Qualities of a Trustworthy Personal Injury Attorney

When it comes time to hire a personal injury attorney you need to get serious about your search. You and your family's livelihood is on the line. Losing your case could prove disastrous. That said, choosing the right lawyer to take your case should be done carefully. Here are a few qualities you should look for in your chosen attorney.

• He has a professional website-Sure you shouldn't judge a book by its cover, but when it comes to hiring a personal injury attorney, you can learn a lot by looking at their website. A good attorney understands the importance of having a clean, well-maintained website to present to you. It's their job to sell themselves to you. And their website is pretty much their resume. Just as a boss wouldn't hire an employee with a sloppy resume, you should not hire a lawyer with a cheap website.

• He and his staff are experienced-With so much at stake, you don't want to entrust your case to a new personal injury attorney. No, you want someone who knows their way around the court room. Someone who has been in the field for many years and has lots of skills under his belt.

• He has a record marked by success-Of course, experience alone is not enough. Your chosen personal injury attorney needs to have a winning record. How can you be sure? Easily. Just look at his site. If he has experienced much success, he'll post about it on his site. Remember, if you have a winning record, you aren't going to hide it. You're going to post it in plain sight for the world to see. It's your strongest selling point.

• He gives a free initial consultation-You should never pay for your initial consultation. Period. That first meeting is for you to gain information and clarity on your situation, as well as deciding if the personal injury attorney is a good fit for your case. Not to mention for your personality. Sometimes people just don't gel. And you shouldn't have to pay to figure that out.

• He's worked for the other side-Your best bet is to find a personal injury attorney who has worked on the other side of the fence. Someone who has represented big employers and insurance companies in the past. The reasoning here is obvious. If they have experience fighting against people like you, then they'll be even more prepared to wage war in your defense. They'll know exactly how the opposing team will fight against you and be adequately prepared for rebuttal. It's like having the opposing team's playbook during a football game, but not cheating. You're sure to win.

Remember, when it's time to hire a personal injury attorney, take it seriously. Look for one who exhibits the above qualities and you'll have yourself a winner. Failing to do so could put your personal finances and well being in grave danger. And why would you do that if there's a feasible option right under your nose?

Choosing An Injury Lawyer: What You Need To Ask

If you've been hurt in an accident due to another party's negligence, it may be in your best interests to seek out the advice and representation of an injury lawyer. While the general public tends to have a certain, jaded view of civil trial attorneys, the truth is that they represent one of the few professions out there that continue to look out for the little guy. If you are facing down the prospect of exorbitant medical bills, lost wages, and possibly even the ramifications of a wrongful death, you'll be glad they are there. Here are some questions you should ask when choosing someone to be on your side.

What's Your Experience?

Don't make the mistake of assuming every injury lawyer is coming to the table with the same credentials. Nothing could be further from the truth. Even if every attorney went to the same law school and graduated with the same grades, there would still be an enormous gap between the best guy for the job and the worst. Some of this is down to skill, but much of it is down to experience. Not only do you want an attorney with years of general courtroom experience, you want someone steeped in your specific case law. For instance, if you've been hurt in a motorcycle accident, you want someone who has handled motorcycle cases in the past. Knowing the ropes can make all the difference.

Who Will I Be Working With?

There's nothing wrong with considering a larger law firm, but you need to know who you'll be working with. Many potential clients sign on with the expectation that they'll be working with the injury lawyer they met with in the initial consultation, or maybe the one who's in all of the TV commercials. This isn't always the case and it can lead to confusion and irritation, to say the least. Before you sign a contract, you deserve to know what exactly it is you'll be getting.

What Is Your Strategy?

An injury lawyer isn't going to be able to map out the entire case for you during an initial consultation, but they should be able to give you a general idea of how they will proceed. Make sure the skeleton of their strategy matches up with what you want out of the case. If you're interested in settling the case as soon as possible, you don't want to sign on with an attorney who is ready to take the case to trial. Being on the same page with your counsel is an extremely important factor of success.

Personal Injury Attorney and Cases

Many times in the legal world, people are placed with personal injury lawsuits. The attorney in a personal injury case is looking for whose fault the accident was and basically if there was a reason for why the person was hurt. For example, if the person is hurt in the home of someone else since the homeowner has a home that is accident prone. In this case, the homeowner is responsible. When the attorney addresses this, then they may file a claim against the person that is responsible, in order to get losses for the victim. And just what kind of losses are people claiming when they make one of these cases? Their attorney may sue for medical costs that they have received from the damages that they had at the home. They may also sue for the money that they have lost from being unable to work due to their injuries.

