If there is no settlement, the case will proceed to trial. In order to be successful, the plaintiff will need to establish liability by proving the following to the judge or jury: (1) the defendant owed the plaintiff a duty of care; (2) the defendant breached his or her duty of care; (3) the plaintiff suffered injuries; and (4) the breach of the defendant’s duty of care was the proximate cause of the plaintiff’s injuries.
When the property in question is a retail business, there may be an implied invitation that customers are invited to visit the business or patronize a restaurant or hotel. The property owner or business owner has a responsibility to check for any unsafe conditions such as spills on the floor or loose railings on stairs and to provide adequate warning of the hazards if they cannot be fixed promptly.

^ 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.


In order to be held liable for a slip and fall in most states, a property owner or occupant (or an employee) must be found negligent. This means that the owner or occupant must have caused the spill or other hazardous surface, know of the hazardous surface and have done nothing about it, or should have known of the hazardous condition and failed to do anything about it.
Although there may be good reasons to use another form of business organization, there are also advantages to “going it alone" with a sole proprietorship. Mainly for the purpose of protecting personal assets from business obligations or potential lawsuits, many experts advise the formation of an LLC or a corporation. However, for various reasons, many business owners opt to run their business as a sole proprietorship. Sole proprietorship advantages include:
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. If we do not win, you will not be responsible for attorney's fees, court costs, or litigation expenses. If you do win, these expenses and unpaid medical bills will be taken from your share of the recovery.
This phenomenon has been observed in risk compensation research, where the predicted reductions in collision rates have not occurred after legislative or technical changes. One study observed that the introduction of improved brakes resulted in more aggressive driving,[23] and another argued that compulsory seat belt laws have not been accompanied by a clearly attributed fall in overall fatalities.[24] Most claims of risk compensation offsetting the effects of vehicle regulation and belt use laws have been discredited by research using more refined data.[15]

Some jurisdictions offer no fault compensation systems for personal injury cases, or types of personal injury cases, whereby an injured person can recover compensation from a fund or insurance program without regard to who is at fault for the person's injury. For example, in the United States, most injuries that occur while the injured person is working for an employer are compensated through a no-fault workers' compensation system. In New Zealand, the Accident Compensation Corporation provides no-fault compensation to all accident victims (including medical malpractice), and personal injury lawsuits are rare (except in cases of reckless conduct).[13] Proponents of this system say that it results in faster, fairer awards to victims. In practice, it allows people to engage in behavior they otherwise wouldn't out of fear of legal liability, such as putting out a trampoline for neighborhood kids to use.[14]

Auto accidents happen and, far too often, the result of these accidents is pain, injury, lost productivity, and future pain and problems for the people involved. In fact, many people who are involved in an auto accident have injuries that they don’t even know about because the symptoms can take weeks to manifest. That’s why it’s so important to make sure that you quickly seek qualified medical care after you have been in an accident — even if you feel fine.


Apartment tenants burned because a landlord didn’t install and/or maintain proper fire safety equipment and enable proper fire safety measures, a scalding beverage, faulty electrical wiring, and many other hazards can cause horrific burns. Whether it’s one that heals or a burn that causes lifelong scarring and trauma, you have a right to hold the negligent party accountable for injuring you.
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Slip or trip and fall cases are some of the hardest cases to prove because generally there is little evidence for a victim to go on. The victim will not typically know for instance how long a hazard was present before he was injured. It is important to hire a slip and fall lawyer so that the lawyer can immediately begin investigating and request that the property owner preserve all evidence and start talking to witnesses, including employees.
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.
That depends on you. The insurance company will likely offer you a low settlement quickly to try to pressure you to sign away your rights. Keep in mind that if you are coping with a serious injury, there is no way to know immediately what your future costs may be and how your life will be affected. Ideally, you should wait until your doctor decides you have reached maximum medical improvement so you can more accurately assess your situation.
In the United States, personal injury in the sense of "bodily injury" to others is often covered by liability insurance. Most businesses carry commercial general liability policies. Different states have different rules regarding auto insurance, but generally, a driver's liability insurance is available to compensate others whom that driver may inadvertently injure, and uninsured or underinsured motorist coverage is available to compensate the driver for injuries inflicted upon the driver by someone else. Therefore, an insurance company will provide a legal defense to the defendant and may settle with the plaintiff (victim).

