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Category: Hawaii Personal injury lawyer

Can You Sue Someone for Emotional Distress in Hawaii?

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In Hawaii, individuals who have suffered significant emotional harm due to someone else’s conduct may question their rights for recourse. They might ask, “Can you sue someone for emotional distress in Hawaii?” The answer is that it is possible to sue for emotional distress in Hawaii, under certain conditions. This article will explore the legal avenues available, the proof required, and the complexities involved in these types of lawsuits.

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What is the Statute of Limitations on Personal Injury in Hawaii?

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What is the Statute of Limitations on Personal Injury in Hawaii

In Hawaii, if you’ve suffered a personal injury, it’s crucial to be aware that there’s a designated time frame within which you must file a lawsuit. This predefined time limit is known as the statute of limitations. Specifically, for most personal injury cases in Hawaii, you have two years from the date of the incident or from when the injury was or should have been discovered to take legal action. The understanding of this limit is vital as missing the deadline can extinguish your right to claim. This article will delve into “What is the statute of limitations on personal injury in Hawaii”, explaining its implications, exceptions, and why swift action can be beneficial.

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How Are Personal Injury Settlements Paid Out in Hawaii?

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For many people, securing a fair monetary settlement after months or even years of negotiating with an insurance company can feel liberating. Concluding your personal injury claim should feel like have obtained a measure of justice following your accident. It is also important to understand how the process unfolds to answer the question, How are personal injury settlements paid out in Hawai’i?

The insurance company will not immediately deposit funds into your account the moment a negotiation is complete. There are other obligations that must be addressed, and the at-fault party will also likely have some requirements before the settlement is complete. The attorneys of Olson & Sons could help you resolve your injury claim without delay.

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Can the IRS Take My Personal Injury Settlement in Hawaii ?

Posted on by Olson & Sons

When it comes to personal injury claims, it isn’t surprising to find that most are settled out of court before or during the trial. Once you have accepted the settlement offer from the other party and signed a release, the case is considered closed.

After receiving the amount, as a personal injury claimant, you will have several things to consider. What comes next? Can you keep the entire amount received (excluding the attorney’s fees)? Do you owe anything to the IRS?

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What is the average payout for a personal injury claim in Hawaii?

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There is no easy answer to the question “what is the average payout for a personal injury claim?” This is the case for more than one reason. For starters, public information about the outcome of most personal injury cases is limited. What’s more, there is no central place where research regarding settlements are retained.

The average amount of a personal injury claim might provide you with some useful information, but the reality is that every case is different. Your ultimate settlement could be higher or lower than the average. Thankfully, our team of attorneys could help you evaluate your case and provide you with a fact-based estimate of what it might be worth.

 

Issues With Determining The Average Value of an Injury Settlement in Hawaii

The vast majority of personal injury settlements never result in the public learning the terms of the settlement. In fact, many injury cases are resolved without public awareness of the claim at all. That is because it is not uncommon for personal injury cases to settle without the filing of a lawsuit.

Most personal injury settlements include a written agreement that spells out the terms both sides must comply with. Typically, the party agreeing to pay the settlement requires language in the agreement that keeps the terms of the settlement private. This is intentional, as it prevents other would-be plaintiffs from getting a picture of what an insurance company might settle a claim from.

These confidentiality agreements make it difficult for the public to access data about the settlement in most personal injury cases. There are other issues that make it impossible to determine the average settlement as well. There is no central repository for the public settlement information that is available, meaning that there is no way to review the settlement information that is available easily. Outside of reviewing court records across all 50 states, this process is unlikely to be helpful.

 

How An Attorney in Hawaii Could Evaluate Your Case

The lack of clear information on the average payout for a personal injury lawsuit should not dissuade you from pursuing legal action on your own. While you might not have access to this information, an attorney could provide you with insight into what your specific case might be worth. Some of the ways your attorney could evaluate the strength of your claim include:

  • Interviewing You. You are the ultimate expert on how your injuries have impacted your life. If you are unable to work or do the things in life that you love due to your injuries, your attorney could use that information when evaluating your case.
  • Reviewing Medical Records. Medical costs are a big part of many personal injury cases. Your attorney could review your records and the bills that go along with them to determine what fair compensation might look like.
  • Reviewing Property Repair Estimates. Property damage claims can make up a major part of some personal injury cases. This is especially true for motor vehicle accidents. You could recover the cost of repairing or replacing your damage property.

