The only way to sue after a settlement negotiation is to back out before accepting the opposition’s offer and instead move to a trial. The risk is greater, but so is the potential reward. The trial value of a personal injury claim is almost always higher than the settlement value, and the plaintiff could secure much more compensation; however, trials take longer and will generate more legal fees for the plaintiff.
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. 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).
All of our medical professionals are dedicated with providing you with the absolute best care possible. If you’ve been involved in a car accident, it’s likely that you’re already stressed out by all of the different things you need to get done. We are happy to provide you with a variety of patient resources that can make a difficult situation a little bit easier.
Laws determining liability for a lawsuit vary by jurisdiction. Generally, an animal’s owner is liable for the destructive actions of the animal — whether they were aware of a dog’s aggressive personality or not. However, in certain states the law assigns a degree of liability based on certain factors, such as whether or not the victim provoked the animal and where the attack occurred.
George Salinas and his team are very helpful and took care of my case in a time that was very stressful and scary for me… and my family. They made sure that I received a fair settlement, and always kept me informed on my case. I never felt like I was in the dark and always felt his team was honest with me. My case was long and stressful but they got me through it. I would recommend his law office to everyone.more »
The most important rule about settlements is that, once the plaintiff tells the defense that he or she has accepted the settlement offer, the case is over. In almost every state, this is final. A change of heart about the settlement offer, even five minutes after it’s been accepted, will go nowhere. Just like any other contract, there is almost zero chance of getting the court to reverse a settlement agreement. For this reason, it’s important that the plaintiff carefully consider the terms of a settlement offer – amount of money, payment terms, release of liability, confidentiality terms – before accepting.
The insurance company is making a settlement offer based on what they expect the court to rule, and by taking the case to trial, you might get a larger ruling. However, if you do not have enough evidence, or your case is not strong enough, your case may fail to even meet the burden of proof and the defendant may not have to pay you anything at all. In other cases, the financial compensation that the jury will award will be less than the amount you would have received had you simply taken the settlement.
Aside from insurance claims, auto accident victims also might be legally entitled to financial compensation from liable parties. A skilled lawyer can help you assess whether or not you have a case and can represent you if you decide to pursue a personal injury lawsuit. The person or organization responsible for your injury will most likely avoid paying you unless they are legally compelled by the courts. Working with an auto accident attorney can even convince the responsible party to settle out of court, paying you sooner and with less hassle.
Farar & Lewis LLP is a top rated, Los Angeles personal injury law firm, that helps victims of accidents get the compensation they deserve. Our team of trial lawyers has over 30 years of combined experience, fighting on behalf of victims all over the state of California. Every single one of our attorneys is recognized, as a leader in the field – both by the media, and lawyer ranking platforms. You can trust our experience.
The Colorado Premises Liability Act makes landowners and those who exercise sufficient control of the property such as business tenants responsible for activities and conditions on the property. The duty that the property owner or business tenant owes depends on the status of the person injured. The duty that a landowner owes to a customer visiting a business or a social guest invited to a home is generally higher than the duty owed to a trespasser. The relation of the injured person to the property owner or manager is determined on a case-by-case basis. If the accident victim is a child, that fact must be taken into account because children may be too young to comprehend a property hazard or unsafe condition. For instance, a young child who cannot swim may be attracted to an unsecured swimming pool and not recognize the danger of getting in the pool.
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.
Social Security Disability (SSD): Although many American workers pay into Social Security for most of their lives, Social Security Disability benefits can be difficult to obtain when you need them. Most claims are denied by the Social Security Administration in the initial application phase. Our firm can make a difference in the outcome of your disability claim.
If you want to exchange the product you ordered for a different one, you must request this exchange and complete your replacement order within 60 days of purchase. The purchase price of the original item, less any money paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order, will be credited to your LegalZoom account. Any payments made directly by you to attorneys affiliated with our legal plans or attorney-assisted products are not eligible for exchange or credit. Any price difference between the original order and the replacement order or, if a replacement order is not completed within 60 days of purchase, the full original purchase price (in each case less any money paid to government entities or other third parties) will be credited to the original form of payment. If you paid for your original order by check, LegalZoom will mail a check for the applicable amount to your billing address.
This information can’t be found on a website. Nor can it be located at the other end of a 1-800 number. We believe it should come from a face-to-face meeting or phone interview with the slip and fall lawyer handling your case. If you need help finding medical care, our Tampa slip and fall lawyers can point you in the right direction by helping you find a medical provider suited for the injuries you suffered.
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.
Our firm offers a risk free evaluation, in person – or over the phone. We can even come to you – at your home, place of business, or the hospital, in order to help explain how we can help and to give you the legal help you deserve. Our only goal is to help you. We never charge an upfront fee, and we work on a contingency fee basis. If we don’t win, we don’t get paid. Contact us today.
Medical records, which can show diagnoses, prescriptions, clinical visits and hospital stays, are a major way of showing both the extent and duration of recovery from an injury. This only works, though, if you are proactive about your treatment and communicate with your physician in a comprehensive manner. It can also be helpful to take photos and videos of your injuries and keep written records of your symptoms.
