Category: Miscellaneous

Personal injury victims often deal with property damage, lost earnings, and out-of-pocket medical expenses. If you find yourself in this position, you may be confused as you negotiate with the at-fault party’s insurer. Instead of going through this route alone, involve a reputable local personal injury attorney who can negotiate for a favorable outcome. 

The insurance firm will make a settlement offer to avoid the case proceeding to trial. However, if you fail to reach a consensus, your lawyer will file a lawsuit to recover your economic and non-economic damages. 

Most insurers are fond of offering demeaning initial settlement offers. Once you accept such an offer, you have shot yourself in the leg; you cannot make any further claims or demands in the future. However, your lawyer will consider all indices before going to the negotiation table. 

This piece sheds light on expertly negotiating in a personal injury case.

How Personal Injury Settlement Negotiations Work

A personal injury lawsuit can take several months before proceeding to trial. Concerned parties opt for negotiations after filing the complaint to see if they can settle the issue amicably. 

Fortunately, more than 95 percent of personal injury cases end in settlement. Agreeing to a settlement offer means you have decided to let go of every legal claim. 

Despite most cases ending through the settlement pathway, the process can still take months of negotiations before consenting to a settlement value. Identifying the guilty party and the amount of damages can take some time when the case starts. All parties will have an informed idea of the liable party(s) and the value of their claim. 

Generally, insurers often have a low initial offer. They will try to play games to avoid litigation expenses. However, they will sit up once you involve a knowledgeable personal injury attorney. 

Your lawyer will continue with the negotiations until trial. Some parties settle their case on the day of trial. 

“Most parties prefer settlement due to the expensiveness of trials and unpredictability of juries. Thus, a settlement agreement is a smart way of escaping the many problems of a jury trial,” says personal injury attorney Ronny Hulsey of Smith Hulsey Law.

Tricks That Insurers Adopt During Settlement

Insurance companies prioritize profit-making. Thus, they give less credence to your injuries and losses and will attempt to maneuver you to pay less. 

They have numerous negotiating tricks and gimmicks to force you into accepting a demeaning offer. They have dealt with several accident victims, so they know most victims’ weak points. Their gimmicks include:

• Feigning support for you and your losses
• Attempting to use your words against you
• Taking undue advantage of your need for money to make a quick and demeaning offer
• Engaging private investigators to gather proof against you
• Unrealistic deadlines to resolve the issue
• Luring you into a quick settlement before engaging an attorney

Insurers are selfish but will make their settlement offers appear as if they are doing you a favor. It is their stock in trade, so you should not hesitate to engage an enthusiastic personal injury attorney after your injury. Most attorneys have matching negotiating skills to deflate insurers’ tricks. 

What If The Settlement Offer Displeases You?

Insurance firms usually make lowball initial offers, hoping unsuspecting victims will fall for it. Such demeaning offers are usually insufficient for your medical needs. Reject the offer if it displeases you. 

Your lawyer will probably start from this; they will begin their negotiations based on what the company offers. They will then make a counteroffer, which will likely lead to a lot of back-and-forth. 

Most lawyers start with a request letter. Then, the insurer responds with a low offer. The attorney replies with a counteroffer, and the process continues until the parties reach a consensus. This process may take several months.

When You Should Accept a Settlement Offer

You must consider some essential factors before accepting a settlement offer. These include your damages’ total value (lost wages, medical expenses, and future medical needs), the defendant’s negligence, the strength of your case, and your desire for a quick settlement. 

You may proceed to trial if you have a potent case and wish to hold the defendant accountable for their negligence. However, you may accept a low offer from the adjuster to avoid the stress of litigation. Your lawyer can enlighten you on your options and the likely outcome. 

How an Attorney Can Negotiate Your Personal Injury Claim

The best way to counter an insurer’s lowball offer is to engage a reputable attorney to help you get the maximum offer available. They will help you focus on recovery while they deal with the insurance company. 

Your attorney can forecast your claim’s value after a thorough analysis. They will keep you informed as the case proceeds. 

It is to your detriment to assume, “It is a minor injury, so I do not need a legal representative.” Many who took this route eventually regretted their decision. 

“There is no threshold as to how “minor” or “significant” an injury should be before hiring a personal injury attorney. When someone or entity negligently injures you, consult a reputable local law firm to help you look into it.” 

Dismissing the severity of your harm is like intentionally stearing yourself in the wrong direction if you want a successful case.

