If the identity of a responsible party cannot be immediately determined, or if there is uncertainty as to the precise name of one of the defendants, most jurisdictions allow the lawsuit to name a "John Doe" defendant. Once the responsible party has been identified, the court documents can be amended to substitute the correct name in place of John Doe. This allows a plaintiff who is still researching the case to file the claim on time.
If you’re injured on the job, it’s essential to the results of your recovery that you hire a work injury attorney in Texas. We’ll provide you with answers to those pressing questions, and we’ll follow the letter of the law to ensure that you’re represented in a way that gets positive results. A work injury attorney knows that the complex paperwork and legal process can cause many people to see a delay in getting the financial compensation they deserve, and we work to prevent this from happening so that you can get better and get back to your health.
Loss of consortium. In personal injury cases, "loss of consortium" damages typically relate to the impact the injuries have on the plaintiff's relationship with their spouse -- the loss of companionship or the inability to maintain a sexual relationship, for example. Some states also consider the separate impact on the relationship between a parent and their child when one is injured. In some cases, loss of consortium damages are awarded directly to the affected family member rather than to the injured plaintiff.
"When everyone else was calling my fight a lost cause, this office jumped in and fought for me like a champion. Both knowledgeable and compassionate, they negotiated intensely on my behalf. I was able to receive the best available care for my injuries, and will now be able to recover from my financial losses as well. This is definitely the team you want on your side." Amanda R.
When you visit an office building, restaurant, government building, shopping center, hotel, apartment complex, or even take a walk, your experience should be free from hazards.  Businesses and property owners and managers have a duty to you and to the community.  They must be diligent, not negligent, in managing and maintaining their property.  You are their customer or guest and they should make sure that their premises are safe.  If you have been injured in a slip and fall accident caused by poorly maintained property, you deserve compensation for the damages you suffer.

Loss of consortium. In personal injury cases, "loss of consortium" damages typically relate to the impact the injuries have on the plaintiff's relationship with their spouse -- the loss of companionship or the inability to maintain a sexual relationship, for example. Some states also consider the separate impact on the relationship between a parent and their child when one is injured. In some cases, loss of consortium damages are awarded directly to the affected family member rather than to the injured plaintiff.


Criminal prosecution: More severe driving misconduct, including impaired driving, may result in criminal charges against the driver. In the event of a fatality, a charge of vehicular homicide is occasionally prosecuted, especially in cases involving alcohol.[96] Convictions for alcohol offenses may result in the revocation or long term suspension of the driver's license, and sometimes jail time, mandatory drug or alcohol rehabilitation, or both.[97]
Medical records, which can show diagnoses, prescriptions, clinical visits and hospital stays, are a major way of showing both the extent and duration of recovery from an injury. This only works, though, if you are proactive about your treatment and communicate with your physician in a comprehensive manner. It can also be helpful to take photos and videos of your injuries and keep written records of your symptoms.
One important thing to know about trials is that just because a lawsuit is scheduled for trial does not mean that the trial will actually occur on that date. Trials often get rescheduled because of the judge’s schedules. If your trial gets cancelled, you should not automatically assume that the lawyers are conspiring against you or that something unfavorable is happening. Trials are delayed all the time, and for the most innocuous of reasons.
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.  
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.

