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Demystifying Legal Jargon: Understanding Key Personal Injury Terms

5/19/2023

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Navigating the world of personal injury law can be overwhelming, especially when you encounter unfamiliar legal terms and concepts.  To empower you with knowledge and enhance your ability to communicate effectively with your attorney, we have compiled a comprehensive breakdown of common terms used in personal injury cases.  By understanding these terms, you'll be better equipped to comprehend the intricacies of your case and actively participate in the legal process.

Negligence:
Negligence is a fundamental concept in personal injury law.  It refers to the failure to exercise reasonable care, resulting in harm or injury to another person. To establish negligence, four key elements must be proven: duty of care, breach of duty, causation, and damages.

Liability:
Liability refers to legal responsibility for one's actions or omissions.  In personal injury cases, it involves determining who is at fault or responsible for the accident or injury.  Liability can fall on individuals, businesses, government entities, or a combination thereof.

Damages:
Damages are the losses or harm suffered by the injured party.  They can be both economic and non-economic.  Economic damages include medical expenses, lost wages, property damage, and future financial losses.  Non-economic damages encompass pain and suffering, emotional distress, loss of consortium, and diminished quality of life.

Statute of Limitations:
The statute of limitations is a time limit set by law, specifying the period within which a personal injury claim must be filed.  It varies depending on the jurisdiction and the type of case.  Failing to file within the statute of limitations can result in the loss of your right to seek compensation.

Comparative Negligence:
In some cases, more than one party may be at fault for an accident.  Comparative negligence is a legal principle that determines each party's degree of fault and allocates damages accordingly. It allows for a percentage-based assessment of fault and ensures that compensation is proportionate to the individual's responsibility.

Preponderance of Evidence:
The burden of proof in personal injury cases is typically based on the "preponderance of evidence" standard.  This means that the evidence presented must demonstrate that it is more likely than not that the defendant's negligence caused the plaintiff's injuries. It is a lower burden of proof compared to the "beyond a reasonable doubt" standard used in criminal cases.

Settlement:
A settlement is a resolution reached between parties involved in a personal injury case without going to trial.  It often involves a negotiated agreement in which the injured party accepts a specific amount of compensation in exchange for releasing the responsible party from further liability.  Settlements can save time, costs, and the uncertainty of a trial.

Litigation:
Litigation refers to the legal process of resolving a personal injury dispute through the court system.  It involves filing a lawsuit, discovery (the exchange of information and evidence), negotiation, and, if necessary, trial.  An experienced personal injury attorney can guide you through each stage of litigation, advocating for your rights and interests.

Discovery:
Discovery in a personal injury case refers to the process where both sides (the injured party and the opposing party, such as the defendant or their insurance company) exchange information and evidence related to the case.  It's like a fact-finding mission where each side tries to gather as much relevant information as possible to build their arguments.  During discovery, you may be asked to provide documents, such as medical records, accident reports, or photographs, that are related to your injuries and the accident.  The opposing party will also have to share information and documents they have that are relevant to the case.  Additionally, both sides may have the opportunity to ask each other questions in a formal setting, called depositions. This is where you or the opposing party's representatives will be asked questions under oath, and a transcript or recording of the conversation will be created.

Mediation:
Mediation is a process used to resolve a personal injury dispute between you (the injured party) and the opposing party (such as the defendant or their insurance company) with the help of a neutral third party called a mediator.  During mediation, both sides have the opportunity to present their arguments, concerns, and desired outcomes in a controlled and structured environment.  The mediator's role is to facilitate communication and guide the discussion, but they do not make any decisions or impose solutions.  Mediation is typically less formal and adversarial than going to court. It provides a more collaborative and cooperative atmosphere, allowing both sides to express their perspectives and work towards finding common ground. It can be a more cost-effective and time-efficient alternative to a trial.  It's important to note that mediation is a voluntary process, and both parties must agree to participate. Your attorney will guide you through the mediation process, prepare you for the discussions, and advocate for your interests during the negotiations.

Arbitration:
Arbitration is a process used to resolve a personal injury dispute outside of court involving presenting your case to a neutral third party or panel, called an arbitrator, who will make a final decision that is binding on both parties.  Arbitrators are typically an experienced attorney or a professional with expertise in the relevant area of law. The arbitrator listens to both sides, reviews the evidence, and makes a decision based on the facts presented.  Arbitration proceedings are generally less formal than a courtroom trial. They can take place in an office or conference room, rather than a courtroom. The atmosphere is more relaxed, and the rules of procedure are often simplified.  Arbitration can be a quicker process than going to court. The parties have more control over the scheduling of the proceedings, which can help expedite the resolution of the dispute.  One key aspect of arbitration is that the decision of the arbitrator is binding on both parties. This means that once the arbitrator makes a decision, it is final, and both sides are legally obligated to abide by it.

