Once the summons is issued we forward that summons to a Private Process Server or the County Sheriff to serve the summons on the Defendant. The summons needs to be served on the defendant individually, or left with a relative over the age of 16 at their home. If the defendant is a corporation or business, we serve their registered agent that is on file with the secretary of state.
Often mediation works, but, if it doesn’t work, the case is scheduled for trial. A personal injury trial can last a day, a week, or even longer. The length may be increased because, in many states, trials are held for only half a day instead of over a full day. That doubles the length of a trial, but also lets the lawyers and judges get other things done in the afternoon.
Birth Injuries Birth injuries are particularly devastating for your family. A negligent mistake by an obstetrician or other medical professional can result in physical injuries to a newborn, and it can also lead to lasting conditions, such as cerebral palsy, paralysis, and brain damage. This can be traumatic to the children and the parents, as well as a major financial strain on the family.
Licensees: There are two types of licensees: invited and uninvited. An invited licensee is someone who is invited to come onto the property by the landowner as asocial guest, while an uninvited licensee is someone who is not invited to enter the land, but whose presence there is reasonable under the circumstances, such as a door-to-door salesman or mailman.
If your slip and fall happened at work or because of the negligence of a property owner, you have certain legal rights. An experienced New York personal injury lawyer at The Perecman Firm, P.L.L.C. can help you pursue a claim and understand your options. We encourage you to reach out to our office to find out more about the options available to you.
(4) You may have multiple causes of action against multiple parties. If there is more than one party at fault, insurance companies often point the finger at each other in an attempt to reduce or eliminate the amount of the claim. By pursuing a personal injury lawsuit, complex issues of liability and comparative negligence can be sorted out by the court.
That depends on you. The insurance company will likely offer you a low settlement quickly to try to pressure you to sign away your rights. Keep in mind that if you are coping with a serious injury, there is no way to know immediately what your future costs may be and how your life will be affected. Ideally, you should wait until your doctor decides you have reached maximum medical improvement so you can more accurately assess your situation.
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In slip and fall cases, the property owner (or his or her insurance carrier) may argue that the plaintiff is partially (or totally) responsible for the accident that led to the injuries. This kind of argument is made under a legal concept known as "comparative fault," and states have codified the concept in "comparative negligence" and "contributory negligence" laws. The rules in place in a given state will affect a plaintiff's ability to recover compensation if they're found to share some blame for the accident.
Most people have never been involved in a lawsuit. As such, many accident victims and their families are anxious about pursuing a personal injury claim. It is true that a lawsuit could result in a trial before a jury, but most don’t, and the process should not be a stressful one. The steps below will help you understand the various stages of a personal injury lawsuit, from the initial consultation with an attorney through the resolution of your case.
Once negligence has been established in a personal injury case, the defendant must pay the plaintiff for all injuries caused by the defendant's actions. Certain types of damages are easy to calculate, such as property damage and medical bills. For other types, such as emotional distress and loss of earning capacity, expert testimony may be required. Punitive damages, meant to punish and deter particularly egregious conduct, may also be available.
Attorneys in this specialty usually represent clients on a contingency basis. Their fees represent a percentage of the plaintiff's eventual compensation when the case is resolved, typically from 30 to 40 percent. This arrangement means that the plaintiff doesn't pay a fee unless and until the lawyer recovers money on her behalf. These lawyers are typically only compensated if they win.
For personal injury cases, The Sawaya Law Firm does not charge clients upfront to get started working on their claims. We will handle your claim on a contingency fee basis, meaning our legal fees will come as a percentage of the compensation you receive at the conclusion of your case. If we do not win compensation for you, we do not charge any fees.
Defective products are products that cause injury due to an error in labeling, a defect in design, or an issue with the manufacturing process. This legal label covers any number of product-related injuries, including injuries from kitchen appliances, misleading health claims on food labels, and car defect injury claims (as in the case of Firestone tires). Those injured by usage of a consumer product should file a defective product injury lawsuit with local personal injury lawyers or check to see if a defective products class action lawsuit is already in place.
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?
Your insurance company won’t provide you with a lawyer or give legal advice regarding your personal injury but they may cover parts of the medical bill if you have been injured. The two of you have very different goals. An insurance company's goal in an accident is to pay out as little as possible if you’re involved in a personal injury, and your goal is to get as much of your injury and damage costs covered. If you have a case which is specific to insurance, consider hiring an insurance lawyer instead.
A personal injury settlement occurs when your attorney and opposing counsel come to agreement on the damages you’ll get to cover medical bills, lost wages, and other expenses. Your actual settlement amount will vary depending on a host of circumstances, including your level of injury, the type of accident, your employment situation, and what sort of bills you’ve incurred as a result of someone else’s negligence. Your attorney will fight for you at no upfront cost with no hourly fees, but will take a reasonable fee from your final recovery.
Thus, an easy way to think about landowner liability for slip and fall accidents is to split it into two tracks: liability for people who were invited onto the property and liability for people who were not invited onto the property. Landowners owe people who were invited onto the property (invitees and invited licensees) the duty to prevent slips and falls. For people who were not invited onto the property (uninvited licensees and trespassers), landowners owe no such duty.
