Oct 25, 2019 by
A duty of care is a legal obligation to exhibit a level of care that a reasonable person would exhibit given the circumstances. In tort law, a breach of the duty of care is called “negligence.” When one party’s negligence causes an injury, death, or loss, that party can be held liable for any resulting damages. The vast majority of paralysis injury claims are filed on the basis of negligence. ... [Read More]
Oct 22, 2019 by
There are three elements you must be able to prove in order to prevail in a nursing home abuse or neglect case. Those elements are liability, causation, and damages. In other words, you may have grounds for a claim if you can prove the following: The nursing home or a caregiver was negligent or intentionally harmed your loved one; The negligence or intentional harm resulted in an actual injury, death, ... [Read More]
Oct 21, 2019 by
To win any personal injury or wrongful death case, the plaintiff must be able to prove liability, causation, and damages. Proving causation means proving the injury or death would not have happened but for the defendant’s wrongdoing. While this is often straightforward after a car accident or slip and fall, proving causation can pose a challenge in a nursing home abuse or neglect case. This is because the victim usually ... [Read More]
Oct 20, 2019 by
This is a question that all personal injury claimants should ask; unfortunately, very few do—and unless you hire a dedicated attorney, you might not receive the insight you need to avoid critical mistakes. Our Riviera Beach pharmacy error lawyers will carefully explain exactly what you need to do (and not do) to prevent the disputes that often arise in these cases. Bear in mind that the defendant will be more ... [Read More]
Oct 19, 2019 by
Nursing home abuse and neglect take many forms. The facility might fail to provide residents with necessary mobility aids or a reasonably safe environment. A caregiver might physically or sexually abuse a resident, or exploit a resident financially. Although each case is unique, it is always necessary to prove liability in order to collect monetary damages from the at-fault party. The evidence your Port Salerno nursing home abuse attorney uses ... [Read More]
Oct 18, 2019 by
Damages in tort cases can be divided into two categories: compensatory damages and punitive damages. Any direct financial losses arising from the tort (economic damages) and the consequences that are not objectively verifiable like pain and suffering (non-economic damages) fall under “compensatory damages.” All successful tort cases will yield compensatory damages. Punitive damages, however, are only awarded in tort cases that involve particularly egregious behavior on the part of the ... [Read More]
Oct 17, 2019 by
Expert witnesses can play an important role in just about any kind of personal injury or wrongful death case, but it is particularly common for experts to be deposed in a nursing home abuse or neglect lawsuit. Such deposition is often essential for proving liability, causation, and damages. Read on to learn about a few kinds of expert witnesses your personal injury attorney might depose to strengthen your case: The ... [Read More]
Oct 10, 2019 by
Your spinal cord injury attorney in Fort Pierce will want to see any evidence and documents you have gathered that pertain to your claim. While it is certainly helpful to compile evidence before you meet with a lawyer, you should never put off your consultation just so you can gather documents. Your personal injury attorney can do this on your behalf, and because it is common for critical evidence to ... [Read More]
Oct 1, 2019 by
If you intend to bring a personal injury claim, you will have a duty to take reasonable measures to minimize the damages you incur. This is called “mitigating damages.” If you fail to mitigate your damages, the opposing party will likely contend that your financial recovery should be reduced. According to your personal injury attorney, there are many reasons why such a dispute might arise. Examples include: You Miss Doctor’s ... [Read More]
Sep 26, 2019 by
One of the biggest mistakes you can make if you intend to file a spinal cord injury claim is waiting too long to speak with a paralysis attorney. Many people try to take a conscientious approach by gathering lots of evidence before their legal consultation, only to find out that time-sensitive evidence that they overlooked has become unavailable. Don’t worry about performing an investigation of your own; your Wellington spinal ... [Read More]
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