Serious Injuries and Death Attorney
Because of our many years of experience assisting those who have been badly hurt due to others’ negligence, we understand that cases involving devastating, serious injuries require a special combination of empathy, determination and hard work. If you, your child or other family member needs legal representation regarding a devastating accident, our attorneys are here to help.
Although every brain injury case or other serious injury situation is unique, most accident cases rely on a theory of negligence. Under the principles of negligence law, the claimant must show that the defendant owed him or her a legal duty, that the duty was breached, that the breach resulted in the victim’s harm and that damages arose that are reasonably quantifiable.
- In order to litigate a negligence case, a thorough investigation must occur. This typically involves interviewing witnesses, securing photos of the accident scene, reviewing any surveillance videos of the event and examining any reports from law enforcement, medical personnel and other first responders.
- Once the initial facts are established, it is sometimes necessary to retain expert witnesses such as accident reconstructionists or physicians who can review the facts and render a professional opinion as to the exact cause of an accident or the prognosis of a victim. During the discovery phase of a case, the parties often take depositions of each other, the witnesses and any experts who are likely to testify at trial.
- All of this is done with an eye toward settling the case for an amount that will fairly compensate the burn injury or other injury victim, or family members of the victims of a fatal accident, for his or her medical bills, lost wages, pain and suffering, property damage, costs of future treatment and other expenses. In particularly egregious cases of recklessness or wanton and willful conduct, punitive damages may also be sought.
There are time limits for filing suit in negligence cases. This time period, called the “statute of limitations,” varies from state to state. The filing deadline for a particular case is established by the law of the state in which the accident occurred. Since there are exceptions to these general timelines, it is best to consult an experienced injury attorney about the circumstances of your case to make sure that all filing deadlines are complied with. Failing to promptly file a lawsuit can result in the case being dismissed.
Another consideration in negligence cases is the possibility of a reduction in damages due to the victim’s role in causing the accident at issue. Sometimes, a defendant will agree that the victim has sustained a devastating injury but argue that there should be a reduction in the amount of damages based upon the doctrine of comparative negligence. Under this rule, an accident victim’s recovery may be reduced in proportion to his or her level of fault in an accident.