Most homeowners appreciate the role a dog plays as a burglar alarm for intruders. Dogs inside and outside the home have got an awesome history of deterring burglars, but then these dogs have to be controlled to ensure they do not wrongfully attack and injure innocent people.
Do you know your state’s leash-laws?
Some dogs are trained and socialized and can be taken off the leash in a park, unless of course there is a sign stipulating no unleashed dogs. Dogs on a walk always try to interact with other pet dogs and people, but some of these interactions can be aggressive, and then it becomes imperative for the dog to be on a short leash.
If a dog owner violates leash laws, they may be held responsible for the veterinary- and medical costs of the other person and their dog.
If your dog gets out and injures somebody, as a dog owner you will in all likelihood be liable to the injured person in a civil lawsuit and possibly even face criminal charges. With a dog bite case, there is the element of proof of liability, insurance coverage, and injury that requires costly medical treatment.
There are penalties if your dog injures someone
There are many states in the U.S.A. that have laws for dangerous dogs, and if your dog injures someone, there are penalties that can even include prison time. Certainly, if you do have a dangerous dog on your premises, you need to put up warning signs such as those typical ‘Beware of the Dog’ ones.
For small children walking past your premises and who can’t read, you would need fencing where they can’t put their hands through.
Liability for a dog attack varies in the different states, but in Colorado, the owner can be held responsible for injuries if the dog bite results in serious injury or death or the dog bites someone who was lawfully on the owner’s property at the time of the bite.
In Colorado, the state’s dog-bite statute has some circumstances where the dog owner would not be held liable for injuries caused by their dog. A few of these include –
- When the person attacked was actually trespassing on the property;
- If the dog was being used for official duties by a police officer for instance;
- If the victim was a dog-groomer or veterinarian for instance, performing duties.
Take legal action if you have been bitten by a dog
If you were bitten by a dog in Denver, you can take legal action and the amount of compensation awarded to you will depend on a number of factors, among which is medical treatment costs and loss of wages.
A reputable and experienced Denver dog bit attorney such as Pushchak Law Firm can assist you with recovering damages. Apart from injuries, as a victim of a dog bite, you can also get compensation for non-economic damages if it can be shown that the owner of the dog knew that their dog was aggressive.
These non-economic damages can include things such as –
- The pain and costs of the injury and treatment
- Emotional scars
- The possibility of a disability brought on by the dog attack.
Do not let costs stop you from reaching out to a lawyer
When you choose the best dog bite law firm in Denver, you do not have to fret about how you will pay because most clients choose to sign a contingency fee agreement simply because it means there is no upfront money to pay before the attorney starts on your case. In fact, the lawyer does not get paid legal fees until they recover the money for you.
Know your legal options
After a dog attack, you want to immediately be in touch with a reputable law firm so you can be clear on what your legal options are. The best Denver lawyers stand up for those people who have had to suffer because of someone else’s negligence. These kinds of lawyers are not just your regular lawyer either but are members of various law associations such as Colorado Bar Association and Colorado Trial Lawyers Association.
Sought after Denver lawyers are licensed too, allowing them to practice throughout Colorado with their extensive experience. It always pays to choose lawyers who you know have –
- A record of having got millions of dollars worth of settlements for their clients
- Lovely law offices but to suit your circumstances, they will come to where you are
- The common decency to treat you with empathy and respect
- Financing in place so that paying them easy instead of being an obstacle that prevents you from reaching out to a lawyer in the first place
- The knowledge and experience to specialize in dog bite cases
do not delay in contacting these kinds of dog-bite lawyers as soon as possible while the memories are still fresh in your mind.
Finding a lawyer that has a combination of expertise and insight on their side means you are far more likely to be victorious in your efforts to see that justice prevails with your dog bite issue.
No complicated, frustrating dealings with insurers
The best Denver dog bite attorneys find a fair settlement outside of court through negotiations with insurance companies which can be complicated and impossible if you opt to go ahead without consulting a lawyer. Insurers speak a language impossible to understand for most people.
The right Denver lawyers can take matters to litigation if it means getting you the money you need for the trauma you have been subjected to. They see that you get the compensation you are entitled to.
With around 4 million people experiencing dog bites each year, this is not a small problem. You may be wondering if you should look into lawyers for dog bites or if you should just “let it go.”
The thing to think about is that if you just “let it go,” who could be hurt by this dog again? Left unchecked, this dog could be allowed to continue hurting people because of the negligence of its owner.
Continue reading this article to learn whether you should hire a dog bite lawyer or not.
Check to Make Sure You’re Within the Statute of Limitations
Before you hire an attorney, you should check to make sure you aren’t over the statute of limitations. You’ll need to check your specific state to find out the laws that govern your case. There are some instances when the time may pause and you’ll technically be able to make a claim longer than the stated time in the statute of limitations.
Check If the Owner is Liable
Different states have different laws for dog owner liability. Some state’s laws only state that the owner is liable when the dog bites someone. In other cases, the owners are liable even if the dog causes an enjoy from knocking someone over or something similar.
Feeling Confused & Overwhelmed?
