Life-Changing Injury: How to Prove Negligence in a Personal Injury Case

Life-Changing Injury: How to Prove Negligence in Personal Injury Cases

If you’ve sustained a life-changing injury and want to make a claim, you’ll have to prove it was caused by negligence. Here’s how to prove negligence to win…

1 in five adults have stated that they were injured in a workplace environment. However, most of these workplaces are never held accountable for these injuries, as many employers are unaware as to how to prove negligence.

Read on to learn more about what constitutes as negligence, and how to prove it.

What Is Negligence?

First, it’s important to know what the law defines as negligence to know if that’s what truly occurred. Negligence is when a party fails to take reasonable care in a situation where their property is expected to come into contact with another person or property.

This extends to a number of circumstances, from car accidents to food and beverage incidents. The primary factor that must be present is that action was not properly completed to ensure the safety of others. In the event that the individual does not take the necessary care responsibilities, they could be at risk for a negligence claim.

What Isn’t Negligence?

Often, negligence is confused for a number of instances that do not meet the legal definition. These claims fall better under the broader definition of a liability than under negligence. For example, if a food or beverage hits the market without being checked first for safety, it is considered a liability rather than negligence.

The difference being that the necessary action was skipped altogether, rather than improperly assessed or completed. Negligence acknowledges that the attempt was made, while it was unsuccessful or not fully completed.

The 4 Elements of Negligence

In order for a claim to be classified as negligence, it must fall under the 4 elements of negligence. These elements have been defined by the law and include the following:

  • Existing Duty of Care: In order to prove that negligence occurred, a duty of care must first be established. This could include routine maintenance checks on a car, regular health inspections, or safety checks.
  • A Provable Breach in Duty of Care: it must then be proven that some aspect of the duty of care did not occur or was conducted improperly.
  • Breached Duty is the Proximate Cause of Injury or Damage: It must also be proven that the Injury was a direct result of this breach, and not a result of any other action.
  • The Resulting Injury Led to Monetary Loss: Finally, it must be demonstrated that this injury results to some kind of monetary loss for the injured party.

How to Prove Negligence

In addition to complying with the four elements of negligence, there are additional measures that may be taken to prove fault.
These methods may include establishing intentional conduct, showing the claim is subject to the “strict liability” of proof or proving negligence per se.

It’s important to know that intentional conduct assumes that the conduct happened voluntarily and that the outcome was the desired consequence. Negligence per se may also apply to an existing law or circumstance that applies to almost all similar situations. While strict liability assumes the accused was aware of the risk and potential consequences.

Knowing if You Can Make a Claim

Now that you have a better idea of what constitutes negligence, you can determine whether or not you are able to make a claim.

It’s important to remember that in order to make such a claim you will be required to prove that your injury or illness came as a direct result of the negligence of another. This means evidence will need to be provided.

If you do choose to make a claim, the help of a facilitator can be used to help you compile such evidence.

When to Make a Claim

While it may be tempting to want to first gather evidence, it’s important to make your claim as soon as you are able too. Since most negligence cases are a result of an accident, evidence will need to be gathered promptly from the scene of the accident and assessed to determine who is responsible.

You’ll want to take note of any address, names, or witnesses that were present for the accident as it will all be important information that will be viewed as evidence.

Accidents that Happen at the Workplace

Workplace accidents could be the result of a number of factors that could easily be assumed as negligence. This can include inadequate training, poor safety equipment, or faulty machinery.

The conditions of your workplace and the presence of harmful substances such as latex or asbestos can also lead to serious illness and may be considered negligence if you were never informed of the risks.

Who Makes the Liability Determination

Who makes final liability determination will vary from case to case, depending on how the parties decide to go about settling and how severe the case is. In some cases, the liability claim may be handled by liability insurance carried by the accused party. This may result in the insurance company carrying out their own investigation of the accident.

