Medical treatment for car accident injuries can become expensive and may require long-lasting treatment and surgeries. Filing a claim detailing the damages you or your loved one has suffered could provide some financial relief needed to recover. Our Phoenix auto collision lawyers will be able to provide you with an assessment of the compensation you deserve.
Emotional distress. Usually linked to more serious accidents, emotional distress damages are meant to compensate a personal injury plaintiff for the psychological impact of an injury -- including fear, anxiety, and sleep loss. Some states consider emotional distress as part of any "pain and suffering" damage that is awarded to a personal injury plaintiff.
After an injury, if the damages appear to be more than the small claims court limit (around $5,000, depending on the state), most plaintiffs will seek out an attorney. The typical plaintiff’s personal injury attorney will consult with the plaintiff for free. If, after the initial consultation, it appears that the plaintiff  might  have a case, the attorney may agree to conduct an exploratory investigation, including whether or not the defendant has applicable insurance and/or sufficient assets. If the consultation and investigation lead the attorney to conclude that the case is viable, he or she will enter into a  fee agreement  with the plaintiff and officially become the plaintiff’s attorney.
A slip and fall accident can happen anywhere–at work, at home, at a friend’s house, at the shopping mall, or even at your place of worship. Slipping and falling can lead to serious and sometimes permanent injuries, especially for children and the elderly. The Occupational Safety and Health Administration (OSHA) estimates that slip trip and fall accidents account for 15% of all accidental deaths in the United States, which puts them in second place behind car accidents. The good news is that, in many cases, the person or business who owns or manages the land that a person slips and falls on is legally responsible for preventing those kinds of accidents. If they fail to uphold this legal duty and someone gets hurt, they could expose themselves to liability.
I know that my office will do a great job for you. I'm so sure of it that I'll make you a no-risk guarantee. If you decide after meeting me and my co-workers that you want us to handle your personal injury case and are later dissatisfied, you can walk away from your contract with me in the first 60 days and owe me nothing except any costs that I'm out of pocket. That seems only fair. If you don't think my office is doing a top-notch job, I want to make it easy to walk away. I do this because I'm confident you'll see we are a good match. You deserve a personal injury attorney that you trust and feel confident in.
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.
Research has shown that, across all collision types, it is less likely that seat belts were worn in collisions involving death or serious injury, rather than light injury; wearing a seat belt reduces the risk of death by about 45 percent.[52] Seat belt use is controversial, with notable critics such as Professor John Adams suggesting that their use may lead to a net increase in road casualties due to a phenomenon known as risk compensation.[53] However, actual observation of driver behaviors before and after seat belt laws does not support the risk compensation hypothesis. Several important driving behaviors were observed on the road before and after the belt use law was enforced in Newfoundland, and in Nova Scotia during the same period without a law. Belt use increased from 16 percent to 77 percent in Newfoundland and remained virtually unchanged in Nova Scotia. Four driver behaviors (speed, stopping at intersections when the control light was amber, turning left in front of oncoming traffic, and gaps in following distance) were measured at various sites before and after the law. Changes in these behaviors in Newfoundland were similar to those in Nova Scotia, except that drivers in Newfoundland drove slower on expressways after the law, contrary to the risk compensation theory.[54]
When you work with our firm after a serious accident, our Colorado personal injury lawyers will thoroughly investigate your accident and carefully document the facts in your case and the full extent of your injuries. We will help you get the medical care you need and actively pursue the compensation you deserve. Our experienced injury attorneys are aggressive advocates when dealing with insurance companies on your behalf.
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. If we do not win, you will not be responsible for attorney's fees, court costs, or litigation expenses. If you do win, these expenses and unpaid medical bills will be taken from your share of the recovery.
Many personal injuries involve insurance claims, and an insurance provider will generally require a release of liability before a policyholder or claimant can receive a settlement offer. Every state has different laws and regulations for handling insurance claims, but generally most policies allow for at least a few years for a claimant to dispute a claim or revisit a claim.
