29 April

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The Relationship Between Injuries And Damages

Personal injuries that result in damages can range from scratches to catastrophic wounds. The worse the injuries are, the higher the damages. Some injuries may require extended periods of medical treatment, which can result in higher expenses. Because injuries are intrinsically related to damages, typically, you can expect higher damages if your injuries are more severe. According to personal injury lawyers, the more terrible the injury, the more you should receive in the settlement. How Are Damages Estimated Based On Injuries? Every personal injury case is unique, which is why you will need an attorney to help you properly estimate how much you should receive in...

24 January

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GLOBAL ROAD ACCIDENT STATISTICS

Posted by statenislandesq

The Reality Behind The Statistics Of Road Accidents Looking at the statistics of global road accidents is very sobering. For instance, a staggering 1.3 million people die every year around the world as a result of road traffic accidents. According to the World Health Organization, 93% of global road accidents occur in low and middle-income countries. That is partly because they do not have the right infrastructures in place, but even in high-income countries, millions of road accidents occur every year. Here are some other interesting statistics about road accidents around the world, according to the WHO: Injuries from road accidents are the leading cause...

27 September

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Can I File A Suit If My Loved One Has Died From An SUV Rollover Accident?

Posted by statenislandesq

in Accidents, Injuries, Wrongful Death

When you have had a loved one who has died from an SUV rollover accident, you may be entitled to file a wrongful death claim against the manufacturer of the SUV. Thousands of individuals have died as a result of using an SUV vehicle. According to the U.S. National Highway Traffic Safety Administration, the SUV has a rollover rate of between 20 percent to 25 percent. This figure compares with the rollover rate for a passenger vehicle, which has a rollover rate of 10 percent. No person should have to experience the loss of a loved one due to the defective design...

29 May

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Differences Between Comparative Negligence and Contributory Negligence

Posted by statenislandesq

in Accidents, Injuries

The fundamental difference between the legal concepts of comparative and contributory negligence is that comparative negligence seeks to compensate the injured party at least for some part of his or her injuries, while contributory negligence is a total bar to any damage award to the plaintiff. In both instances, the plaintiff's negligence must be proved by the defendant. The difference boils down to how the plaintiff's ultimate recovery (if any) is impacted by the plaintiff's own negligence. A further difference is that contributory negligence originated in common law, while comparative negligence is a statutory creation in jurisdictions that abolished the...

11 February

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Establishing a Private Right of Action in Personal Injury Cases

Posted by statenislandesq

in Injuries, Insurance, Wrongful Death

Navigating through statutes and legislative history to successfully plead a viable private right of action in a personal injury or wrongful death case can be time-consuming and ultimately disappointing. But the ability to recover enhanced damages or even any damages at all through a private right of action may make such efforts worthwhile and explains why there are a multitude of recent judicial decisions on this topic in many areas of law. A private right of action allows a private plaintiff, in contrast to a government or a public agency, to bring an action seeking judicial relief from injuries caused by...

11 October

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What is Negligence?

Posted by statenislandesq

in Accidents, Injuries, Medical Malpractice

One can only bring a lawsuit for negligence if they can establish all four of the required elements. If any one of the elements is missing, then there is no negligence from a legal standpoint, and a lawsuit cannot be sustained. Of course, there are often defenses and other technicalities involved with proving such a case, so it is always best to contact a qualified, licensed attorney to help answer your questions and guide you through the process of analyzing your claim or defense to negligence.Attorneys are infamous for using “legalese,” or terms that have a special meaning in the...

17 September

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A Personal Injury Case Roadmap

Posted by statenislandesq

in Accidents, Injuries

When you get injured due to the actions of another, you should consult a lawyer. Generally, however, when injury occurs, the law asks a few key questions: Duty—Is one person required to take care not to injure another? The law does not impose an absolute responsibility on everyone to take care of everyone else in all situations. So, some injuries are simply accidents, not addressable in court. The way the law begins to distinguish between injuries that are mere accidents and those that are torts, is by asking “Did the person or entity that caused your injury have a “duty” to take some...

10 June

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Avoiding Slip and Falls When You’re 55 and Older

Posted by statenislandesq

in Injuries, Slip and Fall

Being 55 years old is surely is not as old as 55 used to be. Now at 55 you can be fully employed, if that be your pleasure, and looking forward to many more productive years. You can volunteer, exercise, travel, participate in sports or,even go off in your own direction toward something you never anticipated. While enjoying this journey of life, there can be the occasional bump in the road. You can slip or trip and fall, upsetting the grandest of plans. Each year millions of older adults fall. One of out of five falls causes a serious injury such as...