What Are the Elements in a Personal Injury Case?

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One of the most critical factors in a personal injury case is whether or not the elements are present. Without the four essential elements, you do not have a case – which means you cannot collect compensation.

These four basic elements are whether the defendant owed you a duty, breached the duty, if the breach caused your injuries, and whether you suffered damages. These elements are established by using a preponderance of the evidence because, as the plaintiff, you carry the burden of proof in an injury claim.

Exploring the Four Elements of Personal Injury

An attorney may refuse to take your case if you do not have the four basic elements, because a court will not grant compensation if these four elements cannot be proven through a preponderance of evidence either.

Here are how these elements play a role in your case:

Duty of Care

Everyone owes a duty of care, but the level of duty depends on the situation. For example, a daycare provider has a legal duty to watch children under her care. A driver must obey traffic signals, safety laws, and not drive while under the influence. A homeowner is required to keep their premises safe for guests.

For you to recover damages against a defendant, you must show that the defendant owed you a duty of care. Without a duty, you have no claim.

Breach of Duty

Once you establish the duty owed, you must then prove that the duty was breached.

Just because you encounter an accident does not mean someone breached his or her duty of care or acted negligently. For example, you fell in a store on a slick surface. But the store staff had placed signs notifying you of the wet surface and were working to clean it up. You ignored those signs and slipped anyway. In this case, the owner of that store is not liable for your injury.

An example of when a defendant breaches his or her duty could be seen in a car accident. Drivers must obey traffic signals as part of their duty of care. A driver that chooses to run a stop sign and causes an accident breached that duty.

Breach of Duty and Causation

Even if someone breaches their duty of care, you must tie that breach to your injuries to collect compensation. If you cannot show through a preponderance of the evidence that the breach directly relates to your injury, you cannot collect compensation.

Likewise, you cannot be mostly responsible for your injuries. If you contribute or cause the injuries, you may receive a reduced amount of compensation or be barred entirely.

Damages

Even if the three elements apply, you still must prove that you suffered damages. Without losses, you have no reason to file a claim. Damages depend on the injury and might include medical costs, lost wages, physical pain, mental anguish, or property damage.

Hiring an Attorney Is Key

While you might know the four elements exist, you must prove their existence in court. Therefore, it is best to consult with a personal injury attorney that has experience handling these types of claims.

An injury attorney in your area helps gather evidence and present it to the court to ensure you meet the four basic elements.

Adrian Martin

Adrian Martin is a writer and blogger with many years of experience in a wide variety of legal practice areas. He is a regular contributor of content to the clients of Black Fin, an internet marketing agency that works with law firms and attorneys.

The Numbers Behind Workplace Injuries in North Carolina

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It can be challenging to get an accurate read on how safe or dangerous it is to work in North Carolina. For most people, all they have to rely on his anecdotes. Do they know people who have been injured in a particular industry in a particular place? Have they heard rumors that this business or manager is particularly safety conscious or tends to put their employees in danger?

When it comes to the safety of the people going to work, this is just inadequate. People need to know the level of danger and the type of danger they can expect when they go to work.

To help educate people on what safety and danger in the workplace look like in North Carolina, we’ve provided some of the facts and statistics found in the North Carolina Department of Labor (NCDOL) Occupational Safety and Health Annual Comparison Report from the most recent year of its release (2016) and provided some of the significant findings within.

North Carolina Is Safer Than Much of the Country

The first point to make is good news. North Carolina is significantly safer than many other states. According to the U.S. Department of Labor, North Carolina is among just 13 states that have fewer injuries and illnesses from the workplace than the national average.

The actual numbers, though, are still daunting. 71,000 work-related illnesses and injuries were not fatal in 2016. This translated to 2.5 such incidents in 100 employees. In other words, 2.5% of all workers in North Carolina suffered from workplace injuries or illnesses (although the severity of these incidents varied).

Industries That Are Safer and Less Safe

Everyone knows that some industries are safer to work in than others. No one would assume that an office worker is in as much danger as a firefighter, for instance. However, how do the numbers break down according to NCDOL?