At Leontire & Associates, P.C., our trial skills were honed in the courtroom litigating a string of high-profile, complex and sophisticated cases. We apply those skills for the benefit of clients across the range of civil litigation, including some of the most complex and complicated matters. Call our office for help in any of the following civil matters in the Boston area:
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.
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).
Criminal prosecution: More severe driving misconduct, including impaired driving, may result in criminal charges against the driver. In the event of a fatality, a charge of vehicular homicide is occasionally prosecuted, especially in cases involving alcohol. Convictions for alcohol offenses may result in the revocation or long term suspension of the driver's license, and sometimes jail time, mandatory drug or alcohol rehabilitation, or both.
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.
At Gruber Law Offices LLC, our lawyers have been awarded membership in the Million Dollar Advocates Forum, named among Wisconsin Super Lawyers®, and listed among the National Trial Lawyers Top 40 Under 40 and Top 100 Trial Lawyers in the U.S. We are committed to protecting the rights of our injured clients and pursuing the compensation they need and deserve.
The compensation provided by an award of damages for wrongful death can help ease the financial burdens associated with the loss of a loved one. Compensation awarded is designed to cover the lost income, leftover bills, and funeral expenses survivors face because of the death of their family member. It is also designed to help compensate for less specifically quantifiable aspects of a wrongful death, such as the sudden and unnecessary loss of someone’s spouse or parent. For example, laws will generally refer to this as something like “lost parental companionship, instruction, and guidance” for children who survive their parents.
Adjudication Administration of justice Criminal justice Court-martial Dispute resolution Fiqh Lawsuit/Litigation Legal opinion Legal remedy Judge Justice of the peace Magistrate Judgment Judicial review Jurisdiction Jury Justice Practice of law Attorney Barrister Counsel Lawyer Legal representation Prosecutor Solicitor Question of fact Question of law Trial Trial advocacy Trier of fact Verdict
Many of these hazards are problems that you should be warned about when visiting a public place or private home. If a property owner fails to correct hazards, doesn’t maintain a property properly, or fails to warn you of dangers on the property, the owner or renter who was responsible could become liable for any injuries you sustain because of those hazards.
In insurance, "personal injury," as typically defined, does not include mental injury that occurs as a result of defamation, false arrest or imprisonment, or malicious prosecution. For example, the Insurance Services Office standard general liability form has a section providing this coverage. Some home insurance policies include personal injury coverage.
Punitive damages are awarded to the injured plaintiff, but the real goal of these kinds of damages is to punish the defendant for its conduct -- to "hit them in the pocketbook," so to speak -- and to act as a deterrent. Since it isn't unusual for punitive damage awards to top tens of millions of dollars, most states have set some type of cap on punitive damage awards in personal injury cases.
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.
The insurance company will enter a settlement agreement only if it’s the company’s best interests to do so. However, on the whole, the insurance company knows that settling a claim is in its best interests. Litigation is expensive, and the insurance company knows it is more efficient and less expensive to pay fair compensation to you for your loss rather than pay attorney fees to lawyers to fight against you, especially when the outcome of a trial would be unpredictable.
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.
When you call Briskman Briskman & Greenberg for a free consultation, you will speak directly to an experienced attorney in Chicago, usually one of the firm’s principals, who will assess the facts of your situation and advise you of your rights. Don’t delay getting your free legal consultation: if you fail to pursue your claim in a timely fashion, you could forever lose your rights.
Although some jurisdictions have historically helped people obtain affordable legal representation, those systems have typically been narrowed and may exclude personal injury cases. For example, in England legal aid from the government was largely abolished in the late 1990s and replaced with arrangements whereby the client would be charged no fee if her or his case was unsuccessful.
You should seek prompt medical treatment if you have suffered serious injuries on another’s property. If your injury does not require urgent medical treatment, you should still seek a prompt medical evaluation within 72 hours after an accident on another person’s property. You should explain to the doctor how your injuries occurred. The doctor’s report provides an independent evaluation of your injuries. Insurance adjusters will rely upon the medical report in evaluating your claim.
If insurance applies, and the defendant must notify the insurance company as soon as he or she knows about the lawsuit (which is a strict requirement in insurance policies). The insurance company will then supply and pay for its own lawyer if the defendant has not already hired one. Defense attorneys work for an hourly rate, not a contingency fee, so if the defendant can afford to pay out-of-pocket, a “losing” case headed for early settlement is not a deterrent to taking the case on.
Slip and Fall Accidents: Trip or slip and fall accidents can cause serious injuries, including fractures, concussions, traumatic brain injuries, hip injuries, and elbow injuries. If you have been hurt because you slipped on a slick floor where there was no warning sign, or tripped on an object in your walking path, contact a slip and fall accident lawyer with The Sawaya Law Firm.
It is essential that you also meet with the right physicians to get the most out of your claim. Your personal injury attorney, who will be knowledgeable about personal injury laws in your state, can help get you to the right medical experts that can treat you and also serve as good witnesses in your case, should the case go to trial. You want to have medical professionals around you that can not only heal you, but also testify in court, and explain how the injury will impact you in the future.