In some jurisdictions, or by virtue of the retainer agreement between an attorney and client, the amount of the legal fee may vary depending upon whether a case settles before a lawsuit is filed, after a lawsuit is filed but before trial, or if the case goes to trial. For example, a retainer agreement might provide that a lawyer will receive a 33 and 1/3% contingency fee if a case settles before a lawsuit is filed, and a 40% contingency fee if the case settles after the lawsuit is filed.
If you or a loved one has been the victim of someone else's negligence on the road, it is important to contact an experienced auto accident attorney as soon as possible after your accident. The longer you wait to pursue legal action against the person or party responsible for your damaged vehicle and injuries, the harder it will be to receive the compensation you are entitled to under law. Contacting an attorney soon after your accident will provide you with access to the information and legal representation you need as you deal with insurance companies and the after math of a car accident.
Some crashes are intended; staged crashes, for example, involve at least one party who hopes to crash a vehicle in order to submit lucrative claims to an insurance company. In the USA, in the 1990s, criminals recruited Latin immigrants to deliberately crash cars, usually by cutting in front of another car and slamming on the brakes. It was an illegal and risky job, and they were typically paid only $100. Jose Luis Lopez Perez, a staged crash driver, died after one such maneuver, leading to an investigation that uncovered the increasing frequency of this type of crash.
Contact a personal injury lawyer. If you or a loved one was injured in a personal injury accident, the first critical step is contact a personal injury lawyer. A lawyer can help you get the medical treatment that you need, communicate with insurance companies on your behalf, advise you of your legal rights and options, and fight to get you maximum financial recovery.
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.
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.
Most personal injury cases are based on the doctrine of negligence. In essence, negligence requires every member of society to act responsibly and avoid putting others at risk. That is not to say that negligence will result each time someone gets hurt. The doctrine recognizes that some accidents are unavoidable. To establish liability, the plaintiff must show that a reasonably prudent person in the defendant's position would have acted differently under the circumstances.
This typically involves three vehicles, two driven by criminals and the third by an innocent victim. The driver of the “squat” vehicle pulls in front of the victim’s car. The driver of the “swoop” vehicle pulls in front of the squat vehicle, causing the driver of the squat vehicle to hit his brakes. The victim cannot react in time and rear-ends the squat vehicle. The swoop vehicle races off and is not seen again. The victim then typically is responsible for any vehicle damage and personal injury to passengers in the squat vehicle.
When on a cruise or other ship, the passenger should receive all manner of care as per the duty of care owed by the owner of the ship, and when this duty of care is in breach, the maritime laws generally require certain rules for a possible claim against the owner. Within these situations, the victim will need a lawyer to initiate a claim and follow these maritime laws.
Brain and Spinal Cord Injuries Some of the most horrifying and heartbreaking types of injuries that can stem from motor vehicle and other personal injury accidents are those to the brain and spinal cord. In personal injury cases involving these specific injuries, you could sustain potentially permanent physical and/or mental damage in the form of cognitive impairment, paralysis, and a host of other conditions.
However, property owners do need to be careful in keeping up their property. While there is no precise way to determine when someone else is legally responsible for something on which you slip or trip, cases turn on whether the property owner acted carefully so that slipping or tripping was not likely to happen -- and whether you were careless in not seeing or avoiding the thing you fell on. Here are some general rules to help you decide whether someone else was at fault for your slip or trip and fall injury.
Every personal injury lawsuit is unique, but there are common elements that every person suing (called the plaintiff) and the person being sued (called the defendant) can expect to encounter. This article discusses the major litigation landmarks and processes the plaintiff and defendant can expect, from the beginning of the lawsuit to its resolution.
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.
Insurance companies are in business to turn a profit, just as any other business, and they are always willing to investigate a claim fully. It is important to understand that your insurance company may be your best friend when defending against a personal injury lawsuit. In most instances, they actually provide the legal counsel for their clients because it is in the best interest of both the client and the company to look at all avenues of defense. Insurance claims adjusters and claim defense attorneys deal with personal injury claims regularly and understand all components of a negotiation, including taking a case to a full jury trial in hopes of an acquittal by a jury that thinks the claims of the plaintiff are excessive and often erroneous. Even valid personal injury claims can result in a much better final outcome when each and every detail regarding material case facts can be addressed in court
At Ankin Law Office, our experienced Chicago personal injury lawyers understand the complexities involved with personal injury cases, as well as the importance of presenting adequate supporting evidence. We will work with you to compile the necessary documentation and we will consult with medical experts, as necessary, so that we can effectively pursue your personal injury claim. Our Chicago personal injury lawyers are dedicated to getting clients the most favorable recovery possible, whether filing a personal injury lawsuit, submitting a claim for worker’s compensation or requesting social security disability.
An auto accident attorney in San Antonio understands the complexities that come with providing accurate legal representation during this time. Our team is thorough and we take the time to investigate every aspect of your particular case. We know that when you call an auto accident attorney, you’re going through physical and emotional injuries, and we want to take some of that stress off so that you can focus on getting better. We’ll handle the legal aspects of your case, so you have the best opportunity for a full recovery physically and financially.
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.
Discovery Phase. During this phase, each party gathers testimony, evidence, documents and information from each other and from third parties regarding the case. Written discovery includes questions, also known as interrogatories, and requests for documents. Oral discovery, known as depositions, also takes place. During a deposition, witnesses, experts, and each party are questioned by a lawyer. Your involvement is crucial, so be sure that your attorney has your latest contact information.
This defense falls into the category of comparative negligence, which each state uses in some manner. Some states use pure comparative negligence that allows any injured party in an accident injury to receive some amount of financial compensation unless they are totally at fault for the injury, such as an intentional act or they were convicted of drunk driving. Most states use modified comparative negligence law that states plaintiffs are barred from any financial recovery if their comparative negligence percentage is greater than the respondent. The bar level is usually either 50% or 51% to deny a claim. In pure contributory negligence states, any contribution to the causation of the injury will be an effective defensive strategy. In premises liability cases, the focus is on individual reasonable assumption of risk based on the actions of the plaintiff. An example of this defense would be trespassers who are injured and normally lose their claims based on no authority to occupy the property. This means that technicalities can matter greatly, depending on the state of occurrence, and the particulars of the claim are all potential reasons for a case dismissal, or at least a reduced financial liability.
Every state has what is called a "Statute of Limitations" which puts a time limit on how long after an accident a person has to file a claim. In Georgia, the time frame allotted for filing a slip and fall accident injury claim is two years. If a victim does not file a claim within this time frame, the courts will not hear their case and they are not eligible for compensation.
Patty is a pedestrian who is crossing the street at a crosswalk. Dave is a driver who fails to stop at a stop sign and hits Patty in the crosswalk, injuring her severely. Patty experiences significant pain and suffering, and incurs medical bills after treating her injuries. Patty sues Dave, and wins her personal injury lawsuit because she proves that:
There is no precise way to determine when someone else is legally responsible for your injuries if you slip or trip. Each case turns on whether the property owner acted carefully so that slipping or tripping was not likely to happen, and whether you were careless in not seeing or avoiding the condition that caused your fall. Here are some general rules to help you decide whether someone else was at fault for your slip or trip and fall injury.
Arbitration may be required if the victim's own insurance company is involved. This involves presenting a case in front of a neutral arbitrator who makes a binding decision. Mediation consists of the victim and the person responsible for the injury working together to reach a solution out of court with the help of a third-party neutral. (See more on mediation and arbitration.)