A 1985 study by K. Rumar, using British and American crash reports as data, suggested 57% of crashes were due solely to driver factors, 27% to combined roadway and driver factors, 6% to combined vehicle and driver factors, 3% solely to roadway factors, 3% to combined roadway, driver, and vehicle factors, 2% solely to vehicle factors, and 1% to combined roadway and vehicle factors. Reducing the severity of injury in crashes is more important than reducing incidence and ranking incidence by broad categories of causes is misleading regarding severe injury reduction. Vehicle and road modifications are generally more effective than behavioral change efforts with the exception of certain laws such as required use of seat belts, motorcycle helmets and graduated licensing of teenagers.
A plaintiff must prove four elements to prevail in a slip and fall case. The elements are the same for any tort, and are duty, breach of duty, causation and injury. The defendant (usually the property owner) must have a legal duty to prevent injury to the victim. The court will generally hold the defendant to the standard of what a reasonable person would have done under the same circumstances, There is a legal duty to prevent predictable harm to another individual. Once a duty is established, the plaintiff must show that the duty was breached, meaning the defendant violated his or her legal obligation to ensure the safety of the plaintiff. Next, causation must be shown; that the defendant’s breach of duty caused the plaintiff’s injury. The defendant (property owner) does not have to directly cause the plaintiff’s injury by committing an action to be held liable. If a defendant’s inaction or failure to create a safe environment caused the injury, the defendant can also be held responsible. Lastly, the plaintiff must prove to the court that an injury occurred. In the case of a slip and fall, the injury will be physical in nature.
Premises Liability: Property owners are responsible for maintaining the property in a reasonably safe condition, or at least giving adequate warning of any danger. When poor maintenance, construction defects, or inadequate security result in accidents or assault, our Colorado premises liability attorneys will investigate the incident and aggressively pursue compensation for your injuries.
In some cases, involving a defect in the design or manufacture of motor vehicles, such as where defective design results in SUV rollovers or sudden unintended acceleration, accidents caused by defective tires, or where injuries are caused or worsened as a result of defective airbags, it is possible that the manufacturer will face a class action lawsuit.
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.
Once the summons is issued we forward that summons to a Private Process Server or the County Sheriff to serve the summons on the Defendant. The summons needs to be served on the defendant individually, or left with a relative over the age of 16 at their home. If the defendant is a corporation or business, we serve their registered agent that is on file with the secretary of state.
That's pressure, particularly when you consider that some personal injury cases can drag out for years before they're resolved. This makes efficient time management skills very important as well. You'll have to balance these long, involved cases with shorter, less demanding ones if you're going to pay the bills, at least if you elect to go into practice for yourself.
There are demographic differences in crash rates. For example, although young people tend to have good reaction times, disproportionately more young male drivers feature in collisions, with researchers observing that many exhibit behaviors and attitudes to risk that can place them in more hazardous situations than other road users. This is reflected by actuaries when they set insurance rates for different age groups, partly based on their age, sex, and choice of vehicle. Older drivers with slower reactions might be expected to be involved in more collisions, but this has not been the case as they tend to drive less and, apparently, more cautiously. Attempts to impose traffic policies can be complicated by local circumstances and driver behavior. In 1969 Leeming warned that there is a balance to be struck when "improving" the safety of a road:
Premises liability is a complex area of Colorado personal injury law that applies to injuries caused by a business property owner, homeowner or landowner’s disregard for safety. In some instances, property owners are responsible for injuries, and in others they are not. Your right to file a premises liability claim in Colorado depends partly on whether you were an invited guest to the property, a customer at a retail business or a trespasser on the property. If you have an injury that you believe was caused by a property owner, you should speak with a knowledgeable Colorado premises liability attorney or our Denver slip and fall lawyer today.
My law practice is made up of unique individuals with great skill sets. Every one of them is conscientious and skilled employees who truly care about our clients. My staff and I have a long-term relationship with each other, as many of us have worked together for over 20 years. We are like a family here and we'd like to welcome you and your family to work with ours.
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.
Additional damages for mental injury without a physical injury are less clearly covered, as the insurance policy typically states that it covers only bodily injury. For example, in general liability as of 2001 a minority of courts included emotional distress within the definition bodily injury. Where a mental injury arises from a physical injury—as with a traumatic brain injury caused by a car accident—auto insurance policies normally cover the injury.
See Automobiles – Personal Vehicles for information about how you are insured when driving personal vehicles to conduct University business. If you are using your personal vehicle to conduct University business and you are in an accident you must still report the accident to the University as described above. However, since your coverage comes from your personal automobile insurance policy, you must also contact your own automobile insurance company and advise them if someone has been injured or there has been third party property damage.
When on a cruise or other ship, the passenger should receive all manner of care as per the duty of care owed by the owner of the ship, and when this duty of care is in breach, the maritime laws generally require certain rules for a possible claim against the owner. Within these situations, the victim will need a lawyer to initiate a claim and follow these maritime laws.
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.