Why You Should Engage a Personal Injury Law Firm in Houston

There are many benefits to hiring a personal injury law firm. First, it gives you the deserved peace of mind. Simultaneously, dealing with injuries and legal tussles can be overwhelming and frustrating. Once you drop the latter into the laps of a trusted law firm, you can wholly concentrate on recovery. 

Secondly, engaging a reputable law firm assures you of a positive outcome. Attorneys have knowledge and experience to professionally engage at-fault parties, their insurers, and insurance adjusters. They will protect your rights and demand maximum compensation. 

More importantly, they will represent you if your case proceeds to court. They will ensure the defense counsel does not water down your claim; your lawyer will work hard to ensure you get what rightfully belongs to you. 

Specifically, your attorney will help you complete the following tasks:

• Collect evidence and vital information, including medical records, police reports, and witness statements
• Liaise with insurance providers on your behalf for smooth and informed communication
• Calculate mishap damages and compensation
• Ensure you get the best possible compensation from liable parties
• Protect your best interests always

Minor Personal Injuries Lawyers Can Assist You Receive Compensation For

Minor injuries come in various forms, depending on the accident type you had. The most typical minor injuries you can receive fair compensation for are whiplash, bruising, and concussions. 

You cannot fully comprehend the gravity of these minor injuries because of the adrenaline that often follows them immediately after their occurrence. Hence, a seemingly insignificant personal injury mishap may significantly affect your health. 

They can lead to significant health issues if you do not treat yourself properly. For instance, they can become traumatic brain injuries soon if you fail to act proactively. Hence, seek immediate medical attention to every injury; do not undermine the seemingly minor ones!

Potential Compensation for Minor Injuries

It does not matter the number of times you visited a physician after your personal injury accident; you may be eligible to seek and get compensation for damages. Some erroneously believe they are ineligible for settlement because they visited the physician only once after an accident. 

You can receive compensation for emotional trauma, property damage, physical pain and suffering, medical bills, and lost wages. “Your lawyer will itemize these hurts and convert them into monetary value. However, without a passionate and dedicated lawyer, the at-fault party may argue convincingly against your claims.” says attorney Arthur Schechter. 

Conclusion

The explanation in this piece has shown that hiring a local personal injury lawyer for your minor injuries is indispensable if you want to stand a chance of recovering damages. You have seen instances where you should hire a lawyer to preserve your rights and recover compensation for ‘minor’ injuries. 

Let lawyers engage the at-fault party and their insurers to get the best out of the situation. 

You might not realize just how necessary heart pumps are, especially if you’ve never had a heart issue or had someone you love struggle with it. 

These tiny dynamos are a lifeline in helping a failing heart by ensuring it can still pump blood properly, whether that’s bridging the gap until a transplant becomes available or as a steady solution when surgery isn’t in the plans heart pumps play a crucial role.

Sadly, the Food and Drug Administration (FDA) has just announced that it is pulling roughly 14,000 units off the shelf, all linked back to Thoratec Corporation, an arm of Abbott Laboratories. In this article, we’ll explore what led to this major recall and what it means for those affected. 

Understanding the Recall

Let us discuss the heart of this recall: the HeartMate II and HeartMate III pumps. These aren’t just any gadgets; they give tired hearts a mechanical hand to keep the blood flowing like it’s supposed to.

Unfortunately, these devices have been found to accumulate biological gunk that can clog things up, posing the risk of personal injury to patients, and also prompting the FDA to order a recall of thousands of these crucial devices. 

A Timeline of HeartMate Hiccups

HeartMate devices, lifesaving as they are, have faced their share of roadblocks starting back in 2020. That year, the FDA cataloged over 130 reports that flagged complications specifically pairing with both HeartMate II and III models.

Rolling into January of this year, things took a sharp turn when Abbott had to rush out notices to hospitals informing them that HeartMate 3 devices were acting up thanks to glitches in their communication systems. 

Then came February’s warning: apparently, these pumps were getting clogged up more than expected, leading Abbott to issue guidance on how hospitals can spot potential blockages using those nifty low-flow alarms.

Come March, a Class I recall (a huge deal by FDA standards) got slammed down, marking the second time these lifesavers had hit major turbulence just this year.

From trying out clever new algorithms early on to spot trouble before it gets bad to continually tweaking these pump designs, it’s clear some deflate-and-reinflate work is still needed. 

