Even when you "win" an accident or injury case in court, the opposing party may not always simply pay you the amount of the judgment. You may have to take additional steps (and incur additional expenses) to collect the judgment. Here are ten things to keep in mind:
1. Individuals and businesses that are financially stable usually pay judgments that are entered against them. They do so because they want to avoid unpleasant "collection" activities and additional expense.
2. If an individual or business debtor is insolvent, however, or stubbornly refuses to pay a judgment, it can be quite difficult to collect a judgment.
3. In most states, you can conduct post-judgment discovery (depositions, interrogatories, requests for production of documents, etc.) to uncover a debtor's sources of income and assets.
4. If the person you hold a judgment against is an individual, you can garnish his or her wages to collect your judgment. Many states limit the amount you can garnish from a debtor's wages to 25 percent of the debtor's paycheck.
5. You can also garnish the bank account of an individual or business debtor.
6. If you hold a judgment against a company, you may be able to get the sheriff to seize the money in the company's cash register. Businesses may also have machinery, equipment, or other assets that you may be able to seize.
7. The time period for collecting judgments in many states is ten years, but after that time you can usually renew the judgment for another ten years. So even if the person that you have a judgment against does not have any income or assets today, he or she may have income or assets in the future.
8. If the person that you have a judgment against files a Chapter 7 bankruptcy, your ability to collect your judgment is cut-off, like most other creditors.
9. In most states, you will need to retain an attorney to assist you with your collection efforts. You can usually hire a collection attorney on an hourly basis, or pay the attorney a percentage of the amount collected.
10. To collect a judgment against a debtor (or the debtor's property) located in another state, you will need to record your judgment as a foreign judgment in that state
__
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
Wednesday, July 28, 2010
Tuesday, July 27, 2010
Appealing a Court Decision
Most decisions of a state or federal trial court (or an agency) are subject to review by an appeals court, including decisions regarding accident and injury cases. Whether the appeal concerns a judge's order or a final judgment entered by a jury, an appeals court reviews what happened in proceedings below for any errors of law. If the court finds an error that contributed to the trial court's decision, the appeals court will reverse that decision. The lawyers for the parties submit briefs to the court and may be granted oral argument. Once an appeals court has made its decision, the opportunity for further appeals is limited. The number of parties filing appeals has risen substantially in the last few decades, causing the state and federal court systems to implement changes in an effort to keep up.
Trials vs. Appeals
A trial and an appeal have a few similarities, but also many important differences. At trial, the parties present their cases, calling witnesses for testimony and presenting other pieces of evidence, such as documents, photographs, reports, surveys, diaries, blueprints, etc. The jury weighs this evidence and determines the facts of the case, that is, what they believe actually happened. A jury is therefore sometimes referred to as the finder of fact. The judge controls the activities in the courtroom and makes all the legal decisions, such as ruling on motions and on objections raised by the attorneys. The judge is often called the finder of law. If the parties have chosen a bench trial, rather than a jury trial, the judge will make both findings of fact and findings of law.
An appeal is a review of the trial court's application of the law. There is no jury in an appeal, nor do the lawyers present witnesses or, typically, other forms of evidence. The court will accept the facts as they were revealed in the trial court, unless a factual finding is clearly against the weight of the evidence.
Another difference between a trial and an appeal is the number of judges involved. A single judge presides over a trial. An appeal, however, is heard by several judges at once. How many depends on the jurisdiction. At the initial appeals court level, courts may have from three to a few dozen judges. Yet on the larger courts, the full number of judges seldom hear claims together. Instead, appeals are typically heard by panels, often comprised of three judges. In rare instances, the full court may decide to grant a motion for rehearing "en banc," in which event all the judges on the appeals court hear the case together and issue a new decision. Supreme courts, at the state and federal level, have from five to nine judges, referred to as justices.
Appellate Briefs
The main form of persuasion on appeal is the written appellate brief, filed by counsel for each party. With this brief, the party that lost in the trial court will argue that the trial judge incorrectly applied the law. The party that won below will argue that the trial court's decision was correct. Both parties will support their positions with reference to applicable case law and statutes. An appeal is a more scholarly proceeding than a trial. Whereas the litigator must be an active strategist in the courtroom, calling witnesses, cross-examining, and making motions or objections, the appellate lawyer builds his or her case in the brief, before the appeal is heard. Appeals often include a short period for oral argument, but the judges often consume this period with questions for the attorney, prompted by the briefs.
