I recently spoke to a friend, who is a personal trainer, about diet and exercise. Her advice, while well-intentioned, was wildly off-base from a scientific standpoint. This got me to wondering, what if I had taken her advice to heart and suffered a loss? Would the consequences of choices I made about diet and exercise be mine alone or would she have some liability for her inaccurate assertions?
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.

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.


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.
You can discuss fee arrangements with the attorney during your case evaluation. In many personal injury cases, attorney's fees are paid only when and if the case is won at trial or settled out of court. If the case is on a contingent fee basis and isn't won or settled, the attorney won't get paid, though you may still be responsible for certain court costs and fees and may be liable for the opposing party's attorney's fees and costs.
Indiana law specifies that you normally have two years to pursue a personal injury claim. Since there is a statute of limitations, you need to act quickly. You should contact an attorney as soon as possible after you are injured to discuss your case even if you think you might not actually file a lawsuit. Some people who worried that the statute of limitations on their injury has expired can also benefit from talking to a personal injury attorney. For example, could you still file a lawsuit if it took you longer than two years to notice that you had been injured? Some back injuries and internal damage can take a long time to diagnose, and you might still be able to pursue your case.
Additional damages for mental injury without a physical injury are less clearly covered, as the insurance policy typically states that it covers only bodily injury. For example, in general liability as of 2001 a minority of courts included emotional distress within the definition bodily injury.[17][18] Where a mental injury arises from a physical injury—as with a traumatic brain injury caused by a car accident—auto insurance policies normally cover the injury.
Regardless of the circumstance, suffering injuries is frustrating, frightening, and often life-changing. When the accident was caused by the negligence or wrongdoing of another person, the situation can become even more complex. In just a moment, your life can go from normal to tragic.  At Whitley Law Firm, we take pride in representing the wrongfully injured in Raleigh and all throughout North Carolina and understand your need for compassionate and responsive legal guidance. You can trust us to provide the service you deserve.
When going through a complex legal matter, you want answers. At Whitley Law Firm, we have taken it upon ourselves to give you the resources you need to compile video evidence, talk to witnesses, have an independent medical examination, and whatever else needs to be done to file as strong a claim as possible. If you sustained your injury a while ago and have recently decided to file a claim, speak with one of our attorneys about the statute of limitations as they relate to your specific case. Our website offers a frequently asked questions page to provide answers to visitors before they have even asked!
Deciding when to accept or reject a settlement offer is rarely an easy decision. Our Richmond personal injury lawyers will always advise you of the pros and cons of trying your case versus settling it before trial, in addition to discussing the possibility of other forms of resolving claims, such as mediation and arbitration. We will do our best to help you decide whether a settlement offer is a fair one, but the decision is ultimately yours.
With a law office conveniently located in Midtown-Manhattan, directly across from Penn Station, we are highly accessible to individuals and families throughout New York. Our personal injury law firm serves victims throughout the Bronx, Brooklyn, Manhattan, Queens, and Staten Island, as well as  Nassau County, Rockland County, Suffolk County, Westchester, and Long Island.
Nebraska is a “comparative negligence” state. Essentially, that means that even if you were partially at fault for the accident, you are still able to bring an injury claim against the other party so long as your negligence was less than 50 percent. In those instances, your damages are then reduced by the percentage of negligence applicable to you. Other states may have a different type of comparative negligence statute. It is important that you consult with an experienced personal injury attorney concerning the application of Nebraska’s comparative negligence statute to your claim.
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At the end of the day, keep in mind that the decision to hire an attorney is similar to other major life decisions or investments. You ultimately want to feel as confident as possible that it’s a good fit and that the end goal is worth your money. “Hiring an attorney is sort of like choosing a doctor or financial adviser,” Davis says. “It’s really not something you want to do impulsively. You want to be able to consider your options and feel assured that it’s the right decision.”
Seattle attorney Chris Davis at Davis Law Group meets with accident victims who are dealing with these same questions every day. And while some studies have shown that injured people who hire a lawyer typically receive higher settlements on average than those who don’t, that doesn’t mean you should march into the nearest law office and sign up with whoever offers you representation first.

©2018 Glen Lerner Injury Attorneys. ATTORNEY ADVERTISING. Past results do not guarantee future outcome. You may have to pay opposing parties legal fees in the event of a loss. Being a client of one firm does NOT create any attorney client relationship with the other. Glen Lerner Injury Attorneys only handles contingency cases, including, but not limited to, car, truck and motorcycle wrecks, and other personal injury cases, such as workers compensation, product liability, slip/trip and falls, wrongful death, medical malpractice, dangerous drugs, and defective products.
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.

