Personal Injury Lawsuits – The Benefits of Settling Out Of Court-- Gennady Litvin of Litvin Law Firm

Personal Injury Lawsuits – The Benefits of Settling Out Of Court

In the event of an accident and suffering injuries, due to the carelessness of another person, you have the right to file a personal injury lawsuit. However, this type of lawsuit is usually settled before the case even reaches trial. This is because settling out of court provides numerous benefits over taking it to court. To understand more about these benefits, continue reading.

Settling is Less Expensive than Trials

Typically, in any case, the plaintiff (injured person) will have to go through a contingency fee arrangement with his/her attorney. Among the most common arrangements are that the attorney will receive 40% of any amount received after trial, or 33% in a pre-trial settlement.

If the case reaches the court, the defendant will need to hire an attorney and would have to pay an hourly rate, and judging by the fact personal injury lawsuits are time-intensive, you will have to pay a lot of money to your lawyer, compared to settling. Therefore, settling is a better and feasible option. The earlier a case settles, the less you have to pay.

It is Less Stressful

Although many trials don’t last for more than three or four days, the process can get extremely stressful for you or anyone else involved. Both parties will be interrogated in court and will have to answer questions publicly. Therefore, settling a case out of court is a better option as you do not have to experience any pressure. The defendant will agree to pay financial compensation for the damages caused or injuries you sustained. Thus, the matter will need not be disclosed publicly and will be concluded in a peaceful and less stressful manner.

It is a Faster Process

Trials are often delayed and do not commence until a year after the initial personal injury claim is filed. Even if you do win at trial, the defendant may prolong the case by filing an appeal. Therefore, it could take years for you to receive appropriate financial compensation for your injuries or damages, sometimes even longer. However, with a settlement, both parties know accurately how much money will exchange hands and after reaching an agreement on the settlement they can put the matter behind them and never look back again.

Settlements are Private

In court, unless the judge reviews and orders for the records to be sealed, which is rare, all details of your personal injury case will be available publicly. Therefore, all the evidence, witness testimonies and everything both parties gathered, will be available to every person. However, by settling a personal injury case without going to trial, both parties are in control of what remains public and what remains private.

Looking at the benefits mentioned above, there is no doubt that settling a personal injury case out of court is a much better and feasible option. However, even settling outside court can be a complicated process, which is why it is advised to contact Litvin Law Firm and get in touch with Gennady Litvin, a professional lawyer who specializes in personal injury cases.

Personal Injury Lawsuits – How To Prove Fault?-- Gennady Litvin of Litvin Law Firm

Personal Injury Lawsuits – How To Prove Fault?

One of the most important factors of filing a personal injury lawsuit is to have appropriate information, which proves the injuries you sustained were due to the negligence of another person. However, many people sometimes fail to prove fault in a personal injury lawsuit and are unable to receive financial compensation for their injuries. So, here are a few steps you can follow to prove fault in a personal injury lawsuit. 

Negligence

If you have made your decision to file a personal injury lawsuit, gather any or all evidence related to your injury, including a police report, if one was filed. Other evidence can include photographs of the scene of the accident and your injury, or documents, medical reports, which could prove your injuries led to lost income.

After gathering appropriate information, it is important you contact a professional personal injury lawyer. This is because lawyers are well aware of the process and will guide you throughout, and will ensure you receive appropriate financial compensation for the injuries sustained. Since determining the party at fault requires a lot of digging and investigation, much of the process is carried out by your lawyer.

If you have followed the steps above and gathered all information from first, proving fault will surely not be a problem. However, if you do not have enough evidence, you can discuss and review with your lawyer and use negligence to prove fault. To hold a party liable for your personal injury, here are a few legal elements of negligence which must be proven in court:

Duty

Proving a legal duty owed to the plaintiff by the defendant is an important factor in proving fault in any successful personal injury claim. For example, all vehicle drivers owe other motorists on the road a duty of care.

Breach

The plaintiff must provide evidence or find witnesses to prove the defendant breached a legal duty, which then caused the accident.

Causation

One of the main factors of filing an injury lawsuit is to prove the defendant is responsible for your injuries. For example, if the defendant’s car is damaged similar to the way your car is damaged, causation cannot be denied.