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.


Trial: When a case can’t be settled, it goes before a judge and jury. It is during this time that your attorney will argue your case, which includes interviewing expert witnesses. Given our track record of securing millions upon millions of dollars in jury verdicts, insurance companies and other parties oftentimes aren’t excited about having to face Morgan & Morgan in a courtroom. In fact, our law firm has a mock courtroom in which our lawyers regularly conduct trial practice. Your legal team isn’t afraid of a courtroom.
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.

Adjudication Administration of justice Criminal justice Court-martial Dispute resolution Fiqh Lawsuit/Litigation Legal opinion Legal remedy Judge Justice of the peace Magistrate Judgment Judicial review Jurisdiction Jury Justice Practice of law Attorney Barrister Counsel Lawyer Legal representation Prosecutor Solicitor Question of fact Question of law Trial Trial advocacy Trier of fact Verdict
A surprising number of people suffer broken bones, head injuries, neck injuries and other serious from slip and fall accidents on slick floors, stairs, uneven sidewalks and icy parking lots. Some of the injuries can be life-altering, forcing the injured person to adapt to a new life. A slip and fall injury may occur at a personal residence, at a store or business, or on a public sidewalk or in a parking lot.

Road injuries resulted in 1.4 million deaths in 2013 up from 1.1 million deaths in 1990.[2] This is about 2.5% of all deaths.[2] In 2004 50 million more were injured in motor vehicle collisions.[4][78] India recorded 105,000 traffic deaths in a year, followed by China with over 96,000 deaths.[79] 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)[80] and the sixth leading preventable cause of death in the United States[81] (45,800 people died and 2.4 million were injured in 2005).[82] 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.[83]

For automobile accidents in California, a plaintiff must show proof of financial responsibility (California Vehicle Code sections 16000-16078) and have a valid driver's license to claim economical and non-economical damages. Proving the minimum financial responsibility means that a person must be insured by the state's minimum coverage of insurance, which in some cases may be referred to "limited liability" type of insurance. If the person at fault cannot prove financial responsibility, a plaintiff may be unable to obtain damages as the person at fault may not be properly financially able to pay for those damages.
A surprising number of people suffer broken bones, head injuries, neck injuries and other serious from slip and fall accidents on slick floors, stairs, uneven sidewalks and icy parking lots. Some of the injuries can be life-altering, forcing the injured person to adapt to a new life. A slip and fall injury may occur at a personal residence, at a store or business, or on a public sidewalk or in a parking lot.
In 2013, 54 million people worldwide sustained injuries from traffic collisions.[1] This resulted in 1.4 million deaths in 2013, up from 1.1 million deaths in 1990.[2] About 68,000 of these occurred in children less than five years old.[2] Almost all high-income countries have decreasing death rates, while the majority of low-income countries have increasing death rates due to traffic collisions. Middle-income countries have the highest rate with 20 deaths per 100,000 inhabitants, accounting for 80% of all road fatalities with 52% of all vehicles. While the death rate in Africa is the highest (24.1 per 100,000 inhabitants), the lowest rate is to be found in Europe (10.3 per 100,000 inhabitants).[3]
Comparative negligence is used in personal injury cases to determine what percentage of fault rests with the plaintiff and what percentage rests with the defendent. For example, the state of Georgia has what is called "Modified Comparative Negligence". This means that the amount of damages a plaintiff is awarded will be reduced by their percentage of fault for their accident. However, if the court determines that the plaintiff was at least 50% at fault for their accident, they are not eligible to receive any compensation.
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, each state has different statutes of limitation, and within a state different types of injuries may have different statutes of limitation. Rape claims, for example, often have a much longer statute of limitation than other injuries. In some states such as Colorado, the statute of limitations starts to run once the injury is discovered. For example, if you were in a car accident and then 6 months later started having severe back problems, the statute would start when you noticed the injury.
Articles written by attorneys and experts worldwide discussing legal aspects related to Tort and Personal Injury including: animal bites, asbestos mesothelioma, back and neck injury, bicycle accident, birth injury, brain injury, burn injuries, catastrophic injuries, construction accidents, construction injuries, defamation, libel and slander, defective products, industrial injuries, mass tort, negligence, nursing home abuse, pedestrian accident, personal injury, premises liability, product liability, sexual abuse, slip and fall, spinal cord injury, torts, toxic mold, toxic torts, workplace injuries and wrongful death.
Easy access to high quality diagnostic imaging can make a world of difference in the diagnosis and treatment of car accident injuries. One of the reasons why we’re the best auto accident injury doctors in Oklahoma City, OK is because we have a wide range of top-of-the-line diagnostic imaging systems on site. Our facility is able to provide you with traditional x-rays, ultrasounds, and CT scans, but we also have an “open MRI” system designed with comfort and versatility in mind. We can also provide you with high speed electron-beam CT scans that can capture images not possible by traditional CT scans.
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.