 

Potential Damages Available To You

Before you can understand what your payout might be for a personal injury settlement, you should be aware of the types of damages that could be available to you. These damages include:

  • Medical Bills. The cost of medical care can be overwhelming. If your personal injury case is successful, you might be entitled to recover damages for the cost of hospital bills, emergency medical care, prescription medication, and other forms of treatment.
  • Lost Wages. Missing work is an unfortunate reality for many injury victims. If your time away from work leads to you missing paychecks, you could recoup your los wages through a civil lawsuit.
  • Pain and Suffering. You might be entitled to compensation for the physical pain you experience due to your injuries. This compensation could be significant, especially if you are living with long-term chronic pain.

 

Talk to an Attorney To Learn About Your Legal Options in Hawaii

Understanding the average payout for a personal injury claim is not as simple as looking it up in a database. In fact, there is little public information regarding personal injury settlements in general. Thankfully, this should not impact your ability to secure fair compensation following an accident. Your attorney could review the facts of your case and provide insight into what to expect.

The team at Olson & Sons is ready to help you evaluate your injury case and understand what a settlement offer from the other side might look like. If you are ready to get started with this process, reach out right away to schedule your free consultation.

 

Can I Claim Personal Injury If It Was My Fault in Kona and Kamuela?

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For many people, the blame for their injury is easy to place. Individuals involved in a car accident with a negligent driver know who to point the blame at. The same is true for someone who suffers a fall injury due to a carelessness of a property owner. But can I claim personal injury if it was my fault? The short answer, with conditions, is Yes.

Personal injury cases are often straight forward when there is little doubt as to the identify of the responsible party. Things can become more complicated if you share in the blame for the accident. The good news is that under some circumstances you could pursue a personal injury claim even if your accident was your fault.

It is important to remember that your degree of liability is a legal question best left to an attorney. You might be surprised to learn that another party is responsible for your injuries despite your feelings of guilt about an accident. The team at Olson & Sons could evaluate your case and advise you on your options.

What Is Comparative Negligence in Hawai’i?

When an injured party shares in the responsibility for an accident, a legal standard known as comparative negligence applies. The good news is that many plaintiffs could still recover financial compensation for an injury that they played a part in causing. However, their share of liability could limit their compensation or in some cases bar it entirely.

There are different types of comparative negligence standards across the country. While each state addresses this issue differently, Hawaii takes an approach that is commonly referred to as the 51% rule. Under this rule, you have the chance to secure financial compensation for your injuries as long as you are less than 51 percent at fault for the injury. If you are primarily at fault, the rule bars you entirely from recovering compensation from the other party.

There is another aspect of this rule you should be aware of. While you have the right to pursue a claim for compensation when your liability is less than 51 percent, that does not mean you will recover all of the damages stemming from your injury.

Under comparative negligence, you are only entitled to recover the percentage of your damages that are attributable to the other party. That means the higher your degree of fault, the smaller percentage of your damages will be awarded to you.

How a Jury Applies Comparative Negligence in Hawai’i

The process of awarding damages under the comparative negligence standard is a two-step process. The judge or jury will first evaluate the evidence you present regarding the total amount of damages you are owed. This includes everything from your medical expenses to your pain and suffering.

The second step involves assigning every party to the lawsuit a percentage of fault that equals 100. If the defendant is entirely at fault, they will receive 100% of the fault and you will receive 0%. The court can divide the degree of fault any way it chooses.

Consider the following example. If you suffer $100,000 worth of damages in an accident, your degree of fault will determine how much of those damages you are likely to recover. If the jury finds you 0% at fault, you could receive the full amount of damages. If you are found to be 75% at fault, the court will not award you any damages at all. If you are found to be 10% at fault, the court will enter an award of $90,000, which is 90% of the damages you suffered.

