Tag Archives: negligence
Negotiation Personal Injury Claims

Negotiation of Personal Injury Cases

Negotiation presents a key opportunity in every legal matter.  The reality is that many or most cases settle before trial.  Enlightened negotiation skills increase the likelihood of  acceptable final results. Basic skills are the same but we focus here on negotiating personal injury claims. Know Your Case Before Negotiation In a personal injury claim knowing the case brings special challenges.  Do [...]

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When Property Dangers Cause Injury

Property Dangers: Premises Liability

Stairways in deplorable condition cause injuries.  But believe it or not, insurance companies vigorously defend property owners who allow outrageously dangerous conditions to exist. The stairway shown here caused ankle, back and foot injuries when a tenant, attempting to go around the obvious defects in the stairway, was thrown to the ground by what looked [...]

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Vicarious Liability Flows Upwards to the Company

Vicarious Liability – Responsibility Flows Up

Vicarious liability is a legal theory holding one party responsible for the negligence of another.  An employee drives a company vehicle, causing an accident.  Vicarious liability holds the company responsible. Generally, vicarious liability attaches when a “master and servant” relationship exists.  If so, the master faces responsibility for the servant’s misdeed. The relationship exists if the [...]

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When They Say 'That Never Happened Before'

That Never Happened Before – Defense to an Accident Case?

Something happens.  There’s an accident.  Someone runs out and says “that never happened before.” Even after the injuries are treated and the accident is reported to higher-ups in management or an insurance company, this phrase is often repeated as if to say, we did nothing wrong, it’s your own fault. But does the law support [...]

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Use of Photo and Video Evidence in Court

Photo and Video Evidence: Always Allowed in Court?

Photographs and video present some of the most effective evidence possible in court.  In the dark ages of photography it took a small investment to buy or rent video equipment.  But now that nearly everyone has a basic camera and video capability at their fingertips through a cell phone, it’s hard to imagine an accident case [...]

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Open and Obvious Dangers, a defense?

Does Open and Obvious Defense End an Injury Claim?

Open and obvious dangers present themselves every day.  Cliffs or holes beside a road or walkway.  Construction debris.  The shallow end of a swimming pool, where reasonable people would never dive head-first. But in an injury claim where an insurer says the danger was open and obvious, does that end the case? Consider a carpenter [...]

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Injury Claim Puzzle Pieces

Injury Claim Handling: Hidden Pieces, Unknown Dynamics

Injury claim preparation requires piecing together many elements, some of which aren’t immediately obvious.  Imagine a puzzle, but some pieces are hidden. Think about it.  The furnace makes loud noise.  Most homeowners won’t attempt to fix it.  You need to fly cross country.  Will you tune up the jet engines and pilot the aircraft yourself?  Many jobs require expertise. Legal matters can look like a pile [...]

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Ghosts in the machine & negligence

Negligence, Gross Negligence & Willful, Wanton Conduct

Failing to use reasonable care causes negligence.  But, negligence comes in degrees.  Different levels of negligence can make a difference. Ordinary Negligence The “reasonable person” standard requires people to conduct themselves as a reasonably careful person would under like circumstances.  Ordinary negligence occurs when someone does something that a reasonably careful person would not do under similar circumstances, [...]

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Supplemental Needs Trusts

Supplemental Needs Trust & Personal Injury

Supplemental needs trusts, if established properly, can protect certain benefits when there is a personal injury settlement. Before the settlement is effectuated, an attorney drafts this trust to hold and disburse settlement proceeds and potentially other property for the benefit of the person receiving the settlement. Certain benefits are needs-based, meaning eligibility hinges upon any [...]

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Auto Insurance, Accidents and injuries.

Auto Insurance. Understanding Some Basics.

Auto insurance presents a necessary evil.  Driving without it is folly. Driving a rolling two-ton metal box, disaster happens in a split second.  Cars pose a rolling risk. Excuses for shirking off insurance include “I always drive responsibly …  if I get in an accident the other guy’s insurance will pay.” Surprisingly, many accidents happen where [...]

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