Personal Injury Law Blogs

Dealing with motorcycle accidents

Guest personal injury blog post from Orbis Solicitors. Based in Lancashire they have extensive experience of motorcycle accident cases. Their motorcycle team is run by bikers, for bikers and they are big supporters of motorcycling events across the region. They can also offer advice in employment law, professional negligence and debt recovery cases.

Road accidents often have the most serious consequences when a motorcycle is involved. Riders and their pillions are more exposed than car drivers and they travel much faster than cyclists and pedestrians; all of which increases the risk of severe injury.

Department for Transport statistics show there were 5,609 motorcycle accidents which resulted in a serious injury or fatality in 2011. These could include brain damage, spinal injuries or amputation. There were more of these cases among the 20-29 age group than any other, but incidents of this nature affected all ages.

A further study also indicates that you were over 70 times more likely to be killed or seriously injured on a motorbike than you were in a car in 2011, but as any specialist motorcycle accident solicitor will tell you, this is frequently not the fault of the rider and you or your family may well be due significant compensation if you are involved in an accident.

Disputed liability

As in most cases where there is fault (liability) to be decided; motorcycle accident claims tend to rest on disputed liability, namely who is to blame for the accident.

This could be another driver, but it can just as easily be a defect in the road that has caused the accident, such as a pothole. In these cases, whoever is in charge of maintaining that road may be liable for your injury.

What to expect from your personal injury solicitor

During the course of recovering your compensation, you can expect your solicitor to help you get access to the best medical attention and rehabilitation you need. In most instances, it is vital that you receive appropriate care straight away and a good personal injury solicitor will ensure this happens early on in your case rather than waiting until compensation has been agreed or the case is concluded. This means that wherever possible, you will get back to your pre-accident life and back on the road as quickly as possible.

Cases such as this can often become complicated affairs, particularly if a vehicle involved is uninsured or you are involved in a hit and run incident, but if you find a solicitor you can trust you should get all the practical support and specialist legal advice you will need.

Absolutely Vital for California Bicyclists: Uninsured and Underinsured Motorist Coverage

In the last week—like nearly every week in California—there have been several deadly accidents that involved collisions between bicyclists and automobiles. On September 28 in Novato, a twelve year old girl was struck by a Sport Utility Vehicle as she rode her bike through her Northern California neighborhood. The helmet she wore was little help against the massive vehicle. The little girl was pronounced dead shortly after arriving at the hospital. In another incident, a respected doctor in San Luis Obispo was killed after colliding with a truck while riding his bike. And finally, a 35 year-old man was killed when a car crashed into him on his bicycle in the idyllic community of San Diego County’s Valley Center. This is only one week in the state. Unfortunately, these types of tragic incidents happen on a weekly basis throughout California.

Rarely is a car and bicycle accident minor. Though many of the same laws apply to bicyclists and motor vehicles, the modes of travel are far from similar. Hundreds of people are involved in these accidents each year throughout California while they ride their bikes: wrongful death; serious head and spine injuries; lacerations and broken bones; life-long paralysis; mental incapacitation. These are all common when bikes and cars collide. For the distinct possibility where long-term medical care is needed after a bicycle crash involving a motor vehicle, a bicyclist must be sure that they carry Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage.

Since a bike accident can cause such serious injuries when an automobile is involved, there is a high likelihood that the car driver will not have adequate insurance to cover the medical costs incurred. Furthermore, California has countless people who drive without any insurance at all despite the legal requirement to have it. Cyclists are encouraged to carry UM and UIM insurance on their cars because the coverage will also protect them on their bikes and other modes of travel; walking, driving a motorcycle or bicycle: UM and UIM offers financial support if the driver of the vehicle involved is at fault and does not have adequate insurance.

Motorists throughout California risk punishment for not having insurance. If such a person causes an accident with a bicyclist, the cyclist may have an incredibly difficult time recovering compensation for medical care and lost wages. California insurance companies are required to offer UM and UIM coverage. Most insured drivers in California—unless they sign a waiver—have UIM insurance coverage. But as with all policies, the amount of coverage can vary greatly.

