The design of vehicles has also evolved to improve protection after collision, both for vehicle occupants and for those outside of the vehicle. Much of this work was led by automotive industry competition and technological innovation, leading to measures such as Saab's safety cage and reinforced roof pillars of 1946, Ford´s 1956 Lifeguard safety package, and Saab and Volvo's introduction of standard fit seatbelts in 1959. Other initiatives were accelerated as a reaction to consumer pressure, after publications such as Ralph Nader's 1965 book Unsafe at Any Speed accused motor manufacturers of indifference towards safety.
Liability for injuries caused by slip and fall accidents is based in negligence. The general idea behind this theory is that all landowners owe others a duty to use reasonable care to prevent injuries on their property. However, what type of duty a landowner owes to a particular person depends upon the person’s status on the property. The state of Florida recognizes three broad classes of visitors when determining the duty that a landowner owes to them:
It is important to get names, address, and phone numbers of everyone involved in the accident. A description of the car and license plate number can also be helpful, but make sure you also get their insurance company and the vehicle identification number of their car. Don't just assume the license plate number will do because most insurance companies only record the type of car and the vehicle identification number, not the license plate number. There is a complete list of how to collect this information for you in the 5 sections below.
The British road engineer J. J. Leeming, compared the statistics for fatality rates in Great Britain, for transport-related incidents both before and after the introduction of the motor vehicle, for journeys, including those once by water that now are undertaken by motor vehicle: For the period 1863–1870 there were: 470 fatalities per million of population (76 on railways, 143 on roads, 251 on water); for the period 1891–1900 the corresponding figures were: 348 (63, 107, 178); for the period 1931–1938: 403 (22, 311, 70) and for the year 1963: 325 (10, 278, 37). Leeming concluded that the data showed that "travel accidents may even have been more frequent a century ago than they are now, at least for men".
In slip and fall cases, the property owner (or his or her insurance carrier) may argue that the plaintiff is partially (or totally) responsible for the accident that led to the injuries. This kind of argument is made under a legal concept known as "comparative fault," and states have codified the concept in "comparative negligence" and "contributory negligence" laws. The rules in place in a given state will affect a plaintiff's ability to recover compensation if they're found to share some blame for the accident.
Having the right personal injury attorney on your side can mean the difference between winning and losing your case, so choose yours carefully. Ask the attorney about his or her level of expertise and track record handling your type of case, their policy regarding communicating with clients, and any other questions you might have. At the initial meeting, the attorney will ask you many questions in order to get a full understanding of your case. Be wary of any attorney who, during the initial meeting, makes promises about how much money you can expect to receive. Good lawyers need more time to truly evaluate the value of your case, and they sometimes need to get experts involved too.
Employer Liability in Car Accident Cases - If a car accident occurs while an individual is driving a vehicle in order to perform his or her work duties or to do something for his or her employer, there may be employer liability. Whether or not an employer will be liable depends on whether there is some legal reason for assigning responsibility to the employer.
Females in this age group exhibit somewhat lower collision and fatality rates than males but still register well above the median for drivers of all ages. Also within this group, the highest collision incidence rate occurs within the first year of licensed driving. For this reason, many US states have enacted a zero-tolerance policy wherein receiving a moving violation within the first six months to one year of obtaining a license results in automatic license suspension. No US state allows fourteen year-olds to obtain drivers’ licenses any longer.
At Florida Injury Law Firm, our clients mean everything to us. Our mission is to help injured clients by placing them in the best position to secure the highest compensation for their personal injury claims. Because of our focus on the needs of others, our extensive experience, and our record of success, our clients have many good things to say about our services.
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.
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.
Our personal injury law firm will also help you address the non-economic losses associated with your accident. What does this mean? If you or a loved one suffered a serious injury, you may be dealing with emotional stress, psychological stress, pain, suffering, and loss of enjoyment of life. Although these damages are not financial, you may deserve monetary compensation for them as well.
