Accidents happen.  Sometimes an accident could have been prevented – and was caused by the carelessness of another.  When an accident is caused by someone else’s negligence, then the negligent party (the one who didn’t act carefully enough) can be held responsible when a person is injured as a result.    However, sometimes an accident is truly just an accident – it wasn’t reasonably preventable, everyone involved behaved pretty responsibly, etc.  While it might not seem like anyone could be held responsible for an accident that’s “just an accident,” you’d be surprised at how much liability could actually be involved…  Sometimes the owner of property is legally responsible for an accident that occured on his or her property simply because a dangerous condition existed.  Sometimes a product manufacturer is legally responsible for defects in a product that caused harm to someone simply because the product is considered dangerous.  There are many different ways a person may be held responsible for another’s injuries. 

Take a look at LawInfo’s Free Legal Resource Center for more information – we’ve recently updated our section devoted to the issue of “fault” when a person is injured.  Specifically, we’ve added a new video on the topic to help explain this sometimes complicated matter.  To learn more and watch the videos, click the following:

I was injured in an accident… now what?

Who is responsible when a person is injured?

What does the term “liable” mean?

What does the term “reasonable person” mean?

What is negligence?

What is strict liability?

How do you know if you have a personal injury claim?

What financial compensation can I get in a personal injury claim?

Hiring the right personal injury attorney

If you’ve been injured, arrested, or sued, you’re probably wondering how much it would cost to hire a lawyer. Or you might not even TRY to hire a lawyer because you just assume that it’s too expensive, or that you could probably get by on your own.  This is, unfortunately, all too common.  In fact, a lot of people who DO hire lawyers have learned their lesson by getting burned the first time. 

The good news is  this – many attorneys offer free consultations.  So, there is no reason, other than a bit of your time, to meet with a lawyer and let them tell you how they could help you.  Also, most personal injury attorneys work on what’s called a ‘contingency fee basis.”  This means you don’t have to have a lot of money to hire a lawyer.  The lawyer will not charge you legal fees upfront, but will take his or her fees out of whatever settlement or award you receive.  Usually, the attorney takes a percentage of the recovery.  And.. if you loose the case, then the attorney doesn’t get a fee either.  Although, keep in mind the costs incurred for the lawsuit are ordinarily the client’s responsibility, either way it turns out. 

Or, another way to think about it is this… what would it cost you NOT to hire a lawyer?  What consequences could you suffer by not having proper legal advice or representation?  While in minor cases, you might be able to successfully resolve the matter yourself, for cases in which anything valuable is at stake (your freedom, your health, your money, your pain and suffering), the consequences of not hiring a lawyer could be devastating. 

Take the example of a debt collections case.  Many people don’t hire a lawyer because they figure they’re already in debt, how much worse could a lawsuit really make it?  Trust me, it can be worse.  Having a judgment for a debt owned and unpaid is another negative on your credit report.  Also, that creditor may have been willing to negotiate if you got a lawyer involved, because a lawyer knows better how to deal with creditors and what risks they take in pursuing a collection against you. 

Another example – getting arrested.  Too often, those charged with crimes try to go it alone, thinking they’ll figure it out as they go along.  Wrong!  Getting a lawyer involved as early in the process is crucial to protecting your rights. Law enforcement, including the prosecuting attorney, are highly skilled at getting criminal defendants to talk.  Most times, you unwittingly say something that ruins your chances of getting a plea deal.  If you have an attorney speak for you, that won’t happen.  Also, an attorney may even be able to get the case dropped or the charges reduced early on… making everything else easier for you. 

Finally, if you’ve been in an accident, most times it is not in your best interest to talk to that nice insurance adjuster.  Their job is to make you think the settlement they offer you is a “good deal”… but the insurance adjuster, no matter how nice they seem, is looking out for the insurance company’s best interest – not yours.  Only an attorney would know what a “good deal” is under the law given your situation. 
 So, please, if you’ve suffered an injury, are facing criminal charges, are involved in a lawsuit, or have any other legal matter pending, don’t possibly jeopardize your rights.   Contact an attorney and ask about an initial consultation.  Only make the decision NOT to hire a lawyer after you know what a lawyer can do for you. 

Good luck!

