Personal injury occurs to many people throughout Los Angeles, California on an annual basis. Your first move, of course, should be to seek medical attention, even for the smallest of injuries. Many overlook or neglect minor injuries as not being serious enough for medical treatment. Unfortunately, many also experience severe problems later on with injuries that seemed small when they first occurred. Once your injuries have received the attention of medical professionals, you, like so many others, may not know what comes next. An experienced personal injury lawyer can help you determine the steps to take in your personal injury claim. His or her legal counsel can be immeasurably important in calculating your personal injury settlement.

If you’re unsure of what circumstances constitute a personal injury, your personal injury lawyer will be able to inform you as to whether or not your claim is valid. Personal injury claims can be considered for a multitude of injuries in an assortment of places, including injuries received at work, in your own home, or community setting, just to name a few. Whether you are aware of it immediately or not, many times personal injury can also be a result of negligence. If you’re unsure if your personal injury is a direct consequence of negligence, consult with your personal injury attorney. He or she will be able to decide if your circumstance can be accurately established as a negligent personal injury claim.

When you speak with a personal injury attorney or law firm regarding the injuries you have received, you will be guided through the process of reaching a settlement for your claim and notified of all your legal rights. If you have been unfortunate enough to receive injuries directly or indirectly caused by the neglect of another person or entity, your personal injury lawyer will help you reach a just settlement to pay for your medical costs. The amount of your settlement will depend on the extent of your injury. Therefore, it is incredibly important to obtain a knowledgeable personal injury lawyer to instruct you in your legal proceedings so you can receive the compensation you merit.

Some personal injury victims find that they are unable to work for a time because of the injuries they have received. If you find yourself in continual pain as you work, immediately contact a medical professional to determine any lasting or unresolved problems you’ve obtained from your injuries. If as a consequence of your injuries you are unable to work, more than just medical bills can begin to accrue during your court proceedings, including your mortgage payments and utility costs. Some find it necessary to receive additional help in the form of loan financing. Settlement loans can help you pay your medical fees and everyday expenses as you await your settlement funds. After your settlement funds are dispersed, you will no longer need to worry because the loan will be repaid upon settlement.

Joel McLaughlin
Learn more about LA California Personal Injury Lawyer
Read the original article.

Article Source: Contact a Los Angeles Personal Injury Lawyer Today to Settle Your Claim

What is a Board Certified Personal Injury Trial Law Attorney?

What does it mean to be a board certified personal injury attorney? The public is constantly exposed to television commercials in which attorneys state that are (or are not) board certified in personal injury trial law. Does board certification mean that a lawyer is better than one who is not? Is board certification easy to obtain?

Board certification does not guarantee that an attorney is better than one not board certified. What it does mean is that the attorney met the requirements for certification, made it through the evaluation and peer-review process and passed the exam. All applicants for any board certification in Texas must be members in good standing with the Texas State Bar Association. They must have been practicing law for at least five years and must disclose any prior disciplinary sanctions or criminal convictions.

To be eligible for board certification in personal injury trial law, the attorney must demonstrate his or her substantial involvement in personal injury trial law, provide professional references that can attest to their competence and pass a written examination.

Substantial Involvement

The Texas Board of Legal Specialization requires that board certification candidates show that during the three years prior to their application they have devoted at least 25% of their practice to personal injury trial law. Furthermore, they must have tried at least 10 contested civil cases submitted to the trier of fact (judge or jury) of a court of record (above JP court) in Texas. At least five of the cases must have been personal injury jury trials. The Texas Board of Legal Specialization defines Personal Injury Trial Law as including,
“By way of inclusion and not limitation, personal injury litigation automobile and other vehicular accident reparations, worker’s compensation; other governmental claims; professional malpractice; products liability, statutory claims; social security claims; insurance contract claims; or any negligent or intentional tort.”
Thus the practice of personal injury trial law is broadly defined to include any claims for damages resulting from intentional or negligent conduct.

References

To be eligible for board certification, the candidate must submit references to vouch for their competence in personal injury trial law. Four must be lawyers – one of which must have tried a case against the applicant. The fifth must be a Texas judge before whom the applicant has appeared as an advocate in a personal injury trial law matter.

