Most cases settle before trial. At any point in the process described above, the parties can settle and end the case. In fact, the plaintiff can send the first settlement offer before the complaint is ever filed. What is more typical, particularly if the initial evidence establishing liability and/or damages is inconclusive, is that a settlement is reached after the discovery process has gone on for a while.
Unlike other lawyers, personal injury lawyers don’t charge an hourly rate. Instead, they accept a percentage of their client’s compensation for punitive damages as payment. In high profile cases, personal injury lawyers may earn as much as 40% of their winning client’s compensation. Payment is made on a contingency basis meaning the plaintiff only pays if the lawyer recovers money on his behalf.
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.
Arizona awards compensation for personal injury and property damage cases based on the rule of “comparative negligence.” Under comparative negligence, a jury will determine the level of fault both parties played in causing the accident. If you have filed a claim for $1,000 and it has been determined that you were 20 percent responsible for causing the accident, you would be awarded $800.
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.
You may find this process frustrating, and even exasperating. However, the more information and documentation you provide to the insurance company, the more likely you are to receive fair compensation from the insurance company for all of your damages. Remember, the insurance company is not required to reach a settlement agreement with you. The insurance company may say at some point, “This is the best offer we’re going to make – if you want more money, then file a lawsuit.” (More: When Injury Settlement Talks Fail.)
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.
If you've been injured in a slip and fall on someone else's property and are considering a legal claim, you should discuss your case with an experienced attorney. You should do so quickly, as there are time limits in which injured persons may file a personal injury lawsuit. Get started today by finding an experienced personal injury lawyer near you.
As the discovery period ends, the lawyers will generally start talking about settlement. Sometimes the lawyers can settle a case just by talking among themselves, but, in other cases, they will go to mediation. Mediation is a process in which both clients and both lawyers go in front of a mediator to try to settle the case. (Learn more about Mediation of Personal Injury Claims.)
Please note that we cannot guarantee the results or outcome of your particular procedure. For instance, the government may reject a trademark application for legal reasons beyond the scope of LegalZoom's service. In some cases, a government backlog can lead to long delays before your process is complete. Similarly, LegalZoom does not guarantee the results or outcomes of the services rendered by our legal plan attorneys or attorney-assisted products. Problems like these are beyond our control and are not covered by this guarantee.
Our firm was founded on the principle of concierge customer service. We provide the same level of service, for each and every client. We never charge upfront fees, and only get paid if, and when, we win your case. We offer all clients a risk free initial consultation, whether it be at their home, hospital, or place of employment. We can even do it over the phone. We are dedicated to helping you recover.
Collisions migration refers to a situation where action to reduce road traffic collisions in one place may result in those collisions resurfacing elsewhere. For example, an accident blackspot may occur at a dangerous bend. The treatment for this may be to increase signage, post an advisory speed limit, apply a high-friction road surface, add crash barriers or any one of a number of other visible interventions. The immediate result may be to reduce collisions at the bend, but the subconscious relaxation on leaving the "dangerous" bend may cause drivers to act with fractionally less care on the rest of the road, resulting in an increase in collisions elsewhere on the road, and no overall improvement over the area. In the same way, increasing familiarity with the treated area will often result in a reduction over time to the previous level of care (regression to the mean) and may result in faster speeds around the bend due to perceived increased safety (risk compensation).
A personal injury lawyer files legal complaints, offers legal advice, prepares legal documents and represents his client in court. A personal injury lawyer’s primary purpose is to see justice and compensation served to the injured party. Frequently, a personal injury lawyer will settle out of court on behalf of his client. However, if an agreement cannot be reached between the plaintiff and the defendant, the case must be settled in court.