Overview of Negligence in Injury or Accident Claims

Negligence is a legal principle used to describe conduct that generates an unreasonable harm risk to others. If you’re negligent, and this negligence results in another individual to become harmed, then you’re liable for paying the damages. To win a negligence claim, the injured party will need to establish the following elements:

• The defendant owed a duty to the plaintiff (e.g., reasonable care for the safety of other)

• The defendant failed to act reasonably, or violated its duty (e.g., a driver was intoxicated or reckless)

• The defendant’s violation was the cause of another person’s injuries

• The defendant’s violation was the injuries’ proximate cause (the defendant should’ve known that the violation would result in injury)

• The plaintiff suffered injuries, for which they could claim damages

Auto accident

A car rammed into a post.

Contributory Negligence

Contributory negligence’s concept is used to characterize behavior that creates an unreasonable danger to one’s self. The notion is that a person has a duty to behave as a reasonable individual. When an individual doesn’t act this way, and harm takes place, that person could be held partially or wholly liable for the injury, even if another party was involved.

For instance, Dave, a driver, strikes Andrew, a pedestrian crossing the highway without carefully examining traffic or observing the warning sign of the adjacent street light. Who’s guilty in this case?

After a harmed party brings a negligence claim, the defendant could then claim contributory negligence against the plaintiff, effectively saying that the harmed took place at least partially due to the victim’s own actions. This method would be considered a contributory negligence counterclaim.

If the defendant can prove his contributory negligence claim, then the plaintiff could be entirely barred from getting damaged or the damages could be lowered to reflect his role in the injury. The pedestrian in the example, Andrew, would probably be deemed as at least partially guilty (and thus liable for a contributory negligence claim) for negligently crossing the street.

pedestrian lane

Pedestrian lane signs

Comparative Negligence

The majority of states have now taken on a comparative negligence method to contributory negligence, in which the negligence of every party for a given injury is deliberated when determining financial damages.

Before, the courts perceived contributory negligence as a bar to getting any damages. Under this traditional understanding, if an individual had contributed to their accident in any manner, the individual wasn’t entitled to payment for their injuries.

To try to reduce the severity, often unfair results from this method, the majority of states have now implemented the comparative negligence method.

There are two comparative negligence approaches:

Pure Comparative Negligence—the damages acquired by the plaintiff are totaled and then lowered to reflect their contribution to their injury. For instance, if a plaintiff were awarded $10,000 compensation and the jury or judge established that the plaintiff was 50% responsible for their injury, they’d be awarded $5,000.

Modified Comparative Negligence—the most common method. Plaintiff won’t recover if they’re found to be equally liable or more liable for the injury. Essentially, to get damages, the plaintiff shouldn’t be over 50% guilty of the resulting injury.

Insurance Claims that Can Make Your Life Easier after an Accident

If you’ve been harmed in an accident as a result of someone else’s negligence, then there is a great chance that you’ll turn to the insurance company of the liable party for compensation.

Here are the things you ought to know about insurance claims following your accident. Insurance Claims After an Accident: The Basics by FindLaw has the info:

The Insurance Claims Process

Whether you were injured in an automobile accident, at a home or building, or while visiting a business, you typically must report the incident to the insurance company within 24 hours of the incident. If you weren’t at fault for the accident, you should contact the insurance provider of the business, building owner, or at-fault driver. You’ll probably be required to provide information about the cause of the accident and the extent of your injuries.

The insurance company will then open an investigation of your claim. You may be asked to provide photos of the accident scene, the names of any witnesses, or a more detailed account of the incident. In addition, you will probably have to submit to an independent medical examination by a doctor of the insurer’s choice. If the injury was caused by a building condition, the claims adjuster may make an inspection of the property.

After calculating the value of your claim, the insurance company will then issue a settlement check. If your claim is denied or if you believe the amount of the settlement is inadequate, you can appeal to the insurance company. An appeal may require you to submit to additional examinations or provide further information and evidence about the accident.

Insurance Claims: Showing Proof of Liability

If you’ve been harmed in an accident due to somebody else’s act, then there’s a good possibility that you will consult the liable party’s insurer for compensation. However, to get relief from them, it’s essential for you to establish that the other party was liable for your injuries and the accident. This article tackles proving liability in insurance claims.

The word ‘copyright’ highlighted in a dictionary

Burden of Proof

In any personal injury case, the individual seeking to get compensation has what’s called the “burden of proving” that the accused is responsible by “preponderance of the evidence.”

The plaintiff (injured party) should, therefore, show that it’s more likely than not the accused caused the accident which resulted in your injury. The injured party can meet their burden by providing detailed evidence regarding the accident and their ensuing injuries, and by demonstrating how the facts their case fit within the set rules that govern negligence claims.

Nearly all insurance claims will vary according to the plaintiff proving that the accused was negligent. Negligence needs demonstrating the existence of the following elements: the accused owed a duty of care to the victim; the accused violated that duty of care by behaving unreasonably; the accused’s unreasonable behavior resulted in an injury; and that the victim was truly injured

Now that you have some knowledge about the basics of insurance claims, let us proceed to Showing Proof of Injury liability in an Insurance Claim by AllLaw. The article talks about proving the fault of the injuries you sustained for an insurance company to pay you for damages.

