more than the last settlement offer. Insurance companies regularly keep lists of the personal injury attorneys who do go to trial. These are the attorneys who can command premium settlement offers compared to attorneys who do not go to trial. Simply put, the insurance company will pay more money to settle a case if there's a greater chance that the attorney will try the case in court. That is why having an attorney who has a reputation of going to trial can actually increase your chances of avoiding trial.



*Choose an attorney who wins at trial. This goes without saying. An attorney who gets results at trial is the insurance company's worst nightmare. The carrier will pay much more money to settle a case if the injured person's attorney has a track record of winning at trial than if the attorney does not. Choose an attorney that knows how to win.



*Beware of attorneys who actively solicit you. You should be cautious of attorneys who contact you in writing just after you or a loved one has been injured, maimed or killed in an accident. Most state bar associations have rules against attorney solicitation, or at least have very stringent limitations on this sort of activity. I have no respect for attorneys who feel the need to cross the line by actively soliciting clients right after the accident. If an attorney engages in this sort of unethical behavior it may give some indication how that attorney might perform in your case.



*Be cautious of attorneys who advertise on T.V. or take out big flashy ads in yellow pages or other publications. Did you know that many of the T.V. and yellow page ads for lawyers are paid for by attorneys who have never actually tried a personal injury case in court? In fact, some of these advertisements are created by law firms that have a "policy" of always settling their cases without ever filing a lawsuit! If you were an insurance adjustor who knew that a particular attorney or law firm always settled short of trial, would you ever increase your offer for fear that a jury might award more?



*Understand bar association referral lists. Many local bar associations operate a "referral list" where consumers can get the name of an attorney. Just understand that the lawyer has signed up and paid a fee to be included on the referral list. Some but not all of these referral lists don't bother to check or verify the attorney's experience with the type of case that is being referred.



*The likeable lawyer is not enough. There are many people who choose to hire an attorney based solely on whether the attorney is likeable. I know of some very personable and likeable lawyers who claim to do personal injury law, but whom I would never recommend based on their limited experience and expertise. Would you let a likeable surgeon operate on your body if you knew the doctor rarely made it to the operating room? It is important that you like your attorney, or at least respect him or her, but it should not provide the only basis for your hiring decision.



*Choose an attorney who you feel comfortable with. You should feel comfortable with the lawyer and his or her ability to communicate with you. Does the attorney seem credible and trustworthy? Does the attorney explain everything to your satisfaction, or does he explain why an answer to a particular question can't be given at that time? You should feel comfortable with the lawyer. You should also understand how the two of you will be working together on your case.

---

www.InjuryTrialLawyer.com www.WashingtonAccidentBook.com

What Is Fair Compensation for Personal Injury Claim?

What Determines “fair Compensation” for My Personal Injury Claim?

Author: Justin Demerath

Many people, in our experience, simply want fair payment for their injuries from a car accident. They don’t intend to get rich or acquire something for nothing. However, what is the definition of “fair compensation?”





A standard doesn’t exist for calculating the amount of compensation you can collect. Many different factors are taken into account, whether by your attorney and the insurance carrier in talks or by trial, in determining the right level of payment. These factors include severity of the accident, how severe the injuries are, impact of the injuries on the victim’s employment and day-to-day life, and extent of medical care, just to name a few. Aggravating factors including drunk driving can both speed up payment and affect the settlement amount.





Fair compensation certainly involves more than just reimbursement for your costs of medical treatment. Under Texas law, a personal injury victim may collect payment for—





• Costs of medical treatment already incurred,





• Medical expenses to be incurred in the future,





• Lost salary,





• Loss of earning capacity,





• Physical pain,





• Mental or emotional suffering,





• Physical impairment,





• Property damage, and





• Other losses.





In some cases, the injured person’s family members may be entitled to payment, depending on how severe the injuries are and their reliance on the injured person.





You are entitled to payment for medical bills even if those bills already have been paid by your health insurance coverage. This also holds true for lost wages, even if you take sick days or receive worker’s compensation benefits.





This, however, is not a windfall or double recovery. First, under a principle called as “subrogation” your health insurance coverage (based on the plan documents) and your company’s workers’ compensation carrier (under Texas law) may be entitled to reimbursement from your recovery for what they pay out. Therefore, in order to be adequately compensated you need maximum payment from car insurance just in case your health insurer or workers’ comp carrier makes a subrogation claim against your recovery.





