Ultimately, your attorney is in the best position to let you know when a settlement offer is fair, or when your case is strong and you should go to trial. Make sure you consult with a qualified lawyer before giving up your right to sue or accepting or turning down a settlement, as once you make a decision on accepting a settlement, you cannot simply change your mind later on.
Seek immediate medical attention following a car crash. Even if you feel as if you are not injured, there may be a hidden condition that could have serious repercussions if left untreated. By seeking medical attention immediately after an auto accident, you are obtaining documented evidence that the injury was a direct result of the collision. The longer you wait to see a physician, the more difficult it becomes to prove that the injury was caused by the accident.
While an individual driver is often legally liable for a crash, many other parties can be at fault. Consider a construction company that fails to put up the proper “detour” signs for road work. Someone might unwittingly drive their car into dangerous conditions. Or imagine a state highway full of deep potholes. Someone might lose control of their truck and slam into a telephone pole or another vehicle. And what if a car manufacturer fails to properly install the brakes on your car? When you are unable to stop, the resulting crash could be blamed on the factory owners who did not thoroughly test their products. In any case, a skilled lawyer can help determine the responsible person or organization and fight to get you the compensation you deserve.
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. 
A 1985 study by K. Rumar, using British and American crash reports as data, suggested 57% of crashes were due solely to driver factors, 27% to combined roadway and driver factors, 6% to combined vehicle and driver factors, 3% solely to roadway factors, 3% to combined roadway, driver, and vehicle factors, 2% solely to vehicle factors, and 1% to combined roadway and vehicle factors.[14] Reducing the severity of injury in crashes is more important than reducing incidence and ranking incidence by broad categories of causes is misleading regarding severe injury reduction. Vehicle and road modifications are generally more effective than behavioral change efforts with the exception of certain laws such as required use of seat belts, motorcycle helmets and graduated licensing of teenagers.[15]
Finally, your own auto insurance policy also provides limited benefits for lost wages. These Income Continuation Benefits pay for lost wages for a minimum of 52 weeks in the amount of $100 or more per week. This amount can be greatly increased in both weekly amount and time period of payments by selecting available options. These benefits receive a credit for any Temporary Disability Benefits you are entitled to receive (whether or not you actually receive them). Therefore, you must apply for Temporary Disability Benefits immediately upon stopping work.
Aside from compensation for injuries, the injured person may get compensated for the lifetime effect of the injuries. An example, a keen cricketer suffers a wrist injury which prevents him from playing cricket during the cricket season. This is called loss of enjoyment of life and is compensable. Additionally, lost earning capacity (Future ability to learn) and future reasonably necessary medical expenses are recoverable.

Unless it is a rare case involving intentional conduct by the defendant, a slip and fall case will require the plaintiff to prove negligence. Negligence means that the defendant failed to act in a reasonable manner under the circumstances. For example, it is reasonable to expect a store clerk will place warning signs in recently mopped areas. If this is not done, and a customer slips on the wet floor and gets hurt, the store may be liable for negligence.

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.


What you do after an injury, can be more important the injury itself. Without proper documentation, and without alerting the authorities, the validity of your claim and injuries can be questioned. Here are some things you should after an accident accident. First and foremost, it’s crucial you write down as much about the accident as possible. If you have a cell phone, we recommend taking pictures of the surroundings so you can document what happened. Pictures are valuable because they can be potentially used in court, as evidence. Take as many pictures of the injuries you’ve suffered, in addition to the scene of the accident. The more evidence you have, the stronger your claim is. If you have time, write down information like the date, the weather, the location, and anything else specific that might be asked of you later. Try to also find witnesses, at the scene of the accident. If you can get a witness to corroborate your story to the police at the scene of the accident, the strength of your claim could be higher. 

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.

Our Colorado premises liability lawyers will review the specifics of your accident and answer your questions during a free consultation. We will assess whether the property owner owed a duty of care to you and is potentially liable for your injuries. We will determine whether the property owner created or left unrepaired conditions that caused the accident and whether you contributed to your own injury. We all have a certain responsibility to remain aware of our surroundings. You may still have a case even if you were partially responsible for a premises liability accident. If your case is the type that we handle, we will offer to represent you on a contingency fee basis. Our attorneys will investigate the accident, determine all the potentially liable parties and the sources of insurance available to provide compensation.
That is why you want to have your own team of experts in your corner when dealing with these companies. Insurance companies, whether it is your own carrier, or that of the other driver, are going to protect their own interests first. They may try to nickel and dime you wherever possible and save the company money, to your own detriment. That is why it is optimal to have your personal injury attorney to represent you in these negotiations. You never want to do anything on your own other than report the fact that you had an accident.