If you’re feeling confused and overwhelmed, it might be a good time to speak with an attorney that can help you with your dog bite case. Being attacked by an animal is a traumatic experience and you might be due compensation.
If you aren’t aware of the state laws that are in place to protect you, you might not know how to best plead your case. When you work with a dog bite attorney that practices in your local area, they know the laws and they know how to bring the case before the court properly. In some instances, you may not even need to take the case to court because people will settle outside of court.
How to Choose a Good Dog Bite Lawyer
Once you know you need legal help and want to hire a lawyer, you shouldn’t put your case in the hands of just anyone. Making sure you work with someone that can help you get the compensation due to you is key vs. just trying to find an attorney that is the least expensive.
Here are some ways to make sure you find a lawyer that can help you with your case.
1. Experience With Dog Bite Cases in Your Locale
Working with an attorney that has experience negotiating and arguing cases in your locale is an important part of getting the compensation due to you. A general practice attorney may not have much more experience or knowledge on dog bite law than you, so make sure to do your homework.
2. Positive Ratings Online
Before scheduling a meeting with a lawyer, look at their ratings online. While the information on their site might be helpful, you want to see what independent ratings people are giving them. Look at their Google My Business page, Yelp, and other sites to see what people are saying.
You can also find forums online that are meant to specifically help people searching for reviews on attorneys. You can post your questions there and see if anyone knows about the attorney you’re considering.
3. Ability to Answer Questions
If you do find someone that is a good candidate to help you with your case, bring a list of questions. If they aren’t able to help you with the questions, it’s unlikely they are the right lawyer for you.
Keep in mind that you shouldn’t ask attorneys to provide you their services for free. Keep your questions to questions about their qualifications and how they see themselves being able to help you with your case.
Making sure you find an attorney that is available to work your case is a must. If you notice that the attorney isn’t able to return your calls in a timely manner, they likely don’t have time to work on your case.
You don’t want to draw your case out any longer than you have to. Having an attorney that is too busy to negotiate or argue your case properly could hurt your chances of getting a fair settlement from your personal injury.
Check to see if the attorney is going to be the one that is working your case or if they are going to hand your case off to a junior attorney. They may also have a paralegal do most of the work.
While it’s not a bad thing if these people handle your case, you should understand how they are going to do it. If you don’t feel comfortable with the way they’re dealing with things, find another attorney to work with.
5. Lawyers for Dog Bites Affordability
While you don’t want to choose an attorney purely off of price, you do want to find someone that is within your budget. You may be able to find an attorney that has all of the qualifications you need that offers a payment plan. Don’t be afraid to ask how they can work with you if you’re tight on funds.
Increase Your Legal Savvy
Now that you know more about lawyers for dog bites and whether you should hire one, why not continue your learning journey? We have many articles that will help you increase your legal savvy.
Navigate through our site, find your favorite section, drop a bookmark and come back soon for more great reads.
Dogs are known as man’s best friend. In millions of households, they are beloved family members.
But they are still animals, and sometimes they can be unpredictable and dog bite someone.
In fact, according to the Centers for Disease Control and Prevention, about 4.5 million people are bitten by dogs each year.
A study from the Insurance Information Institute found the number of dog-bite claims nationwide is increasing.
Even seemingly minor dog bites can result in significant medical bills and other harmful consequences.
Reporting a dog bite is crucial, but it’s only one of the steps you should take to protect yourself and your family both physically and financially.
Here’s what you need to do if you or a family member is bitten by a dog.
Get Medical Attention When Dog Bite Someone
The first thing you should do after a dog bite is get medical attention. If the bite is severe, you should call 911 or have someone drive you to the emergency room.
Even if the bite is minor, you should see a doctor. Dog bites can lead to many complications and infections. Dogs that have not been vaccinated could carry rabies.
It’s important you get a medical evaluation of your injuries and have all necessary tests performed.
The records showing your medical treatments and testing also will be important when you need to demonstrate that you sustained injuries and deserve compensation.
If possible, you should take pictures of your injuries, including puncture wounds and bruises, before your treatment begins or as soon after the incident as possible.
Identify the Dog and Its Owner
It is crucial after a dog bite that you identify the dog’s owner and (if needed) the people who had custody of the dog when it attacked you.
If you are unable to get this information, you may not be able to verify the dog’s vaccination history. This could mean you’ll have to go through a series of expensive and painful rabies shots.
And it might mean you’re not able to pursue legal action later.
If the dog is not with its owner, you (or someone you designate) should check to see if anyone in homes nearby recognizes the dog.
Try to take a photo of the dog, if possible.
If you are not able to identify the dog and owner because of your injuries, see if someone else can do it for you.
Documenting a Dog Bite
Besides taking a picture of your injuries, document everything connected to the dog bite incident, including any torn or bloody clothing.
You should also write down everything that happened as soon as possible. The more details and circumstances you can remember, the better.
You (or someone you designate) should also speak to any witnesses and document their accounts of what happened. Witness accounts can be very important, especially if there is a dispute with the dog owner.
Reporting a Dog Bite
Reporting a dog bite to your local animal control agency is very important.
