Your case may settle outside of court or may be resolved in a court of law by a judge or jury. You could also potentially take action not just against those who own the property, but also against tenants or renters who were in control of the space and who allowed unsafe conditions that led to a slip and fall. Our team can help you examine all your options and work to help you receive the full compensation to which you are entitled.
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.
A personal injury lawsuit is simply a legal action, brought in court, by someone who has been injured (either physically or emotionally) by another person, usually by way of an accident, fall, or product malfunction. There are many phases to a personal injury lawsuit, and it’s often difficult to predict how long it will take to resolve a case. This article will take you through each phase of a typical personal injury lawsuit.
My wife and I hired Mr. Salinas to represent our teenage daughter, who was involved in a very serious accident in South …Texas. He carefully gave us a detailed explanation throughout the process and we felt secure throughout our daughter's case. In the end, I can't say enough about how satisfied we were with the end result. I've since referred a co-worker and one of my cousins to his office.more »
In some cases, involving a defect in the design or manufacture of motor vehicles, such as where defective design results in SUV rollovers or sudden unintended acceleration, accidents caused by defective tires, or where injuries are caused or worsened as a result of defective airbags, it is possible that the manufacturer will face a class action lawsuit.
In almost every slip or trip and fall case, you must decide whether your carelessness contributed to the accident. The rules of "comparative negligence" help measure your own reasonableness in going where you did, in the way you did, just before the accident happened. There are some questions you should ask yourself about your own conduct -- an insurance adjuster will almost certainly ask them after you file your claim.
There are times when an accident attorney is not needed. This is usually the case when the injuries are very minor and there are no disagreements about who was at fault and who should pay (and what amount should be paid). Often, however, things are not so simple. If you were involved in a more serious accident, you should contact a personal injury lawyer right away. See How a Personal Injury Lawyer Can Help for more information about what personal injury attorneys do and how they can help you you’re your case. If you are looking for a personal injury lawyer, you can find listings of qualified attorneys in your area by going to AttorneyPages.com. If you would like to have your case reviewed by an experienced personal injury lawyer, simply fill out our case evaluation form and an attorney will contact you for a no-cost, no obligation evaluation.
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.
^ McKernan, Megan (13 May 2015). "AAA Tests Shine High-Beam on Headlight Limitations". NewsRoom.AAA.com. AAA Automotive Research Center. Retrieved 3 July 2018. AAA’s test results suggest that halogen headlights, found in over 80 percent of vehicles on the road today, may fail to safely illuminate unlit roadways at speeds as low as 40 mph. ...high-beam settings on halogen headlights...may only provide enough light to safely stop at speeds of up to 48 mph, leaving drivers vulnerable at highway speeds...Additional testing found that while the advanced headlight technology found in HID and LED headlights illuminated dark roadways 25 percent further than their halogen counter parts, they still may fail to fully illuminate roadways at speeds greater than 45 mph. High-beam settings on these advanced headlights offered significant improvement over low-beam settings, lighting distances of up to 500 feet (equal to 55 mph). Despite the increase, even the most advanced headlights fall 60 percent short of the sight distances that the full light of day provides.
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If there is no settlement, the case will proceed to trial. In order to be successful, the plaintiff will need to establish liability by proving the following to the judge or jury: (1) the defendant owed the plaintiff a duty of care; (2) the defendant breached his or her duty of care; (3) the plaintiff suffered injuries; and (4) the breach of the defendant’s duty of care was the proximate cause of the plaintiff’s injuries.
In most cases we do not want to proceed with a lawsuit until we have attempted to settle the case. This saves the client money in extra expenses that go along with a lawsuit and many times the case settles more quickly if we attempt to settle before filing a lawsuit than if we file a lawsuit right away and get lawyers involved on the other side. In some case, such as drunken driving cases, we often file the lawsuit right away. These options can be discussed in detail with respect to your specific case.
I am a member of Consumer Attorney's of California, The Million Dollar Advocates, The Brain Injury Association of California as well as the Capital City Trial Lawyers Association. The verdicts and settlements my office has achieved are public information and are listed for your review here. You can find out how past clients feel about us by looking at our site here or by learning what clients and other attorneys say about us on Avvo or Yelp.
