Violations of statutory law and vehicle code are often cited to establish negligence in motor vehicle accidents. If, for example, a driver failed to stop at a stop sign causing an accident, that statutory violation could be enough to establish fault in that accident. Establishing fault in a motor vehicle accident can be more complicated in some cases, however. If you have been injured in a motor vehicle accident, it’s important to contact an experienced personal injury lawyer like the attorneys at Ankin Law Office. Our attorneys can help you determine who is at fault for the accident and seek damages where appropriate. Waukegan car accident lawyers at Ankin Law Office deal with these issues on a regular basis, so if you’ve been injured, please give them a call.


You become the plaintiff in the case and the person who injured you becomes the defendant. Lawyers for each side (and for the insurer) typically begin gathering facts through exchange of documents, written questions (interrogatories) or depositions (questions that are asked in person and answered under oath). This process is called discovery. After discovery, many cases get settled before trial. Only a small percentage of personal injury actions ever go to trial.

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).[13] 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.[14]

Most people assume auto accidents are the driver’s responsibility – assuming a drunk, reckless, or distracted driver caused the accident. Maybe they swerved into oncoming traffic or failed to brake at a stop light, rear-ending another vehicle. Our auto accident attorneys can assess driver behavior and investigate whether another individual directly caused or contributed to your crash.
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.
^ Charles, Geoffrey (11 March 1969). "Cars And Drivers Accident prevention instead of blame". The Times. The Times. Quoting from JJ Leeming in Accidents and their prevention: "Blame for accidents seems to me to be at best irrelevant and at worst actively harmful." ... "Much of the Leeming case is that by attributing blame and instituting proceedings against the motorist, the law virtually guarantees that none of the participants will be wholly truthful, so that the factors that really led to the accident are never discovered."
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.

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.

That depends on you. The insurance company will likely offer you a low settlement quickly to try to pressure you to sign away your rights. Keep in mind that if you are coping with a serious injury, there is no way to know immediately what your future costs may be and how your life will be affected. Ideally, you should wait until your doctor decides you have reached maximum medical improvement so you can more accurately assess your situation.


Car Accidents: Automobile accidents injure thousands of people every day. As reported by the National Highway Traffic Safety Administration (NHTSA), for 2013, on average, 6,337 people were injured daily in traffic crashes in the U.S. If you have been hurt in a car accident that was someone else’s fault, our firm can help you pursue the compensation you are entitled to receive.
Every state has what is called a "Statute of Limitations" which puts a time limit on how long after an accident a person has to file a claim. In Georgia, the time frame allotted for filing a slip and fall accident injury claim is two years. If a victim does not file a claim within this time frame, the courts will not hear their case and they are not eligible for compensation. 
They took into account thirty factors which it was thought might affect the death rate. Among these were included the annual consumption of wine, of spirits and of malt beverages—taken individually—the amount spent on road maintenance, the minimum temperature, certain of the legal measures such as the amount spent on police, the number of police per 100,000 inhabitants, the follow-up programme on dangerous drivers, the quality of driver testing, and so on. The thirty factors were finally reduced to six by eliminating those found to have small or negligible effect. The final six were:
Sometimes your case is not over even if a jury gave a verdict in your favor. The defense could appeal the case and ask a higher (appellate) court to reconsider the verdict. If an appeal is not brought, it can still take some time to distribute the monetary award. Before you get paid, your lawyer is required to first pay any companies that have a legal claim to some of the money, known as a lien, out of a special escrow account. After that, your attorney simply writes you a check and the money is yours to keep. Your personal injury lawsuit is now over.
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.

Injuries that result from auto accidents — both known and unknown injuries — tend to worsen over time, so it’s critical that you seek qualified medical help as soon as possible. You should also know that delays in diagnosis and treatment can also result in losing the ability to have your medical care covered by the at-fault party’s auto insurance company. That can be an expensive mistake if you have any injuries.
Our firm was founded on the principle of concierge customer service. We provide the same level of service, for each and every client. We never charge upfront fees, and only get paid if, and when, we win your case. We offer all clients a risk free initial consultation, whether it be at their home, hospital, or place of employment. We can even do it over the phone. We are dedicated to helping you recover.
This defense falls into the category of comparative negligence, which each state uses in some manner. Some states use pure comparative negligence that allows any injured party in an accident injury to receive some amount of financial compensation unless they are totally at fault for the injury, such as an intentional act or they were convicted of drunk driving. Most states use modified comparative negligence law that states plaintiffs are barred from any financial recovery if their comparative negligence percentage is greater than the respondent. The bar level is usually either 50% or 51% to deny a claim. In pure contributory negligence states, any contribution to the causation of the injury will be an effective defensive strategy. In premises liability cases, the focus is on individual reasonable assumption of risk based on the actions of the plaintiff. An example of this defense would be trespassers who are injured and normally lose their claims based on no authority to occupy the property. This means that technicalities can matter greatly, depending on the state of occurrence, and the particulars of the claim are all potential reasons for a case dismissal, or at least a reduced financial liability.
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.
The only way to sue after a settlement negotiation is to back out before accepting the opposition’s offer and instead move to a trial. The risk is greater, but so is the potential reward. The trial value of a personal injury claim is almost always higher than the settlement value, and the plaintiff could secure much more compensation; however, trials take longer and will generate more legal fees for the plaintiff.
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.

