Thursday, December 7, 2023

Suing For Negligence With Injury

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Is It Worth It To Sue A Company For A Work Injury

What You Can Claim for Personal Injury Compensation (Ep.42)

If you have grounds to file a lawsuit, it will almost certainly be worth it to sue a company for your work injury. Work-related injuries can be incredibly expensive. Your medical bills, lost wages, and other expenses can add up very quickly. Filing a lawsuit also allows you to seek compensation for your post-traumatic stress, pain and suffering, and loss of enjoyment of life.

Statute Of Limitations For Suing A Texas Government

On any personal injury claim, Texas applies a two-year statute of limitations. If your lawsuit is not filed within two years from the date of the accident, you may lose the right to bring a claim.

Two years may seem like plenty of time, but investigating an accident, gathering evidence, and preparing a personal injury lawsuit take time. There are many ways for those on the other side of the table to obstruct our efforts or create delays in hopes of running out the clock on a personal injury case.

Violation Of Public Policy

Public policy is the system of laws and values that guide our society. If youve been fired in violation of public policy, it is frequently in retaliation against you for:

  • Exercising a legal right, like the right to vote
  • Filing a compensation claim, such as workers compensation
  • Reporting the employer for wrong-doing, sometimes called whistle-blowing
  • Refusing to do something illegal, like lying to a government inspector

Visit the National Conference of State Legislators website for a chart of each states wrongful termination policies.

When these exceptions can be proved, a wrongfully terminated employee may be able to sue the employer. In these cases, your lawsuit against an employer can include compensatory damages for past and future lost wages, related out-of-pocket costs , mental anguish, and punitive damages.

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What Is An Appeal

An appeal is the request to have your case heard by a higher court. Depending on your state, this might be the Superior Court or the Supreme Court of Appeals. This is not the same thing as a new trial. You cant present new evidence or arguments. Instead, an appellate judge will review the records and evidence from the trial to determine if the court made the right decision.

Before you decide to appeal, find out who is responsible for paying the attorneys fees and court costs. You might get left with the bill depending on your state. This is why many attorneys wont file an appeal unless they know they can win.

Damages Available In A Personal Injury Lawsuit

Get The Most Out of Your Personal Injury Lawsuit Settlement

After an accident caused by the wrongdoing of another person or company, there are a variety of different types of compensation that you may be entitled to receive. The at-fault party could pay:

These types of compensation can make an accident victim whole for his or her losses, or put the victim back into the position he or she would have been in if the accident had never happened.

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Can You Get Fired If You Sue Your Employer For A Work Injury

Understandably, many workers have questions about what it will mean for their job if they sue their employer. This can be a delicate situation, and it will be important to work with an experienced attorney as you move forward.

Generally speaking, employers cannot retaliate against their employees. For example, if you were to file a workers compensation claim, your employer wouldnt be able to fire you because you chose to assert your legal rights. If you file a lawsuit outside of workers compensation, the same basic principles apply, although there are some practical issues to come into play.

If you file a lawsuit against your employer, your employer might understandably think that you no longer have the companys best interests in mind. If this is the case, your employer might have grounds to terminate your employment. Additionally, if you would have been fired anyway, your employer is not required to keep you on its payroll after you file a lawsuit. In other words, suing your employer does not give you any additional rights to maintain your job.

At the same time, employers cannot use pretexts to terminate their employees who file work injury claims. This means your employer cannot say it is conducting a standard reduction in force when in fact it is retaliating against you. As you can see, this can get complicated quickly, and the best thing you can do is talk to an attorney about your individual circumstances.

How To Establish Negligence Or Lack Of Reasonable Care

Negligence comprises five elements. These elements are:

  • Duty.
  • Harm.

To prove a case of negligence, your lawsuit must establish:

  • A legal duty existed that the defendant owed to the plaintiff .
  • The defendant breached that duty.
  • The plaintiff suffered injury .
  • The defendants breach caused the plaintiffs injury.

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Your Basic Guide To Suing Someone:

Generally, when considering whether or not to sue someone, you have to ask three questions:

  • Is someone dead?
  • Is someone injured?
  • Is someone else at fault?
  • If someone is dead or you are injured, then you may be entitled to compensation. It really depends on if you or someone else was at fault. If someone else was at fault for your injury, then the law makes it possible for you to become whole again through bringing a lawsuit.

    How To Prove And Sue For Negligence In A Car Accident

    Personal Injury Lawsuit Process: What’s the timeline for a personal injury lawsuit?

    Below are the elements a victim needs to prove and sue for negligence in a car accident case in Michigan:

    • The driver who caused the accident that resulted in the victims injuries was negligent
    • The accident victim suffered an injury as a result of the negligent driver
    • The drivers negligent driving was a cause of this injury
    • The injury is a natural and probable result of the negligent driving
    • Damages resulting from an accident victims injuries which may be pain and suffering compensation, excess medical expenses, and/or economic loss

    Importantly, in Michigan there is an additional element that is required to recover for pain and suffering from a lawsuit. Michigan is a threshold state in addition to being an auto No-Fault state. This requires an injury victim to satisfy the tort threshold for serious impairment of body function.