Examination

If the applicant makes it through the application process regarding showing substantial involvement and providing adequate references, he or she may be permitted to sit for the day long examination in personal injury trial law administered by the Texas Board of Legal Specialization.

If they make it through the application process and pass the examination, board certified lawyers must maintain their active involvement in personal injury trial law and participate in additional continuing legal education courses.

Michael P. Fleming, former Harris County Attorney, is board certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. AV Rated.
http://www.flemingattorneys.com

Article Source: What is a Board Certified Personal Injury Lawyer?

Have you ever wondered who needs personal injury lawyers? You may be surprised how many people could use the help of such a professional. Many people have had experiences in their lives that, if they had contacted an attorney, would have been much easier to manage than they have been. A lawyer cannot make your experiences go away, but they can help you get the compensation that you deserve if you have suffered injury or loss due to the actions or inactions of another person or entity.

The people who need an Arizona personal injury attorney are those who have been involved in vehicular accident that was not their fault. Many people who are involved in these accidents find that they lose a lot in the way of material belongings, time with their family, money because they have to seek medical attention, and time at work. The result is that the accident costs them a lot and when they start battling the insurance companies they decide to just give up and pick up the pieces of their life that are left and try to move on. The fact of the matter is that with the help of an attorney they don’t have to give up, they can get what is owed to them.

In Arizona, people who have suffered injury to action, inaction, or negligence of another person need the help of an Arizona personal injury lawyers. If you have been hurt or have suffered losses because of the actions or inactions of another person or entity, than you should be able to seek compensation for your losses. When you try to do this on your own you may find that people will just not deal with you, but you don’t have to settle for this. You need to get some professional help, someone who can help you navigate through the legal system so you get what is owed to you.

It can be really intimidating to try to get what is owed to you for an injury or accident that was not your fault, but you don’t simply have to give up. You can get the help of a Scottsdale personal injury lawyer, or one that lives in your neighborhood to help you get through it. You will be surprised how much more quickly people respond to your demands for repayment of your losses when you have a qualified lawyer by your side. There are great personal injury lawyers in all areas of the country, so be sure that you get someone by your side as you navigate the legal system and get what is owed to you! When you have missed work, gone through a lot of pain, and have had to spend your own money to recover, you are owed compensation!

Caitlina Fuller is a freelance writer. The people who need an Arizona personal injury attorney are those who have been involved in vehicular accident that was not their fault. You can get the help of a Scottsdale personal injury lawyer, or one that lives in your neighborhood to help you get through it.

Article Source: Who Needs a Personal Injury Attorney

More and more citizens are becoming the victims of personal injury everyday in Los Angeles, California, and you may have become the latest victim of a growing problem. Personal injury claims, which can be both physical and psychological, can fall under a number of categories, including injuries incurred at work, automobile accidents, assault claims, and many more. If you have been the victim of any type of personal injury in Los Angeles, you will undoubtedly be in need of a reliable and reputable lawyer to help you get a fair settlement. When choosing a reliable and reputable Los Angeles lawyer to help, you need to ask yourself this question: What are the most important qualifications I should be looking for in the attorney who will represent me and my claim?

The most important qualification your Los Angeles lawyer should possess is experience. The most qualified and proficient legal representatives have a sufficient amount of real-life experience in the courtroom defending clients who have been injured in any and all types of personal injuries. Though some Los Angeles personal injury victims receive adequate settlements outside of the courtroom, many do not, making it crucial for you to find an assertive attorney who will fight for you and the settlement you deserve.

Finding a lawyer than specializes in personal injury cases in Los Angeles is another crucial qualification to winning a fair settlement. These lawyers will have an ample amount of past experience in court representing a number of victims in situations similar to yours. Your Los Angeles personal injury attorney will also have the knowledge and background necessary to know how much your claim is worth and how to get the settlement you deserve as quickly as possible.

Finally, it’s important to find a lawyer who you can trust to care about your case. Getting involved with an attorney who isn’t as empathic and passionate about your trial as you are can result in poor counseling, shoddy representation and a less-than-fair settlement. Don’t settle for an attorney who isn’t confident in his or her ability to win your case; determination and resolution are two of the best tools a lawyer has to offer when representing a client in court.

