William Schneikart Law

Possible Damages in Personal Injury Lawsuit

2012-02-29T17:22:00.000-05:00

Accidents canresult in significant personal injuries that create many expenses for thevictim and can cause extreme financial hardships for the victim and thevictim’s family. It seems unfair that a victim should have to suffer thephysical and financial consequences of an accident for which the victim was notat fault. Therefore, the law allows personal injury victims to bring lawsuitsagainst the person(s) responsible for their injuries. All United States jurisdictionsallow plaintiffs who bring successful cases in state court to recover damages.While each jurisdiction may differ on the dollar amount of damages provided inindividual cases, there are some common types of damages that are allowed inmost jurisdictions.

Personal injurydamages are intended to put a personal injury victim back in the position thathe or she would have been had the accident not occurred. While a lawsuit cannoterase the physical pain and emotional suffering of an injured victim, or hissurvivors, a lawsuit can provide relief from the financial suffering that thevictim and his family incur as a result of the accident. Specifically, damagesmay include:

· Compensation forMedical Expenses: this may include past, current andfuture medical expenses and rehabilitation costs that are related to yourinjuries. You may submit evidence of bills already received and doctor andtherapist estimates of your future medical needs;

· Compensation forActual Expenses Incurred as a Result of the Accident: your injuries may leave you unable to care for your minor children,unable to care for an elderly relative, unable to clean your home, unable tocook your meals or unable to run your own errands. It can be very expensive tohire people to take over these responsibilities for you and you may be entitledto compensation for these expenses if you are successful in a personal injurylawsuit. Similarly, if the personal injury victim dies as a result of theinjuries sustained in an accident then his family may be entitled tocompensation for his funeral costs;

· Compensation forLost Income: If your injuries leave you unable towork, unable to work as many hours as you did prior to the accident, or unableto remain in the same job that you had before the accident then you may beentitled to lost income that you are now unable to earn because of yourinjuries. You may also be entitled to compensation for lost income if a familymember whom you relied upon for income (such as your spouse or parent) died asa result of personal injuries from an accident;

· Compensation forPain and Suffering: personal injury victims, or theirsurvivors, may be entitled to compensation for pain and suffering that youincur as a result of your injuries. Your spouse may also be able to recoverdamages for loss of consortium as a result of your injuries.

· Punitive Damages: in extreme and extraordinary cases of negligence, some jurisdictions mayallow the court to award the plaintiff punitive damages that are not meant to compensatethe plaintiff but, are rather meant to punish the defendant.

Personal injury law seeks to put theplaintiff back in the financial position that he was prior to the accident. Thelaw recognizes that there is no way to undo all of the harmful effects of anaccident but monetary damages can be important to a victim’s financial,physical and emotional recovery.

I take a personal approach, listening carefully to the details of your case so that I can tailor your representation to get the results you seek.

For a Free Consultation call me at 727-475-6854.

I hope you found this information helpful. About every 2-3 weeks

or so I’ll provide additional meaningful articles regarding

personal injury issues and related legalities.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer

Hiring the Right Personal Injury Attorney

2012-02-13T14:56:00.000-05:00

Hiring the right personal injury attorney to represent you is critical and canliterally make or break your case. When meeting with an attorney for the firsttime, there are a lot of questions that need to be asked to decipher if anattorney is a viable fit for your case, and for you personally.

The following are the top ten questions that should bediscussed in your first meeting with a personal injury lawyer:

1. How many years have you practiced law, specificallypersonal injury?

Your prospective personal injury attorney should not be a novice, but a trained, seasonedprofessional. Younger attorneys, although they may be used to perform some ofthe work on your case, should not be given full case-management authority untilthey have a little more experience under their belt.

2. Have you taken cases like mine to trial or settlement,and if so, how many?

An experienced personal injury attorney will have taken several cases like yoursto trial and/or settlement. This answer is an indicator of the prospectiveattorney’s skill and success rate.

3. How much of your practice focuses on personal injury cases like mine?

A personal injury attorney should focus a majority of hisor her time on the subject matter involved in your case. While an attorney whopractices generally, like a family doctor practices generally, can be a verygood attorney, it is important the attorney is competent to represent you inyour particular matter.

4. Will you use other attorneys or paralegals on my case?

Other attorneys and paralegals are often used to performimportant tasks, but should play a limited role. It is important that you askto meet them and use your own personal judgment to evaluate them. Even thoughthe subject matter and law governing your case might be unfamiliar to you, youshould not discount your ability to size-up potentiallegal staff.

5. What is your policy regarding returning my phonecalls?

The most frequent complaint of clients is phone calls not returned. Your attorney should have a 24-hour turnaround on client phonecalls, taking into consideration unforeseeable circumstances. It’s a good ideato have this policy written into your retainer agreement with your attorney toensure compliance.

