How to Win a Personal Injury Claim

 

A personal injury case is a type of lawsuit filed to someone who has caused damage, injury and inconvenience due to negligence or an intentional purpose of inflicting harm or injury.

The term personal injury encompasses many different kinds of cases ranging from car accidents, medical malpractice, slip and fall cases and many others in which one was injured because someone else was at fault.

It will be a long, gruesome and forceful personal injury claims process which will take a lot of your time and resources. Every victim or complainant will do all they can to win the personal injury case.

Below are suggested action plans on how to win personal injury case:

Make sure to document the accident

• The documentation should suffice as evidence that the defendant has full responsibility and grounds for covering any cost and liabilities on the personal injury case. The documentation will feature your evidences of what the defendant did and what was the injury you suffered as a result.
• The documentation will highlight the things that occurred prior, during and after the accident. Writing the detailed timelines when it is fresh in your mind will ensure that you would not miss out on critical details which are vital on the personal injury lawsuit cases.
• Take all circumstances into account. Indicate the time of the day you were injured, including the weather or climate, and who were the primary accomplices and present during the time of the incident.
• Another important update is to write down the reaction or behavior of the defendant after the injury or incident. Was he able to apologize or admit fault? Did the person shoulder the medical expenses? While not all of these statements may be admitted at trial, they could be used for a settlement negotiation.

Secure and find witnesses

• If you are still able to move or observe the actual place where the injury occurred, look for people nearby who may have been able to see what transpired in the event. Moreover, if you are with a friend, relative or family member at the time of the injury, ask them to look for anyone who may have witnessed the actual incident or they themselves may have been able to see the injury. Most personal injury cases won were due to sufficient people testifying the injury which make it easier for the complainant to be successful with the case.
• After locating witnesses, ask them if they would be willing to make a brief statement about what they saw. Request for a written statement and do not forget to get the contact information of the witnesses which includes their full name, address and telephone numbers.
• If your case does go to trial, witness testimony will be critical to establishing your case. Third party witnesses are often trusted by jurors because they are not invested in the outcome of the case.

Secure pictures and photographs of the site of injury

• To strengthen your personal injury claim process, try to get pictures of the area where you were injured as soon as possible. Photos are very vital if the area where you fell or where the injury was inflicted was dangerous on its own. An example of personal injury complaint occurred in a missing railing on a stairway.
• A photograph should also be secured in a place of dangerous condition before any remediation or opportunity that the property can do to fix the place. If you can’t get out to the scene of the accident, ask a friend or family member to go.
• When taking pictures of the scene, be sure to take every angle as much as possible. It may be useful to photograph the area as it was when you were injured. For example, if you were injured at night, then take photographs of the scene at night.

Photograph your injuries

• Don’t forget to take pictures of the injuries you have incurred, your body and physical condition. Lawsuits can take months, if not years, to get to trial. By that point, your injury could look much different, or not be physically visible.
• Your physical condition and injuries will appear more dramatic soon after the accident. If one will be able to secure photographs, this can make a strong impression on the jury which can be the link to the formula for personal injury settlements.

Go see a doctor as soon as possible

• Even if your injuries aren't severe, you should still see a doctor. Some injuries will not be immediately visible, but your doctor will know what to look for. Your doctor's visit will also create useful medical documentation. In particular, your doctor will help establish causation that the defendant’s actions caused your injury.
• When choosing a doctor, you should choose a traditional M.D. and stay away from alternative medical practitioners and chiropractors.
• Ensure to ask for copies of records, diagnoses, and any reports to support your claim.

Follow your doctor’s treatment

• Make sure to always follow your doctor’s prescribed treatment. If the doctor orders bed rest, stay in bed.
• You can rest assured that the defendant will find out what treatment you were prescribed and will try to find evidence that you have not been following.

Keep track of the status of the case by securing a diary

• Please jot down how you are feeling every day. Note your mood, energy level, and ability to sleep. Doctors often will ignore this information, so you will want to create your own record to use as evidence at trial.
• This could be done on a notebook, laptop or smart phones.

Post Source Here: How to Win a Personal Injury Claim

How to Sue for Personal Injury

Accidents often happen the very least that you expect it to occur and at times like these victims are left unprepared and unsure of how to proceed.

Most people will experience an injury of some sort or other forms of hurt and damage at some point in their lives.

Not all injuries give rise to a certain legal claim, some are brought about due to age, genetics or by an accident which is unavoidable.

However, when another person, entity or organization is legally at fault for the incident that led to an injury, depending on the grounds, you may have a legal claim on it. When this occurs to you or someone you know, a lot of uncertainty will be faced and immediate but calculated decisions should be done promptly.

