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.
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.
Unless it is a rare case involving intentional conduct by the defendant, a slip and fall case will require the plaintiff to prove negligence. Negligence means that the defendant failed to act in a reasonable manner under the circumstances. For example, it is reasonable to expect a store clerk will place warning signs in recently mopped areas. If this is not done, and a customer slips on the wet floor and gets hurt, the store may be liable for negligence.
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:
The first thing that the lawyer will do is thoroughly interview you about how the accident happened, your background, and your medical condition and medical treatment. The lawyer wants to know everything that you know about the accident and your injury and treatment. Lawyers don’t want to be surprised, so make sure to answer all questions as completely as you can.

Do you have past clients who would be willing to speak to me? Talking to past clients is the most reliable way to gauge an attorney's response to concerns or questions. While no one settlement can truly alleviate all discomfort for either party in a personal injury case, an attorney can help you reach the best outcome regardless of who is responsible.
Most personal injury cases settle, especially when companies see that they’re going up against us. Morgan & Morgan has the resources, track record of success, experience, and talent to bully the bullies, and insurance companies and other parties know this. So they are often more than willing to give our clients what they need and want. We’ve been at this for 30 years and have seen it all, and use that to your advantage.
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]
Lack of negligence: The defendant may argue that they were not negligent in creating the condition that caused a person to trip or slip, or were not negligent in correcting the condition before injury occurred. For example, the owner of a grocery store may claim that the banana that a patron slipped upon had been dropped on the floor only moments ago by another patron, and that, in the exercise of due diligence, a typical store owner acting with reasonable care would not have had time to discover the danger and take steps to mitigate the danger.
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.
In smaller injury cases, especially when the lawyers know each other, one lawyer will just pick up the phone and talk settlement. The plaintiff’s lawyer may or may not write an actual demand letter. Then, the defense attorney may or may not respond with a counteroffer. If the defense thinks that the demand was too high, he/she may simply ignore the demand or may say that the demand is too high and that the insurer will not make a counteroffer. If the defense does make a counteroffer, then the bargaining begins. Sometimes the lawyers can settle it, sometimes not. If they can’t settle, they will likely go to mediation.
Unless it is a rare case involving intentional conduct by the defendant, a slip and fall case will require the plaintiff to prove negligence. Negligence means that the defendant failed to act in a reasonable manner under the circumstances. For example, it is reasonable to expect a store clerk will place warning signs in recently mopped areas. If this is not done, and a customer slips on the wet floor and gets hurt, the store may be liable for negligence.
If you’re looking for help with your claim and the repairs, you could work with your favorite mechanic or one that ERIE recommends. Ask your ERIE claims adjuster about the qualified businesses that are a part of ERIE’s Direct Repair program. The network of businesses in the program will estimate the damages, share their estimate with us and then make the repairs.

The other thing to remember is that the insurance company is NOT on your side. The insurance company is in business to make money, and it makes money when it pays out less money to you on a claim than it otherwise has to. The insurance company tries to accomplish this by arguing (1) the accident was completely or partially your fault, and so you should only be paid a reduced amount on your claim, and (2) you haven’t provided sufficient documentation to support your claims of loss. Sometimes it may argue both points with you.
In a more perfect world, insurance companies and their adjusters would take responsibility for the wrongdoing of their insureds and try their best to both fix your vehicle and help you obtain a fair recovery. More often than not, however, they treat you as if you were the wrongdoer and give you attitude and contempt. Delay and pressure tactics are sadly all in a days work for insurance companies.
If you’ve been injured because of someone else’s carelessness, the first step, after getting medical treatment, is to consult an experienced personal injury attorney to get a professional opinion as to whether you have a valid claim. Bring any supporting documentation, medical records, and notes you’ve taken about your situation. Most personal injury lawyers provide free consultations, so steer clear of lawyers who charge fees just to meet with you.
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]
When the lawsuit is finished, when an appeal is completed or a verdict entered that isn’t appealed, the plaintiff still has to collect the damages that have been awarded from the defendant. Some defendants are unable to pay damages, and plaintiffs usually name more than one defendant if possible to make sure they are able to collect enough to cover their damages and litigation costs. For example, a teenager driving a pizza delivery car probably won’t have enough personal assets to cover damages from a serious car accident. In that case, the plaintiff may collect from the employer or the employer’s insurance company.
Unless your injuries were very minor (i.e. very minor soft tissue injury from a 5 MPH fender bender), you should consult with an attorney very soon after your accident. A good personal injury attorney can help you gather key evidence and provide valuable advice on how to document your injuries and damages. Under no circumstances should you talk to an attorney representing the other person in the accident, the other person’s insurance company representative, or sign any documents, before consulting with your own attorney first.

