If your case is not settled, the next step is for the person who has been injured to file a lawsuit. The person filing the suit is called the plaintiff, and the document the plaintiff files is usually called a complaint. The party being sued is called the defendant. A third party serves the complaint on each of the defendants, and the defendants have a specified time to reply to it, such as 20 to 30 days. This reply is usually called an answer. All documents, including the complaint and the answer, are filed with a local court. The plaintiff usually chooses the court, although, under certain circumstances, a defendant may seek to have the lawsuit moved to a different court.
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.
Invitees: An invitee is a person who is either: (a) invited to enter the land or property for a purpose that is connected with the business dealings of the landowner, or (b) a member of the public who is on the land for a purpose for which the land is held open to the public. This could include retail shoppers, business guests, and visitors to public parks.
When an accident occurs, it is important to record as much data as you can about the circumstances surrounding the accident as quickly as you can. For example, if you are involved in a car accident, you might want to call the police to have them make a report about the scene, such as the position of cars, skid marks, and so on. If possible you should have someone take photos or videos of the scene of the accident as soon as possible after the accident. You might record a torn carpet, damaged step, or spilled food that has caused a fall or skid marks and broken glass from a car accident. You will also want to get the names and contact information of any witnesses to the accident. Anyone who is injured in an accident should seek medical care as soon as possible to find out what injuries have been caused by the accident and to minimize injury. Documenting these details early on will help you determine key issues, such as fault and amount of damages, when the time comes. It will also keep you from forgetting important details.
This type of fall can cause an injury that lingers, resulting in costly medical bills and missed work. A legal team handling slip & fall lawsuits will use evidence such as photos, video, and medical records to prove that negligence caused your injuries, thereby getting you compensation. You and your family shouldn’t have to suffer because someone was lackadaisical about keeping their property safe for visitors.
After a car crash or traffic collision, you are vulnerable for several reasons. Dealing with insurance companies can be tricky, stressful, and even risky. They are businesses, first and foremost, so your well-being is not a priority. Insurance companies have been known to illegally deny, delay, or reduce claims, and a lawyer can protect you and help you with the complicated filing procedure.
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.
Defective products are products that cause injury due to an error in labeling, a defect in design, or an issue with the manufacturing process. This legal label covers any number of product-related injuries, including injuries from kitchen appliances, misleading health claims on food labels, and car defect injury claims (as in the case of Firestone tires). Those injured by usage of a consumer product should file a defective product injury lawsuit with local personal injury lawyers or check to see if a defective products class action lawsuit is already in place.
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.
Now, about 40% of new US vehicles, mainly the SUVs, vans and pickup trucks that are more susceptible to rollover, are being produced with a lower center of gravity and enhanced suspension with stability control linked to its anti-lock braking system to reduce the risk of rollover and meet US federal requirements that mandate anti-rollover technology by September 2011.[58]
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.
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.

Then there are those reserved for survivors of people who died because of the negligence of another. Plaintiffs can seek compensation for funeral costs. They can also seek compensation to account for the sudden and enduring loss of household income that comes with the death. Compensation is also available for pain and suffering, as well as the loss of companionship. These damages can help the family obtain some degree of peace of mind after a sudden loss.
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.
Your case may settle outside of court or may be resolved in a court of law by a judge or jury. You could also potentially take action not just against those who own the property, but also against tenants or renters who were in control of the space and who allowed unsafe conditions that led to a slip and fall. Our team can help you examine all your options and work to help you receive the full compensation to which you are entitled.
Attorneys who specialize in this area handle cases from inception through appeal. They perform tasks similar to most litigators. They investigate claims and screen potential clients to evaluate the merits of their cases. They gather evidence, formulate legal theories, and research case law. The job involves drafting pleadings, motions, and discovery requests, as well as interviewing and deposing witnesses.
A personal injury lawsuit is simply a legal action, brought in court, by someone who has been injured (either physically or emotionally) by another person, usually by way of an accident, fall, or product malfunction. There are many phases to a personal injury lawsuit, and it’s often difficult to predict how long it will take to resolve a case. This article will take you through each phase of a typical personal injury lawsuit.
After the lawsuit has been filed, the parties have an opportunity to get information from each other about the case. This can be in the form of written questions, sworn testimony in front of a court reporter, and requests for documents and things. For example, a plaintiff who was injured tripping on a step may want to find out if other people had tripped on the same step before the accident. This information would be used to show that the owner knew the step was dangerous and should have foreseen that someone might be injured in a fall (a necessary element to prove negligence on the part of the owner). On the other hand, the owner might want to find out if the plaintiff had been injured before to argue that the injury claimed was not caused by the fall on the steps.
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.

