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.
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. 

Discovery Phase. During this phase, each party gathers testimony, evidence, documents and information from each other and from third parties regarding the case. Written discovery includes questions, also known as interrogatories, and requests for documents. Oral discovery, known as depositions, also takes place. During a deposition, witnesses, experts, and each party are questioned by a lawyer. Your involvement is crucial, so be sure that your attorney has your latest contact information.


The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements.
As the discovery period ends, the lawyers will generally start talking about settlement. Sometimes the lawyers can settle a case just by talking among themselves, but, in other cases, they will go to mediation. Mediation is a process in which both clients and both lawyers go in front of a mediator to try to settle the case. (Learn more about Mediation of Personal Injury Claims.)
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:
Loss of consortium. In personal injury cases, "loss of consortium" damages typically relate to the impact the injuries have on the plaintiff's relationship with their spouse -- the loss of companionship or the inability to maintain a sexual relationship, for example. Some states also consider the separate impact on the relationship between a parent and their child when one is injured. In some cases, loss of consortium damages are awarded directly to the affected family member rather than to the injured plaintiff.
Auto accidents happen and often result in injury, pain, lost productivity, and can even cause future pain and problems. In fact, whether you know you are injured or think you’re fine, it’s important to seek qualified, medical care after every automotive accident. Delaying your evaluation and treatment could leave your injury — whether it is known or hidden — to worsen and could result in you losing coverage for your injury by the at-fault party’s auto insurance policy.
When you work with our firm after a serious accident, our Colorado personal injury lawyers will thoroughly investigate your accident and carefully document the facts in your case and the full extent of your injuries. We will help you get the medical care you need and actively pursue the compensation you deserve. Our experienced injury attorneys are aggressive advocates when dealing with insurance companies on your behalf.

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.)
If your slip and fall happened at work or because of the negligence of a property owner, you have certain legal rights. An experienced New York personal injury lawyer at The Perecman Firm, P.L.L.C. can help you pursue a claim and understand your options. We encourage you to reach out to our office to find out more about the options available to you.
Generally, property owners and occupants owe a duty to use reasonable care to maintain any property under their control. This duty is usually owed to those on the property lawfully, such as a business' customers or social guests who have been invited. To meet the standard of care, the property owner or occupant will have to regularly check for spilled substances or uneven surfaces. In many states, this duty does not extend to trespassers.

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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.
Although some jurisdictions have historically helped people obtain affordable legal representation, those systems have typically been narrowed and may exclude personal injury cases. For example, in England legal aid from the government was largely abolished in the late 1990s and replaced with arrangements whereby the client would be charged no fee if her or his case was unsuccessful.[8]
DISCLAIMER: This website contains information about Leontire & Associates, P.C. that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.
See Automobiles – UC Vehicles for information about how you are insured when driving UC vehicles to conduct University business. As long as you are properly using a University vehicle at the time of an accident, the UC Auto Insurance Program will pay all costs except the deductible. Your department will be charged directly for the deductible. The University, through the Risk Management office and the Claims Administrator, SedgwickCMS, will deal with the other parties to the accident.

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.
(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.
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.
After the accident: failure to mitigate damages. The law in most states expects plaintiffs in personal injury cases to take reasonable steps to minimize or "mitigate" the financial impact of the harm caused by the accident. If an injured plaintiff just sits back and rests on their proverbial laurels when it isn't reasonable to do so (by failing to get necessary medical treatment after an accident, and making their injuries much worse, for example) a damages award might be significantly reduced. (For more information on defense strategies that can counter an injury claim, read Nolo's article Defenses in Personal Injury Cases.)
When the lawsuit is finished, when an appeal is completed or a verdict entered that isn’t appealed, the plaintiff still has to collect the damages that have been awarded from the defendant. Some defendants are unable to pay damages, and plaintiffs usually name more than one defendant if possible to make sure they are able to collect enough to cover their damages and litigation costs. For example, a teenager driving a pizza delivery car probably won’t have enough personal assets to cover damages from a serious car accident. In that case, the plaintiff may collect from the employer or the employer’s insurance company.
^ 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
Additionally, there may be other experts involved int the case. In car accident cases there may be a defense doctor that the defendant will use to say the injured victim did not suffer the injuries they are claiming. There also could be accident reconstruction experts, bio-mechanical experts, engineering experts, or in medical cases there will undoubtedly be several medical doctor experts.
Some organizations have begun to avoid the term "accident", instead preferring terms such as "collision", "crash" or "incident".[7][8] This is because the term "accident" implies that there is no-one to blame, whereas most traffic collisions are the result of driving under the influence, excessive speed, distractions such as mobile phones or other risky behavior.[9][10]
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.
One thing you should keep in mind when considering a personal injury lawsuit is whether you will actually be able to recover the damages awarded to you by a court. If you file a personal injury lawsuit after a dog attack against a dog owner who has no job or other assets (such as a home or car), you may not ultimately recover any money from the dog owner.