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    What Must Be Proven In A Claim Or Court Case

    To support a claim of negligence in a personal injury case, you must show that the negligent party owed you a duty of care, that he or she violated that duty, that the breach of duty caused your injuries, and that you incurred economic or non-economic damages due to the injuries, such as medical expenses, loss of earnings, pain, suffering, emotional trauma, and similar losses. All of these factors must be documented and presented in your claim to an insurance company or in your lawsuit against the negligent party through the courts.

    At the Law Offices of Haleh Shekarchian, we are fully versed in all of the legal factors involved in pursuing a claim of negligence on behalf of our clients. We have considerable experience in this field and have recovered millions of dollars in damages for clients throughout Southern California, including those in the counties of Los Angeles, Orange, San Diego, San Bernardino, Riverside, Ventura, and Santa Barbara.

    The Limits Of Immunity: Bad Faith Conduct By The Police

    Althoughboth the Arkansas and Colorado statutes provide civil and criminalimmunity to officers who make domestic violence arrests in good faithand for good cause, an officer who makes an arrest in bad faith losesthe protection provided by the laws. This officer may have to answer toa criminal charge and a civil suit. This means that an officer whonormally would be one of the prosecutorâs main witnesses in a domesticviolence prosecution might instead find himself charged as adefendant in a separate case and have to defend against allegations ofimproper or even illegal conduct. As for the original case against thedomestic violence suspect, the prosecutor may decide to make a favorableplea offer or even dismiss the case if the officerâs conduct wasparticularly questionable. So, while officers will normally be protectedfrom a lawsuit or criminal charges, arrests based on an officerâsmaliciousness or other improper motive may cause the officer to losethose protections.

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    Your Timeline For Receiving A Financial Award

    Legal principles and guidelines will govern a case for financial recovery. In addition to proving that your case meets the five elements of negligence, you may also have to produce specific and detailed paperwork and documentation to support your claim.

    Time matters in your ability to receive monetary compensation. Every state has different guidelines for how long an individual has to file a personal injury or wrongful death claim. For example, Florida Statutes allow up to four years from the date of when an injury or fatality occurred, while Tennessee only allows one year to pursue damages.

    Your allotted time may pass quickly when you are healing from your injuries or helping to care for an injured family member. A lawyer may act as your advocate and can build your case while you concentrate on your physical health and wellbeing.

    What You Need To Prove To File A Car Accident Claim

    Pain &  Suffering

    To hold another driver liable for the repair or replacement of your vehicle, you will need to prove negligence and fault. This evidence requires proving three things:

    • The driver had a legal obligation to follow certain rules of the road.
    • The driver failed to uphold this obligation and caused the accident.
    • You suffered financial damages as a result of the accident.

    A car accident attorney may be able to help you with the process of securing and preserving evidence to support your claim and negotiating a fair settlement with the insurance company. They can help ensure that the insurance company does undervalue your payout.

    Complete a Free Case Evaluation form now

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    S To Suing The Police

    Suing the police is a long, arduous task that takes much skill and experience. The initial step in any case is to consult with a qualified civil rights attorney who can tell you what you need to know about your case and chances of winning in court. Preserving evidence and documenting everything that pertains to the incident is vital. Take pictures, keep and preserve clothing and all items resent during the incident, and secure witnesses who say the altercation and alleged abuse. Hire a qualified attorney to help you file complaints with the police department as well as the United States Department of Justice and the United States Attorney Generals office.

    Being abused by a police officer is as traumatic mentally as it harmful physically. It leaves you feeling helpless and afraid of your own environment. There are options for citizens who find themselves abused by police. A qualified attorney can help you get your life back to normal.

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    Employers Intentional Or Egregious Conduct

    Workers compensation laws almost always prohibit injured workers from suing an employer, even in cases of employer negligence. An exception is made when the employer engages in intentional or egregious conduct.

    An employee must prove the employers actions were deliberate and certain to result in the employees injuries. While most states allow an employee to sue for egregious or intentional conduct, ten states do not.

    States that dont allow an employee to sue for egregious conduct:

    • Alabama
    • Virginia
    • Wyoming

    Federal employees are also prohibited from suing the government for claims of employer intentional or egregious conduct.

    Example: Exploding Grease Fryer Injures Worker

    Jack worked for a New Jersey-based fast food franchise. Jacks normal duties included preparing fried food for customers.

    Several employees had complained to the manager that the food fryer was malfunctioning and sometimes spewed hot grease into the air. The manager ignored the complaints.

    Jack was about to drop French fries into the fryer when it exploded, covering Jack with hot grease, causing third-degree burns. Jacks injuries were horrifically painful and left him permanently scarred.

    His employer told Jack that workers compensation would take care of his medical bills and partial lost wages while he was recovering.

    Instead, Jack retained an attorney who successfully sued Jacks employer based on intentional and egregious conduct .

