If you have suffered an injury due to the recklessness of someone else, you can claim compensation from the individual/ organization responsible for the injury. Claiming compensation is not a straightforward process. A personal injury lawyer is a specialist in personal injury lawsuits and can help you get the best settlement.
Here’s an overview of what you need to do to get the best personal injury settlement:
When you suffer a personal injury, some of the most obvious factors for compensation are things like medical expenses incurred, wages lost due to the inability to work, any injuries that have a long-term impact. Besides these, there are several other small and large expenses that you may have to incur due to personal injury.
A personal injury lawyer is the best person to accurately assess your claim amount.
Decide on the Minimum Amount you will Accept:
In a personal injury lawsuit, the settlement amount is a debatable one.
It is recommended that you determine a minimum settlement amount that is acceptable to you. This helps in negotiations because you will have an idea of the lower limit of your claim.
Your claim amount will be higher than the minimum settlement amount. However, do not be too rigid about your claim amount because it can vary for several reasons.
For instance, you may not have considered certain conditions that weaken your case. In such a case, you will have to lower your claim amount. Alternatively, during the negotiations, you may discover facts that you might have overlooked earlier that make your case stronger. Here, you have an opportunity to increase the claim amount.
Fix the Claim Amount:
When you are making your claim make sure that you quote an amount that is higher than the actual amount you deserve for the injury. This will serve as a negotiation margin when the final settlement amount is settled.
When you are claiming compensation in a personal injury case, the opposing attorney will try to assess your stand by suggesting a low amount for settlement. Make sure that you don’t jump at the first offer you receive because the lawyer is trying to judge you with this offer.
You can make a counter-offer that is below the actual amount claimed. This will give an indication to the opposing attorney that you are aware of the worth of your offer and are ready to negotiate.
A final amount is reached mutually after both parties make their offer and counter-offers. Make sure that you do not settle for the minimum amount that you have decided on.
Having a personal injury lawyer by your side is helpful because he can negotiate the case so that you receive the best settlement.
Here are some golden rules while bargaining in a personal injury lawsuit:
- Do not reduce your claim amount more than once until the other party makes a counter offer.
- Do not reduce the amount demanded more than twice unless there is an increment in the original of the other party.
Once the settlement amount is mutually agreed on by both parties, create a written record and share it with all parties.
Autry law firm has the best personal injury lawyers who can ensure the best settlement amount!
The laws coined on personal injury allow a person to receive compensation if others harm them. Multiple situations might lead to individual injury cases. But every injury is not termed as a liability. Some common causes can be called personal injury.
Cases of car accidents
Car accidents mostly lead to personal injury cases in the United States of America. When an accident occurs, it is caused due to breaking the rules of the road or someone roughly driving the car. A driver who drives the vehicle carelessly can be charged under personal injury law and held financially. Although, there are quite some exceptions in the US where the drivers need to collect the insurance from their insurers except in fatal injury cases.
Fall and slip cases
Slip and fall is another typical personal injury case. The property owners should keep their property free from hazards to be safe for the people living inside it. All the injuries or fall cases that occur inside the property will be coined as personal injury cases. The exact cause of the issue and the landowner’s legal duty depends on the kind of situation. It also depends on the law designed for the particular place or state where the liability occurs.
In maximum cases, the dog owners are financially responsible for any liabilities caused due to dog bites. However, the same law of the owners differs from state to state. But in some places, the dog owners are highly responsible for any dog bite even if the dog did not intend to bite in the past. Therefore, dog bites are a significant cause of personal injury problems.
Slander or Libel
Defamation in the form of slander or libel means disrespecting a person and injuring a person’s reputation due to untrue sentences. The exact cause of defamation is brought under the law depending on the person’s statements and where the announcement was made. An average person needs to prove that a vague negative comment was made and that the financial losses came from it. Celebrities, on the other hand, need to confirm that the untrue statement was spoken intentionally.
