What Percentage of Personal Injury Cases Go to Trial?

Q: Which Situation Qualifies an Employee for Workers Compensation Coverage?

Workers compensation benefits are paid out to employees who are injured on the job, or who suffer injuries linked to their job duties. These benefits are critical for many employees, particularly those in riskier professions. Let’s take a closer look.

Q: Should I Claim for an Accident at Work?

If you got injured at work, you can sue your employer if you can prove that they intentionally withheld protective goggles from factory workers in an effort to cut costs. Perhaps they knew that this would increase the risk of injury, but did so anyways because of their new cost-cutting approach.

Q: What Should an Employee Do If There Is a Workplace Accident?

Contact a workers’ comp lawyer immediately. They will gather evidence, speak to opposing counsel, and ensure that all procedural requirements are met. Work injury attorneys are comprehensive advocates and are invaluable at every stage of a dispute. Preserve records of the injury. Make sure to save all medical documentation, work documentation, and even pay stubs. These all form an important part of your claim. Do not accept a settlement until you have consulted an attorney. Insurance companies and your boss will always attempt to minimize their liabilities. If you don’t have an attorney advocating on your behalf, they will try to push harder for a quick resolution that undermines your claims.

If you’ve been injured in an accident (whether it’s a car accident or a slip and fall accident or anything else), then you could be entitled to sue the defendant for damages under the law. The prospect of moving forward with a lawsuit can be intimidating and overwhelming for many people, however, especially first-time plaintiffs. But the reality is that most personal injury disputes are not handled in a courtroom trial setting — what percentage of personal injury cases that go to trial is extremely high.

Insurance companies often play a significant role in personal injury cases, as they are typically involved in settlement negotiations and can influence whether a case goes to trial.

So, the fact that what percentage of personal injury cases go to trial is not widely known can impact the stresses felt by injury victims. They don’t realize that most of these personal injury claims are handled in informal settlement negotiations, and often early, well before trial litigation for the personal injury case.

There’s really nothing to be overwhelmed by when it comes to personal injury lawsuits. When you work with an experienced personal injury lawyer, they will handle all aspects of the case on your behalf — and they will not push forward to a high-conflict trial for the personal injury claim unless you demand it, or unless it is absolutely necessary to secure the maximum compensation for you. An experienced personal injury attorney will understand this, and that’s why the percentage of personal injury cases that go to trial is so high.

If you’d like to learn more about “what percentage of personal injury cases go to trial” and “why,” then read on! We’ll explore some of the basics of personal injuries and related disputes, and why it’s so rare to go to trial.

What percentage of cases are settled before trial?

There are no exact numbers, as settlement agreements for personal injury claims are — by their very nature — privately handled, and so the data on how many cases go to trial is not publicly available. That being said, legal industry experts have estimated that as much as 95 percent of personal injury disputes are settled before trial! This is an enormous percentage and tracks with the real-life experiences of most personal injury attorneys.

The fact that the vast majority of cases are resolved through settlement often surprises those who are unfamiliar with litigation — and for good reason. Popular media sells us the image of legal representation as deeply conflict-oriented, aggressive, and institutional. The image of an attorney fiercely and relentlessly advocating in a courtroom setting is the most prominent one in American popular media. To go to trial is deeply “American” in the media. But it’s not the norm in reality.

The process of reaching a personal injury settlement often involves negotiations where both parties assess the strength of the case and agree on a fair compensation amount. This is managed by a personal injury attorney.

It’s not that this image is false. The reality, however, is that most legal representation is oriented toward finding negotiated solutions that are efficient and effective — it is not obsessed with pushing full steam ahead to trial. That being said, skilled accident attorneys understand that the way to most effectively handle a settlement negotiation process is to be fully prepared for trial. Not every attorney is willing to invest the resources and time into preparing themselves for the possibility of trial litigation, so make sure that you address this with whoever you decide to work with.

Why do people settle instead of going to trial?

It’s true that — on the whole — most parties in personal injury cases prefer to settle their accident dispute as opposed to go to trial. There are a number of different reasons for this, but generally speaking, trial litigation comes with negative aspects that parties want to avoid.

Personal injury trials can be particularly daunting due to the extensive preparation and the unpredictability of jury decisions.

These negative aspects include the following:

Uncertainty
Resource-intensive
Exhausting and distracting
Publicity
And more

For now, we’ll address two of the issues: uncertainty and publicity.

Uncertainty is innate to litigation. Should your case proceed to trial, there is no guarantee that you will a) win your case, and b) even if you win, that the court will award you the claimed damages in full. This inherent uncertainty can be bothersome for many parties. For the defendant, it can be extremely intimidating, as they lose hundreds of thousands of dollars (or even millions) following an unexpected court decision.

Given these risks, the large majority of parties prefer to negotiate a settlement that’s based on their shared understanding of the “strength” of the case. For example, if both parties agree that you (the injured plaintiff) have a 70 percent likelihood of winning the case and receiving your damages in full, then your $100,000 damage claim could reasonably result in a $70,000 settlement compromise. It’s ultimately a win-win for both parties, as it avoids the hassle and cost of litigation while ensuring that the agreed-upon number matches the perceived strength of the case.

Publicity is another aspect of litigation that many people don’t realize. Litigation is a matter of public interest — your case can be looked up by anyone, and the details revealed. This isn’t as much of a problem for the injured plaintiff, but for a defendant who has caused the injury to you, the negative publicity could be substantial (i.e., brand damage, reputational harm). Some business brands don’t recover from particularly bad personal injury disputes, especially if their brand is tied in some way to safety.

Settlement negotiations can occur privately, however, and the details of settlement may also remain private. As such, this is vastly preferable for many business defendants. Best of all, it gives you — the injury victim — a great deal of leverage in settlement negotiations, enough to pressure the defendant into offering you a more favorable agreement.

How close to trial do cases settle?

A personal injury claim can settle anytime before the trial is complete. In fact, a personal injury dispute can settle in the middle of a trial! So it may not be too late for your dispute to be resolved through a settlement compromise. Even if a personal injury trial has already begun, parties can still reach a settlement agreement to avoid further litigation. That being said, most cases settle before the trial litigation process begins.

Note: it’s irrelevant to the settlement itself when it occurs. Of course, the deeper into the litigation process that a case settles, the more supportive evidence there may be for your various claims, which can help to validate your settlement request.

Why do lawyers drag out cases?

Plaintiffs’-side attorneys generally do not drag out personal injury lawsuits — in fact, they are incentivized to try and efficiently handle cases, as they usually work on contingency. That means that they only get paid if (and when) you get paid. As such, the longer they work on a case, the more costs they take on.

Defense attorneys, on the other hand, are typically paid on an hourly basis. They are therefore incentivized to drag out a case as long as possible so that they can get paid more by their own client (the defendant). This isn’t necessarily a bad thing, however — the defendant’s costs for longer litigation are much higher than yours (the plaintiff), and as such, it’s easier to pressure them into an early settlement compromise.

How much should I ask for settlement?

What is considered a “fair settlement offer” depends on the circumstances of your case, and more specifically, the likelihood that you will succeed in receiving the compensation that you’re claiming, should the case proceed to trial. As such, you’ll have to evaluate a range of different factors that contribute to your likelihood of success and the defendant’s willingness to settle the dispute.

Understanding personal injury law is crucial in evaluating these factors and determining a fair settlement amount.

These factors include:

The hostility of the defendant
The willingness of the defendant to settle
Business cost dynamics that incentivize the defendant to engage in complex litigation (to discourage others from suing)
The strength of the evidence in support of your liability claim
The strength of the evidence in support of your damages claim
How sympathetic and/or relatable a plaintiff you are to the court
The potential brand/reputational damage that the defendant will face should they allow the case to proceed to trial litigation
And more

For example, suppose that you’re injured in a car accident with a commercial driver who works for a local delivery company — due to vicarious liability principles, you can sue the delivery company directly. The delivery company is concerned about brand damage should the case be litigated further, as local media will pick up on the case and report on it. This could create a lot of negative publicity for the company, and they are reliant on their reputation for safety and good drivers.

