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


Personal injury and death can come from construction accidents

In Brooklyn and throughout New York, construction is a part of daily life. There are always buildings being erected and maintenance and repairs are being done. This is a boon to the economy and provides jobs to skilled workers, whether they work directly for a construction company or are contractors. However, the benefits do not eliminate the dangers faced by people who do this type of physical labor. Accidents can happen in the blink of an eye, whether it is due to a company mishap or employee negligence. When there is an accident and workers suffer personal injury or death, understanding the next step is critical when seeking compensation in a lawsuit.

According to a recent report, a man working construction died when sheet metal fell from above and hit him. The man and three members of his family – a son and two brothers – were working on the site. The 44-year-old was declared dead at the site. A condominium is being constructed and the sheet metal crashed down as a forklift was hoisting it. The machine, operated manually, tipped over. It is unknown if the person who was working the forklift was licensed to do so. The construction site is being investigated by inspectors for the city. Work has stopped for the time being. The man who died is believed to have been working for a subcontractor on the project.

Construction work is rewarding, but is can be dangerous. There is heavy equipment, workers are stationed at great heights, the weather can be problematic and an immense level of trust is put in others to make sure everything is done safely. When falling objects fall from above, there is little for people below to do. When they are hit, it can cause severe personal injury with accompanying medical expenses and lost time at work, if they are lucky enough to survive. When there is a fatality, the family will have a great many issues to consider as they seek to move forward. With funeral expenses, lost wages and lost contributions, a legal filing is frequently the only method to be adequately compensated.

For those consider a personal injury case after losing a loved one in a construction accident, getting the right information about construction accident law is crucial.


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?


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.


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.


Where do you go if someone else injures you?

One instant a New York
resident is likely driving down the road or entering a store, going
about their business with no more than the usual concerns on their mind.
The next instant, a personal injury, through either a car accident, a
slip and fall on someone else's property or a medical mistake, can
potentially plunge an accident victim's life into turmoil and
uncertainty. No one actually plans to get hurt, which is why one usually
doesn't have a financial or emotional plan in place.

As medical
bills pile up and accident victims unable to work because of the
injuries they sustained in the accident, New York victims may find
themselves uncertain about how to proceed, if at all. However, there a
number of legal options that can be exercised to recover the finances
necessary to make ends meet and cover medical expenses that were caused
by someone else's negligence. The question that then arises is who will
help recover that compensation?

Without any experience in the
legal field, which not many have, people may not know which professional
to turn to in order get reliable and experienced legal help. The Find
Injury Law Firm does just that-it gets accident victims in touch with
the law firm that would be best suited to deal with their specific type
of injury and to help them in their unique circumstances.

The founding attorney, with his 30 years of experience, has an in-depth knowledge of personal injury law and uses it for the benefit of his clients. No two injuries are the same, no two experiences are the same and thus no two solutions should be the same. For more on personal injury, visit our website.


Dog bite laws in New York

Dogs may be man's best friend but there are times when man's best friend turns on him or her as well. When a dog bites someone, the dog owner may become liable for the injuries that have been caused to the victim, depending both on the laws of the state and on the danger level of the dog in question.

There are two approaches states
take-strict liability or one bite rule. Strict liability means that the
owner is responsible for all harm that a dog causes, regardless of
whether they think the dog was dangerous or not. The one-bite rule means
that if the owner had no knowledge that the dog was dangerous, he or
she will not be held liable for harm caused. New York is a mixed state
in this regard-it applies both these approaches.

When it comes to
a dangerous animal, which could be an animal that has injured or
attacked someone or an animal that behaves in a manner that would cause a
reasonable person to think the dog is dangerous, then strict liability
arises. This means that owners of any pets or livestock would become
liable for any harm caused by that animal. If the dog is not dangerous,
then liability may not arise unless it can be shown that the dog was not
leashed properly or was not kept in a secure location.

It is possible to get both economic and noneconomic damages from the owner of the dog or animal that has caused personal injury to someone in New York. Getting bitten by an animal, especially by a dog, can be an incredibly traumatic experience for an individual, in addition to a painful one. Speaking to an experienced attorney may be one way to explore legal options available after someone has been bitten.


