Category Archives: Personal Injury

Questions About Settlements

Personal Injury Settlements

There are a few factors that you need to think about that will play a part on your settlement after a personal injury case. Some of these factors could last for months or years.

One of the common questions that people have is how long it will take to settle the case.
The case will be settled when the attorney and other parties know of the evidence involved in the case. Additional compensation will not be awarded if your conditions worsens or there are more medical bills. The insurance company will try to delay as long as possible in order to pay the minimal amount.

If it’s not clear who was at fault, then the attorney might advise you to go ahead and take a smaller amount as it could be hard to prove that the other person caused the incident. If you are proven to be partially at fault, then the settlement amount could be lower. Some jurisdictions won’t award any compensation at all if you had any fault in the case.

You also want to think about whether you should settle outside of court or during the trial. It might be faster to settle out of court, but you might not get as much money.

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Pre Settlement Considerations

Pre Settlement Considerations on Personal Injury

When thinking of pre settlement considerations be sure to look at all sources of insurance coverage. Your personal injury lawyer will check for all sources of funds that you can recover. This is very important if an insurance policy has a low limit for car accident damages.
The lawyer will look for additional funding sources in the following situations:
1. You are hit by a teenager that has $25,000 of liability coverage. You lost a leg and will need more money. While their insurance may cover the $25,000 your lawyer will look for more sources for coverage.
Before accepting the policy limit you lawyer will check with the following sources to recover money:
• Who owns the car? They may be liable for the actions of neglect from the teenager.
• Is the teenager a college student? Are they covered by their parents or supported by them?
• Are the parents divorced? How much time do they spend with each parent?
• Are there siblings that are in school? If they live with an older sibling they may be under their policy.
• Does your under insurance cover anything?
• Was the teenager intoxicated? If so the person who gave them alcohol may have some liability

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What to Expect at a Slip and Fall Deposition

Slip and Fall Deposition

When any lawsuit is filed, both parties in the suit must be part of the legal process known as “discovery.” During discovery, each party asks questions in an attempt to determine what the other side knows, or claims, about the incident that lead up to the lawsuit. This process plays out in the form of an interview, except the answer to every question is carefully recorded. The person who is answering the questions must answer truthfully or face the penalty of perjury.

Questions that Might Be Asked During a Slip and Fall Deposition

1. Do you have a history that is relevant to the fall?

  • Any form of epilepsy?
  • High or low blood pressure?
  • Are you diabetic?
  • Any heart problems?
  • Any numbness of the face, arm or legs?
  • Any percentage of clogged arteries?
  • History of TIA or transient stroke?
  • History of dizziness?
  • Hearing difficulties?

Do you have any medical history that affects:
– your legs?
– your feet?
– your vision?

  • Do you have the same vision in both eyes?
  • Are you supposed to wear glasses? What prescription?
  • When was your last eye exam?
  • What doctor has the history of your vision?
  • Do you have restrictions on your drivers license that requires you to wear glasses?

– Do you have any history of deficiencies with your other senses?
– What medications did you take the week of your fall?
– What medications do you take daily?
– What are the side effects of your medication?
– Your history of side effects in relation to your medication.

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case value

Case Value. Expectations, Witnesses, Venue

Your expectations:
Lawyers will attempt to temper your expectations for several reasons, but they may go the extra yard for a client that is more appreciative of the task and efforts. They temper expectations because there are multiple variables that will affect the size of the settlement. These include the quality of witnesses and medical testimony, and the level of the defendant’s negligence.

Witnesses Quality:

Expert and non-expert witnesses will greatly impact the size of the settlement. If witnesses are family only, they are not as potentially strong as supporting impartial witnesses. Additionally, doctor cooperation will also be key to the settlement amount. Witnesses are the evidence in this case, so the case is mainly as strong or weak as those witnesses.

Venue:

In some places, the verdict is simply naturally low as compared to other areas. In fact, many states have had only a handful of million dollar verdicts. However, other states may have close to five hundred settlements that exceed this value. This means that the possible settlement must be tempered as compared to other settlements in that particular area because that factor is as important as any other factor in the case.

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Slip and Fall Deposition Questions

Slip and Fall Deposition Questions & Answers

In a slip and fall case a deposition is when lawyers try to determine what the opposing party knows or claims about the incident in question. A deposition is similar to an interview where questions are asked, answered, and recorded. If a person lies they can face perjury charges.
There are some common questions a person may be asked regarding their slip and fall case. These questions include:
• information about their medical history before the accident
• if they have epilepsy
• if they have issues of high blood pressure
• if they have diabetes
• if they have any kind of heart trouble
• if they have numbness or weakness in their arms, legs, of the face
• if they have clogged arteries
• if they suffer for TIA. This is a medical condition where blood flow to the brain is interrupted for a brief period of time. This can happen without any warning
• if they have feelings of dizziness
• if they have any issues with their hearing
• if there were any medical issues with the legs
• questions about vision including glasses, contacts, ect
• When was the last time the eyes were examined and the doctor that performed this exam
• any restrictions on driving privileges
• any problems with the senses
• any and all medications being used
• any side effects from these medication

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Dog Bite Cases

Personal Injury – Dog Bite Cases

There is always a ton of controversy that surrounds dog bite cases and the fact that these types of attacks often take place very quickly and are usually very chaotic situations, it can be very difficult to figure out exactly what happened and come to a resolution. There are a bunch of things that come into factor when you are looking at this type of case, such as who, if anyone saw the attack and especially if the witnesses were neutral or not. If the witnesses to the attack are friends or family of either the victim or the dog owner, they may have a big reason to not be honest. The people who get the most sympathy in these cases are typically young children and the elderly, as they are the most defenseless, which is going to also be considered. They will look at the dogs history and try to determine whether the dog does in fact have an aggression problem, but the biggest single factor that they are going to look at in the case of a dog biting someone is the total damage that was inflicted. The greater the damage, the worse the case is for the dog and owner.

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