If you’ve been the victim of personal injury in Los Angeles, you need to know how to find the best lawyer available to you. Experience, specialization, and determination are the key qualifications you should look for in your search for a dependable attorney or law group to represent your claim for personal injuries. After you’ve received the medical attention you need, contact an experienced and knowledgeable Los Angeles lawyer who will be determined and aggressive in helping you win a fair settlement. Personal injuries are devastating, research out the best attorney to obtain the representation you deserve.

Joel McLaughlin
Learn more about Los Angeles Personal Injury Attorney
Learn more about Los Angeles California Personal Injury

Article Source: Personal Injury in Los Angeles - What You Need to Know About Finding a Lawyer

Over the years, I have represented countless numbers of Plaintiffs in Personal Injury cases in the St. Louis area. My experience with my clients and my handling of these cases has led me to a number of conclusions regarding the factors which are important in choosing a St. Louis Plaintiff’s Personal Injury attorney. For years I have had clients sitting in my office who have told me that they have been represented by other attorneys in the past. My question has always been “Why didn’t you go back to that attorney?” It has been my hope to learn from the mistakes of other lawyers and to get the perspective of clients who are dissatisfied with services that they have had in the past. In addition, I have tried to listen to clients who were very pleased with the services of my firm in order to determine what an attorney needs to do right. I have also had clients bring me files after firing attorneys and I have seen first-hand what can go wrong when poor service is provided.

First, I have found that the most common reason that clients fire attorneys, or don’t go back to them for future services, is that many of them don’t return phone calls. When I say “don’t return phone calls”, I literally mean that they don’t respond in any way when a client calls, writes a letter, or sends an email. Even if the attorney is in trial, or there are scheduling challenges, a client at least deserves to know that the attorney received the message and will be responding sometime soon. A failure to return phone calls can often indicate a lack of respect and, from the client’s perspective, it undermines confidence in the attorney’s ability accomplish a result for the client.

Secondly, some attorneys will handle any kind of case, regardless of their experience. I recently had a client who fired an attorney who was practicing in the Kansas City area. The client was in an accident in St. Louis City and this is generally a more favorable venue from the standpoint of being a Plaintiff. However, the attorney was unaware that St. Louis City and St. Louis County were separate entities. When he filed a lawsuit on behalf of the client, he described St. Louis City as being a municipality within the boundaries of St. Louis County. Not only did he file the case in the wrong venue and picked a venue which was unfavorable to his client, but he clearly did not have the familiarity of the local court systems. It is important to choose an attorney who is familiar with the court system and the jury verdicts in the various counties throughout the St. Louis Metropolitan area. Mistakes in understanding the various court systems and procedures for courts in the St. Louis Metropolitan area can result in a poor outcome in a Plaintiff’s Personal Injury case.

Third, it is important for the attorney to have experience in the type of matter which is being handled. For example, an attorney handling St. Louis Car Accident cases should spend a lot of his time practicing in this area. While practicing in other areas can complement the attorney’s services, a real estate attorney, for example, may not understand how an investigation should be conducted. This can result in a less than favorable result if witnesses are not contacted and later disappear, or opportunities to take pictures are squandered. In a car accident case, pictures of damaged vehicles could help resolve a dispute as to how a collision took place. In a case involving a fall, pictures of the bad steps, pothole, or heavily waxed floor could lay the groundwork for a successful result. If an inexperienced attorney doesn’t follow up on such items in a timely manner, then stairs may be repaired, potholes can be filled in, and floors may be replaced.

Fourth, some attorneys look for a quick settlement and will either abandon your case, or abandon interest in it, if it doesn’t come together quickly. In all fairness, there are cases that come in the door and look good at first glance, but sometimes, as the evidence is gathered, it becomes apparent that the case is not going to be successful. On the other hand, there are cases in which adjusters simply refuse to be reasonable and attorneys will often have reputations for abandoning cases easily. Such attorneys will often try to settle for a lowball offer in order to avoid the work which comes with taking the case to trial. It is important to get a sense as to whether the attorney will be willing to do battle on your behalf if the going gets tough.

