PERSONAL INJURY OVERVIEWS
Miami Legislator Calls for Change in State Government Injury Cases
Personal Injury Overviews
A Florida state legislator from Miami has called attention to the injustice behind Florida's controversial method of compensating victims harmed by the state. By law, victims of state negligence can collect only as much as $200,000 in compensation, even when a jury concludes that justice requires more. Thus, all victims of state negligence who are awarded have only one hope for compensation above and beyond the $200K cap: the Florida Legislature, which in its discretion can authorize such payments.
Personal Injury Overviews
Class Action Fairness Act of 2005
Major changes to the ability of injured parties to win remedies via class action law suits were signed into law by President Bush last month. Both houses of Congress passed the Class Action Fairness Act ("CAFA") for the stated goal of reducing "abuses of the class action device." The act passed the Senate by a 72-26 vote and passed the House 279-149.
Things To Be Aware of When You Are An Injured Party In An Auto Accident
Accidents always happen when you least expect it. I was hit by an errant pick-up truck, on my way to the local library, just a few blocks from my house. The truck appeared out of nowhere on my left side and I knew as I tried to brake it was too late. I turned into the parking lot of a nearby store and fortunately the driver followed me. The events in the parking lot would later be crucial to my settlement of the case. If you've never been in an accident, you'll learn soon enough that you have to be your own advocate.
You cannot sensibly settle your case until you are done with all your treatment including physical therapy. Ask your doctor when your treatment will be over. Do not stop treating too soon, as some symptoms take time to develop. If you settle your case before you are aware of all possible damages, this could be foolish, as you once you receive a settlement from an insurance company, it may be very difficult to go forward to obtain further recovery.
What To Do At An Accident Scene
Do not make any statements to anyone other than the police.
Will I Have To Pay Back My Medical Insurance
Most automobile accident insurance policies provide med pay. Medpay covers the cost of your medical bills incident to a car accident whether or not you are at fault. The typical medpay provision will cover up to $5,000 of medical bills including ambulance, emergency room, medications, physician billings, chiropractic treatment and medical supplies as long as they are related to your vehicle collision.
What Are The Stages of a Personal Injury Case?
A personal injury case begins as soon as a person is injured. Witnesses and other evidence of the injury are essential for establishing the case regardless whether the case develops into a lawsuit that goes all the way to trial, or whether it settles outside of court a short time after the injury. The sooner any witnesses or other evidence are located, the less likely they will be lost or forgotten.
Workers' Compensation: Injury During Employment
When an employee is injured during the course and scope of his employment, the manner by which he is compensated changes considerably. Up until now, we have discussed how an attorney represents his client by demanding compensation from the person who is at fault for the injuries. The attorney uses methods that include litigation, arbitration, or maybe just an intimidating demand letter. However, the methods change in situations where his client is an injured employee.
In most personal injury cases, the client pays his attorney by splitting the compensation they receive in the case. There is no set standard or legally required percentage for the split, but typically the attorney takes somewhere between 30% and 40%. To represent his injured client, the attorney may have to do nothing more than write a letter to the tortfeasor or the tortfeasor's attorney demanding the compensation for his client's injuries. More often, the attorney is required to file a lawsuit in a court of law so that a judge can order the compensation to be paid. Once a lawsuit is filed, the process of litigation begins, and the attorney will have to gather and organize evidence to prove to a judge, or to a jury if the person or tortfeasor chooses to have one, all the facts that establish both the tortfeasor's liability for the person's injuries, as well as all the damages to which the person is entitled to recover.
Our legal system is designed to force a tortfeasor to place the person he injured in the same position the person would have been in but for the injury. In other words, the tortfeasor must make him the same again. Sometimes this is impossible, of course, depending on the nature of the injury. As a general matter, money is the tool used to place the injured person where he otherwise should be. A price is demanded for the things necessary to achieve that end, and this is where the attorney comes in. The attorney for an injured person who, for example, hurt his back in a car accident, may demand compensation from the tortfeasor for the costs expended to repair the person's wrecked car, the wages the person lost and will lose from his inability to work as a result of his injuries, the bills the person has paid and will have to pay for his medical care, and the pain and suffering the person experienced from the accident. He may even claim that the tortfeasor, instead of his client, should pay his fees in the case, as well as any costs that were incurred as a result of demanding the compensation. In a few circumstances where the tortfeasor's conduct was especially egregious, damages to punish the tortfeasor may be sought, called punitive damages.
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