A lawsuit is a civil legal action where one party sues another for money or property. The person suing is typically called the plaintiff. The defendant is the person sued. Personal injury lawyers handle several types of negligence cases that involve car accidents, truck accidents, aviation accidents, medical malpractice, legal malpractice, child daycare negligence, wrongful death cases, and other types of negligence cases.
Negligence occurs when someone fails to use reasonable care to avoid causing injury or loss to another person. In other words, negligence occurs when one person carelessly injures another person. For example, in a Florida motor vehicle accident or trucking accident, negligence occurs when one person carelessly operates a motor vehicle and causes damage or injury to another.
In a Florida premises liability case, negligence occurs when a premises owner carelessly maintains his or her premises, such that the premises cause injury to another i. In medical malpractice or medical negligence cases, negligence occurs when a medical professional fails to provide the standard of medical care that a reasonably prudent medical professional would have provided under similar circumstances.
Finally, a products liability case arises when a manufacturer places a defective product into the stream of commerce that causes harm to consumers. In these situations, a personal injury lawyer is retained to negotiate the potential case and file a lawsuit against the defendant.
Alternatively, an intentional tort occurs where a person intentionally causes injury to another. All of these can be lost to time if you do not act quickly to secure and preserve the evidence. An experienced personal injury lawyer will begin investigating and building your case immediately.
Both insurance and personal injury claims are required to be filed within the strict deadlines. An attorney who knows the law and the court system can help you deal with any difficulties that may arise. Insurance companies try to come up with any reason not to pay out, but a personal injury lawyer who understands the business and how to handle insurance companies can negotiate effectively to get you the compensation to which you are entitled. Under Texas premises liability law, property owners have a duty to protect the safety of those on their premises.
Owners have to ensure that those who enter their business, home, or land are safe and do not get hurt due to hazards or dangerous conditions. The level of liability for injuries may vary based on whether the individual is a business guest, social guest, or even a trespasser. If you have suffered an injury due to negligence on the property of another individual, a personal injury lawyer with experience in premises liability can help you hold the property owner accountable for your injury.
Consumer protection laws are in place to protect the public by ensuring that businesses market products that are safe. However, despite government standards and regulations, defective products can still find their way to consumers. If you have been injured due to a defective product , you have legal options. Companies that design, manufacture, or sell dangerous products can be held liable if the products cause harm.
A personal injury lawyer with experience in dealing with product liability cases can bring negligent manufacturers to justice and seek full and fair compensation on your behalf. In most personal injury cases, discovery will consist of depositions , requests for documents, and interrogatories , and the process can take months to complete.
After discovery, the trial is set. Your attorney may file a variety of pre-trial motions to try to keep the defendant from using a piece of evidence during trial, for example. It's very rare for a personal injury lawsuit to reach the trial phase. Settlement is possible at any point during this process, including right up to or even during trial. Your personal injury lawyer will take care of all aspects of the litigation phase and will keep you updated on your case's progress.
Your attorney probably can't respond immediately to your telephone calls or emails. Lawyers are ethically bound to respond to clients within a reasonable amount of time, but they have other cases to work on, depositions to prepare for, and court hearings to attend. One thing your lawyer should never do is keep you in the dark about what's going on in your case, especially if the other side makes a settlement offer. Unless you've given your permission, your lawyer cannot accept or reject a settlement offer without running it by you first.
Be careful discussing your case with anyone other than your lawyer or a representative from your lawyer's office. If you get a call from an insurance adjuster or someone you're not familiar with, don't talk to them about your case. If they have legitimate questions or concerns about your case, you can refer them to your attorney. On a related note, unless your attorney advises you otherwise, do not sign any document relating to your case, and do not change doctors.
Keep your lawyer updated. For instance, if you finish your medical treatment , tell your attorney. If the defendant or someone working on behalf of the defendant tries to contact you, tell your attorney.
If you receive additional medical bills or other documents that substantiate your damages claim, tell your attorney and send them copies of relevant documents.
If you're having money struggles as a result of your personal injury, tell your attorney. They can suggest avenues of financial support and give you advice on how to deal with creditors. Whether you win at trial or obtain a settlement, your attorney will make arrangements to collect the money the defendant must pay.
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