Types of Damages in a Lawsuit
The word “damages” is perhaps the most often used term in any lawsuit. But like any other legal term, it has a very specific meaning, and has to be used in the right context. However, one may assume that damages simply refer to a physical injury or the outcome of any accident. But that is not the case, not only does the term “damage” have a specific definition, it is also has a variety of types and connotations specifically to be used as per the case in question. Any top injury lawyer will be able to tell you all about it. So, we are here to demystify the concept of damages for you. Simply put, as per the definition by Kenton, civil damages refer how to much money you may get in a settlement or court award. Damages are further divided into – (a) compensatory, (b) nominal, and (c) punitive. The type of damages as well as the worth of your claim can be decided as per the documentation you provide to your injury attorney to highlight the outcome of your accident. Some examples of such documentation are: 1. Medical expenses 2. Photographs 3. Transportation bills 4. Receipt to show for any equipment / devices you need to buy, for example, wheelchair 5. Proof to show for any housekeeper / help you had to recruit due to the injury Please note that the above list is not exhaustive. Your personal injury lawyer will ask you for an exact list of things required which are relevant to your claims and damages. Now that we know about the documentation which helps arrive at the damages, let understand the different types of damages: 1. Compensatory damages – These damages refer to the ones which can be identified easily and are concrete in nature. For example, damage to property, physical injuries and resultant medical care, loss of income, etc. Compensatory damages are further divided into: a. Economic damages – includes loss to income, medical expenses, etc. b. Non-economic damages – includes pain & suffering, emotional trauma, insult / humiliation, loss of any lifestyle habits (unable to carry out certain activities, say cycling) Your injury attorney will consider the economic and non-economic damages to arrive at the claim. 2. Nominal damages – These damages refer to a small amount given to a victim in case where the legal rights of the plaintiff have been violated but no suffering has occurred, per se. Since no actual loss has happened, the damages paid are low or nominal. In such a scenario, you may hire a personal injury lawyer or may even decide to self-represent. 3. Punitive damages – These damages included a two-fold motive – (a) provide settlement to the client and (b) punish the defendant in light of the error committed. This is usually in cases where there is a need to set an example or deter the at-fault party to commit such an act again. An example of punitive damages would be a manufacturer selling a product using false claims due to which a customer suffers an injury. Hence, in such a case, the victim may be awarded punitive damages which provides compensation and punishes the manufacturer. Since these are the most severe kind of damages, the compensation is usually higher than nominal and compensatory damages. At the same time, punitive damages are also the most difficult to prove. If you or someone you know has suffered an injury due to someone’s negligence and you need the best injury attorney, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury lawyers. Our consultation is free and we do not charge a fee unless we win your case.
All You Need to Know About Compensation for Laser Hair Removal Burns
Click Here To Calculate Settlement Laser hair removal procedures are on the rise in the United States. They’ve become a routine cosmetic procedure and their demand is ever increasing across the country. However, it is important to note that since it is a very technical process involving heat, qualified personnel are pertinent. Despite that, one may end up with burns of varying degrees. In such a case, it is important to hire a burn injury lawyer to get you the compensation you deserve. In cases where a client may end up with burns, it is most often a first-degree burn, which might be less severe, but it is definitely painful. Needless to say, a second-degree burn, in which the top layer of the skin is penetrated which may cause redness or blisters, is extremely painful, and lastly, a third- degree burn is the most severe kind and penetrates through all layers of the skin. Burns of any degree are painful, can scar the skin, and of course, leave mental trauma. There are a few factors which put you at risk of burns during laser hair removal: As the demand is increasing, laser hair removal is being offered at competitive prices. This is leading to recruitment of inadequately trained professionals, which reduces the cost as well as meets the demand for more staff. As is predictable, this increases the chances of errors, hence, the number of injuries. Additionally, to meet the higher demand, a new and faster equipment called Intense Pulsed Light is being used for laser hair removal. This machine generates heats very fast and quickens the process of hair removal. At the same time, it also increases risk of burns. The professional has to very careful while using this equipment. The above stated factors combined can very easily become a recipe for disaster by increasing the risk of burns. To minimize the risk, it is always advisable to go to a well-known and reputed center for laser hair removal. You can read reviews online, call the center and ask them about their staff’s qualifications before you make an appointment. Despite all efforts, if you get a burn injury of any degree due to someone’s negligence during the laser hair removal procedure, it is recommended that you hire a burn injury attorney. Based on the nature of negligence, your burn injury lawyer will help you file a claim for compensation. To have a strong claim in place, it is important that safely keep your medical expenses, photographic evidence of scars / blisters, confirmation of appointment, etc. Share these with your burn injury attorney for more so that they can build a strong case for you. If you or someone you know has suffered burns due a laser hair removal procedure and you need the best burn injury lawyer, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced burn injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
What to Expect in a Car Accident Settlement with Allstate?
