Accompanying changes to road designs have been wide-scale adoptions of rules of the road alongside law enforcement policies that included drink-driving laws, setting of speed limits, and speed enforcement systems such as speed cameras. Some countries' driving tests have been expanded to test a new driver's behavior during emergencies, and their hazard perception.
Although there may be good reasons to use another form of business organization, there are also advantages to “going it alone" with a sole proprietorship. Mainly for the purpose of protecting personal assets from business obligations or potential lawsuits, many experts advise the formation of an LLC or a corporation. However, for various reasons, many business owners opt to run their business as a sole proprietorship. Sole proprietorship advantages include:
Your attorney will research your case at this stage to fully understand how you were injured and the extent of your injuries, damages, and costs. He or she will then contact and deal with the insurance company directly and possibly with the attorney representing the party who injured you. Your attorney will keep you aware of any negotiations and significant developments throughout the lawsuit process. Your focus should be on getting the medical attention you need and returning to your normal routine.
Your case may settle outside of court or may be resolved in a court of law by a judge or jury. You could also potentially take action not just against those who own the property, but also against tenants or renters who were in control of the space and who allowed unsafe conditions that led to a slip and fall. Our team can help you examine all your options and work to help you receive the full compensation to which you are entitled.
At Gruber Law Offices LLC, our lawyers have been awarded membership in the Million Dollar Advocates Forum, named among Wisconsin Super Lawyers®, and listed among the National Trial Lawyers Top 40 Under 40 and Top 100 Trial Lawyers in the U.S. We are committed to protecting the rights of our injured clients and pursuing the compensation they need and deserve.
The term "reasonable" often comes up in settlement negotiations and at other key stages of slip and fall cases. That's because, in order to be held "negligent" and therefore liable for damages in a slip and fall case, a property owner (or the owner's agent or employee) must have failed to act as a reasonably prudent person would have acted under circumstances similar to those leading up to the accident. In trying to assess whether the defendant acted reasonably, here are some factors that plaintiffs should consider:
In slip and fall cases, the property owner (or his or her insurance carrier) may argue that the plaintiff is partially (or totally) responsible for the accident that led to the injuries. This kind of argument is made under a legal concept known as "comparative fault," and states have codified the concept in "comparative negligence" and "contributory negligence" laws. The rules in place in a given state will affect a plaintiff's ability to recover compensation if they're found to share some blame for the accident.
A 1985 US study showed that about 34% of serious crashes had contributing factors related to the roadway or its environment. Most of these crashes also involved a human factor. The road or environmental factor was either noted as making a significant contribution to the circumstances of the crash, or did not allow room to recover. In these circumstances, it is frequently the driver who is blamed rather than the road; those reporting the collisions have a tendency to overlook the human factors involved, such as the subtleties of design and maintenance that a driver could fail to observe or inadequately compensate for.
Negligence involves the disregard for the safety of others by failure to act a reasonable person would. It could be that a dangerous situation was created by a pot hole, leaking ceiling or uneven surface. The key attribute in this assessment is whether or not a reasonable individual would have been able to identify the condition as dangerous or potentially hazardous and if the liable party had ample opportunities to improve the conditions prior to the occurrence of the injury. The alternative task to prove is whether the liable property owner specifically caused the dangerous situation themselves and that it was reasonably understandable that a person would suffer an injury due to the situation.
An auto accident attorney in San Antonio understands the complexities that come with providing accurate legal representation during this time. Our team is thorough and we take the time to investigate every aspect of your particular case. We know that when you call an auto accident attorney, you’re going through physical and emotional injuries, and we want to take some of that stress off so that you can focus on getting better. We’ll handle the legal aspects of your case, so you have the best opportunity for a full recovery physically and financially.
Your insurance agent or the person who you speak to at your insurance company claims phone number, will be able to walk you through how to file your claim after an accident. If your insurance company has an app, you may also have the option to start the claims process there or visit your insurance company website to see if you can fill in the information or follow up on your claim online.
In the pre-trial process, both sides will ask each other for evidence and witness information in a phase called “discovery.” At the early stages, both sides will also appear in court to inform the judge of how the case is proceeding, to agree or not agree to mediation or arbitration, and to set a trial date. As the discovery process proceeds, both sides will begin to schedule depositions of the opposing party and witnesses, i.e. examinations and cross-examinations under oath outside the courtroom.
A personal injury settlement occurs when your attorney and opposing counsel come to agreement on the damages you’ll get to cover medical bills, lost wages, and other expenses. Your actual settlement amount will vary depending on a host of circumstances, including your level of injury, the type of accident, your employment situation, and what sort of bills you’ve incurred as a result of someone else’s negligence. Your attorney will fight for you at no upfront cost with no hourly fees, but will take a reasonable fee from your final recovery.
In the United States, individuals involved in motor vehicle collisions may be held financially liable for the consequences of a collision, including property damage, and injuries to passengers and drivers. Where another driver's vehicle is damaged as the result of an accident, some states allow the owner of the vehicle to recover both the cost of repair for the diminished value of the vehicle from the at-fault driver. Because the financial liability that results from causing an accident is so high, most U.S. states require drivers to carry liability insurance to cover these potential costs. In the event of serious injuries or fatalities, it is possible for injured persons to seek compensation in excess of the at-fault driver's insurance coverage.
Collect as much information as possible after an accident. This can help prove your claim and identify the party responsible for the accident. Immediately following a car accident, you should exchange information with the other parties involved. You should also take pictures of all vehicles involved, property damage and the accident scene to use as references for a claim. If you were unable to collect photographic evidence or any information about the other drivers involved, police accident reports, hospital records and other evidence from the scene will be vital to building your claim.
If you believe you’re entitled to compensation from the other party for your injuries, your attorney will usually send a demand letter, either to the other person (or their attorney) or to the other person’s insurance company. The letter will give the relevant facts about the accident such as the time and place and cause of the injury, describe your injury, and ask for a specified amount in settlement of the case. A demand letter usually gives the other parties a specified time to respond.
Fraudulent automobile accidents occur more frequently in urban areas where there is a greater volume of vehicles, and also in wealthier communities because drivers there are perceived to have better insurance companies. Criminals often target new, rental, or commercial vehicles because they tend to be well-insured. Further, criminals prey upon women driving alone and senior citizens, as they are thought to be less confrontational at accident schemes.
Litigation represents the bread and butter of many law firms, so the employment outlook for personal injury attorneys is good. However, tort reform—proposed changes in common law civil justice systems that would reduce tort litigation and cap damage awards—could potentially reduce the number of claims filed and the damages recovered by plaintiff attorneys in the future.
^ Varghese, Cherian; Shankar, Umesh (May 2007). "Passenger Vehicle Occupant Fatalities by Day and Night – A Contrast". Washington, DC: National Highway Traffic Safety Administration. National Center for Statistics and Analysis. The passenger vehicle occupant fatality rate at nighttime is about three times higher than the daytime rate. ...The data shows a higher percentage of passenger vehicle occupants killed in speeding-related crashes at nighttime.
In order to practice law as a personal injury lawyer, a bachelor’s degree and a Juris Doctor Law degree is obligatory. In addition to passing the state’s bar exam, most states require the Multistate Bar Examination (MBE), the Multistate Essay Examination (MEE), and the Multistate Professional Responsibility Examination (MPRE). Some states require the Multistate Performance Test (MPT) as well.