In larger personal injury cases (and sometimes in smaller cases), the lawyers and their clients will usually attend mediation. Most courts nowadays require the parties to attend mediation to try to get the case settled. Mediation can be done with either a private mediator or a judge who is not assigned to that case. The mediator meets with all sides in the beginning, and then meets separately with the plaintiff and the defendant to see if he/she can get the parties’ numbers closer together. Mediation can go on for hours or even days. Mediation does not always work, but it has a very good track record in getting cases settled.
I recently spoke to a friend, who is a personal trainer, about diet and exercise. Her advice, while well-intentioned, was wildly off-base from a scientific standpoint. This got me to wondering, what if I had taken her advice to heart and suffered a loss? Would the consequences of choices I made about diet and exercise be mine alone or would she have some liability for her inaccurate assertions?
In some cases, a personal injury law firm may also have medical personnel on staff that can evaluate your claim and tell you what type of personal injury claim you have and also interpret the medical records that they receive from your physicians and serve as a buffer between you and the physicians. They will also be able to make sure that you are receiving the best personal care for your injuries and best serve your personal injury case by being thorough and professional.
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.
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.
Slip and falls are responsible for around 1 million emergency room visits every year. These types of injuries are also the leading cause of workers’ comp claims and the top cause of occupational injuries among those aged 15 to 24. Slip and falls can cause very serious injuries resulting in significant costs, with the estimated price tag for employee slip and fall accidents totaling around $70 million each year.
You become the plaintiff in the case and the person who injured you becomes the defendant. Lawyers for each side (and for the insurer) typically begin gathering facts through exchange of documents, written questions (interrogatories) or depositions (questions that are asked in person and answered under oath). This process is called discovery. After discovery, many cases get settled before trial. Only a small percentage of personal injury actions ever go to trial.
I am a member of Consumer Attorney's of California, The Million Dollar Advocates, The Brain Injury Association of California as well as the Capital City Trial Lawyers Association. The verdicts and settlements my office has achieved are public information and are listed for your review here. You can find out how past clients feel about us by looking at our site here or by learning what clients and other attorneys say about us on Avvo or Yelp.
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.
Another common tort involves injuries caused by defective products. Liability in these cases can be imposed based on a theory that the manufacturer acted negligently by designing and selling an unsafe product. Or, if certain elements are met, plaintiffs hurt by a defective product may be able to sue under a strict liability theory. Either way, product liability cases have the potential to become large class action lawsuits, involving many plaintiffs and enormous money judgments.
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.
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.
Conditions such as poor lighting, limited visibility, lack of company policy enforcement and lack of reasonable justification are all factors that contribute to the determination of negligence in a slip and fall case. Plaintiffs are burdened with the responsibility of proving that the liable party could have take some other action to prevent the accident but failed to do so. They must also prove that even if there was a valid reason for the obstruction to be present, that the justification was not longer valid at the time of the accident occurred, and that no preventive measures were exercised in order to prevent the occurrence. While the burden of proof rests with the plaintiff, the facts of the case will present the affirmations or declarations necessary to determine the degree of negligence involved.
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.
Property owners have a legal responsibility to maintain their property is reasonably safe condition and to provide adequate warning of any hazard or unsafe condition that cannot be quickly corrected. When a visitor to the property is injured due to an unsafe condition, inadequate security, inadequate maintenance or construction defects, the person who is injured may be entitled to seek compensation from the property owner.
Liability for injuries caused by slip and fall accidents is based in negligence. The general idea behind this theory is that all landowners owe others a duty to use reasonable care to prevent injuries on their property. However, what type of duty a landowner owes to a particular person depends upon the person’s status on the property. The state of Florida recognizes three broad classes of visitors when determining the duty that a landowner owes to them:
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.
The compensation provided by an award of damages for wrongful death can help ease the financial burdens associated with the loss of a loved one. Compensation awarded is designed to cover the lost income, leftover bills, and funeral expenses survivors face because of the death of their family member. It is also designed to help compensate for less specifically quantifiable aspects of a wrongful death, such as the sudden and unnecessary loss of someone’s spouse or parent. For example, laws will generally refer to this as something like “lost parental companionship, instruction, and guidance” for children who survive their parents.
Pedestrian Accidents: Pedestrians are often hit by cars when walking on the street or crossing the street. Often, victims of pedestrians suffer immense injuries to fast/heavy cars. Many pedestrians often assume it was their fault the got hurt – and don’t look into hiring a personal injury law firm. We recommend you speak to us, so we can conduct a full 360 investigation into the accident – and how it happened.
^ 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.
Medical records, which can show diagnoses, prescriptions, clinical visits and hospital stays, are a major way of showing both the extent and duration of recovery from an injury. This only works, though, if you are proactive about your treatment and communicate with your physician in a comprehensive manner. It can also be helpful to take photos and videos of your injuries and keep written records of your symptoms.
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
A personal injury settlement occurs when your attorney and opposing counsel come to agreement on the damages you’ll get to cover medical bills, lost wages, and other expenses. Your actual settlement amount will vary depending on a host of circumstances, including your level of injury, the type of accident, your employment situation, and what sort of bills you’ve incurred as a result of someone else’s negligence. Your attorney will fight for you at no upfront cost with no hourly fees, but will take a reasonable fee from your final recovery.
I was referred to the law firm and I’m glad I was. I met the George originally when I first brought my case and he got… to work right away because we were up against a tight deadline for my personal injury claim from an accident that occurred almost two years from the time I met him. From there I began to work with Amanda Carollo. She and the team at the law office were great. They kept in touch with me throughout the entire process leading up to and after my meditation. The process went very smoothly and I would definitely recommend them to anyone who needs a referral to a good law office.more »
An RAC survey of British drivers found 78% of drivers thought they were highly skilled at driving, and most thought they were better than other drivers, a result suggesting overconfidence in their abilities. Nearly all drivers who had been in a crash did not believe themselves to be at fault. One survey of drivers reported that they thought the key elements of good driving were:
Conversely, a location that does not look dangerous may have a high crash frequency. This is, in part, because if drivers perceive a location as hazardous, they take more care. Collisions may be more likely to happen when hazardous road or traffic conditions are not obvious at a glance, or where the conditions are too complicated for the limited human machine to perceive and react in the time and distance available. High incidence of crashes is not indicative of high injury risk. Crashes are common in areas of high vehicle congestion, but fatal crashes occur disproportionately on rural roads at night when traffic is relatively light.
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.
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.
Unlike other lawyers, personal injury lawyers don’t charge an hourly rate. Instead, they accept a percentage of their client’s compensation for punitive damages as payment. In high profile cases, personal injury lawyers may earn as much as 40% of their winning client’s compensation. Payment is made on a contingency basis meaning the plaintiff only pays if the lawyer recovers money on his behalf.