How a Personal Injury Attorney in Kamuela or Kona Could Help

Far too many injury victims assume that they are not entitled to financial compensation due to the role they have played in causing their own accident. A consultation with an experienced attorney could provide crucial guidance that could show them they are entitled to a monetary award.

Our firm could review the facts of your case and advise you on whether you are partially at fault. Liability is a legal determination, and we are prepared to rely on our skill and experience to advise you on whether you face liability for your injuries.

Even if we determine you share in some of the fault of your own injuries, we may still be able to help you secure the compensation you deserve. Our team will negotiate with the other side in an effort to resolve your case through a negotiated settlement.

Discuss Your Claim in Kona or Kamuela with Olson & Sons

If you’re asking can I claim personal injury if it was my fault, the answer could be Yes. You could succeed with your personal injury claim even if you were partially at fault. Hawaii recognizes a legal doctrine known as comparative negligence. Under this rule, you could be entitled to a monetary award as long as you are less than 51% responsible for your own injuries.

The team of personal injury lawyers in Kona or Kamuela at Olson & Sons is ready to help you pursue your personal injury case. To learn how comparative fault could impact your recovery, schedule your free consultation right away.

 

How to Win a Personal Injury Claim in Kona and Kamuela

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If you have suffered an injury because of a negligent act of another person, you could be entitled to financial compensation. Obtaining fair compensation is never guaranteed, however. In many cases, the responsible party or their insurance company will refuse to accept liability for their actions.

That does not mean you are without options. You have the right to file an insurance claim or personal injury lawsuit in an effort to secure the compensation you deserve. The guidance of an attorney could be invaluable to you when determining how to win a personal injury claim.

Establishing Negligence in Kamuela and Kona

The key to any personal injury claim is proving that the negligence of another person was responsible for your injuries. In general, negligence relates to a careless or reckless act that led to your injury. To prove negligence in court, you must establish four specific elements. The failure to prove even one of these elements could lead to an unsuccessful personal injury claim.

Duty of Care

The first step in these cases is to establish that a duty of care existed between the defendant and the plaintiff. If the defendant did not owe a duty to the plaintiff, they are not responsible for their injuries.

Whether or not meeting this element is difficult largely depends on the case. While the existence of a duty of care is rarely at issue in car accident cases, it can be hotly contested in slip and fall injury lawsuits.

Breach

Once you have established a duty of care exists, the next step is to show that the defendant breached the duty they owed to you. The nature of a breach depends on the type of accident in question. For car accidents, breaching the duty to drive safely could involve speeding or driving while intoxicated. Medical professionals could breach their duty to the patient by misdiagnosing an illness or making a mistake during surgery.

Causation

Another important element of negligence is causation. Causation is the link that ties a breached duty of care with the injuries you have suffered. Without this link, the defendant is not responsible for your damages. This ensures that a defendant is only held accountable for the harm they caused through their negligence.

Damages

The final element is damages. You must prove you suffered damages in order to obtain a monetary award. Damages come in many different forms, including lost wages, pain and suffering, and medical expenses.

Evidence in an Injury Case in Kona and Kamuela

It is not enough to form a cohesive theory of negligence. In order to secure a fair settlement offer or prevail in a jury trial, you must also build a strong case built on evidence. The type of evidence you need will depend largely on the facts of your case. In general, the evidence you collect should either establish the defendant was negligent or identify the amount of compensation you are entitled to recover.

Establishing Liability

The first step in these cases involves proving that the other party is liable for your injuries. That means this evidence will largely focus on the cause of the accident. For motor vehicle collisions, investigating these facts will usually start with the police report. In other types of cases, a police report might not be available.

To get to the bottom of how your accident happened, there are a few ways your attorney could approach the case. Seeking out eye witnesses is helpful, as independent witnesses carry a great deal of weight with most juries. When it comes to evidence regarding the cause of your injury, video of the incident is likely the strongest evidence available.

Proving Damages in Kona and Kamuela

It is not enough to establish that the negligence of another person resulted in an accident. You must also show that you suffered damages due to that negligence. The evidence you use to prove your damages can vary. In order to recoup the cost of your medical care, you could rely on hospital bills and other documentary evidence. To show that your pain and suffering has impacted your ability to live life to the fullest, you could have a family member testify about how you have been impacted.

