Category: General

When an individual experiences harm or injury as a result of the negligence or intentional actions of someone else, he or she has the right to pursue a personal injury claim. This type of claim is one that falls within the civil justice side of our legal system, as opposed to the criminal side.  Personal injury claims often arise from car accident, truck crashes, premise liability incidents, and medical malpractice. Many times, the claims are made without a lawyer. Sometimes, lawyers are needed. Whether there is a lawyer involved or not, some injury claims can be settled and ended without a lawsuit being filed at all.  If you have a personal injury claim, regardless of whether you have a lawyer and whether your case is in the court system, here are the basics of personal injury claims that you should understand. Duty of Care The first element in a personal injury claim is establishing that the defendant owed a duty of care to the plaintiff. This means the defendant had a legal obligation to act reasonably and avoid causing harm to others. Breach of Duty The next step is to show that the defendant breached their duty of care. This involves demonstrating that the defendant’s actions (or failure to act) fell below the standard of care expected in the given situation. Negligence and Liability These concepts are often used to describe a breach in the duty of care. Most personal injury claims are based on the concept of negligence, which involves proving that actions were careless or negligent. In some cases, intentional misconduct or strict liability (liability without a need to prove negligence) may apply. Causation It must be proven that the defendant’s breach of duty was a direct cause of the plaintiff’s injuries. There should be a clear link between the defendant’s actions and the harm suffered by the plaintiff. Damages To pursue a personal injury claim, the plaintiff must have suffered actual damages. These can include physical injuries, emotional distress, medical expenses, lost wages, property damage, and other measurable losses. In some cases, if there are actual damages proven, a plaintiff may also be able to claim punitive damages. Statute of Limitations There is a time limit within which a personal injury lawsuit must be filed, known as the statute of limitations. It varies by jurisdiction and the type of case, so it’s crucial to file a claim within the specified timeframe. Insurance Coverage In many cases, the defendant’s liability insurance will cover the damages in a personal injury claim. Dealing with insurance companies is a common part of the process, and it may involve negotiations to reach a settlement. Consulting an Attorney It is highly recommended for individuals involved in personal injury cases to consult with an experienced personal injury attorney. An attorney can provide legal advice, evaluate the strength of the case, negotiate with insurance companies, and, if necessary, represent the client in court. At Kevin Etzkorn Law, we specialize in personal injury cases and help victims maximize the compensation they deserve. Contact us today to set up a free case evaluation. SET UP A FREE CONSULTATION

We have been handling personal injury cases for years. Over the years, we have come across a number of ideas that for, one reason, or another, are simply not accurate about these types of cases and this area of law. Here are just a few of those many misconceptions: 1. You Can Handle A Personal Injury Case Alone REALITY: Personal injury law is complex, and having an experienced attorney can significantly enhance your chances of success. 2. Insurance Companies Will Cover All Expenses REALITY: Insurance companies may resist paying certain costs, and negotiations are often necessary to ensure fair compensation. 3. You Must File A Lawsuit Immediately REALITY: Some cases have successful resolution without a lawsuit. There’s a statute of limitations, but it varies by jurisdiction. Consult with an attorney to understand the specific timeframes. 4. Filing A Claim Is Expensive REALITY: Many personal injury attorneys like Kevin Etzkorn Law work on a contingency fee basis, meaning they only get paid if you receive compensation. We require no out of pocket costs! 5. Medical Treatment Can Wait REALITY: Prompt medical attention is crucial for your health and strengthens your claim by documenting injuries. 6. Personal Injury Cases Are Quick REALITY: A personal injury case takes anywhere for a few weeks to several years depending on the case. 7. Bigger Firms Are Better REALITY: Many big personal injury law firms that you see on TV and billboards are well known for mistreating their clients and accepting low settlement offers instead of bringing cases to trial. At Kevin Etzkorn Law, we are a small, boutique personal injury law firm that gives every client the personalized attention their case deserves. If you or a loved one has been injured in an accident, contact us today to get your free case evaluation. We can help you get the compensation you deserve. SET UP A FREE CONSULTATION

