It’s only logical why the law should permit compensation to those who are harmed by the actions of someone that is negligent. However, the downside to this is the fact that you must first prove to the court (or more specifically the insurance company, or jury) that the harm done was indeed caused by someone […]
Why did my doctor’s office file a lien against me?
Not every personal injury plaintiff has health insurance. Those who are involved in automobile accidents sometimes have have “PIP” (personal injury protection) or “Med Pay” (Medical Payments) coverage to pay medical bills, but these benefits are often not enough to cover all of the necessary medical treatment. These plaintiffs are presented with a catch-22: they […]
What is Max Medical Improvement?
Maximum Medical Improvement, or MMI for short, is a simple yet important concept in every personal injury claim. It refers to the point in your medical treatment beyond which you are not expected to get any better from further medical care. This is not to imply that your medical treatment is finished. In many cases, […]
What goes into a Personal Injury Settlement Demand?
Friendly reminder that this isn’t legal advice, but “lawyer ramblings” on demand letters. What goes into personal injury demand packet? Once you are through with your medical treatment, or you’ve reached maximum medical improvement, and gathered all the documents necessary to make your settlement demand, it’s time to write a settlement demand letter. Here’s a […]
Should I Settle or Go to Trial?
Most personal injury plaintiffs will be plagued by this question at some point during their lawsuit. Should you settle and take less than what you think your case is worth, or risk it all at trial? The vast majority of plaintiffs will choose to settle — and for good reason. Jury verdicts are, at best, […]
Mediation Advice for Personal Injury Plaintiffs
Mediation is a formal settlement conference that usually presents you with the best chance to settle your personal injury lawsuit before trial. This article will give you an overview of the mediation process and some advice on how to make the most of your mediation. Most plaintiffs are very nervous going into mediation — don’t […]
How Much is My Personal Injury Lawsuit Worth?
This is by far the most common question plaintiffs have, and also one of the most difficult to answer. There is no formula one can use, but there are several factors your attorney will consider in arriving at a fair value for either settlement or trial. At one point, a garden variety car accident case […]
IME – The (not so) Independent Medical Exam
There is no “i” in team, and there shouldn’t be one in “IME,” either, because there is nothing “independent” about an IME in a personal injury lawsuit. In fact, plaintiff’s’ personal injury attorneys are more properly referring to these exams as DMEs, or “Defendant Medical Exams,” or “Insurance Medical Exams.” For purposes of this article, […]
Whose Depositions Should You Attend?
As a plaintiff, you know that you will be required to submit to a deposition by opposing counsel. If you are married, it is likely that you plan to attend your spouse’s deposition as well, as that is often scheduled for the same day as your own. Beyond that, you probably don’t plan to attend any other […]
Why Did the Defense Attorney Ask Me for That?
The discovery process can make you, as a plaintiff, feel like you are the one on trial. In a very real way, you are. When you file a personal injury lawsuit, you open yourself up to any questions and requests for documents and other items which are “reasonably calculated to lead to admissible evidence.” Note […]