Many of these hazards are problems that you should be warned about when visiting a public place or private home. If a property owner fails to correct hazards, doesn’t maintain a property properly, or fails to warn you of dangers on the property, the owner or renter who was responsible could become liable for any injuries you sustain because of those hazards.
Punitive damages are awarded to the injured plaintiff, but the real goal of these kinds of damages is to punish the defendant for its conduct -- to "hit them in the pocketbook," so to speak -- and to act as a deterrent. Since it isn't unusual for punitive damage awards to top tens of millions of dollars, most states have set some type of cap on punitive damage awards in personal injury cases.
If insurance applies, and the defendant must notify the insurance company as soon as he or she knows about the lawsuit (which is a strict requirement in insurance policies). The insurance company will then supply and pay for its own lawyer if the defendant has not already hired one. Defense attorneys work for an hourly rate, not a contingency fee, so if the defendant can afford to pay out-of-pocket, a “losing” case headed for early settlement is not a deterrent to taking the case on.
If you have suffered an injury or illness due to careless, unprofessional, or incompetent treatment at the hands of a doctor, nurse, hospital, clinic, laboratory, or other medical provider, both the medical questions and the legal rules involved are complex. They almost certainly require that you hire a lawyer experienced in medical malpractice cases. See Nolo's section on Medical Malpractice for more detail on these complicated cases.
Truck Accidents: Large commercial trucks, fully loaded, can weigh 80,000 pounds or more, and they often cause serious injuries to passenger vehicle occupants in a collision. Large truck collision cases can be more complex than other automobile accident cases because of the number of potentially liable parties, evidence that must be preserved, and the federal regulations involved. If you have been injured or lost a loved one in a crash with large commercial truck, do not hesitate to consult with an experienced truck accident attorney with The Sawaya Law Firm.
Emotional distress. Usually linked to more serious accidents, emotional distress damages are meant to compensate a personal injury plaintiff for the psychological impact of an injury -- including fear, anxiety, and sleep loss. Some states consider emotional distress as part of any "pain and suffering" damage that is awarded to a personal injury plaintiff.
This defense falls into the category of comparative negligence, which each state uses in some manner. Some states use pure comparative negligence that allows any injured party in an accident injury to receive some amount of financial compensation unless they are totally at fault for the injury, such as an intentional act or they were convicted of drunk driving. Most states use modified comparative negligence law that states plaintiffs are barred from any financial recovery if their comparative negligence percentage is greater than the respondent. The bar level is usually either 50% or 51% to deny a claim. In pure contributory negligence states, any contribution to the causation of the injury will be an effective defensive strategy. In premises liability cases, the focus is on individual reasonable assumption of risk based on the actions of the plaintiff. An example of this defense would be trespassers who are injured and normally lose their claims based on no authority to occupy the property. This means that technicalities can matter greatly, depending on the state of occurrence, and the particulars of the claim are all potential reasons for a case dismissal, or at least a reduced financial liability.
Car Accidents: Southern California is filled with cars. Many people have a car, and most houses have multiple cars. Many drivers, and bystanders, often get hurt as a result of car accidents. Regardless of when, where, or how, the accident happened – we can help victims of auto accidents. Whether you were riding your bike, and were hit by a car – or whether you were a passenger in a car – we can help. Our goal is to help victims of auto accidents recover. We can help you get medical attention, in addition to helping with all other elements of your case. 
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.
Auto accidents happen and often result in injury, pain, lost productivity, and can even cause future pain and problems. In fact, whether you know you are injured or think you’re fine, it’s important to seek qualified, medical care after every automotive accident. Delaying your evaluation and treatment could leave your injury — whether it is known or hidden — to worsen and could result in you losing coverage for your injury by the at-fault party’s auto insurance policy.
A slip and fall accident can happen anywhere–at work, at home, at a friend’s house, at the shopping mall, or even at your place of worship. Slipping and falling can lead to serious and sometimes permanent injuries, especially for children and the elderly. The Occupational Safety and Health Administration (OSHA) estimates that slip trip and fall accidents account for 15% of all accidental deaths in the United States, which puts them in second place behind car accidents. The good news is that, in many cases, the person or business who owns or manages the land that a person slips and falls on is legally responsible for preventing those kinds of accidents. If they fail to uphold this legal duty and someone gets hurt, they could expose themselves to liability.
Here at Accident Care and Treatment Center, Inc., we pride ourselves on being the leading auto accident injury doctors in Oklahoma City, OK. Our team of highly qualified medical doctors and physician assistants can provide you with experienced, comprehensive, and effective medical care for your auto accident injuries. That’s because we’ve spent over 20 years developing the most complete medical injury treatment program in the region.
At Gruber Law Offices LLC, our lawyers have been awarded membership in the Million Dollar Advocates Forum, named among Wisconsin Super Lawyers®, and listed among the National Trial Lawyers Top 40 Under 40 and Top 100 Trial Lawyers in the U.S. We are committed to protecting the rights of our injured clients and pursuing the compensation they need and deserve.
Three plus years ago my husband and I were involved in a very serious car accident that changed our life as we known it …. We were both injured as a result of the accident and I known that I needed to find a very special person not only an attorney but a good person who would help us during this most difficult times . I prayed to Our Heavly Father to give me a sign and to direct us to a good person a special attorney we could trust to have our well being at heart. I looked on the interest and 4 different times George's name and picture kept popping up. I told the Lord , yes I get it this is the best person and you have sent him to us. I called the phone number and left a message. Not very long after that I got a call not from his staff but by George himself. During these past 3 plus years , George, Amanda and Carol were truly a God sent my husband and I always left that they really cared about us on a personal base, and we're always there, just a phone call away. Thank you so much for the all you George, Amanda and Carol have done for us. We feel that they will always be an extended family, as they live in our hearts. Thank you , Gume and Maggie Gonzales,more »
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.
Also note that, unless you're seriously injured and must be transported to a hospital immediately, you must not leave the scene of the accident (often called a “hit-and-run") without handling the necessary steps related to your particular accident. Doing so can result in misdemeanor or felony charges, as well as hefty fines, all depending on your state laws.