Similarly, if you are walking in a place where you should not have been walking, even if you were not a trespasser, you may be considered comparatively negligent, and you may not be able to recover. For example, if you are running in a landscaped area in front of your dentist's office instead of a concrete path to kill time before your appointment and trip on a landscaping paver or a root, you may not be able to recover damages for your broken knee.
Many of these hazards are problems that you should be warned about when visiting a public place or private home. If a property owner fails to correct hazards, doesn’t maintain a property properly, or fails to warn you of dangers on the property, the owner or renter who was responsible could become liable for any injuries you sustain because of those hazards.
An auto accident attorney in San Antonio understands the complexities that come with providing accurate legal representation during this time. Our team is thorough and we take the time to investigate every aspect of your particular case. We know that when you call an auto accident attorney, you’re going through physical and emotional injuries, and we want to take some of that stress off so that you can focus on getting better. We’ll handle the legal aspects of your case, so you have the best opportunity for a full recovery physically and financially.
Income. You may be entitled to compensation for the accident's impact on your salary and wages -- not just income you've already lost but also the money you would have been able to make in the future, were it not for the accident. In personal injury legalese, a damage award based on future income is characterized as compensation for an accident victim's "loss of earning capacity."
The insurance company will enter a settlement agreement only if it’s the company’s best interests to do so. However, on the whole, the insurance company knows that settling a claim is in its best interests. Litigation is expensive, and the insurance company knows it is more efficient and less expensive to pay fair compensation to you for your loss rather than pay attorney fees to lawyers to fight against you, especially when the outcome of a trial would be unpredictable.
Social Security Disability (SSD): Although many American workers pay into Social Security for most of their lives, Social Security Disability benefits can be difficult to obtain when you need them. Most claims are denied by the Social Security Administration in the initial application phase. Our firm can make a difference in the outcome of your disability claim.
Please note that we cannot guarantee the results or outcome of your particular procedure. For instance, the government may reject a trademark application for legal reasons beyond the scope of LegalZoom's service. In some cases, a government backlog can lead to long delays before your process is complete. Similarly, LegalZoom does not guarantee the results or outcomes of the services rendered by our legal plan attorneys or attorney-assisted products. Problems like these are beyond our control and are not covered by this guarantee.
After you report the accident and make a claim, a SedgwickCMS claims administrator will contact you and request all the relevant information. The administrator will ask for any notes or diagrams you have made, photographs of the accident scene and/or your vehicle, cost estimates to repair the damage to your car, and in the case of injuries, any invoices or bills for medical services. If there was a police report, provide it, or the police report number, to the administrator.
Once a civil lawsuit has been filed, serious settlement discussions will almost never begin until the defense attorney has done all of the pretrial investigation (“discovery”) that he/she wants to do. This includes discovery tools like interrogatories and depositions. Insurance companies will rarely if ever want to engage in serious settlement negotiations until they have all of the facts that they need to make a decision.
At Ankin Law Office, our experienced Chicago personal injury lawyers understand the complexities involved with personal injury cases, as well as the importance of presenting adequate supporting evidence. We will work with you to compile the necessary documentation and we will consult with medical experts, as necessary, so that we can effectively pursue your personal injury claim. Our Chicago personal injury lawyers are dedicated to getting clients the most favorable recovery possible, whether filing a personal injury lawsuit, submitting a claim for worker’s compensation or requesting social security disability.
If you’ve been the victim of a car accident, you’ve got enough to worry about without worrying about your medical treatment, too. That’s why Accident Care and Treatment Center, Inc. provides you with access to the best auto accident injury doctors in Oklahoma City, OK. Since we opened our doors in 1995, we’ve focused exclusively on evaluating, diagnosing, and treating auto accident injuries, so you can rest assured that you’re getting the best care possible.
Defective products are products that cause injury due to an error in labeling, a defect in design, or an issue with the manufacturing process. This legal label covers any number of product-related injuries, including injuries from kitchen appliances, misleading health claims on food labels, and car defect injury claims (as in the case of Firestone tires). Those injured by usage of a consumer product should file a defective product injury lawsuit with local personal injury lawyers or check to see if a defective products class action lawsuit is already in place.
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.
