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How Are Future Medical Expenses Calculated In A Personal Injury Settlement?

With respect to future medical care, it is handled by medical expert advice, usually in the form of a letter stating the nature of your injuries, and what type of medical care you are going to need in the future because of your injuries. The medical doctor will look at your life expectancy and do costs projections whenever they can and put it in the narrative letter to your attorney. Future medical care may then have to be analyzed by another expert to determine the value of that future medical care because most doctors do not have a grasp on the specifics of the value of future medical care. Sometimes, you will have to have someone...

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What Can Someone Do To Help Their Personal Injury Claim?

The most important things you can do in a personal injury claim is first making sure that the police are called to the scene of any accident and issue a police report. Secondly, you need to seek prompt medical attention for any injuries no matter how slight, or severe, and make sure that all injuries no matter how slight, or severe are accurately, and completely reported to all healthcare providers. Most of the time, it is the emergency room providers that you are reporting your medical concerns to. The third most important thing is following up on any medical care after the initial attention has been provided to you. If you do not...

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How Is My Personal Injury Attorney Paid In A Settlement?

Most personal injury lawyers are paid on a contingency fee basis, which basically means that if they are able to make a recovery on your behalf, either through settlement or litigation, then they will be paid a percentage of that recovery after advanced expenses are reimbursed to the law firm. Advanced Expenses are those sums of money that are paid by the law firm before settlement or litigation in order to put your case through the process of settlement or litigation. Advanced expenses are for things like getting medical records together and getting narrative reports from the doctor. The lawyer’s fee is calculated on a percentage...

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How Are Settlement Amounts Calculated In Personal Injury Cases?

A settlement amount is calculated based upon estimates made by the parties in terms of what a jury in the associated jurisdiction is likely to award for the particular case. There is no mathematical formula for calculating personal injury damages, aside from adding the medical bills, lost wages, and an estimation of what a jury might award for pain and suffering. There are other types of damages, but you need to talk to your lawyer to see which you may be eligible for. How Do You Calculate Damages For Pain And Suffering? Pain and suffering damages are not determined by a mathematical formula. Instead, they are dependent upon the quality...

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What Is Maximum Medical Improvement In A Personal Injury Case?

Maximum medical improvement is a term that’s used by doctors to identify the time when you have plateaued in your medical treatment. In other words, it is meant to say that you are not likely to get better or worse absent medical care. It doesn’t mean that you aren’t going to need any medical care at all, because many people need long-term pain management and other forms of treatment to deal with disabilities. It simply means that you have stabilized and are not likely to get better or worse. When you reach the point of maximum medical improvement, your attorney will start to gather the documentation necessary to support your case...

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Why Should I Settle My Personal injury Claim?

If an insurance company is unwilling to pay the true value of the claim, then it might not be in the client’s best interest to settle. In those cases, it is sometimes best to go to trial rather than accept a very low offer or other conditions of settlement, such as the unwillingness of lien holders to reduce their lien. For example, sometimes you get an offer that’s a reasonable sum of money, but there are liens attached to the case that need to be paid back. Those liens could reduce or completely eliminate the total settlement amount. Sometimes you have to litigate the claim to have the court decide the value of those liens, even...

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How Long Does It Typically Take For A Wrongful Death To Get Resolved?

The time it takes to resolve a wrongful death case depends on the nature and extent of damages, how long it takes to discover all of those damages and then quantify them to the satisfaction of the insurance company to make a reasonable offer of settlement. In the course of litigating a wrongful death case, there really isn’t any different timeline than any other civil lawsuit, and in Kansas, a wrongful death case, from the date of filing to the date it’s tried successfully before the court, is usually within one to two years. In the process of settling a wrongful death case, it’s usually a shorter timeframe than a civil cause of action...

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How Is The Amount Of Damages Determined In Wrongful Death Cases?

The amount of damages is generally dependent upon factors, such as the size of the family and how much support the deceased was providing that family. Emotional, physical and monetary support make up the particular element of each type of damages listed in K.S.A. 60-1904. In order to calculate each one of these damages, you have to assess each case on its merits in terms of the type of mental anguish, suffering and bereavement that was suffered and explain to a jury how your case is different in regard to that particular damage and try to quantify the significance of that particular type of damage. Damages are based, to some extent,...