The "Record" on Appeal
Appeals court decisions turn on the record, which documents what happened in the trial court. The record contains the pleadings (plaintiff's complaint and defendant's answer), pre-trial motions, a transcript of what occurred during trial, the exhibits put into evidence, post-trial motions, and any discussion with the judge that did not take place "off the record." The success of an appeal therefore depends on what occurred at trial. If an attorney failed to get critical, available evidence into the record, or to object to something prejudicial, the opportunity to do so is lost.
After the Appeals Court Decision
The party that loses in a state or federal appeals court may appeal to the state supreme court, or the U.S. Supreme Court. (Most states call their highest court "supreme court," though Maryland and New York call theirs the Court of Appeals.) Review in these courts, however, is discretionary with the court. Because these courts receive many more requests for review than they can handle, they typically grant review only to cases involving unsettled questions of law. Also, the U.S. Supreme Court can only review cases that raise some federal or constitutional issue; cases that concern state law exclusively are beyond its jurisdiction. At this point, the parties have already had the case reviewed once, reducing their tendency to see the decisions as biased or contrary to law.
_____
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
Trials vs. Appeals
A trial and an appeal have a few similarities, but also many important differences. At trial, the parties present their cases, calling witnesses for testimony and presenting other pieces of evidence, such as documents, photographs, reports, surveys, diaries, blueprints, etc. The jury weighs this evidence and determines the facts of the case, that is, what they believe actually happened. A jury is therefore sometimes referred to as the finder of fact. The judge controls the activities in the courtroom and makes all the legal decisions, such as ruling on motions and on objections raised by the attorneys. The judge is often called the finder of law. If the parties have chosen a bench trial, rather than a jury trial, the judge will make both findings of fact and findings of law.
An appeal is a review of the trial court's application of the law. There is no jury in an appeal, nor do the lawyers present witnesses or, typically, other forms of evidence. The court will accept the facts as they were revealed in the trial court, unless a factual finding is clearly against the weight of the evidence.
Another difference between a trial and an appeal is the number of judges involved. A single judge presides over a trial. An appeal, however, is heard by several judges at once. How many depends on the jurisdiction. At the initial appeals court level, courts may have from three to a few dozen judges. Yet on the larger courts, the full number of judges seldom hear claims together. Instead, appeals are typically heard by panels, often comprised of three judges. In rare instances, the full court may decide to grant a motion for rehearing "en banc," in which event all the judges on the appeals court hear the case together and issue a new decision. Supreme courts, at the state and federal level, have from five to nine judges, referred to as justices.
Appellate Briefs
The main form of persuasion on appeal is the written appellate brief, filed by counsel for each party. With this brief, the party that lost in the trial court will argue that the trial judge incorrectly applied the law. The party that won below will argue that the trial court's decision was correct. Both parties will support their positions with reference to applicable case law and statutes. An appeal is a more scholarly proceeding than a trial. Whereas the litigator must be an active strategist in the courtroom, calling witnesses, cross-examining, and making motions or objections, the appellate lawyer builds his or her case in the brief, before the appeal is heard. Appeals often include a short period for oral argument, but the judges often consume this period with questions for the attorney, prompted by the briefs.
The "Record" on Appeal
Appeals court decisions turn on the record, which documents what happened in the trial court. The record contains the pleadings (plaintiff's complaint and defendant's answer), pre-trial motions, a transcript of what occurred during trial, the exhibits put into evidence, post-trial motions, and any discussion with the judge that did not take place "off the record." The success of an appeal therefore depends on what occurred at trial. If an attorney failed to get critical, available evidence into the record, or to object to something prejudicial, the opportunity to do so is lost.
After the Appeals Court Decision
The party that loses in a state or federal appeals court may appeal to the state supreme court, or the U.S. Supreme Court. (Most states call their highest court "supreme court," though Maryland and New York call theirs the Court of Appeals.) Review in these courts, however, is discretionary with the court. Because these courts receive many more requests for review than they can handle, they typically grant review only to cases involving unsettled questions of law. Also, the U.S. Supreme Court can only review cases that raise some federal or constitutional issue; cases that concern state law exclusively are beyond its jurisdiction. At this point, the parties have already had the case reviewed once, reducing their tendency to see the decisions as biased or contrary to law.
_____
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
Monday, July 26, 2010
Do's and Dont's Of a Personal Injury
Dos And Don'ts Of Personal Injury
--------------------------------------------------------------------------------
If you or a loved one are involved in a personal injury case, following are some "do's and don'ts" to help you protect your right to a legal remedy for harm suffered.
THE DOs
DO seek medical attention before doing anything else.