My fifth point is a very basic one. It is important to choose an attorney who speaks with honesty and candor. You do not want to be misled and it is usually a matter of time before you get a sense that your attorney is being less than fully honest. Beyond honesty, your attorney should also speak to you with frankness and candor. As a client, you sometimes need to know the bad news as well as the good news. An experienced St. Louis Personal Injury attorney will tell you if there are circumstances in which cases like yours are hampered by certain factors. If there is light damage to the car, or a problem with your treating doctor’s credentials, then you need someone to pull you aside and tell you about things which may affect your case negatively. In front of certain juries, for example, they may be conservative and it would help to know if they are going to look negatively at long hair, tattoos, or other items. While it is uncomfortable for an attorney to talk about certain subjects, you are looking for frankness and candor. An attorney who politely points out certain prejudices of potential jurors is doing a great service to his client.

Finally, a lot of clients tell me that they didn’t re-hire their former attorney because they couldn’t relate to him. Some attorneys are pretentious and condescending. I have found that attorneys who are down to earth and secure in themselves can develop an excellent reputation with their clients. If you are in the process of looking for an attorney, I would suggest that you consider all of these factors in choosing the best person for you.

The contents of this article are intended for educational use only in order to provide readers general information and a basic understanding of the law. If you are seeking legal advice, please consult a licensed professional attorney in your state. The information in this article should not be substituted for experienced legal advice.

Jeff Swaney founded the Swaney Law Firm in 1984. Jeff obtained his law degree from the School of Law at St. Louis University, as well as a Master of Arts in Public Administration. He is a member of the Missouri Association of Trial Attorneys (MATA) and The Missouri Bar Association. Jeff is also licensed and handles cases in the State of Illinois.

Article Source: Choosing a St. Louis Plaintiff’s Personal Injury Attorney

Although auto accident cases are most common, a Denver personal injury attorney handles a wide range of cases that can be as minor as being bitten by the neighbor’s dog or as serious as wrongful death caused by a defective product made in a major corporation’s China factory. Denver personal injury attorneys specialize in the area of law known as torts, which are cases that involve no criminal wrongdoing, but come about as the result of negligence or reckless behavior.

It Goes Way Back

The idea that an injured party should receive monetary compensation from those responsible is an ancient concept in law; its purpose was to avoid blood feuds that could result if the injured party’s relatives decided they wanted revenge. In Anglo-Saxon England over a thousand years ago, the Denver personal injury attorney’s medieval counterpart might represent a plaintiff before a council known as the folc-gemot; if the plaintiff had a valid case, the defendant would be ordered to pay a sum of money, known as were-gyld (“man-price”) to his victim.

Today, this tradition survives as tort law; such cases are now heard in civil court, sometimes before a judge and jury and sometimes before a judge by his/herself. The best case scenario is when a Colorado personal injury lawyer is able to secure an out-of-court settlement, thus avoiding the time and expense of a court trial.

Who Should Represent You

While there are some litigators who practice general tort law, because the field of personal injury is so vast and complex, it is best to secure the services of specialist, such as a Denver auto accident attorney if you have been in such an incident. Denver auto accident attorneys are familiar not only with the fine points of motor vehicle law as it pertains to injury mishaps, but also the ways in which insurance companies attempt to evade their obligations. The best Denver auto accident attorney is one who has actually worked for the insurance industry – for obvious reasons.

Lawyer or Attorney?

You may note that the terms Denver personal injury attorney and Colorado personal injury lawyer are used interchangeably. While it is true that every Colorado personal injury lawyer can and does act as an attorney, not every attorney is necessarily a lawyer licensed by the state bar association. If you are injured due to someone’s negligence or reckless behavior, it’s in your best interest to make sure your Denver personal injury attorney is also an experienced and qualified Colorado personal injury lawyer.

You Don’t Need Money Up Front

Most Denver personal injury attorneys provide free initial consultations and will accept part of your award as payment for his/her services – meaning that if your case is not successful, s/he receives nothing. This also means that your Denver personal injury attorney is very motivated to win your case!

