Personal Injury Claim Plus A No Win No Fee Solicitor Plus A Recession Equals

A considerable swelling in the ranks of people who are now ready to fake personal injury claims to improve their income.

There is an increase in people making exaggerated or even false personal injury claims through the no win no fee system, is now a widely held belief amongst eighty nine percent of solicitors today, according to research results from LV.

Overstating injuries has been on the rise for the past 10 years say almost sixty percent of the solicitors involved, with almost half stating they have witnessed a surge in false claimants since the start of the recession.

Amongst the solicitors who have worked on suspect personal injury claims, over half say the claims are most likely to involve a car accident, with whiplash the most regularly exaggerated injury with post traumatic stress being the next most commonly falsified injury which is then followed by strained muscles.

The LV investigation established that sixty three percent of the legal professionals believe that television advertising of these kinds of services is one of the key factors for the increase in false personal injury claims, they also believe that those involved do perceive it as an easy way to make money.

Also according to the LV research, six out of ten lawyers now pore over possible clients stories very closely before deciding whether to take on a case.

One law business who specialise in fraudulent personal injury cases confirms what LV is saying is exactly what they themselves are experiencing, with their own investigation department stating that some forms of fraud are spiralling out of control.

If you are under the mistaken belief that personal injury claims fraud only affects the insurance companies then you are forgetting it is the ordinary citizen who has to make up the difference and LV have stated that this cost is 100 pounds per year and that figure is simply for car insurance.

The technical claims director at LV, Martin Milliner states that authentic cases are definitely a cause for compensation but reiterates that those drivers who choose to falsify or overstate injuries are in fact committing a crime and should be sought out by means of vigorous investigation carried out by the solicitors.

What To Know Before Your Personal Injury Lawsuit

Charles Flaxman, a personal injury lawyer with Flaxman Law Group, has been in practice for over 37 years and was an insurance claims adjuster before that. He has fought countless personal injury cases and knows the ins and outs of the law. In this article, he shares some tips to consider before you step in front of a jury.

In this country, we have a major problem with frivolous lawsuits. People often sue over truly ridiculous things and sometimes have even won. I refuse to take any case that I find at all silly or frivilous. If I dont think I can win the case, why would I waste my time with it?
What is the most important thing to convince a jury of?

In personal injury law, you must convince the jury that you are a credible plaintiff. That is, quite simply, the best assurance that you will have a successful case. If the jury perceives that the person is not working and that he is just lying around because he is lazy or looking for cash, they will punish them for it. Juries tend to like people that try to go back to work and who try to get better and try to make the most out of their misfortune. I always tell my clients that truth sells the best. Juries are very astute at smelling whether you are truly a hardworking person who has had a wrong done to him or if you are a loafer just trying to collect a freebie from the big corporations. If you try to lie to juries, they will smell it a mile away and they will punish you for it. I dont go to court with someone whom I dont believe 100% because the juries will also detect the falsehood. In real estate, they say that location is everything. In personal injury law, the plaintiff is everything. If the person is credible, that is all that matters.

I will never file a frivolous lawsuit. Besides the moral and ethical problems I have with it, there are economical ones as well. I am extremely unlikely to win a frivolous lawsuit. And while some law firms charge the clients their fees, we pay ours out of pocket. If I lose a case, I will end up paying all the fees and expenses for it. In addition, most states have a statute that if you file a frivolous lawsuit, than you can actually be sued for court costs and all the other fees which are accumulated. In the worst case scenario, you can even have a bar complaint filed against you and you can lose your license to practice from that complaint. Its obviously extremely hard to argue a case when a lawsuit is frivolous, so I simply dont want to waste my time.

I Tripped and Fell on the Sidewalk but it wasnt My Fault

We have all tripped on a sidewalk or walkway at some point in our lives. Sidewalks and other pedestrian walkways are often uneven. Water and ice can cause major problems on these surfaces during inclement weather. Tree roots are also known to break through concrete and cause a simple walk to become treacherous. Regardless of why the surface is uneven, slippery, misaligned or damaged, it is possible to obtain a serious injury on a sidewalk.

