SettlementBoard.com News, Articles and Information for Legal Junkies

20Oct/110

Motorcycle Accidents in Tampa: The Role of the Attorney

An article in tampabay.com on June 25th reported: Deputies search for gray Cadillac in hit-and-run that killed motorcyclist. A fatal motorcycle crash happens nearly every day somewhere in the United States—but every death is personal. In the article, one of the siblings of the deceased requested the public to come forward with any clue regarding the negligent driver of the Cadillac.

It is difficult to deal with insurance companies and police reports while recovering from injuries or the loss of a loved one. But it is a simple fact that the sooner someone deals with an accident, gathers evidence, and talks to witnesses, the stronger your case is likely to be if another party is responsible for your injuries. Thus, it simply makes sense to approach an attorney who is experienced in dealing with motorcycle accidents in the same jurisdiction where the accident has taken place. If an accident happens in the Tampa area, it is easier for a local attorney to visit the accident scene and investigate the accident. If you have suffered serious injuries, contact a motorcycle accident attorney in Tampa as soon as possible.

Most accident attorneys do not charge for an initial consultation. And most charge on a contingency fee basis if they accept your case. These means you do not pay unless an attorney wins you compensation. If you are in a motorcycle accident, an attorney can do the following:

  • Investigate the accident and determine who is at fault
  • Help you determine the total cost of damages, including medical bills, lost wages, future lost wages, and other expenses
  • Build your case by getting reports from the police department  in Tampa, statements from witnesses, and photos of the accident scene
  • Negotiate with the insurance company of the defendant for a fair settlement
  • Take the case to court if necessary

If you suffer injury in a motorcycle accident because of the negligence of another person, remember: the law is on your side.


20Oct/110

Personal Injury Lawsuit for Brain Injury

A brain injury can result from a car crash, a workplace accident, a slip and fall, medical malpractice or other causes. If you believe another person was responsible for your injury, you may be entitled to compensation for damages. More than most other injuries, a brain injury can be fatal or result in permanent or temporary disability.

If you or a loved one is the victim of brain injury due to an accident in Rhode Island, you should contact an experienced Rhode Island injury law firm for legal assistance. While a victim concentrates on medical treatment and recovery, an attorney can concentrate on winning compensation for medical bills, lost wages, and other damages.

A brain injury can be categorized as either a traumatic brain injury or a non-traumatic brain injury. Both types of injuries can fall under personal injury laws in U.S. states, including Iowa. Traumatic brain injury is due to an impact to the head. This often occurs during vehicle accidents, when a heavy object strikes the head, or when the head of a victim sharply hits the ground.

Non-traumatic brain injury is commonly due to non-violent incidents, such as exposure to toxic substances in the workplace or medical malpractice.

Following are the common clinical problems related to traumatic brain injuries:

  • Closed head injury
  • Open head injuries
  • Concussion
  • Post-traumatic stress disorder
  • Depression

It is important to save medical records of your traumatic brain injury and provide them to your attorney. The more evidence and documentation your attorney has, the stronger your case is likely to be.

Below are the symptoms of non-traumatic brain injuries:

  • Speech and sensory troubles
  • Problems with memory
  • Cognitive impairment
  • Diminishing muscle coordination
  • Emotional and psychological distress

If you are injured, seek medical attention. If you believe another party caused your injuries, seek an attorney as soon as possible.



15Sep/110

The Difference between Compensatory and Punitive Damages

Dealing with any accidental injury can be stressful—and the stress increases when the victim knows the accident was avoidable, if someone else had only exercised reasonable care.  Particularly in the case of serious injuries, it is common to want to see the negligent parties punished for their acts.  While injury victims can generally pursue compensatory damages for a variety of expenses related to their injuries, it is also sometimes possible to pursue punitive damages.

California State University  offers a detailed explanation of the differences between compensatory and punitive damages.  In general, the difference between the two pertains to the nature of the act that caused injury, as follows:

  • Compensatory damages pay injury victims for all costs related to their injuries.  In addition to past, current, and future anticipated medical expenses, these can include, but are not limited to, time lost from work, loss of earnings ability due to a permanent disability, costs related to personal and family care during recovery, or even pain and suffering
  • Punitive damages, in addition to compensatory damages, only apply in certain types of situations.  As the name implies, the intent of these damages is to punish defendants for reprehensible behavior, and deter them from repeating similar offenses in the future.  One example is when a defendant commits a crime that causes injury.  While the defendant answers for the act in criminal court, victims can sue in civil court.  Moreover, the criminal court decision has no bearing on the civil court decision—the two cases are separate and distinct

It probably seems clear that punitive damages do not make sense in most cases unless the liable party performed a willful act that caused your injury.  However, compensatory damages can provide the funds you need to avoid out-of-pocket expenses, even if serious injuries affect the rest of your life.

In and around Indiana as early as your initial consultation, an experienced Phildadelphia personal injury attorney can often accurately predict the compensation you can expect for your case—whether you pursue compensation from insurance claims, an out-of-court settlement, or a jury trial.  In addition, your attorney can determine if punitive damages make sense.

12Sep/110

Auto Accidents in Orange County

Liability and compensation are the two issues that often need legal attention after auto accidents.

If you or a dear one in your family has suffered serious injuries in an accident in Orange County, it is impossible to attend to legal formalities while you are injured, depressed, preoccupied with your recovery, and more importantly, dealing with unexpected monetary outflows. Reach out to a skillful Orange County auto accident attorney who can help you with all legal aspects of your case and win you the compensation you deserve.

Determining who was at fault for the accident is often the first step after receiving immediate medical care. Road rules in California are complex and you or the other driver may be liable if either of you caused the accident while violating traffic laws. Liability based on the violation of traffic laws is common, though it always has to be explained how the violation contributed to the accident.

Since it is rare for one party to be completely at fault, California follows the law of comparative fault. Hence the percentage of liability of the parties involved can vary. After determining the liability and comparative fault in a case, the party determined to be most negligent may owe compensation to an injured party for damages, including:

• Medical treatment
• Property damage
• Loss of wages
• Pain and suffering
• Punitive damages

If you are injured in a crash, an experienced and capable auto accident lawyer can help you fight for the compensation you are entitled to receive.