The average annual salary for a personal injury lawyer is $73,000. Those employed by a larger law firm tend to earn more, topping the pay scale between $81,000 and $164,000 a year. Those employed by non-profit organizations earn the least while a government employed lawyers earn on average $70,000 at the state and local level and up to $121,000 at the federal level.
Deposition testimony is crucial in a negligence case. By securing this evidence early in the litigation, both the plaintiff and the defendant gain an understanding of the circumstances that led to the accident and the degree of fault that can be attributed the defendant. Taking into account the severity of the injury, both sides can then determine what they believe the case is worth, and settlement negotiations will ensue.
Every person who is injured in an auto accident has unique injuries that require dedicated auto accident treatment from trained professionals. Here at Accident Care and Treatment Center, Inc., we can provide you with the exact treatment that your specific injury requires. We have the best auto accident injury doctors in Oklahoma City, OK on our staff, which means that we can provide you with a full range of comprehensive therapies and treatments all in a single location, including massage and physical therapy. This means you may not be required to drive to multiple medical offices to receive treatment for your auto accident injuries.
If you’re looking for help with your claim and the repairs, you could work with your favorite mechanic or one that ERIE recommends. Ask your ERIE claims adjuster about the qualified businesses that are a part of ERIE’s Direct Repair program. The network of businesses in the program will estimate the damages, share their estimate with us and then make the repairs.
Seek immediate medical attention following a car crash. Even if you feel as if you are not injured, there may be a hidden condition that could have serious repercussions if left untreated. By seeking medical attention immediately after an auto accident, you are obtaining documented evidence that the injury was a direct result of the collision. The longer you wait to see a physician, the more difficult it becomes to prove that the injury was caused by the accident.
Automobiles are a part of everyone’s daily life whether you are a vehicle owner, a passenger, or a pedestrian. Practically everyone has been the victim of a car accident or has known someone close who has been. When an auto accident occurs, an extensive network of personnel immediately becomes involved in the victim’s life. This network could include law enforcement, rescue personnel, hospital staff, towing companies, salvage yards, repair shops, doctor’s offices, investigators, and of course insurance companies. With so many moving parts, it is often difficult to make decisions or even know what you are being asked to decide.
In some cases, the defense attorney will file a motion for summary judgment (a motion to dismiss the lawsuit). In those cases, the defendant may not be willing to discuss settlement until after the court rules on the motion. If the court grants the motion, then the case is over; it has been dismissed. But if the court denies the motion, then it’s time to talk. Other times, the defense attorney will be willing to discuss settlement while the court is considering the motion. In settlement negotiations, every case is different.
When you visit an office building, restaurant, government building, shopping center, hotel, apartment complex, or even take a walk, your experience should be free from hazards. Businesses and property owners and managers have a duty to you and to the community. They must be diligent, not negligent, in managing and maintaining their property. You are their customer or guest and they should make sure that their premises are safe. If you have been injured in a slip and fall accident caused by poorly maintained property, you deserve compensation for the damages you suffer.
A claim for injury due to a slip and fall accident is a tort action in the United States. Generally, an individual suffers harm due to slipping and falling while on anothers property. The property may be public or private property, although most slip and fall claims are based on accidents that occurred on private property (such as a business). The person at fault, or liable for the accident, may be the owner of the property where the accident occurred. The injured party filing a claim will usually be seeking monetary damages for injuries sustained due to the slip and fall.
If you have been injured in this way, first consider that it is a normal part of living for things to fall on or to drip onto a floor or the ground, and for smooth surfaces to become uneven. Also, some things put in the ground -- drainage grates, for example -- serve a useful purpose there. So a property owner (or occupier) cannot always be held responsible for immediately picking up or cleaning every slippery substance on a floor. Nor is a property owner always responsible for someone slipping or tripping on something that an ordinary person should expect to find there or should see and avoid. We all have an obligation to watch where we're going.
If you're considering filing a personal injury lawsuit over a car accident, slip and fall, or any other kind of injury, you may be wondering "What is my case really worth?" The answer comes down to "damages" -- figuring out what your injuries have cost you monetarily, physically, and mentally (and, in some cases, whether the defendant's conduct should be punished).
