The Four Legal Elements Of Negligence: Proving At-Fault For Your Injuries
When you file an accident injury claim with an insurance company, you will have to prove fault. In legal speak, fault is the product of “negligence.” Negligence basically means that the actions of another person caused you harm. Whoever is found negligent is responsible for the injury and the subsequent costs associated. To determine fault, the law considers four crucial elements: Duty, breach of duty, cause of damages, and damages. Here is an explanation of these four elements in order to help you understand what you will need to prove negligence.
• Duty: Duty is simply the legal duty owed to you by the defendant in the circumstances. The best way to understand duty is to think about what a responsible person would do in the situation. For example, everyone on the road has a duty to one another to follow traffic laws to help prevent accidents. Property owners to provide a safe place for anyone who is legally on their property. In most accident cases, if you were following the law and were injured, typically the other part did have a... ...read full post
Can You Sue For Bullying?
America is a nation that celebrates achievement, and rewards people for having the strength and tenacity to make their dreams come true. Unfortunately, while this is an ideal goal to put strength towards, sometimes people find it easier to turn their strength on the weak, where there is less resistance, and a less likelihood of competition. We call such people bullies and, for the most part, the majority of bullies and bullying tactics occur at their greatest frequency during the childhood years.
This is not to stay that bullying doesn’t occur among adults, but it is much easier to succeed at bullying in the confines of childhood than it is as a working adult. Few adults, for example, will tolerate anyone simply taking someone else’s meal at a restaurant, or pushing that person out of his or her table and occupying the seat instead. In childhood, however, such activities succeed all the time, everywhere around the nation, including, unfortunately, Florida.
But just because it happens, it doesn’t mean that it is always harmless or always legal.
Bullies Can Be Held Accountable
The clearest legal opportunity to take action is when bullying has resulted in the physical... ...read full post
Proper Signage Is A Legal Matter
Premises liability is one of the more common causes for a civil lawsuit to take place. The simplest definition of premises liability is that a home or business owner has a legal duty to make sure a certain reasonable amount of safety is present in on the property. For a homeowner, this may mean not leaving a fully loaded gun sitting on a coffee table where any child can just pick it up and discharge it. For a business owner, this may mean ensuring that lights are on and functioning as intended in stairwells with no windows, so that people can safely walk up and down them.
What it can also mean is having proper signs up and about throughout a property. But how and why? We’re going to explain that now.
Signage Is Safety
There are some elements of a home, business or workplace that have inherent, unavoidable risk. When those risks are present, property owners must take the appropriate measures to warn people about them. If the public inadvertently get harmed as a result of not knowing a hazard is present, then it is the property... ...read full post
Even A Fall Can Injure Your Spinal Cord
An injury to the spinal cord is often a life-altering experience in the worst way. Because the spinal cord itself is just a “bundle” of different nerves that carry signals to and from the brain, injuring this part of your body can permanently cripple you in a variety of ways.
It’s not too surprising that the forces of something as dramatic as a vehicular accident could cause serious injuries in the spine. In fact, automobile accidents are cited—at least in America—as the #1 cause of spinal cord injuries, or SCI in recent years. However, the #2 cause may be quite surprising. Where one can easily imagine serious back damage and SCI from being caught in a traffic collision that mangles the vehicle and the person inside, a much more common slip, trip or fall isn’t regarded as being quite as deadly.
And yet, incredibly, slips and falls actually are the #2 cause of SCI in America? But how? And why?
The Age Factor
As disturbing as it may be to consider, this #2 threat most commonly happens to older demographics, and it can happen anywhere. As people age,... ...read full post
Punitive Damages Are A Jury Decision
While not every state entertains the notions of punitive damages, Florida does. In fact, Florida had one of the highest profile cases of punitive damage ever in 2014, with the $23.6 billion dollars brought against tobacco manufacturer RJ Reynolds when a widow sued the cigarette company for the death of her chain smoking husband. More surprisingly, however, is that this widow was part of a class action lawsuit against the tobacco industry that, in 2000, successfully sued for over $145 billion before the case was eventually rejected!
While these are extremely rare occurrences, it does show that when punitive damages are added onto a lawsuit, the results can be grandiose and spectacular. But punitive damages aren’t something occur regularly, nor is this something that an attorney can go into court with strong expectations of convincing a jury. But why?
Gross Negligence Must Be Present
One of the key factors in punitive damages even being seen as a legitimate option for a court to decide on is the presence of gross negligence. In the vast majority of cases, when someone sues for personal injury, the amount being sought is strictly to compensate... ...read full post