Personal Injury Law Blogs

Victorville Bar Fight Results in Victim’s Death In Premises Liability Case

A man involved in a fight in the parking lot of a Victorville bar died from his injuries, according to ABC News.  San Bernardino sheriff’s deputies were called to the scene of a fight outside bar on Spring Valley Highway, where they found a 32-year-old man in serious condition from injuries sustained in a brawl.  The victim was airlifted to an area hospital but died of his injuries a short time later.

Police were able to locate a suspect after interviewing witnesses at the scene.  The 30-year-old man was located at a nearby home and booked on charges of murder.  The investigation continues into the circumstances of the fight.  Police are asking anyone with information about the fight to contact the San Bernardino Sheriff’s Department.

What Is Premises Liability?

Premises liability is an area of the law concerning the duties of the owners of property to provide for the safety of those who are on their premises.  In order for an owner to be liable under premises liability law, three factors must be present.

1)       The defendant must be the owner or have possession of the property.  Under this condition, a renter who has exclusive use of the property can be considered the owner for purposes of liability.

2)      The person who is injured must, in most states, be invited onto the property.  However, in California, the 1968 case of Rowland vs. Christian, 69 Cal. 2d. 108, abolished the significance of the terms “invitee” or “trespasser.”  In the past, a strong distinction was made between those who were invited onto a property and those who simply entered the property on their own.  Today, property owners must exercise a reasonable duty of care to anyone who comes on their property.

3)      The defendant must commit a wrongful act or be guilty of negligence.  In a place such as a restaurant, bar or store, the owner may be liable if someone else commits an unlawful act under the doctrine of “third party premises liability.”  This means that the owner can be liable for negligence if he or she does not take reasonable precautions to prevent dangerous activities on the property.

What Is Dram Shop Liability?

A special area of premises liability law is known as dram shop liability.  The old term “dram shop” meant a tavern or bar, and dram shop owners were required by common law to prevent injury to their patrons by controlling the flow of liquor.  Today, dram shop liability is applied to situations in which a restaurant or bar owner serves alcohol to visibly intoxicated patrons.  If a bar owner continues to serve patrons who are drunk, the owner may be liable if the patrons cause an accident or injure someone in a fight.

Can I Recover Damages If I Am At Fault For A Fight?

What about the liability of the person who was involved in the fight?  In this case, it may be assumed that the victim was involved in an argument that led to a physical confrontation.  Assuming that he had a chance to walk away from the altercation, can the victim’s family pursue a claim under premises liability or dram shop liability law?

California allows the award of partial damages to someone who has been the victim of an injury in which he or she was partially liable.  This theory is known as comparative liability.

A personal injury attorney can explain the issues regarding comparative liability, premises liability and dram shop liability.

Hospital Debt: Know Your Rights

Dealing with an unexpected illness or injury can result in a large hospital bill that quickly becomes overwhelming and stressful as you try to focus on your health. Even for those lucky enough to have health insurance, a single night in the hospital will create a burdensome bill with a total reaching in the thousands. For those poor souls with a serious health complications that require multiple hospital stays and treatments, your medical expenses can quickly eat up your savings and leave you drowning in debt for years. In some cases, the hospital may come after you for nonpayment by using a collection agency or a filing a collections lawsuit.

During these trying times, you should know and understand your rights to help protect yourself and your assets from dirty tactics often used by debt collectors.

Fair Debt Collection Practices Act

Under the federal Fair Debt Collection Practices Act, bill collectors cannot harass you. Actions that can warrant a case under this act include:

Contacting you while at work
Contacting you before 8am or after 9am
Speak to your family, friends or coworkers about your hospital debt
Threaten you with harm or violence
Use obscene language
Publish your name and information on a list of people owning debt
Threaten you with a lawsuit when there is no intention of going through with it
Continue to contact you after receiving a letter informing their company to stop contacting you.
Threaten to have you arrested, seize your proper or garnish your wages

The debit collectors are required to send you a written validation notice explaining how much is owed and to whom the amount is owed to within five days after their initial contact.