Having the right personal injury attorney on your side can mean the difference between winning and losing your case, so choose yours carefully. Ask the attorney about his or her level of expertise and track record handling your type of case, their policy regarding communicating with clients, and any other questions you might have. At the initial meeting, the attorney will ask you many questions in order to get a full understanding of your case. Be wary of any attorney who, during the initial meeting, makes promises about how much money you can expect to receive. Good lawyers need more time to truly evaluate the value of your case, and they sometimes need to get experts involved too.
In the United States, for federal taxes payable to the IRS, the money awarded in a personal injury settlement as compensation for pain and suffering, medical expenses and property damage is not ordinarily taxable. Exceptions may apply, for example, if a plaintiff took a tax deduction in a prior year for medical expenses that are recovered through a later judgment or settlement. [21]
At the Chris Mayo Law Firm, our dedicated auto accident lawyers understand that a wreck can leave you shaken and experiencing extreme stress in the aftermath. If you have been hurt in an auto accident, you might be facing physical pain, high medical bills, and lost work wages. You may be struggling against unreasonable, unfair accusations from another driver’s insurance company.

Slip & Fall Accidents/Premises Liability Slip & fall lawsuits are a bigger deal than some think. After all, you didn’t just fall for seemingly no reason. This isn’t just a matter of you being a clutz. Those who slip and fall on someone’s property may find themselves with an injury that could have been avoided had the property owner not neglected to repair their broken facilities. Sometimes a grocery store or restaurant fails to clean up spilled food, drink, or cleaning solution. A railing could be loose. Steps could be loose and in poor condition. The list goes on.
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.
If you are considering taking an injury claim to trial, you may already have been told by a lawyer, friend, or your insurance company that taking your case to trial increases your chances of receiving a higher dollar value through a jury award. Going to trial may also give you a better chance of recouping all of your out of pocket costs.   As such, the option of taking a personal injury case to trial as opposed to settling can sometimes be beneficial to you from a financial perspective, but there are risks and rewards to taking a personal injury case to trial that you should be aware of before you decline a settlement offer and decide to go the trial route.  
Invalid assertions can be stricken from the record in some instances when the plaintiff legal counsel cannot prove the claims. Some claims are filed with overstated pain-and-suffering claims as well as overly-calculated loss of future wages. The diagnosis and prognosis of medical treatment professionals can be evaluated and defended as well, many times by a second opinion from an impartial medical professional who is legally qualified to present a competing analysis. While this may not always result in a case dismissal, certain items can be eliminated and injury claims regarding the degree of injury can require closer evaluation, which normally results in a reduced amount of financial damages available.
If all efforts at settlement fail, the case will be set for trial before a judge or jury—whichever the plaintiff chooses. The parties will present witnesses, cross-examine the other parties’ witnesses, present evidence, and make arguments. At the end, the finder of fact (judge or jury) will enter a verdict for the plaintiff or defendant. If the verdict is for the plaintiff, the finder of fact will decide on the amount of damages.
DISCLAIMER: This website contains information about Leontire & Associates, P.C. that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.
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.
Immediately! You should report all accidents to your insurance company, broker, or agent as soon as possible so that they are not in a position to deny any legitimate claim that you may have. In addition, your automobile insurance provides you with many benefits and services of which you may be unaware. Contacting your insurance company immediately ensures that you will receive the benefit of the services you have paid for.
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.