Even if your case is not as “strong” as you might ideally want, the delivery company may still choose to offer you a favorable early settlement just to avoid potential brand damage. This is an important aspect of litigation — strategic leverage goes beyond the courtroom, after all.

Attorneys don’t necessarily cost anything upfront

Many people mistakenly believe that you have to be “rich” to hire an attorney to handle their personal injury lawsuit — in reality, you don’t need any money to get started, so long as the attorney offers their services on a contingency basis.

Well, even if you have no money in your account, you’re in luck — that’s because most personal injury attorneys work on a contingency fee basis. How do contingency fee dynamics work?

When you hire an attorney on a contingency fee basis, you don’t pay anything upfront or out-of-pocket. Instead, the attorney will take a percentage cut of whatever compensation they’re able to secure on your behalf — this can vary anywhere from 25 percent to 40 percent or more at the high end.

In other words: the attorney only gets paid if you get paid.

Contingency fees not only lower the barrier to entry for working with an attorney, but they also make it so that the attorney is incentivized to maximize your compensation amount. After all, the more you get paid, the more they get paid.

Contact 1-800-THE-LAW2 for a Free Legal Consultation

If you’ve been injured in an accident that was not your fault, then you could be entitled to sue for damages. Navigating a personal injury lawsuit isn’t always straightforward, however, as there are a number of unique challenges and opportunities that you’re likely to encounter as you move forward through the litigation process. That’s why it’s so important to work with an experienced team of personal injury lawyers.

Contact 1-800-THE-LAW2 for a free legal consultation with a qualified personal injury lawyer in your area. During this initial consultation, you’ll be able to discuss the details of your case and learn more about your strategic options. If you decide that you’d rather not move forward with your case (or with the network attorney), there’s no obligation to continue — as such, there’s really no downside to calling in for a consultation today.

We look forward to assisting you.

Maximize Your Chances of Winning a Personal Injury Lawsuit

If you’ve been injured in an accident, then — before you even move forward with an attorney or a legal proceeding at all — you may be thinking about your chances of winning a personal injury lawsuit to begin with. Hiring an experienced personal injury attorney can significantly improve those chances. That’s entirely reasonable.

Understanding the legal process is crucial to maximizing your chances of winning a personal injury lawsuit.

Let’s explore some of the basics of personal injury lawsuits. When you’re ready, we encourage you to get in touch with our team by calling in to 1-800-THE-LAW2. We’ll connect you to experienced personal injury lawyers in our network who can provide a free consultation and case evaluation.

Read on to learn more!

What are the odds of winning a lawsuit?

Your “odds” or chances of winning a personal injury lawsuit depend on a variety of different factors. There is no one-size-fits-all answer. Given the complexity of a dispute and the burden of proof required, you’ll want to go through the details with a qualified personal injury attorney who can help you tease apart the facts and the evidentiary record, and piece it back together as a cohesive, well-supported legal strategy. Skilled legal representation can significantly affect the outcome of a personal injury case, maximizing the possibility of success.

Why is it better to settle out of court?

The large majority of cases are settled out of court. In fact, industry observers estimate that as much as 95 percent of cases are resolved through a settlement — trial litigation is remarkably uncommon.

Litigation costs can be prohibitively high, making settlement a more attractive option for many plaintiffs.

Why?

Generally speaking, settling out of court is a preferable outcome. That’s because trial litigation tends to be uncertain, costly, exhausting, and potentially damaging to each party’s reputation and brand.

Insurance companies often employ various tactics to minimize payouts and avoid their financial obligations. This makes it crucial to work with a lawyer who can navigate the process and help you obtain fair compensation.

For example, an auto manufacturer would have its brand image tarnished if you were to sue them (and win) for a defective brake system that caused an accident in which you were injured. To avoid this negative publicity, they might prefer to quickly settle the case rather than go to trial. On the other hand, if they feel that others will make similar claims, they might feel that they should defend against your claims vigorously.

Settlement allows parties to negotiate fair outcomes without the hassle of court processes weighing down the discussions. An important aspect of this is that most outcomes are uncertain. Uncertainty is innate to legal disputes. Even if you have a strong case, there’s always a chance that the court finds a different conclusion, or chooses to award a reduced amount of damages than expected.

What is a fair settlement?

What is considered a “fair settlement” changes from case to case in personal injury claims and is ultimately a measure of the compensation amount. It also accounts for the percentage likelihood that you would win the case (and secure the asserted damages) should the case proceed all the way through to trial.

For example, suppose that you are claiming $100,000 in damages after a car accident. You and the defendant have a back-and-forth over several months, where the evidence and legal arguments are discussed in detail. You both agree: should the case proceed to trial, you would have a 60 percent likelihood of securing the claimed damages as compensation.

Thus, a fair settlement would hover around $60,000.

How do lawyers negotiate settlements?

Lawyers tend to maximize a settlement outcome by navigating around certain factors applicable to personal injury cases (and the defendant’s willingness to settle). Lawyers employ various negotiation tactics to maximize a settlement outcome. These factors include:

The hostility of the defendant
The negative brand damage that will occur if details of the case become public
The defendant’s resources
The defendant’s willingness to spend said resources in defense of their case
The need for the defendant to discourage others from bringing similar claims
The likelihood that the plaintiff will succeed if the case were to proceed to trial litigation (in other words, the plaintiff’s chances of winning a personal injury lawsuit)
The strength of the evidence in support of the plaintiff’s damages claim
And more

For example, suppose that you are injured in a motor vehicle accident in which the defendant is a truck driver working for a local trucking company. You sue the trucking company for damages.

The trucking company wants to avoid the negative publicity and damage to its brand should the case proceed to litigation — after all, they could lose business if their delivery partners don’t want to be associated with a company that has not adequately trained its drivers to minimize the likelihood of an accident. Given the potential brand damage, they are willing to negotiate an early and favorable settlement.

Damages in a Personal Injury Lawsuit

In a personal injury dispute, you are entitled to compensation for losses, including pain and suffering, that are caused by the negligence, recklessness, or intentional misconduct of the defendant(s). Claimable losses include:

Wage loss
Loss of earning capacity
Property loss
Medical expenses (i.e., medical bills for medical treatment)
Pain and suffering
Loss of enjoyment of life
Loss of companionship
And more

Medical records and employment records are crucial in providing concrete and relevant evidence of injuries and their impact, documenting the timing and types of injuries sustained, and detailing the treatments and recovery process. Personal injury laws allow quite a bit of breathing room for personal injury victims in terms of case strategy, so you’ll want to explore the possibilities with a skilled personal injury attorney who knows how to craft a well-supported damages claim and legal argument.

Damages can vary from case to case quite a bit. For example, if you are unemployed, then your wage loss claim would be near zero. By contrast, if you are gainfully employed, then your wage loss claim will be substantial if you are forced to take significant time off from work after the accident.

Can I still recover compensation if I’m partially at fault for my injuries?

It depends on the state law that applies to your claims, particularly the doctrine of comparative negligence.

In some states, the doctrine of pure comparative fault applies. Under pure comparative fault, an injured plaintiff may sue and recover compensation for their injuries, even if they are partially at fault — and they can do so even if their fault contribution is 99 percent. That being said, their damages recovery will be reduced by the percentage fault that they’ve contributed.

For example, if your damages are $100,000, but the court finds that you are 70 percent at fault, you would be entitled to recover $30,000. So there’s a recovery, but it’s reduced by your own fault contribution.

In other states, the doctrine of modified comparative fault applies. Under modified comparative fault, an injured plaintiff may sue and recover compensation for their injuries, even if they are partially at fault — but they can only do so if their fault contribution is 50 percent or less. In other words, they are prohibited from pursuing compensation if they are more responsible for their injuries (than others). As with plaintiffs operating under the pure comparative fault doctrine, modified comparative fault plaintiffs will have their recovery reduced by their percentage contribution of fault.

In a minority of states, the doctrine of strict contributory fault applies. Under strict contributory fault, an injured plaintiff may not sue and recover compensation if they are even 1 percent at fault. Any amount of partial fault precludes a recovery. This may seem like a strict barrier, but there are ways around it (i.e., arguing that the lack of a seatbelt was not a contributing factor to your injuries in a car accident dispute).

