At Ankin Law Office, our experienced Chicago personal injury lawyers understand the complexities involved with personal injury cases, as well as the importance of presenting adequate supporting evidence. We will work with you to compile the necessary documentation and we will consult with medical experts, as necessary, so that we can effectively pursue your personal injury claim. Our Chicago personal injury lawyers are dedicated to getting clients the most favorable recovery possible, whether filing a personal injury lawsuit, submitting a claim for worker’s compensation or requesting social security disability.
Unlike other areas of the law that find their rules in statutes (such as penal codes in criminal cases), the development of personal injury law has taken place mostly through court decisions, and in treatises written by legal scholars. Many states have taken steps to summarize the development of personal injury law in written statutes, but for practical purposes court decisions remain the main source of the law in any legal case arising from an accident or injury.
There are many dangerous conditions like torn carpeting, changes in flooring, poor lighting, narrow stairs, or a wet floor can cause someone to slip and be injured. Same goes if someone trips on a broken or cracked public sidewalks, or falls down a flight of stairs. In addition, a slip and fall case might arise when someone slips or falls outdoors because of rain, ice, snow or a hidden hazard, such as a pothole in the ground.
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.
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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.
You’ve had a car accident and might be a little uneasy about the claims process. We’re here to help. At ERIE, we understand that accidents happen and we want to get you get back on the road as quickly as we can. In fact, our customers often tell us that when it comes to service, there is no company quite like ERIE. We try to treat people the same way we’d like to be treated. After all, if we were in your shoes, we’d want quality care, too.
Filing of a lawsuit puts your case in line behind other cases that were filed before yours. Court docketing varies by county, but typically, about 6 months after the lawsuit is filed the Judge will have a “Case Management Conference” where the personal injury lawyers will meet to discuss the details of the case with the Judge. At this time the Judge will set deadlines for certain stages of the case and set a Trial Date.
Females in this age group exhibit somewhat lower collision and fatality rates than males but still register well above the median for drivers of all ages. Also within this group, the highest collision incidence rate occurs within the first year of licensed driving. For this reason, many US states have enacted a zero-tolerance policy wherein receiving a moving violation within the first six months to one year of obtaining a license results in automatic license suspension. No US state allows fourteen year-olds to obtain drivers’ licenses any longer.
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.)
If liability is assessed against the defendant, the judge or jury will then determine the appropriate amount of money damages to be awarded to the plaintiff. The amount of personal injury damages will depend on a number of factors, such as the specific legal claim, the circumstances of accident, the extent of the victim’s injuries, the impact of the victim’s injuries, and the laws of the jurisdiction. Personal injury damages may include compensatory damages, including: medical expenses, lost wages, pain and suffering, disability, and emotional distress.
Personal injury attorneys typically focus on one type of personal injury claim, such as car accident injuries or medical malpractice. They also have experience in tort law, which involves civil litigation to recover financial damages in a settlement. The following are a few scenarios where you might consider hiring a personal injury lawyer to represent you:
Many people are injured each year because they slip on a wet floor, tumble down a defective staircase, or trip on uneven ground. When a visitor slips and falls on somebody else's property and is injured, he or she may be able to bring a premises liability lawsuit against the property owner or occupant to recover damages. In most states, whether the visitor is able to recover will depend on the visitor's status on the property and on whether the property owner or occupant used reasonable care to prevent slips and falls on the property.
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.
Cars have come to represent a part of the American Dream of ownership coupled with the freedom of the road. The violence of a car wreck provides a counterpoint to that promise and is the subject of artwork by a number of artists, such as John Salt, Jan Anders Nelson, and Li Yan. Though English, John Salt was drawn to American landscapes of wrecked vehicles like Desert Wreck (airbrushed oil on linen, 1972). Similarly, Jan Anders Nelson works with the wreck in its resting state in junkyards or forests, or as elements in his paintings and drawings. American Landscape  is one example of Nelson´s focus on the violence of the wreck with cars and trucks piled into a heap, left to the forces of nature and time. This recurring theme of violence is echoed in the work of Li Yan. His painting Accident Nº 6 looks at the energy released during a crash.
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.
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.
When you are involved in an accident as the result of another driver's negligence, you may be entitled to take legal action to recover your damages. Damages may include any injuries you sustained as the result of the accident and any costs you incurred as a result of those injuries such as medical bills, prescription drug costs, lost wages due to time missed from work and a number of other possibilities experienced auto accident lawyer can discuss with you.
