In order to be held liable for a slip and fall in most states, a property owner or occupant (or an employee) must be found negligent. This means that the owner or occupant must have caused the spill or other hazardous surface, know of the hazardous surface and have done nothing about it, or should have known of the hazardous condition and failed to do anything about it.
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.
The most important rule about settlements is that, once the plaintiff tells the defense that he or she has accepted the settlement offer, the case is over. In almost every state, this is final. A change of heart about the settlement offer, even five minutes after it’s been accepted, will go nowhere. Just like any other contract, there is almost zero chance of getting the court to reverse a settlement agreement. For this reason, it’s important that the plaintiff carefully consider the terms of a settlement offer – amount of money, payment terms, release of liability, confidentiality terms – before accepting.

Dangerous property or buildings can be the cause of expensive lawsuits for the people who own them, and landlords may wish to speak with building code lawyers to ensure compliance with local laws. In the case of dilapidated or blighted property, owners can even be sued if the locality steps in to make needed repairs. Those who have been injured on unsafe or dangerous property can also sue for damages via personal injury lawyers.
Farar & Lewis LLP is a top rated law firm, with over 30 years of combined experience. Our attorneys have won over $50 million, in combined verdicts and settlements for our clients. Our firm was founded on the concept of concierge customer service. Everything we do revolves around helping our clients get the best possible outcome. Almost all of our clients work with one of our founding partners, which ensures the highest level of service and success. We recognize that you’re trusting us with your future, and your families future — we take this responsibility seriously. As a result, we take on fewer clients than most other firms – in order to provide the highest levels of service.

The answer to this question is complicated. In order to have any right to collect compensation for your injuries, the other driver involved in the accident must have been at fault. If you did not cause the accident and have been hurt, your ability to recover money depends on the type of insurance you have selected and the severity of your injuries.


Invalid assertions can be stricken from the record in some instances when the plaintiff legal counsel cannot prove the claims. Some claims are filed with overstated pain-and-suffering claims as well as overly-calculated loss of future wages. The diagnosis and prognosis of medical treatment professionals can be evaluated and defended as well, many times by a second opinion from an impartial medical professional who is legally qualified to present a competing analysis. While this may not always result in a case dismissal, certain items can be eliminated and injury claims regarding the degree of injury can require closer evaluation, which normally results in a reduced amount of financial damages available.
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.
Many personal injury lawsuits never make it to trial. It is almost always in the best interests of all parties involved to settle a personal injury lawsuit as quickly as possible to save time and resources. A settlement is also an opportunity for both parties to potentially benefit; the defendant may be willing to pay a little more than expected in exchange for a speedy resolution to the matter. Similarly, the plaintiff may be willing to forego a bit of compensation to get his or her money faster.

While a quick settlement may work in both parties’ favor in some cases, in others, accepting a settlement too soon may leave the plaintiff without the means of recovering compensation later if he or she discovers additional injuries or other damages unnoticed during the initial settlement negotiation. In most cases, the plaintiff’s acceptance of a settlement offer requires releasing the defendant from future liability for the claim.
The vast majority of personal injury cases are settled before or during trial; only a small percentage of these lawsuits are tried in court and reach a jury verdict. There are many benefits (for both the injured party and the defendant) to keeping a personal injury case out of the courtroom – and out of the hands of a jury. Read on to get a sense of how a personal injury lawyer would negotiate the settlement of a lawsuit.
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.

In cases where the defendant's conduct is deemed particularly egregious or outrageously careless, a personal injury plaintiff may be awarded punitive damages on top of any compensatory damages award. Punitive damages stem from a rationale that is quite different from the justification tied to compensatory damages, which attempt to "make someone whole."
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.
DISCLAIMER: This website contains information about Leontire & Associates, P.C. that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.
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 »
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,[20] with researchers observing that many exhibit behaviors and attitudes to risk that can place them in more hazardous situations than other road users.[18] 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.[21] 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:[22]
At Farar & Lewis LLP, we pride ourselves on our ability to be there for our clients, 24/7 when tragedy or questions arise. Every single one of our clients has access to their assigned lawyer. We encourage our clients to call us, whenever the need arises, to get help. Many consider us a part of their family – because we do everything in our power to help solve the problems your facing. In the past, our injury lawyers have helped clients get medical assistance, help with car repairs, and more. Our goal is to help handle all aspects related to your case, so that you can focus on healing and your family.
Birth Injuries Birth injuries are particularly devastating for your family. A negligent mistake by an obstetrician or other medical professional can result in physical injuries to a newborn, and it can also lead to lasting conditions, such as cerebral palsy, paralysis, and brain damage. This can be traumatic to the children and the parents, as well as a major financial strain on the family.

