Personal Injury Lawyers - How They Can Help You

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When you've been involved in an auto accident, or have been injured in some way, you may frequently be struck with a feeling of isolation. You do not understand who to ask for support, and this may leave you feeling very helpless. To make things worse, your automobile may well be a complete loss, you may well not be able to work, and you most likely have medical charges piling up. No vehicle, absence from your job and no funds coming in will rapidly cause even the most sane human being feel like they're going crazy.

If you discover yourself in this sort of situation, you must call a personal injury lawyer. Your attorney is able to be present for you when nobody else will, and he will battle to get you every dime you deserve to help pay for medical bills, vehicle repairs and any added charges you may well have incurred on account of your injuries.

It's a fine idea to have a personal injury attorney's info handy in case you ever require it. Needless to say no one thinks about that until they have in point of fact been harmed. However regardless of whether or not you have a attorney's number on speed dial, you should at all times think to contact an attorney as soon as you are harmed. If you wait, you may lose the chance to discover information that will help you win your suit. When you contact the attorney, advise him or her you have just been injured and you require some assistance. The lawyer will be able to lead you through every stage.

Nearly all personal injury attorneys also know medical personnel they will refer you to so that you will get a full medical exam. Should you have broken bones, these will have to be x-rayed. You need a full checkup from a doctor since you might not be aware of the extent of your accidental injuries for a while after the crash. This is because of the adrenaline pumping throughout your body that hides all the soreness you would ordinarily be aware of. Your lawyer's physician will evaluate your accidental injuries and will then be able to submit a statement that will be utilized as evidence in your case. At times, should the case goes to trial, the doctor may be called to the witness stand.

Frequently, a lawyer will refer you to a chiropractor every week or more often to be sure you're being taken care of. This is while he or she compiles and pores over the evidence so they can assemble a rock solid suit. Should the lawsuit be solid enough, the case might never see a court room. That is because insurance companies frequently like to settle; particularly should they feel as though they don't stand a chance of winning against you and your lawyer.

Employing a personal injury attorney isn't a thing you to do to become wealthy, although you will potentially secure a lot of money in a settlement, depending on the injuries you suffered through. However, the money you obtain may be utilized to pay off all that debt that is been piling up since your collision.

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Illinois Personal Injury - Lawyers and Recent Developments

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Personal injury lawsuits in Illinois generally involve a person being physically or emotionally injured, or a person's property being damaged. Illinois personal injury law allows people to be compensated for damages due to another person's intentional actions, carelessness, negligence, or recklessness. Damages in Illinois personal injury cases may consist of payment for medical expenses, lost wages, pain and suffering and other losses. There is no magic formula as to what a case is worth and every case is different. In most cases the money paid out for a settlement comes from an insurance company. Over the past several years, the Illinois state legislature has passed several new laws that have had major effects on the rights and liabilities of both plaintiffs and defendants in personal injury actions.

Medical Malpractice Recovery Caps

Perhaps the most significant change in Illinois personal injury law over the past two years is the Illinois legislature's 2005 law setting a maximum amount of damages for "pain and suffering" recoverable in a medical malpractice case. Specifically, the law places a $500,000 limit on "pain and suffering" damages against Illinois doctors. The law also includes a $1 million limit on non-economic (i.e. punitive) damages against hospitals. Furthermore, it also contains provisions to prevent frivolous lawsuits, new disciplinary tools and public disclosure to weed out bad doctors, and more oversight and competition among the companies that provide malpractice insurance for doctors.

Similar laws have been enacted, or at least contemplated, throughout the country and evoke strong opinions on both sides. Victim's groups claim that the law will deny severely injured and/or disabled medical malpractice victims full compensation for their injuries. These groups further argue that the limits will frustrate the social benefits of medical malpractice lawsuits, which weed out incompetent doctors. On the other side of the debate are doctors and insurance companies who claim that frivolous medical malpractice lawsuits drive up insurance premiums which are then passed on to patients. This, they claim, drives doctors away from treating low-income patients or forces them to abandon their practice altogether.

"Good Samaritan" Protections

Effective in July 2006, the Illinois legislature recently added to the so-called "Good Samaritan" laws which protect individuals who provide emergency care to injured individuals from later lawsuits by those very same individuals. Specifically, the new section provides that a person who is currently certified in first aid by the American Red Cross or the American Heart Association and who in good faith provides first aid without fee to any person shall not, as a result of his or her acts or omissions, except willful and wanton misconduct on the part of the person in providing the aid, be liable to a person to whom such aid is provided for civil damages

Medical Malpractice Evidence

Although less significant (and less controversial) than the damages caps described above, two other recent Illinois laws have changed the type of evidence that is admissible in medical malpractice cases.

The first area of reform deals with standards for expert witnesses in medical malpractice cases. Such experts are almost always doctors themselves, and are often critical to the outcome of a case. The law specifically provides that in an action against a medical professional, a qualifying expert is one who: (1) is board certified or board eligible in the same or similar specialty as the defendant; (2) has devoted a majority of work time to the practice, teaching, or University based research in relation to the type of care or treatment at issue in the claim; (3) is licensed in the same profession with the same class of license as the defendant if the defendant is an individual; (4) in a case against a non-specialist, an expert shall demonstrate familiarity with the standard of care and shall provide evidence of active practice, teaching, or university research. If retired, an expert must provide evidence of completion of continuing education for three previous years. An individual must have actively practiced, taught, or engaged in university research, or any combination thereof, during the past five years to qualify as an expert witness.

Secondly, the Illinois legislature recently enacted a statute preventing medical malpractice plaintiffs from introducing evidence in the form of doctor's statement of apology at trial. Critics of this measure claim that the law is designed to protect hospitals and insurance companies from liability in cases where a doctor has basically admitted fault and apologized to the victim of his malpractice.

Emotional Loss Damages Recovery for Rape Victims

The Illinois legislature has also recently enacted legislation that gives sexual assault and rape victims more time to file civil lawsuits against their perpetrator. More specifically, the law suspends the current two-year statute of limitations in the state of Illinois if the victim is threatened, intimidated or manipulated by the perpetrator or another person acting in the perpetrator's interest. Proponents of the law say that rape victims are too often abused, intimidated, or threatened into abandoning their legal rights against the perpetrator. This law will ensure that technicalities such as the statute of limitations will not reward perpetrators from avoiding civil liability for their actions.

"Fast-Food" Lawsuits Barred

Unlike the above laws which simply modified the rules in lawsuits in the personal injury field, this law effectively eliminated an entire category of suits available to plaintiffs. Effective January 1, 2008, this law prevents anyone from bringing a lawsuit based on a claim of injury resulting from the person's weight gain, obesity, or any health condition related to weight gain or obesity. Exceptions are made if the seller knowingly and willfully violated a federal or State statute applicable to the marketing, distribution, advertisement, labeling, or sale of the product.

The above laws represent changes made in only the past two years in Illinois. To varying degrees, each law impacts both personal injury plaintiffs and defendants' rights and liabilities in the state of Illinois. Some of these laws expand plaintiff's rights, some limit defendants' liabilities, and still others eliminate categories of personal injury actions altogether. In an era where citizens, politicians and industry groups continue to debate the merits of America's litigious culture, personal injury law in Illinois will undoubtedly continue its constant evolution in the years to come.

Times are certainly changing for Illinois personal injury attorneys and for people pursuing Illinois accident lawsuits. Even with a Democratic Governor and State House and Senate, the restrictions on people seeking compensation for injuries are getting stricter every day.

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Chicago Personal Injury Lawsuits

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Personal injury lawsuits are filed when an individual is injured from negligence or fault of another person. Usually, these kinds of lawsuits adhere to a similar outline throughout the country, but you would still find small differences in the personal injury laws in different states. Such lawsuits are meant to compensate the injured party and prevent any recurrence of the activities that brought about the injury in the first place.

Sometimes, personal injury lawsuits are also referred to as tort law. Personal injury lawsuits do not only consist of physical pain, but they also take account emotional and financial hardships. Some of the damages that you will be able to obtain are medical expenses, physical pain, lost wages, and disfigurement.

Negligence, strict liability, and intentional wrong are some of reasons for which the liability and damages in a personal injury lawsuit can be established and paid for. Even though great numbers of personal injury lawsuits are settled out of court, quite a few go to trial. Juries that review these cases are accountable for awarding the plaintiff with a monetary sum if they deem him or her entitled. Also, they come to a decision on the actual monetary sum that is to be paid out.