Contingency Fee:
A contingency fee is a payment arrangement between you (the client) and your attorney, where the attorney's fee is contingent upon the outcome of your case.  With a contingency fee, you don't have to pay your attorney any money upfront.  Instead, they agree to take on your case and cover the costs associated with it, such as court fees, expert witness fees, and investigation expenses.  The attorney's fee is contingent on the successful outcome of your case.  If you win your case and receive compensation, your attorney will receive a percentage, or a predetermined portion, of that compensation as their fee. If you don't win your case and receive no compensation, you won't owe any attorney's fees.  Because the attorney's payment is tied to the outcome of your case, they have a strong incentive to work diligently and effectively on your behalf. They will strive to maximize your compensation and achieve a favorable resolution.  Your attorney will discuss and outline the specific terms of the contingency fee arrangement with you before taking on your case. They will explain the percentage or fee structure that will apply if you win, ensuring transparency and clarity about the financial aspect of the attorney-client relationship.  Contingency fees enable individuals who may not have the financial means to hire an attorney upfront to access legal representation. It aligns the attorney's interests with yours, as they only receive payment if they successfully recover compensation on your behalf.  Remember, the contingency fee arrangement allows you to pursue your personal injury case without upfront financial burdens, providing you with the opportunity to seek justice and fair compensation for your injuries.

​Understanding key legal terms and concepts related to personal injury law empowers you to actively participate in your case and communicate effectively with your attorney.  By grasping these fundamental concepts, you can navigate the legal landscape with confidence, knowing your rights and the terminology involved.  Remember, your attorney is there to guide you and provide personalized advice based on the specific details of your case.

If you have any questions or need further clarification, don't hesitate to reach out to our dedicated team.  We're here to support you every step of the way.  Empower yourself with knowledge and take charge of your personal injury case today.

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Why Lawsuits Matter: Access to Justice and Accountability for Harm

5/10/2023

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Lawsuits are often portrayed in the media as frivolous or unnecessary, but the reality is that lawsuits play a vital role in our society.  They serve as a mechanism for individuals and businesses to hold each other accountable and ensure justice is served when harm is caused.  In this post, we will discuss the importance of lawsuits and why they matter.

1. Holding Wrongdoers Accountable
One of the most important reasons why lawsuits are important is because they hold wrongdoers accountable.  When someone is injured or harmed due to the negligence or intentional actions of another person or business, it is only fair that the responsible party is held accountable for their actions.  Lawsuits provide a legal avenue for individuals and businesses to seek justice and obtain compensation for their losses.

2. Promoting Safety & Preventing Harm
Lawsuits also serve an important role in promoting safety and preventing harm.  When businesses and individuals know that they may be held liable for their actions, they are more likely to take steps to prevent harm from occurring in the first place.  For example, a company that knows it may be sued if its products cause harm to consumers is more likely to invest in product safety and quality control measures.

3. Providing Access to Justice
Lawsuits can provide access to justice for those who may otherwise be unable to obtain relief through other means.  For example, if a consumer is harmed by a defective product and is unable to obtain compensation through negotiations with the manufacturer or its insurance company, a lawsuit may be the only way to seek justice and obtain the compensation they deserve.

4. Establishing Legal Precedent
Lawsuits also play an important role in establishing legal precedent.  When a court makes a ruling in a lawsuit, it establishes legal principles that can be used to guide future cases.  This helps to ensure that similar cases are decided consistently and fairly and can help prevent future harm.

Lawsuits play a crucial role in our society by holding wrongdoers accountable, promoting safety, providing access to justice, and establishing legal precedent.  If you have been injured or harmed due to the negligence or intentional actions of another person or business, it is important to consult with an experienced personal injury attorney who can help you understand your legal rights and options for seeking justice and compensation.  Call our team today!  All consultations are FREE, and we don't get paid unless you do!
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What to do after a car crash: a comprehensive guide

5/10/2023

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Car accidents can be a traumatic experience for anyone involved.  Unfortunately, they are all too common on our roads and highways and can happen to anyone at any time.  If you have been involved in a car accident, it is important that you take certain steps to protect your health, legal rights, and potential compensation for damages.  In this post, we will outline the key steps you should take after a car crash.

