Personal Injury Lawyers – What Is Negligence?

Negligence is carelessness or harmful intent that leads to the harm of another person. It may be an action taken, such as carelessly knocking a hammer off the roof that hits another party in the head, or failing to act, such as when a property owner does not fix a hole in a stair step, causing someone to trip and fall. It can also be caused through the intentional act of someone that leads to an injury.

If someone’s negligence caused an injury to another person, that person may file a personal injury claim or lawsuit. It is not enough for the injured person to simply state that an injury has occurred. In order for a legal claim to be valid, these four things must be shown by the person filing the lawsuit:

The defendant owed the plaintiff a duty of care
The defendant failed to exercise that duty of care towards the plaintiff
The defendant’s breach of duty caused the plaintiff to be injured
The plaintiff suffered damages as a result

Can you win your case?

In order to win a personal injury claim or lawsuit, the plaintiff must show that the defendant was negligent and breached his duty of care. Basically, if it could be foreseen by a reasonable person that an injury may happen as a result of certain actions, the defendant has the duty of care to avoid those actions. An example would be if a reasonable person could see that throwing driving recklessly could lead to an accident, then the person driving in that manner has a duty of care not to perform those actions.

The plaintiff must show that his injuries were caused by the carelessness of another resulting from that specific accident, and not by a condition or injury that pre-existed prior to the accident. Additionally, the plaintiff must show that he or she has suffered damages as a result of the other party’s inaction or actions, such as medical bills and lost wages, because of not being able to work.

Many lawyers offer free case evaluations to help determine if the person that was harmed has a legitimate legal claim, and it whether it would make sense to file a personal injury claim or lawsuit to recover damages for their injuries.

Have you or someone in your family sustained injuries from a bike accident? You deserve compensation – get the help of a skilled personal injury lawyer.

Bicycle accidents do not seem to rouse serious concern from a statistical point of view. Bicyclist deaths contributed to only 2 percent of traffic fatalities and 2 percent of traffic injuries in the latest findings of the National Highway and Traffic Safety Administration.

However, these are just statistics. If you have sustained injuries from a bike accident, it can be devastating. Not only are you burdened with medical expenses, but you may also need to prove who’s responsible for the accident. In cases like this, people can be quick to judge you as a bicyclist. You need a skilled and experienced lawyer to handle your case and ensure that you are compensated fairly.

Bike Accident Causes

The top cause of bike accidents is collision with vehicles. According to Bicycling Magazine, the five most common bike-car collisions are:

Left-cross – When a car makes a left turn without seeing an approaching bicycle

Right hook – When a car passes a traveling bicycle on the right side of the road, then makes a right turn, crossing the bike’s path

“Dooring” – When a bicycle passes by a car parked on the side of the road, just as the car door opens towards the bike

Parking lot exit – When a car exits a parking area just as a bicycle is passing by the exit

Overtaking – When a car hits a bicycle from behind

Aside from vehicular collisions, road hazards are also a threat to bicyclists. Potholes, sewer grates, and rail tracks are just some of the common road objects that can sway a relatively unstable vehicle like a bike. In such cases, the government may be held liable if they could have done something to eliminate the risk in the first place.

Claiming Compensation for a Bicycle Accident

Though bicycles are considered relatively safe, a bike accident can lead to catastrophic results, such as a serious injury or even the death of a loved one. You deserve to be compensated financially and emotionally for the medical treatment, loss of opportunities, and even emotional pain that you are going through.

However, it can be difficult to pinpoint where the responsibility lies. A skilled attorney can help you prove someone else’s liability and claim the compensation you deserve. Aside from providing you with legal support, a good lawyer can also help you obtain the medical and even logistical care needed for your injuries.

Our firm has been helping people with their injury or wrongful death cases for over 30 years. They have handled and won numerous bicycle accident cases. Learn how we can help you by calling for a free consultation. More information on this website

An auto accident can change your life forever. There are vehicle repairs to worry about, of course, but those costs are often negligible compared to the other possible consequences. You may have to deal with medical issues that will affect you for the rest of your life; you may need to miss work for a long period; or you might even be unable to continue working. Most people know that as a driver they are eligible for damages if someone else was at fault, but people are often less clear about their rights as a passenger. If you have been injured in an auto accident while you were a passenger, you should be aware that you do have rights.

As a passenger injured in an auto accident, you are eligible to receive the same types of damages as a driver. However, you cannot receive compensation for damages to another person’s vehicle since you did not incur any of the repair costs.

If you were a passenger during a car accident and another driver was at fault, you are eligible to receive full compensation. This can include medical expenses, lost wages, loss of future income, pain and suffering, and other types of damages depending on the details of the case. What you may not realize is that if the driver you were traveling with was at fault, you also have rights. All persons operating motor vehicles have a duty to drive in a safe manner that does not expose passengers to unnecessary risk. If the driver was speeding, was under the influence of drugs or alcohol, or failed to obey the laws of the road, then they neglected to operate their vehicle in a safe manner. If an accident occurred because of this negligence, you as the passenger are eligible to receive compensation. You may qualify for the same damages as you would if another driver was at fault.

A big question for many passengers is whether they should seek compensation if the driver was at fault. In many cases, the driver is a loved one or friend, so making the decision to take them to court is often difficult. In these instances, though, your first priority has to be protecting yourself. Injuries you sustained in an auto accident may affect your ability to work for years to come and medical bills can quickly add up. Furthermore, the driver’s insurance company will most likely be stuck with the bill. If the driver was at fault in the accident, his or her premiums will almost certainly increase regardless of whether you file a claim.

If you are injured as a passenger in an auto accident—regardless of who was at fault—you should take the following steps to ensure that you receive any entitled money. The first is get checked by a medical professional right away. Have the doctor document all of your injuries, no matter how minor they may seem at the time. Second, you should not sign anything from the insurance company. Their job is to get you to settle for the least amount possible, so it’s quite probable they will offer you far less than they know you deserve. Finally, you need to seek legal counsel from an auto accident attorney that knows the laws regarding auto accidents and the rights of passengers.

Our firm has worked to protect the rights of injury and accident victims for more than 20 years as civil litigators. We work to maintain the objective of making a difference to those who have been wronged by another. In the extensive period the have been litigating injury cases, we have acquired invaluable legal knowledge to assist injury victims and their families in obtaining just compensation for the physical harm and emotional suffering that has befallen upon them at no fault of their own.

In acquiring millions of dollars in settlements and verdicts for his clients, our dedication has helped accident victims in receiving the monetary funds that they need to help pay for expenses associated with their injuries brought on by another individual?s negligence. More information on this website