6. Will you explain to me all of the court procedures,legal concepts, fee arrangements, billing practices, retainer agreements, andpayments of costs?

These questions are often time-consuming, but veryimportant. Your attorney should explain to you, in detail, all of the abovematters thoroughly.

7. What is your method or strategy for handling caseslike mine?

An experienced personal injury attorney should have a streamlined process for“working-up” cases like yours. The level of detail contained in the attorney’sprocess will demonstrate his or her organization skills and familiarity withthe subject matter and law of your case.

8. What is the likelihood of a quick settlement or trial?

Beware of the attorney who promises a quick settlement ortrial! However, your attorney should be able to provide a well-reasonedestimate of the time necessary to reach disposition of your case.

9. Do I even have a case? And if so, what do you think mychances are for receiving a settlement?

An experienced attorney should be able to inform you ifyour case is worth pursuing and/or if there exists a possibility of recovery.Sometimes people are hurt, injured, or suffer injustice and there is no legalremedy. A good attorney will provide you with his or her strategy for yourcase, explaining the steps they will take and the likelihood of your success attrial or settlement.

10. Do you have a policy of professional liabilityinsurance?

Like doctors, all attorneys, personal injury or otherwise,should maintain a malpractice insurance policy in the event that mistakes occuron your case.

A final note: No attorney can guarantee a particularoutcome. Also, if your case presents a new area of law or a type of wrongdoingthat hasn't been settled by the courts in the past, then it may be difficult tofind an attorney with unique specialization in the area. One of the mostimportant things to look for in an attorney, besides competency to handle thematter, is whether or not you believe you can work effectively with the lawyer.The relationship, and your "gut" feeling, will probably be animportant part of the hiring process.

I take a personal approach, listening carefully to the details of your case so that I can tailor your representation to get the results you seek.

For a Free Consultation call me at 727-475-6854.

I hope you found this information helpful. About every 2-3 weeks or so I’ll provide additional

meaningful articles regarding personal injury issues and related legalities.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer

What role does the insurance company play in a personal injury lawsuit?

2012-01-29T14:20:00.000-05:00

When you areinvolved in an accident that results in injury to you, whether it be from a caraccident or a slip and fall on another person’s property, your first step inmaking a claim for your injuries always starts with an insurance company.

It is notuncommon for an insurance company to contact you rather quickly following anaccident in which you were involved. If you don’t hear from the insurancecompany right away, you should make contact with the person who caused yourinjuries, and/or the appropriate insurance company in order to let them knowthat you are making a claim for your injuries.

An insurance company is initially represented by aclaims adjuster, or a person who is responsible for processing and handlingyour claim.

Remember these points:

A claims adjuster does not represent your interests
A claims adjuster represents the insurance company
Keeping costs low is the adjusters real goal
You are looking for the best settlement possible

You’ll alsowant to remember that you should not give detailed information to the claimsadjuster about the accident or your injuries. If you give the claims adjusterthese details, you might adversely affect your ability to get resolution of aclaim. For instance, if you tell the claims adjuster a detail that puts you atfault for the accident, the insurance company then may not be willing to settleyour claim at all.

With that said,there is no reason not to speak with a claims adjuster, particularly if youhave suffered only minor injuries and/or damages. The claims adjuster typicallywill want copies of any medical bills related to your injuries, as well asestimates to repair any damages, such as damages to your vehicle in the case ofa car accident.

At some point,the claims adjuster may offer you a settlement. Once you accept asettlement offer in writing, you must also sign a legal document that releasesthe person who caused your injuries, as well as his or her insurance company,from all further claims related to your accident. This means that once you havesettled your claim, you can’t go back later and claim more medical expenses ordamages arising from the accident. Therefore, if you think you will have futuremedical expenses as a result of the accident, then you should probably waitbefore settling your claim.

You shouldcarefully consider any settlement offer. Take into account :

All injuries you have suffered
All your medical bills
Lost wages for lost work time
Property damage
Your pain & suffering

Also, keepin mind that if your own health insurance company paid all or part of yourmedical bills, then it may require you to reimburse them for those costs out ofany settlement that you receive.

The bottom line is that you need to think ofyour claim in terms of the total amount of damages that you have suffered, andcome up with some sort of figure that you can live with. Hopefully, your figurewill be close enough to the settlement offer that you will be able to resolveyour claim without filing a lawsuit.
I take a personal approach, listening carefully to the details of your case so that I can tailor your representation to get the results you seek.

For a Free Consultation call me at 727-475-6854.

I hope you found this information helpful. About every 2 weeks or so I’ll provide additional

meaningful articles regarding personal injury issues and related legalities.

Until then, Be Careful Out There!