What to look for in a personal injury attorney

If you are injured in an
accident, there may come a time when you want to learn more about your
legal rights. While you can do some research on your own, there's no
replacement for consulting with an experienced personal injury attorney.

With
the right legal team on your side, you'll better understand your
rights, how to proceed and what you can expect from your case.

Since
there may be many personal injury attorneys willing to take on your
case, it's imperative to know what to look for when making a final
decision. Here are five details to consider:

  • Knowledge and experience:
    There is no replacement for knowledge and experience, so you want to
    consult with a personal injury attorney who has had success with your
    type of case in the past.
  • Contingency fee: You
    should only work with a personal injury attorney who will take on your
    case for a contingency fee. This means that you only pay if the attorney
    wins your case.
  • Investigative team: While
    it's important to find an experienced personal injury attorney, learn
    more about their team as well. For example, a good investigative team
    can be the difference between winning and losing your case.
  • Objectivity:
    You want your attorney to be on your side, but, at the same time, you
    expect honesty. An objective attorney is one who will listen to the
    details of your case, provide honest feedback and give you clear
    direction as to what you can and can't do.
  • Track record of success:
    You don't want to hire a personal injury attorney who hasn't had much
    success in the past. Instead, find someone who has reached many
    settlements and won cases through jury verdicts. You'll feel much better
    about your ability to obtain compensation when you hire an attorney
    with a strong track record.

These may not be the only things
to look for in a personal injury attorney, but focusing on these
details will ensure that you're on the right track.

There are many reasons to hire a personal injury attorney, such as if you were injured in a car crash or construction site accident. Once you make a connection, let your legal team take over and do what's best for you.


Spare tire flies off truck, causing fatal accident

A truck driver may be behind the wheel when an accident takes place but not all situations are under their control. When the accident is not caused by negligence but rather with the vehicle's maintenance, then the trucking company may also be responsible for the injuries and destruction caused. It is the company's duty to ensure that the truck driver not only drives responsibly but is also given a vehicle that is properly maintained.

When a truck is not driven or maintained properly, it could be equal to a deadly weapon. Its mass and weight make it a force to be reckoned with if it is not driven correctly. It doesn't help that the majority of other vehicles on the road are passenger vehicles that can be crushed under the truck's size. A recent fatal accident in New York may highlight this discrepancy.

A 64-year-old civilian employee of the city's police department was killed in an accident on a local freeway recently. He was driving in the early morning hours when the spare tire of a garbage truck going in the opposite direction suddenly became unhinged. It flew over the median, hit and smashed the windshield of the car driven by the 64-year-old, causing it to collide into the divider. The accident victim suffered severe head trauma and was pronounced dead at the hospital.

If you or a loved one have been injured in an accident caused by another driver, you may be able to recover compensation for your injuries. A personal injury attorney should be able to discuss options with those who are looking for compensation for their injuries.


Help for victims of car accidents

Knowing what damages victims may be able to claim following a car accident is useful to help them through the recovery process. In addition to damages for medical expenses, damages for lost wages, lost earning capacity and pain and suffering damages may be available to injured victims through a personal injury claim for damages.

Personal injury damages can help victims navigate the recovery process. Victims of car accidents may suffer a wide range of damages from cuts, bruises and broken bones to more catastrophic injuries including brain injuries, paralysis and other potentially disabling injuries. Victims who are unable to work as a result of the injuries suffered in a car accident, or while they are recovering from their injuries, may be able to recover damages for lost wages and lost earning capacity.

Victims may also be able to recover compensation for medical expenses including ambulance fees; consultation with healthcare professionals; medical accessories such as crutches or other accessories; disability or disfigurement; physical or cognitive therapy; and in-home care services. It is important to take into account medical expenses the victim has incurred as well as future medical care costs they may incur.

Personal injury legal resources are available to help protect victims when they have been injured by the negligence of another party. Car accident victims may be able to recover compensation for their physical, financial and emotional damages and should be familiar with the damages that may be available to them through a personal injury claim when they have suffered harm in a car accident.