My philosophy is that my clients are courageous people who temporarily have been removed from their normal life due to the failure of someone else to abide by important safety rules. My job is to help you find sources of income if you are temporarily out of work and also facilitate the recovery from your accident with some measure of grace and ease. Ideally, we can work together to help you go from a breakdown to a breakthrough. Obtaining justice for my injured clients is my top priority.
For example, you might have been treated and released from the hospital emergency room. The other driver’s insurance company may want you to agree to a quick settlement for the medical expenses you incurred up to that point. However, from a medical standpoint, you may not be fully aware of the extent of your injuries. Sometimes the symptoms of injuries don’t appear for weeks, even months, after a car accident. If you enter into a quick settlement with the insurance company, and then find out that you need more medical treatment for your injuries, you cannot go back to the insurance company and ask for additional compensation.
A slip and fall injury, also known as a trip and fall, is a premises liability claim, a type of personal injury claim or case based on a person slipping (or tripping) on the premises of another and, as a result, suffering injury. It is a tort. A person who is injured by falling may be entitled to monetary compensation for the injury from the owner or person in possession of the premises where the injury occurred.
The third situation is the most common, but is also less clear-cut than the first two because of those pesky words "should have known." Liability in these cases is often decided by common sense. Judges and juries determine whether the owner or occupier of property was careful by deciding if the steps the owner or occupier took to keep the property safe were reasonable.
In the UK, research has shown that investment in a safe road infrastructure program could yield a ⅓ reduction in road deaths, saving as much as £6 billion per year. A consortium of 13 major road safety stakeholders have formed the Campaign for Safe Road Design, which is calling on the UK Government to make safe road design a national transport priority.
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."
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.
Every personal injury lawsuit is unique, but there are common elements that every person suing (called the plaintiff) and the person being sued (called the defendant) can expect to encounter. This article discusses the major litigation landmarks and processes the plaintiff and defendant can expect, from the beginning of the lawsuit to its resolution.
You would file a personal injury lawsuit in this instance to pursue compensation for immediate medical bills that stem from the crash and future medical expenses, such as rehabilitation. There are also damages available for lost wages, because of an inability to work and the lost ability to work in the future, along with compensation for the physical and emotional suffering you’ve endured.
Medical Bills Those involved in a personal injury accident might need to get medical care. This can include tests, treatment, hospital stays, and outpatient care to address immediate injuries. However it doesn’t always end there. Medical care could also be required on an ongoing basis, especially if there are serious or permanent injuries. Overall, this can be expensive. The injured can face medical bills that are thousands or even hundreds of thousands of dollars. Damages assessed against the defendant in a settlement or trial should, ideally, cover all of this.
Premises liability is a complex area of Colorado personal injury law that applies to injuries caused by a business property owner, homeowner or landowner’s disregard for safety. In some instances, property owners are responsible for injuries, and in others they are not. Your right to file a premises liability claim in Colorado depends partly on whether you were an invited guest to the property, a customer at a retail business or a trespasser on the property. If you have an injury that you believe was caused by a property owner, you should speak with a knowledgeable Colorado premises liability attorney or our Denver slip and fall lawyer today.
^ Lawyers Cooperative Publishing. New York Jurisprudence. Automobiles and Other Vehicles. Miamisburg, OH: LEXIS Publishing. p. § 720. OCLC 321177421. It is negligence as a matter of law to drive a motor vehicle at such a rate of speed that it cannot be stopped in time to avoid an obstruction discernible within the driver's length of vision ahead of him. This rule is known generally as the `assured clear distance ahead' rule * * * In application, the rule constantly changes as the motorist proceeds, and is measured at any moment by the distance between the motorist's vehicle and the limit of his vision ahead, or by the distance between the vehicle and any intermediate discernible static or forward-moving object in the street or highway ahead constituting an obstruction in his path. Such rule requires a motorist in the exercise of due care at all times to see, or to know from having seen, that the road is clear or apparently clear and safe for travel, a sufficient distance ahead to make it apparently safe to advance at the speed employed.
That is why you want to have your own team of experts in your corner when dealing with these companies. Insurance companies, whether it is your own carrier, or that of the other driver, are going to protect their own interests first. They may try to nickel and dime you wherever possible and save the company money, to your own detriment. That is why it is optimal to have your personal injury attorney to represent you in these negotiations. You never want to do anything on your own other than report the fact that you had an accident.
Car Accidents: Automobile accidents injure thousands of people every day. As reported by the National Highway Traffic Safety Administration (NHTSA), for 2013, on average, 6,337 people were injured daily in traffic crashes in the U.S. If you have been hurt in a car accident that was someone else’s fault, our firm can help you pursue the compensation you are entitled to receive.
Our personal injury law firm will also help you address the non-economic losses associated with your accident. What does this mean? If you or a loved one suffered a serious injury, you may be dealing with emotional stress, psychological stress, pain, suffering, and loss of enjoyment of life. Although these damages are not financial, you may deserve monetary compensation for them as well.
Under the law, victims of car accidents are entitled to compensation for property damage, medical bills, lost wages, pain and suffering, and for permanent injury or disfigurement. Statistics demonstrate that accident victims who retain a lawyer receive on average three times the compensation paid to individuals who are not represented by legal counsel. Also, be aware that adjusters and insurers may try to take advantage of victims who are not represented by an attorney experienced in accident law.
The Stark & Stark accident attorneys will fight to recover all the benefits you deserve. As a result of our experience in representing clients in motor vehicle accident matters, and through careful assessment and preparation, our experienced accident lawyers help victims and their families obtain cash settlements for lost wages, medical expenses, and pain and suffering. Sometimes these positive outcomes are achieved only by going to trial. However, in most cases our accident attorneys are able to obtain favorable settlements outside of the courtroom, making the experience less stressful for our clients.
DISCLAIMER: Completing and submitting this form or otherwise merely contacting Leontire & Associates, P.C. or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with Leontire & Associates, P.C.. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar Leontire & Associates, P.C. from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.
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.
Likewise, the property owner may claim that the injury was caused by the injured party. Individuals are required to exercise due care to avoid injuring themselves. If they do not exercise care, others cannot be held accountable for their own negligence. An example may be if the injured party saw the other patron spill liquid on the floor and then stepped directly in the liquid instead of waiting for it to be cleaned up or walking around it.
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.
Most cases settle before trial. At any point in the process described above, the parties can settle and end the case. In fact, the plaintiff can send the first settlement offer before the complaint is ever filed. What is more typical, particularly if the initial evidence establishing liability and/or damages is inconclusive, is that a settlement is reached after the discovery process has gone on for a while.
Many personal injury lawsuits never make it to trial. It is almost always in the best interests of all parties involved to settle a personal injury lawsuit as quickly as possible to save time and resources. A settlement is also an opportunity for both parties to potentially benefit; the defendant may be willing to pay a little more than expected in exchange for a speedy resolution to the matter. Similarly, the plaintiff may be willing to forego a bit of compensation to get his or her money faster.
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.
After the accident: failure to mitigate damages. The law in most states expects plaintiffs in personal injury cases to take reasonable steps to minimize or "mitigate" the financial impact of the harm caused by the accident. If an injured plaintiff just sits back and rests on their proverbial laurels when it isn't reasonable to do so (by failing to get necessary medical treatment after an accident, and making their injuries much worse, for example) a damages award might be significantly reduced. (For more information on defense strategies that can counter an injury claim, read Nolo's article Defenses in Personal Injury Cases.)
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