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Topics in Personal Injury Law

Who was at fault for the accident? How are you compensated for your injuries?

The law of torts, which is the first topic taught in law school, states that in order to hold the Defendant liable (responsible) for an accident, it is necessary to find that

  1. Defendant’s action was negligent or reckless.
  2. The action caused the accident. This concept is called “cause in fact”.
  3. The accident was a foreseeable result of the negligent act. This is also called “Proximate Cause”.
  4. The Plaintiff’s own action was not negligent and if it was, his negligence was less than the negligence of the Defendant. If the Plaintiff was also negligent, his or her compensation can be reduced by the percentage of his negligence.
  5. In additional, to be able to make a claim or to sue for negligence, the Plaintiff must suffer damages.

What does it mean when we say that someone acted negligently?

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Steps in Handling a Personal Injury Case

Traffic accident cases

The first step is an in-depth interview with the attorney. The client comes to our office because they want monetary compensation for the damages that he or she incurred. The attorney has to assess three important issues. first item is liability. Determination of liability means deciding whose is at fault. Some accident facts are easier to determine and some require investigation before liability can be determined. For example, if you are at the stop in a red light  and someone rear-ends you, chances are that they are at fault. Some accident facts are much more complicated and require an experienced attorney to prove that the other driver was at fault. For example, if the other driver ran a red light and hit you, the attorney has to know how to locate and speak to witnesses, how to evaluate the light sequence at the intersection to show that indeed you had the green light. The set of facts can be even more complicated if more than two cars are involved.

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