Battery, Assault and Other Intentional Tortures
Unlike the other different types of personal injury claims, intentional tortures do not depend on the carelessness or negligence of a person. It comes under personal injury law if the harm is caused by the person intentionally. It can also fall under the added feature of the criminal case of the perpetrator. Assault cases also fall under the clause of personal injury.
Personal injury cases generally tend to get delayed in settlement due to the following reasons:
- Factual and legal issues are creeping into the cause.
- The case involves a considerable sum of money.
- In case you did not reach the medical requirements.
A personal injury case can be settled quickly, but it happens only when a minimal amount of money is involved. The primary consideration is how fast you accept the issue and give it up to the court.
Personal injury that results from an accident can cause physical and emotional trauma besides financial losses. Personal injury lawsuits are filed to claim compensation for these aspects.
Here’s a list of common causes of personal injury:
An individual may suffer an injury due to the negligence or irresponsible act of another person. For instance, a car accident may be caused due to the irresponsible behavior of the driver. When an accident results due to the negligence of another, a personal injury lawsuit may be filed to claim compensation.
Slip and Fall:
Public places are supposed to be maintained such that they do not pose any kind of risk to people who visit them. However, if individual slips and falls and suffers an injury, he can file a personal injury case against the owners of the place to claim compensation.
Sometimes an injury may be caused because of an action that was intended to injure. In such cases also, you can file a personal injury case to claim compensation.
If an injury or a health condition is caused to the negligence of a doctor, it is considered medical malpractice. The patient can claim compensation from the doctor for such injuries.
A patient can also claim compensation if his illness is diagnosed incorrectly by a doctor. This is known as “misdiagnosis” and the doctor who misdiagnoses can face a personal injury lawsuit.
If you are bitten by someone else’s dog, you have a right to file a personal injury case to claim compensation from the owner of the dog.
If a private home or a public place has unsafe conditions that can harm visitors, the owner of the place can face a personal injury lawsuit if someone gets injured due to unsafe conditions.
A product liability lawsuit may be filed against the manufacturer of defective products.
These are some common reasons why an individual can file a personal injury lawsuit.
In a personal injury lawsuit, 4 things need to be established:
- The type of injury
- Cause for the injury
- The extent of the injury
- The impact of the injury in terms of medical expenses, loss of job, etc.
Establishing the reason for the injury is important because it helps decide against whom the compensation claim must be filed.
A personal injury lawyer investigates the cause of the accident. He establishes who the individual/enterprise case must be filed against. He collects the supporting evidence and witnesses to represent his client. A personal injury lawyer estimates the extent of the injury and the financial and other losses his client suffers. He also identifies who exactly is responsible for the injury and files the lawsuit against the person/party responsible for the injury.
Many times the injured individual may decide not to hire an attorney and file the case himself. Proving the other party responsible for the injury and claiming the right amount as compensation can prove to be quite difficult. Hence, the person should hire a personal injury lawyer to represent him.
Autrey Law Firm is one of the best law firms in North Dakota that has experienced personal injury lawyers who can represent clients for any type of personal injury they may face.
A personal injury lawsuit is filed by the victim of the injury(plaintiff) against the person/entity responsible for the accident. The plaintiff has to prove that the defendant is responsible for the injury caused.
In a personal injury lawsuit, the plaintiff is required to prove that the defendant is responsible for the injury. And, then he claims damages against the defendant for the injury caused.
The plaintiff needs to prove the following elements of negligence:
- Defendant’s duty
- Defendant’s breach of duty
- The actual and proximate cause for the injury
These aspects vary according to the nature of the accident causing the injury.
The types of injuries that are covered in a personal injury lawsuit include brain injury, fractured bones, burn injuries, drowning, electrocution, spinal cord injury, etc.
The personal injury lawyer will get the plaintiff to testify to explain the repercussions due to the injury. The doctor treating the plaintiff and other experts will also be called to the court to discuss the effects of the injury.