For most every personal injury lawsuit, people are required to find and hire a lawyer. In view of the fact that the nature of law can be exceptionally intricate, a personal injury lawyer will be best qualified to guide you in the course of the legal process. These lawyers have skill in personal injury cases and can provide you the information you need.

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A Philadelphia Lawyer Referral Service Lawyer Talks About Changing Phila Personal Injury Lawyers

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Frank called a while back and asked about firing his lawyer. He complained that his lawyer "wasn't doing anything". I frequently receive this kind of call, but rarely do I take the case. It is no pleasure generally to be the second lawyer in on a personal injury case. You must get it right the first time. Here's why I usually turn these cases down.

The most frequent reason is that the case isn't very strong, either in terms of liability, damages or both. In other words, it's a bad case. Lawyers, especially overworked lawyers, tend to neglect bad cases. So the first thing that pops into my head when I get a phone call complaining that a lawyer is neglecting a client is that there are major problems with the case.

The next most frequent problem is the client. Most clients are wonderful to work with. But some are unreasonable in their expectations, discourteous, overly demanding, etc. Lawyers tend to react badly to such clients. The lawyer may neglect the file simply because he dislikes the client. If I sense that the client is going to be impossible to satisfy, I am not going to take the case. Whenever I am approached by a client who wants me to take a case over, I consider this possibility.

Another issue is that I will have to pay the first lawyer out of my fee for the time he spent on the case. The case therefore needs to be quite strong on both liability and damages. If there's "not enough to go around", I may make a business judgment not to take the case. That leaves the client with an upset first lawyer and a case in legal limbo. And the client is left with little choice but to continue lawyer shopping. That's the risk you run when you pick the wrong lawyer.

Finally, especially if the first lawyer is not a PI specialist, the file may not have been well handled. Picking up the pieces is not always so easy. Some mistakes are irreparable.

Treat your selection of a personal injury lawyer the way you would any matter of importance in your life. It is crucial to make the right choice in selecting an attorney, the first time.

insurance companies react to a change in lawyers in various ways. They may view the switch as a sign that the case and/or the client is in trouble. This can result in increased reluctance to settle and a stepped up investigation into the merits of the case. On the other hand, the new lawyer may breathe needed energy into the case, causing the insurance company to seriously consider settlement.

The reputation of the new lawyer for ethics, credibility and dependability are key to the insurance company's reaction to a switch in lawyers. Whether you are choosing your first lawyer or pondering a switch, you must pick a lawyer you can trust. You have the right to competent, reliable representation and courteous treatment by a lawyer in whom you have confidence.

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A Philadelphia Lawyer Referral Service Lawyer Talks About Changing Phila Personal Injury Lawyers

Image : http://www.flickr.com

Frank called a while back and asked about firing his lawyer. He complained that his lawyer "wasn't doing anything". I frequently receive this kind of call, but rarely do I take the case. It is no pleasure generally to be the second lawyer in on a personal injury case. You must get it right the first time. Here's why I usually turn these cases down.

The most frequent reason is that the case isn't very strong, either in terms of liability, damages or both. In other words, it's a bad case. Lawyers, especially overworked lawyers, tend to neglect bad cases. So the first thing that pops into my head when I get a phone call complaining that a lawyer is neglecting a client is that there are major problems with the case.

The next most frequent problem is the client. Most clients are wonderful to work with. But some are unreasonable in their expectations, discourteous, overly demanding, etc. Lawyers tend to react badly to such clients. The lawyer may neglect the file simply because he dislikes the client. If I sense that the client is going to be impossible to satisfy, I am not going to take the case. Whenever I am approached by a client who wants me to take a case over, I consider this possibility.

Another issue is that I will have to pay the first lawyer out of my fee for the time he spent on the case. The case therefore needs to be quite strong on both liability and damages. If there's "not enough to go around", I may make a business judgment not to take the case. That leaves the client with an upset first lawyer and a case in legal limbo. And the client is left with little choice but to continue lawyer shopping. That's the risk you run when you pick the wrong lawyer.

Finally, especially if the first lawyer is not a PI specialist, the file may not have been well handled. Picking up the pieces is not always so easy. Some mistakes are irreparable.

Treat your selection of a personal injury lawyer the way you would any matter of importance in your life. It is crucial to make the right choice in selecting an attorney, the first time.

insurance companies react to a change in lawyers in various ways. They may view the switch as a sign that the case and/or the client is in trouble. This can result in increased reluctance to settle and a stepped up investigation into the merits of the case. On the other hand, the new lawyer may breathe needed energy into the case, causing the insurance company to seriously consider settlement.

The reputation of the new lawyer for ethics, credibility and dependability are key to the insurance company's reaction to a switch in lawyers. Whether you are choosing your first lawyer or pondering a switch, you must pick a lawyer you can trust. You have the right to competent, reliable representation and courteous treatment by a lawyer in whom you have confidence.

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Personal Injury Lawyers - How They Can Help You

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When you've been involved in an auto accident, or have been injured in some way, you may frequently be struck with a feeling of isolation. You do not understand who to ask for support, and this may leave you feeling very helpless. To make things worse, your automobile may well be a complete loss, you may well not be able to work, and you most likely have medical charges piling up. No vehicle, absence from your job and no funds coming in will rapidly cause even the most sane human being feel like they're going crazy.

If you discover yourself in this sort of situation, you must call a personal injury lawyer. Your attorney is able to be present for you when nobody else will, and he will battle to get you every dime you deserve to help pay for medical bills, vehicle repairs and any added charges you may well have incurred on account of your injuries.

It's a fine idea to have a personal injury attorney's info handy in case you ever require it. Needless to say no one thinks about that until they have in point of fact been harmed. However regardless of whether or not you have a attorney's number on speed dial, you should at all times think to contact an attorney as soon as you are harmed. If you wait, you may lose the chance to discover information that will help you win your suit. When you contact the attorney, advise him or her you have just been injured and you require some assistance. The lawyer will be able to lead you through every stage.

Nearly all personal injury attorneys also know medical personnel they will refer you to so that you will get a full medical exam. Should you have broken bones, these will have to be x-rayed. You need a full checkup from a doctor since you might not be aware of the extent of your accidental injuries for a while after the crash. This is because of the adrenaline pumping throughout your body that hides all the soreness you would ordinarily be aware of. Your lawyer's physician will evaluate your accidental injuries and will then be able to submit a statement that will be utilized as evidence in your case. At times, should the case goes to trial, the doctor may be called to the witness stand.

Frequently, a lawyer will refer you to a chiropractor every week or more often to be sure you're being taken care of. This is while he or she compiles and pores over the evidence so they can assemble a rock solid suit. Should the lawsuit be solid enough, the case might never see a court room. That is because insurance companies frequently like to settle; particularly should they feel as though they don't stand a chance of winning against you and your lawyer.

Employing a personal injury attorney isn't a thing you to do to become wealthy, although you will potentially secure a lot of money in a settlement, depending on the injuries you suffered through. However, the money you obtain may be utilized to pay off all that debt that is been piling up since your collision.

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Car Accidents are Common in Los Angeles--Good Personal Injury Lawyers Aren't

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Every year tens of thousands of California and Los Angeles vehicle drivers are involved in a car accident resulting in injuries to themselves or others. A high percentage of these accidents result in personal injuries. If you have suffered a personal injury you may be entitled to compensation for your injuries. Personal injury cases can become very complicated.

In all automobile accident cases it is essential that steps be taken immediately to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. Therefore, is important to choose an experienced personal injury attorney in pursuing a claim to recover for your personal injuries.

Traffic Accidents in Los Angeles and Orange County are the most common types of personal injury cases. Cases involving personal injury resulting from accidents are litigated under the principles of negligence, (link to negligence) unless the state has determined to do away with fault as an issue. The injured plaintiff is required to prove that someone was negligent, that the negligence caused the accident, and that the accident caused the plaintiff's injuries. In some cases your gut feeling may tell you that the other driver, cyclist, or pedestrian acted carelessly, but not what rules they violated.