Unfair and Deceptive Acts and Practices

This statutes helps guard individuals against bill collectors and medical providers intentionally deceiving your. Each state has an Unfair and Deceptive Acts and Practices statute to protect individuals from scams, abuse and fraud.

Truth in Lending Act

The federal Truth in Lending Act states that consumers have the right to know every detail of their payment plan including late fees or interest that may apply and what actions will be taken if you happen to miss a payment. Under this act you are provided with the above rights if:

A payment plan was set up to pay the debt with at least four payments
You were charged interest on your payments
The hospital gave you the option of deferring your debt
The hospital extends credit regularly

HIPAA and the Fair Credit Reporting Act

The Health Insurance Portability and Accountability Act — more commonly known as HIPAA — states that bill collectors, credit bureaus and medical providers must keep all medical information private. If you have discovered your medical information in your credit report or a second party, you might just have a case against them under the Fair Credit Reporting Act.

The best way to protect yourself against unjust tactics implemented by hospital debt collectors is to know all your rights. This includes the aforementioned federal protections as well as additional protections issued by your state. Remember that debt collection regulations and laws vary by state, and debt collectors and medical providers typically won’t inform the patient about the possible actions they can take to try to collect the debit.

Byline: Tyler recommends visiting kelcreditrepair.com if you ever find yourself under a pile of loans due to medical, education, or home-related expenses.

X Games Doctor Subject of Medical Malpractice Investigation

Dr. David Chao, the medical director for ESPN’s X Games, has been the subject of a gross negligence and medical malpractice investigation by the Medical Board of California. According to a report in the Aspen Daily News, Chao, a San Diego-based orthopedic surgeon who specializes in sports medicine, has been a member of the X Games medical staff since 1997.

Chao was on the scene of a fatal snowmobile crash in which Caleb Moore was killed during the X Games at Buttermilk last month. He also serves as the head team physician for the San Diego Chargers NFL football team.

The medical malpractice investigation against Chao was initiated in July. The California medical board accused Chao of gross negligence on a hip surgery he performed in 2007, negligent acts in three additional surgeries and failure to maintain accurate medical records. The case has yet to go to a hearing. If found guilty, Chao faces permanent revocation of his medical license, up to a year’s suspension or probation.

Prior Medical Malpractice Allegations

According to the ESPN report, since 1998, there have been 23 charges of medical malpractice or negligence filed against Chao. In the past two years, Chao lost two medical malpractice civil lawsuits, which resulted in $7.4 million paid out to victims.

Also, last year, Chao was publicly reprimanded within the medical community for failing to disclose that he had been convicted of driving under the influence of alcohol in 2007. In the fiscal year 2012, the California medical board revoked 18 medical licenses out of 185 court cases that accused doctors of negligence.

The Issue of Medical Negligence

Medical malpractice occurs when a patient is harmed by a doctor or some other medical professional who fails to perform his or her medical duties in a competent manner. In order to prove that medical negligence occurred, a plaintiff must be able to show that a doctor-patient relationship existed, that the doctor was negligent and that the doctor’s negligence caused his or her injuries.

Victims of medical negligence can seek compensation for damages such as physical pain, emotional distress, additional medical bills, lost wages and lost earning capacity. Anyone who has been injured as the result of a medical professional’s negligence would be well advised to contact an experienced California medical malpractice attorney or personal injury attorney who will fight for patients’ rights and ensure that they are fairly compensated for their significant losses.

Picking up the Pieces after an Auto Accident

Many people fail to prepare themselves for auto accidents because they simply believe that they’re not likely to be involved in one. Even people who have been injured in car accidents previously think that they won’t experience another simply because they don’t believe that their luck can be that rotten. Unfortunately, insurance statistics show that the average person has to file a motor vehicle insurance claim once every 19 years. This makes it imperative for everyone to fully understand how to get back on their feet if they are involved in a car accident that leaves them seriously injured. Dealing with Injuries

One of the most important aspects of getting back on one’s feet after a car accident is healing from any injuries. Even if a person doesn’t think that they’ve sustained serious injuries, they should visit a medical professional. A whiplash injury, for instance, can simply feel like a little pain in the neck. Left untreated, however, whiplash can lead to serious physical and even emotional issues in the future.

