When Is Someone Liable For Someone Else's Injury?

Accidents happen every day in different settings such as workplace, hospitals, schools, roads, public establishments, and even at our homes. Some accidents, like a car accident for example, are serious enough to cause grave injuries or death to their victims. Though no one wants these accidents to happen, it is possible that someone is responsible for them. It is very common that someone's negligent action caused the accident and in this scenario the injured victims have a right to file a personal injury claim and deserve compensation.

How can you know when someone is liable for the injury of others and therefore have to pay them compensation for their personal injury? There are four elements that have to be established with the help of your personal injury attorney:

• Duty of Care – The victim has to prove that the offending party owed him a duty of care. In car accidents for example, a driver has the duty of care to his passengers, other motorist, pedestrians and properties on the road. A driver's license is proof that a person can be responsible enough to drive a vehicle without causing injury or harm to a person or property.
• Breach of the Duty of Care – Duty of care is breached when the offending party failed to act like a reasonable person is supposed to act and it resulted to the accident. It is often breached when the defendant knows the consequences of his actions and still fails to act responsibly. In car accidents, a driver may be proven to breach the duty of care if he is speeding, texting, or driving under the influence.
• Causation – The injured party must prove that the injuries he sustained from the accident would not have happened if not for the breach of duty of the defendant. For example, if a car crash victim suffers from spine injuries he must prove that it was because of the offending driver's negligence and it is not a pre-existing condition.
• Damages – Once the plaintiff proved that the first three elements have been met, he must now prove that he deserves to receive damages for the medical bills and lost of income he has sustained, as well as the compensation for the physical and emotional distresses he suffered.

If you think that someone should be liable for the injuries you sustained from an accident, contact a personal injury lawyer to help you out.   

What to Do if You are a Victim of Hit and Run Accident

Whether as a pedestrian or a motorist, one is highly at risk of hit and run accidents when on the road. California has one of the highest rates of hit and run accidents in the country. It is actually four times the national average and ten percent of these cases lead to fatalities. It will be hard to think straight right after the accident, especially when you are overwhelmed with pain and trauma. It is important to know what to do beforehand so you can prepare yourself if ever you become a victim of a hit and run accident.

• Check your body for injuries. Adrenaline may not make you feel any pain so thoroughly check if you are bleeding or have dislocated bones. Check your companions as well, especially if you are with children. Try to keep calm as much as possible and remember as much as you could regarding the incident. Details like the vehicle type, color and most especially the license number can help track down the offending party.

• Call the authorities. Even if the offending driver flees the scene, getting the police on the scene can help you get the medical attention and other things you need as well as get all the facts for the official report. Relaying the crucial information to the police as early as possible will allow you to give out more details as your memory is still fresh.

• Contact a personal injury lawyer. You may think it is not a priority to contact an accident lawyer especially when you think that finding the offending driver is a lost cause. There is another way to get compensation for the horrible accident you have gone through – your insurance company. It is the nature of insurance companies to offer compensation that is less than what you deserve and in your state, it will be difficult to talk to them. A personal injury lawyer can take off the hassle of facing insurance lawyers from your shoulders. In hit and run accidents, you have to prove that it was not caused by your negligence and an attorney can help you with that in order to get the compensation you deserve.

If you are involved in a hit and run accident, there are many attorneys in Santa Barbara, CA that can help you. Contact an accident lawyer in Santa Barbara to help you with your insurance claim.

You Can Win a Pedestrian Injury Lawsuit – Find Out How

Walking is a great way to get around the city, especially in California where the weather is very conducive. Walking is also good for your health and the environment. You can get some exercise while reducing your carbon footprint. Sadly, walking will also expose you to pedestrian accidents. According to statistics, an average of 700 pedestrians are killed and 14,000 are injured each year, just in California alone. All of these victims are entitled get compensation from a personal injury claim, but most of them get little to nothing.