Types of Car Accident Injuries

Side-impact injuries

A side-impact injury occurs as a result of another vehicle barreling into you from the side. It is the deadliest form of car accidents leaving 10,000 persons dead each year. In a head-on collision you are protected by several feet of steel, engine, and bumper. A side-impact accident leaves only a few inches of door and some window glass between you and the other vehicle.

Every vehicle on the road is required to pass the government implemented side-impact standards. Many people feel these standards are outdated. The government tests have been criticized for failing to test head standards in all vehicles. It uses a dummy representing an average size male that doesn't register head injuries, and its test only looks at what happens when similar size vehicles collide.I was a passenger involved in a car accident and I suffered injuries, can I get recovery for my personal-injury damages?

Passenger Injuries

If you were a passenger in a vehicle involved in an accident, and if you have sustained injury as a result, you are entitled to receive compensation for your injuries. As a passenger, you have a claim against both the driver of the vehicle in which you were riding as well as the drivers of any other vehicles (or any other negligent party) involved in the collision. As a passenger you generally cannot be considered to be at fault or partially at fault for causing an accident unless you do something to cause the accident such as distract the driver.

Paraplegia

Paraplegia is a type of paralysis which affects both the legs and the trunk. Persons affect by paraplegia have no movement in their legs, and are often limited or have no movement in their torso. Paraplegia results from spinal cord injury. (Link to Spinal Cord Injury) Many accident victims are paraplegic as a result of unsafe or defective vehicles.

Paraplegia interrupts sensory messages to the brain so that the affected individual cannot "feel" their affected body parts, and are generally insensitive to pain or heat. As a result, a victim's health and safety is jeopardized because of this inability to differentiate pain. Some victims have damaged nerves resulting in phantom pain and heat sensations. Paraplegia significantly impacts the patient's quality of life by affecting sexual drive, digestive capabilities, bladder control and shortened life expectancy.

Car accidents have often caused the major trauma (link to traumatic brain injury) that result in paraplegia. Vehicles such as SUV's are prone to roll over and do not have adequate roof structure. As a result, the roof crushes and caves in causing spinal cord injuries. Fortunately, there are steps to be taken to reduce such injuries including paraplegia. There are step that auto manufacturers should take to ensure that vehicles are safe and have the best airbags, seatbelts to prevent ejection, sound vehicle design and roof stability

Spinal Injuries

Although the spinal cord is only 18 inches long, and is made up of tiny, delicate nerve cells, a spinal cord injury (SCI) can be a traumatic and devastating injury resulting in a lifetime of pain, suffering and huge medical expenses. At the California Attorney Group, we know how devastating these injuries can be.

An SCI typically involves some type of trauma to the nerve cells that form the spinal cord. As the spinal cord carries messages from the brain to various parts of the body to control functions such as movement, breathing, speaking, and other critical body functions, an injury to the spinal cord disrupts this communication, leading to the impairment of the body's sensory, motor and involuntary reflex functions. Depending upon the nature and extent of the SCI, these disruptions can lead to two devastating conditions: paraplegia (paralysis of the lower portions of the body) or quadriplegia (paralysis of the upper and lower parts of the body).

The principal causes of SCI are automobile accidents [link to Car Accidents, slip and falls [link to Slip and Falls], acts of violence, sports-related injuries, injuries at work, and other incidents that cause injury or compression to the nerve cells of the spinal cord. Approximately 250,000 Americans currently suffer from some form of SCI, and there are about 11,000 new cases annually.

The costs related to SCI can be staggering. More than half of all spinal cord injuries result in quadriplegia, resulting in an average hospital stay of 95 days and approximately $140,000 in medical expenses. For individuals who sustain SCI at the age of 25, the average lifetime medical costs for quadriplegia is $1.35 million. And these figure does not take into account the physical and emotional suffering of the victims, the loss of wages and other income, and the financial and emotional burdens that SCI places on the victims' care givers, who are more often than not close family members of the victim.

Moreover, if you are in a car accident, you could have injuries such as Brain Injuries and Spinal Injuries. It is important for your attorney to understand the possibility of theses injuries and not overlook them. Many unscrupulous attorney's will push to settle their personal injury cases as quickly as possible to generate revenue for themselves. They will overlook symptoms such as simple headaches which could be an indication of a brain injury. {link to brain injury] A poorly timed or crafted settlement can leave you liable for thousands of dollars in medical bills. Our goal at California Attorney Group is to make you whole. This means our first goal is to assure the medical fitness of our clients and settlement of our cases second.

Brain Injuries

Most often brain injuries are caused by serious vehicle accidents, drastic falls, bus or train accidents, amongst other sever accidents. Every 15 seconds someone suffers a brain injury. The impact of a brain injury on someone's life can be devastating, but a brain injury attorney can help lessen the strain the brain injury has caused by recovering damages the brain injury patient is entitled to. Of all the injuries that an individual can suffer, brain related injuries are among the most frightening and the most deadly. At California Attorney Group, we can handle brain injury cases, and we know how traumatic they can be.

There are several different types of traumatic injuries that can damage the brain. A skull fracture occurs when the bone of the skull cracks or breaks. A depressed skull fracture occurs when pieces of the broken skull press into the tissue of the brain. This can cause bruising of the brain tissue, called a contusion. A contusion can also occur in response to shaking of the brain within the confines of the skull. Damage to a major blood vessel within the head can cause a hematoma, or heavy bleeding into or around the brain.

Traumatic Brain Injury

Traumatic brain injury, commonly referred to as TBI is sudden physical damage to the brain. The damage may be caused by the head forcefully hitting an object, such as hitting the wheel, window or dashboard of car (closed head injury) or by something passing through the skull and piercing the brain, such as a bullet or a knife (penetrating head injury). A closed head injury can also be experienced when the brain undergoes severe shaking or twisting, such as whiplash.

The common symptoms among adults are:

low-grade headaches or neck pain that won't go away

having more trouble than usual with mental tasks (e.g., remembering, concentrating, making decisions)

slowness in thinking, speaking, acting, or reading

getting lost or easily confused

feeling tired all the time, lacking energy or motivation

changes in sleeping patterns (sleeping a lot more or having a hard time sleeping) *

feeling light-headed or dizzy, losing your balance

increased sensitivity to sounds, light, or distractions

blurred vision, eyes that tire easily

loss of the sense of smell or taste

ringing in the ears

mood changes (e.g., feeling sad or angry for no reason)

Among children, the symptoms are:

listlessness or tiring easily

irritability or crankiness

changes in eating or sleeping patterns

changes in the way the child plays

changes in performance at school

lack of interest in favorite toys or activities

loss of new skills, such as toilet training

loss of balance, unsteady walking

Brain injuries can result from a number of different causes, with the leading causes being motor vehicle crashes, slips and falls, sports-related injuries strokes, anoxia, tumors, viral infections, degenerative diseases, near drowning, and other conditions not involving external force. Approximately 1 million Americans are treated and released from hospital emergency rooms each year as a result of TBI, and an estimated 5.3 million Americans are living today with some form of TBI-related disability.

Moreover, if you are in a car accident, you could have injuries such as Brain Injuries and Spinal Injuries. It is important for your attorney to understand the possibility of theses injuries and not overlook them. Many unscrupulous attorney's will push to settle their personal injury cases as quickly as possible to generate revenue for themselves. They will overlook symptoms such as simple headaches which could be an indication of a brain injury. A poorly timed or crafted settlement can leave you liable for thousands of dollars in medical bills. Our goal at California Attorney Group is to make you whole. This means our first goal is to assure the medical fitness of our clients and settlement of our cases second.

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Massachusetts Personal Injury Lawyers

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Personal injury refers to damages incurred by a person to people or property because of someone's negligence. The party causing the injury can be another person(s) or a company. People are injured due to several reasons: explosions, slips and falls, being hit by a vehicle, sexual assaults, use of defective products, fire injuries, wrongful death, bites from animals and any others. They can also arise out of mishandling or abuse by professionals such as doctors, nurses, nursing home staff, the police, or toxic torts, lack of proper security measures in the work place, frauds, birth injuries or false arrest.

There are several personal injury laws in Massachusetts like the Tort Law that give protection to people who have been injured for any reason. As per these laws, a person who has been victim to personal injury can claim compensation that generally covers medical bills, lost wages (including overtime), pain & suffering, physical disability, disfigurement, permanent scars, emotional trauma, mental anguish, loss of enjoyment, loss of love and affection, embarrassment, mental disability, property damage, and all out of pocket expenses (such as transportation charges, house cleaning and others). The Tort Law aims to provide compensation to victims; obligate the person who has caused the injury to pay punitive damages, legally; prevent the recurrence of similar injuries caused by negligence or reckless action; and defend the victim's legal rights.