Second, if the at-fault driver’s insurance carrier limits your injury compensation simply because you have paid for health coverage, or paid increased car insurance premiums for “PIP” coverage (Personal Injury Protection), or have attained sick leave or paid vacation, the adverse insurance carrier is taking unfair advantage of the fact that you are a responsible individual and hard worker. If your sick days are completely spent because of harm incurrend from the car accident, that time will not be usable for other types of health problems. If you sacrifice to obtain extra coverage, the at-fault driver’s insurer should not take advantage of you.





In the end, you obtain a greater amount of payment with good legal representation than you would by going it alone. In fact, we believe that in the end you keep more dollars with a personal injury lawyer, even after attorney fees and expenses are deducted, than you normally could get on your own without an attorney. Until you retain a trial attorney, the insurance carrier is unlikely to provide fair compensation because the insurer knows that you won’t be ready to take your case to trial.

Article Source: http://www.articlesbase.com/national,-state,-local-articles/what-determines-fair-compensation-for-my-personal-injury-claim-219671.html

About the Author:

Justin Demerath, a personal injury lawyer in Austin, Texas, has dedicated his law practice to helping people who have suffered damages at the hands of others, in the state of Texas, recover monetary compensation. For more information, please visit: http://www.txinjurylawfirm.com/PracticeAreas/Car-Accidents.asp

Competent Personal Injury Attorney?

Are You Sure Your Personal Injury Attorney is Competent?
By Carla C. Ballatan

It is one thing to hire a personal injury attorney, and another thing to hire a “competent” one.

Since personal injury is one of the leading legal subjects in America nowadays, thousands of personal injury attorneys claim to be “competent”, “experienced” and “expert.” So the question is, who among the overwhelming thousands offering their services, can you trust?

It is important that you find a competent attorney because he or she will be your anchor to attaining just compensations. Once you are involved in an accident that is not in any way, your fault and sustained injuries with devastating effects in your emotional, psychological and financial status, you just have to hire a personal injury who knows how to go about winning your case.

You would not be caught dead taking a chance with an attorney who does not have a clue on how to go about your case, would you?

Every lawyer has a specialized knowledge on the area he or she handles. Even a brilliant criminal attorney would not know how to handle a personal injury case, competently. It is also a fact that not every personal injury attorney out there is better than average.

Nevertheless, do not lose faith in finding a good one, because there are really some who are committed to serving justice for those who deserve it. All you have to do is find them.

However, you would not have to be the last one to have few clues on how to find the truly competent personal injury attorney.

Here are some tips in finding the right one:

- Find a valid database on the Web to help you choose a lawyer who’s handling cases related to your legal concern. Stay away from databases that are just an advertising outlet and has an award of Most Competent for those who bought the largest advertising space or package.

- A good lawyer friend of yours might know a good personal injury attorney. Good lawyers befriend only good lawyers. They also have the habit of referring the one’s who are best in the business and not just anyone they know.

- Check out your local bar association. They usually have general information regarding lawyers not authorized by courts due to malpractice. If you already found someone, then you can ask for references about him or her.

If not yet, then they can help you find someone along with their track record, already. They usually shortlists some recommended attorneys.

Once you find a lawyer who has pretty much met your standards, you have the right to ask for his or her references. Take down notes about what he or she tells you, especially their name and their track record. You have to make sure you can call the reference persons they gave you and hear them confirm what has been told to you.

The final determining factor in hiring an attorney who is competent enough is during the interview process. You have to ask about modes of payment. The interview is your chance to get them to talk about their track record and the length of their service.

It is also the determining factor if you would feel comfortable enough talking to them. If you feel uncomfortable or nervous talking with the individual, then it is best to reconsider your options.

There are a considerable number of truly competent personal injury attorneys. Just be patient to locate at least one. Do not settle for less.

Our Los Angeles Personal Injury Attorneys specialize in handling cases such as wrongful death and other personal injury cases.

Article Source: http://EzineArticles.com/?expert=Carla_C._Ballatan
http://EzineArticles.com/?Are-You-Sure-Your-Personal-Injury-Attorney-is-Competent?&id=657090

When You Should Consider A Medical Malpractice Lawsuit

When You Should Consider a Medical Malpractice Suit
By Jon Arnold

Every year there are countless numbers of people that are filing medical malpractice lawsuits due to misdiagnosis, negligence, medical errors, delayed diagnosis and surgery errors, and many other things that were needless delays or errors that resulted in the injury or even death of a patient.

No doctor can assure you that the outcome of every surgery will be ok. There are always risks involved when taking medical treatments. People react differently to different medications and different procedures. Doctors make decisions based on the best evidence they can see at the time, and sometimes those decisions need to be made quickly or without a complete picture.