The top causes of pedestrian accidents are speeding and driver's negligence such as inattentiveness, texting or driving under the influence of drugs or alcohol. Both causes are the fault of the driver and if you file a personal injury case against them, they will be obligated to pay you for your medical bills, loss of income and the emotional trauma they caused you. That is, if you are successful. A personal injury claim can be complicated, not to mention stressful. You will face insurance attorneys whose goal is to give you as little as possible which will not be enough to cover your medical expenses. They might even blame you for the accident and you will get nothing at all. In order to give you the best chances of winning a pedestrian injury lawsuit, you need a personal injury lawyer on your side.

A personal injury claim is not about getting revenge. No amount of money can equal the pain you have experienced, but you need to be able to pay your medical bills and help you get back on your feet. When you are a victim of a pedestrian accident, you have already suffered physically, why should you suffer financially because of someone else's negligence? Personal injury attorneys will be your ally in navigating the intricacies of a personal injury case and get you the compensation you deserve.

If you are in the Paso Robles area, you can easily find an injury lawyer near you. If you are a victim of a pedestrian accident in Paso Robles, get in touch with personal injury attorneys as soon as possible.

Helping Others by Filing a Medical Negligence Claim

Medical experiences are normally private. Due to its delicate nature, the patient-doctor relationship is confidential. However, some personal medical experiences must be brought into the public’s eye, especially when a medical malpractice has occurred.

Medical malpractice is the root of medical negligence claims, a common type of personal injury claim. Talking to a lawyer and divulging your medical issues with others may seem awkward and embarrassing, but filing a medical negligence can have a positive effect greater than the personal injury compensation that you can receive. When you file a medical negligence claim, you empower other victims and save other patients that might also be subjected to the malpractice of the person or institution you are suing.

There are various situations that can lead to a medical negligence claim. Here are the most common types of medical malpractice:

• Failure to diagnose - When an incompetent doctor misdiagnosed or failed to diagnose a patient’s condition, which leads to disastrous outcome.
• Improper treatment - Doctors and other medical personnel have a standard of ethics that they have to observe. If you think you received inappropriate treatment, then you have a chance to file a personal injury claim.
• Failure to warn a patient of known risks - Doctors have the duty of informed consent. They must warn and provide all the possible risks when asking for the patient’s consent to do a procedure or course of treatment. When a patient who was not properly informed gets injured or die during the procedure, then the doctors might face a malpractice suit.

There is a big possibility that the medical negligence you have suffered from has happened to other people before and there is a great chance that it will happen again. When you file a claim, it will alert the medical board to the shady practices of the medical personnel or institution. And if you are successful with your claim, it can save the public from irresponsible medical practitioners.

If you are within and around the Ventura area, a personal injury lawyer can help you with your claim. It is easy to find personal injury attorney in Ventura that are experts in medical negligence claims.

FAQ: Can I Sue For A Defective Seat Belt Injury?

Car accidents are very common. It is an everyday occurrence and it is a popular type of personal injury claim. But most injuries and deaths from vehicular accidents can be avoided with the use of seatbelts. Just like all the other states, California has seatbelt laws that make it mandatory to wear seatbelts for all drivers and passengers of motor vehicles. It is proven that seat belts can save lives and prevent injuries, but what if the seat belt is defective?

There are many situations when a seat belt can be defective and fail to protect the user. Sometimes the latch is the problem and it will appear locked when it is not. The latch of the seat belt must be very secure so it can take on the pressure during a collision. There will be instances when the seatbelt is made of feeble material and it tears under the shock of impact. Another scenario of a defective seatbelt is when the seatbelt tractor does not function properly and fails to properly restrain the user during a collision. When a seat belt fails, the victim may suffer from injuries when he hits the dashboard or even the car's window or windshield. It may cause brain injury, spinal cord damage, paralysis, and broken bones. Strangulation and lacerated liver are also possible when the belt is not fastened properly.

Seat belt defects and design flaws are the reason of 20% of the injuries and deaths from vehicular accidents. When you are involved in a car collision and you suffered from injuries that could have been prevented if only the seat belts were working properly, then you are entitled to compensation due to your personal injury. No amount of money can ever match the physical and emotional pain that the victim suffers through, the personal injury compensation can help you pay for the medical bills and lost wages you incurred while incapacitated.