The claims made against the defendant will include the current and future medical expenses. In addition, they will include the financial losses suffered due to loss of workdays, in certain cases loss of a job, etc. In certain types of injuries, the individual may take a long time to recoup and get back to normal. The personal injury attorney will need to support these claims with testimony by experts in the field.
In most personal injury lawsuits if the guilt of the plaintiff is proved, the insurers will bargain the amount claimed as damages.
The defendant in the case will first try to prove that he is not responsible for the injury caused. However, if there is strong evidence to prove otherwise, he is bound to pay compensation to the plaintiff.
In this case, the defendant’s attorney will try to minimize the severity of the injury. The lawyer may get experts to challenge the claims made by the plaintiff regarding the injury and try to prove that the impact of the injury is lower than that claimed by the plaintiff.
In certain personal injury lawsuits, the defendant’s lawyer could try to prove that the accident occurred due to the fault of the plaintiff.
The compensation in personal injury cases is paid by the insurance company of the defendant. Insurance companies conduct an independent investigation to assess the claims made by the plaintiff. They may also carry out surveillance on the plaintiff to verify his claims about the extent of injury caused.
A plaintiff can make build a strong case for himself by ensuring that he has all the documentary evidence to support his case. He can send a claim letter to the insurer along with the documents supporting his claim. It is recommended that the plaintiff make a high claim initially because negotiations are unavoidable in most personal injury cases. So, if he stakes a claim for a high amount, he has a margin to negotiate.
Since there are so many intricacies involved in a personal injury lawsuit, the injured individual should hire an experienced personal injury lawyer to represent him.
Autrey Law Firm has a team of lawyers who have expertise in personal injury lawsuits!
When we think of personal injury lawyers, we associate them with services like representing us in a lawsuit to claim compensation or offer legal counsel. However, a personal injury lawyer can do many more things for a client!
A victim of personal injury can consult a personal injury lawyer who will explain the legal rights of the individual to him. Personal injury lawyers also take care of all the financial and legal complications arising due to such injuries. And, of course, he will represent you in the case to claim compensation against the insurance company of the defendant.
Here are 4 Surprising Services that Personal Injury Lawyers Provide:
Personal Injury lawyers have their own team of professional investigators who thoroughly examine the scene of the accident that caused the injury. They also interview witnesses present during the accident. Based on these investigations, the personal injury lawyer builds the case for his/her client. Investigations are conducted by experienced professionals like retired cops, etc.
Help their Clients with Medical Services
Personal injury lawyers are well-connected with medical professionals and can help their clients get medical services with doctors who understand such injuries. They can even recommend the services of specialists if required.
Realistic Assessment of Claims
When an individual suffers a personal injury due to the recklessness of another, he just looks at his immediate losses. He would be inclined to claim compensation for current expenses incurred like medical bills, wage loss, etc. However, a personal injury can have far-reaching effects and can impact several aspects of the injured person’s life later.
Personal Injury Lawyers are experienced in such lawsuits and can make a more realistic assessment of the current and future losses incurred. This will enable them to stake a comprehensive claim that covers all aspects. It is not uncommon for personal injury lawyers to consult economists to help them in preparing an accurate claim for compensation.
Negotiate Different Types of Legal Processes
A personal injury lawyer can negotiate with the insurance company of the defendant before or after the case is filed. In some cases, both parties may agree to an out-of-court settlement. In such cases, it is a personal injury lawyer who negotiates on your behalf.
However, if the case does not get settled outside the court, personal injury lawyers will represent you in the court trial with sufficient evidence to support your case.
Some personal injury cases may require alternative dispute resolution where again the personal injury lawyer can represent their clients.
Hiring a personal injury lawyer at the initial stages of the lawsuit is beneficial because the lawyer will be able to get a clear idea of the case and can access all the relevant evidence, etc. to build his theory regarding the case. Besides it also helps you recover from the injury faster when you know that there is an expert to take care of all financial and legal aspects of the case.
