The Different Ways a Personal Injury Claim Can Be Resolved

October 28, 2015 By

So you have been hurt in an accident caused by the carelessness or negligence of another person. Do you have to file a lawsuit to get compensation for your losses? What are your options?

You Can Settle

This is actually the path that most personal injury claims take. Typically, you will retain an attorney, who may or may not file a lawsuit, but will immediately identify all potentially liable parties and contact legal counsel to initiate the process of obtaining a financial recovery. In cases where liability is clear, it may not be necessary to file a lawsuit. In other instances, that may be the only way to move toward a settlement. Once the parties come to an agreement on the terms of a settlement, that agreement is put in writing, signed by all parties, and becomes enforceable in a court of law.

Alternative Dispute Resolution

This broad term customarily encompasses both mediation and arbitration.

In mediation, a third party neutral becomes involved, working cooperatively with both parties to identify a mutually beneficial outcome. If the parties come to an agreement in mediation, they put that agreement in writing and it becomes an enforceable contract. The mediator, though, is not a judge and does not make a determination of liability, but only seeks to facilitate a resolution.

In arbitration, the parties present their case to a person or panel of individuals who have specialized knowledge or the legal and/or factual issues involved. The arbitrator(s) will make a decision regarding the outcome of the dispute, which may or may not be binding.

Litigation

The traditional legal process involves an adversarial proceeding before a judge and jury. The actual trial customarily takes up only a very small amount of time…a day or a few days, but the pre-trial period can be months or years. The court will typically order a period of time during which the parties can gather evidence, and will make many rulings in advance of trial, addressing such issues as the admissibility of certain evidence, what exhibits will be allowed, and how the jury will be instructed. In the actual trial, the plaintiff presents evidence first and the defense has an opportunity to challenge or refute any evidence or testimony given. It’s not unusual for the parties to enter into serious settlement discussions after the trial has begun.

Contact the Lawyers at Shaffer & Gaier

For a free initial consultation, contact us online, or call us in Philadelphia at 215-751-0100 or in New Jersey at 856-429-0970. You can also reach our foreclosure hotline at 855-289-1660. Evening and weekend meetings can be arranged upon request. We will travel to your home if necessary to meet with you.

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How Do Personal Injury Attorneys Put a Dollar Value on an Injury?

June 6, 2013 By

There are two types of damages in any personal injury case: compensatory damages and punitive damages. Compensatory damages, sometimes called “actual” damages, are intended to return the accident victim to the status he or she had before the accident.

Obviously, the victim of a serious accident cannot always regain everything he or she had before the accident, especially in the case of traumatic injuries like loss of limb, traumatic brain injury, severe burns or spinal cord injury. However, compensatory damages are still intended to put a dollar value on the losses suffered by the accident victim. In a personal injury lawsuit, compensatory damages are divided into economic damages and non-economic damages.

Economic damages are losses that have an actual monetary value attached to them, such as medical bills, lost wages from time off work, and repairs to or replacement or property. Non-economic damages are where the math gets tricky. The purpose of noneconomic damages is to place a dollar value on things that do not have a dollar value – such as loss of future earnings due to a debilitating injury, permanent scarring, pain and suffering, and loss of family, social or educational experiences.

It is a hard fact for many injury victims to accept, but a personal injury lawsuit will place a hard dollar value on these kinds of “priceless” losses. Usually, the math problem goes something like this:

  • medical expenses x (some number usually between 1.5 and 10) + future lost earnings = total compensation

Your personal injury attorney and the insurance company will negotiate over the number between 1.5 and 10. This is the number that indicates the seriousness of the losses. When injuries are relatively minor, the insurance company may offer a multiplier of 1.5 or 2. You and your attorney may or may not think this amounts to fair compensation. In more serious injury cases, the multiplier may be closer to 5 or – in extremely traumatic accident cases – as high as 10.

Keep in mind, the accident victim may also be entitled to punitive damages if the person who caused the accident acted willfully or with malice.

Contact Shaffer & Gaier After a Serious Accident

If you or a loved one has suffered a serious, life-changing accident, you deserve representation by knowledgeable and compassionate attorneys. To set up a free initial consultation, contact our office online, call our Philadelphia office location at 215-751-0100, or call our New Jersey office at 856-429-0970.

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Safety Takes A Back Seat in Tough Economic Times

April 3, 2013 By

No one can doubt the difficult economic times that we all face. Businesses are also faced with belt tightening that affects both consumers and employees.

Countless studies have shown that when companies face difficult economic obstacles, one of the first measures to be cut is safety. Unfortunately, companies often believe that since safety is not a money producing venture, it can take a back seat to their employees and consumers well being. At Shaffer & Gaier, we have handled several cases where products did not go through the vigorous testing they should have done because the companies were trying to save money toward their bottom line. When these defective products caused injury, it was clear that if the companies had gone through their normal paces, the defects of the products would have been avoided. In addition, we have also had experiences with construction accidents where construction companies have placed their workers at risk by failing to adhere to basic safety protocols because they were trying to add to their profit. Certainly, in these difficult economic times these dangers rise to consumers and workers.

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Defective Drugs and Medical Devices – The FDA Is Not On Your Side

March 30, 2013 By

The change and developments of the United States Supreme Court has taken with regard to unsafe drugs and medical devices are quite simply frightening. Is there really anyone left in America who still thinks that just because a medication is approved for sale by the U.S. Food and Drug Administration (FDA) is safe and without product defects? If so, then the drugs like Vioxx would never be recalled by the FDA. These drugs made it through the FDA’s incredibly lame screening process to hurt thousands of innocent people.

The pharmaceutical industry, and its giant lobbying group, has tried to prohibit lawsuits against drug manufacturers because the drugs that are approved meet the seal of approval by the FDA. Due to the huge problems that these drug manufacturers have had, and the confidential documents that they never disclosed to the FDA concerning negative research, it is frightening that these companies could be immune from liability. Too often, clients contact our office with questions about defective medical devices and/or defective drugs and I am faced with explaining to them the difficult and confusing decisions by the United States Supreme Court that, in effect, takes away their rights.

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Medical Malpractice Lawyers in Pennsylvania and New Jersey

February 28, 2013 By

When there is something physically wrong with you, the best thing you can do is seek medical care so that you can get a proper diagnosis and take the necessary steps to remedy any medical condition. You have to put your trust in the hands of a medical professional and rely on them to take the proper steps to correctly diagnose your condition so casino en ligne français bonus sans depot you can get the care you need. When you have sought treatment only to have your doctor fail to take reasonable steps to diagnose or treat your condition, the attorneys at Shaffer & Gaier can help.

Contact Shaffer & Gaier

At our office, every prospective client receives a free initial consultation. Call us in Philadelphia at 215-751-0100 or in New Jersey at 856-429-0970, or contact us online. Evening and weekend meetings can be arranged upon request. We will meet with you in your home or at the hospital if necessary.

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