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.
Most people assume auto accidents are the driver’s responsibility – assuming a drunk, reckless, or distracted driver caused the accident. Maybe they swerved into oncoming traffic or failed to brake at a stop light, rear-ending another vehicle. Our auto accident attorneys can assess driver behavior and investigate whether another individual directly caused or contributed to your crash.
At Leontire & Associates, P.C., our trial skills were honed in the courtroom litigating a string of high-profile, complex and sophisticated cases. We apply those skills for the benefit of clients across the range of civil litigation, including some of the most complex and complicated matters. Call our office for help in any of the following civil matters in the Boston area:
A 1985 study by K. Rumar, using British and American crash reports as data, suggested 57% of crashes were due solely to driver factors, 27% to combined roadway and driver factors, 6% to combined vehicle and driver factors, 3% solely to roadway factors, 3% to combined roadway, driver, and vehicle factors, 2% solely to vehicle factors, and 1% to combined roadway and vehicle factors.[14] Reducing the severity of injury in crashes is more important than reducing incidence and ranking incidence by broad categories of causes is misleading regarding severe injury reduction. Vehicle and road modifications are generally more effective than behavioral change efforts with the exception of certain laws such as required use of seat belts, motorcycle helmets and graduated licensing of teenagers.[15]
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.
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.
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.
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.
At the Chris Mayo Law Firm, our dedicated auto accident lawyers understand that a wreck can leave you shaken and experiencing extreme stress in the aftermath. If you have been hurt in an auto accident, you might be facing physical pain, high medical bills, and lost work wages. You may be struggling against unreasonable, unfair accusations from another driver’s insurance company.

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.
Contact a personal injury lawyer. If you or a loved one was injured in a personal injury accident, the first critical step is contact a personal injury lawyer. A lawyer can help you get the medical treatment that you need, communicate with insurance companies on your behalf, advise you of your legal rights and options, and fight to get you maximum financial recovery.
Many people who are involved in an automobile accident delay seeking medical care or treatment because they don’t have medical insurance. When you come to Accident Care and Treatment Center, Inc., you never have to worry about that. We don’t require you to have medical insurance, which means you can get the care you need even if you don’t have current coverage. This is possible, in part, because we deal with the liable party’s automobile insurance company to make sure that you get the care you need.

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.


A settlement occurs when an insurer or defendant and the plaintiff agree upon an offer of payment to the injured person. An offer can be made before a lawsuit is even filed, while the case has gone to trial, or even while a jury is deliberating. Once the settlement agreement is reached, the plaintiff relinquishes claims arising out of that specific incident, and signs a release.
After you report the accident and make a claim, a SedgwickCMS claims administrator will contact you and request all the relevant information. The administrator will ask for any notes or diagrams you have made, photographs of the accident scene and/or your vehicle, cost estimates to repair the damage to your car, and in the case of injuries, any invoices or bills for medical services. If there was a police report, provide it, or the police report number, to the administrator.

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.


For wrongful death cases in California, people qualify to claim damages if they are the following: (1) the deceased person's surviving spouse; (2) the deceased person's domestic partner; (3) the deceased person' s surviving children; or (3) if there is no surviving person in the deceased person's line of descent, then a wrongful death lawsuit may be brought by anyone "who would be entitled to the property of the decedent by intestate succession," which can include the deceased person's parents, or the deceased person's siblings, depending on who is living at the time of the deceased person's death. (California Code of Civil Procedure section 337.60). Otherwise a plaintiff will have to prove that financially dependency on the deceased person.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

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.
Injuries that result from auto accidents — both known and unknown injuries — tend to worsen over time, so it’s critical that you seek qualified medical help as soon as possible. You should also know that delays in diagnosis and treatment can also result in losing the ability to have your medical care covered by the at-fault party’s auto insurance company. That can be an expensive mistake if you have any injuries.

Another common tort involves injuries caused by defective products. Liability in these cases can be imposed based on a theory that the manufacturer acted negligently by designing and selling an unsafe product. Or, if certain elements are met, plaintiffs hurt by a defective product may be able to sue under a strict liability theory. Either way, product liability cases have the potential to become large class action lawsuits, involving many plaintiffs and enormous money judgments.
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.

The third situation is the most common, but is also less clear-cut than the first two because of those pesky words "should have known." Liability in these cases is often decided by common sense. Judges and juries determine whether the owner or occupier of property was careful by deciding if the steps the owner or occupier took to keep the property safe were reasonable.
Lawyer fees may be charged in a number of ways, including contingency fees, hourly rates, and flat fees. In many countries, personal injury lawyers work primarily on a contingency fee basis, sometimes called an if-come fee, through which the lawyer receives a percentage of a client's recovery as a fee, but does not recover a fee if the claim is not successful.[7]
×