For filing a suit against a person or a company on the charges of personal injury, the victim has to first prove that the person/company was responsible for the injury. The suit can be based on negligence, strict liability or intentional misconduct. A victim who is partly at fault for the injury can also file the suit under the concept of "comparative negligence" or "contributory negligence." Personal injury claims should be filed as soon as possible, because every state has statues of limitations that is the time allowed for cases to be reviewed. For instance, a malpractice suit in the state of Massachusetts has to be filed within three years.

Both parties coming to an agreement can also settle Massachusetts' personal injury cases out of court. And if this is not acceptable, they can go to court. In any case, a person filing a suit for personal injury needs the help of an experienced lawyer to win the. It is better to take the help of a lawyer who has expertise in personal injury cases. Most law firms have attorneys who have expertise in such cases. The Internet is a good source for finding more about Massachusetts' personal injury lawyers. Some law firms also have websites where the client can register and give a brief profile of the case for online/offline/phone consultation.

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Injury Lawyers Are Greedy, Say Insurance Companies

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You see it in newspapers, TV news reports and on-line press release websites, the same story regurgitated, dressed up in various themes but the message always consistent, "Personal Injury Lawyers are driving up the cost of insurance policies".

Its no secret that the insurance companies are behind these stories, carefully manipulating headlines and newspaper columns to help spread the word that 'Personal Injury Lawyers are all Ambulance Chasers.' There is a segment of lawyers that give the profession a black name and don't help with the reputation of injury lawyers. However, the majority of injury lawyers don't need to chase clients down, they don't take on claims that are unrealistic in getting a result just so they can charge the claimant (the person making the claim), they don't cold call and they don't turn up at hospital beds shoving contracts under a persons nose while they are still receiving their stitches.

Why would insurance companies want to hurt the credibility of personal injury lawyers in this way? The reason is simple - insurance companies pay out more in compensation cases to people making a claim that are represented by a personal injury lawyer than those without a lawyer.

That's right, they want the person who has been injured to make the claim themselves. By doing so they then can drive down the compensation paid out or worse use their own legal team to turn the claim on its head and nullify the claim completely.

Let's strip everything away and look at the bare facts here.

The perfect insurance company scenario ...

An individual is unfortunately hurt in an accident and the injured party makes a claim against the other party at fault who contact their insurance company.
The insurance company then contacts the claimant and advises them to make the claim themselves without involving any professional help such as an injury lawyer.
The claimant then accepts a rather reduced offer from the insurance company who have saved on litigation costs and also payment to the claimant.

The truth of the matter is that any claim those that are legally represented will receive more compensation for their injuries even after legal fees have been deducted than someone who goes it alone.

Is it any wonder then that insurance companies want individuals who have been hurt, through no fault of their own, to make a claim without legal backing.

So, next time you read the paper or hear about insurance companies complain personal injury lawyers and their involvement in compensation claims ask yourself the real motive behind their outcry.

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Illinois Personal Injury - Lawyers and Recent Developments

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Personal injury lawsuits in Illinois generally involve a person being physically or emotionally injured, or a person's property being damaged. Illinois personal injury law allows people to be compensated for damages due to another person's intentional actions, carelessness, negligence, or recklessness. Damages in Illinois personal injury cases may consist of payment for medical expenses, lost wages, pain and suffering and other losses. There is no magic formula as to what a case is worth and every case is different. In most cases the money paid out for a settlement comes from an insurance company. Over the past several years, the Illinois state legislature has passed several new laws that have had major effects on the rights and liabilities of both plaintiffs and defendants in personal injury actions.

Medical Malpractice Recovery Caps

Perhaps the most significant change in Illinois personal injury law over the past two years is the Illinois legislature's 2005 law setting a maximum amount of damages for "pain and suffering" recoverable in a medical malpractice case. Specifically, the law places a $500,000 limit on "pain and suffering" damages against Illinois doctors. The law also includes a $1 million limit on non-economic (i.e. punitive) damages against hospitals. Furthermore, it also contains provisions to prevent frivolous lawsuits, new disciplinary tools and public disclosure to weed out bad doctors, and more oversight and competition among the companies that provide malpractice insurance for doctors.

Similar laws have been enacted, or at least contemplated, throughout the country and evoke strong opinions on both sides. Victim's groups claim that the law will deny severely injured and/or disabled medical malpractice victims full compensation for their injuries. These groups further argue that the limits will frustrate the social benefits of medical malpractice lawsuits, which weed out incompetent doctors. On the other side of the debate are doctors and insurance companies who claim that frivolous medical malpractice lawsuits drive up insurance premiums which are then passed on to patients. This, they claim, drives doctors away from treating low-income patients or forces them to abandon their practice altogether.

"Good Samaritan" Protections

Effective in July 2006, the Illinois legislature recently added to the so-called "Good Samaritan" laws which protect individuals who provide emergency care to injured individuals from later lawsuits by those very same individuals. Specifically, the new section provides that a person who is currently certified in first aid by the American Red Cross or the American Heart Association and who in good faith provides first aid without fee to any person shall not, as a result of his or her acts or omissions, except willful and wanton misconduct on the part of the person in providing the aid, be liable to a person to whom such aid is provided for civil damages

Medical Malpractice Evidence

Although less significant (and less controversial) than the damages caps described above, two other recent Illinois laws have changed the type of evidence that is admissible in medical malpractice cases.

The first area of reform deals with standards for expert witnesses in medical malpractice cases. Such experts are almost always doctors themselves, and are often critical to the outcome of a case. The law specifically provides that in an action against a medical professional, a qualifying expert is one who: (1) is board certified or board eligible in the same or similar specialty as the defendant; (2) has devoted a majority of work time to the practice, teaching, or University based research in relation to the type of care or treatment at issue in the claim; (3) is licensed in the same profession with the same class of license as the defendant if the defendant is an individual; (4) in a case against a non-specialist, an expert shall demonstrate familiarity with the standard of care and shall provide evidence of active practice, teaching, or university research. If retired, an expert must provide evidence of completion of continuing education for three previous years. An individual must have actively practiced, taught, or engaged in university research, or any combination thereof, during the past five years to qualify as an expert witness.

Secondly, the Illinois legislature recently enacted a statute preventing medical malpractice plaintiffs from introducing evidence in the form of doctor's statement of apology at trial. Critics of this measure claim that the law is designed to protect hospitals and insurance companies from liability in cases where a doctor has basically admitted fault and apologized to the victim of his malpractice.

Emotional Loss Damages Recovery for Rape Victims

The Illinois legislature has also recently enacted legislation that gives sexual assault and rape victims more time to file civil lawsuits against their perpetrator. More specifically, the law suspends the current two-year statute of limitations in the state of Illinois if the victim is threatened, intimidated or manipulated by the perpetrator or another person acting in the perpetrator's interest. Proponents of the law say that rape victims are too often abused, intimidated, or threatened into abandoning their legal rights against the perpetrator. This law will ensure that technicalities such as the statute of limitations will not reward perpetrators from avoiding civil liability for their actions.

"Fast-Food" Lawsuits Barred

Unlike the above laws which simply modified the rules in lawsuits in the personal injury field, this law effectively eliminated an entire category of suits available to plaintiffs. Effective January 1, 2008, this law prevents anyone from bringing a lawsuit based on a claim of injury resulting from the person's weight gain, obesity, or any health condition related to weight gain or obesity. Exceptions are made if the seller knowingly and willfully violated a federal or State statute applicable to the marketing, distribution, advertisement, labeling, or sale of the product.

The above laws represent changes made in only the past two years in Illinois. To varying degrees, each law impacts both personal injury plaintiffs and defendants' rights and liabilities in the state of Illinois. Some of these laws expand plaintiff's rights, some limit defendants' liabilities, and still others eliminate categories of personal injury actions altogether. In an era where citizens, politicians and industry groups continue to debate the merits of America's litigious culture, personal injury law in Illinois will undoubtedly continue its constant evolution in the years to come.