Just about every injured person is very concerned about the potential damages that could be won in a lawsuit.  The question is even more difficult when contemplating taking an out-of-court settlement or taking the case all the way to trial.  Attorneys are skilled at advising clients about the possible outcomes and perhaps even estimating a damages award.  However, no attorney has a crystal ball and taking a case to trial can certainly be less than predictable.  Lucky for us the U.S. Department of Justice, Bureau of Justice Statistics (BJS), conducted a study of over 27,000 lawsuits in 2005 to determine the trends in civil court lawsuits and awards.

The BJS study is the first nationally representative report about general civil lawsuits before a judge or a jury in state courts.  The report discusses the types of civil cases that usually end up going to trial, the differences between cases tried before judges or juries, the trending in plaintiffs’ win rates, and the median amount of damages awarded.  “Median” is the middle value in the total number of items analyzed.  Thus, half of the lawsuits returned higher awards than the median and half of the lawsuits returned lower awards than the median.  At any rate, it is a useful resource showing the trends in lawsuit verdicts and awards. 

The report shows that plaintiffs won more than 50% of the time in state court civil trials and took home a median damages award $28,000. Less than 5% of all plaintiff winners won an award of $1,000,000 or more.  The median damages award in federal court was reported at over $200,000.  The cases with the highest estimated median damage awards included medical malpractice ($600,000) and product liability ($350,000) cases. Product liability cases and medical malpractice cases have seen the highest increases in jury awards.  The findings were recently published in a BJS press release.  A summary of the findings can be found here.

If you’ve been injured in an automobile accident or by a defective product, if you think you might be the victim of medical malpractice, if you have a real property dispute, or if you have another litigation matter, contact an attorney in your area for more information about your legal options.  The amount of damages you could recover will depend greatly on the specifics of your case.

The holidays are rapidly approaching, and while the economy remains troubled, families across the country are starting to make plans for family vacations. Whether Caribbean, Hawaiian, South American, or even fun-filled Disney cruises, winter cruises can make great cold-weather getaways for families, as they provide a convenient way to gather several family members or friends together in one spot for Christmas, Hanukkah or New Year’s Eve.

Spending a holiday at sea can be a memorable experience, but unfortunately accidents can happen aboard ship that can turn happy holiday memories into painful reminders of a vacation gone wrong. Cruise ship accidents can include food poisoning, assault by crew members or other passengers, sexual battery, slip/trip and falls and other personal injuries.

Cruise ship lines have a responsibility to make sure there are no hazardous conditions on board that can cause injury to its passengers. When cruise ship accidents occur because of poor maintenance, incompetent staff members, inadequate safety equipment, inadequate emergency precautions and/or improperly trained employees, cruise ship owners can be held legally responsible for negligence. Victims of cruise ship accidents may be entitled to damages for pain and suffering, medical bills and lost wages.

For more information on cruise ship liability, or other admiralty and maritime laws, contact an experienced personal injury lawyer in your area today. And if you are planning to take a family cruise this holiday season, get out there and have fun! Just remember that if you or a loved one does incur injuries due to shipboard negligence, you do have legal rights upon the sea.

Are you facing a legal issue?  Have you been sued, or are you wondering about foreclosure?  Did you just have a medical procedure that didn’t turn out as you expected?  Is bankruptcy looming?  What about your family life – are you and your spouse considering divorce?  Do you need to update your will?  Has someone you love been arrested for a DUI? 

These are examples of only some of the most common legal issues.  The fact is we actually deal with the law more than most people think.  More importantly, when we face a legal issue, many of us might not know where to turn for answers.  The legal system can certainly be overwhelming – especially because the consequences are often so grave. 

Since 1994, LawInfo has been providing the public with quality legal resources they can count on.  The idea for the company even came out of the founder’s own legal needs!  How do you find the right attorney?  How do you know the attorneys you contact are in good standing with the state bar association?  What if you want to learn about a legal issue before you talk to a lawyer?  Well, these are the reasons LawInfo was established!  LawInfo has a whole library of information about the most common legal issues including answers to frequently asked questions, articles, legal guides, legal forms, and other information – ALL FREE TO THE PUBLIC!  The really great thing is this – you can also easily find an attorney who will understand your legal needs.  It’s all designed to help the public – help someone find answers they need and find an attorney who can help them. 

