Patrick H. Yancey

Personal Injury, General – Details

admin — Wed, 19 Jan 2011 06:24:15 +0000

Every year, more than 90,000 people die in the United States as a result of unintentional injuries. If you have been recently injured or diagnosed with an illness, contact our office to see if you could be entitled to compensation for your injuries.

Personal injury lawsuits arise, as the name implies, when someone is injured. The underlying injury may either be physical or emotional, and it can arise from a variety of sources or types of conduct. Some of the most common types of personal injuries that give rise to legal liability on the part of the wrongdoer include slip and fall cases, automobile accident cases, assaults and batteries, medical malpractice actions, and products liability lawsuits. The general goal of personal injury actions is to assign blame-or liability-for the injury to the parties whose actions caused it and to require them to compensate the injured person for the losses sustained. If you or someone you know has been injured by the actions of another, it is essential that you seek legal counsel from an experienced personal injury attorney at once so that you can preserve your rights and protect your future[...]

Personal Injuries from Dangerous and Defective Products

When someone is injured while using a product that left the manufacturer or seller’s hands in a defective or dangerous condition, he or she may be able to recover the resulting damages from the responsible party in a products-liability-based personal injury suit. Products liability law is based on the responsibility of a manufacturer or other provider of goods to compensate users of the goods for injuries caused by defective or dangerous products that it placed into the stream of commerce. The basic idea underlying products liability law is that the companies providing the products are usually in the best position to prevent defective products from entering the marketplace, so if they fail to do so, they should be held accountable. An experienced and knowledgeable personal injury lawyer can advise injured persons on whether they may have a claim against a product manufacturer or seller and can help them recover the damages to which they are legally entitled[...]

Top 10 List: Reasons to Hire An Experienced Personal Injury Attorney

When you’re personally injured, you need all the help you can get, and you need it as soon as possible. Unfortunately, that means that some injury victims pick the first attorney they find, rather than making an informed choice. It’s important to educate yourself and find the right injury attorney fit for you and your case. Using this list, you can find the right attorney to make the most of your case[...]

Personal Injuries From Animal Bites or Attacks

Animal attacks can result in far more than physical pain. Disfigurement, a fear of rabies or other disease, and even a long-term fear of the type of animal that caused the injuries can ensue. A pet owner may be liable for such injuries when his or her animal bites or otherwise attacks another, meaning that he or she must compensate the injured party for the resulting damages.

Although animal-attack claims most commonly involve dog bites, many other types of domesticated animals, such as ferrets, cats, and even birds, can also bite humans, causing injury and potential liability for their masters. Even non-domesticated animals, such as large cats ordinarily found in the wild, can attack children and adults. The liability for all such attacks, if any, will vary greatly from jurisdiction to jurisdiction. An experienced animal bite lawyer is the best source for accurate advice and information in animal attack cases[...]

Slips, Falls, & Other Premises-related Personal Injuries

Premises liability law involves the legal responsibility of owners and occupiers of property for mishaps experienced by persons on the property and the resulting injuries. One of the most common causes of such injuries is a trip or slip and fall, such as on an icy sidewalk, a loose or uneven stair tread, or a piece of debris or spilled liquid on the floor. The actual liability of the potentially responsible individuals varies depending on the rules and principles adopted in the jurisdiction where the mishap occurred. An experienced slip and fall lawyer lawyer can determine whether liability may exist in a particular case and help an injured person recover damages for lost wages, medical bills, and pain and suffering[...]

Personal Injury Cases – An Overview

If you have suffered a personal injury, you may be entitled to compensation for your injury. Legal responsibility, called “liability,” revolves around the simple fact that most injuries happen because someone was careless or “negligent.” Even if you believe you may have partly caused your own injury, in most states you can still get some compensation from anyone else who was also careless and partly responsible for your injury[...]

When Personal Injury Result in Death

Wrongful death claims allege, as their basis, that the deceased died as a result of the negligence or liability of another. The deceased’s surviving relatives, dependents, or beneficiaries may bring suit against those claimed to have been responsible, seeking monetary damages to compensate for the losses. Each state has its own statute covering the viability of claims for wrongful death, and not every state follows the same guidelines, principles, or rules. A wrongful death attorney in your state can advise you on whether you have a valid wrongful death claim and can help you pursue that claim to the best possible outcome[...]

How to Find Best Personal Injury Attorney

If you’ve suffered a personal injury through the fault of another, you may be out of work, overwhelmed with piles of medical bills, or in constant pain and agony. Under any of these circumstances, researching, locating, and retaining the best lawyer to handle your personal injury claim in court can seem like yet one more insurmountable obstacle. There are, however, some guidelines that can help you select the right personal injury lawyer. With the right advocate on your side, you can breathe a sigh of relief and let someone else carry at least part of your burden, allowing you to focus on your recovery[...]