In California, drivers are typically entitled to protection with uninsured and underinsured motorists in the same amount of liability coverage that they have. Thus, if a driver has $100, 000 of liability protection, they may likely have $100, 000 of UIM coverage. To get this level of coverage is a bit more expensive than the legally required amount of California auto insurance. The least expensive UM and UIM insurance plans include $30, 000 for each injured person and $60,000.00 for multiple injured people in the same accident that involve uninsured or underinsured motorists.

To get even less than the minimum amount of UM and UIM, the motorist must ask for a special provision when they purchase car insurance. In such cases, a driver can get $15, 000 for each injured person and $30, 000 per accident of UM and UIM insurance. Clearly this is far from enough coverage if a bicyclist is injured by a vehicle operator that does not have insurance or is underinsured. Serious head or spinal trauma; mental and physical disabilities; lost wages and round the clock medical care: several thousand dollars will not be adequate to cover such costs. Even if a negligent driver does have some insurance, it will almost certainly not be adequate for a car and bicycle crash.

For many California drivers, they want to abide by the law and save money; they purchase the bare minimum insurance. They may believe that the chances of accident are so slim that they need only the legally required amount of insurance. This is why bicyclists must carry formidable Underinsured Motorist coverage. The chances of being struck by a reckless or negligent car or truck driver in California are high. The chances that the driver will have inadequate auto insurance are equally high.

For California bicyclists, UM and UIM protection is vital. Bicyclists should budget to have the maximum amount of coverage available. If you ride a bicycle or motorcycle, having UM and UIM can make a massive difference to your long-term health care if an unfortunate incident befalls you. There are so many variables that a bicyclist cannot control on a California roadway. The amount of insurance coverage is one of the few things that can be controlled. Wearing a helmet and being extremely cautious are also up to the cyclist. But such precautions are not enough; even the most careful, expert and heavily armored riders may sustain catastrophic injuries. When the stakes are so high, the extra cost for extensive UM and UIM is well-worth the cost.

For a detailed description of UM and UIM and their relation to California bicyclists, contact a trusted insurance industry representative or a lawyer who has a particular focus on this area of the law.

This article was written by Adam Abel on behalf of the Los Angeles law firm of Lederer & Nojima, LLP.

 

Are You at Risk of Injury from a Hail Storm?

Hail Storm July 2006 VViolent weather can happen almost anywhere, and perhaps there’s no weather element that’s more dangerous than hail. Hail stones come in sizes that range from as small as a pea to as large as a baseball, and even a short hail storm can lead to physical injuries, property damage and more.

Physical Injuries from Hail

If you are outside during a hail storm, be careful – you may be at risk for severe injuries. While most hail is small, it is not the size that can cause injuries. The concern with smaller pieces of hail is that they arrive in large numbers, essentially raining down sheets of hard ice chunks. If you are unfortunate enough to be caught outdoors in a hail storm, you may end up with cuts, bruises and even broken bones. Additionally, hail can pose a threat to your eyes if you are not wearing vision protection.

Structural Damage Leads to Injuries

While hail can cause physical damage to the body, that is not the only danger. In fact, hail can damage structures, such as homes or businesses, leading to unsafe conditions and the further possibility for injury. When hail damages a structure’s roofing, small cracks and leaks can begin occurring, often leading to larger ones as time goes by. Once water has had a chance to infiltrate a structure’s wood foundations, rot can set in and cause the entire structure to be at risk of a collapse. Many times, hail creates such a small amount of damage during the actual storm that homeowners and business owners do not even realize the potential for future damage exists until it’s too late. This is when you run the risk of being denied insurance claims as a result of such damage.

Our Phoenix hail damage attorney warns that insurance companies may deem that the damage to your home or business was pre-existing before the hail storm ever took place. If your property was damaged and you or someone else was injured as a result, contacting an experience attorney can help you resolve all of these issues.

Other Concerns

Hail can also cause injuries in other ways, including making the ground slippery. Hail stones on roadways and walkways can lead to dangerous slips and falls as well as vehicle accidents. Slips and falls that occur as a result of hail stones being on a walkway can lead to severe trauma, including internal organ damage, brain damage and more. Additionally, if you are driving on a roadway that has hail stones on it, your vehicle’s tires may not be able to grip the road, and at that point, your steering will become useless. Because of the loss of driver control, vehicles involved in hail-related accidents often suffer extensive damage.