Sometimes a dog bite victim doesn’t want to file a report because he or she is friends with the owner. Or maybe they don’t want anything to happen to the dog.
But filing a dog-bite report helps authorities enforce state and local dog-bite laws. It also may prevent future attacks as the dog that bit you or your family member could well bite someone else if steps are not taken to stop it.
Reporting a dog bite to authorities will trigger an investigation. If a dog is found to be dangerous, the owner may be required to take extra precautions with the dog to protect public safety. In extreme cases, a particularly vicious dog may need to be put down.
The owner may also face fines or even criminal charges if he or she doesn’t comply.
Reporting a dog bite also provides legal documentation for your case. You will need the report if you need to file an insurance claim or a lawsuit against the owner.
Filing a report will also help you get details about the dog’s history and its vaccination records.
Besides all that, alerting animal control agencies about a dog bite can sometimes reveal that the dog is being abused or neglected, and needs to be rescued.
Dogs that bite may also be victims, and bringing official attention to their living conditions may also expose their dangerous living conditions.
It’s important you cooperate with the animal control investigation into the dog-bite incident.
Animal control may issue subpoenas, interview witnesses, and hold hearings to figure out what happened.
What the Law Says
The laws on dog bites vary from state to state, and city to cite.
It’s important for you to know the specific laws in place in the location where your dog attack took place.
In most states, the law holds owners automatically liable for any injury their dog causes, whether they knew their dog was likely to bite or not.
But some states have a one-bite rule that says the dog owner is only responsible if he or she knew the dog was likely to bite or had a history of biting.
There are also breed-specific and other rules imposed by cities and counties.
Fortunately, dog-bite damages are usually covered by homeowners and renters insurance policies, up to liability limits (usually $100,000 to $300,000). Any damages above those limits would be the responsibility of the dog owner.
Get A Lawyer
The legal issues in a dog-bite case can be complicated and difficult. A lawyer with experience handling dog-bite claims in your specific location will be able to walk you through the process.
But every state has a statute of limitations on filing dog-bite lawsuits.
In most cases, that limit is two or three years. So it’s important to act right away after a dog bite to line up legal help and make sure you get compensation for your injuries.
A good legal team can help you discover more information about the dog-bite statutes in your area, as well as about other matters.
We Can Help You
We’ve got lots more legal information, as well as an extensive listing of attorneys in every area of the law and in every part of the country.
Contact us so we can help you today!
Were you recently attacked by a dog?
About 4.7 million dog bites occur in the United States every year and a large percentage of those attacks require medical attention and even lead to legal action.
Getting attacked by a dog can be traumatic for the victim and their friends or family. Be prepared by knowing your rights and what necessary measures to take after an attack occurs.
Read on to learn more about what to do if a dog attacks you.
Get Information About the Dog and Its Owner
If a dog bites you, one of the first steps, aside from seeking the necessary medical attention if the situation is urgent, is to get the information from both the owner and their dog.
In most states, dogs require a license and to be registered to an owner. And just because a dog is with a human, doesn’t mean that person is their owner. Clarify if that person is indeed the owner and if not, ask for the owner’s information.
Be sure you get the information of the person who was with the dog at the time of the attack since they’ll be an eyewitness. At the very least, you should write down the name, breed, and age of the dog for your records if the owner isn’t able to supply you with more information at that time.
Go to the Doctor
If the bite is severe, don’t waste time driving to the doctor or hospital, simply call for an ambulance. While all dogs should be up-to-date on their vaccinations and vet visits but you won’t know that for sure so don’t mess around if the bite looks serious.
If the bite does not result in an urgent situation, you should still visit the doctor for a check-up. Let your physician know what happened as he may suggest administering a tetanus shot to avoid the bite from getting worse or causing an infection.
By visiting your doctor after the incident, he’ll also be able to make a report of the attack and keep track on your injury as you recover. This will be important information as you move to file a report or take legal action against the owner of the dog.
It will also help your case to have documentation of the attack right away. If you wait too long to go to the doctor, it would appear that your injury wasn’t as serious as you may now be claiming it is.
If it wasn’t necessary to call the police or an ambulance when the attack occurred, be sure to file a report once you’ve visited your doctor and have an idea of how bad the injury is.
If police were called during the attack or you were rushed to the hospital, a report should already have been filed by the authorities in charge at the scene. If this didn’t happen, you can file a report with your local authorities within the city you reside in.
This is usually as simple as contacting your local police or visiting the station nearest to where you live or where the attack took place and explaining to them you’d like to file a report of a dog attack.
You may not think this is necessary, especially if the injury is minor but it’s important to do. For starters, sometimes you don’t know the severity of an injury until later on as new symptoms can develop after a few days or even weeks.
Second, if you don’t file a report, a dangerous dog is still potentially on the streets as their owner likely won’t take the steps to fix the problem or ensure their dog isn’t around people anymore. It’s important to alert authorities so they can stop the dog from hurting anyone else.
You’ve started your documentation by visiting the doctor and reporting the incident. Keep it up by taking photos of any injuries sustained, ripped clothing or other damage to either yourself or your personal property.
