The victim merges his vehicle into traffic, after having been motioned by the seemingly helpful criminal. As the innocent driver begins to merge, the criminal speeds up and causes a collision. When questioned, the criminal denies motioning the victim to merge. Another variation on this scheme involves motioning an innocent motorist to complete a left turn into a strip mall or other parking structure. The criminal quickly drives up and causes a collision, but the innocent motorist will be held at fault because the driver making a left turn must yield to oncoming traffic.
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.
Slip and Fall: If you fall, or slip, on someone’s property then you may have a potential case. Property owners have a duty to maintain a safe environment for those who are on their property. If you slip, or fall, and are injured – as a result of inadequate – or unsafe, property conditions – then we may be able to help. We’ll conduct an investigation into the property and put together a personal injury claim that shows the property owner was irresponsible, and failed to maintain safe conditions. Our goal is to get you as much compensation as possible.
It is possible for a plaintiff to feel cheated or deceived after listening to bad legal advice and accepting a settlement too soon. If someone in this situation believes that his or her attorney provided inappropriate legal advice or was otherwise negligent in the handling of the case, the plaintiff may be able to file a lawsuit against his or her lawyer for legal malpractice. The plaintiff would need a new attorney to prove that the first lawyer failed to provide a reasonable level of representation and that another lawyer in the same situation would have likely offered better advice.
Kinney, Fernandez, & Boire P.A. Our personal injury lawyer provides experienced litigation representation for injury victims of accidents due to negligence in communities throughout the Tampa Bay Area and Central Florida including, Tampa, Clearwater, St Petersburg, Sarasota, Town ‘n’ Country, Brooksville, Spring Hill, Lakeland, Plant City, Brandon, Bradenton, Palm Harbor, Holiday, New Port Richey, Trinity, Tarpon Springs, Citrus Park, Westchase, Lutz, New Tampa, Odessa, Dade City, Zephyrhills, Mulberry, Dover, Seffner, Riverview, Gibsonton, Ruskin, Bartow, Palmetto, Largo, Frostproof, Valrico, Seffner, Wimauma, Carrollwood, Pinellas Park, Siminole, Treasure Island, Indian Rocks, Indian Shores, Bellair, Madeira , Redington Beach, Anna Maria Island, Perico Bay, Holmes, Bradenton Beach, Millar Bay, Coquina, Long Boat, St Armands, Lido, Siesta, Casey Key, and Venice Florida
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.
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.
The Stark & Stark accident attorneys will fight to recover all the benefits you deserve. As a result of our experience in representing clients in motor vehicle accident matters, and through careful assessment and preparation, our experienced accident lawyers help victims and their families obtain cash settlements for lost wages, medical expenses, and pain and suffering. Sometimes these positive outcomes are achieved only by going to trial. However, in most cases our accident attorneys are able to obtain favorable settlements outside of the courtroom, making the experience less stressful for our clients.
Your insurance agent or the person who you speak to at your insurance company claims phone number, will be able to walk you through how to file your claim after an accident. If your insurance company has an app, you may also have the option to start the claims process there or visit your insurance company website to see if you can fill in the information or follow up on your claim online.
The compensation provided by an award of damages for wrongful death can help ease the financial burdens associated with the loss of a loved one. Compensation awarded is designed to cover the lost income, leftover bills, and funeral expenses survivors face because of the death of their family member. It is also designed to help compensate for less specifically quantifiable aspects of a wrongful death, such as the sudden and unnecessary loss of someone’s spouse or parent. For example, laws will generally refer to this as something like “lost parental companionship, instruction, and guidance” for children who survive their parents.
Words cannot express the professionalism you and your firm has given us in our time of need. Your representatives were very kind, understanding and very helpful. Calls, emails etc… were beyond my expectations. I will gladly recommend your services when and where applicable and of course, I will carry your business card in my purse as well my husband in his wallet. Again, thank you for all you do and my best wishes to you and yours.
It is essential that you also meet with the right physicians to get the most out of your claim. Your personal injury attorney, who will be knowledgeable about personal injury laws in your state, can help get you to the right medical experts that can treat you and also serve as good witnesses in your case, should the case go to trial. You want to have medical professionals around you that can not only heal you, but also testify in court, and explain how the injury will impact you in the future.
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.
Invitees: An invitee is a person who is either: (a) invited to enter the land or property for a purpose that is connected with the business dealings of the landowner, or (b) a member of the public who is on the land for a purpose for which the land is held open to the public. This could include retail shoppers, business guests, and visitors to public parks.
The cases involving a property owner or occupant that "should have known" of a slippery surface can be the most challenging to prove. For example, in a slip and fall that occurs on a wet floor in a grocery store, a crucial issue will be how long the floor was wet. The longer the floor was wet, the more likely it is that the storeowner knew or should have known that the hazardous surface existed and failed to warn customers or otherwise guard against slip and falls. Unfortunately, in many cases, it is hard to determine how long the surface was wet. If you are injured in a slip and fall, it is a good idea to get the name and contact information of any witnesses, especially if they were present in the location over a long period and can give some idea of how long the hazardous surface existed.
Car Accidents: Automobile accidents injure thousands of people every day. As reported by the National Highway Traffic Safety Administration (NHTSA), for 2013, on average, 6,337 people were injured daily in traffic crashes in the U.S. If you have been hurt in a car accident that was someone else’s fault, our firm can help you pursue the compensation you are entitled to receive.
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.
If there is no settlement, the case will proceed to trial. In order to be successful, the plaintiff will need to establish liability by proving the following to the judge or jury: (1) the defendant owed the plaintiff a duty of care; (2) the defendant breached his or her duty of care; (3) the plaintiff suffered injuries; and (4) the breach of the defendant’s duty of care was the proximate cause of the plaintiff’s injuries.
Although people of all ages are potential victims of slip and fall accidents, a disproportionate number of older people are injured every year due to falls. The Center for Disease Control estimated that, in 2005, 15,800 people age 65 and older died from fall-related injuries, 1.8 million ages 65 and older were treated in emergency rooms for fall-related injuries, and over 433,000 people age 65 and older were hospitalized.
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.
Personal injury lawyers help injured people seek compensation from those who have harmed them. Some injury attorneys focus on a specific type of case, such as truck accidents, car accidents, slip-and-fall injuries, medical malpractice or products liability cases. If a person is injured as a result of criminal behavior, it may be appropriate to pursue a personal injury lawsuit in addition to the state's criminal investigation or prosecution.