Allstate is one of the oldest and wealthiest insurance companies in the United States. Founded in 1931, its net worth as on March 2021 stands at $3.505 Billion. Recent data suggests that Allstate Corporation provides insurance cover to nearly 113 million people. Allstate’s major business is private passenger auto and homeowners’ insurance, primarily offered through agencies. The scale of Allstate’s business and profits can be gauged form the numbers we have shared above. However, like other insurance companies, Allstate works on a “for-profit” agenda. Their objective is to make as much money as possible by charging hefty premiums and giving miniscule settlements. Hence, if you’ve been in a motor vehicle accident, for instance, a car accident you’ve to file the claim with Allstate, it is best you leave it in the hands of a car accident lawyer to take a lead on the settlement. But it is always good to be prepared. Here is some important information about the process involved while filing a claim with Allstate and some caveats involved. History of low offers: First things first, Allstate does not enjoy the best reputation when it comes to settlement. They’re known to undervalue the loss / injuries caused and offer lower than expected compensation. It is best to let a qualified and experienced injury attorney handle it. Use of Colossus: Allstate uses an in-house, complex software which calculates the settlement amount based on various factors. The biggest downside of this software is lack of human involvement in the whole process. This truly undermines and often ignores various important aspects of the accident in question. Moreover, they try to convince the victim to settle for their offer even before they have tome to get an injury attorney, don’t fall in this trap. They have lawyers in-house: One of their biggest cost-saving strategies is using in-house lawyers for as many cases as possible. Moreover, these lawyers are completely aligned to Allstate’s goals of low offers and quick settlement. These lawyers, while are on Allstate’s payroll, are often set up in a dummy corporation and represented as independent and objective lawyers. Please note Never let your guard down if you’re up against Allstate. It is critical that you immediately hire a car accident lawyer, compile all your documentation in consultation with the lawyer, and do not lead any independent conversation / discussion with the Allstate representative. Let the car accident attorney take it forward for you. Don’t worry, we are here for you! It may seem that if Allstate is involved, nothing can be done! No, it is important that you hire a qualified and experience car accident lawyer to represent your interests. They’ll do their best to make sure you get a fair compensation. If you or someone you know has been in a car accident, you need a car accident attorney, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced car accident lawyers. Our consultation is free and we do not charge a fee unless we win your case.
Knee Injuries: Things You Need to Know when Consulting a Lawyer
A knee injury can occur at a work place, due to a slip and fall, a motor vehicle accident, or even while playing a sport. However, regardless of the case, even a mild injury can be very painful and require long-term rest. Such an injury can easily interfere with your day-to-day life and interrupt activities you could do seamlessly before the accident. If a knee injury occurred due to someone’s negligence, hire a knee injury lawyer to get the compensation you deserve. A knee injury can be of various types, it can depend on the cause of the accident as well as its severity. Hence, an injury can vary from an external bruise, broken bone, injured ligament, swelling, or tenderness in knee, among others. Each of these can cause extreme pain. In some cases, one may also need surgery. Some of the common causes of knee injury are: Accident at a construction site: At a work site, for example, falling off a ladder, can cause a severe knee injury. Motor vehicle accident: In a car / vehicle accident, you may hit your knee on the dashboard injuring it. Slip and fall – In a slip and, since one usually falls forward, the knee becomes prone to an injury. Sports injury – In contact sports such as football, the players become vulnerable to knee injury due to falling or bumping into each other. If you’ve hurt your injury in any of the abovementioned scenarios or another cause due to someone else’s negligence, you deserve a compensation. You can hire a knee injury lawyer to represent you. Examples of negligence could include inadequately maintained equipment at a work site which caused the accident, a slip and fall on an icy sidewalk as it was not cleared by the responsible party and caused you to fall, or an inadequately maintained sports ground with uneven patches because of which you tripped and fell. In any scenarios where someone else is responsible for the injury caused, you can ask for compensation. An injury attorney will carefully evaluate the details of your case and ensure that you get the settlement you deserve. It is important that you safely keep all the important information and documentation of the accident so that your injury attorney can put a strong case forward against the at-fault party. Example of such documentation includes medical expenses, proof of loss of income, proof of loss of standard of living, photos (if applicable, for example, in case of a car accident or at a construction site). Your lawyer will be able to tell you the other documents required. If you or someone you know has suffered a knee injury due to someone’s negligence, you need the top injury lawyer, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced knee injury lawyers. Our consultation is free and we do not charge a fee unless we win your case.
