When a foreign substance which can become a hazard is one that is naturally occurring, such as ice, snow, wet leaves, etc., and when the accumulation is not the fault of the landowner, the owner is under no duty to discover and then remove the hazard unless there is evidence that this had become an obvious hazard. This does not mean that a land owner or occupier has no duty to inspect its premises – it still has the duty to inspect. If a reasonable inspection had uncovered a hazard caused by the natural accumulation of ice, for instance, then the owner will still have liability for its failure to inspect. Such an inspection must be a thorough one and an owner cannot get by with a perfunctory review of its premises. There is no bright line test as to what constitutes a reasonable inspection – it will depend on many factors that are examined on a case by case basis.

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Thus, an easy way to think about landowner liability for slip and fall accidents is to split it into two tracks: liability for people who were invited onto the property and liability for people who were not invited onto the property. Landowners owe people who were invited onto the property (invitees and invited licensees) the duty to prevent slips and falls. For people who were not invited onto the property (uninvited licensees and trespassers), landowners owe no such duty.
Florida Injury Law Firm serves to maximize compensation for people who have been wrongfully injured in all kinds of accidents. Our expert Orlando injury lawyer has over 20 years of experience in personal injury law and has helped countless accident victims win fair compensation for their injuries and other damages. Our expert trial attorneys have won some of the largest jury verdicts in Florida's history on behalf of our clients. No matter how serious your accident may be, our experienced staff can work to achieve results.
If you've been injured in an accident that wasn't your fault, a personal injury attorney can help you receive a fair settlement from the insurance company. Although it's possible to receive some compensation without legal representation, if you don't have a personal injury attorney there's an increased chance that the insurance company will try to take advantage of you and give you less than you deserve."
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.
At the Chris Mayo Law Firm, our dedicated auto accident lawyers understand that a wreck can leave you shaken and experiencing extreme stress in the aftermath. If you have been hurt in an auto accident, you might be facing physical pain, high medical bills, and lost work wages. You may be struggling against unreasonable, unfair accusations from another driver’s insurance company.

Birth Injuries Birth injuries are particularly devastating for your family. A negligent mistake by an obstetrician or other medical professional can result in physical injuries to a newborn, and it can also lead to lasting conditions, such as cerebral palsy, paralysis, and brain damage. This can be traumatic to the children and the parents, as well as a major financial strain on the family.
For personal injury cases, The Sawaya Law Firm does not charge clients upfront to get started working on their claims. We will handle your claim on a contingency fee basis, meaning our legal fees will come as a percentage of the compensation you receive at the conclusion of your case. If we do not win compensation for you, we do not charge any fees.
I've written several books on personal injury law including The Ultimate California Auto Injury Handbook and The California Motorcycle Accident Handbook. I'm currently working on a book tentatively titled Personal Injury Picasso: How Attorney's Evaluate and Value Personal Injury Cases. These books are on Amazon (including Kindle) but you can obtain them free by emailing us at ed@autoaccident.com and requesting a copy. If you have been in a crash, these books are a valuable guide on what to do.
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.

When the lawsuit is finished, when an appeal is completed or a verdict entered that isn’t appealed, the plaintiff still has to collect the damages that have been awarded from the defendant. Some defendants are unable to pay damages, and plaintiffs usually name more than one defendant if possible to make sure they are able to collect enough to cover their damages and litigation costs. For example, a teenager driving a pizza delivery car probably won’t have enough personal assets to cover damages from a serious car accident. In that case, the plaintiff may collect from the employer or the employer’s insurance company.
The amount of your accident compensation is mostly determined by how severe your injuries were. And the severity of your injuries is measured by the amount of your medical bills, the type of injuries you have, and the length of time it takes for you to recover. As the amount of your potential compensation increases, the range within which that compensation may fall becomes wider. In such cases, it may be worth the expense to have a lawyer handle your claim and make sure you receive compensation at the highest end of the range.
In the pre-trial process, both sides will ask each other for evidence and witness information in a phase called “discovery.” At the early stages, both sides will also appear in court to inform the judge of how the case is proceeding, to agree or not agree to mediation or arbitration, and to set a trial date. As the discovery process proceeds, both sides will begin to schedule  depositions  of the opposing party and witnesses, i.e. examinations and cross-examinations under oath outside the courtroom.

