Discretion during a personal injury trial

using laptop

The trial process for a personal injury lawsuit can take a long time, and be a stressful process for the plaintiff. However, it’s important to be mindful of your behavior, who you talk to about the trial, and what you say. In today’s connected world, people often use social media such as facebook and twitter to keep in touch with relatives and friends, but it’s worth pointing out that often third parties can see what you post online—including the defendant’s lawyers. Taken out of context, saying the wrong thing, or revealing too much about the trial proceedings could be damaging to your case.

It’s best to remember that a personal injury trial and its associated legal proceedings are sensitive and confidential, and that a high level of discretion is necessary. Talk to your lawyer throughout the proceedings, and if you feel that you need to let close family members know how the trial is going, do so in person, after consulting your lawyer. Stay away from social media, or at least be careful what you talk about. Stick to the weather, local sports, family, and friends. Don’t talk about your injuries, or the trial proceedings, or anyone else involved in them.

Chances are that whatever you could say would be innocuous, but it’s best to let your lawyer define the narrative of what happened, using the evidence and witnesses he has gathered to strengthen your case. Anything taken out of context, particularly about the nature of your injuries, could lead to the defendant’s lawyers slowing down and hindering the process, keeping you from receiving the help you need and the justice you deserve.

The complexity of a personal injury lawsuit

legal papers

When you’ve been injured, and it’s someone else’s fault, you may feel as if a tort case should simply involve sitting down with a judge and having him or her determine how much you are owed. But in reality, a court case is a lengthy process which can involve a great deal of work, a lot of people, and mountains of evidence.

While this can be extremely frustrating when you’re trying to get the justice you deserve and are dealing with the effects of your injury, it’s important to bear in mind that the judge and jury weren’t there when the accident occurred, and can’t just take your word for it that it’s the defendant’s fault. (Similarly, they can’t take the defendant’s word for it that it’s not their fault.) You and your lawyer have to re-construct the events that led up to the accident, using evidence and witnesses and expert testimony. Because you saw it happen, it’s easy to believe that it was simple, but it never is.

When you’re discussing the details of the case with your lawyer, be sure to think carefully through each step of the accident, taking careful note of the different factors and people involved. This will help your lawyer put together a list of potential evidence to gather and witnesses to contact, as well as determine how to present the case.

What are your options if you’re partially to blame for the accident?

When you’ve been injured in the State of Indiana, in nearly any case, you can legally open a civil suit against the person or persons you feel are responsible for the accident. A judge will determine whether or not there is sufficient evidence to proceed with a trial, and may recommend settlement negotiations as an alternative, but if there is enough evidence, nearly any case can go to trial. This process is lengthy and expensive, and it can also entail a great deal of stress and worry for the plaintiff and defendant. In short, it’s a very serious, lengthy ordeal. The only cases which should be pursued are those both with a relatively high probability of success, and those with a relatively high expected payout.

But how do you determine those things? How do you know how much you should expect to win in a personal injury law suit? How do you know whether or not your case is likely to be successful?

Your best option is to speak to an experienced personal injury attorney, who’s licensed to practice in your state. Personal injury lawyers generally do not collect a fee unless they win the case, which is helpful to you for two reasons: first, obviously, if the suit fails, you’re not stuck with extensive legal bills and no way to pay them, in addition to your medical expenses. Second, it means that your lawyer will not pursue a case that he or she doesn’t think is likely to be winnable.

Even if you were partially to blame for the accident, or you might be, arrange for a time to discuss your case with a lawyer. He’ll help you sort out what your options are, and if you’re likely to win. Be honest and frank with him and with yourself, because you won’t be doing yourself any favors pursuing a case that can’t win. If a case can be won, you can bet that your lawyer will be on your side, and will do everything possible to get you the best results.

Suing for property damage?

Often, when you or someone you know has been hurt by someone else (particularly in a car accident), there is significant damage to property in addition to the physical pain suffered. While it may seem insignificant at first, due to the stress and pain (and often anger) that the accident caused, eventually you may realize that the financial strain of the property damage is significant. Under what circumstances should you sue for property damage at the same time as suing for personal injury? Well, there are a few possibilities.

If the cost of the damage was more significant than your injuries, you may be barking up the wrong tree. Even though in most cases your personal injury lawyer will not charge a fee unless you collect, personal injury suits (or any civil suit) are expensive. A lawyer will not pursue one if your physical injuries did not incur significant costs, for two reasons: first, he or she requires a significant settlement to recuperate their costs (remember, they’re not charging you), and also personal injury is their area of expertise. If your injuries are more-or-less taken care of by insurance, and you’re just interested in recuperating damages to your car, you should consider small claims court.

