Tag

Negligence

When Decks Give Way

Decks are part of summer’s ambience — morning coffee, parties, barbecues. On occasion, however, decks collapse, leaving injuries and fatalities in their wake. Deck collapses might not be frequent, but they’re not rare either. According to the Consumer Product Safety Commission, in a recent four-year span, 2,900+ injuries were associated with collapses. The North American Deck and Railing Association notes that there are approximately 60 million decks in the U.S. — residential and commercial. Over 30 million are believed to...
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Foreseeability and Proximate Cause

Let’s take a deep dive into a couple of personal injury terms … well, maybe dip our toe in labyrinth. “Foreseeability” and “proximate cause” are two key factors in proving negligence (fault) in a personal injury case. Foreseeability refers to predictability — an act that someone of ordinary mental capacity should be able to see will lead to repercussions, meaning a plaintiff’s injury or property damage. For instance, a dog attack should be foreseeable when a dog has a history...
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What a Personal Injury Attorney Will Do for You

If you are seriously injured due to someone’s negligence, hiring a personal injury attorney to represent you is always a wise decision. Some people decide to manage small claims on their own. Although doable, keep in mind that seemingly minor injuries sometimes are more serious ones in disguise, intensifying weeks, even many months, after the initial incident. An already settled claim precludes reopening the claim or going to court — you’re basically hung out to dry. It never hurts to...
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Pain and Suffering from a Legal Standpoint

“Pain and suffering” is a key component in many personal injury cases. There are two types: physical pain and suffering, and mental pain and suffering. Physical pain and suffering covers not only the ill physical effects that a claimant has suffered to date, but also what they are likely to endure in the future as a result of the defendant’s negligence. Mental pain and suffering can be an offshoot of the claimant’s physical injuries in an accident. It can include...
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Preexisting Injuries and Auto Accident Cases

Some people are under the mistaken notion that preexisting injuries might preclude them from recovering damages in an auto accident claim against a negligent driver. Truth is, a preexisting injury may have no impact on a claim, or may even lead to higher compensation, since the accident may result in more severe consequences than it otherwise would have due to the preexisting condition (something known as the “eggshell plaintiff” rule). Insurance companies should not have to pay for injuries that...
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