Is there a deadline for my personal injury claim?

Every personal injury claim comes attached to a filing deadline under personal injury law. This statute of limitations acts as a strict deadline by which you must bring your claim — if you fail to do so, then the court will automatically dismiss the claim on the basis that you have abandoned it or relinquished the right to pursue compensation under the law.

In other words — you won’t have a legal option for securing compensation to cover your losses.

For example, suppose you are injured in a car accident in California, due to another driver losing control while speeding and colliding with your vehicle. You’d have two years from the date of injury to bring your claim. If you don’t bring your claim before the two-year deadline passes, then a court will automatically dismiss your claim if you were to attempt to bring the lawsuit later on.

Given the significant consequences that you could be exposed to (i.e., being unable to secure compensation) should you delay too long, it’s important that you consult with experienced personal injury lawyers who can help you navigate the legal process in a timely manner.

Contingency fee arrangements mean that you don’t have to pay for legal representation up-front

Many people mistakenly believe that hiring a lawyer has to be costly, or even that they need to have money set aside to work with a personal injury lawyer. In truth, however, a plaintiffs’-side personal injury lawyer doesn’t typically cost anything upfront or out-of-pocket. That’s because they often operate on a contingency basis.

This arrangement minimizes the financial risk for plaintiffs who may not have the means to pay for legal representation up front.

Contingency fee arrangements work as follows: the personal injury attorney takes a percentage cut of whatever compensation they successfully secure on your behalf, whether it’s paid out by the court or by an insurance company, or through any other means. This percentage can vary quite a bit (from 25 percent to 40 percent or more). Most personal injury cases are brought by attorneys who offer contingency fee arrangements.

In a contingency fee arrangement, the attorney or law firm doesn’t get paid unless the accident victims get paid. If you don’t win, you don’t pay. It’s that simple. This is fantastic for those who have suffered serious injuries but who do not have the financial means to litigate through an hourly fee or some other costly arrangement.

Contact 1-800-THE-LAW2 for a Free Legal Consultation

If you’ve been injured in an accident that was not your fault, or that was only partially your fault, then you could be entitled to sue for compensation under the law. That being said, navigating a personal injury lawsuit isn’t always straightforward — the chances of winning a personal injury lawsuit vary depending on a number of different factors, and can be complicated by new issues that arise during litigation. It’s important that you connect with a skilled personal injury lawyer for guidance throughout this process.

Contact 1-800-THE-LAW2 for a free legal consultation and case evaluation with a skilled attorney in our network. During this initial consultation, you’ll be able to discuss your case in detail and get advice on how best to proceed to maximize your chances of winning a personal injury lawsuit, and how best to maximize your compensation, too.

We look forward to assisting you.

If I Get Injured at Work, Can I Sue My Employer?

In this article, you’ll find answers to common questions about what to do when you are injured at work, or get hurt on the job, Workers’ Compensation, and what to know when considering “If I get injured at work, can I sue my employer?”

Additional Topics Covered:

Examples of damages recoverable in lawsuits
Who is exempt from workers compensation?
Do I qualify for workers’ compensation benefits?
What is the advantage of workers compensation?
Knowing when to hire a workers comp lawyer
Should I claim for an accident at work?
What should an employee do if there Is a workplace accident?
How can I find a workers compensation lawyer near me?

Workplace injuries are surprisingly common across America. According to the Bureau of Labor Statistics, there were 2.8 million injuries in private industries alone in 2022 and 5,190 fatal injuries in the year 2021.

If you’ve been injured in the workplace, then you could be left reeling with a variety of different losses. This can be overwhelming and difficult to recover from. Fortunately, the law does provide several paths to justice and recovery. Perhaps most important among the available options is that of workers’ compensation benefits.

Examples of Damages Recoverable in a Lawsuit

Examples of losses from work-related injuries are:

Wage loss
Medical expenses
Disability issues
And more

Which Situation Qualifies an Employee for Workers Compensation Coverage?

Workers’ compensation benefits are paid out to employees who are injured on the job, or who suffer injuries linked to their job duties. These benefits are critical for many employees, particularly those in riskier professions. Let’s take a closer look.

Do I Qualify for Workers’ Compensation Benefits?

Despite the name, workers’ compensation benefits are not available to all workers. Typically full-time, part-time, temporary, and seasonal employees, are covered by worker’s compensation. Some states even extend this coverage to student workers, interns, and apprentices.

For instance, certain job types like domestic workers, agricultural workers, and volunteers often fall outside the scope of workers’ compensation. To avoid any confusion, it’s always best to refer to your state’s specific regulations for the most accurate information.

Even if you’re considered an employee, simply having a work-related injury doesn’t automatically guarantee eligibility. The injury or illness must occur during your employment and directly result from your job duties. This includes a wide range of situations, such as:

On-the-job accidents: Slips, falls, machinery malfunctions, and other sudden events.
Repetitive stress injuries: Conditions caused by prolonged strain, like carpal tunnel syndrome from typing or back pain from lifting heavy objects.
Occupational diseases: Exposure to chemicals, asbestos, loud noise, or other hazardous materials over time.
It’s important to remember that being prompt is essential. In most cases, you need to report your injury to your employer quickly and adhere to state-specific filing deadlines to ensure your claim is valid. Additionally, the severity of your injury may impact your eligibility, with specific minimum disability requirements.

If you’re an independent contractor, dealing with work-related injuries can present unique challenges. Since you wouldn’t be covered by workers’ compensation, you may need to explore alternative avenues to ensure some level of protection.

Assuming you can prove that the employer was negligent, reckless, or engaged in intentional misconduct, then you can sue them and hold them liable for your injuries without workers comp. Also, these damages may even be greater than your would-be workers’ compensation benefits.

What Is the Advantage of Workers’ Compensation?

Well, for one thing, you get to avoid the hassle of a workplace injury lawsuit. But more importantly, workers’ compensation benefits are paid out even if your employer wasn’t at fault for your injuries.

If you have a slip-and-fall accident while working and hurt yourself, even if it wasn’t anyone else’s fault, you are still entitled to recover workers’ compensation benefits! That’s an enormous advantage for situations where you have suffered a loss, yet no one else is to blame.

Workers’ Compensation benefits are valuable, of course, but they are still limited in certain ways. For example, workers’ compensation benefits do not cover pain and suffering damages and other such losses. Instead, these benefits cover wage loss and medical expenses. You may be wondering, “Can I sue my employer for pain and suffering?”

Typically, if you get hurt at work, you can’t sue your employer, whether it’s for workers’ compensation benefits or afterward. It’s also challenging to sue the insurance company due to legal limitations.

To pursue such claims, like emotional stress, you would need to initiate a personal injury lawsuit and provide evidence that your employer was at fault.

Can You Sue If You Accept Workers’ Compensation?

If your employer offers workers’ compensation, you generally can’t sue them for a workplace injury, regardless of whether you choose to take those benefits or not. Employers tend to have workers’ comp insurance to protect themselves from work injury lawsuits and ensure that their employees can get care for work-related injuries or illnesses.

If you accept workers’ compensation but another party is to blame for your workplace injuries, you may have a legal recourse.

After an Injury at Work, What Are Employer Responsibilities?

In most states, employers are required to have workers’ compensation insurance. Even if a company has just one employee, they still need some form of workers’ compensation coverage.

Employers should also comply with laws and respect the rights of injured employees. If a serious injury occurs and medical attention is needed, employees should have the option to consult a healthcare provider.

Ultimately, it’s important for employers to ensure a safe working environment to prevent workplace injuries. If an employee gets injured, employers need to fill out an injury report to their workers’ compensation insurance provider.

When to Hire a Workers Comp Lawyer

Serious Personal Injury

In cases of severe injury, only having access to workers’ compensation benefits can lead to a lower recovery than if you had been able to successfully sue your employer or some other defendant.

The problem is that workers’ compensation laws shield employers from liability. If you’ve qualified for workers’ compensation benefits and got hurt at work, you can’t sue your employer for damages. However, there are exceptions that allow you to sue your employer and secure a larger compensation amount.