But who is responsible when you are injured on a sidewalk? An experienced personal injury attorney can identify where negligence lies when you are injured by tripping or falling on a sidewalk.

— About Slip and Fall Accidents —

Slip and fall accidents are what sidewalk injuries and other similar incidents are called in personal injury law. Thousands of Americans suffer these types of injuries each year from their own slip and fall accidents. Some people suffer severe ramifications of an accident that often should not happen in the first place.

While many slip and fall accidents are due to negligence, some are just a normal part of life. People often lose their footing for no reason or due to their body’s own mechanisms or simple mistakes. While sidewalks and other walkways can become icy, slippery or uneven, someone else is not always to blame. Frequently humans seem to have two left feet. We are all capable of slipping and falling anywhere, at any time. So it is our own responsibility to watch where we are going.

That said, property owners are obligated to maintain their property so it is safe for those who come to visit. This is particularly true in regard to known hazards.

As an example, a retailer should know that it is important to clean up spills on their floor as quickly as possible so someone does not slip and fall. Such a store owner could be held civilly liable if they neglect to clean up spills in a timely manner.

— When You Are Injured in a Slip and Fall —

When you are injured in a slip and fall, determining who is responsible for your injuries can be a little tricky. In order to know who is responsible, it is important to determine if there was negligence involved in your accident and resulting injury. For responsibility of others to be claimed, another party must have been negligent in causing a hazard, known about the danger of that hazard without rectifying it, or been in a position of knowing about the hazard without taking the initiative to fix it.

Most cases of liability come down to employees or owners of the premises not observing and repairing a hazardous surface in a timely manner. But these cases can be difficult to prove. This is because it must be clear that the employees or owner “should have known” about the problem. These cases often come down to the jury or judge’s decision based on whether common sense was applied in the situation of the hazard.

There are certain things the law considers in regard to a property owner’s “reasonable” behavior and response to a floor or ground hazard, when looking at a negligence claim. In cases involving slips and falls, the law focuses on the owner’s repair and maintenance efforts.

Questions the law asks of a case include:
Is the property otherwise well-maintained?

How long was the spill present before the slip and fall injury?

Were employees neglectful of the spill, despite seeing it?

If outdoor ice was the cause of a slip and fall, had the owner worked to rid surfaces of ice?

If an object was on the ground and caused the fall, was that object there for a legitimate reason? If the answers to these queries lead to property owner negligence, a good claim for a slip and fall injury may exist. But it is important to look at personal carelessness and how the accident may have been a matter of human clumsiness or not seeing where you were going.

Most slip and fall accidents do involve some level of personal contribution to the resulting injury. People are often distracted when walking. “Comparative negligence” is a term used to describe the process of determination of where most fault lies, between the victim and the property owner. If you are determined to be where most of the responsibility lies, the property owner may be cleared of any negligence. But if the owner is found to be at least partially responsible, he or she may have to pay at least some of your injury damages.

— Considerations for Public Sidewalks —

Public sidewalks are particularly difficult to determine responsibility for, when a slip and fall occurs. Determination of negligence may be based on local ordinances and statutes. Adjacent landowners are often the ones who must ensure sidewalks attached to their property are well maintained and hazard free. For other sidewalks, the city may be fully accountable. These variances in government and civic accountability can obscure clarity on where responsibility is held for a sidewalk injury.

When faced with injuries resulting from a slip and fall accident, you need an experienced personal injury lawyer to help you determine where negligence lies in your case.

How To Find Out If An Online California Personal Injury Attorney Is Legitimate

It can sometimes be so confusing to find a California personal injury lawyer who will help meet your legal personal injury needs. Sometimes you will be faced with a situation that will require a personal injury attorney, but youre not sure whether or not you want to spend the money; however, if your injury is serious enough and someone else is clearly at fault, then it is imperative that you do find an attorney.

