Entries in the 'Car Accident Settlements' Category ↓
March 9th, 2010 — Car Accident Settlements, Profiles
Louis N. “Mike” Joynes, II
Managing Partner
www.joyneslaw.com
1-866-943-8612
Profile
Born: 1958, Norfolk, Virginia
Education:
- The College of William and Mary, Marshall-Wythe School of Law, Williamsburg, VA, 1985, Masters of Law (Taxation)
- Mercer University Walter F. George School of Law, Macon, GA, 1984, Doctor of Jurisprudence
- Hampden-Sydney College, Hampden-Sydney, Virginia, 1981, Bachelor of Arts, Economics
Practice Areas:
- Plaintiff personal injury
- Automobile accidents
- Trucking accidents
- Catastrophic accidents and injury
- Head and spinal cord injuries
- Wrongful death
- Boating accidents
- Construction accidents
- Animal mauling
- Dog bites
- Slip and fall accidents
- Consumer bankruptcy
- Chapter 7 and 13 bankruptcy,
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- Workers compensation
- Social security
- Disability
- Family law
- Divorce
- Child custody
- Child support
- Visitation rights
- Criminal Law
- DUI/DWI
- Drug offenses
- Felonies
- Misdemeanors
- Assaults
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Memberships:
Admissions:
- Virginia, 1986
- U.S. Court of Appeals 4th Circuit, 1986
Keywords: Norfolk injury lawyer, Norfolk Bankruptcy Laws, auto accident lawyers in Norfolk
March 4th, 2010 — Car Accident Settlements, Settlements
Tallahassee Personal Injury Lawyer William Waters law firm Waters & Associates, P.A. has won a settlement for $100,000 policy limits received within thirty (30) days of accident for a knee injury caused by a truck/auto crash for one of his clients.
March 3rd, 2010 — Car Accident Settlements, Personal Injury Settlements, Verdicts
Bhaggy v. Piccirillo. Docket # PAS-L-12-08. Passaic County Court House. Honorable Garry Rothstadt. February 16 – February 18, 2010.
On November 21, 2006, Patrice Bhaggy (plaintiff) made a legal left-hand turn at a traffic light in Clifton, NJ. At the same time, Piccirillo (defendant), unable to stop in time, collided with Bhaggy, resulting in injuries to Ms. Bhaggy’s neck and back. Although her property damages were limited, her physical injuries included disc bulges in her cervical and lumbar spine as well as a herniated cervical disc.
After two days, the jury returned the verdict for Ms. Bhaggy in the amount of $100,000 with a 90/10 liability split, in favor of Ms. Bhaggy. According to Judge Rothstadt, this was the first Verbal Threshold verdict in favor of the plaintiff in Passaic County in the last three years.
For help with your personal injury case or medical malpractice lawsuits in NJ, contact the NJ personal injury lawyers at The Law Offices of James C. DeZao.
March 3rd, 2010 — Accident Settlements, Car Accident Settlements, Personal Injury Settlements
Faust v. Bellingham Moose Lodge No. 493, Wash., Whatcom County Super. Ct., No. 03-2-00859-8, Oct. 21, 2005
In a dram shop case resulting in death, broken bones and permanent spinal fractures, ATLA member and NJ personal injury lawyer, James C. DeZao, helped the victim’s family reach a settlement total of $14.01 million.
When Hawkeye Kincaid’s vehicle collided head on with Chris Faust’s vehicle, Kincaid’s BAC level had been close to 0.32. Kincaid died shortly after the accident. Chris Faust, his mother Bianca, and sister, Biana Mele, suffered injuries ranging from broken bones to spinal fractures. All three required several months of hospitalization, rehabilitation and multiple surgeries.
With the help of ATLA member, Steven J. Chance, as local counsel and an additional private investigator, DeZao was able to get justice for Chris’s family. The jury ruled against the lodge for serving alcohol to Kincaid while he was drunk and for letting him get into the car. DeZao successfully pieced together the events of the night by following through with leads, tracking down outside sources and countering potentially damaging testimony with evidence of witness inconsistencies.
According to James C. DeZao, “Bars should be more careful in their service of alcohol because it can be a dangerous instrument…I hope this case sends a message in that regard”.
