Workers’ Compensation: Workers injured on the job should be able to easily obtain the benefits they are entitled to receive. Unfortunately, that is not always the case. Employers or their insurance companies may dispute the validity of the claim, the time needed for recovery before returning to work, or the degree of disability caused by the injuries. If you have been seriously injured in a workplace accident, it is in your best interests to have an experienced attorney with The Sawaya Law Firm by your side for your workers’ compensation claim.
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.
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.
While past results don’t guarantee future outcomes, what these verdicts show is that we will fight for you to potentially get the compensation you need to cover your bills and keep you from financial ruin. If you or a loved one were injured, you shouldn’t have to worry about keeping a roof over your head while you recover and get your life back on track.
Your vehicle might have had a faulty brake light, or the road conditions might have been unsafe. On your own, you will probably not be able to tell exactly which parties were responsible for the crash. An experienced auto accident attorney can help you with a thorough investigation into your accident and help you determine who is legally responsible for the crash.
Every state has what is called a "Statute of Limitations" which puts a time limit on how long after an accident a person has to file a claim. In Georgia, the time frame allotted for filing a slip and fall accident injury claim is two years. If a victim does not file a claim within this time frame, the courts will not hear their case and they are not eligible for compensation.
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.
That’s not all, though. They will use all of that information to go head-to-head with the defendant’s attorneys to get you the best compensation possible. Oftentimes this happens in a settlement meeting, but if the big corporation or insurance company won’t budge, our attorneys are trained, experienced, and ready to go to court. (Whether in a settlement or at court, we’ve been able to win compensation many times over the defense’s initial low-ball offers.)
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.
A number of factors contribute to the risk of collision, including vehicle design, speed of operation, road design, road environment, and driver skill, impairment due to alcohol or drugs, and behavior, notably speeding and street racing. Worldwide, motor vehicle collisions lead to death and disability as well as financial costs to both society and the individuals involved.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements.
They took into account thirty factors which it was thought might affect the death rate. Among these were included the annual consumption of wine, of spirits and of malt beverages—taken individually—the amount spent on road maintenance, the minimum temperature, certain of the legal measures such as the amount spent on police, the number of police per 100,000 inhabitants, the follow-up programme on dangerous drivers, the quality of driver testing, and so on. The thirty factors were finally reduced to six by eliminating those found to have small or negligible effect. The final six were:
Employer Liability in Car Accident Cases - If a car accident occurs while an individual is driving a vehicle in order to perform his or her work duties or to do something for his or her employer, there may be employer liability. Whether or not an employer will be liable depends on whether there is some legal reason for assigning responsibility to the employer.
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.
In insurance, "personal injury," as typically defined, does not include mental injury that occurs as a result of defamation, false arrest or imprisonment, or malicious prosecution. For example, the Insurance Services Office standard general liability form has a section providing this coverage. Some home insurance policies include personal injury coverage.
Attorneys in this specialty usually represent clients on a contingency basis. Their fees represent a percentage of the plaintiff's eventual compensation when the case is resolved, typically from 30 to 40 percent. This arrangement means that the plaintiff doesn't pay a fee unless and until the lawyer recovers money on her behalf. These lawyers are typically only compensated if they win.
In some cases, the defense attorney will file a motion for summary judgment (a motion to dismiss the lawsuit). In those cases, the defendant may not be willing to discuss settlement until after the court rules on the motion. If the court grants the motion, then the case is over; it has been dismissed. But if the court denies the motion, then it’s time to talk. Other times, the defense attorney will be willing to discuss settlement while the court is considering the motion. In settlement negotiations, every case is different.
Some jurisdictions offer no fault compensation systems for personal injury cases, or types of personal injury cases, whereby an injured person can recover compensation from a fund or insurance program without regard to who is at fault for the person's injury. For example, in the United States, most injuries that occur while the injured person is working for an employer are compensated through a no-fault workers' compensation system. In New Zealand, the Accident Compensation Corporation provides no-fault compensation to all accident victims (including medical malpractice), and personal injury lawsuits are rare (except in cases of reckless conduct). Proponents of this system say that it results in faster, fairer awards to victims. In practice, it allows people to engage in behavior they otherwise wouldn't out of fear of legal liability, such as putting out a trampoline for neighborhood kids to use.