When you browse most of the personal injury attorneys web sites, you will often notice the fine print stating that the legal information presented on a given site should not be taken as legal advice. What is that all about? This is the attorneys way of protecting himself against liability if someone with a personal injury casesuch as yourselfdecides to proceed using only the information on the web site, rather than getting advice from the actual attorney. The attorney knows ahead of time that this more than likely will not go well, so he includes the fine print to protect himself from being responsible.

This should be a hint to you that proceeding without a personal injury attorney will simply be foolish.

With this being said, you must now make sure that your attorney is actually legitimateas some online California personal injury attorneys are actually scam artists who have little formal training.

If you feel unsure whether or not your attorney is experienced, you can ask for a legal attorney certification. This will give you the proof that the California personal injury attorney is not a fake. You have a right to ask for this type of information so that your personal injury case does not lead you to end up being associated with a California personal injury attorney who has not made the grade. Many people have ended up filing more personal injury cases as a result of personal injury scam sites and scam attorneys. This will simply cause you more undue grief and delay your personal injury compensation.

Advice That Will Assists You With Your Personal Injury

Have you been injured? Was it at the fault of someone else? If so, you may want to find out what you are legally entitled to. When you are dealing with personal injury, there are a few things you should know that will make it a little easier to deal with.

When choosing a personal injury attorney, ensure that you are choosing a law office which has an entire department dedicated to personal injury. Meanwhile, it is common for law offices to pursue several different types of cases, it is important to choose an attorney who’s well versed in your niche.

If you are looking for a reputable personal injury lawyer, ask around your friends and family for referrals. They may have been involved, or may know of someone who has used, the services of such a lawyer in the past. They will be able to give positive and negative recommendations based on their experiences.

Watch what you say. This is especially true at the site of the injury. You have no obligation to tell people who you think is at fault. You also do not need to provide more information than legally required. Making any statements on the scene of the injury may lead to more complications as your case progresses.

Bring all of the necessary paperwork to your initial consultation as this is very important for your personal injury lawyer to develop a solid case. Make copies of each of these documents too, as you will want to have one just in case. This puts you in the best position to team up with your lawyer and win.

Choose a lawyer who appears to care about you. If they really feel like you’ve been wronged, they’ll put that passion into winning for you. If they seem aloof or distracted, they’re not going to put as much effort into your case. The more they care, the better your chances are for a win.

Always be fully honest with your lawyer. If you are trying to win a case, the worst thing that you can do is to lie to your lawyer about the circumstances. Your lawyer will need this information so that they are not surprised when it is time to prove your case in court.

Getting hurt is no fun, but when there is someone else at fault it can be even more devastating. As you can see, you do have rights and there are things you can do. Use what you learned here and you can have a much easier time dealing with your personal injury case.

Andrew Jones] Sandy Spring Personal Injury Attorney Lawyer

If you have ever been involved in an auto accident then you know how it can shake up even the steadiest of people. Accidents happen in a split second. Usually, there is little time to react. They just happen. Some are really bad and some are not so bad. Injuries is the most associated concern with auto accidents and in Georgia, calling an Atlanta Auto Accident Attorney, may be the first step in recovering from the accident. The important thing to do after being involved in an accident is to remain calm and follow several guidelines.

The first step is to call for help. Assess the situation. If there is no immediate danger, such as the smell of fuel, then don’t move anyone. Wait for help to arrive. Next, if you are able to move and don’t seem to have pain, then ask those in the car if they are alright, if you are not alone. Don’t move the car unless there is potential danger in where it is. Then, wait for the authorities. After you have done all you can do, and help arrives, it will be out of your hands.

You should always seek a medical check up after an accident if you feel badly at all. That goes for your passengers as well. You may feel fine right after an accident occurs which could be due to the adrenaline pumping. Later, you may notice some problems. Go as soon as possible to make sure you are not injured. An Atlanta Auto Accident Attorney would be happy to talk with you after your accident to educate you on what could happen if you don’t get checked out, or if you are hurt, but don’t pursue getting medical and legal help.