Other than seeking medical attention for damages incurred, one must also seek assistance for a qualified, experienced legal representation and a walk through on the personal injury lawsuit process.

Certain considerations should be established prior to getting a legal guidance from an expert on personal injury law:

• What areas of law does the attorney or the personal injury expert specialize in?

  • Be sure that the lawyer you would be getting has an extensive background in personal injury law and knows a lot of personal injury case examples that they can refer to

• Has the attorney taken similar cases in the past, how many and what was the result?

  • Determine the batting average of the attorney based on the past cases he or she has handled as this would most likely dictate the outcome of your personal injury case. Though past performance is no guarantee of future results, but at least you will have a better feeling for what has been possible for this particular attorney of firm.

• Will other lawyers be handling the case?

  • We often times see certain attorneys or lawyers in Ads and TV but in reality, different junior attorneys or staff people will be taking over the case. It is important to pinpoint a specific personal injury lawyers to ensure consistency of who to contact with and pass on relevant information.

• How frequent does the attorney go to trial?

• Can the lawyer provide references from past clients or partners?

  • Previous client references can provide a good indicator of whether previous clients were satisfied with the attorney's performance and can be a source of information about the results obtained, time frame, and what else you can expect from your attorney.

Prior to suing personal injury car accident or other personal injury cases, one usually need to prove that the person you are making a claim against was really negligent.

This means that they have breached a legal duty owed to you and that certain breach led to the actual accident which in turn resulted to the injury or damages. As a victim or a plaintiff, you must also be able to prove that you have really suffered actual damages as a result of the injury.

All of these actions are placed under the burden of the one making a claim and by all means necessary he or she must be able to prove to the court and the jury that everything being presented should be true regarding the cause and the extent of the injuries and the defendant’s liabilities.

Evidences necessary to prove the claim should all be prepared and documented other than the personal injury pain and suffering that the incident has caused. These will include the following:

• A detailed police report documenting the circumstances and cause of the actual accident
• An incident report requested from the store, business establishment, restaurant where the slip and fall or other personal injury case has occurred
• Eyewitnesses’ statements attesting the details of when, where and how the injury occurred
• Possible availability of pictures or photographs from the accident scene and any evidences that might help document or prove the cause and the circumstances of the injury
• Documents and records of all medical treatment associated with the injury. These include emergency services, hospital visits, physician’s prescriptions and medical certificates, physical therapists and chiropractors.
• Documentations of time missed at work and records showing typical income to support a lost wage claim
• Testimony from a doctor or medical expert regarding the cause of the injury incurred. The doctor or medical practitioner should be able to highlight that the damage was inflicted by an actual accident whether car, office or negligent caused incident and not due to health or age related cause.

How long can you wait to file a lawsuit?

If you have plans on filing a suit against an individual or another entity, that is not a government or an agency, there is actually no set time limit in which you’ll have to notify the person your intent to file a claim.

However, this doesn’t mean that you should take your time with the matter, acting efficiently and promptly in the case would increase your chances of resolving and getting your claim faster than if you are delay.

Settling and arranging for a personal injury claim can exhaust much of your time and effort and if you fail to file the claim in a timely manner, this may lead to failure to receive the appropriate compensation.

There are laws on the books called "statutes of limitations" that give the maximum time you have to bring certain types of lawsuits. If this time period passes you up, you may be barred from ever bringing suit to recover for your injuries.

Unlike filing a claim against an individual or a company, if you need to file a claim against the government or a government agency or employee, you have a limited amount of time in which you must file a claim.

Depending upon your type of case and the state you live in, this time period usually ranges between 30 days and one year.

See More Here: How to Sue for Personal Injury

What is a Personal Injury Claim?

Statistics show that over three million people are injured in accidents every year. Accidents happen either at home, in the office in their cars or outdoors and in many cases, another person is at fault and the victims or the plaintiffs in legal terms would have the right to ask for compensation.

Personal injury laws and the procedure in getting a claim can be very tedious and worry some especially for those who have less knowledge and experience in handling these cases.

It is best to ensure you have injury lawyers who you can trust and would go about helping you as a victim to overcome the stress and the injuries from the physical aspect, to the emotional and mental turmoil.

With the assistance of a personal injury attorney and personal injury solicitor, the process of making a claim can be quite straightforward. Many of which offers a free initial consultation and will be able to tell you upfront if you have a justifiable claim.

He or she may also be on your side representing the victim in the dealings with insurance companies to ensure that all angles of claiming compensation and beneficiaries’ receiving are fully considered.

