A personal injury claim seeks to make a plaintiff “whole” again after an injury caused by negligence. Once a plaintiff accepts a settlement or receives a case award, he or she is basically stating that the award makes him or her whole again. This means the defendant should not be liable for another claim for the same damages, and a “release of liability” generally puts this into writing.

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.
Burn/Fire Injuries Fire and burn injuries are some of the most dangerous and life-altering injuries a person can suffer. Imagine if your life or a loved one’s were irreparably changed for the worse, because of a chemical fire caused by unsafe working conditions or an apartment fire that occurred because of a landlord cutting corners with fire safety?
This phenomenon has been observed in risk compensation research, where the predicted reductions in collision rates have not occurred after legislative or technical changes. One study observed that the introduction of improved brakes resulted in more aggressive driving,[23] and another argued that compulsory seat belt laws have not been accompanied by a clearly attributed fall in overall fatalities.[24] Most claims of risk compensation offsetting the effects of vehicle regulation and belt use laws have been discredited by research using more refined data.[15]

Often, the key liability questions in slip and fall cases are:  1) Who are the potentially liable parties? And 2) Were those parties actually negligent, i.e.  by causing or failing to prevent the slip and fall accident? From the perspective of  the injured person,  in a slip and fall insurance claim or lawsuit,  another critical element  is anticipating and  defending against a claim that the injured person's own  carelessness somehow caused or contributed to the accident.

Discovery will be conducted over the course of the next several months. During discovery, each party has an opportunity to submit written questions and request documents for review. Depositions of the parties, witnesses, and experts will also be conducted.  During the deposition, the parties’ lawyers will ask questions of a party or witness, while under oath, prior to the actual trial. The deposition serves several purposes, including: (1) to find out what a party or witness will say at trial; (2) to obtain information that was not obtained in the written interrogatories; (3) to assess how the party or witness may be perceived by the jury; and (4) to preserve the record for testimony given at trial.
In the United States, for federal taxes payable to the IRS, the money awarded in a personal injury settlement as compensation for pain and suffering, medical expenses and property damage is not ordinarily taxable. Exceptions may apply, for example, if a plaintiff took a tax deduction in a prior year for medical expenses that are recovered through a later judgment or settlement. [21]
It is natural for a person to try to catch themselves when falling, that type of quick response can stop the fall all together, or make the injuries worse. When using your feet, knees or hands to prevent the fall, you could tear a ligament or tendon. These injuries can be treated with surgery and physical therapy, these type of injuries cause those injured to suffer life-long consequences that more often than not never completely heal.
Most people have never been involved in a lawsuit. As such, many accident victims and their families are anxious about pursuing a personal injury claim. It is true that a lawsuit could result in a trial before a jury, but most don’t, and the process should not be a stressful one. The steps below will help you understand the various stages of a personal injury lawsuit, from the initial consultation with an attorney through the resolution of your case.

We have built The Sawaya Law Firm around 12 Core Values , which have shaped the success of our firm and the results we have been able to obtain for the benefit of our clients. These core values have made a significant difference in our practice, and our reputation depends on them. If you would like to know more about our firm and the quality of service we provide, read what our clients are saying about us.
At the Phillips Law Group, we understand that a car accident can be an overwhelming experience. For this reason, we handle every aspect of the claims process, allowing you to focus on recovering from your injuries. As experienced Phoenix auto accident lawyers, we have handled thousands of car accident claims and have negotiated settlements and recovered trial verdicts that have resulted in millions in compensation for victims and their families. We are one of the largest consumer law firms in Arizona and are committed to aggressively defending the rights of our clients. Contact us for a free, no obligation consultation to discuss the terms of your claim. All of our Phoenix personal injury attorneys charge no fees unless we help you recover compensation for your case.

