Class Action Lawsuits

A class action is a process for resolving lawsuits where multiple plaintiffs have experienced the same or similar injuries from a defendant, and is appropriate in many cases where a group of people are injured in the same event, such as when an automobile collides with a bus, or when a defective product enters the marketplace.  Particularly when dealing with a defective product, these injuries may extend into the hundreds or even thousands before the product is removed from the marketplace.  Rather than forcing the defendant to litigate the same claims over and over again, or clogging up the courts with multiple lawsuits, all of these cases can be combined into one class action and resolved in one trial. Class actions are time and resource-intensive endeavors, requiring a great deal of work on the part of the legal team.  Even though the factual and legal issues of each separate case are similar in a class action, the litigation is still quite complex compared to a case involving a single plaintiff and a single defendant arising out of a single incident. personal injury law

Opt-Out Option

In most cases, potential members of the class are notified of the pending lawsuit and given the opportunity to opt out of the class action, meaning that they will receive no part of the settlement, but they retain the right to sue on their own.  Those that sue on their own, however, have to go through the time, effort, and expense of a lawsuit, usually against a much larger party with superior financial resources.  To join the class action on the other hand, the member must only wait for his or her share of the settlement. While the class action is a boon for the efficient administration of justice, it is not always the best choice for an injured individual.  If your particular injuries are more serious than those of the average class member, your share of the settlement may not fully compensate you for the damages you have suffered.  In fact, the amount an injured plaintiff receives in a class action settlement may only be a fraction of what he or she would receive if victorious in a single-plaintiff lawsuit.  Additionally, the particular facts and circumstances of your case may make it more advantageous to file your own lawsuit.  These matters should be discussed with a qualified attorney before accepting or rejecting membership in a class action lawsuit.

Our attorneys can help you evaluate your case and determine whether you should join a class action or opt out and file your own lawsuit.  Where a class action is appropriate, we can work to have a class certified and litigate the case with you as lead plaintiff.  If you have received notice of a proposed class action, or have been injured in an accident that may involve multiple plaintiffs, contact our office for a free consultation to discuss how best to proceed. More Information on this website

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Car Accidents Lawyer – Personal Injury Attorneys

Medical Treatment

Medical Treatment and Your Case.

The type and amount of medical treatment you receive is an indication of the seriousness of your injuries. The client who receives $500.00 worth of medical treatment will not, as a general rule, receive the same settlement as a client with $5,000.00 in medical treatment. Most insurance companies grade the seriousness of injuries as minimal, slight, moderate or severe. A minimal injury is one in which the client has $1,000.00 or less in medical treatment to cure the injury. A slightly injured client has over $1,000.00 to $3,000.00 in medical treatment. accident injury lawyersA client with medical treatment expenses over $3,000.00 to $5,000.00 is moderately injured. Medical expenses in excess of $5,000.00 shows severe injury. Use the following rules as a guide to your medical treatment.

Follow the Doctors Advice

You should accept the type and amount of medical treatment the doctor recommends. Some types of treatment may appear not to help at first. Often the doctor may change the type of treatment for better results. Keep in mind your doctor has been chosen for the doctor’s competence in treating your injuries. Any question as to whether you should continue medical treatment should be directed to the doctor.

Do not Understate Your Complaints

Each time you see your doctor tell the doctor: 1. The location of your pain; 2. The amount of pain (slight, moderate or severe); 3. What you can not do (disability); and, 4. What you do to relieve the pain. Do not tell the doctor you “feel fine” if you have pain. The doctor cannot help you if you do not tell the doctor your complaints. Do not expect the insurance company to pay for your pain if you say you “feel fine.”car accident attorneys

Do something About your Pain

The insurance company has a very simple rule. The rule is “If it is important enough for you to see a doctor for your complaint, is important enough for you to be compensated for the complaint.” In other words, the failure to treat with a medical doctor (according to the insurance companies) means that you must not be that hurt! If you are in pain you must appear to be trying to get well (mitigating damages). That means going to the doctor for help. If the doctor releases you from therapy and you are still in pain return to the doctor. You know how you feel better than anyone else. Return to the doctor as soon as possible if you are still having pain. If you wait a year to return back to the doctor, it will appear to the insurance companies that you “must have a new injury,” or you are trying to embellish your injuries. Use your common sense, if you are hurting from your injuries, see your doctor!

If you want to find out more about how we handle cases and the process call us for a free telephone consultation.

louis-arnold February 26, 2019 Blog Leave a Comment

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If You Have Been Hurt An Accident Attorney can Help You

If You Have Been Hurt An Accident Attorney can Help You

Getting into an auto or on the job accident can cause many problems for the victim and their loved ones, from personal life-long injuries to possible legal battles and charges. An accident lawyer can assist you in the legal aspects of covering medical expenses, possible job loss or layoffs, auto repair, and other potentially life-changing circumstances that only an accident attorney has the skills and know-how to help you through this difficult time in your life.personal injury accident lawyer - wrongful death

The Importance of Having a Good Accident or Personal Injury Lawyer

Medical bills can run into the hundreds of thousands of dollars. An attorney can have your insurance cover these costs, or in the case of an on the job accident, have your employer/company pay your medical expenses. More here

All too often unsuspecting people get caught in the trap of believing that it would be more expensive to hire a lawyer than it would be to make a small settlement with the person who caused their accident, but this is simply untrue and the victim is left paying all of these expenses out of pocket anyway. Most accident lawyers are paid based on commission, and will only get paid if they win your case.

Job loss is another sad story that we hear time and time again from on site accidents and unfortunate victims who get into auto accidents and can’t make it to work. Without a lawyer, it’s extremely hard to convince an employer to make up for lost wages. Likewise, most employers will fight your unemployment tooth and nail and having an accident lawyer at your side will make the process so much easier to handle.

Accident lawyers can also help you file for disability if your injuries prevent you from working for a certain period of time, or if you sustain a life-long injury such as a back or brain injury that puts you out of the work force for good.accident lawyers

Whether you are the one responsible or the victim in this particular circumstance, auto repair is another factor to consider when looking for an accident lawyer. Auto damages can range into the hundreds to thousands of dollars, and if you are deemed responsible for the accident you could be paying out of pocket.

Sometimes even the victim is deemed responsible in not so open and shut cases and has to pay exorbitant amounts of money out of pocket simply because they didn’t hire a good accident attorney. Don’t be that person.

When Selecting an Accident Lawyer

When you select legal representation to prepare your case to the courts, there are several important factors to consider.

Rates: For some, the rates charged by personal injury lawyers can be a deciding factor, most attorneys will cost you at least $150 per hour.
Experience: You should also make sure that your attorney has extensive experience with the type of injury or accident you have incurred.
Reputation: You can always check out peer-review websites to assess the capabilities of an accident lawyer in your area. You can also take the word of people you know who’s cases were successfully won by said law firm or lawyers.

Personal Preference: Finally, it is crucial that you trust and feel comfortable with the attorney you choose. Your livelihood could be at stake, and your accident attorney will be your closest friend and most trusted confidante during these proceedings.
Being involved in an accident can be an extremely difficult ordeal for anyone. If you or someone close to you has suffered an injury, the best course of action is to find a personal injury lawyer that meets all the requirements mentioned above. No matter what happens, you deserve fair legal representation in the court system. Please visit this website

louis-arnold February 20, 2019 Blog Leave a Comment

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