Personal Injury

To hold another individual or party accountable in a personal injury case requires proving negligence. Negligence means there was a failure to provide the expected standard of care. However, several different types of negligence may apply. Comparative Negligence Comparative negligence laws allow an injured person to recover compensation even if they are partially responsible for the accident. In these cases, a percentage of fault will be assigned to each party involved, and their compensation will be reduced...

In some personal injury cases, a defendant may not only have been negligent but acted with extreme recklessness or a conscious disregard for others. This is known as gross negligence, which is much harder to prove than ordinary negligence. What is Negligence? Negligence is an individual or entity’s failure to exercise a duty of care in the same way that a reasonable person would under the circumstances. The concept of negligence is what most personal injury cases...

Gross negligence describes an action or omission that shows an extreme disregard for the health and safety of others. If gross negligence is a factor in your personal injury claim, you will likely be eligible for additional compensation known as punitive damages. The purpose of punitive damages is to punish the defendant (at-fault party) and discourage similar behavior by others in the future. Understanding Gross Negligence Individuals or entities who commit gross negligence do so with full...

A common question when pursuing a personal injury case is how long it will take to get to the mediation phase once the depositions are complete. On average, mediation takes place between nine months and eighteen months after an accident. Unfortunately, there is no solid answer to precisely how long it will take after deposition because timelines can vary for every claim. When Do Depositions Happen? Once a summons is served to the defendant (at-fault party) to...

Discovery is the formal process in a personal injury lawsuit where both parties exchange information about the evidence and witnesses that each side will present at trial. This phase gives each side a better understanding of the case's facts, so no one is caught off guard. Methods of Discovery There are several types of discoveries that take place in this phase. Interrogatories Written questions are sent from one party to the other, and they must be answered...