Research suggests that the driver's attention is affected by distracting sounds such as conversations and operating a mobile phone while driving. Many jurisdictions now restrict or outlaw the use of some types of phone within the car. Recent research conducted by British scientists suggests that music can also have an effect; classical music is considered to be calming, yet too much could relax the driver to a condition of distraction. On the other hand, hard rock may encourage the driver to step on the acceleration pedal, thus creating a potentially dangerous situation on the road.
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.
Many different terms are commonly used to describe vehicle collisions. The World Health Organization uses the term road traffic injury, while the U.S. Census Bureau uses the term motor vehicle accidents (MVA), and Transport Canada uses the term "motor vehicle traffic collision" (MVTC). Other common terms include auto accident, car accident, car crash, car smash, car wreck, motor vehicle collision (MVC), personal injury collision (PIC), road accident, road traffic accident (RTA), road traffic collision (RTC), and road traffic incident (RTI) as well as more unofficial terms including smash-up, pile-up, and fender bender.
Some crashes are intended; staged crashes, for example, involve at least one party who hopes to crash a vehicle in order to submit lucrative claims to an insurance company. In the USA, in the 1990s, criminals recruited Latin immigrants to deliberately crash cars, usually by cutting in front of another car and slamming on the brakes. It was an illegal and risky job, and they were typically paid only $100. Jose Luis Lopez Perez, a staged crash driver, died after one such maneuver, leading to an investigation that uncovered the increasing frequency of this type of crash.
If you are one of the many people who have been hurt in a Texas auto accident, an experienced, qualified lawyer can help you deal with insurance companies and even recover damages from any parties partially or entirely responsible for your injury. At Chris Mayo Law Firm, we believe that you deserve dedicated legal representation to make sure your rights—and your future—are protected.
Ankin Law Office, LLC is a Chicago personal injury law firm that focuses on representing the victims of personal injury cases. Personal injury law holds parties liable for the injuries and damages that they cause to others as a result of their negligent or intentional misconduct. Personal injury lawsuits fall under an area of the law called tort law. Tort law is designed to address civil wrongdoing (not based in contractual obligations) and provide a remedy in the form of compensation for the wronged party. There are three kinds of torts–negligence, intentional and strict liability. Most cases in this country are based on proving negligence.
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A property owner or occupant cannot prevent every fall on the premises. They usually are not required to ensure a visitor's safety. Even when a property owner uses diligent care, it is possible for somebody to slip on black ice in front of an apartment complex or trip on a paver on the front lawn of a hospital. All visitors to someone else's property are required to use reasonable care, such as by watching where they are going, to avoid getting hurt.
After you have received the necessary medical treatment, it is best to start looking into your legal options. Litigation is a recourse for people who were injured through no fault of their own. If you didn’t cause your accident, you shouldn’t have to foot the bill for your medical expenses, time off work, and otherwise. Evidence can become more difficult to track down with each passing minute, so start this process as soon as you can.
If your case is not settled, the next step is for the person who has been injured to file a lawsuit. The person filing the suit is called the plaintiff, and the document the plaintiff files is usually called a complaint. The party being sued is called the defendant. A third party serves the complaint on each of the defendants, and the defendants have a specified time to reply to it, such as 20 to 30 days. This reply is usually called an answer. All documents, including the complaint and the answer, are filed with a local court. The plaintiff usually chooses the court, although, under certain circumstances, a defendant may seek to have the lawsuit moved to a different court.
A slip and fall injury, also known as a trip and fall, is a premises liability claim, a type of personal injury claim or case based on a person slipping (or tripping) on the premises of another and, as a result, suffering injury. It is a tort. A person who is injured by falling may be entitled to monetary compensation for the injury from the owner or person in possession of the premises where the injury occurred.
The discovery process is the procedure in which each party investigates what the adversary’s legal claims and defenses are. They send interrogatories (a fancy word for questions) and document requests to each other, and take depositions of all of the relevant witnesses in the case, generally beginning with the plaintiff and defendant. This process can last six months to a year, depending on the court’s deadlines and the complexity of the case.
If you have lost a loved one in an accident that was caused by someone else’s negligence, you may be able to pursue compensation in a wrongful death claim. Depending on the circumstances of the case, surviving spouses, children, parents, and representatives of the estate may have the right to file such a claim. Compensation that can be recovered in a wrongful death claim includes medical expenses, funeral expenses, lost wages and benefits, loss of companionship, and punitive damages.
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In cases where the defendant's conduct is deemed particularly egregious or outrageously careless, a personal injury plaintiff may be awarded punitive damages on top of any compensatory damages award. Punitive damages stem from a rationale that is quite different from the justification tied to compensatory damages, which attempt to "make someone whole."
