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.
"Slip and fall" is a term used for a personal injury case in which a person slips or trips and is injured on someone else's property. These cases usually fall under the broader category of cases known as "premises liability" claims. Slip and fall accidents usually occur on property (or "premises") owned or maintained by someone else, and the property owner may be held legally responsible.
In a state like Texas, you have a number of Austin personal injury lawyers to choose from – that’s why you need an attorney who stands out from the crowd. Zinda Law Group is accredited by the Better Business Bureau®, and our founding attorney, Jack Zinda, is a member of the Multi-Million Dollar Advocates Forum® – a distinction held by only the top 1% of attorneys across the nation.
Emotional Distress This type of compensation is related to an injured person’s mental and emotional state following an accident. After all, severe injury isn’t exclusive to a person’s exterior. Depending on the nature of the accident, a personal injury victim could suffer anything from anxiety and depression to severe mental trauma, such as post-traumatic stress disorder. Acquiring damages from emotional distress typically requires you to have comprehensive and accurate records from your therapist, psychologist, or psychiatrist, as well as a diagnosis of a specific psychiatric condition.
In smaller injury cases, especially when the lawyers know each other, one lawyer will just pick up the phone and talk settlement. The plaintiff’s lawyer may or may not write an actual demand letter. Then, the defense attorney may or may not respond with a counteroffer. If the defense thinks that the demand was too high, he/she may simply ignore the demand or may say that the demand is too high and that the insurer will not make a counteroffer. If the defense does make a counteroffer, then the bargaining begins. Sometimes the lawyers can settle it, sometimes not. If they can’t settle, they will likely go to mediation.
While a parallel between the classic rock ballad by Guns N' Roses, "Sweet Child O' Mine," and a motorcycle accident might not be immediately apparent, one does exist if you look for it. Just as leader singer Axl Rose belts out the rhetorical question, "Where do we go now?" many injured motorcyclists in Michigan have similar sentiments following a crash.
I was rear-ended and didn't realize I was as hurt as I was, until a day after. I had a friend refer me to George Salinas…, so I drove to his office and met with him and his staff. We signed a couple papers and they literally handled everything from that moment forward. They handled everything and I was just told where to go and they worked around my schedule. He set me up with a great network of doctors, chiropractors, and Pain Management specialist. We didn't have to go to trial and he took a very low percentage, compared to other lawyers, of what the insurance company paid me for medical Bill's and damages. It was the easiest process I've ever been through and I recieved way more money than I expected. It saved me financially! Don't buy into the catch phrase lawyers.... If you want somebody to handle this in a professional way, take care of everything so you can stay focused on your life, and get you the most money, call George Salinas!more »
The Stark & Stark accident attorneys will fight to recover all the benefits you deserve. As a result of our experience in representing clients in motor vehicle accident matters, and through careful assessment and preparation, our experienced accident lawyers help victims and their families obtain cash settlements for lost wages, medical expenses, and pain and suffering. Sometimes these positive outcomes are achieved only by going to trial. However, in most cases our accident attorneys are able to obtain favorable settlements outside of the courtroom, making the experience less stressful for our clients.
In the early 1970s, British Leyland started an intensive programme of vehicle safety research, producing a number of prototype experimental safety vehicles demonstrating various innovations for occupant and pedestrian protection such as air bags, anti-lock brakes, impact-absorbing side-panels, front and rear head restraints, run-flat tires, smooth and deformable front-ends, impact-absorbing bumpers, and retractable headlamps. Design has also been influenced by government legislation, such as the Euro NCAP impact test.
* I agree that by submitting this form, I am not forming an attorney client relationship. I acknowledge that I may only retain a lawyer by entering into a specific fee arrangement. I understand that I am not entering into a fee arrangement by submitting this form. I further agree that the information I will receive in response to this form is general information and I will not be charged for the response. I further understand that the law for each state may vary. Since this matter may require advice regarding states other than Virginia, I agree that local counsel may be contacted for referral of this matter.
The first thing that you should do after getting injured in an accident is to get medical treatment. If you are hurt, go to the hospital or see a doctor. Not only is this the right thing to do for your health, but, if you don’t see a doctor for some time after an accident, the insurance adjuster and the jury will assume that you weren’t all that hurt.