Frequently Asked Questions about Personal Injury

Q: I’ve been hurt in an accident and I want to file a claim for my injuries. What’s the first thing I should do?
A: There are a number of things you can do in the first few days and weeks after an accident to protect your right to compensation, such as: 1) write down as much as you can about the accident itself, your injuries and any other losses (such as wages) you’ve suffered as a result of the accident; 2) make notes of conversations that you have with people involved in the accident or the injury claim; 3) preserve evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs; 4) locate people who witnessed the accident and who might be able to help you prove your case; 5) notify anyone you think might be responsible for the accident of your intention to file a claim for your injuries, especially if a government agency or employee may be involved; and 6) contact a personal injury attorney to evaluate and pursue your claim.
Q: How do I know if I have a personal injury case?
A: First, you must have suffered an injury to your person or property. Second, you should consider whether your injury was the result of someone else’s fault. It is not always necessary to have a physical injury to bring a personal injury lawsuit. Personal injury claims are often based on a variety of non-physical losses and harms. In the case of an assault, for example, you do not need to show that a person’s action caused you actual physical harm, but only that you expected some harm to come to you. You also may have a case if someone has attacked your reputation, invaded your privacy, or inflicted emotional distress upon you.
Q: How soon after I am injured do I have to file a lawsuit?
A: Every state has certain time limits, called “statutes of limitations,” which govern the amount of time you have to file a personal injury lawsuit. In some states, you may have as little as one year to file a lawsuit arising out of an automobile accident. If you miss the deadline for filing your case, your claims can be dismissed. Consequently, it is important to talk with a lawyer as soon as you receive or discover an injury[...]

Personal Injury, General Resource Links

CDC Health Topic
Injuries From the Centers for Disease Control and Prevention. Features information on accident causes and prevention, traffic fatalities, drowning, falls, and more.
Division of Quality Assurance
U.S. Department of Health and Human Services. Links to National Practitioner Data Bank and the Healthcare Integrity and Protection Data Bank.
Insurance Institute for Highway Safety / Highway Loss Data Institute
Features vehicle ratings, safety facts, publications and more[...]

Return to Personal Injury lawyer

Personal Injury, General Resource Links

admin — Wed, 12 Jan 2011 12:47:23 +0000

Bureau of Labor Statistics
Features labor data, surveys, publications and more.

CDC Health Topic
Injuries From the Centers for Disease Control and Prevention. Features information on accident causes and prevention, traffic fatalities, drowning, falls, and more.

Division of Quality Assurance
U.S. Department of Health and Human Services. Links to National Practitioner Data Bank and the Healthcare Integrity and Protection Data Bank.

Insurance Institute for Highway Safety / Highway Loss Data Institute
Features vehicle ratings, safety facts, publications and more.

MEDLINEplus
Accidents Features articles on accident prevention and safety.

National Highway Traffic Safety Administration
Information about automobile recalls, product safety, and auto research.

National Patient Safety Foundation
Features patient safety literature.

National Safety Council
Features home, environment and workplace safety resources.

NHTSA Recall Links From the National Highway Traffic Safety Administration.
Features information on recalls for cars, child safety seats, school buses and more.

OSHA Ergonomics Standard
Features the ergonomics standard proposal, ergonomics FAQs and more.

U.S. Consumer Gateway Health
Features resources on health care, diseases, drugs, insurance and more.

U.S. Consumer Product Safety Commission
Features consumer publications, product recalls, statistics and more.

Return to Main

Return to Personal Injury lawyer

Frequently Asked Questions about Personal Injury, General

admin — Wed, 12 Jan 2011 12:20:24 +0000

Q: I’ve been hurt in an accident and I want to file a claim for my injuries. What’s the first thing I should do?

A: There are a number of things you can do in the first few days and weeks after an accident to protect your right to compensation, such as: 1) Write down as much as you can about the accident itself, your personal injuries and any other losses (such as wages) you’ve suffered as a result of the accident; 2) Make notes of conversations that you have with people involved in the accident or the injury claim; 3) Preserve evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs; 4) Locate people who witnessed the accident and who might be able to help you prove your case; 5) Notify anyone you think might be responsible for the accident of your intention to file a claim for your injuries, especially if a government agency or employee may be involved; and 6) Contact a personal injury attorney to evaluate and pursue your injury claim.

Q: How do I know if I have a personal injury case?

A: First, you must have suffered an injury to your person or property. Second, you should consider whether your personal injury was the result of someone else’s fault. It is not always necessary to have a physical injury to bring a personal injury lawsuit. Personal injury claims are often based on a variety of non-physical losses and harms. In the case of an assault, for example, you do not need to show that a person’s action caused you actual physical harm, but only that you expected some harm to come to you. You also may have a case if someone has attacked your reputation, invaded your privacy, or inflicted emotional distress upon you. All these fall under the category of personal injury claims and you are entitled for a personal injury lawsuit.

Q: How soon after I am injured do I have to file a personal injury lawsuit?

A: Every state has certain time limits, called “statutes of limitations,” which govern the amount of time you have to file a personal injury lawsuit. In some states, you may have as little as one year to file a lawsuit arising out of an automobile accident. If you miss the deadline for filing your case, your injury claims can be dismissed. Consequently, it is important to talk with a personal injury lawyer as soon as you receive or discover any kind of personal injury so that you can discuss the injury lawsuit, only then can he help you the most.

