Can You Have a Retrial For a Personal Injury Case?

Can Personal Injury Cases Be Retried And If So For What Reasons?

Most personal injury cases settle out of court, but there are definitely those that end up going to trial. When these cases do go to trial, litigants aren’t always happy with the outcome. For that matter, defendants aren’t always happy with the outcome either. Appeals can be filed, but they are certainly expensive. Mistrials can occur, too, and retrials can happen as well.

Let’s say that a plaintiff sues, is offered a settlement but goes to trial. Let’s say that the plaintiff is awarded a substantial amount upon a verdict being rendered, but the defendant files an appeal. This is not common, but it does happen. Let’s take the situation a step further and say the appellate court overturns the verdict, meaning a settlement is no longer due to the plaintiff.

In that case, there can be a retrial; however, let’s look at another reason why there most likely wouldn’t be one. Not only do most personal injury cases never make it to trial, but both parties face the possibility of losing more if an appeal is pursued by the defendant. What does that mean? It means that even if the litigant wishes to pursue an appeal, a smaller settlement is usually offered instead. This would stop the appeals process, close the case and of course prevent a possible retrial post appeal.

If a mistrial were to occur, a retrial would be necessary of course, yet it could be by that time that both parties reach a settlement, out of frustration if nothing else. Mistrials are also rare, and again, it is rare for a personal injury case to be taken to trial in the first place. If your case does go to trial, you don’t want Mr. Flashy Pants who makes a living from procuring settlements for his clients ahead of a possible trial. You want an experienced attorney who has spent quite a lot of time in the courtroom in front of a judge and jury.

What are the Characteristics Of A Good Attorney?

Key Characteristics Of A Good Attorney

Choosing a reasonable attorney is going to take time when it involves personal injury cases.

You want to pay attention to your options, but also know what characteristics matter in the long-run. Here are some of the key attributes of an excellent personal injury attorney.

1) Experienced: Their experience is going to matter a lot when you are figuring out who to go with and the value they will bring into your life.

The wrong attorney is someone who doesn’t have experience or the requisite knowledge to help you out in the long-term.

2) Passionate: Always go with a person that is passionate because it is the only way you are going to see real results in the long-term. Otherwise, you are not going to be happy with how things are going or the results you are seeing in general.

3) Courteous: When you meet with the attorney in person, take the time to see how he/she behaves with you as a client. You want to go with someone that is compassionate and ready to listen to what you have to say. No one should go with an attorney that is rough or not willing to listen.

4) Organized: You should never go with an attorney that is rushed or doesn’t look like he/she is organized. This is when you are going to run the risk of hiring someone who is below par or won’t take your needs seriously.

These are the things you have to wish for when it comes to a personal injury attorney. If you are not thinking about these details and assuming you are going to find someone professional without trying, then the results will be average at best. You need to take the time to look for these details in a personal injury attorney.

Should You Pay Your Personal Injury Lawyer Up Front?

Should A Personal Injury Lawyer Be Paid Up Front Or Is That Taboo?

Personal Injury Attorney collecting moneyIf you have to pay your personal injury lawyer upfront, something is wrong. There is absolutely no reason for you to need to do that. If there is a personal injury attorney out there who asks for money ahead of a settlement or verdict, his or her head is in the clouds. Personal injury attorneys work on a contingency basis. That norm combined with the vast number of choices for lawyers means that you should never have to worry about paying for legal representation upfront.

Show me a personal injury lawyer who demands to be paid upfront, and I will show you one broke attorney. Victims of personal injury cases are often saddled with huge unpaid medical bills, and many of them are out of work. They have no means to defend themselves except through the legal system, and they need help in order to get the proper compensation. Have you found yourself in this type of situation?

The fee that personal injury attorneys charge is taken out of the settlement amount or the amount awarded upon judge or jury rendering a verdict. Lawyers and their legal teams can take on huge caseloads, especially because of the way the attorneys’ fees are handled in personal injury cases. Therefore, it behooves you to reach out to a lawyer that can give your case the personal attention it deserves.

Just because an attorney works a case on a contingency basis doesn’t mean that his or her fee won’t be extremely high. You are taking your case to court to get a bigger settlement, and you need to know that you aren’t just going to line the pockets of your attorney. You need money to pay your bills and move forward, and that means you need an attorney that is going to get to work.

