In almost every slip or trip and fall case, you must decide whether your carelessness contributed to the accident. The rules of "comparative negligence" help measure your own reasonableness in going where you did, in the way you did, just before the accident happened. There are some questions you should ask yourself about your own conduct -- an insurance adjuster will almost certainly ask them after you file your claim.
The third situation is the most common, but is also less clear-cut than the first two because of those pesky words "should have known." Liability in these cases is often decided by common sense. Judges and juries determine whether the owner or occupier of property was careful by deciding if the steps the owner or occupier took to keep the property safe were reasonable.
Most cases settle before trial. At  any  point in the process described above, the parties can settle and end the case. In fact, the plaintiff can send the  first settlement offer  before the complaint is ever filed. What is more typical, particularly if the initial evidence establishing liability and/or damages is inconclusive, is that a settlement is reached after the discovery process has gone on for a while.

Criminal prosecution: More severe driving misconduct, including impaired driving, may result in criminal charges against the driver. In the event of a fatality, a charge of vehicular homicide is occasionally prosecuted, especially in cases involving alcohol.[96] Convictions for alcohol offenses may result in the revocation or long term suspension of the driver's license, and sometimes jail time, mandatory drug or alcohol rehabilitation, or both.[97]
Premises liability is a complex area of Colorado personal injury law that applies to injuries caused by a business property owner, homeowner or landowner’s disregard for safety. In some instances, property owners are responsible for injuries, and in others they are not. Your right to file a premises liability claim in Colorado depends partly on whether you were an invited guest to the property, a customer at a retail business or a trespasser on the property. If you have an injury that you believe was caused by a property owner, you should speak with a knowledgeable Colorado premises liability attorney or our Denver slip and fall lawyer today.
With so many moving parts, personal injury cases and other torts can get complicated. It’s important to hire a knowledgeable and experienced personal injury attorney to advocate for your rights. If you or a loved one has been injured in a personal injury accident, you may be entitled to compensation through a personal injury lawsuit. Contact Ankin Law Office at (312) 346-8780 or (312) 600-0000 to schedule a free, no obligation consultation with one of our Chicago personal injury lawyers.
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.

When a foreign substance which can become a hazard is one that is naturally occurring, such as ice, snow, wet leaves, etc., and when the accumulation is not the fault of the landowner, the owner is under no duty to discover and then remove the hazard unless there is evidence that this had become an obvious hazard. This does not mean that a land owner or occupier has no duty to inspect its premises – it still has the duty to inspect. If a reasonable inspection had uncovered a hazard caused by the natural accumulation of ice, for instance, then the owner will still have liability for its failure to inspect. Such an inspection must be a thorough one and an owner cannot get by with a perfunctory review of its premises. There is no bright line test as to what constitutes a reasonable inspection – it will depend on many factors that are examined on a case by case basis.

With so many moving parts, personal injury cases and other torts can get complicated. It’s important to hire a knowledgeable and experienced personal injury attorney to advocate for your rights. If you or a loved one has been injured in a personal injury accident, you may be entitled to compensation through a personal injury lawsuit. Contact Ankin Law Office at (312) 346-8780 or (312) 600-0000 to schedule a free, no obligation consultation with one of our Chicago personal injury lawyers.
Many people who are involved in an automobile accident delay seeking medical care or treatment because they don’t have medical insurance. When you come to Accident Care and Treatment Center, Inc., you never have to worry about that. We don’t require you to have medical insurance, which means you can get the care you need even if you don’t have current coverage. This is possible, in part, because we deal with the liable party’s automobile insurance company to make sure that you get the care you need.
Some crash types tend to have more serious consequences. Rollovers have become more common in recent years, perhaps due to increased popularity of taller SUVs, people carriers, and minivans, which have a higher center of gravity than standard passenger cars. Rollovers can be fatal, especially if the occupants are ejected because they were not wearing seat belts (83% of ejections during rollovers were fatal when the driver did not wear a seat belt, compared to 25% when they did).[52] After a new design of Mercedes Benz notoriously failed a 'moose test' (sudden swerving to avoid an obstacle), some manufacturers enhanced suspension using stability control linked to an anti-lock braking system to reduce the likelihood of rollover. After retrofitting these systems to its models in 1999–2000, Mercedes saw its models involved in fewer crashes.[57]
Many personal injury claims are the result of an injury that did not appear as serious when it first occurred, but later manifested to a serious situation that required ongoing medical treatment and created a pain-and-suffering compensation situation. All states have a statute of limitations law that is assessed for each particular personal injury lawsuit. This can be an effective defense in cases that are filed at the end of the limitations time period, even when the injury was recognized at a significantly earlier time. Why the plaintiff waited until the end of the limitations time period can be an issue as well because it could indicate that the injury is not as serious as claimed. This could result in a dismissal based on being a frivolous claim.
Premises Liability: Property owners are responsible for maintaining the property in a reasonably safe condition, or at least giving adequate warning of any danger. When poor maintenance, construction defects, or inadequate security result in accidents or assault, our Colorado premises liability attorneys will investigate the incident and aggressively pursue compensation for your injuries.
^ Smith, Turner T. (November 1983). "Environmental Damage Liability Insurance—A Primer". The Business Lawyer. 9 (1): 333–3Personal injury cases represent greatest amount54. JSTOR 40686553. ("Personal injury is defined to include 'bodily injury, mental anguish, shock, sickness, disease or disability.' Property damage means 'physical injury to or physical destruction of tangible property....'")
See Automobiles – Personal Vehicles for information about how you are insured when driving personal vehicles to conduct University business. If you are using your personal vehicle to conduct University business and you are in an accident you must still report the accident to the University as described above. However, since your coverage comes from your personal automobile insurance policy, you must also contact your own automobile insurance company and advise them if someone has been injured or there has been third party property damage.
We serve the following localities: Alpharetta, Cabbagetown, Castleberry Hill, College Park, Columbus, Conyers, Decatur, Downtown Atlanta, East Atlanta, East Lake, East Point, Edgewood, Gainesville, Grant Park, Homepark, Inman Park, Kirkwood, Lawrenceville, Lilbur, Lithonia, Macon, Norcross, Old Fourth Ward, Ormewood Park, Reynoldstown, Riverdale, Rome, Roswell, Sandy Springs, Stone Mountain, Tucker, and Valdosta.
When dealing with an insurance company, you may feel like you can file a claim and negotiate a settlement on your own. And that may be true if you only suffered minor property damage, such as a small ding to your car. However, if you are coping with any injuries, it is worth scheduling a free consultation with an experienced personal injury attorney.  
The insurance company is making a settlement offer based on what they expect the court to rule, and by taking the case to trial, you might get a larger ruling.   However, if you do not have enough evidence, or your case is not strong enough, your case may fail to even meet the burden of proof and the defendant may not have to pay you anything at all. In other cases, the financial compensation that the jury will award will be less than the amount you would have received had you simply taken the settlement.
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]
A number of factors contribute to the risk of collision, including vehicle design, speed of operation, road design, road environment, and driver skill, impairment due to alcohol or drugs, and behavior, notably speeding and street racing. Worldwide, motor vehicle collisions lead to death and disability as well as financial costs to both society and the individuals involved.

