Discovery Phase. During this phase, each party gathers testimony, evidence, documents and information from each other and from third parties regarding the case. Written discovery includes questions, also known as interrogatories, and requests for documents. Oral discovery, known as depositions, also takes place. During a deposition, witnesses, experts, and each party are questioned by a lawyer. Your involvement is crucial, so be sure that your attorney has your latest contact information.
When initiating a tort action, identifying the proper defendants can be difficult. This is because the "tortfeasor" who directly harmed the plaintiff - be it a delivery driver, nurse, grocery store clerk, or other individual - may not have the financial resources to pay a large judgment. An experienced injury attorney can identify and sue additional parties who are liable based on their relationship to the tortfeasor, such as a landlord or employer.
While there is no specific guideline or deadline as to when you have to hire a personal injury attorney, especially after a car accident injury, it is very important to engage the services of a personal injury lawyer shortly after the accident. You do not want to go without counsel during any part of the process and you can usually hire a lawyer on a contingency basis.
This defense falls into the category of comparative negligence, which each state uses in some manner. Some states use pure comparative negligence that allows any injured party in an accident injury to receive some amount of financial compensation unless they are totally at fault for the injury, such as an intentional act or they were convicted of drunk driving. Most states use modified comparative negligence law that states plaintiffs are barred from any financial recovery if their comparative negligence percentage is greater than the respondent. The bar level is usually either 50% or 51% to deny a claim. In pure contributory negligence states, any contribution to the causation of the injury will be an effective defensive strategy. In premises liability cases, the focus is on individual reasonable assumption of risk based on the actions of the plaintiff. An example of this defense would be trespassers who are injured and normally lose their claims based on no authority to occupy the property. This means that technicalities can matter greatly, depending on the state of occurrence, and the particulars of the claim are all potential reasons for a case dismissal, or at least a reduced financial liability.
As mentioned above, plaintiffs can get compensation for certain types of damages related to their injuries. Essentially, personal injury lawsuits are filed to seek compensation, also known as “damages,” for the harms plaintiffs have suffered. The idea is that an injury victim is compensated so that he or she doesn’t have to bear the financial burden of the consequences of another’s actions.
When dealing with an insurance company, you may feel like you can file a claim and negotiate a settlement on your own. And that may be true if you only suffered minor property damage, such as a small ding to your car. However, if you are coping with any injuries, it is worth scheduling a free consultation with an experienced personal injury attorney.
Most personal injury attorneys are paid on a “contingency” basis, which means there is no fee unless your case is successful (i.e., they don’t get paid unless you get paid). If you are awarded monetary compensation, the lawyer’s fee is based on a percentage of the total recovery, usually 25% to 40%, and is paid at the very end of the case. Once you agree to hire an attorney, you will be asked to sign a client contract that specifies the exact attorney fee. Make sure to ask any questions you have about the fee before you sign the contract.
When a foreign substance which can become a hazard is one that is naturally occurring, such as ice, snow, wet leaves, etc., and when the accumulation is not the fault of the landowner, the owner is under no duty to discover and then remove the hazard unless there is evidence that this had become an obvious hazard. This does not mean that a land owner or occupier has no duty to inspect its premises – it still has the duty to inspect. If a reasonable inspection had uncovered a hazard caused by the natural accumulation of ice, for instance, then the owner will still have liability for its failure to inspect. Such an inspection must be a thorough one and an owner cannot get by with a perfunctory review of its premises. There is no bright line test as to what constitutes a reasonable inspection – it will depend on many factors that are examined on a case by case basis.
The next thing that you will have to do for anything more than a minor claim is to choose a lawyer. You should choose the lawyer soon after the injury. You can certainly settle a small personal injury claim yourself (although a lawyer is generally useful even for smaller claims), but you will absolutely need a lawyer for any personal injury claim where you suffered significant injury or other losses.
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.
Whether it is at work or at a store, slip and fall accidents happen. Sometimes the floor is slippery and wet, other times there is an obstruction in the walkway that trips your foot. No matter what the cause is, if a person is injured due to a slips and fall in the workplace or in a public place, the employer or business may be liable for those injuries. Determining a slip and fall settlement is done in consideration of several factors such as negligence and liability. Additionally, While there are several common injuries associated with slip and fall accidents, the compensation is awarded for different categories of injury, including medical bills, attorney fees, as well as pain and suffering.
Personal injury lawyers often have investigative staff at their disposal that can help with your personal injury claim. They can help recreate the accident and use the information at trial, or in negotiations with the carrier to get you the best possible settlement or verdict. Private investigators are just as important as the personal injury attorneys as they arm the personal injury lawyer with the information necessary to pursue your claim.
Slip and Fall Accidents: Trip or slip and fall accidents can cause serious injuries, including fractures, concussions, traumatic brain injuries, hip injuries, and elbow injuries. If you have been hurt because you slipped on a slick floor where there was no warning sign, or tripped on an object in your walking path, contact a slip and fall accident lawyer with The Sawaya Law Firm.