Times are certainly changing for Illinois personal injury attorneys and for people pursuing Illinois accident lawsuits. Even with a Democratic Governor and State House and Senate, the restrictions on people seeking compensation for injuries are getting stricter every day.

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New York Personal Injury Lawyers

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Injury to a person that is caused by an automobile accident, accident at work or by someone else's negligence is a personal injury. In case of personal injury, it is obvious that the injured victim or his family would want compensation for the injury and the cost of medical bills. In a big place like New York, it becomes difficult to find a good lawyer who is devoted to the client's needs and taking care of the client's case in a caring, professional and responsible manner. The injured victim or his family can find a good lawyer in the Yellow Pages or an online directory, or contact the State Bar lawyer referral service.

Personal injury lawyers work on behalf of their clients, and help to get compensation for injuries that occurred due to someone else's negligence. Personal injury lawyers work with the client to build a lawsuit, cope with the insurance company and deal people on the client's behalf. In New York there are different types of personal injury lawyers for different kind of injury cases, just as there are different doctors for different diseases. Not all personal injury lawyers take on worker's compensation cases or accident injury cases; some lawyers mainly focus on spinal cord injury cases or brain injury cases, while others specialize in car accidents or construction accidents, for example.

All lawyers in New York are required to pass the bar exam, which includes multiple-choice questions and essay questions. On passing the bar exam, one must apply to the Appellate Court to seek entry to the bar and, after passing the interview with the Character and Fitness Committee, one can practice law in New York. Some of the prominent law firms for personal injury law in New York are Napoli Kaiser, Connors and Ferris, Schwartzapfel, Novick, Truhowsky and Marcus, and many more. All of these firms mainly handle personal injury cases.

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Car Accidents are Common in Los Angeles--Good Personal Injury Lawyers Aren't

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Every year tens of thousands of California and Los Angeles vehicle drivers are involved in a car accident resulting in injuries to themselves or others. A high percentage of these accidents result in personal injuries. If you have suffered a personal injury you may be entitled to compensation for your injuries. Personal injury cases can become very complicated.

In all automobile accident cases it is essential that steps be taken immediately to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. Therefore, is important to choose an experienced personal injury attorney in pursuing a claim to recover for your personal injuries.

Traffic Accidents in Los Angeles and Orange County are the most common types of personal injury cases. Cases involving personal injury resulting from accidents are litigated under the principles of negligence, (link to negligence) unless the state has determined to do away with fault as an issue. The injured plaintiff is required to prove that someone was negligent, that the negligence caused the accident, and that the accident caused the plaintiff's injuries. In some cases your gut feeling may tell you that the other driver, cyclist, or pedestrian acted carelessly, but not what rules they violated.

Types of Car Accident Injuries

Side-impact injuries

A side-impact injury occurs as a result of another vehicle barreling into you from the side. It is the deadliest form of car accidents leaving 10,000 persons dead each year. In a head-on collision you are protected by several feet of steel, engine, and bumper. A side-impact accident leaves only a few inches of door and some window glass between you and the other vehicle.

Every vehicle on the road is required to pass the government implemented side-impact standards. Many people feel these standards are outdated. The government tests have been criticized for failing to test head standards in all vehicles. It uses a dummy representing an average size male that doesn't register head injuries, and its test only looks at what happens when similar size vehicles collide.I was a passenger involved in a car accident and I suffered injuries, can I get recovery for my personal-injury damages?

Passenger Injuries

If you were a passenger in a vehicle involved in an accident, and if you have sustained injury as a result, you are entitled to receive compensation for your injuries. As a passenger, you have a claim against both the driver of the vehicle in which you were riding as well as the drivers of any other vehicles (or any other negligent party) involved in the collision. As a passenger you generally cannot be considered to be at fault or partially at fault for causing an accident unless you do something to cause the accident such as distract the driver.

Paraplegia

Paraplegia is a type of paralysis which affects both the legs and the trunk. Persons affect by paraplegia have no movement in their legs, and are often limited or have no movement in their torso. Paraplegia results from spinal cord injury. (Link to Spinal Cord Injury) Many accident victims are paraplegic as a result of unsafe or defective vehicles.

Paraplegia interrupts sensory messages to the brain so that the affected individual cannot "feel" their affected body parts, and are generally insensitive to pain or heat. As a result, a victim's health and safety is jeopardized because of this inability to differentiate pain. Some victims have damaged nerves resulting in phantom pain and heat sensations. Paraplegia significantly impacts the patient's quality of life by affecting sexual drive, digestive capabilities, bladder control and shortened life expectancy.

Car accidents have often caused the major trauma (link to traumatic brain injury) that result in paraplegia. Vehicles such as SUV's are prone to roll over and do not have adequate roof structure. As a result, the roof crushes and caves in causing spinal cord injuries. Fortunately, there are steps to be taken to reduce such injuries including paraplegia. There are step that auto manufacturers should take to ensure that vehicles are safe and have the best airbags, seatbelts to prevent ejection, sound vehicle design and roof stability

Spinal Injuries

Although the spinal cord is only 18 inches long, and is made up of tiny, delicate nerve cells, a spinal cord injury (SCI) can be a traumatic and devastating injury resulting in a lifetime of pain, suffering and huge medical expenses. At the California Attorney Group, we know how devastating these injuries can be.

An SCI typically involves some type of trauma to the nerve cells that form the spinal cord. As the spinal cord carries messages from the brain to various parts of the body to control functions such as movement, breathing, speaking, and other critical body functions, an injury to the spinal cord disrupts this communication, leading to the impairment of the body's sensory, motor and involuntary reflex functions. Depending upon the nature and extent of the SCI, these disruptions can lead to two devastating conditions: paraplegia (paralysis of the lower portions of the body) or quadriplegia (paralysis of the upper and lower parts of the body).

The principal causes of SCI are automobile accidents [link to Car Accidents, slip and falls [link to Slip and Falls], acts of violence, sports-related injuries, injuries at work, and other incidents that cause injury or compression to the nerve cells of the spinal cord. Approximately 250,000 Americans currently suffer from some form of SCI, and there are about 11,000 new cases annually.

The costs related to SCI can be staggering. More than half of all spinal cord injuries result in quadriplegia, resulting in an average hospital stay of 95 days and approximately $140,000 in medical expenses. For individuals who sustain SCI at the age of 25, the average lifetime medical costs for quadriplegia is $1.35 million. And these figure does not take into account the physical and emotional suffering of the victims, the loss of wages and other income, and the financial and emotional burdens that SCI places on the victims' care givers, who are more often than not close family members of the victim.

Moreover, if you are in a car accident, you could have injuries such as Brain Injuries and Spinal Injuries. It is important for your attorney to understand the possibility of theses injuries and not overlook them. Many unscrupulous attorney's will push to settle their personal injury cases as quickly as possible to generate revenue for themselves. They will overlook symptoms such as simple headaches which could be an indication of a brain injury. {link to brain injury] A poorly timed or crafted settlement can leave you liable for thousands of dollars in medical bills. Our goal at California Attorney Group is to make you whole. This means our first goal is to assure the medical fitness of our clients and settlement of our cases second.

Brain Injuries

Most often brain injuries are caused by serious vehicle accidents, drastic falls, bus or train accidents, amongst other sever accidents. Every 15 seconds someone suffers a brain injury. The impact of a brain injury on someone's life can be devastating, but a brain injury attorney can help lessen the strain the brain injury has caused by recovering damages the brain injury patient is entitled to. Of all the injuries that an individual can suffer, brain related injuries are among the most frightening and the most deadly. At California Attorney Group, we can handle brain injury cases, and we know how traumatic they can be.

There are several different types of traumatic injuries that can damage the brain. A skull fracture occurs when the bone of the skull cracks or breaks. A depressed skull fracture occurs when pieces of the broken skull press into the tissue of the brain. This can cause bruising of the brain tissue, called a contusion. A contusion can also occur in response to shaking of the brain within the confines of the skull. Damage to a major blood vessel within the head can cause a hematoma, or heavy bleeding into or around the brain.

Traumatic Brain Injury

Traumatic brain injury, commonly referred to as TBI is sudden physical damage to the brain. The damage may be caused by the head forcefully hitting an object, such as hitting the wheel, window or dashboard of car (closed head injury) or by something passing through the skull and piercing the brain, such as a bullet or a knife (penetrating head injury). A closed head injury can also be experienced when the brain undergoes severe shaking or twisting, such as whiplash.

