While an individual driver is often legally liable for a crash, many other parties can be at fault. Consider a construction company that fails to put up the proper “detour” signs for road work. Someone might unwittingly drive their car into dangerous conditions. Or imagine a state highway full of deep potholes. Someone might lose control of their truck and slam into a telephone pole or another vehicle. And what if a car manufacturer fails to properly install the brakes on your car? When you are unable to stop, the resulting crash could be blamed on the factory owners who did not thoroughly test their products. In any case, a skilled lawyer can help determine the responsible person or organization and fight to get you the compensation you deserve.
Inadequate Security — A premises liability claim based on inadequate security may be appropriate if a guest or patron has been assaulted or robbed because a property owner failed to take safety measures to make a property safe such as replacing defective windows or doors, hiring adequate security personnel or replacing burned out lights. It must be proved that the property owner or business had a duty to provide for the safety of the person who suffered injury. Our attorneys investigate to determine if similar violent crimes have occurred recently at or near the property, therefore underscoring the need for added security.
Discovery Phase. During this phase, each party gathers testimony, evidence, documents and information from each other and from third parties regarding the case. Written discovery includes questions, also known as interrogatories, and requests for documents. Oral discovery, known as depositions, also takes place. During a deposition, witnesses, experts, and each party are questioned by a lawyer. Your involvement is crucial, so be sure that your attorney has your latest contact information.
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.
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.
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.
If you have sustained a slip and fall injury, you will improve your chances of a positive outcome by working with an experienced Denver slip and fall attorney. It is important to have an attorney who has handled numerous similar claims to get to work investigating your slip and fall accident as soon as possible. You need an attorney with trial experience, who knows what to expect in the courtroom.
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.
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.