Q: What should I bring with me for my meeting with a personal injury lawyer?

A: You should provide your personal injury lawyer with any documents that might be relevant to your injury case. Police reports, for example, contain eyewitness information and details about the conditions surrounding auto accidents, fires, and assaults. Copies of medical reports and bills from doctors and hospitals will help demonstrate the extent and nature of your injuries. Information about the insurer of the person who caused your personal injury is extremely helpful, as are any photographs you have of the accident scene, your property damage, and your injury. The more information you are able to give your injury attorney, the easier it will be for him or her to determine if your injury claim will be successful. If you haven’t collected any documents at the time of your first meeting, however, don’t worry; your lawyer will be able to obtain them in his investigation of your injury claim.

Q: What if a person dies before bringing a personal injury lawsuit?

A: It depends on whether the person died as a result of injuries from the accident, or from unrelated causes. If a person injured in an accident subsequently dies because of those injuries, that person’s heirs may recover money through an injury lawsuit known as a wrongful death action. Also, even if a person with a personal injury claim dies from unrelated causes, the personal injury claim survives in most cases, and may be brought by the executor or personal representative of the deceased person’s estate. Wrongful death cases should be handled with extreme care and precaution and it is best to let your wrongful death lawyer know all the details so that he can build an injury lawsuit for the wrongful death.

Q: What is “negligence?”

A: The critical issue in many personal injury cases is just how a “reasonable person” was expected to act in the particular situation that caused the injury. A person is negligent when he or she fails to act like the standard “ordinary reasonable person.” The determination of whether a given person has met his/her “ordinary reasonable person” standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.
Negligence can cause all kinds of personal injuries, it also has many categories depending on the cause of the injuries. Negligence can be Medical or Nursing home abuse, or it can be caused when on board a vessel like railway, cruise ship or airplane or any other automobile.

Q: What if I can’t prove someone’s negligence caused my injury? Is there any other basis for personal injury liability besides negligence?

A: Yes; some persons or companies may be held “strictly liable” for certain activities that harm others, even if they have not acted negligently or with wrongful intent. Under this theory, a person injured by a defective or unexpectedly dangerous product, for instance, may recover compensation from the maker or seller of the product without showing that the manufacturer or seller was actually negligent. Also, persons or companies engaged in using explosives, storing dangerous substances, or keeping dangerous animals can be strictly liable for harm caused to others as a result of such activities. The theory behind imposing strict liability on those conducting such activities is that these activities pose an undue risk of harm to members of the community. Thus, anyone who conducts such activity does so at his own risk and is liable when something goes wrong and someone is harmed. The people who create certain risks are thus made accountable.
You should provide your personal injury attorney all the details of your accident so that he can prepare a personal injury case that fits your case and give you the compensation you deserve.

Q: Will the person who caused my injury be punished?

A: Not in the traditional sense of the word. Defendants in civil actions for personal injury do not receive jail terms or criminal fines as punishment. Those are criminal sentences, and personal injury cases are civil actions. However, in some cases, juries and courts can award what are called “punitive damages,” which are designed to punish defendants who have behaved recklessly or intentionally against the public’s interest. The goal in ordering the payment of punitive damages is to discourage such defendants from engaging in the same kind of harmful behavior in the future.
The person, however, may be warned and will be careful in the future. It is also up to the you if you see fit to let go the charges of your wrongful injury claim. Your personal injury lawyer can give you a better picture and guide you better by providing you the best advice.

Q: What can I receive if my personal injury lawsuit is successful?

A: Usually, a person who is liable for an injury and therefore his or her liability insurance company must pay an injured person for: medical care and related expenses; income lost because of the accident; permanent physical disability or disfigurement; loss of family, social and educational experiences; emotional damages, such as stress, embarrassment, depression or strains on family relationships; and damaged property. You will be awarded “damages,” which is money intended to restore you to the position you were in before your injury. This money is not considered income, and is not taxable as income by the federal government or the states.

Return to Main

Return to Personal Injury lawyer

How to Find a Best Personal Injury Attorney

admin — Wed, 12 Jan 2011 12:12:48 +0000

If you’ve suffered a personal injury through the fault of another, you may be out of work, overwhelmed with piles of medical bills, or in constant pain and agony. Under any of these circumstances, researching, locating, and retaining the best personal injury lawyer to handle your personal injury claim in court can seem like yet one more insurmountable obstacle. There are, however, some guidelines that can help you select the right personal injury lawyer.

With the right attorney on your side, you can breathe a sigh of relief and let someone else carry at least part of your burden, allowing you to focus on your recovery.