If the main purpose of your suit is to recuperate costs from your injuries, then a personal injury lawyer may be able to help you with the property loss as well. The exact number which you get from a suit is determined by a wide variety of factors and is often eked out during settlement negotiations, and your lawyer can use property damage as a bargaining chip with the plaintiff’s attorneys.

What happens if someone else gets hurt on my bike?

In Indiana, motorcycle accidents can occur for any number of reasons, and in a variety of circumstances. If you’ve been hurt on someone else’s motorcycle—or they’ve been hurt on yours—it could lead to a sticky situation, because chances are if someone was riding your motorcycle, you know them pretty well. Here are some things you’ll need to know if this situation arises:

1. The law doesn’t really care who owns the bike. A personal injury lawsuit will generally focus on who is responsible for the accident. If you own the motorcycle, you could have a problem if it can be shown that you let someone ride it with a known safety issue in place. If it’s the other driver’s fault that someone was hurt on your bike, then their insurance should cover the damage to your bike, and whoever was riding your bike will have to pursue damages against the other driver for medical expenses.

2. Know what your insurance policy says before you let someone else ride your motorcycle. There are a lot of different policies for motorcycle riders in Indiana, and if you plan on letting others ride your bike, you should make sure that your insurance covers that contingency. (Some policies only cover damage or injuries while the owner is riding the motorcycle.)

3. Always make sure that whoever is riding your bike is qualified to do so. Motorcycles may be a hobby, but they certainly aren’t toys. If someone gets hurt while riding without a motorcycle endorsement on their driver’s license, an accident is much more likely to be deemed their fault, which could mean that you and your insurance will be on the hook for damages and medical expenses, which could be a huge financial strain for you and your family.

If you or someone you know has been injured in a motorcycle accident, call Indiana’s premier motorcycle accident lawyers. We can help. We will help.

Motorcycle accident checklist

motorcycle crash

When you’re in a motorcycle accident in Indiana, there are of course immediate concerns, which come up right away. Are you alright? Was anyone else hurt? What was the damage to the bike? Did anyone else’s vehicle sustain any damage? — But later, as you’re figuring out what the accident will cost you, or how much it already has, and you’re considering calling a personal injury lawyer, there are a few other questions you’ll need to have answers to.

What were the costs of treating your physical injuries? These costs may be ongoing, and many, such as continued physical therapy, may not have even accrued yet, but you should be able to do the math. (i.e., if you expect to need six months of physical therapy at $2,000 per month.) If you were brought to a hospital, there will be documentation and a cost breakdown. Be sure to include the costs borne by your insurance company if you made a claim, because these will result in increased premiums.

Who is responsible for the accident, and can you prove it? This is important, if you’re considering a personal injury lawsuit for a motorcycle (or any) accident. Of particular importance is the ability to establish the others’ fault. If you believe that road conditions were to blame, discuss that with your attorney when you speak to him. If there were witnesses to the accident, make sure that you get their information and are able to contact them. Who was the first responder? Can you contact them?

Don’t let a motorcycle accident be more devastating to your life than it already is. Contact a personal injury attorney, and consult with them about your options.

Determining if a motorcycle accident case is winnable

motorcycle crash

Motorcycle accidents can be devastating to your family, your finances, and your health, and while motorcycle riding is slightly more risky than driving a car, that doesn’t necessarily mean that it’s your fault when an accident occurs. In fact, because Indiana law requires a special endorsement for motorcycle riders on their drivers’ license, motorcyclists are among the safest drivers on the road.

The particulars of each case will necessarily be unique in some ways, and pursuing a lawsuit for motorcycle accidents should always start with a consultation with an experienced personal injury attorney. Be sure to be specific and document as much as possible as you speak with your attorney, to make sure that you don’t leave any details out which could be critical to the case.

The factors your attorney will be especially concerned with, in order to determine if there’s a case to be won, are the following:

  • How did the accident occur?
  • Who else was involved?
  • What were the road conditions?
  • Was the weather a factor?

Basically, your attorney will be looking for potential weaknesses in your case, which the defendant’s attorney may be able to exploit. When he or she finds these potential weaknesses, they’ll pursue them further, to see what the facts are, and best determine how to strengthen the case.

 

It might sound strange that your attorney would try to find all the weaknesses of your case, but that is what he or she must do, in order to best represent your interests in court, and be prepared for what the defendant’s attorneys are likely to do. Remember, your attorney gets paid if and when you do, and they aren’t interested in pursuing a case which isn’t winnable.

What you can count on is that if your attorney decides to work with you in pursuing a motorcycle accident case, they’ll stick with you.