DO summon the police, in appropriate cases.
DO cooperate with all law enforcement and emergency personnel who respond to the scene.
DO get the license plate numbers of all other vehicles involved in car accidents and the drivers' names, addresses, telephone numbers, and insurance information.
DO get the name and address of the animal's owner and any license information if you were injured by an animal bite or attack.
DO write down the names, addresses, and phone numbers of all potential witnesses to an accident.
DO contact your health, homeowner's, and/or automobile insurance companies, as appropriate.
DO take photographs of all of the following, as applicable, as soon as possible after the accident:
The scene of the accident, from all angles.
The surrounding area.
The product or animal that caused your injuries.
Your injuries.
Any property damage.
DO contact your attorney. 1.800.501.2091 The Burnett Law Firm
THE DON'Ts
DON'T move your vehicle after an automobile accident unless necessary for safety or required by law.
DON'T subject yourself to further injury by standing or waiting in an area of traffic or other safety hazards.
DON'T leave the scene of an accident until the police tell you it is okay to do so.
DON'T throw away any potential evidence in the case, such as defective products, or torn or blood-stained clothing.
DON'T remain in a burning building while calling for help. Leave the area of danger first, and then immediately call from a safe place.
DON'T engage in discussions as to fault with anyone, and make sure you don't apologize for anything-it can be considered evidence that you were legally at fault.
DON'T agree to settlement terms without contacting your attorney.
If you have been injured and you were not at fault please contact the Burnett Law Firm for a 100% Free Consolutation at 1.800.501.2091 or email us at Online@BurtBurnett.com
__
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
--------------------------------------------------------------------------------
If you or a loved one are involved in a personal injury case, following are some "do's and don'ts" to help you protect your right to a legal remedy for harm suffered.
THE DOs
DO seek medical attention before doing anything else.
DO summon the police, in appropriate cases.
DO cooperate with all law enforcement and emergency personnel who respond to the scene.
DO get the license plate numbers of all other vehicles involved in car accidents and the drivers' names, addresses, telephone numbers, and insurance information.
DO get the name and address of the animal's owner and any license information if you were injured by an animal bite or attack.
DO write down the names, addresses, and phone numbers of all potential witnesses to an accident.
DO contact your health, homeowner's, and/or automobile insurance companies, as appropriate.
DO take photographs of all of the following, as applicable, as soon as possible after the accident:
The scene of the accident, from all angles.
The surrounding area.
The product or animal that caused your injuries.
Your injuries.
Any property damage.
DO contact your attorney. 1.800.501.2091 The Burnett Law Firm
THE DON'Ts
DON'T move your vehicle after an automobile accident unless necessary for safety or required by law.
DON'T subject yourself to further injury by standing or waiting in an area of traffic or other safety hazards.
DON'T leave the scene of an accident until the police tell you it is okay to do so.
DON'T throw away any potential evidence in the case, such as defective products, or torn or blood-stained clothing.
DON'T remain in a burning building while calling for help. Leave the area of danger first, and then immediately call from a safe place.
DON'T engage in discussions as to fault with anyone, and make sure you don't apologize for anything-it can be considered evidence that you were legally at fault.
DON'T agree to settlement terms without contacting your attorney.
If you have been injured and you were not at fault please contact the Burnett Law Firm for a 100% Free Consolutation at 1.800.501.2091 or email us at Online@BurtBurnett.com
__
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
Friday, July 23, 2010
Starting a Case: Initial Court Papers
The legal papers that are filed in court at the beginning of a lawsuit are called "pleadings." Your attorney will explain pleadings to you in the particular context of your case, but the summary that follows will give you a head start in understanding some of the many documents that may become a part of your lawsuit. Please note that some states have different names for some of these documents.
Complaint/Petition
Usually the first document filed in a lawsuit is the Complaint (or Petition), which provides an outline of the plaintiff's case against the defendant. The Complaint is a document that identifies the parties involved, sets out the legal basis for the court's jurisdiction over the controversy, states the plaintiff's legal claims, and relates the facts giving rise to the claims. The Complaint will also contain a section called a demand for judgment or prayer for relief. Here the plaintiff will set forth what he or she wants the court to require the defendant to do, such as pay damages.
The purpose of the Complaint is to provide the defendant with notice of the factual and legal bases of the plaintiff's claims. Generally, the facts set forth in the Complaint are based on the plaintiff's own knowledge. Sometimes the plaintiff will use the phrase, "upon information and belief" before setting forth some facts. This means that the plaintiff has heard about those facts from someone else, or has formed the belief that the events described in the paragraph happened as described. Most states require that the Complaint set forth a short and plain statement of the plaintiff's claims, so don't be surprised if the facts are sketchy, or if they don't seem to tell the whole story.