I was in an accident in November 2017. I was not at fault, and the other guy’s insurance company quickly got nasty in …their efforts to discourage me from seeking medical treatment for myself and my children. I finally just called The Law Offices of George Salinas. I called on a Saturday, and he called me back personally. The paralegal (Maria), and attorney assigned to my case (Eunice) both went above and beyond dealing with paperwork and nasty insurance adjusters. They helped me get the medical bills paid fairly. I would recommend them to anyone in the same situation.more »
Farar & Lewis LLP is a top rated law firm, with over 30 years of combined experience. Our attorneys have won over $50 million, in combined verdicts and settlements for our clients. Our firm was founded on the concept of concierge customer service. Everything we do revolves around helping our clients get the best possible outcome. Almost all of our clients work with one of our founding partners, which ensures the highest level of service and success. We recognize that you’re trusting us with your future, and your families future — we take this responsibility seriously. As a result, we take on fewer clients than most other firms – in order to provide the highest levels of service.

^ 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....'")
Many personal injury lawsuits never make it to trial. It is almost always in the best interests of all parties involved to settle a personal injury lawsuit as quickly as possible to save time and resources. A settlement is also an opportunity for both parties to potentially benefit; the defendant may be willing to pay a little more than expected in exchange for a speedy resolution to the matter. Similarly, the plaintiff may be willing to forego a bit of compensation to get his or her money faster.
For automobile accidents in California, a plaintiff must show proof of financial responsibility (California Vehicle Code sections 16000-16078) and have a valid driver's license to claim economical and non-economical damages. Proving the minimum financial responsibility means that a person must be insured by the state's minimum coverage of insurance, which in some cases may be referred to "limited liability" type of insurance. If the person at fault cannot prove financial responsibility, a plaintiff may be unable to obtain damages as the person at fault may not be properly financially able to pay for those damages.
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.
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.

Our firm handles workers' compensation and personal injury claims in Chicago, Berwyn, Joliet, Cicero, Waukegan, Chicago Heights, Elgin, Oak Park, Oak Lawn, Schaumburg, Bolingbrook, Glendale Heights, Aurora, Niles, Schaumburg, Arlington Heights, Naperville, Plainfield and all of Cook, DuPage, Lake, Will, McHenry, LaSalle, Kankakee, McLean and Peoria Counties.
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.
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.
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.

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Seek immediate medical attention following a car crash. Even if you feel as if you are not injured, there may be a hidden condition that could have serious repercussions if left untreated. By seeking medical attention immediately after an auto accident, you are obtaining documented evidence that the injury was a direct result of the collision. The longer you wait to see a physician, the more difficult it becomes to prove that the injury was caused by the accident.
In a state like Texas, you have a number of Austin personal injury lawyers to choose from – that’s why you need an attorney who stands out from the crowd. Zinda Law Group is accredited by the Better Business Bureau®, and our founding attorney, Jack Zinda, is a member of the Multi-Million Dollar Advocates Forum® – a distinction held by only the top 1% of attorneys across the nation.

If you were injured or a loved one died in personal injury accident, the Chicago personal injury attorneys at Ankin Law Office, LLC can help you get money damages. Because we focus on representing accident and injury victims, we will provide you with efficient and effective legal counsel that is catered to your unique situation and personal needs. We will guide you every step of the way – from investigation of the accident and filing the complaint to negotiating with insurance companies and advocating on your behalf in a court of law.