Personal Injury Attorney Selection Tips

One of the most important factors to consider when selecting a personal injury lawyer is whether the lawyer has experience in and concentrates his or her legal practice on personal injury law. Attorneys with personal injury law as their primary focus have a decided advantage in that they understand the complexities of the area, can more easily keep abreast of the latest developments and ever-evolving laws, and are more likely to know the habits and tactics of opposing counsel-all of which can give their clients an edge over the defendants. Plaintiffs’ lawyers with demonstrated experience dealing with insurance companies and their lawyers may have also gained credibility with these and similar types of common and recurring opposing parties, and thus have “less to prove” in order to achieve an equitable settlement on their clients’ behalf and can give them a clearer picture of their injury claim

Another factor worth considering is whether a particular personal injury lawyer has experience trying cases and winning substantial verdicts. Although most personal injury claims are settled out of court, knowing that an attorney is a skilled litigator can add an additional dimension to the client’s overall sense of security. And if the case does fail to settle, strong and shrewd litigation skills can almost certainly precipitate a better outcome for the plaintiff.

Most personal injury lawyers work on a contingent-fee basis, under which the client pays a fee only if he or she wins the case. Typical contingent fees range from thirty to forty percent of the amount of damages recovered; if no damages are recovered, no legal fees are due, but costs may still need to be paid. Although it may be tempting to choose a personal injury lawyer based on who will take the lowest percentage, fees alone should not be the determining factor. Often the most experienced lawyers may claim the higher fees, but if the personal injury attorney is not skilled and experienced, the plaintiff may have a lesser chance of prevailing, and any percentage of nothing is nothing.

Many personal injury lawyers provide initial consultations free of charge. Thus, potential plaintiffs may interview multiple candidates before signing a fee agreement. Care should be taken, however, to make a selection in a relatively short period of time, since the law provides strict limits on the time periods in which the lawsuit may be brought. Once engaged, the personal injury attorney should be responsive to the client’s needs, answering questions satisfactorily, returning phone calls promptly, and, most importantly, representing the client’s interests zealously. If at any time a client is dissatisfied with his or her counsel, the client should be able to change the injury attorneys without penalty.

Conclusion

Dealing with a personal injury, potential income loss, almost certain medical bills, and the resulting stress and anxiety can be overwhelming. One way to alleviate some of the immediate pressure and ensure the most favorable long-term consequences is to select a personal injury attorney who is experienced, skilled, and responsive to his or her clients’ needs.

Experienced personal injury attorneys can take care of all of your legal needs so that you can focus your energies on your recovery, and they may even be able to help you secure interim benefits to which you are legally entitled, well in advance of resolution of your lawsuit. If you have been injured, contact a personal injury today.

Return to Main

Return to Personal Injury lawyer

When Personal Injuries Result in Death: Wrongful Death Cases

admin — Wed, 12 Jan 2011 12:06:32 +0000

Wrongful death claims allege, as their basis, that the deceased died as a result of the negligence or liability of another. The deceased’s surviving relatives, dependents, or beneficiaries may bring an injury lawsuit against those claimed to have been responsible, seeking monetary damages to compensate for the losses. Each state has its own statute covering the viability of the injury claims for wrongful death, and not every state follows the same guidelines, principles, or rules.

A personal injury attorney in your state can advise you on whether you have a valid wrongful death claim and can help you pursue that claim to the best possible outcome.

Laws on Wrongful Deaths Resulting Vary from State to State

Some states have “true” wrongful death acts in which the next of kin are entitled to bring a cause of action in their own names as a result of damages sustained following the decedent’s death. Other states have acts that are more properly called “survival acts,” which preserve the rights that vested in the decedent at the moment of death, expand those rights to include the right of the survivors to bring a claim based on the decedent’s rights, and include claims for damages resulting from the actual death itself. Finally, some states recognize both types of death lawsuits, but generally have a provision that limits the right of the survivors in order to prevent a double recovery under the two different theories.

Which individuals are entitled to bring a wrongful death claim also depends on the jurisdiction in question. Generally, the primary beneficiaries of the individual-often the spouse and children-are able to bring a claim, and in some states the parents of the deceased may be also designated as beneficiaries. In most states, if the deceased did not leave behind any spouse, children, or parents, there is no one who may bring a wrongful death claim, unless the scope of the state’s wrongful death act has been expanded to include other persons who were dependent on the deceased. Sometimes, the recovery, if any, is simply doled out to the deceased’s heirs at law or is distributed to the beneficiaries of the estate, as it would be in any normal probate proceeding.

In most jurisdictions, in order to be legally liable, it is not necessary that the defendant’s conduct be the sole cause of the death, wrongful or not. Even when the defendant’s negligence contributes in part, or in tandem with other circumstances, to the decedent’s death, liability may still attach. Generally, a wrongful death cause of action can arise out of any tort theory, including an intentional tort, reckless or negligent behavior, or strict liability.

When a defendant is found legally liable for the death of another, the types of damages that may be recovered can also vary greatly. For example, the plaintiffs may be able to recover the costs of the deceased’s medical care and treatment related to the negligent conduct, the funeral expenses incurred for the deceased’s burial, the loss of future earnings of the deceased, the value of the loss of the deceased’s benefits (such as pension benefits or medical and health insurance coverage), the value of the loss of consortium, and general damages. Additionally, in a few states, the plaintiffs may be able to recover damages for pain and suffering or mental anguish that they experienced as a result of the death, as well as punitive damages.

Conclusion

When a loved one dies, the complexities of a legal wrongful death claim against the wrongdoer can be overwhelming.