However, the burden of proof lies on you to prove that the seat belt was defective and the injuries were due to the defective seat belts. You need a personal injury lawyer specializing in car accidents to help you build your personal injury claim. Your attorney may start a legal action against the vehicle manufacturer or seat belt manufacturer and distributor.

A car accident lawyer will be easy to find in Arroyo Grande and Paso Robles. Santa Barbara is also a good place to get a car accident attorney.

How to File an Animal Attack Injury Claim

Animal attack is a common type of personal injury claim. Injuries from dog attack or from other domesticated or non-domesticated animals can be your basis to seek compensation from the personal injuries and emotional damages you incurred because of the violent encounter.

The liability of an animal attack defendant may vary from state to state, so it is important to ask assistance from a personal injury lawyer when you file your claim. Here are some financial losses and non-financial damages that you can cite in your claim:

• Medical expenses – An animal attack will almost always need medical attention. Hospital stay and doctor consultations are not cheap, not to mention the surgeries and rabies vaccines you will probably need. If the injury is severe you will probably have future medical expenses like physical therapy and rehabilitation costs.

• Lost wages and diminished earnings – While recuperating from your dog attack injuries, you cannot earn your living. You have the right to be compensated for your lost wages while you are incapacitated. If the injury is serious enough to hamper your ability to do your work prior to the attack, you can include diminished earnings to your claim.

• Emotional distress – An animal attack is a violent and traumatic experience. The anguish and emotional distress you suffered can be included in your personal injury claim.

• Punitive damages – If you can prove that the owner ordered his dog to attack you or acted in malice, you can ask for punitive damages. A personal injury lawyer can help you build evidence to prove it.

 There are certain things you have to prove to make your personal injury compensation successful:

• Defendant Responsibility – You have to establish that the defendant is responsible for the animal that attacked you. Responsibility can mean ownership or that the animal is under his or her care.

• Culpable knowledge of animal disposition and negligence – You have to prove in your claim that the defendant knows that the animal is prone to aggressive behavior and has a tendency to attack and that the defendant is negligent of his care of the animal such as if he failed to have it leashed or enclosed safely to prevent it from attacking anyone.

• Lack of your own liability – Ultimately, you must prove that you did nothing to provoke the animal or that you placed yourself in danger.

Consulting an attorney because of a dog attack may seem harsh, but it is well within your right to get personal injury compensation for all your troubles.

Understanding Brain Injuries and Their Effects

An alarming number of individuals suffer from Traumatic Brain Injury or TBI. The leading cause of traumatic brain injury is falling accidents. Children and people over 65 years are the most common victims. Car accidents are the next leading cause of brain injuries.While other causes are being struck by or against an object, or being assaulted. When an object hits or pierces your skull, your brain will experience a trauma that will cause mild or severe effects.

Mild Effects of Brain Injuries
The majority of traumatic brain injuries are just concussions and only have mild side-effects. The effects include sleep disturbances, nausea, difficulty in thinking, dizziness, and irritability. A person can recover from mild brain injuries with adequate amount of rest. But if you experience a traumatic fall or get involved in a car accident, consulting a doctor is a must to prevent any long-term brain injuries.

Severe Effects of Brain Injuries
About 1.7 billion cases of permanent disability every year are caused by TBI, sometimes it can even lead to death. Severe brain injuries can have long-term effects on the physical, cognitive, sensory functions of the brain. It can also affect speech and language abilities, as well as one's social-emotional skills. Grave effects of traumatic brain injuries include physical paralysis, chronic pain, memory loss, partial or full loss of vision, difficulty in language processing, and loss of executive functions that allow the person to plan, decide, behave properly, adjust to changes and process abstract thoughts.