Summons and Service of Process
The Summons is an order from the court where the lawsuit will be heard or "litigated." It notifies the recipient (the "defendant" in the case) that he or she has been sued, refers to the Complaint or Petition, and sets out the time limit within which the defendant must file an answer or seek to have the case dismissed. It will also describe the consequences of failing to respond in a timely manner: the case may be decided without the defendant and he or she may be bound by the result even if they did not participate. Failing to respond to a lawsuit on time will cause a defendant to be "in default."
The Summons is usually a form document. It will have a preprinted caption that contains the name of the court, the names of the parties and a docket number (the court's identification number for the matter). The body of the document will tell the defendant that he or she has been sued. This language is called the "Notice." The Summons will be delivered or "served" on the defendant along with the Complaint, either when somebody actually confirms his or her identity and gives them the documents, or when they are mailed to the defendant. The legal term for this is "service of process." The Summons, properly served, gives the court power or "jurisdiction" over the case and over the defendant. That means the court may make decisions about the controversy described in the Complaint, and decisions affecting the defendant with respect to the controversy.
Answer
The defendant's response to the Complaint is called an Answer, though some states use a different word for this document. The Answer will address each paragraph in the Complaint, and each response will ordinarily take one of three forms: "admitted," "denied," "insufficient knowledge to admit or deny." An answer may also set forth various affirmative defenses, which are legal reasons why the defendant should not be held liable for the plaintiff's damages. Some of these defenses may also be the basis of a motion to dismiss.
Counterclaim
If a defendant has his or her own claim against the plaintiff, one which arose out of the same circumstances as those that led to the Complaint, it should be raised in the Answer in a section titled "Counterclaims." The Counterclaim will be written in a manner similar to the Complaint.
Reply to Counterclaim
If a defendant asserts a Counterclaim in the Answer, the plaintiff may respond by filing a "Reply." The Reply will "admit," "deny," or assert that the plaintiff lacks information, just as the original Answer did. The Reply also may assert defenses, just as the Answer did.
Cross-claim
Cross-claims arise when there are many parties to the lawsuit and two or more, who are "aligned" as plaintiffs or as defendants, have their own dispute arising out of the transaction or occurrence. For example, if Driver B and Driver C are sued by Driver A after a multiple-vehicle accident, and Driver C was actually injured by something Driver B did, Driver C might file a cross-claim against Driver B, within the same lawsuit.
Answer to Cross-claim
The person being sued in a Cross-claim will file an Answer similar to the one filed after the original Complaint.
Third-party Complaint
Sometimes a defendant who has been sued will have a legal reason for passing liability off to another person. A common example is a contract in which the third party promises to pay if you the defendant is found liable in a case. This person may be brought into the lawsuit if the defendant files a Third-party Complaint. Like the regular Complaint, it will set forth the relevant facts giving rise to the defendant's claim against the third party, and will set forth a request for relief.
Answer to Third-party Complaint
The person being sued through a Third-party Complaint must file an Answer, similar to the one filed after the original Complaint.
______
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
Complaint/Petition
Usually the first document filed in a lawsuit is the Complaint (or Petition), which provides an outline of the plaintiff's case against the defendant. The Complaint is a document that identifies the parties involved, sets out the legal basis for the court's jurisdiction over the controversy, states the plaintiff's legal claims, and relates the facts giving rise to the claims. The Complaint will also contain a section called a demand for judgment or prayer for relief. Here the plaintiff will set forth what he or she wants the court to require the defendant to do, such as pay damages.
The purpose of the Complaint is to provide the defendant with notice of the factual and legal bases of the plaintiff's claims. Generally, the facts set forth in the Complaint are based on the plaintiff's own knowledge. Sometimes the plaintiff will use the phrase, "upon information and belief" before setting forth some facts. This means that the plaintiff has heard about those facts from someone else, or has formed the belief that the events described in the paragraph happened as described. Most states require that the Complaint set forth a short and plain statement of the plaintiff's claims, so don't be surprised if the facts are sketchy, or if they don't seem to tell the whole story.
Summons and Service of Process
The Summons is an order from the court where the lawsuit will be heard or "litigated." It notifies the recipient (the "defendant" in the case) that he or she has been sued, refers to the Complaint or Petition, and sets out the time limit within which the defendant must file an answer or seek to have the case dismissed. It will also describe the consequences of failing to respond in a timely manner: the case may be decided without the defendant and he or she may be bound by the result even if they did not participate. Failing to respond to a lawsuit on time will cause a defendant to be "in default."
