Personal Injury Lawsuit: Knowing the Stages, Part II

Posted on May 24, 2013 by Matt Powell

Matthew Powell

1330873_courthouseIn part one of this two part blog, I mentioned the first three stages of a personal injury lawsuit.  I will now cover what comes next.  This begins with motions.

Motions. These are requests made of the courts by your lawyer, asking that a ruling be made.  Pre-trial motions can end the case entirely, should the court make a ruling to do so.  This is referred to as a dispositive motion, such as a motion to dismiss.  In many instances, however, the lawyer is not asking that an overall judgment be made, but just that the judges rule on some particular component of the case, as there are often points that are argued between lawyers throughout the pre-trial phase.

Settlement. A large number of lawsuits never make it to the courtroom.  This occurs because a settlement is reached between the two parties before there is need for judge and jury.  A settlement is made when the plaintiff agrees that he or she will not file nor seek further litigation against the defendant regarding the incident in question if the defendant pays an agreed upon amount of damages.  These are often mutually beneficial agreements because it keeps both parties out of the courtroom, ensures that the financial needs of the plaintiff are met, and that the defendant can wash his or her hands of the mess.

The Trial. When a settlement cannot be reached and a motion to end the case is not granted by the courts, then the trial moves forward.  In court, both parties are provided the opportunity to present their evidence and make their arguments.  Before that can happen, however, a jury must be chosen and a date of trial must be set.  This can take quite a long time in many cases.  Eventually, however, the case will be heard, decided upon, and a verdict will be announced.  Depending on the outcome, there may be the right to file an appeal.  Otherwise, damages are paid and the parties go their separate ways.

Matthew Powell

Posted in Personal Injury, Settlements, The Courtroom | Tagged , , , , , , , | Leave a comment

Personal Injury Lawsuit: Knowing the Stages, Part I

Posted on May 22, 2013 by Matt Powell

Matthew Powell

696489_meeting_room_3If this is the first time that you have had to meet with a personal injury attorney or if you are only just beginning to consider the filing of a lawsuit, then you likely have a lot of questions.  There are several steps in the process of suing and collecting damages from a negligent party, whether it has to do with slip and fall, a Tampa auto accident, or medical malpractice.

Meet With Attorney. The first step, always, is to establish contact with a well-respected, well-trained attorney familiar with cases similar to your own.  Ask for references from those who have gone through the process before, do your research online, and interview a few different attorneys before selecting the lawyer best suited to fight your case for you.  You should feel comfortable with this individual, and he or she should be able to answer all your questions, or at least be willing to inquire on your behalf when it is outside his or her area of expertise.

Filing Initial Paperwork. Once you have selected an attorney and he or she has agreed to take your case, there are a number of papers that will have to be filled out and filed with the court to begin the case.  These include a formal “Complaint” or “Petition.”  It outlines what occurred, how, and why the plaintiff feels that the defendant is responsible.  This statement is presented to the defendant when he or she is alerted of the lawsuit.  The “Summons” is the second form of documentation and it is the formal notification sent to the defendant.  There will be much more paperwork to come as the case unfolds.

Discovering Evidence. Once the case has been filed, a big effort must be made to collect all meaningful evidence related to the incident.  This can include witness testimony, pictures taken at the time, police statements taken, and much more.  This will also involve depositions, or sworn statements, by the plaintiff and defendant.  Depositions are often taken from witnesses as well, which allows attorneys to judge how well they will perform on the stand.

These are just the first three phases of the lawsuit process.  In the next post, I will quickly cover motions, the settlement process, and what to expect during the actual trial.

Matthew Powell

Posted in Personal Injury, Settlements, The Courtroom | Tagged , , , , , | 2 Comments

Assault and Battery: What the Defendant Will Face

Posted on May 20, 2013 by Matt Powell

Matthew Powell

717520_knife_in_handOf all of the personal injury cases that lawyers face, often the ones that carry the most weight are those involving assault and battery.  It is hard to listen to some of the stories that victims tell of the abuse that they faced at the hands of another.  When a person is accused of assault and battery, he will likely face two different courtroom cases, which some consider a sort of justice in itself. 

Assault is defined as an intentional threat of violence against another.  Battery occurs when that threat is acted upon.  When a person is arrested for either of these offenses, he will face criminal charges and could also be brought to personal injury court by the victim.  Evidence is collected by lawyers of both cases.

The punishment assessed in the criminal case will depend greatly on the state in which the offense occurred.  In some states, the guilty party will face imprisonment, while in other areas of the country, fines are assessed and there is little or no time spent behind bars.