The industries that saw the lowest rates of days away from work, job transfers, and job restrictions included the financial sector (at the lowest rate with 0.5 individuals per 100 workers), information, and professional and business services. Slightly higher rates were found in construction (a surprisingly low 2.2 per 100), mining, state government, and “other services.”

More serious were leisure and hospitality (2.8 per 100), trade, transportation, and utilities (3.1 per 100), and education and health services (3.3 per 100).

This list, however, is somewhat incomplete, since the mining numbers are likely so low because of the lack of mining within the state.

Where Businesses Are Failing Employees Most

The NCDOL also details the most common severe violations found in different types of business.  In construction, for instance, many of the most common severe violations are in the most critical areas. Businesses were consistently failing workers in fall protection, the use of ladders, the use of scaffolds, and providing enough safety training.

For general industries, the violations often had to do with machine guarding, communicating to workers about hazards in training and writing, and maintaining tools.

In the public sector, there were similar violations regarding machine guarding and hazard communications. There was also not enough protective equipment available for workers.

Fatalities at Work

Injuries due to work are always tragic, mainly when they are severe but even worse is when an accident results in death.

North Carolina had 48 deaths in 2016, according to the NCDOL report. The main areas these occurred in were, in order of number: struck by an object (17), falls (14), crushed by object or equipment (6), and electrocution (4). Seven workplace deaths were not categorized but include fires and explosions.

The total number of deaths represents a significant jump from the most recent comparable years (40 in 2014 and 42 in 2015). There were more deaths in each category over the immediately previous year in every category except electrocutions.

Conclusions

While North Carolina is doing better than much of the nation at keeping its workers safe, workers across the state still suffer injuries in workplace accidents every day. All workers must understand their rights when it comes to workplace accidents. Many wrongly believe that to get compensation, their employer must have been careless in some way. This is simply not true. Worker’s compensation coverage exists to help injured employees get back on their feet after an accident. You aren’t suing your employer, you’re claiming benefits from an insurance coverage that is there to help you. If you’ve been hurt on the job, you are well within your rights to inquire about these benefits that may be available to you.

Jessica

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An Accident Attorney in Daytona Beach Explains What You Need to Know about Personal Injury Cases

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Personal injury claims can arise out of any number of situations where someone is negligent, deliberately careless, or acts intentionally, and this action – or in some cases, inaction – results in someone being hurt.

Examples of Types of Personal Injury Claims

Below are some examples of the most common types of personal injury claims.

Car Accidents

Almost every car accident attorney will tell you that car accident are the most common source of personal injury claims.  If someone is a passenger in a car and they are injured, they almost always have a personal injury claim.  Whether the injury is attributable to the driver of the car they were in, the driver of the other vehicle, or the conduct of a third party, if injuries were sustained, there may be a valid claim for compensation based on the injury.

Similarly, if the driver of a car is injured due to someone else’s conduct, whether that person is the driver of another car or a third party, the injured person may have a claim for personal injury.

And if someone is a pedestrian and hit by a car or truck, there may be the basis to file a personal injury claim.  Of course, the facts and circumstances of each specific case dictate whether or not someone has a valid claim.

Other Types of Vehicle Accidents

Personal injury claims aren’t just limited to cars and pedestrians.  If someone is injured in a boating accident, a bicycle accident, or a motorcycle accident, they may also have a claim for personal injury.  Similarly, if someone is injured in a bus or tractor-trailer crash, a personal injury claim may exist.

Medical Malpractice

Medical malpractice claims are less common, but no less serious a personal injury claim than car accidents. Common medical malpractice cases include:

  • Leaving a sponge or instrument inside a person’s body during surgery
  • Failure to consider how different prescriptions can interact negatively
  • Misdiagnosis or failure to diagnose

Medical malpractice errors are typically accidental, but the consequences of such carelessness can be severe.  An accident attorney in Daytona Beach will be invaluable to your case if you feel you may have a medical malpractice claim.

