A Personal Injury Lawyer Bristol TN Turns to Discusses Negligence in a Personal Injury Case?
Many actions for personal injury stem from harm caused by another. But what constitutes that type of action and is a concept that is worth exploring. Every day across America, victims suffer injuries, many catastrophic. If this harm is due to someone else’s action or inaction, a legal claim may be made.
From car accidents to construction accidents, dog bites, wrongful death, nursing home deaths and catastrophic workplace injuries, the Law Offices of Mark T. Hurt can represent you. In cases like these, you need a law firm with a wealth of experience in this area of law, to be assured of competent representation.
Elements of a Lawsuit
To bring a successful negligence suit, the plaintiff must show that each of the following five elements was present:
- A duty of care owed by the defendant to the plaintiff. It needs to be shown that some type of relationship existed between both parties, whether it be fellow drivers sharing the road, or an elderly patient under the care of a nursing home.
- A breach of that duty occurred. In other words, if it were not for the defendant’s action (or inaction) no harm would have resulted to the plaintiff. The idea of carelessness on the part of the defendant goes towards proving negligence.
- An actual causal connection between the defendant’s conduct and the resulting harm.
- A proximate cause existed. This means whether the harm was actually a foreseeable consequence of a defendant’s actions and therefore predictable and not remote.
- Damages resulting from the defendant’s conduct means an actual physical injury such as a traumatic brain injury in a car accident, loss of a limb in a motorcycle accident, bedsores on an elderly resident in a nursing home, or a child being bitten and mauled by a known neighborhood pet dog.
Conduct of the Defendant
When physical harm has occurred, the courts will look at the defendant’s behavior and compare their actions to that of a reasonable person. If what they did deviated or fell below what would be expected of a typical adult, they may be held liable for the harm caused. This is what is known as the “standard of care” evaluated in personal injury cases.
In the case of professions such as medicine and dentistry, if a doctor’s conduct with a patient falls below the standards of care of a reasonably qualified doctor in the same situation, this would equate to malpractice.
One final consideration when discussing negligence cases is determining when a case is, in fact, eligible to be filed based on when the negligent conduct or harm occurred. The statute of limitations for negligence claims in the majority of states often means that they must be commenced within two or three years after the incident occurred, depending on the laws of the state the parties live in. Consulting a personal injury lawyer in a timely manner is therefore important.
The lawyers at the Law Offices of Mark T. Hurt understand the complicated nature of these types of cases and the many layers, tangents, and the time frames involved. If you need the expertise of a personal injury lawyer Bristol TN clients trust to represent you and move forward with a solid case for a serious injury suffered, contact us today. There is no charge for the consultation, only gaining the benefit of meeting with an attorney who has experience with varied cases and who knows how the courts are adjudicating them.
Call today and talk to a personal injury attorney Bristol TN victims turn to at The Law Offices of Mark T. Hurt if you have been hurt by someone’s carelessness. Many times the victims of accidents are eligible for compensation by those responsible for causing their injuries. We can help you determine if you qualify for reimbursement for your damages. Our firm has collected millions of dollars on behalf of our clients. We offer accident victims a free consultation with a personal injury attorney in Bristol TN from our firm. During that meeting, you can learn how we may be of assistance.
Many people who have been injured by someone else’s negligent action have a valid personal injury claim but it’s rejected anyway. Why does this happen? As a Bristol personal injury attorney can tell you, insurance companies are notorious for refusing to pay out claims. Often it’s because they simply do not want to lower their profit margin.
One of the advantages of hiring a personal injury attorney Bristol TN respects is that they can deal with the insurance company on your behalf. Our attorneys at The Law Offices of Mark T. Hurt have a successful track record with negotiating fair settlements for our clients. The majority of the time, an insurance company may work with us. This is because the alternative is going to trial, and they would rather avoid the costs associated with fighting a lawsuit.
