Possible Damages in Personal Injury Lawsuit

Accidents can result in significant personal injuries that create many expenses for the victim and can cause extreme financial hardships for the victim and the victim’s family. It seems unfair that a victim should have to suffer the physical and financial consequences of an accident for which the victim was not at fault. Therefore, the law allows personal injury victims to bring lawsuits against the person(s) responsible for their injuries. All United States jurisdictions allow plaintiffs who bring successful cases in state court to recover damages. While each jurisdiction may differ on the dollar amount of damages provided in individual cases, there are some common types of damages that are allowed in most jurisdictions.

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

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

· Compensation for Actual 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 to cook your meals or unable to run your own errands. It can be very expensive to hire people to take over these responsibilities for you and you may be entitled to compensation for these expenses if you are successful in a personal injury lawsuit. Similarly, if the personal injury victim dies as a result of the injuries sustained in an accident then his family may be entitled to compensation for his funeral costs;

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

· Compensation for Pain and Suffering: personal injury victims, or their survivors, may be entitled to compensation for pain and suffering that you incur as a result of your injuries. Your spouse may also be able to recover damages for loss of consortium as a result of your injuries.

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

Personal injury law seeks to put the plaintiff back in the financial position that he was prior to the accident. The law recognizes that there is no way to undo all of the harmful effects of an accident 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

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

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

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

Your prospective personal injury attorney should not be a novice, but a trained, seasoned professional. Younger attorneys, although they may be used to perform some of the work on your case, should not be given full case-management authority until they 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 yours to trial and/or settlement. This answer is an indicator of the prospective attorney’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 his or her time on the subject matter involved in your case. While an attorney who practices generally, like a family doctor practices generally, can be a very good attorney, it is important the attorney is competent to represent you in your particular matter.

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

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

5. What is your policy regarding returning my phone calls?

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

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

These questions are often time-consuming, but very important. Your attorney should explain to you, in detail, all of the above matters thoroughly.

7. What is your method or strategy for handling cases like 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’s process will demonstrate his or her organization skills and familiarity with the 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 or trial! However, your attorney should be able to provide a well-reasoned estimate of the time necessary to reach disposition of your case.

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

An experienced attorney should be able to inform you if your 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 legal remedy. A good attorney will provide you with his or her strategy for your case, explaining the steps they will take and the likelihood of your success at trial or settlement.

10. Do you have a policy of professional liability insurance?

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

A final note: No attorney can guarantee a particular outcome. Also, if your case presents a new area of law or a type of wrongdoing that hasn't been settled by the courts in the past, then it may be difficult to find an attorney with unique specialization in the area. One of the most important things to look for in an attorney, besides competency to handle the matter, is whether or not you believe you can work effectively with the lawyer. The relationship, and your "gut" feeling, will probably be an important 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