Licensees: There are two types of licensees: invited and uninvited. An invited licensee is someone who is invited to come onto the property by the landowner as asocial guest, while an uninvited licensee is someone who is not invited to enter the land, but whose presence there is reasonable under the circumstances, such as a door-to-door salesman or mailman.
Dan Newlin Injury Attorneys has the experience, knowledge and resources to help if you find yourself injured as the result of a fall on another’s property. Help is just a phone call away. Please call (407) 888-8000 and have an attorney give you the answers you need to all of your questions about slip and fall accidents. Do not go it alone, get advice from an experienced attorney. You will be glad you did.
Many slip and fall accidents are caused by wearing shoes that are inappropriate for a particular activity or a particular place. Eliminate this risk by wearing shoes that are appropriate for your surroundings and making sure that your shoelaces are tied at all times. If your the type of person to wear unsafe shoes like high heels, then try keeping a pair of flats in your car to change into.

At the Phillips Law Group, we understand that a car accident can be an overwhelming experience. For this reason, we handle every aspect of the claims process, allowing you to focus on recovering from your injuries. As experienced Phoenix auto accident lawyers, we have handled thousands of car accident claims and have negotiated settlements and recovered trial verdicts that have resulted in millions in compensation for victims and their families. We are one of the largest consumer law firms in Arizona and are committed to aggressively defending the rights of our clients. Contact us for a free, no obligation consultation to discuss the terms of your claim. All of our Phoenix personal injury attorneys charge no fees unless we help you recover compensation for your case.


Attorneys in this specialty usually represent clients on a contingency basis. Their fees represent a percentage of the plaintiff's eventual compensation when the case is resolved, typically from 30 to 40 percent. This arrangement means that the plaintiff doesn't pay a fee unless and until the lawyer recovers money on her behalf. These lawyers are typically only compensated if they win.
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.
Damages are categorized as either special or general. In torts, special damages are measurable costs which can be itemized such as medical expenses, lost earnings, and property damages whereas general damages include less measurable costs such as pain and suffering, loss of consortium, the effects of defamation, and emotional distress. Personal injury torts may result in claims for both special and general damages.
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.

Every state has what is called a "Statute of Limitations" which puts a time limit on how long after an accident a person has to file a claim. In Georgia, the time frame allotted for filing a slip and fall accident injury claim is two years. If a victim does not file a claim within this time frame, the courts will not hear their case and they are not eligible for compensation. 
In California, according to California Code of Civil Procedure Section 335, the statute of limitations in California is 2 years from the date of loss. A date of loss refers to the date in which the accident has happened. Minors in California who are filing a claim against an entity or person has until 2 years after their 18th birthday to satisfy the statute of limitations. For governmental claims, both minors and adults have 6 months to file a claim with its corresponding jurisdiction according to Government Code section 911.2. After filing a claim to satisfy Government Code Section 911.2, you have an additional 6 months to file a lawsuit against a government entity.
In the UK, research has shown that investment in a safe road infrastructure program could yield a ⅓ reduction in road deaths, saving as much as £6 billion per year.[51] A consortium of 13 major road safety stakeholders have formed the Campaign for Safe Road Design, which is calling on the UK Government to make safe road design a national transport priority.
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 »
Many personal injury lawsuits have strict deadlines embodied in the law — these laws are called “statutes of limitations.” In some states, you have as little as a year or two after your accident to file a lawsuit. If you wait too long to file, then a personal injury law firm can’t take your case and you won’t be able to pursue compensation for your injuries.