The Process for Filing an Injury Claim

The first step on how a solicitor or an attorney injury personal would do is to send a claim letter to the person/people or the company you are holding responsible for the accident who is the defendant in this matter.

The letter will contain the details of the injury incurred and what has transpired over the course of the accident or situation.

Examples of personal injury cases involves the following:

• Car accidents including accidents with large trucks, motorcycles or pedestrians
• Consumer product liability cases including defective or ineffective products, medications and recalled products which caused harm to the actual consumer or user of the product
• Injuries caused by animals like dog bites
• Injuries involving ultra-hazardous activities like the use of explosives or chemicals
• Slip and fall injuries and other premises liability cases
• In medical malpractice cases and other cases involving professionals, the defendant is held to the same duty of care as a reasonable member of his or her profession.
• Injuries to reputation inflicted by defamation or injuries to the mental and emotional health caused by intentional wreckage of emotional distress or caused by a physical injury

The defendant would need to reply or send a response to the letter within a fixed period which is by injury law is not more than three months and in many of the cases would be shorter than the mentioned time frame.

The response should be able to highlight the defendant’s say whether they accept or deny any liabilities for the said injury. If they will be accepting the liability, the solicitor or the personal injury lawyer will do his or her best to settle the matter out of the court.

As a person of knowledge and experience, the personal injury attorney will tell you what their expert value of the injury claim is.

The injury lawyer may also ask how much the compensation you’re prepared to accept and whether you want to make an offer to settle for that amount, also known as Part 36 offer.

The solicitor will tell you as the victim or the plaintiff whether you should make a Part 36 offer and how this will impact or affect you.

If in any case the defendant will respond reasonably to this offer and an exact figure and terms is agreed, then the matter can be settled without the need to go to the court.

In certain situations, the defendant may also respond with their own Part 36 offer, if this occurs, the injury lawyer will advise you of what to do.

When filing a personal injury lawsuit, the following are needed by your personal injury attorneys prior to processing the injury claim:

• The date when the accident, where and how it transpired
• The contact details of any witnesses you may have recovered or advised about
• The specific details of the injuries, medical diagnosis and other treatment received
• The specifics of the information whether you are a member of the trade union, or you have legal expenses covered by insurance policies since this may entitle you to a free or reduced cost legal representation

Other details needed as part of the personal injury laws and rules will be:

• Proof of any loss of earnings and other financial expenses as an aftermath of the injury
• Supporting documents relating to any insurance policies you have to check whether these will cover the legal costs of the claim
• Supporting evidences that can be used to defend and assist the claim which will include documents before the accident or previous accidents in similar circumstances

It is important that despite of the mishap and inconveniences as a victim would incur, figuring out who to contact, establishing the relevance of identifying who is at fault and taking the best early steps to take to help with the case proper should be fortified.

We know for a fact that it is really difficult to move and prepare all documents needed given the damage it has done physically and mentally, it is still best to get support from loved ones, relatives and friends who would be your personal guide, runner, person to do the calling and interviewing, moral support and source to be readily available when the unfortunate incident occurs.

If all else fails and the matter would be taken to court, the injury lawyer would be your legal representation for the case and would be your needed guidance as you move with the legal undertaking.

Article Source Here: What is a Personal Injury Claim?

What Is Personal Injury Law?

Personal injury law refers to the legal remedies and actions involving civil lawsuits brought about as a result of a wrong doing or misconduct. It involves two parties mainly the injured person who is the plaintiff and the one being sued who is the defendant.

A personal injury lawsuit claims that the defendant caused the plaintiff’s injury and demands compensation in the form of money payment which is called damages.

All injury law firm should be equipped which such knowledge of the personal injury law so that they may be able to be of service to plaintiffs or injured parties regardless whether it is against an individual or a whole business or corporation.

Accident and injury attorneys are very particular of the personal injury law which covers situations in which a person’s body or physiological, mind or mental and emotions are hurt r inflicted usually due to another person’s or entity’s negligence or carelessness.

Most of the personal injury cases handled by personal injury lawyers are anchored on the doctrine of negligence.

In essence, negligence requires every person to act responsibly and avoid putting other lives in danger or jeopardy. Though the principle recognizes that some accidents are really unavoidable.