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.

After an injury, if the damages appear to be more than the small claims court limit (around $5,000, depending on the state), most plaintiffs will seek out an attorney. The typical plaintiff’s personal injury attorney will consult with the plaintiff for free. If, after the initial consultation, it appears that the plaintiff  might  have a case, the attorney may agree to conduct an exploratory investigation, including whether or not the defendant has applicable insurance and/or sufficient assets. If the consultation and investigation lead the attorney to conclude that the case is viable, he or she will enter into a  fee agreement  with the plaintiff and officially become the plaintiff’s attorney.


If you’re looking for help with your claim and the repairs, you could work with your favorite mechanic or one that ERIE recommends. Ask your ERIE claims adjuster about the qualified businesses that are a part of ERIE’s Direct Repair program. The network of businesses in the program will estimate the damages, share their estimate with us and then make the repairs.
Truck Accidents: Large commercial trucks, fully loaded, can weigh 80,000 pounds or more, and they often cause serious injuries to passenger vehicle occupants in a collision. Large truck collision cases can be more complex than other automobile accident cases because of the number of potentially liable parties, evidence that must be preserved, and the federal regulations involved. If you have been injured or lost a loved one in a crash with large commercial truck, do not hesitate to consult with an experienced truck accident attorney with The Sawaya Law Firm.
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.
Most personal injury damages are classified as "compensatory," meaning that they are intended to compensate the injured plaintiff for what was lost due to the accident or injury. A compensatory damages award is meant to make the injured plaintiff "whole" again from a monetary standpoint (to the extent that's possible). This means trying to put a dollar figure on all the consequences of an accident. Some compensatory damages are relatively easy to quantify -- like reimbursement for property damage and medical bills. But it's harder to place a monetary value on pain and suffering or the inability to enjoy hobbies because of physical limitations caused by lingering accident-related injuries.
Litigation represents the bread and butter of many law firms, so the employment outlook for personal injury attorneys is good. However, tort reform—proposed changes in common law civil justice systems that would reduce tort litigation and cap damage awards—could potentially reduce the number of claims filed and the damages recovered by plaintiff attorneys in the future.
PersonalInjuryLawyer.com is here to help. We’ve got hundreds of articles to help you understand every aspect of the insurance settlement or personal injury lawsuit process, plus in-depth information on everything from defamation and dog bites to slip-and-fall cases. You can educate yourself on every aspect of your claim, or just get a general sense of what to expect. And if you’re ready to discuss your case with an experienced personal injury attorney in your area, we can help with that too.

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.
Personal injury lawsuits are often valid and difficult to defend when the plaintiff legal counsel can establish the case with supporting documentation and identify the appropriate respondents who may have been negligent with respect to a reasonable duty of care owed to the injured plaintiff. This component of a personal injury lawsuit is often accomplished relatively easy following automobile accidents where the police have performed an investigation and listed all parties involved. Lawsuits also usually are filed after an extensive negotiation concerning the specific injuries that become items of damage recovery in the formal filing. Those negotiations consist of the legal positions of each party regarding the level of negligence and degree of responsibility for each respondent. In slip and fall personal injury cases, the dynamic is somewhat different, but automobile accidents regularly involve several parties who contributed to the accident in some manner who are also attempting to recover damages. This commonly results in very complicated cases where defendants and their insurance companies are attempting to lessen their level of fault and deflect responsibility to other involved parties. This is also why it is absolutely necessary to have an experienced personal injury lawyer defending your legal case.
