Negligence in a Personal Injury Case

The basis of most personal injury cases is negligence. Essentially, the personal injury case is to establish that an injury was caused by someone else’s fault for the accident. Negligence can sometimes be difficult to understand so it can be easily explained by using duty of care.

Duty of care is simply the responsibility of one person to not injure another person. In order to win a personal injury case, the first point that must be proven is that someone else was negligent. In order for another person to be considered negligent, it must be proven that they were a duty of care in the situation in which the injury took place. Once it is established the other person was a duty of care, the injured person will have to prove how the defendant (the other person in the situation) breached their duty of care. After it can be proven that there was a breach in the duty of care, the injured person must show they suffered injuries directly related to the breach.

In a personal injury lawsuit, the plaintiff (the injured person) needs to show that something the defendant did or did not do something that failed to reach the expected level of care in the situation. The basis of what is the standard amount of care for each situation depends on different situations. Here are some examples of reasonable care for different situations:

Traffic Accident: Anyone operating a car has the legal obligation to drive their car with care. This includes taking outside factors, including traffic, visibility, and weather, into consideration when operating the vehicle.

Slip and Fall Accident: A business or property owner is legally obligated to keep their building free from known risks and they must remedy any found dangers within a reasonable amount of time.

Medical Malpractice: A doctor has the legal duty to provide the same level of skill and care in a treatment that another reasonably competent doctor or health care provide would act while enduring similar circumstances.

Defective Products: The seller, manufacturer, and distributor of a consumer product have the legal obligation to create and distribute products that do not have any unexpected or unreasonable dangers to the purchasers.

After the plaintiff has been able to establish duty of care, the plaintiff’s attorney needs to show exactly what the defendant did or did not do that made their behavior inappropriate or unreasonable for the circumstance. In some instances, the plaintiff may have taken part in causing their own injuries, along with the defendant’s negligence. In most states if this is the case, the plaintiff’s awarded compensation could be lessened by the amount that equivalates to the percentage that it was their own fault. In some states, however, if the plaintiff is found to be even slightly responsible for the accident, they will not be able to receive any compensation from other defendants. This is known as a system called contributory negligence. The final step in a personal injury case after proving negligence is to show how the plaintiff was injured by the defendant’s inaction or action.

 

If you have any questions about negligence in your case, contact a personal injury lawyer Cheyenne, WY, residents recommend for aid.

 

Thanks to our friends and contributors from Cannon Hadfield Stieben & Doutt for their insight into personal injury law.

 

Will Homeowners Insurance Cover a Slip and Fall Accident?

If a person is injured in a slip and fall accident on residential property, the homeowner may be held liable. In such case, the homeowner would be responsible for compensating the victim for any injuries and damages suffered in the accident. Liability, however, depends on numerous factors and can vary by situation. If liable, home insurance may cover the accident. Certain limitations and exclusions may apply so it’s important to learn the terms of the insurance policy.

Premise Liability

A homeowner has a duty to provide some safe premises to every person that enters the property. This is what is referred to as premise liability. Any area of the property that is open or likely to be visited by a person should be free of any unsafe or hazardous conditions. If a slip and fall accident were to occur, the homeowner can be held liable if:

  1. They are responsible for the unsafe condition.
  2. They knew or should have known about the condition.
  3. They had enough time to correct the condition.

Premise liability is still dependent on a few other factors, such as the status of the person entering the property. For example, someone invited onto the property is owed a greater duty of care than a trespasser. In some states, however, a homeowner can be held liable for the injuries of a trespasser on the property under certain conditions.

Homeowners’ Insurance

Homeowners insurance will typically step in when legal action is brought forward after a slip and fall accident and the homeowner is found liable. The only exception is if the fall was caused purposely or maliciously, in which case the insurance company will usually not cover the fall.