The Different Types Of Slip And Fall Injuries

One of the most common accidents you could have is a slip and fall accident. This type of accident can lead to a range of different injuries that you need to know about. These injuries can affect your daily life as well as your ability to carry out simple tasks.

Soft Tissue Injuries

Among the most common slip and fall injuries is the soft tissue injury. These injuries are not visible which makes them hard to prove in a personal injury lawsuit. Additionally, you might not realize that you have this type of injury for days or weeks after the accident. However, if these injuries are left untreated, they can cause chronic pain and make you more susceptible to further injuries. These injuries will include minor wrist and ankle sprains as well as tears in the muscles and ligaments.

Head Injuries

Another common injury from a slip and fall accident is a head injury. This is due to the fact that the head will often hit the ground when you slip if you are not careful. It is important to note that even a minor head injury can be a medical emergency and you need to seek medical attention if you have hit your head during an accident. This is something that you should do even with a minor head injury.

Minor concussions are common and they will generally heal on their own. However, more serious head injuries such as traumatic brain injuries can alter your ability to function correctly. The reason why you need medical attention after hitting your head is due to the fact that severe head injuries can have minimal symptoms. Additionally, if you seek medical attention, you will have better odds of success in your lawsuit as you have medical evidence to back up any injury claims.

Here is a video showing one way that a slip and fall can cause serious injury:

What Are The Biggest Personal Injury Cases Of All Time?

When you think about personal injury cases, what comes to mind? You might think about slip and fall accidents, or maybe you recall the traffic accidents involving tractor trailers portrayed on the commercials for personal injury attorneys. There are all kinds of cases involving personal injuries. Perhaps you have even been involved in one. What are the biggest personal injury cases of all time?

There are some landmark cases, and they biggest ones feature judgments or verdicts not settlements, as you can imagine. The damages awarded total in the billions, and the first case on this list is tragic indeed. A boy’s life was lost in the aftermath due to skin cancer after having already been set on fire using gasoline. The boy was just eight years old. The teenager responsible didn’t have $150 billion, but that was the total awarded to the victim’s family.

The next big personal injury case involves a group of people and several top cigarette manufacturers. This case happened in 2000, and the settlement was just shy of $145 billion. What’s really interesting is that the next biggest personal injury case also involves cigarettes, and there was only one plaintiff for that case, a woman who had lung cancer. While the settlement was well under the $100 billion mark, it is substantial due to the fact it was awarded to one person only.

What company was on the receiving end for the last case? It was none other than RJ Reynolds, and the settlement prior to being reduced was $28 billion. These are the three biggest personal injury cases of all time, and there are many more interesting cases to read about. As you can see, the verdicts and judgments in these cases can result in billions of dollars awarded to plaintiffs who have refused to settle.

Common Types Of Car Accidents – Your Ultimate Guide

There’s no denying that car crashes and accidents are a common occurrence in the modern world, but fortunately, the vast majority of them aren’t fatal. Yet despite this fact, it’s well worth taking a closer look at the most common types of car accident that do occur, so with this in mind, let’s explore the topic in further detail.

Accident 1 – cross traffic accidents

This type of accident is commonly known as a T-bone, and it most often happens when a driver either misses a stop sign, fails to take an appropriate turn, or perhaps runs a red light.

Interestingly, these accidents are perhaps one of the most avoidable, as they usually occur due to driver negligence. The smartest way to avoid this kind of accident is to pay attention whenever you’re driving around intersections and look for signs that other drivers may not be paying as much attention as they should.

Accident 2 – low-speed collisions

If you have ever experienced a fender bender, or perhaps a parking lot collision, then you have definitely experienced something known as the ‘low-speed impact’ accident which is certainly a very common occurrence in cities and towns around the globe.

In many cases, these accidents occur when one driver is reversing without checking their surrounding environment carefully enough, so avoiding this accident often comes down to paying better attention to what other drivers may be doing around you.

Accident 3 – rear-end collisions

Whenever a driver is following another car too closely, the risk of a rear-end collision is always present. This type of accident is often caused by a behavior known as tailgating, and while the accidents caused by this bad driving behavior aren’t usually life-threatening, they can often cause larger accidents, particularly if it happens on busy roads which feature a high volume of traffic.

