Tag Archives: personal injury law coverage

Understanding Negligence Claims

When a third party is responsible for causing you physical injury, you’re likely curious about how the law interprets matters relating to negligence. There are several key elements that courts consider in determining the merits of a claim for negligence.

Duty

In order to show that a party has committed negligence, it is necessary to establish that the party owed you a duty of care. For example, property owners owe persons entering the property a duty to address unsafe conditions, and employers owe their employees a duty of care to maintain a safe working environment. If you have a claim related to wrongful negligence Houston TX that concerns a property owner or employer, you should speak with an expert to get a thorough evaluation of your claim.

Breach

After establishing the existence of a duty, a claimant must demonstrate that a defendant breached that duty in some way. In the example of an employer, a claimant would need to show that his or her employer failed to fulfill an affirmative duty to provide a safe working environment.

Damages

In order to have standing to take legal action, a claimant must show that he or she suffered damages as a result of a defendant’s breach of the duty of care owed to the claimant. Typically, damages are monetary damages for which a plaintiff seeks restitution or physical injury for which a plaintiff seeks compensation.

Causation

A plaintiff in a negligence action has to show that a defendant’s breach of his or her duty of care was the cause of his or her damages. A causal relationship can be direct or indirect, but the plaintiff must ultimately show that it is more likely than not that the breach is the cause of his or her damages.

If you’ve been the victim of wrongful negligence, talk to experienced legal counsel. He or she can help you understand the elements of your claim and advise you about what type of compensation you can seek. 

Areas of Personal Injury Law

One of the hallmarks of the United States legal system is the ability of a person who is hurt due to the actions or inactions of another to seek compensation. When a person suffers an injury, they will get their day in court, but without representation, they will fight an uphill battle. This is why a citizen would seek the help of a personal injury attorney Altamonte springs; to plead their case and use their legal expertise to combat the arguments of the guilty party. Here some examples of cases where a person would need a personal injury attorney.

Premises Liability

If a business or property owner does not adequately maintain their premises, or worse, allows dangerous elements to threaten the safety of patrons or passers-by, they are liable for insurance claims filed against them. These can take many forms, including “slip and fall,” “inadequate security,” “poor lighting,” “uneven sidewalks,” and even “vicious dog attacks.” In these scenarios, a complaining witness or victim has a right to file suit, and legal representation is essential to gather facts and collect photo evidence or sworn testimony to support their claim.

Vehicular Accidents

The most common form of personal injury occurs after a vehicular accident. This can be due to reckless, negligent, or impaired driving, weather conditions, improper vehicle maintenance, or even failure to observe traffic laws. In cases where plaintiffs are pedestrians alleging vehicular negligence or malice, juries tend to be very sympathetic, owing to the accepted adage that “the pedestrian has the right of way.” But, again, a lawyer with formal training and a familiarity with the local, state, and/or federal court system can make this case on their behalf far better than they could if they represented themselves.

No-one should have to worry about their safety being compromised by the unscrupulousness of another. Personal injury lawyers help keep that notion a reality.