Lawyers Offer Valuable Legal Advice For Personal Injury Victims
After having been injured in an accident through no fault of their own, most victims will find themselves feeling confused and distraught. With a sea of lawyers waiting to provide legal advice, it can be difficult to know which one to choose. Many personal injury victims turn to the valuable legal advice of a licensed attorney in an effort to protect their rights and help to ensure that they are fairly compensated for lost wages, a reasonable degree of pain and suffering and medical bills.
Depending on the nature and severity of the accident, some victims may require medical treatment immediately. Such is often the case with automobile accidents, in which the person(s) who caused the accident will be responsible for all damages. Following an automobile accident, an attorney will provide not only provide legal advice, but will also conduct settlement negotiations in an effort to settle the matter before having to go to trial.
Settlement negotiations typically begin at the conclusion of medical treatment. The only exception to this rule may be if the victim requires a lifetime of medical care resulting from the injury and wishes to pursue a lifetime damages award. During the negotiation procedures, the attorney will determine the total amount paid for medical bills and will also evaluate the reports from physicians, x-ray technicians and a confirmation of lost wages when deciding on a fair amount to demand for pain and suffering. After discussing the various options with their client, the attorney will continue with a settlement demand. During this time, an attorney may refrain from offering legal advice in an effort to let the client decide if they agree with the settlement demand. The final amount is naturally up to the victim.
As a general rule, it takes approximately 30 days to receive a response regarding the settlement demand. This letter is sent to either the individual directly, his/her insurance company or attorney. Upon receipt, a counter offer will typically be returned to the victim?s attorney. This process is very much a ?back and forth? negotiation where each side is trying to determine what the other is willing to accept. If the counter offer is not acceptable, the victim?s attorney will prepare yet another letter and may decrease the demand amount slightly. This is often done in an effort to show good faith negotiations and will show the other side that the victim and his/her attorney are being reasonable. A series of letters and telephone calls will usually be exchanged before an amicable settlement is reached. While an attorney cannot instruct their client on what to do, they can provide legal advice regarding the fairness of the offer and how that figure may change if the case were to proceed to trial.
The information in this article is to be used for informational purposes only. It should not be used in place of, or in conjunction with, professional legal advice. Individuals who need legal advice should consult one of the lawyers in their area who can assist them with their questions and concerns.
This article courtesy of http://www.mentzlaw.com.
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* Government Statistics on Legal Verdicts and Jury Awards - $ U.S. district courts terminated approximately 512,000 civil cases during fiscal years 2002-03. Nearly 20% or 98,786 of these cases were torts in which plaintiffs claimed injury, loss, or damage from a defendant’s negligent or intentional acts. $ Of the 98,786 tort cases terminated in U.S. district courts in 2002-03, about 2% or 1,647 cases were decided by a bench or jury trial. $ An estimated 9 out of 10 tort trials involved personal injury issues C most frequently, product liability, motor vehicle (accident), marine, and medical malpractice cases. $ Juries decided about 71% of all tort cases brought to trial in U.S. district courts; judges adjudicated the remaining 29%. $ Plaintiffs won in 48% of tort trials terminated in U.S. district courts in 2002-03. Plaintiffs won less frequently in medical malpractice (37%) and product liability (34%) trials. $ Eighty-four percent of plaintiff winners received monetary damages with an estimated median award of $201,000. $ Plaintiffs won more often in bench (54%) than in jury (46%) tort trials. The estimated median damage awards were higher in jury ($244,000) than in bench ($150,000) tort trials.
April 2006 - A Jury in New Jersey found last week that Vioxx significantly contributed to a 77-year-old man's heart attack awarded him $9 million in punitive damages yesterday, raising Merck & Co.'s liability in the case to $13.5 million and intensifying pressure on it to settle such lawsuits.
Example of Personal Injury Case 2004 : Ford Explorer rollover-prone and roof not crash safe and worthy- CASE TYPE : Product Design Defect, Auto Truck Vehicle - SUV,
Motor Vehicle – Rollover CASE : Buell-Wilson v. Ford Motor Co., San Diego Co.,
Calif., Super. Ct. GIC 800836 Los Angeles, Calif.
JURY VERDICT: $369,000,000 (369 Millions Dolalrs
2005 - In what may be one of the biggest massive medical malpractice tort verdicts in the state of Texas, a state jury awarded $606 million - including a remarkable $ 600 million dollars in punitive damages - to the family of an 82-year-old patient who had cancer and then who died after receiving an overdose of chemotherapy drugs.
2005 - In the 9th big loss for Ford in SUV Explorer rollover cases, a Florida jury awarded $61.2 million to the parents of an 18-year-old boy who was killed in a 1997 (wrongful death & Product Defect and Product Liability Issues)
Example of Personal Injury Lawyer Case 2004 : Dodge Caravan seatback collapsed on baby in a car-seat - CASE TYPE : Automobiles, Products Liability -
Product Design Defect, Wrongful Death, Motor Vehicle -
Rear-ender, Motor Vehicle - Passenger, Motor Vehicle - Minivan
CASE : Flax v. DaimlerChrysler Corp., Davidson Co., Tenn., Cir. Ct. O2C-1288
JURY VERDICT : $105,500,000 (105 Million Dollars
2005 – Billion Dollar Verdicts - In one of 2005's largest verdicts to an individual plaintiff regarding financial fraud , a Florida jury ordered Morgan Stanley Broker Dealer to pay $1.45 billion to investor Ronald O. Perelman for defrauding him in the sale of his camping gear company - Coleman.
2005 - February, a prominent Houston law firm and a Texas bank were SMACKED and Beaten with a $65.5 million verdict in a highly complex estate planning case that involved major problems and conflicts of interest. (65 million dollar jury award)
2005 – 3 years after a jury acquitted a company in Florida of manslaughter and criminal charges, a Florida civil jury SLAMMED the outdoor advertiser with a $65 million jury award verdict for the shock and electrocution of a sixth-grade boy.
Age Discrimination - In December, a Los Angeles California jury found that PrivatAir - an aviation company focusing on private airline services - wrongfully fired Captain Doyle D. Baker on the basis of his age, defaming him in the termination process and causing extreme emotional distress.
Punitive damages serve a number of important functions which—despite a few horror stories, which are themselves either apocryphal or overturned in the courts, the functions remain valid and in the public interest. Persons causing great harm—persons deliberately or with gross negligence causing great harm should not view paying damages as merely a cost of doing business, a cost that might fit neatly into a risk analysis of wrongdoing. That is what happened in the Ford Pinto case in which the cost of paying claims to victims of a known deadly hazard was deemed less than the cost to retool the assembly line, and thus the hazard was maintained knowing full well that further people—more people would be injured or killed.
This is the purpose of punitive damages, to punish this kind of egregious wrongdoing, and to deter, to be a deterrent to such conduct. It is not immediately clear why a deterrent—or the necessity of the deterrent should bear any great relationship to the amount of actual damages in a given case. There is nothing wrong and indeed something highly desirable in maintaining this disincentive to wrongdoing in an appropriate relationship to the harm and the conduct of the tort-feasor. This trend has led one commentator to suggest that ''[p]unitive damages have replaced baseball as our national sport.'' Theodore B. Olson, Rule of Law: The Dangerous National Sport of Punitive Damages, Wall St. J., Oct. 5, 1994, at A17. See also Malcolm E. Wheeler, A Proposal for Further Common Law Development of the Use of Punitive Damages in Modern Products Liability Litigation, 40 Ala. L. Rev. 919, 919 (1989) (''Today, hardly a month goes by without a multimillion-dollar punitive damages verdict in a product liability case.'').