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Top Four Things That Could Affect Your Personal Injury Lawsuit

Hiring a personal injury lawyer to represent you after you have been negatively impacted by the purposeful or neglectful actions of another person or company is an important step to take. However, this simple action will not guarantee the ideal outcome that you are hoping for and planning on. These are four of the primary factors that may affect the outcome of your case, and some of them could be improved upon to help you enjoy a better result.

1. The Severity of Damage or Harm to You

A personal injury case is usually tried in front of a jury, and the jury will pay close attention to how significantly you were impacted by the event. In some cases, if the jury feels as though the case is frivolous, they may not decide in your favor. The other possibility is that the jury will only award a small amount of money to you. If the jury feels that your own actions or negligence played a role in the event, you may not win your case, or the settlement may be lower than you requested.

2. The Proof Supporting Your Claims

Some personal injury cases boil down to two opposing parties claiming different things. Evidence or proof to support a claim is often critical if you want the case to be ruled in your favor and if you want the maximum financial return possible. Your personal injury lawyer may help you to pull together evidence or proof, or he or she may recommend items that you could obtain to corroborate your claim.

3. The Availability of Experts

When evidence or proof is scarce, another option to consider that may strengthen your case is expert testimony. You may have to pay a professional for his or her time spent on your case. However, the impact of an industry expert corroborating your claims can be significant. Your personal injury lawyer may be able to locate an expert who is willing to testify on your behalf.

4. The Actual Value of the Case

Another important matter to consider when you are looking at the possible outcome of your case is the value that your case is worth. For example, if your property was damaged because of a reckless driver, you may need to provide repair receipts, hotel receipts if you had to live outside the home while it was being repaired and more. When the value of the case is negligible or cannot be proven, the jury may not side in your favor.

Selecting the right Toronto personal injury lawyer to hire for representation is critical. Your attorney may provide you with insight about the overall strength of your case and probable outcome. He or she can also help you to strengthen or solidify your case for the best results possible.

10 Things To Keep in Mind Before Giving Deposition in A Personal Injury Case

If you’re someone who’s new to lawyers and cases and court, then it’s natural to be nervous when you suddenly face a scenario like that. Personal Injury cases are very common these days and you never know when you might be in a situation where you are charged with or charge someone for personal injury.

A Personal Injury Deposition is a phase before trial in personal injury cases. It’s basically a phase where both parties try to gather information as much information as possible about the case. The person who’s giving testimony will be required to appear at a particular time and place and also take an oath that the information given is true.

Giving a deposition is not a big deal, but for the first time, it can cause some nervousness and stress. The following ten tips will help you relax and know better a personal injury deposition.

1. Questions And Answers

A personal injury deposition involves personal injury lawyers of the opposite party asking questions and you answering them. It doesn’t work like a conversation or a monologue where you can tell everything you know about the case in one shot and end the deposition.

2. No Judge Present

In most personal injury depositions, there are no judges present. This is both an advantage as well as a disadvantage. It’s an advantage because having a judge around can make you uncomfortable and nervous and a disadvantage because if the personal injury lawyer of the opposite party asks improper questions, the objections are only for the record and you will still be expected to answer.

3. Don’t give too much information

The moment you start talking like you’re on a roll and have been talking more than three or four long sentences, you start giving out too much information. Always say what’s necessary with a long sentence and don’t talk irrelevant stuff.

4. Be direct, accurate and aware

Be honest with your answers and give straight and direct answers to all the questions possible. Sometimes, the opposing counsel might interpret your answer in a different way and try to alter your answer and ask for your confirmation. Listen carefully and if you ever find you answer even slightly altered, take a moment to provide necessary clarifications till everyone has got the point.

5. No Opinions

A deposition is basically just to gather information about what happened. So, try to avoid giving your own opinions. There are no justifications required for your answers and remember that you are not obliged to provide any. If you do not remember something clearly, explain to the counsel that you really do not remember, instead of answering based on assumptions and opinions.

6. Dress Well

Dressing appropriately and well can make you confident and also, impress your opposing counsel better. It’s always good to prepare beforehand about what you’re going to wear and make sure it looks clean, tidy and well pressed.

7. Get It Clarified

If the personal injury lawyer Toronto ask you questions that you do not understand or feel is ambiguous, then politely let them know that you have not clearly understood the meaning. It’s completely OK to do so.

