Personal Injury: Are You Entitled To Compensation? by Rex Bush

If you have been injured in an accident you may be wondering if you are entitled to compensation for pain and suffering.
To make a claim for pain and suffering you need: 1) injuries (typically shown by medical bills and records or photographs [such as of a scar]) and, 2) someone else must be “at-fault”. You can’t sue yourself for pain and suffering, even if you accidentally drove off the road.

Fault must be based on a specific theory of “Torts”. Torts is the branch of law that defines wrongful (civil i.e. non-criminal) conduct.

Most personal injury cases are based on one of the following torts: “negligence,” “strict liability” or “intentional act” .

Negligence

Negligence is the most common legal theory on which valid injury claims are based. One reason, of course, is that insurance companies will pay for injuries caused by negligence. Whereas, most insurance policies will not cover intentional acts.

Negligence is made up of four elements: 1) duty; 2) breach of duty; 3) causation; 4) damages (injury).

The “duty” is to act with reasonable care. Duty can be established by statute.

For example, traffic laws require a driver to stop at red lights. Running a red light violates the law and therefore is considered to be a “breach of duty”.

Causation, under injury legal principles, means that the breach of duty caused your injuries. If you already had neck problems, and they were no worse after the accident, then the accident didn’t cause your injuries. However, if the accident “lit up” (i.e. activated) or aggravated your preexisting injuries then the at-fault person (or his insurance company) must compensate you for that.

Insurance companies hire lawyers known as “insurance defense attorneys”. These lawyers are very good at finding prior undisclosed injuries and other weaknesses in your case. They will expend numerous hours and great expense to locate past medical records of claimants.

These records are reviewed by medical doctors who make a lot of money working for insurance companies. Insurance doctors often offer an opinion that 1) the claimant is not injured; or 2) if he is injured, the injuries did not come from the accident.

Strict Liability

“Strict liability” shows up most often in product liability cases–dangerous products. (And, in some states, dog bite cases.)

Strict liability, under injury legal principles, means damages (monetary compensation) can be awarded without negligence (duty and breach of duty.)

Injury law says a manufacturer of a product can be liable if its product has defects in workmanship, parts or other problems which cause the product to be defective when it leaves the manufacturer’s hands.

If the product is defective, then all others in the distribution chain (wholesaler, retailer) are also liable.

Intentional Torts

Intentional torts include e.g. “battery.” Battery is an action which is intended to, and does, cause harmful or offensive contact to another.

Years ago I represented a young woman who was beat up in Provo, Utah. The girl who did the beating suspected my client of going after her boyfriend. (This was probably true, and in the Old West may have justified a beating.)

However, today, in the Modern West, it is against the law to beat up girls who steal your boyfriend. And this was a classic case of the tort of “battery.” The beater intended a harmful contact on my client, carried out that intent and my client had injuries and medical bills to show for it.

We sued and tried this claim in front of a Provo, Utah judge. He found in favor of my client and awarded money.

The problem with intentional torts is that most insurance policies carefully exclude them. So, although my client was awarded money by the court, she never saw a dime. The defendant had no money or other assets.

Conclusion

To recover money for pain and suffering you need to follow the law of Torts. There may be other requirements in the state where you live such as a personal injury threshold for car accidents.

Disclaimer

This article is intended for informational purposes only. For specific advice on your case ask an attorney where you live.

About the Author
Rex Bush is founder of Bush Law Firm near Salt Lake City, Utah where he handles personal injury cases in Utah and throughout the United States and Canada. For information on personal injury issues visit his website: Utah Injury Attorney

What You Should Do if You are Involved in an Automobile Accident by Jerry Work

So you’re driving along in your car, minding your own business, listening to some tunes, feeling good, when all of a sudden…BAM! Everything is turned around. You hear the smashing of metal, and the breaking of glass as your entire body is jolted. Your first thought is what in the world just happened?
You’ve been in an auto accident, an all-too-common event that still catches most of us completely off-guard.

It does not matter how careful you are, or how good your driving skills. The chances that you will be involved in an auto accident at some point are very high. Just because you are a careful and attentive driver, that doesn’t mean the car behind you or in front of you has the same skills. So when an accident happens, you need to be prepared. The following describes the steps that should be taken right after an automobile accident occurs.

First things first, before you ever even step foot into your car, make sure your insurance is covered. In most states, it is a law that you must be insured in order to drive. Assuming your insurance needs are accounted for, make sure you have your proof of insurance in your car at all times. It is also an excellent idea to keep a few items for documentation purposes in case of an accident. This would include a pen and pad of some type, a cell phone, and a camera. Most phones these days have built in cameras, but if not, you may want to keep a disposable camera on hand.