Types of Accidents Covered by Homeowners’ Insurance

Most injuries and property damage will be taken care of by liability coverage within the homeowners’ insurance policy as long as negligence by the homeowner is proven. Accidents that are likely to be included in liability coverage include those caused by:

  •         Wet or slippery walkways
  •         Stairs that are not up to building codes
  •         Stairs with loose boards, foreign objects, no handrails, shallow or uneven steps
  •         Flooring, rugs, or carpet that are uneven, frayed, loose, have holes
  •         Broken or uneven sidewalks or walkways

What to do After a Slip and Fall Accident

If you have been injured in a slip and fall accident at another person’s home there are several steps to take if you intend to recover damages. A successful claim requires proof of the accident, the cause of the accident and the injuries that occurred from the accident. You should first document the accident and the scene of the accident, especially the specific condition that caused the fall. This can be done by taking photos, videos and writing down the events that led to the accident. It is also wise to obtain any witness testimony of the accident. In addition, you will need to gather all medical records and bills regarding the injury. It is important to hire a slip and fall accident lawyer such as the Personal Injury Lawyer Salt Lake City UT locals turn to who can help you build a strong case An experienced lawyer will help you take the necessary steps to increase your chances of obtaining compensation for your injuries and damages.

 

Thanks to authors at Rasmussen & Miner for their insight into Personal Injury Law.

Reasons You Need an Attorney for a Deposition

When a person considers the court process, it is common for them to envision it in the traditional sense of judge, jury and trials. In fact, court proceedings can require far more steps than what is typically played out in the news or on television.

Pre Trial Depositions

Depositions are part of a pre trial testimony that calls an expert witness to testify regarding the case. Court reporting companies are responsible for transcribing the contents of the testimony during a deposition; which usually will occur in an attorney’s office or conference room. There are pros and cons to a person going through the deposition process. One challenge being that the witness will be committed to the position or recommendation they make during a the duration of the legal process. One benefit to a deposition is that it could bring up a conversation regarding settlement. You will be asked if you would like to have an attorney present because pre trial depositions are considered to be legal proceedings. You may have to endure this process whether you are a defendant or plaintiff in a lawsuit. The outcome of your trial could be impacted negatively if there are inconsistencies in your statement. Although you have the ability to represent yourself, it is not advised to proceed with a deposition without legal representation. There will be questions asked of you by the opposing counsel that may be difficult to answer. Being able to prepare for deposition with practice questions and being coached through the process by an attorney will be helpful.

Witness Testimony

You should consider hiring an attorney to represent you if you have been called as a witness for a case. This is simply a way of protecting your rights, regardless of whether or not you are directly involved with the case. Your family, your employer and yourself could be impacted if you do not have an attorney present to represent you. Questions can be tricky and designed specifically to trip you up, because you must testify under oath, it is important that you are prepared for testimony. An attorney will be of great help because anything you say can be used against you.

Support from Your Employer

It can be an intimidating process to be called to testify. You can ask that your employer pay for legal counsel if you have been summoned to court to testify on part of your employer. Since you are testifying to the benefit of your employer, your employer may comply because it is in their best interest. They may either reimburse you once you have testified or directly pay an attorney.  

If you have questions contact one of the court reporting companies Washington, D.C., respects to get help.

 

Thanks to our friends and contributors from Veritext Legal Solutions for their insight into depositions.

 

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Brachial Plexus Injuries in Newborns- Bad Luck or Medical Negligence?

By Andrew Needle

Needle & Ellenberg, P.A.

www.needleellenberg.com

 

Brachial plexus injuries in newborns can be catastrophic, life altering, life long, physical impairments for the new born. Brachial plexus injuries (commonly described as a “palsy”) have an incidence of 1.5 cases per 1000 live births and have not declined despite recent advances in obstetrics. Brachial plexus injury is the classic injury following shoulder dystocia. In a shoulder dystocia, the fetal shoulder gets stuck under the mother’s pubic symphysis. Birth weight is believed to be the most important fetal factor for shoulder dystocia. A birth weight higher than 4.5 kg carries a ten-fold risk increase for brachial plexus injury. Gestational diabetes is frequently related to this causing a more massive fetus with a thicker body making transit past the pubic symphysis more difficult. Other maternal risk factors include obesity, a short stature, and a history of prior shoulder dystocia deliveries.