If you are involved in a lawsuit, you may get to a point where you need to testify under oath at a deposition. This is an essential part of any legal case. Depositions provide attorneys with the opportunity to gather evidence and witness statements that can be used in court. Depositions are conducted in a formal setting, with the witness being sworn in and questioned by an attorney. In this blog post, we will take a closer look at depositions and their role in the legal process. We will explore the different types of depositions, the purpose of a deposition, and what to expect if you are asked to participate in one. Types of Depositions There are several types of depositions that can be conducted in a legal case. The most common types include: 1. Expert witness deposition: This type of deposition is conducted with a witness who has specialized knowledge or expertise in a particular area. These witnesses are called upon to provide their professional opinions on the issue at hand. 2. Discovery deposition: This type of deposition is conducted to gather information from a witness. It is usually conducted for the purpose of discovering new evidence or information that can be used in court. 3. Deposition upon written questions: This is a type of deposition where the witness is asked to provide written answers to a set of questions. This type of deposition is often used when the witness is unable to physically appear in court. The Purpose of a Deposition The main purpose of a deposition is to gather evidence and witness statements that can be used in court. Depositions are conducted before the trial, and the information gathered during a deposition can be used to prepare for trial and to aid in settlement negotiations. During a deposition, attorneys have the opportunity to ask the witness questions that can help them to better understand the facts of the case. In addition, witnesses may be asked to provide documents or other forms of evidence that can be used in court. What to Expect During a Deposition If you are asked to participate in a deposition, it is important that you understand what to expect. Depositions are formal proceedings, and witnesses are expected to take them seriously. Before the deposition, you will be sworn in and will be asked to answer questions truthfully. You will also be informed of your rights and the consequences of providing false testimony. During the deposition, the attorney conducting the deposition will ask you a series of questions. You should answer these questions truthfully and to the best of your ability. If you do not understand a question, you should ask for clarification. Depositions can be long and sometimes stressful, but it is important that you remain calm and composed throughout the process. You may take breaks if needed, and you may have your attorney present to help you understand the questions and ensure they are relevant to the case. In conclusion, depositions are an important part of the legal process. They give attorneys the opportunity to gather evidence and witness statements that can be used in court. If you are asked to participate in a deposition, it is important that you take it seriously and answer all questions truthfully. Depositions can be long and stressful, but with the help of an experienced attorney, you can make it through the process successfully. SET UP A FREE CONSULTATION

We represent many elderly clients in a variety of legal matters. We find there are plenty of people and businesses out there that are, unfortunately, willing to take advantage of this population. Pending before the 11th Circuit Court of Appeals is an important and somewhat disturbing case involving elder abuse and Medicare fraud. This whistleblower claim was prosecuted by the United States government against a hospice provider, AseraCare, who had been sending workers to government-subsidized housing communities. There, the workers would solicit poor, elderly people to enroll in a government-funded hospice program. The fraud committed stemmed from the fact these poor, elderly people did not all need “end of life” care, which is what hospice is supposed to be. Although these people were not close to death, AseraCare was taking them out of their homes and using them to get paid. A jury found that AseraCare had committed fraud. But the trial judge reversed the verdict. It is now in the hands of the appellate court. SET UP A FREE CONSULTATION

Just like adults, kids get hurt. However, the system recognizes that children do not have the ability to make legal decisions on their own. Therefore, minors cannot file lawsuits without a guardian or a parent. We represent children who have suffered serious injuries. And we have been involved in child injury claims for the following: Car Accidents Premises Liability Trucking Accidents Dangerous Products Abuse Medical Malpractice Day care negligence School law If your child has been injured or abused, see a lawyer who represents children. The legal system treats child injuries differently than it does adult injuries. Therefore, you need a lawyer knows how to represent children. SET UP A FREE CONSULTATION

Everyone has been involved in this scenario. You are stopped in the center lane waiting to make left a turn into a shopping center. But the lane to your immediate left is bumper-to-bumper. The only way you can get to the shopping center is if there is a gap in traffic. The nice gentleman to your immediate left actually backs up a few feet and waves to you, indicating that you are free to go in front of him. What happens if you make that left in front of him and get hit by a car you couldn’t see in the next lane? Could the gentleman who waved to you be at fault for injuries to you? What if you collide with a car in that next lane and the driver of that car is injured too? Could the “waver” be liable to that injured person too? The answer to all of these questions is “yes.” We see these cases from time to time. We recently filed suit on behalf of a client who was making a turn across two lanes of traffic when waved through by two drivers, and then was struck in a third lane. Both “wavers” fled the scene. We filed suit against our client’s own insurance company under the “phantom vehicle”/uninsured motorist coverage in her policies. Our client had very serious injuries with fractures in her neck and a major head injury. Her insurance company paid to settle. Most clients who come to us with “wave through” cases are uncertain of their rights and of the responsibilities of the waving drivers. Similarly, clients are often unaware that when a driver who causes an accident flees the scene there is still a way to recover through a phantom vehicle/uninsured motorist policy. This is a policy that nearly every insured driver carriers, whether they know it or not. SET UP A FREE CONSULTATION