Nevertheless, due to the mistakes of doctors and other medical personnel, many people have suffered needlessly and some have even died. The hardship of the grieving family that is left behind and the loss of life of a person that still could be enjoying life and contributing to others is often overlooked.

If a person remains permanently disabled due to such mistakes, the hardship both of the family and the surviving person is great and often a medical lawsuit should be filed in order to keep up with expenses and to help with the damage that a person is experiencing for the rest of his or her life. This is a primary reason for malpractice lawsuits – the financial expense that the family or care-givers will need to provide for the patient due to the error, which many times will not be covered by standard health insurance.

Most people may think that medical malpractice lawsuits are made because of mistakes by surgeons. While it is true that surgeons have made some terrible mistakes, the majority of lawsuits filed actually stems from mistakes from wrong or delayed diagnosis, which can reflect poorly on various departments within the hospital, such as the readings of a radiologist or the attending nurse or others. When the doctor or surgeon is given wrong information, mistakes can and will happen, sometimes with disastrous results.

At the top of the list are colon caner, lung cancer, breast cancer rectal cancer and other various forms of cancer as well as heart attacks. A misdiagnosis in any of these diseases can be life threatening and very dangerous, and often results in very unfortunate circumstances.

A recent study released by the National Academy of Sciences Institute of Medicine says that up to 98,000 people are killed yearly due to medical errors in hospitals. The number of inflicted injuries and long-term unfortunate and unnecessary pain is much higher. There are also an increasing number of cases of negligence in nursing homes.

Yet some studies have shown that only a small number of people (between 2% - 5%) that have experienced wrongful injuries file medical malpractice lawsuits. The common misperception that many people have is that the doctor is human and therefore allowed to make mistakes. While that is true to an extent, it is the job of the medical malpractice lawsuit to determine why the error occurred and could it have been prevented, since when human life is involved, the allowance for errors is much less tolerant. It certainly has a much greater impact than making an error when balancing your checkbook.

Sometimes patients may go for a settlement instead of a medical malpractice lawsuit. When it is obvious that a doctor or any other medical staff has made a mistake that could have been avoided, you want to talk to a professional lawyer who is experienced in medical malpractice lawsuits. It is only fair for the injured person that has now needlessly to suffer to get some financial help.

Pain and suffering damages make up about 50% of all the money that is awarded in medical malpractice lawsuits.

If you think your family has been a victim of medical errors, misdiagnosis or surgical errors you want to seek some help and financial relief for physical and emotional damages that cannot be undone. A lawyer who is experienced in the area of medical malpractice should be able to tell you about your chances of winning the lawsuit based on the circumstances, and also based on the malpractice laws in your state.

To get more insights and more information about Medical Malpractice please visit our web site at http://www.malpracticeinfonow.com

Article Source: http://EzineArticles.com/?expert=Jon_Arnold
http://EzineArticles.com/?When-You-Should-Consider-a-Medical-Malpractice-Suit&id=636565

A Guide To Selecting An Attorney

Guide to Selecting an Attorney
By Timothy Titolo

INTRODUCTION

There are many people with traumatic brain injury who never receive adequate compensation for their injuries. This happens because many lawyers simply do not have the education or experience to analyze, prepare, understand or present a case involving traumatic brain injury. In today’s legal climate attorneys who do "personal injury" are not all equally competent to handle traumatic brain injury cases. Just as a person with traumatic brain injury needs special medical care, so too they need special legal representation. In Nevada, and throughout the United States, and because of contingency fee agreements, every person can afford to hire the most qualified lawyer to handle their case. It is easy to assume that a "big firm" is most qualified to handle "any case." However, this is simply not so. The trend of firms handling Plaintiff’s cases is to network with specific attorneys in the particular field. For instance there are a number of attorneys nationwide who are known for their handling of traumatic brain injury cases. Consumers need to know if attorneys in their jurisdiction are members of such special expertise groups. The purpose of this article to assist and guide people with traumatic brain injury, and their families, to select and retain the most qualified attorney for these types of cases.

CONTINGENCY FEE AGREEMENTS

In most states, including Nevada, persons with injury have the ability to hire an attorney by using a contingency fee agreement. This is a situation where the attorney agrees to be paid out of the amount recovered. In the meantime, the attorney customarily advances the case costs and receives reimbursement, also, from the amount recovered. This empowers anyone to retain the most qualified lawyer since lawyers from both ends of the spectrum enter into the same contingency agreements with consumers. This, unfortunately, is where many consumers of legal services are lead astray. Injured persons in our society have the ability to hire the most qualified attorneys and need not settle for or accept unqualified, inexperienced or incapable attorneys for their injury cases. This is especially true in cases of traumatic brain injury. A lawyer should have significant experience with and knowledge of the injury.

