We can then seek just compensation for your medical expenses, lost wages, pain and suffering and other damages by dealing directly with the insurance companies on your behalf. We can seek a financial recovery for you through the at-fault driver’s liability coverage and, if necessary, turn to your own uninsured/underinsured motorist (UM / UIM) coverage.
In most cases, a person injured in a slip and fall on someone else's property must prove that the cause of the accident was a "dangerous condition," and that the owner or possessor of the property knew of the dangerous condition. A dangerous condition must present an unreasonable risk to a person on the property, and it must have been a condition that the injured party should not have anticipated under the circumstances. This latter requirement implies that people must be aware of, and avoid, obvious dangers.
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.
Fraudulent automobile accidents occur more frequently in urban areas where there is a greater volume of vehicles, and also in wealthier communities because drivers there are perceived to have better insurance companies. Criminals often target new, rental, or commercial vehicles because they tend to be well-insured. Further, criminals prey upon women driving alone and senior citizens, as they are thought to be less confrontational at accident schemes.
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.
If your case is not settled, the next step is for the person who has been injured to file a lawsuit. The person filing the suit is called the plaintiff, and the document the plaintiff files is usually called a complaint. The party being sued is called the defendant. A third party serves the complaint on each of the defendants, and the defendants have a specified time to reply to it, such as 20 to 30 days. This reply is usually called an answer. All documents, including the complaint and the answer, are filed with a local court. The plaintiff usually chooses the court, although, under certain circumstances, a defendant may seek to have the lawsuit moved to a different court.
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.
The amount and kind of damages you may be entitled to depend on the facts of your case. In Florida, there are two different types of damages: economic damages and non-economic damages. Economic damages consist of past and future medical care costs and past and future lost wages. Non-economic damages consist of past and future pain, suffering, mental anguish, loss for the capacity to enjoy life and inconvenience.
In the United States, individuals involved in motor vehicle collisions may be held financially liable for the consequences of a collision, including property damage, and injuries to passengers and drivers. Where another driver's vehicle is damaged as the result of an accident, some states allow the owner of the vehicle to recover both the cost of repair for the diminished value of the vehicle from the at-fault driver. Because the financial liability that results from causing an accident is so high, most U.S. states require drivers to carry liability insurance to cover these potential costs. In the event of serious injuries or fatalities, it is possible for injured persons to seek compensation in excess of the at-fault driver's insurance coverage.
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.
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 should seek prompt medical treatment if you have suffered serious injuries on another’s property. If your injury does not require urgent medical treatment, you should still seek a prompt medical evaluation within 72 hours after an accident on another person’s property. You should explain to the doctor how your injuries occurred. The doctor’s report provides an independent evaluation of your injuries. Insurance adjusters will rely upon the medical report in evaluating your claim.
Finally, your own auto insurance policy also provides limited benefits for lost wages. These Income Continuation Benefits pay for lost wages for a minimum of 52 weeks in the amount of $100 or more per week. This amount can be greatly increased in both weekly amount and time period of payments by selecting available options. These benefits receive a credit for any Temporary Disability Benefits you are entitled to receive (whether or not you actually receive them). Therefore, you must apply for Temporary Disability Benefits immediately upon stopping work.
On the opposite end of the tort spectrum, there are scenarios in which defendants will be liable even though they did everything possible to avoid causing the harm. This is referred to as strict liability. The law will hold a defendant strictly liable if someone is hurt while the defendant is engaging in a highly dangerous activity, even if the activity is legal and all precautions are taken. Building demolition and transporting hazardous materials fall into this category.
The following car accident facts break it down by county. The majority of those crashes – 69 percent – occurred in Cook County and its five bordering counties. As these stats show, driving can be especially dangerous in Chicago and surrounding areas, which may be due in part to the high volume of traffic, heavy road construction and large number of pedestrians and bicyclists who share the road with vehicles in our region:
Many injuries can be minor, at first, and then escalate. Many people avoid getting treatment, or hiring an attorney, because they think their injuries are minor. Then, later, the injuries get worse, and so too does the pain. Many injuries have symptoms masked, due to a rush of adrenaline. As the adrenaline in your body wears off, the symptoms from the injury start appearing. You start feeling the pain, and noticing the injuries. It’s crucial you get medical attention so that you can make sure your ok. Afterwards, it could be beneficial to speak to an attorney to understand what you may be entitled to.
However, a personal injury lawyer deals with these cases on a routine basis and can help identify a more accurate estimate of the real and long-term effect of injuries, such as a loss in earning capacity if the accident left the victim disabled. A personal injury lawyer may also ask an economist or actuary for help in assessing the lifetime impact of an accident.