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
Having the right personal injury attorney on your side can mean the difference between winning and losing your case, so choose yours carefully. Ask the attorney about his or her level of expertise and track record handling your type of case, their policy regarding communicating with clients, and any other questions you might have. At the initial meeting, the attorney will ask you many questions in order to get a full understanding of your case. Be wary of any attorney who, during the initial meeting, makes promises about how much money you can expect to receive. Good lawyers need more time to truly evaluate the value of your case, and they sometimes need to get experts involved too.
Females in this age group exhibit somewhat lower collision and fatality rates than males but still register well above the median for drivers of all ages. Also within this group, the highest collision incidence rate occurs within the first year of licensed driving. For this reason, many US states have enacted a zero-tolerance policy wherein receiving a moving violation within the first six months to one year of obtaining a license results in automatic license suspension. No US state allows fourteen year-olds to obtain drivers’ licenses any longer.
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.
Auto accidents happen and often result in injury, pain, lost productivity, and can even cause future pain and problems. In fact, whether you know you are injured or think you’re fine, it’s important to seek qualified, medical care after every automotive accident. Delaying your evaluation and treatment could leave your injury — whether it is known or hidden — to worsen and could result in you losing coverage for your injury by the at-fault party’s auto insurance policy.
While an individual driver is often legally liable for a crash, many other parties can be at fault. Consider a construction company that fails to put up the proper “detour” signs for road work. Someone might unwittingly drive their car into dangerous conditions. Or imagine a state highway full of deep potholes. Someone might lose control of their truck and slam into a telephone pole or another vehicle. And what if a car manufacturer fails to properly install the brakes on your car? When you are unable to stop, the resulting crash could be blamed on the factory owners who did not thoroughly test their products. In any case, a skilled lawyer can help determine the responsible person or organization and fight to get you the compensation you deserve.

Motor vehicle accidents including car accidents, motorcycle accidents and truck accidents are the most common type of personal injury claim. These claims are typically based on the theory of negligence. In most Illinois motor vehicle accidents, the injured party, the plaintiff, must establish the negligence the defendant in order to seek civil damages. Furthermore, the plaintiff must show that the defendant’s negligence was the proximate cause of both the accident and the plaintiff’s injuries. A chicago car accident attorney can help guide you through this process.

Pedestrian Accidents: Pedestrians are often hit by cars when walking on the street or crossing the street. Often, victims of pedestrians suffer immense injuries to fast/heavy cars.  Many pedestrians often assume it was their fault the got hurt – and don’t look into hiring a personal injury law firm. We recommend you speak to us, so we can conduct a full 360 investigation into the accident – and how it happened. 
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.
Property owners have a legal responsibility to maintain their property is reasonably safe condition and to provide adequate warning of any hazard or unsafe condition that cannot be quickly corrected. When a visitor to the property is injured due to an unsafe condition, inadequate security, inadequate maintenance or construction defects, the person who is injured may be entitled to seek compensation from the property owner.
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.

This process of discovery and intermittent court appearances can take months and even years, with the trial date frequently being set back. Eventually, once the discovery process appears to have proceeded as far as it can, the defendant may ask the judge to throw out the case on “summary judgment” because the plaintiff cannot possibly win at trial (these motions lose more often than not).


We thoroughly research the nature of your injuries and team with you and your doctor's to get you back to a state of vibrant health. We communicate with you every step of the way. We encourage you to try different practices to reduce stress in your life. Stress and pain are inextricably related and over the years we've found many things that can help relieve stress. We'll encourage you to try them as we go forward with you on your road to recovery.


That depends on you. The insurance company will likely offer you a low settlement quickly to try to pressure you to sign away your rights. Keep in mind that if you are coping with a serious injury, there is no way to know immediately what your future costs may be and how your life will be affected. Ideally, you should wait until your doctor decides you have reached maximum medical improvement so you can more accurately assess your situation.
Trial: When a case can’t be settled, it goes before a judge and jury. It is during this time that your attorney will argue your case, which includes interviewing expert witnesses. Given our track record of securing millions upon millions of dollars in jury verdicts, insurance companies and other parties oftentimes aren’t excited about having to face Morgan & Morgan in a courtroom. In fact, our law firm has a mock courtroom in which our lawyers regularly conduct trial practice. Your legal team isn’t afraid of a courtroom.
My wife and I were represented by Mr. Salinas for an incident involving a tractor trailer that left us in bad health. Wi…thin a year after this terrible event, he fought and won on our behalf against the company and sought that we were fully compensated for what we had suffered. Even though our case is over, we still stay in communication from time to time. Excellent advocate, knowledgeable attorney, and caring counselor.more »
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:
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