Taking photos and keeping track of what really happened with visual evidence will streamline any legal proceedings and keep things from turning into your word against the dog owner’s, especially if there were no witnesses.
Contact a Lawyer
If you’re seriously hurt and want to receive financial compensation for your medical bills, missed work or pain and suffering, you may want to contact a personal injury lawyer. They can help determine your options and see if a legal proceeding is the best course of action.
With a lawyer, you have someone in your corner who can help you navigate this path safely and protect you during the process. They will understand your rights and what you’re owed better than anyone.
Keep a Log
Keeping a log is helpful regardless of whether or not you take legal action, but can be especially helpful to your lawyer once it does come time to settle the case or go to court.
Legal proceedings don’t move quickly. There’s a lot of back and forth and time spent waiting for the next move. During this time, it’s helpful to keep a timeline of everything that has occurred.
This could mean tracking doctors visits, physical therapy sessions, days taken off work, emails and phone calls from the dogs’ owner and more. Keep all of this information in one place; either on your computer or in a printed folder so you can access it quickly should either you or your attorney need information.
Having this log will be very helpful and can save you from having to jog a foggy memory of what happened throughout the course of the situation.
What to Do If a Dog Attacks You: Now You Know!
With the information provided above, you no longer have to wonder what to do if a dog attacks you.
These valuable steps can help guide you should you find yourself in this unpleasant situation. Keep in mind that you should always see a doctor, as your health is most important, and report the attack to authorities.
Check out the rest of our site today to find the right attorney for your case and don’t forget to check out our blog for more legal tips.
Getting injured as a victim of someone else’s fault can be confusing and frightening. The aftermath of what happened can cause physical, mental, emotional, and financial impacts on you and your family. Because of this, the law gives you the right to run after the at-fault party by filing a personal injury case and negotiating a fair settlement for your injuries.
However, just like other legal processes nowadays, dealing with personal injury cases require familiarizing yourself with certain aspects to help you navigate the procedure correctly. Also, there are pieces of information you need to understand, so you’d know how to handle the situation.
If you believe your injuries were caused by someone else’s negligence, below are the things you should know about personal injury cases and settlements.
There Are Several Types Of Personal Injury Cases
People usually associate the term “personal injury” to car accident cases. Although the personal injury law covers injuries arising from car accidents, many situations allow you to file an injury claim with the help of some skilled lawyers, like the ones working in Davis, Saperstein & Salomon, P.C.
The said situations may include:
- Medical Malpractice – It occurs when a healthcare professional, through a negligent act, deviates from the standards of their profession and causes an injury to a patient.
- Premises Liability – It occurs when the injury was caused by an unsafe or defective condition in someone else’s property.
- Animal Attack – When a dog bites someone else, the owner will be liable for the injuries sustained by the person.
- Assault – It occurs when a person inflicts physical harm to another person and causes some injuries. In the legal sense, it might result in civil liability, criminal prosecution, or both.
- Battery – It occurs when someone intentionally causes harmful touching to another person without their consent.
As you can see, these are instances in which a personal injury case can be filed against the responsible party. To get the most out of your claim, you should know which type of personal injury case you’re dealing with. Your knowledge about the matter can help you navigate the situation properly.
You Need To Hire An Experienced Personal Injury Lawyer
When dealing with a personal injury case, it’s essential to hire a lawyer because they can help you get fair and equitable compensation for the injuries you’ve sustained. Although you can handle the process alone, a legal professional can make sure your rights and interests are protected.
This means that they can offer valuable legal advice about your situation and explain the available legal options to you. They’ll interview you and want to know everything about your injuries and the treatment you have. Then, they’ll get all your medical records to determine how they’ll assist you in building your personal injury case.
While you focus on your physical recovery, your lawyer, on the other side, will put a fight on the critical issues on your behalf. Besides your family, they also understand the hardships you’ve gone through because of the injuries, which is why they’ll not hesitate to handle your personal injury case and get the compensation you deserve.
When hiring for a reliable lawyer, below are things to consider:
- Experience – Make sure the lawyer has valuable experience in handling personal injury cases, like yours.
- Reputation – Look for someone who has an excellent track record in representing clients in injury claims. You can check their website or read some reviews online to know how reputable they are in the industry.
- Communication – Make sure that the lawyer you’re going to hire can communicate with you and in the language you understand. They should also be able to make themselves available when it comes to the progress of your case.
- Confidence – Of course, your prospective lawyer should be confident enough to advocate for you. They should know what they want, and that’s to recover financial compensation for the damages caused by the other party.
You Have To Deal With The Insurance Company
Whether it’s a car accident, medical malpractice, or other types of accidents in the workplace and at home, you must talk to the other party’s insurance company for your claims. Before the case goes to trial, your lawyer will need to negotiate with them by asking for a fair settlement offer.
Unfortunately, insurance companies are also making money. Thus, they’ll attempt to limit their offer to protect the interests of their company. As a result, your lawyer needs to be ready in case they’ll resort to their dirty schemes just to reduce the amount of money you should receive for your injuries.