What To Expect in a Car Accident Settlement with GEICO
Insurance companies are massive corporations with the intent to make big profits. GEICO, that is, Government Employees’ Insurance Company, is one of the biggest and richest insurance companies in the United States. Numbers suggest that GEICO provides coverage to more than 27 million vehicles owned by more than 16 million people. The ways in which insurance companies make money is simple, while they take hefty premiums from their clients, they try and pay as little in case of a settlement as possible. The same holds true for GEICO. Hence, if you’ve been in a motor vehicle accident, for instance, a car accident you’ve to file the claim with GEICO, it is best you leave it in the hands of a car accident lawyer to take a lead on the settlement. However, we are here to share some trick of the trades and what exactly goes down when you file a claim with GEICO. Step 1 – Claim adjuster is assigned: Once you file a claim, a claim adjuster is assigned to your case. They undertake a thorough review of the case, for example, the injuries sustained etc., and derive a settlement amount based on that. These rates are usually standardized, for example “x” amount for a broken shoulder and “y” for a broken arm. While it may seem straightforward, it is far from that. For instance, if you’ve broken your toe in the accident, the settlement amount may not suffice if you had to go through surgery or had to miss several days of work. Hence, ask your car accident attorney to take a strong position and put your case forward strongly backed by evidence. Step 2 –Proving your case for the compensation GEICO has only one agenda – to pay as little settlement as possible. In fact, the first settlement they offer may be lower than your wildest expectations. Hence, it is absolutely pertinent that you work closely with your car accident lawyer, share the most minute details of the accident, provide all important documentation (medical bills, photographs, witness information, etc.), so that you’re in a strong bargaining position. Your car accident attorney, using this critical information, will fight for the compensation you deserve. Things to remember GEICO is a leading insurance company and handle such settlements day in and day out. It is important that you never let your guard down. Make sure you don’t interact with their representative without prior notice to your car accident lawyer. Do not share any documents with them directly. Let the car accident attorney take it forward. Lastly, don’t worry! It may seem that if GEICO is involved, it is a lost battle! No, it is important that you hire a qualified and experience car accident lawyer to represent your interests. They’ll do their best to make sure you get a fair compensation. If you or someone you know hasbeen in a car accident, you need a car accident attorney, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced car accident lawyers. Our consultation is free and we do not charge a fee unless we win your case.
Neck Injuries: Things You Need to Know when Consulting a Lawyer
Neck injuries and its impact on overall health, mobility, and lifestyle can be life altering. Even mild pain in the neck can cause enough discomfort for us to not be able to carry out day-to-day activities, hence, more severe the injury, worse the impact on health and our everyday life. In fact, neck injuries caused due to not fault of your own need to be compensated by the at-fault party. A neck injury lawyer can help you get the right compensation. Read on to know more about neck injuries and what you can do if you get injured due to someone’s negligence. Types of neck injuries Whiplash – It is one of the most common type of neck injuries usually caused due to a front jerk to the neck. For example, if you’re driving and another motor vehicle hits you from behind, you’re bound to get a jolt in the neck. The consequent injury is called a whiplash. The soft tissues of the neck get damaged causing a painful injury. Damaged nerves – A blow to the front or to the side can damage the nerves of the neck causing serious, and sometimes long-term injury. For example, if you’re playing a sport and the slippery unmaintained ground causes someone to fall over you or push you causing a jerk in your neck from the side, this could lead to damaged or pinched nerves. Herniated cervical discs –Discs simply deteriorate over time with age. However, it can also occur due to an accident, such as a slip and fall, say on an icy sidewalk or a motor vehicle accident. A herniated cervical disc can press the nerves and cause severe pain in the neck which can cause tingling in the arms as well. It can cause extreme discomfort in carrying out daily tasks. Some common causes of neck injuries are motor vehicle accidents, slip and fall, accidents on a work / construction site, and collision or fall in a contact sport. The treatment of any neck injury depends on the severity. While in some cases a few physiotherapy sessions might do the trick, for example, if someone has suffered a neck sprain, but in some situations, one may even need surgery, especially in case of severe herniated disc. Neck injury due to someone’s negligence requires the expertise of a neck injury lawyer. They can help you evaluate your damages, including medical expenses and other tangible / non-tangible damages. Moreover, the injury lawyer can take over the entire process of legal proceedings so you can fully focus on your recovery and healing. Before you get an injury lawyer, remember to get adequate medical care and treatment. A neck injury lawyer is best placed to get you the compensation you deserve for the physical and mental trauma. If you or someone you know has suffered a neck injury due to someone’s negligence, you need the top injury lawyer, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced neck injury lawyers. Our consultation is free and we do not charge a fee unless we win your case.