In this article Jonathon Blocker writes about Denver personal injury attorney.

Article Source: The Denver Personal Injury Attorney and Your Legal Rights Under The Law

Being injured is never enjoyable, but it can be made even worse if you find yourself having to pay expensive medical bills out-of-pocket. Depending on the extent of your injury you might even find yourself unable to work for an unknown period of time, leaving you with no source of income as bills and other expenses continue to pile up. Insurance settlements can take time, and in some cases they may not even cover the majority of your expenses when they finally do start to pay out. To help prevent this, here are some things to consider when you’re trying to decide whether or not to contact a California personal injury attorney after you’ve been hurt.

If your injury isn’t your fault, you shouldn’t have to pay for your own medical costs. Having a Los Angeles California personal injury attorney on your side will help to ensure that you don’t have to cover expensive medical bills when you can’t afford to, making the party who is at fault cover the expenses. Your Los Angeles attorney will also help to ensure that the other party doesn’t try and place the blame for the injury on you in an effort to keep from paying your medical costs.

Should you have to deal with an insurance company, you may run the risk of receiving a payout that is less than what you need, or that is broken up into a number of small portions that are paid out over the course of several years. In addition, some insurance companies will drag out their investigations in order to delay payment, even though you need money to cover your expenses right away. Your California personal injury attorney will be able to fight for you against the insurance companies, helping to ensure that you obtain the money that you need for your injuries as soon as possible.

Another reason that you need to contact an attorney after you’ve been hurt is that you may have legal rights that you aren’t aware of. Because your attorney will be knowledgeable about the law in regards to personal injury cases, they can make sure that you receive everything that you are due under California state law. This will help prevent you from finding out that you didn’t exercise your full legal rights after payment has been received, since you would no longer be able to do anything about it at that time.

Most importantly, having legal representation on your side will serve as a sign that you are taking your injury case very seriously and that you intend on making sure that you obtain what is coming to you. This doesn’t mean that you’re out to get as much money as you absolutely can, but instead that you want to make sure all of your medical expenses are covered and that you aren’t left unable to work with no source of income. By choosing to protect yourself and your rights with an attorney you are showing insurance companies and other interests that you are willing to fight for what’s rightfully yours and that you are standing up for your own rights.

Joel McLaughlin - DataFlurry Internet Marketing
View our original post in our California Personal Injury blog.

Article Source: Top Reasons to Contact a Los Angeles California Personal Injury Attorney When You Are Hurt

If you have been injured in an auto accident due to someone else’s negligence, you need more than a personal injury attorney – you need a Denver auto accident lawyer. While it is true that nearly any qualified Denver personal injury attorney could represent you adequately in an auto accident case, there are good reasons why you should trust the specialized legal expertise of a state-licensed Denver auto accident lawyer.

It’s About Liability

Your auto insurance carrier may have issued you a guide as to what to do if you are involved in an accident – and the primary advice is typically, “DO NOT ADMIT FAULT.” To this, a Colorado car accident lawyer will add: “And do not sign anything!” There’s an excellent reason for this which is directly related to why you need a Colorado car accident lawyer and not just any Denver personal injury attorney.

The primary reason is that although we pay insurance companies monthly premiums to indemnify us against loss and injury, insurers, like most large American (and increasingly, global) corporations have forgotten that part of their purpose is to provide a service in exchange for that money. Today, corporations are all about maximizing profits at the expense of the public good, while putting expenses and losses onto the backs of that same public. Too often, people must turn to the legal system and fight for what they are entitled to by law – and this is why Denver personal injury attorneys are so busy these days.

A Colorado car accident lawyer will usually have “inside knowledge” of the way insurance companies attempt to escape their obligations, and thus is better equipped to fight for your rights. Furthermore, the Denver personal injury attorney that specializes in auto accident cases is more likely to secure a settlement out of court. This is the ideal situation; the only thing that mega-corporate behemoths care about other than maximizing profits at public expense is their image. If it can be avoided, they will settle with a Denver personal injury attorney in order to avoid the publicity and expense of a trial.

