Getting injured is one of the most frustrating and devastating events. Though many of us try our best to remain safe, accidents and injuries can still happen. We hope that our accidents are always minor, but unfortunately, that isn’t always the case. Occasionally a large injury occurs, and we require more involved medical help.
What many people don’t realize is that medical treatment isn’t always the patient’s responsibility. In many cases, another person, establishment, or insurance company is responsible for paying for the damage. These situations are called personal injury cases, and they fall under the umbrella of personal injury law. Our firm focuses on these cases to ensure that individuals who are wrongly hurt do not have to be held financially responsible for the damage.
Jeremy Rosenthal: Your Personal Injury Attorney
Here at the Law Firm of Jeremy Rosenthal, we pride ourselves on fighting for those who have been injured. For over a decade, Jeremy Rosenthal and his associates have been fighting for justice and reparations for those who have been hurt. We understand how devastating injuries can be and how quickly medical bills can pile up and become overwhelming. We have seen many families put themselves into debt paying bills that they shouldn’t have had to pay in the first place.
We are passionate about ensuring that your injury does not further damage your life. Though we cannot bring back your health and wellness, we can make sure that you have the financial support to afford the best treatment. We work diligently—both inside and outside the courtroom—to build your case and provide you with the support that you need.
What Is Personal Injury Law?
Personal injury law is an extremely wide section of the legal system. These cases look different from situation to situation, but they always involve a person being hurt because of the ignorance, negligence, or malice of another person. The law says that other people do not have the right to harm us. If they fail to follow these laws, they can and should be subject to be financially responsible for the consequences. If someone hurts you because of illegal or negligent action, they need to pay the medical bills and loss of income that result.
Personal injury claims occur in a number of different ways. Some common situations that warrant personal injury claims include:
- Car accidents
- Slip and fall accidents
- Premises liability
- Dog bites
- Medical malpractice
- Sexual assault
- Workplace injury
- Wrongful death
Remember, anytime someone else acts illegally and causes you serious injury, you are likely entitled to a settlement. Personal injury law allows you to seek reparations for the damages that another person caused.
Why Do I Need A Golden Personal Injury Lawyer?
Fighting for a settlement for a personal injury claim can be very complicated. There are a lot of moving parts, and the process is often very involved. At the same time as your case is getting underway, you will be healing from your injury. Oftentimes, the injuries that occur in these cases are extremely serious and require your full time and energy. Even if you are relatively stable, the added stress of building your own case can hinder your progress. It is best if you focus on healing and recuperating and allow a Golden personal injury attorney to build your case for you.
What’s more, it is important to remember that the legal system is very complex. Your opposition will almost certainly have legal representation—especially if they are a large insurance company or corporation. Fighting attorneys without legal training is difficult, and most individuals who try to represent themselves end up losing.
Types Of Personal Injury Cases
As mentioned, there are several types of personal injury claims that can occur. It is important to know a bit about each one so that you can recognize a case when it arises.
Car accidents occur all the time. Sometimes they are caused by unavoidable circumstances or are simply no one’s fault. However, other times, a driver causes an accident by acting negligently or illegally and failing to drive correctly. Some example scenarios include:
- Texting or talking on the phone while driving
- Driving under the influence of alcohol or drugs (DUI)
- Driving while fatigued
- Failing to follow posted road signs or traffic laws
- Driving recklessly
- Engaging in road rage behavior
- Driving without a license
There are many more ways that a driver can hurt others with their negligence. In these situations, a car accident attorney should help you achieve compensation for the damage.
Premises liability and slip and fall accidents are closely linked. These events occur when a public place such as a restaurant, store, or theater fails to properly maintain its facilities. There are safety standards that these locations must meet, and it is detrimental to the public if they fail to do so. If something is broken, in the way of the footpath, wet, uneven, or otherwise hazardous to basic traffic patterns, the facility must post clear signage or will be liable for damages.
Dog owners have the responsibility to keep their dogs from hurting others. This means putting a leash on them in public areas, properly keeping them on the property when at home, and restraining them when guests enter the house. If a dog owner does not adequately restrain their dog and the dog bites a person or another animal, the owner is responsible for the damage.
Many people believe that a dog will be euthanized if they report their dog bite injury, but this isn’t always the case. Many times, a first-time offense is not cause for concern. Reporting your injury simply holds the dog owner financially accountable.
When you enter a doctor’s office, clinic, urgent care, emergency room, or hospital, you expect to be cared for. In fact, all doctors take an oath to heal and not harm the people that they treat. Unfortunately, things don’t always go this way. Many times, doctors, nurses, pharmacists, and other medical professionals make grave errors that cause immense pain and even death.
