In the United States alone, around 150,000 people die of accidents and over 3 million experience non-fatal injuries yearly. Accidents do not only produce financial strain to the victims but also induce physical pain and emotional suffering. While most effects are temporary, the alteration of someone’s life is not to be taken lightly. Hence, it is important to seek professional help in dealing with personal injury cases to ascertain that your needs are taken care of while you focus on recovery.
Although it is easy to compute how much the assailant needs to pay for medical bills, putting a value on pain and suffering can be a bit tricky. If you are wondering how your personal injury lawyer will compute the appropriate compensation, you may find the following pieces of information helpful.
How Is The Value Of Compensation Determined?
If you sustained injuries because of someone’s negligence, you can file a civil lawsuit to defend your right to fair compensation. You need to seek an experienced and reputable personal injury lawyer in Burlington immediately. The right lawyer will assess your situation and discuss if you have a case, including the valuation of your pain and suffering.
The following damages are considered in settling for compensation.
- Economic Damages
In personal injury law, economic damages are the financial loss suffered by the victim due to sustained injuries. It includes every cent lost due to direct and indirect damages that your personal injury lawyer in Burlington will assess.
Direct damages are the immediate result of the accident attained during the accident. They include medical bills, property loss, and the expenses for rehabilitation.
Indirect damages are problems that arise from the severe bodily injuries that the victim sustained, not from the actual accident itself. These include earning capacity loss, lost wages, and loss of productivity and independence.
Economic damages somehow impact the extent of the victim’s suffering as monetary loss oftentimes affects the capacity to live a worry-free life. With financial strain at hand, a victim can ultimately experience emotional distress.
- Non-Economic Damages
The non-economic damages may include mental anguish, loss of companionship, disfigurement, permanent disability, loss of sight, and more. While the laws may vary from one state to another, non-economic damages cannot be ignored and should be compensated accordingly.
Remember that non-economic damages depend on how the accident happened. For example, a slip and fall results to a different compensation compared to medical malpractice.
In some states, there is a limit to how much non-economic damages can be grated. In others, there are none. Hence, it is important to consult a good lawyer to help you in mitigating complicated issues regarding your case.
- Punitive Damages
Punitive or exemplary damages are compensated to specifically punish the defendant. They accompany other types of damages and are usually called for when the initial compensation is insufficient. This usually applies to large companies or entities that have been proven guilty of negligence.
The defendant pays punitive damages for negligent behavior against the victim, such as drunk driving that caused the accident or selling substandard medical devices. In both examples, the defendants made a conscious decision to commit harm to others.
Methods Of Calculation
Computing the settlement value vary from state to state. In Burlington City, insurance companies determine the settlement value for pain and suffering by multiplying the damages to a certain extent, such as lost wages and medical expenses. Then, the insurance company negotiates on how much of it they can bear. For example, a person who suffered the loss of limbs and had to pay USD$10,000 in medical bills and loses the same amount in salary payments can multiply USD$20,000 by three. The settlement amount will result in USD$60,000.
Your lawyer can also calculate the settlement amount per diem or daily basis. They can use an amount that should be comparable to what the victim gets paid per day at work. For instance, the daily compensation of USD$100 can be multiplied to the days needed for recovery. If the victim requires a year or 365 days to heal, then they will receive USD$36,500 as compensation.
Some insurance companies use computer software to determine the settlement amount by encoding factors such as the injury type and medical treatment. The level of severity of the injuries can also affect the total amount.
Evidence Used To Calculate Compensation On Pain And Suffering
Lawyers will review different types of evidence to help determine the compensation amount for accident victims. They are necessary in supporting the initial claim and in expediting the process.
- Medical Records
Your lawyer will look into your medical history as they provide the necessary information, such as past injuries, treatments, and rehabilitation. Remember that the other party will try to argue that your pain and suffering are not their fault, and presenting hard evidence of the injuries they have caused is vital in strengthening your claim.
In certain cases, your lawyer can suggest that your current injuries worsened the existing ones. Moreover, the prescription medicine that you take can affect the compensation as medication implies the treatment of distress and discomfort. For instance, anti-depressants and mood stabilizers can strengthen your claim for emotional distress.
- Medical Bills
A record of the medical bills incurred to treat injuries can influence the calculation of pain and suffering. The medical bills are evidence of financial loss from the negligence experienced by the victim and their family.
Medical expenses include costs from ambulance use, clinic or hospital dues, physician fees, laboratory expenses, and other costs from services related to treating injuries. Even proof that you cannot meet specific medical payments as a sign of your hardship can be used in your personal injury case.
- Police Reports
Reports filed by the authorities are also valuable beacons that could shed light on the accident’s severity. The official police report could contain accounts of witnesses that can prove negligence. It is important to note that the report must be consistent with the medical records to support injury claims.
Your lawyer could use many other pieces of evidence to calculate your settlement amount. Those mentioned above were only the most common in investigations.