It Costs You Nothing Up Front

Because those who most deserve and require justice cannot afford lawyer’s fees, most Colorado car accident lawyers offer initial consultations at no charge and if there is a case, will take on the client on a contingency basis. This means your Colorado car accident lawyer receives a percentage – usually around 33% of any award s/he is able to win for you. This also means s/he is extremely motivated to provide you with the best possible representation.

Therefore, regardless of who you think may be responsible, it is in your best interest to contact a Denver auto accident lawyer as soon as possible if you are involved in an injury incident. Expert legal representation by a Denver auto accident lawyer is your best chance to get the compensation you deserve.

In this article Jonathon Blocker writes about the premier Denver Auto Accident Attorney.

Article Source: Get Justice Now With a Denver Auto Accident Lawyer

Those who are victims of someone else’s irresponsibility owe it to themselves to contact a qualified Colorado car accident attorney in order to protect their legal rights and get compensation for their injuries and property loss.

How a Colorado Car Accident Attorney can Help You

Car accidents are covered under the law of torts, or personal injury law. A Colorado personal injury attorney, or tort litigator, handles a range of these types of cases from minor negligence issues (such as tripping over the neighbor child’s roller skates) to corporate malfeasance and product liability. The Denver personal injury attorney is not the same as a criminal lawyer, and such personal injury cases where no actual law has been violated but in which there is cause for complaint are heard in civil court. (In car accident cases, the failure to have insurance is a separate issue from that involving injury and loss of property, and one that is not usually addressed by a Colorado personal injury attorney.)

It is important to have your interests represented by a Colorado car accident attorney who is licensed by, and in good standing with the state bar association; such representation will insure that your rights are protected.

Who Is The Defendant?

In tort cases, the injured party is the plaintiff and the responsible party is the defendant. In most cases in which a defendant has insurance coverage, a Colorado personal injury attorney working on your behalf will file suit against the insurer. The reasons: not only are insurers obligated to pay such compensation on behalf of their policyholders, they will also do everything in their power to avoid this obligation, since their priority is to maximize and internalize profits while minimizing and externalizing losses.

Although any Denver personal injury attorney can represent you in a case involving motor vehicles, it’s best to hire a specialist like a Colorado car accident attorney, as this lawyer has specific knowledge of vehicle codes – and in most cases, this kind of Colorado personal injury attorney is intimately acquainted with the way insurance companies operate. A Colorado personal injury attorney who specializes in issues related to traffic accidents and insurance companies has a much better chance of winning you a settlement – which is the best way to resolve tort cases.

Can a Colorado Car Accident Attorney Get Me Compensation for Pain and Suffering?

You are certainly entitled to be compensated for your pain and suffering, and your Colorado personal injury attorney will do everything in his/her power to see that you get such compensation. However, it is important to understand that from a legal standpoint, pain and suffering is quite subjective, whereas the courts prefer to deal with things that are easily measured and quantified. This is yet one more reason to have a Denver personal injury lawyer, such as a Colorado car accident attorney on your side.

In this article Jonathon Blocker writes about how a Colorado car accident attorney will save you time and money.

Article Source: Injured? A Colorado Car Accident Attorney Can Help

Since l984, my firm has worked with countless numbers of “auto accident injury” clients. Most people who have become clients of mine have initially been bewildered because of the complexity involved. My hope is to clear up some of the terms in order to make this area more understandable to the average person.
 
First of all, when someone is injured they potentially become a “plaintiff”. A plaintiff is someone who has sustained “damages” as a result of the “negligence” of another individual. The person who caused the damages is called the “defendant”. Negligence in its simplest terms is a concept by which someone’s careless actions harm someone else. Most of the concepts in negligence look at an individual’s actions from the standpoint of a “reasonable person”. Someone’s actions have to be “foreseeable” to be considered negligent. A defendant has to be able to appreciate that their conduct could cause harm to someone else. In an “automobile accident injury claim”, the defendant can be careless or “negligent” in a number of ways. Our court system provides “jury instructions” which describe various types of “negligent” actions. For example, it is normally considered negligent for someone to strike the rear of another driver’s vehicle. If a case goes to trial, a jury will be instructed on the law and the instructions will explain this to the jury. On the other hand, a defendant can argue that the other driver came to a “sudden unexpected stop”. This can also be considered negligence. Where both drivers share in the fault, this is called “comparative negligence” or “comparative fault”. If a driver, for example, is found to be 50% at fault, then he will only have to compensate the other driver for 50% of the driver’s damages.
 
