A lot of things that come up in life depend on timing. Getting the right job might be a matter of meeting a corporate executive at the right time and place, finding the love of your life may depend on when and where you spend your free time, and knowing when the time is right to take legal action when you have been wronged also contains an element of timing. For a personal injury case, this issue of timing has already reared its head once; when the accident happened. No one can predict when and where a wreck will happen, and no one knows this better than someone who has been the victim of an accident. Sometimes the difference in leaving home five minutes earlier or five minutes later may have meant avoiding the accident all together. So, if …show more content…
In most cases, the first step is to contact an attorney for a thorough review of the facts of your case, and then present the evidence to the insurance adjuster handling the claim. If the adjuster is unwilling to recognize the full extent of your injuries and make a reasonable offer of compensation, you are well within your rights to file a lawsuit. Some things to consider when filing a case include:
● The extent of your injuries, and likelihood of making a full and complete recovery.
● The strength of your witnesses, including the information they’ve provided in a statement or their credibility if they had to appear in Court.
● The content of the police report, and whether it clearly demonstrates the other party was at fault.
There is no hard and fast rule to rely upon when deciding the timing of filing a lawsuit, but as long as you file within the legal time limit to do so, you will have made a good choice. Our focus is on helping people obtain a full and fair compensation for injuries caused by the negligence of others, and we are here to help you too. Call us today for more information, for a review of your case, and to get the answers to your most important
“In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence”(Burt, M.A., & Skarin, G.D. (2011). In consideration of this, the defendant argues that the second foundation of this principle should be solely based on common knowledge of the situation. Although, there is a experts testimony tartar is no basis in this case , in the experts testimony or anything else, for indicating that the plaintiffs injury resulted from the negligence of the defendant. The court correctly found the defendant not liable under the Res ipsa
A series of events unfolded when George, running late for class, parked his car on a steep section on Arbutus drive and failed to remember to set the parking brake. The outcome of not remembering to set the parking brake caused many issues resulting in scrapping a Prius, breaking through fencing, people on the train sustaining injuries, and finally a truck that jack-knifed and caused a 42-car pileup. Could the parties that were injured, from George’s actions, be recovered from under the negligence theory? To understand if George is negligent, it is best to look at the legal issue, the required elements of negligence, the definition and explanation of each element of the case, and finally to draw a conclusion to determine if George is negligent.
This trend began to ebb with MacPherson v. Buick Motor Co., and the ruling by an appellate court that favored MacPherson, the plaintiff. This case, however, was more a result of political expediency than a reasoned verdict based on fact. In this case, the plaintiff argued that his 1911 Baby Buick had a defective wheel that collapsed while traveling at a low rate of speed, hitting a telephone pole, and pinning him under, breaking his wrist and cracking several ribs; however, the facts of the trial revealed that the accident as it was recounted by the plaintiff was a physical impossibility, but due to the increasing pressures to dispense with privity rulings, the court imposed on the defendant the responsibility of inspecting and discarding defective wheels, implying causal negligence even though the plaintiff had driven the vehicle for more than a year in less than perfect road conditions without a mishap. (MacPherson Tort Story; MacPherson v. Buick Motor Company: Simplifying the Facts While Reshaping the Law, Pg.
It is unfortunate that accidents that result in injuries are a part of life. Further more it is also unfortunate that often the party responsible for said accident do not feel compelled to offer compensation to the party affected. However in spite of this, there is still hope for the injured party thanks to personal injury lawyers. They are tasked with representing their clients who suffered from these events while making sure that their clients receive the compensation that they deserve. Ultimately personal injury lawyers play a big role with regards to safety initiatives by helping those injured, which is something that we all should aspire to do.
In the civil suit against Firefighter Johnson and the Portage Fire District, the prosecution was charged with providing evidence that negligence by both parties had contributed to the death of Ian Huffman and the attempted homicide of Olivia Duty. Prosecutors allege “Mr. Johnson was driving his personal vehicle as fast as 98 mph on State Rt. 19 on his way to the fire station in Oak Harbor just seconds before he crashed into the rear of Ms. Duty's car at Portage River South Road” (Feehan, 2012, para. 6). The posted speed limit on Portage River South Road was 55 mph at the time of the accident (Curt, 2012). The defense alleges that Firefighter Johnson was using his lights and sirens and that Ian Huffman was not wearing a seatbelt at the...
If the victim is injured, or suffered physical or emotional distress, they have the right to sue in civil court, where you may be ordered to pay monetary damages such as medical bills, compensation for the victim’s lost days at work, and even money for the pain and suffering caused to the victim.
A judge or jury may decide that the family is not entitled to as large a settlement if the responsible party could not have anticipated what happened. The evidence could also show that the deceased was negligent in some way and contributed to the cause of the accident.
A civil and criminal case can definitely arise from a common incident. Since Simon has filed a case against Michael for his personal injuries and the property damage due to his negligent driving, the government is not brining the suit. In this case, Simon will bring civil suit stating damage he has incurred for the harm. Simon will likely argue for the injury he has suffered, damage of cars and the bills for repair as well as medical bills and damage done for not attending office that caused loss of wages, emotional stress and other charges. All these charges will be determined by the jury when each side will present their situation and testimony and arguments.
If your injury was bad enough to call an ambulance, you'll have documentation from the paramedics and hospital to bolster your case too.
If you are injured in a hit and run accident, you may be able to receive compensation for your damages from your own automobile insurance company. The compensation you are entitled to receive may depend on the coverage you purchased. The first step is consulted with one of our Baton Rouge hit and run accident attorneys. Our attorney will review your automobile insurance policy to determine your available coverage and explain your legal options to recover damages for your injuries, losses, and
A few months ago, I was involved in my first car accident. I think it's pretty remarkable that this was my first accident, considering that I've been driving for almost thirty years. The accident itself was pretty traumatic. I was at a complete stop behind two cars that were turning left, when a large van traveling at about thirty-five mph rear-ended my car. I was fortunate to escape with only some large bruises and a very sore knee; however, the car didn't fare quite as well. What was more amazing than the accident itself were the actions of the young man who ran into my car. Instead of taking responsibility for his actions, he lied to the police and to his insurance company about the events that took place. His version was that he was driving behind me when I ran into the car in front of me, then bounced back into his van. Perhaps if he'd had more time he might have been able to concoct a more credible story, one that actually made sense. In the end, the police and his insurance company saw through his lies and everything was taken care of. But in the meantime, my car was towed away and I was left with no car. What's amazing to me is that he never got out of his van to see if anyone was injured, and he never apologized for smashing two cars and causing me the inconvenience of being without a car for five weeks while the damage was repaired.
If you are the injured party of a crime, report it to the police. and they have the duty to investigate. They arrest and charge the suspect. I am not a suspect. In most cases, if a charge has been properly laid and if.
In our given scenario we are asked to discuss legal principles influencing the likelihood of any successful action against Steve in the grounds of negligence. Steve’s negligent driving caused a series of events that caused losses to the other people presented in the scenario and they take actions against Steve in the grounds of negligence. At first we must understand what negligence is. The tort of negligence provides the potenti...
According to Heath, there are three ways for civilians to file a complaint on law enforcer brutality or misconduct. The ways include; internal complaints, criminal complaints and civil suits. Citizens are entitled to use any of these avenues to report the brutality. In the instance of injured citizens, they are mandated to file a lawsuit in the form of tort. Tort laws allow civilians to receive compensation for the damages incurred because of the action by an officer. This form of claim under civil suits is where the plaintiff is habitually awarded compensation in damages in the form of money. However, liability of damages by law enforcers on a state tort suit entirely depends on the immunities formed by the state law.