Recover Compensation Through a Successful Injury Claim

There are different approaches when it comes to winning a personal injury case. You could obtain evidence from the scene of your accident, talk to witnesses, or build a theory of negligence for your case. Taking these steps on your own could increase the risk of losing out on a monetary award.

The most important of the steps you take after a serious injury is your choice of an attorney. Your legal counsel could put you in a position to successfully recover the compensation you deserve. If you are ready to get started with your case, contact Olson & Sons right away for your free consultation from personal injury lawyers in Kona and Kamuela.

Do Personal Injury Cases Settle After Deposition in Hawaii?

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Personal injury cases often settle after a deposition. The reality with most personal injury cases is that they could settle at any point. This is because the vast majority of personal injury cases are resolved without the need for a trial. In fact, settlements are common before a lawsuit ever becomes necessary. If your wondering do personal injury cases settle after deposition, the answer depends on a number of factors.

Depositions frequently lead to settlements in personal injury cases. Although depositions are intended for developing evidence for an eventual trial, these proceedings are more likely to be used as leverage during settlement negotiations.

What Is a Deposition?

A deposition is a form of legal proceeding that occurs during the course of a personal injury lawsuit. A deposition is not a formal hearing that occurs in a court room. The judge is not present during the deposition and there is no jury. Instead, depositions generally take place outside of the courthouse entirely.

A deposition does have some things in common with court proceedings. Both sides will have their attorney present, and the attorneys have the opportunity to ask questions of the person being deposed. A court report is also present during these proceedings. The court report takes down what is said and prepares it into a written document known as a transcript.

In some cases, there could be numerous depositions that are taken. Depositions are usually taken of the parties to a lawsuit as well as any witnesses. This could also involve depositions for the police officers or medical professionals involved in the case. There are times when a person could face more than one deposition.

The answers a person gives are not only recorded in the transcript, but they could be used in future legal proceedings. These questions could be used at evidence at trial, especially in cases where the deposed person changes their story.

While it is true that the judge is not present during the deposition, they do oversee the process. The court can require a deposition to take place at a specific time. The judge is also responsible for adjudicating disputes that arise during these proceedings.

How a Deposition Could Impact a Settlement

The outcome of the deposition will largely determine how the proceedings impact future settlement negotiations. It should come as no surprise that a strong deposition by a plaintiff could push the at-fault part toward a settlement. Likewise, a rough showing during a deposition could increase the defendant’s resolve to take the case to trial. The answer to the question, do personal injury cases settle after deposition may be determined at this point in the process.

After the deposition is complete, the attorneys from both sides will review the transcript provided by the court reporter. During this time they will determine if the outcome of the deposition helped or hurt their cause. The testimony taken can be used at trial, which means these proceedings can have a direct impact on the case. If the defense attorneys review the transcripts of the deposition and determine it will be difficult for them to win at trial, a settlement offer might be forthcoming.

When Settlements Commonly Occur in Hawaii

The days or weeks after a settlement are only one of the times personal injury cases are frequently resolved. These cases could settle during a range of timeframes, from early on in the process to years after a lawsuit is filed.

Many personal injury lawsuits are settled right away. For some people, that includes the days or weeks after an injury victim hires an attorney. Many settlements conclude long before a lawsuit is necessary.

Do personal injury cases settle after deposition only? Settlements are also common after the filing of a lawsuit as well. Many cases are settled after the part of the lawsuit known as the discovery phase. The discovery phase is when depositions occur. These cases could settle up until the moment the case goes to trial.

There are too many factors in play to predict when a personal injury case might settle. Two cases with similar facts could see vastly different outcomes. While no attorney can promise to settle your case within a certain amount of time, the team at Olson & Sons could provide you with valuable insight on what to expect. Our attorneys could evaluate your case and consider all of the factors that could delay a settlement beyond the date depositions are taken.

