Tutorial: Personal Injury in General

Learning personal injury lawQ: Why should I bother with a lawyer?

Answer: If you were injured by another person who was not acting in a proper fashion for the given conditions and circumstances present, there are many reasons you need to retain a lawyer as soon as physically possible. But you must avoid an additional catastrophe, and not simply retain the first lawyer you see on a t.v. commercial, or on the back of a bus, or with their name and photograph emblazoned some bus stop bench. You must find the best legal representatives possible. Hopefully you have elected to use the free tutorial review of free legal information contained within this site designed by Ehline Law to locate an experienced pi attorney.

Using this below checklist will help you find a serious and compassionate catastrophic injury lawyer to get you the representation you need for your civil case.

A. Maximize Your Settlement;Our personal injuries lawyers aggressively work up your claims to get you the best settlement, and we do it with haste.

B. We Have Vast Experience With Liability Insurance Companies;Our Attorneys are accustomed with negotiating with insurance companies and we won’t be fooled by a crafty insurance adjustor who is highly trained at devaluing insurance claims to force an unfair settlement. Ehline Law fights to squeeze every penny for you.

C. No Recovery No Fee – If You Don’t Get a Settlement or Verdict;Our personal injury attorneys are paid on a contingent fee basis. Basically, no recovery, no fee to us. This is true, even though you are liable for basic expenses by law, you don’t pay us a fee unless we recover. That is what the law requires Obviously, you need a good attorney, because no matter what, you need to pay your doctors and experts who helped you in recovering from your injury. Sometimes these bills may be paid by other sources, but they usually must be paid out of a settlement or verdict.

D. Paperwork/Motions;Our experienced lawyers have vast experience are litigators and we know how to do the motions and legal paperwork courts and insurance companies want to see in your civil and insurance claims cases. This means you can focus on healing and recovery and let us hit a home run for you.

E. Private Investigators;Our experienced attorneys retain investigators when necessary, who will dig deeper into the backgrounds of the wrongdoers and even preserve valuable evidence to protect your case.

F. Objective Separation;It is easy to get emotional and want to lash out at the insurance company and the one who injured you. Ehline Law has years of legal training in being objective, so choices wont be made that are regrettable and rash with respect to your injury claims. Sometimes you may be so emotional, you just want to surrender and take whatever the insurance company offers you, which is never really fair unless you had retained an objective lawyer.

G. Other Forms of Claim Dispute Resolution (ADR);Our qualified pi attorneys understand that lawsuits can end up eating all of your award up in fees and costs. Sometimes you may want to arbitrate, or mediate as an alternative dispute resolution to your claims. (ADR) We can help. know whether your.

H. A Coalition of Personal Big Case Experts;Our highly intelligent personal injury attorney will use his network of other lawyers, in order to get you the legal help needed to attack your opposition effectively.

I. Qualified Case Value Evaluators;Ehline Law Personal injury attorneys have vast training and experience in valuating cases like yours. We can put an estimated value on your case. This makes us more effective when negotiating ADR. This can also give you an idea whether or not you should pursue the claim at all.

J. Top Jury Verdicts;Our lead attorney is a highly aggressive former U.S. Marine. He runs to the sound of the guns. If trial is unavoidable, a great lawyer can zealously represent you in court and try to get you a jury verdict that is just and fair for you and your loved ones.

Jury review

Personal injury is an area of the law that involves injury to the body, emotions and mind, rather than injury to property, but cases can include injury to property. When a personal injury lawsuit is alleges the plaintiff sustained injuries that were caused by negligence by another individual or party, it refers to a type of tort lawsuit. Defamation torts can also be a part of personal injury law and lawsuits.