There are quite a few factors that are going to contribute to whether the person has a personal injury case or not. For example, assertion of risk is a factor that has to be considered. Which is basically stating that the person knew that they were taking a risk when they went into an area or performed a job. If the defendant can state the client did know the risk, then the attorney may state that the client does not have much of a case to stand on, thus it is not the case that the attorney is going to want to take. However, the key factor that most personal injury attorney's are looking for is liability. Liability is when the person is held liable when it can be determined that a person was hurt because the person did not take the responsibly for safety that they should have.

Personal injury is something that takes up a lot of cases, and a lot of time that an attorney is spending in courts and preparing. However, it is intriguing to know that the majority of personal injury cases never really make it to court. The reason for this is that most attorney's and their clients are ready to settle out of court to avoid not only the length of trails but the added cost to going to trial. Many people are going to have their trial heard in small claims court in which a judge may hear the case and allow the parties to reach a decision that is mutual. If the parties cannot make a decision that is mutual, then the case may then go to state court, and perhaps even federal court, though this is rare.

What Exactly Is A Personal Injury Attorney?

A personal injury lawyer is someone who can legally represent you in a case that has been caused because of an injury, whether it is psychological or if the injury is because of something physical. It can be caused from another individual, employer, employee, etc..If you have had an injury caused by someone else they may handle your court case.

Most of these cases fall under the category of tort law. Because of this they may have more knowledge in this field than other general practicing attorneys. Tort law deals with economic and non-economic claims to an individual.

Although a personal injury lawyer can handle other cases besides tort law, most often they will only take on these types of cases. That is how they are identified.

The major practicing areas for personal injury lawyers are most often the following but not limited to:

Car Accidents - vehicle wrecks, wrongful death, property damage, non-compliance to motor vehicle code, anything that deals with an automobile accident, etc..

Truck Accidents - proper loading, truck inspection, driver fatigue, and any other truck related cases.

Motorcycle Accidents - not wearing a helmet, lane changes, personal injury, not adhering to motorcycle codes, etc..

Pedestrian Accidents - striking a pedestrian, crosswalk violations, hit by an uninsured driver, etc..

Drunk Driving - alcohol impaired driving accidents.

Bicycle Accidents - riding on the sidewalk and not adhering to bicycle codes and bicycle related accidents.

Medical Malpractice - any malpractice dealing with medical problems or injuries.

Premises Liability - negligent accidents such as slip and falls and other premises accidents.

Wrongful Death - the wrongful death of an individual.

Dog Bites - animal attacks and other injuries that have been caused by animals.

A personal injury attorney must follow the same legal code of ethics that all other lawyers adhere to. After passing the bar exam and other legal documents they can represent you in a court of law. These are strict codes of conduct that are very detailed and are different from state to state.

Most attorneys are paid with a contingency policy attached to your particular case. A percentage will be awarded to the attorney based upon the settlement outcome. This is the most popular method of compensation but not all injury attorneys have the same type of payment option. It is popular because it allows the client to get legal representation without having to put any money up front. The attorney is only awarded on the performance outcome.

If you have been injured in Chicago Illinois and need a Chicago personal injury lawyer then contact Dwyer & McDevitt by clicking on the highlighted links. Chicago car accident attorneys will handle many types of vehicular cases.

Pennsylvania Injury Lawyer Talks About Philadelphia Injury To Pedestrian

This article has a sample complaint for a pedestrian who is struck by a car. The complaint also seeks damages for the pedestrian's wife.

1. Plaintiff, Joshua Williams is an adult individual who resides at the address indicated in the caption.

2. Plaintiff, Rachel Williams is an adult individual who resides at the address indicated in the caption.

3. Defendant, Gina Davis is an adult individual who resides at the address indicated in the caption.

4. On or about October 5, 2006 at approximately 5:15 P.M., plaintiff, Joshua Williams was a pedestrian who was struck by a motor vehicle at or near Curie Boulevard and University Avenue, Philadelphia, Pennsylvania, as a result of which he sustained serious personal injuries, the details of which are hereafter more fully set forth.

5. At the aforesaid time date and place, the said motor vehicle was owned and operated by defendant, Gina Davis.

6. The said accident was caused solely by the negligence of defendant, Gina Davis and was due in no manner whatsoever to any actions taken by plaintiff.

7. Following the accident, plaintiff, Joshua Williams was required to undergo medical attention with the following health care providers:

Hospital of the University of Pennsylvania

Benjamin Chang, M.D.

8. Plaintiff avers that the injuries he sustained in the above accident were the result of the defendant's negligence which consisted of the following:

a. Operating the motor vehicle at a high and excessive rate of speed under the circumstances;

b. Failing to have the said motor vehicle under proper and adequate control at the time;

c. Failing to give proper and sufficient warning of the approach of the said vehicle;

d. Operating the said vehicle without due regard for the rights, safety and position of the plaintiff at the point aforesaid;

e. Violating the various ordinances of the City of Philadelphia and the statutes of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles;

f. With plaintiff in plain view, failing to exercise care and vigilance so as to avoid hitting plaintiff;

g. Passing a stopped bus and over double yellow lines before striking the body of the plaintiff;

h. Otherwise failing to exercise due care under the circumstances.