The Summons is usually a form document. It will have a preprinted caption that contains the name of the court, the names of the parties and a docket number (the court's identification number for the matter). The body of the document will tell the defendant that he or she has been sued. This language is called the "Notice." The Summons will be delivered or "served" on the defendant along with the Complaint, either when somebody actually confirms his or her identity and gives them the documents, or when they are mailed to the defendant. The legal term for this is "service of process." The Summons, properly served, gives the court power or "jurisdiction" over the case and over the defendant. That means the court may make decisions about the controversy described in the Complaint, and decisions affecting the defendant with respect to the controversy.
Answer
The defendant's response to the Complaint is called an Answer, though some states use a different word for this document. The Answer will address each paragraph in the Complaint, and each response will ordinarily take one of three forms: "admitted," "denied," "insufficient knowledge to admit or deny." An answer may also set forth various affirmative defenses, which are legal reasons why the defendant should not be held liable for the plaintiff's damages. Some of these defenses may also be the basis of a motion to dismiss.
Counterclaim
If a defendant has his or her own claim against the plaintiff, one which arose out of the same circumstances as those that led to the Complaint, it should be raised in the Answer in a section titled "Counterclaims." The Counterclaim will be written in a manner similar to the Complaint.
Reply to Counterclaim
If a defendant asserts a Counterclaim in the Answer, the plaintiff may respond by filing a "Reply." The Reply will "admit," "deny," or assert that the plaintiff lacks information, just as the original Answer did. The Reply also may assert defenses, just as the Answer did.
Cross-claim
Cross-claims arise when there are many parties to the lawsuit and two or more, who are "aligned" as plaintiffs or as defendants, have their own dispute arising out of the transaction or occurrence. For example, if Driver B and Driver C are sued by Driver A after a multiple-vehicle accident, and Driver C was actually injured by something Driver B did, Driver C might file a cross-claim against Driver B, within the same lawsuit.
Answer to Cross-claim
The person being sued in a Cross-claim will file an Answer similar to the one filed after the original Complaint.
Third-party Complaint
Sometimes a defendant who has been sued will have a legal reason for passing liability off to another person. A common example is a contract in which the third party promises to pay if you the defendant is found liable in a case. This person may be brought into the lawsuit if the defendant files a Third-party Complaint. Like the regular Complaint, it will set forth the relevant facts giving rise to the defendant's claim against the third party, and will set forth a request for relief.
Answer to Third-party Complaint
The person being sued through a Third-party Complaint must file an Answer, similar to the one filed after the original Complaint.
______
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
Wednesday, July 21, 2010
Stages of a Case: Meeting with the Attorney
During your first meeting with an attorney after any accident or injury, your lawyer will first want to hear about what happened, and he or she may collect a variety of information from you. The length of the initial interview can vary depending on the circumstances that led to your injuries. In rather straightforward cases like car accidents, the first meeting probably won't take very long, especially if you come prepared. In more complex cases like medical malpractice or injuries from defective products, the initial interview will usually take longer.
As you tell the lawyer about your accident, he or she may ask questions about it. Frequently, lawyers wait until you have told them everything before asking questions. While some of these questions may be difficult to hear, let alone answer, your lawyer does need to know the answers in order to help you find the best solution for your case. Your lawyer will collect a variety of information relating to your accident or injury, including facts about your medical treatment, others involved in the accident, potential witnesses, and more. He or she will likely also discuss practical aspects of your case such as a representation agreement, different types of legal fees, and the kinds of costs you can expect in your case.
Here is an idea of what you can expect during your first meeting with an attorney:
The lawyer may ask you to sign a form authorizing the release of your medical information from health care providers, so that he or she can obtain your medical records on your behalf
The lawyer will want to know about all your insurance coverage.
The lawyer will ask if you have talked to any insurance adjustors and if so, what you have said and whether you provided a recorded or written statement about the accident or injury.
The lawyer will ask if anyone else has interviewed you about the accident or your injuries, and if so, with whom you spoke and the details of what was discussed.
If it isn't evident by looking at you, the lawyer may ask about the current status of your injuries -- whether you are in pain, what your prognosis is, etc.
The lawyer may advise you to see your doctor if you have any lingering physical problems or complaints. If you don't see your doctor and later decide to pursue a legal claim for your injuries, the defendant may argue that you aren't seriously hurt, on the theory that no doctor visit indicates no medical problems.
