Most personal injury damages are classified as "compensatory," meaning that they are intended to compensate the injured plaintiff for what was lost due to the accident or injury. A compensatory damages award is meant to make the injured plaintiff "whole" again from a monetary standpoint (to the extent that's possible). This means trying to put a dollar figure on all the consequences of an accident. Some compensatory damages are relatively easy to quantify -- like reimbursement for property damage and medical bills. But it's harder to place a monetary value on pain and suffering or the inability to enjoy hobbies because of physical limitations caused by lingering accident-related injuries.
Some of those considerations might not have a clearly articulated value at first. However, based on our attorneys’ past experience, they could offer an estimated case value after assessing your medical records, police records, statements, and other evidence, such as the progression or regression of your physical and mental state after an accident. The whole picture can provide a window into what to expect from a personal injury lawsuit.
The definition of a road-traffic fatality varies from country to country. In the United States, the definition used in the Fatality Analysis Reporting System (FARS) run by the National Highway Traffic Safety Administration (NHTSA) is a person who dies within 30 days of a crash on a US public road involving a vehicle with an engine, the death being the result of the crash. In the U.S., therefore, if a driver has a non-fatal heart attack that leads to a road-traffic crash that causes death, that is a road-traffic fatality. However, if the heart attack causes death prior to the crash, then that is not a road-traffic fatality.
After a car crash or traffic collision, you are vulnerable for several reasons. Dealing with insurance companies can be tricky, stressful, and even risky. They are businesses, first and foremost, so your well-being is not a priority. Insurance companies have been known to illegally deny, delay, or reduce claims, and a lawyer can protect you and help you with the complicated filing procedure.
Hotels in the state of Florida owe a duty of care to all guests that stay within these buildings to include the freedom of loss of property or destruction of belongings and prevention of injury to each person as a guest of the hotel. When this duty is in breach, the victim has the ability to pursue a valid claim against management or the owner of the hotel.
The World Health Organization, a specialized agency of the United Nations Organization, in its Global Status Report on Road Safety 2009, estimates that over 90% of the world’s fatalities on the roads occur in low-income and middle-income countries, which have only 48% of the world’s registered vehicles, and predicts road traffic injuries will rise to become the fifth leading cause of death by 2030
(1) You may get additional compensation in a personal injury lawsuit. Insurance companies are limited by the amount of coverage that the insurance policy provides, but in a personal injury damages award is not necessarily limited to the limits of the insurance policy and you may be able to recover additional sums from the negligent driver, especially if he or she has significant assets.
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.
If there is no settlement, the case will proceed to trial. In order to be successful, the plaintiff will need to establish liability by proving the following to the judge or jury: (1) the defendant owed the plaintiff a duty of care; (2) the defendant breached his or her duty of care; (3) the plaintiff suffered injuries; and (4) the breach of the defendant’s duty of care was the proximate cause of the plaintiff’s injuries.
Invitees: An invitee is a person who is either: (a) invited to enter the land or property for a purpose that is connected with the business dealings of the landowner, or (b) a member of the public who is on the land for a purpose for which the land is held open to the public. This could include retail shoppers, business guests, and visitors to public parks.
In California, according to California Code of Civil Procedure Section 335, the statute of limitations in California is 2 years from the date of loss. A date of loss refers to the date in which the accident has happened. Minors in California who are filing a claim against an entity or person has until 2 years after their 18th birthday to satisfy the statute of limitations. For governmental claims, both minors and adults have 6 months to file a claim with its corresponding jurisdiction according to Government Code section 911.2. After filing a claim to satisfy Government Code Section 911.2, you have an additional 6 months to file a lawsuit against a government entity.
The reason this is an important category of car accident claims is because soft tissue injuries often aren’t visible. For example, a sprained wrist might hurt so bad you literally can’t sleep—but on the outside, there’s not even bruising. This is important because juries tend to have more sympathy, and award higher amounts, if an injury looks bad. Insurance companies know this and will try to offer you less money.
I was rear-ended and didn't realize I was as hurt as I was, until a day after. I had a friend refer me to George Salinas…, so I drove to his office and met with him and his staff. We signed a couple papers and they literally handled everything from that moment forward. They handled everything and I was just told where to go and they worked around my schedule. He set me up with a great network of doctors, chiropractors, and Pain Management specialist. We didn't have to go to trial and he took a very low percentage, compared to other lawyers, of what the insurance company paid me for medical Bill's and damages. It was the easiest process I've ever been through and I recieved way more money than I expected. It saved me financially! Don't buy into the catch phrase lawyers.... If you want somebody to handle this in a professional way, take care of everything so you can stay focused on your life, and get you the most money, call George Salinas!more »
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
When on a cruise or other ship, the passenger should receive all manner of care as per the duty of care owed by the owner of the ship, and when this duty of care is in breach, the maritime laws generally require certain rules for a possible claim against the owner. Within these situations, the victim will need a lawyer to initiate a claim and follow these maritime laws.
