Tag: personal injury
PERSONAL INJURY: Reasonable Person Standard
Negligence happens when a person does one of two things: Fails to do something that a reasonable person would do, guided upon those considerations which ordinarily regulate the conduct of human affairs; or Does something that reasonable person would not do. Common law evolves slowly. The reasonable man concept is […]
Can a Personal Injury Case be Reopened After Settlement?
Question: When symptoms come back years after an accident is it too late to file a claim? My niece was in a car accident four years ago and broke her neck. She received a settlement check and her medicals bills were paid. Now, she is experiencing renewed pain and she […]
PERSONAL INJURY: Negligence Law & “Torts”
In the law, the word “tort” means a civil wrong. Latin play less of a role in the law as in previous eras. But, the word tort comes from “tortum” or “tortus” meaning injury. Personal injury law in its purest form is taught as “Torts” in law schools. The most […]
WHY DO PERSONAL INJURY INSURANCE CLAIMS TAKE SO LONG?
It can take a long time for an injury claim to crawl through the insurance claims handling process. The maze of the insurance claim handling process frustrates injured people waiting for full fair settlements, but also attorneys wanting a satisfied client and a closed file. Of course, it depends on […]
PERSONAL INJURY: MEDICAL MALPRACTICE
Medical malpractice law comes right out and states that there is no cause of action simply for a bad result or a bad judgment by a medical provider. Medical Malpractice Legal Elements Medical malpractice requires establishing three essential elements: [1] What the average standard of care would have required in […]
PERSONAL INJURY: Liability – No “Guilt” or “Innocence”
“Guilt” and “Innocence” exist in criminal law, not civil negligence law. Concepts of guilt or innocence refer only to criminal matters, where an individual faces prosecution by the government at some level. Even in an accident caused, allegedly, by a person running a red light, the light runner is not […]
Initial Consultation: Personal Injury
Initial Consultation with most personal injury attorneys is free. So, optimize this opportunity to make the most of your time. Here’s how: Call ahead. Make an Appointment Some attorneys accept “walk in” clients. But, the more experienced attorney you want to see may or may not be there and you may […]
PERSONAL INJURY: Mediation & Arbitration
One of the more frustrating things about any case is the amount of time it can take. Mediation and arbitration present an efficient and relatively inexpensive way to resolve many civil disputes. Sometimes called ‘alternative dispute resolution’ or ADR, mediation and arbitration can speed things up. Mediation In mediation, […]
PERSONAL INJURY: Class Action Lawsuits
Class action lawsuits bring together a number of people all claiming damages resulting from the same or similar wrongs. Defective products and medication exemplify class action cases. Claims by many join to create a class action. Defective birth control devices linked to cervical cancer formed the basis of one class […]
PERSONAL INJURY: Res Ipsa Loquiter
The concept of “Res Ipsa Loquiter” lives on today, even though courts and lawyers in general tend to use Latin less often now than in previous decades. It translates into “the thing speaks for itself.” This legal doctrine holds that one is presumed to be negligent if he, she or […]
