Medical treatment for car accident injuries can become expensive and may require long-lasting treatment and surgeries. Filing a claim detailing the damages you or your loved one has suffered could provide some financial relief needed to recover. Our Phoenix auto collision lawyers will be able to provide you with an assessment of the compensation you deserve.
The first thing that you should do after getting injured in an accident is to get medical treatment. If you are hurt, go to the hospital or see a doctor. Not only is this the right thing to do for your health, but, if you don’t see a doctor for some time after an accident, the insurance adjuster and the jury will assume that you weren’t all that hurt.
^ Grossetete, Mathieu (August 2016). "Des accidents de la route pas si accidentels" (in French). Le Monde diplomatique. Retrieved 2018-01-24. Alors qu’ils ne représentent que 13,8 % de la population française âgée de 15 ans et plus, les ouvriers comptaient pour 22,1 % des 3 239 personnes décédées sur la route en 2007 et pour 19 % des blessés hospitalisés. À l’inverse, les cadres supérieurs, professions libérales et chefs d’entreprise (8,4 % de la population) ne totalisaient que 2,9 % des morts et blessés
In England and Wales, under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be commenced within 3 years of the date of the accident, failing which the claimant will lose the right to bring his or her claim. However, injured parties who were under the age of 18 at the time of their accidents have until the day prior to their 21st birthdays to commence proceedings. A court has the discretion to extend or waive the limitation period if it is considered equitable to do so. Another exception is if the accident caused an injury, as an example industrial deafness, then the three-year period will start from when injured party knew or ought to have known that he or she had a claim.
In the increasingly chemical world, we sometimes become ill because of exposure to contaminants in the air, soil, or water, in products, or in food. Claims based on such exposure are difficult to prove, however, and often require complex scientific data. And because the chemical and other industries have erected a huge wall to protect themselves from legal exposure while they continue to expose us to potentially harmful chemicals, the required evidence is very hard to come by. Get expert help.
Many of these hazards are problems that you should be warned about when visiting a public place or private home. If a property owner fails to correct hazards, doesn’t maintain a property properly, or fails to warn you of dangers on the property, the owner or renter who was responsible could become liable for any injuries you sustain because of those hazards.
Usually party depositions and lay witness depositions can be completed within a few months of the first phase of written discovery being completed. Expert and medical depositions take a little longer due to scheduling issues and oftentimes many of the expert depositions are not needed until the case gets close to trial. Expert and medical depositions can get very expensive, therefore, we generally recommend holding off on these depositions in an effort to control case costs. This is a strategy that is discussed with the client and a final decision is then made.
A personal injury settlement occurs when your attorney and opposing counsel come to agreement on the damages you’ll get to cover medical bills, lost wages, and other expenses. Your actual settlement amount will vary depending on a host of circumstances, including your level of injury, the type of accident, your employment situation, and what sort of bills you’ve incurred as a result of someone else’s negligence. Your attorney will fight for you at no upfront cost with no hourly fees, but will take a reasonable fee from your final recovery.
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.
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.
^ Charles, Geoffrey (11 March 1969). "Cars And Drivers Accident prevention instead of blame". The Times. The Times. Quoting from JJ Leeming in Accidents and their prevention: "Blame for accidents seems to me to be at best irrelevant and at worst actively harmful." ... "Much of the Leeming case is that by attributing blame and instituting proceedings against the motorist, the law virtually guarantees that none of the participants will be wholly truthful, so that the factors that really led to the accident are never discovered."
The third situation is the most common, but is also less clear-cut than the first two because of those pesky words "should have known." Liability in these cases is often decided by common sense. Judges and juries determine whether the owner or occupier of property was careful by deciding if the steps the owner or occupier took to keep the property safe were reasonable.
^ Smith, Turner T. (November 1983). "Environmental Damage Liability Insurance—A Primer". The Business Lawyer. 9 (1): 333–3Personal injury cases represent greatest amount54. JSTOR 40686553. ("Personal injury is defined to include 'bodily injury, mental anguish, shock, sickness, disease or disability.' Property damage means 'physical injury to or physical destruction of tangible property....'")