The lawyer may decide to consider your case, and to contact you shortly after the meeting to discuss your legal options. This is a common practice in injury cases, so you should not read anything into it.
The lawyer may decline to take your case. He or she may do this for many reasons, such as his or her current caseload, capabilities or specialties, economic situation, or family responsibilities. You also may learn that in the lawyer's opinion, you do not have much of a case. While this is valuable information, and it is better to get such an opinion early, you should by all means seek a second opinion from another attorney.
The lawyer may refer you to another lawyer. This happens when the lawyer cannot take your case for any number of reasons, or when he or she thinks that the other lawyer can do a better job under the circumstances.
The lawyer may ask you to sign a retainer contract or other form of agreement for representation. Read the contract carefully and ask questions before you sign it. You should be able to take the contract home to study it before signing.
The lawyer will tell you what the next steps are. There may be a factual investigation before a lawsuit is filed or settlement is considered, and the lawyer may be able to give you a rough estimate of how long it will take to resolve the case.
The lawyer will tell you not to talk about the case with others, and that you should refer questions back to him or her. This is very important advice. Just as loose lips sink ships, stray comments can ruin your case in the courtroom.
The lawyer will probably give you an idea of how he or she intends to keep you informed of progress in your case. There is no unified approach to this. Some lawyers provide periodic report letters; others call you on a periodic basis or when something happens; still others will ask you to call when you have questions.
For more on hiring a Personal Injury Lawyer, go to www.BurtBurnett.com or call toll free 800-501-2091 to reach someone direct.
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
As you tell the lawyer about your accident, he or she may ask questions about it. Frequently, lawyers wait until you have told them everything before asking questions. While some of these questions may be difficult to hear, let alone answer, your lawyer does need to know the answers in order to help you find the best solution for your case. Your lawyer will collect a variety of information relating to your accident or injury, including facts about your medical treatment, others involved in the accident, potential witnesses, and more. He or she will likely also discuss practical aspects of your case such as a representation agreement, different types of legal fees, and the kinds of costs you can expect in your case.
Here is an idea of what you can expect during your first meeting with an attorney:
The lawyer may ask you to sign a form authorizing the release of your medical information from health care providers, so that he or she can obtain your medical records on your behalf
The lawyer will want to know about all your insurance coverage.
The lawyer will ask if you have talked to any insurance adjustors and if so, what you have said and whether you provided a recorded or written statement about the accident or injury.
The lawyer will ask if anyone else has interviewed you about the accident or your injuries, and if so, with whom you spoke and the details of what was discussed.
If it isn't evident by looking at you, the lawyer may ask about the current status of your injuries -- whether you are in pain, what your prognosis is, etc.
The lawyer may advise you to see your doctor if you have any lingering physical problems or complaints. If you don't see your doctor and later decide to pursue a legal claim for your injuries, the defendant may argue that you aren't seriously hurt, on the theory that no doctor visit indicates no medical problems.
The lawyer may decide to consider your case, and to contact you shortly after the meeting to discuss your legal options. This is a common practice in injury cases, so you should not read anything into it.
The lawyer may decline to take your case. He or she may do this for many reasons, such as his or her current caseload, capabilities or specialties, economic situation, or family responsibilities. You also may learn that in the lawyer's opinion, you do not have much of a case. While this is valuable information, and it is better to get such an opinion early, you should by all means seek a second opinion from another attorney.
The lawyer may refer you to another lawyer. This happens when the lawyer cannot take your case for any number of reasons, or when he or she thinks that the other lawyer can do a better job under the circumstances.
The lawyer may ask you to sign a retainer contract or other form of agreement for representation. Read the contract carefully and ask questions before you sign it. You should be able to take the contract home to study it before signing.
The lawyer will tell you what the next steps are. There may be a factual investigation before a lawsuit is filed or settlement is considered, and the lawyer may be able to give you a rough estimate of how long it will take to resolve the case.
The lawyer will tell you not to talk about the case with others, and that you should refer questions back to him or her. This is very important advice. Just as loose lips sink ships, stray comments can ruin your case in the courtroom.
The lawyer will probably give you an idea of how he or she intends to keep you informed of progress in your case. There is no unified approach to this. Some lawyers provide periodic report letters; others call you on a periodic basis or when something happens; still others will ask you to call when you have questions.
For more on hiring a Personal Injury Lawyer, go to www.BurtBurnett.com or call toll free 800-501-2091 to reach someone direct.
