Personal Injury Attorneys and Legal Rights of Victims

PERSONAL INJURY LEGAL TEAM OF ATTORNEYS

We are dedicated to helping people who have been hurt or injured due to the negligence of others and those who have been wronged obtain justice. Our successful and respected team of personal injury attorneys represent more than 30 years of experience in difficult lawsuits and negotiating full and fair compensation for all kinds of personal injury cases involving but not limited to, auto accidents, construction accidents, electrical shock incidents, slip and falls, wrongful death accidents, general negligence cases, product liability and special negligence cases.


Legal Rights of a Personal Injury Victim in Case they are Not a Resident of Florida
 
You will definitely have legal rights to a financial recovery, but that would depend on the nature of your crash and the specifics and facts of your accident. Whether you are in an auto accident   down the street from your residence or a few miles away from your home, you should still be covered by your insurance policy. Most policies extend across the country to cover drivers even when they are in out-of-town accidents.
In order to know what your legal rights are after a car crash, you should review your accident and ask yourself some hard-hitting questions. Did your own negligence or distraction cause the accident? Was another driver at fault for the crash? If you were responsible for the accident, it is more than likely that you won’t have a claim against the other driver and his/her insurance company. But your own car insurance coverage will cover your damages and medical bills. If the other driver was at fault, you should have the same legal rights to compensation as Florida residents have. You can pursue a personal injury claim to make a financial recovery for your medical bills, loss of income, pain and suffering and other damages.
Regardless of who is a fault in the crash, it is important that you tend to your medical needs immediately, even while you’re visiting from out-of-town. If you fail to obtain medical attention, the insurance company will question the validity of your claim and will attempt to settle for a lower amount.

Defective Car Tire – Who is At Fault?
 
A tire blow-out while driving your car can be scary, especially if there are no visible signs as to why it happened. The tire may be in a bad condition, mangled or shredded with no other signs, which will make you believe that it was defective.

In worst cases, a tire blow out can make a vehicle lose control and cause serious injuries or even death to those in the car as well as others on the road. If the defective tire is the cause of the blow-out, it is important that you contact a personal injury lawyer who has the essential experience in handling defective tire cases and other car accident injury claims.

Have your tire inspected by a professional who can find out if the tire was defective. An inspection will ensure you are better equipped to pursue a claim.

If you find out your tire was defective after the inspection, a skilled personal injury attorney such as Mark Schiffrin P.A. will help you recover damages from the tire manufacturer, retailer or dealer who sold you the tire. Damages may include financial compensation if you were injured, loss of income, medical fees and more.

Choosing a Lawyer for Your Personal Injury Case
 
It can be a mind-boggling experience to try and choose the right lawyer for your case. In order to know if you are choosing the right person to handle your claim, the lawyer you speak to must meet with a series of questions. Asking questions will help you learn more about the lawyer and be able to determine if you think they’re suitable to deal with your case.

Questions you may ask your lawyer:
•    Do you currently handle cases which are like mine?
•    Which verdicts or settlements have you obtained in similar cases?
•    Are you representing me or passing on the case to someone else?
•    Since when have you been practicing personal injury law in Broward County?
•    Please describe your background in detail?
•    What is your experience as a trial attorney?
•    Will my case settle or go to trial?
•    Will you obtain my medical records from doctors/meds?
•    Do you visit the accident scene?
•    Do you take assistance from investigators and medical experts?
•    How much are the fees you charge? Do you accept cases on a contingency basis?
•    Who is my point of contact and how often will I hear from your law firm?

There are various questions you may ask a lawyer to find out how long he has been practicing law, if he has the experience to deal with your claim, the expertise you are seeking and if you are comfortable with him.

Time it takes to achieve a Successful Outcome for a Personal Injury Case
 
It really depends because a personal injury case for one person will not be the same for another person. There are many factors involved such as extent of injuries, disabilities and if a doctor has released you from medical care. If someone has been severely injured in a car accident, their case might take longer than someone with minor injuries.