Road injuries resulted in 1.4 million deaths in 2013 up from 1.1 million deaths in 1990.[2] This is about 2.5% of all deaths.[2] In 2004 50 million more were injured in motor vehicle collisions.[4][78] India recorded 105,000 traffic deaths in a year, followed by China with over 96,000 deaths.[79] This makes motor vehicle collisions the leading cause of injury and death among children worldwide 10–19 years old (260,000 children die a year, 10 million are injured)[80] and the sixth leading preventable cause of death in the United States[81] (45,800 people died and 2.4 million were injured in 2005).[82] In the state of Texas alone, there were a total of 415,892 traffic collisions, including 3,005 fatal crashes in 2012. In Canada, they are the cause of 48% of severe injuries.[83]
Liability for slip or trip and fall injuries may arise based upon a defendant's ownership of the premises where the injury occurred, their control of the premises, or both.[3] For example, a store may be liable for a slip-and-fall injury that occurs inside of its premises, even though it rents those premises, because it has exclusive control of the interior of the rented property. The owner of the premises (the store's landlord) may have sole or shared liability for an injury that occurs outside of the store's exclusive premises, such as the injury from a fall on the sidewalk or in the parking lot of a shopping mall.[4]
It’s a well known fact, insurance companies make money – by denying personal injury claims. Their goal is to hinder, limit, and deny, your claim and give you as little money as possible. When you speak to them without an attorney, you have no leverage, and are at a potential disadvantage. Without a proper understanding of the law, you may find it difficult to compel them to play fair. Most victims don’t know the law, and don’t know enough to file a personal injury claim on their own due to a lack of knowledge and/or understanding. Insurance companies know this, and can play games in order to harm your chances of getting compensation. In some cases, victims may not understand the true value of their potential claim – and may settle for less. For example, many clients we’ve spoken to don’t know they can ask for future/past medical bills to be covered — or even future lost wages to be covered as a part of the final settlement/verdict. Our attorneys can help advise you about your right, and tell you what you may be entitled to as a result of your injuries. One of things we do, as a part of your case – is do a full investigation into the case in order to secure necessary evidence that proves your point of view. 
Some auto accident injuries can take days or even weeks to fully manifest, so we encourage anyone who has been involved in an accident to seek qualified medical attention as soon as possible — even if they don’t feel like they are injured. And, of course, quality auto accident treatment starts with the correct diagnosis. The doctors and other medical practitioners at Accident Care and Treatment Center, Inc. offer complete diagnostic capabilities right on-site, including everything from your initial exam, to on-site advanced diagnostic imaging like x-rays, CT scans, and MRIs.
See Automobiles – Rental Vehicles for information about how you are insured when driving rental vehicles to conduct University business. If you are using a rental vehicle to conduct University business and you are in an accident you must still report the accident to the University as described above. However, your insurance coverage comes from the rental car company so you need to report the accident to the rental car company as well and advise them if someone has been injured in the accident, if there has been third party property damage, or if the rental vehicle has been damaged.
Personal injury is the general category under which all personal injury cases fall. Personal injury and health laws cover automobile accidents, product liability, dog bites, animal attacks, medical malpractice, construction accidents, and premises liability. You can learn more about the validity of your claim by reading our law library article, "How much is your claim worth?"
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.
Not only would I recommend The Law Offices of George Salinas, but I’m a returning customer! Not only does he do a grea…t job as a lawyer, but he truly cares about the well being of his clients! I want to thank him and his staff for the kindness and respect they showed me and the effort they put forth to bring my case to the best outcome possible for me!more »

When the case is finally ready for trial, many courts require the attorneys to meet with a judge for a settlement conference where the judge tries to help the parties reach a settlement agreement before going to trial. In some places the parties are referred to mediation before a case can be set for trial. In mediation the parties themselves might be present and the session is directed by a mediator instead of a judge.


Licensees: There are two types of licensees: invited and uninvited. An invited licensee is someone who is invited to come onto the property by the landowner as asocial guest, while an uninvited licensee is someone who is not invited to enter the land, but whose presence there is reasonable under the circumstances, such as a door-to-door salesman or mailman.
Personal injury cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. A personal injury case can become formalized through civil court proceedings that seek to find others legally at fault through a court judgment or, as is much more common, such disputes may be resolved through informal settlement before any lawsuit is filed:

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 »
Good plaintiff’s lawyers don’t want to appear overeager to talk settlement because the defense attorney might interpret that as being desperate. If the defense attorney thinks that the plaintiff is desperate to settle, the defense attorney will usually make lowball offers and try to get the plaintiff to settle for far less than the case is worth. Thus, good plaintiff’s lawyers usually wait until the defense attorney asks them to make a settlement demand.
If insurance applies, and the defendant must notify the insurance company as soon as he or she knows about the lawsuit (which is a strict requirement in insurance policies). The insurance company will then supply and pay for its own lawyer if the defendant has not already hired one. Defense attorneys work for an hourly rate, not a contingency fee, so if the defendant can afford to pay out-of-pocket, a “losing” case headed for early settlement is not a deterrent to taking the case on.

