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How Is Personal Responsibility Assessed in an Injury Case?
After sustaining injuries in a trip and fall accident, consider visiting a personal injury lawyer in Riverside to discuss your legal options. A slip and fall lawyer will thoroughly review the case to determine the factors that contributed to the accident. Sometimes, these accidents are the fault of the property owner or manager. But even if you might have been partially at fault for the incident , it’s still worth your time to speak with a personal injury lawyer.
Personal responsibility for your injuries might reduce your compensation, but the defendant might still be held partially liable for your losses. For example, your compensation might be reduced if it is determined that you wore unsafe footwear or if you were texting while walking. You may be considered partially responsible for your injuries if you were engaging in other unsafe behaviors like walking backward. It’s important to fully disclose the details of the incident to your personal injury lawyer so he or she can properly prepare your case.
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What to Do if You’re Injured in a Fall on a Public Sidewalk?
and talk to a A trip and fall accident on a sidewalk can result in severe medical problems, including brain trauma, bone fractures, internal bleeding, and long-term complications. It’s important to know what to do in the event you sustain a slip and fall injury in Riverside. The steps you take immediately after a sustaining a slip and fall injury can significantly influence the outcome of your case.
Document the Accident Scene
It’s best not to assume that the accident scene will remain in the same state if you revisit it the next week or even the next day. Public works crews can rapidly repair dangerous sidewalks, which will eliminate the evidence you have to support your case. Before leaving the scene of the incident, take plenty of pictures of your injuries and any property damage you incurred, such as torn clothing, broken jewelry clasps, or a ruined handbag. Take pictures of the area of the sidewalk where you fell, paying particular attention to crumbling concrete or other defects. Step back and take a picture from further away that encompasses the area of sidewalk and any street signs or other identifying landmarks. Speak with anyone who witnessed your fall and ask them to write down their full names and contact information. If they have time, they might be willing to provide a written statement before you leave the accident scene. Otherwise, your personal injury lawyer can interview them later.
Get Medical Help
Do not delay seeking medical care. As soon as you finish documenting the scene, go to the nearest clinic or hospital and inform your healthcare provider that you just tripped and fell on a public sidewalk, which caused your injuries. Undergo any medical tests the doctor recommends and ask how your injuries might affect you in the future.
Talk to a Lawyer
Speak to a personal injury lawyer as soon as possible. Many municipalities impose strict deadlines and procedures for filing a personal injury claim based on a fall on a public sidewalk. For instance, you might be required to provide written notification of the accident to the municipality within 30 days. Your lawyer will walk you through each step of the process of securing compensation for your losses.
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What Are Your Rights if You’re Injured by a Government-Owned Vehicle?
Most car accident lawsuits are filed against allegedly negligent individuals who were driving their own cars. But thousands of government-owned vehicles are on the roads in the U.S. and they can just as easily be involved in a car accident. For any type of accident, you have the legal right to consult a car accident lawyer in Riverside. He or she can pursue compensation on your behalf for your losses, including medical expenses and property damage.
If the accident involved a federal employee, your car accident lawyer may file an administrative claim under the Federal Tort Claims Act. These claims are based on acts or omissions. In other words, they allege that the federal employee failed to do something or did something that was somehow negligent. If the administrative claim is denied, your car accident lawyer can then file a lawsuit, provided it is filed within six months of the denial. In some cases, accidents are caused by environmental hazards such as poorly constructed or maintained roadways. A lawyer may file a claim against the entity responsible for the construction or maintenance of the road.
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Tips for Documenting the Scene of a Slip and Fall Injury
When a slip and fall accident that results in injuries happens on someone else’s property, you may have grounds for a civil lawsuit. To substantiate your case, there are a few steps you should take even before you contact a personal injury lawyer in Riverside. Provide copies of all of the evidence you gather to your lawyer. He or she will use this evidence to seek compensation on your behalf for your medical bills and physical pain.
Report the Accident
If you fall in a store, restaurant, library, or other public place, call attention to the incident immediately. Depending on where you have fallen, the property owner or manager may have established guidelines for reporting accidents. You might be asked to fill out some paperwork. If you do file a written report, ask for a copy for your records.
Look for the Cause
A successful slip and fall lawsuit requires demonstrating that a hazardous condition existed that caused you to slip or trip. If possible, document the hazardous condition right away because the property manager may correct the hazard promptly after your fall. Take photos of damaged handrails or steps, uneven flooring, spilled liquids, or other hazards that caused you to fall. If you don’t have a cellphone or camera with you, write down a precise description of the area and the hazardous condition.
Write Down Witness Information
Witness statements can play a significant role in a slip and fall lawsuit. If anyone witnessed the accident, ask them to write down their names and contact information. Your personal injury lawyer can question them later.
Seek Medical Attention
If you have severe injuries like a broken bone or a possible concussion, don’t try to drive yourself to the hospital. Call 911 instead. Even if your injuries appear to be relatively minor, you should still seek medical care because you might have internal injuries. Additionally, your medical records will substantiate your case. Retain all of your medical bills and receipts, pharmacy co-pay receipts, discharge sheets, written instructions from doctors, and all other documentation pertaining to your health status. These documents will prove the extent of your losses.