Copyright 2002-2019. EdgarSnyder.com is sponsored by the Law Offices of Edgar Snyder & Associates®, A Law Firm Representing Injured People. Attorney Edgar Snyder & Associates has offices throughout Western Pennsylvania including locations in: Pittsburgh, Erie, Johnstown, Ebensburg, and Altoona. All of our lawyers are licensed to practice law in the state of Pennsylvania. We also have attorneys licensed to practice law in the states of West Virginia, Ohio, Maryland, and Virginia. Although this website is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.
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.
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.
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 cases involving a property owner or occupant that "should have known" of a slippery surface can be the most challenging to prove. For example, in a slip and fall that occurs on a wet floor in a grocery store, a crucial issue will be how long the floor was wet. The longer the floor was wet, the more likely it is that the storeowner knew or should have known that the hazardous surface existed and failed to warn customers or otherwise guard against slip and falls. Unfortunately, in many cases, it is hard to determine how long the surface was wet. If you are injured in a slip and fall, it is a good idea to get the name and contact information of any witnesses, especially if they were present in the location over a long period and can give some idea of how long the hazardous surface existed.
In some countries, those prevailing in trial may recover their attorneys' fees from the opposing party. In the United States A party may be able to seek sanctions when the other party acts without legal basis or justifiable cause. For example, if the opposing party continues to object to the complaint without significant reason or justifiable cause, a party may apply a motion for punitive damages or that the opposing party is harassing and or speculating without merit or reason.
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.
A plaintiff may, of course, choose not to hire an attorney. Because of the complexity of litigation, this may not be a wise decision, particularly if the stakes are high and the defendant is likely to hire his or her own attorney. Considering most plaintiff-side personal injury attorneys work for a contingency fee (i.e. they only get paid if the plaintiff does), hiring an attorney is usually a good idea.
In Anglo-American jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit, or "plaintiff," has suffered harm to his or her body or mind. Personal injury lawsuits are filed against the person or entity that caused the harm through negligence, gross negligence, reckless conduct, or intentional misconduct, and in some cases on the basis of strict liability. Different jurisdictions describe the damages (or, the things for which the injured person may be compensated) in different ways, but damages typically include the injured person's medical bills, pain and suffering, and diminished quality of life.
If there is no settlement, the case will proceed to trial. In order to be successful, the plaintiff will need to establish liability by proving the following to the judge or jury: (1) the defendant owed the plaintiff a duty of care; (2) the defendant breached his or her duty of care; (3) the plaintiff suffered injuries; and (4) the breach of the defendant’s duty of care was the proximate cause of the plaintiff’s injuries.
In the United States, each state has different statutes of limitation, and within a state different types of injuries may have different statutes of limitation. Rape claims, for example, often have a much longer statute of limitation than other injuries. In some states such as Colorado, the statute of limitations starts to run once the injury is discovered. For example, if you were in a car accident and then 6 months later started having severe back problems, the statute would start when you noticed the injury.
If you have been arrested and charged with a crime, you probably already know that you could be hit with enormous fines or forced to spend years in prison, but there is even more at stake than that. Regardless of the penalties imposed by the state, a criminal conviction can cause you to lose your job or the ability to practice your chosen profession, and it can utterly destroy your marriage, your family, and your reputation in the community. Never is there more to fight for than when you have been charged with a serious crime in Massachusetts or federal court. You need a team of strong, dedicated criminal defense lawyers on your side to protect you and defend you and look out for your best interests at every step. In Boston and New Bedford, Leontire & Associates, P.C. is here for you.
Kinney, Fernandez, & Boire P.A. Our personal injury lawyer provides experienced litigation representation for injury victims of accidents due to negligence in communities throughout the Tampa Bay Area and Central Florida including, Tampa, Clearwater, St Petersburg, Sarasota, Town ‘n’ Country, Brooksville, Spring Hill, Lakeland, Plant City, Brandon, Bradenton, Palm Harbor, Holiday, New Port Richey, Trinity, Tarpon Springs, Citrus Park, Westchase, Lutz, New Tampa, Odessa, Dade City, Zephyrhills, Mulberry, Dover, Seffner, Riverview, Gibsonton, Ruskin, Bartow, Palmetto, Largo, Frostproof, Valrico, Seffner, Wimauma, Carrollwood, Pinellas Park, Siminole, Treasure Island, Indian Rocks, Indian Shores, Bellair, Madeira , Redington Beach, Anna Maria Island, Perico Bay, Holmes, Bradenton Beach, Millar Bay, Coquina, Long Boat, St Armands, Lido, Siesta, Casey Key, and Venice Florida
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.