At this already stressful and emotion-laden time, the best course of action is to seek the guidance of an experienced personal injury attorney with experience handling wrongful death cases, who can guide surviving family members through the complex legal maze and help secure legal compensation for their devastating losses.

The method and manner of calculating damages in a wrongful death action can be very complex. This potential complexity is especially true when trying to calculate the pecuniary loss to which the plaintiff’s are entitled. Pecuniary loss generally includes the survivor’s loss of support, contributions, and services due to the decedent’s death. The bases for computing these damages are the decedent’s life expectancy and work life expectancy. The life expectancy of the beneficiaries and, where necessary, the remaining period of minority of any beneficiaries must be considered. In calculating the value of the survivors’ future loss, not only may the wages of the decedent be considered but the court may also consider the value of past contributions made by the decedent, the decedent’s familial concern, his personal habits, and his spending behavior.

In cases where there is more than one beneficiary, the damages recovered will be distributed between those beneficiaries. Most states allocate the damages between the beneficiaries in accordance with their losses. However, in some states the recovery is divided as spelled out in statute, and in others divided according to normal intestacy laws within the state.

A defendant is entitled, in general, to raise any defenses in a wrongful death action that could have been raised in an action brought directly by the decedent, had he or she not died. Therefore, if the decedent was contributorily negligent in causing his or her own death, the defendant may assert that defense in the wrongful death action. Also, in most states, if the decedent had already recovered damages, such as in a case where the death was not immediate and the decedent was able to bring his own successful cause of action, the survivors may not then successfully bring a wrongful death action and recover, in essence again, for the same injury. There are limitations to this prohibition and in some situations, the survivors may be entitled to commence and maintain an injury or wrongful death claim, as the case maybe.

Return to Main

Return to Personal Injury lawyer

Personal Injury Cases – An Overview

admin — Wed, 12 Jan 2011 11:58:05 +0000

If you have suffered a personal injury, you may be entitled to compensation for your injury. Legal responsibility, called “liability,” revolves around the simple fact that most injuries happen because someone was careless or “negligent” and hence coming under the legal status of “negligence”. Even if you believe you may have partly caused your own injury, in most states you can still get some compensation from anyone else who was also careless and partly responsible for your injury. There are several factors that affect the potential success and value of a personal injury claim. Such factors include the ability to prove the fault of another for your injury and the nature and extent of your injuries. If you suspect you may have a legal claim, you should contact a personal injury attorney for an evaluation of your case. Personal injury lawyers are experienced with cases like yours, and can tell you at the outset whether it is worthwhile to pursue legal action of your lawsuit. If you are unlikely to prevail, your attorney will tell you so, and you will not need to incur the time and expense of pursuing an unpromising claim. In pursuing personal injury claims, attorneys work with investigators and experts in specialized areas, who can skillfully investigate the technical and medical aspects of your case. More importantly, a personal injury attorney can work through the maze of paperwork necessary to resolve your claim so that you can get on with your life.

Steps You Can Take Now

There are several steps you can take to increase your chances of recovery, and increase your potential overall recovery, in a personal injury case, even before you meet with a personal attorney. Such steps include:

writing down as much as you can about the accident or injury itself, your personal injuries and any other losses (such as wages) you’ve suffered as a result of the accident
making notes of conversations that you have with people involved in the accident or the injury claim
preserving evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs
locating people who witnessed the accident and who might be able to help you prove your case
notifying anyone you think might be responsible for your injuries of your intention to file a claim for your injuries, especially if a government agency or employee may be involved.

How Much is Your Personal Injury Claim Worth

Determining how much certain injuries are worth is a critical aspect of any personal injury claim. It is also the part of a claim about which it is most difficult to generalize; the amount depends on your very particular circumstances. A personal injury attorney can be more objective about your case than you can, and will not make a rash decision concerning your lawsuit. Where you may be tempted, for instance, to go for a quick payout, your injury attorney may counsel you that it is in your best interests to wait for a more appropriate offer. Lawyers are used to working with insurance companies, and will not be confused by their tactics or feel pressured to settle for an unsatisfactory amount. Personal injury lawyers work hard to reach the best settlements for their clients, as early in the litigation process as possible. If a trial becomes necessary, a personal injury lawyer can zealously represent you in court and work toward achieving the best possible jury verdict in your favor.

medical care and related expenses
income lost because of the accident, because of time spent unable to work or undergoing treatment for injuries
permanent physical disability or disfigurement
loss of family, social and educational experiences, including missed school or training, vacation or recreation, or a special event
emotional damages, such as stress, embarrassment, depression or strains on family relationships for example, the inability to take care of children, anxiety over the effects of an accident on an unborn child, or interference with sexual relations, and
damaged property.

Also, the following guidelines usually applied:

The more painful the injury, the higher the potential damages you may recover
The more invasive and longlasting the medical treatment, the higher potential damages you may recover
The more obvious the medical evidence of the injury, the higher potential damages you may recover
The longer the recovery period, the higher potential damages you may recover
The more serious and visible any permanent effect of the injury, the higher potential damages you may recover.