Slip and falls are responsible for around 1 million emergency room visits every year. These types of injuries are also the leading cause of workers’ comp claims and the top cause of occupational injuries among those aged 15 to 24. Slip and falls can cause very serious injuries resulting in significant costs, with the estimated price tag for employee slip and fall accidents totaling around $70 million each year.
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.
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.
You’ve had a car accident and might be a little uneasy about the claims process. We’re here to help. At ERIE, we understand that accidents happen and we want to get you get back on the road as quickly as we can. In fact, our customers often tell us that when it comes to service, there is no company quite like ERIE. We try to treat people the same way we’d like to be treated. After all, if we were in your shoes, we’d want quality care, too.
At the Phillips Law Group, we understand that a car accident can be an overwhelming experience. For this reason, we handle every aspect of the claims process, allowing you to focus on recovering from your injuries. As experienced Phoenix auto accident lawyers, we have handled thousands of car accident claims and have negotiated settlements and recovered trial verdicts that have resulted in millions in compensation for victims and their families. We are one of the largest consumer law firms in Arizona and are committed to aggressively defending the rights of our clients. Contact us for a free, no obligation consultation to discuss the terms of your claim. All of our Phoenix personal injury attorneys charge no fees unless we help you recover compensation for your case.

There are demographic differences in crash rates. For example, although young people tend to have good reaction times, disproportionately more young male drivers feature in collisions,[20] with researchers observing that many exhibit behaviors and attitudes to risk that can place them in more hazardous situations than other road users.[18] This is reflected by actuaries when they set insurance rates for different age groups, partly based on their age, sex, and choice of vehicle. Older drivers with slower reactions might be expected to be involved in more collisions, but this has not been the case as they tend to drive less and, apparently, more cautiously.[21] Attempts to impose traffic policies can be complicated by local circumstances and driver behavior. In 1969 Leeming warned that there is a balance to be struck when "improving" the safety of a road:[22]
An RAC survey of British drivers found 78% of drivers thought they were highly skilled at driving, and most thought they were better than other drivers, a result suggesting overconfidence in their abilities. Nearly all drivers who had been in a crash did not believe themselves to be at fault.[17] One survey of drivers reported that they thought the key elements of good driving were:[18]
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.)
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.

If you’re injured on the job, it’s essential to the results of your recovery that you hire a work injury attorney in Texas. We’ll provide you with answers to those pressing questions, and we’ll follow the letter of the law to ensure that you’re represented in a way that gets positive results. A work injury attorney knows that the complex paperwork and legal process can cause many people to see a delay in getting the financial compensation they deserve, and we work to prevent this from happening so that you can get better and get back to your health.

Dangerous property or buildings can be the cause of expensive lawsuits for the people who own them, and landlords may wish to speak with building code lawyers to ensure compliance with local laws. In the case of dilapidated or blighted property, owners can even be sued if the locality steps in to make needed repairs. Those who have been injured on unsafe or dangerous property can also sue for damages via personal injury lawyers.
The manner in which attorneys are compensated for representing injured plaintiffs varies by jurisdiction. For example, in the United States, attorneys often represent clients on a "contingent fee basis" in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved, with no payment necessary if the case is unsuccessful. Depending upon state regulations, a plaintiff's attorney may charge 1/3 of the proceeds recovered if a case is settled out of court or 40 percent if the matter must be litigated. Attorney fees are negotiable before hiring an attorney.
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[74]

My wife and I hired Mr. Salinas to represent our teenage daughter, who was involved in a very serious accident in South …Texas. He carefully gave us a detailed explanation throughout the process and we felt secure throughout our daughter's case. In the end, I can't say enough about how satisfied we were with the end result. I've since referred a co-worker and one of my cousins to his office.more »


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).
After the lawsuit has been filed, the parties have an opportunity to get information from each other about the case. This can be in the form of written questions, sworn testimony in front of a court reporter, and requests for documents and things. For example, a plaintiff who was injured tripping on a step may want to find out if other people had tripped on the same step before the accident. This information would be used to show that the owner knew the step was dangerous and should have foreseen that someone might be injured in a fall (a necessary element to prove negligence on the part of the owner). On the other hand, the owner might want to find out if the plaintiff had been injured before to argue that the injury claimed was not caused by the fall on the steps.
^ Varghese, Cherian; Shankar, Umesh (May 2007). "Passenger Vehicle Occupant Fatalities by Day and Night – A Contrast". Washington, DC: National Highway Traffic Safety Administration. National Center for Statistics and Analysis. The passenger vehicle occupant fatality rate at nighttime is about three times higher than the daytime rate. ...The data shows a higher percentage of passenger vehicle occupants killed in speeding-related crashes at nighttime.

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. If we do not win, you will not be responsible for attorney's fees, court costs, or litigation expenses. If you do win, these expenses and unpaid medical bills will be taken from your share of the recovery.
It is essential that you also meet with the right physicians to get the most out of your claim. Your personal injury attorney, who will be knowledgeable about personal injury laws in your state, can help get you to the right medical experts that can treat you and also serve as good witnesses in your case, should the case go to trial. You want to have medical professionals around you that can not only heal you, but also testify in court, and explain how the injury will impact you in the future.
×