Now back to the present, as you sit in your newly damaged car. If no one has sustained any injuries, and the cars are still drivable, the cars can be moved out of the road and to the side. It can be dangerous to leave cars in the middle of the road, and can create a situation that might cause more accidents. Also turn on your hazard lights.

Now call the police. In cases of a minor car accident, the police should still be contacted even if they do not respond right away. In cases where the police come, you should remain at the scene of the accident until the police leave or give you permission to leave.

At this point,

you should exit your car, and trade information with the other driver. You will also want to get the name of their insurance provider, policy number and the vehicle’s license plate number. It might also be helpful to write down the make and model of the car and notes about any damages or physical features of the car. You may find it helpful to use your camera (or cell phone camera) to take pictures of both cars and the damage done to each.

After the accident, you should file a report with your insurance company, even if the accident was minor, not your fault, or if you just choose not to have insurance fix your car. This will safe-guard you from any direct law suit that the other driver might file. You should also take care to not admit that an accident was a fault of yours, because it could take the responsibility away from your insurance company.

While automobile accidents can be frightening, if you follow the steps described above, you will be prepared to deal with the situation in an orderly manner. It is important to remain calm, and everything will work out fine.

About the Author
To talk to an experienced Los Angeles auto accident attorney, visit the Bisnar Chase Los Angeles personal injury lawyer

website or call 1-800-666-4701.

5 Things That Might Get You Out of Jury Duty by Wade Knoxville

Jury duty is almost universally despised in America. The notices informing us that it’s time to serve are met with moans and groans, pleas to reschedule, and dread in the days leading up. Amidst all this, people are constantly looking for ways to evade serving. And while it’s arguably unpatriotic to shirk this civic duty, it’s worth examining this from a strictly educational point of view. Why are some people picked by the defense and prosecuting attorneys to service on juries while others aren’t? Aside from ridiculous and outrageous strategies (like pretending to be a racist when the person being tried is a minority), what are some things that make people unattractive for jury service? Here are five:
1) Having an active-minded or research-oriented career

One of the things prospective jurors are asked is whether they can make judgments based solely on the facts and evidence presented in court. They are admonished not to base their opinions on anything other than those things - no conducting personal investigations or fact-finding outside of court. If either attorney feels that you will not abide by that rule, you will not be chosen. This helps explain why people in active-minded or research-oriented careers (such as freelance writers, journalists, or other lawyers) are rarely chosen as jurors. Both the prosecuting and defense attorneys assume these people will be unable to stifle their natural, investigative urges, and simply refuse to select them for the jury.

2) Living near the scene of the crime

Another trait that is desired in jurors is impartiality. The court needs to know that you will judge both parties fairly and with as little bias as possible. Almost immediately, this rules out people who live very close to the scene of the crime. By definition, these people have many preconceptions and biases about that area and the people there - possibly even the suspects in the crime. For this reason, such people are rarely chosen for jury service.

3) Being or appearing to be very busy

Jurors need to be able to devote significant time, focus, and mental energy to weighing the various arguments presented in court. This makes senior citizens, stay-at-home moms, and seasonally unemployed workers excellent choices for jury service. It also makes full-time college students, small business owners, and international businessmen poor choices for jury service. If you are in the latter group, you will still have to appear for jury duty, but it is highly unlikely you will be chosen for a jury if you reveal how busy you are when the attorneys question you.

4) Having or appearing to have mental/emotional problems

Jurors are required to be mentally and emotionally sound for obvious reasons. Imbalances in either area could severely impact a juror’s ability to impartially judge the case or even process the arguments being presented. For this reason, people who appear to be short-tempered, easily irritable, or otherwise emotionally unsound are rarely chosen for jury service. It is assumed by both attorneys that such people are unfit to serve and would be detrimental to the rendering of a proper verdict.

5) Having been the victim of (or knowing someone who has been the victim of) the crime in question

One of the first questions you will be asked as a potential juror is whether you have been the victim of the crime in question. (For example, if someone is being tried for sexual assault, you will be ask if you have ever been sexually assaulted.) You will also be asked if anyone you know has been the victim of the crime in question. If the answer to either question is yes, you will not be chosen to serve on the jury. Neither attorney will trust that you put your past aside during the case and you will in all likelihood be instantly dismissed from the courtroom.

About the Author
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Wade Knoxville