Legal cases can end up throwing many terms in your direction.
Two terms that tend to get confused with each other are settlement and verdict. It’s important to realize what the difference is between these two and what they stand for.
A settlement is an agreement between the two parties on meeting halfway.
In most cases, one party is going to assume it doesn’t have a strong case and will push for a settlement. This will end the case and ensure there isn’t an official verdict on the matter in court. This is a good way to stop things from going on record.
The settlement is based on what both parties deem to be fair and has to be signed off by both.
If it isn’t signed, the court will move forward with its proceedings and aim for a verdict.
Let’s assume a settlement isn’t an option and the court has to carry on.
This is when a verdict is an option and often the only one.
A verdict is a final declaration or decision made by the judge/jury. It is based on the facts in the court of law and what the judge deems to be a fair outcome. This verdict determines what happens to the defendant along with what is said in the official records.
All verdicts are officially recorded and have to be submitted by the court’s officials.
This is the difference between these terms, and it’s important to recognize what each one has to offer. For some, a settlement might be the right way to go while others would prefer to have a final verdict on the matter.
This is dependent on the case, its facts, and how things are trending in the courtroom. Both parties may feel a verdict is the way to go.
If you’ve never hired a lawyer before, you may have questions regarding payment. Most attorneys ask to be paid in one of three ways. Read on to learn more about the most common payment options:
Contingency: Many lawyers are willing to work on contingency. This means that the attorney will only be paid if their client wins their case. Most lawyers will only take on these types of cases if the client is likely to receive a settlement. Some lawyers may ask for a percentage of the settlement rather a flat fee.
Paying By The Hour: A number of lawyers bill by the hour. If a lawyer charges an hourly rate, you will be billed for each hour of time that an attorney spends working on your case. This is the most common payment method for attorneys.
Many lawyers that charge an hourly rate will also ask clients for a retainer. A retainer is essentially a down payment on a lawyer’s services. In most cases, any unused portion of the retainer will be non-refundable.
Paying A Flat Fee: Some lawyers will be willing to quote their client a flat fee. The client will only have to pay a single, onetime charge. They won’t receive any additional bills from the lawyer.
Attorneys are usually only willing to charge flat fees for certain types of jobs. For example, it’s not unusual for lawyers to charge a flat fee if they are preparing a will or reading over a contract for a client.
There are many different ways to pay a lawyer. If you are meeting with an attorney, you should ask them what they charge and how they would like to be paid. You should have a clear picture of what your legal expenses will be.
The Miami Injury Lawyers work on a contingency basis and offer free consultations to potential clients. Contact our office today with your story. We want to help you get the maximum compensation possible.
Personal injury cases are problematic because you have to go with proper legal representation. If not, you are not going to win!
This is why it is time to take a glance at what you need as you start looking for the right personal injury lawyer for your legal needs.
1) Assess Credentials: You need to take a look at their credentials to see whether or not they are the real deal. Going with those who aren’t the real deal isn’t an option and should be the last thing on your mind. Only go with those who have appropriate expertise on the matter.
2) Find Specialized Lawyer Only: Some lawyers tend to work in a variety of specializations, and that can be a risk. You want to go with someone that only does personal injury cases because he/she will know what to do the right way and isn’t going to cut corners.
3) Meet In Person: Always ask to meet them in person before you sign off on anything. You want to go with someone who is courteous, compassionate, and knows what to do. This is only going to be determined when you meet him/her in person to sit down and talk.
4) Understand Needs: Too many people end up going with lawyers who aren’t understanding their needs and that can be an issue. However, an additional problem has to do with you not realizing what has to be done and what you are paying for. Always keep this in mind!
Take the time to sit down and see what you are hoping to receive from the services of a personal injury lawyer before looking around.
These are the tips for choosing the right personal injury lawyer and winning in the court of law with proper legal representation.
The Miami Injury Lawyers
If you are looking for a personal injury lawyer, look no further. The Miami Injury Lawyers are prepared to handle any case that comes at them. Contact us today for a free consultation.
Workplace injuries are more common than you might imagine. There are certain workplace injuries that are more common than others. It is important to know what these injuries are and how they can occur.
The most common of all workplace injuries is overexertion injuries. These are injuries that are related to pushing, carrying, lifting, pulling and throwing activities at work. These injuries are not only the most common, they are also the most expensive. There are a number of steps that can be taken to prevent these injuries such as correct practices for moving products in the workplace and breaks to prevent repetitive strain injuries.
Slipping And Tripping Injuries
The second most common workplace injury are those related to slipping and tripping. These injuries are generally caused by employees falling on wet floors or tripping over something that has been left lying around. To prevent these injuries, safety protocols need to be adhered to and employee awareness should also be emphasized. Ensuring that the workplace is clean will also decrease the chances of these injuries.
Reaction injuries are caused when someone slips or tips but does not actually fall. These situations will generally cause trauma to the muscles and other medical issues. The problem with these injuries is that they are hard to prevent as no falls actually take place. Employees can also have reaction injuries from tripping over something that is not actually there. The best way to try and prevent these injuries is to ensure that your employees pay attention to their environment.
Falling Object Injuries
Objects falling from shelves or dropped by other people can cause serious injuries and are one of the most common causes of workplace injuries. The most common result of falling objects is head injuries. The only way to prevent these injuries is to ensure that proper protective gear is worn and that the work environment is free from hazards.
Contact a Workplace Injury Attorney
If you are a resident of Flordia and have been injured in a workplace accident, you may be entitled to compensation. Contact The Miami Injury Lawyers for a free consultation today!
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.
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 A Personal Injury Lawyer Be Paid Up Front Or Is That Taboo?
If 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.
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.
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:
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.
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!