You Might Have Limited Time To Bring A Personal Injury Case
Another essential thing of which you should take note is that you might have a limited time to run after the party responsible for your injuries. This is commonly called the statute of limitations.
Depending on where you live, you should check your state’s time limits to bring a case to make sure that you can still pursue the case. Once the deadline has expired, you might no longer be able to file your claim and receive compensation from the at-fault party. In most states, you have three years to institute a personal injury claim, or, else, you’ll be barred from doing so. But, in some states, the timeframe might be shorter and longer, depending on the state laws.
The Injuries Might Be More Serious Than They First Appeared
When it comes to a personal injury case, it’s crucial to determine the full extent of your injuries and how they can affect your future. For example, you might have injuries that can cause permanent disabilities. As a result, you might not be able to work and earn some income, do the things you usually do, and restore the life you had before your injuries happened.
However, the extent of your injuries might not be known right after the accident due to complications, secondary infections, unhealed wounds, and unanticipated injuries requiring more extensive treatment.
So, before you intend to accept a settlement offer, make sure that you know how your injuries can impact your quality of life. You should also figure out what kinds of care and treatment are needed in order to recover from your injuries. But, you can only understand these things once you reach your maximum medical improvement. This is the point where the doctor will tell you that nothing, even extensive treatment, can be done to improve your condition.
That said, it’s best not to enter into any settlement agreement before you reach maximum medical improvement. In doing so, you can ensure that all the damages you’ve sustained will be well compensated.
The Total Costs Of Your Personal Injuries Cover Many Other Losses Aside From Out-Of-Pocket Expenses
Most insurance settlements cover out-of-pocket expenses, such as immediate lost wages, medical expenses, and even repairs. Unfortunately, they don’t include the full value of your injuries. Because of this, you need a dedicated personal injury lawyer to provide evidence of many other losses that should be compensated. These might include:
- Pain and suffering
- Loss of enjoyment in life activities
- Mental health treatment for emotional injuries and trauma
- Loss of future earnings
- Emotional or psychological injuries
These are some of the damages that should be taken into consideration when accepting settlement offers. The better you understand the value of everything that should be compensated, the easier it would be to determine whether or not the proposal is just, fair, and equitable.
When The Negotiation Fails, You Can File A Personal Injury Lawsuit In Court
When all the negotiations with the at-fault party and their insurance company didn’t work, you may, then, file a personal injury lawsuit in court. This is where you’ll need to attend several legal proceedings to hear your case until the jury issues a decision.
Here’s how a personal injury lawsuit works:
- Discovery Phase – Before the trial begins, you and the opposing party will obtain more evidence from one another and evaluate the same. This is usually called the discovery stage. Both parties send questions and interview all witnesses and other people involved, including the offended and offending parties. Depending on the intricacy of your case, this phase can take a longer or shorter time to finish.
- Mediation – Once the discovery is completed, the lawyers will begin discussing the settlement. They’ll usually go through the process of mediation, where a neutral third party tries to bring both parties together to resolve the case.
- Trial – When mediation fails, the case will be scheduled for trial, which might take a few days, weeks, months, or years. Under this phase, the lawyers will start presenting their arguments and evidence. Next, the jury will study the facts, determine who’s at fault, and award damages, if necessary. Hence, if you want to recover compensation, hire a lawyer who can handle the trial properly.
Indeed, most personal injury cases and settlements are somehow complicated. Depending on the nature of your case and the extent of your injuries, among many others, getting a fair settlement offer or compensation can be challenging.
Therefore, keep the information mentioned above in mind so you’ll know what to expect when dealing with your own personal injury case.
If you’re from Tulsa, Oklahoma, and have been involved in an incident like a car collision where you incurred physical injuries, chances are you’ll look for a personal injury lawyer to represent you in claiming damages. Luckily for you, there are many personal injury lawyers in Tulsa, like those from the Barkett Law Firm. But, that doesn’t mean you can just pick the first attorney you come across in your search. You still have to discern if your prospective lawyer can really protect your interests as needed.
To help in making your search easier and quicker, here are some of the qualities of a Tulsa personal injury lawyer you should always take note of.
1. Knowledgeable And Competent
Anyone who’s seeking a personal injury claim always has this as their first concern. After all, you’re going to pay your chosen lawyer, so you deserve to get your money’s worth. The attorney should be knowledgeable about certain areas in personal injury, including wrongful death cases, slip and fall accidents, medical malpractice, dog bites, as well as motor vehicle collisions such as car and motorcycle accidents.
Those are just some of the most common areas out of the many categories in personal injury law. To get a realistic idea of how good your prospective lawyer is when it comes to personal injury law practice, you can ask about the individuals he or she has represented in previous cases.
Of course, doing your homework will also help a lot. Carry out some research about the academic and legal background of your prospective lawyer; these pieces of information are now readily available because of the internet.
