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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.
There are many ways to avoid a car accident but once one happens it is important to know what to do and what questions may need to be answered by the other person involved in order to make your insurance claim. This checklist will help you know what to do after a car accident. It is best to review it now and then print it out and keep a copy with you in your car or bookmark this article in your phone, so you can access it in an accident.
Consult with an attorney as soon as possible after a car accident. In the state of Arizona, there is a two year statute of limitations for auto accident injury claims. This means that those that have been injured in a car accident that was caused by another individual, have two years to file their lawsuit. Additionally, dealing with an insurance company after an accident can be difficult. An accident attorney can ensure your rights are protected throughout the process by ensuring you are not incorrectly blamed for the accident and that you receive the compensation you deserve. If we are not able to negotiate reasonable compensation, we can help you file a personal injury lawsuit seeking additional compensation.
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While a quick settlement may work in both parties’ favor in some cases, in others, accepting a settlement too soon may leave the plaintiff without the means of recovering compensation later if he or she discovers additional injuries or other damages unnoticed during the initial settlement negotiation. In most cases, the plaintiff’s acceptance of a settlement offer requires releasing the defendant from future liability for the claim.
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.
A plaintiff must prove four elements to prevail in a slip and fall case. The elements are the same for any tort, and are duty, breach of duty, causation and injury. The defendant (usually the property owner) must have a legal duty to prevent injury to the victim. The court will generally hold the defendant to the standard of what a reasonable person would have done under the same circumstances, There is a legal duty to prevent predictable harm to another individual. Once a duty is established, the plaintiff must show that the duty was breached, meaning the defendant violated his or her legal obligation to ensure the safety of the plaintiff. Next, causation must be shown; that the defendant’s breach of duty caused the plaintiff’s injury. The defendant (property owner) does not have to directly cause the plaintiff’s injury by committing an action to be held liable. If a defendant’s inaction or failure to create a safe environment caused the injury, the defendant can also be held responsible. Lastly, the plaintiff must prove to the court that an injury occurred. In the case of a slip and fall, the injury will be physical in nature.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements.
Our Los Angeles personal injury attorneys are on your team. That means we’re with you 100% of the way. We prove this, by never charging any upfront fees. In addition, we only get paid if, and when, we win your case. That means if we can’t win your case – we don’t charge any fees. Our Los Angeles personal injury lawyers work on a contingency fee basis, meaning we have no upfront fees. If you don’t have medical insurance, we can even help get you treated – without upfront fees. In order to get started, we encourage you to contact us. We offer a risk free consultation – you have virtually nothing to lose.
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All in all, there are a number of factors to consider when determining slip and fall settlements. Negligence and liability are two major components of discovery, but the plaintiff must be free from blame the injuries that are suffered, whether common or unique, may qualify for compensation, among other considerations such as legal fees, medical bills and pain and suffering.
Once a civil lawsuit has been filed, serious settlement discussions will almost never begin until the defense attorney has done all of the pretrial investigation (“discovery”) that he/she wants to do. This includes discovery tools like interrogatories and depositions. Insurance companies will rarely if ever want to engage in serious settlement negotiations until they have all of the facts that they need to make a decision.
When you visit an office building, restaurant, government building, shopping center, hotel, apartment complex, or even take a walk, your experience should be free from hazards. Businesses and property owners and managers have a duty to you and to the community. They must be diligent, not negligent, in managing and maintaining their property. You are their customer or guest and they should make sure that their premises are safe. If you have been injured in a slip and fall accident caused by poorly maintained property, you deserve compensation for the damages you suffer.
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 »
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.
If you answered “yes” to each of the questions discussed above, you may have a valid personal injury lawsuit or claim. Because filing a personal injury lawsuit can have serious legal and financial consequences, and requires a thorough knowledge of the laws and legal system, it is best to consult with an experienced personal injury lawyer before considering doing so.
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.
Automobiles are a part of everyone’s daily life whether you are a vehicle owner, a passenger, or a pedestrian. Practically everyone has been the victim of a car accident or has known someone close who has been. When an auto accident occurs, an extensive network of personnel immediately becomes involved in the victim’s life. This network could include law enforcement, rescue personnel, hospital staff, towing companies, salvage yards, repair shops, doctor’s offices, investigators, and of course insurance companies. With so many moving parts, it is often difficult to make decisions or even know what you are being asked to decide.
In some cases, a personal injury law firm may also have medical personnel on staff that can evaluate your claim and tell you what type of personal injury claim you have and also interpret the medical records that they receive from your physicians and serve as a buffer between you and the physicians. They will also be able to make sure that you are receiving the best personal care for your injuries and best serve your personal injury case by being thorough and professional.
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.