Impact on Patients

For those battling end-stage heart failure, these heart pumps are a beacon of hope – essential for those who aren’t eligible for transplants or waiting in line for one. With the recent recall, patients and their families are caught in a tight spot: they must balance the risks of personal injury associated with these indispensable devices against the gravely serious consequences of going without them.

Given that there aren’t many alternatives, this news puts patients and medics alike into tough spots regarding managing their health, cranking up emotional pressure for critically dependent individuals.

Navigating the Recall: A Manufacturer’s Challenge

“Manufacturers are essential in guaranteeing the safety of medical devices. But if they falter, it is not just health at risk; legal and financial woes can swiftly follow,” says Arizona personal injury lawyer Jeffrey Phillips.

For Abbott Laboratories, makers of HeartMate devices, this recall is indeed a pivotal moment. They are pressed to quickly and effectively manage these hitches—starting with clearer communications and definitive action plans—to reassure everyone that they’re doubling down on safety

Looking ahead, Abbott will need to embrace complete transparency while fostering robust dialogue with healthcare providers, patients, regulators like the FDA, and other stakeholders if it wants to mend fences and rebuild that essential trust.

Have you been injured through the negligent actions of others to the extent of needing medical attention? If so, you may be eligible to pursue restitution through a personal injury lawsuit. A qualified Georgia personal injury attorney can evaluate the specifics of your case and offer guidance and advice for free. 

Are You Eligible?

Personal injury law covers lawsuits where one party, i.e., the plaintiff, seeks compensation from another, ie., the defendant, who they believe is legally responsible for an accident that caused them injury. 

The law holds us accountable for actions, expecting us to exercise care and discretion, especially when relating to others in whatever capacity. Therefore, you are entitled to compensation if someone’s carelessness and negligence caused you injury. 

This begs the question, what type of accidents constitute personal injury? They are outlined below: 

• Vehicle accidents, ie., car, motorcycle, truck, bicycle, pedestrian, and bus crashes 
• Slip and fall accidents as a result of wet and slippery floors, icy walkways, damaged floors, insufficient lighting and similar hazards
• Medical malpractice, including birth injuries, hospital negligence, misdiagnosis, surgical error, and finally failed or botched procedures
• Animal bites 
• Wrongful death 
• And more 

Hence, if you sustain injuries in any of the mentioned incidents and you believe someone else is responsible, you are entitled to compensation for the following damages:

• Medical bills and related expenses 
• Lost income as a result of missing work when seeking treatment and recovering 
• Physical suffering ie. the pain you endured as a result of the injury
• Loss of consortium- damage to your relationship with your wife or children
• Permanent disability as a result of the accident 
• Property damages 
• Wrongful death 
• Emotional distress 

“The mere occurrence of an accident is not grounds for automatic restitution; if only it were that easy. The burden of proof falls on the plaintiff to prove the circumstances leading up to it, the occurrence, and the damages they sustained,” says personal injury attorney Robert James. 

And as mentioned before, negligence forms the core tenet of such cases, epitomized by the following four elements, which you must prove: 

• Duty of care- To set course for your claim, you must prove that the defendant owed you a duty of care. For example, drivers owe a duty of care to other road users to avoid dangerous habits that put others at risk like driving under the influence of drugs and alcohol. 
• Breach of duty of care- Next, you must demonstrate the at-fault party breached their duty of care towards you, like getting behind the wheel while under the influence of drugs and alcohol. 
• Causation- Next, you must show that their failure to observe their duty caused the accident in which you were involved. For instance, the drunk driver, while intoxicated, ran a red light, t-boning your vehicle. 
• Harm- Finally, you must prove you suffered actual injury as a result, warranting medical attention for which you deserve reimbursement as well as other damages. 

The Need for An Attorney 

While it’s perfectly fine to pursue the case yourself, it is less advised, and for a good reason. The personal injury law landscape can be complex and nuanced. The success of your case is dependent on many different factors, which can be quite burdensome when handling the case alone. Working with a personal injury attorney is the best path forward. Most lawyers in this field work on a contingency basis, meaning they only get paid if you win. 

Many cases fall under the “personal injury” term in the United States. You can institute a personal injury claim if you sustain injuries from a mishap due to someone else’s negligence. The lawsuit may cover your medical expenses and other damages. 