The Law Offices of James C. Dezao have successfully handled personal injury, auto accidents, medical malpractice in NJ and other injury litigation cases in New Jersey and Morris County. Contact the NJ personal injury attorneys for a free consultation at 800-675-2604.
March 3rd, 2010 — Accident Settlements, Car Accident Settlements, Personal Injury Settlements
There are more personal injury claims filed related to car accidents than any other type of personal injury. According to the National Highway Traffic Safety Administration, someone is killed in a car accident every ten seconds.
Negligence is a key factor in proving liability for a car accident. A person who negligently operates a car, or other vehicle, may be required to pay any damages caused by their own negligence, whether damages of injuring someone or for damaged property.
A number of factors considered to be negligent may include, but are not limited to the following:
Driving too fast or too slow
Driving while intoxicated (DWI)
Failing to signal lane changes or turning onto a different road
Disregarding weather or traffic conditions
Disobeying traffic signals
Failing to drive on the right side of the road
A driver may be liable for damages caused by his or her intentional or reckless actions. A reckless driver is one who drives unsafely with willful disregard for the likelihood that he or she may cause an accident.
In some cases, accidents are caused through no fault of any particular driver. For example, an automobile manufacturer or supplier may be responsible for injuries caused by a defect in the automobile, or a component of the automobile. A product liability suit is a lawsuit brought against the manufacturer of a product for selling a defective product that caused injury to a consumer or user. The manufacturer is liable for any injuries caused, regardless of whether or not the manufacturer was negligent.
If a mechanic fails to properly repair a vehicle, and the failure causes an accident, the person who improperly repaired the automobile, and the repair shop, may be liable for any injuries that occurred in the accident. Other factors that may contribute to causing car accidents include, but are not limited to the following:
Poorly maintained roads
Malfunctioning traffic control signals
Improper highway design or maintenance
Construction hazards
Improper signs
Poor lighting
Highway defects
Improper striping on the road’s passing lanes
Sharp obstructions
Roadway problems obstructing drivers’ vision
Poorly placed trees or utility poles
March 2nd, 2010 — Car Accident Settlements, Personal Injury Settlements, Truck and Trucking Accident Settlements
How has Personal Injury Litigation in Illinois Changed Over the Years in Illinois?
As any society changes, the laws that govern that society must also change. Naturally, greater shifts in the attitudes of a society lead to greater shifts in its laws. The laws surrounding Illinois personal injury litigation are no exception to this rule.
Technology and injury litigation in Illinois
Like the rest of society, law is influenced by technology. One such example of this is the role played by personal electronic devices in accidents. Litigators across the nation are working to define how cell phones and other such devices cause accidents, in ways that can be enforced and scrutinized by courts.
Chicago in particular has chosen to focus on driver impairment in its cell phone and texting laws, meaning drivers will be found liable for accidents caused by their distraction while talking or texting behind the wheel.
Public opinion and personal injury settlement in Illinois
Sometimes, specific and notorious news events lead to changes in the law.
Since the nineteenth century, a dram shop law in Chicago extended liability to owners of establishments that served alcohol to a person whose drunkenness later led to the injury of a plaintiff. However, this law did not extend to private social functions.
In 2003, when a drunken high school brawl led to a public outcry, the issue was revisited. The Drug or Alcohol Impaired Minor Responsibility Act makes an adult who intentionally provides drugs or alcohol to minors strictly liable for any injuries caused by the intoxicated minor. Furthermore, this act allows almost unlimited damages in an injury settlement in Illinois.
If too many lawsuits lead to excessive personal injury settlements in Illinois, public reaction can sway against personal injury attorneys. For example, in 2004, such opinions led the Illinois State Assembly to cap non-economic damages for medical malpractice at $500,000 against doctors and $1 million against hospitals.
Sometimes, the law responds to a long-term problem that was recently revealed. Accusations of abuse against Roman Catholic priests and the discovery of many adults claiming such abuse led to such a change in Illinois personal injury litigation. Illinois law recently suspended the age limit in select circumstances with regard to people levying accusations of child sexual abuse. This allows more lawsuits, since the law now allows time for accusers to remember and recognize abuse from their youth.