In other cases, the two parties may agree to sit down and come to a liability agreement. If neither circumstances can take place, the claim will likely be moved to court where a civil court jury will make the final determination.

Defense in Personal Injury Claims

If you are the one being accused of negligence, there are also measures you can take to defend yourself. Some of the most common defenses are as follows:

  • Comparative Fault
  • Assumption of Risk
  • Respondent Superior
  • Trespasser Defense
  • Firefighter Rule

If choosing to fight the claim and use a legal defense, hiring a lawyer that’s familiar with such cases may be advised.

Getting the Justice You Deserve

Knowing how to prove negligence could save you from facing massive debt and towering medical bills by holding the responsible party accountable. However, such claims require adequate evidence. To ensure that you find the justice you deserve, working with a qualified lawyer is a wise route to take.

If you are suffering from an injury that you believe came as a result of another parties negligence we suggest speaking with one of our lawyers today to ensure they are held accountable


People changing tires in danger of fatal motor vehicle accidents

In Brooklyn, flat tires are an inconvenience that will negatively impact every driver at one point or another. Changing a tire can be time consuming and stressful. What people do not realize at the time is that it can also be dangerous. It is impossible to control where the flat tire happens and people must change it as soon as possible. That can leave them vulnerable to careless, negligent, reckless and distracted drivers. With motor vehicle accidents involving a person who was changing a tire, there can be injuries and fatalities. Those who have been hit or lost a loved one in such a crash should remember they have the right to consider a legal filing for compensation.

According to a recent report, a hit-and-run driver crashed into a man who was changing a tire and killed him. The driver was arrested. The man who died was a 65-year-old grandfather. The 30-year-old driver of a Toyota minivan crashed into the man and fled. He stopped the vehicle a short distance from the scene of the accident and then ran on foot. Law enforcement investigated the incident, used witnesses and surveillance video to locate the driver and arrested him. He faces multiple charges in the incident.

Motor vehicle accidents can happen without warning and a family can be left reeling. This is especially dangerous when the person who was hit was a pedestrian. Since the victim is so vulnerable, there can be brain injuries, spinal cord injuries, broken bones, cuts and more. That can result in medical expenses and other long-term issues. In many of these cases, the person dies because of the crash, leaving a family to come to grips with an unexpected loss. To make matters worse, a driver who hit a person might commit a hit-and-run.

It is in these situations when people need to know their legal rights and investigate the prospects of a successful legal filing in the aftermath of motor vehicle accidents.


Building in the Sky: How to Avoid Scaffolding Injuries

It’s all the glory and the guts.

For a construction worker creating towers in the sky, scaffolding is both an enabler and a major source of danger. It may seem exhilarating to climb a few stories above ground and work above the heads of the general population, but a scaffold is also one of the country’s greatest workplace dangers, resulting in more than 4,500 injuries per year and 60 annual deaths.

Whether you have a stomach of steel or you get a little queasy when climbing up to your outdoor office every day, if you’re a construction worker who works with a ladder or scaffold, protect yourself from injury on the job with the following precautions.

Ensure the scaffolding is completely secure. The US Bureau of Labor Statistics has recently found that oftentimes, scaffolding is shoddily or carelessly built, leading to pieces giving way under workers’ feet or structures collapsing. While the scaffolding may seem like it’s only a step in the process towards building the actual building you are constructing, don’t skimp on securing this important support. If you’re not on a safe surface, nothing can get built in the first place.

Tighten all planks and pieces properly. Once the frame is secure to the ground, you still need to ensure that each level and plank is correctly installed. Many workers have been injured from an inner scaffold plank loosening and giving way.

Protect from above. Think you’re higher than everyone? Think again. Workers performing construction on other parts of the building or who have completed their section of the job ahead of you may climb a level or two above you. It’s human to err, and a tool may accidentally slip from their hand or belt. Make sure your head is protected from falling objects with a hardhat. Workers should preferably secure all tools with a safety rope, as well.

