Why You Need a Personal Injury Attorney When You Are Injured

Getting Help Through an Injury Lawyer- Settling the Claim

Injury lawyer helps you in getting compensation for any loss or injury. Compensation via injury claim can be in many situations such as negligent death, medical loss, and defective products to accidents, discrimination, and worker’s compensation.

Claim Settling

The injury lawyer helps you file a case and get compensation for the loss incurred by you in the injury. While choosing a lawyer make sure he is well versed in dealing with insurance companies. Insurance companies represent most of the injury cases from the defendants’ side. An experienced injury lawyer will have the claim settled out of court, as most litigants want to avoid trials and publicity. The settlement amount varies depending on the extent of loss or injury.

Injury Attorney In Case Of Brain Injury

Those who have sustained a brain injury due to an accident can get help from a brain injury lawyer. Proving that whether the brain damage is mild or severe is the main task of a brain injury attorney. A qualified lawyer knows brain science well to prove it. Many law firms deal with cases such as these. You can also find lawyers with specialization in brain injury cases. Specialized lawyers are expensive; however there are some lawyers who work on contingency. A brain injury lawyer works in association with medical experts while dealing with an injury case.
If you are looking for a brain injury claim it is best to get in touch with a lawyer as soon as possible. Delaying the procedure can affect the verdict.

Injury Attorney In Case Of A Work Injury

You can seek help from a work injury lawyer in case you have had an injury at work. Injury at work would be due to negligence of employers, co-workers or the company. Some work accidents are

Florida personal injury attorney, Dell & Schaefer
has represented over 18,000 clients
against major companies as an expert injury lawyer...

Stated simply, Medical Malpractice occurs when a person suffers severe injuries as a result of a professional's misconduct, failure to use adequate care, or lack of skill. The malpractice general rule is that professionals, including doctors, dentists, medical providers, etc., must act with the level of skill and learning commonly possessed by members of the profession in the same geographic community. A professional will only be liable for malpractice if he acted without the requisite minimum skill and competence, not merely because the operation or procedure was not successful.

It is the attorney's obligation to determine as quickly and efficiently as possible whether there is a good, actionable case. This is so because Medical Malpractice cases are by their very nature, complex, expensive to pursue, have a high risk of no recovery, and often involve a client's "personal" attachment. The first step in the process involves the potential client entering into an agreement with the attorney in which agreement sets forth the method of attorney compensation. Typically the attorney agrees to advance all costs, only to be repaid costs in the event of recovery, and to work on a contingent fee basis, that is the attorney would receive a percentage of the gross recovery. Thus, the client will endure no economic loss in the event of no recovery.

During the initial client contact, the attorney will obtain a detailed medical history during which the attorney should obtain the names of all physicians and hospitals who have rendered medical treatment to the client. It is valuable for a client to prepare a written summary (timeline) of all medical treatment including dates, doctors, symptoms, conversations with medical providers, and treatment received. Thereafter, all relevant medical records are obtained by the attorney. In many medical malpractice cases, proof of negligence is found in these records.

In order to determine if there is "medical malpractice" it is necessary that a medical expert be retained to consult with the plaintiff's attorney.

This expert should be well qualified to give a medical opinion, and is therefore frequently board certified in the relevant field of medicine. If, after a thorough review of the pertinent medical records, the medical expert concludes "with reasonable medical certainty that the action or inaction of the defendant physician was the cause of damage to the plaintiff", it is appropriate to file suit against the physician/hospital. Filing suit begins the legal advocacy process which may cover a period of several years. During this period both parties exchange a series of documents. In the first stage, the legal pleading stage, the parties set forth with precision their legal theories. In the second stage called, the discovery stage, the facts to support the various legal theories are developed. If the parties are not able to resolve their differences the case, now in its third stage, we will take the case to trial before a judge and jury.

Source: Attorneys Dell and Schaefer

Florida Personal Injury Lawyers Are Now Giving Away Their Services

Since 1979 our law firm has...

..resolved more than 19,000 cases. The cases listed below are a few of the significant settlements that we have recovered for our clients.

$6,900,000 Product Liability and Auto Accident with Catastrophic Injury, Indian River County
Our client, a 63 year old grandmother, was driving her vehicle at night when suddenly and unexpectantly a sailboat mast penetrated through the windshield of her car. The mast which came through the windshield was stored on a boat trailer that was being towed by the owner of a 35 foot racing sailboat. Amazingly our client survived the accident however she sustained catastrophic injuries requiring multiple facial, brain, and eye surgeries. Our litigation team immediately filed lawsuit against the owner of the sailboat, the driver that was towing the sailboat, the manufacturer of the sailboat and the manufacturer of the trailer for the sailboat. After extensive litigation in Federal Court, we were able to prove that the design of the trailer and the positioning of the mast on the trailer were defective. Just prior to trial, the case was resolved for $6.9 million.

$2,960,000 Auto Accident Injury Requiring Neck Surgery, Broward County
Our client, a 47 year old emergency room physician, was involved in a head on collision while on a vacation in St Augustine, Florida. Immediately following the accident, our client was taken to the hospital and complained of neck pain. However, within one week he was able to return to work. Over four years following the accident, our client underwent neck surgery to repair a herniated disk injury that he sustained in his automobile accident. The driver that caused the accident was underinsured and therefore a lawsuit was filed against our client’s own automobile insurance company (Nationwide Insurance Co.). Prior to trial, Nationwide offered $300,000 to settle the lawsuit. After a seven day jury trial, the jury returned a verdict in the amount of $2,960,000.

$1,950,000 Fetal Distress, Indian River County
Our client, parents of a new born infant, will care for their severely impaired brain damaged child for the rest of the child's life. During the final stages of labor, the attending physician obstetrician failed to monitor vital signs of both mother and child. A Caesarian section when finally ordered was too late to prevent brain damage to the child. The case was settled following a court ordered mediation, but prior to the trial.

$1,750,000 Auto Accident Injury Requiring Neck Surgery, Polk County
Our client, a 47-year-old neurosurgeon was driving his automobile to work when he was rear ended by the defendant and pushed into the car in front of him. Our client returned to work following the accident and sought immediate treatment for neck pain that radiated down his arm. After three years of attempting to deal with the continued neck pain, our client elected to undergo a three level cervical diskectomy and fusion neck surgery. As a result of the neck injury and subsequent surgery, our client was forced to end his career as a neurosurgeon. A lawsuit was filed and within several months a settlement was reached.

$1,015,000 Automobile Strikes Pedestrian, Broward County
Our client, a 69 year old woman, brought her car into a gas station for servicing. The owner of the gas station left the car unattended an in drive with the parking brake engaged, resulting in the car running over our client. She sustained numerous fractured bones and a mangled left arm, rendering it useless. The defense contested that the actions of the defendant were not negligent. After the filing of a lawsuit and numerous depositions, the defendant settled for its $1,000,000 policy limits.

Source: http://www.dnslaw.com

 Why You Need to Hire a Lawyer For Your Serious Injury Case

By Richard Hastings