Personal Injury and Accident Attorney

In an injury case, this is frequently determined by the length of time the victim needs to heal. A victim would not want to settle a claim until he has received the necessary medical care for his injuries. The physician will release the accident victim when he reaches MMI. Once the physician has released the victim or his future accident-related medical expenses can be determined then a settlement amount can be negotiated.

A physician will conclude treatments with a victim when he has reached maximum medical improvement or MMI. This is the medically determined point where a victim's health has stabilized and he is as healthy as he can be. This may not be the same health level as the victim enjoyed before the accident. If this is the victim's reality then the physician may assign the accident victim a permanent impairment rating as determined by American Medical Association (AMA) guidelines. Auto insurance companies may seek the permanent impairment rating as part of the settlement or trial proceedings.

Intentional misconduct refers to conscious or willful disregard of the rights and safety of another. It means conduct by a person with knowledge at the time of the conduct that the conduct is harmful to the health or well-being of another person. It includes battery (an intentional act causing harmful or offensive contact with another), false imprisonment (wrongful detention), and intentional infliction of emotional distress (outrageous behavior resulting in severe emotional distress).

Law firms frequently handle personal injury cases on a contingency fee basis which means the firm's fee and court costs are deducted from the settlement amount. If there is no recovery then the firm receives no fee. A client typically must pay court costs regardless of the case's outcome. These include filing fees, medical records costs, and copy costs for obtaining police records or deposition transcripts. Shane Smith Law handles personal injury cases on a contingency fee basis and provides a free initial legal consultation.

Most personal injury claims are settled before they go to trial. Often, settlements are made between the insurance company for the party that is at fault and the victim. Settlements avoid trial expenses and delays and may lead to a higher net recovery when deducting trial preparation costs. However, if an acceptable settlement offer is not made then it may be necessary for the case to be tried in court.