After establishing that the defendant owed a duty of care, the plaintiff must offer evidence to prove that the defendant breached that duty.

This requires producing evidence that the defendant failed to act as a reasonably careful person would have acted in similar circumstances. In car accident claims, a plaintiff can show a breach of duty by producing a police report in which the defendant was cited for violating specific traffic safety laws. Other evidence that a car accident claimant might introduce would be the report of an accident reconstruction expert who can show that the defendant’s conduct was unreasonable and unsafe. The plaintiff might also present photographic evidence or the evidence of witnesses to the scene who may be able to testify that the defendant was operating his vehicle in an unsafe manner.

In a slip and fall case, the plaintiff may be able to prove breach by showing that the defendant knew of an unsafe condition on its premises, but failed to either warn the plaintiff or take steps to remedy the condition. This might be proved by presenting evidence of similar accidents that had occurred on the same property.

Showing Breach of Duty

In personal injury, the duty of care is the legal obligation of the defendant to behave with reasonable caution for the safety of the plaintiff. The duty of care is sometimes simple to establish.

For instance, in vehicle accident claims, the accused owes a duty to use his motor vehicle carefully always, which may take in specific requirements like following at a safe distance to prevent rear-end crashes.

Slip and fall claims will handle another form of duty of care. For instance, a store is obliged to maintain sensible safety measures for its clients or customers, but the store does not have a duty to tidy its sidewalk of ice or snow. The duty of care to a plaintiff could also vary upon the plaintiff’s legal status. For example, a homeowner has a different duty to an individual trespassing on his property than the homeowner would to a social invite.

The victim can show the duty owed by the accused in various ways. In car insurance claims, the duty of the defendant could be established by a law compelling the use of an “assured clear distance” or turn signals. In slip and fall claims, the plaintiff could show the duty of care owed by demonstrating that he was a paying client and thus entitled to an increased duty.

Showing Violation of Duty

After showing that the accused has a duty of care, the victim must provide proof to establish that the defendant violated that duty.

In slip and fall claims, the plaintiff could prove the violation by establishing that the accused was aware of a dangerous condition on its grounds, but unable to warn the victim or take measure to fix the condition.

Check out more about insurance claims in a personal injury case by clicking on the article above.



Warning – Asbestos Injury in the Workplace

Each day, around 1.3 million Americans go to a certain workplace where they are exposed to huge amounts of asbestos, as stated by the OSHA. For many years, the connection between asbestos and severe health problems such as mesothelioma has been established.

However loads of employees have more queries than answers when it comes to asbestos. What’s asbestos? In which jobs are you almost certain to encounter huge amounts of asbestos? What measures can be taken to protect workers from mesothelioma as well as other health issues linked to such exposure? Here are a few answers.

Health Risks

Asbestos is a fibrous material that’s naturally occurring. Partly due to its durability as well as heat and flame resistance, asbestos has been used numerous industries and jobs for many years. However, long before its regard in many companies, asbestos became connected with health issues.

Over the many years, thousands of employees have developed a fatal asbestos-related disease known as mesothelioma.

Asbestos injury

The hazards of asbestos and its effects have been apparent for decades now. Everybody breathes in minute amounts of asbestos daily because it naturally occurs in the environment. However, as asbestos fibers can be breathed in, even brief exposure to huge levels of asbestos can cause breathing problems, coughing, and breath shortness.

Asbestos has been categorized as a cancer-causing (carcinogen) substance. Therefore, the most severe health problems come from continuing exposure to asbestos – particularly for older individuals who may have spent many years in the workplace prior to the advent of protective measures that help look after workers from most exposure to asbestos in the workplace today.

Serious health issues related to exposure to asbestos include:

  • lung cancer
  • mesothelioma (a cancer form that attacks the lining of the abdomen and chest
  • asbestosis (lung buildup and inflammation that can result in difficulty breathing, coughing, and long-lasting lung damage)
  • gastrointestinal and colorectal cancers, and
  • abnormalities (calcification and thickening) in the chest cavity lining.

Gavel and American flag, symbol for jurisdiction

Jobs That Have Risk of Exposure to Asbestos

Even now, decades following the advent of health problems about asbestos as well as the increase in deadly asbestos-related illnesses such as mesothelioma, asbestos exposure is still rather common (even necessary) in a few lines of work. Here’s a list of occupations that have usually seen employees exposed to huge amounts of asbestos:

  • construction, renovation, or demolition of commercial and residential buildings
  • shipbuilding
  • mining
  • paper mills
  • cooling and heating equipment repair
  • auto repair (especially clutch and brake repair)
  • manufacture of asbestos-containing products
  • roofing, and
  • janitorial jobs in structures that contain failing asbestos.

Workers’ Rights to Asbestos Exposure Protection

If as part of your job, you work around or with huge levels of asbestos — or if you are worried about asbestos exposure in the workplace — speak to your union or supervisor about any health problems and the measures being taken to reduce those risks.

The OSHA and other safety organizations are intended to monitor and regulate asbestos exposure on the job carefully – they even establish permissible exposure restrictions for various kinds of industries. So the odds are that if your job does implicate exposure to huge amounts of asbestos, then your employer is lawfully obliged to take measures to protect you and your workmates from any health problems involving asbestos.