Facing a work injury can be overwhelming, especially with the pain and financial concerns. While workers’ compensation provides crucial assistance, navigating the system and securing maximum benefits isn’t always straightforward.

That’s where a skilled workers’ comp lawyer comes in, even if you don’t plan to sue your employer. The benefits include:

Lawyers maximize your claims: They understand all available benefits, like medical coverage, lost wages, rehabilitation, and disability payments. They ensure you claim everything you deserve, preventing missed opportunities.
They fight unfair denials: Insurance companies often minimize or deny claims. Lawyers can effectively challenge denials, maximizing your compensation.
They negotiate favorable settlements: Skilled lawyers can negotiate significantly higher settlements than you likely could alone, even without a lawsuit.
They protect your rights: Lawyers act as your advocate, ensuring fair treatment and protecting your rights every step of the way in the legal complexities of workers’ comp.
They reduce stress and allow healing: Let lawyers handle the legal battles, allowing you to focus on physical and emotional recovery.

Continue reading about Hiring a Workers Compensation Lawyer Made Easy

Should I Claim for an Accident at Work?

Employer Liability for Employee Actions

To sue your employer and take advantage of the exception, you’ll have to show that:

The employer’s misconduct caused your injury.
It was intentional or reckless misconduct.

For example, if you got injured at work, you can sue your employer if you can prove that they intentionally withheld protective goggles from factory workers in an effort to cut costs. Perhaps they knew that this would increase the risk of injury but did so anyway because of their new cost-cutting approach.

What Should an Employee Do If There is a Workplace Accident?

Workplace injuries can leave employees feeling confused about what to do next. When you get injured at work, here are the first three steps you should take:

Contact a workers’ comp lawyer immediately. They will gather evidence, speak to opposing counsel, and ensure that all procedural requirements are met. Work injury attorneys are comprehensive advocates and are invaluable at every stage of a dispute.
Preserve records of the injury. Make sure to save all medical documentation, work documentation, and even pay stubs. These all form an important part of your claim.
Do not accept a settlement until you have consulted an attorney. Insurance companies and your boss will always attempt to minimize their liabilities. If you don’t have an attorney advocating on your behalf, they will try to push harder for a quick resolution that undermines your claims.

Find a Workers’ Compensation Lawyer Near You

If you’ve been injured in the workplace, then the law may entitle you to workers’ compensation benefits, and in some cases, damages through a lawsuit. Work-related injury lawsuits can be challenging and complex, however, so it’s important that you secure the assistance of a work accident lawyer who can help you at every stage.

Here at 1-800-THE-LAW2, we operate a large network of attorneys, which includes experienced workman’s comp lawyers. It’s worth speaking to one of our network attorneys for guidance on how to proceed with your claims.

Contact 1-800-THE-LAW2 for a Free Consultation

Contact us today for a free and confidential consultation. Get connected to one of the attorneys in our network in 10 minutes or less.

Additional Questions on Workers Compensation and Workplace Accidents:

Bodily Injury Claim | 4 Ways a Personal Injury Lawyer Can Ensure You Get Full Value

Topics and Questions this article covers: What factors affect a personal injury settlement? | How is settlement value calculated for bodily injury claims? | Why it is good to have a lawyer for a bodily injury claim? | How do I maximize my personal injury claim? | Get a free consultation with a personal injury lawyer near you

When a motor vehicle accident occurs, the injury victim may have a complex damage claim that involves both property losses and bodily injury-related losses. Getting fully compensated therefore requires a high-level of skill and experience.

Maximizing your compensation is extremely important — especially in cases where you’ve suffered severe injuries. Why? Severe injuries can impact everything from work, to lifestyle, and more. This can disrupt your life heavily. The ongoing burdens can be too much to bear. Obtaining a “small” compensation in return may not be enough to help.

That’s where a personal injury attorney comes in. Experienced attorneys are relentless advocates who will stop at nothing to secure the maximum possible compensation on your behalf.

Let’s take a look at what they do, and how.

Factors of a Personal Injury Settlement

What Factors Impact Injury Compensation?

In the vast majority of cases, injury victims receive significantly more compensation when they hire an experienced personal injury lawyer.

Other factors that can impact how much a victim can receive for their claim include:

The type and severity of their injuries
The pain and suffering they experience
The value of their property damages
Their medical bills and expenses
The insurance policy limits of any applicable insurance policies
If more than one party was at fault for the accident
The jurisdiction where the lawsuit is or would be filed

How is Settlement Value Calculated?

How much compensation injury victims receive depends on a combination of their claimed economic and non-economic damages.

Economic damages reflect purely financial losses, such as lost wages, property loss, and medical expenses. Economic damages are somewhat “easy” to measure, though they do require extensive documentation to support the claim.

Noneconomic damages reflect non-financial losses, such as pain and suffering, mental anguish, and quality of life degradation. These can be significantly more difficult to measure, and skilled attorneys know how to persuade the court as to the “accuracy” of their calculation.

Now, how do you know what you’ll get in a settlement? Essentially, settlement is a reflection of the “risk” in litigating the claim all the way through to trial.

The more likely it is that you’ll “win” your claim if it were to go to trial, and secure the damages that you’re claiming, the higher the settlement amount is likely to be.

For example, suppose that you’re claiming $100,000 in damages in a car accident dispute. The defendant acknowledges early on that they were at fault (so there’s a 100 percent chance that they will be found liable in court). But they disagree that you suffered $100,000 in damages, instead saying that you suffered only $50,000 – and it seems like there’s a 50 percent chance that your damages claim will accepted by the court.

Given these factors, a settlement splitting the difference ($75,000) would be fair to both sides, as it avoids exhausting and uncertain litigation while reaching a reasonable compromise based off expectations.

The Importance of Having a Lawyer for Your Bodily Injury Claim

Why Hire a Personal Injury Lawyer?

Personal injury lawyers take many steps and have many ways to ensure you get the full value of your injury claim. Four of the most essential ways a personal injury lawyer can help are:

Knowledge and experience in personal injury law and bodily injury claims
Highlighting the strengths of your injury case
Negotiation skills
Protecting their client from insurance companies

Knowledge and Experience

Personal injury attorneys bring invaluable knowledge and experience to the table. Based on their experiences and recent cases in your area, they have a good idea of how much your claim is worth. With this knowledge, they can hold out for a reasonable settlement offer from the insurance company. However, you likely don’t have the background to know what your claim is worth and therefore run the risk of settling for much less than you deserve. Discussing your case with an attorney first is always a priority before speaking with an insurance claims adjuster.

Highlighting the Strengths in Your Personal Injury Case

Your lawyer will look for the strengths in your case and highlight them to the insurance company. For instance, if you were in a car accident and the driver who hit you was driving on a revoked license or had several accidents in the past, and you have a clean driving record, your attorney can use this to your advantage. At the same time, they can point out the weaknesses in the at-fault party’s claim, which can also give you more leverage for a higher settlement.

Negotiation Skills

Experienced attorneys know how to negotiate. They know the strengths and weaknesses in both sides of the case and point out the ones they can use to your benefit when working on negotiating a fair settlement. They anticipate the insurance company’s moves and know how to refute their arguments. A good attorney isn’t afraid to stand up for their client’s rights and advocate for them.

Protecting You from the Insurance Company

Insurance companies use many tricks and tactics to attempt to pay less than the full value of a claim or to shirk their responsibility to pay it all. For example, they can ask you for a recorded statement about your accident and injuries. Even though you are under no obligation to provide such a statement, they can make it seem necessary to process or expedite your claim. If you agree to one, they can ask you questions and manipulate your answers or ask you leading questions that are designed to get you to say things that justify a lower settlement offer or a complete denial of your claim.

How Do I Maximize My Settlement?

Injured parties can take many actions to help maximize their settlement.

