Settlements can also benefit the defendant if there is a reason they’d like to stay out of the public eye. For example, if only a few people are injured by a defective product, the company may like to keep major publicity away. When drafting the settlement, the defendant company may include a confidentiality requirement that the plaintiff would sign. In exchange, the company may be more likely to offer a larger settlement amount.
Having the right personal injury attorney on your side can mean the difference between winning and losing your case, so choose yours carefully. Ask the attorney about his or her level of expertise and track record handling your type of case, their policy regarding communicating with clients, and any other questions you might have. At the initial meeting, the attorney will ask you many questions in order to get a full understanding of your case. Be wary of any attorney who, during the initial meeting, makes promises about how much money you can expect to receive. Good lawyers need more time to truly evaluate the value of your case, and they sometimes need to get experts involved too.
Informal Settlement - In reality, most disputes over fault for an accident or injury are resolved through informal early settlement, usually among those personally involved in the dispute, their insurers, and attorneys representing both sides. A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money.
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.
Truck Accidents: Large commercial trucks, fully loaded, can weigh 80,000 pounds or more, and they often cause serious injuries to passenger vehicle occupants in a collision. Large truck collision cases can be more complex than other automobile accident cases because of the number of potentially liable parties, evidence that must be preserved, and the federal regulations involved. If you have been injured or lost a loved one in a crash with large commercial truck, do not hesitate to consult with an experienced truck accident attorney with The Sawaya Law Firm.
In order to have a viable personal injury claim in Texas, the injured person must be able to prove that the other party was at fault and that their contribution or fault was less than 51%. If you may have been partly at fault, an attorney may decline your case because the monetary award will be reduced or eliminated depending on the extent of your fault.
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).
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.
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.
After an injury, if the damages appear to be more than the small claims court limit (around $5,000, depending on the state), most plaintiffs will seek out an attorney. The typical plaintiff’s personal injury attorney will consult with the plaintiff for free. If, after the initial consultation, it appears that the plaintiff might have a case, the attorney may agree to conduct an exploratory investigation, including whether or not the defendant has applicable insurance and/or sufficient assets. If the consultation and investigation lead the attorney to conclude that the case is viable, he or she will enter into a fee agreement with the plaintiff and officially become the plaintiff’s attorney.
Social Security Disability (SSD): Although many American workers pay into Social Security for most of their lives, Social Security Disability benefits can be difficult to obtain when you need them. Most claims are denied by the Social Security Administration in the initial application phase. Our firm can make a difference in the outcome of your disability claim.
MY LAWER TREATED ME LIKE A PERSON NOT A PAYCHECK. GEORGE ALSO GAVE ME HIS PERSONAL PHONE NUMBER SO I COULD CALL ANYTIME.… GEORGE WOULD EITHER ANSWER THE PHONE CALL BACK THE SAME DAY WITHIN A COUPLE OF HOURS OR WORST CASE THE NEXT DAY. THIS IS THE BEST LAWYER I HAVE HAD AND WILL RECOMMENDED HIM TO ALL MY FRIENDS AND FAMILY. I WISH MORE LAWERYS WERE LIKE GEORGE. AFTER BEING BURNED IN THE PAST WITH SEVERAL DIFFERENT LAWERYS GEORGE RENEWED MY FAITH THAT THERE ARE STILL SOME HONEST AND FAIR LAWERYS.more »
Property owners have a legal responsibility to maintain their property is reasonably safe condition and to provide adequate warning of any hazard or unsafe condition that cannot be quickly corrected. When a visitor to the property is injured due to an unsafe condition, inadequate security, inadequate maintenance or construction defects, the person who is injured may be entitled to seek compensation from the property owner.
They took into account thirty factors which it was thought might affect the death rate. Among these were included the annual consumption of wine, of spirits and of malt beverages—taken individually—the amount spent on road maintenance, the minimum temperature, certain of the legal measures such as the amount spent on police, the number of police per 100,000 inhabitants, the follow-up programme on dangerous drivers, the quality of driver testing, and so on. The thirty factors were finally reduced to six by eliminating those found to have small or negligible effect. The final six were:
A property owner (or their employee) should have recognized a dangerous condition (i.e. a pothole or an uneven walking surface) and removed or repaired the potential danger, but did not. The key question here is whether a reasonable person would have identified the condition as hazardous, and whether the defendant had ample opportunity to remedy the situation before the accident occurred. OR
States that recognize contributory fault laws will not award a settlement to a plaintiff if there is any degree, even the slightest, of partial blame on the part of the injured party. States that enforce comparative negligent laws will award compensations in cases where there is partial negligence, but they will reduce the settlement in proportion to the percentage of liability. Determining partial liability on the part of the injured person is determined by the engagement, access and warnings provided to the plaintiff. If the injured person was distracted by talking or texting on the phone they may be deemed to personal liability. If the injury took place in a restricted area in which the plaintiff was not granted access to, or they disregarded warning signs posted in the area, those issues may also present a case of partial liability.
In the United States, lawyers are regulated by codes of conduct established by state bar associations, which have the power to take disciplinary action against lawyers who violate professional or ethical regulations. States normally require all contingency agreements between lawyers and their clients to be in writing, and may limit the amount that may be charged as a contingency fee to a specific maximum percentage of the recovery.