Personal Injury Lawyer in XXXXXX
Many scenarios in day-to-day life might result in an accident that leads to injury—driving to work, grocery shopping, dining out, and much more. A severe injury brings physical pain, emotional stress, and financial difficulties to many victims and their families, but knowing that another’s carelessness or intent to harm caused an injury, adds a layer of frustration and anguish to the situation. If you or a loved one have suffered injury because of another party, the law entitles you to seek compensation for losses related to your injuries in civil court.
The personal injury attorneys at The Offices of Bob Loblaw have decades of experience in representing clients in a wide array of personal injury cases. We guide our clients through the complexities of their case and diligently pursue the best possible outcome for their individual situation. If you or a family member has been injured or you have lost a loved one, contact our office today to discuss your case and learn about the best path forward for you and your family.
Personal Injuries That Might Result in a Lawsuit
Many different types of injuries caused by another person, business, or government entity might cause you to seek compensation through the civil court process. Although we can handle all types of personal injury cases, the personal injury attorneys at The Offices of Bob Loblaw often represents clients who have experienced the following injuries:
- Traumatic brain injuries (TBI)
- Broken or fractured bones
- Back and neck injuries
- Spinal cord injuries including those that cause partial or permanent paralysis
- Electrocution injuries
- Burn Injuries
- Dog Bites
- Birth injuries
- Wrongful death
Types of Cases That We Handle
Many different scenarios might lead to an injuries that motivate a client to bring a lawsuit against another party to recover losses related to their injury. Here are some of the most common types of cases handled by the skilled legal team at The Offices of Bob Loblaw.
- Motor Vehicle Accidents. The Centers for Diseases Control and Prevention (CDC) estimates that for every one person who dies in a fatal car crash, eight people are hospitalized and 99 visit an emergency room; more than 32,000 people die across the U.S. each year from motor vehicle crashes. When motor vehicle accident injuries are severe, victims turn to a trusted attorney to seek compensation for the injuries.
- Bicycle Accidents. The National Highway Transportation Safety Administration (NHTSA) reports that almost 1,000 people die in bicycle accidents with other motorists each year. Riding a bicycle is a rite of passage for young children and an activity that many enjoy throughout their years whether riding solo or with family. Yet, this popular way to spend leisure time carries risk when negligent motorists crash into bicyclists.
- Pedestrian accidents. The CDC’s most recent data on pedestrian accidents reveals that more than 5,000 pedestrians are killed in traffic crashes each year in the United States and well over 125,000 pedestrians visit emergency departments for crash-related injuries. Walking for leisure or as a form of transportation is good exercise that has many benefits. Yet, it carries risk considering that pedestrians are more than one and half times likely than motor vehicle occupants to be killed in a crash each time they venture out on foot.
- Slips, Trips, and Falls. Unintentional falls that occur on another party’s property remain the most common premises liability cases. While many types of injuries might occur while shopping, dining, visiting a friend, etc., slips, trips, and falls most frequently lead to injury, hospitalization, and death. They are the number one cause of traumatic brain injuries (TBI) with elders having the most risk of an unintentional fall. When falls occur because a property owner didn’t warn visitors about hazards, or maintain safety, a court might hold them liable for damages.
- Medical Malpractice. Society holds doctors and other medical professionals in high esteem for curing and treating sickness and disease. When those professionals don’t live up to the legal obligations through negligence, acts of omission, or intentional harm, it devastates victims. At The Offices of Bob Loblaw, we help our clients hold accountable those who have committed medical malpractice. Examples include failure to diagnose patients or misdiagnosing patients, incorrect prescriptions, surgical errors, abuse, and much more.
- Nursing Home Neglect and Abuse. An aging population in the United States means that more elders reside in nursing homes and other elder care facilities. Unfortunately, one needs only to do a quick internet search to find anecdotal evidence of egregious negligence and abuse of elders in nursing homes. The elders that you love deserve dignity and respect; when their rights have been violated, we are here to help you stop the abuse and recover damages to pay for their transfer to pay for better care.
- Workplace Injuries. Thousands of workers suffer injuries on-the-job each year across the nation. An injured employee typically begins by filing a workers’ compensation claim to recover a portion of medical costs and lost income from missing work. Yet, insurance companies deny claims on technicalities, reduce benefits, down play injuries, and some employers don’t carry benefits. It’s always best to contact a personal injury attorney to guide you through the claims process and advise you if and when you should escalate to a personal injury lawsuit.
- Wrongful Death. When families lose a loved one because of another party’s reckless or negligent choices, the aftermath might include financial hardship in addition to the emotional grief that comes with losing a member of the family. Surviving family members have the legal right to seek compensation in civil court for economic and non-economic losses related to the death of their loved one.
