Top Hispanic Attorney Saint David

Saint David Arizona Hispanic Attorney

Attorney Injury Personal

We take pride in providing the level of attention you would expect from a family-owned, family-oriented Saint David law firm. We treat every one of our clients with the same level of care and attention that we would expect if we were facing your same situation. Regardless of whether you have suffered bumps and bruises in a car accident or have been paralyzed by an act of medical malpractice, the personal injury attorneys and staff at Abogados Espanoles in Saint David will make it clear that we care about you. We’re on your side. Contact us to arrange a free consultation to talk about how we can help.

The law requires negligent drivers and their insurance companies to pay fair compensation to innocent victims for all of their injuries and losses. The Saint David Hispanic Attorney at Abogados Espanoles provide honest, aggressive and compassionate help to all their clients who have been injured in car crashes. Please contact our office today to speak with one of our car accident lawyers. There is no charge for the initial consultation and there is no charge for any attorney’s fees unless we win your case for you.

 

Understanding Negligence in a Medical Malpractice Claim

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When an individual files a personal injury lawsuit against another person, company, or organization, they are usually seeking some sort of award or compensation for injuries they claim to have suffered as a result of the defendant's negligent, reckless, malicious, or illegal behavior. These awards, collectively known as damages and generally consisting of some sort of monetary compensation, are the legal system's way of addressing the wrongs done to a plaintiff.

Though legal systems around the world differ on the issue of lawsuit damages, the United States legal system breaks awards down into two major categories: compensatory damages and punitive damages.

Compensatory Damages

Punitive damages are the subject of intense controversies, including the ever-prickly topic of tort reform. The publicity associated with high-profile, high-awards personal injury lawsuits have given the exaggerated impression that punitive damages are always excessive and unjust. Though it is true that some punitive damages awards have been very high, in reality, punitive damages are quite limited, in both theory and practice. The US Supreme Court has imposed several limits on punitive damages, and has suggested that even a ratio as low as 4:1 between punitive and compensatory damages could be a violation of the Constitution's due process clause.

How personal injury lawyers are paid?

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Accident lawyers deal with a number of cases that stem from auto accidents to accidents on the job. Auto accident lawyers defend their clients rights and must know a plethora of laws that protect people, such as workmans compensation rights. Lawyers can work with insurance companies, to ensure claims are processed properly and to guarantee the victim gets all benefits they are owed.

Accident lawyers, specifically car lawyers, take care to provide the best service to the victim. Whether the person suffered from a dog bite or was struck in an auto accident, accident lawyers are on the side of the victim. Accidents occur every day and everywhere, and accident lawyers must be prepared to handle large caseloads. There are a number of people that get involved in accidents and do not seek the help of a lawyer, but it is probably best to do so in order to ensure all rights are given.

It is always best to take care, whether it is while driving, working, etc to avoid accidents. Processing an accident claim can be a draining experience, not to mention the recovery time it takes to heal if injured. But knowing that a lawyer would help in part of the process can allow the victim to rest and take care of him- or herself. Accident lawyers are there to help and make the process as easy as possible.

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"Should I tell them about my pre-existing condition?" "Will it hurt my case?" are questions injury clients often ask.

You don't want to hide anything about your medical history from the other side. First, you have an obligation to share the information. Second, a preexisting condition that is aggravated can mean more compensation than if you were completely healthy before the accident.

Take the case of Shannon whose car was struck from behind while sitting in traffic. There was no visible damage to her Toyota Supra. Ordinarily a low property damage case like this one would not be worth much.

However, she began to feel pain in her neck right after the accident and was taken to the emergency room. A CT scan revealed that a preexisting disc injury had been aggravated. Eventually Shannon required surgery.

When Shannon's lawyer presented a claim to the at-fault driver's insurance company they made no offer at all. This is often the case in accidents with no visible car damage.

After a lawsuit was filed and a trial date was set the insurance company settled the case for a significant amount.

Workers Compensation

These rules also apply to workers compensation cases. The rule is well established that when an industrial accident lights up or aggravates a pre-existing deficiency or disease, the aggravation is compensable as long as the industrial accident was the medical and legal cause of the injury.

Conclusion

Knowledge of the law of pre-existing conditions is a "must know" area for anyone handling an injury case. Be sure to research and understand the principles as they apply in your state.

Disclaimer

This article is provided for informational purposes only and is not intended to take the place of competent legal advice from an experienced injury attorney in the state where you live.


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