Liability of Accidents & Accident Attorney

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accident attorney

What should you do if you have an accident injury? Well at first you should look for the probable cause. Now if you find that you are responsible for the accident then there’s nothing much to do. You have to learn for the mistake to avoid further consequences in the future. But if you find someone else is responsible, than sue him!

You have to get a personal injury attorney for the complete process. But without probable cause you can’t charge anyone. To find about that you must know the liability of injuries to stick the charge to someone.

Accident Liability: What to Charge With

Negligence is the most common reasons for accident. Whenever anyone is negligence about his or her duty, an accident is bound to happen. That is why you don’t leave a banana peel on the sidewalk, or go through a red light. And any of your activities cause an injury, you can be charged or not by the following causes:

  • Negligence of Duty: If you are bound to do something which you failed to do then it will be considered as negligence of Duty. Suppose Andy is supposed to clean a floor properly. But he left it wet and left early. Now if someone slips and falls in that wet floor then Andy will be charged with negligence of duty.
  • Cause In Fact: If the actions of the defendant can’t be related with the accident then this term will be applicable. Suppose Steve had a car accident. Test results showed that he was driving while being drunk. But the amount was low so it can’t be a cause. Therefore it will be stated in the court as, “But for the defendant’s drunk driving, the accident wouldn’t have been caused”. And that’s why this fact is also known as “but for test”.
  • Proximate Cause: This fact is applicable for third party damages. Suppose you injured Stacey in a car accident. Now when her mother heard about it she had a stroke. So you can get charged with that too in a rare case.

 

So as you can see, you can attack or defend in injury cases with the liability of the defendant. Getting an accident attorney would be the best thing to do in such cases. And defending is like attacking back. Just makes me remind of George S. Patton’s line, “Nobody ever defended anything successfully, there is only attack and attack and attack some more.”

 

Stephen Zee

 

14 Comments
  1. Francis

    April 8, 2015 at 10:22 pm

    Don’t get stuck having to navigate through the lengthy and confusing process of accident cases and lawsuits on your own. We provide you with the resources you need to find a first-rate car accident lawyer in your area and even offers links to articles related to various types of accident cases so you can have 24-hour access to help with all of your questions and concerns. Experienced personal injury attorneys are standing by right now to ensure that you are properly compensated for your injuries and losses and that your case is completed with the utmost attention to detail.

  2. Gary

    April 9, 2015 at 8:50 am

    When looking for an accident attorney, the plaintiff (the person or entity filing the lawsuit) or the defendant (the person or entity being sued) should find an accident attorney who specializes in the type of accident that occurred. Before choosing an attorney, set up a consultation with more than one attorney. Not only should the attorney be well-versed in the type of accident that the plaintiff or defendant was involved in, but the plaintiff or defendant must also get along well with and feel comfortable with the attorney, as this type of case can require the attorney to be aware of medical, emotional, and other personal information.

    • STRUCTURED SETTLEMENTS

      May 3, 2015 at 12:36 pm

      While actions for defamation have their roots in common law, most jurisdictions have now enacted statutes which modify the common law. They may change the elements of the cause of action, limit when an action may be filed, or modify the defenses to an action for defamation. Some may even require that the defendant be given an opportunity to apologize before the plaintiff can seek non-economic damages.

  3. Ryan

    April 10, 2015 at 12:42 pm

    Often, home accidents are disputed. An accident attorney will work with the homeowner and the insurance company to make sure the injured party’s medical expenses are covered. In the event of a wrongful death, the accident attorney will start settlement negotiations or litigation for the estate of the deceased. If it is found that the homeowner committed gross negligence that contributed to the injury or death, punitive damages may also be awarded to the injured or deceased.

  4. Howard Lo

    April 11, 2015 at 3:31 pm

    Once involved in an accident, the victim should contact the police and the insurance company. Make sure the police complete an official report. Do not sign off on the police report unless all of the facts are included in the report. Ask the officer on the scene to add or edit facts if they are missing or incorrect. Once finished with the police and insurance company, request transportation to a medical facility, even if you do not think you are hurt. There are injuries that may not manifest until hours or even a day later.

  5. Traviss

    April 11, 2015 at 6:45 pm

    Thus, a person injured in a car accident is in a good position to argue that the driver who caused the accident was legally “negligent” and thus should pay compensation for the injuries caused by the accident.

    • STRUCTURED SETTLEMENTS

      May 2, 2015 at 7:51 pm

      Another defense to defamation actions is “privilege”. For example, statements made by witnesses in court, arguments made in court by lawyers, statements by legislators on the floor of the legislature, or by judges while sitting on the bench, are ordinarily privileged, and cannot support a cause of action for defamation, no matter how false or outrageous. In the context of criminal law, “assault and battery” are typically components of a single offense.

  6. Josh B.

    April 12, 2015 at 5:46 am

    If the homeowner does not have a mortgage, he or she is not required to carry insurance on his or her home. Depending on the injury, expenses can add up quickly, and the homeowner may not pay for them. An accident attorney can start settlement negotiations or can start litigation, either against the homeowner if he or she has no insurance, or against the insurance company.

  7. Regina

    April 12, 2015 at 4:00 pm

    It is foreseeable that mistakes made while driving can result in accidents which may cause serious injuries to other people.

  8. Collin

    April 13, 2015 at 3:58 pm

    A lawyer can file a lawsuit to start litigation or start settlement negotiations with the proper entity. In some work accidents, there are many people involved, such as the manufacturer of equipment, contractors, sub-contractors, or the owner of the company, and a lawyer can determine with whom to start litigation or settlement negotiations.

  9. Neggy

    April 13, 2015 at 7:52 pm

    To win a “negligence” case, an injured person must show that the defendant owed him a duty to exercise reasonable care, that the defendant violated that duty, that his injuries resulted from the breach of duty, and that the injuries were a reasonably foreseeable result of the violation.

  10. Fappy

    April 15, 2015 at 2:49 pm

    In the context of an automobile accident, the driver of a car owes other drivers the duty to drive safely and to keep his car under control at all times.

    • STRUCTURED SETTLEMENTS

      May 5, 2015 at 7:25 pm

      The most important defense to an action for defamation is “truth”, which is an absolute defense to an action for defamation. In tort law, “assault” and “battery” are separate, with an assault being an act which creates fear of an imminent battery, and the battery being an unlawful touching.

  11. Lovely

    April 16, 2015 at 9:34 pm

    Some states follow a mixture of comparative and contributory negligence, whereby a plaintiff who is less than fifty percent at fault may recover damages reduced by the plaintiff’s proportion of fault, but a plaintiff who is more than fifty percent at fault may not recover damages, or may recover only a percentage of economic damages, against the defendants.

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