It’s important to fully follow a doctor’s instructions after sustaining an injury. If the doctor says it’s not safe to return to work, then a person shouldn’t take the risk. If they tell a person to stay off their feet, that person shouldn’t be out walking their dog or grocery shopping. Not heeding the advice of medical professionals has landed many people back in the hospital with even more serious injuries than they initially sustained in their car accident.

Getting Legal Protection

Getting legal representation has almost turned into a necessity in this day and age. This is true regardless of the exact circumstances surrounding an accident. A person who is injured by a negligent driver, for instance, will definitely need an attorney if they hope to recover fair compensation. Legal professionals, from West Palm Beach car accident attorneys to San Francisco traffic lawyers, will agree that the other driver’s insurance company is in the business of making money, and they do this most successfully by offering low settlements. Having representation will likely not only increase a settlement offer; it will also expedite the entire court proceedings.

Of course, other drivers’ insurance agencies aren’t the only ones in the business of making money; this is every company and institution. So even in the case of a hit-and-run, it’s a good idea for a person to seek legal advice to make sure that their own insurance company and the legal process is treating them fairly.

It’s important to never forget, however, that sometimes, we ourselves are listed as the negligent driver in a police report. If there was ever a good time to get an attorney, this would be it. Only legal professionals fully understand all of the nuances of local laws and the court system and how they affect a person accused of causing a wreck.

Coping with Possible Emotional Issues

There’s no getting around it: vehicular crashes are oftentimes emotionally detrimental. Some people have been known to experience post-traumatic stress disorder (PTSD) after a car crash. This is absolutely nothing to be ashamed of, and many completely normal people seek out the help of counselors in order to get over these emotional issues.

One of the biggest things that helps a person recover emotionally is talking about the incident. This is why speaking with a counselor or therapist can be so beneficial. Luckily, the legal professionals previously mentioned may be able to secure compensation to cover counseling sessions. Even if a person feels unaffected emotionally, they should practice getting mobile and driving around a few days before they’re actually slated to return to work or school. Some people don’t realize the traumatic emotional effect that a crash has had on them until they’re back behind the wheel, so it’s good for a person to go back through their routine before it becomes an essential part of their day again.

Recovering from a motor vehicle crash can be a long and arduous process. This is true whether or not a person was injured due to the crash and regardless of whether or not they were at fault for the incident. Some people have it much harder than others because of different degrees of loss or serious injury. Luckily, there are several tried and true methods of getting back on one’s feet after these incidents. It’s definitely not an easy journey, but it’s without a doubt a journey worth taking.

Freelance author Molly Pearce is also a big, city motorist familiar with the tragedy an auto accident can bring into the family dynamic. One group of West Palm Beach car accident attorneys, Steinger, Iscoe & Greene, does not offer services to big businesses or insurance companies; their 150 staff members work to serve everyday people who’ve been injured in accidents through no fault of their own. Since 1997, they have aided over 18,000 injury victims in South Florida.

A Personal Injury Lawyer Will Assist Accident Victims

When you have been injured in an accident, getting the help you need is imperative to your recovery and your ability to regain as normal a life as possible. However, in the immediate aftermath, you and your family may be confused and frightened;unsure of what to do. Often you will be required to fill out numerous, complicated forms for insurance companies and make decisions that may end up limiting your ability to access all the care and financial resources you really need, both for your immediate and your future needs. That is why it is important to hire a personal injury lawyer as soon as possible following an accident.

A personal injury lawyer is an attorney who specializes in assisting accident victims. He or she will make sure that all your legal rights are protected; you get the medical care you need to recover and make sure that you are rightly compensated for your losses. Your personal injury lawyer will also assist your family in finding the resources they need to deal with the trauma they may have suffered. Alternatively, they assist you and your family in getting the funds needed to take care for you upon your release from a medical facility.