Editor’s additional notations – for a list of some of the Best Car Accident Lawyers in Phoenix click here – this may be helpful in addition to the other points from this post.

If You Have Been Injured

If you have suffered injuries because of hail and your injuries could have been prevented by someone else, you may be entitled to compensation from that person or entity. To find out more information on how you can seek out that compensation, most people recommend contacting a personal injury lawyer. A personal injury lawyer can examine the specifics of your case and injuries, and he or she can then recommend a course of action to remedy the situation. If needed, a personal injury lawyer can also file a lawsuit on your behalf to seek out compensation, and he or she can also represent your interests in court.

Finally, in order to protect yourself from hail-related injuries, it’s important to always stay indoors during hailstorms. If you are unable to be indoors, try to find a shelter while the hail is coming down, but never stand under a tree if lightning is present during the storm. If you are in your vehicle, find a safe place to pull over, and never drive over roads that have been heavily affected by hail.

Karla M. Somers is a legal researcher and writer with a background in conflict resolution. She is a contributing author for the law offices of Doyle Raizner, a well-known Phoenix hail damage attorney firm. This experienced legal team can help you with everything from personal injury to insurance law, workplace injury, maritime accidents and international injury.

Factors to remember while filing compensation if you face truck accident

It has been seen that injury received in a truck accident is quite crucial as compare to the injury received from a car accident. Have you faced such type of accident recently? If so, take few immediate steps so that you get compensation for the injury you have received. Most of the time, in such type of accidents, the driver of the truck is often blamed for causing the accident. However, the actual person responsible for the accident may be the owner of the truck. Hence, being the victim of such type of accident take few immediate steps. These steps will help in determining the individual responsible for the incident.

What are those immediate steps?

Do you know about the immediate steps which can help you to get compensation easily? If not, take a look into the following points to know about such factors in details:-

  • Get in touch with an attorney as soon as possible – After facing a truck accident, your immediate step should be to take medical treatment as soon as possible. Once it is done, get in touch with an attorney that can provide you professional truck accident law services. Otherwise, the evidences related to the case may get tampered or damaged. In Houston, truck accident lawyers are quite experienced enough in handling such type of case successfully.
  • The lawyer should know about the rules in details – The lawyer you appoint for legal assistance should be quite competent about the various legal norms that are attached with such cases. In fact, the appointed lawyer should be capable enough to explain you about these legal obligations in details.
  • Should file a lawsuit as soon as possible – Instead of waiting for you to recover from the injury, your attorney should file a lawsuit for compensation as soon as possible.
  • Appointed attorney should search for evidence – The lawyer you hire for legal assistance should be competent enough to collect as much evidence as possible to win the case in your favor. A reputable law firm like HawkLaw handling truck accident cases can help you get the proper compensation for your injuries.
  • Keep the medical documents along with you – After receiving the injury, you must have taken medical assistance. To get medical assistance means you might have to go through medical treatment. However, there must be few documents that will tell about medical treatment that you have taken. These details should be provided so that your appointed lawyers add these details while placing the lawsuit for compensation.

Considering these factors can actually help you in gaining the deserved compensation amount from the truck owner. In fact, taking these steps can help you to receive the compensation as early as possible.

Carnival Cruise Lines Sued over Shipwreck in Italy

Passengers of the Costa Concordia and businesses affected when the Carnival cruise ship ran aground have sued the Miami-based Carnival Corporation, seeking millions of dollars in damages.

Plaintiffs Believe Carnival is Responsible

Investigators believe that the Costa Concordia struck a reef while passing Giglio Island, an island off of Italy’s Tuscan coast. The island is part of a European marine sanctuary. The accident resulted in 32 deaths. Evidence suggests that the cruise ship was sailing too close to the island.

Carnival is the world’s largest cruise line. According to the plaintiffs’ lawsuits, Carnival is the parent company of Costa, the cruise ship operator. Therefore, Carnival is ultimately responsible for the recklessness, negligence or safety violations that may have contributed to the accident that occurred on January 13. The Costa Concordia was carrying 4,229 passengers at the time of the crash.

