DETERMINING WHETHER YOU HAVE A CASE
There are many factors that affect whether a lawyer will accept your case. First, despite what you may read in the newspapers, a medical malpractice case is not a guaranteed lottery ticket worth millions. Medical malpractice cases are perhaps the hardest types of personal injury cases to win. The doctor wins most cases that go to trial.
Since most cases…
Chapter Five from my book, Winning Personal Injury Cases
Medical Malpractice
Many people seek legal redress for a bad medical result for which there is no legal blame. Perhaps the patient simply felt that the doctor treated him or her with disrespect and seeks revenge by filing a suit. The law does not provide a remedy for hurt feelings. It makes no economic sense to pursue a medical cas…
PSYCHOLOGICAL INJURIES
Psychological injuries can be an important part of a personal injury case. Post-traumatic stress disorder (also called post-traumatic stress syndrome) is a provable phenomenon that adds value to some cases. This disorder may involve headaches, nausea, dizziness, inability to concentrate, depression, irrational fears, etc. But this is also an area that is fraught wit…
INTENTIONAL INJURIES
Injuries that result from intentional action are resolved quite differently from injuries caused by negligent conduct. Assaults, threats or uses of force that cause fear of harm, and batteries, using force to cause harm, are the most common kinds of intentional injuries. Auto accidents also obviously sometimes result from purposeful conduct. The most important differences…
The products liability law in your state may have the concept of strict liability. Strict liability involves the assessment of liability on the basis of the defect itself. The law permits liability to be assessed against the defendant on proof that the product was defective.
Cost
Products liability cases are very expensive to pursue. Expert engineers must testify concerning the defect in…
SOCIAL SECURITY DISABILITY
Everyone knows that Social Security benefits are available to retired workers. But did you know that you might qualify for Social Security payments before you reach retirement age?
If you are disabled and unable to work, you may be eligible to receive Social Security benefits. There are two separate programs that pay disabled persons-Social Security Disability…
WORKERS’ COMPENSATION
If you are injured on the job, you may be entitled to workers’ compensation. Laws vary from state to state. The discussion that follows is the general view of most states, but you should consult an attorney in your area to be sure no important differences apply to your case.
Workers’ compensation pays the medical bills and lost wages of individuals injured or killed…
FOOD POISONING CASES
Food poisoning cases are difficult to pursue and usually settle for no more than nuisance value, a relatively small amount of money. Many personal injury lawyers refuse to take them. Because the lawyer is compensated only upon settlement, the relatively low value of most of these cases, along with the problems of proof, make them generally a poor investment of t…
LEGAL MALPRACTICE
The issue of legal malpractice is relevant to every type of legal case. If a contract lawyer makes an important mistake in drafting a contract, the client can sue for legal malpractice. Similarly, if a personal injury lawyer errs when handling a personal injury case, the client should consider the possibility of suing the lawyer for legal malpractice. Personal injury…
Various Kinds of Injury Cases
There are many different kinds of injury cases. These cases are sometimes referred to as tort cases. The word tort comes from the French word meaning wrong. The wrongdoer is known as the tortfeasor. Sometimes, injury cases are called negligence cases. Negligence is defined in injury law as the failure to exercise the care for the safety of another that a prudent…