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What Are Your Rights as a Passenger in an Auto Accident?
When the driver of a vehicle files a car accident lawsuit, one of the obstacles he or she may encounter is countering allegations that he or she was partially responsible for the crash. Injured passengers do not generally have this problem. However, because of the complexities of personal injury law and the uncooperativeness that is typical of car insurance carriers, it’s best for passengers to consult a car accident lawyer in Riverside.
Assessing Liability
After any type of accident, you have the legal right to speak with an accident lawyer about the situation. One of the first steps in an accident case is to assess liability, which refers to which party was at fault for the crash. Since you were the passenger, it is highly unlikely that you could be considered liable unless you grabbed the steering wheel or engaged in any similar unsafe act. If it was a one-car accident, then the driver is almost certainly at fault. Exceptions include situations beyond the driver’s control, such as if a deer jumps out in front of the car. If the accident involved multiple vehicles, the case becomes a little more complex. Your car accident lawyer may consider whether both drivers shared liability for the accident. To accurately determine liability, your lawyer will need to review the evidence, such as the police report, photos of the scene, and witness statements.
Filing a Claim
A car accident lawsuit isn’t necessary in all cases. Your lawyer may use evidence of liability to negotiate with one or both drivers’ insurance carriers with the goal of securing just compensation for your losses. If a reasonable settlement is not forthcoming, then you may wish to move forward with a lawsuit. If more than one driver might be at fault, it is possible to file a lawsuit against multiple defendants. One of the issues the jury will consider is whether both drivers were equally at fault for the crash or if one was more negligent than the other. If they are found equally at fault, then the insurers for the drivers will be ordered to pay an equal amount. If one driver was found to be more negligent, then percentages of fault are assigned to each driver and the monetary award is paid accordingly.
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Understanding the Differences Between Civil and Criminal Law
Criminal and civil law are quite different. If you’re involved in an accident or similar situation, you can turn to a personal injury lawyer in Riverside to handle your civil law case. On the other hand, if criminal charges are brought against you, you would require the services of a criminal defense lawyer. There are many other differences between these areas of the law, which you can learn about by watching this featured video and consulting your personal injury lawyer.
This professional explains that criminal cases like burglary charges and civil cases like slip and fall accidents proceed in different court systems. However, it is possible for one incident to cause separate cases to proceed in both courts. For example, O.J. Simpson was infamously found not guilty of murder in a criminal court, but he was found liable for wrongful death in a civil court. The outcome of one case is not binding on the other. In fact, your personal injury lawyer has a lower standard of evidence to meet than a criminal lawyer would.
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Understanding Catastrophic Injury Cases
Injuries caused by a negligent party can range from minor to serious to life-threatening. Some victims require ongoing medical attention for the rest of their lives. If you or a loved one has sustained a catastrophic injury, it’s important to contact an accident lawyer in Riverside promptly. Catastrophic injuries can lead to exorbitant medical bills and other expenses. By contacting an accident lawyer right away, you can preserve your right to file an accident lawsuit to seek just compensation.
Identifying Catastrophic Injuries
Many types of injuries could be classified as catastrophic injuries. Generally, this category of injury includes any that inflict severe, long-term or permanent consequences on the individual. These consequences may refer to disability or disfigurement. An example is a spinal cord injury that leaves the victim permanently paralyzed. Another might be a dog attack that causes vision loss and major facial disfigurement. Severe burns, amputations, traumatic brain injuries (TBIs), and similar injuries are all examples of catastrophic injuries.
Seeking Compensation
Catastrophic injury cases are the most likely to lead to substantial compensation. However, it’s important not to rely on the insurance carrier to offer a just settlement. Quite often, victims with catastrophic injuries will need to file an accident lawsuit with the help of a seasoned attorney. The attorney will calculate the damages, gather together evidence, and file the necessary paperwork. Evidence that proves neglect or intentional wrongdoing in catastrophic injury cases might include traffic camera footage, photographs of crash sites, eyewitness testimony, and medical records.
Calculating Damages
Calculating damages is often a straightforward process for simple accident lawsuits, but in catastrophic injury cases, complex factors must be considered. Survivors of these injuries are typically unable to work after the accident. The attorney may need to hire an expert to develop an estimate of the survivor’s anticipated lifetime earnings that he or she would have been able to receive were it not for the injuries. A life care planner may be needed to thoroughly assess all of the survivor’s future medical and personal care needs. All past damages, such as hospitalizations and pharmacy expenses, will also be added to the total. Finally, damages may include non-economic damages like compensation for mental anguish and pain.
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How Are Compensatory Damages Calculated in Slip and Fall Cases?
All personal injury cases are a little different. To accurately calculate an estimate of how much your slip and fall lawsuit might be worth, you’ll need to schedule an initial consultation with a personal injury lawyer near Riverside. A slip and fall lawyer will review all relevant documentation and thoroughly assess your case to ensure that you receive all of the compensation to which you’re entitled. Because deadlines apply to filing personal injury cases, it’s best to consult a lawyer as soon as possible.
