Aside from compensation for injuries, the injured person may get compensated for the lifetime effect of the injuries. An example, a keen cricketer suffers a wrist injury which prevents him from playing cricket during the cricket season. This is called loss of enjoyment of life and is compensable. Additionally, lost earning capacity (Future ability to learn) and future reasonably necessary medical expenses are recoverable.
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.
In the United States, each state has different statutes of limitation, and within a state different types of injuries may have different statutes of limitation. Rape claims, for example, often have a much longer statute of limitation than other injuries. In some states such as Colorado, the statute of limitations starts to run once the injury is discovered. For example, if you were in a car accident and then 6 months later started having severe back problems, the statute would start when you noticed the 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.
Emotional Distress This type of compensation is related to an injured person’s mental and emotional state following an accident. After all, severe injury isn’t exclusive to a person’s exterior. Depending on the nature of the accident, a personal injury victim could suffer anything from anxiety and depression to severe mental trauma, such as post-traumatic stress disorder. Acquiring damages from emotional distress typically requires you to have comprehensive and accurate records from your therapist, psychologist, or psychiatrist, as well as a diagnosis of a specific psychiatric condition.
Medical treatment for car accident injuries can become expensive and may require long-lasting treatment and surgeries. Filing a claim detailing the damages you or your loved one has suffered could provide some financial relief needed to recover. Our Phoenix auto collision lawyers will be able to provide you with an assessment of the compensation you deserve.
In states that follow contributory fault rules, the plaintiff will be barred from collecting any damages at all if they're found to bear any degree of responsibility for the accident. In comparative negligence states, an injured claimant's damages award will be reduced by a percentage that's equal to his or her share of liability -- so, a claimant who bears 25% of the blame in a slip and fall case would only collect $7,500 of a $10,000 damages award, for example. You can find your state’s rules on the issue in this chart.
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.
When initiating a tort action, identifying the proper defendants can be difficult. This is because the "tortfeasor" who directly harmed the plaintiff - be it a delivery driver, nurse, grocery store clerk, or other individual - may not have the financial resources to pay a large judgment. An experienced injury attorney can identify and sue additional parties who are liable based on their relationship to the tortfeasor, such as a landlord or employer.
The further along in the process you go, the more likely it is that you’ll pay your lawyer more. This is because each stage in the process requires more work on the part of your lawyer. Do your part to read related articles, talk to your attorney, and learn about the different pricing options that exist. Remember that a local personal injury attorney may have a different price than what you see online.
A 1985 study by K. Rumar, using British and American crash reports as data, suggested 57% of crashes were due solely to driver factors, 27% to combined roadway and driver factors, 6% to combined vehicle and driver factors, 3% solely to roadway factors, 3% to combined roadway, driver, and vehicle factors, 2% solely to vehicle factors, and 1% to combined roadway and vehicle factors. Reducing the severity of injury in crashes is more important than reducing incidence and ranking incidence by broad categories of causes is misleading regarding severe injury reduction. Vehicle and road modifications are generally more effective than behavioral change efforts with the exception of certain laws such as required use of seat belts, motorcycle helmets and graduated licensing of teenagers.
It is natural for a person to try to catch themselves when falling, that type of quick response can stop the fall all together, or make the injuries worse. When using your feet, knees or hands to prevent the fall, you could tear a ligament or tendon. These injuries can be treated with surgery and physical therapy, these type of injuries cause those injured to suffer life-long consequences that more often than not never completely heal.
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.
In the United States, personal injury in the sense of "bodily injury" to others is often covered by liability insurance. Most businesses carry commercial general liability policies. Different states have different rules regarding auto insurance, but generally, a driver's liability insurance is available to compensate others whom that driver may inadvertently injure, and uninsured or underinsured motorist coverage is available to compensate the driver for injuries inflicted upon the driver by someone else. Therefore, an insurance company will provide a legal defense to the defendant and may settle with the plaintiff (victim).
No one is ever prepared for the emotional and financial toll an unexpected motor vehicle accident can cause. And, if you are also injured in a motor vehicle or motorcycle accident, you can easily become overwhelmed when dealing with insurance, medical injuries, pain, work, repairs, and recovery, as most people have a limited understanding of the laws and procedures after an accident happens. Therefore, it is imperative to consult with an experienced New Jersey auto accident attorney.