Arizona awards compensation for personal injury and property damage cases based on the rule of “comparative negligence.” Under comparative negligence, a jury will determine the level of fault both parties played in causing the accident. If you have filed a claim for $1,000 and it has been determined that you were 20 percent responsible for causing the accident, you would be awarded $800.
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.
^ Lawyers Cooperative Publishing. New York Jurisprudence. Automobiles and Other Vehicles. Miamisburg, OH: LEXIS Publishing. p. § 720. OCLC 321177421. It is negligence as a matter of law to drive a motor vehicle at such a rate of speed that it cannot be stopped in time to avoid an obstruction discernible within the driver's length of vision ahead of him. This rule is known generally as the `assured clear distance ahead' rule * * * In application, the rule constantly changes as the motorist proceeds, and is measured at any moment by the distance between the motorist's vehicle and the limit of his vision ahead, or by the distance between the vehicle and any intermediate discernible static or forward-moving object in the street or highway ahead constituting an obstruction in his path. Such rule requires a motorist in the exercise of due care at all times to see, or to know from having seen, that the road is clear or apparently clear and safe for travel, a sufficient distance ahead to make it apparently safe to advance at the speed employed.
Words cannot express the professionalism you and your firm has given us in our time of need. Your representatives were very kind, understanding and very helpful. Calls, emails etc… were beyond my expectations. I will gladly recommend your services when and where applicable and of course, I will carry your business card in my purse as well my husband in his wallet. Again, thank you for all you do and my best wishes to you and yours.
Liability for injuries caused by slip and fall accidents is based in negligence. The general idea behind this theory is that all landowners owe others a duty to use reasonable care to prevent injuries on their property. However, what type of duty a landowner owes to a particular person depends upon the person’s status on the property. The state of Florida recognizes three broad classes of visitors when determining the duty that a landowner owes to them:
If you have been arrested and charged with a crime, you probably already know that you could be hit with enormous fines or forced to spend years in prison, but there is even more at stake than that. Regardless of the penalties imposed by the state, a criminal conviction can cause you to lose your job or the ability to practice your chosen profession, and it can utterly destroy your marriage, your family, and your reputation in the community. Never is there more to fight for than when you have been charged with a serious crime in Massachusetts or federal court. You need a team of strong, dedicated criminal defense lawyers on your side to protect you and defend you and look out for your best interests at every step. In Boston and New Bedford, Leontire & Associates, P.C. is here for you.
Personal injury cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. A personal injury case can become formalized through civil court proceedings that seek to find others legally at fault through a court judgment or, as is much more common, such disputes may be resolved through informal settlement before any lawsuit is filed:
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.
After the lawsuit has been filed, the parties have an opportunity to get information from each other about the case. This can be in the form of written questions, sworn testimony in front of a court reporter, and requests for documents and things. For example, a plaintiff who was injured tripping on a step may want to find out if other people had tripped on the same step before the accident. This information would be used to show that the owner knew the step was dangerous and should have foreseen that someone might be injured in a fall (a necessary element to prove negligence on the part of the owner). On the other hand, the owner might want to find out if the plaintiff had been injured before to argue that the injury claimed was not caused by the fall on the steps.
Licensees: There are two types of licensees: invited and uninvited. An invited licensee is someone who is invited to come onto the property by the landowner as asocial guest, while an uninvited licensee is someone who is not invited to enter the land, but whose presence there is reasonable under the circumstances, such as a door-to-door salesman or mailman.
In insurance, "personal injury," as typically defined, does not include mental injury that occurs as a result of defamation, false arrest or imprisonment, or malicious prosecution. For example, the Insurance Services Office standard general liability form has a section providing this coverage. Some home insurance policies include personal injury coverage.
See Automobiles – Rental Vehicles for information about how you are insured when driving rental vehicles to conduct University business. If you are using a rental vehicle to conduct University business and you are in an accident you must still report the accident to the University as described above. However, your insurance coverage comes from the rental car company so you need to report the accident to the rental car company as well and advise them if someone has been injured in the accident, if there has been third party property damage, or if the rental vehicle has been damaged.