How Will Fault for My Injury be Determined

Various rules of fault apply in different types of personal injury actions. Here are some examples of liability rules in different types of actions:

Suppose you are injured in a store. Can you recover damages from the store? It depends on the facts of the case. Storeowners must keep their premises reasonably safe for customers, inspecting and discovering any dangerous conditions that passers by might accidentally stumble into. They also must keep all aisles clear and properly maintained. A judge or jury will look at whether the owner was aware of the condition that caused your injury and how long it had existed. A judge or jury will also look at your conduct in relation to the condition.
If you’ve been injured by a dangerous consumer product, you may have an easier time recovering compensation for your injuries than those who are injured in other ways. “Product liability” the legal rules concerning who is responsible for defective or dangerous products is different from ordinary injury liability law, and this set of rules sometimes makes it easier for an injured person to recover damages. For several reasons, the law has developed a doctrine known as “strict liability,” that allows a person injured by a defective or unexpectedly dangerous product to recover compensation from the maker or seller of the product without showing that the manufacturer or seller was actually negligent.
Many thousands of people are injured each year some very seriously when they slip or trip and fall on a dangerous floor, a flight of stairs or a rough patch of ground. There is no precise way to determine when someone else is legally responsible for something on which you slip or trip. Each case turns on whether the property owner acted carefully so that slipping or tripping was not likely to happen and whether you were careless in not seeing or avoiding the thing that caused you to fall.
Automobile accident claims are by far the most common type of personal injury case in our court system today. Except in those states where legislation has been passed doing away with fault as an issue (no-fault laws), these cases are litigated under general negligence principles. The injured plaintiff is required to prove that the defendant was negligent, that the negligence caused the accident, and that the accident caused the plaintiff’s injuries. As with other types of accidents, figuring out who is at fault in a traffic accident is a matter of deciding who was negligent. In many cases your instincts will tell you that a driver, cyclist or pedestrian acted carelessly, but not what rule or rules that person violated. Your case can be strengthened if you find some “official” support for your conclusion. Your attorney will look to a number of sources to help you determine who was at fault for your accident, such as police reports, state traffic laws, and witnesses.
There are many different types of personal injury actions, and several theories of fault that may apply in a given case. Discussing your case with a personal injury attorney is the best way to have a thorough evaluation of the likelihood of success if you were to bring a claim for your injuries, and of the potential value of your case. In light of the deadlines imposed under state and federal law for the filing of personal injury actions, meeting with an attorney sooner rather than later if you think you might have a claim is always recommended.

Return to Main

Return to Personal Injury lawyer

Slips, Falls, & Other Premises-related Personal Injuries

admin — Wed, 12 Jan 2011 10:31:05 +0000

An experienced premises liability lawyer can determine whether liability may exist in a particular case and help an injured person recover damages for lost wages, medical bills, and pain and suffering.

General Premises Liability Principles in Personal Injury Cases

Some states’ premises liability laws focus on the status of the visitor to the property. In such states, the plaintiff is generally defined as either an invitee, a licensee, or a trespasser. An invitee is someone who is expressly or impliedly invited onto the property of another. The owner owes the invitee the highest duty of care, which includes taking every reasonable precaution to ensure the invitee’s safety. A licensee, by contrast, enters the property for his or her own purposes but is present at the consent of the owner. The owner is required to warn a licensee of hidden dangers, but is not necessarily required to fix them. And finally, a trespasser enters without any right whatsoever to do so. In the case of adult trespassers, the owner has no duty of care and need not take reasonable care of his property or warn of hidden dangers.

Even if the plaintiff is a trespasser, he or she may still be able to recover, however, if the plaintiff can show that the owner knew it was likely that trespassers would enter the property. And children are owed a higher duty of care, regardless of whether they are considered trespassers. A landowner’s duty to warn is also heightened with respect to children.

In states where consideration is given to the condition of the property and the activities of the owner and visitor, a uniform standard of care is applied to both invitees and licensees. This uniform standard requires the exercise of reasonable care for the safety of visitors other than trespassers. In order to satisfy the reasonableness standard owed to invitees and licensees, an owner has a continuing duty to inspect the property, identify dangerous conditions, and either repair them or post warnings as appropriate.

In proving a premises liability case, a plaintiff must show that the standard of reasonableness required by an owner has not been met. Perhaps the highest hurdle that a plaintiff must overcome relates to the owner’s knowledge. The plaintiff must prove that the owner had or should have had knowledge of the condition in order for liability to attach, which is often quite often difficult to establish.

One of the commonly applied theories to limit a plaintiff’s recovery is comparative or contributory fault. A visitor has a duty, in most cases, to exercise reasonable care for his or her own safety, and when that degree of care is not exercised, the plaintiff’s recovery may be limited or reduced by an amount attributable to his or her own negligence.

Slips & Falls Personal Injury cases

Slip and fall injuries are, as the name implies, injuries that occur when a person slips, usually on a foreign substance or as a result of a dangerous condition, and falls. A common slip and fall case occurs when someone slips on an icy sidewalk in front of a business, or a customer in a grocery store slips on a grape, lettuce leaf, or other food item that has fallen on the floor.

