Personal injury law is an area where the rights and well-being of individuals who have been injured due to the negligence and carelessness of others are protected. Some injuries are so severe and far reaching that they literally change the life of the affected individual and that of the family.
There can be very high medical expenses, severe disability and loss of work, thus causing the diminishing or total loss of income, and ongoing medical bills, therapy and costly care.
The normal family budget is usually incapable of meeting all of these expenses, so this is why personal injury law has been enacted so that such injured parties will have recourse towards being able to cope financially.
Personal injury lawyers are attorneys who specialize in this field, and usually practice in no other area of the law except this one. This is simply because of the intensity and time that has to be put forth in order to prevail in this area. For example, I had a philadelphia car accident lawyer working for me and he had worked a ridiculous amount of hours.
There is a heavy investigative burden involved, and a great amount of detail that must be organized in order to prove liability. Usually a chain of events is constructed in order to place all parties who were known to be at the scene of the accident into a time sequence.
By doing this study, it is possible to locate exactly where people were located in the time sequence in relation to the actual incident. It is possible to prove proximity, and possibly to prove responsibility by the presence or absence of an individual or individuals.
Legal action can be brought against individuals, entities or both. There is a certain degree of responsibility, for example, if a business fails to publicize certain safety procedures, and if an accident occurs with those procedures absent, liability could be assigned due to that lack of information being posted.
When an individual get injured due to negligence or inattention, responsible parties can be held to be liable because they were not as careful as a prudent person would be in similar circumstances. For example if a person drives through a red light and hits a car coming through on a green light, he or she can be held responsible for injuries suffered by the people in the car coming through the intersection lawfully.
The lawyer who represents the injured party will usually be an expert in investigation, negotiation, criminal and civil law, and will be very good in the courtroom. Interestingly enough, it is not that common for injury cases to get to the level of going to court, because enough evidence can usually be compiled to prove a case one way or another, so the case can be settled out of court.
It is also interesting that since most of the accident lawyers work on a contingency basis, they are not likely to take on a case unless they are fairly certain that they can prevail. If they lose the case, they receive little or no compensation.<
Negative ‘Polling’ And Med-Mal Reform Anniversary
Two current news items deserve comment.
A Belleville News-Democrat story reports on “negative polling” being conducted in Madison County. Phone calls reportedly are being made to voters and the message is that Madison County judges, especially Chief Judge Ann Callis, are soft on crime and not deserving of retention in November.
The ICJL was mentioned as a potential source of the calls.
We are not. In fact, I spoke with Judge Callis last week and assured her that polling conducted by the ICJL is seeking information about voters’ preferences, not trying to influence voters. That’s really not “polling,” it’s more advocacy. I also told Judge Callis that there were two questions relating to her race on a voter survey we sponsored. The first asked if voters planned to vote for or against the three judges seeking retention and the second asked if the recent endorsement of the three by a doctors’ group would make voters more or less likely to support the judges.
I didn’t share the responses with Judge Callis, other than to inform her that there are still quite a few “undecided” voters in Madison County. Many important people in the community including a St Louis car accident lawyer, another politician, and other key voters are within this group.
Later this week, the ICJL will be meeting with Judge Callis and her colleagues, Judges John Knight and Charles Romani, to discuss their campaign and their past performance on the court. We also are meeting with St. Clair County Chief Judge Jan Fiss. We’ll have more to report later.
On the negative “polling” issue, there are many theories being discussed in Madison County, including the possibility that angry plaintiffs’ attorneys are behind the calls.
The other news item (also reported below) concerns the one-year “anniversary” of the enactment of the medical malpractice reform law that Governor Blagojevich signed in August, 2005.
Blagojevich, who opposed the legislation and signed it only because he understood the political ramifications of it, is now claiming credit for it.
“We passed comprehensive medical malpractice reform” he wrote in a commentary in the Southern Illinoisan.
Suggesting that he had anything to do with it, other than signing it reluctantly, is as dishonest as the claims by other opponents of the law, especially the plaintiffs’ attorneys, that the law is not working because there have not been dramatic reductions in medical malpractice insurance premiums.
The trial lawyers know — but aren’t admitting — that the new law will not be fully effective until it has been challenged (and upheld) in court. They also know that there has not yet been a suit filed involving an incident that could challenge the law. Chicago criminal attorneys realize that the two year statute of limitations in Illinois means that most of the lawsuits filed in Illinois since August, 2005, involve incidents that took place before the law was even on the books.
The deceit they are engaging in now is no different from the deceit they engaged in while trying to block passage of the law in 2005.
Last Friday, I participated in a 30-minute debate with Keith Hebeisen, former president of the Illinois Trial Lawyers Association, on the impact of the new law. The discussion was taped by the Illinois Channel and will be shown sometime soon.<
Hiring A Personal Injury Lawyer In St. Louis
Injuries occur suddenly and can significantly alter the course of your life. Serious injuries often lead to lifelong conditions, expensive medical fees, physical restrictions, physical rehabilitation, and more. It is very dangerous to not receive treatment for your injuries, but the overwhelming costs are ever present. However, you must make getting physically healthy a top priority. If you are suffering mental or emotional trauma, it is necessary to get treatment for your mental health. Again, these medical expenses quickly add up.
Following your accident or injury, the thought of hiring a lawyer may be the farthest thing from your mind. With the pitfalls of medical bills and lost wages, you certainly have a lot to handle. To top it off, all of these problems hit you suddenly so you are unprepared. Because of these factors, you may feel overwhelmed and hesitant about exploring your legal options. While these emotions are perfectly normal, it is crucial to understand the need for legal assistance. If you or your family member suffers from an injury caused by negligence of another person, a personal injury lawyer may be of great help to you.
A St Louis injury lawyer is experienced in an area of law called tort law. A tort is a legal wrongdoing that is not criminal in nature, but it still causes damage or harm to another person or group of people. A personal injury is considered a tort, so it falls into the category of tort law. You need a lawyer who has significant experience handling personal injury cases. There are many lawyers in the St. Louis area, but not all of them are well-versed in tort law. Only the ones who are can provide you wit truly valuable assistance following your personal injury.
As mentioned above, medical bills and related expenses are a devastating part of experiencing a personal injury. A personal injury lawyer fights to help you get compensation to cover these expenses, lost wages, and more. This compensation comes from the person or party that caused your injury. However, your lawyer must prove that this person or party was negligent. This means they acted with negligence or failed to provide you with sufficient care. You may not immediately know if your injury was caused by negligence. A personal injury lawyer will be able to help you determine if negligence occurred. If it did, you can file a claim against the person or party.
Choosing a personal injury lawyer in St. Louis requires a great deal of consideration. You must choose carefully in order to get the best legal representation possible. Seek out lawyers that work on a contingency fee basis. This means that they only get paid if you win your suit. Additionally, it is wise to set up a consultation or two with lawyers in your area. Initial consultations are typically free or inexpensive. During this time, a lawyer will determine if her or she can assist you. Once this is done, you can hire a personal injury lawyer to help you get due compensation.