In the United States, each state has different statutes of limitation, and within a state different types of injuries may have different statutes of limitation. Rape claims, for example, often have a much longer statute of limitation than other injuries. In some states such as Colorado, the statute of limitations starts to run once the injury is discovered. For example, if you were in a car accident and then 6 months later started having severe back problems, the statute would start when you noticed the injury.
It is natural for a person to try to catch themselves when falling, that type of quick response can stop the fall all together, or make the injuries worse. When using your feet, knees or hands to prevent the fall, you could tear a ligament or tendon. These injuries can be treated with surgery and physical therapy, these type of injuries cause those injured to suffer life-long consequences that more often than not never completely heal.
Sometimes your car accident may be much more serious than just an ordinary “fender bender.” If you suffer injuries in a car accident, the legal issues involved become much more complicated. In addition to those items of damages listed above, you may be entitled to reimbursement of medical expenses or lost wages. You may also claim compensation for your mental and physical pain and suffering stemming from the accident.
There are times when an accident attorney is not needed. This is usually the case when the injuries are very minor and there are no disagreements about who was at fault and who should pay (and what amount should be paid). Often, however, things are not so simple. If you were involved in a more serious accident, you should contact a personal injury lawyer right away. See How a Personal Injury Lawyer Can Help for more information about what personal injury attorneys do and how they can help you you’re your case. If you are looking for a personal injury lawyer, you can find listings of qualified attorneys in your area by going to AttorneyPages.com. If you would like to have your case reviewed by an experienced personal injury lawyer, simply fill out our case evaluation form and an attorney will contact you for a no-cost, no obligation evaluation.
The insurance company's fear of this possibility is the major reason they typically want you to give up your right to sue and accept a settlement. Turning them down and taking the case to court means you could very easily end up being compensated much more than if you had settled out of court and given up your right to sue. In addition, you may be able to win an award for pain and suffering beyond that which was offered initially or even be awarded punitive damages.
Ankin Law Office, LLC is a Chicago personal injury law firm that focuses on representing the victims of personal injury cases. Personal injury law holds parties liable for the injuries and damages that they cause to others as a result of their negligent or intentional misconduct. Personal injury lawsuits fall under an area of the law called tort law. Tort law is designed to address civil wrongdoing (not based in contractual obligations) and provide a remedy in the form of compensation for the wronged party. There are three kinds of torts–negligence, intentional and strict liability. Most cases in this country are based on proving negligence.
It can be difficult to tell what caused an auto accident. Far too many individuals automatically assume that the crash was their fault simply because they do not have the full range of facts necessary to understand the accident. People often contact an attorney if they can tell that another driver involved in the crash was drunk or was driving recklessly. However, many other factors that you cannot easily see could have contributed to the incident.
All lawsuits will include the actual legal claims of the plaintiff, and many times the original filing fails to meet the standard of establishing a reasonable duty of care by connecting the respondent to the accident that caused the injury. This is a more common defense in premise liability personal injury claims, as automobile accidents are often better supported by documentation such as police reports and ambulance records. Premises liability cases filed against a business operator may be misdirected when a property owner is the one who is actually liable. This defense depends the specifics of the lawsuit claims.
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.
Landowners owe invitees and invited licensees the highest duty of care. For these guests, the law requires that landowners inspect and make safe any dangers they know about or should know about. Landowners owe uninvited licensees a much lower duty of care and are only required to refrain from willful or wanton injury toward the uninvited licensee. “Willful or wanton injury” could include such actions of installing booby traps on the property or setting a vicious dog on the visitor. With one narrow exception, landowners owe trespassers no duty of care beyond the duty to refrain from willful or wanton injury.
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 »
It’s a well known fact, insurance companies make money – by denying personal injury claims. Their goal is to hinder, limit, and deny, your claim and give you as little money as possible. When you speak to them without an attorney, you have no leverage, and are at a potential disadvantage. Without a proper understanding of the law, you may find it difficult to compel them to play fair. Most victims don’t know the law, and don’t know enough to file a personal injury claim on their own due to a lack of knowledge and/or understanding. Insurance companies know this, and can play games in order to harm your chances of getting compensation. In some cases, victims may not understand the true value of their potential claim – and may settle for less. For example, many clients we’ve spoken to don’t know they can ask for future/past medical bills to be covered — or even future lost wages to be covered as a part of the final settlement/verdict. Our attorneys can help advise you about your right, and tell you what you may be entitled to as a result of your injuries. One of things we do, as a part of your case – is do a full investigation into the case in order to secure necessary evidence that proves your point of view.
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.
