Frequently Asked

Questions Regarding Personal Injury Lawsuits

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FAQS

Frequently Asked Question
How Much Can I Expect to Get from My Personal Injury Lawsuit?
The answer to the question of how much a personal injury case is worth comes down to the damages awarded in the case. These damages are how a court determines what your injury has cost you in terms of finances, physical condition, and mental or emotional pain and suffering. The attorneys at Arnona Rose will work closely with you to determine how much you might expect to receive.
How are damages in a personal injury case paid?
Damages awarded in a personal injury lawsuit are paid by the person or business responsible for the injuries. In some cases a settlement is negotiated between the plaintiff and the defendant (usually through their attorneys and insurance providers), while in others the case goes to trial and the settlement is ordered by a judge or jury.
What about personal injury attorney advertisements?
It is common to see or hear personal injury attorneys advertising on T.V., on the radio, and in the yellow pages. Are these advertising attorneys the best choice for a personal injury case? In general, advertisements are a poor way to select an attorney.

Many advertisements are actually placed by referral agencies, who simply forward you to one of their member attorneys in exchange for a large fee for providing this service. Even if the advertising is done by the law firm, it is no guarantee that they will take your case unless there is a large settlement to be had.

In truth, the best personal injury lawyers rarely need to advertise as they keep very busy simply from referrals. The reason they receive so many referrals is that other attorneys know they are the best in their field and send personal injury clients to them on a regular basis.

What are personal injury lawsuit punitive damages?
Punitive damages are awards that are meant to punish the defendant for particularly heinous conduct or excessive carelessness or recklessness. Because these damages are meant as a punishment they are arrived at quite differently from compensatory damages.
Punitive damages are meant as a deterrent to future behavior that could cause similar accidents, not only to the defendant but also to others who might engage in such reckless behavior. It is not unusual for punitive damages to exceed tens of millions of dollars and due to this some states have instituted caps on punitive damage awards.
What are the most common compensatory damages awarded in personal injury lawsuits?
• Medical Costs: Because there are almost always medical costs associated with a personal injury claim, these are the most commonly awarded damages. The court will award an amount equal to your current medical costs as well as compensation for any ongoing or future treatments associated with your injuries.

• Lost Wages: In many cases your injuries will have impacted your ability to work and earn a salary. Damages for lost wages are common too, not only for the money you have already lost as a result of the injury, but also any salary or wages you would have earned in the future were it not for your injury.

• Property Damage: If you had damage to any property (automobiles, clothing, personal effects), you will be compensated for the fair market value of these items.

• Pain and Suffering: While it can be difficult to place a monetary value on your pain, you may be entitled to compensation for any pain suffered as a result of the accident or injury, as well as compensation for any pain you may experience in the future that is a direct result of the injury.

• Emotional Suffering: As with pain, emotional suffering can be difficult to quantify in terms of dollars. Still, if you have suffered emotionally or mentally as a result of the accident you may be entitled to compensation for that suffering. These awards are typically for more severe accidents and can include compensation for anxiety, loss of sleep, and fear experienced as a result of the accident.

• Enjoyment loss: If your injury is permanent or disfiguring and causes a loss of your normal hobbies, exercise or other recreational pursuits you may be entitled to damages for loss of enjoyment.

• Consortium loss: These are damages awarded for any loss of relationship with your spouse. This can include sexual relations as well as companionship. In some states the impact on a parent/child relationship can also result in damages due to consortium loss. In some cases, the damages for consortium loss are awarded to the affected spouse or child rather than the plaintiff.

Do I have to hire a personal injury lawyer once I meet with him?
No, you do not. Our personal injury lawyers offer free consultations to determine if they will take your case. These free consultations can also be used by you to determine if you want the lawyer to represent you. Hiring a personal injury lawyer is a big step and it makes good sense to consult with several to find one you are comfortable using.
Do I need a written retainer agreement?
Yes, as this is the best way to protect your rights. Most personal injury lawyers use a short and simple agreement, but be sure to read the whole document and ask questions if anything is unclear to you.
I’ve been arrested. What should I do?
Contact the criminal defense attorneys at Arnona Rose, so we can begin your representation. An effective defense attorney will aid you in decisions about bond/bail, and in certain instances can even get your bond/bail lowered.
What is my civil case worth?
There is no rule to determine the value of your case. Every case has different facts and elements, which influence this determination. The severity of one’s injuries, medical bills, lost wages, and loss of life and other evidence can and will bear on what your case is worth. Let the personal injury attorneys at Arnona Rose aid you in gathering all the support you need to prove your case.
What are personal injury lawsuit compensatory damages?
Compensatory damages are the most common type of personal injury lawsuit awards. These are awards that are meant as compensation for whatever was lost by the plaintiff as a result of the accident and injuries suffered.