Once an experienced South Florida accident attorney reviews your case and the particulars, speaks to your doctors, evaluates and studies medical records, he/she will be able to determine the length of how long your personal injury case should typically last.

Types of Personal Injury Claims that can be brought against an individual or entity include:
•    Road traffic accidents
•    Tripping accidents
•    Assault claims
•    Accidents at work
•    Accidents at home
•    Product defect accidents
•    Holiday accidents

Contact us for a free consultation today!
You can also chat with us online @ www.schiffrinpa.com  or additionally, can call us at 954-961-2082.
You can also email us at schiffrinlaw@bellsouth.net for more information or to discuss your case further.

What Should I Expect after Hiring a Fort Lauderdale PI Lawyer?

After you hire an experienced lawyer in Fort Lauderdale, you need to focus on lawyer communication, competence, ethics, fees and many other things!

Your Ft. Lauderdale personal injury lawyer should give you advice about your legal situation, keep you informed about your case, tell you what he thinks will happen in your case, allow you to make certain decisions regarding your case, provide you with an estimate about what your case should cost, notify you of any changes, or setbacks, give you the information you need to make good decisions etc.

Here are some of the basic things that you can expect after hiring a lawyer:

Lawyer Communication

Lawyer communication includes the correspondence and communication between a client and his attorney. In case you face a problem related to lawyer communication, it might force you to wonder whether you ended up hiring a bad attorney who is not diligent enough. The truth is that there are many states that have laws regarding when and how a lawyer must communicate with clients. Usually, you need to be able to expect to get a general overview of your case at the time when you request it from your lawyer.

Also, your Fort Lauderdale attorney must call you back or return your emails just in time. In case your hired lawyer does not respond within a business day, he should give you a reason why they failed to answer your question. This might happen if your lawyer is working on many cases. In such cases, your lawyer is likely to be burdened with court work.

If your personal injury lawyer does not communicate effectively, you are likely to worry. It is alarming if your attorney fails to keep you updated on what is happening with your case. Your repeated phone calls must be answered. If there is no response for over the course of a week, you must discuss your lawyer communication problem with your lawyer. In case your attorney does not show any sensitivity to your worries, you might need to go for another legal representative to help yourself.

Lawyer competency

The lawyer communication problems are the most common ones. However, apart from that, you may also have problems with the competency of your lawyer's work. Competency implies the core knowledge and expertise of a specialized PI lawyer in handling a client's legal issue. Lawyers are humans. You must not forget that! They might just make a mistake. There is nothing like flawless work! After your attorney passed your state's bar exam, he probably has not had to take a test. In fact, passing the bar exam does not really guarantee that your lawyer is competent to represent you in court! Sad but true!

There is a bunch of bar associations that claim that they deal with various issues regarding the competency of lawyers. However, you will not get any proper response if you complain about your attorney's work. This is mainly because the State bar associations are understaffed. Thus, they fail to lead proper investigation on whether attorney is working in a competent manner.

But, you may claim for legal malpractice if your attorney makes a mistake that no reasonable attorney would make, under normal circumstances. This error might cause you to lose money or even get harmed in some manner. In such cases, you can sue your attorney. You can go forward and claim that he did not act in a reasonably competent manner. These mistakes can be procedural in nature as well. These might include not filing your lawsuit on time. Some mistakes are ethical in nature. You must know that there are plenty of malpractice lawsuits that are pretty expensive to pursue. These might even be very hard to win. So, you cannot always blame the attorney for losing the case.

Ethics

Every state has their own bunch of ethical rules. By these rules, attorneys need to conduct their business.These usually have certain common themes that run throughout all of them. The lawyers are required to maintain the attorney-client privilege, perform their duties well, represent their client's interest with utmost loyalty and integrity, work within the bounds of the law, maintain separate bank accounts for client money, prioritizing their client's interests no matter what etc.

Every state has an agency that is responsible for disciplining attorneys and other legal professionals in Fort Lauderdale that sway away from the ethical rules and regulations. These disciplinary actions can give way to paying fines, returning stolen money, suspension from the practice of law, revocation of a law license etc.