The most important rule about settlements is that, once the plaintiff tells the defense that he or she has accepted the settlement offer, the case is over. In almost every state, this is final. A change of heart about the settlement offer, even five minutes after it’s been accepted, will go nowhere. Just like any other contract, there is almost zero chance of getting the court to reverse a settlement agreement. For this reason, it’s important that the plaintiff carefully consider the terms of a settlement offer – amount of money, payment terms, release of liability, confidentiality terms – before accepting.
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.
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.
The discovery process is the procedure in which each party investigates what the adversary’s legal claims and defenses are. They send interrogatories (a fancy word for questions) and document requests to each other, and take depositions of all of the relevant witnesses in the case, generally beginning with the plaintiff and defendant. This process can last six months to a year, depending on the court’s deadlines and the complexity of the case.
We can then seek just compensation for your medical expenses, lost wages, pain and suffering and other damages by dealing directly with the insurance companies on your behalf. We can seek a financial recovery for you through the at-fault driver’s liability coverage and, if necessary, turn to your own uninsured/underinsured motorist (UM / UIM) coverage.

In the United States, for federal taxes payable to the IRS, the money awarded in a personal injury settlement as compensation for pain and suffering, medical expenses and property damage is not ordinarily taxable. Exceptions may apply, for example, if a plaintiff took a tax deduction in a prior year for medical expenses that are recovered through a later judgment or settlement. [21]

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Medical treatment for car accident injuries can become expensive and may require long-lasting treatment and surgeries. Filing a claim detailing the damages you or your loved one has suffered could provide some financial relief needed to recover. Our Phoenix auto collision lawyers will be able to provide you with an assessment of the compensation you deserve.

Invalid assertions can be stricken from the record in some instances when the plaintiff legal counsel cannot prove the claims. Some claims are filed with overstated pain-and-suffering claims as well as overly-calculated loss of future wages. The diagnosis and prognosis of medical treatment professionals can be evaluated and defended as well, many times by a second opinion from an impartial medical professional who is legally qualified to present a competing analysis. While this may not always result in a case dismissal, certain items can be eliminated and injury claims regarding the degree of injury can require closer evaluation, which normally results in a reduced amount of financial damages available.
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.

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.
In states that follow contributory fault rules, the plaintiff will be barred from collecting any damages at all if they're found to bear any degree of responsibility for the accident. In comparative negligence states, an injured claimant's damages award will be reduced by a percentage that's equal to  his or her share of  liability -- so, a claimant who bears 25% of the blame in a slip and fall case would only collect $7,500 of a $10,000 damages award, for example. You can find your state’s rules on the issue in this chart.
Additional damages for mental injury without a physical injury are less clearly covered, as the insurance policy typically states that it covers only bodily injury. For example, in general liability as of 2001 a minority of courts included emotional distress within the definition bodily injury.[17][18] Where a mental injury arises from a physical injury—as with a traumatic brain injury caused by a car accident—auto insurance policies normally cover the injury.

In some countries, those prevailing in trial may recover their attorneys' fees from the opposing party. In the United States A party may be able to seek sanctions when the other party acts without legal basis or justifiable cause. For example, if the opposing party continues to object to the complaint without significant reason or justifiable cause, a party may apply a motion for punitive damages or that the opposing party is harassing and or speculating without merit or reason.

^ 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.
In some cases, involving a defect in the design or manufacture of motor vehicles, such as where defective design results in SUV rollovers[101] or sudden unintended acceleration,[102] accidents caused by defective tires,[103] or where injuries are caused or worsened as a result of defective airbags,[104] it is possible that the manufacturer will face a class action lawsuit.
Pain and Suffering This category of compensation is calculated and awarded based on the depth and breadth of the pain and suffering you’ve endured — your type of injury and what medical treatment was required. To get this kind of compensation, which can exceed a million dollars in a jury trial, the plaintiff will need to have as much evidence as possible to prove the impact of an injury caused by the negligence of another.
If all efforts at settlement fail, the case will be set for trial before a judge or jury—whichever the plaintiff chooses. The parties will present witnesses, cross-examine the other parties’ witnesses, present evidence, and make arguments. At the end, the finder of fact (judge or jury) will enter a verdict for the plaintiff or defendant. If the verdict is for the plaintiff, the finder of fact will decide on the amount of damages.