Your attorney will research your case at this stage to fully understand how you were injured and the extent of your injuries, damages, and costs. He or she will then contact and deal with the insurance company directly and possibly with the attorney representing the party who injured you. Your attorney will keep you aware of any negotiations and significant developments throughout the lawsuit process. Your focus should be on getting the medical attention you need and returning to your normal routine.
In some cases, involving a defect in the design or manufacture of motor vehicles, such as where defective design results in SUV rollovers or sudden unintended acceleration, accidents caused by defective tires, or where injuries are caused or worsened as a result of defective airbags, it is possible that the manufacturer will face a class action lawsuit.
If you're considering filing a personal injury lawsuit over a car accident, slip and fall, or any other kind of injury, you may be wondering "What is my case really worth?" The answer comes down to "damages" -- figuring out what your injuries have cost you monetarily, physically, and mentally (and, in some cases, whether the defendant's conduct should be punished).
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.
Generally, the property owner will be the one liable for the injury or wrongful death suffered, if the property owner could have reasonably provided security but failed to do so. In other words, you wouldn’t file a negligent security lawsuit against the perpetrator of a shooting, rape, or assault, but instead you’d sue the landlord or property owner.
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.
While past results don’t guarantee future outcomes, what these verdicts show is that we will fight for you to potentially get the compensation you need to cover your bills and keep you from financial ruin. If you or a loved one were injured, you shouldn’t have to worry about keeping a roof over your head while you recover and get your life back on track.
Fraudulent automobile accidents occur more frequently in urban areas where there is a greater volume of vehicles, and also in wealthier communities because drivers there are perceived to have better insurance companies. Criminals often target new, rental, or commercial vehicles because they tend to be well-insured. Further, criminals prey upon women driving alone and senior citizens, as they are thought to be less confrontational at accident schemes.
The victim merges his vehicle into traffic, after having been motioned by the seemingly helpful criminal. As the innocent driver begins to merge, the criminal speeds up and causes a collision. When questioned, the criminal denies motioning the victim to merge. Another variation on this scheme involves motioning an innocent motorist to complete a left turn into a strip mall or other parking structure. The criminal quickly drives up and causes a collision, but the innocent motorist will be held at fault because the driver making a left turn must yield to oncoming traffic.
We’re dedicated to fighting for you. We know how to investigate and establish liability or responsibility for a wide variety of crashes and collisions. If you were injured by someone else’s negligence, you might be legally entitled to significant financial compensation. To learn more about how we can help you handle the aftermath of an auto accident, call us today at (210) 999-9999.
Owing to the global and massive scale of the issue, with predictions that by 2020 road traffic deaths and injuries will exceed HIV/AIDS as a burden of death and disability, the United Nations and its subsidiary bodies have passed resolutions and held conferences on the issue. The first United Nations General Assembly resolution and debate was in 2003 The World Day of Remembrance for Road Traffic Victims was declared in 2005. In 2009 the first high level ministerial conference on road safety was held in Moscow.
With over 40,000 Americans dying in car crashes each year, it is no surprise that automobile accidents are a prolific source of personal injury cases. To be fair, there are many common causes of car accidents: rubbernecking, cell phone use, driver fatigue, distracting passengers, and changing the radio station all rate near the top. If you have been injured in an accident or injured someone else in a collision, you should realize the importance of proving fault in auto accidents. Choosing the right lawyer for your auto accident case can help tremendously, especially if "fault" in your situation is unclear or in debate.
Research suggests that the driver's attention is affected by distracting sounds such as conversations and operating a mobile phone while driving. Many jurisdictions now restrict or outlaw the use of some types of phone within the car. Recent research conducted by British scientists suggests that music can also have an effect; classical music is considered to be calming, yet too much could relax the driver to a condition of distraction. On the other hand, hard rock may encourage the driver to step on the acceleration pedal, thus creating a potentially dangerous situation on the road.
Unlike other areas of the law that find their rules in statutes (such as penal codes in criminal cases), the development of personal injury law has taken place mostly through court decisions, and in treatises written by legal scholars. Many states have taken steps to summarize the development of personal injury law in written statutes, but for practical purposes court decisions remain the main source of the law in any legal case arising from an accident or injury.
Slip and falls are responsible for around 1 million emergency room visits every year. These types of injuries are also the leading cause of workers’ comp claims and the top cause of occupational injuries among those aged 15 to 24. Slip and falls can cause very serious injuries resulting in significant costs, with the estimated price tag for employee slip and fall accidents totaling around $70 million each year.