8. Take Water and Snacks along

A deposition can take quite a while and it’s always better to be prepared and carry snacks and water to take care of yourself. You can always ask your attorney if you want to go for a bathroom break or a short walk to stretch your legs without feeling shy.

9. Know Your Documents

If there are medical records or other documents and proofs involved, make sure you go through them before testifying in your deposition.

10. Most Importantly, Stay Calm

Don’t get frustrated or angry or let your emotions take control when you’re answering questions. Stay relaxed and calm and think carefully before answering.

Personal Injury Depositions are nothing to be worried or nervous about, just stay calm and answer everything honestly and justice and truth shall always prevail.

6 Common Causes of Slip and Fall Accidents

Nearly one million people visit the emergency room every year due to some variation of a slip and fall incident. However, no matter what type of accident it may be, even the smallest slip and fall can cause injuries as serious as death. But, every account of an accident can be easily prevented. In this guide, we will be going over the six most common causes of slip and fall accidents and when you should contact a personal injury lawyer.

1. Poorly Trained Procedures

The majority of slip and fall accidents happen in the workplace because workers commonly walk on sleek and narrow surfaces. Additionally, workers are usually poorly trained on avoiding slip and fall accidents which only adds to the potential of injury.

2. Poor Weather Conditions

A large majority of slip and fall accidents actually occur due to poor weather conditions, such as rain, snow, and sleet. Even though we have no direct control over the weather that affects us, we can control the surface we walk on, such as crosswalks, driveways, sidewalks, etc.

3. Hazardous Surfaces

According to the National Safety Institute, 55 percent of all slip and fall accidents happen on hazardous or profoundly dangerous surfaces. Below, are the most common surfaces to avoid due to slip and fall risks:
Wet floors
Rugged carpets
Loose floorboards
Broken sidewalks

4. Shoewear

A large number of slip and fall accidents, 24 percent to be exact, are caused by wearing improper shoe wear. However, it’s more than wearing dress shoes while working at a warehouse. Not wearing rubber-soled shoes in a lower traction environment can cause a number of injuries, including a slip and fall accident.

5. Nursing Home Neglect

Elderly people are at an increased risk of experiencing a slip and fall because their balance gets worse over time. Additionally, when these accidents do occur, they are likely to cause more serious damage. This makes slip and fall accidents extremely serious among the elderly, and especially so in nursing homes. If those who work at nursing homes do not pay proper attention to their residents or do not assist when needed, the problem becomes even worse. In these cases, the assistance of a personal injury lawyer is necessary to receive the restitution that is so severely needed by these victims.

6. Fraudulent Claims

The majority of slip and fall claims are entirely legitimate. However, around three percent are filed fraudulently. People either lie about being the victim of one of these accidents or they set up the fall so it looks like an accident. The people who file these claims are simply trying to get money from their employer, a business owner, or another citizen. Though these cases are rare, they do still happen.

Slip and fall accidents are all too common. If you ever find yourself the victim of one of these accidents, do not hesitate to contact a personal injury lawyer. They can help you to gather proof, argue your case, and get you the compensation you deserve.

4 situations that need the expertise of an injury lawyer

One of the most crucial decisions you need to make when you have suffered an injury is whether you need the services of a personal injury lawyer. Discussed are 4 situations when the expertise of an injury lawyer are needed.

1. If you have serious injuries

A seemingly harmless slip and fall accident can lead to a head trauma. If you have suffered serious injuries, then it is best to enlist the services of a personal injury lawyer. Many victims make the mistake of taking the first offer made by the insurance. However, as time goes by, they realize that their injuries were serious and the cost implications are huge. Head injuries, back injuries, and neck injuries should not be taken lightly. A lawyer will advise you to seek treatment first before you approach the insurance for a settlement. The lawyer will also ensure that you receive a settlement that is commensurate with your injuries.

2. when your claim is denied

It is not uncommon for a personal injury claim to be denied. Many injured parties who have legitimate claims are turned down by insurance companies. In some cases, the reasons for a claim denial do not hold water. If your claim has been denied, you need to consult with a personal injury lawyer. They will review your case and advice on the way forward. The lawyer will also hold negotiations with the insurance adjuster to find out the reason for denial. If the reason is not legitimate, the lawyer will help you file a lawsuit and represent you.