While you can hire an attorney at any point, the sooner you bring a skilled personal injury lawyer onto your case, the sooner he or she can intervene on your behalf with insurance companies and take steps to ensure that your current and future legal rights are not limited. Any attorney will be able to offer you basic advice, but a lawyer who specializes in personal injury litigation will be able to assess your unique circumstances and provide guidance that is distinctive to you. He will have a deeper knowledge of the resources available to you, as well as being aware of the challenges that may lie ahead. He is far more likely to know in detail the laws pertaining to the rights of accident victims in your area and how to navigate the legal system that will have jurisdiction over your case.

Experience is also an important factor to consider when choosing a personal injury lawyer. Ideally, you would like a lawyer you has handled not only a number of accident cases but specifically cases involving the type of accident of which you are a victim. Experience brings with it not only the knowledge of case law and available resources but also empathy and the ability to understand the difficulties you are facing. He or she will know what information you need, even if you don’t yet realize it, and they know whom to turn to for assistance to ensure that no aspect of your case is overlooked, such as a case manager, occupation therapist, physiotherapists and social workers.

Being injured in an accident can be frightening, leaving you and your family facing an uncertain future. Hiring a skilled personal injury lawyer will ensure that your legal rights are protected, and you receive the care you need for recovery and rehabilitation now and for long-term health issues in the future. Your lawyer will fight the insurance companies and others involved in your case to make sure that your medical bills are paid and that you are fairly compensated for the losses you and your family have sustained. They will advocate for you throughout the process, doing all that they can to see ensure that you are able to come as close as possible to resuming the life you had prior to the accident.

Author Bio

Steve Jackson has years of experience dealing with tort law in Toronto, and he is constantly blogging about new case outcomes and court decisions. He can help you find the best slip and fall lawyers in Toronto and recommends you get in contact with Neinstein & Associates to help you with your case.

Charlie Sheen Gives Girl $10,000 for Therapy Dog After Amusement Park Accident

Charlie Sheen has shown that, despite the controversy that swirls around him, he is willing to put his money where his mouth is.  After hearing of a young girl in Florida who needed a therapy dog after an amusement park accident left her seriously injured, the actor wired $10,000 to the girl’s mother to help purchase the animal, according to a recent report.

The 15-year-old Parkland, Florida, girl was injured when she plummeted 100 feet from a ride in an amusement park in Wisconsin in 2010.  The ride was supposed to have nets and airbags to prevent injury to riders on the free-fall attraction, but these were allegedly not raised at the time of the incident.

She suffered brain, spine and pelvis injures as well as internal organ damage.  She was hospitalized for three months following the accident and initially suffered paralysis of her arms and legs.  However, she has been able, through physical therapy, to begin walking again with the aid of a walker.

Mom Needs Financial Help

The young woman’s mother has recently divorced, is facing foreclosure and found that her insurance will no longer pay for her daughter’s physical therapy.  She had no money to pay for an English Golden Retriever puppy or to have it trained as a therapy dog, costs that are estimated to top $6,000.  However, she dreamed of a time when her daughter might be able to have a companion animal that could turn on lights and alert others if the girl was in trouble.

One woman, learning of the mother’s plight, has been engaging in fundraising activities to pay for the dog.  She realized that one of her friends was Charlie Sheen’s godfather so, on a chance, she wrote to her friend to ask for help.  Soon, Sheen responded with an offer of $10,000 to pay for the dog’s training as well as any other expenses the mother may need to meet.  Sheen also told the mother that if she needed more money, she was welcome to call him.

Normally Sheen does not publicize his donations, but he said that he wanted to encourage others to donate to similar causes.

Liability and Personal Injury Issues

It is unclear whether the mother filed a personal injury lawsuit, the status of that suit if filed, or any other information relating to settlement of the case.  It is possible that the family settled with the amusement park company only to find that the money was insufficient to pay her daughter’s expenses.