The lawsuit process is complex, with many twists and turns, each requiring expert decision-making skills on the part of an attorney. Be sure your personal injury attorney has expertise in cases like yours and a proven track record of success. And since your lawsuit may last for months to years, make sure you have a good rapport with your attorney. Remember, you have only one opportunity to get the compensation you deserve for your injuries or loss, and having the right attorney on your side can mean the difference between winning and losing your lawsuit. Choose yours wisely.
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.
After an injury, if the damages appear to be more than the small claims court limit (around $5,000, depending on the state), most plaintiffs will seek out an attorney. The typical plaintiff’s personal injury attorney will consult with the plaintiff for free. If, after the initial consultation, it appears that the plaintiff might have a case, the attorney may agree to conduct an exploratory investigation, including whether or not the defendant has applicable insurance and/or sufficient assets. If the consultation and investigation lead the attorney to conclude that the case is viable, he or she will enter into a fee agreement with the plaintiff and officially become the plaintiff’s attorney.
Kinney, Fernandez, & Boire P.A. Our personal injury lawyer provides experienced litigation representation for injury victims of accidents due to negligence in communities throughout the Tampa Bay Area and Central Florida including, Tampa, Clearwater, St Petersburg, Sarasota, Town ‘n’ Country, Brooksville, Spring Hill, Lakeland, Plant City, Brandon, Bradenton, Palm Harbor, Holiday, New Port Richey, Trinity, Tarpon Springs, Citrus Park, Westchase, Lutz, New Tampa, Odessa, Dade City, Zephyrhills, Mulberry, Dover, Seffner, Riverview, Gibsonton, Ruskin, Bartow, Palmetto, Largo, Frostproof, Valrico, Seffner, Wimauma, Carrollwood, Pinellas Park, Siminole, Treasure Island, Indian Rocks, Indian Shores, Bellair, Madeira , Redington Beach, Anna Maria Island, Perico Bay, Holmes, Bradenton Beach, Millar Bay, Coquina, Long Boat, St Armands, Lido, Siesta, Casey Key, and Venice Florida
To defend against personal injury liability, defendants tend to rely on a few common defense theories. In negligence cases, the defendant may argue that the plaintiff did not use due care, and is partially or wholly responsible for his or her own injury. The defendant may also claim that the plaintiff "assumed the risk" by voluntarily participating in a dangerous sport or activity, or that the plaintiff impliedly gave the defendant permission to take the action that ended up harming the plaintiff.
You would file a personal injury lawsuit in this instance to pursue compensation for immediate medical bills that stem from the crash and future medical expenses, such as rehabilitation. There are also damages available for lost wages, because of an inability to work and the lost ability to work in the future, along with compensation for the physical and emotional suffering you’ve endured.
If you’re injured on the job, it’s essential to the results of your recovery that you hire a work injury attorney in Texas. We’ll provide you with answers to those pressing questions, and we’ll follow the letter of the law to ensure that you’re represented in a way that gets positive results. A work injury attorney knows that the complex paperwork and legal process can cause many people to see a delay in getting the financial compensation they deserve, and we work to prevent this from happening so that you can get better and get back to your health.
Although some jurisdictions have historically helped people obtain affordable legal representation, those systems have typically been narrowed and may exclude personal injury cases. For example, in England legal aid from the government was largely abolished in the late 1990s and replaced with arrangements whereby the client would be charged no fee if her or his case was unsuccessful.
My wife and I hired Mr. Salinas to represent our teenage daughter, who was involved in a very serious accident in South …Texas. He carefully gave us a detailed explanation throughout the process and we felt secure throughout our daughter's case. In the end, I can't say enough about how satisfied we were with the end result. I've since referred a co-worker and one of my cousins to his office.more »
I was referred to George Salinas and his excellent staff by a close friend. The level of professional personal service a…nd excellent results from his office allowed me to get the required treatment and a final settlement by Mr. Salinas that was very reasonable and fair. I highly recommend George Salinas Law Firm for any legal services you may require, I'm sure you will not be disappointed.more »
In the UK, research has shown that investment in a safe road infrastructure program could yield a ⅓ reduction in road deaths, saving as much as £6 billion per year. A consortium of 13 major road safety stakeholders have formed the Campaign for Safe Road Design, which is calling on the UK Government to make safe road design a national transport priority.
In some jurisdictions, or by virtue of the retainer agreement between an attorney and client, the amount of the legal fee may vary depending upon whether a case settles before a lawsuit is filed, after a lawsuit is filed but before trial, or if the case goes to trial. For example, a retainer agreement might provide that a lawyer will receive a 33 and 1/3% contingency fee if a case settles before a lawsuit is filed, and a 40% contingency fee if the case settles after the lawsuit is filed.