Category: Personal Injury

What is My Personal Injury Case Worth?

Personal Injury Lawyer in West Palm Beach, FL

After an injury, one of the first questions most people ask if they decide to file a lawsuit against the person or entity that was negligent is, “What is my claim worth?”

The most important thing those who are filing a claim need to understand, however, is that every case is different, and it is very difficult to put a price on an injury.

“This is often difficult to evaluate early on, because generally speaking, people have to treat with a doctor for months and months before their injury stabilizes and the doctor can give a prognosis for this future,” says Florida-based attorney Eric H. Luckman, P.A. ”So all these moving parts go into making up the value of an injury case and it is oftentimes very difficult to determine the value of the case early on.”

That’s not to say there haven’t been attempts to do so.

Certain injuries such as amputations have a certain set monetary value, although that value is often tied to salary if the case is a workers’ compensation case.

Calculating damages in general

Liability and damages are the two parts that make up a personal injury case.

If one person or business is 100 percent liable for your injuries – the driver in a car accident, or the business that failed to put safety features in place that may have prevented your injury, for example – that person or entity will cover 100 percent of the damages. If you are in any way at fault, however, that will reduce the value of your case, and any potential settlement you might receive could be reduced or rejected entirely, depending on the state in which you live.

Damages include both economic and non-economic losses.

Economic losses are tangible, such as medical bills, property damage, out-of-pocket expenses and lost wages, which can be determined by adding up current bills and estimating future bills and future earning potential.

Non-economic losses, however, such as pain and suffering, emotional distress including post-traumatic stress disorder, loss of consortium (the companionship of a spouse or partner) and loss of enjoyment of life are much more difficult to price, and in many cases, more costly because who can put a price on pain and suffering, especially after a life-altering accident?

What impacts damage estimates?

There are several different aspects of a personal injury that will help influence the outcome of a settlement.

Potential damages will be determined by:

  • The severity of your injuries.
  • The medical treatment you received, and how much more you will need.
  • Whether or not you required surgery, since surgery usually increases the value of your settlement.
  • The prognosis of your injuries. Are you expected to make a full recovery, or will there be complications?
  • The impact your injury has had on your daily life.

Honestly, there isn’t any certainty about the worth of your claim until an insurance company makes an offer, or a jury determines a settlement.

To find out more about your personal case and to get an expert opinion from a personal injury lawyer in West Palm Beach, FL, call a law office today.

Contact Luckman Law for their insight into personal injury claims and what your case is worth.

Will My Asbestos Suit Take Forever?

Personal Injury Lawyer

Dealing with an asbestos-related illness is stressful enough without having to worry about things like bills, medical care, and when you can get a settlement to help with all of it. The sooner you can get the money you need to cover day-to-day expenses the sooner you can shift focus to healing physically and mentally. The good news is with the right asbestos lawyer, your case doesn’t have to be a drawn out one. The trick is making sure you choose an attorney with strong experience in representing your type of case and getting people like you the money they deserve for their suffering. While there’s no set timeline for how long an asbestos lawsuit can take, the right attorney can play a big role in expediting things.

Asbestos Litigation

Whether you end up in court or reach a settlement, an asbestos case can have unique challenges. One reason is that mesothelioma, the main illness associated with asbestos exposure, may not show up until 40 years after the fact. Plaintiffs in these cases may have very short statutes of limitations but the typical case can be full of lengthy legal proceedings. Courts realize, however, that asbestos-related illnesses can be very serious and most have prioritized settling these cases as quickly as possible – but that only works if you have a good attorney by your side. Some of the main steps that your attorney will take include:

  • Confirming things like your diagnoses and the nature of the asbestos exposure
  • Filing your claim in the proper court
  • Talking to your previous employer
  • Reaching the best settlement for you

Mesothelioma cases nearly always result in a large settlement, but an attorney experienced in expediting such cases is key to ensuring you and your family are promptly compensated. Hire the wrong attorney and you could leave hundreds of thousands of dollars on the bargaining table.

Expediting Your Asbestos Case

Mesothelioma is a serious illness with a swift and high mortality rate. Because of this unfortunate truth, courts will often empower an asbestos attorney to get their case heard quickly. The goal is to get the victim compensation for their current bills and help secure their family’s future. Exposure the asbestos can take decades to manifest, but can quickly take your health downhill. If you’re coping with mesothelioma and looking at a mountain of medical bills, now is the time to reach out to an experienced personal injury lawyer in Charlottesville, VA. Your peace of mind is worth it.

Thanks to MarinWren, P.C. for their insight into personal injury claims and asbestos suits.