The plaintiff should have sufficient grounds to establish that there really has been negligence or carelessness in the part of the defendant. In order to gain confidence towards the case, the plaintiff should be able to prove the following things in court:

• The defendant/s had a duty of care or a responsibility toward the plaintiff
• The defendant/s breached that duty or failed to uphold that responsibility towards the plaintiff
• The defendant/s breach caused the plaintiff’s danger or injuries, and
• The plaintiff has indeed suffered damages or injuries as a result

Once negligence has been established, the defendant or the one being sued should be prepared to pay the plaintiff with the damages or injuries caused by the defendant’s wrong doing or action.

Plaintiffs may seek assistance from an injury law firm to speed up the process, act as legal mitigation between the two parties or may represent either both sides during legal hearings and sessions. Personal injury law also includes include wrongful death, or situations where an injury proves fatal.

Common personal injury cases handled by top personal injury attorneys includes the following:

 

• Car accidents including accidents with large trucks, motorcycles or pedestrians
• Consumer product liability cases including defective or ineffective products, medications and recalled products which caused harm to the actual consumer or user of the product
• Injuries caused by animals like dog bites
• Injuries involving ultra-hazardous activities like the use of explosives or chemicals
• Slip and fall injuries and other premises liability cases
• In medical malpractice cases and other cases involving professionals, the defendant is held to the same duty of care as a reasonable member of his or her profession.
• Injuries to reputation inflicted by defamation or injuries to the mental and emotional health caused by intentional wreckage of emotional distress or caused by a physical injury

Personal injury law zooms in on the injuries caused to individual people although property damage may be involved such as when a car accident damages a car or an automobile along with the actual driver.

The main recipient of the damages should be concentrated to the injured person first before the damaged property which should be the second in the prioritization matrix.

Once a plaintiff gains full coverage of the case through the best personal injury lawyer, the jury or the judge must be able to calculate the amount of money that would compensate the plaintiff.

Compensation includes both things with specific dollar amounts which covers medical bills and lost wages and things that are harder to take for granted like pain and suffering. Under rules like comparative negligence and contributory negligence, the plaintiff might receive reduced damages or no damages at all if he was partly responsible for his own injury.

The best personal injury law firms on the other end of the story should also be prepared to counter the defendant’s means to protect him or herself from full or no liability towards the case filed. He or she may raise affirmative defences which are arguments that will clear the defendant on the case liability. It involves comparative and contributory negligence that state the plaintiff is partly responsible for the injury incurred.

It highlights assumed risk and incurred risk which argue that the plaintiff has considerable amount of knowledge that he might be injured in this way if he or she decides to do something. The court will also verify when the injury was incurred prior to the plaintiff filing the case. If the plaintiff waits too long, the case may be dismissed.

There are cases as well that do not end in the trial session or court; instead these are settled off court by attorney personal injury experts through mediation or arbitration. Both the plaintiff and the defendant opted to work out the issue and decide on an amicable settlement which is an amount that the defendant will pay to compensate the plaintiff which could work advantageous on both parties instead of going through the difficult cycle of pre court activities.

Those personal injury cases that do go to trial may be heard by a jury or by the judge sitting alone. The jury or judge listens to both sides of the case and decides whether and how much each party is liable. The jury or judge also calculates the damages, or the amount of money a plaintiff should receive from each defendant for his injury.

 

See More Here: What Is Personal Injury Law?

All About The City of Milwaukee

Milwaukee is the largest city in the state of Wisconsin and has been considered the fifth biggest city in the Midwestern United States. Milwaukee has a population of 594,833 according to the 2010 census, with a total area of 96.80 square miles, of which, 96.12 square miles is land and only 0.68 square miles is water.

The city lies along the seaboards and hillsides of Lake Michigan at the convergence of three rivers: the Menomonee, the Kinnickinnic and the Milwaukee.

Smaller joints such as the Root river and Lincoln Creek also flows through the city.

Majority of the city is covered by Milwaukee County, 99.89% of the area. The other two counties are the Washington County, bordered by the southeast corner of Germantow and the other one is the Waukesha County surrounded by the southeast corner of Menomonee Falls.

Due to Milwaukee’s proximity to Lake Michigan, a convection current forms in the midafternoon in light wind, resulting in what they commonly call the lake breeze generally present in the months of March and July.

The city being situated in the Great Lakes Region often has rapidly changing weather which produces humid continental climate with cold, windy, snowy winters and warm humid summers. It is the month of July which is the warmest whereas January is recorded the coldest one. The city of Milwaukee has the second coldest average in a yearly basis after Minneapolis-St. Paul.

Milwaukee’s early settlers saw the city as a perfect spot for ports, city center for collecting and distributing products. During the mid-19th century, most workers were wheat farmers.

