With over 40,000 Americans dying in car crashes each year, it is no surprise that automobile accidents are a prolific source of personal injury cases. To be fair, there are many common causes of car accidents: rubbernecking, cell phone use, driver fatigue, distracting passengers, and changing the radio station all rate near the top. If you have been injured in an accident or injured someone else in a collision, you should realize the importance of proving fault in auto accidents. Choosing the right lawyer for your auto accident case can help tremendously, especially if "fault" in your situation is unclear or in debate.
Deposition testimony is crucial in a negligence case. By securing this evidence early in the litigation, both the plaintiff and the defendant gain an understanding of the circumstances that led to the accident and the degree of fault that can be attributed the defendant. Taking into account the severity of the injury, both sides can then determine what they believe the case is worth, and settlement negotiations will ensue.
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.
In California, attorneys typically receive contingency fees of 35% of the total recovery obtained before a lawsuit is filed, and 45% if the recovery occurs after filing the complaint. In some types of cases, the judge handling the case may determine the total percentage of the settlement or the payment to the attorneys. Treating doctors or health care profession and/or insurance companies, Med-Cal, or other program paying for medical treatment may assert a lien against any recovery for what was paid to treat the plaintiff. These liens are paid once a settlement is reached or a judgment is received.
The next thing that you will have to do for anything more than a minor claim is to choose a lawyer. You should choose the lawyer soon after the injury. You can certainly settle a small personal injury claim yourself (although a lawyer is generally useful even for smaller claims), but you will absolutely need a lawyer for any personal injury claim where you suffered significant injury or other losses.
If you’ve been the victim of a car accident, you’ve got enough to worry about without worrying about your medical treatment, too. That’s why Accident Care and Treatment Center, Inc. provides you with access to the best auto accident injury doctors in Oklahoma City, OK. Since we opened our doors in 1995, we’ve focused exclusively on evaluating, diagnosing, and treating auto accident injuries, so you can rest assured that you’re getting the best care possible.
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.
Owing to the global and massive scale of the issue, with predictions that by 2020 road traffic deaths and injuries will exceed HIV/AIDS as a burden of death and disability, the United Nations and its subsidiary bodies have passed resolutions and held conferences on the issue. The first United Nations General Assembly resolution and debate was in 2003 The World Day of Remembrance for Road Traffic Victims was declared in 2005. In 2009 the first high level ministerial conference on road safety was held in Moscow.
The definition of a road-traffic fatality varies from country to country. In the United States, the definition used in the Fatality Analysis Reporting System (FARS) run by the National Highway Traffic Safety Administration (NHTSA) is a person who dies within 30 days of a crash on a US public road involving a vehicle with an engine, the death being the result of the crash. In the U.S., therefore, if a driver has a non-fatal heart attack that leads to a road-traffic crash that causes death, that is a road-traffic fatality. However, if the heart attack causes death prior to the crash, then that is not a road-traffic fatality.
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.
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.
Whether it is at work or at a store, slip and fall accidents happen. Sometimes the floor is slippery and wet, other times there is an obstruction in the walkway that trips your foot. No matter what the cause is, if a person is injured due to a slips and fall in the workplace or in a public place, the employer or business may be liable for those injuries. Determining a slip and fall settlement is done in consideration of several factors such as negligence and liability. Additionally, While there are several common injuries associated with slip and fall accidents, the compensation is awarded for different categories of injury, including medical bills, attorney fees, as well as pain and suffering.
When you call Briskman Briskman & Greenberg for a free consultation, you will speak directly to an experienced attorney in Chicago, usually one of the firm’s principals, who will assess the facts of your situation and advise you of your rights. Don’t delay getting your free legal consultation: if you fail to pursue your claim in a timely fashion, you could forever lose your rights.
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.
After an injury, if the damages appear to be more than the small claims court limit (around $5,000, depending on the state), most plaintiffs will seek out an attorney. The typical plaintiff’s personal injury attorney will consult with the plaintiff for free. If, after the initial consultation, it appears that the plaintiff might have a case, the attorney may agree to conduct an exploratory investigation, including whether or not the defendant has applicable insurance and/or sufficient assets. If the consultation and investigation lead the attorney to conclude that the case is viable, he or she will enter into a fee agreement with the plaintiff and officially become the plaintiff’s attorney.
A slip and fall accident can happen anywhere–at work, at home, at a friend’s house, at the shopping mall, or even at your place of worship. Slipping and falling can lead to serious and sometimes permanent injuries, especially for children and the elderly. The Occupational Safety and Health Administration (OSHA) estimates that slip trip and fall accidents account for 15% of all accidental deaths in the United States, which puts them in second place behind car accidents. The good news is that, in many cases, the person or business who owns or manages the land that a person slips and falls on is legally responsible for preventing those kinds of accidents. If they fail to uphold this legal duty and someone gets hurt, they could expose themselves to liability.
Slip and falls are responsible for around 1 million emergency room visits every year. These types of injuries are also the leading cause of workers’ comp claims and the top cause of occupational injuries among those aged 15 to 24. Slip and falls can cause very serious injuries resulting in significant costs, with the estimated price tag for employee slip and fall accidents totaling around $70 million each year.
