I am a member of Consumer Attorney's of California, The Million Dollar Advocates, The Brain Injury Association of California as well as the Capital City Trial Lawyers Association. The verdicts and settlements my office has achieved are public information and are listed for your review here. You can find out how past clients feel about us by looking at our site here or by learning what clients and other attorneys say about us on Avvo or Yelp.
Invalid assertions can be stricken from the record in some instances when the plaintiff legal counsel cannot prove the claims. Some claims are filed with overstated pain-and-suffering claims as well as overly-calculated loss of future wages. The diagnosis and prognosis of medical treatment professionals can be evaluated and defended as well, many times by a second opinion from an impartial medical professional who is legally qualified to present a competing analysis. While this may not always result in a case dismissal, certain items can be eliminated and injury claims regarding the degree of injury can require closer evaluation, which normally results in a reduced amount of financial damages available.
Some jurisdictions offer no fault compensation systems for personal injury cases, or types of personal injury cases, whereby an injured person can recover compensation from a fund or insurance program without regard to who is at fault for the person's injury. For example, in the United States, most injuries that occur while the injured person is working for an employer are compensated through a no-fault workers' compensation system. In New Zealand, the Accident Compensation Corporation provides no-fault compensation to all accident victims (including medical malpractice), and personal injury lawsuits are rare (except in cases of reckless conduct). Proponents of this system say that it results in faster, fairer awards to victims. In practice, it allows people to engage in behavior they otherwise wouldn't out of fear of legal liability, such as putting out a trampoline for neighborhood kids to use.
In the 1990s, Hans Monderman's studies of driver behavior led him to the realization that signs and regulations had an adverse effect on a driver's ability to interact safely with other road users. Monderman developed shared space principles, rooted in the principles of the woonerven of the 1970s. He concluded that the removal of highway clutter, while allowing drivers and other road users to mingle with equal priority, could help drivers recognize environmental clues. They relied on their cognitive skills alone, reducing traffic speeds radically and resulting in lower levels of road casualties and lower levels of congestion.
If you have sustained a slip and fall injury, you will improve your chances of a positive outcome by working with an experienced Denver slip and fall attorney. It is important to have an attorney who has handled numerous similar claims to get to work investigating your slip and fall accident as soon as possible. You need an attorney with trial experience, who knows what to expect in the courtroom.
One of the most common defenses to a slip and fall accident is that the plaintiff was not exercising reasonable care. Under the doctrine of comparative negligence, a plaintiff's recovery is reduced by his or her percentage of fault for the accident. For example, in the example above involving a grocery store slip and fall, if there was a yellow cone that said "warning" next to the spill, but you were distracted while looking up at a sale sign and slipped anyway, you may be found partially or wholly responsible for your fall. In a state that adheres to the doctrine of contributory negligence, even if a jury finds you only 1% at fault for not noticing the spill, you cannot recover anything.
Aside from compensation for injuries, the injured person may get compensated for the lifetime effect of the injuries. An example, a keen cricketer suffers a wrist injury which prevents him from playing cricket during the cricket season. This is called loss of enjoyment of life and is compensable. Additionally, lost earning capacity (Future ability to learn) and future reasonably necessary medical expenses are recoverable.
Finally, the trial will begin and, for a typical personal injury case, last several days. At trial, the judge or jury will determine if the defendant is liable and, if so, how much the defendant is required to pay out in damages. After trial, either party can initiate an appeals process that can last from several months to several years. After the appeals process has been exhausted, a losing defendant will be required to pay the damages established at trial or on appeal.
In some cases, a personal injury law firm may also have medical personnel on staff that can evaluate your claim and tell you what type of personal injury claim you have and also interpret the medical records that they receive from your physicians and serve as a buffer between you and the physicians. They will also be able to make sure that you are receiving the best personal care for your injuries and best serve your personal injury case by being thorough and professional.
The compensation provided by an award of damages for wrongful death can help ease the financial burdens associated with the loss of a loved one. Compensation awarded is designed to cover the lost income, leftover bills, and funeral expenses survivors face because of the death of their family member. It is also designed to help compensate for less specifically quantifiable aspects of a wrongful death, such as the sudden and unnecessary loss of someone’s spouse or parent. For example, laws will generally refer to this as something like “lost parental companionship, instruction, and guidance” for children who survive their parents.
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.
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.
The Colorado Premises Liability Act makes landowners and those who exercise sufficient control of the property such as business tenants responsible for activities and conditions on the property. The duty that the property owner or business tenant owes depends on the status of the person injured. The duty that a landowner owes to a customer visiting a business or a social guest invited to a home is generally higher than the duty owed to a trespasser. The relation of the injured person to the property owner or manager is determined on a case-by-case basis. If the accident victim is a child, that fact must be taken into account because children may be too young to comprehend a property hazard or unsafe condition. For instance, a young child who cannot swim may be attracted to an unsecured swimming pool and not recognize the danger of getting in the pool.
No one is ever prepared for the emotional and financial toll an unexpected motor vehicle accident can cause. And, if you are also injured in a motor vehicle or motorcycle accident, you can easily become overwhelmed when dealing with insurance, medical injuries, pain, work, repairs, and recovery, as most people have a limited understanding of the laws and procedures after an accident happens. Therefore, it is imperative to consult with an experienced New Jersey auto accident attorney.
Now, about 40% of new US vehicles, mainly the SUVs, vans and pickup trucks that are more susceptible to rollover, are being produced with a lower center of gravity and enhanced suspension with stability control linked to its anti-lock braking system to reduce the risk of rollover and meet US federal requirements that mandate anti-rollover technology by September 2011.
Additional damages for mental injury without a physical injury are less clearly covered, as the insurance policy typically states that it covers only bodily injury. For example, in general liability as of 2001 a minority of courts included emotional distress within the definition bodily injury. Where a mental injury arises from a physical injury—as with a traumatic brain injury caused by a car accident—auto insurance policies normally cover the injury.
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.
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.)
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.
Good plaintiff’s lawyers don’t want to appear overeager to talk settlement because the defense attorney might interpret that as being desperate. If the defense attorney thinks that the plaintiff is desperate to settle, the defense attorney will usually make lowball offers and try to get the plaintiff to settle for far less than the case is worth. Thus, good plaintiff’s lawyers usually wait until the defense attorney asks them to make a settlement demand.
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.
Another common tort involves injuries caused by defective products. Liability in these cases can be imposed based on a theory that the manufacturer acted negligently by designing and selling an unsafe product. Or, if certain elements are met, plaintiffs hurt by a defective product may be able to sue under a strict liability theory. Either way, product liability cases have the potential to become large class action lawsuits, involving many plaintiffs and enormous money judgments.
This process of discovery and intermittent court appearances can take months and even years, with the trial date frequently being set back. Eventually, once the discovery process appears to have proceeded as far as it can, the defendant may ask the judge to throw out the case on “summary judgment” because the plaintiff cannot possibly win at trial (these motions lose more often than not).
In order to have a viable personal injury claim in Texas, the injured person must be able to prove that the other party was at fault and that their contribution or fault was less than 51%. If you may have been partly at fault, an attorney may decline your case because the monetary award will be reduced or eliminated depending on the extent of your fault.