Birth Injuries Birth injuries are particularly devastating for your family. A negligent mistake by an obstetrician or other medical professional can result in physical injuries to a newborn, and it can also lead to lasting conditions, such as cerebral palsy, paralysis, and brain damage. This can be traumatic to the children and the parents, as well as a major financial strain on the family.
In England and Wales, under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be commenced within 3 years of the date of the accident, failing which the claimant will lose the right to bring his or her claim. However, injured parties who were under the age of 18 at the time of their accidents have until the day prior to their 21st birthdays to commence proceedings. A court has the discretion to extend or waive the limitation period if it is considered equitable to do so. Another exception is if the accident caused an injury, as an example industrial deafness, then the three-year period will start from when injured party knew or ought to have known that he or she had a claim.
Personal injury cases represent the most common type of lawsuits filed in United States federal district courts, representing 25.5 percent of cases filed in 2015. Personal injury claims represent a considerably smaller percentage of cases filed in state courts. For example, in Illinois, tort claims represent approximately 7% of the civil docket.
Accidents happen, and injuries are often the result, but when the accident was caused by something (or someone) outside of your control, you may wonder if you have any options for legal recourse. This article discusses the key issue in a slip and fall accident claim: Liability. Whether you are pursuing an insurance settlement or personal injury lawsuit, to win your case you will need to be able to prove that someone else – usually the property owner -- is liable for your injuries.
That depends on you. The insurance company will likely offer you a low settlement quickly to try to pressure you to sign away your rights. Keep in mind that if you are coping with a serious injury, there is no way to know immediately what your future costs may be and how your life will be affected. Ideally, you should wait until your doctor decides you have reached maximum medical improvement so you can more accurately assess your situation.
Damages are categorized as either special or general. In torts, special damages are measurable costs which can be itemized such as medical expenses, lost earnings, and property damages whereas general damages include less measurable costs such as pain and suffering, loss of consortium, the effects of defamation, and emotional distress. Personal injury torts may result in claims for both special and general damages.
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 »
I served four great years in the military including Airborne Service in Southeast Asia from 1968-1970. After leaving the military, I used the GI Bill to attend UC Davis. I married in 1978 and later graduated from McGeorge School of Law in Sacramento in 1982, the same year my son, Brant was born. I opened my own office in 1983 and started working on personal injury cases exclusively in 1987. Since then, my office has handled thousands of personal injury cases including catastrophic injury and wrongful death cases.
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.
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.
Not only does a punitive damages award punish the defendant, but it also can serve as a deterrent that dissuades other parties and companies from engaging in similar activity. For the court to award such compensation to a plaintiff, the actions must have been either intentional or the result of wanton and willful misconduct. An example of such a defendant is an insurance company that acts in bad faith or a medical professional that commits malpractice. As noted above, not every state allows punitive damages awards and, in some that do, there are caps on how much a jury can award a plaintiff.
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 »
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.