Autrey Law Firm has a team of expert personal injury lawyers who have been representing clients in such cases for over 30 years!
Civil law is the category of law that focuses on private relations between individuals. Unlike criminal cases in which the state prosecutes the accused, in civil cases are initiated by private parties.
Civil laws are necessary to prevent the escalation of disputes between individuals from reaching a violent confrontation. Civil laws help maintain harmony in the community by keeping a check on exploitative behavior or unethical practices. Most civil cases are settled by giving monetary compensation.
Legal Terms in a Civil Case:
A civil case begins when a “complaint” is filed by an individual or business called the “plaintiff” against a “defendant” who has harmed the plaintiff.
The plaintiff may demand “damages” from the defendant in court. Damages are a specific sum of money sought as compensation for the wrongdoing.
In certain civil cases, the plaintiff may ask the court for an “injunction” to prevent the defendant from performing certain actions.
Plaintiffs may also ask for a “declaratory judgment” wherein the court determines the rights of both parties as per a contract.
Civil cases are resolved in the court by a judge who listens to both parties and applies relevant laws to determine the penalty. Many times civil cases are settled out of court when both parties agree on the terms of settlement and the financial compensation to be awarded. Out-of-court settlements help save the time and expenses of both parties.
Following are some examples where civil laws come into play:
Contracts are legally binding documents that establish certain obligations for either party in case of a conflict. Contract disputes arise when one party does not meet the terms of the contract. However, one party may be unable to meet its side of the bargain due to certain unforeseen circumstances. In such cases, civil law may come into force to reach a fair settlement. A dispute could also arise if both parties differ in their interpretation of the terms of the contract.
These laws focus on issues related to civil wrongdoings like negligence and liability, etc. Personal injury cases come under tort laws.
These laws deal with people’s legal relationships with objects. Property laws pertain to a wide range of issues like purchase or transfer of land, contested ownership, etc. Property laws come into force when there is a dispute in the inheritance of property, etc.
Family laws resolve domestic disputes before they go to court. These could be divorce cases or elder laws, etc. Family laws help in aspects of divorce settlements such as childcare and visitation rights, etc. Family laws also deal with paternity disputes, juvenile law, and domestic abuse cases, etc.
A professional civil lawyer is aware of all aspects of civil laws. He knows all the relevant codes and statutes for different types of civil cases.
It is recommended that you engage a civil lawyer who is certified and licensed to practice in the jurisdiction where you are filing the lawsuit.
Autrey Law firm is one of the best law firms in North Dakota and Minnesota. We have a team of experienced civil lawyers who specialize in different types of civil laws.
Personal injury cases occur quite often when one party is injured due to the callousness of another. A personal injury case is resolved in a civil court. These cases are usually filed by an individual against another or an organization.
The individual hires a personal injury lawyer who represents him in the case and claims compensation from the party responsible for the injury.
Here are some legal terms used concerning personal injury lawsuits that you must know:
It is the section of the law that is concerned with physical, financial, and emotional injuries caused by an individual/institution due to negligence in taking reasonable care. Personal injury cases are considered civil torts.
He is the individual filing a lawsuit against someone for having suffered a personal injury.
The entity against whom the personal injury lawsuit is filed. The defendant may be an individual or an organization.
It is a court action brought about by a plaintiff against a defendant to claim compensation for the injury caused or punishment for an irresponsible act.
Litigation is taking legal action or filing a lawsuit.
Tort is a private wrong or injury committed against another individual or property leading to legal liability. Personal injury cases that are caused due to the negligence of another come under the category of tort.
Statute of Limitations:
This refers to the time allowed by the law for the plaintiff to file a personal injury lawsuit from the time the injury has occurred.
An expert witness is an individual who is called to testify in a personal injury case because of his expertise in a specific field.