The common symptoms among adults are:

low-grade headaches or neck pain that won't go away

having more trouble than usual with mental tasks (e.g., remembering, concentrating, making decisions)

slowness in thinking, speaking, acting, or reading

getting lost or easily confused

feeling tired all the time, lacking energy or motivation

changes in sleeping patterns (sleeping a lot more or having a hard time sleeping) *

feeling light-headed or dizzy, losing your balance

increased sensitivity to sounds, light, or distractions

blurred vision, eyes that tire easily

loss of the sense of smell or taste

ringing in the ears

mood changes (e.g., feeling sad or angry for no reason)

Among children, the symptoms are:

listlessness or tiring easily

irritability or crankiness

changes in eating or sleeping patterns

changes in the way the child plays

changes in performance at school

lack of interest in favorite toys or activities

loss of new skills, such as toilet training

loss of balance, unsteady walking

Brain injuries can result from a number of different causes, with the leading causes being motor vehicle crashes, slips and falls, sports-related injuries strokes, anoxia, tumors, viral infections, degenerative diseases, near drowning, and other conditions not involving external force. Approximately 1 million Americans are treated and released from hospital emergency rooms each year as a result of TBI, and an estimated 5.3 million Americans are living today with some form of TBI-related disability.

Moreover, if you are in a car accident, you could have injuries such as Brain Injuries and Spinal Injuries. It is important for your attorney to understand the possibility of theses injuries and not overlook them. Many unscrupulous attorney's will push to settle their personal injury cases as quickly as possible to generate revenue for themselves. They will overlook symptoms such as simple headaches which could be an indication of a brain injury. A poorly timed or crafted settlement can leave you liable for thousands of dollars in medical bills. Our goal at California Attorney Group is to make you whole. This means our first goal is to assure the medical fitness of our clients and settlement of our cases second.

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Massachusetts Personal Injury Lawyers

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Personal injury refers to damages incurred by a person to people or property because of someone's negligence. The party causing the injury can be another person(s) or a company. People are injured due to several reasons: explosions, slips and falls, being hit by a vehicle, sexual assaults, use of defective products, fire injuries, wrongful death, bites from animals and any others. They can also arise out of mishandling or abuse by professionals such as doctors, nurses, nursing home staff, the police, or toxic torts, lack of proper security measures in the work place, frauds, birth injuries or false arrest.

There are several personal injury laws in Massachusetts like the Tort Law that give protection to people who have been injured for any reason. As per these laws, a person who has been victim to personal injury can claim compensation that generally covers medical bills, lost wages (including overtime), pain & suffering, physical disability, disfigurement, permanent scars, emotional trauma, mental anguish, loss of enjoyment, loss of love and affection, embarrassment, mental disability, property damage, and all out of pocket expenses (such as transportation charges, house cleaning and others). The Tort Law aims to provide compensation to victims; obligate the person who has caused the injury to pay punitive damages, legally; prevent the recurrence of similar injuries caused by negligence or reckless action; and defend the victim's legal rights.

For filing a suit against a person or a company on the charges of personal injury, the victim has to first prove that the person/company was responsible for the injury. The suit can be based on negligence, strict liability or intentional misconduct. A victim who is partly at fault for the injury can also file the suit under the concept of "comparative negligence" or "contributory negligence." Personal injury claims should be filed as soon as possible, because every state has statues of limitations that is the time allowed for cases to be reviewed. For instance, a malpractice suit in the state of Massachusetts has to be filed within three years.

Both parties coming to an agreement can also settle Massachusetts' personal injury cases out of court. And if this is not acceptable, they can go to court. In any case, a person filing a suit for personal injury needs the help of an experienced lawyer to win the. It is better to take the help of a lawyer who has expertise in personal injury cases. Most law firms have attorneys who have expertise in such cases. The Internet is a good source for finding more about Massachusetts' personal injury lawyers. Some law firms also have websites where the client can register and give a brief profile of the case for online/offline/phone consultation.

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A Guide to the Different Types of Personal Injury Lawyers

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The world we live in is based around control and risk assessments. Whatever happens there is always someone to blame and to hold responsible. When something goes wrong there is always someone that has to pay for the mistake, sometimes even if he was not directly responsible, and could not have foreseen the situation. This blame culture has been created thanks to the fear of being hold legally accountable, or being sued, for a mistake or problem. That is why it is so important to understand the basic facts about Personal Injury Lawyer In Philadelphia or whichever city you live in.

This short article will look into the basics of this branch of law so we can be better prepared to either face it or use it to our benefit. We will be looking at three basic questions: what requirements must a personal injury lawyer fill? What kind of qualifications must he or she have? And, what kinds of injury lawyers exist, and which should you choose?

This short article will look into three main aspects of this profession. First we will look into the requirements they must have, second the qualifications they must pass, and finally the types that exist.

Plaintiff lawyers, another name that is used to describe them, must meet high professional and ethical standards. The professional standards include providing a good service to their clients. They must be able to analyze a case, identify the legal issues that bind it, and carry out the necessary research to build a good case for his client. Ethical responsibilities include secrecy, privacy, and loyalty to the client's best interests.

They must all pass a set of exams and tests. Obviously they need a law degree, then they must pass the state bar examination. After that, some states require further examinations. A popular one is the Multi-state bar examination, which is often taken in tandem with a Professional responsibility examination.

There are a wide variety of branches of this type of law practice. They generally center on providing attention to specific types of personal damage like medical malpractice, workplace injury, wrongful death, etc.

This variety of fields of expertise makes it very important to do your research and find a lawyer that is proficient in the specific lawsuit you are planning to present. If you are looking for a Personal Injury Lawyer in Philadelphia you must spend some time finding about his record, qualifications and success rate. However, there are probably going to be other issues you need to think about, like how expensive he or she is, and how payments must be made. Sometimes lawyers will work for a percentage of the compensation the client receives from the defendant.

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Illinois Personal Injury - Lawyers and Recent Developments

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Personal injury lawsuits in Illinois generally involve a person being physically or emotionally injured, or a person's property being damaged. Illinois personal injury law allows people to be compensated for damages due to another person's intentional actions, carelessness, negligence, or recklessness. Damages in Illinois personal injury cases may consist of payment for medical expenses, lost wages, pain and suffering and other losses. There is no magic formula as to what a case is worth and every case is different. In most cases the money paid out for a settlement comes from an insurance company. Over the past several years, the Illinois state legislature has passed several new laws that have had major effects on the rights and liabilities of both plaintiffs and defendants in personal injury actions.

Medical Malpractice Recovery Caps

Perhaps the most significant change in Illinois personal injury law over the past two years is the Illinois legislature's 2005 law setting a maximum amount of damages for "pain and suffering" recoverable in a medical malpractice case. Specifically, the law places a $500,000 limit on "pain and suffering" damages against Illinois doctors. The law also includes a $1 million limit on non-economic (i.e. punitive) damages against hospitals. Furthermore, it also contains provisions to prevent frivolous lawsuits, new disciplinary tools and public disclosure to weed out bad doctors, and more oversight and competition among the companies that provide malpractice insurance for doctors.

Similar laws have been enacted, or at least contemplated, throughout the country and evoke strong opinions on both sides. Victim's groups claim that the law will deny severely injured and/or disabled medical malpractice victims full compensation for their injuries. These groups further argue that the limits will frustrate the social benefits of medical malpractice lawsuits, which weed out incompetent doctors. On the other side of the debate are doctors and insurance companies who claim that frivolous medical malpractice lawsuits drive up insurance premiums which are then passed on to patients. This, they claim, drives doctors away from treating low-income patients or forces them to abandon their practice altogether.

"Good Samaritan" Protections

Effective in July 2006, the Illinois legislature recently added to the so-called "Good Samaritan" laws which protect individuals who provide emergency care to injured individuals from later lawsuits by those very same individuals. Specifically, the new section provides that a person who is currently certified in first aid by the American Red Cross or the American Heart Association and who in good faith provides first aid without fee to any person shall not, as a result of his or her acts or omissions, except willful and wanton misconduct on the part of the person in providing the aid, be liable to a person to whom such aid is provided for civil damages

Medical Malpractice Evidence

Although less significant (and less controversial) than the damages caps described above, two other recent Illinois laws have changed the type of evidence that is admissible in medical malpractice cases.