After you have received the necessary medical treatment, it is best to start looking into your legal options. Litigation is a recourse for people who were injured through no fault of their own. If you didn’t cause your accident, you shouldn’t have to foot the bill for your medical expenses, time off work, and otherwise. Evidence can become more difficult to track down with each passing minute, so start this process as soon as you can.
In smaller injury cases, especially when the lawyers know each other, one lawyer will just pick up the phone and talk settlement. The plaintiff’s lawyer may or may not write an actual demand letter. Then, the defense attorney may or may not respond with a counteroffer. If the defense thinks that the demand was too high, he/she may simply ignore the demand or may say that the demand is too high and that the insurer will not make a counteroffer. If the defense does make a counteroffer, then the bargaining begins. Sometimes the lawyers can settle it, sometimes not. If they can’t settle, they will likely go to mediation.
If you’re looking for help with your claim and the repairs, you could work with your favorite mechanic or one that ERIE recommends. Ask your ERIE claims adjuster about the qualified businesses that are a part of ERIE’s Direct Repair program. The network of businesses in the program will estimate the damages, share their estimate with us and then make the repairs.
Lack of negligence: The defendant may argue that they were not negligent in creating the condition that caused a person to trip or slip, or were not negligent in correcting the condition before injury occurred. For example, the owner of a grocery store may claim that the banana that a patron slipped upon had been dropped on the floor only moments ago by another patron, and that, in the exercise of due diligence, a typical store owner acting with reasonable care would not have had time to discover the danger and take steps to mitigate the danger.
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.
Some organizations have begun to avoid the term "accident", instead preferring terms such as "collision", "crash" or "incident". 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.
I believe in a holistic approach to personal injury cases. That doesn't mean I'll anoint you with peppermint oil as you walk through the doors of my office, but it does mean that I take a very personal interest in your welfare. My firm is known as the "personal" personal injury law firm because we take the time to get to know you, your background, hopes and dreams.
Another common tort involves injuries caused by defective products. Liability in these cases can be imposed based on a theory that the manufacturer acted negligently by designing and selling an unsafe product. Or, if certain elements are met, plaintiffs hurt by a defective product may be able to sue under a strict liability theory. Either way, product liability cases have the potential to become large class action lawsuits, involving many plaintiffs and enormous money judgments.
It can be difficult to tell what caused an auto accident. Far too many individuals automatically assume that the crash was their fault simply because they do not have the full range of facts necessary to understand the accident. People often contact an attorney if they can tell that another driver involved in the crash was drunk or was driving recklessly. However, many other factors that you cannot easily see could have contributed to the incident.
All of our medical professionals are dedicated with providing you with the absolute best care possible. If you’ve been involved in a car accident, it’s likely that you’re already stressed out by all of the different things you need to get done. We are happy to provide you with a variety of patient resources that can make a difficult situation a little bit easier.
In the UK, research has shown that investment in a safe road infrastructure program could yield a ⅓ reduction in road deaths, saving as much as £6 billion per year. A consortium of 13 major road safety stakeholders have formed the Campaign for Safe Road Design, which is calling on the UK Government to make safe road design a national transport priority.
Arizona awards compensation for personal injury and property damage cases based on the rule of “comparative negligence.” Under comparative negligence, a jury will determine the level of fault both parties played in causing the accident. If you have filed a claim for $1,000 and it has been determined that you were 20 percent responsible for causing the accident, you would be awarded $800.
"I have never actually needed a lawyer before until I had my first car accident which was caused by someone else. My dad researched lawyers in our area and Ed had top-rated reviews, so naturally, we chose him. They helped me obtain medical treatment right away and always checked up on how I was doing. They were always very friendly, answered all my questions, and kept me informed. A very pleasant experience.. got a great settlement. The rest of the staff great as well, very friendly and inviting. I always felt welcomed any time I needed to stop by the office to sign paperwork. I would highly recommend this law office." - Kristina M.
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^ 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.
Unlike other lawyers, personal injury lawyers don’t charge an hourly rate. Instead, they accept a percentage of their client’s compensation for punitive damages as payment. In high profile cases, personal injury lawyers may earn as much as 40% of their winning client’s compensation. Payment is made on a contingency basis meaning the plaintiff only pays if the lawyer recovers money on his behalf.