Your Case Can Become A Casualty of Social Media

Personal Injury Lawyer in West Palm Beach, FL

If you’re in line with the majority of the population, you likely have a social media profile, either on Facebook, Instagram, Twitter or any of the other platforms that give friends and family a curated glimpse of your life.

Maybe you’re a social media addict, and have a profile on all of them.

According to numbers from the statistics gathering site Statistica, as of 2019, 79 percent of Americans report having some kind of social media profile, which means there are plenty of people who are sharing personal information on such platforms.

And while you may think your communications on social media are fairly private posts between you and your family and friends, viral news items prove that they are anything but.

What social media can cost

There have been countless instances in recent years where a careless social media post has led to job loss – or the failure to land a job, even after a glowing interview – for people who didn’t think about who other than family and friends might see those posts.

Social media is one of the many sources anyone who needs to find out information about you will turn to, and one wrong post can have devastating results.

Careers aren’t the only things that can be negatively affected by a social media post.

If you have filed a personal injury, medical malpractice or workers’ compensation claim, social media can seriously damage your case if you’re not careful.

A careless Instagram shot or a few thoughtless words posted on Twitter – you check into a gym, for example, after filing a claim that an injury has limited your activity, even if you only went to use the steam room – can blow up a personal injury case, especially if it provides evidence that suggests you might be capable of doing more than you may have indicated when filing your claim.

And if a defendant alleges that you faked an injury in a personal injury claim against them, don’t think that opposing attorneys or insurers won’t use your social media accounts to their advantage if they can.

Remember, social media is public record

If you’ve filed a personal injury claim or another type of suit, before you post anything to social media, it’s important to remember that such platforms are considered public record, and anything you post to your pages can legally be collected as evidence.

If existing posts, such as before and after photographs, for example, work in your favor by providing evidence of damages, social media can be beneficial.

But it’s important to understand that many of the things you post – including posts about your injury, which might offer details that are different than those presented in a deposition, for example – could undermine your case.

It’s also important to be wary of deleting photos or deactivating your accounts to prevent them from being used as evidence, because those posts and photos aren’t gone, and attempts to erase them may make it appear as though you are trying to hide something. Like deleted emails or other information, social media posts can be recovered if necessary, so you are better off if potentially damaging posts don’t appear on your social media pages in the first place.

As a rule of thumb, if you’ve filed a personal injury claim, avoiding social media, or being particularly judicious in anything you decide to post, can be your best defense – as well as consulting with a personal injury lawyer in West Palm Beach, FL.

Contact The Law Office of Eric H. Luckman, P.A. for their insight into personal injury claims and social media.

Determining If Your Personal Injury Claim Covers Chiropractic Treatment

Chiropractic Care

When it comes to a personal injury claim, you want to ensure you have the evidence necessary to support the claim and support the type of treatment that you received. Especially when someone else’s negligence caused you to be injured in your back, neck, or shoulders, it is not uncommon at all for the victim to seek treatment in the form of chiropractic care. So, if you were recently injured and you are seeking medical help from a chiropractor, you should speak with your attorney about what you will need from you chiropractor in terms of documentation to help support your personal injury claim. Many chiropractors are used to working with attorneys and with their patients to support this type of claim. If you would like to speak with a chiropractor about this now, set up your first consultation and see how they can help you on the road to recovery.

What do you need to prove with chiropractic treatment?

When you want the defendant in your personal injury claim to pay for your treatment after they caused you to become injured, you and your attorney must show that your medical expenses were necessary and that the form of treatment you sought helped you specifically after the accident. You may get chiropractic treatment after your accident but the jury deciding on your claim may not believe that the specific treatment you received was necessary to help you recover. When you go to your chiropractor, you will want them to document as much information as possible about your injuries. This can include things like:

  • What your symptoms are after the accident.
  • What x-rays show regarding your injuries.
  • The treatment plan they devised and provided.
  • A clear and detailed bill showing the cost breakdown of your treatment.

If your chiropractor is unable to provide clear and detailed records regarding your treatment, a jury may not deem that specific type of treatment as necessary, and thus they may not award you the money you need for your medical bills.

It is also possible to speak with your attorney about getting an expert witness to testify on your behalf and discuss why that specific chiropractic treatment was necessary for your injuries if the medical treatment is contested.

Will a jury consider chiropractic expenses to be medical expenses?

