Blog

Personal Injury Claims vs. Personal Injury Lawsuits

Many people don’t know the difference between a personal injury claim and a personal injury lawsuit. As such, there’s much confusion about when to bring a lawyer into the process. In many people’s minds, you don’t need a lawyer until you decide to file a lawsuit, but as is often the case with legal matters, it’s not that simple.

Personal Injury Claim

The claim is the first step in the process. A claim isn’t filed with the court, it’s filed with the insurance company (either theirs or yours, depending on the situation). Seems simple enough. So simple, in fact, that a lot of people handle this process themselves. In some cases, that’s not a problem, but in many cases, you should actually consult a personal injury lawyer before you file the claim.  ...Continue Reading

Good Samaritan Laws

These days, it seems like running to the rescue could make you the villain instead of the hero. Save a life by giving CPR… get sued for breaking their ribs. Is it worth it? That’s why most states (most countries, actually) have laws commonly known as “Good Samaritan Laws.” These laws are in place to prevent a bystanders’ hesitation to give aid in an emergency situation. They’re also in place to give accident victims who’s injuries are made worse by a reckless rescuer the right to compensation.  ...Continue Reading

Who Can File a Personal Injury Lawsuit?

If you’ve been injured in an accident, you may be wondering whether you can file a personal injury lawsuit against the person at fault. That depends on a number of factors. The best way to find out whether you can and should file a claim is to consult a personal injury lawyer. But there are a few rules of thumb everyone should know.

You’re on the Clock  ...Continue Reading

How to Work with Your Personal Injury Lawyer

Most people don’t think about working with lawyers until something happens. If you’ve been injured in an accident, you probably have a lot of questions about what it will be like. First, you should know that these cases can potentially take years. Other than that, you need to know the best ways to help your lawyer do the best work he or she can for you.

The Initial Consultation   ...Continue Reading

Preparing for Cross-Examination

If your personal injury case goes to trial, the defendant’s lawyer has the right to cross-examine you. During this cross-examination (often just called “cross”), the defendant’s lawyer will ask you questions that challenge your version of events in an attempt to make it appear as though the defendant’s version of events is more accurate.

It’s important that you’re prepared for these questions. Some of them will force you to admit unfortunate truths, some are designed to call your credibility into question, and still others may be designed to confuse you. This can be one of the most uncomfortable parts of the trial. Much like in a deposition, preparation is key. Follow these tips for a successful cross-examination.  ...Continue Reading

Why Representing Yourself in a Personal Injury Claim is a Bad Idea

If you’re injured and decide to file suit, it can be tempting to handle the case yourself, especially if it’s a small matter or if it seems simple. After all, that way, you don’t hand over any portion of your settlement to a personal injury lawyer. In some cases, that may be an acceptable alternative, but we encourage you to think carefully before you make that very important decision. In most cases, a personal injury lawyer is worth every penny.

Understanding the Law  ...Continue Reading

The Dangers of Texting While Driving

Most of the posts on this blog give you vital information you need to make an informed decision after you’ve been in an accident and need a personal injury lawyer. In this post, we’d like to discuss an increasingly important issue – texting while driving. Hopefully, the information in this post will convince you and your teens to avoid this highly dangerous activity.

According to the National Highway Traffic Safety Administration, distracted driving was responsible for 20 percent of  car accidents that resulted in injury in 2009. One of the most common distractions these days seems to be a smart phone.  ...Continue Reading

What You Should Know About Mediation

In our last blog, we talked about arbitration. This week, we’ll discuss another form of alternative dispute resolution, mediation. As we pointed out previously, the main difference between mediation and arbitration is that mediation isn’t binding, whereas arbitration usually is.

In mediation, a neutral third party (the mediator), helps the people in dispute negotiate their own fair settlement. They may at times make suggestions about potential fair agreements, but for the most part, they simply help you have an open dialogue with the other party. The goal is to help you reach a decision that both parties think is fair, unlike a court decision or arbitration, in which, often, neither party is completely happy with the outcome.  ...Continue Reading

What You Should Know About Arbitration

Arbitration is a type of alternative dispute resolution (ADR). Basically, it’s an alternative to settle a dispute outside of the court system. Many people confuse mediation and arbitration (or think they’re the same thing). While there are many similarities, the main difference you need to know for now is that in mediation, even if the mediator suggests a solution, the parties aren’t bound to accept it.

The decision of the arbitrator, however, is typically binding on both parties. Arbitration is most common in commercial and employment disputes. For instance, the contract you sign with your car dealer or your employer may contain an arbitration clause. It may also be mandated by state law in some circumstances. However, you can also enter into arbitration voluntarily.  ...Continue Reading

The Fair Debt Collection Practices Act: What Consumers Need to Know

Consumer protection seems to have been the theme in Congress in recent years. They established the Consumer Financial Protection Bureau to take some of the burden of consumer protection from other agencies (like the FTC) through the Wall Street Reform and Consumer Protection Act. They also enacted the Red Flags Rule, which requires creditors to confirm the identity of the people with whom they do business in a more concerted effort to curb identity theft. However, these weren’t the first steps taken by Congress to protect consumers from unscrupulous creditors.  ...Continue Reading