Accident 4 – hydroplaning

Here’s an accident that tends to be rare, but it is nonetheless very surprising if it happens to you and often catches a driver unawares.

The term hydroplaning simply refers to what happens when you drive through standing water and your tire tread cannot channel away the water quickly enough to maintain firm traction to the road.

The vast majority of these accidents occur due to a driver speeding or accelerating too quickly through standing water, so it’s always something to pay particular vigilance to when you’re driving in poor weather conditions.

Accidents 5 – clipping

Here’s a particularly high-risk form of accident that can often occur on busy roads, but they can equally happen whenever cars are merging into the same lane.

The accident can either refer to a gentle clip of another car, all the way up to a full sideswipe collision that often occurs when a driver can’t fully see their blind spot, especially while they are swapping lanes.

In some cases, these accidents don’t cause too many problems, but at high speed, they can even be fatal.


Overall, it’s safe to say that there is a wide range of different accidents that can occur when anyone is driving a car, and even though the majority aren’t necessarily going to cause physical injury, many of them can still result in personal injury and insurance claims as a minimum.

If you want to learn more about this subject, please watch the informational video embedded below!

The Most Frequent Car Accident Injuries

Car accidents are one of the leading causes of death in the developed world. During a car crash, the body can be subjected to trauma in an enormous variety of ways, making the possible injuries from a car crash nearly infinite. However, there are a few injuries that are very commonly caused by a crash. Read on to find out the most common car crash injuries.

Whiplash is the single most common car crash-related injury. Whiplash is a spinal injury that affects the neck or back, and is caused by the affected area of the spine stretching too quickly before snapping back. This rapid stretching and compression causes damage to the vertebrae, disks, or the ligaments of the spine. Severity varies, but whiplash can often lead to chronic pain or even paralysis.

Head injuries are common in car crashes. The head colliding with the steering wheel, dashboard, or car door can cause traumatic brain injury, or TBI. TBI comes in many different degrees of intensity; it may heal after a few weeks, or it could cause permanent brain damage that impairs brain function. Injuries to ears, eyes, and the jaw and teeth are also common in car accidents.

Neck injuries are common causes of death in car crashes. In addition to whiplash in the neck, blows to the throat can cause difficulty breathing and may be fatal. Broken necks are also very common causes of death in car accidents, since this type of injury can cause instant death before paramedics can make it to the scene.

For people not wearing seatbelts, serious chest injuries are common in car crashes. Usually, seatbelts and airbags limit injuries to the chest, but absent these safety measures, chest injuries can be extremely dangerous. Slamming forward can cause a broken sternum or ribs, and can also lead to punctured or damaged internal organs.

Injuries to the pelvic and abdominal regions are common, especially in impacts to the front or side of the car. This type of accident can often cause hip fractures. Damage to the kidneys, liver, or spleen is also common in this type of accident when force is applied to the abdominal region.

In serious accidents, the legs and knees can often suffer damage. This is usually the result of legs being crushed as the car is deformed. This can manifest as simple bruising, or it can cause serious breaks. If the leg is twisted too much, the knees can suffer meniscus tears, which limit mobility and cause severe pain. Ankles, feet, and toes are also common injuries in this type of accident.

As you can see, car accidents can lead to a large variety of injuries. The damage suffered during a car crash depends greatly on the type of accident, the direction of the force, and the presence of safety measures like seat belts and air bags. To minimize your risk of being injured in car accidents, make sure to wear your seat belt, and avoid excessive speeds.

How To Tell If Your Bone Is Broken From An Accident

After an injury, you might feel sore especially in the joints. When we injure our joints that’s called a sprain. But sometimes you might have a fractured or broken bone. Here are a few ways to tell if your bone is actually broken:

    • check to see if the bone is mishapen
    • does your joint make a popping or crackling noise when you move it?
    • do you have numbness or tingling feeling

If you see any of these signs or symptoms then you should go to a doctor. They will be able to perform an x-ray which will determine the severity of your sprain and/or fracture. Broken bones and fractures are not something that you can just wait to go away or shake off. If you don’t get it taken care of right away it can lead to further damage and long-term problems such as nerve damage, tendon damage and can increase the fracture or break in your bone.