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.
See Automobiles – UC Vehicles for information about how you are insured when driving UC vehicles to conduct University business. As long as you are properly using a University vehicle at the time of an accident, the UC Auto Insurance Program will pay all costs except the deductible. Your department will be charged directly for the deductible. The University, through the Risk Management office and the Claims Administrator, SedgwickCMS, will deal with the other parties to the accident.
A property owner (or their employee) should have recognized a dangerous condition (i.e. a pothole or an uneven walking surface) and removed or repaired the potential danger, but did not. The key question here is whether a reasonable person would have identified the condition as hazardous, and whether the defendant had ample opportunity to remedy the situation before the accident occurred. OR
In some cases, involving a defect in the design or manufacture of motor vehicles, such as where defective design results in SUV rollovers or sudden unintended acceleration, accidents caused by defective tires, or where injuries are caused or worsened as a result of defective airbags, it is possible that the manufacturer will face a class action lawsuit.
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.
Slip & Fall Accidents/Premises Liability Slip & fall lawsuits are a bigger deal than some think. After all, you didn’t just fall for seemingly no reason. This isn’t just a matter of you being a clutz. Those who slip and fall on someone’s property may find themselves with an injury that could have been avoided had the property owner not neglected to repair their broken facilities. Sometimes a grocery store or restaurant fails to clean up spilled food, drink, or cleaning solution. A railing could be loose. Steps could be loose and in poor condition. The list goes on.
"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.
Despite the reference to a "slip," this area of the law covers any accident that results from the victim encountering an unsafe condition underfoot, whether it produces a stumble, overextension, twist, or other movement. Direct causes can include spilled liquids or food, cracked sidewalks, objects on the stairs, ice and snow, broken floor tiles, uneven steps, and potholes. Indirect causes, such as dim lighting or missing handrails, can also contribute.
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.
In many cases, if you are injured in a slip and fall accident as a result of a dangerous condition while you are in a business establishment or on another’s property, you may have a claim for that injury under Florida law. If you are a property owner and someone injures himself on your land, you may find yourself legally responsible for his or her injuries. Either way, you should seek the advice of an experienced personal injury attorney right away.
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.
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.
In some instances, regardless of the nature of your injury or the amount of your medical bills and lost income, you will want to hire a lawyer because an insurance company or government agency simply refuses to make any fair settlement offer at all. In these cases, something -- what the lawyer can get minus the fee charged to get it -- is better than nothing.
I was referred to George Salinas and his excellent staff by a close friend. The level of professional personal service a…nd excellent results from his office allowed me to get the required treatment and a final settlement by Mr. Salinas that was very reasonable and fair. I highly recommend George Salinas Law Firm for any legal services you may require, I'm sure you will not be disappointed.more »
A property owner or occupant cannot prevent every fall on the premises. They usually are not required to ensure a visitor's safety. Even when a property owner uses diligent care, it is possible for somebody to slip on black ice in front of an apartment complex or trip on a paver on the front lawn of a hospital. All visitors to someone else's property are required to use reasonable care, such as by watching where they are going, to avoid getting hurt.
Words cannot express the professionalism you and your firm has given us in our time of need. Your representatives were very kind, understanding and very helpful. Calls, emails etc… were beyond my expectations. I will gladly recommend your services when and where applicable and of course, I will carry your business card in my purse as well my husband in his wallet. Again, thank you for all you do and my best wishes to you and yours.
We’re proud to say that our personal injury lawyers in Los Angeles, are recognized as leaders in the state of California. Our firm has won millions, in compensation for our clients. We’ve been recognized by many lawyer ranking platforms, like Super Lawyers, Million Dollar Advocates Forum, and many others. Our founding partner, Joel Farar – was named a 2012-2016 Super Lawyers Rising Star – which is an honor given to only 2.5% of the top personal injury attorneys in California.