Edward Ricci filed a lawsuit on behalf of the Giglio Island businesses which were affected by the incident. He claims that the accident has deterred visitors to the popular tourist destination. Further, the accident polluted the environmentally sensitive coastline and has diminished property values.

Although the Costa subsidiary is based in Italy, Ricci argues that, as a Carnival brand, Costa is technically run by the Miami-based Carnival Corporation. Following the incident, Carnival conducted a massive audit of its safety practices.

According to Ricci, the crash could have been prevented by implementing more stringent training of officers, promoting safer operation of the cruise ships and ceasing the practice of sailing dangerously close to shorelines.

At least four other related lawsuits have been filed in federal and state courts. One lawsuit represents 155 passengers from 14 countries.

The ship’s captain, Francesco Schettino, is currently being investigated on charges of manslaughter and failing to communicate with maritime authorities. He is also suspected of abandoning ship. A hearing on these charges is scheduled to take place in an Italian court on October 15.

 Carnival Insists Costa is Separate Company

In court documents filed by Carnival, the cruise company insists that the Costa line is a separate corporate entity. Therefore, Carnival alleges, any lawsuits related to the crash should be filed in Italy, where Costa is based. Carnival’s lawyers insist that the company does not manage the day-to-day activities of Costa. Further, when the passengers purchased their tickets, they agreed to a “forum clause,” which specified that any legal action against the company must be pursued in Italy.

The question of ownership and management of Costa is unclear. Costa is a subsidiary of a Carnival plc, which is based in London. The London-based company seems to be separate from the Miami-based company, but they share the same top executives and board of directors. The two Carnival companies also work together as a “single economic enterprise,” according to court documents. A company named Costa Cruise Lines, Inc. is based in Hollywood, Florida and released statements following the accident.

A Carnival representative stated that the company will not offer further comment due to the pending litigation.

The ship is still located off the coast of Giglio, although Italian officials believe that the wreckage can be cleared in the spring. Although the wreckage has had a negative impact on local hotels, there has been an increase in the number tourists taking day trips to view the overturned ship. Some local companies are capitalizing on this “disaster tourism” by offering boat tours to get a closer view of the wreckage.

 

This article was written by Carrie Green on behalf of SanMateoDUILaw.com. Accidents causing injuries are a serious matter, and victims should seek compensation.

Is Personal Injury Compensation Considered in Divorce Settlements?

According to a family law attorney, during the process of virtually all divorces, both spouses will need to decide upon how any shared assets will be divided. In most cases, shared property includes assets such as houses, vehicles and any minor children, but what many divorcing spouses don’t know is that personal injury compensation may also need to be divided, even if it was only awarded to one spouse. If you have already tried marriage therapy to fix your marriage and are still currently going through a divorce, then consider contacting professional help from a legal separation attorney.

Who Owns the Compensation Award?

In order to determine whether a personal injury compensation award needs to be divided or not, it will first need to be determined who owns the award. In some states, shared assets that one or both spouses obtained during the course of a marriage are considered community property. Our divorce attorney Orlando contact explains that this means that even if only one spouse was awarded personal injury compensation during the marriage, his or her spouse may still be entitled to a portion of the award during a divorce. If the spouse received the award before entering into the marriage, his or her spouse may have a harder time trying to receive a portion of the award.

Mixed Property

According to a divorce lawyer depending upon the state in which the divorce is taking place, some property may also be considered mixed property. Mixed property is the term that is used when one spouse brought an asset into a marriage, but the asset then became the property of both spouses. An example of this may be where a husband receives a personal injury structured settlement before becoming married. During the marriage, both the husband and the wife lose their jobs and they both rely upon the husband’s settlement to survive. If the couple divorces, the wife may be entitled to a portion of the personal injury structured settlement, even though it was initially not considered community property.

Marital Arrangements

In some cases, a prenuptial or post-nuptial agreement is put in place to clearly spell out exactly who will receive what assets if the marriage is dissolved. These arrangements will often list the couple’s shared assets, as well as their separate assets, and in most cases, provisions will be laid out in order to describe what will happen if one spouse receives a large sum of money, such as a personal injury award. If such an arrangement is in place, the process of dividing assets, including personal injury compensation, will generally go a lot smoother, as neither spouse can contest the division. In some cases, however, a spouse who feels that he or she deserves more can move to have the agreement altered.