Types of Personal Injury

The types of personal injury claims that are most common are roadway traffic accidents, tripping accidents, assault claims, and defective product accidents, which are product liability claims. Workplace accidents, injuries in the home, holiday accidents and medical errors. Personal injury law covers both medical and dental accidents, and lead to medical negligence claims, with many occurring every year. Cases are filed that are classified industrial disease claims, including peritoneal mesothelioma, asbestosis, chest diseases such as emphysema, silicosis, chronic bronchitis, asthma, and pneumoconiosis these are some of chronic obstructive pulmonary disease and chronic obstructive airway diseases. Occupational stress, occupational deafness, vibration white finger, contact dermatitis, as well as repetitive strain injury cases are types of personal injury claims.

True, it may be better to go to small claims for slight injuries, but sometimes that soft tissue case can be a bulging disc that requires lifetime care, surgical intervention and nursing care. Get a consultation before you do anything. Most people already think they know what a personal injury is, but you may be surprised about what a e personal injury includes as follows:

  • swimming pool and jacuzzi drowning accidents
  • burn injury
  • head trauma like brain injury
  • slip and fall injuries
  • dog bites injuries
  • whiplash
  • spinal cord injury, like a bulging disc, herniated, or ruptured disc.

What Other Types of Injuries are Included in Tort Law?

There are many different types of tort injuries that arise in Southern California. Most tort injuries are the result of someone’s negligence. However, there are also intentional torts such as battery, assault, or intentional infliction of emotional distress. Negligence is how the great majority of Injuries occur and is the term used in California Courts and includes but is not limited to: Wrongful Death Accidents; Survival Actions; Premises Liability Injuries, which include slips and falls; Automobile Accident Injuries, which makes up a large majority of civil case filings in California Courts for; Negligence; Airplane Accidents; Products Liability Injuries, etc.

Our California law firm of seasoned attorneys are here to help guide you through the quagmire of California personal injury law. When to retain an attorney is simple and the answer is that you must do so immediately. You cannot allow the statute of limitations to expire in civil cases.

When the negligence of another party is able to be proven, the injured individual is permitted to monetary compensation from the party whose actions resulted in the injury. This falls under tort law in the United States. Due to the complexities in this area of law, critics have called for various forms of tort reform. Having legal representation is generally essential, because these types of cases can be extremely complicated like a medical malpractice case, which can have more than one negligent party. Lawyers often use a contingency basis for payment, which is an agreed upon percentage of the plaintiffs compensation, which is payable when there is a successful outcome in the case, either through a negotiated settlement or a court verdict.

Time Limitations

In most countries there are time limitations, in the United States, this is known as statute of limitations (defined here.) In both England and Wales, the time limitations rules stipulate, when an individual is bringing a claim for compensation, the court proceedings must be within 3 years from the date of the injury. If the court proceedings are not within this time limit, the claimant will lose the right to file the claim against the negligent party. There is one exception, if the injured party was under the age of 18 years at the time of the injury. Then they will have until the day before their 21st birthday to begin proceedings. Other exceptions to the three year rule may be up to the courts discretion to extend or waive the time limitation, if it is considered equitable, and the other exception is when the accident causing the injury is not immediately known, such as industrial deafness, which may not be immediately known by the injured party. The three year period of time will then start from the date that the individual knew or should have known that they had a claim.

The statute of limitations in the United States, works differently, since each state’s laws will determine the amount of time, in which a plaintiff has to file their injury claim. Oregon state laws for bringing a lawsuit, as an example in car accident injury, the claim must be filed within two years from the date of the injury. The time limit, like each state having their own set of statute of limitations, the time will also differ, depending on the type of personal injury claim that is being filed. Each of the different types of injuries will be from the date of the injury, with injuries like rape having a much longer time limit to file a case, but if it is a claim against a state or government agency the time limit could be as little as six months.

Fee Agreements—Conditional

In England Legal Aid for personal injury cases were mostly eliminated in the latter part of the 1990’s and then were replaced with a different type of representation, whereby the client would not be charged a fee, until the client’s case was won. In the event that the case is unsuccessful in recovering compensation, then the client would be charged no fee, this is known as “no win, no fee.”