Our Los Angeles personal injury attorneys are on your team. That means we’re with you 100% of the way. We prove this, by never charging any upfront fees. In addition, we only get paid if, and when, we win your case. That means if we can’t win your case – we don’t charge any fees. Our Los Angeles personal injury lawyers work on a contingency fee basis, meaning we have no upfront fees. If you don’t have medical insurance, we can even help get you treated – without upfront fees. In order to get started, we encourage you to contact us. We offer a risk free consultation – you have virtually nothing to lose.


Under the law, victims of car accidents are entitled to compensation for property damage, medical bills, lost wages, pain and suffering, and for permanent injury or disfigurement. Statistics demonstrate that accident victims who retain a lawyer receive on average three times the compensation paid to individuals who are not represented by legal counsel. Also, be aware that adjusters and insurers may try to take advantage of victims who are not represented by an attorney experienced in accident law.
Invitees: An invitee is a person who is either: (a) invited to enter the land or property for a purpose that is connected with the business dealings of the landowner, or (b) a member of the public who is on the land for a purpose for which the land is held open to the public. This could include retail shoppers, business guests, and visitors to public parks.

The global economic cost of MVCs was estimated at $518 billion per year in 2003, and $100 billion in developing countries.[78] The Center for Disease Control and Prevention estimated the U.S. cost in 2000 at $230 billion.[91] A 2010 US report estimated costs of $277 billion, which included lost productivity, medical costs, legal and court costs, emergency service costs (EMS), insurance administration costs, congestion costs, property damage, and workplace losses. "The value of societal harm from motor vehicle crashes, which includes both economic impacts and valuation for lost quality-of-life, was $870.8 billion in 2010. Sixty-eight percent of this value represents lost quality-of-life, while 32 percent are economic impacts."[92]


In order to get compensation, you have to be able to establish fault – and a responsible party. Most accidents aren’t intentional, but they happen. Just because it’s an accident doesn’t mean the other party isn’t responsible. Our job, is to show to the court and opposing insurance company that the other party caused you harm – by acting in a manner that is not “reasonable.” We demonstrate that they are responsible, and that you have suffered emotionally, physically, and financially, as a result of your injures – which is the basis for the claim. If the court determines that you were acting careless, it may reduce the amount you are entitled to. Our goal is to look at the evidence, and then build a personal injury claim which proves your the victim.
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.
Ultimately, your attorney is in the best position to let you know when a settlement offer is fair, or when your case is strong and you should go to trial. Make sure you consult with a qualified lawyer before giving up your right to sue or accepting or turning down a settlement, as once you make a decision on accepting a settlement, you cannot simply change your mind later on.
Some non-economical damages such as pain and suffering attributed to the damages, like for example having anxiety after a car accident, may be attributed to general damages that can be proved in court and may be entitled to monetary means of compensation. There are other torts, both intentional and non-intentional, that may be pursued and or mixed with personal injury.

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.
Some organizations have begun to avoid the term "accident", instead preferring terms such as "collision", "crash" or "incident".[7][8] This is because the term "accident" implies that there is no-one to blame, whereas most traffic collisions are the result of driving under the influence, excessive speed, distractions such as mobile phones or other risky behavior.[9][10]
A personal injury lawsuit is simply a legal action, brought in court, by someone who has been injured (either physically or emotionally) by another person, usually by way of an accident, fall, or product malfunction. There are many phases to a personal injury lawsuit, and it’s often difficult to predict how long it will take to resolve a case. This article will take you through each phase of a typical personal injury lawsuit.
Some crash types tend to have more serious consequences. Rollovers have become more common in recent years, perhaps due to increased popularity of taller SUVs, people carriers, and minivans, which have a higher center of gravity than standard passenger cars. Rollovers can be fatal, especially if the occupants are ejected because they were not wearing seat belts (83% of ejections during rollovers were fatal when the driver did not wear a seat belt, compared to 25% when they did).[52] After a new design of Mercedes Benz notoriously failed a 'moose test' (sudden swerving to avoid an obstacle), some manufacturers enhanced suspension using stability control linked to an anti-lock braking system to reduce the likelihood of rollover. After retrofitting these systems to its models in 1999–2000, Mercedes saw its models involved in fewer crashes.[57]