Most cases settle before trial. At any point in the process described above, the parties can settle and end the case. In fact, the plaintiff can send the first settlement offer before the complaint is ever filed. What is more typical, particularly if the initial evidence establishing liability and/or damages is inconclusive, is that a settlement is reached after the discovery process has gone on for a while.
A 1985 US study showed that about 34% of serious crashes had contributing factors related to the roadway or its environment. Most of these crashes also involved a human factor. The road or environmental factor was either noted as making a significant contribution to the circumstances of the crash, or did not allow room to recover. In these circumstances, it is frequently the driver who is blamed rather than the road; those reporting the collisions have a tendency to overlook the human factors involved, such as the subtleties of design and maintenance that a driver could fail to observe or inadequately compensate for.
If you have been arrested and charged with a crime, you probably already know that you could be hit with enormous fines or forced to spend years in prison, but there is even more at stake than that. Regardless of the penalties imposed by the state, a criminal conviction can cause you to lose your job or the ability to practice your chosen profession, and it can utterly destroy your marriage, your family, and your reputation in the community. Never is there more to fight for than when you have been charged with a serious crime in Massachusetts or federal court. You need a team of strong, dedicated criminal defense lawyers on your side to protect you and defend you and look out for your best interests at every step. In Boston and New Bedford, Leontire & Associates, P.C. is here for you.
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.
See Automobiles – Personal Vehicles for information about how you are insured when driving personal vehicles to conduct University business. If you are using your personal vehicle to conduct University business and you are in an accident you must still report the accident to the University as described above. However, since your coverage comes from your personal automobile insurance policy, you must also contact your own automobile insurance company and advise them if someone has been injured or there has been third party property damage.
In most cases we do not want to proceed with a lawsuit until we have attempted to settle the case. This saves the client money in extra expenses that go along with a lawsuit and many times the case settles more quickly if we attempt to settle before filing a lawsuit than if we file a lawsuit right away and get lawyers involved on the other side. In some case, such as drunken driving cases, we often file the lawsuit right away. These options can be discussed in detail with respect to your specific case.
Brain and Spinal Cord Injuries Some of the most horrifying and heartbreaking types of injuries that can stem from motor vehicle and other personal injury accidents are those to the brain and spinal cord. In personal injury cases involving these specific injuries, you could sustain potentially permanent physical and/or mental damage in the form of cognitive impairment, paralysis, and a host of other conditions.
MY LAWER TREATED ME LIKE A PERSON NOT A PAYCHECK. GEORGE ALSO GAVE ME HIS PERSONAL PHONE NUMBER SO I COULD CALL ANYTIME.… GEORGE WOULD EITHER ANSWER THE PHONE CALL BACK THE SAME DAY WITHIN A COUPLE OF HOURS OR WORST CASE THE NEXT DAY. THIS IS THE BEST LAWYER I HAVE HAD AND WILL RECOMMENDED HIM TO ALL MY FRIENDS AND FAMILY. I WISH MORE LAWERYS WERE LIKE GEORGE. AFTER BEING BURNED IN THE PAST WITH SEVERAL DIFFERENT LAWERYS GEORGE RENEWED MY FAITH THAT THERE ARE STILL SOME HONEST AND FAIR LAWERYS.more »
Whatever the cause of the accident, it is essential to hire a knowledgeable and experienced Chicago car accident attorney to represent your interests. Our firm has years of experience negotiating and litigating motor vehicle accident cases and securing maximum compensation for our clients. With our office in Chicago, we have the capacity to handle cases throughout Illinois. Contact an experienced Chicago car accident lawyer today to schedule your free initial consultation and learn how we can help you seek the damages you deserve for your Illinois auto accident.
The global economic cost of MVCs was estimated at $518 billion per year in 2003, and $100 billion in developing countries. The Center for Disease Control and Prevention estimated the U.S. cost in 2000 at $230 billion. A 2010 US report estimated costs of $277 billion, which included lost productivity, medical costs, legal and court costs, emergency service costs (EMS), insurance administration costs, congestion costs, property damage, and workplace losses. "The value of societal harm from motor vehicle crashes, which includes both economic impacts and valuation for lost quality-of-life, was $870.8 billion in 2010. Sixty-eight percent of this value represents lost quality-of-life, while 32 percent are economic impacts."
Likewise, the property owner may claim that the injury was caused by the injured party. Individuals are required to exercise due care to avoid injuring themselves. If they do not exercise care, others cannot be held accountable for their own negligence. An example may be if the injured party saw the other patron spill liquid on the floor and then stepped directly in the liquid instead of waiting for it to be cleaned up or walking around it.
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.
For example, critics of medical malpractice lawyers argue that lawsuits increase the cost of healthcare, and that lawsuits may inspire doctors to leave medical practice or create doctor shortages. These concerns have not been well substantiated. A publication by the Robert Wood Johnson Foundation found little evidence that traditional tort reforms affect medical liability costs or defensive medicine. A study conducted on a bi-partisan basis in Texas has found that tort reform, once enacted had no impact on reducing the cost of medical care, tending to throw doubt on claims made by tort reform advocates.