The first area of reform deals with standards for expert witnesses in medical malpractice cases. Such experts are almost always doctors themselves, and are often critical to the outcome of a case. The law specifically provides that in an action against a medical professional, a qualifying expert is one who: (1) is board certified or board eligible in the same or similar specialty as the defendant; (2) has devoted a majority of work time to the practice, teaching, or University based research in relation to the type of care or treatment at issue in the claim; (3) is licensed in the same profession with the same class of license as the defendant if the defendant is an individual; (4) in a case against a non-specialist, an expert shall demonstrate familiarity with the standard of care and shall provide evidence of active practice, teaching, or university research. If retired, an expert must provide evidence of completion of continuing education for three previous years. An individual must have actively practiced, taught, or engaged in university research, or any combination thereof, during the past five years to qualify as an expert witness.

Secondly, the Illinois legislature recently enacted a statute preventing medical malpractice plaintiffs from introducing evidence in the form of doctor's statement of apology at trial. Critics of this measure claim that the law is designed to protect hospitals and insurance companies from liability in cases where a doctor has basically admitted fault and apologized to the victim of his malpractice.

Emotional Loss Damages Recovery for Rape Victims

The Illinois legislature has also recently enacted legislation that gives sexual assault and rape victims more time to file civil lawsuits against their perpetrator. More specifically, the law suspends the current two-year statute of limitations in the state of Illinois if the victim is threatened, intimidated or manipulated by the perpetrator or another person acting in the perpetrator's interest. Proponents of the law say that rape victims are too often abused, intimidated, or threatened into abandoning their legal rights against the perpetrator. This law will ensure that technicalities such as the statute of limitations will not reward perpetrators from avoiding civil liability for their actions.

"Fast-Food" Lawsuits Barred

Unlike the above laws which simply modified the rules in lawsuits in the personal injury field, this law effectively eliminated an entire category of suits available to plaintiffs. Effective January 1, 2008, this law prevents anyone from bringing a lawsuit based on a claim of injury resulting from the person's weight gain, obesity, or any health condition related to weight gain or obesity. Exceptions are made if the seller knowingly and willfully violated a federal or State statute applicable to the marketing, distribution, advertisement, labeling, or sale of the product.

The above laws represent changes made in only the past two years in Illinois. To varying degrees, each law impacts both personal injury plaintiffs and defendants' rights and liabilities in the state of Illinois. Some of these laws expand plaintiff's rights, some limit defendants' liabilities, and still others eliminate categories of personal injury actions altogether. In an era where citizens, politicians and industry groups continue to debate the merits of America's litigious culture, personal injury law in Illinois will undoubtedly continue its constant evolution in the years to come.

Times are certainly changing for Illinois personal injury attorneys and for people pursuing Illinois accident lawsuits. Even with a Democratic Governor and State House and Senate, the restrictions on people seeking compensation for injuries are getting stricter every day.

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New York Personal Injury Lawyers

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Injury to a person that is caused by an automobile accident, accident at work or by someone else's negligence is a personal injury. In case of personal injury, it is obvious that the injured victim or his family would want compensation for the injury and the cost of medical bills. In a big place like New York, it becomes difficult to find a good lawyer who is devoted to the client's needs and taking care of the client's case in a caring, professional and responsible manner. The injured victim or his family can find a good lawyer in the Yellow Pages or an online directory, or contact the State Bar lawyer referral service.

Personal injury lawyers work on behalf of their clients, and help to get compensation for injuries that occurred due to someone else's negligence. Personal injury lawyers work with the client to build a lawsuit, cope with the insurance company and deal people on the client's behalf. In New York there are different types of personal injury lawyers for different kind of injury cases, just as there are different doctors for different diseases. Not all personal injury lawyers take on worker's compensation cases or accident injury cases; some lawyers mainly focus on spinal cord injury cases or brain injury cases, while others specialize in car accidents or construction accidents, for example.

All lawyers in New York are required to pass the bar exam, which includes multiple-choice questions and essay questions. On passing the bar exam, one must apply to the Appellate Court to seek entry to the bar and, after passing the interview with the Character and Fitness Committee, one can practice law in New York. Some of the prominent law firms for personal injury law in New York are Napoli Kaiser, Connors and Ferris, Schwartzapfel, Novick, Truhowsky and Marcus, and many more. All of these firms mainly handle personal injury cases.

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Car Accidents are Common in Los Angeles--Good Personal Injury Lawyers Aren't

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Every year tens of thousands of California and Los Angeles vehicle drivers are involved in a car accident resulting in injuries to themselves or others. A high percentage of these accidents result in personal injuries. If you have suffered a personal injury you may be entitled to compensation for your injuries. Personal injury cases can become very complicated.

In all automobile accident cases it is essential that steps be taken immediately to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. Therefore, is important to choose an experienced personal injury attorney in pursuing a claim to recover for your personal injuries.

Traffic Accidents in Los Angeles and Orange County are the most common types of personal injury cases. Cases involving personal injury resulting from accidents are litigated under the principles of negligence, (link to negligence) unless the state has determined to do away with fault as an issue. The injured plaintiff is required to prove that someone was negligent, that the negligence caused the accident, and that the accident caused the plaintiff's injuries. In some cases your gut feeling may tell you that the other driver, cyclist, or pedestrian acted carelessly, but not what rules they violated.

Types of Car Accident Injuries

Side-impact injuries

A side-impact injury occurs as a result of another vehicle barreling into you from the side. It is the deadliest form of car accidents leaving 10,000 persons dead each year. In a head-on collision you are protected by several feet of steel, engine, and bumper. A side-impact accident leaves only a few inches of door and some window glass between you and the other vehicle.

Every vehicle on the road is required to pass the government implemented side-impact standards. Many people feel these standards are outdated. The government tests have been criticized for failing to test head standards in all vehicles. It uses a dummy representing an average size male that doesn't register head injuries, and its test only looks at what happens when similar size vehicles collide.I was a passenger involved in a car accident and I suffered injuries, can I get recovery for my personal-injury damages?

Passenger Injuries

If you were a passenger in a vehicle involved in an accident, and if you have sustained injury as a result, you are entitled to receive compensation for your injuries. As a passenger, you have a claim against both the driver of the vehicle in which you were riding as well as the drivers of any other vehicles (or any other negligent party) involved in the collision. As a passenger you generally cannot be considered to be at fault or partially at fault for causing an accident unless you do something to cause the accident such as distract the driver.

Paraplegia

Paraplegia is a type of paralysis which affects both the legs and the trunk. Persons affect by paraplegia have no movement in their legs, and are often limited or have no movement in their torso. Paraplegia results from spinal cord injury. (Link to Spinal Cord Injury) Many accident victims are paraplegic as a result of unsafe or defective vehicles.

Paraplegia interrupts sensory messages to the brain so that the affected individual cannot "feel" their affected body parts, and are generally insensitive to pain or heat. As a result, a victim's health and safety is jeopardized because of this inability to differentiate pain. Some victims have damaged nerves resulting in phantom pain and heat sensations. Paraplegia significantly impacts the patient's quality of life by affecting sexual drive, digestive capabilities, bladder control and shortened life expectancy.

Car accidents have often caused the major trauma (link to traumatic brain injury) that result in paraplegia. Vehicles such as SUV's are prone to roll over and do not have adequate roof structure. As a result, the roof crushes and caves in causing spinal cord injuries. Fortunately, there are steps to be taken to reduce such injuries including paraplegia. There are step that auto manufacturers should take to ensure that vehicles are safe and have the best airbags, seatbelts to prevent ejection, sound vehicle design and roof stability

Spinal Injuries

Although the spinal cord is only 18 inches long, and is made up of tiny, delicate nerve cells, a spinal cord injury (SCI) can be a traumatic and devastating injury resulting in a lifetime of pain, suffering and huge medical expenses. At the California Attorney Group, we know how devastating these injuries can be.

An SCI typically involves some type of trauma to the nerve cells that form the spinal cord. As the spinal cord carries messages from the brain to various parts of the body to control functions such as movement, breathing, speaking, and other critical body functions, an injury to the spinal cord disrupts this communication, leading to the impairment of the body's sensory, motor and involuntary reflex functions. Depending upon the nature and extent of the SCI, these disruptions can lead to two devastating conditions: paraplegia (paralysis of the lower portions of the body) or quadriplegia (paralysis of the upper and lower parts of the body).