First, they should seek medical care as soon as possible. They want to get all injuries documented on the medical record. Then, they need to hire a reputable personal injury attorney. Cooperating with their attorney and getting them any necessary information when they ask for it will help maximize and expedite your claim. Other actions you can take to help maximize your personal injury settlement include:

Following your doctor’s medical advice
Collecting evidence
Keeping records, bills, and receipts to submit to your attorney
Avoid speaking to the insurance adjustor without your attorney present
Don’t accept a settlement without first speaking to an attorney

Maximize Your Settlement by Getting Legal Help Today

Call us at 1-800-THE-LAW2 or complete the form here to get connected to an experienced personal injury attorney in just 10 minutes or less. They will assess your bodily injury claim and discuss your next steps to get you on the road to obtaining the accident compensation you are entitled to receive for your personal injuries. Consultation is free, so don’t delay!

How Do Contingency Fee Arrangements Work in Personal Injury Cases? | Personal Injury Lawyer Near Me

Concerns over the “affordability” of a lawyer often deter many people who need legal help.

The affordability of legal assistance is an especially important issue for those who have sustained physical injuries, as they may have to take unpaid time off work (and are burdened by medical expenses, too).

Fortunately, this concern isn’t a real one. Most personal injury attorneys work on a contingency fee basis, unlike other attorneys. As such, they don’t cost any money out-of-pocket. They only get paid when you get paid.

Simply put, most personal injury attorneys are “free” until you get paid, at which point you give them a percentage cut of your compensation (anywhere from 25 to 35 percent, usually). This makes legal assistance extremely accessible to everyone, regardless of income.

And what happens in the event that your attorney isn’t able to successfully secure compensation for your injuries? Good news. You don’t owe them anything. Not a dime.

When Do You NOT Need an Attorney After an Accident?

You ALWAYS need an attorney. No, seriously. You should ALWAYS speak to an attorney after an accident, even if just to have your case evaluated to determine whether you have an actionable legal claim.

If you don’t, you’re leaving money on the table. And the thing is: it doesn’t cost anything to speak to an attorney and have your case evaluated. So why would you NOT have a brief discussion and see where it leads?

It’s better to have an experienced attorney review the details of your accident and potential injuries to determine if you have a valid claim than to move forward without a legal opinion, thus leaving money on the table (that you deserve to receive in compensation for your damages).

Most personal injury attorneys don’t charge an initial lawyer consultation fee, so it costs you nothing to find out if you have a claim for compensation.

Even if you don’t think you have the money to pay an attorney upfront, with 1-800-the-law2, you don’t pay unless our attorneys secure compensation on your behalf. Contingency fees ensure that you can pursue your claim without any initial costs whatsoever.

What is an Attorney Retainer?

Typically, attorneys who will be doing ongoing work or an undetermined amount of work for their client will ask for a retainer agreement, and will charge both a baseline “retainer” fee as well as hourly fees. This type of arrangement is common with business and family law attorneys. However, most personal injury attorneys don’t charge retainer fees or hourly fees. Instead, most personal injury attorneys work on contingency.

Contingency Fees 101

Contingency fees require no upfront or out-of-pocket payment. Instead, you sign an agreement that the lawyer will represent you through the resolution of your personal injury claim. In return, you agree to pay them a certain percentage of the compensation you receive when you receive it. Usually, this is between 25 to 40 percent, but it can vary depending on many different factors.

If the lawyer doesn’t obtain compensation on your behalf, then you don’t pay anything.

This is quite different from having a lawyer on retainer, where you agree to pay them no matter the outcome. With contingency fees, the risk is 100 percent on the attorney. You don’t take on any of the risk burden.

How Important is a Good Lawyer?

Hiring a skilled lawyer to represent your injury claim is imperative. After all, a skilled attorney is more capable of securing a financial recovery on your behalf. Ready to call a car accident lawyer? Here are 4 things to look for.

What Sort of Qualities Define “The Best Car Accident Lawyer” for a Personal Injury?

You want a lawyer who is highly experienced in personal injury law, particularly in representing clients who have injuries similar to yours or whose injuries were caused by a similar situation, such as a car accident or a slip and fall. You also want an attorney who:

Works on contingency fees
Has a positive reputation
Enjoys good online reviews
Is in good standing with your state bar
Demonstrates compassion and understanding
Is a skilled negotiator
Stands up to big insurance companies
Is willing to take your case to trial if it becomes necessary
Has the time and resources to manage your case now
Will return your calls promptly

Do You Need to Retain an Attorney for Your Personal Injury?

Remember that even if you don’t think you have a claim or believe your injuries are minor, it’s always in your best interest to speak with a personal injury attorney to clarify your legal rights and options. You could be owed compensation for your injuries and damages. If you don’t have a qualified attorney review your case, you may never know.

Call us at 1-800-THE-LAW2, or complete the form on this page, to get connected to one of our skilled attorneys in just 10 minutes or less. Thanks to contingency fees, you won’t have to pay anything out of pocket to get started.

Frequently Asked Questions About Contingency Fees

What is the standard contingency fee for an attorney?

In most cases, personal injury contingency fee percentages hover around 33 percent. Many contingency fee agreements are based on a sliding scale percentage that may shift depending on: the expected payout, how long it takes to resolve the personal injury claim, and the phase of litigation.

Do contingency fees include expenses?

If you don’t have insurance, or if your providers are refusing to cover the costs, your attorney can possibly get you connected to medical providers who will bill you on a contingency basis. This means that the medical provider agrees to provide care temporarily, at no cost. They will be paid later, if and when you secure compensation in your personal injury case.

How much do attorneys cost?

Hiring an attorney for your accident injury claim does not cost anything up front. First, most personal injury law firms offer a free initial consultation to get started. Using this, you can get a fresh, professional perspective on your legal case. And, know how to best move forward. Secondly, in personal injury disputes, attorneys offer some type of contingency arrangement. This creates a win-win situation for both the injured individual, as well as the civil attorney.

What is a retainer fee for a lawyer?

Attorney retainer fees are not the same as a contingency fee. For more information about the process and meaning for this term and how it differs from contingency fee arrangements, see this article section: Lawyer Retainer Fee.

What is the Statute of Limitations for Medical Malpractice? | Lawyers for Medical Malpractice

There are a lot of complex, moving parts that can impact a personal injury case, including the Statute of Limitations for medical malpractice claims. If you’ve been hurt due to medical malpractice or negligence, you may be confused about the litigation process.

To ensure that all case procedures are met, we encourage you to work with an experienced medical malpractice attorney. Call us at 1-800-THE-LAW2 for a free consultation with an attorney in our network.

Of course, if you’d like to learn a little bit more about the law surrounding statute of limitations requirements, read on!

Medical Malpractice Statute of Limitations

The statute of limitations is an important concept in all lawsuits, not just medical malpractice disputes. Failure to abide by the statute of limitations can lead to your case being automatically dismissed, and you being unable to pursue any further legal action. It is critical to avoid violating the statute of limitations.

What are Medical Malpractice Statute of Limitations?

Simply put, the statute of limitations is a deadline that applies to your legal claims. The length of this deadline period varies from a case by case basis, and even, between states.

A medical malpractice claim in California has a statute of limitations of three years, which starts counting from the injury date. By contrast, wrongful termination claims in New York have a statute of limitations of just 300 days, which starts counting from the date of termination.

If you do not file your claim before the deadline passes, then you relinquish your legal right to sue and recover damages. In other words, you’ll have lost your opportunity to obtain compensation under the law!

Work With an Attorney for Medical Malpractice Early

The statute of limitations is just one example of a procedural matter that could have a significant impact on your case. As a non-lawyer plaintiff, you may not even be aware of all the procedural issues that could undermine your claims! For this reason, it’s critically important that you work with an attorney as early as possible.

See, an attorney isn’t just a courtroom advocate. They play a comprehensive role throughout the litigation process: from investigating the facts of the case and gathering evidence, to negotiating with opposing counsel and eventually filing and arguing your case in court.

It is your attorney’s job to ensure that your case is taken care of appropriately, which includes meeting the statute of limitations deadline. They are required to do their due diligence to ensure that potential claims are identified, and filed, before the deadline passes. So, choosing the right attorney is key.

Is There a Way Around Statute of Limitations?

If the statute of limitations has already passed, are you out of luck? Not necessarily.