In the United States, each state has different statutes of limitation, and within a state different types of injuries may have different statutes of limitation. Rape claims, for example, often have a much longer statute of limitation than other injuries. In some states such as Colorado, the statute of limitations starts to run once the injury is discovered. For example, if you were in a car accident and then 6 months later started having severe back problems, the statute would start when you noticed the injury.
Deposition testimony is crucial in a negligence case. By securing this evidence early in the litigation, both the plaintiff and the defendant gain an understanding of the circumstances that led to the accident and the degree of fault that can be attributed the defendant. Taking into account the severity of the injury, both sides can then determine what they believe the case is worth, and settlement negotiations will ensue.
Reflex Sympathetic Dystrophy (RSD): RSD, also known as Complex Regional Pain Syndrome (CRPS), is a complex progressive disorder that causes extreme, debilitating pain, affecting the central nervous system. It can result from injuries sustained in auto-accidents, and if caught and treated in the early stages, it may be possible to reverse the condition. If you were in an accident from which you received a diagnosis of RSD, it is important to consult with an experienced personal injury as soon as possible.
Pedestrian Accidents: Pedestrians are often hit by cars when walking on the street or crossing the street. Often, victims of pedestrians suffer immense injuries to fast/heavy cars. Many pedestrians often assume it was their fault the got hurt – and don’t look into hiring a personal injury law firm. We recommend you speak to us, so we can conduct a full 360 investigation into the accident – and how it happened.
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).
At the Phillips Law Group, we understand that a car accident can be an overwhelming experience. For this reason, we handle every aspect of the claims process, allowing you to focus on recovering from your injuries. As experienced Phoenix auto accident lawyers, we have handled thousands of car accident claims and have negotiated settlements and recovered trial verdicts that have resulted in millions in compensation for victims and their families. We are one of the largest consumer law firms in Arizona and are committed to aggressively defending the rights of our clients. Contact us for a free, no obligation consultation to discuss the terms of your claim. All of our Phoenix personal injury attorneys charge no fees unless we help you recover compensation for your case.
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To defend against personal injury liability, defendants tend to rely on a few common defense theories. In negligence cases, the defendant may argue that the plaintiff did not use due care, and is partially or wholly responsible for his or her own injury. The defendant may also claim that the plaintiff "assumed the risk" by voluntarily participating in a dangerous sport or activity, or that the plaintiff impliedly gave the defendant permission to take the action that ended up harming the plaintiff.
The first thing that the lawyer will do is thoroughly interview you about how the accident happened, your background, and your medical condition and medical treatment. The lawyer wants to know everything that you know about the accident and your injury and treatment. Lawyers don’t want to be surprised, so make sure to answer all questions as completely as you can.
Discovery will be conducted over the course of the next several months. During discovery, each party has an opportunity to submit written questions and request documents for review. Depositions of the parties, witnesses, and experts will also be conducted. During the deposition, the parties’ lawyers will ask questions of a party or witness, while under oath, prior to the actual trial. The deposition serves several purposes, including: (1) to find out what a party or witness will say at trial; (2) to obtain information that was not obtained in the written interrogatories; (3) to assess how the party or witness may be perceived by the jury; and (4) to preserve the record for testimony given at trial.
If you believe you’re entitled to compensation from the other party for your injuries, your attorney will usually send a demand letter, either to the other person (or their attorney) or to the other person’s insurance company. The letter will give the relevant facts about the accident such as the time and place and cause of the injury, describe your injury, and ask for a specified amount in settlement of the case. A demand letter usually gives the other parties a specified time to respond.
If you’re injured on the job, it’s essential to the results of your recovery that you hire a work injury attorney in Texas. We’ll provide you with answers to those pressing questions, and we’ll follow the letter of the law to ensure that you’re represented in a way that gets positive results. A work injury attorney knows that the complex paperwork and legal process can cause many people to see a delay in getting the financial compensation they deserve, and we work to prevent this from happening so that you can get better and get back to your health.
I know that my office will do a great job for you. I'm so sure of it that I'll make you a no-risk guarantee. If you decide after meeting me and my co-workers that you want us to handle your personal injury case and are later dissatisfied, you can walk away from your contract with me in the first 60 days and owe me nothing except any costs that I'm out of pocket. That seems only fair. If you don't think my office is doing a top-notch job, I want to make it easy to walk away. I do this because I'm confident you'll see we are a good match. You deserve a personal injury attorney that you trust and feel confident in.
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.