The principal causes of SCI are automobile accidents [link to Car Accidents, slip and falls [link to Slip and Falls], acts of violence, sports-related injuries, injuries at work, and other incidents that cause injury or compression to the nerve cells of the spinal cord. Approximately 250,000 Americans currently suffer from some form of SCI, and there are about 11,000 new cases annually.

The costs related to SCI can be staggering. More than half of all spinal cord injuries result in quadriplegia, resulting in an average hospital stay of 95 days and approximately $140,000 in medical expenses. For individuals who sustain SCI at the age of 25, the average lifetime medical costs for quadriplegia is $1.35 million. And these figure does not take into account the physical and emotional suffering of the victims, the loss of wages and other income, and the financial and emotional burdens that SCI places on the victims' care givers, who are more often than not close family members of the victim.

Moreover, if you are in a car accident, you could have injuries such as Brain Injuries and Spinal Injuries. It is important for your attorney to understand the possibility of theses injuries and not overlook them. Many unscrupulous attorney's will push to settle their personal injury cases as quickly as possible to generate revenue for themselves. They will overlook symptoms such as simple headaches which could be an indication of a brain injury. {link to brain injury] A poorly timed or crafted settlement can leave you liable for thousands of dollars in medical bills. Our goal at California Attorney Group is to make you whole. This means our first goal is to assure the medical fitness of our clients and settlement of our cases second.

Brain Injuries

Most often brain injuries are caused by serious vehicle accidents, drastic falls, bus or train accidents, amongst other sever accidents. Every 15 seconds someone suffers a brain injury. The impact of a brain injury on someone's life can be devastating, but a brain injury attorney can help lessen the strain the brain injury has caused by recovering damages the brain injury patient is entitled to. Of all the injuries that an individual can suffer, brain related injuries are among the most frightening and the most deadly. At California Attorney Group, we can handle brain injury cases, and we know how traumatic they can be.

There are several different types of traumatic injuries that can damage the brain. A skull fracture occurs when the bone of the skull cracks or breaks. A depressed skull fracture occurs when pieces of the broken skull press into the tissue of the brain. This can cause bruising of the brain tissue, called a contusion. A contusion can also occur in response to shaking of the brain within the confines of the skull. Damage to a major blood vessel within the head can cause a hematoma, or heavy bleeding into or around the brain.

Traumatic Brain Injury

Traumatic brain injury, commonly referred to as TBI is sudden physical damage to the brain. The damage may be caused by the head forcefully hitting an object, such as hitting the wheel, window or dashboard of car (closed head injury) or by something passing through the skull and piercing the brain, such as a bullet or a knife (penetrating head injury). A closed head injury can also be experienced when the brain undergoes severe shaking or twisting, such as whiplash.

The common symptoms among adults are:

low-grade headaches or neck pain that won't go away

having more trouble than usual with mental tasks (e.g., remembering, concentrating, making decisions)

slowness in thinking, speaking, acting, or reading

getting lost or easily confused

feeling tired all the time, lacking energy or motivation

changes in sleeping patterns (sleeping a lot more or having a hard time sleeping) *

feeling light-headed or dizzy, losing your balance

increased sensitivity to sounds, light, or distractions

blurred vision, eyes that tire easily

loss of the sense of smell or taste

ringing in the ears

mood changes (e.g., feeling sad or angry for no reason)

Among children, the symptoms are:

listlessness or tiring easily

irritability or crankiness

changes in eating or sleeping patterns

changes in the way the child plays

changes in performance at school

lack of interest in favorite toys or activities

loss of new skills, such as toilet training

loss of balance, unsteady walking

Brain injuries can result from a number of different causes, with the leading causes being motor vehicle crashes, slips and falls, sports-related injuries strokes, anoxia, tumors, viral infections, degenerative diseases, near drowning, and other conditions not involving external force. Approximately 1 million Americans are treated and released from hospital emergency rooms each year as a result of TBI, and an estimated 5.3 million Americans are living today with some form of TBI-related disability.

Moreover, if you are in a car accident, you could have injuries such as Brain Injuries and Spinal Injuries. It is important for your attorney to understand the possibility of theses injuries and not overlook them. Many unscrupulous attorney's will push to settle their personal injury cases as quickly as possible to generate revenue for themselves. They will overlook symptoms such as simple headaches which could be an indication of a brain injury. A poorly timed or crafted settlement can leave you liable for thousands of dollars in medical bills. Our goal at California Attorney Group is to make you whole. This means our first goal is to assure the medical fitness of our clients and settlement of our cases second.

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Michigan Personal Injury Lawyers: A Guide

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Personal injuries caused by the negligent or careless act of others can often yield serious results. Personal injuries, if grave, can lead to serious physical disabilities, loss or damage of properties, and even death. In such circumstances, the victims depend upon the financial compensation awarded for the sufferings and the injuries. You might represent yourself and get compensated with some amount, but most often in grave situations, a personal injury lawyer is the best representative to help you in claiming well-deserved compensation not only for physical sufferings, but also for the emotional traumas.

With so many lawyers out there, it is not easy to find a lawyer who can suit your needs and guide you in the best direction. A lawyer with specialization and a proven track record in the field of personal injury cases and successful negotiations is the one who can help you to receive fair compensation. An experienced and expert personal injury lawyer can accurately assess the merits of a case, approximate its monetary value, and determine the best strategy for presenting the case.

Every state has its own laws and rules, and only the local and experienced lawyers are completely aware of the all rules and regulations; accordingly they can best present your case. It's in your best interest to go for a well-experienced lawyer from the state where you have suffered injuries and where you are planning to file the litigation. For example, if you suffered personal injury in Michigan, the best course of action would be to look for a good local lawyer; only a personal injury lawyer in Michigan can provide you with the guidance and legal counsel to safeguard your rights and interests in case of injury in that state. As per the contingency plan of the state, you need to pay to the lawyer only when you have received your reimbursement. In Michigan, a personal lawyer takes care of all the requirements, right from the documentation to finding the best possible solution for securing the deserved compensation for you.

It is, therefore, important to choose a well-known and expert personal injury lawyer. You can get a list of personal lawyers in Michigan from Internet lawyer referral services or the yellow pages or from your friends, colleagues, and relatives.

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Injury Lawyers Are Greedy, Say Insurance Companies

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You see it in newspapers, TV news reports and on-line press release websites, the same story regurgitated, dressed up in various themes but the message always consistent, "Personal Injury Lawyers are driving up the cost of insurance policies".

Its no secret that the insurance companies are behind these stories, carefully manipulating headlines and newspaper columns to help spread the word that 'Personal Injury Lawyers are all Ambulance Chasers.' There is a segment of lawyers that give the profession a black name and don't help with the reputation of injury lawyers. However, the majority of injury lawyers don't need to chase clients down, they don't take on claims that are unrealistic in getting a result just so they can charge the claimant (the person making the claim), they don't cold call and they don't turn up at hospital beds shoving contracts under a persons nose while they are still receiving their stitches.

Why would insurance companies want to hurt the credibility of personal injury lawyers in this way? The reason is simple - insurance companies pay out more in compensation cases to people making a claim that are represented by a personal injury lawyer than those without a lawyer.

That's right, they want the person who has been injured to make the claim themselves. By doing so they then can drive down the compensation paid out or worse use their own legal team to turn the claim on its head and nullify the claim completely.

Let's strip everything away and look at the bare facts here.

The perfect insurance company scenario ...

An individual is unfortunately hurt in an accident and the injured party makes a claim against the other party at fault who contact their insurance company.
The insurance company then contacts the claimant and advises them to make the claim themselves without involving any professional help such as an injury lawyer.
The claimant then accepts a rather reduced offer from the insurance company who have saved on litigation costs and also payment to the claimant.

The truth of the matter is that any claim those that are legally represented will receive more compensation for their injuries even after legal fees have been deducted than someone who goes it alone.

Is it any wonder then that insurance companies want individuals who have been hurt, through no fault of their own, to make a claim without legal backing.

So, next time you read the paper or hear about insurance companies complain personal injury lawyers and their involvement in compensation claims ask yourself the real motive behind their outcry.

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