Personal Injury

What qualifies as a "personal injury" case?

When most people think of persional injury law, they think of traffic accidents. They imagine the lawyer who advertises on late night television or on billboards. But, there are an abundance of other types of cases that come under the heading of personal injury, for example:

 

 

• accidents at work (often handled as worker compensation claims)
• tripping or slip and fall injuries
• accidents at home
• injuries caused by product defects
• injuries caused by an official person at a public place
• assault and battery (in civil law, assault is the threat, battery is the contact)
• industrial disease cases including asbestosis, mesothelioma, silicosis, chronic bronchitis asthama,
• COPD,
• occupational stress
• occupational deafness
• repetitive strain injuries

The first question in any of these types of cases is whether they were caused by another person's intent or negligence. If the answer is yes, the second question we ask is does that person have a duty to the injure person. If yes, then there is likely liability.

The second thing that has to be present is some kind of damage. In other words, the intended or negligent act of the other person caused the victim some injury that the law can compensate them for. Generally, compensation for injury is in monetary form.

Attorneys often represent clients on a "contingency basis," in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved. Oftentimes, having an attorney becomes essential because cases become extremely complex, such as in medical malpratice cases. You have no doubt seen some personal injury attorneys advertisements.

 

 Most attorneys do not advertise aggressively. They work on a referral basis or hope that clients will find them when they need them.

The amount of compensation for a personal injury will primarily depend on the severity of the injury. Serious injuries (such as broken bones, severed limbs, brain damage) that cause intense physical pain and suffering will tend to receive the highest injury settlements. Tennessee, as many other states, has recently passed tort reforms which limit the amount of compensation that an injured person may get.

Also, workers compensation cases are governed by statute. There is a schedule of what each type of injury is worth in relation to the overall income of the worker and the length and significance of their disability. Workers are obligated to pursue injury claims that occured at work through workers compensation. This is another type of limitation on compensation for an injury.

 Currently, most cases settle before they go to court. It is often more effecient for all parties to reach an agreed resolution. Sometimes, a trial is necessary. You want to make sure your lawyer knows how to try a case.

Aside from compensation for injuries, the injured person can also get compensated for how the injuries have affected his or her life. An example, a professional golfer suffers a wrist injury which prevents him from playing golf during the season. This can be compensated for, over and above the award for the injury itself. This is called loss of income.

In the same manner the injured person can also be compensated if, as a result of the injuries, you have lost time at work.

Sometimes, a victim is also entitled to punative damages against the person who injured them. This is usually reserved for cases where the defendant has knowingly acted in a malicious way or has recklessly ignored their responsibility - say a doctor who got drunk before an operation.

In cases where there are large settlements, often which pay out money to the victim over time.  Structured settlements provide injury victims with tax benefits and enable proper financial planning for future needs of the injury victim as a result of the injury. If you get such a settlement, you are bettor off avoiding people who want to buy it from you at a discount and give you cash up front, the "its your money and you need it now" people.

Other things to avoid.

I love this cartoon. I can't tell you how many times I have found out things on facebook that have helped my case and hurt my opponant. I had a claim against a summer camp dismissed because of the things the plaintiff said on facebook.

As a general practice, I would think twice about this guy. It is my experience that the "lawsuit" mills do not do as well for clients as lawyers who work cases individually and take them because they believe in them and because the case has merit.

If you or someone you know has been injured, or if someone you know has been killed due to the negligence of another person or a company, please call Attorney Bob Vogel immediately at 865-357-1949 at The Vogel Law Firm or email rlvogel@robertvogellaw.com. We handle cases in State and Federal Court.