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Suffering a work injury can make you feel like it’s all on the line. Unable to earn wages and facing substantial medical bills, you need compensation for the sake of your family.
Olson & Sons understands the importance of workers’ compensation. That’s why we are passionate about helping injured workers. If you have been injured at work in Kamuela, Olson & Sons is here to help.
Personal injury lawyers can help you with a Kamuela injury claim denial by reviewing the decision, gathering additional evidence, filing an appeal, taking the insurer to court, negotiating a settlement, and litigating the case.
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Traumatic Brain Injury is one of the most tragic personal injuries. When severe traumatic brain injuries strike, they can rob victims or precious memories, make them unable to work, and permanently disrupt family life. Some victims lose motor skills and the ability to take care of themselves, resulting in institutionalization.
If you are considering a personal injury claim in Kamuela, it is understandable for you to wonder what happens if you lose your personal injury claim. For starters, it is important to understand what “losing” a claim looks like. The consequences of having an insurance claim denied are very different than losing a case at trial.
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You have a lot to consider if you have been injured in an accident. If your injury occurred through no fault of your own, you could have a viable case for monetary compensation. Before you move forward with your injury case on your own, it is worth considering a discussion with a personal injury lawyer.
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It is impossible to predict with certainty what will happen when you reject a settlement offer in your Kona, Hawaii personal injury case. Every case is different, and every defendant will approach the negotiation process in their own way with the help of Kona Personal Injury Attorneys.
In some cases, you might receive a counter offer. In others, you might be told that negotiations are finished for good. Rejecting an offer carries risks, but it is important not to settle for an inadequate amount.
The good news is that you do not have to make challenging choices on your own. The attorneys of Olson & Sons are prepared to negotiate on your behalf and guide you when making these critical decisions. Reach out today for a free consultation to learn more.
Continue reading “Kona Personal Injury Attorneys Discuss Rejecting a Settlement Offer in Hawaii”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
There is no general answer to the question, How long a personal injury lawsuit take in Hawai’i? This is because these injury claims can vary dramatically in length. There are many factors that determine how long a case might take, making it impossible to predict the length. What we do know is that we will support and work hard for you every step of the way.
The personal injury lawyers of Olson and Sons have a long track record of success handling personal injury lawsuits. While long, drawn out cases can take months or even years, our team frequently resolves cases favorably in less time.
It is helpful to understand the factors that could determine how long your personal injury lawsuit might take. These factors include:
While each of these factors can impact how long your case takes, your attorneys can work to avoid unnecessary delay throughout the process.
It is impossible to have an accurate picture of how long your personal injury lawsuit might take if you do not understand the litigation process to begin with. While a number of factors could impact the length of your personal injury claim, all of these cases follow the same general process. This process has some common points where delays are possible.
There are important steps that your attorney must take before you can more forward with your personal injury lawsuit. Without doing so, you could be at risk of seeing your case dismissed. Before you pursue litigation, your attorney will carefully investigate the facts surrounding your injuries. After that, they must identify the responsible party and develop a theory of negligence.
Once these steps are complete, it is not unusual for a plaintiff to pursue a negotiated settlement. In fact, many personal injury cases are settled before a lawsuit is ever file. When settlement does not work out, the next step is litigation.
Initiating litigation requires the filing of a complaint. This legal document lays out the plaintiff’s case, identifies the defendants to the court, and requests specific relief. The relief in a personal injury lawsuit is monetary compensation.
Once a plaintiff files the lawsuit, they must formally notify each of the defendants of the proceeding. This is known as service of process. Until the defendants in a personal injury case are formally served the case cannot move forward.
Once the defendant is notified of the lawsuit, they have an opportunity to formally respond. This is done through a legal document known as an answer. If the defendant fails to file an answer, the court could issue a judgment against them by default. The answer will address each of the allegations made by the plaintiff and deny them one by one.
This phase usually takes weeks or months to complete, as the defendant has 20 days to file their answer. This time period, combined with the amount of time needed to perfect service in the lawsuit, can take some time.