In many cases, if you are injured in a slip and fall accident as a result of a dangerous condition while you are in a business establishment or on another’s property, you may have a claim for that injury under Florida law. If you are a property owner and someone injures himself on your land, you may find yourself legally responsible for his or her injuries. Either way, you should seek the advice of an experienced personal injury attorney right away.

At Gruber Law Offices LLC, our lawyers have been awarded membership in the Million Dollar Advocates Forum, named among Wisconsin Super Lawyers®, and listed among the National Trial Lawyers Top 40 Under 40 and Top 100 Trial Lawyers in the U.S. We are committed to protecting the rights of our injured clients and pursuing the compensation they need and deserve.
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.

One thing you should keep in mind when considering a personal injury lawsuit is whether you will actually be able to recover the damages awarded to you by a court. If you file a personal injury lawsuit after a dog attack against a dog owner who has no job or other assets (such as a home or car), you may not ultimately recover any money from the dog owner.
Car Accidents: Southern California is filled with cars. Many people have a car, and most houses have multiple cars. Many drivers, and bystanders, often get hurt as a result of car accidents. Regardless of when, where, or how, the accident happened – we can help victims of auto accidents. Whether you were riding your bike, and were hit by a car – or whether you were a passenger in a car – we can help. Our goal is to help victims of auto accidents recover. We can help you get medical attention, in addition to helping with all other elements of your case. 

