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.
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.
Loss of consortium. In personal injury cases, "loss of consortium" damages typically relate to the impact the injuries have on the plaintiff's relationship with their spouse -- the loss of companionship or the inability to maintain a sexual relationship, for example. Some states also consider the separate impact on the relationship between a parent and their child when one is injured. In some cases, loss of consortium damages are awarded directly to the affected family member rather than to the injured plaintiff.
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.
In smaller injury cases, especially when the lawyers know each other, one lawyer will just pick up the phone and talk settlement. The plaintiff’s lawyer may or may not write an actual demand letter. Then, the defense attorney may or may not respond with a counteroffer. If the defense thinks that the demand was too high, he/she may simply ignore the demand or may say that the demand is too high and that the insurer will not make a counteroffer. If the defense does make a counteroffer, then the bargaining begins. Sometimes the lawyers can settle it, sometimes not. If they can’t settle, they will likely go to mediation.
In gathering sufficient evidence that accurately represents your condition, you are providing information the court (or even an insurance adjuster) could use to estimate how much money you should get for pain and suffering. In court there generally isn’t a single, standard calculation used to assess a dollar amount on pain and suffering, although you will read about a “multiplier” calculation around the internet. Essentially, a jury could award compensation for pain and suffering based on fairly subjective factors, such as the credibility of the plaintiff’s testimony and whether they even like the plaintiff. Having records and related evidence can help bolster your case for pain and suffering compensation in the face of these subjective factors.
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 »
Once a civil lawsuit has been filed, serious settlement discussions will almost never begin until the defense attorney has done all of the pretrial investigation (“discovery”) that he/she wants to do. This includes discovery tools like interrogatories and depositions. Insurance companies will rarely if ever want to engage in serious settlement negotiations until they have all of the facts that they need to make a decision.
The term “slip and fall” applies to a broad range of cause for injuries a person may suffer when someone slips, trips or falls when coming into contact with an unreasonably dangerous or hazardous condition on someone else’s property. Some more common causes of slip and fall accidents are the result of water, ice or snow, foreign substances on commercial establishment floors as well as abrupt changes in flooring, poor lighting, or a non-obvious dangers, like a gap or hard to see hole in the ground. According to the National Center for Injury Prevention and Control, more than 8 million people were injured in falls in the year 2004 alone.
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.
"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.
Like we said, most of the time, personal injury cases will settle outside of court. The best thing you can do if you’ve been injured because of the negligent actions of another, is to contact a personal injury attorney. A lawyer will be able to help you navigate the process, and advise you on whether or not an offer is fair. At Schultz & Myers, our attorneys exclusively practice personal injury law, so we are experienced in looking into every possible avenue to ensure that you get the compensation you deserve.
Many personal injury claims, especially ones involving car accidents, are resolved before a lawsuit is filed. As your attorney negotiates with the insurance company representing the party who injured you, a monetary offer may be presented to your attorney to settle the case. If a settlement offer is made, your attorney will inform you about the offer and give his or her opinion on whether you should accept it. You ultimately decide if the settlement is acceptable. Click here to learn about how much your personal injury case is worth.