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
Monday, July 12, 2010
Physical Impairment and Permanent Injury Cases
The law defines future physical impairment as a separate element of damages above and beyond pain and suffering. It refers to things like the loss of the ability to enjoy recreational sports or to perform routine household chores, and can also include loss of enjoyment of life.
The injuries which cause permanent physical impairment often require significant medical treatment and can have serious, long-term effects on the victim's life. Some catastrophic injuries can render the victim permanently disabled, in significant pain, and even shorten the lifespan of the victim.
The plaintiff’s burden of proof in physical impairment cases is to prove that a significant physical limitation exists as a result of the injuries sustained, so significant, in fact, that the impairment produces a separate and distinct substantial loss.
When someone suffers from a permanent or catastrophic injury, it is most likely the result of a vehicle accident. Car accidents, truck accidents and motorcycle accidents are among the leading causes of wrongful death or catastrophic personal injury in Texas.
If you or a member of your family is involved in an accident resulting in long-term, permanent or catastrophic injury, The Law Firm of Burt Burnett can answer your questions and advise you on how to protect your rights and receive the settlement you are entitled to. Whether you're in Dallas, Ft. Worth, Plano, Allen, Eagle Pass, Abilene or anywhere else in the state of Texas and need a permanent injury attorney, we're here to help.
Call 800-501-2091, click on the headline for a free online evaluation, or email us directly at Online@BurtBurnett.com
___
http://www.BurtBurnett.com
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
The injuries which cause permanent physical impairment often require significant medical treatment and can have serious, long-term effects on the victim's life. Some catastrophic injuries can render the victim permanently disabled, in significant pain, and even shorten the lifespan of the victim.
The plaintiff’s burden of proof in physical impairment cases is to prove that a significant physical limitation exists as a result of the injuries sustained, so significant, in fact, that the impairment produces a separate and distinct substantial loss.
When someone suffers from a permanent or catastrophic injury, it is most likely the result of a vehicle accident. Car accidents, truck accidents and motorcycle accidents are among the leading causes of wrongful death or catastrophic personal injury in Texas.
If you or a member of your family is involved in an accident resulting in long-term, permanent or catastrophic injury, The Law Firm of Burt Burnett can answer your questions and advise you on how to protect your rights and receive the settlement you are entitled to. Whether you're in Dallas, Ft. Worth, Plano, Allen, Eagle Pass, Abilene or anywhere else in the state of Texas and need a permanent injury attorney, we're here to help.
Call 800-501-2091, click on the headline for a free online evaluation, or email us directly at Online@BurtBurnett.com
___
http://www.BurtBurnett.com
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
Friday, July 9, 2010
9 Things You Need to Know if You are in an Accident
If you've been hurt in an accident, or even think you may have been hurt, here are the nine most important things you need to know, Part 1 (1-3)
1. You need to go the doctor as soon as possible if you haven't already gone. Don't delay. A doctor's visit is not just for medical reasons. The longer the time between the accident date and the date you first go to the doctor, the more the insurance company will try to penalize you.
2. You need to go to the right doctor. Not all doctors have practices that will provide the specific kind of care that accident patients need. For example, you will usually not receive the necessary attention and treatment from a family doctor or primary care physician that you will from a doctor who specializes in treating people who have been injured in an accident.
3. You need to go to all of the doctor and physical therapy appointments that are prescribed for you. People sometimes fail to complete the treatment program prescribed by their doctor. This is a mistake, both for medical reasons and in terms of the insurance claim. You may not heal as quickly or even at all, and you'll likely receive less from the settlement.
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
1. You need to go the doctor as soon as possible if you haven't already gone. Don't delay. A doctor's visit is not just for medical reasons. The longer the time between the accident date and the date you first go to the doctor, the more the insurance company will try to penalize you.
2. You need to go to the right doctor. Not all doctors have practices that will provide the specific kind of care that accident patients need. For example, you will usually not receive the necessary attention and treatment from a family doctor or primary care physician that you will from a doctor who specializes in treating people who have been injured in an accident.
3. You need to go to all of the doctor and physical therapy appointments that are prescribed for you. People sometimes fail to complete the treatment program prescribed by their doctor. This is a mistake, both for medical reasons and in terms of the insurance claim. You may not heal as quickly or even at all, and you'll likely receive less from the settlement.
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
Thursday, July 8, 2010
9 Things You Need to know if you are Hurt in an Accident (Part 2)
If you've been hurt in an accident, or even think you may have been hurt, here are the nine most important things you need to know part 2 4-6:
4. Contrary to the way that he or she may act, the insurance company adjuster is not your friend. He or she has one ultimate goal: to convince you to settle your case for as little as possible, and often for much less than it's worth. Don't be fooled.