However, property owners do need to be careful in keeping up their property. While there is no precise way to determine when someone else is legally responsible for something on which you slip or trip, cases turn on whether the property owner acted carefully so that slipping or tripping was not likely to happen -- and whether you were careless in not seeing or avoiding the thing you fell on. Here are some general rules to help you decide whether someone else was at fault for your slip or trip and fall injury.


With so many moving parts, personal injury cases and other torts can get complicated. It’s important to hire a knowledgeable and experienced personal injury attorney to advocate for your rights. If you or a loved one has been injured in a personal injury accident, you may be entitled to compensation through a personal injury lawsuit. Contact Ankin Law Office at (312) 346-8780 or (312) 600-0000 to schedule a free, no obligation consultation with one of our Chicago personal injury lawyers.
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.

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.
The other thing to remember is that the insurance company is NOT on your side. The insurance company is in business to make money, and it makes money when it pays out less money to you on a claim than it otherwise has to. The insurance company tries to accomplish this by arguing (1) the accident was completely or partially your fault, and so you should only be paid a reduced amount on your claim, and (2) you haven’t provided sufficient documentation to support your claims of loss. Sometimes it may argue both points with you.

Informal Settlement - In reality, most disputes over fault for an accident or injury are resolved through informal early settlement, usually among those personally involved in the dispute, their insurers, and attorneys representing both sides. A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money.
There are many dangerous conditions like torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor can cause someone to slip and be injured. Same goes if someone trips on a broken or cracked public sidewalks, or falls down a flight of stairs. In addition, a slip and fall case might arise when someone slips or falls outdoors because of rain, ice, snow or a hidden hazard, such as a pothole in the ground.
Premises Liability: Property owners are responsible for maintaining the property in a reasonably safe condition, or at least giving adequate warning of any danger. When poor maintenance, construction defects, or inadequate security result in accidents or assault, our Colorado premises liability attorneys will investigate the incident and aggressively pursue compensation for your injuries.
Many personal injury claims are the result of an injury that did not appear as serious when it first occurred, but later manifested to a serious situation that required ongoing medical treatment and created a pain-and-suffering compensation situation. All states have a statute of limitations law that is assessed for each particular personal injury lawsuit. This can be an effective defense in cases that are filed at the end of the limitations time period, even when the injury was recognized at a significantly earlier time. Why the plaintiff waited until the end of the limitations time period can be an issue as well because it could indicate that the injury is not as serious as claimed. This could result in a dismissal based on being a frivolous claim.
At Morgan & Morgan, we have handled many cases like this, investing time and energy on a contingency-fee basis in order to get your family justice. For one family, our attorneys were able to secure a $38 million verdict from a doctor and hospital responsible for birth injuries associated with a delayed C-section. One birth injury is too many, but when they do happen we’re available to help families hold medical professionals accountable for negligent practices.
Many people who are involved in an automobile accident delay seeking medical care or treatment because they don’t have medical insurance. When you come to Accident Care and Treatment Center, Inc., you never have to worry about that. We don’t require you to have medical insurance, which means you can get the care you need even if you don’t have current coverage. This is possible, in part, because we deal with the liable party’s automobile insurance company to make sure that you get the care you need.

In most cases, a person injured in a slip and fall on someone else's property must prove that the cause of the accident was a "dangerous condition," and that the owner or possessor of the property knew of the dangerous condition. A dangerous condition must present an unreasonable risk to a person on the property, and it must have been a condition that the injured party should not have anticipated under the circumstances. This latter requirement implies that people must be aware of, and avoid, obvious dangers.

If you have suffered an injury or illness due to careless, unprofessional, or incompetent treatment at the hands of a doctor, nurse, hospital, clinic, laboratory, or other medical provider, both the medical questions and the legal rules involved are complex. They almost certainly require that you hire a lawyer experienced in medical malpractice cases. See Nolo's section on Medical Malpractice for more detail on these complicated cases.
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