An often overlooked but very important quality every attorney should possess is professionalism. Of course, it also holds for Tulsa personal injury lawyers. Make sure that they’re available to answer your questions and don’t make you feel like you’re bothering them. A personal injury lawyer from Tulsa also has to be available to you for initial consultations or meetings. You’d also want them to be honest with you at all times. They have to tell you the truth and should always be realistic, especially when setting expectations. An attorney that has acquired the respect of people within their field due to professionalism is someone that you can rely on to help you win your case.
3. Experienced In Litigation
A Tulsa personal injury lawyer should know the best ways to represent you, as well as your interests, especially if your case goes to the court. The other party could employ some underhanded tactics to win, and an inexperienced attorney won’t be ready for such things. Be sure to seek out one that’s experienced enough to handle different litigation challenges along the way.
4. Successful Record
You want a lawyer that has a successful record when it comes to winning personal injury cases. Again, there are many attorneys in Tulsa, Oklahoma, so finding a personal injury lawyer with a proven history of getting favorable results in different personal injury cases is imperative. Naturally, having the chance to look at the attorney or even the law firm’s success rate goes a long way in giving you confidence in your case.
5. Courageous And Patient
It’s difficult to find personal injury lawyers who are willing to take risks nowadays, especially if you have a case that seems complicated, or if the opposing party has a significant advantage over you in terms of budget. One of the reasons why large businesses keep great attorneys on retainers is that these companies want to ensure that they keep winning. They’re willing to pay these lawyers substantial amounts of money to safeguard their interests.
Your prospective lawyer should acknowledge these things as early as day one. The lawyer should also be brave enough to represent you even if you have limited resources because he or she believes that you deserve to win. Take note that some personal injury cases may drag on for a long time. Your prospective lawyer should be willing to bear with all the risks that come with your case.
The best Tulsa personal injury lawyer will always be truthful, sincere, and frank with you. If you ever feel as though your prospective attorney overstates the likelihood of you getting a large lawsuit financial settlement, then don’t hesitate to reconsider your options.
The lawyer that you’re meeting with should be willing to let you know the actual prospects of your case, whether good or bad. This helps a lot, especially as you try to avoid unnecessary anxiety going forward. Personal injury lawyers usually have pretty great intuition when it comes to the amount they think the case could get you. Still, they should be able and willing to offer credible reasons for whatever advice they’re giving you.
Aside from the qualities mentioned above, it’s also very important that your prospective personal injury lawyer in Tulsa won’t charge you any fee until you win your case. A true professional should consider your fight as their fight, and obtaining the best outcome should be the ultimate priority.
If you’ve suffered an injury or illness as the result of someone else’s negligence, then you and your loved ones are likely to be facing a difficult time.
Now, depending on the extent of your injuries, you might be required to make significant changes in your lifestyle changes, and this is likely to put you under emotional and financial stress.
To help you cope, you might consider a personal injury claim.
However, making a personal injury claim is not as easy as it sounds.
But the good thing is, you do not need to beat about it because, in this text, we shall share with some of the crucial elements that you need to know about personal injury law.
When it comes to personal injury laws, there’re different time limits for starting legal action depending on the type of claim and nature of your case.
It’s for this reason we recommend seeking legal advice urgently if you wish to get compensated.
That said, the most common type of personal injury claim is negligence.
Normally, the time limit for negligence is 3 years.
What it means is that court proceedings must always be started 3 years once you’re aware of the injury.
However, understand that some of the claims should be handled in less than three years, and so, it’s always a good idea to get advice from the solicitor as soon as possible.
However, theirs is an exception to this rule; In Scotland, for instance, there’s no time limit for civil compensation for child abuse.
Adults who suffered child abuse are entitled to claim for damages with Jones Whyte Law Glasgow, regardless of the time that has passed.
Personal Injury Claims are More Than Car Accidents
In 2018, there were more than 8,402 road casualties reported in Scotland, the highest number of personal injuries.
Now, while the bulk of the personal injury claims revolve around vehicle collision, personal injury laws apply to any instance in which a person suffers harm due to the negligence of another individual or entity.
“Negligence” is used to describe carelessness, and in layman terms, it’s used means that the other party acted unreasonably or opposite to what a careful person would have acted in a similar situation.
Back to personal injuries, the lawsuit is quite extensive and covers a wide range of damages including;
- Pain and suffering
- Cost of medication
- Loss of competitive advantage in the market
- Wrongful death
- Dog bite
- Defective consumer product
As you can see, the list goes on a one, and it’s for this reason that we always advise our readers to seek legal services as they might get cheated on the claims they should make.
Every Personal Injury Claim is Different
One crucial thing you need to know about personal injury cases is they’re vastly different, and no injury case is similar to the other.
Of course, the fundamentals of tackling the case are similar, but after that, things change depending on the type of injury and the circumstances the injury happened.
In the same breath, you need to understand that the personal injury settlements amount vastly differ, and they’re normally a host of issues that will determine your ultimate compensation.
Some Cases Take Time
It’s normal for the plaintiff to take the first settlement on the table offered by the insurance company.
Now, while this seems convenient, it’s always good to consult a professional personal injury attorney who is conversant with your challenges.
In most cases, when an attorney is in the mix, you’ll soon realize that a lot of evaluation and scrutiny often takes place, and this goes a long way to ensure you get the best offer.