Amount of fees

Most of the disputes related to attorneys' fees are the most common type of problem that arise. Fee disputes can come up due to multiple reasons. The most common reasons might include:

1. Complaints about bills that are regarded to be too costly
2.  Disagreements over what type of fees would be charged to the client
3.  Disagreements over whether an itemized bill would be provided
4. Concerns that a lawyer took a really long time to get done with an easy task
5. Argument that since an attorney did a job unsatisfactorily, the bill should be lowered
6. Billing at an attorney's rate for work done by a paralegal
7. Complaints associated with charging more for time given to a case

After you hire a good PI attorney in Fort Lauderdale, you need to make sure that you get the fee agreement in writing. This will help you to understand the cost factor. In case a term in the fee agreement is not that clear to you, do not shy away from asking the attorney to write it again in a way that is clear to you in every possible way. If your state does not require a written fee agreement, you should still have one. In case you do not want to have your fee dispute end up in court, you must ensure that a mandatory arbitration clause is included in the fee agreement. This way the dispute can take place in front of a neutral, third party in the most rightful manner.

In what Ways can a Personal Injury Attorney Help us?

Usually, the consequences of an injury tend to have costs. The common costs include medical expenses, lost wages, the loss of the ability to earn money in the upcoming future, etc. The pain and stress of an injury might be long-lasting even after the healing period is over. If you have suffered a personal injury due to another individual’s actions, or since someone else did not take precautions to prevent injury, you may be able to take legal action to recover damages. The responsible party might be needed to pay your medical bills. Also, they would have to compensate you for lost wages and lost potential wages. You would have to take all the precautions to provide protection to your family and yourself once you have sustained the injury. This also involves hiring a personal injury attorney to look into your legal options.

Why hire a personal injury attorney?

A personal injury lawsuit can be complex. Witnesses may be required to testify about your injury/s sustained in the accident. Records might be examined. Your case might involve various expert witnesses. Personal injury cases need careful attention to all the details. Getting injury cases resolved can require a good deal of documentation, red tape, and a good deal of time. Hiring a personal injury attorney who has a lot of experience in personal injury law is important when it comes to protecting your set of legal rights. If you want to recover damages from a company or some other organization, it can be expected that they will have legal counsel on their part.

Your personal injury attorney certainly coordinates your legal case. They would help you in the completion of the paperwork involved in a personal injury claim. They can assist you in negotiating with insurers as well as opposing counsel. A professional personal injury attorney would have access to a good bunch of investigators plus expert witnesses. A personal injury attorney who has a good deal of experience can assist in the entire injury claim process.

Also, there are many personal injury attorneys who work on contingency. This implies that they would not charge you unless you end up winning your injury case. The personal plus financial stress of a personal injury can be hard to manage. You might end up accepting a settlement offer which is not really in your best interest. Your personal injury attorney can give you proper advice on this set of offers in order to let you know about your set of expectations. You might be able to get your case resolved through mediation, the cost required to recover your claim and lowering the time. Your personal injury lawyer can help you throughout the mediation process.

If you do not recover, there are no fees involved. There are many personal injury attorneys who work for a contingency fee. This implies that if you do not win your case, you would not pay any attorneys' fees. However, you might have to pay for certain expenses that are not related to an attorney’s services.

In any personal injury case, complicated legal procedures, difficult medical terms, and plenty of paperwork are common. A good attorney can deal with all the paperwork that is vital when it comes to getting your claim resolved. In your first meeting with a personal injury attorney, you would have to be ready with your documents that are related to your injury.

Though you might be responsible for various other costs, you must not consider a personal injury lawyer simply an expense. Keep in mind that it is a ‘must’ investment you would have to make after a personal injury.

What is the role of a personal injury attorney?

When an injured party goes ahead and hires a personal injury lawyer to deal with a case, the lawyer needs to investigate the claim properly. He/she needs to help the client understand his/her legal options when it comes to recovery. Getting success in a personal injury case needs extensive research plus a firm understanding of federal as well as state legal statutes, the local court system, and local ordinances.

