Every injured victim that walks into a lawyers office wants to know how much their case is worth. Some don't really care about the money; some want revenge. Some want the doctor's license revoked; some want the hospital punished. Then again, some want total and full compensation.

"YOUR CASE IS WORTH $2 MILLION DOLLARS," says Jim Bob, Lawyer extraordinaire. "Oh no, your case is worth more than that," says lawyer Dewey Cheatem. "Just sign right here with me and I promise you I'll get you millions!" screeched the TV advertising lawyer.

Whatever the motivation, a civil lawsuit for medical malpractice and personal injury seeks money for the injured victim. But how are you to know how much your injury is worth?

The answer is not so easy to answer, and here's why...

If you listen to each of those attorneys above, they all promise you something that they can't do. How do I know? Just ask each of them to put that guarantee IN WRITING. They'll never do it. That I guarantee!

In every State, and in every County there are multiple factors that go into the mix to determine what your case is worth. It is important to remember that no two cases or injuries are the same. Having said that, I'm going to explain the basics:

1. Economic loss: This one is easy. How much money did you lose because you were injured? Were you out of work for days, weeks or months? Did your employer pay your salary during that time? If not, you can calculate the amount of money you would have been paid had you not been injured.

What if you have a permanent disability that prevents you from working in the future? Well, now things get a little more complicated. Your lawyer will need to hire an economist to predict what your earnings would have been for years into the future. He will also have to predict what perqs and benefits you'd have received if you worked to retirement age.

This gives us hard numbers that we can use to show the extent of your permanent injury.

But what if you didn't lose time or money from work? What if you were a housewife (or househusband), or unemployed at the time of the injury? Does that mean that you're not entitled to collect any economic loss? Yes. But all is not lost. There is still pain and suffering, and possible claims for loss of services that I'll explain in a moment.

2. Pain & Suffering: How do we know that your fractured hip in Brooklyn, New York is worth the same as in Cincinatti, Ohio? Your lawyer is usually able to do research which will tell him (or her) what similar cases have settled for or resulted in jury verdicts and appeals.

Here are important points to know which will help you answer the original question, 'how much is your case worth?':

1. What is your race or nationality?

2. What town do you live in?

3. What is the race or nationality of the people you have sued?

4. What County have you brought your lawsuit in?

5. How old are you?

6. What is your life expectancy (based upon statistical tables)?

7. How long were you in the hospital?

8. Over what period of time have you received medical care for your injuries?

9. What problems do you still have from your malpractice?

10. How are you disabled or limited from doing those daily activities that you used to be able to do?

11. Do you have kids?

In the case of an 80 year old woman who fractures her leg, her case has less value than say, a 35 year old executive who lost 1 month from work, was in the hospital for 3 weeks and now limps from the injury.

Take a look at a recent settlement in New York City...

It involved a young man who had both legs amputated when the Staten Island Ferry crashed because of negligence of the crew. The City of New York decided that this injury was worth almost $9 Million dollars. This was one of the largest settlements ever for an injured victim in New York. Why is his injury worth more than a family who lost their father when doctors misdiagnosed his lung cancer?

The answers can be confusing. The answer can also depend on which lawyer you hire and how experienced he (or she) is in negotiating and trying cases.

So beware the lawyer who tells you what your case is worth as soon as you walk in the door. A thorough investigation of your case, your injuries, your disabilities and limitations all go into the mix to determining what your case is worth. Even then, there's no guarantee you can get that magical number. But try you must. Remember, keep an open mind and ask your lawyer lots of questions.

By: Gerry Oginski
Attorney Oginski has been in practice for over 17 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

Featured by Resources For Attorneys, a legal resources and lifestyle directory.

Don’t be insulted, if your future partner insists you sign a prenup, because it will protect you as well.

You are anticipating the big day, it’s not about money, it’s about love and out of nowhere, you are asked to sign a prenuptial agreement.

You don’t want to make an issue of it; you’re a person of reason and logic, and realize your future mate’s family is putting the squeeze on him. But the very idea of being asked to do this has left you confused and upset.

You want to be considerate but you feel the pressure coming from your future in-laws. They are in a position where they want to protect their assets and you don’t have much to protect.

Your fiancée and his family have more money. But when you met your fiancée money wasn’t a factor and not your reason to take the relationship to the next level. Money wouldn’t keep you there. Be reasonable.

You’re not marrying a control freak, so the prenup should not be a problem. You can’t control everything, but the prenup can be crafted to be advantageous to you.

Create A Solid Base for Your Relationship

To begin with it’s a chance (If you decide to have a prenup) for you and your future mate to put your financial cards on the table, which is very prudent. It’s good to know what will be expected in real terms, not just in your mind. Marriage is a joining of two people in a social and financial agreement.

For the most part unless you or your future mate are wealthy, economic concerns are rarely brought up because of the fear of offending the other. This is a terrible error in judgement and can cause unreversible problems in the future.