Research has shown that, across all collision types, it is less likely that seat belts were worn in collisions involving death or serious injury, rather than light injury; wearing a seat belt reduces the risk of death by about 45 percent.[52] Seat belt use is controversial, with notable critics such as Professor John Adams suggesting that their use may lead to a net increase in road casualties due to a phenomenon known as risk compensation.[53] However, actual observation of driver behaviors before and after seat belt laws does not support the risk compensation hypothesis. Several important driving behaviors were observed on the road before and after the belt use law was enforced in Newfoundland, and in Nova Scotia during the same period without a law. Belt use increased from 16 percent to 77 percent in Newfoundland and remained virtually unchanged in Nova Scotia. Four driver behaviors (speed, stopping at intersections when the control light was amber, turning left in front of oncoming traffic, and gaps in following distance) were measured at various sites before and after the law. Changes in these behaviors in Newfoundland were similar to those in Nova Scotia, except that drivers in Newfoundland drove slower on expressways after the law, contrary to the risk compensation theory.[54]
Unless your injuries were very minor (i.e. very minor soft tissue injury from a 5 MPH fender bender), you should consult with an attorney very soon after your accident. A good personal injury attorney can help you gather key evidence and provide valuable advice on how to document your injuries and damages. Under no circumstances should you talk to an attorney representing the other person in the accident, the other person’s insurance company representative, or sign any documents, before consulting with your own attorney first.
At Leontire & Associates, P.C., our trial skills were honed in the courtroom litigating a string of high-profile, complex and sophisticated cases. We apply those skills for the benefit of clients across the range of civil litigation, including some of the most complex and complicated matters. Call our office for help in any of the following civil matters in the Boston area:
Adjudication Administration of justice Criminal justice Court-martial Dispute resolution Fiqh Lawsuit/Litigation Legal opinion Legal remedy Judge Justice of the peace Magistrate Judgment Judicial review Jurisdiction Jury Justice Practice of law Attorney Barrister Counsel Lawyer Legal representation Prosecutor Solicitor Question of fact Question of law Trial Trial advocacy Trier of fact Verdict
Premises Liability: Property owners are responsible for maintaining the property in a reasonably safe condition, or at least giving adequate warning of any danger. When poor maintenance, construction defects, or inadequate security result in accidents or assault, our Colorado premises liability attorneys will investigate the incident and aggressively pursue compensation for your injuries.
The most important rule about settlements is that, once the plaintiff tells the defense that he or she has accepted the settlement offer, the case is over. In almost every state, this is final. A change of heart about the settlement offer, even five minutes after it’s been accepted, will go nowhere. Just like any other contract, there is almost zero chance of getting the court to reverse a settlement agreement. For this reason, it’s important that the plaintiff carefully consider the terms of a settlement offer – amount of money, payment terms, release of liability, confidentiality terms – before accepting.
With so many moving parts, personal injury cases and other torts can get complicated. It’s important to hire a knowledgeable and experienced personal injury attorney to advocate for your rights. If you or a loved one has been injured in a personal injury accident, you may be entitled to compensation through a personal injury lawsuit. Contact Ankin Law Office at (312) 346-8780 or (312) 600-0000 to schedule a free, no obligation consultation with one of our Chicago personal injury lawyers.
Usually once the Pre-lawsuit demand is sent out we allow the insurance company 30 days to settle the case. If we cannot settle the case in those 30 days we generally recommend filing an injury lawsuit. Sometimes there are legitimate reasons to extend the demand deadline, any requests by the insurance company to extend that deadline will be discussed with the client and then a decision will be made based on the unique factors of each case.
After a car crash or traffic collision, you are vulnerable for several reasons. Dealing with insurance companies can be tricky, stressful, and even risky. They are businesses, first and foremost, so your well-being is not a priority. Insurance companies have been known to illegally deny, delay, or reduce claims, and a lawyer can protect you and help you with the complicated filing procedure.
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.
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