Damages

The plaintiff must provide evidence of the damages or injuries sustained, such as medical reports or bills, or anything else which could prove your injuries led to lost income.

If you are unable to prove negligence, you can still prove fault through establishing an intentional conduct, or by showing the claim is subject to a ‘Strict Liability’ on the basis of any proof.

So, now that you are familiar with these steps, proving fault in a personal injury case won’t be a problem. However, filing a personal injury lawsuit is a complicated process and requires the assistance of a professional law firm, such as the Litvin Law Firm, or a professional lawyer who specializes in personal injury cases, such as Gennady Litvin.

What Are The Types Of Personal Injury Cases?-- Gennady Litvin of Litvin Law Firm

What Are The Types Of Personal Injury Cases?

A personal injury lawsuit allows you to obtain a financial settlement for the damage or injuries suffered in the event of an accident due to the negligence of another party. However, the circumstances vary from case to case. So, to help you determine your rights in a personal injury lawsuit, here are a few of the most common types of personal injury cases:

Workplace Accidents

If you have suffered physical injuries, illnesses, or some psychological or stress related injuries which is work-related, you have the right to file a personal injury lawsuit. In this type of lawsuit, you will be entitled to receive ‘workers’ compensation benefits’. These benefits include compensation for medical bills, permanent disability benefits, temporary disability benefits, and death benefits.

Medical Malpractice

You have the right to file a personal injury lawsuit if you have been suffering physically or mentally while receiving medical care due to the negligence or mistake of a professional doctor. Victims of medical malpractice are entitled to receive compensation for their medical bills and can receive continued care from another professional doctor.

Slip and Fall Accidents

You can file a lawsuit even if you have been in a slip and fall accident. These accidents occur in a variety of settings. The most common slip and fall accidents are caused due to the negligence of a property owner who knew that there was dangerous or slippery material underfoot his/her property, but did nothing about it.

Defective Product Injuries

If you have been suffering mentally or physically due to the use of a defective medicine or product, you have the right to file a lawsuit. There are many types of defective product injuries cases. These include strict product liability, negligence, breach of warranty, and fraud. In each of these cases, you will receive full compensation for any damages caused to your health, family, and even property, and you have the right to sue the manufacturer.

Car Accidents

If you have been in a car accident due to the negligence of another driver and have sustained injuries, you have the right to file a personal injury case against him/her. Generally, in a car accident case the defendant will have to pay for the damages to your car and for your medical bills, prescription drugs, and lost wages due to not being able to work.

Other Types of Personal Injury Cases

Other types of personal injury cases include animal and dog bite cases, wrongful death cases, construction accidents, claims against the government, recreational and sports accidents, chemical and toxic accidents, assault, battery and other intentional torts, defamation claims, and many more. If you have sustained any injuries, or damages to your property or assets due to any of the reasons mentioned above, you have the right to claim personal injury compensation.

To help you in your personal injury lawsuit and to guide you through the whole process, you can contact Litvin Law Firm, and discuss your situation with Gennady Litvin a professional lawyer, who specializes in personal injury cases.

Personal Injury Lawsuits – How To Determine The Value Of a Case?-- Gennady Litvin of Litvin Law Firm

Personal Injury Lawsuits – How To Determine The Value Of a Case?

Determining the value of a case is perhaps one of the most difficult tasks when filing a personal injury lawsuit. This is because figuring how to assign a dollar value to the injuries you have sustained is complicated. However, to make sure you get appropriate financial compensation for your injuries, here are a few steps you can follow:

Nature and Extent of Your Injuries

To determine the value of a case and receive appropriate financial compensation you will first have to figure out the nature and extent of your injuries. Many insurance companies connect different types of injuries with different levels of pain, but sometimes it is almost impossible to figure out the extent and level of pain you are suffering. Therefore, here are some categories of injuries which will help you determine the value of your case.

"Hard" Injuries vs. “Soft” Tissue Injuries

Injuries can be divided into two main categories: soft tissue injuries and hard tissue injuries. Soft tissue injuries are those which are valued by the description of discomfort as described by the patient and hard injuries are those in which an injury can be detected through medical examination. To understand more about these injuries, continue reading.