5. You may be entitled to a number of different types of monetary damages under Texas law. If you don't know how each one may apply to your case, find someone to help you who does know. The seven most common types of damages are:
-Medical expenses
-Loss of earnings
-Pain and suffering
-Loss of consortium
-Permanent impairment
-Disfigurement
-Damage to your vehicle
6. You have to be extremely careful what you say to the insurance company - for example, how you describe the accident or your injuries. They will try to use everything you say against you. Even an offhand remark or side comment can potentially lead to a dramatic decrease in the settlement offered to you on a claim.
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
4. Contrary to the way that he or she may act, the insurance company adjuster is not your friend. He or she has one ultimate goal: to convince you to settle your case for as little as possible, and often for much less than it's worth. Don't be fooled.
5. You may be entitled to a number of different types of monetary damages under Texas law. If you don't know how each one may apply to your case, find someone to help you who does know. The seven most common types of damages are:
-Medical expenses
-Loss of earnings
-Pain and suffering
-Loss of consortium
-Permanent impairment
-Disfigurement
-Damage to your vehicle
6. You have to be extremely careful what you say to the insurance company - for example, how you describe the accident or your injuries. They will try to use everything you say against you. Even an offhand remark or side comment can potentially lead to a dramatic decrease in the settlement offered to you on a claim.
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
Tuesday, July 6, 2010
9 Things You Need to Know if your Hurt in an Accident (Part Three 7-9)
If you've been hurt in an accident, or even think you may have been hurt, here are the nine most important things you need to know starting with #9:
7. The insurance company will usually treat you more fairly with regard to the damage to your car than they will for your injury claim. (And there's a good chance they won't treat you fairly on the damage to your car.)
8. The insurance company adjusters are full of tricks. They will try to trick you into thinking they're helping you. They may try to trick you into settling your case before your medical treatment is finished. They may even trick you into thinking you don't need a lawyer. Unfortunately, they could eventually trick you into settling your case without getting what you justly deserve.
9. When it comes to handling accident and injury cases, not all personal injury lawyers are the same:
-Not all have experience in handling accident and injury cases
-Not all are skilled in the art of negotiating
-Not all are personally involved in their clients' cases
-There is only 1% of Personal Injury Attorneys that are Trial Texas Board Certified Specialist. So why call an experenced lawyer, when you can have a Specialist represent your case. 800-501-2091
If we can help you in any way, or answer any questions you may have, please don't hesitate to call us. Whether you need an auto accident lawyer, a slip and fall accident attorney, or you've been in some other type of accident, I can evaluate your case, explain your rights and options, and help you obtain fair compensation. Whether you're in Dallas, Fort Worth, Plano, Allen, McKinney, or anywhere else in Texas, and need a personal injury attorney, we're here to help.
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
7. The insurance company will usually treat you more fairly with regard to the damage to your car than they will for your injury claim. (And there's a good chance they won't treat you fairly on the damage to your car.)
8. The insurance company adjusters are full of tricks. They will try to trick you into thinking they're helping you. They may try to trick you into settling your case before your medical treatment is finished. They may even trick you into thinking you don't need a lawyer. Unfortunately, they could eventually trick you into settling your case without getting what you justly deserve.
9. When it comes to handling accident and injury cases, not all personal injury lawyers are the same:
-Not all have experience in handling accident and injury cases
-Not all are skilled in the art of negotiating
-Not all are personally involved in their clients' cases
-There is only 1% of Personal Injury Attorneys that are Trial Texas Board Certified Specialist. So why call an experenced lawyer, when you can have a Specialist represent your case. 800-501-2091
If we can help you in any way, or answer any questions you may have, please don't hesitate to call us. Whether you need an auto accident lawyer, a slip and fall accident attorney, or you've been in some other type of accident, I can evaluate your case, explain your rights and options, and help you obtain fair compensation. Whether you're in Dallas, Fort Worth, Plano, Allen, McKinney, or anywhere else in Texas, and need a personal injury attorney, we're here to help.
The stories and situations mentioned on this blog are for informational purposes only. The Burnett Law Firm does not claim to represent any party referenced in this post. This blog exists to raise public awareness of the very real dangers we face every day and to serve as a central location where information and opinions can be exchanged with regard to the way that the situations mentioned on this site are impacted by existing legal statutes.
Subscribe to:
Posts (Atom)