A surprising number of people suffer broken bones, head injuries, neck injuries and other serious from slip and fall accidents on slick floors, stairs, uneven sidewalks and icy parking lots. Some of the injuries can be life-altering, forcing the injured person to adapt to a new life. A slip and fall injury may occur at a personal residence, at a store or business, or on a public sidewalk or in a parking lot.
When an insurance company is involved, personal injury cases will almost always reach a settlement. There are several reasons for this. The first is, of course, the money. Insurance companies are ultimately a business. They have the money to pay out claims and even expect it. It is expensive for an insurance company to go to trial. There are large legal fees regardless of the outcome. Worse, at the end of the day, they can’t control that outcome. The insurance company would rather have some say in the settlement decision than leave it in the hands of a sympathetic jury that has the power to award large pain and suffering damages to the plaintiff.
To defend against personal injury liability, defendants tend to rely on a few common defense theories. In negligence cases, the defendant may argue that the plaintiff did not use due care, and is partially or wholly responsible for his or her own injury. The defendant may also claim that the plaintiff "assumed the risk" by voluntarily participating in a dangerous sport or activity, or that the plaintiff impliedly gave the defendant permission to take the action that ended up harming the plaintiff.
My law practice is made up of unique individuals with great skill sets. Every one of them is conscientious and skilled employees who truly care about our clients. My staff and I have a long-term relationship with each other, as many of us have worked together for over 20 years. We are like a family here and we'd like to welcome you and your family to work with ours.
Attorney Michael Sawaya and the legal team at The Sawaya Law Firm are committed to providing clients with excellent legal representation. Our effective advocacy on behalf of clients and the 12 core values on which our firm was founded 40 years ago have shaped our success and allowed the firm to grow to more than 20 lawyers and 80 staff members. Many of our attorneys including our founding attorney have been listed among Colorado Super Lawyers®. The Sawaya Law Firm is a full service personal injury firm that focuses on helping people who have been injured through the carelessness or negligence of others. Our premises liability attorneys serve clients in Denver, Greeley and throughout Northeastern Colorado.
Research has shown that, across all collision types, it is less likely that seat belts were worn in collisions involving death or serious injury, rather than light injury; wearing a seat belt reduces the risk of death by about 45 percent. Seat belt use is controversial, with notable critics such as Professor John Adams suggesting that their use may lead to a net increase in road casualties due to a phenomenon known as risk compensation. However, actual observation of driver behaviors before and after seat belt laws does not support the risk compensation hypothesis. Several important driving behaviors were observed on the road before and after the belt use law was enforced in Newfoundland, and in Nova Scotia during the same period without a law. Belt use increased from 16 percent to 77 percent in Newfoundland and remained virtually unchanged in Nova Scotia. Four driver behaviors (speed, stopping at intersections when the control light was amber, turning left in front of oncoming traffic, and gaps in following distance) were measured at various sites before and after the law. Changes in these behaviors in Newfoundland were similar to those in Nova Scotia, except that drivers in Newfoundland drove slower on expressways after the law, contrary to the risk compensation theory.
In cases where the defendant's conduct is deemed particularly egregious or outrageously careless, a personal injury plaintiff may be awarded punitive damages on top of any compensatory damages award. Punitive damages stem from a rationale that is quite different from the justification tied to compensatory damages, which attempt to "make someone whole."
The insurance company is making a settlement offer based on what they expect the court to rule, and by taking the case to trial, you might get a larger ruling. However, if you do not have enough evidence, or your case is not strong enough, your case may fail to even meet the burden of proof and the defendant may not have to pay you anything at all. In other cases, the financial compensation that the jury will award will be less than the amount you would have received had you simply taken the settlement.
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.
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.
Usually once the Pre-lawsuit demand is sent out we allow the insurance company 30 days to settle the case. If we cannot settle the case in those 30 days we generally recommend filing an injury lawsuit. Sometimes there are legitimate reasons to extend the demand deadline, any requests by the insurance company to extend that deadline will be discussed with the client and then a decision will be made based on the unique factors of each case.