The no win, no fee is known as a Conditional Fee Agreement (CFA), which is an agreement between the client and the law firm that takes personal injury cases, with the understanding if they are unsuccessful, the client will not be responsible for paying the lawyers costs.

When the attorney does win the case, then they will be entitled to the agreed upon standard fee, plus an uplift, which is also known as a success fee. According to English law, this success fee, must not be larger than 100 percent of the lawyers standard fee.

Pain and Suffering—Loss of Amenity

Compensation that is recovered in a personal injury case will depend upon the severity of the injury. When the injuries are severe, such as brain damage, severed limbs or broken bones, which cause serious physical pain and suffering, generally will obtain the maximum injury settlements.

Besides obtaining compensation for injuries, the injured individual may also be compensated for affect the injuries have had on their life. One example is a cricket player, who suffers a wrist injury. This injury is severe enough that it will keep him from playing for the season. In a claim of this type, there may be compensation awarded that is above the award for the actual injury; instead it is for the loss of playing. This is referred to as a loss of amenity, which is an award that is a part of the claim for pain, suffering and loss of amenity.

The person suffering injuries that results in an inability to work, which was enjoyed prior to the injury can be compensated. This is known as loss of congenial employment, which the injured party is compensated for in their case, above the compensation for the actual injury.

Personal Injury Cases Structured Settlements

In many cases the injury victim is in favor of a structured settlement, which will protect their interests financially after an injury settlement is reached. The structured settlement provides tax benefits for the injury victim and at the same time, it will ensure proper financial planning for the individual future needs of the injury victim.

Ehline is a non commercial publisher, reproducing theses civil jury instructions for the purpose of educating the public. These civil jury instructions are available online for free at the Judicial Council of California Public Website:

North Bound Collisions Can Happen

When to retain California injury attorneys depends upon how badly you were hurt. Sometimes you may be better off going to small claims court in a soft tissue case, where there are no objective injuries that can be seen by an x-ray, or the naked eye, like an orthopaedic injury.

For example, lacerations to the face, a compound fracture involving a sheared ankle, shows objectively visible physical damages to your body. The California personal injury law firm at the Ehline Law Firm P.C., want you, the California consumer, to know what to do if you are injured in California. Knowing when to retain attorneys is very important for the preservation of your insurance accident claims.

What Next?

Now that you know the law by our tutorial review, you can see that you need an attorney who has passed the general bar exam with expertise as a former paralegal. Ehline is the answer to making it happen while your military family is away, and in protecting your rights, while you protect ours. Michael Ehline is a fighter and a patriot just like you! We are even local to Marina del Rey, California, and are famous Hermosa Beach attorneys also serving as Huntington Beach lawyers.

Vacation injuries also will require local representation by a seasoned jurist. Get an exceptional beach city injury law firm, with talented legal counsel.

Get Free Legal Advice Now

Head trauma, or spinal cord injury from a slip and fall in a premises liability case are no laughing matter. We offer free legal advice about traffic accident, car accident, or airplane crash law and slip and fall claims. Our forensic experts and accident investigation attorneys litigate plane, train and automobile accident lawsuits. Motor vehicle collision attorneys with a military edge.

A tour bus accident and truck crash are unique and so are you. A civil defendant is liable in a soft tissue case for a back sprain, neck sprain from a train crash, or bike accident. Vehicle rollover attorneys may be necessary to litigate civil cases and file motions.

Sometimes the Jury Must Decide

We try cases to jury verdict to get a jury award of money damages for past economic loss, future economic loss; prove up special damages like property damage, hospital and medical bills, as well as for pain and suffering, past, present, and future. Locate an attorney for free. No matter what you need, we are waiting for your call now! When to retain an experienced personal injury lawyer is now!

Basically, a personal injury is not actionable against a wrongdoer, unless the injury causing wrongdoer is negligent. Ehline wants you to read the jury instructions on negligence, so you can understand and become educated in whether or not you have a personal injury case.