Prevent slippage. Slips and falls happen, but minimize accidents where you can. Wear heavy-duty, non-slip construction boots, guard all edges with protective rails and dry wet, slippery surfaces after a rainstorm before heading back to work.

Currently, an estimated 2.3 million construction workers work on scaffolds on a regular basis. With thousands of injuries per year and dozens of preventable deaths, it’s clear that these hard workers are not ensuring that their own work environment is as safe and secure as the one they are building for others.

If you are a construction worker and you’re looking to avoid a scaffolding accident, make sure your construct is as safe as you would create for someone else. Don’t you deserve that, too?


Man's death shows danger of turning motor vehicle accidents

The roadways in New York City can be congested and treacherous. With the combination of vehicles trying to get from one place to another, the reality that the city is a popular place to live and visit, and the frequent inclement weather, motor vehicle accidents are all-too common. Some of these accidents happen when a vehicle is turning and is hit by another vehicle. Since people often make judgmental mistakes or overtly violate the law, it is important to be cautious. After there has been a crash, also important is considering a legal filing to be compensated.

A two-car crash led to a man’s death. According to the accident investigation, a 40-year-old man was near John F. Kennedy Airport when he tried to make a turn. A 2015 BMW X5 crashed into him as he was doing so. The man in the first car had head injuries. He was unresponsive to emergency personnel. After being taken to the hospital, he was declared dead. The other driver was taken to the hospital with injuries that are not believed to be life-threatening. No arrests have been made, but the investigation is continuing.

Those who have been injured or lost a loved one in a car accident should understand the immediate and long-term issues they will face. That includes medical expenses, lost wages, funeral costs, the possible need for long-term care and other factors that inevitably arise. The easy answer when thinking about how to handle motor vehicle accidents is to think about a lawsuit to recover compensation. However, finding the lawyer that fits into all the needs of the individual client can be complicated. With the amount of advertising personal injury attorneys do, people who are thinking about a legal filing can become overwhelmed. This is when it is critical to have assistance in finding the lawyer who is ideally suited to the individual claim based on all its aspects.

A man was turning when another vehicle crashed into his. The first man died and the other man was injured. It is unclear as to who – if anyone – was at fault in this case. With the litany of concerns that the families will have after motor vehicle accidents of this kind, they should consider their options for a legal filing and discuss the case with a firm that matches attorneys and clients effectively to move forward with a lawsuit.


Personal injury incidents spark private sanitation crackdown

New Yorkers will understand that the amount of trash that is generated in a municipality this size will require a lot of garbage trucks moving around at all hours to pick it up. When the number of businesses that use private haulers is added to the mix, there is major danger of encountering one of these vehicles when out as a driver, bicyclist or pedestrian. This can lead to accidents. People should be cautious and aware of this.

Since there is little oversight into the behavior of private sanitation companies and they might try to cut corners to finish their routes as quickly as possible, it lays the foundation for there to be accidents. The number of accidents has led to law enforcement cracking down on these vehicles. According to ABC’s Eyewitness News, the New York City Police Department is paying stricter attention to these vehicles, conducting inspections and issuing citations if there are violations.

In one incident, a detective found the vehicle’s brakes were faulty, there was low air pressure and there were fluid leaks. With these issues and the patchwork drivers do to keep the vehicles on the road, people are placed in danger. According to the NYPD, there were more than 20 fatalities in just the last two years after accidents with private garbage vehicles. Some have involved clear flouting of traffic laws such as driving the wrong way on a one-way street. During the time the news crew was with law enforcement, they saw vehicles that were in poor shape. As it did its crackdown, the NYPD gave out more than 500 each of moving violations and summonses – all in a single week. Seventeen trucks were removed from service entirely.

