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Successful outcomes to personal injury cases are often determined by crucial steps taken at the very beginning of a case. This includes immediate medical evaluation and treatment for injuries, as well as preserving key evidence such as surveillance footage. In order to give you the best opportunity for success in your claims, it is important to consult with a personal injury attorney right away. The experienced attorneys and staff at Windsor Troy Law, LLP are ready to discuss your situation and determine the best next steps to protect you and your rights. 

Successfully asserting claims for personal injury, whether it involves (1) an automobile accident, (2) an injury due to a dangerous condition, or (3) or some other type of injury, all require certain basic procedures at the outset to make sure your rights are protected. This includes immediately notifying the responsible party (and their insurance provider) that you are making a claim for personal injury and seeking appropriate medical treatment. There are also important deadlines and procedures if the responsible party is a government agency – for example, if you were struck by a police vehicle in an accident or were injured inside a government building. Any delays in this process can negatively impact your claim. That is why it is important to retain counsel soon after an incident to make sure your rights are protected.

Providing the responsible party with written notice is a crucial first step. Sometimes this means complying with specific claim procedures, depending on the type of personal injury matter and who is at fault. To make sure your rights are protected, consult with an attorney to determine the best way to submit a claim.

Even if you have good insurance and did nothing wrong, accident investigations can be riddled with pitfalls and potential traps. Whether it is an unscrupulous driver trying to avoid liability or an insurance company looking for an excuse to avoid coverage, it is always best to contact an experienced attorney right way so any dispute is resolved quickly and with the best outcome. Our attorneys can make sure your claim is handled properly from the outset, including connecting you or a loved one with medical care so you can get back on your feet as soon as possible.

Litigation in court is often very time-consuming and can involve unexpected delays such as availability of the trial court, attorney schedules, and the availability of key witnesses. Because of these delays, it is important to retain competent counsel that will make every effort to resolve your personal injury claims before filing a lawsuit. By investigating the claim and working with insurance providers, the attorneys at Windsor Troy will make every effort to settle your claims before filing a lawsuit.

Most personal injury cases involve two types of damages: (1) Special Damages and (2) General Damages. Special damages include any specific costs incurred as a result of the injury, such as bills for medical care and prescription medication. Special damages may also include future costs that are reasonably anticipated, such as additional medical treatment. Special damages can also include lost wages from work that was missed due to your injury or other out-of-pocket costs. Alternatively, general damages cover damages for “pain and suffering” or psychological trauma that results from the injury; these damages are real and are allowed under the law, even if they don’t have an obvious dollar amount.

Premises liability refers to the legal responsibility a property owner has for the injuries another person suffered on the premises. This can take many forms. Some examples are: a homeowner invites company over for a barbeque and a guest is injured falling on a rusty piece of equipment in the backyard; or a shopper slips and falls on a spill that was not cleaned up at a grocery store. In order to demonstrate liability, the injured party must usually demonstrate that (1) the property owner had a duty of care to the injured party and (2) the property owner had reasonable notice that there was something dangerous on the property – usually referred to as the “dangerous condition” – that posed a risk to people on their property. The key question in assessing the “duty of care” is whether the injured party was invited on to the premises – whether it is a potential customer entering a business or an acquaintance invited into a residence. The second factor – whether there was reasonable notice of danger – depends on the facts and should be evaluated on a case-by-case basis. If you have any questions about how these factors apply to your situation, you should consult with an attorney right away to make sure you understand your options in pursuing a claim.