Then there are those reserved for survivors of people who died because of the negligence of another. Plaintiffs can seek compensation for funeral costs. They can also seek compensation to account for the sudden and enduring loss of household income that comes with the death. Compensation is also available for pain and suffering, as well as the loss of companionship. These damages can help the family obtain some degree of peace of mind after a sudden loss.
If you were injured or a loved one died in personal injury accident, the Chicago personal injury attorneys at Ankin Law Office, LLC can help you get money damages. Because we focus on representing accident and injury victims, we will provide you with efficient and effective legal counsel that is catered to your unique situation and personal needs. We will guide you every step of the way – from investigation of the accident and filing the complaint to negotiating with insurance companies and advocating on your behalf in a court of law.
Since Colorado applies comparative fault to premises liability cases, a Denver jury will need to determine to what degree you were responsible for your own injury. The opposing side will try to show that you were to blame for your own injury. Part of our task as your slip-and-fall attorneys is to prepare for how the opposing side may attempt to shift the blame for the accident. We work to collect evidence to rebut that argument.
(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 case goes to trial, your attorney presents his or her side to the judge or jury, then the party who injured you (defendant) puts on their defense. After each side presents their arguments, the judge or jury determines: (1) if the defendant is liable (legally responsible) for your injuries and harm, and (2) if so, the amount of damages the defendant must pay you.
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.
A personal injury is different than property damage. If you were involved in a minor fender bender that caused only minimal damage to your vehicle and you suffered no injuries to your body or psyche, you have not suffered a personal injury. In this scenario, an insurance company or a small claims court may provide you with a remedy. However, you do not have a legally recognized basis for a personal injury lawsuit.
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.
Like we said, most of the time, personal injury cases will settle outside of court. The best thing you can do if you’ve been injured because of the negligent actions of another, is to contact a personal injury attorney. A lawyer will be able to help you navigate the process, and advise you on whether or not an offer is fair. At Schultz & Myers, our attorneys exclusively practice personal injury law, so we are experienced in looking into every possible avenue to ensure that you get the compensation you deserve.
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.
Our firm offers a risk free evaluation, in person – or over the phone. We can even come to you – at your home, place of business, or the hospital, in order to help explain how we can help and to give you the legal help you deserve. Our only goal is to help you. We never charge an upfront fee, and we work on a contingency fee basis. If we don’t win, we don’t get paid. Contact us today.
Some cases may offer several opportunities for legal action. For example, if a case involves multiple defendants and the plaintiff settles with one of them, this typically does not prevent the plaintiff from pursuing legal action against the other defendants. Your Los Angeles personal injury lawyer can help you determine what your best options are.
I recently spoke to a friend, who is a personal trainer, about diet and exercise. Her advice, while well-intentioned, was wildly off-base from a scientific standpoint. This got me to wondering, what if I had taken her advice to heart and suffered a loss? Would the consequences of choices I made about diet and exercise be mine alone or would she have some liability for her inaccurate assertions?
^ 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
Your insurance agent or the person who you speak to at your insurance company claims phone number,  will be able to walk you through how to file your claim after an accident. If your insurance company has an app, you may also have the option to start the claims process there or visit your insurance company website to see if you can fill in the information or follow up on your claim online.

Your insurance company won’t provide you with a lawyer or give legal advice regarding your personal injury but they may cover parts of the medical bill if you have been injured. The two of you have very different goals. An insurance company's goal in an accident is to pay out as little as possible if you’re involved in a personal injury, and your goal is to get as much of your injury and damage costs covered. If you have a case which is specific to insurance, consider hiring an insurance lawyer instead.
Your insurance agent or the person who you speak to at your insurance company claims phone number,  will be able to walk you through how to file your claim after an accident. If your insurance company has an app, you may also have the option to start the claims process there or visit your insurance company website to see if you can fill in the information or follow up on your claim online.
If you have suffered an injury or illness due to careless, unprofessional, or incompetent treatment at the hands of a doctor, nurse, hospital, clinic, laboratory, or other medical provider, both the medical questions and the legal rules involved are complex. They almost certainly require that you hire a lawyer experienced in medical malpractice cases. See Nolo's section on Medical Malpractice for more detail on these complicated cases.
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