George Salinas and his team are very helpful and took care of my case in a time that was very stressful and scary for me… and my family. They made sure that I received a fair settlement, and always kept me informed on my case. I never felt like I was in the dark and always felt his team was honest with me. My case was long and stressful but they got me through it. I would recommend his law office to everyone.more »
PersonalInjuryLawyer.com is here to help. We’ve got hundreds of articles to help you understand every aspect of the insurance settlement or personal injury lawsuit process, plus in-depth information on everything from defamation and dog bites to slip-and-fall cases. You can educate yourself on every aspect of your claim, or just get a general sense of what to expect. And if you’re ready to discuss your case with an experienced personal injury attorney in your area, we can help with that too.

MY LAWER TREATED ME LIKE A PERSON NOT A PAYCHECK. GEORGE ALSO GAVE ME HIS PERSONAL PHONE NUMBER SO I COULD CALL ANYTIME.… GEORGE WOULD EITHER ANSWER THE PHONE CALL BACK THE SAME DAY WITHIN A COUPLE OF HOURS OR WORST CASE THE NEXT DAY. THIS IS THE BEST LAWYER I HAVE HAD AND WILL RECOMMENDED HIM TO ALL MY FRIENDS AND FAMILY. I WISH MORE LAWERYS WERE LIKE GEORGE. AFTER BEING BURNED IN THE PAST WITH SEVERAL DIFFERENT LAWERYS GEORGE RENEWED MY FAITH THAT THERE ARE STILL SOME HONEST AND FAIR LAWERYS.more »
"Slip and fall" is a term used for a personal injury case in which a person slips or trips and is injured on someone else's property. These cases usually fall under the broader category of cases known as "premises liability" claims. Slip and fall accidents usually occur on property (or "premises") owned or maintained by someone else, and the property owner may be held legally responsible.
A claim for injury due to a slip and fall accident is a tort action in the United States. Generally, an individual suffers harm due to slipping and falling while on anothers property. The property may be public or private property, although most slip and fall claims are based on accidents that occurred on private property (such as a business). The person at fault, or liable for the accident, may be the owner of the property where the accident occurred. The injured party filing a claim will usually be seeking monetary damages for injuries sustained due to the slip and fall.

Personal injury lawyers often have investigative staff at their disposal that can help with your personal injury claim. They can help recreate the accident and use the information at trial, or in negotiations with the carrier to get you the best possible settlement or verdict. Private investigators are just as important as the personal injury attorneys as they arm the personal injury lawyer with the information necessary to pursue your claim.
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