Medical Expenses
Your slip and fall lawyer will request that you save all of your medical bills, co-pay receipts, and similar items. Provide your lawyer with copies of these documents. Your lawsuit may seek compensation for your emergency transportation via ambulance, hospitalization, diagnostic tests, surgeries, and other medical treatments. You may be entitled to receive compensation for physical and occupational therapy sessions, and you should receive compensation for your medication expenses. Personal injury lawsuits can request compensation for both past and future medical expenses.
Lost Wages
Your lawyer will add your total medical expenses to your lost wages. Keep careful track of all of the hours you miss at work and how much money you’ve lost because of the accident. If you have sustained long-lasting injuries and cannot work or can only work in a limited capacity, then you may receive compensation for your loss of earning capacity and future wages.
Incidental Expenses
In addition to medical costs and lost wages, recovering from a slip and fall injury can force you to incur unexpected expenses. You should keep track of gas purchases that were required to go to and from medical appointments, including physical therapy sessions. Perhaps you had to travel to see a specialist for your injuries. Keep track of your travel expenses. Save receipts for any durable medical equipment you may have required, such as crutches or a wheelchair.
Non-Economic Damages
Non-economic losses refer to those that cannot easily be calculated, such as mental anguish, pain and suffering, and loss of companionship. Let your slip and fall lawyer know about all of the ways that the accident and your injuries have affected your daily life or diminished your quality of life.
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Answering Common Questions About Punitive Damages
If you’ve been injured in an accident that was the fault of another party, you may be eligible to file an accident lawsuit with the assistance of an accident attorney in Riverside. Your accident lawsuit will list your damages, which refers to the losses you’ve sustained and the compensation you’re seeking. Generally, a lawsuit can seek two types of damages: economic damages for calculable losses like medical bills and non-economic damages for intangible losses like pain and suffering. However, in some situations, there is a third category of damages that may apply. This is known as punitive damages.
What is the purpose of punitive damages?
Not every accident lawsuit can successfully obtain punitive damages. When a jury does award punitive damages, it is for the purpose of punishing the defendant, hence the word “punitive.” Punitive damages aren’t intended to compensate the plaintiff for his or her losses, although the plaintiff will receive the punitive damages. Instead, it is thought that punitive damages may help serve as a deterrent to prevent egregious conduct from occurring again.
Is there a limit to the amount of punitive damages?
Some states do set limits on the total amount of punitive damages that may be awarded. These limitations are called “caps.” For example, in Colorado, the amount of punitive damages cannot exceed the amount of compensatory damages. However, in California, there is no definitive cap on punitive damages, although the punitive award must be reasonable in comparison to the compensatory damages. Since these laws are subject to change over time, you should consult your accident attorney for the most current information.
Which plaintiffs might be entitled to punitive damages?
Not every plaintiff is entitled to punitive damages. These awards are intended to serve as punishment when a defendant’s conduct is found to be particularly egregious. In California, punitive damages may be available when a defendant’s conduct can be shown to be fraudulent, malicious, or oppressive. For example, the defendant may have displayed a willful disregard for the plaintiff’s safety or rights.
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Understanding Negligence in a Slip and Fall Case
A slip and fall accident can result in injuries both mild and severe. On the mild end of the spectrum, individuals may only suffer momentary pain, such as that caused by a stubbed toe. More serious cases can involve sprained ankles, fractured bones, spinal cord damage, or traumatic brain injury (TBI). If you’ve sustained injuries in a slip and fall accident in the Riverside area, you have the right to contact a personal injury lawyer to discuss your legal options.
Evaluating Injuries
Your personal injury lawyer will assess your case to determine if certain elements are present. First, victims of slip and fall accidents must have sustained damages or losses directly caused by the accident. If you fell, but weren’t hurt and didn’t require medical care, then you cannot hold someone liable for the accident. Your medical records should be sufficient to prove your damages.
Identifying Hazardous Conditions
Next, your personal injury lawyer will consider whether a hazardous condition was present that caused you to slip or trip. Some common causes of slip and fall accidents include inadequate lighting, uneven floorboards or missing floorboards, the lack of handrails, and the presence of spilled liquid on the floor. However, the mere presence of a hazardous condition isn’t enough to prove negligence in a personal injury case. In order to prove that the property owner or manager was negligent, your lawyer must prove that the individual or an employee caused the hazardous condition or that these individuals knew of the hazardous condition, but did not take action to correct it in a timely fashion. Alternatively, your lawyer may argue that the defendant should have known of the hazardous condition because any reasonable person in the same situation would have discovered it and fixed it.
Assessing Reasonableness
The determination of the degree of reasonableness on behalf of the defendant is often a key issue in slip and fall cases. Many factors may be evaluated to assess the defendant’s reasonableness, including whether the defendant has a history of regularly examining and fixing the property, whether there is evidence of regular maintenance, and whether warning signs or caution tape had been placed in the area.
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