A personal injury lawyer has a certain legal obligation to provide protection to a client’s case information as per attorney-client privilege. Since a personal injury attorney has no obligation to share protected client information with other parties as per attorney-client privilege, a Florida lawyer may not offer protected client info to other parties willingly.

Personal injury attorneys tend to figure out the full extent of the damages of the client. This may need extensive research/input from several qualified experts who come with professional backgrounds that are relevant to the personal injury case. Personal injury lawyers need to prepare their clients for hearings, depositions, and trial. This might need careful examination of the elements of the case, assisting a client answer questions properly, making preparations for proper analysis of the witnesses in the case, etc.

A personal injury lawyer might represent a client who needs to deal with an insurance company for getting recovery after an injury. There are many insurance companies that tend to attempt to convince claimants when it comes to accepting some lowball offers on legitimate claims. This is to lower their financial liability to these claimants, as well as hiring a personal injury attorney. Hiring the right personal injury attorney is the most effective way to make sure that an insurance company offers a fair settlement on a personal injury claim. A South Florida personal injury attorney can handle correspondence as well as negotiations with various insurance companies on behalf of a client.

A personal injury lawyer tends to advocate on behalf of his/her client to make sure of a solid recovery in the claim throughout the legal process. There are some personal injury claims that end with insurance claims which entirely cover the damages of the claimant. Various others tend to proceed to settlement negotiations. However, if settlement negotiations fail, a case might proceed to trial.

How Long Does It Take for a Car Accident Case to Close?

There are many factors that affect the length or duration of a car accident case. Cases that have clear liability and a well-established and understood injury usually settles in few months without any delays. Other cases are not clear at all. Most of the other cases require patience and perseverance to investigate, develop, and complete. Here are some factors that can lengthen the timing of an accident claim:

Involvement of injuries

There are often many questions surrounding the injuries. These queries and questions can keep a claim in limbo for weeks or months at a time. In the initial phase, a physician may not know the recovery period for an injury or the extent of treatments needed to bring an accident victim to maximum recovery levels. A car accident attorney should have this crucial information. This helps him to accurately outline damages for the injury.

There are certain injuries such as whiplash, chronic generalized pain, and soft-tissue injuries. These injuries can raise questions with insurance companies involved in the claim. Insurance adjustors carefully scrutinize claims involving these injuries. This is mainly because many fraudulent claims involve generalized injuries.

The extent of your injuries matter a lot. You certainly do not want to settle a car accident injury claim until you recover completely or reach a point of maximum recovery. Thus, you will know the full extent of your injuries and feel confident that you won’t face additional problems or a future surgery. Your recovery might take six months or more. This certainly adds time to your case. However, it is in your best interest to wait until you know the cost of your medical bills, lost wages, and other damages.

Co-operation from insurance companies

Insurance companies usually take their time to respond to conduct investigations and communicate with claimants. However, they need to adhere to certain time limits.

Once the insurance company makes an offer or denies a claim, the injured individual needs to decide on a path forward. A claimant might appeal a denial, accept a claim offer, or reject it and either negotiate settlement terms or file a civil claim for compensation. Communication with the insurance company is the key here. Effective communication may bring the claim closer to or further from resolution.

There are certain insurance companies that are more willing to be flexible than others when it comes to negotiating a settlement. Usually, larger insurance providers have a legal team dedicated to lowering the cost of a claim and negotiating with a plaintiff’s attorney. Insurers who are relatively smaller, may have a large volume of outstanding claims. They take longer for each claim to be addressed by an adjuster. There are other insurers who require several layers of internal review and approval by multiple parties.

Legal proceedings

In case an insurance company does not offer a fair settlement, a plaintiff might initiate the civil claims process. Most of the car accident cases and lawsuits involve a discovery period and additional out-of-court negotiations. When the two parties still cannot reach a satisfactory offer, the case is expected to go to trial. Every stage of the legal process takes extra time to complete.

Usually, cases that involve serious injuries, questionable liability, or a potentially high settlement value will take longer to successfully resolve than straightforward claims.

