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.
Colorado courts use the legal doctrine of comparative fault in determining damages in premises liability accidents. An accident victim may be entitled to receive compensation so long as the victim was less than 50 percent at fault for his or her injury. If you are partially at fault for your injury, you may still recover compensation, but any jury award you receive would be reduced proportionately. For example, if you were found to be 25 percent at fault for a slip and fall accident and a Denver jury awarded $100,000 in damages, then you would receive $75,000 in compensation.
Emotional distress. Usually linked to more serious accidents, emotional distress damages are meant to compensate a personal injury plaintiff for the psychological impact of an injury -- including fear, anxiety, and sleep loss. Some states consider emotional distress as part of any "pain and suffering" damage that is awarded to a personal injury plaintiff.
The insurance company's fear of this possibility is the major reason they typically want you to give up your right to sue and accept a settlement. Turning them down and taking the case to court means you could very easily end up being compensated much more than if you had settled out of court and given up your right to sue. In addition, you may be able to win an award for pain and suffering beyond that which was offered initially or even be awarded punitive damages.
The global economic cost of MVCs was estimated at $518 billion per year in 2003, and $100 billion in developing countries. The Center for Disease Control and Prevention estimated the U.S. cost in 2000 at $230 billion. A 2010 US report estimated costs of $277 billion, which included lost productivity, medical costs, legal and court costs, emergency service costs (EMS), insurance administration costs, congestion costs, property damage, and workplace losses. "The value of societal harm from motor vehicle crashes, which includes both economic impacts and valuation for lost quality-of-life, was $870.8 billion in 2010. Sixty-eight percent of this value represents lost quality-of-life, while 32 percent are economic impacts."
Likewise, the property owner may claim that the injury was caused by the injured party. Individuals are required to exercise due care to avoid injuring themselves. If they do not exercise care, others cannot be held accountable for their own negligence. An example may be if the injured party saw the other patron spill liquid on the floor and then stepped directly in the liquid instead of waiting for it to be cleaned up or walking around it.
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This process of discovery and intermittent court appearances can take months and even years, with the trial date frequently being set back. Eventually, once the discovery process appears to have proceeded as far as it can, the defendant may ask the judge to throw out the case on “summary judgment” because the plaintiff cannot possibly win at trial (these motions lose more often than not).
We serve the following localities: Alpharetta, Cabbagetown, Castleberry Hill, College Park, Columbus, Conyers, Decatur, Downtown Atlanta, East Atlanta, East Lake, East Point, Edgewood, Gainesville, Grant Park, Homepark, Inman Park, Kirkwood, Lawrenceville, Lilbur, Lithonia, Macon, Norcross, Old Fourth Ward, Ormewood Park, Reynoldstown, Riverdale, Rome, Roswell, Sandy Springs, Stone Mountain, Tucker, and Valdosta.
I was rear-ended and didn't realize I was as hurt as I was, until a day after. I had a friend refer me to George Salinas…, so I drove to his office and met with him and his staff. We signed a couple papers and they literally handled everything from that moment forward. They handled everything and I was just told where to go and they worked around my schedule. He set me up with a great network of doctors, chiropractors, and Pain Management specialist. We didn't have to go to trial and he took a very low percentage, compared to other lawyers, of what the insurance company paid me for medical Bill's and damages. It was the easiest process I've ever been through and I recieved way more money than I expected. It saved me financially! Don't buy into the catch phrase lawyers.... If you want somebody to handle this in a professional way, take care of everything so you can stay focused on your life, and get you the most money, call George Salinas!more »
If you were injured or a loved one died in personal injury accident, the Chicago personal injury attorneys at Ankin Law Office, LLC can help you get money damages. Because we focus on representing accident and injury victims, we will provide you with efficient and effective legal counsel that is catered to your unique situation and personal needs. We will guide you every step of the way – from investigation of the accident and filing the complaint to negotiating with insurance companies and advocating on your behalf in a court of law.
Your attorney will research your case at this stage to fully understand how you were injured and the extent of your injuries, damages, and costs. He or she will then contact and deal with the insurance company directly and possibly with the attorney representing the party who injured you. Your attorney will keep you aware of any negotiations and significant developments throughout the lawsuit process. Your focus should be on getting the medical attention you need and returning to your normal routine.
^ 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.
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.
The term "reasonable" often comes up in settlement negotiations and at other key stages of slip and fall cases. That's because, in order to be held "negligent" and therefore liable for damages in a slip and fall case, a property owner (or the owner's agent or employee) must have failed to act as a reasonably prudent person would have acted under circumstances similar to those leading up to the accident. In trying to assess whether the defendant acted reasonably, here are some factors that plaintiffs should consider:
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.
The Boston personal injury lawyers at Leontire & Associates, P.C. are known for taking on some of the most difficult and complex high-profile criminal cases in the nation. Individuals who have already been convicted in the court of public opinion have gone through the crucible of a public trial with our lawyers advocating for them, and they have come out the other side with their lives and liberty intact, vindicated of the charges brought against them.