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    What Is Proof Of Hostile Work Environment

    In order to meet the first legal standard of proving a hostile work environment, an employee must prove that: the harassment was unwelcome was based on the employee’s status in a protected class the harassment was sufficiently severe and pervasive enough to alter the conditions of her employment …

    The Prison Litigation Reform Act

    What is negligence?

    The Prison Litigation Reform Act is a federal law that requires inmates to exhaust all administrative remedies before theyre permitted to file a personal injury lawsuit.

    To put it simply, before you file a lawsuit, you must first try to resolve your complaint through the prisons existing grievance procedures. Unfortunately, there are currently no regulations governing prison grievance processes, and many prisons have made their procedures so complex that inmates have been discouraged from pursuing claims.

    Enjuris tip:

    If you file your lawsuit before giving the prison the opportunity to resolve the issue, your lawsuit will likely be dismissed.

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    Who To Sue For Negligence

    In cases of child sexual abuse and sexual assault, survivors may sue involved institutions and organizations for negligence. This may include religious organizations, youth organizations or schools.

    Suing an entity for negligence can be a path to justice for survivors. It may also help prevent further incidents of abuse. A negligence claim exposes the failings of the institution that allowed the actions of individual abusers.

    When Companies Are Negligent

    Motor vehicle accidents are just one example of negligence. It can also occur due to the reckless actions of a company, who is then held liable in a lawsuit for the medical expenses, lost wages, and other costs you incur. The following are two common kinds of cases involving negligence on the part of companies:

    • Premises liability claims: This is when a property owners negligence results in personal injuries for invited guests or visitors. Examples include slips and falls on wet floors or getting struck by or against objects due to improperly stocked shelves or poorly attached fixtures.

    • Product liability claims: This is when mistakes or errors in the design or manufacturing process result in dangerous or defective products. It can also happen when manufacturers fail to provide proper instructions for use or warning labels on packages and when distributors fail to pull recalled items off shelves.

    A daycare center in Aiken recently made national headlines when it was sued for negligence. According to a December 1, 2021 Newsweek report, the lawsuit alleges that one of the staff members behaved abusively towards a child in their care. While the daycare center management fired the worker, they were negligent due to not informing the parents, so they could receive treatment for the child. Worse, they attempted to hide the incident in the aftermath.

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    How To Sue A Police Officer Or Department

    Each state has its own rules for how to file a lawsuit against a government agency or employee. Bear in mind that if you were subject to excessive force by a police officer, there might be both civil and criminal legal actions.

    As a private citizen, you cant charge a police officer with a crime only law enforcement and prosecutors can do that. If an officer is charged with a crime based on your interactions with them, you might be called as a witness or asked to make a statement as evidence.

    But its your decision whether or not to file a civil claim.

    If you are considering a lawsuit, find out the statute of limitations for suing a government agency in your state. A statute of limitations is the amount of time you have to file a claim, and sometimes its different for a government than if you were suing a person or company.

    Enjuris tip:

    Regardless, youll want the right attorney to handle your lawsuit. It wont be easy, but many lawsuits against police officers or departments are able to reach a settlement because the department doesnt want the negative publicity surrounding a trial.

    The Enjuris law firm directory is one place to start looking for a lawyer in your state who can handle your case.

    Have I Suffered An Injury

    When is Suing for Personal Injury Appropriate?

    In order to have a successful legal malpractice case, it is not enough to say your lawyer screwed up. Additionally, you must have suffered damages.

    Typically, injured clients suffer financial losses as a result of legal malpractice.

    For example, your lawyer might have missed a deadline in your car accident case, leading to your case being dismissed. Had the lawyer properly filed your paperwork, you would have been able to pursue compensation for the injuries you suffered in the collision. In a legal malpractice lawsuit, you can ask for the compensation you would have received but for your lawyers professional negligence.

    Realize that the courts do not entertain legal malpractice cases just to tell lawyers they are bad at their jobs. However, you can always file a complaint with the states grievance committee if you think your lawyer is unethical.

    If you think your lawyer has committed a crime, you can also call the police to investigate.

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    Failure To Carry Workers Compensation Insurance

    Every state requires employers to carry workers comp insurance or an equivalent form of self-insurance protection for workers.

    Under the no-fault workers comp system, an injured employee doesnt have to prove the employer was negligent. The injury alone is enough for workers comp to pay the employees medical bills, out-of-pocket expenses, and partial lost wages. In return, injured employees give up the right to sue their employers.

    An employers failure to carry workers comp insurance subjects the company to substantial fines and penalties and gives an injured employee the right to sue.

    Unlike a workers compensation claim, a personal injury lawsuit allows the employee to pursue a wider range of damages, including total lost wages, and pain and suffering.

    Punitive damages, meaning an additional amount of money intended to punish the employer, may also be awarded in extreme cases of an employers reckless disregard for safety or gross negligence.

    Example: Back Injury with No Workers Comp

    Andrew worked on the loading dock for a small delivery company. He assumed the company carried state-mandated workers compensation insurance.

    Andrew was loading one of the delivery trucks when his back gave out. An MRI showed he had a herniated disk. When Andrew asked for the workers comp insurance information, his supervisor told him the company wasnt insured.

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