In Florida, a person found guilty of assault can be sentenced to 60 days in jail and fines of approximately $500.00.  However, if the offense is ruled “aggravated assault,” which is to say that the person did not just make a threat, but fully intended to harm another and made failed attempts to do so, then the 60 days in jail makes a significant jump to up to five years and up to $5,000 in fines.  Battery cases vary significantly as well, but a person can face up to 15 years in jail and $10,000 in fines, depending on whether it is considered aggravated battery, if it was a first offense, and the degree of harm done.

While it is good that the justice system intends to penalize parties guilty of assault and battery, a victim cannot collect any damages unless a personal injury lawsuit is filed.  If this is done, then it is possible to cover medical expenses, lost wages, and, the court may even award money for pain and suffering due to threats and injury.

Matthew Powell

Posted in Personal Injury, Settlements, The Courtroom | Tagged , , , , | Leave a comment

Are You Negligent . . . at All?

Posted on May 17, 2013 by Matt Powell

Matthew Powell

695095_st__pete_pierThere are many terms that you will likely experience for the first time when you take on a personal injury lawsuit.  Whether you slipped and fell, suffered a Tampa auto accident, or were subjected to a faulty product, when you sue with the hopes of collecting damages from another, you will be exposed to the term “negligence.”

This is not a difficult term to define.  It is a synonym of guilt.  The trouble comes with trying to decide which party or parties carry guilt, or negligence in the case.  Consider, for example, a car accident.  The person responsible is not always clear.  One party decided to hit the roads without his seat belt fastened.  Another driver fails to yield the right-of-way when merging onto the highway and there is an accident that ejects the first driver from his car.

While the majority of the negligence will be placed on the driver who failed to respect the rules of the road, the injured party also carries some guilt because had he been buckled in, his injuries likely would have been less severe.

In other cases, the assigning of negligence is even more difficult.  In a slip and fall case, for instance, is it the fault of the employee who failed to clean up a known spill, the owner of the property, the owner of the franchise, or the victim who failed to pay attention to where he stepped that should face the most blame?

It is important to understand how the courts think about negligence and how their decision of who carries what percentage of guilt will impact the awarded damages.  These are topics that should be discussed at length with your personal injury attorney.  You should be prepared to face the fact that, even as the injured party, you may be partially responsible and that could play a big role in what the courts are willing to award for damages.

Matthew Powell

Posted in car accidents, Jury - Why the Jury is so important, Personal Injury, Settlements, The Courtroom | Tagged , , , , , , , | Leave a comment

Airbag Failure and What It Could Mean to You

Posted on May 16, 2013 by Matt Powell

Matthew Powell

223790_interior_car_details_4We feel safer in cars today because we know that there are certain improvements that have been made in safety devices, including seat belts and, of course, airbags.  However, it was documented that in 2004 nearly one and a half million recalls were related to airbags.  Many suggest that the ever-improving systems are actually making things too complicated.  Advancements in safety devices in the car have led to more complex systems, which suggests that there are also more components that could fail in a Tampa auto accident.  There are also limitations on what the car designers and manufacturers can do.

Air bags have been developed to best protect the person of 5’9” and 180 pounds. Choosing an average height and weight would protect the largest number of drivers and passengers.  This is the thinking of the experts who developed the airbag sensors.  However, those who are significantly shorter, taller, heavier, or lighter may not be as well treated when an airbag deploys.  For this reason, children should always sit in the back seat.  Even if the airbag can be turned off, there is still the chance that it could malfunction, deploy, and send 2,000 pounds of force at 200 miles per hour directly at the child’s head and neck.

Engineering specifications have also made it possible to dictate to the system exactly when the safety devices are required.  Airbags are meant to deploy only when the car is travelling at or above a pre-defined speed.  Should it deploy when the car is moving at slower speeds, the impact of the airbag could do more damage to the passengers than the accident would.

Typically, an airbag failure is related to a poor sensor.  There are often multiple airbags in vehicles today, including those at the sides of the cars.  Each is meant to deploy only under certain situations.  However, when a sensor fails, an airbag can deploy when it shouldn’t.  This can lead to broken ribs, whiplash, and other serious injuries.  In other instances, a bad sensor means that the airbag doesn’t deploy when it should and that can leave the driver or passenger prone to any number of serious, potentially life-threatening circumstances.

Matthew Powell

Posted in car accidents, Neck Injuries, Personal Injury, Settlements, The Courtroom | Tagged , , , , | Leave a comment

Scary Motorcycle Statistics

Posted on May 13, 2013 by Matt Powell

Matthew Powell

968430_motorcycle_boyJust in time for the busy motorcycle season, I want to whip out some very scary statistics.  This is not meant to deter you from enjoying a ride, but it is meant to remind you of the dangers you face and the ways in which you can reduce the risk you take.