Slip and Fall Accidents

Slip and fall accidents, also known as premise liability, involve cases where someone slips, trips, and/or falls on someone else’s property.  If the owner was aware (or should have been aware) of the danger presented, perhaps by a loose rug or uneven pavement, and did nothing to rectify the situation or sufficiently caution people about the danger, they may be liable for the injury.

Personal Injury Claims Hold People Responsible

When someone is injured, a personal injury lawsuit holds the person who caused the injury responsible.  Additionally, a personal injury claim provides compensation for past and future medical bills, lost wages, and pain and suffering.

Time Limits Apply

In the state of Florida, there is a limit on how long an injured party has to file a personal injury claim.  Failure to file the claim within the statutorily prescribed timeframe will result in an inability to pursue it.  Because personal injury law can be complicated, it’s a good idea to consult with an attorney.  An accident attorney in Daytona Beach can review the facts and circumstances of your particular case to determine whether you have a personal injury claim.

Jessica

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Why You Need to Hire A Personal Injury Lawyer

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Personal injury lawyers can be extremely critical when it comes to an injured individual getting the compensation they deserve in court. While a lot of people may have lawyers that they have dealt with in the past, it is important to find an attorney that specializes in personal injury cases, if you do find yourself injured by the actions of another party. There are a lot of factors that come into play when it comes to not only winning this type of personal injury lawsuit but also when it comes to the amount of money in the settlement. A lawyer that deals with these types of cases day in and day out is going to have a major advantage when it comes to extracting as much money as possible out of the case. How a Personal Injury Lawyer Can Help You Read more

Mike

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What Kinds of Financial Losses are Recoverable in a Personal Injury Claim?

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All across the country, accident victims experience severe financial and material losses as a result of the injuries that they have suffered in a variety of different accidents. While it is true that many of the financial losses that accident victims incur involve the high costs of medical treatment, often the personal and financial consequences of a personal injury case will go well beyond covering medical bills. The consequences of a serious accident may often have a ripple effect throughout the accident victim’s life. Not only are personal relationships adversely affected, but professional relationships as well. If you are still sorting out the consequences of a serious accident, you need to discuss your situation with a personal injury lawyer.

For most accident victims, financial restitution does not come quickly enough. Those who have suffered temporary injuries may have to endure months of physical therapy and ongoing medical treatments, missing weeks or months of work. During that time, it is likely that they will have to endure a lengthy period of time in which there is no money coming in while they wait for their temporary disability benefits to kick in. It may take several weeks, or even months, before any kind of compensation comes in, and in that time it is likely that they will suffer serious financial consequences, including financial hardship leading to bankruptcy. If you want to expedite the possibility of receiving compensation in a personal injury case, you need to discuss your situation with a personal injury lawyer. Why You Need To Hire A Personal Injury Lawyer

Many accident victims think that they are ineligible for compensation through the process of personal injury litigation because of the type of accident they were involved in. Of course, everyone knows that personal injury lawyers help those who have been injured in a car accident, but what other types of accidents satisfy the legal criteria for personal injury compensation? What if you have been injured by a defective product, or in a slip and fall accident at a department store? The fact is that a personal injury lawyer can help you no matter where your injury occurred, as long as your accident case satisfies the legal criteria for compensation under your state’s personal injury laws.

The easiest way to receive the financial restitution that you deserve for your personal, professional, and financial losses incurred in the aftermath of an accident is through the process of personal injury litigation. Through the process of personal injury litigation, you may be entitled to receive financial compensation for your medical expenses, lost wages, reduced earning potential, and damaged property. Often an accident victim may also be eligible to receive punitive damages for their mental and emotional suffering. If you would like to learn more about the process of personal injury litigation, you should contact a personal injury lawyer in your area right away.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

How a Personal Injury Lawyer Can Help You

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All across the country, accident victims experience severe financial and material losses as a result of the injuries that they have suffered in a variety of different accidents. While it is true that many of the financial losses that accident victims incur involve the high costs of medical treatment, often the personal and financial consequences of a personal injury case will go well beyond covering medical bills. The consequences of a serious accident may often have a ripple effect throughout the accident victim’s life. Not only are personal relationships adversely affected, but professional relationships as well. If you are still sorting out the consequences of a serious accident, you need to discuss your situation with a personal injury lawyer.