My staff and I are experienced auto accident attorneys and are ready to guide you through the necessary steps to recover from an automobile accident in Florida. If you are involved in an automobile accident, Dan Newlin Injury Attorneys can advise you on what Florida Laws apply to auto accidents and automobile negligence, and the several options available to victims of auto accidents who have suffered injuries and/or damage to their vehicle.
Additional damages for mental injury without a physical injury are less clearly covered, as the insurance policy typically states that it covers only bodily injury. For example, in general liability as of 2001 a minority of courts included emotional distress within the definition bodily injury. Where a mental injury arises from a physical injury—as with a traumatic brain injury caused by a car accident—auto insurance policies normally cover the injury.
Sometimes your case is not over even if a jury gave a verdict in your favor. The defense could appeal the case and ask a higher (appellate) court to reconsider the verdict. If an appeal is not brought, it can still take some time to distribute the monetary award. Before you get paid, your lawyer is required to first pay any companies that have a legal claim to some of the money, known as a lien, out of a special escrow account. After that, your attorney simply writes you a check and the money is yours to keep. Your personal injury lawsuit is now over.
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.
^ Lawyers Cooperative Publishing. New York Jurisprudence. Automobiles and Other Vehicles. Miamisburg, OH: LEXIS Publishing. p. § 720. OCLC 321177421. It is negligence as a matter of law to drive a motor vehicle at such a rate of speed that it cannot be stopped in time to avoid an obstruction discernible within the driver's length of vision ahead of him. This rule is known generally as the `assured clear distance ahead' rule * * * In application, the rule constantly changes as the motorist proceeds, and is measured at any moment by the distance between the motorist's vehicle and the limit of his vision ahead, or by the distance between the vehicle and any intermediate discernible static or forward-moving object in the street or highway ahead constituting an obstruction in his path. Such rule requires a motorist in the exercise of due care at all times to see, or to know from having seen, that the road is clear or apparently clear and safe for travel, a sufficient distance ahead to make it apparently safe to advance at the speed employed.
DISCLAIMER: Completing and submitting this form or otherwise merely contacting Leontire & Associates, P.C. or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with Leontire & Associates, P.C.. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar Leontire & Associates, P.C. from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.
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?
After the complaint is filed, the plaintiff’s attorney will have a month or more to locate the defendant and “serve” the complaint on him or her. Serving the complaint basically means physically delivering the complaint to the defendant in a way that can be proved later, ensuring the defendant cannot later claim to not know about the lawsuit. Along with the complaint, the service papers will tell the defendant the next date he or she must appear in court.
Accidents rarely come with any forewarning, leaving most victims unprepared and unsure of how to proceed. When you or someone you know is injured, you will have a lot of uncertainty and need to make a lot of decisions very quickly. You should always seek immediate medical attention for any injuries and also seek the assistance of qualified, experienced legal representation. But, how do you know who the best attorney is for your case?
Females in this age group exhibit somewhat lower collision and fatality rates than males but still register well above the median for drivers of all ages. Also within this group, the highest collision incidence rate occurs within the first year of licensed driving. For this reason, many US states have enacted a zero-tolerance policy wherein receiving a moving violation within the first six months to one year of obtaining a license results in automatic license suspension. No US state allows fourteen year-olds to obtain drivers’ licenses any longer.
As occurs in most civil cases, personal injury cases begin by filing with a court a document called a "complaint." Typically, a complaint in a personal injury case identifies the parties to the lawsuit, specifies what the defendant did wrong, alleges that the wrongdoing caused the plaintiff's injury, and specifies what kind of compensation the plaintiff is seeking. The complaint generally sets out the facts that the plaintiff will attempt to prove, and the defendant may attempt to disprove, throughout the litigation.
If you believe you’re entitled to compensation from the other party for your injuries, your attorney will usually send a demand letter, either to the other person (or their attorney) or to the other person’s insurance company. The letter will give the relevant facts about the accident such as the time and place and cause of the injury, describe your injury, and ask for a specified amount in settlement of the case. A demand letter usually gives the other parties a specified time to respond.
The first thing that the lawyer will do is thoroughly interview you about how the accident happened, your background, and your medical condition and medical treatment. The lawyer wants to know everything that you know about the accident and your injury and treatment. Lawyers don’t want to be surprised, so make sure to answer all questions as completely as you can.
Collect as much information as possible after an accident. This can help prove your claim and identify the party responsible for the accident. Immediately following a car accident, you should exchange information with the other parties involved. You should also take pictures of all vehicles involved, property damage and the accident scene to use as references for a claim. If you were unable to collect photographic evidence or any information about the other drivers involved, police accident reports, hospital records and other evidence from the scene will be vital to building your claim.