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!
Try to find out who was responsible for causing the accident or injury. You should call the police and request that a report be made when you are involved in an accident that was someone else's fault. If the police do not do so, you should obtain the contact information for everyone involved and their insurance companies as well as the names and contact information of any witnesses. If you are not hurt and are able to safely take pictures of the cars and the road with your cell phone, do so.
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?
Sometimes accidents just happen and nobody was at fault. Sometimes accidents happen and nobody gets injured. However, when an accident happens and someone was injured, often somebody was negligent and was responsible. When the negligent actions of another were the cause of an injury, the accident victim may assert a personal injury claim and also, seek compensation for their medical bills, pain and suffering and lost wages, if they miss work.
Unlike most other types of personal injury claims, intentional torts are not based on accidents caused by negligence or carelessness, but rather when one person harms or injures another with intent. These cases almost always involve the added aspect of a criminal case against the perpetrator. For example, when one person physically attacks another, he or she will probably face criminal charges. Additionally, the victim can file a personal injury lawsuit in civil court and demand compensation for the injuries.
We understand the importance of being able to work well with others. This starts with our clients and continues with accident witnesses, law enforcement officers, health care providers, insurance company claims adjusters, their attorneys, and court personnel. Although we are necessarily in an adversarial business, we need to secure the trust and cooperation of others to obtain the best possible result for you.
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.
In the time immediately following an unexpected injury, victims understandably tend to focus primarily on medical care and healing, not necessarily considering the longer-term implications of what has occurred. It usually does not take long before lost wages, medical bills and other obligations begin to weigh heavily on the minds of those impacted, compounding their suffering.
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.
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.
Obtain the names, addresses and phone numbers of any people who saw the accident so that you will have witnesses to support your case. Be observant: take notes of or try to remember everything that is said and done by the other driver, witnesses, police, and even yourself. People injured in automobile accidents are sometimes not aware of their injuries due to the excitement and confusion of the moment as well as the fact that some injuries cannot be felt for hours or even days afterward, so do not be too quick or certain you are uninjured at the accident scene. Beware of any insurance company representatives sent to the scene of the collision in order to catch people off guard with incriminating questions and have them sign away their rights. Immediately after the collision, if you are injured or even suspect you may be, go to the nearest hospital emergency room or schedule an appointment with your own doctor as soon as possible.
A personal injury claim typically is first presented to the at-fault party’s insurance company in settlement negotiations. A case must be prepared for these negotiations as if it was going to trial. If the insurance company fails to provide a fair and reasonable settlement offer, a case may proceed to trial before a jury. However, even after a case goes to trial, it may still be resolved through a settlement.
During any free legal consultation with an attorney, you should be able to ask and get answers to straightforward questions without feeling like you’re getting the run-around. “You should be able to walk in to the attorney’s office and say, ‘This is the dollar amount my insurance company is offering me, do you think that’s fair?’ And get a clear, honest response that hopefully they can back up with previous experience.” says Davis.
The legal term ‘personal injury’ refers to damage suffered by individuals to their bodies or emotional well-being and excludes simple property damage. Personal injuries can result from either intentional or unintentional actions of another. Whether intentional or unintentional, accident victims may recover compensation for their injuries wrongfully caused by someone else.
When your loved one is in a nursing home, you hope that they receive the care and respect they deserve. As citizens become older, they also become more vulnerable and fragile. Unfortunately, it is not uncommon for nurses or physicians to take advantage of the vulnerability of senior citizens. If you suspect or witness nursing home abuse or neglect, our attorneys will assist you in fighting the nursing home facility so that your loved one gets the compensation and care they need.
Medical malpractice can be filed for a variety of reasons, from prescription errors to improper treatment. Medical malpractice claims can be filed against both individual practitioners and medical institutions, as in the case of hospital medical malpractice. Birth injury, in which the injured party is a newborn or unborn child, also warrants a medical malpractice suit and should be brought up with personal injury lawyers.
Jason and his associate, Michelle Newton, stuck with it for five years. They tracked individuals down, and with their persistence, they settled my case. I couldn’t be happier with the service I received from Jason Stone Injury Lawyers and have already told many of my friends in the Boston area! These people combine tenacity and passion… and that equals RESULTS! Thanks!
Even a 5 MPH collision could cause a variety of damage to the back, neck and spine. Regardless of how simple you think your case is, you should always engage the services of a personal injury attorney. You should never go through this minefield yourself. In most cases, there is no charge to you if the lawyer doesn’t recover any money, so there is no risk to you in engaging counsel as soon as possible.
Car Accidents: Southern California is filled with cars. Many people have a car, and most houses have multiple cars. Many drivers, and bystanders, often get hurt as a result of car accidents. Regardless of when, where, or how, the accident happened – we can help victims of auto accidents. Whether you were riding your bike, and were hit by a car – or whether you were a passenger in a car – we can help. Our goal is to help victims of auto accidents recover. We can help you get medical attention, in addition to helping with all other elements of your case.
For wrongful death cases in California, people qualify to claim damages if they are the following: (1) the deceased person's surviving spouse; (2) the deceased person's domestic partner; (3) the deceased person' s surviving children; or (3) if there is no surviving person in the deceased person's line of descent, then a wrongful death lawsuit may be brought by anyone "who would be entitled to the property of the decedent by intestate succession," which can include the deceased person's parents, or the deceased person's siblings, depending on who is living at the time of the deceased person's death. (California Code of Civil Procedure section 337.60). Otherwise a plaintiff will have to prove that financially dependency on the deceased person.