Tag Archives: negligence
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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An Open and Obvious Danger

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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Piecing it Together

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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Gear System by Arbyreed on flickr

Negligence, Gross Negligence & Willful, Wanton Conduct

Negligence is the failure to use reasonable care.  But, it comes in degrees.  Different levels of negligence apply in different claims.  What are they? Negligence – Ordinary 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 [...]

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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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Establishing Cause - Injury cases

Proximate Cause: Personal Injury Claim Causation Requirement

In a famous case, a commuter runs for a train that’s just started rolling.  The man sprints across the platform.  A conductor on the train reaches out, pulling the man.  Another railroad employee on the platform pushes him onto the train.  A wrapped package falls out of the man’s hands onto the train tracks.  The package, [...]

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Reasonable Damages


  No one expects a person seriously injured in an accident to run a marathon or to bench press 500 pounds soon after the injury.  At the same time, the legal concept of mitigation of damages requires those injured to make reasonable best efforts to get back on their feet. Mitigation of Damages Mitigation of [...]

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Discovery in Civil Lawsuits

Discovery in Civil Litigation

A “search for the truth” is the idea behind the discovery phase of civil law suits. Hollywood keeps movie viewers in suspense, telling a tale but holding back on a final nugget of truth until a secret witness shows up in court at the end revealing “the truth”.  Forget all that.  In the real word, [...]

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