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.
A claim for injury due to a slip and fall accident is a tort action in the United States. Generally, an individual suffers harm due to slipping and falling while on anothers property. The property may be public or private property, although most slip and fall claims are based on accidents that occurred on private property (such as a business). The person at fault, or liable for the accident, may be the owner of the property where the accident occurred. The injured party filing a claim will usually be seeking monetary damages for injuries sustained due to the slip and fall.
The first thing that you should do after getting injured in an accident is to get medical treatment. If you are hurt, go to the hospital or see a doctor. Not only is this the right thing to do for your health, but, if you don’t see a doctor for some time after an accident, the insurance adjuster and the jury will assume that you weren’t all that hurt.
When you are involved in an accident as the result of another driver's negligence, you may be entitled to take legal action to recover your damages. Damages may include any injuries you sustained as the result of the accident and any costs you incurred as a result of those injuries such as medical bills, prescription drug costs, lost wages due to time missed from work and a number of other possibilities experienced auto accident lawyer can discuss with you.
My wife and I were represented by Mr. Salinas for an incident involving a tractor trailer that left us in bad health. Wi…thin a year after this terrible event, he fought and won on our behalf against the company and sought that we were fully compensated for what we had suffered. Even though our case is over, we still stay in communication from time to time. Excellent advocate, knowledgeable attorney, and caring counselor.more »
See Automobiles – UC Vehicles for information about how you are insured when driving UC vehicles to conduct University business. As long as you are properly using a University vehicle at the time of an accident, the UC Auto Insurance Program will pay all costs except the deductible. Your department will be charged directly for the deductible. The University, through the Risk Management office and the Claims Administrator, SedgwickCMS, will deal with the other parties to the accident.
Sometimes, the skills of an experienced personal injury lawyer -- or at least the threat to an insurance company that such a lawyer may present -- are worth the money you must pay that lawyer to represent you. You may need a lawyer because of complex legal rules involved in your particular claim, or because the severity of your injuries might cause your compensation to vary greatly from the norm -- or simply because an insurance company refuses to settle a matter in good faith. The following types of injuries and accidents almost certainly require a lawyer's help.
In most cases, a person injured in a slip and fall on someone else's property must prove that the cause of the accident was a "dangerous condition," and that the owner or possessor of the property knew of the dangerous condition. A dangerous condition must present an unreasonable risk to a person on the property, and it must have been a condition that the injured party should not have anticipated under the circumstances. This latter requirement implies that people must be aware of, and avoid, obvious dangers.
Attorney Michael Sawaya and the legal team at The Sawaya Law Firm are committed to providing clients with excellent legal representation. Our effective advocacy on behalf of clients and the 12 core values on which our firm was founded 40 years ago have shaped our success and allowed the firm to grow to more than 20 lawyers and 80 staff members. Many of our attorneys including our founding attorney have been listed among Colorado Super Lawyers®. The Sawaya Law Firm is a full service personal injury firm that focuses on helping people who have been injured through the carelessness or negligence of others. Our premises liability attorneys serve clients in Denver, Greeley and throughout Northeastern Colorado.
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.
In the United States, personal injury in the sense of "bodily injury" to others is often covered by liability insurance. Most businesses carry commercial general liability policies. Different states have different rules regarding auto insurance, but generally, a driver's liability insurance is available to compensate others whom that driver may inadvertently injure, and uninsured or underinsured motorist coverage is available to compensate the driver for injuries inflicted upon the driver by someone else. Therefore, an insurance company will provide a legal defense to the defendant and may settle with the plaintiff (victim).
Personal injury lawsuits are often valid and difficult to defend when the plaintiff legal counsel can establish the case with supporting documentation and identify the appropriate respondents who may have been negligent with respect to a reasonable duty of care owed to the injured plaintiff. This component of a personal injury lawsuit is often accomplished relatively easy following automobile accidents where the police have performed an investigation and listed all parties involved. Lawsuits also usually are filed after an extensive negotiation concerning the specific injuries that become items of damage recovery in the formal filing. Those negotiations consist of the legal positions of each party regarding the level of negligence and degree of responsibility for each respondent. In slip and fall personal injury cases, the dynamic is somewhat different, but automobile accidents regularly involve several parties who contributed to the accident in some manner who are also attempting to recover damages. This commonly results in very complicated cases where defendants and their insurance companies are attempting to lessen their level of fault and deflect responsibility to other involved parties. This is also why it is absolutely necessary to have an experienced personal injury lawyer defending your legal case.
The only way to sue after a settlement negotiation is to back out before accepting the opposition’s offer and instead move to a trial. The risk is greater, but so is the potential reward. The trial value of a personal injury claim is almost always higher than the settlement value, and the plaintiff could secure much more compensation; however, trials take longer and will generate more legal fees for the plaintiff.
Most personal injury damages are classified as "compensatory," meaning that they are intended to compensate the injured plaintiff for what was lost due to the accident or injury. A compensatory damages award is meant to make the injured plaintiff "whole" again from a monetary standpoint (to the extent that's possible). This means trying to put a dollar figure on all the consequences of an accident. Some compensatory damages are relatively easy to quantify -- like reimbursement for property damage and medical bills. But it's harder to place a monetary value on pain and suffering or the inability to enjoy hobbies because of physical limitations caused by lingering accident-related injuries.
Collisions migration refers to a situation where action to reduce road traffic collisions in one place may result in those collisions resurfacing elsewhere. For example, an accident blackspot may occur at a dangerous bend. The treatment for this may be to increase signage, post an advisory speed limit, apply a high-friction road surface, add crash barriers or any one of a number of other visible interventions. The immediate result may be to reduce collisions at the bend, but the subconscious relaxation on leaving the "dangerous" bend may cause drivers to act with fractionally less care on the rest of the road, resulting in an increase in collisions elsewhere on the road, and no overall improvement over the area. In the same way, increasing familiarity with the treated area will often result in a reduction over time to the previous level of care (regression to the mean) and may result in faster speeds around the bend due to perceived increased safety (risk compensation).
Seek immediate medical attention following a car crash. Even if you feel as if you are not injured, there may be a hidden condition that could have serious repercussions if left untreated. By seeking medical attention immediately after an auto accident, you are obtaining documented evidence that the injury was a direct result of the collision. The longer you wait to see a physician, the more difficult it becomes to prove that the injury was caused by the accident.
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.
Some bar associations and attorney organizations offer certifications, including certification of lawyers in the field of personal injury. Certification is not required to practice personal injury law, but may help a lawyer demonstrate knowledge in the field to potential clients. Within the U.S., not all state bars offer certification for personal injury law. Some states, such as New Jersey, allow lawyers to become Certified Trial Attorneys, a credential that is available to both plaintiff and defense attorneys. Some states, such as Arizona, restrict the use of the words "specialist" or "specialize" to lawyers who have obtained a certification from the State Bar Board of Legal Specialization in a specific field of law, with one such certification being in the area of personal injury law.