People who have suffered personal injury because of a reckless garbage truck or lost a loved one in a fatal accident will have many issues they must think about. There can be lost wages, medical expenses, the need for treatment and rehabilitation, funeral expenses and more. The first thought when confronted by these issues is to consider a lawsuit. However, people will not know where to turn in their time of need and not have the wherewithal to make an informed decision. That is when it is wise to have help in finding the right personal injury attorney through an experienced team that knows which case and which attorney are a good match. Calling for help is the first step toward being compensated after injuries suffered in a private garbage truck accident.


Hit-and-run death shows danger of motor vehicle accidents

The New York City roads can be a dangerous place. While law enforcement and legislators try to improve safety and take steps to ensure drivers are adhering to the rules of the road, the sheer nature of life in the city lends itself to risk. Drivers will operate their vehicles while distracted, behave negligently, speed and drive under the influence. That, combined with how many vehicles there are and the number of people who are going back and forth about the city will lead to motor vehicle accidents, injuries and death. To make matters worse, some drivers will flee the scene after an accident. Those who are in a crash must remember their rights to seek compensation in a legal filing.

A man was hit by a car and killed as he crossed the street. The vehicle fled the scene making it a hit and run. According to NBC New York, the man, 29, was hit in the evening at approximately 5:30 p.m. The vehicle was a silver or gray four-door sedan. The man flew in the air and was hit so hard that his shoes came off. He was taken to the hospital and declared dead. The next day, law enforcement stated that they made an arrest in the incident. The driver was a 28-year-old man and he faces a litany of charges from this incident.

When there is a fatal motor vehicle accident, there will be a multitude of issues that the family left behind will face. That includes the emotional impact, lost companionship, lost income and more. Many will think about a legal filing to be compensated. However, a problem that frequently arises is that they do not know where to turn. It is easy to say they should seek legal assistance, but knowing what firm will best represent them can be nearly impossible, especially in the aftermath of a fatal car crash. This is when it is critical to consult those who are experienced in matching clients with lawyers.

In this crash, a man was crossing the street when he was hit by a vehicle. The vehicle fled the scene and the pedestrian died. Police found the apparent driver the next day and arrested him. As the case moves forward, the family of the man who died should think about their options. Part of that is considering a legal filing. Calling for assistance with those who know how to find effective attorneys for every situation following motor vehicle accidents is the first step.


How to talk to your teenager about safe driving

The thought of your teenage driver hitting the road without supervision is enough to drive you crazy. Even so, you know this is bound to happen at some point in the future. That’s why it’s so important to speak with them about safe driving.

There is no way to prepare your teen for every possible situation, but there are some basic things you can discuss to give them the knowledge necessary to remain as safe as possible.

  • Stick with it: You must have the confidence necessary to stick with your approach, knowing that you have the power to impact your teen’s behavior when driving.
  • Show them how it’s done: If you want your teen to be a safe driver, you need to show them what it means. For example, if you follow the rules of the road while they’re in the car with you, they’ll see how to drive safely. Conversely, if you’re always texting and driving aggressively, they may assume it’s okay to do the same.
  • Talk about potential risks: From nighttime driving to distractions, from drowsy driving to driving under the influence, share as much information with your teen as possible. You want them to be fully aware of the risks that exist.
  • Don’t stop: Even if things are going well, it doesn’t mean you should stop talking to your teen about safe driving. Stay involved, such as by discussing safety risks in the local area, monitoring driving habits and asking questions.
  • Share advice on what to do in an accident: Even if your teen is a safe driver, not everyone follows the rules of the road. Your teen could be involved in an accident, and you want them to know what to do should this happen.

By doing these things, you’ll be more confident in your teen’s ability to remain safe on the road.

If your child is part of a motor vehicle accident, make sure they receive the best possible medical treatment. Also, learn more about the crash, including who was at fault.

The information you collect will help you when filing an insurance claim and deciding if there is any way to hold the other driver responsible for your child’s injuries and damage to the vehicle.

