Financial compensation can help you to pay off debts and bills related to your injury including medical costs, wages lost from work, and expenses arising from pain and suffering. We can also assist you as you file for insurance claims. Many people discover that legal help keeps them from being unjustly exploited. We can also represent you if you have to deal with another driver’s insurance company. Our skilled auto accidents attorneys value open, honest communication with their clients. We know that being involved in a crash is traumatic enough; you deserve a legal representative who will be respectful and compassionate every step of the way.
We get to work quickly to document the accident scene before the condition is repaired and the evidence lost. Our attorneys seek security camera footage that might help determine how long the hazardous condition had been present at a business. We search for other accident reports at the location to help show that the owner should have recognized the unsafe condition.
Do you have past clients who would be willing to speak to me? Talking to past clients is the most reliable way to gauge an attorney's response to concerns or questions. While no one settlement can truly alleviate all discomfort for either party in a personal injury case, an attorney can help you reach the best outcome regardless of who is responsible.
In the 1990s, Hans Monderman's studies of driver behavior led him to the realization that signs and regulations had an adverse effect on a driver's ability to interact safely with other road users. Monderman developed shared space principles, rooted in the principles of the woonerven of the 1970s. He concluded that the removal of highway clutter, while allowing drivers and other road users to mingle with equal priority, could help drivers recognize environmental clues. They relied on their cognitive skills alone, reducing traffic speeds radically and resulting in lower levels of road casualties and lower levels of congestion.[25]
Hotels in the state of Florida owe a duty of care to all guests that stay within these buildings to include the freedom of loss of property or destruction of belongings and prevention of injury to each person as a guest of the hotel. When this duty is in breach, the victim has the ability to pursue a valid claim against management or the owner of the hotel.
Not only does a punitive damages award punish the defendant, but it also can serve as a deterrent that dissuades other parties and companies from engaging in similar activity. For the court to award such compensation to a plaintiff, the actions must have been either intentional or the result of wanton and willful misconduct. An example of such a defendant is an insurance company that acts in bad faith or a medical professional that commits malpractice. As noted above, not every state allows punitive damages awards and, in some that do, there are caps on how much a jury can award a plaintiff.
Lost Wages You were injured and you had to miss work. Maybe it was just a matter of using some sick time to go to doctor’s appointments or perhaps you were in the hospital and had to take a lot of time off. Or you were injured so severely that you can no longer work. Whether it’s the loss of a few days or the inability to work going forward, you could be entitled to compensation for those lost wages.
It is possible for a plaintiff to feel cheated or deceived after listening to bad legal advice and accepting a settlement too soon. If someone in this situation believes that his or her attorney provided inappropriate legal advice or was otherwise negligent in the handling of the case, the plaintiff may be able to file a lawsuit against his or her lawyer for legal malpractice. The plaintiff would need a new attorney to prove that the first lawyer failed to provide a reasonable level of representation and that another lawyer in the same situation would have likely offered better advice.
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.
You may find this process frustrating, and even exasperating. However, the more information and documentation you provide to the insurance company, the more likely you are to receive fair compensation from the insurance company for all of your damages. Remember, the insurance company is not required to reach a settlement agreement with you. The insurance company may say at some point, “This is the best offer we’re going to make – if you want more money, then file a lawsuit.” (More: When Injury Settlement Talks Fail.)
In the United States, for federal taxes payable to the IRS, the money awarded in a personal injury settlement as compensation for pain and suffering, medical expenses and property damage is not ordinarily taxable. Exceptions may apply, for example, if a plaintiff took a tax deduction in a prior year for medical expenses that are recovered through a later judgment or settlement. [21]
Whether someone acted negligently will depend on what they knew. This is especially true in slip and fall cases, as the defendant's knowledge of the dangerous condition will usually be determinative. The plaintiff is entitled to find out what the defendant knew through a procedure called discovery. During discovery, the defendant can be forced to turn over maintenance records, repair logs, surveillance video, and other such items.
Take as many pictures, notes, and recordings of conversations as possible. After you’ve secured all of this, we recommend you speak to a personal injury attorney as soon as possible. First, you should get medical attention. When you get medical attention immediately after an accident, it established a track record of your injuries – which proves the injuries happened as a result of the accident.
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.
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.