To create a great partnership you will need to sit down and draw up a plan that will be the foundation of understanding between you and your future spouse. The Prenuptial Agreement should be something you can both happily live with. It needs to be fair and be able to stand the test of time.

If you both get what you need (Not Necessarily What You Want) you have a successful prenup. Both parties have a responsibility to contribute to the final prenup. The one with the greater financial assets does not rule. If they do, it will cause resentment and result in a weak foundation to what you hope is a lifelong relationship.

The point is consideration, based on fairness and not greed. Each person has needs that must be addressed.

Boost up Your Financial Position

Even if you are not the one with the greatest assets the prenup can protect you as well and not leave you out in the cold.

It actually can be a way to put you in a better financial position. So discuss and negotiate what your position should be. When someone loves you and wants to marry you, could you ever be in a stronger position for generosity. It’s an opportunity to make a great deal. If you get a divorce and you don’t have a prenup your once great love will not be in a generous mood and want to give you as little as possible. Your position should be to try to get more then the law would allow without a prenup.

In a great majority of couples the wealthy partner will cover living expenses. The person with the least money or earnings usually gets to keep their assets in their own account to do with as they wish.

From the very beginning of the marriage there could be an outright transfer of money or assets. Usually increasing as the years go by. This is a form of protection if the wealthy spouse dies first. Certainly your new mate will want to protect you in the event of their death.

There are differences and variations in prenups as there are in people. Everyone has to customize their agreement to meet their specific needs. You must respect each other above all to work out the best possible prenuptial agreement.

Will A Prenup Override Your State Law

Won’t the state laws alone protect you, in the event of death, divorce or terminal illness? Surely the state will be fair? Why do I need it now? Experts in this area claim you and your partner will never be at a point when generosity and fairness will have a stronger position, considering that you are in love. If for some unfortunate reason you wind up in divorce court things will be very different.

If your partner dies the state cannot protect you. If your wealthy spouse’s family does not want to be generous or guarantee you security, there is no law that can protect you. They are not obligated to treat you as your spouse would if he/she was alive.

Educate yourself specifically to laws governing marriage where you live and find out if there is any protection. When you get married without a prenuptial agreement you are voluntarily agreeing to the laws of the state you live in. So ignorance or fear of dealing with this issue can be very costly.

Most states are equitable distribution states where the laws of the state will consider what each partner contributed financially to the marriage and if divorce occurs assets are divided according to your contribution. It may be approximately 50-50 split, but not necessarily. It would be a good idea to establish this from the beginning. If one of you are planning to stay home and take care of the kids make it clear that there will be a 50-50 split, if divorce happens.

For the most part assets or inheritances brought into the marriage are not considered joint assets. But the day you get married the clock starts ticking. So if you marry a wealthy person who doesn’t work, can’t work for any reason, there may not be much of a contribution to your personal account, if any. In the final scene you could be shut out with nothing. Could there ever be a stronger reason for a prenup!

Don’t let the state decide for you. Their interests are different then yours. When you have a prenup you and your future mate have decided what you want and they are very different from what state law may or may not give you. If divorce comes you may not be happy, but you will be protected with a prenup.

Most importantly Get Legal Advice

You must each have your own lawyer to represent your personal interests.

Any attorney will not do. Find a lawyer who specializes in this area. It will be more expensive, but worth every dime. Look for someone with a lot of experience and not someone right of law school. You wouldn’t want to be a new surgeons first operation.

It’s a trust building process and you don’t want it to be adversarial. Don’t go into this with "what I can I get if things fall apart". It’s an opportunity for bonding.

Remember you’re getting married, and you’re in love! And that’s Wonderful! Just cover you assets!

By: Jeffrey Broobin
Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life. Website: www.legalhelpmate.com Email: jeffreyb@legalhelpmate.com

Featured by Resources For Attorneys, a legal resources and lifestyle directory.

A few years ago, a national conflict resolution association conducted an informal, for-fun survey on the streets of Washington, DC. They asked passersby to identify the definition of mediation from a multiple-choice list. The good news is that the majority of people correctly chose, “a way to resolve conflict.” The bad news is that more than a few people incorrectly chose, “a relaxation method,” (meditation) “a way to communicate with the dead,” (via a medium, I suppose) “when the media exploits the private lives up public figures,” and worst of all, “the wall that separates each side of the highway" (median).

Obviously, the mediation profession has some educational work to do. One way this comes home to me regularly is through the mediation myths I hear repeatedly. The following are the most common myths I run across and I hope to set the record straight for me and my fellow mediators…uh, mediums…uh, medians…

Myth: Mediators determine who is right or whose case is strongest.

Reality: Mediators do not act in a judge-like capacity and do not decide who’s right or wrong. Mediators are “content neutral” and do not take sides. We help participants consider ways to resolve the dispute by facilitating negotiation and helping the conversation unfold differently than it may have in the past.

Myth: Going to mediation means I have to compromise, so I’ll have to give up something or settle for less than I want.

Reality: While compromise is one possible outcome of mediation, never assume it is the automatic result. A skilled mediator helps participants explore creative, win-win options that may have been invisible prior to the mediated conversation, leading to results that are often more satisfying than simplistic compromise.