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.
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.
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.
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Your job in the car accident is to collect the facts and not get involved in any further discussion. If the other party tries to get you to admit fault or suggests you handle things without insurance, collect the information and do not commit to anything. You need to get the information necessary to report the accident, especially considering that in many states you have a legal obligation to report a crash. You can contact your state insurance commissioner or your insurance representative to ask them about the specific laws in your state.
Hotels in the state of Florida owe a duty of care to all guests that stay within these buildings to include the freedom of loss of property or destruction of belongings and prevention of injury to each person as a guest of the hotel. When this duty is in breach, the victim has the ability to pursue a valid claim against management or the owner of the hotel.
Your insurance company won’t provide you with a lawyer or give legal advice regarding your personal injury but they may cover parts of the medical bill if you have been injured. The two of you have very different goals. An insurance company's goal in an accident is to pay out as little as possible if you’re involved in a personal injury, and your goal is to get as much of your injury and damage costs covered. If you have a case which is specific to insurance, consider hiring an insurance lawyer instead.
After you have received the necessary medical treatment, it is best to start looking into your legal options. Litigation is a recourse for people who were injured through no fault of their own. If you didn’t cause your accident, you shouldn’t have to foot the bill for your medical expenses, time off work, and otherwise. Evidence can become more difficult to track down with each passing minute, so start this process as soon as you can.
When the case is finally ready for trial, many courts require the attorneys to meet with a judge for a settlement conference where the judge tries to help the parties reach a settlement agreement before going to trial. In some places the parties are referred to mediation before a case can be set for trial. In mediation the parties themselves might be present and the session is directed by a mediator instead of a judge.
A slip and fall victim is also permitted to gather sworn testimony regarding what happened. The plaintiff does not need to wait until trial to learn what the witnesses will say. This is accomplished by conducting depositions (recorded interviews). Subpoenas can be issued to the defendant and other parties to show up to be deposed at the office of the plaintiff's attorney, and to answer questions about the accident on the record.
The design of vehicles has also evolved to improve protection after collision, both for vehicle occupants and for those outside of the vehicle. Much of this work was led by automotive industry competition and technological innovation, leading to measures such as Saab's safety cage and reinforced roof pillars of 1946, Ford´s 1956 Lifeguard safety package, and Saab and Volvo's introduction of standard fit seatbelts in 1959. Other initiatives were accelerated as a reaction to consumer pressure, after publications such as Ralph Nader's 1965 book Unsafe at Any Speed accused motor manufacturers of indifference towards safety.
In Anglo-American jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit, or "plaintiff," has suffered harm to his or her body or mind. Personal injury lawsuits are filed against the person or entity that caused the harm through negligence, gross negligence, reckless conduct, or intentional misconduct, and in some cases on the basis of strict liability. Different jurisdictions describe the damages (or, the things for which the injured person may be compensated) in different ways, but damages typically include the injured person's medical bills, pain and suffering, and diminished quality of life.
Often mediation works, but, if it doesn’t work, the case is scheduled for trial. A personal injury trial can last a day, a week, or even longer. The length may be increased because, in many states, trials are held for only half a day instead of over a full day. That doubles the length of a trial, but also lets the lawyers and judges get other things done in the afternoon.
Then there are those reserved for survivors of people who died because of the negligence of another. Plaintiffs can seek compensation for funeral costs. They can also seek compensation to account for the sudden and enduring loss of household income that comes with the death. Compensation is also available for pain and suffering, as well as the loss of companionship. These damages can help the family obtain some degree of peace of mind after a sudden loss.
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
Additional damages for mental injury without a physical injury are less clearly covered, as the insurance policy typically states that it covers only bodily injury. For example, in general liability as of 2001 a minority of courts included emotional distress within the definition bodily injury. Where a mental injury arises from a physical injury—as with a traumatic brain injury caused by a car accident—auto insurance policies normally cover the injury.
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.)