In most jurisdictions, there is something called the “Discovery Rule.” This works as an exception to the statute of limitations deadline, expanding it under very specific case circumstances.

How Does Discovery Rule Apply?

Under Discovery Rule, the statute of limitations deadline does not begin to “countdown” until you have actually become, or should have become, aware that there is an actionable legal claim. We know, this is a lot of legalese, so here is an example for application and to simplify.

What is an Example of Medical Negligence in the Medical Field?

Suppose that you go to the doctor for a diagnostic checkup, because your back hurts. The doctor does a cursory check, and doesn’t ask many questions. Assuming your back pain is simple, he prescribes some basic pain medication. He orders no additional tests and does not refer you to a specialist, despite your explanation of unique aspects to the back issue. They are: dull pain, no history of back pain issues, and so on.

Three years later, you discover cancer that started in your back. There would have been no way for you to know that the first doctor was wrong, but he was. That doctor was negligent, and thereby committed medical malpractice. At the surface level, it would seem that your statute of limitations deadline has already passed, as it has been 3 years since the appointment. However, the discovery rule allows you to start the countdown when you became aware that the doctor committed medical malpractice. Thus, your deadline would still be active, and you could file the claim.

Do I Have a Case?

Contact 1-800-THE-LAW2 for a Free Consultation

Have you been harmed by a medical professional due to their negligence, recklessness, or even intentional misconduct? If so, the law may entitle you to significant compensation through a medical malpractice lawsuit. Our experienced attorneys can help. Contact 1-800-THE-LAW2 for a Free Consultation.

How Can a Lawyer for Medical Malpractice Help?

Here at 1-800-THE-LAW2, we operate a large network of attorneys committed to working with injured clients who are interested in pursuing claims against those who harmed them. Call us today for a free and confidential consultation. Connect you to an experienced personal injury attorney in just 10 minutes or less.

Additional Questions on Medical Malpractice and Personal Injury:

Wage Loss Damages In A Personal Injury Dispute

If you’ve been injured due to the fault of another, then the law may give you a right of action to sue and recover damages. If you are employed and are forced to miss work due to the injuries you sustained, then the damages claim is very likely to include what is referred to as “wage loss” damages.

In cases where wage loss damages are available, they tend to comprise a major portion of the total damages claim. Effectively arguing for wage loss damages is therefore necessary to obtain full and adequate compensation.

Let’s take a closer look.

Past And Future Wage Loss

Wage loss can be split into two sub-categories: past and future.

Past wage loss accounts for the wage loss that you — the plaintiff — sustained already due to accident-related injuries. For example, suppose that your legs were seriously fractured in a car accident. As a construction worker, you were forced to take six months off before you could return to work. Your past wage loss claim would account for the income you “would have” earned had you actually worked for those six months.

To support your past wage loss claim, you’ll want to introduce proof that you were forced to take the time off from work (i.e., medical records, testimony from a vocational expert explaining what the requirements of the job are, etc.) as well as how much money you lost as a result (i.e., pay stubs).

Future wage loss accounts for the wage loss that you will sustain. Let’s return to our previous example. Suppose that your injuries are sufficiently severe that you will be forced to take three more months off in order to completely rehabilitate. You haven’t yet taken that time off, but you intend to do so. Though you haven’t yet suffered “damages,” you’ll be able to claim those damages by proving that you will, in fact, have to take the time off in the future due to your injuries.

Loss Of Future Earning Capacity

Claiming loss of future earning capacity is a unique and powerful tool for disputes that involve severe, career-altering injury. Put simply, the loss of future earning capacity is meant to account for career-long shifts in how much you could potentially earn, as the trajectory of your career might have been altered by severe injury.

This can be difficult to understand, so let’s use a brief example for clarity.

Suppose that you are injured in a slip and fall accident at a popular retail store. You suffered serious back injuries. Now, you normally work as a hospital nurse. Due to the back injuries, however, you cannot stand up and walk around for more than 15 minutes at a time. This limitation will follow you for the rest of your working life.

Thus, not only are you forced to miss time for work (past and future wage loss), but your career trajectory is altered. It’s unlikely that you’ll ever be able to work as a nurse again, given your physical limitations. Most clinics and hospitals are unlikely to accommodate your inability to be “on your feet.”

There may still be some options for you to shift into a different career path in the healthcare field. A desk job may be possible, though it may also pay less (on average) and may have fewer promotional opportunities. When claiming loss of future earning capacity, you’ll have to compare your new, alternative career path (earnings potential) with the earnings potential of your previous career path. That difference can and should be compensated by the liable defendant.

Contact A Personal Injury Lawyer In Our Network For A Free Consultation

If you’ve been harmed in an accident that was caused by another’s negligence, recklessness, or intentional misconduct, then you could be entitled to significant damages, including damages for wage loss. Wage loss claims can be surprisingly complicated — as such, it’s important that you work with an attorney who understand how to effectively navigate this challenge.

Here at 1-800-THE-LAW2, we are proud to operate a network of hundreds of experienced personal injury attorneys, many of whom have handled disputes centering around complex wage loss issues.

Call us today to connect to a qualified personal injury attorney in your area for a free and confidential consultation — our staff are standing by 24/7, ready to help you connect to an attorney in just 10 minutes or less.

We look forward to speaking with you.

How Do Punitive Damages Work In A Personal Injury Case? | Personal Injury Lawyer

If you’ve been injured in an accident due to the fault of another, then you may have a right of action to sue and recover damages. Every personal injury case is different, however. In some cases, the defendant has engaged in such egregious behavior that the court sees fit to impose what are referred to as punitive damages.

Punitive damages multiply the total damages that you, the plaintiff, can potentially recover through the personal injury lawsuit. In serious accident disputes, this type of damages award can sometimes lead to a multimillion dollar recovery. Let’s explore some basics behind how they work.

What Are Punitive Damages

Normally, damages recovered in a personal injury dispute are compensatory in nature. In other words, they are meant to “compensate” the injured plaintiff for their losses, or put them in a financial position that closely approximates where they would have been had they not been involved in the accident.

What Is the Difference Between Punitive Damages and Pain and Suffering?

Compensatory damages account for a number of losses, from medical expenses, to pain and suffering, to wage loss, and more.

Punitive damages are fundamentally different. They are not meant to be compensatory, they are meant to “punish” the defendant for engaging in extremely problematic behavior. And, they are meant to discourage others in society from engaging in similar behavior. By imposing bonus damages in the form of punitive, the court is thereby punishing the defendant and discouraging others in society from doing the same.

Calculating Punitive Damages

These damages are calculated by multiplying the baseline compensatory damages available in the dispute. The multiplier can go as high as seven times the compensatory damages amount.

How does this work?

Suppose that you’re injured in a slip and fall accident. Your total damages are roughly equivalent to $100,000. After further investigation, your attorney discovers that the business owner knew that there was a spill on the floor of their retail store, but actively discouraged their employees from cleaning it up because they wanted to see a customer slip on it — they thought it would be “funny.”

The court finds this behavior malicious, and they decide to award punitive damages. The court decides that they should be $800,000 (seven times the compensatory damages amount). Your total recovery would thus be $900,000.

Qualifying for Punitive Damages

Punitive damages are not available in the large majority of personal injury cases. Where they are potentially available, however, it’s important that you and your attorney push hard for this type of damages award.

Under What Circumstances Are Punitive Damages Available?

In most states, punitive damages are only available if you, the plaintiff, can show that the defendant acted maliciously, intentionally, and/or egregiously. Mere negligence is not enough to qualify for them. The defendant’s conduct must be significantly more egregious for these damages to be available in the personal injury case.

What Types of Damages Is Punitive?

Recall that they are awarded as an attempt to discourage such behavior in society. As such, the behavior must be especially problematic to justify the attempt to discourage it through punitive damages.

What Are Punitive Damages Examples?

In the car accident context, illegal street racing that led to an accident would very likely qualify for punitive damages, but mere speeding would not (unless the defendant was speeding well over the speed limit, and speeding to such an extent that they displayed a reckless disregard for human life).

