Deposition testimony is crucial in a negligence case. By securing this evidence early in the litigation, both the plaintiff and the defendant gain an understanding of the circumstances that led to the accident and the degree of fault that can be attributed the defendant. Taking into account the severity of the injury, both sides can then determine what they believe the case is worth, and settlement negotiations will ensue.
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.
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:
However, a personal injury lawyer deals with these cases on a routine basis and can help identify a more accurate estimate of the real and long-term effect of injuries, such as a loss in earning capacity if the accident left the victim disabled. A personal injury lawyer may also ask an economist or actuary for help in assessing the lifetime impact of an accident.
The Pre-lawsuit settlement demand is sent to the insurance company and/or defendant once the injured client has reached Maximum Medical Improvement or ‘MMI’. This is the stage where the client and doctors agree that they are either 100% healed or have healed as much as possible for the foreseeable future. This is very important because once a case settles the case is closed. If injuries arise after settlement the case cannot be reopened.
Every state has what is called a "Statute of Limitations" which puts a time limit on how long after an accident a person has to file a claim. In Georgia, the time frame allotted for filing a slip and fall accident injury claim is two years. If a victim does not file a claim within this time frame, the courts will not hear their case and they are not eligible for compensation.
While past results don’t guarantee future outcomes, what these verdicts show is that we will fight for you to potentially get the compensation you need to cover your bills and keep you from financial ruin. If you or a loved one were injured, you shouldn’t have to worry about keeping a roof over your head while you recover and get your life back on track.
That’s not all, though. They will use all of that information to go head-to-head with the defendant’s attorneys to get you the best compensation possible. Oftentimes this happens in a settlement meeting, but if the big corporation or insurance company won’t budge, our attorneys are trained, experienced, and ready to go to court. (Whether in a settlement or at court, we’ve been able to win compensation many times over the defense’s initial low-ball offers.)
Hotels in the state of Florida owe a duty of care to all guests that stay within these buildings to include the freedom of loss of property or destruction of belongings and prevention of injury to each person as a guest of the hotel. When this duty is in breach, the victim has the ability to pursue a valid claim against management or the owner of the hotel.
After the complaint is filed, the plaintiff’s attorney will have a month or more to locate the defendant and “serve” the complaint on him or her. Serving the complaint basically means physically delivering the complaint to the defendant in a way that can be proved later, ensuring the defendant cannot later claim to not know about the lawsuit. Along with the complaint, the service papers will tell the defendant the next date he or she must appear in court.
Conversely, a location that does not look dangerous may have a high crash frequency. This is, in part, because if drivers perceive a location as hazardous, they take more care. Collisions may be more likely to happen when hazardous road or traffic conditions are not obvious at a glance, or where the conditions are too complicated for the limited human machine to perceive and react in the time and distance available. High incidence of crashes is not indicative of high injury risk. Crashes are common in areas of high vehicle congestion, but fatal crashes occur disproportionately on rural roads at night when traffic is relatively light.
If you or a loved one has been in a car accident, our Phoenix car accident attorneys can help you recover the compensation you deserve, so that you can focus on your recovery. Contact our Phoenix office to schedule a free, no obligation consultation with one of our qualified attorneys, and let us discuss the legal options that are available for your specific incident.
If you have a medical malpractice claim, time is of the essence. There are state statutes that require you to put the doctor on notice within a specific period of time. If you believe that you are a victim of medical malpractice, you should engage counsel as soon as you can. Medical malpractice claims take time and also require a lot of work on the lawyer's behalf. The more time that you give them to work your case, the better off you will be.
Aside from compensation for injuries, the injured person may get compensated for the lifetime effect of the injuries. An example, a keen cricketer suffers a wrist injury which prevents him from playing cricket during the cricket season. This is called loss of enjoyment of life and is compensable. Additionally, lost earning capacity (Future ability to learn) and future reasonably necessary medical expenses are recoverable.
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.
After the lawsuit has been filed, the parties have an opportunity to get information from each other about the case. This can be in the form of written questions, sworn testimony in front of a court reporter, and requests for documents and things. For example, a plaintiff who was injured tripping on a step may want to find out if other people had tripped on the same step before the accident. This information would be used to show that the owner knew the step was dangerous and should have foreseen that someone might be injured in a fall (a necessary element to prove negligence on the part of the owner). On the other hand, the owner might want to find out if the plaintiff had been injured before to argue that the injury claimed was not caused by the fall on the steps.
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.
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.
Dan Newlin Injury Attorneys has the experience, knowledge and resources to help if you find yourself injured as the result of a fall on another’s property. Help is just a phone call away. Please call (407) 888-8000 and have an attorney give you the answers you need to all of your questions about slip and fall accidents. Do not go it alone, get advice from an experienced attorney. You will be glad you did.
Chances are strong that there are going to be have to be conversations with your lawyer regarding your medical bills and your property damage. Your personal injury lawyer and personal injury law firm will make sure that the medical bills are paid and that the property damage claim to your vehicle is paid in a timely fashion so you can get your car back on the road. The time to start that process is right after you leave the emergency room or are released by the accident investigation team that arrives to set up the driver information exchange for your accident.
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.
Best exprience I’ve had with any lawyer I’ve been with. Not once did a question go unanswered and they always went t…he extra mile to help me understand what’s going on with my case . Mr. Salinas was very hands on with my case and made sure that I was taken care of 100 percent of the way . God forbid anything ever happens again ,I know exactly who I can trust to best represent me ! 1000 thumbs up👍🏻👍🏻more »
The law firm of Briskman Briskman & Greenberg represents injured people throughout Illinois, including Chicago, the Chicagoland area, Joliet, Waukegan, Cicero, Evanston, Arlington Heights, Wheaton, Bolingbrook, and Naperville, as well as other cities within Cook County, Will County, DuPage County, Lake County and McHenry County. Briskman Briskman & Greenberg also represents injured people throughout Wisconsin, including Kenosha, Milwaukee, and Madison.
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.
Even a 5 MPH collision could cause a variety of damage to the back, neck and spine. Regardless of how simple you think your case is, you should always engage the services of a personal injury attorney. You should never go through this minefield yourself. In most cases, there is no charge to you if the lawyer doesn’t recover any money, so there is no risk to you in engaging counsel as soon as possible.
In order to practice law as a personal injury lawyer, a bachelor’s degree and a Juris Doctor Law degree is obligatory. In addition to passing the state’s bar exam, most states require the Multistate Bar Examination (MBE), the Multistate Essay Examination (MEE), and the Multistate Professional Responsibility Examination (MPRE). Some states require the Multistate Performance Test (MPT) as well.