Posts Tagged ‘ Damages ’

DIY Legal Help: Do you Really Need a Lawyer?

November 3rd, 2011. By

LawyersandSettlements.com receives a lot of inquiries asking whether or not it’s really necessary to obtain a lawyer if you’re trying to file a lawsuit. Pleading Ignorance is responding to all those questions and the answer is…yes, and no. But there’s a very simple and basic “litmus test” you can try to help you figure out what—or who—you need..

One way to help determine whether you’d benefit from having a lawyer is to consider how much is in it for you. Now, that might sound a bit opportunistic, and to some degree it is—but it’s also the reality of most personal injury lawsuits: someone’s been injured, someone caused the injury, and damages will be due. The question everyone wants the answer to is “how much?”

While you won’t be able to gauge exactly how much you might receive in damages—nor will anyone else until your case unfolds–you probably will have an estimate of what your out-of-pocket expenses have been for things like medical care, physical therapy, car repairs, lost wages…things like that. Once you add those up so you have a rough estimate (keeping in mind it will most likely not include everything you might be able seek damages for in an actual lawsuit), your next step is to visit your state’s Small Claims Court information center to find out what the maximum damages your state allows are—that’s the maximum you’d be allowed to recover in Small Claims Court.

If your expenses, as a result of the harm or injury done to you or your property, exceed your state’s maximum allowed damages in Small Claims Court, chances are you’ll need to consider a formal civil lawsuit, which in most instances will require a lawyer. Formal civil lawsuits need to follow civil procedure (i.e., “Rules of Civil Procedure”), and that process tends to be a bit (ok, a lot) more complicated for most folks. So if you’re seeking to recover damages that exceed what you’d potentially recover from Small Claims Court, an attorney can help you navigate the process and the filing of all the necessary forms and paperwork.

The following is a list of links for each state’s Small Claims Court information:

If after reviewing the expenses associated with your injury you conclude that the damages you’re seeking would be more than what your state Small Claims Court allows, you can submit a complaint for an attorney to review here.

For additional state legal news and information, visit our State Law Pages.

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Legalese & Legal-speak: 10 for 2010

December 23rd, 2009. By

With 2009 about to come to a close, it’s a good time to take a little breather and take a look at some of the words or phrases you often hear in relation to a lawsuit—but might not know what they mean. They tend to get glossed over as if everyone out there took Latin for 6 years and loves to speak in legalese. So as we get ready to kick off 2010, here’s 10 for ’10…ten common legal terms you oughta know for 2010 and beyond…in plain English…

Damages Pleading Ignorance on Legalese

Most of us are used to thinking of “damage” as what happens after a tornado (or a couple of five year olds on M&M’s) hits town. But the weird thing about “damages” from a legal perspective is that it’s the AWARD that comes after the mess—and the lawsuit. Damages simply refers to money awarded as compensation for a legal wrong. Damages are either compensatory or punitive. Say what? It’s like Pandora’s box…keep reading…

Compensatory Damages 

Compensatory damages are awarded to compensate (so that’s where it comes from) the wronged party for money lost, expenses or pain and suffering due to a legal wrong committed by another party. Compensatory damages can include medical expenses, lost wages, loss of future earnings, property damage and pain and suffering. Compensatory = Compensation (well, Read the rest of this entry »

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