Soft Tissue Injuries

Injuries, such as strained or sprained ankles, knees, neck, or back, can be described as soft tissue injuries. This is because they only involve soft connective tissues and muscles. These injuries are regarded as less serious as compared to hard injuries. Insurance companies usually assign a financial compensation by multiplying the amount of injuries sustained. However, the compensation is lower when compared to hard injuries as soft tissues are usually referred to as non-permanent injuries.

Hard Injuries

Hard injuries usually result in higher payouts when compared to soft tissue injuries. The value of your claim for compensation goes up as soon as you describe your injury as something other than a sprain or strain. Hard injuries can be divided into many categories that include broken bones, head injuries, wounds, cuts, spinal disk or vertebrae injuries, cartilage tears, ligament injuries, dislocations, and separations. Likewise, any other injury requiring intrusive examination by a doctor, from stitching a wound to arthroscopic examination of a joint, to setting a bone, increases the value of your case.

Damages

Since there are many types of personal injury lawsuits, not only can you claim financial compensation of your injuries, but also claim compensation for any damages caused to your car or property. For example, if you have been in a car accident due to the negligence of another driver and you have suffered injuries and your car has been totaled, you can claim compensation for your injuries as well as for the damages caused to your vehicle.

If you can determine the nature and extent of your injuries, you can determine the value of your personal injury case. However, the whole personal injury lawsuit process is stressful and confusing. So, the best option for you is to contact a professional law firm, such as Litvin Law Firm, and hire Gennady Litvin a professional lawyer who specializes in personal injury cases. This way, you can ensure you get your due rights and receive appropriate financial compensation for your injuries.

Personal Injury Lawsuits – When Do Settlement Discussions Begin?-- Gennady Litvin of Litvin Law Firm

Personal Injury Lawsuits – When Do Settlement Discussions Begin?

If you have been injured in an accident due to the negligence or carelessness of another person, you have the rights to claim personal injury compensation. This type of claim covers a range of incidents and allows you to obtain a financial settlement that covers the costs of your injuries. However, only a few of these personal injury lawsuits reach the court as a majority of lawsuits are settled before trial. Continue reading to learn about when settlement discussions, actually begin.

Settlement Discussions

Settlement discussions only begin after the defense attorneys review your case and complete their pre-trail investigation. This investigation includes depositions and interrogations. Insurance companies hardly ever interfere during the whole process, as they avoid engaging in serious settlement negotiations if they do not have all the information and facts they require to make a decision. 

In more intricate cases, defense attorneys will not carry out discussions on settlement until and unless your lawyer (plaintiff’s lawyer) has identified witnesses for the case. This is because defense attorneys consider it appropriate to wait and see if the plaintiff’s lawyer has done any digging which is required to make the case stronger and ready for trial.

In some cases, defense attorneys may file a motion for summary judgment. This motion is carried out to dismiss the lawsuit. In these cases, the defendant’s lawyer will not engage in any settlement discussion until the court rules the decision on the motion. If granted, the case is over and will be dismissed. However, if the court refuses the motion, matters get serious and a decision will have to be made on the settlement.

In other cases, defense attorneys may agree to start serious settlement discussions while the court is still in the process of considering the motion for summary judgment. Every case is different in settlement negotiations. Mainly the defense attorney and the insurance company hold all the cards for discussing a settlement. If they do not begin serious settlement discussions, the plaintiff’s attorney and the plaintiff will get nowhere receiving any settlement.

In small cases, especially in which the lawyers are friends or know each other, they may just talk over the phone and discuss an appropriate settlement. However, in more complex and larger cases, clients and their lawyers will have to attend mediation in which both parties will have to reach a settlement, one way or the other.

Why Hire a Professional Personal Injury Attorney?

Professional attorneys are well aware of the whole lawsuit process and will guide you throughout. These attorneys will also make sure you receive appropriate financial compensation for your injuries, as they are experienced in what they do, and don’t appear too eager to talk settlement in front of the defense attorney. This way the ball is always in their court and they only settle if the defense attorney makes an appropriate offer.

As you can see, things can get complicated when settlement discussion begin. So, the best option is to contact a professional law firm, such as Litvin Law Firm, and hire Gennady Litvin, a professional lawyer who specializes in personal injury cases. This way you can ensure you get your dues and receive appropriate financial compensation for your injuries.