Some auto accident injuries can take days or even weeks to fully manifest, so we encourage anyone who has been involved in an accident to seek qualified medical attention as soon as possible — even if they don’t feel like they are injured. And, of course, quality auto accident treatment starts with the correct diagnosis. The doctors and other medical practitioners at Accident Care and Treatment Center, Inc. offer complete diagnostic capabilities right on-site, including everything from your initial exam, to on-site advanced diagnostic imaging like x-rays, CT scans, and MRIs.
If liability is assessed against the defendant, the judge or jury will then determine the appropriate amount of money damages to be awarded to the plaintiff. The amount of personal injury damages will depend on a number of factors, such as the specific legal claim, the circumstances of accident, the extent of the victim’s injuries, the impact of the victim’s injuries, and the laws of the jurisdiction. Personal injury damages may include compensatory damages, including: medical expenses, lost wages, pain and suffering, disability, and emotional distress.
Burn/Fire Injuries Fire and burn injuries are some of the most dangerous and life-altering injuries a person can suffer. Imagine if your life or a loved one’s were irreparably changed for the worse, because of a chemical fire caused by unsafe working conditions or an apartment fire that occurred because of a landlord cutting corners with fire safety?
Construction Defects—Shoddy workmanship or inadequate repairs to a piece of property can result in an injury and be grounds for a premises liability lawsuit involving construction defects. In some instances, homeowners’ associations may bring construction defects claims when many homeowners have been harmed by a builder’s poor workmanship. Some Colorado municipalities such as Denver have local ordinances that must be taken into consideration when assessing these cases.
We get to work quickly to document the accident scene before the condition is repaired and the evidence lost. Our attorneys seek security camera footage that might help determine how long the hazardous condition had been present at a business. We search for other accident reports at the location to help show that the owner should have recognized the unsafe condition.
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Apartment tenants burned because a landlord didn’t install and/or maintain proper fire safety equipment and enable proper fire safety measures, a scalding beverage, faulty electrical wiring, and many other hazards can cause horrific burns. Whether it’s one that heals or a burn that causes lifelong scarring and trauma, you have a right to hold the negligent party accountable for injuring you.
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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.
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.
Discovery will be conducted over the course of the next several months. During discovery, each party has an opportunity to submit written questions and request documents for review. Depositions of the parties, witnesses, and experts will also be conducted. During the deposition, the parties’ lawyers will ask questions of a party or witness, while under oath, prior to the actual trial. The deposition serves several purposes, including: (1) to find out what a party or witness will say at trial; (2) to obtain information that was not obtained in the written interrogatories; (3) to assess how the party or witness may be perceived by the jury; and (4) to preserve the record for testimony given at trial.
Loss of consortium. In personal injury cases, "loss of consortium" damages typically relate to the impact the injuries have on the plaintiff's relationship with their spouse -- the loss of companionship or the inability to maintain a sexual relationship, for example. Some states also consider the separate impact on the relationship between a parent and their child when one is injured. In some cases, loss of consortium damages are awarded directly to the affected family member rather than to the injured plaintiff.
While a quick settlement may work in both parties’ favor in some cases, in others, accepting a settlement too soon may leave the plaintiff without the means of recovering compensation later if he or she discovers additional injuries or other damages unnoticed during the initial settlement negotiation. In most cases, the plaintiff’s acceptance of a settlement offer requires releasing the defendant from future liability for the claim.
Either party can appeal if there was a significant legal error in the trial. To appeal means you take the case to a higher court to review any legal errors you think may have been made by the judge or jury. For example, a plaintiff might appeal if he thinks he lost his suit unfairly or would have gotten more in damages if the judge had not refused to admit something into evidence. A defendant might appeal if, for example, she thinks there is a valid legal basis to argue that the award for damages given to the plaintiff was too large.
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.
Most people have never been involved in a lawsuit. As such, many accident victims and their families are anxious about pursuing a personal injury claim. It is true that a lawsuit could result in a trial before a jury, but most don’t, and the process should not be a stressful one. The steps below will help you understand the various stages of a personal injury lawsuit, from the initial consultation with an attorney through the resolution of your case.
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.
Thus, an easy way to think about landowner liability for slip and fall accidents is to split it into two tracks: liability for people who were invited onto the property and liability for people who were not invited onto the property. Landowners owe people who were invited onto the property (invitees and invited licensees) the duty to prevent slips and falls. For people who were not invited onto the property (uninvited licensees and trespassers), landowners owe no such duty.
Motorcycle Accidents: Motorcycle riders lack the protection of an enclosed vehicle, and they can be seriously injured in an accident. Most motorcycle accidents are caused by other drivers who fail to see or register the motorcycle on the roadway. If you have been hurt in a motorcycle accident caused by the negligent act of another party, you will find a skilled and dedicated legal advocate with our firm. Keep the shiny side up!
We have built The Sawaya Law Firm around 12 Core Values , which have shaped the success of our firm and the results we have been able to obtain for the benefit of our clients. These core values have made a significant difference in our practice, and our reputation depends on them. If you would like to know more about our firm and the quality of service we provide, read what our clients are saying about us.
Cars have come to represent a part of the American Dream of ownership coupled with the freedom of the road. The violence of a car wreck provides a counterpoint to that promise and is the subject of artwork by a number of artists, such as John Salt, Jan Anders Nelson, and Li Yan. Though English, John Salt was drawn to American landscapes of wrecked vehicles like Desert Wreck (airbrushed oil on linen, 1972). Similarly, Jan Anders Nelson works with the wreck in its resting state in junkyards or forests, or as elements in his paintings and drawings. American Landscape  is one example of Nelson´s focus on the violence of the wreck with cars and trucks piled into a heap, left to the forces of nature and time. This recurring theme of violence is echoed in the work of Li Yan. His painting Accident Nº 6 looks at the energy released during a crash.
Insurance companies are in business to turn a profit, just as any other business, and they are always willing to investigate a claim fully. It is important to understand that your insurance company may be your best friend when defending against a personal injury lawsuit. In most instances, they actually provide the legal counsel for their clients because it is in the best interest of both the client and the company to look at all avenues of defense. Insurance claims adjusters and claim defense attorneys deal with personal injury claims regularly and understand all components of a negotiation, including taking a case to a full jury trial in hopes of an acquittal by a jury that thinks the claims of the plaintiff are excessive and often erroneous. Even valid personal injury claims can result in a much better final outcome when each and every detail regarding material case facts can be addressed in court
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.
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 have a viable personal injury claim in Texas, the injured person must be able to prove that the other party was at fault and that their contribution or fault was less than 51%. If you may have been partly at fault, an attorney may decline your case because the monetary award will be reduced or eliminated depending on the extent of your fault.