3. When you cannot value your claim

Claim valuation requires expertise. On your own, you may not have the knowledge and skills needed to value your claim. As a result, you may undervalue it and then encounter financial hardships later. Personal injury lawyers have the skills and experience needed to value your claim. They will consider current medical bills and the possibility of future medical treatment. You also deserve compensation for pain and suffering from mental anguish. This is best left to the legal experts.

4. When you lack the legal knowledge and experience

Personal injury law is complicated. Again, there are state laws that govern how injury settlements are to be conducted. Unless you have extensive knowledge and experience, you should not attempt an injury case on your own. To receive compensation, you need to prove liability or negligence. This is hard, even in straightforward cases. There is also a time limit when it comes to filing injury cases. An injury lawyer will guide you throughout the legal process.

If you or a loved one have been injured through negligence by a third party, it is wise to enlist the services of a Toronto personal injury lawyer.

7 Tips on how to find an Excellent Personal Injury Attorney

Many people across the country have been affected by different forms of personal injury but have been unable to get the compensation that they deserve due to lack of representation from competent attorneys. Finding the best lawyer for a particular situation is not quite hard. People need to use almost the same approaches employed in the search for any specialist. Below are seven critical tips on how to get the best personal injury lawyers in your city.

1. Understand your situation

Personal injury attorneys are different from other lawyers since they are skilled in specific fields. If you have sustained injuries due to the negligence of an employer, a hospital, or an individual it is necessary to get the best legal expert to handle your case. The best personal injury attorney should be experienced in trial and negotiation, be well informed on negligence law, and also understand medical reports.

2. Research about different lawyers

You need to know various aspects of a good lawyer for your case. Factors to consider should include their disciplinary records, reputation, area of practice, trial experience, past court room records, and location. Knowing this makes it easier for you to work with the attorney and also boost your confidence.

3. Ask for referrals from the close friends

Inquire from the people that you trust on the attorneys that they might know. The individuals that one may consult include work colleagues, relatives, and friends. It is also advisable to seek help from lawyers that you have worked with in the past to refer you to the best attorney or law firm for the task. For one to get the maximum fair compensation for an injury, it is important to work with an excellent personal injury lawyer and not one who occasionally deals such cases.

4. Use search engines to find potential attorneys

Most attorneys have online platforms that clients can use to contact them. There are also reviews that have been posted on the internet about the best lawyers for personal injury cases in your location. When searching online, use many keywords to get the best results. For example, if your child was injured during birth, just search for a child birth injury lawyer in your city. You can get many attorneys online, but you will have to select the best based on the information that you get on the internet.

5. Meet the lawyers that you prefer.

After making a list of potential candidates, it is good to meet them personally for you to select the best. You can have a list of questions that you can ask about your case. This will help you to know the attorney who is most informed about your situation. Attorneys don’t charge for the first visit, but some require clients to pay consultation fees. Your best candidate should be able to make you feel confident regarding his or her personality, credentials, and positivity. Lawsuits take a while to be determined, and therefore, it is important to have the right person since you will be working together for a long time.

6. Know the attorney’s fee structure

Before choosing a lawyer that you would like work with, be sure that you will be able to afford his or her legal fees. Every attorney has a different fee structure, and you can select the one that feels convenient. A good personal injury attorney will not ask for any payments up front. Most of them collect their fees after the case is determined.

7. Hire your best candidate

After determining all the factors above, you can hire a personal injury lawyer with the best qualifications and fee structure. Ensure that you agree well with the attorney to ensure the success of your case.

Filing a Medical Malpractice- The Basics

People go to hospitals so that they may find consolation and help. However, at times the medical professional attending to a patient may fail to perform his medical duties as required. Take, for instance, if a doctor does not make a proper diagnosis, the disease could progress and cause adverse effects. If a suspicious mammogram is realized and acted upon in time, treatment can be administered, and the patient can recover fully. If skin cancer is recognized early, it can be treated before the patient passes on. Therefore, medical malpractice is a delicate case that should be handled by qualified medical malpractice lawyers.