Learn more about LawInfo’s Free Legal Resource Center and Find the Right Attorney in your area today!

So you have been injured and are looking to pursue legal action. Hiring the right personal injury attorney for the job 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 newbie, 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 at least 75% of his or her time on the subject matter involved in your case.

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 unreturned phone calls. 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?

Taken from legal horror stories of the past, 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.

For more information about personal injury attorneys, or to discuss your personal injury case, click here.

If you’ve been injured, you’re probably wondering how much it would cost to hire a lawyer.  Some of us don’t even try to hire a lawyer because we’re sure we’d never be able to afford one.  This kind of thinking is especially common when an injured person has already lost money as a result of being injured – via lost time from work as well as upfront medical bills. 

However, don’t be so sure you can’t afford legal help when you need it.  In fact, pretty much anyone can afford to hire a lawyer when they’ve been injured.   Most personal injury lawyers work on a “contingency fee basis.”  With contingency fee arrangements, the lawyer will not charge legal fees upfront, but will take a percentage of whatever settlement or award is obtained for the client, which can range anywhere from 25% to 40% (or more) of the recovery, depending on the type of case, whether it goes to trial, and other factors.  If no recovery is obtained, then the attorney doesn’t get a fee. (Although, keep in mind costs incurred for the lawsuit are ordinarily the client’s responsibility, either way it turns out.)

If you’ve suffered an injury and think you might have a case, don’t wait any longer – contact a personal injury attorney and ask whether he or she takes contingency fee cases.

Ohio medical negligence lawyers, Becker & Mishkind have an impressive record of achieving verdicts and settlements for injuries and losses to our clients caused by medical negligence in cases including those involving catastrophic injury such as traumatic or spinal cord damage, birth injury, brain injury due to deprivation of oxygen, and nursing home abuse and neglect. Attorneys at the law firm include a physician and a psychologist who are uniquely qualified to help demonstrate liability in these difficult cases.

Becker & Mishkind, offer more than ninety cumulative years of experience as trial attorneys, and have the resources to represent your interests effectively against negligent health care providers.

Becker & Mishkind is a personal injury law firm dedicated to professionally, thoroughly and aggressively representing victims of medical, hospital and nursing home negligence. The Ohio medical negligence lawyers represent clients located in Mercer, Auglaize, Logan, Union, Delaware, Knox, Holmes, Tuscarawas, Carrol, Jefferson, Licking, Coshocton, Darke and Shelby counties. Free Consultation! Call today – 888-490-2537

RECENT MEDICAL NEGLIGENCE VERDICTS AND SETTLEMENTS

Secured $25.5 million dollar verdict:

Baby Doe was delivered at ABC Hospital in 1994. Her mother experienced a complication just before delivery that led to oxygen deprivation in Baby Doe. This case had previously been rejected by another prominent Cleveland law firm. At trial, Mr. Becker proved that the hospital failed to follow its own protocol for an obstetrical emergency. Prior to trial, a mock jury was utilized to help focus on the important issues of the case from a lay perspective. During trial, shadow jurors were used to follow the court proceedings. Becker adjusted his presentation during trial to meet the concerns of the shadow jurors as they arose. After two and one-half days of deliberation, the jury awarded $17,000,000.00 to Baby Doe and her parents. Because the hospital failed to make a good faith settlement offer before trial, Becker obtained an additional $8,500,000.00 in prejudgment interest. Baby Doe’s ultimate judgment is one of the largest malpractice medical malpractice verdicts in the history in the State of Ohio.

Secured $7 million dollar verdict:

Medical malpractice case. Client was transferred from the PACU to an unmonitored medical floor without an EKG monitor, without pulse oximetry monitoring, and without continuous blood pressure monitoring. Less than four hours later he was found in cardiopulmonary arrest. The patient experienced a cardiorespiratory arrest that has resulted in anoxic encephalopathy.

Litigated a $3.1 million dollars compensatory, $3 million dollars punitive settlement in a medical malpractice wrongful death case against a hospital.