As a victim of an accident, you could face thousands of dollars of medical bills later down the road. You should always side with caution when being in a car accident, a single injury could mean the difference between a normal life and one in which you may not be able to continue to work. A Personal Injury Lawyer can help you make the right decisions that are best for your financial future where medical bills may become a part of your daily existence. An attorney can work with the auto insurance company to pursue financial help for you and your family if you are injured to the point you can no longer work.

Rigors of Personal Injury Settlements

Personal injury cases are considered as one of the more common forms of civil cases prevalent in our legal realm today. This usually involves claims that concerns individual negligence brought about by the act of another and that a consequent injury or damage to property.

These claims are for the reparation of any financial obligations brought about by the repair of the motor vehicle involved in the accident. It may also answer for any medical treatments and evaluations because of the injury experienced. Similarly, the settlement demand involves an indeterminate amount for pain and suffering dependent on the effect the injury had on the victim.

But like other civil cases, personal injury claims may actually be made subject of negotiations and settlements outside court. These settlements arrived at are as good as any other judgment made by an executive judge or by any jury of peers.

Otherwise known as alternative modes of settling disputes, arbitration and mediation has been viewed in a positive light by lawmakers and the jury system as a whole. Apart from the obvious fact that it would clear the clogged dockets of our courts of law, it also fosters the foundation of human relations catering to harmonious relationship between and among its citizen.

Alternative modes of settling disputes have long been utilized in personal injury cases. Not only would it save time and effort for the opposing parties but it would also save costly financial resources as well. Another fact note worthy to state when it comes to personal injury settlements is that the determination of the amount of settlement is actually dependent on the amount arrived at by the parties.

This means that the initial demand settlement incorporated in the demand of the injured party may actually be decreased on the basis of agreements arrived at by the parties. Hence, this would actually foster the bargaining of the parties on the basis of the level of negligence, amount of damages, and the financial capacity of the wrongdoer. The most important part when it comes to settlement arrived at outside of court processes is the fact that any settlement arrived at with full knowledge and discretion of all the parties thereto are actually considered as final and executory.

This means that any agreement arrived at with full consent and within the knowledge of all the parties can no longer be appealed and the parties are actually bound thereby.

How to Choose the Best Alaska Personal Injury Attorney

If you or someone you love has been injured because of the actions of someone else, you need to waste no time in beginning your search for Alaska personal injury lawyers who will provide you with the best opportunity to obtain proper justice. The process of finding the best Alaska personal injury attorney is one that should be taken seriously, and below are a few steps to consider as you begin your search.

Ask Around

Odds are that everyone will need the help of an attorney at least once in their lives. While not everyone needs help from Alaska personal injury lawyers, asking people in your life who you should contact will at least start the ball rolling towards a personal referral either from your contact or from another attorney. Referrals are valuable for many reasons, as no one wants to send someone they know or someone who may contact them for other legal needs in the future to an Alaska personal injury attorney who will not provide you with the type of representation you deserve. Referrals can speak to an attorneys reputation as well, which is invaluable in any legal claim.

Contact the Firm

Most Alaska personal injury lawyers can be found online these days, and you should be able to locate the attorneys Web site rather easily. After youve taken a look at the Web site and decide to contact the firm, pay attention to how the firm handles service. If your call is answered quickly and your initial consultation is scheduled promptly, its a sign that the firm takes your matter serious.

Ask Questions

When you meet with an Alaska personal injury attorney for what should be a free initial consultation, you need to ask questions of the attorney as much as he or she will ask them of you. Examples of these questions include:

1. How long have you been practicing personal injury law? 2. How many cases have settled out of court? 3. How many cases have gone to trial? 4. What were the general results of these matters? 5. How does your fee arrangement work?

While there are no specific correct answers to these questions, the information provided for you based on these questions will ultimately come down to how you feel. If you are confident that youll be receiving sound representation, take a day or two and make a final decision. If you are not confident, trust your instincts.If youd like to start your search by meeting with a firm that provides its clients with strong personal injury representation, contact the Alaska personal injury lawyers at Barber & Sims today to schedule a free initial consultation.