If you have been injured because of the negligence of another, you need an attorney with the knowledge and experience to succeed against the insurance companies and their teams of lawyers, no matter how complex or sophisticated the case. In Boston and New Bedford, George Leontire and the team at Leontire & Associates, P.C. have years of litigation experience backed by a record of success in some of the highest profile cases in recent history. Let us help you get the medical care and compensation you need and deserve after being injured through no fault of your own. Our comprehensive Boston personal injury lawyers have experience in a wide variety of injuries and accidents, including:
It is important to get names, address, and phone numbers of everyone involved in the accident. A description of the car and license plate number can also be helpful, but make sure you also get their insurance company and the vehicle identification number of their car. Don't just assume the license plate number will do because most insurance companies only record the type of car and the vehicle identification number, not the license plate number. There is a complete list of how to collect this information for you in the 5 sections below.
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Collect as much information as possible after an accident. This can help prove your claim and identify the party responsible for the accident. Immediately following a car accident, you should exchange information with the other parties involved. You should also take pictures of all vehicles involved, property damage and the accident scene to use as references for a claim. If you were unable to collect photographic evidence or any information about the other drivers involved, police accident reports, hospital records and other evidence from the scene will be vital to building your claim.
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.
All of our medical professionals are dedicated with providing you with the absolute best care possible. If you’ve been involved in a car accident, it’s likely that you’re already stressed out by all of the different things you need to get done. We are happy to provide you with a variety of patient resources that can make a difficult situation a little bit easier.
We can then seek just compensation for your medical expenses, lost wages, pain and suffering and other damages by dealing directly with the insurance companies on your behalf. We can seek a financial recovery for you through the at-fault driver’s liability coverage and, if necessary, turn to your own uninsured/underinsured motorist (UM / UIM) coverage.
If your slip and fall happened at work or because of the negligence of a property owner, you have certain legal rights. An experienced New York personal injury lawyer at The Perecman Firm, P.L.L.C. can help you pursue a claim and understand your options. We encourage you to reach out to our office to find out more about the options available to you.
You should use your phone camera to take photographs of the unsafe property conditions that caused the accident. It is important to document the unsafe conditions before they are repaired. If you pursue a premises liability claim, the medical report and photographs of the unsafe conditions and your injuries may provide evidence to support your claim for compensation.
Premises Liability: Property owners are responsible for maintaining the property in a reasonably safe condition, or at least giving adequate warning of any danger. When poor maintenance, construction defects, or inadequate security result in accidents or assault, our Colorado premises liability attorneys will investigate the incident and aggressively pursue compensation for your injuries.
There is no one rate that is superior to others in any general sense. The rate to be selected depends on the question being asked – and often also on what data are available. What is important is to specify exactly what rate is measured and how it relates to the problem being addressed. Some agencies concentrate on crashes per total vehicle distance traveled. Others combine rates. The U.S. state of Iowa, for example, selects high collision locations based on a combination of crashes per million miles traveled, crashes per mile per year, and value loss (crash severity).
Some non-economical damages such as pain and suffering attributed to the damages, like for example having anxiety after a car accident, may be attributed to general damages that can be proved in court and may be entitled to monetary means of compensation. There are other torts, both intentional and non-intentional, that may be pursued and or mixed with personal injury.
In some instances, regardless of the nature of your injury or the amount of your medical bills and lost income, you will want to hire a lawyer because an insurance company or government agency simply refuses to make any fair settlement offer at all. In these cases, something -- what the lawyer can get minus the fee charged to get it -- is better than nothing.
For example, critics of medical malpractice lawyers argue that lawsuits increase the cost of healthcare, and that lawsuits may inspire doctors to leave medical practice or create doctor shortages. These concerns have not been well substantiated. A publication by the Robert Wood Johnson Foundation found little evidence that traditional tort reforms affect medical liability costs or defensive medicine. A study conducted on a bi-partisan basis in Texas has found that tort reform, once enacted had no impact on reducing the cost of medical care, tending to throw doubt on claims made by tort reform advocates.