Jun 16, 2013

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The Role of Negligence in Personal Injury

A legal term used for an injury that is physical, mental or emotional is called personal injury. A person who has been injured due to the negligence of another person can be held liable to a personal injury lawsuit. Negligence occurs when prevention, or lack thereof, of a person on reasonable mind would or would not do in a particular situation leads to damage, injury, or loss. If you have been a victim of such situation, it would be advisable to contact experienced personal injury attorneys to help you file a lawsuit against the person or persons responsible.

There are factors that should be considered once you are planning to file for personal injury lawsuit. To ensure that you have a strong case against the person responsible for your injury, you should make sure that:

  1. There is a breach of the “duty of care”. An average person can foresee the possible injury that can result from an action or situations, and it is the person’s duty of care to avoid it from happening.
  2. Demonstrate the cause of the injury. It should be shown that the injury was caused by the reckless behavior or action of another person.
  3. The injured person should prove that he or she has suffered damages due to the injury resulting from the carelessness of another person. There should be evidence of the monetary value of the injuries sustained.

For most personal injury cases, it should be proven that the negligence of another person is what caused the injuries. If there is a serious injury caused by negligence, then it can result to large settlements, provided there is help from professional personal injury attorneys. There are many types of negligence that can provide you a strong case to pursue a personal injury lawsuit. However, it should be remembered that every state has their laws pertaining to filing of personal injury lawsuits and the type of injury, damage, or harm that the person has sustained. Talking with a legal counsel would considerably help in attaining the right results in your lawsuit.

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Jun 11, 2013

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The Importance of Informed Consent

medical malpractice lawyersAccording to the website of the Massachusetts personal injury attorneys of Crowe & Mulvey, LLP, every medical procedure, treatment, or medication has their risks and dangers therefore it is important to have you, the patient, give consent before getting these procedures. Hospitals and your physician have the responsibility of informing you how these procedures will be done, the risks that it entails, who will perform these procedures, and possible alternatives that you can choose from. Once these responsibilities are neglected or over passed and you have endured an injury because of the procedure, then you may get the help of medical malpractice attorneys to help file a lawsuit.

Providing important information about the dangers and risks of a specific procedure, treatment, or medication is called informed consent. Before getting these procedures or treatments, you as a patient have the right to be informed about such procedures, and after you will have to sign a consent form allowing the medical professionals to perform the procedure. As an important aspect of a medical malpractice lawsuit, you should understand what the document states otherwise informed consent is not given.

Doctors are not required to talk about all the details surrounding the positive and negative effects of the medical procedure. If the negative effect is not highly possible, they have the option of not discussing it with you. States have different laws regarding which risks should be disclosed, mainly, there are two standards that states to determine this:

  1. Will other doctors disclose these risks?
  2. Will a normal patient choose another option should they be informed of the risks?

There are two exceptions to the rule of informed consent, however: during emergencies (where you are unconscious or when there are time restraints) and the doctor believes you are already in an emotionally fragile state to make a logical decision. If the hospital did not get the informed consent, they can be held liable for damages in two ways: vicarious liability and negligence. If you have been through a procedure without your knowledge or informed consent, then you have the right to contact your medical malpractice attorney to file a lawsuit.

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Jun 3, 2013

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Road Defects that Cause Motorcycle Accidents

Being in a car accident can lead to serious damages and injuries, so imagine driving a motorcycle, a two-wheeled vehicle, and being injured while riding? With so little protection, you can be sure your injuries can be a lot worse. A motorcycle accident can be devastating to the rider, especially when he is driving safely but still had an accident. Poor road condition is often the main reasons for motorcycle accidents, simply because these factors are out of the rider’s control.

Among the most common causes of a motorcycle accident due to road defects are overbanding, potholes, and sunken drains. These can make the rider lose control of the motorcycle, causing them to skid off the road and hit someone or something on the way. In any of these cases, it should be established that there is fault and negligence in the part of the state or government. Because of the statutory duty of the state to take care of the roads and ensure the welfare of the people, if they have been proven to have failed in upholding this duty in the roads they can be held liable for a lawsuit. In order to win a case against the state, though, you must need to make sure:

  1. It is a public road, used by almost everyone.
  2. The issue or road defect is unjust and triable.
  3. The state is aware of the road defect for some time and has not acted to repair it.

Because of limited body protection, most riders are very careful while they are on their bikes. Driver error is not always the reason for a motorcycle accident. Once the rider has lost control of their vehicle due to road defects, they can get compensation through the help on a reliable personal injury lawyer. Having proper legal help strengthens the chance of winning compensation to cover for the damages and injuries that you have suffered because of the accident.

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