The intent of compensatory damages is to make the person complete once more from a financial standpoint. Of course, this can be difficult because it entails putting a dollar figure on all the effects of an accident and injury. While some compensatory damages are easy to arrive at, for example lost wages and medical bills, others are more difficult to arrive at.

Can the plaintiff’s actions affect damage awards?
Yes, there are situations where the plaintiff’s actions may have contributed to the accident, or their inaction after the accident may have contributed to injury. These situations can result in a lower settlement in a personal injury lawsuit. Here are some of those situations:

Comparative Negligence: If the court determines that you were even partially at fault for the accident your award will reflect that responsibility. Most states link damage awards to degree of fault in an accident or injury.

Contributory Negligence: There are only a few states that have the concept of contributory negligence, but in those that do you may not be eligible to receive any compensation if it is determined that you had any fault in the accident.

Failure to Mitigate Damages: Most states have stipulations that make the expectation for plaintiff’s to minimize the amount of loss they experience following an accident. If it is determined that you did not take some action that could have reduced the impact of the accident on your finances or injuries you could be faced with a reduced level of damages being awarded.

How much does Arnona Rose charge for personal injury cases?
Our personal injury lawyers work on a contingency basis. This means that they only get paid (typically a percentage of the settlement) if they win your case. Contingency fees vary from state to state, but in most cases will range from 30 to 40 percent.
How do I find a personal injury attorney?
There are several sources you can use to find a good personal injury attorney. Friends, doctors, online directories, the state bar, and other sources can point you in a certain direction, but there are no guarantees that they will refer you to a good attorney. One excellent way to find a good personal injury attorney is to get a referral from an attorney you already trust. If you don’t know any attorneys, maybe you could use one that your friends or family trust.

This does not have to be a personal injury attorney. The important thing here is that you trust the attorney’s referral and that they will be able to understand exactly what you need in the way of legal counsel. This will enable them to direct you to the best personal injury attorney for your case.

Another source of referrals is attorney referral services, such as that offered by most state bar organizations, a membership organization such as the American Association for Justice, or an online directory.

What Questions Should I Ask Before Hiring A Personal Injury Attorney?
This will depend on your specific case, but here are some generic questions to get you started:

• What areas of law do you specialize in?
• Have you taken cases similar to mine in the past? How many? How did they turn out?
• Will other attorneys beside yourself be working on my case?
• How long will it take to resolve my case?
• Do you work on a contingency basis?
• Can I do anything to improve the chances of my case being successful?
• If I try to contact you how long will it take for you to return my call?
• Who will answer my questions if you are unavailable?
• How frequently do you go to trial?
• If I am offered a settlement and you recommend I settle, but I disagree, will you still take the case to court?
• Conversely, if I am happy with the settlement offered, but you think we can get more by going to court, will you agree to settle out of court?
• Have you ever been censured or disciplined by any legal or ethics committees in the past? If so, why?
• Can you provide me with references to past clients?

What is my next step?
Our experienced and dedicated personal injury attorneys will work hard to protect your rights and ensure the best possible outcome for your case. Schedule a free consultation today so we can get started working for you.
When should you hire a criminal defense attorney?
The best criminal defense begins from the start, hire an attorney immediately after being arrested or issued a criminal summons. Contact the criminal defense attorneys at Arnona Rose to begin your representation today.
I’ve been in an accident. What should I do?
In Louisiana, most injury cases prescribe within one year. As such, if you cannot settle the case with the insurance company within one year, a lawsuit must be filed to preserve your rights. You should contact a personal injury attorney immediately to assist you in gathering the evidence needed, and to communicate with insurance companies for you. Let the personal injury attorneys at Arnona Rose get started on your injury case today.
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