All My Best- Bill Schneikart

Personal Injury Lawyer

When to Hire a Personal Injury Attorney

2012-01-18T20:23:00.000-05:00

When toHire a Personal Injury Attorney

When you suffer an injury in anaccident, there are so many things to consider and so many details that needyour attention. It is easy for a person to quickly become overwhelmed. Ofcourse, the most immediate and the most important concern is to get medical treatment foryour injury. Sometimes an injury can be treated quickly. However, more seriousinjuries may need ongoing treatment and may leave the injured person in a lotof pain. Medical bills can quickly pile up as can loss of wages. Additionally,the accident which caused the personal injury may have also resulted inexpensive property damage.

Many people are insured againstsome, or all, of the above expenses. For example, a person may carry healthinsurance to cover the medical bills, disability insurance to cover the lostwages and car insurance to cover damage to an automobile.Therefore, some people try to manage these insurance claims on their own and donot hire an attorney until litigation becomes necessary.

The Benefits to Hiring a Personal Injury Attorney Early

There are many benefits to hiring an attorney as soon after your injury occursas possible. Insurance companies, both yours and the other person’s, are likelyto start asking questions immediately. Depending on the nature of the accident,the police may also ask questions. An attorney will often handle thosequestions for you. This will not only take the pressure off of you and allowyou to focus on your recovery and other responsibilities but, it will alsoensure that you do not say something to the insurance company or police thatcould later hurt your chances of recovery or hamper your defense.

Some insurance companies also tryto pressure people into settlements as soon as they get the claim. If attorneysare not yet involved in the case then insurance companies can often get theparties to agree to alesser settlement and they can avoid costly litigation.

If anyone involved in the casewas seriously injured or if there is a dispute about who was at fault for theaccident then it is important to hire an attorney as soon as possible tosafeguard your interests.

When to Wait

You might wish to consult an attorney early for the reasons stated above.However, you might hesitate before hiring the attorney. A reputable personalinjury attorney will be honest with you during your initial consultation aboutwhether this is case for which you need an attorney. The attorney might adviseyou to take an offered settlement or to handle the initial stages of thenegotiations yourself. If you are comfortable doing so and the case does notinvolve a significant injury or monetary loss then it could be to youradvantage to avoid the expense of an attorney.

The law does not require you to have an attorney handle your personalinjury case. Whether the accident just happened or you are on the eve of trial,the decision about whether to retain counsel is up you. However, if fault isdisputed or there were serious injuries or monetary losses then it is usuallybeneficial to seek the advice of a qualified attorney as soon after theaccident as possible.

I hope you found this information helpful. About every 2 weeks or so I’ll provide additional meaningful articles regarding personal injury issues and related legalities.

Until then, Be Careful Out There!

All My Best-

Bill Schneikart

Personal Injury Lawyer

HOW TO REDUCE THE RISK OF INJURIES IN CAR CRASHES

2011-12-15T17:47:00.000-05:00

I have some wonderful suggestions on how you and your family can reduce injury if, God forbid, you are involved in a car crash. These car crash injury suggestions come from Dr. Lawrence Nordhoff, Jr., an accident reconstruction expert and the author of various books on vehicle collisions.

Tighten up and brace yourself-contracted muscles protect bones, ligaments and nerves.
Face forward with your back and head against the seat and headrest. Hold the steering wheel at the 10-2 o’clock position and do not bend your wrists.
Keep an eye on the other guy—-you have a better chance of not being injured if you are aware of the oncoming collision.
Consider buying a heavy car for more protection from car crash injury.
Sit at least six inches from the steering wheel.
Set the headrest and seat back so that the back of your head is no more than an inch or two from the middle of the headrest. Then raise the headrest two more inches.
Never put the shoulder harness behind your back.
Don’t pump anti-lock brakes just hold them down. They may feel “jerky” but this is natural.
Use only a new child’s safety seat for your children and install it in the middle of the back seat. Installation is tricky, perhaps someone from the local children’s hospital can assist you.
If it all possible avoid collisions with oncoming vehicles or fixed objects.

As you will note, many of Dr. Nordhoff’s car crash injury suggestions deal with how to prevent whiplash or “flexion-extension injures” to the neck. Even a modest impact can cause your body (and head) to be thrown forward. Your body is jerked to a stop by the seat belt and shoulder harness, but your head keeps rotating forward and down until your chin hits your chest. It then flies backwards until stopped by the headrest.

Riding “gangsta” with your seat back, reclined at an extreme angle is dangerous. It places your head so far from the headrest as you bend your neck forward to see out the windshield, that if you are rear-ended, your head has a long way to fly (and pick up speed) before it slams into the headrest.

Dr. Nordhoff says the average person will be in an accident every ten years. As you get older and have more accidents resulting from car crash injury; it is even more important to do what you can to minimize the possibility of permanent injury.

I hope you found this information helpful. About every 2 weeks or so I’ll provide additional meaningful articles regarding personal injury issues and related legalities.

Until then, Be Careful Out There!

All My Best- Bill Schneikart Personal Injury Lawyer