In case you decide to pursue a car accident injury lawsuit, there are certain steps you’ll need to take. Once the lawsuit gets filed and the other party gets 30 days to answer, the discovery phase of the case begins. This is where each side gets to ask questions in an effort to collect information from each other about the case. Depositions are taken then. The witnesses and medical providers will also be deposed. This process can be lengthy. It is then that the court will typically require mediation.

Additional time leading to a better settlement offer

Most of the seriously injured victims may need ongoing care and support for months or years after a car accident. If they decide to take the time to develop and fight for a fair settlement, it can pretty much improve a claimant’s financial stability after an accident.

Offset legal fees

Many personal injury attorneys work on a contingency fee basis. This implies that they receive a percentage of the settlement. A greater settlement benefits both claimants and attorneys involved in the case.

Level of awareness

There are certain claimants who pursue cases to raise awareness of particularly negligent driving behaviors and hold careless drivers accountable. When the lawsuit is lengthy, it can force insurance companies to follow good faith practices and prevent other drivers from making reckless driving mistakes.

Case details

When there are gaps in the documentation of the crash, the case may take longer to settle. Additionally, an accident involving a commercial trucking company, delivery truck, or other major corporation may require an extensive investigation. This adds to the overall timeline of the case.

Percentage of fault

It might be a bit tricky to establish liability in your case. So, you need to be patient throughout this process. After all, liability is a major factor in the amount you may receive in your case. A claimant’s settlement will be reduced by his percentage of fault for the accident. If a party is more than 51 percent at fault, he will not be entitled to any damages.

Things to consider prior to settling your case

Keep in mind that a settlement is only one way to conclude your case. In case you are not satisfied with the amount you are offered, you might decline the settlement and take your case to trial. When the insurer makes a strong case to the jury, you may be denied any amount at all for your injuries. If you are successful at trial, the defendant has the ability to appeal the decision, forcing you to go through the process all over again. Thus, many victims would rather accept a settlement that will provide for their losses than go to trial.

How to Avoid a Bicycle And Pedestrian Accident In South Florida

In South Florida, most of the pedestrian and bicycle accidents are caused by negligence from a motorist or a driver who is distracted. Crashes into a pedestrian or cyclist are common. Sometimes, drivers are not able to yield at an intersection that leads to accidents. Some accidents occur while passing a runner, pedestrian or driver. Some pedestrians get careless and do not see both ways after a stop sign. Many accidents occur due to an overdose of alcohol or drugs. Some accidents are caused by street defects and vehicle collisions. Some of these collisions take place due to defective parts of the vehicle that do not function or malfunction!

What are the common types of injuries caused by bicycle and pedestrian accidents?

Most of the injuries caused by bicycle and pedestrian accidents can be severe. A worst case scenario is permanent disability!

Usually, wearing a helmet is not required in South Florida. However, most health insurance companies make it compulsory for policyholders to get one. However, wearing a helmet does not guarantee 100% safety! Some of the injuries cannot be prevented due to other larger vehicles being involved.

Some common bike accident injuries include damage to soft tissues head injuries, including skull fractures Traumatic brain injury (TBI) and injuries to the face.

What are some of the safety precautions that can be taken to avoid such accidents?

Drivers as well as pedestrians need to be extra careful. They should be aware of safety precautions. Some of the common safety measures include:

• Wearing a helmet
• Respecting traffic laws
• Avoiding busy roads
• Avoiding distractions like cellphones and listening to music
• Using your turn signals
• Looking carefully before making a turn
• Using bike lights

What precautions should cyclists take?

Cycling has become overly popular in South Florida. Cyclists and drivers need to adjust their driving to heightened traffic. The vehicle speed needs to be lower when there are many bicycle and pedestrians on the road. Thus, drivers need to be more careful. There are certain streets that have been built to accommodate a high volume of traffic. However, some communities do need an update in the coming years.

What to do if injured in a bicycle or pedestrian accident?