Some examples of medical malpractice include:
- Prescribing surgery, medicine, or treatment that is not necessary.
- Failing to diagnose a condition despite the evidence.
- Operating on the wrong area of the body.
- Leaving tools or medical equipment inside the body following surgery.
- Neglecting to care for the personal hygiene and wellbeing of hospital patients.
Any one of these can cause immense pain and suffering, for which the patient needs to be rightfully compensated.
As human beings, we have the right to bodily autonomy. This means that others cannot engage in sexual activity with us if we do not consent. Unfortunately, this doesn’t always stop people. If you have been sexually assaulted in any context, you have the right to fight for compensation for your medical bills, plus pain and suffering.
Workplace Injury and Wrongful Death
Workplaces have the responsibility to keep their workers safe. There are many rules that they have to follow and steps that they have to take in order to ensure safety to the best of their ability. If they do not do this and someone gets hurt, they are absolutely liable. Some basic requirements of workplaces include:
- Providing safety training
- Providing safety equipment
- Ensuring that individuals operating heavy machinery are licensed
- Allowing for breaks and lunches
- Posting OSHA regulations, so employees know their rights
- Maintaining equipment and facilities
In some extreme cases, a business’s negligence in one of these areas causes a worker to die. In these cases, a wrongful death case is appropriate. These cases demand that the workplace pay for funeral costs, future wages that have been lost, pain and suffering, and more.
Proving Negligence In A Golden Personal Injury Case
One of the biggest hurdles that you will face in personal injury cases is proving negligence. Remember, these cases require that the defendant did not follow their basic responsibilities when they caused an injury. This means that your attorney will need to show the court that this occurred to seek reparations.
Your attorney will do this in a few different ways. It is a combination of these tasks that allows them to prove your case in court. They will:
- Collect evidence such as surveillance footage, accident reports, photos of the scene, etc.
- Collect eyewitness statements from those who saw the accident occur
- Ask for medical records to cross reference the injuries
Your lawyer will then show the court how negligence has occurred and fight for your right to compensation. No single amount of evidence or testimony will be sufficient to prove the case. Eyewitness statements can be skewed or misremembered, while evidence alone doesn’t always give a clear picture. Your attorney needs to assemble multiple forms of proof to hope to win your case.
What Percentage Do Most Personal Injury Lawyers Take?
Every personal injury attorney and firm is different, and there is no magic amount that an attorney will take. It is important to have a conversation with your attorney about finances before you hire them. Though you may feel awkward, attorneys are well-versed in discussing their fees openly and honestly. If you have the conversation ahead of time, you can budget your money and can determine if the attorney is right for you or not. It is best to learn this ahead of time, rather than making your way through the case only to find that you can no longer afford their services later.
Many people are concerned about the cost of hiring a personal injury attorney to represent them. What they don’t realize is that a personal injury attorney will likely make them money. When you hire a personal injury attorney, your settlement will likely be much higher than if you try to go through the process alone. We understand what we can fight for and when the defense is trying to settle to save themselves money when they really should pay more.
What To Expect From Your Injury Lawyer
It is important to have standards and expectations about your personal injury attorney. This ensures that you feel good about working with them and have a good chance of winning your case.
Primarily, you should feel comfortable with your attorney. Injuries are vulnerable situations, and you will need to recount the story of your accident multiple times. You must feel as though your attorney listens to you and doesn’t make you feel embarrassed or ashamed in any way. They should be patient, understanding, and kind while you work through the process together.
You should also expect that your Golden personal injury lawyer has direct experience in cases like yours and has been successful with them. Not all personal injury cases are the same, and the training does not always translate. For example, if you are fighting a medical malpractice case, a car accident attorney will not be the best candidate.
Some attorneys have a wide range of personal injury experience, while others have a niche focus. Be sure to ask your attorney about their background and find someone who has experience fighting your type of personal injury case.
Settlement vs. Litigation in a Personal Injury Claim
Personal injury cases can proceed in one of two ways. In some cases, the case settles outside of court. This means that the defendant agrees that they have caused harm and accepts the terms of your demands. Though there might be a bit of negotiation between attorneys, settlement often occurs when the case is clear and straightforward. Litigation is the second option and occurs when the attorneys do not agree upon the fault of the injuries. In these situations, the case is brought before a judge and jury to determine who is in the right.
Talk to an Attorney About Your Injuries Today
If you are facing a personal injury in the Golden area, you need to find an attorney who can help you. Our team has vast experience in this field and is ready to represent you. Contact us today to begin.