Slip & Fall Accidents/Premises Liability Slip & fall lawsuits are a bigger deal than some think. After all, you didn’t just fall for seemingly no reason. This isn’t just a matter of you being a clutz. Those who slip and fall on someone’s property may find themselves with an injury that could have been avoided had the property owner not neglected to repair their broken facilities. Sometimes a grocery store or restaurant fails to clean up spilled food, drink, or cleaning solution. A railing could be loose. Steps could be loose and in poor condition. The list goes on.
I've written several books on personal injury law including The Ultimate California Auto Injury Handbook and The California Motorcycle Accident Handbook. I'm currently working on a book tentatively titled Personal Injury Picasso: How Attorney's Evaluate and Value Personal Injury Cases. These books are on Amazon (including Kindle) but you can obtain them free by emailing us at email@example.com and requesting a copy. If you have been in a crash, these books are a valuable guide on what to do.
Once the summons is issued we forward that summons to a Private Process Server or the County Sheriff to serve the summons on the Defendant. The summons needs to be served on the defendant individually, or left with a relative over the age of 16 at their home. If the defendant is a corporation or business, we serve their registered agent that is on file with the secretary of state.
We can then seek just compensation for your medical expenses, lost wages, pain and suffering and other damages by dealing directly with the insurance companies on your behalf. We can seek a financial recovery for you through the at-fault driver’s liability coverage and, if necessary, turn to your own uninsured/underinsured motorist (UM / UIM) coverage.
Lost Wages You were injured and you had to miss work. Maybe it was just a matter of using some sick time to go to doctor’s appointments or perhaps you were in the hospital and had to take a lot of time off. Or you were injured so severely that you can no longer work. Whether it’s the loss of a few days or the inability to work going forward, you could be entitled to compensation for those lost wages.
It is important to get names, address, and phone numbers of everyone involved in the accident. A description of the car and license plate number can also be helpful, but make sure you also get their insurance company and the vehicle identification number of their car. Don't just assume the license plate number will do because most insurance companies only record the type of car and the vehicle identification number, not the license plate number. There is a complete list of how to collect this information for you in the 5 sections below.
Before the case is set for trial, the attorneys in the case may make various legal arguments about the case in the form of motions to the court. These might concern the adequacy of the complaint or answer, disputes about discovery, or an argument that one party’s case is so strong that he or she is entitled to judgment in his or her favor without a trial.
States that recognize contributory fault laws will not award a settlement to a plaintiff if there is any degree, even the slightest, of partial blame on the part of the injured party. States that enforce comparative negligent laws will award compensations in cases where there is partial negligence, but they will reduce the settlement in proportion to the percentage of liability. Determining partial liability on the part of the injured person is determined by the engagement, access and warnings provided to the plaintiff. If the injured person was distracted by talking or texting on the phone they may be deemed to personal liability. If the injury took place in a restricted area in which the plaintiff was not granted access to, or they disregarded warning signs posted in the area, those issues may also present a case of partial liability.
Workers’ Compensation: Workers injured on the job should be able to easily obtain the benefits they are entitled to receive. Unfortunately, that is not always the case. Employers or their insurance companies may dispute the validity of the claim, the time needed for recovery before returning to work, or the degree of disability caused by the injuries. If you have been seriously injured in a workplace accident, it is in your best interests to have an experienced attorney with The Sawaya Law Firm by your side for your workers’ compensation claim.
If you've been injured in an accident that wasn't your fault, a personal injury attorney can help you receive a fair settlement from the insurance company. Although it's possible to receive some compensation without legal representation, if you don't have a personal injury attorney there's an increased chance that the insurance company will try to take advantage of you and give you less than you deserve."
After you report the accident and make a claim, a SedgwickCMS claims administrator will contact you and request all the relevant information. The administrator will ask for any notes or diagrams you have made, photographs of the accident scene and/or your vehicle, cost estimates to repair the damage to your car, and in the case of injuries, any invoices or bills for medical services. If there was a police report, provide it, or the police report number, to the administrator.
When a person is injured, tort law will govern whether that person may be compensated for the injury, the amount of compensation that may be recovered, as well as which parties will be liable for the injury. Tort law, also known as injury law, comes from federal and state codes, as well as judicial opinions from prior cases. The amount of damages a plaintiff to a personal injury action may receive can be determined by statute, or by a judge or jury. Typical recoveries may include compensatory damages (e.g., lost wages, medical bills, etc.) and in particularly egregious situations, punitive damages. In some cases, a plaintiff may recover certain non-economic damages such as pain and suffering, loss of consortium, or loss of enjoyment of life.