All too often, Tampa auto accidents involve a motorcyclist.  This is an even more common occurrence at this time of year, when the bikes are hitting the road in greater numbers again.  One must be aware of how great the dangers are for a motorcyclist.  In accidents involving a bike and a passenger vehicle, 98 percent of the time, the person killed in the crash will have been a rider on the motorcycle.  And, 80 percent of all motorcycle accidents will result in serious injuries or death. 

There is so little to protect a person riding on two wheels and that leaves him or her at much greater risk of injury.  In order to try to avoid as much of those dangers as possible, there has been an effort to create clothing and helmets capable of holding up against sudden impacts.  DOT (Department of Transportation) approved helmets have gone a long way toward preventing fatal outcomes.  In fact, in 2008, nearly 2,000 lives were spared as a result of motorcycle helmets and today’s motorcycle apparel is made in heavy duty material or leather than can prevent the road rash and wounds possible otherwise. 

Not even helmets, though, can withstand all impacts.  Motorcyclists under the age of 40 years are 35 times more likely to be killed on the highway than people of the same age behind the wheel of a passenger vehicle.  Three-quarters of the accidents that riders will face, too, will be with a moving object.  Even if death is avoided, often crash victims will face permanent nerve damage, dislocated joints, disfiguration, or crushed bones.

There is so much risk being taken as soon as you take to the road on a motorcycle.  Be sure that you are obeying traffic laws, are not under the influence of alcohol, have dressed in the recommended clothing and helmet, and stay vigilant.

Matthew Powell

Posted in car accidents, Personal Injury, Settlements, The Courtroom | Tagged , , , , , | Leave a comment

Five Things You Should Know Before Calling An Attorney

Posted on May 10, 2013 by Matt Powell

Matthew Powell

1114928_your_numberThere are a number of things that attorneys would like every potential client to know before the first appointment.  However, for those new to the world of law or experiencing their first need of a personal injury lawyer, these facts are far from common knowledge.  In order to help you as you prepare your first case for the courtroom, here are a few of those pieces of information.

1. Expect It To Take Time.  Court cases are not won overnight.  It is really important to understand if you are going to file a lawsuit that you will likely be dealing with the details of that case for several months or even a full year.  If you type the question, “how long does it take to settle a personal injury lawsuit?” you will see a wide variety of sites offering to assist you in estimating that timeline.  The truth is, however, that every case is different and even the best attorney can’t give you an absolute answer.  There are many factors that weigh into the equation, including whether or not you will be willing to accept a settlement instead of going before a judge and jury.

2. Be Prepared to Tell the Truth.  Chances are that facts about your history that even you have forgotten about could come up during a lawsuit, especially one that pins you against a large corporate entity.  So, it pays to be upfront and honest with your attorney.  That way, he or she is not caught off guard in the courtroom.

3. Sum It Up.  When you call the attorney to schedule a first meeting or discuss matters later in the case, do not leave details on the answering machine or voicemail.  It is much better to leave a very brief message and wait for the return phone call or face-to-face meeting to discuss the details. 

4. Make a List.  Before coming to an attorney’s office for the first time, have some idea of what you hope to accomplish.  Know what questions you want to ask before you arrive.  This shows the lawyer that you are prepared, sincere, and professional.  It also helps to ensure that you and your attorney are on the same page from the very first meeting.

5. It May Be Time for a Shopping Trip.  When you have to appear at the courthouse or at a deposition, you will want to look professional.  This means dressing in an appropriate manner.  Ill-chosen clothing can turn judges, juries, and others off to you immediately.

Matthew Powell

Posted in Personal Injury, Settlements, The Courtroom | Tagged , , , , , | Leave a comment

Why Is My Case Considered High Risk?

Posted on May 8, 2013 by Matt Powell

Matthew Powell

36322_peopleIf you have recently suffered an injury or loss as a result of another person misbehaving or making a mistake, then you know how frustrating it can be.  However, even more troubling is when a lawyer gives that look of sympathy followed by a short summary of why he or she cannot take on your case.  While you always have the option to seek out another lawyer, and another still until you find someone willing to file the lawsuit, it is better to understand the hesitation on the part of the attorney.

There are a number of reasons why a lawyer would turn down the case.  Generally, a professional makes this decision because he or she feels that the chances of winning the lawsuit aren’t good.  Seeing as how most attorneys do all the legwork without getting paid unless you are paid damages, it is understandable why attorneys don’t make a habit of taking risky cases.  But, what makes your case risky?

Partial or Full Liability. If the lawyer believes that the judge or jury is likely to place a portion (or all) of the blame on your shoulders, then the chances of receiving damages are slim to none.  If during a Tampa auto accident, you were texting, holding a phone to your ear, or were otherwise distracted, for instance, there is a good chance that you will have to, at least, share the blame with the defendant.  In some instances, the police make mistakes.  If you were labeled the “at fault” driver in the police report – even falsely – it would be very difficult to prove otherwise in the courtroom.

