Medical treatment for car accident injuries can become expensive and may require long-lasting treatment and surgeries. Filing a claim detailing the damages you or your loved one has suffered could provide some financial relief needed to recover. Our Phoenix auto collision lawyers will be able to provide you with an assessment of the compensation you deserve.
^ Smith, Turner T. (November 1983). "Environmental Damage Liability Insurance—A Primer". The Business Lawyer. 9 (1): 333–3Personal injury cases represent greatest amount54. JSTOR 40686553. ("Personal injury is defined to include 'bodily injury, mental anguish, shock, sickness, disease or disability.' Property damage means 'physical injury to or physical destruction of tangible property....'")
If you've been injured in an accident that wasn't your fault, a personal injury attorney can help you receive a fair settlement from the insurance company. Although it's possible to receive some compensation without legal representation, if you don't have a personal injury attorney there's an increased chance that the insurance company will try to take advantage of you and give you less than you deserve."
Motor Vehicle Accidents Accidents involving cars, trucks, motorcycles, boats, and other vehicles are among the most common type in the United States. Often, these personal injury claims stem from another motorist’s negligence. Whatever the cause or whomever was negligent, these accidents can have lifelong impacts. Even crashes that might at the time feel as if they’re not that bad could require long-term medical care.
If you have sustained a slip and fall injury, you will improve your chances of a positive outcome by working with an experienced Denver slip and fall attorney. It is important to have an attorney who has handled numerous similar claims to get to work investigating your slip and fall accident as soon as possible. You need an attorney with trial experience, who knows what to expect in the courtroom.
If you've been injured in a slip and fall on someone else's property and are considering a legal claim, you should discuss your case with an experienced attorney. You should do so quickly, as there are time limits in which injured persons may file a personal injury lawsuit. Get started today by finding an experienced personal injury lawyer near you.
When dealing with an insurance company, you may feel like you can file a claim and negotiate a settlement on your own. And that may be true if you only suffered minor property damage, such as a small ding to your car. However, if you are coping with any injuries, it is worth scheduling a free consultation with an experienced personal injury attorney.
In California, according to California Code of Civil Procedure Section 335, the statute of limitations in California is 2 years from the date of loss. A date of loss refers to the date in which the accident has happened. Minors in California who are filing a claim against an entity or person has until 2 years after their 18th birthday to satisfy the statute of limitations. For governmental claims, both minors and adults have 6 months to file a claim with its corresponding jurisdiction according to Government Code section 911.2. After filing a claim to satisfy Government Code Section 911.2, you have an additional 6 months to file a lawsuit against a government entity.
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.
Informal Settlement - In reality, most disputes over fault for an accident or injury are resolved through informal early settlement, usually among those personally involved in the dispute, their insurers, and attorneys representing both sides. A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money.
The lawsuit process is complex, with many twists and turns, each requiring expert decision-making skills on the part of an attorney. Be sure your personal injury attorney has expertise in cases like yours and a proven track record of success. And since your lawsuit may last for months to years, make sure you have a good rapport with your attorney. Remember, you have only one opportunity to get the compensation you deserve for your injuries or loss, and having the right attorney on your side can mean the difference between winning and losing your lawsuit. Choose yours wisely.
The definition of a road-traffic fatality varies from country to country. In the United States, the definition used in the Fatality Analysis Reporting System (FARS) run by the National Highway Traffic Safety Administration (NHTSA) is a person who dies within 30 days of a crash on a US public road involving a vehicle with an engine, the death being the result of the crash. In the U.S., therefore, if a driver has a non-fatal heart attack that leads to a road-traffic crash that causes death, that is a road-traffic fatality. However, if the heart attack causes death prior to the crash, then that is not a road-traffic fatality.
A personal injury claim seeks to make a plaintiff “whole” again after an injury caused by negligence. Once a plaintiff accepts a settlement or receives a case award, he or she is basically stating that the award makes him or her whole again. This means the defendant should not be liable for another claim for the same damages, and a “release of liability” generally puts this into writing.
Beware of rainwater! Georgia courts have routinely held that when people enter buildings in rainy conditions this water is tracked in the building and it is common knowledge that these areas will be hazardous. This does not mean that all falls caused by rain water accumulation are doomed to fail; rather, it just makes for a much more difficult case because a plaintiff must prove that the landowner had superior knowledge of such a hazard.
When the lawsuit is finished, when an appeal is completed or a verdict entered that isn’t appealed, the plaintiff still has to collect the damages that have been awarded from the defendant. Some defendants are unable to pay damages, and plaintiffs usually name more than one defendant if possible to make sure they are able to collect enough to cover their damages and litigation costs. For example, a teenager driving a pizza delivery car probably won’t have enough personal assets to cover damages from a serious car accident. In that case, the plaintiff may collect from the employer or the employer’s insurance company.
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.
At Morgan & Morgan, we have handled many cases like this, investing time and energy on a contingency-fee basis in order to get your family justice. For one family, our attorneys were able to secure a $38 million verdict from a doctor and hospital responsible for birth injuries associated with a delayed C-section. One birth injury is too many, but when they do happen we’re available to help families hold medical professionals accountable for negligent practices.