Hiring an Attorney

In most cases, partnering with an attorney before the divorce process begins can be helpful. An attorney can help both you and your spouse to decide upon the division of assets, including personal injury awards, in an equitable way, and an attorney can also assist you in completing the necessary paperwork to put your divorce into effect and using mediation resources as the MIAM form which is perfect for this. Most divorce attorneys only work with one spouse or the other, but in situations where a divorce is uncontested and both spouses have already come to an agreement regarding the division of assets, a divorce attorney may work with both individuals.

If you’re currently considering a divorce and you’re concerned about the potential for inequality in the division of your assets, you may also want to consult with an attorney before beginning the divorce and division process. Doing so now may help you to protect your assets from being unfairly divided, and you may also be more prepared if the division becomes contested.

Author Georgina Clatworthy is a legal writer and former law blog editor, and contributes this article.  Their attorney’s appreciate that dealing with a divorce can be stressful and will work with their clients to ensure that a fair and amicable division of assets is reached.

How to File a Claim for Whiplash Injuries

Accident insurance is available in different flavours – traffic accidents, cycling accidents, holiday accidents and so on. These schemes usually cover all of the medical expenses that are incurred while undergoing treatment for the injuries suffered by a victim during the accident. However, there are certain internal injuries that often go unnoticed or are ignored as being too common a problem to file a claim. These injuries, better known as whiplash injuries, are usually caused by the force of impact, when the body is automatically thrown forward or backward during road accidents, affecting the body muscles and tissues in the process.

The impact may be felt in any part of the body; no part of the body is immune to whiplash injuries. It can start off as a simple case of soreness or stiffness that may develop into either a temporary or persistent pain in the future, which usually depends on the nature of the hit and the body area affected. Headaches, body pain or blurred vision also form a part of the whiplash injury. Although these injuries in most cases are not life threatening and do fade with time, they may immobilise the victim completely or partially deter the normal activity pattern. They may require physiotherapy or other forms of treatments that, of course, do not come for free and, therefore, qualify for whiplash compensation, which usually varies depending on the extent of the injury and the affected part of the body.

Covering All Medical Expenses

Based on the very fact that these injuries are considered as mere side effects of roadside accidents and are usually brushed off, it requires meticulous effort to document and present adequate proof to support the pain suffered and expenses incurred due to the accident.

  • Reporting the accident to the concerned authorities and obtaining a copy of the filed report is a perquisite to file a whiplash claim.  In addition to this, written accounts from witnesses to the accident right at the place and time of the incident add value to the case – of course, only if those affected are in shape to request and get the statements.
  • The medical reports prepared by a qualified medical expert on the extent and impact of the injury, prescribed treatments, nature and duration of the treatment required, and possible side effects, play a vital role in proving the damage caused by the accident. The reports will have to be detailed enough to highlight the reasons for the claim. Professional firms that deal with whiplash injury claims also direct those affected to expert physicians, who are not only experienced in treating such injuries but also are well-versed with the nuances of preparing medical documents that stand the claim in good stead.
  • Periodical updates on the medical status in terms of doctor appointments and visits, details on progress of treatment, latest reports, etc. further serve to strengthen the case.
  • While maintaining medical records are quite important to clearing all medical bills associated with whiplash injuries, a list of monthly expenses in terms of rent, mortgages, utility and essential expenses, along with proof for loss of income are also must to claim fair compensation. The victim is not only eligible for a refund of medical expenses incurred during the treatment and recovery, but he or she is also entitled to receiving reasonable compensation to support basic needs, until he or she gets back to regular or routine work.

Although the list of documents and processes here may seem quite simple to maintain and manage, whiplash compensation claims are best handled by personal injury solicitors who are experts in getting adequate compensation that is commensurate with the damage suffered by the victim in each individual case.  Depending on the type of the injury, a few professional claims companies also arrange for treatment and rehabilitation, apart from providing temporary funding to meet expenses while the claim is still under process.

