In states that follow contributory fault rules, the plaintiff will be barred from collecting any damages at all if they're found to bear any degree of responsibility for the accident. In comparative negligence states, an injured claimant's damages award will be reduced by a percentage that's equal to  his or her share of  liability -- so, a claimant who bears 25% of the blame in a slip and fall case would only collect $7,500 of a $10,000 damages award, for example. You can find your state’s rules on the issue in this chart.
The cases involving a property owner or occupant that "should have known" of a slippery surface can be the most challenging to prove. For example, in a slip and fall that occurs on a wet floor in a grocery store, a crucial issue will be how long the floor was wet. The longer the floor was wet, the more likely it is that the storeowner knew or should have known that the hazardous surface existed and failed to warn customers or otherwise guard against slip and falls. Unfortunately, in many cases, it is hard to determine how long the surface was wet. If you are injured in a slip and fall, it is a good idea to get the name and contact information of any witnesses, especially if they were present in the location over a long period and can give some idea of how long the hazardous surface existed.
Injuries that result from auto accidents — both known and unknown injuries — tend to worsen over time, so it’s critical that you seek qualified medical help as soon as possible. You should also know that delays in diagnosis and treatment can also result in losing the ability to have your medical care covered by the at-fault party’s auto insurance company. That can be an expensive mistake if you have any injuries.

Burn/Fire Injuries Fire and burn injuries are some of the most dangerous and life-altering injuries a person can suffer. Imagine if your life or a loved one’s were irreparably changed for the worse, because of a chemical fire caused by unsafe working conditions or an apartment fire that occurred because of a landlord cutting corners with fire safety?
If you answered “yes” to each of the questions discussed above, you may have a valid personal injury lawsuit or claim. Because filing a personal injury lawsuit can have serious legal and financial consequences, and requires a thorough knowledge of the laws and legal system, it is best to consult with an experienced personal injury lawyer before considering doing so.

The only way to sue after a settlement negotiation is to back out before accepting the opposition’s offer and instead move to a trial. The risk is greater, but so is the potential reward. The trial value of a personal injury claim is almost always higher than the settlement value, and the plaintiff could secure much more compensation; however, trials take longer and will generate more legal fees for the plaintiff.

Similarly, if you are walking in a place where you should not have been walking, even if you were not a trespasser, you may be considered comparatively negligent, and you may not be able to recover. For example, if you are running in a landscaped area in front of your dentist's office instead of a concrete path to kill time before your appointment and trip on a landscaping paver or a root, you may not be able to recover damages for your broken knee.
With over 40,000 Americans dying in car crashes each year, it is no surprise that automobile accidents are a prolific source of personal injury cases. To be fair, there are many common causes of car accidents: rubbernecking, cell phone use, driver fatigue, distracting passengers, and changing the radio station all rate near the top. If you have been injured in an accident or injured someone else in a collision, you should realize the importance of proving fault in auto accidents. Choosing the right lawyer for your auto accident case can help tremendously, especially if "fault" in your situation is unclear or in debate.
If you’ve been the victim of a car accident, you’ve got enough to worry about without worrying about your medical treatment, too. That’s why Accident Care and Treatment Center, Inc. provides you with access to the best auto accident injury doctors in Oklahoma City, OK. Since we opened our doors in 1995, we’ve focused exclusively on evaluating, diagnosing, and treating auto accident injuries, so you can rest assured that you’re getting the best care possible.
It may sound silly to say, but the best way to prevent a painful and costly slip and fall accident while you’re out running errands is to watch where you’re going. There are so many things that can distract you: screaming kids, texting your spouse, drinking your Frappuccino, or answering one last email from your boss; do these things while you are stationary and eliminate a large chunk of the risk of slipping and falling.
* I agree that by submitting this form, I am not forming an attorney client relationship. I acknowledge that I may only retain a lawyer by entering into a specific fee arrangement. I understand that I am not entering into a fee arrangement by submitting this form. I further agree that the information I will receive in response to this form is general information and I will not be charged for the response. I further understand that the law for each state may vary. Since this matter may require advice regarding states other than Virginia, I agree that local counsel may be contacted for referral of this matter.
As the discovery period ends, the lawyers will generally start talking about settlement. Sometimes the lawyers can settle a case just by talking among themselves, but, in other cases, they will go to mediation. Mediation is a process in which both clients and both lawyers go in front of a mediator to try to settle the case. (Learn more about Mediation of Personal Injury Claims.)
Comparative negligence is used in personal injury cases to determine what percentage of fault rests with the plaintiff and what percentage rests with the defendent. For example, the state of Georgia has what is called "Modified Comparative Negligence". This means that the amount of damages a plaintiff is awarded will be reduced by their percentage of fault for their accident. However, if the court determines that the plaintiff was at least 50% at fault for their accident, they are not eligible to receive any compensation.
Medical records, which can show diagnoses, prescriptions, clinical visits and hospital stays, are a major way of showing both the extent and duration of recovery from an injury. This only works, though, if you are proactive about your treatment and communicate with your physician in a comprehensive manner. It can also be helpful to take photos and videos of your injuries and keep written records of your symptoms.
Three plus years ago my husband and I were involved in a very serious car accident that changed our life as we known it …. We were both injured as a result of the accident and I known that I needed to find a very special person not only an attorney but a good person who would help us during this most difficult times . I prayed to Our Heavly Father to give me a sign and to direct us to a good person a special attorney we could trust to have our well being at heart. I looked on the interest and 4 different times George's name and picture kept popping up. I told the Lord , yes I get it this is the best person and you have sent him to us. I called the phone number and left a message. Not very long after that I got a call not from his staff but by George himself. During these past 3 plus years , George, Amanda and Carol were truly a God sent my husband and I always left that they really cared about us on a personal base, and we're always there, just a phone call away. Thank you so much for the all you George, Amanda and Carol have done for us. We feel that they will always be an extended family, as they live in our hearts. Thank you , Gume and Maggie Gonzales,more »

