Personal Injury Lawyers Advocating for Your Rights

Car Accidents

People who have been hit by a careless driver have legal options to explore. Many accidents result from behaviors such as distracted driving, drunk driving, speeding, or failures to yield at intersections. A victim of a crash can pursue compensation from the responsible driver for damages such as past and future medical expenses, lost income and earning capacity, property damage, scarring and disfigurement, and pain and suffering. To receive these damages, a personal injury attorney would try to prove that the defendant acted negligently. This means that they failed to use reasonable care under the circumstances and that the victim was harmed as a result. For example, if a driver ran a red light and struck the victim’s car in a side-impact accident, these events likely would support a successful claim. It is important to bring your claim within the statute of limitations for personal injury cases. Unless an exception applies, you will not be able to pursue legal action outside this time period.

Truck Accidents

While ordinary car accidents can cause substantial harm to victims, truck accidents can be even more devastating. Tractor-trailers and other big rigs can weigh up to 80,000 pounds and crush smaller vehicles in their path when they are not operated safely. Many federal and state regulations apply to the trucking industry, such as hours of service rules that are meant to prevent driver fatigue on the road. A violation of a regulation or another rule may give rise to a claim of negligence per se, in which evidence of the violation creates a presumption that the driver was negligent. In many cases, trucking companies also may be held liable for a crash. A victim can hold a company indirectly liable for careless actions by employees in the course of their job duties, and a company also can be held directly liable for its own negligence. A personal injury attorney at Smith & Jones can help you investigate whether a trucking company may have failed to properly supervise its drivers or may have overlooked red flags in the hiring process.

Motorcycle Accidents

Drivers often fail to notice motorcycles because of their smaller profile, and some people may fail to respect their right to use the road. When this happens, riders may suffer injuries that change their lives forever. Sometimes, defendants and their insurance companies will argue that a motorcyclist was partly at fault for an accident. If this happens, their damages award would be reduced according to their percentage of fault. If you were 30 percent at fault for causing a motorcycle accident, you could recover up to 70 percent of your damages from a defendant who bore the remaining responsibility. At Smith & Jones, we can help you hold a careless driver accountable to the full extent of the law.

Bicycle Accidents

Similar to motorcycle riders, people on bicycles are especially exposed to the impact of a blow from a car or truck. Bicycle accident victims may be thrown from their bike onto the roadway, causing them to suffer brain trauma, neck fractures, spinal cord injuries, and other devastating harm. Our attorneys can advocate for your right to receive all of the damages that you are due from a careless driver or other parties. In some cases, a city may be liable for the negligent design of a bike lane, or a property owner may be liable for failing to maintain their property in a way that permits adequate visibility. We can look into the circumstances that caused your crash and bring each party responsible into the litigation.

Premises Liability

Just as drivers are expected to use reasonable care behind the wheel, businesses and other property owners are expected to take reasonable steps to maintain their property in a safe condition. If they fail to do so, a victim can bring a premises liability claim with the assistance of a personal injury lawyer. They generally would need to show that the property owner had actual or constructive notice of the dangerous condition on the premises that caused the fall in which they were hurt. For example, if a grocery store fails to clean up spilled food for several hours, or if a hotel fails to repair a broken balcony railing for weeks, the store or the hotel likely would be liable for the victim’s injuries.

Construction Accidents

It is no secret that the construction industry is one of the most dangerous working environments in the U.S. While the Occupational Safety and Health Administration (OSHA) has imposed certain rules on the industry, not all property owners, general contractors, and subcontractors take them into account. Workers who are hurt in a construction accident likely can pursue workers’ compensation benefits through their employer, but this may not be their only recourse. If another party shared the responsibility for their injuries, a victim may be able to bring a third-party personal injury claim for additional damages. This allows a construction worker to potentially recover non-economic damages like pain and suffering, which are not available through the workers’ compensation system.

Medical Malpractice

Patients trust health care providers to treat them with a level of care and attention appropriate in the context of their profession. However, medical malpractice is one of the leading causes of injuries and death in the U.S. Doctors and hospitals can be held accountable for a surgical error, a misdiagnosis, or another incident of negligence that harms someone in their care. These claims tend to be especially complex and usually require testimony from at least one expert witness. The expert would explain what the defendant did that deviated from the standard of care and how this led to the victim’s harm. At Smith & Jones, we are familiar with the nuances of these claims, and we can retain a persuasive expert on your behalf.

Birth Injury

Some of the most devastating forms of medical malpractice affect children and their mothers. An obstetrician, gynecologist, or other health care provider might fail to accurately diagnose a condition, fail to promptly respond in an emergency, or exercise improper judgment in the use of tools like forceps or vacuum extraction devices. The result may be cerebral palsy, a brachial plexus injury, shoulder dystocia, or another type of birth injury that has lifelong consequences. Our birth injury lawyers understand the complex procedural rules that often apply to these cases. We can gather the evidence that you need to prove liability and illustrate the full scope of the injuries that your child suffered.