When someone is injured in an amusement park accident, it is vitally important to consult a legal expert.  A personal injury attorney can explain your rights and help you understand the consequences of settling immediately for a low amount of money.  A personal injury attorney can also help you estimate the lifelong costs of an injury so that you do not accept a low offer to settle your case.

Medical Malpractice Claims; Only the Researched Survive

From the perspective of medical doctors, the current model of medical malpractice is not sustainable. Medical malpractice claims are rising. This current trend leads to higher costs for medical practitioners in attorney fees and insurance, contributes to the stress of the practice of medicine, and sometimes dissuades the best and brightest doctors from entering higher risk fields of medicine such as Obstetrics-Gynecology. The potential of entering a once highly profitable profession can be overshadowed by risks, costs, and increased stress these malpractice suits place on the doctor, to the detriment of the practice of medicine, the practitioners, and the patients alike.

The process for determining the legitimacy of a malpractice claim is similar in most places. A plaintiff will typically file a medical malpractice claim with a state board when there is cause to believe that a doctor has neglected his or her duty to a patient. Malpractice claims may be filed by the patient or by relatives of the patient when the patient is deceased, a minor, or incapable of filing on their own behalf. Next, a panel of doctors who are experts in the same field of medicine as the defendant will be formed. This medical review panel will then study the evidence and facts relating to the case in order to determine whether the doctor breached the standard of care in regards to the patient.

For a plaintiff to successfully establish that malpractice has been committed, the medical review panel and/or a court of law must decipher whether the standard of care has been breached. The standard of care is a complex rule, composed of current professional ethics, established methods of practice, state laws regulating practice, and individual opinion. To have a reasonable chance of establishing the standard of care has been breached, experts in the same field of medicine with similar background, knowledge, and skills should testify that they, given the same circumstances and facts as presented in the case, would have acted differently than the defendant.

In addition to proving that other medical practitioners would have chosen a different course of action than the defendant in the case at hand, the plaintiff also must show that the prescribed course of action is what led to the injury, suffering or damage caused to the plaintiff. In this way, simply establishing that the standard of care was breached is not enough to find a doctor guilty of malpractice; the breach must also be responsible for the damage.

Because the process and requirements of establishing medical malpractice is not widely known to the general public, millions of unnecessary, superfluous claims are filed each year, causing stress to doctors and insurance costs to rise. Unknowingly, the filers of these claims cause undue pressure on an already overextended justice system. Unfortunately, the ironic outcome of these unnecessary claims is an impaired medical system and less than optimal patient care. In order to preserve the efficiency of the practice, medical malpractice claims should be thoroughly investigated and researched by the patient, patient relatives, and plaintiff’s lawyers before a claim is ever filed with the state. Only those cases in which the standard of care has likely been breached should be considered for review by a medical panel.

Byline:  Cynthia Anderson once visited http://www.draltamira.com/breast-augmentation-houston for a cosmetic surgery that she was interested in.  She chose her doctor carefully to make sure that he was careful and knowledgeable.

Small Errors in Judgement That Can Cause Life Long Injuries

Car accidents are often unavoidable and they can happen to anyone. However, accidents involving texting while driving, falling asleep at the wheel or driving while under the influence are situations that can all be prevented. Few realize that these judgement laps may cause life-long injuries that can ruin lives.

Don’t Drink and Drive

It’s never a good idea to drink and drive. Never rely on your body weight or the amount of alcohol you consume as a judgement call. One glass of beer is all you would need to impair your ability to function while behind the wheel and cause an accident. Any law official, from a New Hampshire dui lawyer to a California state corrections officer will attest to this fact. If you’re going out for the evening, and you know you will be drinking, designate a driver who doesn’t imbibe. This safety measure provides everyone involved with a reliable source of transportation from said destination to home safely. Another alternative is to call a cab if you have been partying all night and you know you can’t function properly. In doing this, you do yourself as well as others a favor.

