Tag: accidents
Accidents Don’t “Just Happen”
Accidents happen for a reason. Calling the collision of two cars “just an accident”, or shrugging it off as “not intentional” misses the point of civil liability. Looking down to text, rolling through the light instead of stopping, and tailgating the car in front so closely that it’s impossible to […]
PERSONAL INJURY – Rules of Evidence
Evidence never gets into court without passing the rules of evidence. Courts admit evidence only when it complies with rules, statutes and case law comprising evidence law. Winning a case requires mastery of the rules of evidence. Rules vary from state to state and even from court to court. One reason to have a lawyer, among others, is […]
PERSONAL INJURY: Do-It-Yourself Follies
Do-it-yourself in court and you may be in for a shock. Even a fool wouldn’t perform their own dental work with a handy man’s drill. Yet, every day, people represent themselves in court, often with disastrous results. Especially in personal injury claims. Here’s an actual case: “Buyers”, we’ll call them, […]
Personal Injury: Statute of Limitations
Bars usually go with criminal law, as in “behind bars”. But, in civil law, statutes of limitation bar cases forever if not filed on time. When the doors slam shut, there’s no going back. The “Statute of Limitations” is a legal deadline requiring a case be filed within a certain time after an event […]
“Can I Sue?”
“Can I sue?” This tops the list of questions most frequently asked of attorneys. But it’s the wrong question. The real test is whether a feasible, viable claim strong enough to warrant recovery exists. Hypothetically if the papers are able to be filled out and the technical requirements met then in the […]
Personal Injury: Expert Testimony
Heavy impact on the human body can fracture bones. This seems obvious. But, in a court of law, cause and effect and the extent of damages must be supported by expert medical testimony. For example, a passenger in a motor vehicle breaks an arm when the driver looks down to change the […]
Slip and Fall Accidents – Open and shut case?
Slip and fall accidents never present ‘open and shut’ cases. The person injured must have facts that, when applied to premises liability law, show that the owner of the property where the injury occurred either did something they should not have done, or failed to do something that they should […]