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What Is A Wrongful Death Claim?

A wrongful death claim is a lawsuit due to the death of a person caused by negligence or acts of misconduct by another, and under Kansas statutory law, the person who caused the death is responsible for their conduct, either through their negligence or through their intentional acts. They are legally responsible for the damages caused to the family of the person who died. A wrongful death cause of action or claim is for the damages caused to the family, and all of this is governed by article 19 under chapter 60 of the Kansas Code. It’s all a matter of statute, and so in order to understand how these wrongful death claims actually...

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Detailed Injury Descriptions

Most of the time when I review my clients’ medical records I notice that the doctors will often be extremely short in their description of the patients’ injuries. Most doctors do this to save time and money, but ultimately this may destroy your case. The history and descriptions you give your doctor about your medical condition must be detailed, truthful and complete. I actually have an eight-question worksheet that I have most of my clients use to assist them in telling the doctor what the doctor needs to know about their history and description of their injuries. If you would like to see that worksheet, click here for a print-friendly...

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Bill Thought He Was Illiterate… Until He Discovered The Truth!

In my profession I don’t get called on to make medical pronouncements often. I’ve sent plenty of clients to doctors. But it’s rare that I make the diagnosis myself. First of all, I’m not qualified as a doctor. Second of all, I have enough trouble deciding whether a cold is really a cold or the onset of the flu. So, I leave the diagnoses to professionals. But Bill’s case was different. Bill came to my office in the spring of 2009. He was well-dressed, well-groomed and had a pleasant, outgoing personality. To all appearances, Bill was no different than you or I. But Bill had a nervous disposition that became more pronounced whenever...

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Medical Problems You Hide from Your Doctor

Everyone has something they’d rather not share with their doctor. A cough that’s probably nothing. An occasional dizzy spell. A mole you’d like to forget. What usually happens? We keep it to ourselves and everything seems fine. Until it comes back to haunt us. If you’ve filed claim for a work-related injury, accident or other type of injury (even if you haven’t) symptoms you keep to yourself can really come back to haunt you! Let’s say you hurt your shoulder on the job. I had a client like that last month. Let’s call him “Johnny.” Johnny had severe shoulder pain from a fall at work. He told the doctor all about it. But he never mentioned...

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Settling Experiences

The vast majority of personal injury cases are resolved through settlement rather than trial. The first chance for settlement usually occurs shortly after medical treatment is completed. After medical bills and reports have been gathered, the plaintiff’s lawyer evaluates the case and informs the insurance company of their client’s settlement demand. If that does not wrap up the case, a second opportunity for settlement arises once the lawsuit has been filed. The insurance company realizes after a lawsuit has been filed that the plaintiff is serious and that it will have to start paying its attorneys if it wants to continue the case....

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A Winning Attitude

Many personal injury cases are handled by attorneys on a contingent fee basis, which means the lawyer receives a percentage of any money recovered on the client’s behalf. Put simply – the attorney wins if the client wins. Thus, attorneys have every incentive to win their client’s cases. Generally, if no money is recovered, the client is not responsible for any attorney fees. Contingent fee arrangements are most beneficial to injured parties who could not otherwise afford an attorney to protect their legal interests. No one who is injured as a result of another person’s negligence, therefore, need feel that he or she is not able to...

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Responsibility For Others Actions

According to the legal theory of imputed negligence, one may be held responsible for someone else’s negligence. For example, if an employee were to cause injury due to negligent driving, his or her employer may be held responsible if the employee was working on the employer’s clock at the time of the accident. Similarly, in a few limited circumstances, the owner of an automobile may be held responsible for the negligence of a driver who received the car owner’s permission, implied or expressed, to drive his or her car. Thus, those injured due to someone else’s negligence should not dismiss out of hand the possibility of bringing suit...

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In Harms Way

When a person is physically harmed as the result of the negligence of another, the law requires that the plaintiff be restored to his/her pre-injury condition. Both economic (out-of-pocket) and non-economic (loss of physical and mental well-being) losses are restored through monetary compensation. “General damages” refers to such non-economic losses as: pain and suffering”. The valuation of such loss is left largely to the jury’s discretion. “Special damages” are those awarded for such compensable harms as medical expenses and lost wages. These can easily be quantified with the help of bills, pay stubs, and the like. The important...

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