1. Seek Medical Attention
Your health and safety should be your top priority after a car accident. Even if you feel fine, it is still important to seek medical attention.  Some injuries, such as whiplash or concussions, may not manifest immediately.  Additionally, a doctor's report can serve as important evidence in your personal injury case.

2. Call the Police
It is important to call the police after a car accident, regardless of the severity of the accident.  A police report can provide important details about the accident, including the location, date and time, and the names and contact information of any witnesses.  This report can be invaluable when making a claim with your insurance company or filing a personal injury lawsuit.

3. Gather Evidence
If you are able, gather as much evidence as possible at the scene of the accident.  Take photos of the damage to your car, the other person's car, and any other property that was damaged.  Also, take photos of any injuries you sustained in the accident.  Additionally, collect the contact information of any witnesses to the accident.

4. Report the Accident to Your Insurance Company
It is important to report the accident to your insurance company as soon as possible.  Your insurance company can provide guidance on how to proceed with your claim and may also provide coverage for your medical bills and property damage.

5. Contact a Personal Injury Attorney
If you have been injured in a car accident, it is important to contact a personal injury attorney as soon as possible.  An attorney can help you navigate the legal process, protect your rights, and help you seek compensation for your injuries and damages.

In conclusion, car accidents can be overwhelming and traumatic experiences.  However, by following these steps, you can protect your health, legal rights, and potential compensation for damages.  If you have been injured in a car accident, don't hesitate to call our team!  All consultations are FREE, and we don't get paid unless you do!
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What to Do After a Slip and Fall: A Comprehensive Guide

5/3/2023

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Slip and fall accidents are more common than you might think, and they can happen to anyone at any time. Whether you slip on a wet floor, trip on an uneven surface, or fall down a flight of stairs, a slip and fall accident can result in serious injuries and significant medical expenses.

If you've been involved in a slip and fall accident, it's important to know what to do next. Here's a comprehensive guide to help you navigate the aftermath of a slip and fall accident:

1. Seek Medical Attention: If you've been injured in a slip and fall accident, your first priority should be to seek medical attention. Even if you don't think your injuries are serious, it's important to get a medical evaluation to ensure that you haven't suffered any internal injuries or fractures.

2. Report the Accident: If you slipped and fell on someone else's property, it's important to report the accident to the property owner or manager as soon as possible. Make sure to get the name and contact information of the person you reported the accident to, as well as any witnesses who saw what happened.

3. Document the Scene: Take photos of the scene of the accident, including any hazards or conditions that may have contributed to your fall. If possible, take photos of your injuries as well.

4. Keep Track of Your Expenses: Keep a record of all the expenses you incur as a result of your slip and fall accident, including medical bills, lost wages, and any other expenses related to your recovery.

5. Contact a Personal Injury Lawyer: If you've been injured in a slip and fall accident, you may be entitled to compensation for your injuries and expenses. Contacting a personal injury lawyer can help you understand your legal rights and options, and can help you navigate the complex process of filing a personal injury claim.

At Wendler & Zinzilieta, P.C., we understand how overwhelming it can be to deal with the aftermath of a slip and fall accident. Our experienced personal injury lawyers are here to help you every step of the way, from documenting your injuries and expenses to negotiating with insurance companies and advocating for your rights in court. Contact us today for a free consultation to learn more about how we can help you get the compensation you deserve.
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New Address as of November 1, 2022:​​​
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Office Phone No.:  618.692.0011
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  • Home
  • About Us
  • Client Reviews
  • Our Team
    • Brian Wendler
    • Angie Zinzilieta
    • Julie Wendler
    • Loretta Koch
    • Hailea Tepen
    • Kiera Doughty
    • Anna Zinzilieta
    • Willow Zinzilieta
    • Hugo Wendler
    • Cooper Wendler
  • Verdicts & Settlements
  • Practice Areas
    • Personal Injury
    • Crashes >
      • Car Crashes
      • Truck Crashes
      • Aviation Crashes
    • Products Liability
    • Wrongful Death
    • Slips and Falls
    • Workers' Compensation
    • Wrongful Termination
    • Medical Malpractice
    • Adult Guardianships
    • Stray Voltage
  • Community
  • Blog
  • Intake Form