The US Constitution awards certain rights to all its citizens. If someone finds that his/her civil rights are violated, he/she can file a personal injury lawsuit. These lawsuits may be filed against an individual/ a private company/ a government organization whosoever is responsible for such violation.
The Preponderance of Evidence:
It refers to the amount of evidence a plaintiff requires to win a personal injury or any type of civil case. A preponderance of evidence implies that the proof presented by the plaintiff must be more convincing than that provided by the defendant.
It is a civil action taken by the plaintiff or on behalf of the injured person against the defendant for the physical or mental injury suffered.
It is something given to the injured party to make up for the loss suffered. For instance, in a worker’s compensation case, compensation is usually monetary.
This refers to the payment made to the plaintiff in a personal injury lawsuit. The defendant needs to give monetary compensation to the injured. Sometimes the defendant in the case may need to make a punitive payment which also qualifies as “damages.”
It is the decision of the judge or the jury in the case.
These are some of the legal terms that are used in personal injury cases that will help us understand the proceedings in such cases better.
Autrey Law Firm has the best personal injury lawyers who can represent you in such lawsuits!
Medical malpractice lawsuits fall under the category of personal injury cases. However, they are quite different from other personal injury lawsuits such as an auto accident, or accidental injury due to the carelessness of another.
What is a medical malpractice lawsuit?
A medical malpractice case is when an individual suffers an injury due to irresponsible behavior by a doctor or medical practitioner.
A medical malpractice lawsuit is more complicated because it requires some knowledge about the medical procedures, etc. Besides, this is the only type of personal injury lawsuit where the individual filing the lawsuit needs to bring an affidavit from a physician claiming that the injury was caused due to the negligence of the doctor.
Medical malpractice cases are harder to prove when compared with other types of personal injury cases. Medical malpractice cases involve expenses such as paying expert witnesses to review medical records and testify in court. However, the compensation, not awarded, is much higher in a medical malpractice case when compared with another personal injury lawsuit.
You can file a medical malpractice lawsuit in the following cases:
Early diagnosis in many critical illnesses helps cure it. However, if the doctor does not read the signs and symptoms early, the disease may grow out of proportion. Hence, an accurate diagnosis by a medical practitioner is a must. And, if he happens to err on this, he could face a medical malpractice lawsuit.
Some doctors treat a patient based on superficial conditions without diagnosing the root cause for their problem and addressing them. This can lead to diseases growing out of proportion, becoming irreversible, or may even cause deaths. You can file a medical malpractice lawsuit against such doctors if you or someone known to you suffers a medical condition due to wrong treatment.
Mistakes and Errors caused During Surgical Processes:
Any carelessness during a surgical process can have severe repercussions. Whether it is major or minor surgery, the patient can suffer long-term complications or even death due to the negligence of any member of the surgical team.
Medical negligence can cause the death of a patient. This is a very traumatic experience for the family members. The negligence of the medical practitioner needs to be proved to claim compensation in such cases.
Labor and Delivery Related Cases:
Pregnancy and childbirth in a nine-month process with critical events and even emergencies. The mother needs to be under the care of a doctor throughout the process. The doctor is responsible for the health and wellbeing of the mother and the baby when it is born. Any negligence by the doctor can lead to complications for the health of the mother and the baby. For instance, delays in delivery or emergency Sections can even lead to death. Besides, negligent delivery practices can cause severe health issues in the baby that may be irreversible in some cases.
A medical malpractice lawsuit should be represented by a lawyer who specializes in such types of cases. If you need to file medical malpractice against a medical practitioner, connect with the personal injury lawyers at Autrey Law Firm!
If you get injured at the workplace, you not only suffer the physical injury but may also lose your daily wages besides incur heavy medical expenses. Although most employers compensate for the injury from the worker’s compensation insurance, the amount is hardly sufficient to cover the multiple losses.