Police in Portland, Oregon Use Unreasonable Force on Mentally Ill

The United States Justice Department conducted an investigation into the unnecessary use of force of Portland, Oregon police on people with mental illness. On Thursday, September 14, the department announced that investigators found Portland police officers used excessive force without justification against people with mental illness.

Deadly Force Used Disproportionately on Mentally Ill

The investigation found that Portland police officers used deadly force 12 times over the last three years. Of those 12 suspects, 10 suffered from mental illness. Further, the city of Portland paid $6 million over the last two decades to settle lawsuits regarding alleged police misconduct.

The findings suggested that police engaged in a pattern of using dangerous force against people who, due to their mental impairment, could not follow the officers’ commands. Investigators found that police officers would use dangerous force against people with mental illness even when they posed no threat or danger. They also found that the officers escalated the use of force even if it could have been minimized or avoided.

Series of High-Profile Killings by Portland Police

The investigation was initiated after a series of police shootings in Portland that involved suspects with mental illness. Following the death of Aaron Campbell, an unarmed and suicidal man who was killed by Portland police, the Justice Department announced that they were initiating an investigation into the police department’s practices. In Campbell’s case, he was shot by a police sniper as he exited his apartment with his hands behind his head.

Campbell’s death was one of a series of high-profile cases of mentally ill individuals who were killed by Portland police. In 2006, James Chasse, Jr. was believed to have urinated in public. He died after being chased and tackled by Portland police officers.

In another incident, Jose Mejia Poot was shot by police at a psychiatric hospital. This shooting prompted community leaders to question the police department’s policies for handling mentally ill suspects.

The investigation found that most of the police uses of force were constitutional. However, officers occasionally used excessive force when dealing with people suspected of minor offenses. Investigators were particularly concerned with the police department’s use of stun guns, finding that officers would often use them without justification or use them repeatedly on a suspect.

Policy Revisions Will Improve Mental Health Crisis Response
Police officers are often first responders for individuals in the midst of a mental-health crisis. For this reason, it is important for officers to have significant training to understand the complexity of mental health issues.

Following their investigation, the Justice Department issued a letter to Portland’s Mayor Sam Adams. The 42-page letter recommended remedies that included special training and new policies that would be put in place to investigate alleged misconduct by the police.

Adams and the police department cooperated with the federal investigation. Adams has demonstrated his commitment to improving the police force by posting potential policy changes on his web page. He recommends revising the police department’s policy on stun guns, ensuring that officers use them only when reasonably necessary. He also recommends boosting the city’s treatment options to ensure police officers have the ability to assist individuals facing a mental health crisis.

The Portland police and the Justice Department are currently working on a detailed agreement that will be finalized by October 12. They will seek community feedback on the agreement, which will be signed by a federal judge.

 

Shelly O’Donnell wrote this article on behalf of  EastBayDUILaw.com. She knows the serious implications that personal injuries can bring, and the importance of seeking help.

What To Do If Your Sued After A Car Accident

(US laws and general advice) A vehicle accident can be a frightening experience for everyone involved, especially if there are injuries or damage to property. Unfortunately, for some drivers, the experience can go from frightening to downright scary should they then be sued after the accident. The fact is, if you’ve been accused of causing a vehicle accident, you may find yourself facing a lawsuit, and maybe even years of financial hardship and uncertainty.

What Happens After an Accident

In most cases, any drivers involved in an accident will exchange insurance information, speak with the authorities at the scene and seek medical assistance if needed. From there, the insurance companies of any drivers involved will take care of any financial dealings, meaning the process ends there for the drivers. However, some drivers soon receive a letter explaining that they are being summoned to court to defend themselves – they’re being sued!

Why a Lawsuit?

The lawyers at www.houston-accidentattorney.com explain that drivers involved in vehicle accidents can be sued for a variety of reasons, but the most common are negligence, recklessness or improper insurance coverage. Even if the police are unable to determine who was at fault, or even if both drivers are deemed at fault, one driver can still sue another. The claim may be that one driver caused the accident due to not paying attention, or it might be that a driver was driving over the speed limit when the accident occurred. Regardless of the cause, the driver who is being sued is at risk of having to potentially pay out tens of thousands of dollars or more if found guilty in court, and the driver’s insurance premiums may become unrealistically high.

