The Most Important Advice for Winning a Personal Injury Case

Personal injury is often misunderstood because it covers such a wide area of legal claims. What is and is not personal injury can be confusing, but it is defined as a wide range of circumstances where one party’s negligence or deliberate action causes harm and injuries to the mind, body or emotions of another party. Personal injury is one of the most common types of legal cases filed, and women file as many personal injury claims as men.

A personal injury case is a civil case meaning the objective in a personal injury case is for financial compensation from the defendant. Since there is no criminal element in the case, the defendant cannot receive jail time if he or she loses the case. Also, since it is a civil case, the burden of proof for personal injury is much lower than in a criminal case. To win, the plaintiff lower must prove fault based on a preponderance of the evidence, rather than reasonable doubt which is required in a criminal case.

The important components necessary for a plaintiff to win a civil case is for the plaintiff must show that:

  • the injuries were caused by the defendant’s behavior,
  • that the defendant’s behavior was reckless, willful, or negligent, and
  • that the injuries caused by the defendant have a financial impact to the plaintiff that can be quantified.

Personal injury lawsuits are so common partly because personal injury can happen in nearly any circumstance. They are most often however filed for defective products, traffic accidents, medical malpractice, assault, and slip or trip and falls on private and public property. The injuries sustained from personal injury may be physical, mental or emotional and can be short term or lifelong. The damages sought in a personal injury case will seek to cover medical bills, loss of work, pain and suffering, impaired or diminished quality of life and other things that have occurred due to the injuries caused by the defendant.

When a plaintiff brings a personal injury claim, there are important things to do that will greatly improve the odds of winning the case, Here is a short list:

Hire a Good Local Personal Injury Lawyer

You must hire an attorney in the jurisdiction where the personal injury occurred. For instance, if you were injured in a car accident in Miami, you must hire an attorney licensed in Florida, and it is best to hire a good personal injury lawyer in Miami because they know the court system in that city and can do the best job for you. Your lawyer will instruct you on all of the necessary things that you both need to do to win your case.

Make Sure You are Prepared

Your personal injury case will include hundreds of big and small details. You will be required to recall every event and circumstance related to your injuries while the defendant will try and prove that the fault was yours. You must be completely prepared with all of the facts. This means that you must take good notes regarding the car accident; get a police report, take down and contact any witnesses, and take all of the details and personal information from the defendant and anyone else involved in the car accident, and any witnesses to it as well. You need to notate all of your doctor and rehab visits and those with your attorney as well. Also keep a record of the work you lose because of your injuries and the loss of quality things in your life including intimacy.

One additional major aspect is the mental anguish you can sustain. Car accident victims often develop phobias, anxiety, and other mental issues when they are in a bad car accident. You can receive compensation for these issues as well so you should note them. Being well prepared for your personal injury case with great notes will help your lawyer make your best case and get you the most compensation.

Hire a good local lawyer and take good notes and it will greatly improve your chances of winning your personal injury lawsuit.

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Road Safety in 2016: Top 10 Causes of Car Accidents in the US

Within just a few days it will be the official first day of spring and within just a few weeks the weather will turn warm and sunny. During late spring and early summer, an increased number of motorists hit the road after being cooped up all winter due to snow and freezing temperatures.

This year, take the time to re-check your road safety tips to ensure that you, your passengers and occupants of another vehicle are safe from crashes that could have been avoided. As a preventative measure, read and understand the following top 10 causes of car crashes in the United States.

First Some Gruesome Statistics

According to ASIRT, The Association for Safe International Road Travel, more than 37,000 individuals will lose their lives in car accidents in the United States each and every year. In addition to that, it is estimated that almost 2 million others will be injured or become disabled as a result of a car crash. Here is where it gets really sad, although loss of life is sad at any time:

  • More than 1600 of those that die every year will be children under the age of 15.
  • Of those that die in car crashes, almost 8,000 deaths involved drivers between 16 and 20 years of age.
  • Of those US citizens traveling abroad, car crashes are the leading cause of death in foreign countries.

And if those statistics aren’t gruesome enough, consider the cost. It is estimated that driving accidents cost US taxpayers almost $231 billion each and every year. Not only is there a cost in human life but a financial cost as well.

Leading Causes of Crashes in the US

Although these may be off by a place or two in the actual ranking, the only one that is for sure would be that in the number one position as the leading causes of crashes. The top ten causes of car crashes in the US according to the latest statistical data released by the Department of Transportation include:

  1. Distractions while Driving – Typically this is due to illegal use of cell phones but other causes include reaching over to tune the radio, talking to passengers and believe it or not, lighting a cigarette while trying to handle the wheel. Many driving teachers suggest using disposable e-cigs that can simply be puffed with no distractions as they aren’t ever lit up.
  2. Over the Speed Limit (Speeding) – Many times the driver is going anywhere from 10 to 30 miles (or more!) above the speed limit and it is a fact that driving fast does reduce reaction times. Want to avoid an accident? Obey the speed limits.
  3. DUI (Drunk Driving) – Each state has a legal blood alcohol limit but no matter what it is, the rule of thumb is that even if you’ve had a single drink you should let someone else do the driving.
  4. Reckless / Careless Driving – This can be the result of a number of careless behaviors when behind the wheel. From speeding to improper change of lanes to tailing too close, if you are not obeying the traffic laws, chances are you are being careless.
  5. Weather (Especially Rain) – Not only does heavy rain create poor visibility but rain on oil-slicked roads makes it difficult to stop on the drop of a dime. Snow and high winds are also weather-related causes of traffic accidents but not nearly as numerous as those related to rain.
  6. Failure to Stop at Traffic Lights – What needs to be said about running a red light? If you fail to yield the right of way while another car is traveling through the intersection, an accident will probably ensue with you being at fault.
  7. Failure to Obey Stop Signs – Next in line is failing to stop at stop signs. Just as in failure to yield the right way at red lights, failing to stop at stops signs is a leading cause of crashes.
  8. Teen Drivers – No one is singling out teen drivers to be mean. The reality is that they are simply inexperienced and typically more careless than older, more seasoned drivers. With age comes experience so if you are a teen, it is better to be slow than sorry. Slow down, learn the rules of the road and be patient. Good driving will come in time.
  9. Impaired Vision of Night Driving – Typically it is elder drivers who have trouble with night vision but there are younger adults who also suffer this impairment as well, so if you have trouble seeing at night either find an alternate driver, wait until daylight to travel or simply slow down and take it easy.
  10. Defects within the Design of the Vehicle – Every day you hear of a class action lawsuit involving recalls that were never made. Defects within the design of the car come in as number 10 in the leading causes of traffic accidents in the United States.

So here you have the top ten causes of car crashes in the United States and some pretty gruesome statistics. Don’t leave yourself open to being on the wrong side of the coin so learn these causes and work to avoid them. Your life and the lives of those you love could depend on it.

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