Personal injury lawyers in Illinois
Clients need lawyers, because no layperson can keep abreast of the constant changes in civil law. But if the law itself is complicated, the changes in our society increase the complexity of personal injury law.
If you need an experienced Illinois personal injury attorney, contact the Illinois injury lawyers at Sam C. Mitchell & Associates today at 1-618-932-2772 and start down the road to recovery.
Sam C. Mitchell & Associates
115 1/2 East Main Street
West Frankfort, Illinois 62896
888-899-1458
February 25th, 2010 — Car Accident Settlements, Personal Injury Settlements
What should I do if I have been in an accident?
If you have been in an automobile, bus, truck, tractor-trailer, or motorcycle accident, there are some initial steps you should take to protect your rights, such as the following:
- Contact the police
- Get necessary medical attention
- Get the names, addresses, and phone numbers of the other drivers, vehicle owners, and potential witnesses involved
- Obtain insurance policy information from the other drivers involved
- Take photographs of the accident scene, such as the road conditions, position of the cars, damage to your vehicle, and any weather and lighting conditions
- Notify your insurance company of the accident, particularly if there was significant property damage or you had to seek medical attention
If I suffer a serious injury from an accident, are my medical expenses covered?
Illinois requires motor vehicles registered in the state to have minimum amounts of liability insurance in the following amounts:
- $20,000 in bodily injury coverage per person per accident
- $40,000 in bodily injury coverage for two ore more persons per accident
- $15,000 in property damage coverage
If your expenses exceed the policy’s coverage amounts, you may be able to sue if the other driver was responsible for causing the accident. A qualified personal injury attorney can meet with you, evaluate your case, and advise you whether you should file a claim against the other driver.
Sam C. Mitchell & Associates
Illinois personal injury law firm
115 1/2 East Main Street
West Frankfort, Illinois 62896
888-899-1458
February 24th, 2010 — Car Accident Settlements, Personal Injury Settlements, Truck and Trucking Accident Settlements
A simple fact about law is that, as society changes, the law must also change in order to fulfill its function as a mediator in our civic relationships. For example, in the United States, technology is not only changing society, but it is also changing law, the way law is practiced and the way litigation is presented. Legislation is rewritten to accommodate for the changing economy and demographics. As institutions change, the laws governing their operation and how individuals interface with them must also change.
The following discusses some examples of how accident litigation in Illinois has changed over the years.
Drug & Alcohol
- Since 1872 – Chicago’s “dram shop law” extended liability to owners of establishments that served alcohol to someone whose drunkenness led to injury of a plaintiff. As a result, the possibility of liability has made restaurant and bar owners more alert to their customers’ behavior. However, because there was no social host liability recognized under the law, in 1995, the Illinois Supreme Court concluded that courts would not determine that adults should be liable for providing alcohol to minors.
- Then, in 2003 – As a result of a drunken brawl among high school girls, questions erupted about the responsibility of parents who allow their minor children to drink in private settings. These questions contributed to The Drug or Alcohol Impaired Minor Responsibility Act, which makes any adult who intentionally gives drugs or alcohol to minors strictly liable for any injuries the intoxicated minor causes.
Medical Malpractice
- Too many lawsuits and the exploitation of negligence, incompetence and deliberate wrong-doing liability led to the 2004 ruling by the Illinois state assembly to cap non-economic damage awards for medical malpractice at $500,000 for claims against individual doctors and at $1 million for claims against hospitals.
Motor Vehicle & Other Accidents
- Today, not only in Illinois, but also in states all over the nation, lawyers and legislators are constantly trying to assess the role that personal electronic devices play in motor vehicle and other accidents. Chicago has focused on driver impairment in crafting its cell phone and texting ordinances.
- The economy sometimes drives accident litigation in negative ways. Although the law allows truck drivers to work only a certain number of hours at a time, the high demand to deliver goods quickly works against the law. The Chicago Tribune described the situation with the statement: “Long hours, chaotic schedules and exhausting work conditions make for a potentially lethal formula –for truck drivers and everyone else on the road.” Yet, the powerful trucking industry fights both the regulations as well as allegations of liability in accidents.
