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).
Arizona awards compensation for personal injury and property damage cases based on the rule of “comparative negligence.” Under comparative negligence, a jury will determine the level of fault both parties played in causing the accident. If you have filed a claim for $1,000 and it has been determined that you were 20 percent responsible for causing the accident, you would be awarded $800.
If you've been injured in a slip and fall on someone else's property and are considering a legal claim, you should discuss your case with an experienced attorney. You should do so quickly, as there are time limits in which injured persons may file a personal injury lawsuit. Get started today by finding an experienced personal injury lawyer near you.
Your vehicle might have had a faulty brake light, or the road conditions might have been unsafe. On your own, you will probably not be able to tell exactly which parties were responsible for the crash. An experienced auto accident attorney can help you with a thorough investigation into your accident and help you determine who is legally responsible for the crash.
Farar & Lewis LLP is a top rated law firm, with over 30 years of combined experience. Our attorneys have won over $50 million, in combined verdicts and settlements for our clients. Our firm was founded on the concept of concierge customer service. Everything we do revolves around helping our clients get the best possible outcome. Almost all of our clients work with one of our founding partners, which ensures the highest level of service and success. We recognize that you’re trusting us with your future, and your families future — we take this responsibility seriously. As a result, we take on fewer clients than most other firms – in order to provide the highest levels of service.
Motor vehicle accidents including car accidents, motorcycle accidents and truck accidents are the most common type of personal injury claim. These claims are typically based on the theory of negligence. In most Illinois motor vehicle accidents, the injured party, the plaintiff, must establish the negligence the defendant in order to seek civil damages. Furthermore, the plaintiff must show that the defendant’s negligence was the proximate cause of both the accident and the plaintiff’s injuries. A chicago car accident attorney can help guide you through this process.
If you have lost a loved one in an accident that was caused by someone else’s negligence, you may be able to pursue compensation in a wrongful death claim. Depending on the circumstances of the case, surviving spouses, children, parents, and representatives of the estate may have the right to file such a claim. Compensation that can be recovered in a wrongful death claim includes medical expenses, funeral expenses, lost wages and benefits, loss of companionship, and punitive damages.
If insurance applies, and the defendant must notify the insurance company as soon as he or she knows about the lawsuit (which is a strict requirement in insurance policies). The insurance company will then supply and pay for its own lawyer if the defendant has not already hired one. Defense attorneys work for an hourly rate, not a contingency fee, so if the defendant can afford to pay out-of-pocket, a “losing” case headed for early settlement is not a deterrent to taking the case on.
Unlike other areas of the law that find their rules in statutes (such as penal codes in criminal cases), the development of personal injury law has taken place mostly through court decisions, and in treatises written by legal scholars. Many states have taken steps to summarize the development of personal injury law in written statutes, but for practical purposes court decisions remain the main source of the law in any legal case arising from an accident or injury.
A personal injury is different than property damage. If you were involved in a minor fender bender that caused only minimal damage to your vehicle and you suffered no injuries to your body or psyche, you have not suffered a personal injury. In this scenario, an insurance company or a small claims court may provide you with a remedy. However, you do not have a legally recognized basis for a personal injury lawsuit.
Medical Bills Those involved in a personal injury accident might need to get medical care. This can include tests, treatment, hospital stays, and outpatient care to address immediate injuries. However it doesn’t always end there. Medical care could also be required on an ongoing basis, especially if there are serious or permanent injuries. Overall, this can be expensive. The injured can face medical bills that are thousands or even hundreds of thousands of dollars. Damages assessed against the defendant in a settlement or trial should, ideally, cover all of this.
It can be difficult to tell what caused an auto accident. Far too many individuals automatically assume that the crash was their fault simply because they do not have the full range of facts necessary to understand the accident. People often contact an attorney if they can tell that another driver involved in the crash was drunk or was driving recklessly. However, many other factors that you cannot easily see could have contributed to the incident.
At Accident Care & Treatment Center, Inc., we are Oklahoma City’s leader in experienced, comprehensive and effective medical care for auto-accident injuries. Our medical doctors focus exclusively on auto injuries. We have developed the area’s most complete medical injury treatment program along with a large volume of experience and expertise treating all sorts of auto accident related injuries.
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.
For personal injury cases, The Sawaya Law Firm does not charge clients upfront to get started working on their claims. We will handle your claim on a contingency fee basis, meaning our legal fees will come as a percentage of the compensation you receive at the conclusion of your case. If we do not win compensation for you, we do not charge any fees.
Generally, property owners and occupants owe a duty to use reasonable care to maintain any property under their control. This duty is usually owed to those on the property lawfully, such as a business' customers or social guests who have been invited. To meet the standard of care, the property owner or occupant will have to regularly check for spilled substances or uneven surfaces. In many states, this duty does not extend to trespassers.
A slip and fall victim is also permitted to gather sworn testimony regarding what happened. The plaintiff does not need to wait until trial to learn what the witnesses will say. This is accomplished by conducting depositions (recorded interviews). Subpoenas can be issued to the defendant and other parties to show up to be deposed at the office of the plaintiff's attorney, and to answer questions about the accident on the record.