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Currently Browsing: Personal Injuries

Personal Injury

A field of broad scope, personal injury law covers a variety of cases in which one party is responsible for harming the other. As one might imagine, financial compensation rests upon the plaintiff’s ability to prove that the liable party is blameworthy. While straightforward in concept, however, this step can sometimes become extremely difficult to execute.

Determining fault

More often than not, the concept of negligence is used to prove fault in personal injury cases. As the Columbia personal injury attorneys of the Goings Law Firm, LLC explain, negligence is formally defined as conduct that: 1) falls below the standard of care expected of a reasonable person and 2) causes harm to another person. The following legal elements are often used to establish negligence:

  • Duty: the plaintiff must be owed a legal duty by the defendant in every personal injury claim. For example, all automobile drivers owe a duty to look out for other drivers on the road.
  • Breach: the plaintiff must prove that the defendant breached a legal duty.
  • Causation: the defendant must be the direct cause of the plaintiff’s harm or injuries. Pre-existing injuries cannot be attributed to new events unless they were worsened/exacerbated by recent occurrences.
  • Damages: the plaintiff must incur actual damages (monetary or physical) as a result of the incident. This usually entails expenses such as medical bills, lost income, property damage, etc.

 

Of course, fault isn’t always established by proving negligence. On occasion, lawyers will attempt to prove fault by establishing intentional conduct, proving “negligence per se,” or showing that the claim is subject to the “strict liability” standard of proof. In the last case, plaintiffs need only demonstrate that they suffered an injury that was “foreseeable” in a qualifying circumstance. Given the technical nature of proving fault, injured parties are advised to seek the help of an experienced lawyer when filing their claim.

How You Can Sustain a Disability

We need all body parts to work properly so we can fully function as human beings. If even just one body part is compromised, we can be disabled. This is particularly true for body parts that play a big role in multiple bodily functions, such as the heart and brain.

It is good to know that, according to the website of Mazin & Associates, PC, those who have sustained a disability may be entitled to recover disability insurance benefits. But how can a person sustain a disability exactly? Usually, a person becomes disabled because of an accident or birth inheritance.

Accident

Getting involved in an accident is never good news. It becomes even more tragic if the accident has resulted into an injury severe enough to disable the victim. The most common accidents connected with injuries and disabilities are those that involve traumatic force, such as car accidents, sports and recreation accidents, premises liability accidents, and workplace accidents, particularly those from inherently dangerous workplaces, such as construction sites and manufacturing plants.

Disabilities rising from these accidents typically involve the brain, spinal cord, hands, and legs.

Birth

Some people are just not as lucky in the genetic lottery or have developed complications during pregnancy or delivery. These things can result into disabilities. Most birth disabilities arise from problems in body function such as metabolism, body structure, organ or system functionality, particularly those that involve the heart, lungs, and stomach, and even mental health condition.

Eligibility

There is really no clear way to ensure that a person will get his or her case approved and receive benefits. But there are some obvious guidelines, such as eligibility.

To be eligible for disability insurance benefits, the first requirement is that the person in question is actually medically disabled. It’s called a disability insurance for a reason, and it shouldn’t be abused by those who are not truly disabled.

The financial challenge, such as the rehabilitation costs and limited employment opportunities, also makes the case much more viable, especially if this is juxtaposed to a relatively poor economic standing.

Whether the person is confident that he or she will get approved, he or she should at least try to make a case. After all, he or she doesn’t deserve to handle the disability and its associated hardships alone.

Dog Bite Injuries

Dog Bite Injuries – The Basics

Dogs are known as man’s best friend, but unfortunately, not all dogs are the sweet and cuddly pets that we know and love. In fact, dog bites account for about 90% of all animal bites in the United States. There are currently around 70 million dogs living in the US and an estimated 4.5 million dog bite incidents occur each year. In 2013 alone, 31 people died from causes related to a dog bite.

According to Spiros Law, P.C., some of the most common injuries and complications that come from dog bites include severe lacerations and puncture wounds, fractured bones, disfiguring scars, life-threatening infections, severe contusions, and nerve damage. About 27,000 dog bite victims undergo reconstructive surgery each year.

There are a few ways to avoid dog bite incidents. For example, stay away from dogs you don’t know and never leave a young child alone with a dog, whether it is familiar or not. When approaching a dog, it is best to do so slowly and give the dog a chance to approach you. Also, never approach or try to play with a dog that is eating or a female dog that is feeding her puppies. If you find yourself in a situation with an aggressive dog, do not panic or run and scream. The best thing to do here is back away slowly and avoid eye contact with the angry canine.

If you have been bitten by a dog and your injuries are not severe, you may feel like you can treat yourself at home and avoid the emergency room. However, it is always best to seek medical attention after a dog bite, especially if the dog was unfamiliar to you. If the bite is deep, you cannot stop the bleeding, or there are any signs of infection, seek medical help right away.

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