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.

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.
What you do after an injury, can be more important the injury itself. Without proper documentation, and without alerting the authorities, the validity of your claim and injuries can be questioned. Here are some things you should after an accident accident. First and foremost, it’s crucial you write down as much about the accident as possible. If you have a cell phone, we recommend taking pictures of the surroundings so you can document what happened. Pictures are valuable because they can be potentially used in court, as evidence. Take as many pictures of the injuries you’ve suffered, in addition to the scene of the accident. The more evidence you have, the stronger your claim is. If you have time, write down information like the date, the weather, the location, and anything else specific that might be asked of you later. Try to also find witnesses, at the scene of the accident. If you can get a witness to corroborate your story to the police at the scene of the accident, the strength of your claim could be higher. 
^ Jump up to: a b c d GBD 2013 Mortality and Causes of Death, Collaborators (17 December 2014). "Global, regional, and national age-sex specific all-cause and cause-specific mortality for 240 causes of death, 1990-2013: a systematic analysis for the Global Burden of Disease Study 2013". Lancet. 385: 117–71. doi:10.1016/S0140-6736(14)61682-2. PMC 4340604. PMID 25530442.

Conditions such as poor lighting, limited visibility, lack of company policy enforcement and lack of reasonable justification are all factors that contribute to the determination of negligence in a slip and fall case. Plaintiffs are burdened with the responsibility of proving that the liable party could have take some other action to prevent the accident but failed to do so. They must also prove that even if there was a valid reason for the obstruction to be present, that the justification was not longer valid at the time of the accident occurred, and that no preventive measures were exercised in order to prevent the occurrence. While the burden of proof rests with the plaintiff, the facts of the case will present the affirmations or declarations necessary to determine the degree of negligence involved.
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.

^ Varghese, Cherian; Shankar, Umesh (May 2007). "Passenger Vehicle Occupant Fatalities by Day and Night – A Contrast". Washington, DC: National Highway Traffic Safety Administration. National Center for Statistics and Analysis. The passenger vehicle occupant fatality rate at nighttime is about three times higher than the daytime rate. ...The data shows a higher percentage of passenger vehicle occupants killed in speeding-related crashes at nighttime.

Punitive damages are awarded to the injured plaintiff, but the real goal of these kinds of damages is to punish the defendant for its conduct -- to "hit them in the pocketbook," so to speak -- and to act as a deterrent. Since it isn't unusual for punitive damage awards to top tens of millions of dollars, most states have set some type of cap on punitive damage awards in personal injury cases.

Adjudication Administration of justice Criminal justice Court-martial Dispute resolution Fiqh Lawsuit/Litigation Legal opinion Legal remedy Judge Justice of the peace Magistrate Judgment Judicial review Jurisdiction Jury Justice Practice of law Attorney Barrister Counsel Lawyer Legal representation Prosecutor Solicitor Question of fact Question of law Trial Trial advocacy Trier of fact Verdict


