Personal Injury And Wrongful Death
When people are injured because of another party’s negligence, they deserve more than an apology or basic first aid. They deserve high-quality medical care and a chance to move forward with their life. Unfortunately, what often ends up happening is far from ideal—injuries turn into disabilities, major expenses turn into inescapable debt, and grieving families break under the pressure of expenses that stem from a serious injury or the wrongful death of a loved one.
Don’t wait to file your claim. There are limitations, which may vary by state, for the amount of time allowed to file a personal injury or wrongful death claim. If you don’t file within the specified limitation period, you may permanently surrender your rights to recover damages for your case.
The personal injury attorneys at Heninger Garrison Davis are ready to fight for you. Our firm has the legal staff and resources to provide top-notch, specialized representation to each of our clients. We consider our clients to be like family. When you hire our firm, your success becomes our mission.
How We Can Maximize Your Claim
One of the most important things a personal injury attorney can do to help their client’s case is to perform a thorough investigation of the accident. We can take photographs of the site, interview witnesses, and gather evidence in order to prove that another party’s negligence caused your injuries. Our seasoned insurance lawyers can speak with the insurance company on your behalf and negotiate a settlement, or file a lawsuit if necessary. We can handle all the legal details so that you can focus on recovering from your injury.
We work tirelessly to make sure your rights are protected and that you get the compensation you deserve.
Personal Injuries Which May Be Eligible For Compensation
Every year, thousands of Americans are bitten by animals — most often dogs. In many cases, a person bitten by an animal may have a legal right to recover damages from the animal’s owner or another responsible party. Many jurisdictions have leash laws that require an owner to restrain their pet. Their failure to do so may increase their liability for injuries the pet causes. In the case of an animal attack at a house, the owner’s homeowners insurance is often responsible for paying a claim.
About 1.4 million people in the United States suffer burns each year. Burn injuries are very complex and can affect all the major organ systems. A burn victim may suffer damage to the skin, lungs, nerves, tissues, or other vital areas. Injuries may be minor, or could require serious medical treatment, reconstructive surgery, or even lifelong care in severe cases. A frequent cause of burns is accidental fires resulting from faulty wiring, oil and gas leaks, or human error. Other causes may include scalding liquids or steam, contact with something hot, contact with chemicals, electrocution, or radiation.
Typical homeowners insurance provides limited coverage for personal injuries or property damage to others for which you or members of your family living with you may be legally responsible. If a house guest slips on a rug, your pet attacks a postal worker, or someone has an accident in your pool, homeowners insurance may cover the damages. Your policy will describe what types of claims are covered, and coverage may vary by state, policy type, and insurer.
Any establishment that sells, serves, or assists in the purchase or use of liquor (i.e. dram shop) opens its doors for a liability claim as a consequence of someone getting drunk to the extent that they cause injury or property damage. This includes restaurants, bars, nightclubs, and taverns. Although, in many cases, the inebriated person is financially liable for the damages they cause, the business that served the alcohol could be held responsible for injuries, damages, or both that occurred as a result of the actions of a patron who drank too much. Establishments that serve alcohol may carry liquor liability insurance in case a customer injures someone in a car accident or a fight, or a minor is mistakenly served alcohol.
A premises liability lawsuit holds a property owner responsible for any damages arising out of an injury on that person or entity’s property. In some states, property owners are required to make a reasonable effort to maintain a safe environment for visitors. Other states have more complicated requirements for owners based on the duty of care that the owner owes to the person who was injured.
Common situations that may give rise to premises liability lawsuits include:
- Animal and dog bites
- Trip and fall accidents
- Dangerous property conditions
- Broken or wet pavement or flooring
- Inadequate or nonexistent security
- Poor swimming pool conditions/lack of signage
- Inadequate property maintenance
- Conditions hazardous to children
In a premises liability case, the plaintiff must prove that the owner was negligent in some way in their maintenance of the property.
Sexual abuse refers to any type of illegal or coerced sexual conduct against another individual. A variety of different offenses fall into this category, which is not limited to physical contact alone. Sexual abuse includes acts of sexual harassment, rape, indecent exposure, forcing another individual to view or participate in pornography, and contributing in any way to the commercial sexual exploitation of children. A victim of sexual abuse may be able to bring a civil claim against another party for subjecting them to such abuse or allowing such abuse to occur under their supervision. The victim may be able to recover damages from a successful lawsuit for physical harm as well as emotional or psychological trauma.
Many personal injury cases involve a person tripping and falling to the ground, either because the ground is wet, pavement is uneven or broken, or something caused the victim to lose their balance. These cases usually fall under a property owner’s premises liability.
In order to hold a property owner responsible, the owner must either have caused the problem that led to the accident, must have known about the problem and done nothing to fix it, or it must be found that a “reasonable” person in charge of the property should have known about the problem and solved it.
Workers’ compensation benefits are guaranteed without regard to fault for an employee’s injury. However, in exchange for the guarantee of benefits, an employee loses the right to sue his or her employer in civil court for personal injuries.
Workers’ compensation usually does not cover injuries that are adequately treated by first aid and injuries that occur outside the scope of employment (such as during a commute or when the employee is out to lunch.) If the employee is injured away from the workplace, but within the scope of their employment, however, their injuries may be covered.
The general rule for injuries sustained on the job is that the only compensation an injured employee can recover after a workplace accident is through their employer. There may be exceptions to this limitation if the injury occurred because of the employer’s intentional misconduct, because the employee was injured outside the scope of their work duties, or if the employer lacks workers’ compensation insurance. Such a lawsuit may allow the employee to recover a full range of damages that are not available in the workers’ compensation system, such as pain and suffering and punitive damages.
Schedule Your Free Consultation
Types of Personal Injury Compensation
Your attorney will be able to give you a better idea of the compensation available for your own injuries when you meet to discuss your case.
Frequently Asked Questions
A: Suing a government agency or department can be tricky because there are often stricter time limits and specific rules that must be followed. Many state laws provide immunity from liability for state and city government entities with regard to personal injury suits. It’s crucial to have an experienced attorney representing you in these complex cases.
A: The most important thing after an accident is to seek medical attention, even if you don’t think you’re injured or your injuries don’t seem that bad. Not only might you have a concussion or internal damage that could become worse if left untreated, you also need to see a doctor in order to file a claim or a lawsuit. If you don’t get medical treatment, the insurance company may try to argue that you weren’t injured at all.
You should report the accident to the property owner, and take pictures of the scene and your injuries if possible. Speak to witnesses and get their contact information, but be careful about making any admissions or assertions. Contact an experienced personal injury lawyer right away to begin an investigation.
A: Many states operate under comparative negligence, a rule that allows plaintiffs to collect even if their negligence contributed to an accident. Their compensation is reduced by the level of their negligence. A few states still use the contributory negligence rule, however, which bars any compensation for a victim if they were even slightly to blame.
Speak With An Experienced Personal Injury Attorney Today
Even if you feel you are not ready to file a suit, consult one of our knowledgeable accident lawyers as soon as possible so that you will know your options. We do not charge any fees up front. In fact, we will only charge attorney’s fees if we obtain a financial settlement for you. If you don’t win, we won’t get paid a legal fee.