If you answered “yes” to each of the questions discussed above, you may have a valid personal injury lawsuit or claim. Because filing a personal injury lawsuit can have serious legal and financial consequences, and requires a thorough knowledge of the laws and legal system, it is best to consult with an experienced personal injury lawyer before considering doing so.
I was referred to George Salinas and his excellent staff by a close friend. The level of professional personal service a…nd excellent results from his office allowed me to get the required treatment and a final settlement by Mr. Salinas that was very reasonable and fair. I highly recommend George Salinas Law Firm for any legal services you may require, I'm sure you will not be disappointed.more »
^ Lawyers Cooperative Publishing. New York Jurisprudence. Automobiles and Other Vehicles. Miamisburg, OH: LEXIS Publishing. p. § 720. OCLC 321177421. It is negligence as a matter of law to drive a motor vehicle at such a rate of speed that it cannot be stopped in time to avoid an obstruction discernible within the driver's length of vision ahead of him. This rule is known generally as the `assured clear distance ahead' rule * * * In application, the rule constantly changes as the motorist proceeds, and is measured at any moment by the distance between the motorist's vehicle and the limit of his vision ahead, or by the distance between the vehicle and any intermediate discernible static or forward-moving object in the street or highway ahead constituting an obstruction in his path. Such rule requires a motorist in the exercise of due care at all times to see, or to know from having seen, that the road is clear or apparently clear and safe for travel, a sufficient distance ahead to make it apparently safe to advance at the speed employed.
When the case is finally ready for trial, many courts require the attorneys to meet with a judge for a settlement conference where the judge tries to help the parties reach a settlement agreement before going to trial. In some places the parties are referred to mediation before a case can be set for trial. In mediation the parties themselves might be present and the session is directed by a mediator instead of a judge.
The British road engineer J. J. Leeming, compared the statistics for fatality rates in Great Britain, for transport-related incidents both before and after the introduction of the motor vehicle, for journeys, including those once by water that now are undertaken by motor vehicle: For the period 1863–1870 there were: 470 fatalities per million of population (76 on railways, 143 on roads, 251 on water); for the period 1891–1900 the corresponding figures were: 348 (63, 107, 178); for the period 1931–1938: 403 (22, 311, 70) and for the year 1963: 325 (10, 278, 37). Leeming concluded that the data showed that "travel accidents may even have been more frequent a century ago than they are now, at least for men".
If you are considering taking an injury claim to trial, you may already have been told by a lawyer, friend, or your insurance company that taking your case to trial increases your chances of receiving a higher dollar value through a jury award. Going to trial may also give you a better chance of recouping all of your out of pocket costs. As such, the option of taking a personal injury case to trial as opposed to settling can sometimes be beneficial to you from a financial perspective, but there are risks and rewards to taking a personal injury case to trial that you should be aware of before you decline a settlement offer and decide to go the trial route.
Our firm offers a risk free evaluation, in person – or over the phone. We can even come to you – at your home, place of business, or the hospital, in order to help explain how we can help and to give you the legal help you deserve. Our only goal is to help you. We never charge an upfront fee, and we work on a contingency fee basis. If we don’t win, we don’t get paid. Contact us today.
Usually once the Pre-lawsuit demand is sent out we allow the insurance company 30 days to settle the case. If we cannot settle the case in those 30 days we generally recommend filing an injury lawsuit. Sometimes there are legitimate reasons to extend the demand deadline, any requests by the insurance company to extend that deadline will be discussed with the client and then a decision will be made based on the unique factors of each case.
Then there are those reserved for survivors of people who died because of the negligence of another. Plaintiffs can seek compensation for funeral costs. They can also seek compensation to account for the sudden and enduring loss of household income that comes with the death. Compensation is also available for pain and suffering, as well as the loss of companionship. These damages can help the family obtain some degree of peace of mind after a sudden loss.
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.
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.
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:
Personal injury lawyers help injured people seek compensation from those who have harmed them. Some injury attorneys focus on a specific type of case, such as truck accidents, car accidents, slip-and-fall injuries, medical malpractice or products liability cases. If a person is injured as a result of criminal behavior, it may be appropriate to pursue a personal injury lawsuit in addition to the state's criminal investigation or prosecution.