Nursing Home Abuse

We rely on assisted living facilities and nursing homes to provide the care that a cherished loved one needs during their later years. Unfortunately, these entities and their staff members too often violate their duties toward residents. News reports have shown that nursing home abuse is rampant across the United States. This may involve not only acts of neglect, such as failing to keep up with a resident’s medical, nutritional, or hygiene needs, but also criminal conduct, such as acts of physical or sexual abuse. In the most egregious cases, a victim and their family may be able to seek punitive damages from a nursing home or staff member in addition to damages to compensate them for their injuries and costs. Punitive damages are meant to punish a defendant and deter conduct that reaches a certain elevated level of culpability.

Products Liability

Each day, consumers suffer injuries from pharmaceuticals, household appliances, medical devices, and other products that were released into the market in a flawed condition. A victim can hold a manufacturer, retailer, or any other party in the chain of distribution liable when this happens. A product liability claim usually is based on a theory of strict liability rather than negligence. This means that the defendant does not need to have acted carelessly, as long as the item was defective when it left the defendant’s control. The three common types of defects are manufacturing defects, design defects, and failures to warn consumers about risks inherent in the product. Our personal injury lawyers can guide you through these claims and determine which theory of liability may apply to your situation.

Dangerous Drugs

A common example of a defective product is a drug that a pharmaceutical company failed to properly test before releasing it to the general public. In other situations, the manufacturer may have properly tested the drug but failed to warn consumers or doctors about its risks. When this happens, hundreds or thousands of people may be affected. Victims of a dangerous drug may join forces in a class action lawsuit in state or federal court if they meet the procedural requirements. At Smith & Jones, we are familiar with the complexities of these cases and the challenges of proving a manufacturer’s liability. Defendants often fight these cases fiercely, since their reputations as well as huge sums of money are at stake, but we are ready to face this challenge for you.

Wrongful Death

The most tragic accidents result in a needless loss of life. Bereaved family members should not hesitate to assert their rights against the person or entity that was responsible for a loved one’s death. By bringing a wrongful death claim, they can pursue compensation for the medical bills and funeral expenses associated with their loss. Certain family members also can receive damages based on their relationship with the victim, such as their loss of care, companionship, support, and guidance. As with personal injury claims, wrongful death claims must be brought within a strict statute of limitations, so you should take action promptly if you believe that you may have a case.

Work Injury

People who have been injured on the job or who have developed an illness because of their workplace conditions can pursue benefits through the workers’ compensation system. This provides for no-fault coverage of medical expenses, a portion of lost wages, and services like vocational rehabilitation therapy. In exchange for receiving benefits without the need to prove fault, an injured worker generally cannot sue their employer or a co-worker in a civil claim. However, they can sue other people or entities that may have been responsible for the accident. A defective piece of equipment may have caused a crushing injury, for example, or an employee may have been struck by a careless driver while they were on the job. At Smith & Jones, we can help you pursue both workers’ compensation benefits and personal injury damages, leaving no stone unturned in advocating for you.

Child Injury

Our children are especially precious to us, but they are also especially vulnerable. If they are involved in a car crash or an incident caused by a defective product, they may suffer more serious harm than would an adult in the same situation. Also, the effect of a serious accident may persist throughout a child’s life, affecting their ability to hold a job and pursue their normal everyday activities. Our child injury lawyers believe that individuals and companies should be held accountable when they fail to account for the safety of the next generation. We will treat your family with the compassion that you deserve during this traumatic time.

Dog Bites

While a dog may be their owner’s best friend, they are not always as friendly to other people who encounter them. Strict liability applies to dog bite cases, as long as the bite occurred in a public place or while the victim was lawfully in a private place. In other words, you do not need to prove that the owner did anything wrong in causing the incident. This law applies specifically to a bite and does not cover other types of animal conduct that may cause injuries, such as jumping or menacing. However, if you were injured because a dog knocked you over, for example, you still might be able to recover compensation through a standard personal injury claim.

Consult an Experienced Personal Injury Lawyer

At Smith & Jones, we understand the challenges that you are facing as you adjust to life in the aftermath of a serious accident. We are ready to navigate each step of the legal process on your behalf, from the initial investigation to settlement negotiations to any litigation that may be needed. Our attorneys offer free consultations and can visit you at your home or in the hospital. We handle our cases on a contingency fee basis, which means that we do not get paid unless we get compensation for you. Call Smith & Jones at (555) 555-5555 or contact us online to set up an appointment and find out more about what we can do for you.