 Right after your accident, you must seek medical treatment. Try to know the exact nature of your injuries. This way you can end up getting the right amount of treatment. Also, you can return to normal health in a relatively short period of time. You must know about any future claims that you may have for compensation. Most importantly, you will have to demonstrate that the injuries were a direct outcome of the accident in question. In case you fail to seek treatment, the opposing party's insurance companies might try to defend against your allegations.

Once you get proper medical treatment, try to reach out to an experienced South Florida personal injury lawyer to start preparing your claims. Your lawyeris the right person who can represent your interests in negotiations with the other party. Most importantly, he/she can help you recover the compensation you truly deserve. Usually, insurance companies know exactly what your claim is worth. They will try their best to avoid paying these amounts. Here is when your South Florida personal injury attorney acts as your savior! He/she will ensure that the insurance companies do not take advantage of you at such a crucial time.

When you are a driver, you need to take care of some important things. Here are some of the top safety precautions that drivers or bicyclists should take:

Knowing about Bicyclist and Pedestrian Rights
When you are a driver, you must know about bicyclist and pedestrian rights at the time of sharing the road. Also, you must understand the rights and responsibilities as well as the rules and regulations. Look into the rules that are applicable to bicyclists and pedestrians on the roads. This can help you to predict how cyclists and runners act when out on the road. Also, you learn how to react to bicyclist and pedestrian behavior.

Look into the blind spots
You mustcheckyour blind spots in order to prevent accidents. This is important for any driver. But, many drivers check their blind spots to see other cars only. They should look for pedestrians and cyclists as well!

Be aware and alert
There are some drivers who tend to go on autopilot the moment they approach their homes. They do the same when they lose their focus while driving. This causes great danger to pedestrians and bicyclists alike. While driving, you must remember that you must stay alert at all times. It does not matter how familiar you are with the locality! Also, you must stay awake while driving! Do not drive when you are overly sleepy! Just go for a short nap and then continue driving once the nap is complete.

Take pedestrians’ speed into account
Many car-bicycle accidents occur at intersections. The main cause is drivers’ failure to predict the speed at which a cyclist or runner is traveling. Make sure to err on the side of caution. You must give riders a good deal of time and space.

Do not open your door randomly
You cannot just open your car door into the path of a runner or bicyclist! In case your car is not moving, keep in mind that the door can still block a cyclist’s path. This can pretty much stop them all of a sudden. And, this might cause an accident! Also, it can injure a runner, putting them off balance. When you are a driver, you need to stay alert and aware of your surroundings.

Being a driver, you must check for pedestrians before entering or exiting a driveway. Make sure to wear sunglasses to avoid glare if the sun is reflecting on vehicles. Also, make sure to keep your windshield clean. Being a driver, you must watch for pedestrians coming out from between parked cars.

What Does a Typical Personal Injury Case Look Like?

You might wonder as to what goes on in a typical personal injury case. You might wonder as to how long it takes.

Getting medical treatment
This is the very first thing that you should do after getting injured in a certain accident. If you are injured, make sure to go to the hospital or visit a doctor. When it comes to health, this is the right thing to do. If you do not see a doctor for some time after an accident, the insurance adjuster and the jury will surely assume that you were not that hurt.

Picking a lawyer
This comes next. If you have a strong claim, it is important to choose a South Florida personal injury lawyer. You must make sure to choose the lawyer right after the injury. You can settle a minor personal injury claim yourself. However, you should still consider talking to a lawyer. If you have suffered from severe injuries or losses, you will need a lawyer for any personal injury claim.

If you are out of work for more than a few days, you should hire a lawyer. You must decide to talk to some lawyers. Once you choose a lawyer and sign a fee agreement, he/she will start to work on your injury case.

Investigating the injury claim
This is a major step. The medical records also need to be reviewed. The lawyer interviews you about how the accident happened, your medical condition, your background, and medical treatment. The attorney wants to know everything that might be relevant to the accident. He/she will make sure to ask all questions to know more about your injury and treatment. Usually, lawyers do not really want to be surprised. So, you must go ahead and answer all the questions honestly.