Abuse
- Recently, the allegations of abuse by Roman Catholic priests, and the resulting discovery of so many adults who claim they were abused caused Illinois law to suspend the age limit in certain circumstances for people who accuse others of sexual child abuse. Adult accusers can now remember the abuse and file suit for abuse.
The bottom line is that accident litigation in Illinois has become stunningly complex. It is essential for clients to have lawyers who keep up with the constant changes in civil law. For information regarding personal injury lawsuits, car accidents or automobile accident attorneys in Chicago, contact the experienced Chicago personal injury lawyers of Ronaldson & Kuchler.
February 24th, 2010 — Car Accident Settlements, Personal Injury Settlements
The number of motor vehicle accidents in Chicago is not a small one. Certainly, the costs are big, whether those accidents mean property damage, injuries, lost wages, divorces, medical bills, foreclosures, therapy and rehabilitation charges, re-education tuition, unemployment benefits, stress and emotional trauma, or lost lives.
Learning about these numbers may cause a driver to operate a little bit more carefully next time within Chicago’s streets. This could mean remembering the three pedestrians killed in 2007 and not exceeding the speed limit, handing the keys over to a friend after drinking or giving the tractor trailer or cyclist just a little bit more space.
Here are some statistics according to the Illinois Department of Transportation’s Division of Traffic Safety Statistics (2007):
- In greater Chicago, there were 120,892 motor vehicle crashes involving, predictably, almost twice as many vehicles (240,397)
- Drivers in 103,090 of these 2007 accidents reported property damage to the Illinois DOT
- The total number of ground transportation injuries in Chicago in 2007 was 24,612; nearly 3000 were extremely serious
- Crashes described as “fatal” numbered 164 in Chicago in 2007. There were 191 human lives lost in those crashes.
- 162,664 of accidents involved passenger vehicles – most occurred on city streets (65,751) or unmarked urban highways (32,457)
- Most Chicago motor vehicle accidents in 2007 involved people between 25-29 years (10,348 female; 14, 535 male). The US Center for Disease Control counts automobile accidents as the primary cause of accidental death among young men. Chicago accident statistics follow that trend: Most fatal accidents involved men ages 22 through 39
Although these statistics are from a couple of years ago, the numbers have not likely changed much. As the population in Chicago grows, more people will mean more cars, which unfortunately means more accidents. And even if the numbers have changed, there can never be a “good” number for the amount of wrecks. Any one injury is enough to matter. One death as a result of a motor vehicle accident is unacceptable.
The experienced car accident lawyers in Chicago are available to answer any questions you may have about auto accident injuries, personal injury law or how to file a personal injury lawsuit. Our Chicago personal injury attorneys can represent your case successfully.
February 23rd, 2010 — Accident Settlements, Car Accident Settlements, Settlements, Slip Fall Settlements, Verdicts, Workers Compensation Settlements
In June 2003, plaintiff Hector Guzman, age not given, was working at Gem Pavers Systems, Inc. when he was crushed between a conveyor belt and a lift used to move pallets of stone. The machine missed a pallet of stones and instead seized Guzman. Guzman sued manufacturer Rosacometta U.S.A., Inc. and Rosacometta S.R.L., on a products liability theory, claiming design defect. Guzman claimed the defect was that it was so loud when in operation that it violated OSHA safety standards regarding noise. It also violated OSHA rules regarding operator visibility. As the operator of the machine could not see or hear Guzman, he was unable to prevent him from being crushed.
The defense denied liability, maintaining that the machine was up to code and safe to operate. Guzman was immediately taken to Jacksonville Memorial Hospital. As a result of the accident, Guzman had his abdomen from his sternum to his pelvis torn open, and he suffered from internal and external scarring. He was hospitalized for 22 days and required wound care for a year. Guzman was unable to return to work for three years after the accident. Also, he remained unable to play with his two small children, ages 1 and six months at the time of the accident, for a significant period of time. A jury found in favor of Guzman and awarded him $2,404,000.
Plaintiff Attorney:
Ronald D. Rodman, Esq.
Friedman, Rodman & Frank, P.A.
Miami Accident Law Firm
3636 W. Flagler Street
Miami, Florida 33135 Florida