COUNT I

JOSHUA WILLIAMS v. GINA DAVIS

9. The allegations contained in paragraphs 1 through 8 above are incorporated by reference as though set forth in full.

10. As the result of the defendant's negligence, plaintiff sustained severe personal injuries including but not limited to left fifth finger fracture, contusions, shoulder and knee pain, shock and injury to his nerves and nervous system, and he was otherwise injured.

11. As a result of this accident, the plaintiff became sick, sore, lame and incurred physical pain all of which may continue in the future.

12. As a further result of this accident, the plaintiff has suffered great pain and agony and will continue to suffer the same in the future.

13. As a further result of this accident, the plaintiff has suffered an injury which is in full or part a cosmetic disfigurement which may be permanent, irreparable and severe.

14. Plaintiff has the full tort option since the motor vehicle he owned at the time of this accident carried the full tort option.

15. As a further result of this accident, plaintiff has been and/or will be obliged to receive and undergo medical attention and care and to expend various sums of money or to incur various expenses which have or may exceed the sum recoverable under the limits in 75 P.S. §1711 and he may be obliged to continue to expend such sums or incur such expenditures for an indefinite time in the future.

16. As a further result of this accident, plaintiff has or may incur hereafter other financial expenses or losses which exceed amounts which he may otherwise or entitled to recover or which may constitute otherwise unrecoverable expenses or losses.

WHEREFORE, plaintiff, Joshua Williams demands judgment in his favor and against the defendant, Gina Davis in an amount not in excess of FIFTY THOUSAND ($50,000.00) DOLLARS, plus costs.

COUNT II

RACHEL WILLIAMS v. GINA DAVIS

17. Plaintiff, Rachel Williams hereby incorporates paragraphs 1 through 16 above as if set forth herein at length.

18. Solely as a result of the foregoing negligence of the defendant, plaintiff, Rachel Williams has been deprived of the aid, comfort, assistance, society, companionship and services of her husband, and she may be deprived of the same in the future, all of which is to her great damage and financial loss.

19. As a further result of this accident, plaintiff, Rachel Williams has been or will be obliged to expend various sums of money or to incur various expenses resulting from the aforementioned injuries suffered by plaintiff, Joshua Williams, and she may be obliged to continue to expend such sums or incur such expenditures for an indefinite time in the future.

WHEREFORE, plaintiff, Rachel Williams demands judgment in her favor and against the defendant, Gina Davis in an amount not in excess of FIFTY THOUSAND ($50,000.00) DOLLAR, plus costs.

For more information about Evan Aidman, a Philadelphia, PA Injury Lawyer and his work with clients with serious injuries click here: Philadelphia, PA Injury Lawyer

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

A Philadelphia Personal Injury Lawyer Talks About Slip And Fall Injuries And Settlement

For a case involving injuries resulting from a slip and fall on ice, a special settlement demand letter is warranted. Here is a sample for you to use in your own case.

Dear Insurance Adjuster:

Enclosed is wage loss documentation and the complete medical specials for Nira Thomas. Ms. Thomas was severely injured on January 9, 2001 in a fall down accident for which you have accepted full liability.

Nira Thomas fell flat on her back after sliding on the ice on your insured's property. She immediately made an appointment with Dr. Jess P. Jones and was seen by him later that day. Ms. Thomas received chiropractic treatments from Dr. Jones on January 9, 11, 17, 29 and February 5, 2001. Because the pain was not abating after these treatments, Ms. Thomas requested a referral to an orthopaedist. The pain actually got worse during the first six weeks after the accident. The injury was exacerbated in the first two months by the physical and emotional stress of Ms. Thomas's work responsibilities, which as detailed below, she was unable to substantially curtail.

Dr. Leroy Hamm examined Nira Thomas on February 12, and March 14, 2001. Dr. Hamm's reports document that Ms. Thomas had been having some lower back pain just prior to this accident. The accident of January 9, 2001 exacerbated her lower back pain, causing it to radiate to her right buttock. Dr. Hamm diagnosed Ms. Thomas as having suffered a lumbo sacral strain. He prescribed medication and a lower back physical therapy program. My client took medication for several months in conjunction with physical therapy, reducing the medication as tolerable.

Ms. Thomas began receiving physical therapy on February 15, 2001 at Nova Care. She treated consistently through May 18, 2001. Ms. Thomas received additional treatment at Physical Therapy Now from May 21, 2001 to December 4, 2001. It was only this physical therapy which provided significant relief to my client.

Ms. Thomas was examined by her internist, Dr. William Schetzy in the Fall of 2001. The report he prepared for the U.S. Department of Labor is enclosed.

