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.
I served four great years in the military including Airborne Service in Southeast Asia from 1968-1970. After leaving the military, I used the GI Bill to attend UC Davis. I married in 1978 and later graduated from McGeorge School of Law in Sacramento in 1982, the same year my son, Brant was born. I opened my own office in 1983 and started working on personal injury cases exclusively in 1987. Since then, my office has handled thousands of personal injury cases including catastrophic injury and wrongful death cases.
Do you have past clients who would be willing to speak to me? Talking to past clients is the most reliable way to gauge an attorney's response to concerns or questions. While no one settlement can truly alleviate all discomfort for either party in a personal injury case, an attorney can help you reach the best outcome regardless of who is responsible.
If you’ve suffered from an injury at the fault of someone other than yourself, you will want to have the best personal injury attorney in San Antonio by your side. We’ll provide you with guidance and work towards a settlement that you deserve. We know that whether you’re going through physical or psychological issues, medical bills can pile up and put you behind, and our personal injury attorney will work towards results that allow you to move forward with your life. The sooner you call a personal injury attorney, the faster you’ll get compensated.
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.
Pain and Suffering This category of compensation is calculated and awarded based on the depth and breadth of the pain and suffering you’ve endured — your type of injury and what medical treatment was required. To get this kind of compensation, which can exceed a million dollars in a jury trial, the plaintiff will need to have as much evidence as possible to prove the impact of an injury caused by the negligence of another.
Some auto accident injuries can take days or even weeks to fully manifest, so we encourage anyone who has been involved in an accident to seek qualified medical attention as soon as possible — even if they don’t feel like they are injured. And, of course, quality auto accident treatment starts with the correct diagnosis. The doctors and other medical practitioners at Accident Care and Treatment Center, Inc. offer complete diagnostic capabilities right on-site, including everything from your initial exam, to on-site advanced diagnostic imaging like x-rays, CT scans, and MRIs.
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.
"Slip and fall" is a term used for a personal injury case in which a person slips or trips and is injured on someone else's property. These cases usually fall under the broader category of cases known as "premises liability" claims. Slip and fall accidents usually occur on property (or "premises") owned or maintained by someone else, and the property owner may be held legally responsible.
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Settlements are private, but trials are not. While we mentioned this as a positive for the defendant, it benefits the plaintiff as well. During trial, both parties may try to make one another look bad, and that information will be available for anyone to read. In settlements, parties are in control of what can be public—including the settlement amount.
^ Grossetete, Mathieu (August 2016). "Des accidents de la route pas si accidentels" (in French). Le Monde diplomatique. Retrieved 2018-01-24. Alors qu’ils ne représentent que 13,8 % de la population française âgée de 15 ans et plus, les ouvriers comptaient pour 22,1 % des 3 239 personnes décédées sur la route en 2007 et pour 19 % des blessés hospitalisés. À l’inverse, les cadres supérieurs, professions libérales et chefs d’entreprise (8,4 % de la population) ne totalisaient que 2,9 % des morts et blessés
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
Aside from insurance claims, auto accident victims also might be legally entitled to financial compensation from liable parties. A skilled lawyer can help you assess whether or not you have a case and can represent you if you decide to pursue a personal injury lawsuit. The person or organization responsible for your injury will most likely avoid paying you unless they are legally compelled by the courts. Working with an auto accident attorney can even convince the responsible party to settle out of court, paying you sooner and with less hassle.
Personal injury cases represent the most common type of lawsuits filed in United States federal district courts, representing 25.5 percent of cases filed in 2015. Personal injury claims represent a considerably smaller percentage of cases filed in state courts. For example, in Illinois, tort claims represent approximately 7% of the civil docket.
While there may have been conditions present that caused the slip and fall in the first place, the plaintiff must be free from guilt in order to place all of the liability on the defending party. If the injured party contributed to the injury in any way, they must accept their portion of liability, which usually negates the assumption of full responsibility by the property or business owner.
Accidents happen, and injuries are often the result, but when the accident was caused by something (or someone) outside of your control, you may wonder if you have any options for legal recourse. This article discusses the key issue in a slip and fall accident claim: Liability. Whether you are pursuing an insurance settlement or personal injury lawsuit, to win your case you will need to be able to prove that someone else – usually the property owner -- is liable for your injuries.
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).