How to File an Auto Accident Claim

By following road traffic rules auto accidents can be prevented but since many people do not follow these rules, it cannot be guaranteed that road accidents wont occur. If you have suffered injuries while on the road due to no fault of your own then by the UK law you are eligible to file an auto accident claim. This article will elaborate on the various steps to file an auto accident claim so that you can get best compensation.

After a road accident occurs the first thing that the victim should do is to alert the police or local law officials that an accident on the road has occurred. After this call has been made the victim should then call an ambulance if he or the other person has been injured. When the police officials arrive at the scene of the accident they will take down a few details and file an official police report that will act as proof of the accident which is needed to file an auto accident claim. It is important not to lose patience while talking to the police since this can lead to problems down the road.

The next step is to contact your own health insurance provider to alert them that an accident has occurred. If your accident has been damaged due to the accident then you will also need to contact your auto insurance company. The insurance companies will take down brief details of the accident when you call them and they will get back to you within 2 days.

The third step is to visit a general practitioner to ensure that you have not suffered internal injuries. Since whiplash injuries are not noticed immediately it is always advised to note down any physical symptoms you notice and to visit the doctor when you notice a new symptom. While you are at the doctors office you should inform the doctor about how the accident occurred so that he can enter relevant details into your medical report. This will act as additional proof that a road accident occurred and as a result you are injured.

The final and most important step to file an auto accident claim is to find a personal injury lawyer to help you with your claim. Your personal injury lawyer will help you understand the various rules of filing a claim and he will also provide you with legal help. Your injury solicitor will also follow up with the insurance companies, represent you in court and talk to an adjuster if needed. Since most injury solicitors do not charge a fee for their service you do not have to worry about legal expenses. However, you should confirm with the lawyer that you have chosen that he provides no obligatory and no win no fee services.

What do you want in your personal injury lawyer

WHAT DO YOU WANT IN YOUR PERSONAL INJURY LAWYER

The difference between a good decision and a poor decision when choosing an attorney can be the can be the difference between the joy and satisfaction, as the case proceeds, of knowing you made a great decision on so important a matter, verses dissatisfaction and regret not easily remedied. This coupled with a potentially enormous difference in the amount of damages you can receive, makes the selection of the attorney a matter or primary importance.

What To Look For

You want a lawyer who is very experienced with the type and size of your claim – for example, car accident personal injury claims and not the same as defective product personal injury claims. Some lawyers who handle relatively small personal injury claims do not have the expertise and resources to handle very large claims. Conversely, others specialize in larger claims.

Nearly every personal injury attorney works on a contingent fee basis – no recovery, no fee: The attorney’s fee will be a percentage (typically 30-40%) of the damages awarded.. Be prepared to negotiate the percentage. Usually a higher percentage will be required in more complexes, expensive or time-consuming cases, but it can be negotiated lower in more straight-forward highly remunerative cases. The percentage agreed upon should be specified in a written attorney-client fee agreement’

Be aware of the difference between a lawyer’s fees and the costs incurred by the lawyer in pursuing your claim. An agreement to charge no fee (unless successful) does not by itself mean you have no obligation to pay costs. You want a lawyer that will not only charge no fee unless successful, but will also agree to advance the costs of the case, and not require you to reimburse him for those costs if unsuccessful. Cost can be very substantial.’

Some lawyers are more disposed to settle claims, and less inclined to take them to court. You want a lawyer that is very experienced in trial work, and regularly goes to trial on their cases. Insurance companies know the lawyers who have no reservations about going to trial, and those more readily bought off.

You want a lawyer that is opposed to settling before the full ramifications of your injuries can be prognosticated reliably.

You want a lawyer with at least several years’ inspirational track record of success in the type and size of your claim.

You will want a lawyer that gets good ratings from his former clients as well as hid peers on the various rating services available on the web. Martindale-Hubbell is the most widely recognized.

You want a lawyer with whom you have a good rapport. The first task of your lawyer will be to sell himself to you. Does he (or she) inspire your confidence? Did he (or she) satisfactorily and clearly answer all your questions and settle all your concerns? Do you relate to him (or her) well? If not, continue further on your quest to find the right lawyer for you.

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