Most personal injury claims are based on a legal concept known as “negligence.” Negligence is a concept not defined by a state or federal statute, but by what’s known as the “common law”: essentially, legal principles developed through centuries of court decisions. In short, negligence is the failure to use…
Car accidents, or motor vehicle accidents (MVAs), are one of the most common sources of personal injury. In 2015 alone, over 35,000 people died in auto accidents in the United States. The number of less serious injuries is many times greater. The most recent data available indicates that in New…
In Part 1, Part 2, and Part 3 of this series, I highlighted some of the difficulties in proving a personal injury case. In this final blog of the series, I will describe some of the ancillary rules/issues associated with personal injury cases. First, if you become injured in New…
When someone is injured in a car accident, slip and fall, or other accident, and wants the person(s) who injured them to pay them money, the injured person must prove four (4) things: duty, breach, causation, and damages. However, to prove each element is not so intuitive. In Part 1…
Personal injury cases, sometimes referred to by lawyers as tort cases, require proof of four (4) things: a duty to act in an reasonable way; a breach of that duty; that the breach of that duty caused injury; and that the breach of that duty caused damages, including medical injuries…
When a person is injured (physically and/or emotionally), their legal cause of action is generally classified as a “tort.” All personal injury (tort) law suits involve the same basic legal elements: duty, breach, causation, and damages. However, just as a person can be injured in one of many ways (e.g.…