Motor vehicle accidents including car accidents, motorcycle accidents and truck accidents are the most common type of personal injury claim. These claims are typically based on the theory of negligence. In most Illinois motor vehicle accidents, the injured party, the plaintiff, must establish the negligence the defendant in order to seek civil damages. Furthermore, the plaintiff must show that the defendant’s negligence was the proximate cause of both the accident and the plaintiff’s injuries. A chicago car accident attorney can help guide you through this process.
Every person who is injured in an auto accident has unique injuries that require dedicated auto accident treatment from trained professionals. Here at Accident Care and Treatment Center, Inc., we can provide you with the exact treatment that your specific injury requires. We have the best auto accident injury doctors in Oklahoma City, OK on our staff, which means that we can provide you with a full range of comprehensive therapies and treatments all in a single location, including massage and physical therapy. This means you may not be required to drive to multiple medical offices to receive treatment for your auto accident injuries.
Landowners owe invitees and invited licensees the highest duty of care. For these guests, the law requires that landowners inspect and make safe any dangers they know about or should know about. Landowners owe uninvited licensees a much lower duty of care and are only required to refrain from willful or wanton injury toward the uninvited licensee. “Willful or wanton injury” could include such actions of installing booby traps on the property or setting a vicious dog on the visitor. With one narrow exception, landowners owe trespassers no duty of care beyond the duty to refrain from willful or wanton injury.
I was referred to the law firm and I’m glad I was. I met the George originally when I first brought my case and he got… to work right away because we were up against a tight deadline for my personal injury claim from an accident that occurred almost two years from the time I met him. From there I began to work with Amanda Carollo. She and the team at the law office were great. They kept in touch with me throughout the entire process leading up to and after my meditation. The process went very smoothly and I would definitely recommend them to anyone who needs a referral to a good law office.more »
In order to have a viable personal injury lawsuit or claim, your personal injury or injuries must have been caused by the negligence of another person or entity (such as a business or government agency). Generally speaking, when a person or entity acts in a careless manner and causes injury to someone else, the careless person or entity will usually be legally responsible or (“liable”) for their injury or injuries and any other resulting harms under the legal principle of “negligence.”
Slip and Fall: If you fall, or slip, on someone’s property then you may have a potential case. Property owners have a duty to maintain a safe environment for those who are on their property. If you slip, or fall, and are injured – as a result of inadequate – or unsafe, property conditions – then we may be able to help. We’ll conduct an investigation into the property and put together a personal injury claim that shows the property owner was irresponsible, and failed to maintain safe conditions. Our goal is to get you as much compensation as possible. 
Brain and Spinal Cord Injuries Some of the most horrifying and heartbreaking types of injuries that can stem from motor vehicle and other personal injury accidents are those to the brain and spinal cord. In personal injury cases involving these specific injuries, you could sustain potentially permanent physical and/or mental damage in the form of cognitive impairment, paralysis, and a host of other conditions.
For example, you might have been treated and released from the hospital emergency room. The other driver’s insurance company may want you to agree to a quick settlement for the medical expenses you incurred up to that point. However, from a medical standpoint, you may not be fully aware of the extent of your injuries. Sometimes the symptoms of injuries don’t appear for weeks, even months, after a car accident. If you enter into a quick settlement with the insurance company, and then find out that you need more medical treatment for your injuries, you cannot go back to the insurance company and ask for additional compensation.
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.
When dealing with an insurance company, you may feel like you can file a claim and negotiate a settlement on your own. And that may be true if you only suffered minor property damage, such as a small ding to your car. However, if you are coping with any injuries, it is worth scheduling a free consultation with an experienced personal injury attorney.  

Your insurance agent or the person who you speak to at your insurance company claims phone number,  will be able to walk you through how to file your claim after an accident. If your insurance company has an app, you may also have the option to start the claims process there or visit your insurance company website to see if you can fill in the information or follow up on your claim online.


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.
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.
Workers’ Compensation: Workers injured on the job should be able to easily obtain the benefits they are entitled to receive. Unfortunately, that is not always the case. Employers or their insurance companies may dispute the validity of the claim, the time needed for recovery before returning to work, or the degree of disability caused by the injuries. If you have been seriously injured in a workplace accident, it is in your best interests to have an experienced attorney with The Sawaya Law Firm by your side for your workers’ compensation claim.
When dealing with an insurance company, you may feel like you can file a claim and negotiate a settlement on your own. And that may be true if you only suffered minor property damage, such as a small ding to your car. However, if you are coping with any injuries, it is worth scheduling a free consultation with an experienced personal injury attorney.  
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.[17] One survey of drivers reported that they thought the key elements of good driving were:[18]

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.
Like we said, most of the time, personal injury cases will settle outside of court. The best thing you can do if you’ve been injured because of the negligent actions of another, is to contact a personal injury attorney. A lawyer will be able to help you navigate the process, and advise you on whether or not an offer is fair. At Schultz & Myers, our attorneys exclusively practice personal injury law, so we are experienced in looking into every possible avenue to ensure that you get the compensation you deserve.
Slip & Fall Accidents/Premises Liability Slip & fall lawsuits are a bigger deal than some think. After all, you didn’t just fall for seemingly no reason. This isn’t just a matter of you being a clutz. Those who slip and fall on someone’s property may find themselves with an injury that could have been avoided had the property owner not neglected to repair their broken facilities. Sometimes a grocery store or restaurant fails to clean up spilled food, drink, or cleaning solution. A railing could be loose. Steps could be loose and in poor condition. The list goes on.
Our firm was founded on the principle of concierge customer service. We provide the same level of service, for each and every client. We never charge upfront fees, and only get paid if, and when, we win your case. We offer all clients a risk free initial consultation, whether it be at their home, hospital, or place of employment. We can even do it over the phone. We are dedicated to helping you recover.
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