Cases that initially appear favorable to the plaintiff are often derailed once the plaintiff's own conduct is analyzed. Defendants in slip and fall cases are sure to raise the issue of comparative fault. Also called contributory negligence, the basic idea is that the victim was careless in not avoiding the danger, and shares some or all of the blame. To avoid such a defense, slip and fall victims should retain an attorney before speaking with anyone about the incident.
Settlements can also benefit the defendant if there is a reason they’d like to stay out of the public eye. For example, if only a few people are injured by a defective product, the company may like to keep major publicity away. When drafting the settlement, the defendant company may include a confidentiality requirement that the plaintiff would sign. In exchange, the company may be more likely to offer a larger settlement amount.
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I served four great years in the military including Airborne Service in Southeast Asia from 1968-1970. After leaving the military, I used the GI Bill to attend UC Davis. I married in 1978 and later graduated from McGeorge School of Law in Sacramento in 1982, the same year my son, Brant was born. I opened my own office in 1983 and started working on personal injury cases exclusively in 1987. Since then, my office has handled thousands of personal injury cases including catastrophic injury and wrongful death cases.
There are many dangerous conditions like torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor can cause someone to slip and be injured. Same goes if someone trips on a broken or cracked public sidewalks, or falls down a flight of stairs. In addition, a slip and fall case might arise when someone slips or falls outdoors because of rain, ice, snow or a hidden hazard, such as a pothole in the ground.
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.
The manner in which attorneys are compensated for representing injured plaintiffs varies by jurisdiction. For example, in the United States, attorneys often represent clients on a "contingent fee basis" in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved, with no payment necessary if the case is unsuccessful. Depending upon state regulations, a plaintiff's attorney may charge 1/3 of the proceeds recovered if a case is settled out of court or 40 percent if the matter must be litigated. Attorney fees are negotiable before hiring an attorney.
Florida Injury Law Firm has provided outstanding service and results for years. Our firm has recovered more than $100 million in personal injury damages, and our attorneys are Lifetime Members of the Million Dollar and Multimillion Dollar Advocates Forum®, "The Top Trial Lawyers in America." We use an aggressive approach when handling our clients' cases, and we also provide personal attention and support to our clients as they go through some of the most difficult times in their lives. If you are in need of a superior expert personal injury lawyer specialist to assist you and to fight for the compensation that you deserve, look no further than Florida Injury Law Firm.
The design of vehicles has also evolved to improve protection after collision, both for vehicle occupants and for those outside of the vehicle. Much of this work was led by automotive industry competition and technological innovation, leading to measures such as Saab's safety cage and reinforced roof pillars of 1946, Ford´s 1956 Lifeguard safety package, and Saab and Volvo's introduction of standard fit seatbelts in 1959. Other initiatives were accelerated as a reaction to consumer pressure, after publications such as Ralph Nader's 1965 book Unsafe at Any Speed accused motor manufacturers of indifference towards safety.
Thus, an easy way to think about landowner liability for slip and fall accidents is to split it into two tracks: liability for people who were invited onto the property and liability for people who were not invited onto the property. Landowners owe people who were invited onto the property (invitees and invited licensees) the duty to prevent slips and falls. For people who were not invited onto the property (uninvited licensees and trespassers), landowners owe no such duty.
The insurance company's fear of this possibility is the major reason they typically want you to give up your right to sue and accept a settlement. Turning them down and taking the case to court means you could very easily end up being compensated much more than if you had settled out of court and given up your right to sue. In addition, you may be able to win an award for pain and suffering beyond that which was offered initially or even be awarded punitive damages.
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.
Before accepting a new case, a personal injury lawyer will normally interview a prospective client and evaluate the client's case to determine the basic facts and potential legal claims that might be made, identify possible defendants, and evaluate the strength of the case. A lawyer may decline to accept a case if the lawyer believes that the legal claims will not succeed in court, if the cost of litigation is expected to exceed the amount that can reasonably be recovered from the defendants as compensation for the client's injury.