Filing for a claim

The rules of medical malpractice, from when to file a lawsuit to when you notify the doctor depend on the state’s law. However, there are overall principles that cut across.
Before filing a medical malpractice claim, a patient must prove these things:

The existence of a doctor-patient relationship

Patients should establish that there was a patient-physician relationship with the doctor they are suing. It means that you hired the physician and the physician agreed to be engaged. Therefore, you cannot sue a doctor you overheard offering advice at a tea party or over the television. It is easy to prove your claim if you had already hired the doctor and treatment had commenced.

Negligence of the doctor

Dissatisfaction with the outcome of the treatment only does not form the basis of filing a claim. Rather, the physician should have been negligent concerning your diagnosis and treatment. Therefore, you must show that the medical expert caused you harm that would not have occurred if a competent doctor handled you. The doctor is not required to be perfect, but rather careful and skillful. Usually, another medical expert will be asked to explain the standard medical care procedure that should have been done, then prove how the defendant deviated from this standard.

The doctor’s negligence caused harm

Since most medical malpractice cases deal with patients who were already unwell, it is usually necessary to ascertain if what the doctor did, led to the damage or not. For instance, if a patient dies of skin cancer, and the doctor was negligent in a way, it’s hard to prove if the death was caused by the skin cancer of the physician’s negligence. Thus, the plaintiff should show that it is more likely than not for the harm to have been caused by the doctor.

Difficulties of Evidence: The “Res Ipsa” Doctrine

If you are sure that you or your loved ones have suffered harm due to medical malpractice but you are unable to prove it, talk to your medical malpractice lawyer about “res ipsa loquitur.” It is a doctrine that is translated into English to mean “the thing speaks for itself.” You can invoke this doctrine to make the case easier. To use this doctrine appropriately, the plaintiff should show that:

  • The real cause of the injury cannot be obtained
  • The plaintiff is not responsible for the injury
  • The damage doesn’t occur in the absence of negligence
  • The injury could only be caused by an instrument that is in the defendant’s control

Hire a lawyer

A medical malpractice case can be overwhelming. That is why hiring medical malpractice lawyers Toronto is a great way of ensuring justice is served.

What Action One Should Take in the Event of a Personal Injury

Personal injury refers to any bodily harm, illness, or mental incapacitation that may occur as a result of negligence. Bodily injury occurs as a result of:

• Road accidents
• Product defect accidents
Medical negligence
• Premise accidents
• Workplace exposure to hazardous materials that cause bad health like chronic diseases
• Animal attack
In cases of personal injury, the negligent party is liable for compensating the injured person. In most cases, the injured party has to file a lawsuit against the negligent party to receive compensation. The injured party is also responsible for determining the extent of the loss and to hold the negligent party into account.What to do after personal injury
In most cases leading to personal impairment, one is left confused and injured. The first action one should take is to seek medical attention.

For legal purposes, you need to contact the police to take a record of the incident leading to the injury. The report will help when making insurance claims or obtaining evidence for a lawsuit. If you are not able to contact the police, it is important to call an attorney for assistance.
Besides filing a police report, one should also gather evidence the person at fault. It is recommended that you request witnesses to the accident to come forward and give you their contacts. You will require them during a court battle. Take photos of the accident scene and other physical marks that can be used as evidence.Purpose of a personal injury attorney
After any accident occurs to you, it is advisable to contact a personal injury lawyer immediately. An attorney will advise you on the appropriate legal action to take. Additionally, the attorney will also collect relevant evidence to help him obtain a favorable outcome during a lawsuit.

Ask your lawyer to explain all the aspects of the incident for which you could receive compensation. In most personal affliction cases, the victim will receive payment for medical service, loss, lost wages, and suffering.
Your attorney is the most valuable person you will need when pursuing any personal harm cases. Apart from being in charge of collecting evidence from the accident scenes, he will also liaise with doctors and the police to obtain sufficient information that will be used in making insurance claims and fighting for higher compensation. Taking a legal action
A legal action will be required to judge if the accused party was negligent during an accident. During the legal process, you will have to incur expenses of hiring a personal injury attorney and for covering various expenses. The accused party will only be held liable of any expense after the court ruling works in favor of the plaintiff.

What to Look For in a Personal Injury Lawyer

If you think that you have a personal injury case that you can win, it is in your best interest to hire a lawyer to help you in that pursuit. As not all lawyers will be a good fit for your case, it is important that you know what to look for before you hire someone to represent you.

Will Your Lawyer Actually Represent You?