A severe brain injury can have countless of complications that can have grave changes to the physical, mental, and emotional abilities of the victim that relatives may think that the person who the victim once was, is no longer there. Furthermore, brain injury victims are also susceptible to Parkinson's disease, Alzheimer's disease and other brain maladies.

Though no cash equivalent can ever equal the pain and hardship of suffering from a brain injury, some compensation is in order of the injury is from an accident caused by negligence of another party. You can file a personal injury case with the help of brain injury lawyers to aid you in understanding the effects of the trauma, gain access to the best medical care and most importantly, they can deal with practical aspects of the situation like securing some monetary compensation that can help you pay of the bills and loss of income you have incurred due to the accident. Personal injury attorney specializing on brain injuries can spare you of the emotional stress of dealing with a personal injury claim while you or your loved one is recovering from injuries.  

What is the Average Automobile Accident Settlement?

Vehicular accidents are common everyday events. Most accidents are minor and only cause damage to the vehicle, but sometimes it can be more severe and cause injuries to the driver and passengers involved. In car accidents, the person at fault has the responsibility to pay for repairs, medical bills and other related expenses. If you are a victim of a car accident, you can file a personal injury claim to the insurance company of the offending driver and they are required to pay you for the expenses you incurred. Dealing with a personal injury case can be exhausting and complicated. Though you are allowed to handle it on your own, you may not get the best of what you deserve if you do not have a personal injury attorney on your side.

Automobile accident settlements are usually handled out of court. The only time that car accidents lawyers are compelled to file a lawsuit is when a settlement is not reached and the statutes of limitations are expiring soon. The statutes of limitations are the time frame in which accident victims can file a claim. When it expires and no lawsuit is filed, the offending party gets off scot-free. Statutes of limitations vary from state to state, in California it is two years from the date of the accident.

For settlements on automobile accidents, insurance companies offer no more than the coverage of the offending driver's insurance policy. The amount usually does not exceed $100,000, but in truck accidents, the amount can reach as high as $1 million. The insurance company takes into account the severity of the accident and the insurance policy of the driver at fault. Greater damages and serious injuries will likely have higher settlement offers.

Keep in mind that insurance companies will try to offer you the least possible amount for your claim. You can be short-changed if you do not know how to negotiate with them. An auto accident attorney can give you leverage when negotiating with insurance companies. They have dealt with numerous cases like this and they will know how much you should get. With a lawyer on your side, you can receive the best possible settlement for your claim and you can easily go to court if you cannot get what you deserve.

Source: http://www.amillionlives.net/car-accident-insurance-settling-your-motor-insurance-claims.html
http://www.mayfirm.com/blog/what-is-the-average-automobile-accident-settlement/

FAQ: Do I need to file a personal injury claim within a specific time?

Filing a personal injury claim can be very daunting. There must be a thousand questions that you have in mind as you are coming to a decision whether to file a claim or not. One common question from people seeking compensation from their personal injury is whether there is a time limit on filing a personal injury claim.
 

All personal injury claims have to be filed within a period of time, this is called statutes of limitations. Each state has specific statutes of limitations for personal injury cases. In California, the statutes of limitation for personal injuries is two years. If you suffered from injuries from an accident caused by someone else's negligence, you have two years to file your personal injury claim. The time limit starts from the day of the accident. In the instance that the injury was not detected immediately, you have one year from the discover of the injury to file your claim. It is always advisable to consult a personal injury attorney as early as possible so you can file your claim on time. A personal injury claim can be withdrawn, but you can no longer file it once the statutes of limitations have expired.

There are some circumstances when the statutes of limitations are paused, delayed, or extended. In some states, when the victim is minor, the statutes of limitations only start when the victim reaches the age of majority. The statutes of limitations can also be stalled when the defendant files for bankruptcy. This is known as tolling of statutes of limitations.

Statutes of limitations provide security to possible defendants. If you are involved in an incident, you would not want to worry all your life whether you will face a personal injury claim or not. It protects you from uncertainty and allows you to move on with your life. If you are the aggrieved party, talk to a personal injury lawyer right after the incident to file your claim within the statutes of limitations.