If the driver who hit you was looking at their phone instead of the road, you are in a stronger legal position than you would be in a garden-variety accident where distraction is suspected but not documented. Phone use behind the wheel is not simply a form of carelessness that a jury will treat the […]
What If the Other Driver Ran a Red Light?
If the other driver ran a red light and hit you, you are in what looks, from the outside, like one of the cleaner liability situations in personal injury law. Someone violated a traffic control device. You had the right of way. The collision followed directly from the violation. In a world where personal injury […]
What If Family Members Disagree About How to Divide a Wrongful Death Settlement
Wrongful death cases produce a specific kind of family conflict that is unlike almost any other dispute families face, because it forces people who are grieving the same loss to negotiate against each other over money that represents that loss. The conflict is not a sign that something has gone wrong with your family. It […]
How Are Settlements Handled When the Injured Person Is a Child?
When a child is injured through someone else’s negligence, the legal process that follows looks meaningfully different from an adult personal injury case, and most parents who find themselves in that situation discover the differences at moments when they least expect them. The rules governing how a child’s claim is brought, who has authority to […]
Can Lien Claims Be Negotiated Down to Speed Up My Payment
Yes, and lien negotiation is one of the most consistently underused tools in personal injury practice, which means the gap between what clients receive and what they could receive is often larger than it needed to be. Liens on your settlement proceeds are not fixed obligations the way a mortgage balance or a car loan […]
What If My Case Settles but There Is a Medicare Lien Holding Up My Check?
Your case has settled. The number was agreed upon, the release was signed, the check arrived and cleared. And now your attorney is telling you the disbursement cannot happen yet because of a Medicare lien. If that explanation feels unsatisfying, it is because most people have never been told how the Medicare lien resolution process […]
What If I Took a Pre-Settlement Loan and My Case Settled for Less Than I Expected
This is one of the most financially painful situations that can arise at the conclusion of a personal injury case, and it happens more often than anyone in the pre-settlement funding industry has any interest in publicizing. You borrowed money when you needed it, you were told the advance would be repaid from your settlement, […]
What Are the Downsides of a Pre-Settlement Cash Advance?
If you are injured, out of work, watching medical bills accumulate, and your case will not resolve for another year, the advertisement for a pre-settlement cash advance can look like the only available solution. Companies that offer these advances understand exactly what financial pressure looks like and exactly when injured people are most susceptible to […]
Can I Get a Partial Payment While My Attorney Is Still Negotiating Liens
Sometimes, and the answer depends on factors that your attorney controls and on professional responsibility rules that govern what attorneys can and cannot do with funds held in trust on a client’s behalf. This is a question most people ask because the post-settlement waiting period is longer and more financially stressful than they anticipated, and […]
Why Does My Settlement Money Go to My Lawyer’s Trust Account First?
If you have been told that your settlement check will go to your attorney’s office before it comes to you, and you find yourself wondering why a system designed to compensate you requires your money to pass through someone else’s hands first, the question is a reasonable one and the answer is worth understanding fully. […]
