Victims of personal injuries may have a viable claim against the party that caused their injuries. However, the circumstances of the injuries could come into play when filing a legal claim. The victim must prove that the defendant caused their injuries and the victim played no role in causing the event that produced the injuries. When reviewing these cases, it is vital to consider all angles and how the defense will try to dismiss the case. Personal injury laws are applied according to how the victim sustained their injuries.
Dog Bite Cases
Pet owners are required to maintain control over their pets and reduce the potential for accidents and injuries. Most states have leash laws and require pet owners to keep their dogs in enclosures when they are outside. They must also follow precautions when inviting anyone into their home to prevent someone from getting injured by their pets. If the pet owner allows the visitor to become injured due to their own failures, that owner could be deemed liable for the dog attack.
After a dog attack, the victim must prove that the dog injured them, that they had a legal right to be at or inside the property, and the pet owner is liable for their injuries. The victim can seek compensation for their injuries and their medical expenses.
However, when managing the claim, the defense will determine if the victim provoked the animal or if they are guilty of animal abuse. If the victim played any role in their attack, the defense can discredit the case altogether. Victims of a dog attack learn more about these cases by visiting lawboss.com now.
Wrongful Death Cases
In a wrongful death case, the victim’s family files a claim against the individual believed to have caused the victim’s death. It is a civil case where the family could win a monetary award that covers all economic losses related to their loved one’s death. This includes medical and funeral costs mostly, but in some jurisdictions, the family can seek compensation for loss of financial support or companionship.
The family must prove through an autopsy that the personal injury sustained in the accident or crime were the exact cause of death. They must have evidence linking the defendant to these injuries, and they must prove that the defendant is liable.
This is not the same as a criminal case against an accountable party where criminal charges will apply. In a civil case, the outcome is strictly monetary. However, if the fatality was linked to a criminal case, the victim’s family or estate could receive restitution.
Car Accident Cases
In car accident cases, the plaintiff must prove the at-fault driver caused the accident or at least the portion of the accident where the victim sustained personal injury. When starting the case, the attorney needs medical records from the victim that detail their injuries from the auto accident, and they need invoices from the victim’s doctors that show all their medical costs.
Auto repair costs are included in the claim, and most victims should get at least three estimates for the repairs as they would when filing an insurance claim. If the victim lost wages during their recovery, they need financial statements from their employer.
The plaintiff will need witnesses to substantiate their view of the accident, and it is vital to determine if the plaintiff committed any moving violations during the accident. If they did, the defendant can use these violations under comparative fault rulings and indicate that the victim shared the blame for the auto accident.
If comparative fault rulings are introduced, the court could decrease a monetary award by the percentage applied to each moving violation. If the victim receives a percentage over 50%, the court dismisses their claim.
In an 18-wheeler accident, it is necessary to launch a more profound investigation into what caused the accident. These accidents could have a multitude of outcomes and more than one defendant in a lawsuit. Since 18-wheelers and commercial drivers must comply with state and federal laws, the Federal Motor Carrier Safety Administration must evaluate the truck itself and review the driving log for the driver.
Premises Liabilities Claims
Premises liabilities claims emerge when a property owner fails to remove hazards from inside or around their property, and a visitor becomes injured. In the cases, the victim must prove that there wasn’t a possibility that the property owner couldn’t have known about the hazard. These cases are started against commercial property owners more often because of hazards in retail stores or in the parking lots that cause visitor injuries.
The property owner has the option to start a claim through their insurer to compensate the visitor. However, many claimants aren’t compensated because of coverage denials from the insurer. When this happens, the victim has a viable claim against the property owner.
Motorcycle Accident Claims
In a motorcycle accident claim, there are several factors that must be considered. For example, some states require motorcycle riders to wear helmets, and lane splitting is considered a moving violation. If the motorcycle rider was injured because they didn’t wear a helmet or committed a moving violation such as lane splitting, there is a probability of a dismissed case.
Too often, motorcycle riders are injured because they are in the driver’s blind spots, and the auto driver couldn’t see the rider. For instance, if the rider doesn’t ride with the flow of traffic and deviates from a turn, they could get hit by the automobile.
Victims of personal injuries must present clear evidence of the event that caused their injuries. Their evidentiary support must paint a picture of what happened and link the defendant to their injuries directly or be based on negligence.
Personal injury laws apply to the cases, and it is up to the victim and their attorney to prove without a doubt that the defendant’s actions or lack thereof produced the victim’s injuries. When examining the cases, the attorney must determine if the case is viable before starting the claim and going to court.