Medical bills ABOUT US Discovery is the process in which each party investigates what the other party’s legal claims and defenses are. The Florida Rules of Civil Procedure allow each party to propound certain types of written discovery upon the other. In an auto accident case, the Florida Supreme Court requires parties to serve standard interrogatories which essentially request background biographical information (e.g., name, date of birth, current and former addresses, employment history) as well as information about the incident itself (e.g., describe the incident, were you wearing a seatbelt? Did a mechanical failure contribute to the incident occurring?) The interrogatories will also inquire into the injuries you are claiming, which medical providers you have seen as a result, and the damages you’ve incurred.
In addition, doctors, nurses and other medical professionals are held to a higher standard of care, which requires them to provide medical services that meet or exceed the accepted standards of the medical profession. If this standard is not met, malpractice may have occurred and you may be eligible for compensation through a personal injury lawsuit.
One of the first things to keep in mind is that you don't need to file a personal injury lawsuit in order to recover compensation for your losses after an accident or injury. It's quite possible -- and in most situations, it's actually more likely -- that your injury case will reach an agreed-upon settlement outside of the court system. The vast majority of personal injury claims are resolved via settlement between the at-fault party's insurance company and the person who was injured. (Learn more about Personal Injury Claims Versus Personal Injury Lawsuits.)
This defense falls into the category of comparative negligence, which each state uses in some manner. Some states use pure comparative negligence that allows any injured party in an accident injury to receive some amount of financial compensation unless they are totally at fault for the injury, such as an intentional act or they were convicted of drunk driving. Most states use modified comparative negligence law that states plaintiffs are barred from any financial recovery if their comparative negligence percentage is greater than the respondent. The bar level is usually either 50% or 51% to deny a claim. In pure contributory negligence states, any contribution to the causation of the injury will be an effective defensive strategy. In premises liability cases, the focus is on individual reasonable assumption of risk based on the actions of the plaintiff. An example of this defense would be trespassers who are injured and normally lose their claims based on no authority to occupy the property. This means that technicalities can matter greatly, depending on the state of occurrence, and the particulars of the claim are all potential reasons for a case dismissal, or at least a reduced financial liability.
A negligence claim in Illinois generally requires establishing: $1,000,000 Settlement; slip and fall premises liability. D.S., a 60 year old bus driver, volunteered as an instructor at a summer camp for inner-city kids in the Angeles Forest. While walking to the dining hall he stepped on a soft patch of dirt in a camp road which had recently been repaired, and fell, breaking […]
Personal Injury Attorney Los Angeles Los Angeles 90001 California CA 33.9731 118.2479 | Personal Injury Attorney Brea Orange 92821-SzhZPvPersonal Injury Attorney Los Angeles Los Angeles 90001 California CA 33.9731 118.2479 | Personal Injury Attorney Brea Orange 92822-QjBZSEPersonal Injury Attorney Los Angeles Los Angeles 90001 California CA 33.9731 118.2479 | Personal Injury Attorney Brea Orange 92823-tj7gcw Legal | Sitemap