|
If you have been injured in an accident through no fault of your own, you may be able to sue for damages in civil court. Judges and juries award billions of dollars in personal injury claims each year in America. Of course, that does not mean these cases are easy to prove. In order to emerge as the victor, the plaintiff must demonstrate that the defendant was responsible for the accident. In other words, they must prove negligence. But how do they do this? As every personal injury attorney knows, there are two basic forms of negligence, direct and indirect. The direct variety occurs when the defendant is personally responsible for your accident. For example, if a driver runs a red light and crashes into you from behind, that motorist is responsible for any injury you might sustain. His negligence is direct and will probably be easy to prove in a court of law. Indirect negligence, on the other hand, is not nearly as cut-and-dry. Let's say, for example, that a shopper slips on a wet floor at his local grocery store and breaks his leg. Is the store or the store's owner responsible for his medical bills? Only an experienced personal injury attorney can determine if filing a suit based on the indirect variety makes sense. Let find out how he or she might do it. By The Numbers According to a recently published report motor vehicle, medical malpractice, product liability, and defamation awards are the four most common and most profitable personal injury claims. The reason is that it is relatively easy to establish direct negligence in these cases. A car accident, for example, is seldom open to interpretation. One party is almost always at fault. An experienced attorney should be able to secure compensation for medical expenses, as well as pain and suffering in these cases. In The Workplace As we mentioned, not all accidents are the result of direct negligence. Countless workers have been harmed because of the indirect variety in the workplace. A perfect example is mesothelioma. Like other forms of cancer, it develops when cells are altered (or mutated) and then spread to major internal organs. Most of the patients who have it worked on a job where they inhaled asbestos on a daily basis. Their employers may not have known that these materials were deadly, but they are ultimately responsible for their workers' medical treatment. In The Doctor's Office Because the plaintiff may not always have access to the evidence, medical malpractice cases can be difficult to prove. Unless the surgeon actually left a sponge or instrument in you, your lawyer must come up with the evidence he needs to win the case. That doesn't mean medical malpractice cases are unwinnable, but they are often quite complex when there is no substantive proof of direct or indirect negligence. Emotional Injuries As difficult as malpractice cases may be to prove, they can't hold a candle to those that claim emotional pain and suffering. Demonstrating emotional pain is difficult, for obvious reasons. There are no scars, no x-rays, and no medical reports. As a result, the plaintiff must convince a judge or jury that his quality of life has been adversely affected due to the carelessness of the defendant. Emotional injuries often include anxiety, sleep disorders, or other disturbances. The question of whether or not negligence can be established should always be left to an experienced personal injury attorney. Only he can determine if your case is winnable or is not worth pursuing. When looking for an attorney, Mobile, AL residents turn to Briskman & Binion, P.C. Learn more at http://www.briskman-binion.com.
Related Articles -
attorney, mobile, al,
|