Source used: www.travelers.com/resources/auto/teen-driving/driving-safety-talk-for-teens


Car crashes into house in early morning hours

With the rain pelting down and roads becoming slick, many New York residents may decide to stay in for the evening to stay safe. After all, one does expect to become involved in a motor vehicle accident in the safety of their homes, but a recent accident in the state demonstrates crashes can take place anywhere, even in one’s house.

According to police officers, they were trying to pull over a car for vehicle and traffic violations when the car ran into the front steps of a house in the early morning hours. As a result, the car caught on fire and the driver fled from the scene of the crime. Firefighters managed to quickly put out the fire. An arrest is pending.

Whether one is waking up in the middle of the night to the wailing of sirens rushing to put out a fire that a car has caused after crashing into their house or one’s vehicle has suddenly been struck from behind by a distracted driver, a car accident strains an accident victim emotionally, financially and physically. While holding the negligent person accountable for their actions can provide a certain amount of closure to the victims and their loved ones, this is not possible if the distracted driver cannot be located. However, the negligent driver’s absence does make an accident victim’s injuries any less devastating.

People who have been struck by a hit-and-run driver may think they have no legal options for compensation, but this is not always the case. It might be beneficial to speak to an experienced attorney to learn what legal options one has in the aftermath of one’s accident. Everyone’s circumstances differ, as does the legal path they can pursue.


Get experienced help for compensation for personal injury

When a New York resident is injured due to someone else’s negligence, be it on the road or in a hospital, they most likely are unaware about the long treacherous road they are about to embark upon. Hospital tests and medications begin to pile up, as do costs related to repairing the injured vehicle. At the same time, the person who has been injured is very likely not to be able to return to work temporarily, or even permanently, and this means their source of income might become reduced or ends altogether at the very time they need it the most.

In addition to the physical injuries, the emotional trauma of what one went through can resonate with an accident victim for years to come. He or she can find that they need to go through extensive counseling to put the past behind them, but in many cases this can be a process that takes many years and most people do not have the finances to heal, emotionally and physically.

Even when one decides to pursue a personal injury lawsuit against someone who’s negligence has contributed to their injuries, they do not realize the extent to which they should be prepared and the evidence they should be gathering to present their case. As a result, they may find their valid claims being dismissed.

In instances like this, having an experienced attorney by one’s side can be highly beneficial. But finding a knowledgeable and compassionate attorney is often a task in and of itself, which is where Find Injury Law can be a valuable tool. Lawyers at our firm can set up accident victims with the legal help they need to succeed in a legal claim. For more on personal injury, visit our page.


How does standard of care relate to medical malpractice cases?

If a New York resident suspects they have left a hospital with a worsened condition than what they went into the hospital with, they may find that they have become the victims of medical malpractice. A medical malpractice suit means that a medical professional did not treat their patients with the standard of care owed to them. But it might not be clear to the victim what the term “standard of care” means. Understanding what the standard of care is can go a long way in educating one about what to expect from a medical professional.

The standard of care that is owed to a patient by a medical professional refers to the level of care, skill and expertise that is to be possessed by physicians in a similar community and acting under similar circumstances. What does this mean? It means that if a doctor did not behave in the way that is expected of someone acting in his or her field, that doctor can be held liable for any harm caused. Holding someone to a standard of care means that doctors are expected to act in a way consistent with the expectations of the medical community.

There is a caveat of general or specialized knowledge. For example, a general physician will be expected to have a basic skill and knowledge of treating general or recurring illnesses, and a specialist cannot argue that the general physician should have done what the specialist would have done. Additionally, under the locality rule, a specialist in a private practice in a small town cannot be held to the same standard of care as a specialist in a university teaching hospital with the latest technology.

Even where it might be clear that someone has breached the standard of care owed to a patient, it might be difficult to get one medical professional to testify against another — the threat of medical malpractice often causes the medical community to close ranks. But an experienced attorney knows various strategies to get the ball rolling to get doctors to come forward.