Is There A Difference Between Negligence & Recklessness?
In typical cases where a personal injury lawsuit is pursued, it is because someone else is responsible for the injuries of another party, and negligence is usually the cause. It’s for this reason that negligence is also the word often used when taking a case to court, officially citing negligence as the reason that someone else unnecessarily received injuries.
But in some cases, there may be an additional, or even completely different charge of recklessness, such as reckless driving. But what is the difference between these two accusations? Is there a difference? Or are these interchangeable terms, and someone taken to court for recklessness is identical in severity and end result as someone going to court for negligence? We’ll take a closer look.
The Distinction Of Intent
The truth of the matter is, from a judge and jury’s point of view, there actually is a difference, and it is a very important one. What separates negligence from recklessness is the intent of the person committing the act. In many ways, negligence is considered the less “serious” of the two, though both can have very severe consequences, up... ...read full post
Punitive Damages: An Exception, Not The Rule
No one is expected to closely follow the results of every personal injury case, except, of course, for an experienced personal injury lawyer. This is why it’s understandable that the general public would only be familiar with the very “high profile” cases that garner a lot of media attention.
However, basing your legal expectations only on what you see from high profile cases can be quite misleading. A common misconception, for example, is that people that take a personal injury case to court may be rewarded with damages numbering in the millions of dollars. The truth of the matter, however, is very different from what one regularly sees in the media. When people see, hear or read on the news about civil lawsuits with incredibly high amounts, this is normally the result of punitive damages. So what makes punitive damages so exceptional?
Compensation Is More Important
In the normal run of things, what a personal injury lawyer and a civil lawsuit will do is ensure that wrongly injured parties get the compensation they are due. Usually, this means the cost of medical treatment, and/or wages that may have... ...read full post
Defining Negligence In Premises Liability
A premises liability is a type of civil lawsuit where a person, or people, are injured on someone else’s property, and the owner of the property is somehow responsible. If you find yourself in a situation where you have an injury that can require substantial medical treatment, such as slipping and falling on the floor, or even suffering a broken limb due to riding on a defective amusement attraction, it’s unfair to expect that you should also bear the financial burden of paying for medical treatment that isn’t even your fault. If your injury leaves you unable to work while you recover, or even makes it impossible for you to return to your old job, then your long term future and finances have become jeopardized as well.
However, you can’t just go to the person or company that may be responsible and ask them, directly, for financial compensation. In most cases, the companies will be unwilling to do so simply on request, and even in rare occasions when they are, there is still a matter of making such a transaction legal and on record in order to make... ...read full post
Leaving An Accident Scene Has Consequences
For most people, there’s little doubt about what to do in the event of a car accident, especially once the panic has worn off, and reason reasserts itself. If you find yourself in a vehicular accident, especially if you are unharmed, and your vehicle is still mobile, you should assess the situation, see if anyone else needs help, then exchange information with the other party, if possible, and call the police to report the incident.
Even if you are involved in an accident where there is no one present, such as knocking over someone’s gate or mailbox at the front of their house, or denting someone’s fender at a parking lot while parking or leaving a parking space, you should exercise responsibility. You should leave notification and contact details with the party that has suffered property damage and, if the damage is over $500, you are still legally required to report the accident.
But what if you don’t do this? What if, while pulling your car out of a parallel parking space, you graze a car and make a minor scrape to the paint that doesn’t even damage... ...read full post
How To Talk To An Insurance Adjuster After A Car Accident
After you’ve been injured in a car accident, you will be contacted by an insurance adjuster. Whether the insurance adjuster is from your insurance company or the other party’s, it is important you understand they are not trying to help you. Insurance companies are in the business of making money. In order to make money, they are going to try to pay the least amount possible they can after an injury accident. To do this, many insurance adjusters employ tactics to trick people into saying things that work against this case. We have seen insurance companies use our client’s own words against them to deny a claim or pay less than what they owe.
Before talking to any insurance adjuster, it is vital you know how to avoid these tactics. Here are our expert legal tips on how to talk to an insurance adjusters:
Get The Insurance Adjuster’s Information
First and foremost, get the name, contact, and company information from anyone who contacts you. You will need to keep a detailed record of every interaction with any insurance company. This information will be critical... ...read full post