Never Combine Eating and Driving

You may find yourself famished while heading home for the night and decide to get something fast through the local drive-thru. Instead of waiting until you get home to eat, you decide to consume your meal while you drive. Juggling the steering wheel with eating and driving is extremely dangerous and hinders good driving skills. All it takes is a split second for you to take your eyes off the road. Reaching for a beverage or a handful of fries can cause a serious accident and inflict life-long injuries on innocent parties.

Put the Cell Phone Away

Even though there are laws in place to punish offenders for texting while driving, so many people continue to do so. Talking on the cellphone and taking your eyes off the road to text are huge distractions that can impair your driving abilities. All it takes is a split second to swerve into oncoming traffic, not see a pedestrian crossing the street or blow through a red light. To avoid being a statistic, put your phone in a safe spot until you reach your destination.

Stay Alert

Falling asleep at the wheel is the primary cause of car accidents today. This is especially easy to do at night when you’re fatigued after a long day. There are a number of things you can do to prevent falling asleep at the wheel such as hum or sing while driving, open a window and talk to yourself. If you find yourself still tired, you can pull over to a safe location and rest your eyes. Thirty minutes of rest could be enough to save your life.

Horrific Consequences of Senseless Accidents

There are a number of serious consequences related to these senseless accidents such as brain damage, paralysis, loss of limbs and fatalities. In addition to the physical repercussions, some people have to overcome mental anguish related to this trauma. Many times they are unable to work through the guilt of the situation and suicide often follows.

Few people take the responsibilities of driving on the road seriously and they manage to juggle numerous activities while manning the wheel. Preventing serious accidents takes diligence, concentration, and the ability to stay sober and doing so can save lives.

Nickey Williams is a writer and educator from Mobile, Alabama who writes to inform. A knowledgeable New Hampshire dui lawyer, who steadfastly handles DUI cases relating to NH driving under the influence charges can be found among the attorneys of Tenn And Tenn, P.A. attorneys at law. This trustworthy New Hampshire law firm is committed to assisting people and the families of those who have been wounded, charged with misconduct, or dealing with divorce or custody disputes.

The Demise of the ‘No Win, No Fee’ Solicitor?

Guest blog post regarding the question of the potential demise of the ‘no win, no fee’ solicitor in the UK.

Can you guess who’s the champion of ‘no win, no fee’ solicitors? It’s probably not the first organisation that comes to mind, but amazingly enough, human rights organisation, Amnesty International, flooded the House of Lords with letters last year, asking them to preserve the role of ‘no win, no fee’ lawyers, after calls to reform were made in parliament. Legal Aid has also been attacked, in a bid to save £350 million every year.

Condemned as ‘ambulance-chasers’ and the reason for our ‘compensation culture’ by justice secretary, Kenneth Clarke, Amnesty protests that ‘no win, no fee’ court cases are responsible for protecting victims of human rights abuses.

‘No Win, No Fee’ Law And Human Rights

Without ‘no win, no fee’ solicitors, the lawyer’s success fee and the insurance premiums will be paid from the victim’s compensation, leaving little (if anything) left behind. This makes legal action financially unviable for many victims of human rights abuses, especially when the bad guys are large, wealthy corporations with bulletproof legal teams.

Amnesty International accused the government of hanging out a ‘carte blanche’ to powerful companies, but regardless, there were moves in parliament to turn this issue party-political. David Cameron mocked the Labour defence for being as irresponsibly opposed to any financial cuts as the Greek nation, whose economy nosedived last year – not once, but twice – and needed two large bailouts.

Knock-On Effects

Legal Aid and ‘no win, no fee’ solicitors provide a necessary financial net for many poor people across the country who can’t afford legal fees. With so many welfare cuts already, it’s becoming increasingly more difficult for financially struggling families to bring grievances to court. Justice shouldn’t just be available to the wealthy.

Disability charities are breathing a sigh of relief, now that it seems Legal Aid and ‘no win, no fee’ lawyers are safe. Living with a disability is already financially problematic as it is, without complicated court proceedings sinking these individuals and their families into further poverty.