Each driver is required to carry “liability insurance”. When a defendant is careless and injures another person, then damages will be paid to the other person from the defendant’s “liability policy”. If the person causing the damage is not insured, then a plaintiff can recover their personal injury damages out of their own “uninsured motorist policy”. On the other hand, if the other driver has insurance, but it is inadequate, then a plaintiff may look to their own policy for something that is called “underinsured motorist coverage”. This provides for additional damages which can be recovered over and above the amount of the “policy limits” of other driver’s policy. The uninsured motorist and underinsured motorist coverages do not cover damages to the plaintiff’s car. This would be covered by the plaintiff’s “collision coverage”. When someone buys collision coverage, they choose the amount of their “deductible”, which is the amount which has to be paid out of the plaintiff’s pocket when a car is damaged.

In some circumstances, the defendant may be disputing the case. Oftentimes, a plaintiff will have their car repaired by going through their own collision policy. Under these circumstances, the plaintiff’s insurance company will attempt to go through “insurance arbitration” and will try to collect and return the deductible to the plaintiff.

When there is “property damage” to a plaintiff’s car, the car may be repairable, or it may be “totaled”. A car is “totaled” when it would simply cost more to repair the car than what the car is worth. When a car is totaled, the insurance company owes what is known as the “market value” of the car. This is the amount that the car could have been sold for in the open market prior to the collision. The insurance company will often retain the totaled vehicle which is called “salvage” since they are purchasing the totaled car. They will then sell the working parts to a junkyard or parts dealer. If the plaintiff chooses to keep the car, the he will receive the value of the car, minus the” salvage value”

With regard to a plaintiff’s injuries there are several types of damages. The first type of damage would be classified as “financial damages” or “economic damages”. These are the amount of out-of-pocket expenses sustained by the plaintiff. Lawyers and insurance adjusters sometimes refer to these as “special damages” or “specials”. Financial damages would include payment for medical bills and lost wages. The second kind of damages would be “pain and suffering damages”. I like to think of pain and suffering as being divided into three categories. First, there is past pain and suffering which takes into consideration the pain and discomfort immediately of the plaintiff following the accident. There is also present pain and suffering which is what a person is living with on a daily basis. Finally, sometimes injuries do not heal completely. The third category, then, would be damages for “future pain and suffering”. This would include “permanent disability” which would limit someone’s ability to function. For example, if a plaintiff has injured their right hand and they will permanently have a loss of grip strength, then a jury may consider this in awarding damages. On the financial side, if a plaintiff is unable to work in their normal full capacity, there may be “future economic damages”. A jury can take into account that if plaintiff will be losing income in the future because they either can’t work, or they can’t earn as much as they were previously earning.

In any event, this is my humble attempt to clear up some of the terminology which is used in car accident cases. Of course, how damages will be computed will ultimately be based upon where a case could end up going to trial if it cannot be settled. Some juries are much more generous in awarding damages for and other juries are known for being more stingy. A plaintiff lawyer’s goal in “settlement negotiations” is to get as much or more for his client than what he would likely receive from a jury. If the case is to go to trial, then the goal is to receive the highest possible verdict for his client.

The contents of this article are intended for educational use only in order to provide readers general information and a basic understanding of the law. If you are seeking legal advice, please consult a licensed professional attorney in your state. The information in this article should not be substituted for experienced legal advice.

Jeff Swaney founded the Swaney Law Firm in 1984. Jeff obtained his law degree from the School of Law at St. Louis University, as well as a Master of Arts in Public Administration. He is a member of the Missouri Association of Trial Attorneys (MATA) and The Missouri Bar Association. Jeff is also licensed and handles cases in the State of Illinois.

Article Source: St. Louis Personal Injury Attorney Discusses Auto Accident Injury Claims

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