Transcript: A number of factors can make or break your case when you have collided with a parked stalled or disabled vehicle. What caused the driver to leave his or her vehicle in a dangerous position? Was the vehicle stuck or disabled or did the driver deliberately leave the vehicle could the accident have been avoided if the driver of the stopped vehicle had picked a safer location to stop? What type of warning signal, if any, did the driver turn on or place on the roadway? Did a curve, hill, bad weather or other visual impediment affect the view of approaching motorist? Were you speeding inattentive alcohol impaired or using defective or poorly adjusted equipment? Did you have a last chance to avoid the accident? Did any statutes or signs prohibit the other driver from stopping or parking where the accident occurred? If you want help analyzing your collision with a stopped vehicle please fill out the case evaluation form on this website.
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Transcript: The overriding factor in pedestrian cases is whether you were walking in a crosswalk when hit. If not, the insurance company and its defense attorney will present a jaywalking defense and obtaining a favorable settlement or verdict will be difficult, but not impossible. The following liability factors should be examined carefully when assessing an auto versus pedestrian case. Reason to jaywalk, governing traffic code, length of walk signal, available light, visibility of clothing, driver statements, pedestrian statements, witnesses, driving speed, driver knowledge, weather conditions, mechanical defect, impeded view, tardy driver, child victim. If you want help analyzing your pedestrian accident please fill out the case evaluation form on this website.
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Transcript: Most truck accidents cause serious injuries because of the weight of the truck and the resulting force at impact. Nonetheless, truck accident cases frequently face several obstacles to successful resolution. Insurers often use their better and tougher adjusters in truck accidents and those adjusters can take a hard line during settlement negotiations. Witnesses often sympathize with truck drivers. Trucking companies and drivers sometimes falsify or lose records that could help your case. You likely face several opponents, all of whom will be trying to pin some blame on you. Investigation must begin promptly in truck accident cases. You will be at a disadvantage if months have passed between the accident and you retaining an attorney. Potential areas of liability, which should be considered in every truck accident, are: excessive speed, violation of safety regulations, defective equipment, visibility, inexperience, overloading, improper parking, unsafe turn. If you want help analyzing your truck accident, please fill out the case evaluation form on this website.
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Transcript: Stairway fall cases can be challenging. Jurors often see the plaintiffs as partially negligent and it can be difficult to determine or recreate exactly how the fall occurred. The following factors will help determine whether liability is strong in your stairway fall case. Do you see anything irregular or uneven about the stairs like varying width depth or Riser height? Loose handrail? Worn surface? Defects in the nose? Did a loose object on the stairway cause the fall, such as a roller skate a golf ball, a tool. Was the stairway poorly lit? Were any changes made to the stairway after your fall? What were you doing immediately prior to the fall? Were you carrying anything? Talking? looking elsewhere? Mentally distracted? On your cell phone? Performing any act that may alter the liability situation? Did you have anything to drink or take any drugs before your fall? Do you have an impairment that may have made you more susceptible to a stairway fall? If you want help analyzing your stairway fall accident, please fill out the case evaluation form on this website
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Transcript: Four key issues are present in most inadequate security cases. Did the property owner or manager have actual or constructive notice of the potential harm to you, the victim of the crime? Was the crime foreseeable? Was the crime preventable? How many, if any, prior similar crimes have taken place at the same location? Getting more specific if the crime occurred in a residential setting, such as an apartment or a condominium complex. Did the property owner or manager: Negligently hire or retain a violent employee? Fail to repair a lock, fence, light or other security device that could have protected you? Have an opportunity to warn you of the potential danger? Failed to maintain or provide security measures that are required by the terms of your lease? If the incident occurred at a commercial establishment like a restaurant, was the lighting sufficient? How many other criminal acts have taken place at that location? Should security cameras have been available? Were employees trained to deal with potential assaults? Did they have the opportunity to head off or diffuse the situation? If you want help analyzing your premises security case, please fill out the case evaluation form on this website
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Transcript: Cases involving children can be difficult. The child may not be a good witness, insurers sometimes refuse to settle if negligence by the child or parent was a contributing cause, and a judge needs to approve any settlement. The following factors should be examined when a child is the victim of an accident. How strong is liability? How good are the liability witnesses? Can your child explain the incident? Was there parental negligence? What is the medical situation? If your child has been injured and you want help evaluating the case, please fill out the case evaluation form on this website.
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Transcript: Food poisoning cases require a credible victim and adequate medical support. Insurers will require Clear Proof of causation. An experienced injury attorney will consider these factors when evaluating your case: Are you believable? Are the witnesses credible? Do you have an employee on your side? What is the timing? Was the problem actually an allergic reaction? What were the symptoms? What did you consume beforehand? What are the injuries? How good is your medical support? Are your expectations reasonable?
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Transcript: Intentional torts come in a wide variety of case types including: defamation, malicious prosecution, false imprisonment, assault and battery, abuse of process, tortious interference with contractual rights, trespass, intentional misrepresentation, and invasion of privacy. Proving liability is the first hurdle, however, it is important to also consider damages. the defendant’s ability to pay, and party credibility. Intentional tort cases often have the element of the bad defendant but damages may be difficult to prove, especially in cases of defamation, malicious prosecution, abuse of process, and false imprisonment. The most attractive cases involve assault or false imprisonment against commercial establishments. A good intentional tort case will have clear liability and either a wealthy defendant or an element that brings the case under the perpetrator’s insurance. Important factors to consider when evaluating these cases are: identity of the defendant, agency and authority, conduct, witnesses, place of occurrence, your conduct, alcohol or drugs, admissions, criminal prosecution. If you want help evaluating your intentional tort case please fill out the case evaluation form on this web website.
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