Pain and Suffering This category of compensation is calculated and awarded based on the depth and breadth of the pain and suffering you’ve endured — your type of injury and what medical treatment was required. To get this kind of compensation, which can exceed a million dollars in a jury trial, the plaintiff will need to have as much evidence as possible to prove the impact of an injury caused by the negligence of another.
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.
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.
Most personal injury cases are based on the doctrine of negligence. In essence, negligence requires every member of society to act responsibly and avoid putting others at risk. That is not to say that negligence will result each time someone gets hurt. The doctrine recognizes that some accidents are unavoidable. To establish liability, the plaintiff must show that a reasonably prudent person in the defendant's position would have acted differently under the circumstances.
Finally, the trial will begin and, for a typical personal injury case, last several days. At trial, the judge or jury will determine if the defendant is liable and, if so, how much the defendant is required to pay out in damages. After trial, either party can initiate an appeals process that can last from several months to several years. After the appeals process has been exhausted, a losing defendant will be required to pay the damages established at trial or on appeal.
At The Sawaya Law Firm, our practice has been dedicated exclusively to helping injured people for more than 35 years. We have helped thousands of people in Denver, Greeley, and throughout northeastern Colorado and the Rocky Mountains. Many of our attorneys, including our founding attorney, Michael G. Sawaya, have been listed among Colorado Super Lawyers®.
Mediation is a form of alternative dispute resolution that can be requested at any time during the court case. It involves both parties, their attorneys, and a neutral mediator who acts like a referee between the parties. During mediation, both sides present their case and engage in settlement negotiations as facilitated by the mediator. Mediations are non-binding, meaning that the parties can accept or reject the offer.
The first thing that you should do after getting injured in an accident is to get medical treatment. If you are hurt, go to the hospital or see a doctor. Not only is this the right thing to do for your health, but, if you don’t see a doctor for some time after an accident, the insurance adjuster and the jury will assume that you weren’t all that hurt.
Having the right personal injury attorney on your side can mean the difference between winning and losing your case, so choose yours carefully. Ask the attorney about his or her level of expertise and track record handling your type of case, their policy regarding communicating with clients, and any other questions you might have. At the initial meeting, the attorney will ask you many questions in order to get a full understanding of your case. Be wary of any attorney who, during the initial meeting, makes promises about how much money you can expect to receive. Good lawyers need more time to truly evaluate the value of your case, and they sometimes need to get experts involved too.
The global economic cost of MVCs was estimated at $518 billion per year in 2003, and $100 billion in developing countries.[78] The Center for Disease Control and Prevention estimated the U.S. cost in 2000 at $230 billion.[91] A 2010 US report estimated costs of $277 billion, which included lost productivity, medical costs, legal and court costs, emergency service costs (EMS), insurance administration costs, congestion costs, property damage, and workplace losses. "The value of societal harm from motor vehicle crashes, which includes both economic impacts and valuation for lost quality-of-life, was $870.8 billion in 2010. Sixty-eight percent of this value represents lost quality-of-life, while 32 percent are economic impacts."[92]
Finally, your own auto insurance policy also provides limited benefits for lost wages. These Income Continuation Benefits pay for lost wages for a minimum of 52 weeks in the amount of $100 or more per week. This amount can be greatly increased in both weekly amount and time period of payments by selecting available options. These benefits receive a credit for any Temporary Disability Benefits you are entitled to receive (whether or not you actually receive them). Therefore, you must apply for Temporary Disability Benefits immediately upon stopping work.
Motorcyclists have little protection other than their clothing and helmets. This difference is reflected in the casualty statistics, where they are more than twice as likely to suffer severely after a collision. In 2005, there were 198,735 road crashes with 271,017 reported casualties on roads in Great Britain. This included 3,201 deaths (1.1%) and 28,954 serious injuries (10.7%) overall. Of these casualties 178,302 (66%) were car users and 24,824 (9%) were motorcyclists, of whom 569 were killed (2.3%) and 5,939 seriously injured (24%).[59]
Whether it is at work or at a store, slip and fall accidents happen. Sometimes the floor is slippery and wet, other times there is an obstruction in the walkway that trips your foot. No matter what the cause is, if a person is injured due to a slips and fall in the workplace or in a public place, the employer or business may be liable for those injuries. Determining a slip and fall settlement is done in consideration of several factors such as negligence and liability. Additionally, While there are several common injuries associated with slip and fall accidents, the compensation is awarded for different categories of injury, including medical bills, attorney fees, as well as pain and suffering.
Finally, the trial will begin and, for a typical personal injury case, last several days. At trial, the judge or jury will determine if the defendant is liable and, if so, how much the defendant is required to pay out in damages. After trial, either party can initiate an appeals process that can last from several months to several years. After the appeals process has been exhausted, a losing defendant will be required to pay the damages established at trial or on appeal.
Here at Accident Care and Treatment Center, Inc., we pride ourselves on being the leading auto accident injury doctors in Oklahoma City, OK. Our team of highly qualified medical doctors and physician assistants can provide you with experienced, comprehensive, and effective medical care for your auto accident injuries. That’s because we’ve spent over 20 years developing the most complete medical injury treatment program in the region.
Patty is a pedestrian who is crossing the street at a crosswalk. Dave is a driver who fails to stop at a stop sign and hits Patty in the crosswalk, injuring her severely. Patty experiences significant pain and suffering, and incurs medical bills after treating her injuries. Patty sues Dave, and wins her personal injury lawsuit because she proves that:
My wife and I hired Mr. Salinas to represent our teenage daughter, who was involved in a very serious accident in South …Texas. He carefully gave us a detailed explanation throughout the process and we felt secure throughout our daughter's case. In the end, I can't say enough about how satisfied we were with the end result. I've since referred a co-worker and one of my cousins to his office.more »
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.
Our personal injury and car accident lawyers have won numerous prestigious awards, affiliations and memberships. We are part of the Million Dollar Advocates Forum, where membership is limited only to lawyers who have won multi-million dollar settlements. In the United States, less than one percent of attorneys are members of this exclusive group. In addition, many of our lawyers are members of the Top 100 Trial Lawyers in America, Wisconsin Super Lawyers®, Top 100 Best Trial Lawyers in America, National Trial Lawyers Top 25 Motor Vehicle Trial Lawyers and Top 25 Brain Injury Lawyers, and many more.
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