Punitive damages are awarded to the injured plaintiff, but the real goal of these kinds of damages is to punish the defendant for its conduct -- to "hit them in the pocketbook," so to speak -- and to act as a deterrent. Since it isn't unusual for punitive damage awards to top tens of millions of dollars, most states have set some type of cap on punitive damage awards in personal injury cases.
One good way to find a lawyer is to ask friends, acquaintances, or other lawyers for referrals -- and then interview the candidates. In addition, Nolo provides a personalized Lawyer Directory with information about each lawyer's experience, education, and fees, and perhaps most importantly, the lawyer's general philosophy of practicing law. By using Nolo's directory you can narrow down candidates before calling them for a phone or face-to-face interview. For more details on locating and selecting a good personal injury lawyer, read Nolo's article on Finding a Personal Injury Lawyer.
Personal injury attorneys typically focus on one type of personal injury claim, such as car accident injuries or medical malpractice. They also have experience in tort law, which involves civil litigation to recover financial damages in a settlement. The following are a few scenarios where you might consider hiring a personal injury lawyer to represent you:
Whether someone acted negligently will depend on what they knew. This is especially true in slip and fall cases, as the defendant's knowledge of the dangerous condition will usually be determinative. The plaintiff is entitled to find out what the defendant knew through a procedure called discovery. During discovery, the defendant can be forced to turn over maintenance records, repair logs, surveillance video, and other such items.
While a parallel between the classic rock ballad by Guns N' Roses, "Sweet Child O' Mine," and a motorcycle accident might not be immediately apparent, one does exist if you look for it. Just as leader singer Axl Rose belts out the rhetorical question, "Where do we go now?" many injured motorcyclists in Michigan have similar sentiments following a crash.
Negligence involves the disregard for the safety of others by failure to act a reasonable person would. It could be that a dangerous situation was created by a pot hole, leaking ceiling or uneven surface. The key attribute in this assessment is whether or not a reasonable individual would have been able to identify the condition as dangerous or potentially hazardous and if the liable party had ample opportunities to improve the conditions prior to the occurrence of the injury. The alternative task to prove is whether the liable property owner specifically caused the dangerous situation themselves and that it was reasonably understandable that a person would suffer an injury due to the situation.
The World Health Organization, a specialized agency of the United Nations Organization, in its Global Status Report on Road Safety 2009, estimates that over 90% of the world’s fatalities on the roads occur in low-income and middle-income countries, which have only 48% of the world’s registered vehicles, and predicts road traffic injuries will rise to become the fifth leading cause of death by 2030[74]

Insurance statistics demonstrate a notably higher incidence of collisions and fatalities among drivers aged in their teens or early twenties, with insurance rates reflecting this data. These drivers have the highest incidence of both collisions and fatalities among all driver age groups, a fact that was observed well before the advent of mobile phones.


