Peter V. Culbert

In a personal injury case, “factual allegations” allow you to tell your side of the story. Your personal injury attorney will use factual allegations to preface your case before a judge or jury. Factual allegations are more effective if they are concise and included in your initial complaint.

Financial exploitation of elders refers to unauthorized use of an elderly person’s money or property, and can be perpetrated by family members or a caregiver. If you are the victim of money or property being stolen, or identity theft, contact a personal injury attorney immediately.

A number of studies have concluded that insurers tend to offer less money to settle personal injury cases when there isn't a personal injury attorney involved.

If you have suffered bodily injury or property damage, we suggest you consult with our experienced attorneys, so we can determine whether another party could be liable for your injuries, entitling you to compensation through a lawsuit or insurance claim.

Although every personal injury case is different, looking at settlements for similar past cases can be helpful. This will give us a starting point for putting a number on more amorphous damages like pain and suffering.

Did you know it’s possible to get another person’s telephone records? That’s just one of the ways a personal injury attorney can help to establish the negligence of the other driver. For example, if phone records show the other driver was texting or on the phone at the time of the accident, that is automatically a showing of negligence in most states.

One of the most important reasons to hire a personal injury attorney is to have an expert available so you don’t make any bad decisions such as accepting an initial settlement offer because you didn’t realize you were signing away your right to any future compensation.

Have your friends advised you against going after the manufacturer of a defective product that’s caused you or your family harm? While going after a big company isn’t the easiest thing to do, we’re always up to the challenge.

Negligence is a common part of many personal injury cases, especially those that involve accidents. This can include auto accidents, motorcycle accidents, boating accidents, trucking accidents, even slip and fall accidents. The key point is that the negligent party should have taken steps to prevent the injury and accident.

Do you know the difference between compensatory damages and punitive damages? Compensatory damages are paid to a plaintiff in a personal injury suit in order to help the plaintiff rebuild to the same or similar situation as before the injury occurred, while punitive damages are meant to penalize the defendant.

Personal injury law can be tricky, as it is up to you the victim to establish that the other party was indeed at fault. We offer extensive experience in every facet of personal injury law and can help you build a strong case.

It’s important that you contact a personal injury attorney as soon as possible after the incident occurs. This will give them an advantage when it comes to evidence gathering to build your case.

When you get into a car accident, the other driver’s insurance company may not offer enough to cover your damages. If you’re not getting enough to cover your medical bills, we can help.

Not every attorney is equally skilled in particular areas. While any attorney may be able to give you simple advice, specialized training and experience are definitely the things you should be looking for.

A key part of any negligence personal injury case is proving that there was direct cause by the negligent party. For direct cause to be proven, the injury must be shown to have been caused by either the deliberate acts or the lack of action on the negligent party’s part.

If you have been involved in an accident and been injured, then the first thing that you will need to do is to file a complaint. A complaint is a formal document that describes the allegation of the defendant and notifies the courts that you are pursuing damages for injury in a court of law.

No one wants to believe that the very people charged with protecting our safety could harm us, but it does sometimes happen. If you’ve been the victim of police brutality, we may be able to help you make your case.

Know the signs of nursing home neglect or abuse. If you know someone in a nursing home who has been physically or verbally abused, suffers from poor hygiene, malnutrition, broken bones, dehydration, or other problem, call us for assistance. We can help him or her find justice.

Suing to defend your rights after an injury can be daunting- but it is the best possible way to ensure that you are made whole for all of your losses. An attorney can help you with all aspects of that process and is your best defense against the opposition.

If you suffer an injury, the very first thing you should do is seek out medical treatment. After your initials needs have been met, then you should seek legal advise as soon as you can. Cases like this usually need to be investigated quickly.

The majority of personal injury cases involve negligence, when someone failed to act with reasonable care. To prove your case, a personal injury attorney will have to prove four separate parts: Duty of care, breach of duty, direct cause, and harm.

Do you know when you should file a personal injury lawsuit? Every state has a statute of limitations, which is a specific limit that governs the amount of time you have to file your claim. It’s important to talk with a personal injury attorney as soon as possible, since you cannot make a claim after this limitation is up.

Dog bites are quite common, according to the Insurance Information Institute. In 2010, dog bites were responsible for one-third of all claims paid out by homeowner’s insurance.

Personal injury attorneys are usually paid by a percentage of the settlement, also known as a contingency fee. The exact percentage will vary from state to state and in different situations. For example, workers’ compensation cases usually pay less than personal injury.

If you believe you have a personal injury claim, we recommend you consult with us as soon as possible after you are injured. You have only a short window of time - governed by a statute of limitations - in which to file your case.

If you hurt your back, whether it’s at work, in a car accident or in a sporting event, head first to a medical professional to get it checked out and documented. Then contact a legal professional with your medical documentation.

In the days following your accident, you may find that everyone wants a statement or a signature on official documents from you. Let’s talk about how having a personal injury attorney can ensure you have someone interested in preserving your legal rights.

So what exactly constitutes “severe injury” in a lawsuit? This might include broken bones, burn injuries, spinal cord injuries, traumatic brain injuries, and other types of trauma. If you’ve been injured in an accident, we may be able to help.

If you are out of work because of a personal injury and unsure how to pay for medical bills, we can discuss a number of options. In some cases, hospitals and doctors will withhold their bills, recognizing money will be available once the legal situation is sorted out.

Sometimes, an injury can be caused by a defective product. That could be anything from a chair to a car. It's very important to retain all the pieces of a product after any accident so that they can be examined by experts.

When it comes to personal injury claims, understand that you will be at a distinct disadvantage when dealing with an insurance company if you don’t have an attorney present. We will help you negotiate a fair settlement that compensates you for your loss.

It’s important to remember that we’re on your side. Representatives of the company or party that injured you, no matter how compassionate they may seem, are not acting in your best interest.

Have you been injured while working on a construction site? Construction work demands liability consciousness and strict enforcement of rules and regulations. If these were not complied with at the time of the accident, you may have a case.

If you have a strong personal injury case, the likelihood is that there will not be a trial. We are skilled at negotiating the best possible settlement for your personal injury case.

While we are sensitive to your urgency to resolve a claim, we do not want to settle a case while you are still recovering from injury. Signing a settlement and release agreement and then finding out more treatment is necessary could result in further financial hardship.

Judge Learned Hand created the term “calculus of negligence,” which is a formula to determine if a legal duty of care has been violated. Judge Hand established this term in the 1947 case of the U.S. v. Carroll Towing, where a barge had come unrestrained from a dock and caused damages.

It’s critical that following a car accident you don’t delay in seeking medical help. A gap in time between the accident and medical treatment can end up significantly damaging your case.

In some cases, you are entitled to an award for pain and suffering for an injury accident that was not your fault. We will negotiate with the other party's insurer, and if the offer is not fair, we will represent you in court.

Are you the victim of false arrest? If police officers have willingly or through negligence or overzealous practice violated your rights, then it is time for you to seek counsel with a personal injury attorney.

Just because you hire a personal injury lawyer doesn’t mean that your case will be going to trial. In fact, the majority of cases in civil litigation (which includes personal injury cases) are settled long before they go to trial.