Without ubiquitous access to the correct legal aid, the courts would be burdened with lengthy, poorly prepared tribunals, actually costing the government more money in the future, rather than saving expenditure. No matter what parliament says, the citizens advice bureau predicts that for every £1 that’s invested in legal aid, the state actually saves themselves £8.80 in the long-term! Keeping legal aid strong ultimately saves taxpayers’ money.

No Win, No Fee Benefits

If you have a claim, such as a personal injury that occurred at work (and was not your fault), no win, no fee is perfect. Not only do you not have to pay your lawyer if you lose, but if you take out insurance, you’ll be covered for further court charges, leaving even the poorest family with nothing to lose. You’ll only have to pay your lawyer if you win, and you can be sure that he or she will fight the good fight for you, as it’s the only way that your lawyer will get paid.

Jigsaw Law are specialist personal injury solicitors who focus on helping claimants through the process, reassuring the person involved over any aspect – they also, want to explore the changes which will be taking place in April regarding no win no fee and the opinions on them.

 Please follow them on Twitter here @Jigsaw_Law or visit their address location at: Jigsaw Law, Pioneer House, Pioneer Business Park, North Road, Ellesmere Port, Cheshire CH65

A Closer Look into Personal Injury

(U.S. Personal Injury Law and generally) Personal injury cases can be filed for a wide variety of reasons, and they were responsible for 60 percent of all lawsuits that were filed by an individual in 2008. Because these cases are so prevalent, it is shocking that an estimated 96 percent of them never make it to court. Instead, the vast majority of personal injury lawsuits result in an out of court settlement.

What Exactly is Personal Injury?

A personal injury lawsuit can be filed if an individual was injured by the negligence of another person or company. It is most common for these cases to originate with an automobile accident, but they can also stem from a slip and fall, tripping, an accident at work and any other incident during which the individual’s injury was not sustained due to their own personal negligence. In other words, if you crash your car into another vehicle when you are driving while under the influence, you will be considered negligent, and this will make you responsible for the other driver’s injuries if they decide to file a lawsuit.

Proving Negligence

The most difficult aspect of winning a personal injury case is being able to prove that the other party was negligent. For example, if you go into a fast food restaurant and slip and fall on a wet spot on the ground, you might be able to sue the restaurant. However, if they have a sign in place that says that the floor is wet, they will most likely no longer be considered negligent in the eyes of the law. In other words, you must be able to demonstrate that your injury was not caused by your own actions. In the example of the fast food restaurant, your own personal responsibility to keep yourself safe would have required you to read the sign and make the necessary adjustments to avoid walking into the wet spot.

Filing a Personal Injury Lawsuit

If you have been injured and you believe that another person or business is negligent for your injuries, you should contact an attorney, preferably a personal injury lawyer, who has experience working with personal injury cases. Whether you consult a San Bernardino personal injury lawyer, or one in New York state, U.S. attorneys all will have the same basic qualifications. Because it can be difficult to prove negligence, you will also want to gather as much evidence as possible. Therefore, it is always a good idea to take photos of the accident scene, and you should ask at least a couple of witnesses if they would be willing to testify for you.

In addition to proving negligence, you also have to prove that your injury claim is legitimate. This can be accomplished by providing photos of the injury, documentation from your doctor’s office and a statement from a medical expert witness. If your doctor is unwilling to get involved, your attorney should have a list of medical contacts who would be willing to do an examination in order to give a qualified statement.

As previously mentioned, it is highly likely that your case will never see the inside of a courtroom. Therefore, you need to be willing to settle out of court. Your attorney should handle all of the negotiations, and they will let you know once they think that they you have received a fair settlement offer. By accepting an out of court settlement, you can avoid the average wait time of 23 months to get your case in front of a judge and start taking care of your medical bills right away.

Anthony Joseph is a freelance author who contributes this article toward raising awareness of negligence and its affects on liability. A San Bernardino personal injury lawyer from the firm of Milligan, Beswick, Levine & Knox, will be able to protect your rights and make sure that you receive exactly what you deserve. Their attorneys have many years of experience defending injured victims.