Process of Personal Injury Litigation

For most accident victims, financial restitution does not come quickly enough. Those who have suffered temporary injuries may have to endure months of physical therapy and ongoing medical treatments, missing weeks or months of work. During that time, it is likely that they will have to endure a lengthy period of time in which there is no money coming in while they wait for their temporary disability benefits to kick in. It may take several weeks, or even months, before any kind of compensation comes in, and in that time it is likely that they will suffer serious financial consequences, including financial hardship leading to bankruptcy. If you want to expedite the possibility of receiving compensation in a personal injury case, you need to discuss your situation with a personal injury lawyer.

Many accident victims think that they are ineligible for compensation through the process of personal injury litigation because of the type of accident they were involved in. Of course, everyone knows that personal injury lawyers help those who have been injured in a car accident, but what other types of accidents satisfy the legal criteria for personal injury compensation? What if you have been injured by a defective product or in a slip and fall accident at a department store? The fact is that a personal injury lawyer can help you no matter where your injury occurred, as long as your accident case satisfies the legal criteria for compensation under your state’s personal injury laws.

Contact Personal Injury Lawyer

The easiest way to receive the financial restitution that you deserve for your personal, professional, and financial losses incurred in the aftermath of an accident is through the process of personal injury litigation. Through the process of personal injury litigation, you may be entitled to receive financial compensation for your medical expenses, lost wages, and reduced earning potential and damaged property. Often an accident victim may also be eligible to receive punitive damages for their mental and emotional suffering. If you would like to learn more about the process of personal injury litigation, you should contact a personal injury lawyer in Charlotte, NC right away.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

What Happens If You Get Bitten by a Dog?

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No one intends to be bitten by a dog, but sometimes man’s best friend doesn’t know better or wasn’t properly raised to distinguish friend from foe. Maybe you unknowingly egged on the canine and a reflexive action on its part turned sour, and you’re left with a nasty bite.

So, what do you do when you’ve been bitten by someone’s dog? 

Seek Medical Attention

The first thing you need to do when bitten by a dog is to seek medical attention immediately. The risk of infection in an open wound is too high to simply go home and slap an adhesive bandage on the bite. Dog bite wounds will need to be professionally cleaned and dressed to prevent infection.

Depending on the situation, rabies vaccination may also be necessary to reduce the risk of contracting the disease yourself.

Compensation with a Columbus Dog Bite Attorney

The more severe dog bites can put you in the hospital—and out of work—for an indeterminate amount of time. As your medical bills pile up fighting infection or undergoing operations, you could also miss out on wages earned. This is when a Columbus dog bite attorney can help you seek compensation for your medical bills and injuries.

The Ohio Revised Code, like many other states, allows Columbus dog bite lawyers to help victims seek compensation for their injuries and bills. The Ohio Revised Code § 955.28 states that those in charge of a dog are liable in “damages for injury, death, or loss to a person that is caused by the dog . . .”  Liability falls on owners, keepers, and harborers of the canine. This means that if a friend of the owner had taken the dog on a walk through the park and that dog bit somebody, the friend becomes liable.

If you’ve been bitten by a dog and need to seek compensation for your injuries, contact Heit Law for a successful and professional Columbus dog bite attorney.

Defenses for Dog Bite Charges

While the Ohio Revised Code holds strict liability for owners of dogs that have bitten other people, there are defenses a Columbus dog bite defense attorney can use against someone seeking compensation.

Liability does not fall on a dog owner in certain situations such as the following:

  • The individual who was bitten was committing or attempting to commit a trespass on the property of the owner,
  • The bitten individual was committing or attempting to commit a criminal offense against any person on the owner’s property, and

The bitten was teasing, tormenting, or abusing the dog on the owner’s property.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.