Common Personal Injury Claims
Regardless of how you were injured, we may be able to help you recover your damages. Any personal injury attorney Bristol TN residents rely on from our firm has seen any number of accident scenarios. Here are some of the most common:
- Slip and fall. When a person slips or trips and falls and is injured, the property owner can be held accountable under certain circumstances. A common scenario is a shopper in a retail store who trips on a display case that is difficult to see. Though the management was made aware of the hazard they did not mitigate it. A personal injury attorney Bristol TN community members hire can make a case that the store was responsible for causing your injury and should therefore cover your accident costs.
- Vehicle accident. If you were driving, walking, or were a passenger and were injured due to actions taken by a driver, you may qualify for compensation. An attorney from our firm can help you file a claim with the necessary documentation and proof to minimize the risk of you receiving a denial. We are also adept at understanding what damages can be claimed and the maximum amount of compensation you can collect.
- Workers compensation. If you were injured while on the job, even if you were not on your employer’s premises at the time, you likely qualify for workers comp benefits. If your claim was denied, a third-party was involved in causing your injury, or the benefits offered are greatly less than your accident damages, give us a call. We offer a free consultation to discuss your case with a skilled attorney from our firm.
Injuries While Using a Product
Many consumers are not really worried about how a product may hurt them, as they have faith that the item has been thoroughly tested and approved for safe use. It may be tragic to realize that a product you bought with full trust, ended up causing you substantial injuries and financial loss. Consumers may then consider taking legal action to recover damages in a product defect lawsuit.
How do I know whether I have a product defect case?
There are three common factors that are used to determine whether a person has foundation for a product defect lawsuit. Anyone who is interested in seeking compensation in such a lawsuit, may want to first get advice from a personal injury attorney serving Bristol, Tennessee. It can be immensely challenging to go up against a large company without insight from a legal professional who is experienced in representing clients in similar circumstances. It may be time to make an appointment with a Bristol, TN personal injury attorney if these three factors of product defect cases apply to your injury:
- The product was in a malfunctioning or defective condition, and was reasonably hazardous when used as intended by the consumer.
- The malfunction and/or defect must have existed when it was in the hands of the product manufacturer.
- The malfunction and/or defect must have been a proximate or lineal result of injury, when used as intended by the consumer.
Do I even stand a chance against the company who created the product?
It can seem daunting as an individual consumer to go up against an established company in a product defect lawsuit. However, it can vastly influence the outcome if you have a team of professionals who can offer legal insight, representation and strategy as you fight for compensation. Such lawsuits can be complicated, but are not impossible especially with help from a seasoned attorney.
What is perhaps one of the most important components of my case?
Whether or not you have sufficient and influential evidence is what may make or break your case. It is crucial that the consumer can bring forward impactful evidence that shows the link between using the product, how it defected, and the injuries that resulted. Examples of proof that could be useful in your lawsuit include things like medical documents for your injuries, receipts for out of pocket expenses, statements for earning loss, and witnesses who were there when you used the product. A personal injury attorney serving Bristol, TN can help you weave through and gather evidence that can be most impactful.
What if the product I purchased a long time ago, was old when I used it?
If a product appears odd and potentially dangerous due to being old, then the consumer should just throw out the item anyway. But in cases where the product appeared in good condition but caused injury, the consumer may still be able to hold the manufacturer responsible if the item was estimated to last a long period of time.
Common Defense Claims For a Personal Injury
When you are beginning the process of filing a personal injury claim, the entire thing may seem very open-and-shut. To you, it may be obvious that the other person was responsible for your injuries and that their insurance should pay for your damages. However, the defense will try to get out of paying you a settlement or will attempt to pay you the smallest amount they can. So, when you begin the process of filing your claim, you must consider what kinds of defenses they may come up with. It can feel overwhelming to think about your arguments and also think about what they may try to come up with. This is why it is paramount that you work with a lawyer you can trust, like a Bristol, TN personal injury attorney from a law firm like The Law Offices of Mark T. Hurt.
Preparing For Different Defenses
When you are getting ready to submit your claim, you should also prepare for possible defenses.
- Did you share any responsibility for the accident? This is an important question to ask yourself and one that your lawyer will likely want to know as well. If there is anything linking you to sharing partial responsibility in the accident, the other party will gladly try to point a finger at you. This is typically going to be one of the first arguments you hear from the other side. If the other party can successfully show that you were partially responsible, you can expect your compensation to be affected.