The premises owner may or may not be liable for the plaintiff’s injuries in these common scenarios. Although owners and possessors of real property have a duty to exercise reasonable care to maintain the premises to protect lawful visitors, if a condition of the premises is noticed by a customer or other visitor or should be readily apparent, the property owner may avoid liability because the plaintiff has a duty to protect himself or herself against the injury. The property owner may also avoid liability by establishing that the debris had so recently fallen on the floor or that the ice had so recently accumulated that the responsible persons had no reasonable opportunity to correct the condition and avoid the hazard before the plaintiff fell. In other words, the plaintiff in a slip and fall case, whether it occurs in a grocery store or elsewhere, must show that the owner had a reasonable period of time in which to discover the dangerous condition and in which to remedy it. The determination of what constitutes a reasonable time will vary from case to case.

Conclusion Of Slip And Fall Accident

Even common accidents such as slips and falls can present complex legal issues and complicated questions of both fact and law.

Accordingly, if you have been personally injured in a premises-related case, an experienced and knowledgeable personal injury attorney with premises liability experience is in the best position to advise you on your rights and secure a favorable outcome in any case of slip and fall.

Back to Main

Return to Personal Injury lawyer

Personal Injury from Animal Bites or Attacks

admin — Wed, 12 Jan 2011 10:23:32 +0000

A personal injury lawyer experienced in dog bite and personal injury law is the best source for accurate advice and information in animal attack cases.

The Plaintiff’s Burden of Proof in Animal Attack Cases

To succeed in most animal attack cases, the plaintiff must prove that the animal that caused the injury was owned and kept by the defendant. In the past, the plaintiff was also required to show that the owner knew or should have known that the animal was dangerous, mischievous, vicious, or prone to such undesirable and potentially threatening behaviors. Under current law, however, when proof is established that an owner was somehow negligent, such as by not properly restraining or containing the animal, the plaintiff may often recover without making a showing of the animal’s viciousness.

An owner of an animal may be found negligent under any circumstances in which he or she had knowledge of the animal’s viciousness but failed to act in order to prevent injuries to others. Accordingly, if an animal exhibits viciou’ or uncontrolled behavior, the owner should take steps to ensure that the animal is secured from access to the public. For example, if an individual owns a pit bull with a propensity to attack and bite without provocation, the owner should probably keep the animal indoors and, while outside, within a contained yard with a fence that the animal cannot escape. If he or she does not adhere to these common-sense guidelines and the animal attacks, the injured party may be able to recover his or her damages.

Those who harbor animals that are generally considered to be wild, such as lions, bears, and monkeys, are often held strictly liable for the harm that results if the animals escape, regardless of whether the particular animal is known to be dangerous. Such animals are presumed to have a natural tendency to revert to their wild mannerisms no matter how well trained or allegedly domesticated they are. Strict liability may not apply if the animal injures someone while it is confined or restrained on its owner’s property, but this is a factually dependent argument that will not apply in every case.

In some states, it is not always necessary for the animal to actually bite or attack the victim in order to hold the owner liable for an injury. A pedestrian who is walking past a yard and who becomes frightened by a dog snapping and barking, and who in an attempt to get away trips and falls, breaking an ankle, may nonetheless be able to sue the dog’s owner successfully if he or she can show that the actions of the dog led to the injury.

Possible Defenses in Animal Attack Cases

Animal attack victims are not always entitled to recover their damages. If the plaintiff is found to have provoked the animal, for instance, recovery may be denied. Say, for example, that a pet owner informs a neighbor that his pet parrot is not friendly and that it should not be touched, but the neighbor does not heed this warning and is thereafter pecked or bitten, recovery may be denied. If the owner merely stated that the parrot was not always friendly, on the other hand, but still encouraged the neighbor to pet it, liability for the injury could likely still be found.

Dog bite victims are also generally unable to recover in trespasser situations. In many states, in order to successfully bring suit under a dog bite statute, the plaintiff must show that he or she was lawfully in the place where the injury occurred. If it is found that the plaintiff was, instead, a trespasser at the time of the injury, liability will be avoidable on that ground. If, for example, someone jumps over a fence into an enclosed junkyard with “Beware of Dog” warnings posted and taunts the German shepherd guard dog with a stick, the junkyard owner may not be liable if the dog bites the trespasser.

Conclusion

Persons injured by biting or attacking animals should seek the counsel of skilled veterans of personal injury law in order to understand the complexities of their case and obtain guidance through the legal system toward the most favorable outcome.

If you or someone you know has suffered personal injuries as a result of an animal attack, an experienced and knowledgeable personal injury lawyer can advise you on whether you may have a claim against the pet owner and can help you receive the maximum damages recoverable under the applicable law.

Back to Main

Return to Personal Injury lawyer

Top 10 List: Reasons to Hire an Experienced Personal Injury Lawyer

admin — Wed, 12 Jan 2011 10:08:45 +0000

When you’re injured, you need all the help you can get, and you need it as soon as possible. Unfortunately, that means that some injury victims pick the first attorney they find, rather than making an informed choice. It’s important to educate yourself and find the right fit for you and your case.

