Personal injury settlements are final at which time you will be required to sign a full “general release” of all claims. The same applies after a jury has found for a verdict in your favor. There are however a number of exceptions to this and once again you should consult with an an attorney who can advise you in consideration of your particular set of circumstances. Structured settlements, are sometimes used to protect accident victims from the effects of latent injuries, which will pay you or your heirs damages periodically for the rest of your life and beyond.
Monies received for pain and suffering in a personal injury case is considered compensation for those injuries suffered, not a financial gain, and therefore awards in personal injury cases should almost always be tax-free.
No one case is the same; therefore each case has its own lifespan. Cases vary greatly based on a number of factors including: the nature and extent of your injuries, required medical treatment, time missed from work, the complexity of the case, the number of experts required, the number of parties involved, the court the case is filed in, the number of judges available to hear cases, motion practice and a host of other factors. However, it is safe to say, that the lifespan of most personal injury cases, is anywhere from 6 months to four years before completion. Often Riviere Advocacy Group LLC., may attempt to settle your case before filing suit where feasible. Any attempt to settle will usually be attempted after an average of 4-6 months of regularly-scheduled medical treatment, which will end when the Doctor releases you at, Maximum Medical Improvement otherwise commonly referred to as MMI.
Not necessarily. In fact most cases never see the courtroom. Statistically speaking, 80-90% of lawsuits never go to trial. They are either settled, dismissed due to motion practice, or dismissed due to summary judgment.
If you are injured while working for your employer and it is your own fault, nobody’s fault, or the fault of your employer or coworkers, you can only recover through a Worker’s Compensation claim. Furthermore, by law you can’t be compensated for “pain and suffering” or other non-economic damages. However, if you are injured on the job due to the fault of a Third Party (such as another automobile driver with no employer-employee relationship with your Employer), then Riviere Advocacy Group LLC., can file a Third Party claim and attempt to recover those damages that otherwise would not be recoverable, to include “pain and suffering.”
This is a question that is commonly posed by clients. As mentioned previously, no two cases are the same, and your recovery will be unique to your circumstances. There care certain factors that will allow a glimpse into how your recovery may be valued by the insurance company. These are the injuries or damages suffered compared to your amount of fault in the accident. Putting a value on cases at the outset is not something that attorneys can usually readily determine. It takes some time to for the attorney to look at the evidence at-hand, your injuries after being fully examined by medical professionals, as well as the defense presented by the other parties for a discernable amount to be determined.
A case is essentially a battle between stories. The plaintiff’s attorney tells his client’s story through the pleadings, motion practice or if it goes to trial, at trial. The attorney then supports that story with evidence in the form of witness testimony, medical testimony, photographs, videos, films, and other physical evidence.
Then, the defense attorney tells his side of the story in the same way. At the end, the case either settles based upon this evidence, or at the end of a trial, the jury is going to find in favor of the side with the most credible story. Jurors are smart, and they look for holes in the story. They look for lies and omissions. They like to reward honest people and punish liars.
t is always in your best interest to consult a criminal defense lawyer as early as possible if you suspect you will be facing the criminal justice system. Whether or not you believe you have been wrongfully accused, an attorney will fight for your legal and constitutional rights and monitor the proceedings for legality and fairness. If you cannot afford an attorney, you may be eligible for free legal counsel.
If the police arrest you, immediately say to them “I want to speak to a Lawyer”. This immediately puts an end to any type of interrogation and will protect you from saying anything that might incriminate yourself. Even if you are innocent and were in no way involved in the crime for which you have been arrested, ask for an attorney and do not speak to the police without a criminal defense attorney present. Here is s list of other things you should not do:
- Do Not Consent to a Search
- Don’t Answer Questions Without Your Attorney Present
- Do Not Be Hostile; Do Not Physically Resist
- Do Not start Informing on Others Without Your Attorney Present
Most criminal defense lawyers will want to know your prior criminal history and what you expect from the case. They will review the facts of your case and spot the legal issues and defenses that may be available. They will lay out the legal process in court and what to expect over the next few weeks/months. Most criminal defense lawyers will assess your likelihood of success and variables such as the experience of the police officers involved, the judge and the prosecutors.
If you have the police report, bring it. Bring any court papers the case you are facing, as well as, any prior cases. Bring anything that you think is important to your case!