Accidents can happen anywhere and at anytime, and the best way to determine if you have a valid claim is to find a personal injury attorney. It is important to understand the most common types of accidents so that you can try to avoid them. Most serious personal accidents happen when someone acts negligently. In order for an attorney to prove negligence, the injured party must be able to establish that the defendant:
* Owed the plaintiff a duty of care: The definition of a “duty of care” varies among the states. Some states look only to whether an injury was a foreseeable consequence of the defendant’s actions, while other states look to the the possible magnitude of the harm, the cost of avoiding the harm and other factors.
* Breached the duty of care: A defendant breaches his or her duty of care if the defendant failed to act like a reasonable person would have acted given the situation. The reasonable person standard is often one that is contested and argued about in personal injury litigation.
* Caused the plaintiff’s injuries: which would not have happened but for the defendant’s breach of the duty of care. In other words, the plaintiff’s injuries must have occurred because of the defendant’s actions and not because of some underlying medical cause or action that the plaintiff took.
* Is liable for damages to the plaintiff: If the above elements of negligence are satisfied and the plaintiff is either the injured party or someone with standing to sue then the plaintiff is entitled to damages.
Negligence is often established in the following types of common personal injury accident cases:
Â· Car Accidents: including rear end accidents and intersection accidents;
Â· Motorcycle Accidents;
Â· Truck Accidents;
Â· Boat Accidents;
Â· Bus Accidents;
Â· Pedestrian Accidents;
Â· Bicycle Accidents;
Â· Medical Accidents: including birth injuries, surgical errors, the failure to diagnose, emergency room malpractice and other forms of medical malpractice;
Â· Slip and Fall Accidents: including slipping and falling on uneven ground, wet floors or slippery spots;
Â· Workplace Accidents: including workplace illnesses such as Mesothelioma and injuries caused by machines or other equipment;
Â· Defective Product Accidents: including foodborne illnesses, children’s toys, defective drugs and defective medical devices; and
Â· Animal Bite Accidents.
The Peck Law Groups personal injury attorneys are familiar with the common types of personal injury cases and can help you determine if you have a valid claim against the party or parties responsible for your injuries. Each state has a specific statute of limitations within which you must file a lawsuit to recover compensation for injuries sustained in an accident or forego your claim. (California two years pursuant to Code of Civil Procedure Section 335.1 against a non-health care provider).
About the Author
Attorney Steven Peck has been practicing law since 1981. A former successful business owner, Mr. Peck initially focused his legal career on business law. Within the first three years, after some colleagues and friend’s parents endured nursing home neglect and elder abuse, he continued his education to begin practicing elder law and nursing home abuse law.