Using this list, you can find the right attorney to make the most of your case.

10. Experience Assessing Claims—Personal injury attorneys are experienced with cases like yours and can tell you at the outset whether it is worth your while to pursue legal action. If you are unlikely to prevail, you will not need to incur the time and expense of preparing for litigation.
9. No Fees If You Don’t Recover—Most personal injury attorneys work for a contingency fee, which means that if you do not win your case, you will pay no attorneys’ fees. You will, however, be responsible for certain expenses not directly related to professional fees, such as the fees doctors charge for reviewing your records or being interviewed.
8. Red Tape—An experienced personal injury attorney can work through the maze of paperwork necessary to resolve your claim so that you can get on with your life.
7. Investigative Team—Experienced personal injury attorneys work with a team of investigators who have experience in specialized areas and will skillfully investigate the technical aspects of your case.
6. Objectivity—A personal injury attorney can be more objective about your case than you can and will not make a rash decision. Whereas you may be tempted, for instance, to go for a quick payout, your attorney may counsel you that it is in your best interests to wait for a more appropriate offer.
5. Alternative Dispute Resolution—An experienced personal injury attorney will know whether your dispute may be best resolved through mediation, thereby saving you time, money, and emotional energy.
4. Experience Working With Other Lawyers—An experienced personal injury lawyer can deal most effectively and expediently with opposing counsel.
3. Experience With Insurance Companies—Personal injury lawyers are also used to working with insurance companies and will not be confused by their tactics or feel pressured to settle for an unsatisfactory amount.
2. Best Settlements—Personal injury attorneys work hard to reach the best settlements for their clients, as early in the litigation process as possible.
1. Best Jury Verdicts—If a trial becomes necessary, a personal injury lawyer can zealously represent you in court and work toward achieving the best possible jury verdict in your favor.

Back to Main

Return to Personal Injury lawyer

Personal Injuries from Dangerous and Defective Products

admin — Wed, 12 Jan 2011 10:00:06 +0000

An experienced and knowledgeable personal injury lawyer can advise injured persons on whether they may have a claim against a product manufacturer or seller and can help them recover the damages to which they are legally entitled.

The Plaintiff’s Burden in a Dangerous or Defective Product Personal Injury Case

Although products liability law has evolved from the days of “caveat emptor” (let the buyer beware) to the imposition in appropriate cases of “strict liability,” under which manufacturers are responsible for injuries caused by their defective or unreasonably dangerous products even if they were not negligent, the personal injury plaintiff still has a job to do. In a products liability action, the injured person, or plaintiff, must prove, for instance, that there was a design or manufacturing defect in the product, or that the manufacturer did not adequately warn consumers about the product’s possible dangers. In addition, he or she must establish, through relevant and credible evidence, that the product caused the injuries, and that he or she was using the product in the way it was intended ‘o be used, or that the manufacturer should have anticipated that the product would be “misused” in the way that it was.

Manufacturing defects are usually easier to prove than design defects. If a particular consumer’s gas fireplace explodes when first lit, for example, it is evident that that fireplace was not manufactured as the designer intended it to be. A design-defect case, on the other hand, could arise if many or all fireplaces of a manufacturer’s particular model posed a threat of explosion. Proving a design defect involves passing judgment on technical choices and usually requires expert testimony. In a design-defect case, the product may have been manufactured as it was intended to be, but the design was inadequately planned in such a way as to pose unreasonable hazards to consumers.

Proving causation in a products liability case can be tricky. The plaintiff must establish that the product was defective when it left the hands of the defendant manufacturer, distributor, or seller, and that the defect was the cause of the accident that led to the plaintiff’s injuries. If the injuries could have arisen from several potential causes, the plaintiff usually must establish that the product defect had a substantial role in bringing about the injuries.

Basis of Recovery in a Dangerous or Defective Product Personal Injury Case

Possible legal theories that can be argued in a products liability case include negligence (lack of reasonable care in the manufacture or sale of the product or in warning about the product), breach of warranty (failure to fulfill the terms of a promise regarding the product’s performance), misrepresentation (giving consumers a false sense of security about a product’s safety), and strict liability (under which the product’s defect, although not the fault of the defendant, rendered the product unreasonably dangerous and the defendant is therefore responsible).

Although there is no limit to the list of products that could form the basis of a products liability suit, some of the more common product categories include apparel, asbestos, chemicals, cosmetics, firearms, food (most recently fast food, which has been contended to be at least partly responsible for American’s obesity epidemic), machinery and tools, medical products and devices, motor vehicles, pharmaceutical
products, recreational products, and tobacco.

Conclusion

Persons injured by dangerous or defective products need the counsel of skilled veterans of personal injury and products liability law in order to advise them on the complexities of their case and guide them through the legal system toward the most favorable outcome.

If you or someone you know has suffered personal injuries as a result of using a dangerous or defective product, an experienced and knowledgeable personal injury lawyer can advise you on whether you may have a claim against the product manufacturer or seller and can help you receive the maximum damages recoverable under the applicable law.

Back to Main

Return to Personal Injury lawyer