You may have sustained injuries in an accident, and considering filing a personal injury claim, you may be unsure of what will transpire during the lawsuit. This piece highlights things that will likely happen during the proceedings. 

Starting the Claim

First, you must identify the party responsible for the damage and gather evidence against them. Working with a knowledgeable personal injury lawyer from the outset of the case is recommended. 

The lawyer will analyze your evidence to determine the validity of your case and itemize the appropriate steps for the best results. The attorney will also help you draft a formal complaint and file it on your behalf. 

Complaint Filing Process

Filing a complaint signals the formal commencement of the case. The complaint is a formal document that comprehensively details your lawsuit. 

It must contain the defendant’s name, explain the injury, and state why you hold the defendant responsible for the incident. Further, it should break down the damages you claim and back them up with necessary documents. 

The court will formally inform the defendant after filing the case. The court will allow the defendant to reply to your claims. Some possible actions the defendant might take include accepting responsibility for the matter, outright denial, or calling for a trial. 

They have the right to accept partial liability. It means the defendant will accept liability for a few damages you claimed and deny others. 

Negotiating Settlement

Most times, both parties agree to civil negotiation. It means they will come together to discuss a settlement. The process may involve some arguments between both parties as they work to protect their interests and reach a favorable agreement. 

Many plaintiffs prefer these negotiations because it helps them secure compensation quickly and minimize their legal expenses. Similarly, defendants prefer a settlement because it reduces some of their costs. Ultimately, no party wants to deal with a lawsuit. 

Hence, most personal injury cases do not proceed to trial. Allow your personal injury attorney to handle the negotiations to stand a chance of fair compensation. 

Discovery and Litigation

The parties involved in the lawsuit will begin with the discovery process during litigation. It means the two sides must share their proofs, statements, documentation, and other relevant materials to the case. This activity ensures a level playing field and prevents undue surprises during trials. 

You should expect the discovery process to take several weeks or months, depending on the complexity of the claim. The lawyers on both sides will analyze the files to help them prepare well for the trial. 

The litigation commences when parties take dispositions from all the relevant people in the issue, including the plaintiff and the defendant. The attorneys can also perform these dispositions on any relevant witnesses. The court proceedings can commence by formally reviewing the sworn statements, during which every participant will testify the recorded statement is true, complete, and accurate. 

Unfortunately, some plaintiffs think everything is straightforward, and as such, it is needless to engage an attorney. A lawyer will ensure you understand all your rights in the case and professionally assist you in getting what you deserve. The case and its complexities will determine the duration it takes. 

Damages and Compensation

Litigation will end after the judge or the jury evaluates the testimony and proof surrounding the matter. They will then make a pronouncement on the liability the plaintiff claimed in the case. 

The judge often has the final say in personal injury lawsuits. Sometimes, the jury will give you less than what a settlement would have offered. They may even deny you compensation because they believe you lack the evidence to merit it. 

The final amount you get from a personal injury case depends on the weight of your proof and the strength of your argument during negotiation. That is why you need a personal injury attorney, whether during settlement negotiation or litigation, to enlighten you on the best steps to take. 

Lawyers are experienced in such cases and will help you cover loopholes the defendant may want to exploit against you. 

Conclusion

You deserve total compensation after sustaining injuries in a personal injury accident to cover your medical expenses and other damages. However, the compensation recovery process can be tedious and complex. That is why you need a passionate and reputable personal injury attorney to guide you throughout the process. 

One of the reasons we are careful in our actions is because they affect not only us but also others. Personal injury lawsuits typically arise because one individual or group of individuals were not mindful of their actions. It can be because they were negligent or they intentionally chose to act in a way that would hurt someone else.

Therefore, if you were hurt in any event or accident caused by someone else’s negligence in Illinois, you can take legal action. However, Illinois personal injury law gives you a certain amount of time to file an insurance claim or lawsuit.

This time is referred to as the statute of limitations; once this time elapses, you forfeit your chance to get compensation. This article, therefore, looks at the statute of limitations the state of Illinois puts on personal injury cases.

The Statute of Limitations Based on the Type of Personal Injury Claim

Generally, the statute of limitations for filing a personal injury claim in Illinois is two years. However, that time is subject to a few factors, including the specific circumstances surrounding the case. Meanwhile, the timeframe starts running from the date you sustained the injury, meaning you have until your accident’s second anniversary to sue.

