Creative Solutions. Superior Service.
WHAT WE DO
These cases are often referred to as slip and fall cases, but they actually include many more injuries and incidents. A premises liability claim arises when an individual is injured while on someone else’s property. For example: these are instances when a store allows the floor to become wet and slippery, leaving exposed or loose wires that caused an injury, or even attractive nuisances that entices a child to come onto the property and get injured. These cases can be litigated in court, but are often times resolved outside of the court process through the offending company’s insurance policy.
The number one question we receive from people regarding medical malpractice or a medical negligence case is: my doctor screwed up, can I sue them? In order to win a medical malpractice case a medical expert must testify that in your case the doctor did not just make a mistake, but that the doctor’s action was below the standard of care a doctor should be providing their patients. There are many different claims for medical malpractice including: failure to diagnose a disease or injury, failure to get informed consent, negligence in performing treatment or inadequate examination of patient, omission or delay of diagnostic testing, failure to refer to specialist, and clerical error. Medical Malpractice cases are costly to litigate due to the medical expert requirement. In addition, many cases go to trial since a settlement may cause the doctor to loss his/her medical license. This means that in order for an attorney to take a medical malpractice case there must be a significant amount of damages in order to cover all the court/litigation costs, attorney fees, and still have enough to fairly compensate the client.
Assaults, batteries, child endangerment and molestation are all claims that can be handled in the civil court as well as the criminal court. If a defendant is charge in criminal court with injuring a victim it does not bar that victim from suing that person in civil court for those injuries. A criminal court has the ability to pay a victim back for out of pocket medical or counseling expenses the victim may incur, but a criminal judge cannot award pain and suffering, or even future medical expenses. A civil case can go further to make sure justice is complete and a victim is not re-victimized due to the mounting bills that can arise from an injury received at the hands of a criminal.
Getting in a car accident can be a scary and stressful situation, and unfortunately it is something we will all go through. On average a person will be involved in 3-4 car accidents during their lifetime. Most personal injuries received in car accidents are soft tissue injuries such as whiplash, which are often times the most painful and hardest to treat. Other common injuries include broken bones, back injuries, and even death. Through years of experience Novation Law has been able to litigate or settle clients’ insurance claims so that they can focus on their recovery. Often times insurance companies try to settle cases quickly when they know people are in need of the money and so frequently give lowball offers. Other insurance companies will flat out deny claims and hope that individuals will just accept it and move on. Our attorneys can take the strain and uncertainty out of the process so you can focus on getting better.
The court system is designed to help people who have been injured by other’s negligence or intentional acts. We have handled various types of injuries. An example of this is Novation Law has won several cases against Samsung due to faulty battery issues with their Samsung Galaxy S4 phones that were introduced into the market in 2013. The faulty batteries burst into flames when not in use and caught on fire, burning the individuals carrying them and whatever else the phone came in contact with. Settlements were reached to cover all property and personal injury claims.
Personal injury claims arise out of product liability cases when there is a defect in either the design of the product or the manufacturing of the product. To win a product liability case you often need an expert to testify to why the product is defective, and that the company should have known.
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ABOUT NOVATION LAW
Novation: to substitute something old with something new; innovation.
Novation Law is a law firm with attorneys who are committed to improving the way law is practiced. All attorneys are required to limited their practice areas to one or two areas of law so that there are better able to master the nuances and understand the complexities.