Wrongful death case. The plaintiff’s decedent, a special needs young adult, developed a need for dialysis secondary to cystic medullary disease. Because plaintiff had to return to work, it was necessary to hire a health care professional to baby sit or otherwise watch plaintiff’s decedent during dialysis. Plaintiff’s decedent had previously demonstrated a tendency to play or fidget or tug at her catheter lines during dialysis if she wasn’t preoccupied. The home health care group, Medlink, hired a convicted felon contrary to Ohio statute to stay with plaintiff’s decedent. On the day in issue, the Medlink employee abandoned plaintiff’s decedent which enabled plaintiff’s decedent to pull out her catheter line resulting in an air embolism and a severe anoxic injury. Plaintiff’s decedent lived for a few weeks thereafter before dialysis was discontinued resulting in plaintiff’s decedent’s death. Prejudgment interest proceedings are pending. Furthermore, the defendant Medlink has appealed to the Eighth District Court of Appeals.

If you have questions about your medical care, don’t wait to get advice!
Free Consultation – 888-490-2537!
Call Becker & Mishkind – Ohio medical negligence lawyers!

It is an honor and privledge to represent our clients and their families. We take each case very seriously and fully understand that our clients have trusted us with one of the most important matters facing them at this time in their lives.

The Louisiana personal injury lawyers at Locke Meredith, Sean Fagan & Chad Dudley aggressively pursues maximum recovery for its clients.  If you or someone you care about has been injured, don’t delay, contact an experienced Louisiana personal injury lawyer toll free at  866-694-8527  for a free consultation.

They handle all areas of personal injury litigation, including the following:

• Wrongful Death
• Brain Damage/Spinal Injury
  
• Automobile Accidents
  
• Burn Injuries
• Nursing Home Negligence
  
• Defective Products
  
• Slip And Falls/ Premises Liability
• 18 Wheeler Accidents
• Railroad Accidents
• Industrial Accidents/Chemical Exposures

The law firm of Locke Meredith, Sean Fagan & Chad Dudley has been successful in litigating for millions of dollars in verdicts, judgments and settlements for their clients. The following is a mere roster of their exceptional settlements:

Brain Damage Case.—An 18-wheeler rear-ended the Plaintiff’s truck, causing severe brain damage, paralysis to the right side of his body and injuries to his spine and eyes. $19.4 million judgment.

Chemical Exposure Lung Damage Case.—Plaintiff suffered severe lung damage by exposure to toxic chemicals at an industrial facility. $8.4 million judgment.

Brain Damage Case.—The Plaintiff suffered brain damage when struck in the forehead by flying debris in the explosion of a metal spigot, during testing of company piping. $5.4 million judgment.

Brain and Lung Damage.—Plaintiff suffered severe injury to his brain and lungs following exposure to toxic chemicals while on the job, rendering plaintiff permanently disabled. $3 million judgment.

Severe Spine and Disc Injury.—While working on a ship, the plaintiff suffered severe spine and disc injuries due to the captain’s negligence, which caused the ship to wreck. $1.75 million settlement.

For a free initial consultation at(866) 694-8527, contact Louisiana personal injury lawyers Sean Fagan & Chad Dudley to begin your consultation.

He is located in Seattle and on Vashon Island, Washington serving the greater Seattle area, including Renton, Kent, Bellevue, Redmond, Woodinville, Bothell, Kirkland, Shoreline, Edmonds, Lynnwood, Everett,Tacoma, King County, Snohomish County and Pierce County.

His practice emphasizes close personal attention in claims for:

• Personal Injury
• Wrongful Death
• Medical Malpractice
• Traumatic Brain Injury
• Spinal Cord Injury
• Burn Injuries
• Vehicle Accidents
• Construction/On-the-Job Accidents

Personal Injury Client Testimonials

“Mere words can’t express the gratitude we feel for all of your efforts on our daughter’s behalf. May you continue to bless your clients with the expertise you’ve shown Cheri. We remain forever grateful!”

- Connie and Paul Stevens

“You have surprised me as a lawyer and as a human being. My lack of understanding of how the legal system works made me worried about talking to a lawyer. I expected to find a lawyer who would be cold and without compassion. I expected to find a lawyer who would try to take advantage of my situation. Instead, you were able to understand my frustration and my weakness. You handled my case and my mother’s case with delicacy and sensitivity. Not only do I feel that I could put my trust in you, but you have been my champion and my gladiator.”

- Ig. Sogol

Contact Seattle personal injury lawyer, David S. Vogel toll free at 866-435-1687