The types of personal injury claims with a two-year statute of limitations include:

• Car accidents
• Motorcycle accidents
• Bicycle accidents
• Truck accidents
• Pedestrian accidents
• Nursing home abuse and neglect
• Premises liability matters such as dog bites and slip and fall accidents
• Workplace accidents
• Construction site accidents
• Product liability cases
• Wrongful death

However, while two years is the general deadline for filing a personal injury claim in Illinois, some cases may require longer. For example, cases involving workers’ compensation claims, medical malpractice, and government tort claims have a longer deadline.

Workers’ Compensation

A claim for workers’ compensation is not exactly a lawsuit, but it also fits into the personal injury law. Furthermore, the claim provides an avenue for injured workers to recover compensation for work-related illnesses and injuries.

Under Illinois law, the statute of limitations for workers’ compensation benefits is three years from the date of injury. Or two years from the date you received your last benefits.

Medical Malpractice

Medical malpractice lawsuits follow the general two-year statute of limitations in Illinois but with a slight twist. That is, the rules for when the clock starts running are different from those for medical malpractice cases.

The reason for this is that some injuries do not manifest right away, and patients will need additional time to pursue compensation. Typically, the time for these cases starts running when:

1. You knew you were injured
2. Received written notice of your injury
3. Or when you should have known you were injured

Government Tort Claims

Government tort claims have the shortest statute of limitation, besides the fact that the government traditionally follows sovereign immunity. Being protected by sovereign immunity means they cannot be sued for certain types of personal injuries except under the following:

• The Local Governmental and Governmental Tort Immunity Act and
• Illinois Court of Claims Act

Therefore, if you were injured due to government negligence, or if it contributes to it, you can probably file a claim. You have:

• One year from the day you were injured to file with the Court of Claims and Attorney General
• One year from the accident date to file a lawsuit with the Court of Claims

Or, under the Local Governmental and Governmental Tort Immunity Act, you have:

• One year for willful and wanton misconduct
• Two years for medical negligence

Conclusion

When in doubt consult with a local personal injury attorney. Most injury attorneys off a free consultation so it never hurts to reach out with questions.

A vehicle crash can happen for many reasons, but if research and past surveys are anything to go by, negligence is one of the biggest factors contributing to car accidents in the US. That said, negligence on the road can manifest in many ways, such as distracted driving, tailgating, and for the purpose of this blog, running a red light.

Every year, thousands of American lives are affected by red light accidents. If drivers exercised more caution and followed traffic rules, injuries could have been prevented and lives saved. But this is not the case. In 2009 alone, approximately 676 people lost their lives and more than 130,000 sustained injuries in crashes involving red light running.

In a bid to curb this growing road threat, many states have implemented red light cameras at various intersections. In this blog, we will see how these red lights work and how they can affect a personal injury claim involving a red light violation.

What Is a Red Light Violation?

In simple terms, a red light violation occurs when a vehicle crosses the white stop line after the traffic signal has turned red. The culprit may run through a red light or they may fail to stop prudently at a red light, both violations.

Red Light Cameras and Personal Injury

Red light cameras use high-grade technology to capture video and pictorial evidence of drivers running red lights. “Sensors activate the high-definition video cameras. When a driver runs a red light, the sensors trigger the cameras to record video footage and still shots of the vehicle running the red light,” says Personal Injury attorney Christopher Largey.

The footage captured by the red light cameras can serve as essential  evidence in a personal injury lawsuit. They can act as proof of liability, making it easier for victims to seek compensation. But beyond that, are the cameras effective in reducing such accidents?

When the public becomes aware that a particular intersection is equipped with red light cameras, they are more inclined to follow traffic rules as they know their actions will be documented should they choose to be negligent. So, yes, red light cameras are an effective tool in reducing red light violations on US roads.

The Role of a Personal Injury Lawyer

If you or your loved one is injured in an accident involving a red light, you should consider seeking counsel from a qualified personal injury lawyer. With such a professional by your side, the odds of winning may be in your favor as they bring a wealth of experience to the table.

They will request the red light footage of the scene of the accident to determine the liable party. They will analyze this footage with their keen investigative skills to shed light on how the accident occurred, which can help prove liability and get you the compensation you deserve.

Most personal injury lawyers use a contingency fee structure, where you do not have to pay any fees upfront to access the service. Their payment comes from the compensation you receive should you win the case. Most attorneys charge a contingency fee of about 33 percent.

