Those who have been injured need an advocate on their side who understands what they are going through and who can help them to protect their legal rights. The experienced attorneys at Swanson & Moors, LLC have been representing injured people to help them get the justice to which they are entitled to under the law.
Personal injury can be brought in any situation where someone is injured by the negligence of another person, company, or entity. The aim of personal injury cases is to make sure that injured victims are “made whole.” Having experienced attorneys on your side is the best way to ensure that the laws work as they should to protect you.
Compensation in Personal Injury Cases
When you are injured, a personal injury case can help you obtain compensation for both economic losses and non-economic losses. Compensation for economic damages in personal injury cases includes payment of medical costs and lost wages. In many cases, a person who suffers a catastrophic injury will be unable to work in the future or will have a reduced income because of the lingering effects of the injury. In such situations, the injured victim can obtain compensation for ongoing lost income. If the victim dies, then a wrongful death claim can be filed to help surviving family members recover the financial support they would have received if their loved one had not been killed.
Non-economic damages may also available in personal injury cases. In these situations, an injured victim can obtain compensation for their pain and suffering, loss of enjoyment of life, and lingering emotional distress caused by the injury. A surviving family member of the deceased victim may also be able to obtain non-economic damages for loss of companionship.
A motor vehicle accident describes a road vehicle colliding with another vehicle, pedestrian, road debris, or man-made object. These collisions can result in personal injury, property damage, or death. Motor vehicle accidents can involve automobiles, trucks, semi or tractor trailer trucks, delivery vehicles, passenger vans, motorcycles, etc. Contributing factors in traffic accidents can be vehicle design, speed of operation, road design, driver distraction (texting or talking on a cell phone while driving), and driver impairment (drunk driving).
Slip & Fall
Slip, trip and fall accidents are generally considered premises liability cases. These cases arise when a property owner or custodian is negligent in the maintenance, repair and upkeep of the property in question. Many states have laws that require landowners to maintain their property so that it does not present an unreasonable risk of harm to those that visit the property. Often, these laws pertain to both business owners and homeowners.
In many states, a merchant owes a duty to persons who use their premises to exercise reasonable care to keep the aisles, passageways, and floors in a reasonably safe condition. This duty includes a reasonable effort to keep the premises free of any hazardous conditions which reasonably might give rise to damage.
Premise liability cases include:
- Slip and falls at commercial establishments caused by liquids or foreign substances;
- Trip and fall incidents caused by unsafe property conditions;
- Construction site accidents; and
- Assaults by employees or business patrons
If you are injured because a property owner or a business establishment fails to provide a safe environment, you may have a right to bring a claim for various damages incurred due to your injury. These damages may include pain and suffering, medical expenses and lost wages.
When you are injured at work, you are entitled to workers’ compensation benefits regardless of fault. The workers’ compensation system was designed to make sure workers are protected financially in the event of a workplace injury. Benefits are paid by your employer’s workers’ compensation insurance. Following an injury, the insurance company will usually try to settle quickly to minimize its costs. It is imperative for an injured worker to hire an experienced worker’s compensation attorney to ensure you get the settlement you deserve.
- Medical expenses – 100% of all medical expenses are covered. No deductible or co-insurance payment is required.
- Temporary Total Disability (TTD) – If you need to be off work to heal from your injuries, you are entitled to a weekly lost wage benefit. This sum is calculated based on two-thirds of your average gross weekly wage.
- Partial Permanent Disability (PPD) – Also known as a lump sum settlement, this benefit is meant to compensate you for your injuries if you suffer from partial loss of the use of a body part. The amount of these benefits is determined by what body part is permanently impaired and how that will affect your life.
- Permanent Total Disability (PTD) – If your injury leaves you unable to do any kind of work or you lose two of the same body parts (i.e. both hands), you are entitled to benefits for life. These benefits are also based on two-thirds of your average gross weekly wage.
- Wage Loss Differential – If your injury prohibits you for doing your job and you must take a lower paying job, you may be entitled to a benefit equal to two-thirds of the difference between the average gross weekly wages of each job.
- Vocational Retraining – If you cannot return to your job because of your injury, you may be entitled to compensation for retraining in another occupation.
- Survivor benefits – If a worker is killed on the job, his or her dependent heirs are eligible for workers’ compensation benefits.
You and your family have the right to be safe from harm when you use a consumer product for its intended purpose. If you are injured, you may be eligible for compensation if the product was defective or unreasonably dangerous at the time you purchased it or if you used it incorrectly because it lacked proper warnings.
Under the concept of “strict liability,” a lawsuit can be filed without the need to prove negligence or fault if an injury is caused by a dangerous product. This makes it easier for an injured consumer to sue either the product manufacturer or the store where the product was purchased. Both state and federal laws apply to product liability cases, making it confusing at times to know the best place to file a lawsuit. This is especially true if a manufacturer operates in a number of states. The lawyers at Swanson & Moors, LLC will study the circumstances surrounding your product injury and help you collect suitable compensation.
Let Swanson & Moors, LLC Help You Today
If you or your family member has been injured, you can’t afford to pass up a free consultation with an experienced attorney. Contact Swanson & Moors, LLC today.
Swanson & Moors, LLC services all of Plymouth County, Bristol County, Norfolk County, and Barnstable County.