It is then that the lawyer will get all of your medical records plus bills associated with the injury. Also, he/she will get your medical records for any treatment that you have ever had associated with the condition at issue. This can take some months.

Once the lawyer collects all the medical records, the lawyer will review them in order to see if there is a possible case. Now, the lawyer might be able to determine that there is no case. In that case, he/she will deliver the bad news to the client early on.

Making Demands
There are many small personal injury claims that are settled prior to the filing of a lawsuit. If the lawyer is of the opinion that the case can be settled, they will go ahead and make a demand to the other lawyer or the insurance company of the other side.Else, your lawyer might go ahead and file the lawsuit. Generally, if your claim is about permanent injury or impairment, a genuine personal injury lawyer will not settle it prior to filing suit.

A genuine personal lawyer will not make a demand until the plaintiff has attained a point of maximum medical improvement that is referred to as MMI. MMI is the stage when the plaintiff has ended his/her medical treatment. This is mainly because when the plaintiff has reached MMI, the attorney does not know the actual value of the case.

The attorney should not file a lawsuit until MMI. This is mainly because if the plaintiff is not at MMI when the case goes to trial, the jury might give less value to the case. It could take some months or years for the plaintiff to attain MMI. However, a genuine lawyer will decide to wait, if the plaintiff can afford to wait financially. Of course, if the plaintiff requires money, then the attorney should put the case in a suit early on.

Filing of the lawsuit
The filing of the lawsuit usually begins the clock running on when the case is getting to trial. The pretrial procedures of every state vary. However, it will take some years for a personal injury case to get to trial. You need to remember that a lawsuit is required to be filed within certain time limits. These time limits are set by every state has set by passing a law that is referred to as a statute of limitations.

The Discovery Process
The discovery process is a procedure in which all the parties look into the legal claims and defenses of the adversary. They usually send interrogatories and document requests to one another. Also, they take depositions of every relevant witness in the personal injury case. It usually begins with the plaintiff and the defendant. This process can last for 6 months. It depends on the court’s deadlines as well as the complexity of the personal injury case.

Mediation and Negotiation
With the ending of the discovery period, the attorneys will start talking about settlement. Certain times, the lawyers can go ahead and settle a case by talking among themselves. However, some tend to go to mediation. Mediation can be defined as a process in which both clients and lawyers go in front of a mediator in order to settle the personal injury case.

Trial
In general, mediation works. However, if it does not work, the case is likely to go for trial. Depending on the severity of the injury case, a personal injury trial can last a day, a week or even longer. The duration of the injury case may be increased since, in many states, trials are held for only ½ a day and not a full day. This pretty much doubles the duration of a trial. However, it also lets the lawyers and judges get certain other things done.

When a lawsuit is scheduled for trial, it does not mean that the trial will occur on that date. Trials tend to get rescheduled due to the schedules of the judge. If your trial gets canceled due to some reason, you should not assume that the lawyers are conspiring against you. In general, trials are delayed all the time.

Some key factors that impact the settlement value are the defendant's assets, the plaintiff's losses and liability.

Rear-End Collisions: Causes and Common Injuries

Rear-end collisions are considered to be one of the most prominent types of auto accidents in the country. These are considered to be a common cause of accidental injuries.

In present times, distracted driving is highly prevalent. However, it is not the only cause of rear-end collisions. These collisions can be caused by:

• Distracted driving
• Speeding
• Heavy traffic
• Weather conditions
• Road rage
• Mechanical failure
• Fatigued driving

Driving under the influence of alcohol or drugs
In order to prevent and mitigate rear-end crashes, go for the Forward Collision Avoidance Systems. These systems allow a vehicle to automatically brake without driver action when a crash is likely to occur. However, unfortunately, even with this technology, accidents are still likely to happen. The common injuries you could experience as a result of a rear-end collision can differ. It may differ based on certain factors.

 

What are some of the common rear-end injuries caused?

 

Whiplash
Whiplash is certainly one of the most common injuries that can result from a rear-end collision. This injury is usually caused by a violent, sudden movement of the neck and head. It can cause serious soft tissue damage.