With such a payment structure, personal injury lawyers are incentivized to do their best to help you win the case as their interests are aligned with yours. It is a true win-win relationship.

Settling a personal injury claim can be quite the journey—endless doctor’s appointments and lengthy legal chats included. When that settlement check finally lands in your hands, it feels like a ray of light after a storm.

However, just as you’re about to breathe a sigh of relief, the question of taxes may start tapping on your shoulder. It’s crucial to get a clear picture so you can sidestep any issues that could turn this financial relief into another headache. 

Let’s dive in and figure out if this is all smooth sailing or if Uncle Sam is reaching for a slice of your pie.

What Is a Personal Injury Settlement?

A personal injury settlement is essentially an agreement in which the person or company responsible compensates you for any harm caused by an accident. 

These agreements might come together quietly through negotiation outside of court or result from a judge’s ruling after a trial. Either way—whether it’s hashed out over coffee or handed down by a judge—the main goal remains: to help you recover and make up for financial losses.

And here’s a bit more good news: when it comes to taxes, it doesn’t matter if your compensation was settled in a conference room or court; the tax approach stays the same.

Are Personal Injury Settlements Taxable on the Federal or State Level?

Here’s some good news: generally, no. Under the U.S. tax code, specifically Section 104(a)(2), compensation received as damages for personal physical injuries or sickness is not considered taxable income. 

This means that whether your settlement covers medical bills, pain and suffering, or lost wages due to injury time away from work, it remains yours free from federal taxes.

This provision solidly supports the idea that these funds support recovery and rebuilding—not a gain that needs taxation.

Navigating the Taxable Waters of Your Settlement

While your personal injury settlement is generally tax-free, certain parts of it could attract Uncle Sam’s attention. For instance, let’s discuss punitive damages. “Unlike compensatory damages, which are meant to make you whole, punitive damages are awarded to punish the offender and deter similar acts in the future. Because of their nature as a deterrent rather than compensation, they are taxable,” says Maine personal injury lawyer Benjamin Gideon.

Also, if you had previously deducted medical expenses related to your injury on your taxes and later got reimbursed through your settlement, that reimbursement may become taxable income. Another aspect is interest on the settlement amount accrues from the time of the incident until it is paid.

Should You Report Your Personal Injury Settlement to the IRS?

Even though a good chunk of your personal injury settlement is probably tax-free, it’s still smart to keep the IRS informed. Here’s a handy tip: be open and report every part of your settlement. This helps you clearly outline what’s taxable and what isn’t.

By keeping detailed records—from the non-taxable compensatory damages for physical injuries to the taxable punitive damages—you’re setting up a solid defense against any future queries or issues with the IRS. 

If you ever find yourself scratching your head over this, don’t hesitate to contact a tax professional who can tailor their advice to your specific situation and ensure everything is reported just right.

Wrap Up

Navigating the ins and outs of personal injury settlements and their tax implications does not have to feel like a trek through uncharted territory. When it feels as if you are overwhelmed, reach out to a skilled attorney or tax advisor that can provide you with some much-needed clarity.

Car accident victims often find themselves anxious and confused after the ordeal—as they should be. Apart from the physical injuries, car accidents can destabilize victims’ mental health in more ways than one. Moreover, an overwhelming feeling of dread can be expected when considering the damaged car and dealing with an insurance company.

The good news is that you can seek compensation if you have suffered injuries in an accident caused by the other driver’s negligence. According to Pennsylvania law, you can file a claim for compensation to recover your losses.

However, to win the case, you will need the help of a qualified car accident attorney in Pennsylvania. Therefore, as you research for an attorney to represent you, here are some things to look for.

Background With Car Accidents

Legal practitioners focus on different fields of law; we have divorce lawyers, bankruptcy lawyers, and intellectual property lawyers. For the most optimal outcome in your case, you need a lawyer who has knowledge and a background in car accident cases. Such a lawyer will be effective in fighting for justice on your behalf due to their years of experience handling similar cases.

You cannot consult a dermatologist for an eye defect; you do not want a divorce lawyer handling a car accident case. Furthermore, ensure you evaluate the aspect the attorney is knowledgeable in and if they can take your case to trial. You want to avoid a firm that will pressure you to settle for less than your case is worth it.

Communication

You may need help understanding the legal jargon used in a meeting, but that does not mean you should be in the dark. This is your case, and you must be 100% involved, not leaving the decision-making to your lawyer. Therefore, when choosing a lawyer, ensure you are okay with their communication style; it must fit your needs.