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 »
Filing of a lawsuit puts your case in line behind other cases that were filed before yours. Court docketing varies by county, but typically, about 6 months after the lawsuit is filed the Judge will have a “Case Management Conference” where the personal injury lawyers will meet to discuss the details of the case with the Judge. At this time the Judge will set deadlines for certain stages of the case and set a Trial Date.
In a state like Texas, you have a number of Austin personal injury lawyers to choose from – that’s why you need an attorney who stands out from the crowd. Zinda Law Group is accredited by the Better Business Bureau®, and our founding attorney, Jack Zinda, is a member of the Multi-Million Dollar Advocates Forum® – a distinction held by only the top 1% of attorneys across the nation.
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. 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.
The definition of a road-traffic fatality varies from country to country. In the United States, the definition used in the Fatality Analysis Reporting System (FARS) run by the National Highway Traffic Safety Administration (NHTSA) is a person who dies within 30 days of a crash on a US public road involving a vehicle with an engine, the death being the result of the crash. In the U.S., therefore, if a driver has a non-fatal heart attack that leads to a road-traffic crash that causes death, that is a road-traffic fatality. However, if the heart attack causes death prior to the crash, then that is not a road-traffic fatality.
^ Smith, Turner T. (November 1983). "Environmental Damage Liability Insurance—A Primer". The Business Lawyer. 9 (1): 333–3Personal injury cases represent greatest amount54. JSTOR 40686553. ("Personal injury is defined to include 'bodily injury, mental anguish, shock, sickness, disease or disability.' Property damage means 'physical injury to or physical destruction of tangible property....'")
Personal injury law refers to the legal remedies and defenses involved in civil lawsuits brought as a result of wrongful conduct. In fact, the word "tort" comes from a Latin term meaning twist, wrong, or harm. In contrast to criminal law, a tort action does not involve the government prosecuting the wrongdoer. Rather, these cases involve a private plaintiff seeking compensation (usually money) for the harm caused by the defendant's actions.
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.
Consult with an attorney as soon as possible after a car accident. In the state of Arizona, there is a two year statute of limitations for auto accident injury claims. This means that those that have been injured in a car accident that was caused by another individual, have two years to file their lawsuit. Additionally, dealing with an insurance company after an accident can be difficult. An accident attorney can ensure your rights are protected throughout the process by ensuring you are not incorrectly blamed for the accident and that you receive the compensation you deserve. If we are not able to negotiate reasonable compensation, we can help you file a personal injury lawsuit seeking additional compensation.
Complaint and Answer Phase. The Complaint is the document detailing your allegations regarding how you were injured and the extent of your damages. It is usually filed in the county where your injury occurred or where the party who injured you (defendant) resides. After filing, the Complaint is personally served on (delivered to) the defendant(s). The defendant must “answer” the Complaint in a set period of time, usually 30 days. The Answer is the document in which the defendant admits to or denies the allegations of the Complaint.
The further along in the process you go, the more likely it is that you’ll pay your lawyer more. This is because each stage in the process requires more work on the part of your lawyer. Do your part to read related articles, talk to your attorney, and learn about the different pricing options that exist. Remember that a local personal injury attorney may have a different price than what you see online.
Take as many pictures, notes, and recordings of conversations as possible. After you’ve secured all of this, we recommend you speak to a personal injury attorney as soon as possible. First, you should get medical attention. When you get medical attention immediately after an accident, it established a track record of your injuries – which proves the injuries happened as a result of the accident.
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.
Settlements are private, but trials are not. While we mentioned this as a positive for the defendant, it benefits the plaintiff as well. During trial, both parties may try to make one another look bad, and that information will be available for anyone to read. In settlements, parties are in control of what can be public—including the settlement amount.
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.
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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.”
Call us today at 720-709-2855 for a free consultation with a slip and fall injury attorney about your accident. If you or a loved one is struggling to recover from a serious injury caused by another’s negligence, we may be able to help you regain control of your life. You deserve reliable guidance so you can make well-informed decisions about how to proceed. Call to find out how we can help. There is no fee unless we obtain compensation for you.
All in all, there are a number of factors to consider when determining slip and fall settlements. Negligence and liability are two major components of discovery, but the plaintiff must be free from blame the injuries that are suffered, whether common or unique, may qualify for compensation, among other considerations such as legal fees, medical bills and pain and suffering.
The reason this is an important category of car accident claims is because soft tissue injuries often aren’t visible. For example, a sprained wrist might hurt so bad you literally can’t sleep—but on the outside, there’s not even bruising. This is important because juries tend to have more sympathy, and award higher amounts, if an injury looks bad. Insurance companies know this and will try to offer you less money.
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.
In the United States, each state has different statutes of limitation, and within a state different types of injuries may have different statutes of limitation. Rape claims, for example, often have a much longer statute of limitation than other injuries. In some states such as Colorado, the statute of limitations starts to run once the injury is discovered. For example, if you were in a car accident and then 6 months later started having severe back problems, the statute would start when you noticed the injury.
I recently spoke to a friend, who is a personal trainer, about diet and exercise. Her advice, while well-intentioned, was wildly off-base from a scientific standpoint. This got me to wondering, what if I had taken her advice to heart and suffered a loss? Would the consequences of choices I made about diet and exercise be mine alone or would she have some liability for her inaccurate assertions?
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