Personal Injury/Negligence

In most personal injury cases, the aggrieved party should consult with an experienced attorney. In some instances, however, hiring a personal injury attorney is an invaluable asset to a case. Our attorneys have dealt with many different types of personal injury situations, but here are a few in which we highly recommend seeking the aid of an attorney:

Long-Term or Permanent Disability Injuries

Some accidents cause significant injuries that can have a long-lasting effect on the victim's capabilities or appearance, spanning over a year or even permanently. Calculating the compensation for an injury of this nature requires the knowledge and guidance of an experienced attorney. There are significant consequences to consider, such as careers, pain and suffering, as well as emotional fallout, e.g. loss of consortium or depression.

Severe Injuries

The severity of a victim's injury is usually determined according to the amount of medical bills, types of injuries incurred, and the length of time required to recover. As potential compensation increases, so does the range of compensation. An attorney's services are arguably necessary because of the complex legal element of such cases, or simply because an insurance company refuses to settle fairly.

Medical Malpractice

Medical malpractice is defined as injury or illness caused by the negligence (carelessness) or incompetent treatment from a doctor, nurse, hospital, laboratory, clinic, or other healthcare provider. If one suffers from an experience of medical malpractice, the medical and legal questions involved are complex and specialized. Such instances almost certainly necessitate a lawyer with experience in medical malpractice cases to make sure that the victim receives the compensation and future treatment that they deserve.

Exposure to Toxic Chemicals

Injury claims of exposure can be difficult to prove and often involve complex scientific data. In addition, chemical and products industries have an army of legal staff to protect themselves from legal consequences. An expert lawyer on the side of the parties standing up to these actors will help to obtain fair compensation.

When an Insurance Company Won’t Settle

Sometimes, regardless of the injury or the resulting financial issues, an insurance company, or the government agency responsible, refuses any fair settlement offers. In cases like this, it is best to hire an experienced attorney to fight with the law on their side.

If one is involved in an auto accident while using a cell phone, regardless of whether or not, as a driver, one is found legally responsible, it could have a significant affect on any compensation.

Know the risks when you pick up that phone in the car. Examples of reckless driving caused by a cell phone:

• Driving with only one hand on the steering wheel;
• Looking away from the road to reach for a cell phone, dial a number, or send a text message;
• Being distracted by a conversation on a cell phone (emotionally charged conversations are particularly distracting);
• Failing to keep proper lookout or maintain attention to surroundings because of cell phone use.

In most personal injury lawsuits, the defendant is blamed for an accident. If the defendant was using a cell phone before or during an accident, it will certainly affect the outcome of the case. In other recent cases, injured plaintiffs have also contributed to the accident because they were using a cell phone. The plaintiff’s comparative or contributory negligence will definitely affect compensation.

Employees on Cell Phones

Recent accident cases have argued that employers may be held legally responsible for their employee’s accident if the employee was on a work-related call at the time of the accident. The injured plaintiff is more likely to sue the employer than the employee, typically because the employer has more money. Because of this, a growing number of employers have prohibited employees from making or taking work-related calls while on the road.

Children on Cell Phones

Cell phones and electronics distract teenage drivers constantly, but while driving, this nascent phenomenon is especially dangerous. In some cases, where a minor has caused an accident because of cell phone use, courts have ruled that the parent of the minor child is held responsible for damages. The laws are still much more fluid in this area, but parents should consider the magnitude of such consequences when handing their children car keys and a cell phone.

Insurance

Insurance companies have noticed the increase in cell phone-related accidents and this trend will most likely have an affect on premiums and policy across the board. So put down the cell phone and drive.

One aspect is similar in all personal injury cases: the necessity of expert witnesses. Personal injury cases involve damages, liability, and proof. Part of the procedure for determining proof or evidence of liability is the disclosure of an expert witness to provide the case with an objective standard of assessing damages and liability. It is critical that all of the expert witnesses agree on the elements of all three key areas – damages, liability, and proof – in order for the plaintiff to be awarded compensation for his or her injuries.

Our firm will always assemble a prolific team of expert witnesses to give professional opinions on any instances of negligence in question. To be clear, in all personal injury suits, including medical malpractice suits, auto accidents, or nursing home issues; negligence is defined as conduct that falls below the standards of behavior established by law to protect against unreasonable risk of harm.

In a traumatic brain injury case, for example, negligence could be on the part of a medical health provider, a pharmaceutical company, or by an individual who caused an accident. The victim could experience a decrease in cognitive brain function, the inability to work, or other psychological or physiological detriment. The expert witnesses called could include another healthcare professional, a neurologist, psychologist, etc. who will assess the victim’s medical condition, the range of their impairment, and the alteration to daily lifestyles since the injury. The expert witness’s assessments are specifically important because they outline the necessity and cost of future treatment and/or training and how it relates to the severity of the injury.

Personal injuries are traumatic and trying to pursue compensation greatly compounds stress.  Our attorneys are dedicated to relieving as much stress as possible by putting our knowledge and experience on the side of our clients to secure the compensation they deserve.

Here is a simple guide that can serve as a helpful tool to determine the legal responsibility in case of accident or personal injury:

• If the injured person placed themselves in a compromising situation or was not where they were supposed to be, the person who caused the accident may not be liable because they had no “duty” in regards to the safety of the injured party.
• If the injured person was careless, their compensation may be less according to “comparative negligence".
• If the negligent/liable party caused the accident while working for someone else,      the employer may be legally responsible for the accident.
• If the accident is caused by poorly built or maintained property, the owner of the property is liable.
• If a defective product causes an accident, then the manufacturer and seller of the product are both liable.
• When more than one negligent parties cause an accident, typically one party is financial responsible for compensation. The negligent parties determine      reimbursement among themselves.