Once the parties are served and the answer is filed, the case will move into a period known as discovery. Discovery is the opportunity for both sides to review the evidence the other side will use at trial.
There are different forms of discovery. Many personal injury lawyers make use of a process known as a deposition to determine what a witness is likely to say at trial. A deposition is similar to a court hearing in some ways. A court reporter is present, and both attorneys can ask questions. However, this process happens away from the judge and outside of the courtroom. There are also written discovery requests commonly used as well.
Discovery can be a lengthy process. The more complex the injury case is, the longer discovery could take. Both sides could spend months taking depositions and responding to written document requests before the process is complete.
Once discovery is completed, the lawsuit will head towards trial. Remember: it is possible for the parties to reach a negotiated settlement at any point during the case. While the party completes discovery and prepares for trial, the sides could reach an agreement on a monetary settlement at any time.
At the trial, both sides will have their opportunity to make their case. Each attorney can call witnesses or offer physical evidence. Once both cases are presented, a judge or jury will determine what compensation—if any—is appropriate.
If you are ready to pursue your claim for monetary compensation, Olson & Sons are ready to serve as your advocate. To learn more about how we can fight on your behalf, reach out today to schedule your free consultation.
If you have suffered an injury in Kamuela, Kona or in Hawai’i through no fault of your own, it is understandable if you have a lot of questions. What are my legal rights? How long will I be out of work? Do I need a personal injury lawyer?
The reality is that most people benefit from the guidance of an attorney after they suffer an injury due to another person’s negligence. If your injuries have resulted in serious pain, medical bills, or time away from work, handling a legal claim on your own is a serious risk. The attorneys of Olson & Sons are ready to advise you of your rights following a serious injury.
While most personal injury cases are best resolved with the help of an attorney, there are some cases where legal counsel might not be necessary. If your case is entirely property damage—for example, a car accident where no one was injured—you might be able to resolve that claim on your own. When injuries are involved, the guidance of legal counsel becomes crucial. Some of the situations where an attorney may be necessary include:
The more serious your injuries, the more likely you are to need an attorney. This is the case for a number of reasons. First and foremost, serious injuries can result in substantial monetary awards. As the potential for compensation grows, the risks associated with serving as your own attorney grow as well.
Serious injury cases are also complex. This is especially true if you require ongoing medical treatment. There are important legal deadlines that must be complied with, and it can be a delicate balance to do so while still pursuing ongoing medical care. An attorney could dramatically reduce the risks associated with your serious injury claim.
Any personal injury claim will have its challenges. While most of these claims will come to a resolution through a negotiated settlement, that is not always the case. Resolving an injury claim is especially difficult if the other side refuses to take responsibility for your injuries.
In some cases, a defendant might simply believe that they were not responsible for your injuries at all. In other cases, they might agree they were responsible but disagree on the severity of your injuries.
If your case is contested, the chances are much greater that it could eventually go to trial. Trying a case without the help of an attorney is a risky proposition, especially given that the defendant will likely be represented by legal counsel. If the defendant is disputing liability, it is in your best interest to talk to a lawyer.
An injury accident that involves two parties is complicated enough on its own. When there are multiple parties involved in a claim, a case can become far more complex. This is especially true in cases where limits on insurance policies come into play. If you are involved in an accident with multiple injury victims, an attorney could represent your best chance of securing the compensation you deserve.
There are numerous reasons why you might need a personal injury lawyer. In all of those situations, an attorney could improve your chances of a favorable financial settlement. Some of the benefits of hiring an attorney for you injury claim include:
Are you asking, Do I need a personal injury lawyer? The reality of personal injury cases is that you should consider hiring an attorney for a claim if you care about the outcome. The more severe your injury or the greater your financial need, the higher the stakes are for your personal injury case.
The attorneys of Olson & Sons can evaluate your case and advise you on whether or not you need the guidance of an attorney. In most cases, your injury claim is best served with the experienced counsel we can provide. If you are ready to discuss your case, contact us right away for a free consultation.