The city was even considered the second ranked wheat growing state in the country and Milwaukee was responsible for shipping wheat than in any place in the world. The Menomonee Valley has historically been the source of manufacturing, shipping and other heavy industry.

The Germans brought and set up breweries when they arrived in Milwaukee on 1850s. Milwaukeeans enjoyed consuming varieties of beers produced within the city. Pioneer historian, James Buck recorded 138 pubs and bars in the city as early as 1843.

Other well know breweries include the Miller Brewery, the Pabst Brewery complex and the latest and one of the biggest breweries which is MillerCoors.

Three Milwaukee-area companies are also situated in the city and were recipients of the Wisconsin Manufacturer of the Year in 2007 namely Astronautics Corporation of America, major supplier of government and commercial avionics, and Brady Corporation, a publicly owned manufacturer of signs, labels and security products. The other recipient would be Wisconsin Plating works focusing on metal finishing services. Multinational companies Johnson Controls, Rockwell Automation, Harley-Davidson ad Joy Global are also situated in Milwaukee and are included in the Fortune 500 best companies.

There are a lot of best places to visit in Milwaukee which attracts residents and tourists to Lake Michigan for sailing, touring along Milwaukee riverwalk map, windsurfing, kitesurfing ad cultural festivals.

Commonly called as the City of Festivals, Milwaukee is known for various cultural events which take place throughout the summer at the famous Henry Maier Festival Park on the lake.

Other marketing labels of the city include A Genuine American City and A great Place on a Great Lake. The Milwaukee Art Museum is the city’s most visually prominent cultural attraction with its $100 million wing designed by Santiago Calatrava.

The museum has a moving sunscreen structure that unfolds similar to that of a bird’s wing and is called brise soleil. Grohmann Museum at Milwaukee School of Engineering boats the most comprehensive art collection dedicated to the evolution of human work.

Milwaukee County is also known for its well-developed Parks of Milwaukee. The Grand Necklace of Parks designed by Frederick Law Olmsted who also designed the New York’s Central Park, River Park and West Park.

Infrastructure wise, Milwaukee has a solid process and system which benefits all residents. The city has several health systems in place where hospital facilities such as Froedtert Hospital, Children’s Hospital of Wisconsin, Aurora Sinai Medical Center and Wisconsin Heart Hospital are built within the city and counties.

Milwaukee also has two airports operating which includes General Mitchell International Airport (KMKE) on the southern edge of the city, and the smaller Timmerman Field (KMWC) on the north side.

There are approximately 90 cities being served 24 by 7 or direct from Mitchell International. It is the largest airport in Wisconsin and the 34th largest in the nation. Commuter transits and freeways are also built to speed up commerce in the region as well as bringing convenience and comfort to every commuter in Milwaukee.

The city has a mayor-council form of government dedicated on a democratic stronghold for more than a century at the federal structure.

Originally Posted Here: All About The City of Milwaukee

Tips on Tax Court Trials

Receiving a letter from the Internal Revenue Service that says you owe them tens of thousands of dollars in back taxes can be daunting. You are angry and frustrated, because you know that you don't owe the money, and have the records to prove it. In this situation, you may wish to consider taking your case to tax court.

Know What to Expect

Tax court differs from a criminal trial in two key ways: First, according to the Investopedia website, in tax court there is no jury--you will be standing before a judge. Second, the IRS does not have to prove its case against you beyond a reasonable doubt--it only has to prove its case by the preponderance of the evidence.

Come Prepared

As the defendant, the burden of proof that the IRS's case against you is wrong lies on you. That means you should come to court ready to prove your case. The Lawyers.com website recommends you come with tax receipts, bank statements, and tax schedules. These should date as far back as possible.
Also, the website points out that you should research the other party's case against you. Understand the IRS's point of view, and why it feels that you owe the agency the money it says you owe it.
According to the Investopedia website, not only should you have all that information, prepare an "opening statement, testimony, evidences, witnesses, and a closing statement." The more prepared you appear to the judge, or to the lawyer for the IRS, the more likely you are to win your case, or at least a settlement.

Hire an Attorney

According to the Lawyers.com website, hiring a lawyer will increase the odds of winning your case against the IRS. In spite of how prepared you may be, you only have a 12 percent chance of winning your case without professional representation. With an attorney, you increase your odds to 20 percent.
If you choose the attorney option, make sure to carefully outline the facts of your case to him. You usually have six months between the time you file for your day in court until the court decides to hear your case, to prepare it. Be sure that in that half a year, you discuss costs with him. You should iron out issues such as costs, possible discounts, or whether you will be charged a fee whether or not you win.

Original article published at: Tips on Tax Court Trials