Note that Nira Thomas continues to this day to suffer considerable back pain and has significant limitation in her activities of daily living as the result of this accident. She takes pain medication typically on an intermittent basis, and on a daily basis when the pain is exacerbated. She does exercises at home and receives massages from her husband, Robert.

The marital strain on both of my clients, sexual, emotional and physical from the time of this accident, has been great. In addition to the daily marital and personal and work stresses Ms. Thomas has been under, the delay in pursuing her biological reproductive objectives greatly impacted and continues to impact my clients to this day. Financially, emotionally, physically and spiritually, it has been devastating.

Following the accident, Ms. Thomas's supervisor would not permit her to substantially reduce her total weekly hours or work responsibilities for many weeks, until she was determined to be qualified under FMLA. In extreme pain in January-March, 2001, Ms. Thomas alternated standing and sitting at her desk, attempting to work on the computer. She was unable to sit for more than 10-15 minutes at a time. It was only after the FMLA qualification was submitted to the Human Resources department, that her supervisor was obligated to reduced Ms. Thomas's hours and shift some of her work load to another employee. Until then, Ms. Thomas simply worked through the pain.

Another work consequence of the injury was that this supervisor did not allow Ms. Thomas to pursue professional development training programs in the Spring of 2001. My client had previously signed up for these programs but could not attend them because of her decreased hours. This loss of professional development for Ms. Thomas has impacted her earning horizons. Ms. Thomas loss in productivity after the accident was a major reason that she did not get a raise or cost of living increase during her annual review in July, 2001.

In view of the clear liability and severity of the damages sustained, settlement demand is hereby made in the amount of $85,000.00 for Nira Thomas and $10,000.00 for Robert Thomas. Please contact me after your review of this claim is complete.

For more information about Evan Aidman, a Philadelphia, PA Injury Lawyer and his work with clients with serious injuries click here: Philadelphia, PA Injury Attorney

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.

A Philadelphia Brain Injury Lawyer Talks About ADR and Brain Injury and Head Injury Litigation

Jury trials are expensive, time consuming, stressful and risky. Many litigants prefer Alternate Dispute Resolution (ADR). The principle forms of ADR are mediation and binding arbitration. ADR can take place in virtually any setting, utilizing virtually any procedure, provided that everyone agrees.

There are many companies that offer arbitration/mediation services for legal disputes.

Mediation involves bringing the sides together before a (hopefully) neutral mediator. This can be a judge, an ex-judge, a practicing attorney, a professional mediator or any other individual both sides agree on. By bringing the parties together in this setting, the mediator hopes to expedite settlement of the case or, at least, to bring the sides closer together.

Mediators promote settlements by pointing out vulnerabilities that the parties may not realize exist in their own case. The mediator's neutral perspective may give both sides the first truly independent evaluation of the case. This can greatly influence the way the parties view the settlement value of the case.

Binding arbitration is second choice, and a better option if the sides are entrenched in their positions. Binding arbitration may involve a mini or summary trial. The rules of evidence are relaxed to permit admission of evidence without the formalities required in jury trials.

For example, medical reports may be used to prove damages rather than medical testimony. This greatly reduces the length and expense of litigation. With binding arbitration, the ruling of the arbitrator ends the dispute. With non-binding, the ruling is advisory only.

High-low arbitrations are a special kind of binding arbitration in which the parties agree to high-low parameters. These parameters set the upper and lower limits of the award. For example, in a 100/10 high-low arbitration, the most the plaintiff could receive is $100,000, regardless of the size of the award. The lowest possible award would be $10,000, even if the arbitrator returned a $0 award. If the award is somewhere between $10,000 and $100,000, the plaintiff receives that in-between amount.

United States Arbitration and Mediation is a company that uses high-low arbitrations.

The scary thing about submitting your legal dispute to binding arbitration is that it is binding. Absent gross misconduct by an arbitrator or litigant, here is essentially no appeal from an unsatisfactory binding arbitration award. With jury trials, the grounds for reversal on appeal are much broader. Thus, one of the most crucial elements of any binding arbitration is the identity of the arbitrator(s).

With a jury trial, you case is decided by "a jury of your peers". You have some degree of control over the makeup of that jury through the voir dire process. Effective voir dire is crucial to a good outcome and requires great care. With binding arbitrations, you must select the arbitrator(s) with an even higher degree of care.

The danger with arbitration is that the arbitrator(s) often have pre-existing relationships with one or more of the attorneys and/or the insurance company. There is little danger of that with juries since jurors who know one of the parties or lawyers are stricken for cause from the panel.

For more information about Evan Aidman, a Philadelphia, PA Brain Injury Lawyer and his work with clients with serious injuries click here: Philadelphia, PA Head Injury Lawyer

Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.