Lawyers consider various factors to determine the amount of compensation you need. Whether the damages are economic or non-economic, you need to account all of them to arrive at an agreeable compensation. By supplying your legal team with the necessary evidence, you can ascertain that the sum of payment you will be receiving will be enough to cover your needs while you heal.
While accidents cannot always be prevented, knowing that you can be compensated for your pain and suffering helps in dealing with the unfortunate ordeal and can lead you back on track.
Tips for Working With Your DWI Attorney
If you are facing a DWI charge, it is important to hire a skilled and competent lawyer to safeguard your rights and assist you through the entire process. Equally important is understanding how to effectively work with your attorney to get the best possible outcome. In this article, we will discuss various ways to foster a good working relationship with your lawyer and explore some key roles and responsibilities of a DWI lawyer.
Understanding What a DWI Attorney Does
Facing a DWI charge can be incredibly daunting. An experienced DWI attorney Austin Texas uses their knowledge of the law to defend you against such charges. They guide you through the legal process, working vigorously to challenge the prosecution’s evidence.
Furthermore, a DWI lawyer will explain your options, court procedures, and potential outcomes of your case. This helps you make informed decisions throughout your case.
It’s also important to note that a DWI lawyer is your advocate and is bound by the rules of professional conduct to act in your best interests.
Finally, in addition to representation in court, a DWI attorney might negotiate a plea deal with the prosecutor on your behalf or help you apply for alternative sentencing options where possible.
The Importance of Clear Communication With Your Attorney
Open communication is the foundation of a great working relationship with your attorney. You need to discuss your case openly and honestly with your lawyer to ensure they fully understand your situation.
Necessarily, an accomplished attorney will take time to explain all the complexities of your case and the legal terms involved. This helps you comprehend the gravity of your case and thus, make sound decisions.
Your attorney should also be readily available to address your concerns at any juncture. They should be responsive and empathic while guiding you through this emotional ordeal.
To facilitate optimal communication, it’s advisable to write down all your questions or concerns ahead of your meetings. This ensures you don’t miss any crucial details.
Gathering and Sharing Relevant Information
Your DWI attorney needs all the relevant information pertaining to your case to mount a robust defense. This includes police reports, eyewitness accounts, and any other details surrounding your apprehension.
You should also inform your lawyer about your previous criminal history if any, as this may affect your sentencing or the prosecutor’s willingness to negotiate a plea deal.
In addition, it’s also essential to tell your lawyer about any other concurrent legal issues, such as divorce or child custody battles. These can greatly complicate your DWI case and should be addressed as part of a comprehensive legal approach.
Remember, any information you share with your attorney is confidential and solely used to help your case.
The Role of Honesty in DWI Cases
Honesty is crucial when working with your DWI attorney. Your lawyer’s ability to defend you effectively is contingent on the accuracy and completeness of the information you provide.
If you withhold information from your lawyer, it may suddenly surface in court and weaken your defense. Therefore, being forthright with your lawyer might be the first step towards a successful outcome.
Besides, an attorney can only counsel you correctly, knowing the whole truth. This does not mean they endorse or approve your actions; rather, they are better positioned to protect your interests.
Recall that all the information you relay to your attorney is kept confidential under the attorney-client privilege. Consequently, you should feel comfortable discussing all aspects of your case with your lawyer.
Overall, a good working relationship with your DWI attorney is significant to your case’s success. Clear communication, honesty, and active participation in your defense enhance this relationship. Remember, your attorney is your advocate and collaborator. Working together efficiently can help you navigate the complex legal process with relative ease and confidence.
Lerner & Weiss: Your Trusted Partner in Los Angeles Business Law
Legal disputes in business are quite commonplace. Whether you have well-defined relationships or thoroughly drafted contracts, as a business owner, you are likely to encounter a dispute at some point during your business’s life cycle.
Depending on its complexity and the relationship between the disputing parties, a dispute may either be easily fixed, be negotiated after lengthy meetings, or even end up in the courtroom.
Whatever the complexity and nature of the dispute, the lawyers at Lerner & Weiss are equipped to deal with your business law queries. A full-service business law firm in Los Angeles, the firm was founded in 1980, and since then, it has assisted thousands of individuals and businesses in resolving issues related to Los Angeles business law. It’s led by Leonard Lerner and Michael Weiss.
Lerner is a skilled litigator who has seen countless successful courtroom days throughout a practice spanning more than four decades. Weiss, a powerful negotiator, has a reputation for relentlessly advocating for his clients’ interests.
What sets Lerner & Weiss apart from their competition is the firm’s spirit of collaboration.
The firm’s lawyers are experienced and knowledgeable about the unique issues in Los Angeles business law and the challenges faced by the local business community. They leverage this insight to craft the best business solutions and legal strategies. Some of the matters that they have developed expertise in are listed below.