Furthermore, firms and lawyers have different communication styles. In some firms, clients work with attorneys directly, communicating primarily through texts. Other firms and lawyers let their clients talk primarily with a paralegal or another support staff member, although they have sporadic conversations.

You get to decide on the firm or lawyer with the communication style that suits your needs. Therefore, confidently ask any prospective attorney about their communication with clients and whether or not the lawyer will handle your case personally.

Fee Agreement

You most likely need more money to pay an attorney, which is one reason many do not retain one. However, many law firms in Pennsylvania offer free consultations where they evaluate the case, listening to the facts. Then, they advise their client on whether there is a justification for a claim or not.

Furthermore, most car accident attorneys in Pennsylvania offer their services on a contingency basis. That means they only collect legal fees or expenses if they help you obtain the compensation you seek. Then, you will both agree on what percentage of the compensation the attorney will receive before any representation begins.

Conclusion

“It is normal for some accident victims to be indifferent about whether they need a lawyer for several reasons, including cost,” says Attorney Andrew Statmore of Fredson Statmore Bitterman. While it is not a prerequisite, retaining a lawyer can benefit you, including helping you better understand your rights. Furthermore, if it seems you have a meager winning chance, having a lawyer can turn those odds in your favor.

On March 22, 2024, a school bus carrying a group of Pre-K students traversed the scenic roads of Bastrop following an educational excursion to the local zoo. 

Sadly, things take a serious nosedive into tragedy when their school bus collides with a concrete truck in one horrific head-on smash-up. This catastrophe sadly took some innocent lives and left others grappling with deep scars.

Caught up in this gut-wrenching scenario was one heroic teacher’s aide who stood up amidst the chaos. She is now spearheading a legal battle against both the driver whose truck turned their day upside down and his higher-ups at F.J.M. Concrete. 

Chaos Unfolds on a Joyful Journey Home

Here is how it all went down: The kids from Tom Green Elementary were riding back home along SH 21 after a cool day out. However, in a snap, things flipped literally and figuratively. 

While driving his F.J.M. Concrete truck, Jerry Hernandez swerves unexpectedly right into their path. The school bus did not stand a fighting chance against such a heavy hitter; it got slammed hard and heaved over on its side.

Lives Changed Forever

A day that should have ended with bedtime stories about zoo adventures shifted to a news story no one wished to hear. Among the joyful kids was five-year-old Ulises Rodriguez Montoy, who did not make it home that day.

33-year-old Ryan Wallace, who had been following behind the ill-fated school bus in his own vehicle, also lost his life in the crash’s aftermath.

Deborah Serna, the teacher’s aide, suffered multiple severe injuries, including back fractures. Her current focus is exclusively on recuperation and medical treatments, a significant departure from her previous role centered on education and child development.

Driver’s Recklessness and Arrest

Jerry Hernandez, the truck driver, was arrested and slapped with charges of criminally negligent homicide. Turns out, he admitted to smoking marijuana the night before and using cocaine just hours before that disastrous drive.

“Driving under such influence is not just irresponsible. It is downright dangerous, and Hernandez might be staring down some pretty severe consequences under Texas law,” says Texas personal injury lawyer Felix Gonzalez of the Felix Gonzalez Accident & Injury Law Firm.

Seeking Justice

Moving forward, Deborah Serna has filed a personal injury lawsuit against both Jerry Hernandez and his employer, F.J.M. Concrete. She is asking for upwards of $1 million, citing staggering medical bills and lost wages.

Under Texas statutes, Hernandez is directly on the hook for his impaired actions behind the wheel. F.J.M. Concrete is also facing scrutiny for their sketchy hiring practices; knowing well about Hernandez’s substance misuse issues yet still letting him drive poses a huge red flag on their end.

Legal Repercussions and the Call for Safer Roads

The personal injury lawsuit initiated by Deborah Serna is likely just the beginning, with expectations of more legal actions surfacing from this horrific event. Defendants Jerry Hernandez and F.J.M. Concrete are facing not only a strenuous court struggle but also potential deep cuts to their finances and reputation. 

Beyond the courtroom, this case could be a catalyst for tighter regulations within the trucking sector, particularly focusing on more stringent driver screening and monitoring practices—a hopeful stride towards enhancing roadway safety for everyone.