Losses Incurred By Personal Injury Victims
Many accident victims walk away injury-free and return to their daily lives without having to go to the hospital or take legal action; when accidents lead to severe, life-altering injury or death, victims and their families face devastating economic and non-economic losses. When victims sue for damages they can seek compensation for the following losses:
Most accident victims have some type of insurance, including Medicare and Medicaid, to cover medical expenses. Yet, severe injuries many times exhaust policy limits causing victims to accumulate thousands in costs for medical treatment. Common expenses include ambulance rides, emergency room visits, hospitalization, follow-up doctor visits, surgery, diagnostic services, prescription medications and more. When severe injuries require a long recovery time or lead to disability, victims may seek damages for future medical costs that might include long-term care, physical therapy, assistive devices like prosthetic limbs, wheelchairs, and canes, and continued counseling for cases of abuse.
Many accident victims require days, weeks, or even months away from their job to heal from their injuries. Those who have labor-intensive professions may face work restrictions even after significant recovery. Victims may use up their vacation and sick time to bring in some income, but after a certain point, many victims must recover without pay, or reduced pay in the event of a workplace injury. Victims may claim lost wages as part of their lawsuit. In the event that a permanent disability prevents them from returning to their job or need to change professions, a victim may also claim the loss of future wages.
The non-economic losses that a victim may claim vary based on the state where the accident happened and where the lawsuit is filed. Some states limit certain types of non-economic losses or they might cap them at a certain amount. When a person sustains a serious injury, intangible losses cannot be measured by adding up medical bills, receipts or pay stubs. These losses include compensation for physical and emotional pain and suffering, disabilities such as loss of a limb, loss of quality of life, scarring, disfigurement, and more. Surviving family members in a wrongful death suit may also sue for non-economic losses in many states.
Seeking Compensation for Your Injuries in Civil Court
When you hire a skilled personal injury attorney to seek compensation for your injuries in civil court, they will guide you down the path that has the best chance of a positive outcome for your individual situation. Here is a general outline of process that you will go through with your attorney, if you have sustained an injury because of another party’s negligence or willful intent to harm.
Case Review. When you contact a reputable and knowledgeable personal injury lawyer, they will review your case and determine your eligibility for compensation during a free consultation. You can share the specifics of your case and your lawyer will advise you on the best way forward for your circumstances.
Investigation. The Offices of Bob Lob law and other personal injury firms investigate the accident or event that injured their client, so they can see exactly what happened and gather any additional details that help build your case against the liable party. This might include interviewing potential witnesses, obtaining police reports and medical records, and reaching out to experts that can help determine liability, reconstruct accidents, and assess future medical expenses.
Determining Fair Compensation. When your lawyer files a suit on your behalf, he or she needs to place a monetary amount on economic and non-economic damages. Your lawyer will use your medical bills, recent pay stubs, and any other relevant documents to come up with that amount. This might also include contacting specialists who can value non-economic aspects of your injuries such as pain and suffering, loss of consortium, etc.
Filing an Insurance Claim. Insurance claims aren’t always part of a personal injury suit, but if you are involved in a motor vehicle accident, you can expect to deal with an insurance company. In no-fault states, you will need to file a claim under your own policy, in tort liability states, you can file a claim under the at fault driver’s policy. In other types of accidents, you might need to file a claim with a property owner’s insurance carrier. A skilled personal injury attorney can help with these preliminary steps, possibly recovering damages without bringing suit.
Filing a Personal Injury Lawsuit. When insurance companies or other liable parties don’t want to offer the full and fair compensation that you deserve for your injuries, you will need to escalate to a lawsuit.
Seeking compensation to recover damages in civil court includes legal complexities that only create stress for victims who aren’t experienced with the legal process. The attorneys at The Offices of Bob Loblaw navigate complex legal cases and aggressively advocate for you throughout the process. Regardless of the accident that you experienced or the injures that you have suffered, a trusted legal team remains necessary for your future.
Comparative Negligence in Personal Injury Lawsuits
With a few exceptions, most personal injury lawsuits require a plaintiff to prove negligence for a verdict in their favor from a court. If a court determines the defendant was negligent, they apply a contributory or comparative negligence rule to the case. These rules rely on the notion that the victim might have contributed to the accident or their injuries. In pure comparative negligence, sometimes called comparative fault states, the court considers the extent to which a victim is at fault for their injuries and reduces the amount of the award accordingly. For example, if you sue for $1,000,000 after a car accident and the court finds you were 25 percent responsible because you were speeding, they will reduce the award to $750,000.
Most states employ a modified version of comparative negligence that has a 50 or 51 percent threshold. If the court finds that the plaintiff and defendant are equally responsible or the defendant is less than 50 percent at fault, the law prohibits the plaintiff from collecting damages. In the few states that have strict contributory negligence laws, plaintiffs are barred from recovering damages even if they are only one percent responsible for the accident or their injuries.
A Seasoned Personal Injury Attorney Can Help You Today
If you or loved one has been injured or a family member lost their life because of the careless actions of another party, contact one of the experienced attorneys at The Offices of Bob Loblaw for a free consultation. A member of our skilled legal team will review your case and advise you on next steps for you and your family.