Not Happy with the Settlement Offered by Your Personal Injury Lawyer? – Here’s What You Can Do
Suffering a personal injury brings its share of physical and mental trauma. We hire a personal injury attorney to help us navigate through the complexities of the law and guide us on the best way forward; all for getting the compensation we deserve for our sufferings. But what do you do if you’re not happy with the settlement the injury attorney brings to the table? For a moment, it may seem like a big task at hand, but we are here to guide you. If you think the settlement offer by the personal injury attorney is too low, here is what we suggest: Do not be impulsive to respond: We recommend that you take the time to carefully analyze the offer and understand it. Ask as many questions to your personal injury attorney as to why the settlement is low. If you’re still not satisfied, go ahead and reject it. But be rational, calm, and patient. Document your response: It is important that you respond to the offer extended by the personal injury attorney in writing. However, before putting it in writing, you can always talk to your injury attorney about the “why’s” and “how’s” of the offer. Address gaps in information: It is possible that the initial settlement offer is low because the personal injury attorney does not have all the details of the injuries and other expenses. If that appears to be the case, provide all the information to them and wait for the revised offer. Ensure that there are no more gaps in the information. In this scenario, have a detailed conversation with your injury attorney and ask them about the specific damages that can be included in your claim. Propose a counteroffer: If you’ve a settlement or compensation in mind, share it with the personal injury attorney so that they can provide you the best possible solution in the scenario. Trust your injury attorney: It is important that you trust your personal injury attorney. However, that does not mean you settle at the first offer or accept it even if you’re unhappy, but have an open mind and freely discuss your concerns with them. Your satisfaction with the offer is any injury attorney’s first priority. 6. Ensure your injuries are healed: Before you accept the settlement, make sure you’re completely healed from all your injuries or you’re fully aware of the future medical bills. Otherwise, you might end up with a low settlement which will not cover the medical costs required for you to fully recover. If you or someone you know has been injured due to someone’s negligence, you need the top injury attorney, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
MV-104 – The New York State Holy Grail of Road Accidents
If you drive in New York, the one thing you should know about is the MV-104, that is, themotorist accident report. Section 605 of the New York State Vehicle and Traffic Law requires all drivers who’ve been in an accident and either (a) injured or killed, or (b) or suffered property damage (including all parties) of more than $1000 must file a report within10 days. If not, the DMV holds the right to suspend the license of the person involved. To file the report, the MV-104 form has to be filled. Here are some important things you should know about the MV-104: A copy of the MV-104 will be required by the car accident lawyer representing the injured party. It is important that you let the car accident attorney review the MV-104 before you submit it. As a part of the MV-104 reporting, the following information is also required: a. Whether or not the accident only caused property damage. This will include reporting information involving the personal exchange of your driver’s license, registration and insurance information with the other drivers involved in the accident. b. Whether or not any parked vehicles or other property was damaged due to the events of the accident. This also includes any information about a domestic animal being injured and the animal’s owner information. c. Whether or not the property damage to any party involved in the accident exceeded $1,000 or more, and if this is the case then this is really where the MV-104 form comes to play. It’s important to know that the DMV can suspend your license if you don’t file an MV-104 form within 10 days after the day of the accident. d. It is always legally required to immediately notify the police in the situation that someone was injured or even killed in a vehicular accident, and the drivers and the police will be required to file a report to the DMV A page-by-page guide of filling the MV-104 is provided here. As would be evident from above, filling a MV-104 can be complicated. To further add to it, are the abbreviations, codes, and symbols that many people may not understand. However, you can always ask your car accident attorney to fill this out for you. Their expertise in this area will ensure that the form is filled duly and all the details are properly described. Moreover, a duly filled MV-104 is the first step to compile the documentation required to file the claim. In fact, the information included in the MV-104 form could potentially play a significant factor in determining how much money in damages you’ll end up receiving for any accident situation. If you or someone you know needs a car accident attorney, contact Siler & Ingber today. We are present in Bronx, Brooklyn, Manhattan, and Long Island. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced car accident lawyers. Our consultation is free and we do not charge a fee unless we win your case.