The definition of a road-traffic fatality varies from country to country. In the United States, the definition used in the Fatality Analysis Reporting System (FARS) run by the National Highway Traffic Safety Administration (NHTSA) is a person who dies within 30 days of a crash on a US public road involving a vehicle with an engine, the death being the result of the crash. In the U.S., therefore, if a driver has a non-fatal heart attack that leads to a road-traffic crash that causes death, that is a road-traffic fatality. However, if the heart attack causes death prior to the crash, then that is not a road-traffic fatality.
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.
In California, attorneys typically receive contingency fees of 35% of the total recovery obtained before a lawsuit is filed, and 45% if the recovery occurs after filing the complaint. In some types of cases, the judge handling the case may determine the total percentage of the settlement or the payment to the attorneys. Treating doctors or health care profession and/or insurance companies, Med-Cal, or other program paying for medical treatment may assert a lien against any recovery for what was paid to treat the plaintiff. These liens are paid once a settlement is reached or a judgment is received.
Fraudulent automobile accidents occur more frequently in urban areas where there is a greater volume of vehicles, and also in wealthier communities because drivers there are perceived to have better insurance companies. Criminals often target new, rental, or commercial vehicles because they tend to be well-insured. Further, criminals prey upon women driving alone and senior citizens, as they are thought to be less confrontational at accident schemes.
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.)
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.
Some crashes are intended; staged crashes, for example, involve at least one party who hopes to crash a vehicle in order to submit lucrative claims to an insurance company. In the USA, in the 1990s, criminals recruited Latin immigrants to deliberately crash cars, usually by cutting in front of another car and slamming on the brakes. It was an illegal and risky job, and they were typically paid only $100. Jose Luis Lopez Perez, a staged crash driver, died after one such maneuver, leading to an investigation that uncovered the increasing frequency of this type of crash.
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?
When on a cruise or other ship, the passenger should receive all manner of care as per the duty of care owed by the owner of the ship, and when this duty of care is in breach, the maritime laws generally require certain rules for a possible claim against the owner. Within these situations, the victim will need a lawyer to initiate a claim and follow these maritime laws.
In insurance, "personal injury," as typically defined, does not include mental injury that occurs as a result of defamation, false arrest or imprisonment, or malicious prosecution. For example, the Insurance Services Office standard general liability form has a section providing this coverage. Some home insurance policies include personal injury coverage.
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.
See Automobiles – Rental Vehicles for information about how you are insured when driving rental vehicles to conduct University business. If you are using a rental vehicle to conduct University business and you are in an accident you must still report the accident to the University as described above. However, your insurance coverage comes from the rental car company so you need to report the accident to the rental car company as well and advise them if someone has been injured in the accident, if there has been third party property damage, or if the rental vehicle has been damaged.
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.
Informal Settlement - In reality, most disputes over fault for an accident or injury are resolved through informal early settlement, usually among those personally involved in the dispute, their insurers, and attorneys representing both sides. A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money.
A personal injury settlement occurs when your attorney and opposing counsel come to agreement on the damages you’ll get to cover medical bills, lost wages, and other expenses. Your actual settlement amount will vary depending on a host of circumstances, including your level of injury, the type of accident, your employment situation, and what sort of bills you’ve incurred as a result of someone else’s negligence. Your attorney will fight for you at no upfront cost with no hourly fees, but will take a reasonable fee from your final recovery.
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). 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.
At the Chris Mayo Law Firm, our dedicated auto accident lawyers understand that a wreck can leave you shaken and experiencing extreme stress in the aftermath. If you have been hurt in an auto accident, you might be facing physical pain, high medical bills, and lost work wages. You may be struggling against unreasonable, unfair accusations from another driver’s insurance company.
If you're not satisfied, simply call us toll-free at (800) 773-0888 during our normal business hours. All requests made under this guarantee must be made within 60 days of purchase. We will process your request within 5 business days after we've received all of the documents and materials sent to you. Unfortunately, we can't refund or credit any money paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order. We also cannot refund any money paid by you directly to third parties, such as payments made by you directly to attorneys affiliated with our legal plans or attorney-assisted products.