I served four great years in the military including Airborne Service in Southeast Asia from 1968-1970. After leaving the military, I used the GI Bill to attend UC Davis. I married in 1978 and later graduated from McGeorge School of Law in Sacramento in 1982, the same year my son, Brant was born. I opened my own office in 1983 and started working on personal injury cases exclusively in 1987. Since then, my office has handled thousands of personal injury cases including catastrophic injury and wrongful death cases.
You should use your phone camera to take photographs of the unsafe property conditions that caused the accident. It is important to document the unsafe conditions before they are repaired. If you pursue a premises liability claim, the medical report and photographs of the unsafe conditions and your injuries may provide evidence to support your claim for compensation.
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. 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. 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.
States that recognize contributory fault laws will not award a settlement to a plaintiff if there is any degree, even the slightest, of partial blame on the part of the injured party. States that enforce comparative negligent laws will award compensations in cases where there is partial negligence, but they will reduce the settlement in proportion to the percentage of liability. Determining partial liability on the part of the injured person is determined by the engagement, access and warnings provided to the plaintiff. If the injured person was distracted by talking or texting on the phone they may be deemed to personal liability. If the injury took place in a restricted area in which the plaintiff was not granted access to, or they disregarded warning signs posted in the area, those issues may also present a case of partial liability.
Florida Injury Law Firm has provided outstanding service and results for years. Our firm has recovered more than $100 million in personal injury damages, and our attorneys are Lifetime Members of the Million Dollar and Multimillion Dollar Advocates Forum®, "The Top Trial Lawyers in America." We use an aggressive approach when handling our clients' cases, and we also provide personal attention and support to our clients as they go through some of the most difficult times in their lives. If you are in need of a superior expert personal injury lawyer specialist to assist you and to fight for the compensation that you deserve, look no further than Florida Injury Law Firm.
Invalid assertions can be stricken from the record in some instances when the plaintiff legal counsel cannot prove the claims. Some claims are filed with overstated pain-and-suffering claims as well as overly-calculated loss of future wages. The diagnosis and prognosis of medical treatment professionals can be evaluated and defended as well, many times by a second opinion from an impartial medical professional who is legally qualified to present a competing analysis. While this may not always result in a case dismissal, certain items can be eliminated and injury claims regarding the degree of injury can require closer evaluation, which normally results in a reduced amount of financial damages available.
As mentioned above, plaintiffs can get compensation for certain types of damages related to their injuries. Essentially, personal injury lawsuits are filed to seek compensation, also known as “damages,” for the harms plaintiffs have suffered. The idea is that an injury victim is compensated so that he or she doesn’t have to bear the financial burden of the consequences of another’s actions.
Accidents rarely come with any forewarning, leaving most victims unprepared and unsure of how to proceed. When you or someone you know is injured, you will have a lot of uncertainty and need to make a lot of decisions very quickly. You should always seek immediate medical attention for any injuries and also seek the assistance of qualified, experienced legal representation. But, how do you know who the best attorney is for your case?
You may find this process frustrating, and even exasperating. However, the more information and documentation you provide to the insurance company, the more likely you are to receive fair compensation from the insurance company for all of your damages. Remember, the insurance company is not required to reach a settlement agreement with you. The insurance company may say at some point, “This is the best offer we’re going to make – if you want more money, then file a lawsuit.” (More: When Injury Settlement Talks Fail.)
While there are sometimes a few lucky people who walk away from a car accident without injury, it’s not common. For those who aren’t so lucky, quality medical care is important. Because of the high impact nature of many car accidents, there are a wide range of injuries that you may experience during a collision, and only some of the injuries are immediately obvious. Unfortunately, other types of injuries can take days or weeks to manifest. Some of the most common injuries people experience as the result of a car accident that may not be obvious include:
Settlements can also benefit the defendant if there is a reason they’d like to stay out of the public eye. For example, if only a few people are injured by a defective product, the company may like to keep major publicity away. When drafting the settlement, the defendant company may include a confidentiality requirement that the plaintiff would sign. In exchange, the company may be more likely to offer a larger settlement amount.
When a case goes to trial, your attorney presents his or her side to the judge or jury, then the party who injured you (defendant) puts on their defense. After each side presents their arguments, the judge or jury determines: (1) if the defendant is liable (legally responsible) for your injuries and harm, and (2) if so, the amount of damages the defendant must pay you.
In order to prove that someone is liable, they must have a legal responsibility for the property and any occurrences that take place on that property. A property owner or business owner would normally assume liability for an injury that happens in their place of business, unless they have insurance that relieves them of that liability. In the case that the owner or employer has liability insurance, the insurance company assumes the liability and therefore the plaintiff must file a suit against them instead of the insured.
When an insurance company is involved, personal injury cases will almost always reach a settlement. There are several reasons for this. The first is, of course, the money. Insurance companies are ultimately a business. They have the money to pay out claims and even expect it. It is expensive for an insurance company to go to trial. There are large legal fees regardless of the outcome. Worse, at the end of the day, they can’t control that outcome. The insurance company would rather have some say in the settlement decision than leave it in the hands of a sympathetic jury that has the power to award large pain and suffering damages to the plaintiff.
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.
We thoroughly research the nature of your injuries and team with you and your doctor's to get you back to a state of vibrant health. We communicate with you every step of the way. We encourage you to try different practices to reduce stress in your life. Stress and pain are inextricably related and over the years we've found many things that can help relieve stress. We'll encourage you to try them as we go forward with you on your road to recovery.
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.