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Archive for personal injury cases

The Top Reasons Why Personal Injury Cases Usually Result In Favorable Verdicts

Posted by David Brown 
· February 23, 2023 

An accident can happen at any time, and it is important for everyone to make sure they hire a personal injury attorney who can fight for their rights and represent their best interests. There are a few reasons why personal injury cases tend to win in court, and a personal injury lawyer can help someone put their case in the best position possible to be successful.

One common reason why personal injury cases tend to result in favorable verdicts is that the injury was not the fault of the plaintiff. For example, someone may have slipped and fallen on a wet floor that was not properly marked. Or, they were hit by a car while crossing the street even though they were in the crosswalk and had looked both ways. If the injury is not the fault of the plaintiff, and they can show that it was not their fault, their case might succeed.

The next reason why personal injury cases tend to succeed is that the plaintiff is able to show who is responsible for their injuries. Even if the plaintiff is not at fault, they need to properly identify the defendant. For example, they might be able to identify who was driving the car that struck them. Or, they might be able to show who was supposed to clean up that wet floor and prevent someone from slipping.

Finally, the plaintiff might have a successful personal injury case if he or she can show that the defendant knew about the danger. If the plaintiff is hit by a falling object, they might be able to show that the defendant knew about the dangers of the falling object and did not do anything to repair the issue. Or, they might be able to show that the defendant knew about the wet floor and did not act in a timely manner or mark the area with a hazard sign.

Ultimately, every personal injury case is different, which is why it is important for people who have suffered a serious injury to work with a personal injury lawyer. Always seek the care of a doctor first. Then, reach out to an attorney who can review the case.

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Personal Injury Claims Are Dropping During the COVID-19 Pandemic: What Does This Mean?

Posted by David Brown 
· July 22, 2021 

The coronavirus pandemic has had an impact on individuals, families, and small businesses all over the world. Every industry of noticing a shift as a result of the pandemic, and this includes the legal field. Prior to the pandemic, personal injury cases were a significant part of the legal industry. Even though they are still important, personal injury cases have been dropping during the coronavirus pandemic. It is important to take a closer look at the reasons why, and understand what this means for the future.

Because of the coronavirus pandemic, people are not leaving their homes as often. They are not going to businesses, they are not driving to work, and they are not running errands around town. As a result, there are fewer situations where an accident might take place. If accidents are not taking place at a high rate, then there are not as many people getting hurt. Even though this is a good thing, it also has an impact on the frequency with which personal injury cases are filed.

So, what does this mean for the future? Unfortunately, the coronavirus pandemic is something that is still very much with us. Even though it is good news that a lot of people are getting vaccinated, it is also true that the virus is mutating quickly. Therefore, as variants continue to spread, some countries may have to lock down a second or third time. If countries have to lock down again, people may not be traveling for the foreseeable future. This could reduce the rate at which accidents take place.

Eventually, countries are going to open back up again. People may continue to work from home; however, some people are going to return to the office. Families are going to run errands around town again, athletic events are going to start, and people are going to visit businesses. Therefore, if someone gets hurt in an accident, it is important to seek medical care as quickly as possible. Then, it may be helpful to speak to a personal injury professional to assess all options available. Everyone deserves to have their rights defended by an experienced legal professional, particularly following a serious injury.

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Can You File a Personal Injury Lawsuit for Marijuana-Related Accident?

Posted by David Brown 
· January 2, 2020 

While the side effects of marijuana usage have always been hotly contested, a nine-month-old baby’s injuries tell a completely different story. On Feb 7, 2020, at approximately 9:30 a.m., a 19-year-old woman was leisurely pushing a stroller through a crosswalk. All of a sudden, 28-year-old Ashley Bowman failed to yield to a pedestrian and plowed her Honda Civic into the stroller, causing it to flip over. Fortunately, the 9-month-old baby only sustained facial injuries.

Following the incident, Bowman briefly spoke to the 19-year-old victim and fled the scene. Ironically, Bowman was driving with her own 6-month-old daughter. She was later apprehended and arrested on three different felony charges:

  • Hit-and-run resulting in injury;
  • Causing bodily injury while driving; and
  • Willful cruelty to a child.

Fleeing the scene of an accident

Based on preliminary reports, Ms. Bowman’s liability is inherently clear because she was operating a motor vehicle under the influence of marijuana and fled the scene. And leaving the scene of an accident is a crime.

However, this scenario isn’t entirely unique. Many motor vehicle crashes and accidents involve a hit-and-run scenario. Typically, suspects choose to flee the scene of the accident because they are concerned about being arrested, are intoxicated, or are driving without a license.

Marijuana Legalization and DUI

In California, the legalization of marijuana has resulted in a spike in accidents, which was the case illustrated by Ashley Bowman’s severely impaired judgment. However, just because marijuana is legal doesn’t mean it’s legal to drive under the influence.

If you’ve been injured due to a driver operating a vehicle under the influence of any type of substance, you may be entitled to receive compensation for your losses. An experienced personal injury attorney can guide you through the process and file a personal injury lawsuit on your behalf. Your attorney will work closely with you to lead an independent investigation of the accident to determine all factors at play.

Should I Take the Settlement Offered by the Insurance Company?

Far too often, insurance companies pressure victims into accepting a quick payout for significantly less than the case is worth. Because of this, it’s always a good idea to speak to an experienced personal injury attorney to ensure you are justly compensated. Your attorney will negotiate with the insurance company on your behalf and advocate for you.

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Common Failure to Diagnose Personal Injury Cases

Posted by David Brown 
· December 17, 2019 

When physicians and other healthcare providers fail to accurately and correctly diagnose a life-threatening medical condition, it can have dangerous consequences. Mistakes and misdiagnoses may leave many patients and their families with no other option but to file a personal injury lawsuit in order to get the financial assistance and compensation they now need. Issues such as a stroke or heart attack can result in permanent disability and death in the event that they are misdiagnosed or not diagnosed in time. There are some conditions that are misdiagnosed more commonly than others.

Pulmonary Embolism: This is a condition caused by a blood clot that obstructs the flow of blood through the lung arteries. This embolism is a serious health issue since the lack of blood flow causes damage to the lung tissue, as well as other organs in the body. Prompt care is essential in order to help with the chances of a successful recovery. The symptoms of a pulmonary embolism are usually confused with other medication conditions, which delays treatment. Patients that do manage to survive a pulmonary embolism after a misdiagnosis usually suffer permanent disability.

Mental Illness and Depression: Mental illness and depression are more common than most people realize and the conditions are hard to correctly diagnose. Those who suffer from mental illness may be more likely to harm others around them or themselves, especially in a situation where an incorrect diagnosis leaves them unable to get proper care and supervision. It’s rare for mental illnesses to pose a direct physical threat to a patient but a psychiatric emergency can still be life-threatening. A healthcare provider that doesn’t have the right experience can miss the signs that a patient can be at risk for violence or self-harm.

Heart Attack or Stroke: Despite their prevalence, heart attacks still go undiagnosed regularly. Confusing symptoms of a stroke or heart attack with another medical condition means that treatment can be delayed until it is too late. Patients may not get the surgical procedure or anti-coagulates that could end up saving their life.

While healthcare providers do everything in their power to accurately diagnose an illness, failing to properly diagnose a condition is one of the leading causes of healthcare providers getting sued for medical malpractice. Those who suffer due to improper care can be entitled to compensation.

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