An RAC survey of British drivers found 78% of drivers thought they were highly skilled at driving, and most thought they were better than other drivers, a result suggesting overconfidence in their abilities. Nearly all drivers who had been in a crash did not believe themselves to be at fault. One survey of drivers reported that they thought the key elements of good driving were:
The term "reasonable" often comes up in settlement negotiations and at other key stages of slip and fall cases. That's because, in order to be held "negligent" and therefore liable for damages in a slip and fall case, a property owner (or the owner's agent or employee) must have failed to act as a reasonably prudent person would have acted under circumstances similar to those leading up to the accident. In trying to assess whether the defendant acted reasonably, here are some factors that plaintiffs should consider:
The next thing that you will have to do for anything more than a minor claim is to choose a lawyer. You should choose the lawyer soon after the injury. You can certainly settle a small personal injury claim yourself (although a lawyer is generally useful even for smaller claims), but you will absolutely need a lawyer for any personal injury claim where you suffered significant injury or other losses.
Beware of rainwater! Georgia courts have routinely held that when people enter buildings in rainy conditions this water is tracked in the building and it is common knowledge that these areas will be hazardous. This does not mean that all falls caused by rain water accumulation are doomed to fail; rather, it just makes for a much more difficult case because a plaintiff must prove that the landowner had superior knowledge of such a hazard.
Words cannot express the professionalism you and your firm has given us in our time of need. Your representatives were very kind, understanding and very helpful. Calls, emails etc… were beyond my expectations. I will gladly recommend your services when and where applicable and of course, I will carry your business card in my purse as well my husband in his wallet. Again, thank you for all you do and my best wishes to you and yours.
Our personal injury law firm will also help you address the non-economic losses associated with your accident. What does this mean? If you or a loved one suffered a serious injury, you may be dealing with emotional stress, psychological stress, pain, suffering, and loss of enjoyment of life. Although these damages are not financial, you may deserve monetary compensation for them as well.
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.
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.
This typically involves three vehicles, two driven by criminals and the third by an innocent victim. The driver of the “squat” vehicle pulls in front of the victim’s car. The driver of the “swoop” vehicle pulls in front of the squat vehicle, causing the driver of the squat vehicle to hit his brakes. The victim cannot react in time and rear-ends the squat vehicle. The swoop vehicle races off and is not seen again. The victim then typically is responsible for any vehicle damage and personal injury to passengers in the squat vehicle.
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.
In most cases we do not want to proceed with a lawsuit until we have attempted to settle the case. This saves the client money in extra expenses that go along with a lawsuit and many times the case settles more quickly if we attempt to settle before filing a lawsuit than if we file a lawsuit right away and get lawyers involved on the other side. In some case, such as drunken driving cases, we often file the lawsuit right away. These options can be discussed in detail with respect to your specific case.
Auto, truck, and motorcycle accidents affect people every day. The Texas Department of Transportation keeps track of the number of crashes, fatalities, and injuries that occur on roads in our state each year. According to TxDoT, Texas saw an increase in motor vehicle traffic deaths in 2016. 3,773 people died in auto accidents in 2016. That’s a 5.45% increase from 2015. To put these traffic fatalities in perspective: one person was killed every two hours and 20 minutes.
A property owner (or their employee) should have recognized a dangerous condition (i.e. a pothole or an uneven walking surface) and removed or repaired the potential danger, but did not. The key question here is whether a reasonable person would have identified the condition as hazardous, and whether the defendant had ample opportunity to remedy the situation before the accident occurred. OR
Sometimes your car accident may be much more serious than just an ordinary “fender bender.” If you suffer injuries in a car accident, the legal issues involved become much more complicated. In addition to those items of damages listed above, you may be entitled to reimbursement of medical expenses or lost wages. You may also claim compensation for your mental and physical pain and suffering stemming from the accident.
If you've been injured in an accident that wasn't your fault, a personal injury attorney can help you receive a fair settlement from the insurance company. Although it's possible to receive some compensation without legal representation, if you don't have a personal injury attorney there's an increased chance that the insurance company will try to take advantage of you and give you less than you deserve."
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 lawyers often have investigative staff at their disposal that can help with your personal injury claim. They can help recreate the accident and use the information at trial, or in negotiations with the carrier to get you the best possible settlement or verdict. Private investigators are just as important as the personal injury attorneys as they arm the personal injury lawyer with the information necessary to pursue your claim.