Social media is a necessary discussion between lawyer/client at the beginning of every personal injury case. There are 1.59 billion mobile active users on Facebook, 400 million on Instagram, 320 million on Twitter, 300 million on Google+, 100 million on LinkedIn, and 100 million on Pinterest. For some, these social media outposts are more important than family or friends. You can see this play out at restaurants where spouses would rather look at their phones than talk to each other.
It is an epidemic in our culture today that is creating problems in marriages and other relationships as a result of people posting and connecting with past flames. But what about your personal injury case? Will your social media usage affect your personal injury case?
There are several types of personal injury cases. Some victims have amputated limbs, broken bones, bulging disks, pinched nerves, and, then, many have soft tissue injuries. What is a soft tissue injury case? Well, according to the American Academy of Orthopaedic Surgeons, a soft tissue injury is an injury to muscles, ligaments and tendons.
Most commonly after car wrecks, personal injury victims complain of pain in their neck or back. These symptoms are typically soft tissue injuries that are caused by a strain or a sprain of a muscle, ligament, or tendon in your neck or back that is commonly called whiplash.
I am asked repeatedly, “Brandon, what is my personal injury case worth?” This is a seemingly innocent question that is impossible to answer until your case is ripe. What do I mean by that? Several things have to happen before your lawyer can value your case. For example, you have to finish treatment, your lawyer has to gather all of your medical records, and your lawyer has to sort, organize and review those records. Then your case is ripe.
At that point, your lawyer can attempt to value your case. There are several parts of your case that are easy to value and then there are other noneconomic damages that are very difficult to value.
I’ve often been asked, what can a personal injury lawyer do for me, or when should I hire a personal injury lawyer. Well, I’ve attempted before to answer some of those questions. The truth is there are hundreds of minor tasks that your personal injury lawyer should be doing for you in the background that you may never see. It is your lawyers job to know what minor tasks need to be done to put you in a good position later.
Realistically, if you’ve made a good decision hiring your lawyer, you will never know if these are done. However, if you chose poorly and hired a lawyer who perhaps doesn’t do but a few small personal injury cases a year, then you might find out if one of those minor tasks was never done and it might affect the outcome of your case.
There are several times during the course of a personal injury case where I can tell from my client’s facial expressions that the process has started to take a toll. This is surprising to most personal injury victims because of the typical misconceptions and stereotypes that are floating around about these types of cases. But truthfully, there are several moments when my clients think that this just isn’t fair and, perhaps, it’s not even worth the effort.
Before you get to that point, I think it is wise to learn up front what the most difficult parts of your personal injury case are so that you can prepare yourself mentally and emotionally for what is coming.
There is one common theme when I talk to people who have been injured in a car wreck: they don’t know what to do next. The ask the common question what should I do if I’m in a car accident? Most people have never been in this situation before and, if a prior car wreck has happened, most have not suffered any serious injuries as a result. So this is unchartered territory for them.
I make it my job to explain what they should be doing now and what they need to be thinking about when it comes to a jury trial two or three years later. Having never walked this path, personal injury victims have no clue what they should be doing now to prepare for a jury trial. I’ve walked the path before with many clients and if you were injured in a car wreck, you need to educate yourself now so you don’t prejudice your case later.Let me help you.
Very few personal injury cases get tried these days, but yesterday, I tried a personal injury case to a jury and received a fair verdict for my client. After a rear-end collision causing back pain and neck pain that never fully resolved, my client incurred $22,792.22 in medical expenses. But that isn’t the point of this story. The point of the story is that the insurance company only offered $9,985.00 as their last and final offer before trial.
Now, because I’m human, my first thought was that I had done something wrong in the case that made them think that a jury wouldn’t see it my client’s way. But after working my tail off to get this case ready for trial, I came to realize that insurance companies don’t make rational choices. This mantra manifested itself in several ways in this case:
The National Trial Lawyers – Top 100 Trial Lawyers
I was recently named to the Top 100 Civil Plaintiff Lawyers in Virginia by The National Trial Lawyers. You can view my profile on this website here. I am very proud of this honorable distinction and given the company on this list, I am also very humbled by it.
There are a variety of factors to consider whether you have a Virginia personal injury case worth pursuing. At first, you may not know if you have a case or not. So it is imperative for you to schedule an appointment with a qualified personal injury lawyer to make that determination.
When I review a personal injury case to determine if there is a viable claim worth pursuing, I look at the following factors:
Today is tax day. Blah. You’ve probably never really worried about it because your employer withholds either just enough or more than enough from you paycheck to cover your taxes and you expect a refund. This year, however, you settled that personal injury or workers comp case for five, six, or seven figures! Congratulations you successfully litigated and resolved your claim!
But today is tax day. And fear sets in because you start thinking, “how much will I have to pay to Uncle Sam?” The question “what do I do with that income?” swirls about your mind. Surely it is an “accession to wealth” which is taxable income under our current tax code. But it shouldn’t be taxable because I only got it for getting hurt.