In some cases, a personal injury law firm may also have medical personnel on staff that can evaluate your claim and tell you what type of personal injury claim you have and also interpret the medical records that they receive from your physicians and serve as a buffer between you and the physicians. They will also be able to make sure that you are receiving the best personal care for your injuries and best serve your personal injury case by being thorough and professional.
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.
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.
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.
If you’ve suffered from an injury at the fault of someone other than yourself, you will want to have the best personal injury attorney in San Antonio by your side. We’ll provide you with guidance and work towards a settlement that you deserve. We know that whether you’re going through physical or psychological issues, medical bills can pile up and put you behind, and our personal injury attorney will work towards results that allow you to move forward with your life. The sooner you call a personal injury attorney, the faster you’ll get compensated.
"I have never actually needed a lawyer before until I had my first car accident which was caused by someone else. My dad researched lawyers in our area and Ed had top-rated reviews, so naturally, we chose him. They helped me obtain medical treatment right away and always checked up on how I was doing. They were always very friendly, answered all my questions, and kept me informed. A very pleasant experience.. got a great settlement. The rest of the staff great as well, very friendly and inviting. I always felt welcomed any time I needed to stop by the office to sign paperwork. I would highly recommend this law office." - Kristina M.
Generally, a property owner will have one of two defenses; lack of negligence or fault of the injured party. The most common location that a slip and fall occurs is in a place of business. In these cases, a property owner may try to prove that he or she exercised reasonable care in keeping his or her property safe for customers. Business/property owners are required to exercise due diligence in making their property safe for all persons that may enter it. This includes detecting any hazardous conditions that may be present and making sure they are resolved and do not cause harm to patrons. Property owners may show that the cause of the injury was outside of their control. For example, the injured person slipped on liquid that had just been spilled by another customer.
Research has shown that, across all collision types, it is less likely that seat belts were worn in collisions involving death or serious injury, rather than light injury; wearing a seat belt reduces the risk of death by about 45 percent. Seat belt use is controversial, with notable critics such as Professor John Adams suggesting that their use may lead to a net increase in road casualties due to a phenomenon known as risk compensation. However, actual observation of driver behaviors before and after seat belt laws does not support the risk compensation hypothesis. Several important driving behaviors were observed on the road before and after the belt use law was enforced in Newfoundland, and in Nova Scotia during the same period without a law. Belt use increased from 16 percent to 77 percent in Newfoundland and remained virtually unchanged in Nova Scotia. Four driver behaviors (speed, stopping at intersections when the control light was amber, turning left in front of oncoming traffic, and gaps in following distance) were measured at various sites before and after the law. Changes in these behaviors in Newfoundland were similar to those in Nova Scotia, except that drivers in Newfoundland drove slower on expressways after the law, contrary to the risk compensation theory.
The insurance company is making a settlement offer based on what they expect the court to rule, and by taking the case to trial, you might get a larger ruling. However, if you do not have enough evidence, or your case is not strong enough, your case may fail to even meet the burden of proof and the defendant may not have to pay you anything at all. In other cases, the financial compensation that the jury will award will be less than the amount you would have received had you simply taken the settlement.
I served four great years in the military including Airborne Service in Southeast Asia from 1968-1970. After leaving the military, I used the GI Bill to attend UC Davis. I married in 1978 and later graduated from McGeorge School of Law in Sacramento in 1982, the same year my son, Brant was born. I opened my own office in 1983 and started working on personal injury cases exclusively in 1987. Since then, my office has handled thousands of personal injury cases including catastrophic injury and wrongful death cases.
Reflex Sympathetic Dystrophy (RSD): RSD, also known as Complex Regional Pain Syndrome (CRPS), is a complex progressive disorder that causes extreme, debilitating pain, affecting the central nervous system. It can result from injuries sustained in auto-accidents, and if caught and treated in the early stages, it may be possible to reverse the condition. If you were in an accident from which you received a diagnosis of RSD, it is important to consult with an experienced personal injury as soon as possible.
Some of those considerations might not have a clearly articulated value at first. However, based on our attorneys’ past experience, they could offer an estimated case value after assessing your medical records, police records, statements, and other evidence, such as the progression or regression of your physical and mental state after an accident. The whole picture can provide a window into what to expect from a personal injury lawsuit.
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.