Bringing a lawsuit on someone else’s behalf

Usually, personal injury attorneys will work directly with the plaintiff in a personal injury or medical malpractice suit, though there are often cases where a lot of help from family members or friends is needed, because of the extent of the injuries. However, there are a few rare occasions when a lawsuit is necessary, but the injured party can’t bring the case to court for their self. Here are a few scenarios in which this could happen:

1. Wrongful death cases. Naturally, in this case, the wronged party cannot bring the case to court. Indiana law allows for wrongful death cases to be brought to court generally only by immediate family members (spouse or children), who bear the greatest financial burden from the wrongful death. In some cases, the parties who were left to pay for medical or funeral expenses can also bring these suits, even if they are of no relation to the deceased.

2. If the plaintiff is incapacitated. This can only be brought to bear if the plaintiff has signed over power of attorney privileges to the party bringing the case to court. The most common time that this occurs is if the plaintiff is of advanced age, and has already given power of attorney to a family member, in case of medical issues in which they may be unable to make decisions on their own.

3. If the plaintiff is a minor. In general, only parents or legal guardians can sue on the behalf of minors.

4. Class action cases. A class action suit is brought for a large group of people (called a “class”) who may have been injured or in some way harmed by a single entity or group of entities. (A common example would be in the case of a defective medication, which causes harm to several people who are otherwise unrelated to each other.) Often a law firm or consumer advocacy group with be the initiating party in a class action suit. You can “join” a class by filing the appropriate paperwork. It’s best to have your own attorney to consult in cases such as this, in order to help you sort out the best course of action which will work to your advantage. If you’ve been injured by a product or malfeasance by a corporation or government entity, ask your attorney about the costs and benefits of joining a class action suit. The downside of doing so is that accepting an award for a class action excludes your being able to sue individually in the future.

The bottom line is that cases where you’re able to sue on someone else’s behalf are rare, but as in all personal injury cases, consulting with an attorney is the first step in finding out the necessary steps to take, and the most advisable course of action.

Courtroom dramas get it wrong

You may have an idea of how a legal proceeding should go when you pursue a personal injury lawsuit in Indiana, but chances are, you’ve probably got a few of the details wrong. The culprit, as is the case for many common misconceptions, is most often television. When TV shows depict court proceedings, the dialogue is snappy and well-written, often there will be tearful confessions of guilt, and most importantly (and incorrectly), it’s all over by the end of an hour-long television episode.

In real life, while a court case can be exciting (at least we think it is), it wouldn’t make a good television show. There isn’t an evil villain and a tearful victim, there’s only you the plaintiff, and a defendant who is trying to pay you the lowest amount possible for your injuries. Often, this isn’t because he or she is evil, they just feel that they aren’t responsible for your accident. They’re biased. Your lawyers will present a case for their liability, and their lawyers will present counter-arguments.

The main difference between court cases in real life and on television, however, is time. If it goes all the way to a jury trial and award, it could take years. Often, the case will be resolved out of court, without the opposing sides ever setting foot in a courtroom.

At Pfeifer Morgan and Stesiak, we’re not in the business of telling dramatic stories. We simply work hard to make sure that you’re not saddled with the financial burden of your injuries, when they’ve been caused by someone else’s mistakes. It can be a long, arduous process, and it most definitely involves a great deal of effort and patience, but we always see it through.

Knowing when to accept a settlement

The majority of personal injury lawsuits in Indiana are settled out of court, and for the plaintiff, that’s usually a good thing. It means that you get the recompense you need and deserve, without waiting for a lengthy jury trial to play itself out. It also means that you will definitely betting some recompense for your injuries, which a judge and a jury could have denied you. But it’s not over there: settlement negotiations can be where round one ends, and the real work begins. Why this is will require a closer look at why and how settlement negotiations take place.

The plaintiff being willing to settle means two things: it is an indicator of the strength of your case, because the defendant considers that he or she could lose after an expensive and lengthy trial, and be worse off than if they had entered settlement negotiations. Also, it is an attempt on the part of the defendant to get out of the process cheaply. These are both important things to keep in mind during a negotiation.

How the process goes, simply put, is as follows: the defendant and his or her lawyers will make a settlement offer, in order to terminate the court proceedings. If you the plaintiff (with the counsel of your attorney) accept the offer, you sign an agreement to discontinue the lawsuit upon receipt of the settlement money. Chances are good that you won’t want to accept the first settlement offer, though. Remember, when the defendant offers a settlement, you are in a position of power. You don’t want to embitter the negotiations too much, but you also don’t want to accept the first offer out of hand.

That’s what you have a personal injury lawyer for: to help you determine what is the best offer that you’re likely to get, and to fight for you to get the best settlement possible.