All of our medical professionals are dedicated with providing you with the absolute best care possible. If you’ve been involved in a car accident, it’s likely that you’re already stressed out by all of the different things you need to get done. We are happy to provide you with a variety of patient resources that can make a difficult situation a little bit easier.
The manner in which attorneys are compensated for representing injured plaintiffs varies by jurisdiction. For example, in the United States, attorneys often represent clients on a "contingent fee basis" in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved, with no payment necessary if the case is unsuccessful. Depending upon state regulations, a plaintiff's attorney may charge 1/3 of the proceeds recovered if a case is settled out of court or 40 percent if the matter must be litigated. Attorney fees are negotiable before hiring an attorney.
That’s not all, though. They will use all of that information to go head-to-head with the defendant’s attorneys to get you the best compensation possible. Oftentimes this happens in a settlement meeting, but if the big corporation or insurance company won’t budge, our attorneys are trained, experienced, and ready to go to court. (Whether in a settlement or at court, we’ve been able to win compensation many times over the defense’s initial low-ball offers.)
It is possible for a plaintiff to feel cheated or deceived after listening to bad legal advice and accepting a settlement too soon. If someone in this situation believes that his or her attorney provided inappropriate legal advice or was otherwise negligent in the handling of the case, the plaintiff may be able to file a lawsuit against his or her lawyer for legal malpractice. The plaintiff would need a new attorney to prove that the first lawyer failed to provide a reasonable level of representation and that another lawyer in the same situation would have likely offered better advice.
It can be difficult to tell what caused an auto accident. Far too many individuals automatically assume that the crash was their fault simply because they do not have the full range of facts necessary to understand the accident. People often contact an attorney if they can tell that another driver involved in the crash was drunk or was driving recklessly. However, many other factors that you cannot easily see could have contributed to the incident.
If you are considering taking an injury claim to trial, you may already have been told by a lawyer, friend, or your insurance company that taking your case to trial increases your chances of receiving a higher dollar value through a jury award. Going to trial may also give you a better chance of recouping all of your out of pocket costs.   As such, the option of taking a personal injury case to trial as opposed to settling can sometimes be beneficial to you from a financial perspective, but there are risks and rewards to taking a personal injury case to trial that you should be aware of before you decline a settlement offer and decide to go the trial route.  
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.
Another common tort involves injuries caused by defective products. Liability in these cases can be imposed based on a theory that the manufacturer acted negligently by designing and selling an unsafe product. Or, if certain elements are met, plaintiffs hurt by a defective product may be able to sue under a strict liability theory. Either way, product liability cases have the potential to become large class action lawsuits, involving many plaintiffs and enormous money judgments.
At Morgan & Morgan, we have handled many cases like this, investing time and energy on a contingency-fee basis in order to get your family justice. For one family, our attorneys were able to secure a $38 million verdict from a doctor and hospital responsible for birth injuries associated with a delayed C-section. One birth injury is too many, but when they do happen we’re available to help families hold medical professionals accountable for negligent practices.
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.
Accidents rarely come with any forewarning, leaving most victims unprepared and unsure of how to proceed. When you or someone you know is injured, you will have a lot of uncertainty and need to make a lot of decisions very quickly. You should always seek immediate medical attention for any injuries and also seek the assistance of qualified, experienced legal representation. But, how do you know who the best attorney is for your case?
Aside from compensation for injuries, the injured person may get compensated for the lifetime effect of the injuries. An example, a keen cricketer suffers a wrist injury which prevents him from playing cricket during the cricket season. This is called loss of enjoyment of life and is compensable. Additionally, lost earning capacity (Future ability to learn) and future reasonably necessary medical expenses are recoverable.
A 1985 US study showed that about 34% of serious crashes had contributing factors related to the roadway or its environment. Most of these crashes also involved a human factor.[14] The road or environmental factor was either noted as making a significant contribution to the circumstances of the crash, or did not allow room to recover. In these circumstances, it is frequently the driver who is blamed rather than the road; those reporting the collisions have a tendency to overlook the human factors involved, such as the subtleties of design and maintenance that a driver could fail to observe or inadequately compensate for.[50]
Motorcycle Accidents: Motorcycle riders lack the protection of an enclosed vehicle, and they can be seriously injured in an accident. Most motorcycle accidents are caused by other drivers who fail to see or register the motorcycle on the roadway. If you have been hurt in a motorcycle accident caused by the negligent act of another party, you will find a skilled and dedicated legal advocate with our firm. Keep the shiny side up!
However, a personal injury lawyer deals with these cases on a routine basis and can help identify a more accurate estimate of the real and long-term effect of injuries, such as a loss in earning capacity if the accident left the victim disabled. A personal injury lawyer may also ask an economist or actuary for help in assessing the lifetime impact of an accident.
×