Punitive damages are awarded to the injured plaintiff, but the real goal of these kinds of damages is to punish the defendant for its conduct -- to "hit them in the pocketbook," so to speak -- and to act as a deterrent. Since it isn't unusual for punitive damage awards to top tens of millions of dollars, most states have set some type of cap on punitive damage awards in personal injury cases.
On the opposite end of the tort spectrum, there are scenarios in which defendants will be liable even though they did everything possible to avoid causing the harm. This is referred to as strict liability. The law will hold a defendant strictly liable if someone is hurt while the defendant is engaging in a highly dangerous activity, even if the activity is legal and all precautions are taken. Building demolition and transporting hazardous materials fall into this category.
The cases involving a property owner or occupant that "should have known" of a slippery surface can be the most challenging to prove. For example, in a slip and fall that occurs on a wet floor in a grocery store, a crucial issue will be how long the floor was wet. The longer the floor was wet, the more likely it is that the storeowner knew or should have known that the hazardous surface existed and failed to warn customers or otherwise guard against slip and falls. Unfortunately, in many cases, it is hard to determine how long the surface was wet. If you are injured in a slip and fall, it is a good idea to get the name and contact information of any witnesses, especially if they were present in the location over a long period and can give some idea of how long the hazardous surface existed.
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The Pre-lawsuit settlement demand is sent to the insurance company and/or defendant once the injured client has reached Maximum Medical Improvement or ‘MMI’. This is the stage where the client and doctors agree that they are either 100% healed or have healed as much as possible for the foreseeable future. This is very important because once a case settles the case is closed. If injuries arise after settlement the case cannot be reopened.
All in all, there are a number of factors to consider when determining slip and fall settlements. Negligence and liability are two major components of discovery, but the plaintiff must be free from blame the injuries that are suffered, whether common or unique, may qualify for compensation, among other considerations such as legal fees, medical bills and pain and suffering.
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.
In larger personal injury cases (and sometimes in smaller cases), the lawyers and their clients will usually attend mediation. Most courts nowadays require the parties to attend mediation to try to get the case settled. Mediation can be done with either a private mediator or a judge who is not assigned to that case. The mediator meets with all sides in the beginning, and then meets separately with the plaintiff and the defendant to see if he/she can get the parties’ numbers closer together. Mediation can go on for hours or even days. Mediation does not always work, but it has a very good track record in getting cases settled.
Many personal injury lawsuits have strict deadlines embodied in the law — these laws are called “statutes of limitations.” In some states, you have as little as a year or two after your accident to file a lawsuit. If you wait too long to file, then a personal injury law firm can’t take your case and you won’t be able to pursue compensation for your injuries.
Your case may settle outside of court or may be resolved in a court of law by a judge or jury. You could also potentially take action not just against those who own the property, but also against tenants or renters who were in control of the space and who allowed unsafe conditions that led to a slip and fall. Our team can help you examine all your options and work to help you receive the full compensation to which you are entitled.
In 2013, 54 million people worldwide sustained injuries from traffic collisions. This resulted in 1.4 million deaths in 2013, up from 1.1 million deaths in 1990. About 68,000 of these occurred in children less than five years old. Almost all high-income countries have decreasing death rates, while the majority of low-income countries have increasing death rates due to traffic collisions. Middle-income countries have the highest rate with 20 deaths per 100,000 inhabitants, accounting for 80% of all road fatalities with 52% of all vehicles. While the death rate in Africa is the highest (24.1 per 100,000 inhabitants), the lowest rate is to be found in Europe (10.3 per 100,000 inhabitants).
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Either party can appeal if there was a significant legal error in the trial. To appeal means you take the case to a higher court to review any legal errors you think may have been made by the judge or jury. For example, a plaintiff might appeal if he thinks he lost his suit unfairly or would have gotten more in damages if the judge had not refused to admit something into evidence. A defendant might appeal if, for example, she thinks there is a valid legal basis to argue that the award for damages given to the plaintiff was too large.
Slip and Fall: If you fall, or slip, on someone’s property then you may have a potential case. Property owners have a duty to maintain a safe environment for those who are on their property. If you slip, or fall, and are injured – as a result of inadequate – or unsafe, property conditions – then we may be able to help. We’ll conduct an investigation into the property and put together a personal injury claim that shows the property owner was irresponsible, and failed to maintain safe conditions. Our goal is to get you as much compensation as possible.