Changing your Injury Attorney Mid-Case – Here’s How to Go About It
In case of a personal injury of any type, we need the best injury attorney to represent our interests. By trusting their expertise, we expect that our interests will be duly and fairly met. However, in some cases, one may wish to switch to a different personal injury attorneybecause of various reasons. But, is that possible? As per the rules of the law, it is, however, with a few limitations. Here’s all you need to know about it. Firstly, what are the situations under which one would want to switch from one injury attorney to another? Here are a few scenarios: The client has a disagreement with the injury attorney’s approach to the case. The personal injury attorney is not responsive, that is, does not return phone calls, emails, or attend meetings. The lawyer is taking too long to move forward with the case. There is a lack of trust between the client and the injury attorney. The personal injury attorney is compelling the client to take a settlement they don’t want. The injury attorney refuses to move forward with your case due to some challenge at their end. The personal injury attorney does not have adequate experience in handling a case of a specific nature, for example, slip and fall or a car accident claim. If you’re looking to switch your personal injury lawyer anywhere in New York, whether Bronx, Brooklyn, Queens, Manhattan, or Long Island, the process is simple and straightforward, but it is important that you find a replacement beforehand. This will ensure that the case continues to progress without any unnecessary delays. Moreover, it is possible to switch your personal injury lawyer even after the legal process has started. You can switch your personal injury attorney for any kind of case, whether it is a sports injury, a motor vehicle accident, a slip and fall, or even an injury at work. As long as you’ve been injured due to someone’s negligence, you can get the injury attorney of your choice. If you’re unhappy with them, you should be able to switch them at any point. It is always advisable to work with a personal injury attorney from a reputed law firm whom you trust to deliver as per your expectations. Having a good injury attorney is the first and most critical step to get the settlement you deserve regardless of the nature and complications involved in the case. If you or someone you know needs the best injury attorney anywhere in New York state, contact Siler & Ingber today. We are present in Bronx, Brooklyn, Manhattan, and Long Island. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
All You Need to Know About Self-Representing in a Personal Injury Case
In case of a personal injury settlement, you may decide to represent yourself instead of hiring a personal injury attorney. While it is a viable option, it is also very important to be prepared. Here are a few things to know before you consider representing yourself in a personal injury claim. Type of injury settlement Personal injury claims can include any type of injury, be it due to a car accident, slip and fall, or medical malpractice, among many others. But it is important that you thoroughly go through the acts and laws which govern the specific type of accidents. You can get an expert on board for a short period to orient you to these details. When to consider self-representation Personal injury claims are complicated. It is important to know when is the right time to self-represent, and you can use these two important factors – Clarity of fault: if it is absolutely clear, with no shadow of a doubt, that the accident has been caused due to someone’s negligence, and you have witnesses who will testify among other strong evidence, you may consider self-representation. Minor injuries: if you’ve suffered minor injuries and the party at fault has acknowledged their negligence and responsibility to pay for the medical bills, you can consider settling the case yourself. However, remember that even if the abovementioned scenario is true, it is possible for the negligent party’s lawyer or insurance company to turn it around in a way that’ll affect your settlement negatively. Hence, it is important that you consider the choice carefully before you decide to self-represent. You can always hire a top injury lawyer to represent you, and if finances are a constraint, consider recruiting a personal injury lawyer from a firm that does not charge a fee unless they win a case, like Siler and Ingber. Once you’ve decided to take up the case on your own, here are a few important things to get started: Compile all the documentation, such as medical bills, relevant emails, bills of any other expenses incurred. Get photographic evidence, if possible. Click pictures of any damage to property or anything which showcases negligence, for example, if you slipped in the snow outside a store, click a picture of the snow lying outside to show that it was not cleared. Talk to witnesses, if present. It is important to bring witnesses on board so that they can testify for you. Be thorough about the current legal system in place to take care of the type of injury you’ve suffered, for example, the time limit of the claim. Do not publicize the information of the accident, for example, on your social media as it can be misused by the at-fault party. Estimate your damages (exact and general) thoroughly. Using the above, prepare a strong demand letter as that is the first step in getting the settlement process started. Propose a settlement amount that has reasonable scope for negotiation as the at-fault party’s insurer/lawyer will try to lowball your claim. Remember, if you’re offered a fair settlement, take it. It is better than the case going to trial as there’s always a chance that the jury may decide in favor of the defendant, leaving you with nothing. While we encourage self-representation, wherever possible, but we also suggest that you hire a personal injury lawyer to help you navigate through the case, especially those which are complicated. If you or someone you know has been injured due to someone’s negligence, you need the top injury lawyers, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