The severity and extent of whiplash injuries vary from case to case. There are certain spinal injuries that demand more intensive medical treatment than others. These are the situations where the head, neck, and back move more violently. This heightens the likelihood of sustaining a serious injury. One of the most prominent dangers of a rear-end whiplash injury is that it isn’t immediately apparent. It could take days or weeks for the full symptoms of the injury to become truly visible.

Broken Bones
Broken bones arise from failure to brake. This is a prominent side effect of many collisions. These are associated with all auto accidents. However, in a rear-end collision, the most common breaks occur to certain parts of the body like hands, spine, ribcage, feet, and skull.

Many modern crash safety equipment exists today. However, broken bones can still happen when the collision is extreme. Unlike soft-tissue injuries, many of the breaks can be easily detected. This enables victims to get medical treatment just on time. However, when there are fractures to the skull, it can be way more serious. These fractures can indicate other problems such as traumatic brain injury, or TBI.

Traumatic Brain Injury
TBI-related deaths are way too common today. Just like whiplash, the early warning signs of traumatic brain injury may not be instantly visible. This could take days or weeks for the full effects of the injury to fully manifest.

There are certain common symptoms. These include loss of consciousness, dizziness, chronic fatigue, abnormal changes in behavior, impaired speech, lowered cognitive performance, etc. The bad thing is that traumatic brain injury can be extremely difficult to treat. Also, certain injuries can result in permanent impairments. Some might even lead to death.

Facial Disfigurement/Scarring
When it comes to rear-end crashes, occupants can be thrown against their restraints. There are times when an occupant could hit a dashboard or headrest in a manner that leaves them with permanent scarring or disfigurements. In such cases, the quality of safety measures and immediacy of treatment can be major deciding factors in preventing scarring.

Paralysis
When a spine or brain injury is pretty severe, it can leave you partially or completely paralyzed. There are multiple factors that can impact the degree of paralysis.

Seat Belt Injuries
Seat belts are vital when driving. But, surprisingly, when someone is involved in a rear-end car accident, seat belts can cause injuries! When your car is struck from behind, your seat belt tightens in order to hold your body firmly in place and prevent it from striking the steering wheel, dashboard, and windshield. The moment this happens, the seat belt can very well cut your skin when your body is thrust forward. The most common seat belt injuries are bruising or lacerations to the chest, neck, and torso.

You must see a doctor and have your injuries documented if you wish to file a claim. Make sure to seek legal representation. Get a monetary settlement for your injuries.
Usually, the Extent of Your Injuries has to be taken into account. This extent depends on certain common factors like type of vehicles involved, the rate of speed, the location of impact, if seatbelts were worn, airbag deployment, seat back angle, etc.

Keep in mind that headrests can be the most common source of protection against whiplash in rear-end collisions.

 

Steps to take after a Rear-End Collision

Right after a rear-end collision, you must contact the emergency medical service as soon as possible. Keep in mind that the timeliness of your treatment can make a huge difference in your recovery process. Once you have properly taken care of your health needs and the needs of any other occupants in your vehicle, consider contacting an experienced auto accident attorney.

You must keep in mind that many things can happen in the aftermath of a severe rear-end collision. Some of these include astonomical medical bills, adjusted insurance rates, lost time and wages, etc. so, many of you might stress over financial trouble right after such an accident.

Keep in mind that you do not need to face a financial emergency due to the recklessness of others. Make sure to contact an experienced auto accident attorney in your community to represent you. Try to rightful earn you the compensation for injuries, property damage and medical treatment associated with such a collision.

 

Ways to prevent rear-end collisions

Drivers must check your mirrors more often. When coming to a stop at a traffic light, try to look in the rearview mirror to be sure vehicles behind you are stopping. Make sure to check your mirrors to be sure traffic is stopping behind you.

It is also important to stay focused on your driving. When you slow to a stop, try to detect an escape route. Never rush up to a stop sign or red light. While stopped, try to visualize what you can do should the vehicle behind you not show signs of stopping in time.