Five Common Myths About Personal Injury Lawyers

PART I 

If you have been injured, you get only one chance to get the compensation you deserve. One of the most important decisions you’ll make in your lifetime will be the lawyer you choose to take on this task. In today’s blog, I'm going to expose some of the myths about lawyers, that way you can have a better chance at making the decision that's right for you! I know I'm going to get some flack for this, but if I can help just one victim with this critical information, then I will achieve my goal. There are five (5) myths I’m going to talk about. In Part I, I will discuss the first two (2). 

MYTH #1:            EVERY ATTORNEY HAS ABOUT THE SAME AMOUNT 

                          OF EXPERIENCE AND TRAINING.

The truth of the matter is that experience and training differ greatly from attorney to attorney. Some attorneys may have years and years of experience drafting wills or shuffling papers in real estate transactions. Why would you want that lawyer representing you in your personal injury case? If you have been injured, you don't want some paper pusher on your side! 

The lawyer you hire for your personal injury case should have a "proven" track record of taking cases like yours to court in front of live juries and WINNING! Only an experienced personal injury attorney can give you the peace of mind of knowing that you have given yourself the best chance of winning a large settlement or verdict. 

Many attorneys have lots of cases, but they have never taken them to trial! Many lawyers prefer "out of court settlements," and some of the reasons attorneys may not take cases to trial are that the facts or evidence may change as the case progresses or it may be more cost effective to settle the case rather than take it to trial. Sometimes, however, it is because they don't have the skill to take their cases to trial, even if they are offered less than the case is worth. Most insurance companies know who will try cases and who won’t. More than likely, those insurance companies will never offer you what you truly deserve when they know that your lawyer probably won't take your case to trial because he may not have the skills necessary to try a case in court. 

Please don't be bashful in asking the lawyer these tough questions; "How many cases have you taken to court? How many have you won? How many years of experience do you have as a trial lawyer?" These are the kinds of questions you better ask any lawyer you see. 

The legal profession is like any other profession when it comes to experience, every professional needs experience! Why let someone gain experience on your dime? When you need help, make sure it is the best help available so you can get the most benefit from it. Let the inexperienced lawyer experiment with someone else's legal problems - NOT YOURS! 

MYTH #2:           IF A LAWYER IS ON TV, HE MUST BE GOOD.

Just because a lawyer appears in TV commercials, doesn't qualify him or her to handle personal injury cases. Amazingly, some lawyers who advertise on TV may never have tried a personal injury case! Some lawyers who advertise on TV don't even appear on the commercial themselves, but hire paid "actors." Please don't be fooled by those slick commercials. If a lawyer doesn't have the right tools and experiences that you are looking for, then don't hire him or her. 

If you do talk to a lawyer who advertises on TV, then ask him or her the very same questions you would any other lawyer, "How many cases have you taken to jury trial? How many have you won? How many years of experience as a trial lawyer do you have?" If all a lawyer has to offer is a slick TV commercial, do you want to trust one of the most important decisions of your life to that kind of lawyer? 

I hope this information helps you in choosing the best lawyer for you. If you have any questions please feel free to call me at 304-345-3400 or 1-800-247-2845 or to learn more about me and my firm go online to www.jeffreytjones.com. 

What Damages Can You Recover In A Personal Injury Case

Personal Injury Lawyer Jeffrey T. Jones discusses eight damages that could be recovered in a typical personal injury case.

When a person is injured through someone else’s negligence they are entitled to be reimbursed for the loss or damages they have suffered. 

I have been practicing personal injury law for over twenty-five (25) years and one of the first questions I almost always get asked, whether it’s in a car accident, slip and fall or any other injury case, is “what damages can I recover?”

The damages an injured person can recover vary from state to state, but usually these are generally the damages that can be recovered:

Pain and Suffering: Ordinarily, the most valuable element of your bodily injury claim is the right to compensation for physical pain and mental anguish you have suffered and will endure in the future because of your injury.  These general damages are in addition to and may be far more than the amount of your lost earnings and medical expenses.

Medical Expenses: the cost of all reasonable and necessary medical expenses incurred and that are reasonably certain to be incurred in the future because of your injury, are recoverable.  These expenses include past (already incurred) medical expenses and also future medical expenses, which may be the product of the original injury or that result from an increased susceptibility to future injury.  All forms of care and treatment , whether hospital, medical, therapy, nursing, diagnostic testing, surgery, physical rehabilitation or pain management are included if they are related to the original injury.  In most cases, you can recover the full value of your medical expenses from the responsible party, even if your health insurance has paid all or part of your bills.  However, you may have to reimburse your health insurance for the bills they paid.

Loss of Earnings: You also may be entitled to recover the loss of earnings suffered from your injuries.  Thus, wages commissions, bonuses and all other earnings and fringe benefits may be recoverable.

Future Loss of Earnings: If your injuries permanently limit your ability to earn, you may recover the value of the reduction in earning capacity that you can prove with reasonable certainty will occur in the future.  These damages compensate you for your lost earning power over the remainder of your working years.

Death: Damages for wrongful death are available for the wife, husband, parent and child of the deceased person.  Sometimes, persons related by blood or marriage, who were dependent upon the deceased, may recover.  Damages are not limited to economic loss and may include damages for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance or education.  Damages are available for the deceased’s estate, as well.

Disfigurement: If the injury causes scarring or other unsightly marks, you may be entitled to recover for the disfigurement and humiliation or embarrassment associated with the disfigurement.

Damage to the Marital Relationship: Serious injuries to one’s spouse may cause damage to the marital relationship.  If this occurs, you may be entitled to recover for the loss of society, affection, assistance, conjugal fellowship and loss or impairment of sexual relations that occurs.

Damage to Your Vehicle or Other Personal Property: You are entitled to be made whole for any damages to your personal property.  When your vehicle can be repaired, you are entitled to recover the reasonable cost of restoring the vehicle to its condition before the collision.  In addition, you may recover the cost of substitute transportation necessarily incurred while they are repairing your vehicle.  If the cost of the repair is more than the value of your vehicle ( a total loss) you may be entitled to recover the full value of your vehicle before it was damaged.

Remember, if you’re injured due to someone else’s negligence, always check with a local attorney to see what damages you may be entitled to recover.     

Jeffrey T. Jones is an attorney in Charleston, West Virginia.  He is licensed to practice in the State and Federal Courts of West Virginia and in the State of North Carolina. 

He is past President of the West Virginia Association for Justice and has been honored as Member of the Year.  He has also been recognized as one of the Top 100 Trial Lawyers in West Virginia.  He has appeared in USA TODAY as an Emerging Business Leader To Watch.

He represents persons injured or killed in accidents and has written the West Virginia Automobile Accident Injury Guide and a Special Report dealing with car accidents, personal injury and insurance companies.

To learn more about Jeff or to order his book, guide or Special Reports, go to http://www.jeffreytjones.com/ or call 1-800-247-2845 or 304-345-3400.