Hazards to Avoid During Summer Vacation

If summer is your favorite season, you may be keen to get outside and enjoy the warm sunshine with your family. Since school is out, you might also have vacation plans. It is healthy to have a relaxed, carefree attitude going into summer, but recklessness can cause accidents and injuries. Countless adults and kids sustain injuries on vacation trips each year. In various cases, these accidents occur as other people are not being as vigilant and safe as they should.

Swimming Pool Accidents

Most of us understand to be cautious while swimming in the ocean. However, swimming pools can also be hazardous. It is often incumbent on hotels, homeowners, condo complexes, and others to make appropriate arrangements to protect swimmers. Their inability to do so will typically lead to accountability for swimming pool accidents.

Carnival Ride and Amusement Park Injuries

In the US, hundreds of millions of guests enjoy amusement parks and carnivals. However, a few thousand people sustain injuries on rides annually. The following safety tips are recommended by the International Association of Amusement Parks and Attractions (IAAPA):

  • Heed designated height, age, weight, and health restrictions
  • Follow all posted ride safety regulations and verbal instructions from ride operators
  • Keep your arms, hands, legs, and feet inside the ride at all times
  • Remain seated until the ride comes to a complete halt
  • Remove or secure all loose articles, such as sunglasses, cell phones, wallets, and hats
  • Do not ride while intoxicated
  • Wear the safety gear provided
  • If you witness any unsafe behavior, promptly report it to the ride operator

Other safety suggestions are as follows:

  • Wear close-toed shoes and biking gloves to reduce injury in a fall
  • Wear light-colored clothing to enhance visibility

ATV Injuries

Every summer, more than 200,000 are injured in moped, ATV, and minibike accidents. Prevent potentially life-threatening or serious summer vacation injuries with the below-mentioned tips:

  • Avoid riding ATVs on paved roads
  • Always use a helmet and other protective gear
  • Do not allow children below the age of 16 years to operate an adult ATV
  • Do not allow passengers on your ATV

We Help you Collect Compensation for Your Injuries and Losses

At the law offices of Stein & Fox, we work hard for individuals and families suffering due to summer vacation injuries. If you or someone you love has sustained injuries, we can help you collect the maximum compensation possible for your losses and injuries. To schedule a no-obligation consultation with a seasoned personal injury attorney, call today at (770) 961-1700.

 

Settle or Litigate: When Does It Make Sense to Settle a Personal Injury Claim?

Every personal injury claim concludes either in a settlement or litigation. There are pros and cons to both these conclusions. The initial goal in every case is to settle quickly, but it is not always beneficial for the victim to resolve the matter entirely without protracted litigation. While most of the personal injury claims settle before reaching the court, some cases have a better chance if they go to trial.

Be Willing to Settle but Be Prepared to Litigate

If your attorney can secure a rightful settlement for your personal injury claim without the need to file a lawsuit, you have no reason to go to court. But if the insurance company refuses you a fair settlement for your injuries and damages despite your case being strong, you have every reason to go to trial.

Your biggest leverage against the insurance company offering you a less than a fair settlement is your willingness and ability to go to trial. Hire an experienced attorney who is ready and able to litigate when necessary.

The Mechanism of Settlement 

The first step in a settlement starts with the plaintiff’s attorney submitting a demand letter that includes compensation for injuries and damages sought by the plaintiff. The submission also includes the legal argument, copies of medical bills, police reports, and other supporting documents.

Following this, the defendant’s lawyer responds to the demand letter, sometimes with a counteroffer. This initiates the negotiation process between the two attorneys, which if fruitful, ends in a settlement agreement between the plaintiff and the defendant, or their insurance company.

The signing of formal documents, including a liability release, follows the settlement agreement. The two parties can settle at any point of time during litigation, even on the day the case goes to court.

How Does a Trial Work?

If the defendant and the plaintiff fail to reach a settlement and the case goes to court, a judge or jury determine if the defendant is liable to pay damages, after hearing arguments of attorneys from both sides.

These are the distinct phases in a jury trial:

  • Jury assembly
  • Opening statements from both sides
  • Testimony of the witnesses and their cross-examination
  • Closing arguments from lawyers of both the parties
  • Instruction by jury
  • Deliberation by jury and their final verdict

Pros and Cons of a Settlement

Pros

Settlements take much less time than trials. While a settlement takes three to six months on an average, a trial could easily take twice as much time. As a result of their being quick, settlements are more efficient, less stressful, and cost less than a court trial.

As a plaintiff, you call all the shots in settlement negotiation. You may accept or reject any offer brought to the negotiation table by the defendant or their insurance company. While you have the freedom to negotiate for a better settlement offer, in a court trial you must accept any decision that the jury delivers.

Cons

Accepting a settlement sometimes lessens your chance of securing as much compensation amount as you potentially could, if you went to court. Take your lawyer’s help in deciding if you should go to trial.

When you sign a settlement agreement and accept an offer, it is permanent. You give up all future rights to renegotiate or file a lawsuit in court. If your injuries worsen or you discover new injuries at a later stage, there is no option to demand more compensation or renegotiate.

Pros and Cons of a Trial

Pros

There is always the potential to secure a higher amount of compensation for your personal injuries in a trial as compared to a settlement. While the insurance companies try to deny or minimize your rightful claim, a jury verdict could consider factors like loss of income, pain and suffering, and emotional trauma.

In addition, winning a court battle provides fair play and reparation, especially when the court holds the defendant guilty.

Cons

Trials can often end up as being lengthy, protracted, and expensive affairs, with the court costs and attorney fees adding up, the longer the lawsuit drags. Court trials can typically last more than a year before reaching their rightful conclusion.

With a court trial, there is always the risk of losing the compensation case. You could end up spending a lot of time, effort, and money; and see it all go to waste if the verdict is not in your favor. It makes sense to file a lawsuit only if your lawyer thinks that you have a strong case, and the insurance company is unwilling to offer a reasonable settlement.

Hire an Experienced Personal Injury Attorney in Georgia

If you or a loved one is a victim of an accident, you must never settle for what is less than fair and rightful compensation. Hire a personal injury attorney that never shies away from a court trial, to help you claim what the insurance company tries to usually deny.

Our attorneys at Stein & Fox will work tirelessly to protect your interests and maximize your claim. Call today at (770) 961-1700 for a free, no-obligation consultation to get started.