- Was there an assumption of risk? Another argument that many people like to bring up is known as an “assumption of risk.” This means that the person who was injured knew that they were getting themselves into a situation where they could be injured. This often happens in sports. For this to be a successful argument, you would have had to get injured in a way where the assumption of risk makes sense. For example, if you were boating and knew you could get injured falling in the boat, this is an assumption of risk. If you were wearing your life jacket but fell off the boat and the lifejacket malfunctioned, this is not necessarily an assumption of risk.
- Were you the one who caused the accident? In some instances, the defense may try to point the finger entirely at you by saying you were responsible for the accident, not the defense. It is important to have evidence showing how the situation occurred and what the other party’s responsibility was in the accident. Your lawyer will be able to help you gather evidence and possible police records if there are any.
Get Legal Help For Your Accident
When you are struggling to recover from your injuries and file a personal injury claim, know that you can get help from a law firm you can rely on. You should be able to take time to recover from your injuries without feeling that the legal weight of your personal injury rests entirely on your shoulders. Call a law firm you can trust today.
What are signs that I am the victim of medical malpractice?
As your Bristol TN personal injury attorney from The Law Offices of Mark T. Hurt can explain, when it comes to medical malpractice, there are many signs that your doctor has failed to treat you properly. If you feel like something is just not quite right about the treatment you are receiving or the diagnosis you have, it is wise to get a second opinion from another doctor and see if medical malpractice could be the culprit. Examples of ways that a doctor may commit medical malpractice include prescription mistakes, surgical errors, incorrect diagnosis, unreasonably delayed diagnosis, inappropriate treatment plan, and more.
How many other personal injury accident types are there?
Aside from medical malpractice, there are many other incidents that are categorized under personal injury law. Some examples of these include car accidents, slip and falls, birth injuries, wrongful death, product liability, premises liability, boating accidents, and more. Essentially, any accident where another person is at fault and a victim sustained injury is reason enough to consult with the lawyer about potentially filing a personal injury lawsuit. Victims may be entitled to compensation for their injuries, suffering, and property damage.
Can witness statements help my case?
Witness statements can surely help show that your side of the story is the accurate perspective. Ultimately, to have grounds for a personal injury lawsuit, you will need to have sufficient proof that shows how the other person was at fault. If successful, a victim may receive compensation for all they have endured. Depending on the personal injury accident you were involved in, there are certain types of witnesses that can be useful. For instance, if you were in a car accident on a public street, then it’s possible that bystanders had seen the collision happen and are willing to provide a statement to help your case.
Who is qualified to give my advice on my case?
The best person to speak to after being in a personal injury accident is an attorney who is experienced at handling cases like these. It’s only understandable that during this time you may have friends and family who want to offer advice and get involved so they can help your situation. But at the end of the day, the best person is someone who is knowledgeable about law, personal injury accidents specifically. An attorney can review your case, let you know if you have sufficient evidence to file a lawsuit, and then represent you as your case is being handled. A Bristol personal injury attorney can be your best advocate, and use strategy to yield the most compensation possible.
When is the right time to see a doctor?
The right time to see a doctor after an accident is as soon as possible. It is important to have your injuries treated immediately. By delaying care, you could be putting your health at risk. Depending on the accident you were involved in, you could have sustained serious injury that you don’t feel the full effects of yet. A visit to your doctor or the emergency room for an examination can uncover injuries you may not have been aware of. If you have further questions about what to do next, contact a Bristol personal injury attorney for assistance.
Contact Us Today
The Law Offices of Mark T. Hurt can provide you with a personal injury attorney Bristol TN offers by calling us at 276-623-0808.
“The law office exceeded my expectations by getting my reckless driving charge dismissed. Important things to note: The receptionist Carol was extremely amiable and even pushed the trial back a few months since I found them literally a day before my court date.”
We hired Mr. Hurt to help settle a worker’s comp injury case for my husband. Mark, Bart, and Mary worked tirelessly to resolve his case and reach a settlement we were pleased with. They were always available to answer questions and returned calls in a timely manner.