 

Medical description of the brachial plexus injury goes back to ancient times with the modern description dating to the latter part of the 19th Century. The brachial plexus consists of the nerve roots of spinal cord segments C5, C6, C7, C8, and T1. Brachial plexus injuries usually fall into the two major groups of Erb’s palsy and Klumpke’s palsy. The Erb’s Palsy involves injury to the upper trunk of the brachial plexus (nerve roots C5 through C7). This palsy affects the muscles of the upper arm and causes abnormal positioning of the scapula: “winging”. Muscles of the wrist that are controlled by C6 may also be affected. The Klumpke’s palsy involves lower trunk lesions from nerve roots C7, C8, and T1. This is the more severe of the injuries causing the elbow to become flexed and the forearm into a palm up position with a claw like deformity of the hand. Only a limited sense of the degree of injury can be assessed by physical exam and clinical observation of the baby’s movement limitations; and the full extent of the injury and the specific locations of the lesion causing injury can only be determined by surgical exploration of the brachial plexus at the time of a reparative procedure.

 

There is a school of thought that all brachial plexus injuries during birth are avoidable and are the product of either excessive traction on the baby’s head by the obstetrician or the use of fundal pressure by labor and delivery nurses which further jams the shoulder into the pubic symphysis in combination with excessive traction. Multiple techniques are available to the obstetrician  or mid wife to free the shoulder without exerting undue and excessive traction stretching, pulling, and even avulsing the nerve roots.

 

As a likely response to the avoidability of the brachial plexus injury and the consequent lawsuits for the deviations from the standard of care by the delivering health care professional, beginning in the late 1990s, medical researchers looking for ways to defend against the claims began developing an alternative causation theory for obstetric brachial plexus injuries. This so-called intrauterine causation theory opines that the intrauterine forces during delivery cause the brachial plexus injury—as opposed to the traction used by the health care provider on the fetal head. It has been traditionally thought that most brachial plexus injuries result from stretching of the nerves of the brachial plexus during delivery.

 

The competing theories have had implications for parents whose child has been delivered with the injury in the form of greater contest of medical malpractice claims and the need by the claimant’s attorney to “de-bunk” this junk science created to excuse the negligent physician or mid-wife. These cases should only be handled by experienced medical malpractice attorneys fully familiar with the injury and its causes.

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Has Your Vehicle’s Airbag Been Recalled?

Following Takata’s announcement in 2013 that some of their airbags were defective, tens of millions of vehicle’s airbags have been recalled.  These airbags have been found to be incredibly dangerous, with at least 11 known deaths and 184 injuries in the U.S.

These airbags are known to have faulty inflator and propellant devices that, even in minor fender benders, can defect and fire shrapnel into the car’s cabin.

Look through this list and check if your vehicle’s make and model have been affected.  You can also check your VIN here as another precaution:

If your vehicle is affected, please contact your local dealer for an immediate replacement.  Stay safe and raise awareness to your friends and family to check their vehicle as well.

 

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If you’ve been injured in a car accident, contact a car accident lawyer Miami FL trusts, Needle & Ellenberg, P.A.

How Can an Attorney Help my Knee Injury Case?

Many people who are affected by a knee injury accident often rely on the legal advice of a personal injury attorney for representation. A knee injury can occur as a result of a slip and fall, negligence and/or intent of another person or company. Attorneys find great reward in knowing we can help people overcome financial and health losses. You may be eligible for great compensation including loss of pay, health bills in addition to pain and suffering, and treatment from a professional such as the best doctor for knee pain in Rockville.