Drunk driving may also qualify, though the circumstances have to point to particularly egregious conduct. So, for example, if the defendant was warned to stop drinking because they might endanger others, and they laughed it off and said they “don’t care,” that would likely be enough to make punitive damages available.

It’s worth noting that even if they are available, the court is not required to award them. Courts have discretion whether they will impose punitive damages. It is up to your attorney to develop a persuasive enough argument that will “win” the court over.

Contact a Personal Injury Lawyer in Our Network for a Free Consultation

Here at 1-800-THE-LAW2, we have hundreds of skilled attorneys in our network, standing by to provide assistance. Call us today to get connected to an experienced personal injury lawyer in just 10 minutes or less. Consultation is free and confidential, so there’s absolutely no downside to speaking with one of our in-network injury attorneys about your case.

We believe that effective legal help should be easily accessible. To that end, our staff are available 24/7, and can communicate in both English and Spanish. We look forward to speaking with you further.

Pain And Suffering Damages In A Personal Injury Case

If you’ve been injured in an accident that was caused by another’s negligence, recklessness, or intentional misconduct, then the law may entitle you to damages. The losses can be quite varied in a personal injury dispute, but they are very likely to include pain and suffering damages.

Many first-time plaintiffs do not fully understand what pain and suffering damages are, the unique challenges associated with pain and suffering damages, and how best to maximize these damages.

Here at 1-800-THE-LAW2, our staff are standing by to connect you to a qualified attorney who can help you move forward with your case. An experienced personal injury lawyer can evaluate the case comprehensively, and determine an effective strategy for securing the maximum possible damages (including pain and suffering damages).

Let’s take a closer look.

Understanding the Damage Categories

In the personal injury context, compensatory damages for a lawsuit can be split into two relatively broad categories: 1) monetary losses and 2) non-monetary losses.

Monetary losses account for those damages that are financial in nature. They include, but are not necessarily limited to:

Medical expenses
Wage loss
Loss of earning capacity
Property loss
and more

Non-monetary losses account for those damages that are not directly tied to your finances. In general, non-monetary losses involve problems with your quality of life — whether that occurred for a brief period, or is now a lifelong issue. They include, but are not necessarily limited to:

Pain and suffering
Loss of quality of life
Loss of companionship
Loss of guidance
and more

Pain and suffering fits into non-monetary losses, and as such, can be somewhat more difficult to “prove” to the court. If you claim $100,000 in pain and suffering damages, for example, you will have to introduce expert testimony and other evidence — and be persuasive in your legal arguments — that show your losses should qualify you for a $100,000 pain and suffering recovery.

It’s worth noting that damages are meant to “compensate” the injured plaintiff by putting them in a position where they would have been had they not been involved in an accident.

In the pain and suffering context (non-monetary), there is really no way to measure — with perfect accuracy — what amount of damages would put you in a position where you would feel fully compensated for the losses suffered. As such, success will often be determined by your attorney’s ability to argue the issue persuasively.

Pain And Suffering Basics

Pain and suffering represents a number of different, related losses. Boiling it down into its simplest components, pain and suffering damages are meant to compensate you — the injured plaintiff — for the physical and mental harm that you sustained due to the accident.

Pain and suffering damages can include everything from the physical pain you experienced after a car accident, to the mental pain you experienced due to feeling humiliated and embarrassed by your post-accident disabilities.

Calculating Pain And Suffering Damages

Perhaps the biggest challenge in claiming pain and suffering damages is evidentiary. In other words, you’ll have to “calculate” a reasonable damages amount based off your physical, mental, and emotional suffering.

This is ultimately a fact-based, subjective endeavor, making it quite difficult to arrive at a number that the defendant is likely to accept.

To get around this conflict, most attorneys ultimately rely on a “multiplier” methodology for calculating pain and suffering damages.

Put simply, the pain and suffering damages are “estimated” at roughly 1-to-3 times the monetary losses. How high the multiplier goes depends on the particularities of your case. If your case involves significant physical, mental, or emotional suffering, then the multiplier is likely to be higher (i.e., up to 3 times the monetary losses).

So, for example, if your monetary losses (i.e., wage loss, property loss, medical expenses, etc.) add up to $100,000, and you were horribly disfigured by your injuries and are unable to engage in any recreational activities, then the physical, mental, and emotional trauma might give rise to a $300,000 pain and suffering claim, for a $400,000 total damages claim.

Contact a Personal Injury Lawyer in our Network for a Free Consultation

Here at 1-800-THE-LAW2, we operate a large network of qualified, skilled personal injury attorneys who are standing by to provide legal assistance. Call us to get connected to an experienced personal injury lawyer in our network — during this initial discussion, they will evaluate your case and provide guidance on how best to proceed.

We believe that friendly, accessible legal representation is critical to success. As such, our staff are available 24/7 (in both English and Spanish) to take your call. Consultation is free and confidential, so don’t hesitate to contact us as soon as possible to get started with the process.

We look forward to speaking with you further!

The Enforceability Of Liability Waivers In A Personal Injury Dispute

If you’ve been injured in an accident due to the fault of another, then the law may entitle you to damages as compensation. Every legal dispute is different, however. In some personal injury cases, there may be a liability waiver that — at least on the surface — seems to prevent you from suing the defendant and obtaining compensation for your losses.

For example, if you were injured while bungee jumping, the defendant is likely to point to the fact that you signed a liability waiver before you put on the equipment and jumped. This can lead to a lot of confusion for plaintiffs. Does the liability waiver actually apply to their case, or is it unenforceable?

The truth is that many liability waivers are unenforceable. Though businesses will often attempt to minimize their liability by forcing people to sign waivers, that does not necessarily mean that the waiver will be enforced. In fact, there are many exceptions to enforcement.

Let’s take a closer look at some liability waiver basics.

Liability Waiver Basics

Waivers allow businesses to contract around liability — in other words, to reduce their potential liability by adding on new, stricter limitations on injury liability. Worth noting: liability waivers are legal regardless of the applicable state jurisdiction.

What might a liability waiver look like?

Suppose that you’ve been injured in a recreational boating accident. The boating tour operator made all passengers sign a waiver, however, which states that they have given up the right to sue the business for related injuries. More specifically, the waiver states that the business is not responsible for any harm sustained on the boat or due to the boat.

How does this actually work in real-world scenarios?

Generally speaking, courts are uncomfortable with allowing businesses to redraw the bounds of liability to a significant degree. Courts do not want businesses to be able to circumvent their duty of care entirely. As such, they tend to be quite careful not to enforce overly broad liability waivers.

Exceptions To The Enforceability Of A Liability Waiver

A significant percentage of liability waivers are unenforceable, for a number of different reasons. States tend to impose different rules when it comes to liability waivers, but there are some general principles that remain true between states.

Liability waivers must be:

a) Sufficiently specific as to the harm that is covered by the waiver (i.e., limited in scope);

b) Not be coerced and must not be between parties with a significant difference in relative bargaining power; and

c) In accordance with public policy.

So, for example, a liability waiver that shields a boating operator from liability for all harm sustained due to the boat will likely be considered too broad. The waiver is not sufficiently specific or limited in scope, and this “over broadness” is most likely violative of public policy, too.

Now, it’s also worth noting that liability waivers can only cover simple negligence. Even an enforceable liability waiver cannot apply to reckless or intentional misconduct.

Though intentional misconduct is obvious (i.e., if a boating tour operator intentionally crashes your boat to cause you injuries), reckless behavior can be more difficult to understand. As a rule, reckless behavior is when a defendant acts in a way that they know has a substantial risk of causing harm to others, but they disregard this substantial risk and engage in that behavior anyway.

For example, a boating tour operator that does not stock enough life vests is likely engaging in reckless conduct, as they are aware that failing to stock enough life vests on-board is a substantial risk that could lead to injury/death for the passengers.

Contact A Personal Injury Lawyer In Our Network For A Free Consultation

If you’ve been harmed in an accident (in which you may be subject to a liability waiver), then it’s important that you consult a qualified personal injury lawyer for guidance on how best to proceed with the legal dispute.