Talk to a Kona Personal Injury Lawyer About Your Personal Injury Settlement

Personal injury cases routinely settle after depositions occur. Often, a deposition will provide the plaintiff with the leverage they need to secure a fair settlement offer. Of course, many personal injury cases are settled at other times. From early in the process to moments before a trial begins, these settlements are possible with the help of a right attorney.

If you are ready to move forward with your personal injury case, the attorneys of Olson & Sons are ready to help. Our team has a track record of success when it comes to personal injury lawsuits. Contact us right away to schedule your free consultation.

 

 

How Much Do Personal Injury Lawyers Charge in Kona and Kamuela?

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If you have been injured by another person’s negligence, it is understandable if your finances are at the forefront of your mind. Unexpected medical bills can overwhelm the budgets of most families, and that says nothing of the prospect of missing work due to injury. All this may have you asking, How much do personal injury lawyers charge in Kona and Kamuela?

Given the financial strain that can come with a personal injury case, it is understandable if you are concerned about the cost of hiring a personal injury attorney. The good news is that many injury lawyers operate in something known as a contingency basis.

With a contingency fee, you will only owe legal fees if your attorney is successful in recovering compensation on your behalf. The attorneys of Olsen & Sons could serve as your advocate during the personal injury claims process while bearing any risk related to your claim.

Understanding Contingency Fees in Hawaii

A contingency fee agreement is a common method of establishing payment for an attorney that handles a personal injury case. This type of setup allows you to avoid paying any upfront legal fees when you hire an attorney. Instead, your attorney would collect their fee as a set percentage of any amount they recover on your behalf. This allows you to pursue you case without carrying the risk of paying an attorney for a claim they are unable to collect on.

This type of payment arrangement is valuable, especially for anyone that lacks the assets to pay an attorney upfront. Contingency fee agreements ensure that anyone can pursue a personal injury claim regardless of their financial situation.

There is no uniform percentage when it comes to contingency fees. While fees between 30 and 40 percent are common, each attorney is ultimately responsible for setting their own fee. Understanding the percentage your attorney will take is important.

Sliding Scale Options

Some attorneys do not rely on a single contingency fee when they take on personal injury cases. There is another option known as a “sliding scale” that is used in some situations. The sliding scale provides a varying contingency rate depending on how much work an attorney puts into a case. For example, an attorney could charge one rate for writing a demand letter. The rate could increase if the attorney is required to filed the lawsuit and proceed through litigation. Finally, a higher rate might apply if an attorney takes the case to trial.

The Importance of Clarity

It is vital for both you and your attorney to have a clear understanding of the legal fees in your case. This is true when your attorney is working on a contingency basis, as it will directly impact the percentage of your settlement they will keep for their fee.

Thankfully, the vast majority of attorneys that operate on a contingency basis offer free initial consultations. Your initial consultation is an opportunity for you to ask any questions about an attorney’s contingency fee. This could include learning the specific percentage the attorney will keep if they recover compensation on your behalf. It is important to address these issues early on in the process to avoid misunderstandings once the settlement check arrives.

Costs and Other Fees

If you’re asking how much do personal injury lawyers charge in Kona and Kamuela, there are some important details that you should discuss with a prospective attorney before you hire them. While most injury attorney will handle their attorney fees on a contingent basis, the approach to court costs and other expenses could vary from one attorney to another. It is important to understand an attorney’s policy regarding these other fees up front, as it could determine if you must cover these expenses on your own. Some common expenses include:

  • Filing fees
  • Postage
  • Expert witness expenses
  • Police report copying fees
  • Transcription costs

Some attorneys will require you to cover your own expenses. This means that while you will not pay anything upfront in the way of legal fees, you could be required to pay out of pocket for your other expenses.

Not all attorneys will require to pay these costs up front. Some attorneys will keep track of these expenses and subtract them from the settlement. This approach still means you would pay these expenses, but only if your case is successful.

How Much Do Personal Injury Lawyers Charge in Kona and Kamuela? Ask Olson & Sons

The good news for anyone living with an injury caused by another person is that most attorneys handle these cases on a contingency basis. That means you have the opportunity to pursue your personal injury case without the risk of walking away with nothing but attorney fees.