An RAC survey of British drivers found 78% of drivers thought they were highly skilled at driving, and most thought they were better than other drivers, a result suggesting overconfidence in their abilities. Nearly all drivers who had been in a crash did not believe themselves to be at fault. One survey of drivers reported that they thought the key elements of good driving were:
Pedestrian Accidents: Pedestrians are often hit by cars when walking on the street or crossing the street. Often, victims of pedestrians suffer immense injuries to fast/heavy cars. Many pedestrians often assume it was their fault the got hurt – and don’t look into hiring a personal injury law firm. We recommend you speak to us, so we can conduct a full 360 investigation into the accident – and how it happened.
The insurance company is making a settlement offer based on what they expect the court to rule, and by taking the case to trial, you might get a larger ruling. However, if you do not have enough evidence, or your case is not strong enough, your case may fail to even meet the burden of proof and the defendant may not have to pay you anything at all. In other cases, the financial compensation that the jury will award will be less than the amount you would have received had you simply taken the settlement.
The manner in which attorneys are compensated for representing injured plaintiffs varies by jurisdiction. For example, in the United States, attorneys often represent clients on a "contingent fee basis" in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved, with no payment necessary if the case is unsuccessful. Depending upon state regulations, a plaintiff's attorney may charge 1/3 of the proceeds recovered if a case is settled out of court or 40 percent if the matter must be litigated. Attorney fees are negotiable before hiring an attorney.
Complaint and Answer Phase. The Complaint is the document detailing your allegations regarding how you were injured and the extent of your damages. It is usually filed in the county where your injury occurred or where the party who injured you (defendant) resides. After filing, the Complaint is personally served on (delivered to) the defendant(s). The defendant must “answer” the Complaint in a set period of time, usually 30 days. The Answer is the document in which the defendant admits to or denies the allegations of the Complaint.
Whether it happens at the grocery store or a friend's house, slip and fall accidents occur fairly often. In some instances, the property owner is responsible for the injured party's injuries, and in others, the property owner will not be held liable. FindLaw's Slip and Fall Injuries section provides both the basics and some in-depth information about slip and fall liability. In this section, you can find articles about conditions that typically lead to slip and fall accidents, and how to prove fault in a slip and fall accident.
If insurance applies, and the defendant must notify the insurance company as soon as he or she knows about the lawsuit (which is a strict requirement in insurance policies). The insurance company will then supply and pay for its own lawyer if the defendant has not already hired one. Defense attorneys work for an hourly rate, not a contingency fee, so if the defendant can afford to pay out-of-pocket, a “losing” case headed for early settlement is not a deterrent to taking the case on.
A slip and fall victim is also permitted to gather sworn testimony regarding what happened. The plaintiff does not need to wait until trial to learn what the witnesses will say. This is accomplished by conducting depositions (recorded interviews). Subpoenas can be issued to the defendant and other parties to show up to be deposed at the office of the plaintiff's attorney, and to answer questions about the accident on the record.
By hiring our attorneys, you are retaining a team of legal professionals that will help provide relief from disputes with insurance companies and other legal hassles that prevent you from focusing on your recovery. We will personally handle any uncooperative insurance providers and will act as your representative if you choose to take legal action against the at-fault party.
At the outset of a slip and fall lawsuit, the responsible parties must be identified. While fault can usually be traced to an individual employee or tenant who caused the hazard, there will be additional parties who exercised control or ownership of the accident site. These may include the property manager, business owner, landlord, or the owner of the property. In most cases, one or more of these parties will have liability insurance covering the property.
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A personal injury lawyer files legal complaints, offers legal advice, prepares legal documents and represents his client in court. A personal injury lawyer’s primary purpose is to see justice and compensation served to the injured party. Frequently, a personal injury lawyer will settle out of court on behalf of his client. However, if an agreement cannot be reached between the plaintiff and the defendant, the case must be settled in court.