Whether or not damages can be recovered: There must be physical, emotional, or financial damage that can be remedied by money compensation, or some kind of serious impact on your life because of the injury. This could be for medical bills from treating physical injuries, emotional suffering, loss of financial income due to injuries, or living with a permanent limitation due to the injury. 
Informal Settlement - In reality, most disputes over fault for an accident or injury are resolved through informal early settlement, usually among those personally involved in the dispute, their insurers, and attorneys representing both sides. A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money.
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These numbers become all even more devastating when we consider how many injuries and deaths could have been avoided. How many infants would still be alive if all potentially dangerous products were properly labeled with age restrictions? How many car crashes would not have happened if drivers always paid attention to the road? Legally, when someone’s negligence directly causes an injury, the hurt party can seek financial compensation. You should not have to become a tragic statistic because of someone else’s careless behavior.
In addition to proving that someone breached a legal duty owed to you, you must also prove that there is a direct connection between the accident and the injuries that you sustained. In other words, Virginia law requires that you prove that the accident was the “proximate cause” of your injuries. The damages for which the law allows compensation include past and future medical expenses, past and future loss of earnings, other economic losses, permanent disability, psychological injuries, discomfort, pain, and suffering, and damages for the inability to perform one’s usual activities.
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.
When a person is injured, tort law will govern whether that person may be compensated for the injury, the amount of compensation that may be recovered, as well as which parties will be liable for the injury. Tort law, also known as injury law, comes from federal and state codes, as well as judicial opinions from prior cases. The amount of damages a plaintiff to a personal injury action may receive can be determined by statute, or by a judge or jury. Typical recoveries may include compensatory damages (e.g., lost wages, medical bills, etc.) and in particularly egregious situations, punitive damages. In some cases, a plaintiff may recover certain non-economic damages such as pain and suffering, loss of consortium, or loss of enjoyment of life.
At Ankin Law Office, our experienced Chicago personal injury lawyers understand the complexities involved with personal injury cases, as well as the importance of presenting adequate supporting evidence. We will work with you to compile the necessary documentation and we will consult with medical experts, as necessary, so that we can effectively pursue your personal injury claim. Our Chicago personal injury lawyers are dedicated to getting clients the most favorable recovery possible, whether filing a personal injury lawsuit, submitting a claim for worker’s compensation or requesting social security disability.
Whether or not damages can be recovered: There must be physical, emotional, or financial damage that can be remedied by money compensation, or some kind of serious impact on your life because of the injury. This could be for medical bills from treating physical injuries, emotional suffering, loss of financial income due to injuries, or living with a permanent limitation due to the injury. 
Never leave the scene of an accident. You will need to cooperate by providing truthful information to the police or sometimes to your employer if the accident happened while you were on the job. If you may be at fault for causing an accident and you have insurance, you should report the accident to your own agent or insurance company, and they will usually be able to take care of investigating the accident, settling any claims based on the available coverage, or hiring a lawyer to defend you, if necessary.

Nebraska is a “comparative negligence” state. Essentially, that means that even if you were partially at fault for the accident, you are still able to bring an injury claim against the other party so long as your negligence was less than 50 percent. In those instances, your damages are then reduced by the percentage of negligence applicable to you. Other states may have a different type of comparative negligence statute. It is important that you consult with an experienced personal injury attorney concerning the application of Nebraska’s comparative negligence statute to your claim.
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The client and lawyer also usually agree at the beginning of the claim that the lawyer will pay all the litigation related costs of the case until money is collected for the client. At that time, the reimbursement of those litigation costs, in addition to the contingency fee, comes out of the money collected for the client. These litigation costs may include filing fees at the court house, costs for investigators, expert witnesses and the cost of obtaining medical records. These costs are separate and different than attorneys’ fees. Fees are to pay the lawyer for his/her time, skill and effort. Costs cover expenses the attorney had to pay up front to advance a personal injury claim to a settlement or trial.

I was involved in a snow tubing accident. I was told that I had a very difficult case to prove—that is, until I spoke with Jason Stone. He is a compassionate and aggressive attorney who delivers what is deserved. His staff is excellent at returning phone calls and emails, and being there sometimes just to listen. They walked me through the process each step of the way.
Not every injury accident victim will experience life-changing injuries and losses. However, there are an unacceptable number of individuals each year who are faced with ongoing disability, physical agony and massive financial losses due to the negligent acts or omissions of others. An experienced personal injury attorney can analyze the underlying facts in such cases, gather essential evidence and expert opinions and fight for the best possible outcome, including full and fair monetary compensation.

Disclaimer: The information contained in this website is not legal advice and much of the content has been added and edited by users.  The facts of each case are unique.  To obtain legal advice about a specific personal injury matter (or a medical malpractice, product liability, or related matter), please speak with an experienced personal injury lawyer such as the attorneys listed in this website.  Your use of this website is subject to the Terms and Conditions of Use This website is not intended for viewing or usage by European Union citizens.
We know you’re hurting after your accident. We know you would rather go back in time and have the accident never happen. Since we can’t do that, our personal injury attorneys can only work to get you compensated for everything you are experiencing. We know what it takes to make sure your injuries are properly documented and that there is evidence of what you are going through. Whether we’re helping you arrange medical care, standing up to the insurance companies, or even taking your case to trial, you can count on us to allow you to focus on getting better, while we focus on getting you paid.
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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.
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).
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