This defense falls into the category of comparative negligence, which each state uses in some manner. Some states use pure comparative negligence that allows any injured party in an accident injury to receive some amount of financial compensation unless they are totally at fault for the injury, such as an intentional act or they were convicted of drunk driving. Most states use modified comparative negligence law that states plaintiffs are barred from any financial recovery if their comparative negligence percentage is greater than the respondent. The bar level is usually either 50% or 51% to deny a claim. In pure contributory negligence states, any contribution to the causation of the injury will be an effective defensive strategy. In premises liability cases, the focus is on individual reasonable assumption of risk based on the actions of the plaintiff. An example of this defense would be trespassers who are injured and normally lose their claims based on no authority to occupy the property. This means that technicalities can matter greatly, depending on the state of occurrence, and the particulars of the claim are all potential reasons for a case dismissal, or at least a reduced financial liability.
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.
Personal injury law refers to the legal remedies and defenses involved in civil lawsuits brought as a result of wrongful conduct. In fact, the word "tort" comes from a Latin term meaning twist, wrong, or harm. In contrast to criminal law, a tort action does not involve the government prosecuting the wrongdoer. Rather, these cases involve a private plaintiff seeking compensation (usually money) for the harm caused by the defendant's actions.
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.
After the accident: failure to mitigate damages. The law in most states expects plaintiffs in personal injury cases to take reasonable steps to minimize or "mitigate" the financial impact of the harm caused by the accident. If an injured plaintiff just sits back and rests on their proverbial laurels when it isn't reasonable to do so (by failing to get necessary medical treatment after an accident, and making their injuries much worse, for example) a damages award might be significantly reduced. (For more information on defense strategies that can counter an injury claim, read Nolo's article Defenses in Personal Injury Cases.)
The further along in the process you go, the more likely it is that you’ll pay your lawyer more. This is because each stage in the process requires more work on the part of your lawyer. Do your part to read related articles, talk to your attorney, and learn about the different pricing options that exist. Remember that a local personal injury attorney may have a different price than what you see online.
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.
If you're considering filing a personal injury lawsuit over a car accident, slip and fall, or any other kind of injury, you may be wondering "What is my case really worth?" The answer comes down to "damages" -- figuring out what your injuries have cost you monetarily, physically, and mentally (and, in some cases, whether the defendant's conduct should be punished).

The British road engineer J. J. Leeming, compared the statistics for fatality rates in Great Britain, for transport-related incidents both before and after the introduction of the motor vehicle, for journeys, including those once by water that now are undertaken by motor vehicle:[22] For the period 1863–1870 there were: 470 fatalities per million of population (76 on railways, 143 on roads, 251 on water); for the period 1891–1900 the corresponding figures were: 348 (63, 107, 178); for the period 1931–1938: 403 (22, 311, 70) and for the year 1963: 325 (10, 278, 37).[22] Leeming concluded that the data showed that "travel accidents may even have been more frequent a century ago than they are now, at least for men".[22]
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.
Many personal injury claims, especially ones involving car accidents, are resolved before a lawsuit is filed. As your attorney negotiates with the insurance company representing the party who injured you, a monetary offer may be presented to your attorney to settle the case. If a settlement offer is made, your attorney will inform you about the offer and give his or her opinion on whether you should accept it. You ultimately decide if the settlement is acceptable. Click here to learn about how much your personal injury case is worth.
Common types of personal injury claims include road traffic accidents, work accidents, tripping accidents, assault claims, and product defect accidents (product liability). The term personal injury also incorporates medical and dental accidents (which may lead to medical negligence claims ) and conditions that are often classified as industrial disease cases, including asbestosis and peritoneal mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermatitis, and repetitive strain injury cases. Of these, the most common are automobile collisions.[5] Personal injury cases may also include toxic torts, in which a contaminant transmitted by air or water causes illness, injury, or death (as in John Grisham's book, A Civil Action).
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.
A personal injury lawyer is a lawyer who provides legal services to those who claim to have been injured, physically or psychologically, as a result of the negligence of another person, company, government agency or any entity. Personal injury lawyers tend to practice primarily in the area of law known as tort law. Examples of common personal injury claims include injuries from slip and fall accidents, traffic collisions, defective products, workplace injuries and professional malpractice.
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