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.  
Usually party depositions and lay witness depositions can be completed within a few months of the first phase of written discovery being completed. Expert and medical depositions take a little longer due to scheduling issues and oftentimes many of the expert depositions are not needed until the case gets close to trial. Expert and medical depositions can get very expensive, therefore, we generally recommend holding off on these depositions in an effort to control case costs. This is a strategy that is discussed with the client and a final decision is then made.
Lost Wages You were injured and you had to miss work. Maybe it was just a matter of using some sick time to go to doctor’s appointments or perhaps you were in the hospital and had to take a lot of time off. Or you were injured so severely that you can no longer work. Whether it’s the loss of a few days or the inability to work going forward, you could be entitled to compensation for those lost wages.
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.
Deposition testimony is crucial in a negligence case. By securing this evidence early in the litigation, both the plaintiff and the defendant gain an understanding of the circumstances that led to the accident and the degree of fault that can be attributed the defendant. Taking into account the severity of the injury, both sides can then determine what they believe the case is worth, and settlement negotiations will ensue.
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.
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.
Generally, property owners and occupants owe a duty to use reasonable care to maintain any property under their control. This duty is usually owed to those on the property lawfully, such as a business' customers or social guests who have been invited. To meet the standard of care, the property owner or occupant will have to regularly check for spilled substances or uneven surfaces. In many states, this duty does not extend to trespassers.
The cases involving a property owner or occupant that "should have known" of a slippery surface can be the most challenging to prove. For example, in a slip and fall that occurs on a wet floor in a grocery store, a crucial issue will be how long the floor was wet. The longer the floor was wet, the more likely it is that the storeowner knew or should have known that the hazardous surface existed and failed to warn customers or otherwise guard against slip and falls. Unfortunately, in many cases, it is hard to determine how long the surface was wet. If you are injured in a slip and fall, it is a good idea to get the name and contact information of any witnesses, especially if they were present in the location over a long period and can give some idea of how long the hazardous surface existed.
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.
Some of these damages are economic, such as medical bills and lost wages. Others are noneconomic, such as pain and suffering and diminished quality of life. Economic damages are generally easy to calculate. Noneconomic damages are more difficult to calculate, and you may need to consult with an experienced personal injury lawyer to make reasonable estimates.
I believe in a holistic approach to personal injury cases. That doesn't mean I'll anoint you with peppermint oil as you walk through the doors of my office, but it does mean that I take a very personal interest in your welfare. My firm is known as the "personal" personal injury law firm because we take the time to get to know you, your background, hopes and dreams.
Dangerous property or buildings can be the cause of expensive lawsuits for the people who own them, and landlords may wish to speak with building code lawyers to ensure compliance with local laws. In the case of dilapidated or blighted property, owners can even be sued if the locality steps in to make needed repairs. Those who have been injured on unsafe or dangerous property can also sue for damages via personal injury lawyers.
Our personal injury law firm will also help you address the non-economic losses associated with your accident. What does this mean? If you or a loved one suffered a serious injury, you may be dealing with emotional stress, psychological stress, pain, suffering, and loss of enjoyment of life. Although these damages are not financial, you may deserve monetary compensation for them as well.
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A number of factors contribute to the risk of collision, including vehicle design, speed of operation, road design, road environment, and driver skill, impairment due to alcohol or drugs, and behavior, notably speeding and street racing. Worldwide, motor vehicle collisions lead to death and disability as well as financial costs to both society and the individuals involved.
In some cases, the defense attorney will file a motion for summary judgment (a motion to dismiss the lawsuit). In those cases, the defendant may not be willing to discuss settlement until after the court rules on the motion. If the court grants the motion, then the case is over; it has been dismissed. But if the court denies the motion, then it’s time to talk. Other times, the defense attorney will be willing to discuss settlement while the court is considering the motion. In settlement negotiations, every case is different.

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.


The amount of your accident compensation is mostly determined by how severe your injuries were. And the severity of your injuries is measured by the amount of your medical bills, the type of injuries you have, and the length of time it takes for you to recover. As the amount of your potential compensation increases, the range within which that compensation may fall becomes wider. In such cases, it may be worth the expense to have a lawyer handle your claim and make sure you receive compensation at the highest end of the range.
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