In some countries, those prevailing in trial may recover their attorneys' fees from the opposing party. In the United States A party may be able to seek sanctions when the other party acts without legal basis or justifiable cause. For example, if the opposing party continues to object to the complaint without significant reason or justifiable cause, a party may apply a motion for punitive damages or that the opposing party is harassing and or speculating without merit or reason.


The first thing that the lawyer will do is thoroughly interview you about how the accident happened, your background, and your medical condition and medical treatment. The lawyer wants to know everything that you know about the accident and your injury and treatment. Lawyers don’t want to be surprised, so make sure to answer all questions as completely as you can.

Injuries that result from auto accidents — both known and unknown injuries — tend to worsen over time, so it’s critical that you seek qualified medical help as soon as possible. You should also know that delays in diagnosis and treatment can also result in losing the ability to have your medical care covered by the at-fault party’s auto insurance company. That can be an expensive mistake if you have any injuries.


Having the right personal injury attorney on your side can mean the difference between winning and losing your case, so choose yours carefully. Ask the attorney about his or her level of expertise and track record handling your type of case, their policy regarding communicating with clients, and any other questions you might have. At the initial meeting, the attorney will ask you many questions in order to get a full understanding of your case. Be wary of any attorney who, during the initial meeting, makes promises about how much money you can expect to receive. Good lawyers need more time to truly evaluate the value of your case, and they sometimes need to get experts involved too.
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Attorneys in this specialty usually represent clients on a contingency basis. Their fees represent a percentage of the plaintiff's eventual compensation when the case is resolved, typically from 30 to 40 percent. This arrangement means that the plaintiff doesn't pay a fee unless and until the lawyer recovers money on her behalf. These lawyers are typically only compensated if they win.
Some auto accident injuries can take days or even weeks to fully manifest, so we encourage anyone who has been involved in an accident to seek qualified medical attention as soon as possible — even if they don’t feel like they are injured. And, of course, quality auto accident treatment starts with the correct diagnosis. The doctors and other medical practitioners at Accident Care and Treatment Center, Inc. offer complete diagnostic capabilities right on-site, including everything from your initial exam, to on-site advanced diagnostic imaging like x-rays, CT scans, and MRIs.
My wife and I were represented by Mr. Salinas for an incident involving a tractor trailer that left us in bad health. Wi…thin a year after this terrible event, he fought and won on our behalf against the company and sought that we were fully compensated for what we had suffered. Even though our case is over, we still stay in communication from time to time. Excellent advocate, knowledgeable attorney, and caring counselor.more »
That's pressure, particularly when you consider that some personal injury cases can drag out for years before they're resolved. This makes efficient time management skills very important as well. You'll have to balance these long, involved cases with shorter, less demanding ones if you're going to pay the bills, at least if you elect to go into practice for yourself.
Patty is a pedestrian who is crossing the street at a crosswalk. Dave is a driver who fails to stop at a stop sign and hits Patty in the crosswalk, injuring her severely. Patty experiences significant pain and suffering, and incurs medical bills after treating her injuries. Patty sues Dave, and wins her personal injury lawsuit because she proves that:
We get to work quickly to document the accident scene before the condition is repaired and the evidence lost. Our attorneys seek security camera footage that might help determine how long the hazardous condition had been present at a business. We search for other accident reports at the location to help show that the owner should have recognized the unsafe condition.
At Leontire & Associates, P.C., our trial skills were honed in the courtroom litigating a string of high-profile, complex and sophisticated cases. We apply those skills for the benefit of clients across the range of civil litigation, including some of the most complex and complicated matters. Call our office for help in any of the following civil matters in the Boston area:
A number of factors contribute to the risk of collision, including vehicle design, speed of operation, road design, road environment, and driver skill, impairment due to alcohol or drugs, and behavior, notably speeding and street racing. Worldwide, motor vehicle collisions lead to death and disability as well as financial costs to both society and the individuals involved.
For wrongful death cases in California, people qualify to claim damages if they are the following: (1) the deceased person's surviving spouse; (2) the deceased person's domestic partner; (3) the deceased person' s surviving children; or (3) if there is no surviving person in the deceased person's line of descent, then a wrongful death lawsuit may be brought by anyone "who would be entitled to the property of the decedent by intestate succession," which can include the deceased person's parents, or the deceased person's siblings, depending on who is living at the time of the deceased person's death. (California Code of Civil Procedure section 337.60). Otherwise a plaintiff will have to prove that financially dependency on the deceased person.
Ultimately, your attorney is in the best position to let you know when a settlement offer is fair, or when your case is strong and you should go to trial. Make sure you consult with a qualified lawyer before giving up your right to sue or accepting or turning down a settlement, as once you make a decision on accepting a settlement, you cannot simply change your mind later on.
Damages are categorized as either special or general. In torts, special damages are measurable costs which can be itemized such as medical expenses, lost earnings, and property damages whereas general damages include less measurable costs such as pain and suffering, loss of consortium, the effects of defamation, and emotional distress. Personal injury torts may result in claims for both special and general damages.
Employer Liability in Car Accident Cases - If a car accident occurs while an individual is driving a vehicle in order to perform his or her work duties or to do something for his or her employer, there may be employer liability. Whether or not an employer will be liable depends on whether there is some legal reason for assigning responsibility to the employer.
You should use your phone camera to take photographs of the unsafe property conditions that caused the accident. It is important to document the unsafe conditions before they are repaired. If you pursue a premises liability claim, the medical report and photographs of the unsafe conditions and your injuries may provide evidence to support your claim for compensation.

^ Jump up to: a b c d GBD 2013 Mortality and Causes of Death, Collaborators (17 December 2014). "Global, regional, and national age-sex specific all-cause and cause-specific mortality for 240 causes of death, 1990-2013: a systematic analysis for the Global Burden of Disease Study 2013". Lancet. 385: 117–71. doi:10.1016/S0140-6736(14)61682-2. PMC 4340604. PMID 25530442.
You may find this process frustrating, and even exasperating. However, the more information and documentation you provide to the insurance company, the more likely you are to receive fair compensation from the insurance company for all of your damages. Remember, the insurance company is not required to reach a settlement agreement with you. The insurance company may say at some point, “This is the best offer we’re going to make – if you want more money, then file a lawsuit.” (More: When Injury Settlement Talks Fail.)
Copyright 2002-2019. EdgarSnyder.com is sponsored by the Law Offices of Edgar Snyder & Associates®, A Law Firm Representing Injured People. Attorney Edgar Snyder & Associates has offices throughout Western Pennsylvania including locations in: Pittsburgh, Erie, Johnstown, Ebensburg, and Altoona. All of our lawyers are licensed to practice law in the state of Pennsylvania. We also have attorneys licensed to practice law in the states of West Virginia, Ohio, Maryland, and Virginia. Although this website is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.
Sometimes, the skills of an experienced personal injury lawyer -- or at least the threat to an insurance company that such a lawyer may present -- are worth the money you must pay that lawyer to represent you. You may need a lawyer because of complex legal rules involved in your particular claim, or because the severity of your injuries might cause your compensation to vary greatly from the norm -- or simply because an insurance company refuses to settle a matter in good faith. The following types of injuries and accidents almost certainly require a lawyer's help.
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