The best thing to do in case of such injuries is to consult a personal injury lawyer. A personal injury lawyer can assess the extent of damages and recommend a valid claim. In case you do not receive the recommended compensation from your employers, then your personal injury lawyer can prepare a case and represent you to ensure that you receive what is due.
Some of the common instances of workplace injury and what you can do:
It is possible that you might suffer an injury at your workplace because of defective products. In such a case, you can file a product liability lawsuit against the manufacturer of the product for compensation.
In case you work in an environment where you are exposed to toxic substances, your employers are responsible for ensuring your safety. However, if you were to suffer injuries because of the toxic substances, then you have the right to file a toxic tort lawsuit against the manufacturer of the toxic substance.
If you suffer a personal injury intentionally caused by your employer, you have the right to file a personal injury lawsuit against your employer.
If an injury occurs at your place of work because of the careless act of a co-worker, then you can file a personal injury case against that individual.
In case your organization does not carry worker’s compensation insurance, you can file a case against the organization in a civil court. You also have the option of collecting the compensation from the state funds.
These are some exceptions to the workplace injury rules. Your personal injury lawyer can explain what category your case falls under and the kind of compensation you are eligible for.
When you suffer a physical injury at your workplace, you need medical attention and need to rest and recoup. Under such circumstances managing all the technicalities of claiming compensation, etc. can get quite overwhelming. If you have a personal injury lawyer by your side, he will take care of all the legal aspects and prepare a case on your behalf. He will ensure that you get the best compensation.
This will help you focus on your health and recovery. You will recoup faster and will be able to resume work faster!
However, how your case is represented and the compensation you get depends entirely on the expertise of the personal injury lawyer you hire.
Autrey Law Firm has the best personal injury lawyers in North Dakota and Minnesota. Our lawyers are certified and licensed to practice in the State, Federal and judicial courts in North Dakota and Minnesota. Our lawyers have years of experience representing clients in different types of personal injury cases with a high success rate!
Did you know that there is a particular type of lawyer whose main function is to assist the elderly? Not many people know this!
When you think of a lawyer, you usually think of a suit-clad person who works with litigation, corporate law, or even human rights law.
What is elder law?
Elder law covers different areas of law that affect people who are older or elderly. It also looks at issues concerning the people who take care of the elderly, and their relatives and family. It relates to their health, property, and finances.
What does an elder law lawyer do?
Elder law lawyers are those who provide legal help to the elderly for any unique issue they may be facing. This could be in terms of legal matters relating to their health, financials, mental and physical difficulties that come with aging, etc.
What are some situations where an elder law lawyer is useful?
Elder law lawyers help out the elderly in a wide umbrella of matters. Here are a few:
Elder Financial Abuse:
With old age often comes a diminished mental capacity. Some people take advantage of this to manipulate and coerce elders for their own financial gain. Sometimes these financial predators are also members of the elder’s family or their caretakers. Elder law helps protect the elder’s financial assets and makes sure that their property goes to the people or entities they want it to go to.
Nursing Home Abuse:
Nursing homes are places that are supposed to care for the elderly. Sometimes, they fail to do so by hiring less staff or lower quality amenities. This means that the standard of care given to the elderly is not up to the mark. Elder law provides recourse against this to stop the homes from taking advantage of the elder wards, and to compensate the elder for any injuries they may have suffered.
If an elderly person is unable to make reasonable decisions relating to their financials and healthcare, then they can legally appoint someone to make these decisions for them. This law provides a solution to help an elder who is unable to protect themselves.
Elder law gives elders the ability to plan their estate. This means that they can find assistance in writing their wills and appointing the people in charge of their financial and healthcare decisions. If an elder can properly plan their estates, they will not need to appoint a conservatorship. The documents that will be prepared through estate planning will give the elder all the recourse they need for their affairs to be carried out.
These are only a few areas where hiring an elder law lawyer can help. These areas also have sub-fields that have their own particular applications. It is a good idea to consult an elder law lawyer if you or an elder you may know needs to plan their estate and secure their assets.