The good news is that you do not have to wonder what the services of Olsen & Sons might cost. Our attorneys operate on a contingency agreement, and we are prepared to discuss the specifics during your free consultation. To schedule your free, no-risk consultation, contact us as soon as possible.

What Does a Personal Injury Lawyer Do in Hawaii?

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There are numerous things a personal injury lawyer can do to help you recover the compensation you deserve. Have you been injured through another person’s negligence? An lawyer could give you the best chance to maximize your financial compensation. Do you want to get granular when asking, What does a personal injury lawyer do? They develop a theory of negligence, identify responsible parties, negotiate with insurance companies, file your lawsuit, and more.

Olson & Sons’ personal injury lawyers in Kamuela and personal injury lawyers in Kona understand what it takes to win a personal injury case. We have successfully recovered compensation on behalf of our clients, and we look forward to the opportunity to serve you.

What Does a Personal Injury Lawyer Do When They Investigate Your Accident?

The initial investigation into every personal injury case is important. Whether you were involved in a car accident or injured by a defective product, it is vital that you and your attorney understand exactly how your injury occurred.

Our team of attorneys will begin to investigate an injury claim the moment we take the case. The specific nature of the injury will depend on how this investigation unfolds. In a car accident case, we will work to determine what factors caused the vehicles to collide. In a slip and fall case, we will investigate. Could the hazard that caused the fall could have been easily addressed by the property owner prior to the accident?

These investigations often focus on interviewing witnesses. The word of independent third parties can be powerful evidence at trial. It is important to track down and speak with anyone that might have witnessed the injury occur.

Develops a Theory of Negligence

After the investigation is complete, our attorneys take that evidence and use it to determine how the injury occurred. This is known as developing a theory of negligence.

There are numerous ways that negligence could result in an injury. The specifics of these injuries will often vary based on the type of accident. For motor vehicle collisions, negligence usually takes the form of a moving violation. Speeding or intoxicated drivers frequently cause collisions.

Negligence could look very different in medical malpractice cases. Malpractice could occur when a doctor fails to diagnose an illness or operate on the wrong body party. It is the role of the personal injury attorney to build a theory on how negligence caused an injury in your case.

Identifies Responsible Parties

Developing a theory of negligence is only one step in the process. It is also necessary to identify the negligent parties. While many personal injury cases only have one defendant, it is not unusual for multiple parties to share liability for a serious injury.

Multiple factors can combine to result in a personal injury. For example, the negligence of an intoxicated driver could combine with a defect in a car’s braking system to cause an accident. In that situation, it could be possible to pursue legal action against the driver and the manufacturer of the braking system.

Negotiates with Insurance Companies

Once a theory of negligence is developed and the at-fault parties have been identified, the next step typically involves settlement negotiations. The reality is that very few personal injury cases ever go to trial. Settlements are common in these situations, as there is little doubt in many personal injury cases who was responsible.

The fact that settlements are common does not mean that compensation you deserve will come easily. Insurance companies often aggressively pursue settlements early on in the process in hopes of settling them for pennies on the dollar. These insurers know that injury victims without an attorney are more likely to accept a settlement offer that seems fine on paper but will not cover the full amount of damages.

An attorney can use their experience with negotiating to ensure you never accept an unfair settlement offer. These negotiation skills could maximize your compensation bring about a resolution to your case sooner than you might expect.

What Does a Personal Injury Layer Do When They File Your Lawsuit?

Not every personal injury case will come to an end through a negotiated settlement. There are times that a case can only be resolved through litigation. These cases are when the guidance of an experienced attorney becomes invaluable.

Our attorneys understand the ins and outs of litigation. They are prepared to build a winning personal injury lawsuit. From filing your case to taking it to trial, our team can take your claim throughout the litigation process.

Talk to an Attorney About Your Personal Injury Case

The advantages that come with hiring a personal injury law cover every phase of the claims process. An attorney could help you investigate your case and develop a viable theory of negligence. If your claim cannot be through negotiation fall short, an attorney could also litigate your case on your behalf.

The attorneys of Olson & Sons have a track record of success when it comes to personal injury cases. If you’re ready to pursue the compensation you deserve, contact us right away to schedule a free case evaluation.