Tag Archives: damages

Suing an Attorney for Malpractice is Harder Than You Think

Legal malpractice cases are particularly difficult and expensive to pursue. Aside from the inherent difficulty in finding an attorney who accepts legal malpractice cases, the plaintiff essentially needs to prove two cases in order to win: (1) the malpractice case … Continue reading

Posted in Attorney-Client Relations | Tagged , , , , , , | 74 Comments

Loss of Consortium Claim — Worth the Bother?

Loss of consortium claims are treated as an afterthought by most personal injury lawyers. While they are legitimate claims, their value usually pales in comparison to the primary plaintiff’s claim (and often add no real value, for reasons I’ll discuss … Continue reading

Posted in Damages | Tagged , , , , , , , , | 15 Comments

When a Defendant Admits Fault, That’s Only Half the Battle

Don’t start celebrating a victory in your personal injury case just because the defendant admitted being at fault (admitted liability, in legalese) for your accident. Plenty of “admitted liability” cases still go to litigation, or even to trial. This is … Continue reading

Posted in Damages | Tagged , , , , , , | 37 Comments

Can I Settle With Just One Defendant?

If you have sued more than one party in your personal injury case, you’re probably wondering whether you can settle with one of them and still proceed with the lawsuit against the other(s). Such an arrangement could let you have … Continue reading

Posted in Damages | Tagged , , , , , | 24 Comments

Want to Settle Your Own Accident Claim? Part 3 – The Demand

Having decided whether you should try to settle your own accident case (Part I) and gone through the preparations and document gathering needed to prepare your demand (Part 2), you should now be ready to draft your settlement demand letter. … Continue reading

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Want to Settle Your Own Accident Claim? Part 2 – Prep Work

For those of you who read Part I of this article (you did read Part I, right?) and decided that you still want to try to settle your own accident claim, here are some suggestions for how to proceed. Always … Continue reading

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Why Won’t Any Lawyer Take My Case?

If you’ve called several lawyers about handling your personal injury case and you haven’t found one who’s interested, it’s usually due to one of three reasons. First, your case sucks. Second, you want to sue someone who local lawyers don’t … Continue reading

Posted in Attorney-Client Relations | Tagged , , , , | 221 Comments

Gap Insurance: What is It and Who Needs It?

Gap insurance, also known as “loan/lease coverage” or “loan/lease payoff coverage”, is a type of automobile insurance coverage that protects you if your car is totaled while you are upside down on your car payments. It supplements your collision and … Continue reading

Posted in Insurance | Tagged , , , , | 10 Comments

Question From Reader Rachel About Inadequate Insurance By Defendant

A reader identifying herself as “Rachel” posed the following question in a comment on my “About” page (where no one would probably see it, so I decided to make an article out of it). Just to let you all know … Continue reading

Posted in Insurance | Tagged , , , , , | 33 Comments

Bad Faith — Collecting More Than Policy Limits

If you’ve been injured by a person who doesn’t have enough liability insurance to cover your damages, most of the time you are out of luck. The sad truth is that most people with inadequate insurance won’t have the ability … Continue reading

Posted in Damages | Tagged , , , , | 189 Comments

Could $10 Save You Hundreds or Thousands on Your Settlement?

If your case is close to settling, especially if you are close to mediation, I’ve got a tip that could put a lot more money in your pocket. How much? Well, that depends on the size of your case, but … Continue reading

Posted in Damages | Tagged , , , , , | 93 Comments

Should I Settle or Go to Trial?

Most personal injury plaintiffs will be plagued by this question at some point during their lawsuit. Should you settle and take less than what you think your case is worth, or risk it all at trial? The vast majority of … Continue reading

Posted in General | Tagged , , , , , , | 115 Comments

Medical Bills – Are You Paying Too Much?

Most people don’t have a clue as to what routine medical care costs, much less surgery, advanced imaging, or hospital care often associated with personal injury cases. We essentially rely on our medical providers to bill us a fair amount … Continue reading

Posted in Damages | Tagged , , , , , , , , | 13 Comments

5 Ways To Be An Annoying Personal Injury Client

Most personal injury clients don’t try to annoy their lawyers. Unfortunately, some of them just have a knack for it. They are not the “clients from hell,” who lie to their lawyers, threaten frivolous bar complaints, ignore their lawyers’ advice … Continue reading

Posted in Attorney-Client Relations | Tagged , , , , , , , , | 17 Comments

Hot Coffee – HBO’s Must-See Documentary About Tort Reform

You probably think you know everything you need to know about the “McDonald’s Hot Coffee” lawsuit. An old lady buys coffee at a McDonald’s drive thru, puts the cup between her legs, and spills the coffee in her lap while … Continue reading

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Frivolous Medical Malpractice Suits – Lies and Distortions

While this article is something of a departure from my usual niche of providing educational articles for plaintiffs involved in personal injury suits, I do feel that people are entitled to know the truth about “frivolous” medical malpractice lawsuits from … Continue reading

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Mediation Advice for Personal Injury Plaintiffs

Mediation is a formal settlement conference that usually presents you with the best chance to settle your personal injury lawsuit before trial. This article will give you an overview of the mediation process and some advice on how to make … Continue reading

Posted in General | Tagged , , , , , , , | 150 Comments

How Facebook Can Ruin Your Personal Injury Lawsuit

If you are a plaintiff with a facebook account, you need to read this article. No matter what privacy settings you use on facebook (or any other social networking site), you must assume that everything you post will be viewed … Continue reading

Posted in Discovery, General | Tagged , , , , , | 6 Comments

What is Maximum Medical Improvement (MMI)?

Maximum Medical Improvement, or MMI for short, is a simple yet important concept in every personal injury claim. It refers to the point in your medical treatment beyond which you are not expected to get any better from further medical … Continue reading

Posted in Damages | Tagged , , , , , | 149 Comments

Should You See a Chiropractor?

Back and neck injuries are among the most common allegations in personal injury lawsuits. Clients often seek treatment from chiropractors for these problems. But is treating with a chiropractor good for your lawsuit? Without getting into a debate on the … Continue reading

Posted in Damages | Tagged , , , , , , | 28 Comments

How Much is My Lawsuit Worth?

This is by far the most common question plaintiffs have, and also one of the most difficult to answer. There is no formula one can use, but there are several factors your attorney will consider in arriving at a fair … Continue reading

Posted in Damages | Tagged , , , , , , | 313 Comments