It is possible that your case will be transferred to a junior associate or a paralegal who will gather evidence and otherwise prepare for trial. While these people are trained professionals who will give their best effort, they may not understand the law like an experienced lawyer does. Therefore, be sure that he or she will actually represent you in court if that is what you want or need.

Does the Lawyer Actually Believe That You Have a Case?

If your lawyer doesn’t believe that you have a case, it is unlikely that he or she is going to provide the type of representation that you deserve. During the initial consultation, study the attorney’s body language as well as the questions he or she may ask. A relatively short meeting may also be an indication that a particular lawyer doesn’t believe that your allegations are true or that you can win your case. That is not someone you want by your side in court or during settlement talks.

Does the Lawyer Have a Track Record?

Ideally, you will hire someone who has won large settlements or jury awards in the past. While prior outcomes don’t guarantee any particular result in your case, it does mean that the potential is there to obtain maximum compensation for injuries and other damages. It also means that opposing counsel in your case is aware of how good your legal representative may be, which could lead to a large settlement offer right away instead of spending time fighting would is ultimately a futile battle.

Conversely, you may want to check an lawyer’s record to find out if he or she was ever reprimanded or found to be in violation of ethics or other rules. If so, you may want to consider someone else who is more likely to represent your interests in a legal and moral way.

If you have been hurt, a personal injury lawyer Toronto may help you obtain compensation to help pay for medical bills or other living expenses. In the event that you cannot work because of your injuries, you may be entitled to compensation for your lost earnings or other benefits.

Personal injury law provides for recovery after an accident

Personal injury law is the field of law that concerns recovery of damages for injury by the injured person. Attorneys that practice personal injury law are known as personal injury attorneys. That is a legal specialty that is recognized by most state bar associations. Personal injury attorneys represent injured people in seeking recovery of damages caused by injury. In order for the injured person to recover for an injury, it must be proven that the injury is the result of the negligence of the party recovery is sought from. In other words, if A makes a careless left turn with a car in front of B and B is injured as a result, B may seek to recover from A the value of that injury. That value includes medical expenses, lost wages, and property damage. Claims are also made for damages known as pain and suffering and emotional distress.

PI Lawyers Specialize in Damage Recovery
Many attorneys specialize in personal injury lawsuits and advertise their services very widely. The Yellow Pages are rife with advertising by personal injury lawyer Toronto. There is also extensive television advertising and even online advertising by personal injury attorneys. A Google search for personal injury will yield listings by personal injury attorneys practicing in your area. Lawyers are highly compensated for their personal injury work and they seek it actively.

Personal Injury Lawyers Advertise Their Services
Personal injury law is an area of legal practice that has developed a reputation for the pursuit of excessive or even unwarranted litigation. Advertising by personal injury lawyers does seem almost to promote the idea that someone injured in an accident can realize a substantial recovery. Of course, lawyers actively promote the service because they are well paid for it. These cases are generally taken by lawyers on a contingency fee basis, meaning that the lawyer earns a percentage of the ultimate recovery. That is generally one-third of the recovery, although there are lawyers that advertise discounts, some charging only one-quarter of the recovery. Few of these cases proceed to trial, but most are settled by insurance companies out of court. Personal injury attorneys are rarely called upon to litigate personal injury claims.

Some People Would Limit Personal Injury Recoveries
Personal injury law has become very controversial. In some American states, there have been movements afoot to develop and enforce tort litigation. Tort is the area of law in which damage claims are made for injuries suffered as a result of negligence. Personal injury law is tort law. Activists seeking tort reform would seek to limit or eliminate the ability of claimants to pursue claims for tort losses, or to reduce the amount of damages available to claimants. Some activists seek to have tort recovery removed from the court system altogether and placed into a form of social security whereby compensation would be derived from governmental funds. Such a system has existed in New Zealand since 1972. The purpose is to reduce the overwhelming cost of litigation while ensuring that injured people and parties are compensated for their injury.

The Injured Should Have the Right to Recover for Their Injuries
In the end, personal injury lawyers do serve a valuable purpose. A person who is seriously injured in an accident should have a right to recover his or her losses, including medical care and lost wages, and for very severe injuries, even pain and suffering. Personal injury lawyers learn the ins and out of negotiating with insurance carriers so as to maximize recovery, and that does benefit the claimant. Personal injury lawyers can become highly skilled in their area of practice.