To ensure it is in fact a specific knee injury you are suffering from, we have briefly answered a couple common questions we receive from clients. It is not uncommon to go over the details of knee injury severity and symptoms with one of our attorneys during a meeting. A personal injury attorney believes you should schedule an appointment with your health provider if you are injured. However, we have listed specific tips on when to see your doctor if you have a knee-related injury. Your lawyer may even work alongside your doctor, at your discretion, to ensure you are receiving proper treatment and all diagnostics necessary.

What are the Most Common Types of Knee Injury Symptoms?

  • Swelling of the knee
  • A feeling of stiffness in and/or around the knee
  • The knee if warm to touch
  • You hear a crunch or pop sound when moving your knee
  • You are unable to fully straighten the knee

When Should I See My Doctor?

  1. When you cannot bear full weight onto the knee and feel unstable to lean on
  2. When you see any amount of swelling and/or a visible mark of injury
  3. When you can observe a deformity in your leg or knee area
  4. If you are not able to extend the leg or knee out to full ability
  5. If you have a fever along with knee pain (could be fighting an infection due to injury)
  6. If you experience a “giving out” of the knee, or you do not trust it to function properly

 
By choosing a personal injury lawyer , you can get help from start to finish when it comes to processing your claim. They can offer strategic and aggressive methods in order to award you the maximum compensation possible. They believe in holding the person or company responsible that may have contributed to your injured knee. They will fight for your rights, while you focus your energy on getting better.

 
Thanks to authors at Pain & Arthritis Center for their insight into Chiropractic Care.

Birth Injuries

There are many other things to worry about after just delivering your newborn child. Adjusting to a new life, as well as the excitement for a new chapter. In the midst of all of your great news, the very last thing you would want to hear is that your child suffered a birth injury. Birth injuries differ from birth defects as they are typically caused from difficulties during labor and delivery. In some instances, birth injuries began before labor and delivery, depending on prenatal medical care.  

Many birth injury attorneys only specialize in one birth injury, such as cerebral palsy which is the leading birth injury in the United States. However, in the case of one of the following injuries, contact a birth injuries Decatur GA trusts:

 

 

Because birth defects and birth injuries are very similar, it may be hard to determine if labor or delivery complications caused the injury. You may be able to file a claim for a birth injury, but not necessarily a birth defect, so it is important to determine which your child has suffered from. An injury does not entirely secure a successful legal claim, so be sure to speak with an experienced attorney that knows how to fight your unique case. Some doctors use reasonable and competent judgement that may cause injury, but does not deem them liable. However, if a doctor’s incompetent misjudgment indeed causes a birth injury, there are chances that you will have a valid legal claim against said doctor.

A birth injury claim may also be obtainable if a drug that was prescribed under the care of a doctor or pharmacist causes an injury to the child. There is a possibility that a birth injury claim can be filed against both the doctor or pharmacist, and even the pharmaceutical manufacturer.

If you happen to be in situation here you believe a birth injury has occurred, it is imperative that you speak with an attorney to evaluate your case to decide whether your case is legitimate. Birth injury cases are not easy to fight so it is in your best interest to hire an attorney that is skilled and experienced as soon as the injury is established.


Thank you to our friend and contributor, Andrew R. Lynch, P.C., for his insight on this delicate subject.

 

Can Physical Therapy Care Help With Pregnancy Pains?

Some people may consider Physical Therapy methods relatively unorthodox when compared to traditional medicine. Physical Therapy focuses on the spine, the central nervous system (CNS), and how the CNS contributes to pain. Misplaced vertebrae can cause excessive pressure on the nerves throughout the spine; which can be interpreted by the body as pain in another region. In other words, a patient may experience pain in their leg, however, the injury is located in the spine. Physical Therapists help alleviate this pain by making adjustments to the spine in order to reduce pressure on the nerves.