The question should not lie in whether or not chiropractic care is considered a medical expense. However, the question typically comes up because chiropractic care can add up to be large expenses, especially when you need to go back for recurring treatment after a personal injury. Many times, chiropractic treatments happen multiple times a week over the course of many months. So, a jury may believe that a certain amount of chiropractic treatment is necessary, but potentially not all of it. When this happens, they may only make the defendant pay part of the bill.

If you were injured because of someone else’s negligence and are seeking compensation for your chiropractic care in Gaithersburg, MD expenses, reach out to a chiropractor to see how they can help you with your claim.

Thanks to Pain Arthritis Relief Center for their insight into chiropractic care and personal injury claims.

Personal Injury Lawyer FAQ: What are Considered to Be Unethical Insurance Practices?

Personal Injury Lawyer

Insurance is meant to protect the policyholder and others from extensive financial losses. However, it is possible for an insurance company to engage in practices that only serve their interests, and could be considered unethical practice. As a personal injury lawyer, we have known of cases that have involved the following unethical practices:

Failure to Communicate – If the insurance company does not notify you when it makes a decision regarding a claim, fails to return your emails or calls, it may be an ethical practice.

Purposely Delaying a Settlement – An insurance company who does not settle in a timely manner, and without good reason, may not be engaging in fair practices. They may do this with the hopes that you will give up or forget about the settlement.

Unreasonable Requests or Demands – Typically this practice will be connected to the delayed settlement. The insurance company might ask of you unpractical or unreasonable demands in order to stall the claim. For example, they might tell you that a large number of documents must be submitted before the claims process can begin. If you don’t meet their demands, they might tell you that they will deny the claim.

Modifying or Voiding the Policy – Sometimes an insurance company will abruptly change a policy after a claim is filed. After, they might cite the policy as the reason why you won’t receive a settlement.

Improper Investigation – Insurance companies will almost certainly investigate a claim after it has been filed. If the company practices illegal methods of investigation or those that are otherwise unethical, it may not only constitute an unethical practice but could be illegal.

Withholding Important Information – It is the duty of an insurance company to disclose all relevant policy information to you; this includes the limits.

Conflict of Interest – In rare scenarios, an insurance company will handle your claim and that of the other parties. This could result in a conflict of interest and other potentially hazardous situations; such as bribery.

A Very Low Settlement – If the insurance company is offering you a settlement that is exceptionally low, and at the same time making up excuses or threatening you in one way or another, it may be a form of unethical practice. You should politely decline and talk with a personal injury lawyer.

Making Threats – If at anytime the insurance company is threatening you or verbally insulting you, it is unethical.

Identifying Unethical Practices By an Insurance Company

Most insurance companies will not engage in the above practices, but there is a small number who do. In general, every form of communication made between you and the insurance adjustor should be in writing. This begins with policy quotes. If at anytime there are changes in your policy, you should be notified and receive an endorsement summary. It is also important to understand your rights as a policyholder. If at anytime something does not seem right, you should consult a lawyer. Finally, following any accident involving negligence it is advisable to ask a personal injury lawyer Milwaukee, WI trusts to review your case before making any rash decisions.

Thanks to Hickey & Turim, SC for their insight into personal injury law and dealing with unethical insurance companies.

Insurance coverage for dog bites?

You were attacked and bitten by a dog, either while at someone’s home or off the dog owner’s property. Your injuries are serious and the dog owner tells you not to worry because their homeowner’s insurance will cover claim. Can you rest easy? Are all your bills and lost wages going to be taken care of? What about all your pain and suffering, mental anguish and loss of enjoyment of life? Are you going to be compensated for this? Continue reading “Insurance coverage for dog bites?”

Possible Cancer Risks from Chemical Dispersants Used by BP in Oil Spill

water and oil.jpgOur Florida toxic injury lawyer is well aware of some of the consequences that follow from major oil spills. These include things like high wildlife mortality rates, tarballs washing up on beaches, and imbalances in ocean and beach ecosystems. In addition to these problems, there are also other serious dangers, not just to wildlife, but to human life.

During the now-infamous BP oil spill that occurred in 2010, many concerns were raised about how the massive amounts of oil that leaked into the Gulf of Mexico every day for months would affect the health of people, especially those living in the coastal states, like Florida. Toxins that are released into the ocean can leach into the groundwater and eventually become part of the drinking water supply. When that happens, the results can be absolutely catastrophic. Depending on the type of toxins involved, it is possible that people may not even realize that they are drinking contaminated water until it is too late, and they have already contracted some kind of disease. Because it may take time to realize the water is not safe, a great number of people could be affected by the contamination before the problem can be remedied. Continue reading “Possible Cancer Risks from Chemical Dispersants Used by BP in Oil Spill”