Little or Nothing to Be Gained. Court cases can take a long time to settle.  Throughout that time, a lawyer is generally performing numerous tasks and shelling out funds with the expectation that those costs will be repaid when damages are paid at the completion of the case.  So, if you stand to collect very little, even if you win your case, a lawyer might turn it down.  If the payday isn’t going to cover the man power and expenses that went into ensuring a win, then it simply doesn’t make financial sense for the lawyer to participate.

These are just two of the reasons that an attorney might turn you away.  Remember, you always have the right to approach another lawyer, but, in the meantime, if you are unsure why your case is being turned down, be sure that you ask.

Matthew Powell

Posted in car accidents, Personal Injury, Settlements, The Courtroom | Tagged , , , , , | Leave a comment

What You Should Know Before Getting Behind the Wheel

Posted on May 6, 2013 by Matt Powell

Matthew Powell

75579_drunk_drivingIf you are very mindful of avoiding a Tampa auto accident and a personal injury lawsuit, then you are likely very careful on the road.  However, even if these thoughts haven’t crossed your mind, there are times when you should be aware of what your actions could cost you on the road.  When it comes to having a drink and jumping being the wheel, you are taking great risks with your life and the lives of others.

While the danger to your safety should be enough of an incentive to find another ride home, perhaps you need a little further convincing.  So, let’s talk about what you stand to lose if you are pulled over.

First Time Offenders.  Even as a first offense, driving while under the influence is a very serious crime.  The first thing that most people will mention is the fine.  While $250, or even $500, will certainly hurt the wallet, those who blow over a 0.2 BAC can face fines closer to $1,000 and stand to lose much more.  The judge will often sentence a first offender to 50 hours of community service and a year’s worth of probation. Depending on the severity of the offense, the person could also be sentenced to jail time, may have his vehicle impounded for ten days or more, and could even lose his license for half of a year or longer.

Manslaughter.  It only takes a single offense of DUI for a person to commit the ultimate crime.  Driving while drunk slows reaction time, disrupts the decision-making process, and significantly diminishes hand-eye coordination. The likelihood of something horrible happening is greatly increased.  When a person is killed because another person chose to drive drunk, the offender can face a serious penalty.  Among the other things mentioned above, fines will likely be steeper, probation will be extended, and jail time will undoubtedly be mandated.  A single moment’s bad decision could mean up to two years behind bars and a lifetime of regret.

Matthew Powell

Posted in car accidents, Personal Injury, Settlements, The Courtroom | Tagged , , , , , | 1 Comment

Avoid a Tampa Auto Accident: Know Your Dash Lights

Posted on May 4, 2013 by Matt Powell

Matthew Powell

959293_digital_dashboardThere are so many lights, buttons, knobs, and controls in the personal vehicle today that a person can become overwhelmed.  I have personally ridden with people who don’t know what a particular button is for, or who haven’t yet figured out how to set cruise control in their new cars. 

While being forced to maintain one’s own speed certainly isn’t a horrible thing, there are aspects of your vehicle that you should be familiar with before you start out of the driveway.  Among them are the tiny lights on your dash.  They could, after all, save your car and save your life.

Oil Pressure Light. This light can take two different forms.  In many cars, it is simply the word “OIL” written out on the dash, which then lights up when trouble is brewing.  In other vehicles, it is a picture of a small oil can that performs the same duty.  This is a light that should not be ignored.  When it is illuminated, there is very likely a serious mechanical issue that must be dealt with ASAP.  You must pull off the road, get to a safe place, and stop the car immediately.  Driving further can cause irreparable engine damage.

Engine Temperature. This warning sensor will appear as a small thermometer or the letters “TEMP” and will, again, light up when there is trouble.  In this case, the issue at hand is related to excessive heat within the engine block.  Too much heat can spell serious trouble for the working components of the car and eventually lead to complete engine failure.  This is often the result of a leak in the cooling system.  It is best to get to the side of the road and out of harm’s way as soon as possible.  It may be possible to reduce the heat at the core of the engine by cranking your heat in the car (be sure it is turned up to the hottest setting and turn on the fans).  This is not a solution, however, but only a way of reducing the impact until you reach a safe stretch of road and can pull off.

Check Engine Light. Depending on the vehicle that you drive, you may see a little line drawing of an engine or the works “CHECK ENGINE” on your dash.  Regardless of what symbol you see, when it lights up, you should contact a repairman.  As long as the light is on and steady, there is no need to hurry to the side of the road, but you should get to the repair shop as soon as possible.  If the light begins to blink, however, the situation is more serious.  Go directly to the nearest auto shop and park it until it can be repaired.

Matthew Powell

Posted in car accidents, Personal Injury, Settlements, The Courtroom | Tagged , , , , | Leave a comment