Business Formations, Contracts, & Operations
Lerner & Weiss supports businesses at every stage, from formation to dissolution. When forming a business, it’s vital to have the right structure in place, as that will have wide-ranging legal, financial, and tax implications. Based on your needs, the firm’s lawyers will propose the best business structure for your company. Some of the most common business structures are sole proprietorships, general partnerships, limited liability partnerships (LLPs), joint ventures, C-corps, and S-corps. When their client is purchasing a new business, the lawyers at Lerner & Weiss expertly conduct due diligence to eliminate future surprises.
Breach of Contract
Contracts are part and parcel of carrying out business and are often used to clearly define the legal relationship between two parties. Disputes arise when parties differ in their interpretation of obligations or when one party has breached the contract’s terms. The legal team drafts clear and strong contracts that prevent problems related to interpretation. Should a contractual dispute occur, the firm’s lawyers strive to resolve it amicably, pursuing legal action when necessary.
Commercial Receivables Management Services
A crucial part of business is being able to collect your receivables on time. Outstanding debts, when not collected promptly, can create financial hardship, making it difficult for the business to sustain itself. Lerner & Weiss offers a commercial receivable management service to its clients. This service allows clients to focus on their business while the legal team utilizes all the legal methods at their disposal to recover receivables owed to the clients.
Partnership & Shareholder Disputes
As mentioned above, conducting business carries with it an inherent risk of a dispute. If you have a partnership or shareholder dispute, the legal team can help you navigate it with certainty and avoid costly litigation. However, should litigation be necessary, the team will leverage their combined experience of 60 years to formulate effective litigation strategies that ensure the best possible outcome for their clients.
If you are a business owner who has a query about Los Angeles business law, please contact the law offices of Lerner & Weiss. Their lawyers will be happy to speak to you and to assist you in achieving your business goals.
6 Common Types of Personal Injury Cases
Accidents happen, and when they do, they can lead to a wide range of personal injuries. These injuries can be physically and emotionally distressing, causing pain and suffering that can last a lifetime. In such cases, it’s essential to understand your rights and options, which often involve seeking legal help from a personal injury attorney. In this article, you will be able to find information on the six most common types of personal injury cases, shedding light on the situations where you might need the expertise of a personal injury attorney.
Car accidents are among the most prevalent causes of personal injury cases. From minor fender benders to severe collisions, they can result in various injuries, such as whiplash, broken bones, or traumatic brain injuries, which need to be addressed. In cases where the accident was caused by another driver’s negligence, an experienced personal injury attorney in Atlanta or near you can help you pursue compensation for medical bills, lost wages, and pain and suffering on your behalf. This can help you financially while dealing with any aftermath of the accident.
Slip and fall accidents can occur in various settings, including stores, restaurants, or even private residences. Property owners have a legal duty to maintain safe conditions for visitors. If you slip and fall due to a hazardous condition on someone else’s property, such as a wet floor or uneven pavement, you may be eligible for compensation from that property owner. A personal injury attorney can assist you in establishing liability and seeking damages for your injuries and assist you with any court proceedings that might arise.
Medical professionals are expected to provide a standard of care when treating patients. However, medical malpractice can occur when doctors, nurses, or healthcare facilities fail to meet this standard, resulting in harm to patients. Cases of medical malpractice can involve surgical errors, misdiagnoses, medication errors, or birth injuries. A personal injury attorney can help you navigate the complexities of medical malpractice claims and seek justice for your suffering. Medical malpractice suits can be a lengthy process though. Therefore, having counsel in your corner can help you through this giving you a better outcome on your case.
When a defective or dangerous product causes injuries, the manufacturer or distributor may be held liable for damages. Product liability cases can include everything from faulty car parts and contaminated food products to defective medical devices. Personal injury attorneys can assist you in identifying responsible parties and pursuing compensation for the harm caused by a defective product being your advocate and fighting for you.
Dog bites can lead to severe physical and emotional injuries, especially if the victim is a child. In many cases, the dog owner is legally responsible for the actions of their pet. An attorney experienced in personal injury cases can help you determine liability and seek compensation for medical expenses, pain, and suffering resulting from a dog bite. These cases can be tricky to a degree, but that is why these attorneys are important to make sure you have a case.
Workplace accidents are common, and they can result in a wide range of injuries, from minor cuts and bruises to catastrophic injuries. In Georgia, workers’ compensation laws provide benefits to employees injured on the job. However, there are situations where a third party, such as a negligent subcontractor or equipment manufacturer, may also be liable for your injuries. In such cases, a personal injury attorney can help you explore all available avenues for compensation rather than merely relying on workers’ compensation benefits.
Personal injury cases encompass a wide array of situations, each with its unique set of challenges and complexities. If you’ve suffered an injury due to someone else’s negligence or wrongdoing, it’s crucial to consult with a qualified personal injury attorney to protect your rights and pursue the compensation you deserve. Whether you’ve been injured in a car accident, a slip and fall incident, due to medical malpractice, a defective product, a dog bite, or a workplace accident, legal assistance can make a significant difference in your ability to recover physically, emotionally, and financially from the ordeal.
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