On the opposite end of the tort spectrum, there are scenarios in which defendants will be liable even though they did everything possible to avoid causing the harm. This is referred to as strict liability. The law will hold a defendant strictly liable if someone is hurt while the defendant is engaging in a highly dangerous activity, even if the activity is legal and all precautions are taken. Building demolition and transporting hazardous materials fall into this category.
This typically involves three vehicles, two driven by criminals and the third by an innocent victim. The driver of the “squat” vehicle pulls in front of the victim’s car. The driver of the “swoop” vehicle pulls in front of the squat vehicle, causing the driver of the squat vehicle to hit his brakes. The victim cannot react in time and rear-ends the squat vehicle. The swoop vehicle races off and is not seen again. The victim then typically is responsible for any vehicle damage and personal injury to passengers in the squat vehicle.
If you've been injured in a slip and fall on someone else's property and are considering a legal claim, you should discuss your case with an experienced attorney. You should do so quickly, as there are time limits in which injured persons may file a personal injury lawsuit. Get started today by finding an experienced personal injury lawyer near you.
Violations of statutory law and vehicle code are often cited to establish negligence in motor vehicle accidents. If, for example, a driver failed to stop at a stop sign causing an accident, that statutory violation could be enough to establish fault in that accident. Establishing fault in a motor vehicle accident can be more complicated in some cases, however. If you have been injured in a motor vehicle accident, it’s important to contact an experienced personal injury lawyer like the attorneys at Ankin Law Office. Our attorneys can help you determine who is at fault for the accident and seek damages where appropriate. Waukegan car accident lawyers at Ankin Law Office deal with these issues on a regular basis, so if you’ve been injured, please give them a call.
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.
After you report the accident and make a claim, a SedgwickCMS claims administrator will contact you and request all the relevant information. The administrator will ask for any notes or diagrams you have made, photographs of the accident scene and/or your vehicle, cost estimates to repair the damage to your car, and in the case of injuries, any invoices or bills for medical services. If there was a police report, provide it, or the police report number, to the administrator.
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.
Arbitration is an alternative to the trial process. Arbitration is similar to a trial, but is conducted before an arbitrator or a panel of arbitrators. In binding arbitration the decision of the arbitrator or panel is as final as the trial court’s verdict. Parties to a lawsuit can agree to enter arbitration and are required to submit to arbitration in some contracts. For example, if you sign a contract with a health care provider that has an arbitration clause, if that person injures you, you may be bound by the agreement to use arbitration. Arbitration is usually less expensive than litigation and may be quicker.

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 »
There are times when an accident attorney is not needed. This is usually the case when the injuries are very minor and there are no disagreements about who was at fault and who should pay (and what amount should be paid). Often, however, things are not so simple. If you were involved in a more serious accident, you should contact a personal injury lawyer right away. See How a Personal Injury Lawyer Can Help for more information about what personal injury attorneys do and how they can help you you’re your case. If you are looking for a personal injury lawyer, you can find listings of qualified attorneys in your area by going to AttorneyPages.com. If you would like to have your case reviewed by an experienced personal injury lawyer, simply fill out our case evaluation form and an attorney will contact you for a no-cost, no obligation evaluation.
Car Accidents: Automobile accidents injure thousands of people every day. As reported by the National Highway Traffic Safety Administration (NHTSA), for 2013, on average, 6,337 people were injured daily in traffic crashes in the U.S. If you have been hurt in a car accident that was someone else’s fault, our firm can help you pursue the compensation you are entitled to receive.
For personal injury cases, The Sawaya Law Firm does not charge clients upfront to get started working on their claims. We will handle your claim on a contingency fee basis, meaning our legal fees will come as a percentage of the compensation you receive at the conclusion of your case. If we do not win compensation for you, we do not charge any fees.
Also note that, unless you're seriously injured and must be transported to a hospital immediately, you must not leave the scene of the accident (often called a “hit-and-run") without handling the necessary steps related to your particular accident. Doing so can result in misdemeanor or felony charges, as well as hefty fines, all depending on your state laws.
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 »
^ Varghese, Cherian; Shankar, Umesh (May 2007). "Passenger Vehicle Occupant Fatalities by Day and Night – A Contrast". Washington, DC: National Highway Traffic Safety Administration. National Center for Statistics and Analysis. The passenger vehicle occupant fatality rate at nighttime is about three times higher than the daytime rate. ...The data shows a higher percentage of passenger vehicle occupants killed in speeding-related crashes at nighttime.
As the discovery period ends, the lawyers will generally start talking about settlement. Sometimes the lawyers can settle a case just by talking among themselves, but, in other cases, they will go to mediation. Mediation is a process in which both clients and both lawyers go in front of a mediator to try to settle the case. (Learn more about Mediation of Personal Injury Claims.)
In order to have a viable personal injury claim in Texas, the injured person must be able to prove that the other party was at fault and that their contribution or fault was less than 51%. If you may have been partly at fault, an attorney may decline your case because the monetary award will be reduced or eliminated depending on the extent of your fault.
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