In a personal injury case, money damages are paid to an injured person (the plaintiff) by the person or company who is found to be legally responsible for the accident (the defendant or their insurer). A damage award can be agreed upon after a negotiated settlement -- among the parties, their insurance companies, and their attorneys, for example -- or may be ordered by a judge or jury following a court trial. (To learn more about how insurance companies value a claim after an accident, see Nolo's article How Do Insurers Value an Injury Claim?)
If there is no settlement, the case will proceed to trial. In order to be successful, the plaintiff will need to establish liability by proving the following to the judge or jury: (1) the defendant owed the plaintiff a duty of care; (2) the defendant breached his or her duty of care; (3) the plaintiff suffered injuries; and (4) the breach of the defendant’s duty of care was the proximate cause of the plaintiff’s injuries.
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.
Some auto accident injuries can take days or even weeks to fully manifest, so we encourage anyone who has been involved in an accident to seek qualified medical attention as soon as possible — even if they don’t feel like they are injured. And, of course, quality auto accident treatment starts with the correct diagnosis. The doctors and other medical practitioners at Accident Care and Treatment Center, Inc. offer complete diagnostic capabilities right on-site, including everything from your initial exam, to on-site advanced diagnostic imaging like x-rays, CT scans, and MRIs.
Special considerations arise when a slip and fall accident takes place on public property. Foremost is the issue of sovereign immunity. Historically, individuals were completely barred from suing the government for negligence. In modern times this rule has been amended by statute, and the government now allows itself to be sued in limited circumstances. If an injury does qualify, victims must also comply with strict notice requirements and time limits.
Like we said, most of the time, personal injury cases will settle outside of court. The best thing you can do if you’ve been injured because of the negligent actions of another, is to contact a personal injury attorney. A lawyer will be able to help you navigate the process, and advise you on whether or not an offer is fair. At Schultz & Myers, our attorneys exclusively practice personal injury law, so we are experienced in looking into every possible avenue to ensure that you get the compensation you deserve.
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.
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In some countries, those prevailing in trial may recover their attorneys' fees from the opposing party. In the United States A party may be able to seek sanctions when the other party acts without legal basis or justifiable cause. For example, if the opposing party continues to object to the complaint without significant reason or justifiable cause, a party may apply a motion for punitive damages or that the opposing party is harassing and or speculating without merit or reason.
Auto, truck, and motorcycle accidents affect people every day. The Texas Department of Transportation keeps track of the number of crashes, fatalities, and injuries that occur on roads in our state each year. According to TxDoT, Texas saw an increase in motor vehicle traffic deaths in 2016. 3,773 people died in auto accidents in 2016. That’s a 5.45% increase from 2015. To put these traffic fatalities in perspective: one person was killed every two hours and 20 minutes.
The answer to this question is complicated. In order to have any right to collect compensation for your injuries, the other driver involved in the accident must have been at fault. If you did not cause the accident and have been hurt, your ability to recover money depends on the type of insurance you have selected and the severity of your injuries.
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."