My law practice is made up of unique individuals with great skill sets. Every one of them is conscientious and skilled employees who truly care about our clients. My staff and I have a long-term relationship with each other, as many of us have worked together for over 20 years. We are like a family here and we'd like to welcome you and your family to work with ours.
Complaint and Answer Phase. The Complaint is the document detailing your allegations regarding how you were injured and the extent of your damages. It is usually filed in the county where your injury occurred or where the party who injured you (defendant) resides. After filing, the Complaint is personally served on (delivered to) the defendant(s). The defendant must “answer” the Complaint in a set period of time, usually 30 days. The Answer is the document in which the defendant admits to or denies the allegations of the Complaint.
At Florida Injury Law Firm, our clients mean everything to us. Our mission is to help injured clients by placing them in the best position to secure the highest compensation for their personal injury claims. Because of our focus on the needs of others, our extensive experience, and our record of success, our clients have many good things to say about our services.
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.
The Colorado Premises Liability Act makes landowners and those who exercise sufficient control of the property such as business tenants responsible for activities and conditions on the property. The duty that the property owner or business tenant owes depends on the status of the person injured. The duty that a landowner owes to a customer visiting a business or a social guest invited to a home is generally higher than the duty owed to a trespasser. The relation of the injured person to the property owner or manager is determined on a case-by-case basis. If the accident victim is a child, that fact must be taken into account because children may be too young to comprehend a property hazard or unsafe condition. For instance, a young child who cannot swim may be attracted to an unsecured swimming pool and not recognize the danger of getting in the pool.

We thoroughly research the nature of your injuries and team with you and your doctor's to get you back to a state of vibrant health. We communicate with you every step of the way. We encourage you to try different practices to reduce stress in your life. Stress and pain are inextricably related and over the years we've found many things that can help relieve stress. We'll encourage you to try them as we go forward with you on your road to recovery.

When a foreign substance which can become a hazard is one that is naturally occurring, such as ice, snow, wet leaves, etc., and when the accumulation is not the fault of the landowner, the owner is under no duty to discover and then remove the hazard unless there is evidence that this had become an obvious hazard. This does not mean that a land owner or occupier has no duty to inspect its premises – it still has the duty to inspect. If a reasonable inspection had uncovered a hazard caused by the natural accumulation of ice, for instance, then the owner will still have liability for its failure to inspect. Such an inspection must be a thorough one and an owner cannot get by with a perfunctory review of its premises. There is no bright line test as to what constitutes a reasonable inspection – it will depend on many factors that are examined on a case by case basis.


Ultimately, your attorney is in the best position to let you know when a settlement offer is fair, or when your case is strong and you should go to trial. Make sure you consult with a qualified lawyer before giving up your right to sue or accepting or turning down a settlement, as once you make a decision on accepting a settlement, you cannot simply change your mind later on.
In insurance, "personal injury," as typically defined, does not include mental injury that occurs as a result of defamation, false arrest or imprisonment, or malicious prosecution. For example, the Insurance Services Office standard general liability form has a section providing this coverage.[19] Some home insurance policies include personal injury coverage.[20]
To defend against personal injury liability, defendants tend to rely on a few common defense theories. In negligence cases, the defendant may argue that the plaintiff did not use due care, and is partially or wholly responsible for his or her own injury. The defendant may also claim that the plaintiff "assumed the risk" by voluntarily participating in a dangerous sport or activity, or that the plaintiff impliedly gave the defendant permission to take the action that ended up harming the plaintiff. 

They took into account thirty factors which it was thought might affect the death rate. Among these were included the annual consumption of wine, of spirits and of malt beverages—taken individually—the amount spent on road maintenance, the minimum temperature, certain of the legal measures such as the amount spent on police, the number of police per 100,000 inhabitants, the follow-up programme on dangerous drivers, the quality of driver testing, and so on. The thirty factors were finally reduced to six by eliminating those found to have small or negligible effect. The final six were:

Burn/Fire Injuries Fire and burn injuries are some of the most dangerous and life-altering injuries a person can suffer. Imagine if your life or a loved one’s were irreparably changed for the worse, because of a chemical fire caused by unsafe working conditions or an apartment fire that occurred because of a landlord cutting corners with fire safety?
An auto accident attorney in San Antonio understands the complexities that come with providing accurate legal representation during this time. Our team is thorough and we take the time to investigate every aspect of your particular case. We know that when you call an auto accident attorney, you’re going through physical and emotional injuries, and we want to take some of that stress off so that you can focus on getting better. We’ll handle the legal aspects of your case, so you have the best opportunity for a full recovery physically and financially.
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.
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