In some jurisdictions, or by virtue of the retainer agreement between an attorney and client, the amount of the legal fee may vary depending upon whether a case settles before a lawsuit is filed, after a lawsuit is filed but before trial, or if the case goes to trial. For example, a retainer agreement might provide that a lawyer will receive a 33 and 1/3% contingency fee if a case settles before a lawsuit is filed, and a 40% contingency fee if the case settles after the lawsuit is filed.
Your attorney will research your case at this stage to fully understand how you were injured and the extent of your injuries, damages, and costs. He or she will then contact and deal with the insurance company directly and possibly with the attorney representing the party who injured you. Your attorney will keep you aware of any negotiations and significant developments throughout the lawsuit process. Your focus should be on getting the medical attention you need and returning to your normal routine.
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In the early 1970s, British Leyland started an intensive programme of vehicle safety research, producing a number of prototype experimental safety vehicles demonstrating various innovations for occupant and pedestrian protection such as air bags, anti-lock brakes, impact-absorbing side-panels, front and rear head restraints, run-flat tires, smooth and deformable front-ends, impact-absorbing bumpers, and retractable headlamps. Design has also been influenced by government legislation, such as the Euro NCAP impact test.
Whether someone acted negligently will depend on what they knew. This is especially true in slip and fall cases, as the defendant's knowledge of the dangerous condition will usually be determinative. The plaintiff is entitled to find out what the defendant knew through a procedure called discovery. During discovery, the defendant can be forced to turn over maintenance records, repair logs, surveillance video, and other such items.
Deposition testimony is crucial in a negligence case. By securing this evidence early in the litigation, both the plaintiff and the defendant gain an understanding of the circumstances that led to the accident and the degree of fault that can be attributed the defendant. Taking into account the severity of the injury, both sides can then determine what they believe the case is worth, and settlement negotiations will ensue.
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.
Road injuries resulted in 1.4 million deaths in 2013 up from 1.1 million deaths in 1990. This is about 2.5% of all deaths. In 2004 50 million more were injured in motor vehicle collisions. India recorded 105,000 traffic deaths in a year, followed by China with over 96,000 deaths. This makes motor vehicle collisions the leading cause of injury and death among children worldwide 10–19 years old (260,000 children die a year, 10 million are injured) and the sixth leading preventable cause of death in the United States (45,800 people died and 2.4 million were injured in 2005). In the state of Texas alone, there were a total of 415,892 traffic collisions, including 3,005 fatal crashes in 2012. In Canada, they are the cause of 48% of severe injuries.
We’re proud to say that our personal injury lawyers in Los Angeles, are recognized as leaders in the state of California. Our firm has won millions, in compensation for our clients. We’ve been recognized by many lawyer ranking platforms, like Super Lawyers, Million Dollar Advocates Forum, and many others. Our founding partner, Joel Farar – was named a 2012-2016 Super Lawyers Rising Star – which is an honor given to only 2.5% of the top personal injury attorneys in California.
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.
Once negligence has been established in a personal injury case, the defendant must pay the plaintiff for all injuries caused by the defendant's actions. Certain types of damages are easy to calculate, such as property damage and medical bills. For other types, such as emotional distress and loss of earning capacity, expert testimony may be required. Punitive damages, meant to punish and deter particularly egregious conduct, may also be available.
Reflex Sympathetic Dystrophy (RSD): RSD, also known as Complex Regional Pain Syndrome (CRPS), is a complex progressive disorder that causes extreme, debilitating pain, affecting the central nervous system. It can result from injuries sustained in auto-accidents, and if caught and treated in the early stages, it may be possible to reverse the condition. If you were in an accident from which you received a diagnosis of RSD, it is important to consult with an experienced personal injury as soon as possible.
The next thing that you will have to do for anything more than a minor claim is to choose a lawyer. You should choose the lawyer soon after the injury. You can certainly settle a small personal injury claim yourself (although a lawyer is generally useful even for smaller claims), but you will absolutely need a lawyer for any personal injury claim where you suffered significant injury or other losses.
In the increasingly chemical world, we sometimes become ill because of exposure to contaminants in the air, soil, or water, in products, or in food. Claims based on such exposure are difficult to prove, however, and often require complex scientific data. And because the chemical and other industries have erected a huge wall to protect themselves from legal exposure while they continue to expose us to potentially harmful chemicals, the required evidence is very hard to come by. Get expert help.
If you’ve been injured because of someone else’s carelessness, the first step, after getting medical treatment, is to consult an experienced personal injury attorney to get a professional opinion as to whether you have a valid claim. Bring any supporting documentation, medical records, and notes you’ve taken about your situation. Most personal injury lawyers provide free consultations, so steer clear of lawyers who charge fees just to meet with you.
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.
One thing you should keep in mind when considering a personal injury lawsuit is whether you will actually be able to recover the damages awarded to you by a court. If you file a personal injury lawsuit after a dog attack against a dog owner who has no job or other assets (such as a home or car), you may not ultimately recover any money from the dog 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.
Every person who is injured in an auto accident has unique injuries that require dedicated auto accident treatment from trained professionals. Here at Accident Care and Treatment Center, Inc., we can provide you with the exact treatment that your specific injury requires. We have the best auto accident injury doctors in Oklahoma City, OK on our staff, which means that we can provide you with a full range of comprehensive therapies and treatments all in a single location, including massage and physical therapy. This means you may not be required to drive to multiple medical offices to receive treatment for your auto accident injuries.
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.
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.
Some of these damages are economic, such as medical bills and lost wages. Others are noneconomic, such as pain and suffering and diminished quality of life. Economic damages are generally easy to calculate. Noneconomic damages are more difficult to calculate, and you may need to consult with an experienced personal injury lawyer to make reasonable estimates.
Even a 5 MPH collision could cause a variety of damage to the back, neck and spine. Regardless of how simple you think your case is, you should always engage the services of a personal injury attorney. You should never go through this minefield yourself. In most cases, there is no charge to you if the lawyer doesn’t recover any money, so there is no risk to you in engaging counsel as soon as possible.
My staff and I are experienced auto accident attorneys and are ready to guide you through the necessary steps to recover from an automobile accident in Florida. If you are involved in an automobile accident, Dan Newlin Injury Attorneys can advise you on what Florida Laws apply to auto accidents and automobile negligence, and the several options available to victims of auto accidents who have suffered injuries and/or damage to their vehicle.