And so, you’re likely to find out that your settlement may take a long time.
Personal injuries are heartbreaking at the very least, but before you enter the negotiating table, you need to be prepared.
An effective preparation method is seeking the services of a qualified and professional personal injury attorney who has a deeper knowledge of personal injury laws.
This way, you can be assured of a fair and the best settlement for you.
There are a variety of reasons you might need to hire a personal injury lawyer. Perhaps you have a legal situation and you’re not sure if you need one of these experts to guide you.
Well, the good news is that you’ve come to the right place by reading this article. Detailed below are ten common personal injury case examples you should be able to recognize.
You’re not alone in potentially needing a personal injury lawyer, by the way. Consider the following statistic regarding personal injury attorneys throughout the United States. It indicates that in the year 2019 alone, the industry generated $35 billion in revenue.
Keep reading to know if you need a personal injury lawyer for your upcoming court case. Doing so could make all of the difference in whether or not you win that case.
1. Workplace Accidents Are Common Personal Injury Case Examples
The first potential personal injury case to consider is that of a workplace accident. It’s an unfortunate truth that injuries happen while working quite often, especially at some more dangerous jobs. If you’re been injured while you were at work, it might be time to reach out to a personal injury lawyer.
2. Dangerous or Defective Products
It’s also possible to get injured because of a product you buy. Don’t worry, though. Consumers do have rights to certain compensation in these cases.
Perhaps you used a beauty product that had an irritating ingredient in it that gave you a severe rash. Maybe you bought a furniture item that was poorly manufactured and caused someone to get hurt. If something you bought caused any harm at all, reach out to a personal injury attorney soon.
3. Motor Vehicle Accidents
One of the most popular kinds of personal injury cases happens while driving. Motor vehicle accidents of any kind fall into this legal category. For more details about a specific example, check out this lawyer who specializes in motorcycle accidents.
4. Wrongful Death
Another version of a personal injury case has more dramatic consequences. A wrongful death happens as the result of some kind of accident, often while in the workplace. Connect with a legal expert in the personal injury field to determine whether you have an unfortunate wrongful death case in your own life.
5. Premises Liability
Imagine you’re invited to a corporate event at a local park or gathering place. While you’re enjoying yourself, a tree branch falls on you out of nowhere. It’s caused some serious injury to yourself or your loved ones, and now you have a hefty medical bill.
If something caused you any harm while you were on someone else’s property, the case might fall under the category of a premises liability. Talk to your personal injury lawyer to see if you’re entitled to compensation for this accident.
6. Animal Attacks
Similar to premises liability, don’t forget about the responsibility of an animal attack. If someone’s dog bites you without provocation, for instance, you could be entitled to some money to cover the medical bills and trauma.
Not all animal attacks are covered by this compensation, though. For example, if a police dog attacks you while you’re breaking the law, some states won’t offer any kind of compensation. It’ll be up to you, though, to do the research and know your local laws concerning animal attacks.
7. Nursing Home Neglect
If you’re elderly loved one has been the victim of abuse or neglect in a nursing home, you might have a personal injury case.
Be warned, though. You might have to gather evidence and proof of the neglect or harm if you want to win your case.
8. Food Poisoning
Another personal injury case that can be difficult to prove is that of food poisoning. Because food poisoning could be the result of anything you ate within the last 24 hours, a restaurant might not end up liable to provide compensation for their bad food. One good way to prove it was their fault, though, is to gather a bunch of different cases of food poisoning of the restaurant’s recent patrons.
9. Legal Malpractice
Sometimes, it’s possible for a lawyer you’ve hired to misrepresent you in court. As a result, you might have lost some serious compensation due to that lawyer’s negligence or ignorance.
For one thing, that’s why it’s so important to only hire a personal injury lawyer with a reliable reputation. In addition, be sure to do plenty of research to know what to expect as you go through the court system with that lawyer’s representation. That way, you can try to prevent the possibility that you’ll get taken advantage of by him or her.
10. Medical Malpractice
Finally, some patients of a medical professional could be entitled to compensation, such as after a harmful mistake is made during surgery. This could be a personal injury case if medical malpractice can be proven. Work with your personal injury lawyer to see if your case is one that could win in court.
Continue to Keep Yourself Well-Informed About Workplace Injury Case Examples
At this point in the article, you have a thorough understanding of common personal injury case examples. There’s no need to but corners when it comes to ensuring your legal rights are well-represented in a court case. That’s why you’ll take the above guidelines seriously.
Still, there are a lot of ins and outs to navigate when it comes to the country’s legal system. It can be in your best interest to work with expert professionals on the matter. In addition, continue to keep yourself well-informed of legal trends throughout the country.
In fact, that’s where this website can come into play. We prioritize bringing readers like you the latest and greatest trends in business and legal issues.
For that reason, we encourage you to browse through the rest of our website today.
You may have heard how big companies such as Amazon may be responsible for product liability injuries from products sold by third-party sellers. Yet, these cases aren’t the only types of lawsuits that stem from tort law. When you suffer an injury, you may be eligible to file this type of legal action.