Though Physical Therapists mainly have a reputation for addressing lower back and neck pain, many pregnant patients agree that Physical Therapy treatment is helpful in reducing pregnancy pains. In fact, it is relatively common for Physical Therapists to treat pregnant women; some Physical Therapists are even specially trained to treat pregnant women’s’ needs. Occasionally, special tables are present in practices that are designed specifically for pregnant women to allow the Physical Therapist to perform techniques without placing additional pressure on the fetus.

Physiological and endocrinological changes are common during pregnancy. Postural adaptations, protruding abdomen, and pelvic changes can increase back curve which may result in sore joints or a misaligned spine. Producing a balance in pelvic alignment is one benefit to obtaining Physical Therapy treatment during a pregnancy. If a woman’s pelvis is out of position, it can decrease the room for the fetus to develop; this is known as intrauterine constraint. This reduced space may cause difficulty for the baby to attain the proper position during delivery. Unfortunately, breech babies pose a danger to both the baby and the mother as they can require C-sections.

Physical Therapy treatment during pregnancy may provide additional assistance for expecting mothers in various ways. Advantages of Physical Therapy treatment during pregnancy include reduced time for labor and delivery and controlled symptoms of nausea. It may also help reduce neck, back, and joint pain during and post pregnancy. Physical Therapy treatment can help advance recovery of the postpartum process. By correcting the misalignments that may occur during labor, the mother’s body may function at full capability to allow for healing. Physical Therapy treatment is also effective in correcting posture problems or back pain caused by carrying the newborn.

If you are experiencing pain during pregnancy, consider seeking the aid of a licensed Physical Therapist uch as the Physical Therapist Rockville, MD locals turn to. The Physical Therapist may be able to help reduce the pain associated with pregnancy as well as increase your recovery time.


Thanks to authors at Pain and Arthritis Center for their insight into Physical Therapy Care.

Filing a Personal Injury Claim for Lead Poisoning

Lead poisoning affects many Americans every year. The majority of these victims are children. According to the U.S. Centers for Disease Control and Prevention (CDC), about 2.5% of all American children have elevated levels of lead in their bloodstream. Elevated lead level can directly lead to a lower IQ and learning disabilities.

Filing a Civil Suit for Lead Poisoning

It is likely that many victims of lead poisoning have not gotten the legal help they need. Almost all American homes contained lead paint before 1978. If children living in these homes breathe in lead paint dust they are in danger of lead poisoning. The risk of lead poisoning also increases when older homes are remodeled without the proper precautions.

Parents of children with lead poisoning can file lawsuits on their behalf.  Children who are exposed to even a little bit of lead are at risk of brain damage. Exposure to even a small amount of lead can potentially cause mild to severe brain damage. If your child has suffered lead poisoning, you should contact an experienced personal injury lawyer Salt Lake City UT residents have turned to in the past right away.

Effects of Lead Poisoning

Children who are seven and younger are the most at danger of developing mental disabilities from lead poisoning. The effects of lead poisoning in children are irreversible. Children who suffer lead poisoning may experience stunted growth, severe headaches, hearing difficulties, learning problems and brain damage.

Lead poisoning can also affect adults. They may experience digestive issues, muscle aches, nerve damage, high blood pressure and problems during pregnancy.

If your child suffered lead poisoning, you should speak to a lawyer as soon as possible. You may be entitled to compensation. It is in your best interest to hire a lawyer who has experience dealing with lead poisoning lawsuits. He or she knows what to expect and may improve your chances of winning fair compensation. A lawyer can communicate with insurance adjusters on your behalf and protect your rights.

During your initial consultation with a personal injury lawyer, you may be asked a lot of questions, such as how your child developed lead poisoning and how it has affected his or her health. Make sure to include as many details as possible in your answers. If you have any evidence pertaining to your case, such as medical records, remember to bring them with you to the consultation.

 


Thanks to our friends and contributors from Rasmussen & Miner for their insight into personal injury.