Here at 1-800-THE-LAW2, we operate a large network of attorneys who are standing by to provide skilled assistance. Call us today to get connected to an experienced personal injury attorney in just 10 minutes or less. Consultation is free and confidential, so there’s no downside to contacting us as soon as possible.

Our staff are available 24/7 in both English and Spanish. We look forward to speaking with you.

5 Questions To Ask A Personal Injury Lawyer During Consultation

If you’ve been injured in an accident that was caused by the fault of another, then you may be entitled by law to sue and recover damages.

As you explore your legal options, however, there are a number of issues that you’ll want to have clarified by your attorney. Let’s explore some basic questions that you should ask a personal injury lawyer that you’re considering working with.

1) Are there any potential conflicts of interest?

In personal injury litigation, there are potential conflicts-of-interest that could prevent an attorney from being able to effectively advocate on your behalf. It’s important that you discuss this possibility with prospective attorneys.

For example, there are attorneys who represent plaintiffs and defendants in litigation. This can lead to a potential conflict-of-interest, as the attorney might have represented the defendant in your case before (or they might be interested in taking on that client later). They might not be incentivized to advocate aggressively on your behalf if they believe that there is more money to be made by “playing nice.” As such, you’ll want to assess this before you agree to be represented by the attorney.

2) What are the possible consequences and outcomes?

Perhaps the most obvious initial question you’ll have for an attorney is what you can expect to happen in your case.

Though most litigation is quite complex, and there’s no “certain” answer, an attorney will have an idea of what you can expect under ideal and non-ideal circumstances, from damages to likelihood of proving the defendant’s liability (given the case evidence that they’ve been made aware of).

Understanding what could happen in your case can help you decide whether and how to proceed.

3) What legal strategies are we considering if we move forward?

Though the initial attorney consultation is not necessarily going to lead to a set-in-stone case strategy, your attorney will likely have an idea of what potential legal strategies you can pursue (and are likely to pursue) going forward.

Ask your attorney about the strategic approach. This will give you a clearer understanding of your case and will empower you to request a different approach should you feel uncomfortable with the current one.

4) What will you need from me (i.e., documentation, behavior, etc.) as we litigate the case?

Plaintiffs are a fundamental part of personal injury litigation. As the plaintiff, you aren’t meant to take a backseat.

While your attorney will handle most communications and will take steps to gather evidence and develop your case, they may need you to provide additional information on the case. They will also want to consult you as to what your concerns are and what your goals are throughout the process.

Generally speaking, involved plaintiffs are a positive. Attorneys who more actively engage with plaintiffs are better equipped to effectively litigate the case.

5) Could you highlight next steps, and how long you expect the case to take?

Attorneys cannot necessarily predict how long a case is going to take due to complexities in the legal proceedings, including procedural disputes. But they’ll be able to give a rough estimate for how long the case “should” take. This can be valuable, as litigating a case can be demanding mentally. It’s important to know how long you can expect the fight to last.

You’ll also want to be fully aware of the next steps that your attorney is planning on taking the case. A skilled personal injury attorney should have a “plan of action” in place and should be able to highlight specific steps that they want to take to secure a positive outcome for you.

Contact An Experienced Personal Injury Lawyer In Our Network For A Free Consultation

Here at 1-800-THE-LAW2, we operate a network of experienced attorneys who are standing by ready to assist you.

Call us today to connect to a skilled personal injury lawyer in just 10 minutes or less. Consultation is free and confidential, so there’s no downside to getting in touch to schedule an initial consultation with one of our in-network attorneys!

Our staff are available 24/7, in English and Spanish. We look forward to speaking with you further.

Top 11 Personal Injury FAQs

This article can help you answer these top 5 personal injury FAQs:

How do I know if I have a personal injury case?
How much compensation can I get?
What are the most important things to do right after an accident?
What kind of cases do personal injury lawyers handle?
What are the most common types of personal injury cases?
What are personal injury cases?
What is the meaning of personal injury?
What is the difference between bodily injury and personal injury?
How bad does an injury have to be to claim?
What is a personal injury claim?
What does “negligence” mean?

Frequently Asked Questions, or FAQs, About Personal Injury Cases

How Do I Know if I Have a Personal Injury Case?

Speak with a personal injury lawyer. Our personal injury lawyers will talk to you for free to determine if you have a valid case. Don’t rely on the advice of the internet or your friends because they simply can’t tell you what an attorney can. The biggest question is whether you can prove that someone is responsible for your injury; this isn’t always an easy question to answer, and that’s why you should talk to a lawyer.

How Much Compensation Can I Get?

Personal injury cases can vary drastically in value. The case is worth what your damages are. Damages can be medical bills, loss of wages, missed days of work, etc. One guide is to ask how much your medical expenses are. If you have 500 dollars in medical bills your case is worth much less than if you have 50,000 dollars in medical bills. The most open damages are “pain and suffering.” Some would say that pain and suffering is usually three times the medical bills.

What Are the Most Important Things to Do Right After an Accident?

It’s always wise to get medical attention if you are hurt in an accident. With car accidents, make sure to get a police report. Do this even if the other driver tries to pressure you into not calling the police, as it is one of the most important first steps to take. Take pictures, get a police report, get medical attention, get the other driver’s insurance information and license plate.

What Kind of Cases Do Personal Injury Lawyers Handle?

Personal injury lawyers handle a variety of disputes. In fact, any dispute centering around an injury caused by another party’s negligence, recklessness, or intentional misconduct “technically” falls under the umbrella category of personal injury. Personal injury disputes include, but are not limited to, the following:

Motor vehicle accidents
Pedestrian accidents
Biking accidents
Slip and fall accidents
Product defect-related injuries
Assault and battery claims (civil)
Hazardous chemical exposure
And more

What Are the Most Common Types of Personal Injury Cases?

Though personal injury is a broad category that covers everything from pedestrian accidents to
slip and fall accidents, the most common “type” of personal injury dispute are MVA claims, or motor vehicle accident claims. In this sub-category, there is a lot of variety as well. The litigation process for a blind side-impact collision is different than that of a multi-car pileup starting from a rear-end collision.

What Are Personal Injury Cases?

Personal injury is a broad umbrella category that describes any dispute linked to an injury related loss. Typically, this loss is caused by the defendant’s negligence, recklessness, or intentional misconduct. For example, a car accident claim and a slip and fall claim would both fall under personal injury.

What Is the Meaning of Personal Injury?

Personal injury is simply a legal case “type” that helps lawyers and courts define a particular category of claims. Personal injury is linked to any claim that arises from an injury related loss. For example, if you get hurt in a car accident, then you have sustained an injury that would give rise to a “personal injury claim.”

What Is the Difference Between Bodily Injury and Personal Injury?

Bodily injury describes the type of injury (physical), whereas personal injury is a case categorization that covers all injury focused claims, such as emotional distress.

How Bad Does an Injury Have to be to Claim?

It has to overcome what is referred to as the “de minimis” baseline. This is extremely dependent on the court’s discretion, but generally speaking, if you haven’t suffered any financial losses due to the injury, it’s not bad enough to be a claim. If you have suffered financial losses, that’s enough to generate a legal claim. This also applies to a minor loss due to a sprained ankle. A tiny, surface-level cut on one’s finger, which required no medical care, is probably not enough to generate a legal claim.

What Is a Personal Injury Claim?

Personal Injury Claims

A personal injury claim is a case in which you were hurt because of something that somebody else did or was responsible for (e.g., a car accident, truck accident or slip and fall). This usually occurs when someone is negligent. A personal injury lawyer will be able to tell you whether your situation is a personal injury case.

What Does Negligence Mean?

Negligence definition

Negligence defined is basically when someone doesn’t do what they are supposed to do. For example, drivers are supposed to stop at red lights. They have a legal responsibility to do so. So, if a driver sees a red light but doesn’t stop, they were negligent. If they run the red light and cause you to be hurt, then they are responsible for the damages that result from their negligence.

Find an Attorney to Help You File a Personal Injury Lawsuit

Here at 1-800-THE-LAW2, we maintain a large network of experienced personal injury lawyers who can help. Call us today for a free consultation. We’ll connect you to an injury attorney in just 10 minutes or less.