Wednesday, February 13, 2013

Do you have a Personal Injury Case?

Personal Injury:


There are so many ways you can be seriously injured by the negligence of another party. If you feel that is the case, you should call me to see if you have an action to pursue. This includes slip and falls, dog bites, construction accidents and any accident where you feel someone else caused your injuries by their negligence. Don't try to deal with insurance companies by yourself. Their goal is to reduce their losses, not to pay out on claims.

Even though you are careful, you can't control the behavior of others. Sometimes, the negligence of others can cause injuries. This can result in lost income and pain and suffering. This may be from an automobile accident, a slip and fall, medical malpractice or a product defect. Whatever the negligence, we will aggressively pursue your rights against the negligent party or parties. We will make sure that the necessary experts are consulted and the appropriate investigations are pursued.   

   The Elements of a Personal Injury Case

   To win a personal injury claim, you must be able to establish by the evidence that the defendant (negligent party) is responsible for your injuries.  The basic elements of negligence are as follows:

   Duty of care – First, the person must have a duty of care. The person, by their actions or inactions, must meet a certain standard of care established by law.

   Breach of duty – A breach of this duty happens when the person fails to meet the standard of care. Depending upon the facts of the case, this could mean a failure to warn the plaintiff of a danger, a failure to follow a statute, or a creating a danger for plaintiff.

   Causation – The defendant's action or inaction must be the direct or what is called the proximate cause of the plaintiff’s injuries.

  Damages in a Personal Injury Case

Damages are meant to compensate the injured plaintiff in an effort to make him or her whole.  There is no way to do this other than awarding money damages. They are considered compensatory in nature. In Pennsylvania different types of damages include pain and suffering, both physical and emotional, loss of wages, past and future, medical treatment, past and future, medical expenses, past and future, loss of consortium, loss of quality of life, embarrassment and humiliation and disfigurement.

In some cases, punitive damages are allowed where the defendant is being punished for misconduct, which must be shocking or grossly negligent, or sometime intentional.

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  1. Filing a timely claim helps you gather evidences and witnesses simply. The law has framed a point in time at intervals that personal injury claims ought to be filed following associate accident.However if you file your claim now when the accident, the case would be additional possible to be stronger on your facet.Thanks for sharing with us.
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  4. Life is always filled with surprises. Sometimes, these surprises might hit you in form of form an injury due to an accident or negligent act of another. When these accidents occur, you have rights under the law to receive compensation for your losses. To claim this compensation, you are encouraged to contact an experienced personal injury lawyer or an ace Personal injury attorney. When you first become injured, your top priority is your health. However, financial problems can quickly arise, and the stress from these problems can prevent your full recovery. Dealing with these critical situations is never easy and hence Injury lawyers and Injury attorneys are the best people you can have at that time.

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  5. Hi there! great stuff, I'm glad that I drop by your page and found these very interesting and informative. Thanks for sharing, keep it up!
    A personal injury occurs when a person has suffered physical or psychological damage or even death due to an accident, negligence or a malicious act on the part of another person. A victim of personal injury is burdened with not only the injury at hand but also the financial problems that may occur due to medical bills and lost wages.

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  6. Thanks for this post. Many of these cases involving personal injury attorneys in Dallas seem to be on par with surrounding factors. Hopefully it stays this way until new regulations are released. Thanks again.

  7. Thanks that I have found this post. I luckily haven't been to any legal matters but it is a good thing to know how well I can practice my rights but not letting someone's negligence cause me personal injury.

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  9. A victim of personal injury is troubled not just the damage in front of you but the economic issues that can happen caused by hospital bills and wages. Thanks for sharing about personal injury case. I really enjoyed reading it.

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  10. Many acts of negligence result to injuries. This case is really common at the workplace and in the road. It is very important to have a car accident lawyer in this kind of incident. You need to be compensated and protected.

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  17. Hey! Because of this post I am able to know about the causes and duty of care. Awesome informative post. Can you help me in suggesting Injury Attorney Montgomery AL