If you are considering taking an injury claim to trial, you may already have been told by a lawyer, friend, or your insurance company that taking your case to trial increases your chances of receiving a higher dollar value through a jury award. Going to trial may also give you a better chance of recouping all of your out of pocket costs. As such, the option of taking a personal injury case to trial as opposed to settling can sometimes be beneficial to you from a financial perspective, but there are risks and rewards to taking a personal injury case to trial that you should be aware of before you decline a settlement offer and decide to go the trial route.
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.
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.
When you are involved in an accident as the result of another driver's negligence, you may be entitled to take legal action to recover your damages. Damages may include any injuries you sustained as the result of the accident and any costs you incurred as a result of those injuries such as medical bills, prescription drug costs, lost wages due to time missed from work and a number of other possibilities experienced auto accident lawyer can discuss with you.
Once the summons is issued we forward that summons to a Private Process Server or the County Sheriff to serve the summons on the Defendant. The summons needs to be served on the defendant individually, or left with a relative over the age of 16 at their home. If the defendant is a corporation or business, we serve their registered agent that is on file with the secretary of state.
I believe in a holistic approach to personal injury cases. That doesn't mean I'll anoint you with peppermint oil as you walk through the doors of my office, but it does mean that I take a very personal interest in your welfare. My firm is known as the "personal" personal injury law firm because we take the time to get to know you, your background, hopes and dreams.
Similarly, if you are walking in a place where you should not have been walking, even if you were not a trespasser, you may be considered comparatively negligent, and you may not be able to recover. For example, if you are running in a landscaped area in front of your dentist's office instead of a concrete path to kill time before your appointment and trip on a landscaping paver or a root, you may not be able to recover damages for your broken knee.
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.
Aside from insurance claims, auto accident victims also might be legally entitled to financial compensation from liable parties. A skilled lawyer can help you assess whether or not you have a case and can represent you if you decide to pursue a personal injury lawsuit. The person or organization responsible for your injury will most likely avoid paying you unless they are legally compelled by the courts. Working with an auto accident attorney can even convince the responsible party to settle out of court, paying you sooner and with less hassle.
While there may have been conditions present that caused the slip and fall in the first place, the plaintiff must be free from guilt in order to place all of the liability on the defending party. If the injured party contributed to the injury in any way, they must accept their portion of liability, which usually negates the assumption of full responsibility by the property or business owner.
The cases involving a property owner or occupant that "should have known" of a slippery surface can be the most challenging to prove. For example, in a slip and fall that occurs on a wet floor in a grocery store, a crucial issue will be how long the floor was wet. The longer the floor was wet, the more likely it is that the storeowner knew or should have known that the hazardous surface existed and failed to warn customers or otherwise guard against slip and falls. Unfortunately, in many cases, it is hard to determine how long the surface was wet. If you are injured in a slip and fall, it is a good idea to get the name and contact information of any witnesses, especially if they were present in the location over a long period and can give some idea of how long the hazardous surface existed.
Either party can appeal if there was a significant legal error in the trial. To appeal means you take the case to a higher court to review any legal errors you think may have been made by the judge or jury. For example, a plaintiff might appeal if he thinks he lost his suit unfairly or would have gotten more in damages if the judge had not refused to admit something into evidence. A defendant might appeal if, for example, she thinks there is a valid legal basis to argue that the award for damages given to the plaintiff was too large.
All of our medical professionals are dedicated with providing you with the absolute best care possible. If you’ve been involved in a car accident, it’s likely that you’re already stressed out by all of the different things you need to get done. We are happy to provide you with a variety of patient resources that can make a difficult situation a little bit easier.
Our firm was founded on the principle of concierge customer service. We provide the same level of service, for each and every client. We never charge upfront fees, and only get paid if, and when, we win your case. We offer all clients a risk free initial consultation, whether it be at their home, hospital, or place of employment. We can even do it over the phone. We are dedicated to helping you recover.