Not only does a punitive damages award punish the defendant, but it also can serve as a deterrent that dissuades other parties and companies from engaging in similar activity. For the court to award such compensation to a plaintiff, the actions must have been either intentional or the result of wanton and willful misconduct. An example of such a defendant is an insurance company that acts in bad faith or a medical professional that commits malpractice. As noted above, not every state allows punitive damages awards and, in some that do, there are caps on how much a jury can award a plaintiff.
A personal injury claim seeks to make a plaintiff “whole” again after an injury caused by negligence. Once a plaintiff accepts a settlement or receives a case award, he or she is basically stating that the award makes him or her whole again. This means the defendant should not be liable for another claim for the same damages, and a “release of liability” generally puts this into writing.
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.
Attorney Michael Sawaya and the legal team at The Sawaya Law Firm are committed to providing clients with excellent legal representation. Our effective advocacy on behalf of clients and the 12 core values on which our firm was founded 40 years ago have shaped our success and allowed the firm to grow to more than 20 lawyers and 80 staff members. Many of our attorneys including our founding attorney have been listed among Colorado Super Lawyers®. The Sawaya Law Firm is a full service personal injury firm that focuses on helping people who have been injured through the carelessness or negligence of others. Our premises liability attorneys serve clients in Denver, Greeley and throughout Northeastern Colorado.
Medical Malpractice: Healthcare providers are people, and make mistakes like everyone else. If a doctor, or nurses, mistake has harmed you – we can help correct that injustice. We can help you – by conducting an investigation into their conduct, and trying to determine how/when they deviated from an expected standard of care. We can build a case, in order to can you compensation. Often, these mistakes can follow you for the rest of your life.
Reflex Sympathetic Dystrophy (RSD): RSD, also known as Complex Regional Pain Syndrome (CRPS), is a complex progressive disorder that causes extreme, debilitating pain, affecting the central nervous system. It can result from injuries sustained in auto-accidents, and if caught and treated in the early stages, it may be possible to reverse the condition. If you were in an accident from which you received a diagnosis of RSD, it is important to consult with an experienced personal injury as soon as possible.
At The Sawaya Law Firm, our practice has been dedicated exclusively to helping injured people for more than 35 years. We have helped thousands of people in Denver, Greeley, and throughout northeastern Colorado and the Rocky Mountains. Many of our attorneys, including our founding attorney, Michael G. Sawaya, have been listed among Colorado Super Lawyers®.
Personal injury law refers to the legal remedies and defenses involved in civil lawsuits brought as a result of wrongful conduct. In fact, the word "tort" comes from a Latin term meaning twist, wrong, or harm. In contrast to criminal law, a tort action does not involve the government prosecuting the wrongdoer. Rather, these cases involve a private plaintiff seeking compensation (usually money) for the harm caused by the defendant's actions.
A surprising number of people suffer broken bones, head injuries, neck injuries and other serious from slip and fall accidents on slick floors, stairs, uneven sidewalks and icy parking lots. Some of the injuries can be life-altering, forcing the injured person to adapt to a new life. A slip and fall injury may occur at a personal residence, at a store or business, or on a public sidewalk or in a parking lot.
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.
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.
Slip and fall law refers to the liability rules governing cases in which an individual falls to the ground and suffers harm due to a dangerous condition on someone else's property. As a subset of personal injury law, these cases are controlled by the basic rules of negligence. Unless an accident occurs on federal government property, state law will control. Violations of local building code ordinances can also be relevant.
Trial: When a case can’t be settled, it goes before a judge and jury. It is during this time that your attorney will argue your case, which includes interviewing expert witnesses. Given our track record of securing millions upon millions of dollars in jury verdicts, insurance companies and other parties oftentimes aren’t excited about having to face Morgan & Morgan in a courtroom. In fact, our law firm has a mock courtroom in which our lawyers regularly conduct trial practice. Your legal team isn’t afraid of a courtroom.
Our personal injury law firm will also help you address the non-economic losses associated with your accident. What does this mean? If you or a loved one suffered a serious injury, you may be dealing with emotional stress, psychological stress, pain, suffering, and loss of enjoyment of life. Although these damages are not financial, you may deserve monetary compensation for them as well.