Did you suffer an injury? If you answered yes, you should learn as much as you can about tort lawsuits before filing your case. Don’t know where to start?
We’ve got you covered. Here are the 5 most important things you need to understand about this type of law.
1. What Is a Tort?
Every tort lawsuit stems from the commission of a tort. This term refers to the act or omission of acting that causes an injury or harm to another person.
Keep in mind torts aren’t criminal acts. These actions refer to a civil wrong.
2. There Are Three Main Types of Torts.
Before considering filing a legal action, you must make sure your injury falls into the types of torts you can file. Intentional torts, negligence and strict liability are the main categories of torts you may claim in your case. Assault, battery, fraud, and defamation are examples of the first category.
Strict liability torts refer to product liability, dog bite lawsuits, and other dangerous activities. Slip and fall injuries, car accidents and medical malpractice are examples of negligence torts.
3. In a Tort Case, Plaintiffs Need to Meet the Preponderance of Evidence Standard of Proof.
To be eligible for relief, plaintiffs must meet the preponderance of evidence standard of proof in court. This refers to proving the defendant is more likely than not legally responsible for the harm or injury caused.
Before filing your lawsuit, it’s vital to make sure your evidence meets this standard. While you may think you have enough proof to back your claim, you should consult an experienced personal injury attorney such as James Bergener to make sure.
4. You’ll Need to Prove 4 Elements in Negligence Cases.
Negligence is one of the most common tort lawsuits. When you file this type of legal action, you’ll need to prove the failure of duty, breach, causation, and harm from the defendant.
An example is how a doctor owes their patients the duty of providing the best treatment for their ailment. If you can’t prove the person owed a duty, you won’t be able to file your tort case.
5. You May Receive More Than One Type of Remedy in a Tort Lawsuit.
You may think a tort case will only make you eligible to receive monetary relief. However, you may receive damages awards, monetary damages and even a court order asking the defendant to cease their conduct.
Monetary damages refer to awards for the economic losses you suffer due to the harm or injury. The court may allocate damages awards for emotional distress, lost wages, pain, suffering, among other causes. Keep in mind awards vary on a case by case basis.
So You Know the Basics About Tort Law, Now What?
Understanding the basics of tort law is the first step to protect yourself and your family. However, it isn’t enough to receive the relief you deserve after suffering an injury. It’s vital to document your injury and consult an attorney.
A legal expert can provide insight into your options and your cause of action. Don’t leave it until later and make your tort claim today.
Did you find this article interesting? Check out the rest of our site for more helpful articles.
Every year, more than 2 million Americans sustain injuries during a car accident. And about 200,000 of them are hospitalized as a result of their injuries.
Many of these people choose to file car accident cases in an effort to receive compensation from other drivers or car insurance companies. This makes car accident cases one of the most common types of personal injury cases – but they aren’t the only ones.
Here are four cases commonly filed each year.
1. Slip and Fall Cases
Every year, nearly 1 million people are injured during slips and fall accidents on the job. They’re injured in a variety of different industries, including:
Many of these people sustain injuries to their backs, necks, shoulders, arms and legs, and even heads. They’re often forced to stay out of work for extended periods of time, and some even end up out of work forever.
If you’re ever involved in a slip and fall accident as a result of someone else’s negligence, you might want to speak with a lawyer about it. Know when to ask a spinal injury lawyer or personal injury lawyer to represent you.
2. Medical Malpractice Cases
Did you know that about 250,000 people die every year due to medical errors made by doctors? Medical errors impact people a lot more often than you might think.
When a doctor makes a medical error that results in death or another health complication, a person or their family can file a medical malpractice case. Although medical malpractice cases are often complicated, they can get people the money they deserve in the aftermath of medical errors.
3. Dog Bite Cases
Dogs are “man’s best friend.” But that doesn’t stop almost 5 million dogs from biting Americans every year.
About 800,000 people are treated for dog bites on an annual basis. There are even a handful of people killed due to dog bites each year.
If you’re ever on the receiving end of a dog bite, talk to a lawyer about potentially filing a lawsuit against the dog’s owner. They might be on the hook for any medical bills that you rack up treating a dog bite.
4. Defamation Cases
You don’t need to get physically hurt to file a personal injury case. Some personal injury cases involve emotional pain and suffering.
Defamation is one such case. When someone uses libel or slander to hurt your reputation, they could be forced to pay for it. You just need to prove that the defamation hurt you financially in some way.
Defamation cases can be challenging to prove in court, which is why you’ll need a top personal injury lawyer on your side. Look for someone with experience when it comes to defamation.
Hire the Right Lawyer to Help With the Different Types of Personal Injury Cases
Different personal injury lawyers can help you with the different types of personal injury cases.
If you were involved in a car accident and want to hire a personal injury lawyer, find one who has experience with car accident cases. If, on the other hand, you were involved in a slip and fall accident, search for someone who has expertise in this area.
This will give you the best chance to win your case and help get answers to all your pressing personal injury questions.
Browse our blog to read more about hiring the right personal injury lawyer for your specific case.