What to ask the lawyer before you decide

What most people are good at and familiar with is buying stereo systems, VCRs, cars and similar goods. However when deciding on services, like legal services, many consumers lack the information necessary to make the best decision. After all isn’t that why they hire accountants and doctors and plumbers - because they do not know what these professionals know? And so it is with legal services. It is hoped that this article and attached checklist will make it easier for people to make this most important decision. As consumer, you have the absolute right, in the initial interview, to ask the attorney various questions about his or her background and work in the area of closed head injury. Remember, the lawyer is applying for the position of representing you in your case. Do not be afraid to ask questions. The results of your lawsuit will likely have a very long term and life long impact. Therefore the more qualified your attorney the better the result is likely to be. Please take the information in this article with you to the initial interview with the attorney and use it in questioning the attorney about education, experience and competence in handling cases similar to yours. At the end of the interview, ask the attorney to sign it acknowledging that the answers are true and accurate. The following questions are suggested:

1. How many cases have you been involved with over the past three years?

2. What percentage of your practice of law is devoted to handling cases and injuries similar to mine?

3. What were the results in terms of settlements or verdicts of the last 5 cases you handled that were similar to mine?

4. What associations do you participate in that deal with injuries like mine?

5. List three textbooks that you own and refer to when discussing injuries similar to mine?

6. Show me a text you have read regarding my injury within the last 6 months.

7. Name the seminars dealing with my injury you have attended in the last two years.

8. How many articles have you written over the past three years that deal with any aspect of injury similar to mine?

9. Would your law firm be able and willing to spend in advance as much as $50,000 in the investigation, preparation, and presentation of my case, if necessary?

10. How do you plan to prepare and present my case and what experts do you plan to use?

Fundamental Knowledge

An attorney who you are considering must know, at an absolute minimum, that doctors and neuropsychologists involved in clinical practice, diagnosis and treatment of persons with traumatic brain injury agree that a person can have a serious, permanent and disabling injury even though: 1. A person typically does not perceive a head injury for weeks and months after the trauma. 2. Loss of consciousness is not necessary to have an altered state of consciousness or brain injury. 3. Persons may appear "ok" at the accident scene and even be exchanging insurance information. 4. Injury to the brain does not necessarily accompany broken bone or open wounds. 5. Normal skull x-ray, CT scan, MRI, EEG and other tests are expected. 6. Persons with traumatic brain injury are often misdiagnosed by general practitioners and other doctors. 7. There are reports of vision and hearing problems despite normal eye and ear exams. 8. They continue with their employment or school. 9. Problems may be described as depression or faking (which is caused by the brain damage not the other way around).

CONCLUSION

All too often people assume that the "family lawyer," whether the one who formed the family corporation or one who a friend referred who handled their "car accident," is appropriate to handle a brain injury case. After all isn’t any lawyer capable of handling all injury cases? Certainly not! That is akin to assuming all heart surgeons are equally qualified as back surgeons to fuse a disc. Traumatic Brain Injury litigation requires not only extensive experience but devotion to the study of brain injury as a distinct topic. Further, consumers deserve dignity and respect and need an attorney who understands the losses they experience every day.

Timothy R. Titolo is a Personal Injury Trial lawyer in Nevada. He represents people and families who have been severely affected by brain injury since 1992. His practice is largely devoted to these cases. He can be contacted at Titolo Law Office 10100 West Charleston Blvd. Suite 100 Las Vegas, NV 89135. Tel. 702.869.5100 Fax 702.869.5111 Visit his website at http://www.TitoloLawOffice.com or Email: info@TitoloLawOffice.com

Timothy R. Titolo is Las Vegas and Nevada’s experienced trial attorney. Mr. Titolo handles all types of personal injury cases, including catastrophic and serious injuries and wrongful death. He has particular expertise in traumatic brain injury (TBI), spinal cord injury and nerve damage cases.

Titolo Law Office has earned a reputation for achieving significant results. Through his successes, as well as by writing articles and giving presentations to attorneys and medical professionals around the country, Mr. Titolo has garnered the respect of colleagues.

Article Source: http://EzineArticles.com/?expert=Timothy_Titolo
http://EzineArticles.com/?Guide-to-Selecting-an-Attorney&id=631251