Florida Injury Law Firm serves to maximize compensation for people who have been wrongfully injured in all kinds of accidents. Our expert Orlando injury lawyer has over 20 years of experience in personal injury law and has helped countless accident victims win fair compensation for their injuries and other damages. Our expert trial attorneys have won some of the largest jury verdicts in Florida's history on behalf of our clients. No matter how serious your accident may be, our experienced staff can work to achieve results.
For wrongful death cases in California, people qualify to claim damages if they are the following: (1) the deceased person's surviving spouse; (2) the deceased person's domestic partner; (3) the deceased person' s surviving children; or (3) if there is no surviving person in the deceased person's line of descent, then a wrongful death lawsuit may be brought by anyone "who would be entitled to the property of the decedent by intestate succession," which can include the deceased person's parents, or the deceased person's siblings, depending on who is living at the time of the deceased person's death. (California Code of Civil Procedure section 337.60). Otherwise a plaintiff will have to prove that financially dependency on the deceased person.
A property owner (or their employee) should have recognized a dangerous condition (i.e. a pothole or an uneven walking surface) and removed or repaired the potential danger, but did not. The key question here is whether a reasonable person would have identified the condition as hazardous, and whether the defendant had ample opportunity to remedy the situation before the accident occurred. OR
Medical records, which can show diagnoses, prescriptions, clinical visits and hospital stays, are a major way of showing both the extent and duration of recovery from an injury. This only works, though, if you are proactive about your treatment and communicate with your physician in a comprehensive manner. It can also be helpful to take photos and videos of your injuries and keep written records of your symptoms.
Arbitration may be required if the victim's own insurance company is involved. This involves presenting a case in front of a neutral arbitrator who makes a binding decision. Mediation consists of the victim and the person responsible for the injury working together to reach a solution out of court with the help of a third-party neutral. (See more on mediation and arbitration.)
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.)
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.
At the outset of a slip and fall lawsuit, the responsible parties must be identified. While fault can usually be traced to an individual employee or tenant who caused the hazard, there will be additional parties who exercised control or ownership of the accident site. These may include the property manager, business owner, landlord, or the owner of the property. In most cases, one or more of these parties will have liability insurance covering the property.
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In most cases we do not want to proceed with a lawsuit until we have attempted to settle the case. This saves the client money in extra expenses that go along with a lawsuit and many times the case settles more quickly if we attempt to settle before filing a lawsuit than if we file a lawsuit right away and get lawyers involved on the other side. In some case, such as drunken driving cases, we often file the lawsuit right away. These options can be discussed in detail with respect to your specific case.
In order to prove that someone is liable, they must have a legal responsibility for the property and any occurrences that take place on that property. A property owner or business owner would normally assume liability for an injury that happens in their place of business, unless they have insurance that relieves them of that liability. In the case that the owner or employer has liability insurance, the insurance company assumes the liability and therefore the plaintiff must file a suit against them instead of the insured.
Colorado courts use the legal doctrine of comparative fault in determining damages in premises liability accidents. An accident victim may be entitled to receive compensation so long as the victim was less than 50 percent at fault for his or her injury. If you are partially at fault for your injury, you may still recover compensation, but any jury award you receive would be reduced proportionately. For example, if you were found to be 25 percent at fault for a slip and fall accident and a Denver jury awarded $100,000 in damages, then you would receive $75,000 in compensation.
I was rear-ended and didn't realize I was as hurt as I was, until a day after. I had a friend refer me to George Salinas…, so I drove to his office and met with him and his staff. We signed a couple papers and they literally handled everything from that moment forward. They handled everything and I was just told where to go and they worked around my schedule. He set me up with a great network of doctors, chiropractors, and Pain Management specialist. We didn't have to go to trial and he took a very low percentage, compared to other lawyers, of what the insurance company paid me for medical Bill's and damages. It was the easiest process I've ever been through and I recieved way more money than I expected. It saved me financially! Don't buy into the catch phrase lawyers.... If you want somebody to handle this in a professional way, take care of everything so you can stay focused on your life, and get you the most money, call George Salinas!more »
This section is designed to provide clients with the answers to common questions about the timeline of a personal injury lawsuit and different stages of the typical personal injury lawsuit. Once a lawsuit is filed a typical accident case takes anywhere from 8-18 months to get to trial. However, most cases settle out of court and do not go to trial even if a lawsuit is filed, cases can settle at any time during the process. Complex products liability or medical malpractice cases take about twice as long as the average car accident case.
This typically involves three vehicles, two driven by criminals and the third by an innocent victim. The driver of the “squat” vehicle pulls in front of the victim’s car. The driver of the “swoop” vehicle pulls in front of the squat vehicle, causing the driver of the squat vehicle to hit his brakes. The victim cannot react in time and rear-ends the squat vehicle. The swoop vehicle races off and is not seen again. The victim then typically is responsible for any vehicle damage and personal injury to passengers in the squat vehicle.
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.
In the pre-trial process, both sides will ask each other for evidence and witness information in a phase called “discovery.” At the early stages, both sides will also appear in court to inform the judge of how the case is proceeding, to agree or not agree to mediation or arbitration, and to set a trial date. As the discovery process proceeds, both sides will begin to schedule depositions of the opposing party and witnesses, i.e. examinations and cross-examinations under oath outside the courtroom.
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.
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.
Many personal injury claims, especially ones involving car accidents, are resolved before a lawsuit is filed. As your attorney negotiates with the insurance company representing the party who injured you, a monetary offer may be presented to your attorney to settle the case. If a settlement offer is made, your attorney will inform you about the offer and give his or her opinion on whether you should accept it. You ultimately decide if the settlement is acceptable. Click here to learn about how much your personal injury case is worth.
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. 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.
Many injuries can be minor, at first, and then escalate. Many people avoid getting treatment, or hiring an attorney, because they think their injuries are minor. Then, later, the injuries get worse, and so too does the pain. Many injuries have symptoms masked, due to a rush of adrenaline. As the adrenaline in your body wears off, the symptoms from the injury start appearing. You start feeling the pain, and noticing the injuries. It’s crucial you get medical attention so that you can make sure your ok. Afterwards, it could be beneficial to speak to an attorney to understand what you may be entitled to.
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