Tag: Litigation
PERSONAL INJURY: CAUSATION AND NEGLIGENCE
An unbroken chain must connect cause-and-effect between an accident and an injury in any case. It may seem obvious. But, causation is a fundamental element underlying every claim of negligence. As the question below shows, the critical legal element of causation must never be overlooked: Attorney Myers: My wife had […]
PERSONAL INJURY: Reasonable Person Standard
Negligence happens when a person does one of two things: Fails to do something that a reasonable person would do, guided upon those considerations which ordinarily regulate the conduct of human affairs; or Does something that reasonable person would not do. Common law evolves slowly. The reasonable man concept is […]
PERSONAL INJURY: Negligence Law & “Torts”
In the law, the word “tort” means a civil wrong. Latin play less of a role in the law as in previous eras. But, the word tort comes from “tortum” or “tortus” meaning injury. Personal injury law in its purest form is taught as “Torts” in law schools. The most […]
WHY DO PERSONAL INJURY INSURANCE CLAIMS TAKE SO LONG?
It can take a long time for an injury claim to crawl through the insurance claims handling process. The maze of the insurance claim handling process frustrates injured people waiting for full fair settlements, but also attorneys wanting a satisfied client and a closed file. Of course, it depends on […]
PERSONAL INJURY: Liability – No “Guilt” or “Innocence”
“Guilt” and “Innocence” exist in criminal law, not civil negligence law. Concepts of guilt or innocence refer only to criminal matters, where an individual faces prosecution by the government at some level. Even in an accident caused, allegedly, by a person running a red light, the light runner is not […]
Initial Consultation: Personal Injury
Initial Consultation with most personal injury attorneys is free. So, optimize this opportunity to make the most of your time. Here’s how: Call ahead. Make an Appointment Some attorneys accept “walk in” clients. But, the more experienced attorney you want to see may or may not be there and you may […]
Depositions: How To Behave
Oath at Depositions Depositions start out with you being asked to raise your right hand and to swear or affirm that the testimony that you are about to give is truthful and accurate. No brainer. But, I’ve seen people thrown off by the question because they did not expect it. Stenographer The […]
PERSONAL INJURY: Mediation & Arbitration
One of the more frustrating things about any case is the amount of time it can take. Mediation and arbitration present an efficient and relatively inexpensive way to resolve many civil disputes. Sometimes called ‘alternative dispute resolution’ or ADR, mediation and arbitration can speed things up. Mediation In mediation, […]
PERSONAL INJURY “Eggshell Skull Doctrine”
The “eggshell skull doctrine” is a time-honored legal concept. It explains what happens when a person with a preexisting medical condition is injured in an accident. In an actual case a person suffered a rare genetic condition in which their skull was as thin and brittle as an eggshell. […]
PERSONAL INJURY: Class Action Lawsuits
Class action lawsuits bring together a number of people all claiming damages resulting from the same or similar wrongs. Defective products and medication exemplify class action cases. Claims by many join to create a class action. Defective birth control devices linked to cervical cancer formed the basis of one class […]
