Getting Car Accident Victims the Compensation They Deserve
Car accident victims need attorneys. Until they retain one, the insurance companies know that they are dealing with someone who does not know the laws as well as they do. Without a lawyer, a person who is stressed from dealing with the financial, physical, and emotional consequences of an injury is more likely to accept an unfair settlement. At Law Office of Duane A. Crooks., our personal injury law practice have assisted many people who suffered injuries in car accidents. If you or someone you love has been hurt in a car crash, contact us for a free initial consultation with an experienced car accident lawyer.
So What is Personal Injury?
Personal injury is any physical or mental injury to a person that results from another person’s negligence or harmful act. Personal Injury involves civil law cases as opposed to criminal law cases, which involve a defendant and the State of Florida. Personal injury often refers to bodily injury and can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
- Auto Accidents
- Other Vehicle Accidents (Aviation, Bicycle, Boat, Motorcycle, Railroad, Truck)
- Burn Accidents
- Construction/On the job Accidents
- Dangerous or Defective Products
- Dog/Animal Bites
- Medical Malpractice (Birth Injuries, Misdiagnosis, Surgical Negligence)
- Nursing home abuse and Neglect
- Slip and Fall Accidents/Premise Liability
- Spinal Cord Injury
- Toxic Exposure
- Traumatic Brain Injury
- Wrongful Death
What financial compensation can I recover in a personal injury claim?
Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
- Medical bills
- Lost income, including overtime wages
- Pain & Suffering
- Physical Disability
- Disfigurement
- Emotional Trauma
- Mental Disability
- Property Damage
How do I prove negligence?
The burden of proof in a tort case, as in most civil law cases, is lower than the proof required in criminal law cases. In a criminal case, the state must prove a person’s guilt beyond a reasonable doubt. To win a personal injury lawsuit based on tort law, the plaintiff need only prove that a majority of the evidence shows that an injury was caused by the defendant’s negligent actions. This standard of proof is called “the preponderance of the evidence.” The different burdens of proof mean that a company might be acquitted of criminal charges stemming from its actions, but be found liable in a civil lawsuit stemming from the same actions.
What should I do if I’ve been injured in an automobile accident?
When a motor vehicle is in an accident, it is important that certain action is taken. The name and address of the operator of each vehicle should be obtained. Additionally, the name and address of the owner of each vehicle involved should be obtained and license plate number of all vehicles should be recorded. Lastly, the name of the automobile insurance company for each vehicle should be obtained. If possible, obtain the names, addresses and telephone numbers of any witnesses to the accident.
If there has been any type of injury, the police should be called to investigate the accident. The police officer will write a report which includes the details of the accident and the nature and extent of any damages and injuries. Insurance companies will require that a report of the accident be obtained before providing any benefits. It is most important to immediately contact your own motor vehicle insurance company to report to them any property damage or personal injury. If you or a family member is injured in a motor vehicle accident, prompt medical attention should be obtained.
If you are seriously injured in an automobile accident as the result of someone else’s negligence, please contact Law Office of Duane A. Crooks, today, for more information.
What should I do if I’ve been injured in a slip & fall accident?
Most businesses and homeowners carry liability insurance to protect them in the event that someone is injured while on their property. The owner or possessor of a residence, land or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises; i.e. individuals visiting for business or pleasure. In such cases, the owner, company or person must inspect the premises to discover any dangerous conditions and warn the invitee of dangers upon said premises. Those injured by a negligent owner or possessor of a premise may recover damages for their injuries, including loss of income, medical expenses, pain and suffering, etc.
How long will it take to settle my claim?
The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case the longer it may take to settle. Many cases can take anywhere from 6 to 18 months to settle depending on its complexity.
What is a Contingency Fee?
A contingency fee is an industry standard fee that is applied to personal injury cases and is dependent upon the successful resolution of your case. A contingency fee is a percentage of the monetary recovery obtained by counsel on a client’s behalf and is only paid if and when counsel is successful in obtaining monetary recovery, whether through settlement or litigation. The industry-standard contingency fee is about one third of the awarded settlement. A contingency fee is the form of payment earned by a lawyer when he or she states that “there is no fee unless we win your case.” Law Office of Duane A. Crooks uses contingency fees for his personal injury cases and will not charge you for services rendered unless you are awarded monetary recovery.
