A personal injury lawyer files legal complaints, offers legal advice, prepares legal documents and represents his client in court. A personal injury lawyer’s primary purpose is to see justice and compensation served to the injured party. Frequently, a personal injury lawyer will settle out of court on behalf of his client. However, if an agreement cannot be reached between the plaintiff and the defendant, the case must be settled in court.
The insurance company's fear of this possibility is the major reason they typically want you to give up your right to sue and accept a settlement. Turning them down and taking the case to court means you could very easily end up being compensated much more than if you had settled out of court and given up your right to sue. In addition, you may be able to win an award for pain and suffering beyond that which was offered initially or even be awarded punitive damages.
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.)
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.
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.
Whatever the cause of the accident, it is essential to hire a knowledgeable and experienced Chicago car accident attorney to represent your interests. Our firm has years of experience negotiating and litigating motor vehicle accident cases and securing maximum compensation for our clients. With our office in Chicago, we have the capacity to handle cases throughout Illinois. Contact an experienced Chicago car accident lawyer today to schedule your free initial consultation and learn how we can help you seek the damages you deserve for your Illinois auto accident.
A plaintiff may, of course, choose not to hire an attorney. Because of the complexity of litigation, this may not be a wise decision, particularly if the stakes are high and the defendant is likely to hire his or her own attorney. Considering most plaintiff-side personal injury attorneys work for a contingency fee (i.e. they only get paid if the plaintiff does), hiring an attorney is usually a good idea.
Punitive Damages: Making an Example of the Defendant Plaintiffs in certain states could be eligible for punitive damages, a type of award that punishes defendants whose injurious actions were particularly egregious. This differentiates this type of compensation from other damages, which are primarily designed to make the injured plaintiff whole again.
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Although there may be good reasons to use another form of business organization, there are also advantages to “going it alone" with a sole proprietorship. Mainly for the purpose of protecting personal assets from business obligations or potential lawsuits, many experts advise the formation of an LLC or a corporation. However, for various reasons, many business owners opt to run their business as a sole proprietorship. Sole proprietorship advantages include:
Personal injury is the general category under which all personal injury cases fall. Personal injury and health laws cover automobile accidents, product liability, dog bites, animal attacks, medical malpractice, construction accidents, and premises liability. You can learn more about the validity of your claim by reading our law library article, "How much is your claim worth?"
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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.
I've written several books on personal injury law including The Ultimate California Auto Injury Handbook and The California Motorcycle Accident Handbook. I'm currently working on a book tentatively titled Personal Injury Picasso: How Attorney's Evaluate and Value Personal Injury Cases. These books are on Amazon (including Kindle) but you can obtain them free by emailing us at firstname.lastname@example.org and requesting a copy. If you have been in a crash, these books are a valuable guide on what to do.
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.
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.
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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.
Some of these damages are economic, such as medical bills and lost wages. Others are noneconomic, such as pain and suffering and diminished quality of life. Economic damages are generally easy to calculate. Noneconomic damages are more difficult to calculate, and you may need to consult with an experienced personal injury lawyer to make reasonable estimates.
A property owner or occupant cannot prevent every fall on the premises. They usually are not required to ensure a visitor's safety. Even when a property owner uses diligent care, it is possible for somebody to slip on black ice in front of an apartment complex or trip on a paver on the front lawn of a hospital. All visitors to someone else's property are required to use reasonable care, such as by watching where they are going, to avoid getting hurt.
Patty is a pedestrian who is crossing the street at a crosswalk. Dave is a driver who fails to stop at a stop sign and hits Patty in the crosswalk, injuring her severely. Patty experiences significant pain and suffering, and incurs medical bills after treating her injuries. Patty sues Dave, and wins her personal injury lawsuit because she proves that:
Unlike other areas of the law that find their rules in statutes (such as penal codes in criminal cases), the development of personal injury law has taken place mostly through court decisions, and in treatises written by legal scholars. Many states have taken steps to summarize the development of personal injury law in written statutes, but for practical purposes court decisions remain the main source of the law in any legal case arising from an accident or injury.
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.
If you are the victim of a personal injury, then hiring a law firm in Los Angeles can help you get compensation. It’s important that the attorney you hire has experience getting results, and negotiating with insurance companies. At Farar & Lewis LLP, our attorneys have recovered over $50 million in compensation for our clients. We have experience handling tough cases that other firms turn down. Many serious injuries can have a devastating impact on your life – which is why it’s helpful to hire an attorney as soon as possible. If you delay hiring a personal injury attorney, and delay getting medical treatment, it could harm your chances of getting the compensation you deserve. If you delay getting medical treatment, the validity of your injuries could be brought into question – further preventing you from getting the most amount of compensation you deserve. At Farar & Lewis LLP, our personal injury attorneys never charge an upfront fee. We never charge any fees – unless we win your case. Our goal is your recovery, financially – emotionally – and physically.
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.
Personal injury cases represent the most common type of lawsuits filed in United States federal district courts, representing 25.5 percent of cases filed in 2015. Personal injury claims represent a considerably smaller percentage of cases filed in state courts. For example, in Illinois, tort claims represent approximately 7% of the civil docket.
Formal Lawsuit - Unlike criminal cases, which are initiated by the government, a formal personal injury case typically starts when a private individual (the "plaintiff") files a civil complaint against another person, business, corporation, or government agency (the "defendant"), alleging that they acted carelessly or irresponsibly in connection with an accident or injury that caused harm. This action is known as "filing a lawsuit". Our discussion on negligence and proof is especially helpful.
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.
Pain and Suffering This category of compensation is calculated and awarded based on the depth and breadth of the pain and suffering you’ve endured — your type of injury and what medical treatment was required. To get this kind of compensation, which can exceed a million dollars in a jury trial, the plaintiff will need to have as much evidence as possible to prove the impact of an injury caused by the negligence of another.
Slip and fall law refers to the liability rules governing cases in which an individual falls to the ground and suffers harm due to a dangerous condition on someone else's property. As a subset of personal injury law, these cases are controlled by the basic rules of negligence. Unless an accident occurs on federal government property, state law will control. Violations of local building code ordinances can also be relevant.
When you visit an office building, restaurant, government building, shopping center, hotel, apartment complex, or even take a walk, your experience should be free from hazards. Businesses and property owners and managers have a duty to you and to the community. They must be diligent, not negligent, in managing and maintaining their property. You are their customer or guest and they should make sure that their premises are safe. If you have been injured in a slip and fall accident caused by poorly maintained property, you deserve compensation for the damages you suffer.
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, with researchers observing that many exhibit behaviors and attitudes to risk that can place them in more hazardous situations than other road users. 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. 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:
Decide whether to accept the insurance settlement or file a personal injury lawsuit.There are things to consider when deciding whether to file a lawsuit or accept the insurance settlement. Although it make take longer to obtain financial recovery in a personal injury lawsuit, there are several reasons why you may want to do so, including the following:
^ 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.
You should seek prompt medical treatment if you have suffered serious injuries on another’s property. If your injury does not require urgent medical treatment, you should still seek a prompt medical evaluation within 72 hours after an accident on another person’s property. You should explain to the doctor how your injuries occurred. The doctor’s report provides an independent evaluation of your injuries. Insurance adjusters will rely upon the medical report in evaluating your claim.
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.
The vast majority of personal injury cases are settled before or during trial; only a small percentage of these lawsuits are tried in court and reach a jury verdict. There are many benefits (for both the injured party and the defendant) to keeping a personal injury case out of the courtroom – and out of the hands of a jury. Read on to get a sense of how a personal injury lawyer would negotiate the settlement of a lawsuit.
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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.