We handle many different types of personal injury cases. A personal injury is the physical or mental harm suffered by one person that is caused by the careless or wrongful actions of another. Examples of personal injury cases include: car accidents, as in the case of one driver failing to pay attention and hitting another car; falls on sidewalks or steps that are slippery, broken, cracked or raised due to a person failing to maintain, clear or repair them; dog bites where an owner is strictly liable for the natural tendencies of their pet; and, actions that wrongfully bring about or causes the death of another person. Some of the most common personal injury cases we handle will be discussed in this article. However, this list is not exhaustive. So, call us if you have been injured because we may be in a position to offer help or put you in contact with someone that can.
Trucking accidents can be devastating to families. Whether it’s a massive tractor-trailer or an 18-wheeler, any trucking accident is likely to cause serious injuries, even tragic death. Trucks are among the largest vehicles on the road, so it’s not uncommon that these accidents often result in the complete destruction of smaller vehicles. Consequently, trucking accidents will naturally have greater incidences of serious injuries or the death of people involved in this type of accident. If you have suffered personal injury, or the injury or death of someone you love, you should speak to an attorney to properly investigate and prosecute your claim. We understand that there are many contributing factors to consider in trucking accidents, such as violated government safety codes, hazardous materials, driver hours of operation, and vehicle disrepair. When careless, intoxicated, or fatigued truckers hurt people, we get tough on behalf of the victims. If punitive damages are warranted over and above the cash settlement value, we will fight to get them paid in full. Our firm is committed to getting you the complete compensation you deserve.
What Does It Mean When Someone Files A Wrongful Death Case?
The death of a parent, spouse, child, domestic partner, or other loved one due to the negligence of others can emotionally and financially shatter surviving family members. Of course, there is no amount of compensation that can right this wrong. However, the law does provide a way for families to find some financial relief in order to help lessen the burden from the loss of a loved one. When someone dies due to the fault of another person or entity (like a car manufacturer), the survivors may be able to bring a “wrongful death” lawsuit. Through a wrongful death lawsuit, our attorneys can aggressively fight for justice, making sure that the person, insurance company, or whoever is responsible pays you and your family the maximum compensation you deserve. This type of lawsuit allows certain survivors to seek compensation for their losses, which includes lost wages from the deceased, lost companionship, and funeral expenses.
What Are Some Things An Attorney Would Look For In A Premises Liability Case?
Premises liability deals with the breach of duty that is owed by an owner or occupier of property to protect invitees from dangerous conditions and defects on the property. The owner/occupier has a duty to exercise reasonable care in the management of the premises to ensure persons are protected from an unreasonable risk of harm. Premises liability laws make the person who is in possession of land or premises liable for injuries suffered by persons who visit the premises. No matter the type of property or injury involved, property owners are liable for all injuries incurred due to hazards associated with their property, whether a home or business. For instance, if a property owner fails to repair a broken step on their property and a visitor falls down those stairs and suffers injury, the property owner can be held liable for the person’s medical expenses and more.
One of the most important considerations for an attorney in looking at a premises liability case is liability. Suppose that you were hurt. The question that we ask would be, “is someone liable or responsible for your injury?” Many people assume if they get hurt while on another person’s property due to no fault of their own, then that automatically means that someone is liable for the injury. However, this is not necessarily the case. Under the law, we owe some duties or responsibilities to other people. It is when we fail to live up to that duty or responsibility that we breach those obligations and it is that breach that can lead to someone getting injured, so that liability for an injury becomes an issue.In determining who is liable an experienced attorney would look for the following items in a premises liability case:
- Witnesses – A lawyer will want to know if there were any witnesses to the incident and if so what they remember.
- Incident Report – If the accident occurs on a commercial property, especially a retail store, then there will most likely be an incident report that outlines the accident in detail. Your lawyer will want to read what the company documented from their point of view.
- Weather Records – If the accident was weather-related, then your lawyer will want to search weather records from the government, which are highly accurate sources.
- Police Report – If the accident was serious enough to involve an ambulance and immediate medical attention your lawyer will also want a copy of those records.
- Medical Records – Whether you saw your own medical doctor or took a trip to the emergency room, your lawyer will request a copy of your medical records for review so they can better understand your injuries.
In general, a liability investigation is carried out as quietly as possible. After your lawyer has all the information they need and it looks as if you have a premises liability case, they will put together what is called a “Good Faith Claim.” A Good Faith Claim is another way of saying that given the circumstances there was a breach of duty and that breach means they are liable for the accident (they failed to live up to their responsibility).
For more information on Personal Injury, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (714) 697-8600 today.