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Personal InjuryThere are two main bodies of law in this county, criminal law and civil law. Criminal law involves violations of the written code and statutes, and is prosecuted by the state against individuals, resulting in possible jail time. This covers things like murder, arson, illegal drug use, etc. Civil code involves disputes and lawsuits between individuals, and falls under the heading of tort law. Torts are civil wrongs that result in some injury, harm, or damage to person or property - someone accidentally hits your car, your neighbors dog bites your child, you slip on improperly installed carpet at your office and hurt your back, wrongful death cases, food poisoning, your tree falls onto your neighbors roof, etc. Personal injury cases fall into this group, and include just about any imaginable instance in which someone is hurt due to an accident, negligence, or from a faulty product. The point being these are not criminal cases - no one actively committed a crime against you intentionally -- though criminal cases can sometimes have a civil portion of a lawsuit as well (think OJ Simpson - the criminal case found him not guilty, but the civil case found him liable for $30 million in damages). In this guide, we will take a look at how the personal injury civil cases are handled, how personal injury lawyers work, and how insurance companies settle claims on personal injury cases.
Personal Injury Damages - Pain and Suffering - Insurance Claim SettlementsHow much is my personal injury case worth? Remember that tort law is designed to compensate people who have suffered damage and loss to person and/or property, and to dissuade people from causing accidents due to negligence. If you are the victim in a personal injury lawsuit, you will be awarded damages that cover pain and suffering, medical expenses, and loss of earning (present and future), along with specific expenses related to the accident, like funeral expenses, loss of companionship, mental anguish, etc. Any settlement in a personal injury case first involves finding the person at fault. What portion of the liability is theirs vs. yours? The actual claims process for settling a personal injury case can often be very simple -- a half dozen phone calls and letters with the insurance adjuster, once it is established who is at fault and the extent of damages. Insurance companies have formulas they use for calculating damage awards and pain and suffering awards. The party liable for an injury or damage must compensate the victim for any doctor or medical care expenses, emotional damages (stress, damaged relationships, etc.), lost wages due to time off of work (current and future), damaged property, and permanent disabilities. Normally, the medical expenses are known (more difficult for cases with permanent disabling injuries) - these are the medical special damages (also known as specials). This is the basis for the non-monetary damages, covering pain and suffering, emotional loss, etc. For minor accidents and injuries, the normal non-monetary damages amount to 1.5-2.5X the specials amount (150% to 250% of the medical bills, ie, if you had $50K in medical bills, you might expect $75-$125K in additional damages). For more severe injuries, 5X is the common multiplier, though you could receive 10X or more in rare cases. This is the calculation and negotiation an insurance adjuster goes through - you send them all your medical bills with any estimates for ongoing therapy or treatments, they look at the facts of the case involving liability and type of accident and injury to come up with the pain and suffering award, then they add on the lost wages, and you get your settlement offer. In most situations, this is the baseline offer -- anytime an insurance company offers you something, you know they are willing to pay AT LEAST that much, and will usually negotiate up a bit to reach a final settlement. ALways remember the goal of the insurance company is to pay you the lowest amount possible, and they will often use time to their advantage to draw things out -- you need money for bills, they keep stalling things out, eventually you give in and just take their number. Resist this when possible and always aim for the maximum fair compensation you deserve - after all, you are being awarded damages for something someone else did to you or allowed to happen to you - it's not your fault.
Personal Injury Lawyers and AttorneysI've been injured in an accident! What do I do next? Should I find a personaly injury attorney? Seems like this is the first thing everyone thinks when something goes wrong. When most people are faced with a strange and new situation, they intelligently realize they need the help of someone with experience in that field. Personal Injury lawyers do bring that to the table - usually many years of dealing and negotiating with other lawyers, insurance companies, and doctors and hospitals. But they also come with a hefty price tag - usually in the range of 30-45% of your settlement. Now this is all well and good if they can get you 3X the normal settlement, then take 1/3 of that, leaving you with 2X what you would have normally received. Unfortunately, it usually doesn't work that way. A really good lawyer might get you 10-20% more than you could get on your own (assuming you don't have some outlandishly bizarre case). The insurance industry is pretty structured and in nearly all standard injury cases, there is a huge history of existing cases and precedence outlining what the accepted levels of damages are for property, medical bills, lost wages, and pain and suffering. They even have fixed formulas for figuring out how much damages are to awarded, based on medical bills and who is at most at fault. If you do your research (see below), you could very well get the exact same settlement that an attorney would get you, and you'd get to keep it all. Regardless, it ultimately comes down to your own personal comfort level and risk aversiveness. If you like lawyers and don't mind giving them $100K that was meant for YOUR suffering, you can certainly opt to do so. If you feel you just can't cope with the paperwork and time involved to get through a case settlement, then hiring a lawyer and getting the peace of mind from that might be more than worth the cost to you. We just hate to see attorneys pawn off 20 hours of paralegal casework onto their underlings, then turn around and pocket $50K for their "work" while, you, who actually suffered the injury, don't get that $50K that was intended for you. If you do have a case that is something other than an automobile accident, like a product liability case or medical malpractice, or any case that involves permanent disability, legal aid is practically a requirement. Where can I find a good personal injury lawyer? Your best bet is always a recommendation from a friend or family member who has had a happy, successful experience with an attorney that they recommend. Many firms claim to be personal injury specialists, but as we've discussed above, for the vast majority of standard personal injury cases, there just isn't much extra a "specialist" attorney can do - your medical bills are known, your time missed at work is known, so the question is will you get 1.75X your specials or 2.2X? They may have more experience negotiating these kind of deals, but there is only so much wiggle and negotiation room in the insurance industry procedures. You can try AttorneyPages.com or your local yellow pages if you need to find a personal injury lawyer from scratch - be sure to meet with several and learn their styles, personalities, and tactics before signing on as a client.Personal Injury Books and ResearchAnyone involved in a personal injury case owes it to themselves to do a significant amount of research into how the damages and settlement process works, and what is involved in working with attorneys and insurance adjusters. The money involved is often significant, as is the impact on your future life if you have serious and ongoing medical conditions. A good book is always a nice place to start. Check out Nolo Press' "How to Win Your Personal Injury Claim" by J. Matthews ($25). Designed to give you a leg up when it comes to dealing with big insurance companies that handle these cases all day long, 365 days per year, the book teaches you how to handle and understand most of the personal injury settlement process yourself. It covers things like:
As mentioned above, you don't always need a lawyer to handle a lot of these settlements, and in many cases, you get less using a lawyer than if you handled it intelligently yourself. Of course, not everyone has the capability, desire, and energy to tackle something like this, so you need to use your own discretion when deciding what you can do yourself and what you need legal assistance on. NOTE: This site only provides information and commentary, and does not offer legal advice. Always consult with an attorney if you have any legal issues with which you need advice or assistance.
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