Potential Damages

In cases where injuries have taken place in an accident, you may be sued not just for physical pain, but also for mental and emotional anguish. Studies have shown that vehicle accidents can lead to a variety of psychological problems, including depression and anxiety. Because it’s very difficult to determine the exact effects these problems can cause, lawsuits involving such conditions can involve hundreds of thousands of dollars or even millions. These damages are sought not just for the psychological impact on the injured driver, but also for potential problems these conditions might cause in the future, including lost wages and difficulty in relationships.

What to Do if You’ve Been Sued

If you’ve been hit with a lawsuit as the result of a vehicle accident, the best thing you can do for yourself and your future is to partner with an attorney. While you always have the right to defend yourself in court, unless you have experience in the legal field, doing so may be an arduous task at best. Instead, when you partner with an attorney, you have the benefit of experienced representation and the backing of a legal expert upon whom you can rely for information and defense strategies.

Finally, if you’ve been involved in an accident, it’s important that you don’t admit fault if you’re unsure. Many times, drivers involved in accidents will experience disorientation immediately following the crash, and this can lead to them making statements that aren’t true. Instead, try your best to cooperate with law enforcement, but don’t allow yourself to be intimidated into admitting guilt if you’re unsure of the situation.

Georgina Clatworthy is a legal writer and previous editor for a respected legal blog. She is now a contributing writer for www.houston-accidentattorney.com who will help accident victims in Houston connect with the right accident lawyer to represent them. They understand the importance of finding an attorney with whom you will feel comfortable and moreover, who will work with your best interests at heart.

Exploring Personal Injury: Who’s Really Liable?

(US law and generally) Personal injury is a legal term that describes any physical or mental injury to a person for which another person is held liable. Although liability in personal injury cases is a complex concept that varies from state to state, several general rules apply in all jurisdictions. In order to establish another party’s liability for a personal injury, the injured party is required to prove negligence, intentional harm or strict liability.

Most personal injury cases involve an injury that took place as a result of another party’s negligence. Proving negligence in a court of law is a four-step process. The injured party must first demonstrate that the negligent party had a duty of care; that is, they had some obligation to avoid causing injury. In many cases, duty of care is obvious. Motorists have an obligation to avoid causing accidents by obeying traffic laws, and employers have an obligation to provide a safe work environment for their employees. It is also possible for more than one entity to have a duty of care in a particular situation. For instance, the owner of a car is obliged to keep his vehicle in good working order, but that responsibility also falls on the car’s manufacturer and on the mechanic who performs repairs. Any one of those parties could be found liable, depending on the circumstances.

Next, the injured party must prove that a breach of duty occurred. In other words, the negligent party either knowingly caused exposure to some significant injury risk or should have known that there was a significant risk. A motorist who runs through a red light, for instance, commits a breach of his duty to drive safely. In cases where multiple parties have a duty of care, the court must consider the circumstances to determine which party committed a breach of duty. If the owner of a car fails to maintain his vehicle and is thus unable to stop, he is guilty of a breach of duty. If the owner brings his car to be repaired and the mechanic makes an error, the mechanic can be held responsible for a personal injury.

Third, the injured party is required to prove that the negligence was the direct cause of a personal injury, and finally, he must prove that the personal injury resulted in harm; that is, actual financial loss. Common forms of harm include past and future medical bills, lost income due to inability to work and pain and suffering. Regardless of the circumstances of the personal injury, the injured party needs to prove financial loss in order to receive damages.

A minority of personal injury cases involve the intentional inflicting of harm on another person. If, for example, one person pushes another down a flight of stairs, the pusher can be held liable for the harm suffered by the injured person. These cases are often coupled with criminal cases.

Finally, strict or absolute liability occurs mostly in the context of defective or dangerous products. If a product injures someone, anyone involved in that product’s manufacture, distribution or sale can be held responsible for the injury.

All personal injury lawsuits are restrained by a statue of limitations, which means the injured party has limited time to act. That’s why it is important to contact a personal injury attorney immediately after an injury occurs.

About the Author: Jeremy, an independent writer for Attorneys.com, with a particular interest in personal injury law.