Myth: The mediator needs expertise in the content area of my dispute.

Reality: A skilled mediator does not need expertise in the content of the dispute, whether it’s real estate, marriage, information technology, education or another arena. Our expertise is in dispute resolution. It is not part of the mediator’s job to make suggestions to solve the dispute; instead, we approach the conflict conversation in ways that help options surface and be explored more creatively. Too much mediator familiarity with the content area of your dispute can actually be detrimental, since the certainty this breeds can inadvertently get in the mediator’s—and your—way. Your intimate knowledge of your own dispute is far more than the mediator can ever have, so you are in a better position, given the right tools and opportunity, to imagine and craft your own resolution.

Myth: Mediation will make me “give away my case.”

Reality: While most mediations don't involve a legal case, those that do often have attorneys present for the session. In those instances, it's not uncommon for attorneys to voice this concern. What attorneys and their clients often discover in my mediations, though, is that the drive to make a strong legal case can inadvertently put up barriers to the parties resolving the matter themselves if they were permitted to share ideas and information with one another. Mediation is far more effective if participants are open and honest. In fact, “showing your hand” is important to some degree, as it helps you be better understood, be better heard, and creates an opportunity for better solutions. At the same time, disclosure is within participants’ control and no one is forced to share information they wish to keep private.

Myth: There is no point in mediating because I already know I’m right.

Reality: You can feel justified in your actions and beliefs and still have a problem, because the other person usually feels they’re right too. And, since mediation isn’t about determining who is right or wrong, you have the opportunity to save time, energy and money by focusing instead on how to solve the problem and move on with your life.

Myth: If we can’t talk to one another, it’s impossible to be in mediation together.

Reality: When we’re in conflict with someone, it is true that our ability to communicate effectively is reduced—sometimes substantially. Mediators are trained professionals who know how to help people talk in order to work out the differences, even when the gap is wide and difficult. So, it’s not unusual to have mediations where two or more of the participants haven’t spoken with each other in some time or have been speaking, but ineffectively. And while most mediation in this country takes place with everyone in the same room, if participants truly cannot share space safely and effectively, it is always possible to mediate between participants in separate rooms...or even in different countries, in this new age of online dispute resolution.

Copyright © 2004 and 2006 by Tammy Lenski. All rights reserved.

By Tammy Lenski, Ed.D
Visit http://www.lenski.com for more tips and resources on talking things out in the work and home relationships that matter most.

Get your free copy of Talking It Out in Ten, a worksheet and guide to help you think and prepare for your difficult conversation, by visiting lenski.com and clicking on Free Guide. You'll also receive Tammy's monthly newsletter and be entered automatically into a bi-monthly drawing for coaching and consulting time with Tammy.

Dr. Tammy Lenski is the author of I Can't Say That!, a popular blog read by women all over the world. A professional mediator, conflict management coach and educator, Tammy works personally with women who want to keep their balance in conflict and step up to the conversations that really matter.

Featured by Resources For Attorneys, a legal resources and lifestyle directory.

Ask The Undertaker

An attorney telephoned the governor just after midnight, insisting that he talk to him regarding a matter of utmost urgency. An aide eventually agreed to wake up the governor.

"So, what is it?" grumbled the governor.

"Judge Johnson has just died" said the attorney, "and I want to take his place."

The governor replied, "Well, its OK with me if its OK with the undertaker."

No Jail

A man who had been caught embezzling millions from his employer went to a lawyer seeking defense. He didn't want to go to jail. His lawyer told him, "Don't worry. You'll never have to go to jail with all that money". And the lawyer was right. When the man was convicted and sent to prison, he was flat broke.

Busy Lawyer

A young lawyer, starting up his private practice, was very anxious to impress potential clients. When the first visitor to his office came through the door, he immediately picked up his phone and spoke into it," I'm sorry, but my caseload is so heavy that I'm not going to be able to look into your problem for at least a month. I'll have to get back to you then." He then turned to the man who had just walked in, and said, "Now, what can I do for you?"

"Nothing," replied the man. "I'm here to hook up your phone."

Money For The Dead

A lawyer, a used car salesman and a banker were gathered by a coffin containing the body of an old friend. In his grief, one of the three said, "In my family, we have a custom of giving the dead some money, so they'll have something to spend over there."

They all agreed that this was appropriate. The banker dropped a hundred dollar bill into the casket, and the car salesman did the same. The lawyer took out the bills and wrote a check for $300.

Good Advice

The new lawyer was desperate for business, and was happy to be appointed by the court to defend an indigent defendant.

The judge ordered the lawyer to confer with the defendant in the hallway, and give him the best legal advice he could.

After a time, the lawyer re-entered the courtroom without the defendant.

When the judge asked where the defendant had gone, the lawyer replied, "You ordered me to give him the best advice I could. He told me that he was guilty, so I told him to disappear."

Courtesy of Resources For Attorneys, a legal resources and lifestyle directory.