The Importance of Proving Negligence in a Personal Injury Claim

Whether someone is hurt in a car crash or injured in a slip and fall accident, the vast majority of personal injury claims require an injured victim to prove negligence. Learning about the legal concepts of duty of care and negligence can help you understand your rights and why it is important to have a seasoned attorney represent your interests. 

What is Negligence?

When someone fails to act with the proper amount of care that a reasonable person would exercise in the same situation, it is considered negligence under the law. Proving negligence goes hand-in-hand with the concept of duty of care, which must also be established in a personal injury claim. 

Duty of Care

People have a duty of care to act in a reasonable manner to avoid harming others. For example, when you get behind the wheel of a car you have a legal obligation to follow the rules of the road and drive safely. 

Achieving a positive outcome in a personal injury claim usually requires proving these four elements:

The defendant had a legal duty to the plaintiff to use reasonable care. For example, business owners have an obligation to keep their premises safe for all who enter. 

The defendant breached that duty by failing to act as a reasonable person should. For instance, a supermarket employee failing to clean-up a spill on the floor in a timely manner would be a breach of duty.

The defendant’s breach of duty caused injury or harm. In the grocery store scenario, a customer slipping and falling on the wet floor would be the “cause” of the injury. 

The victim suffered injury or losses that may be compensated by recovering monetary damages. Common types of damages include medical bills, lost wages, emotional distress, and pain and suffering are examples of damages. 

Gathering Evidence to Prove Negligence

Each case is unique, with multifaceted aspects that must be proven. Personal injury lawyers understand which types of relevant evidence are required to support the basis of your claim. For example, if you are involved in a car accident, evidence such as photos of the scene, pictures of your injuries, traffic camera footage, police reports, witness statements, and expert testimony from accident reconstructionists can help prove that another party was at fault for the crash and your injuries. When you are injured and trying to heal, collecting vital evidence and building your claim can be stressful and overwhelming. In cases where there is very little evidence, proving negligence can be daunting. 

Comparative Negligence in Pennsylvania

In Pennsylvania, the concept of comparative negligence is often applied in personal injury claims. This means that even if you are partially at fault for your injuries, you may seek compensation for damages as long as you were less than 51 percent at fault. It is critical to seek the counsel of an attorney in these types of cases. Insurance companies use all kinds of underhanded tactics to minimize or deny claims. If you are not knowledgeable about how comparative negligence may be applied, you may not recover any compensation for your damages at all. 

Personal injury cases are complex. After an accident or injury, it is vital to contact an experienced attorney as soon as you can to ensure your rights are protected. A lawyer can evaluate your case, advise you of your options, and help you move forward if a claim is warranted.

This blog was originally posted on https://www.pa4law.com/the-importance-of-proving-negligence-in-a-personal-injury-claim/

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Personal Injury Settlements Can Be Impacted Due To Covid-19

 

During the coronavirus pandemic, many people suffered injuries due to auto accidents, slip and fall accidents, and other ordinary accidents. If you were one of these accident victims, you may bring a personal injury claim against the responsible party. However, the COVID-19 closure of many offices and businesses, and other issues, may affect your case, according to top rated personal injury lawyers.

Please be aware that the court system has been shut down for the most part during the outbreak and is now slowly reopening. A personal injury case will take more time than usual to move through the courts. While it is true that most personal injury cases will be settled out of court, most cases undergo at least one court hearing before a satisfactory settlement is reached. You may need extra patience while awaiting such a court date.

Millions of Americans are feeling the financial strain caused by the pandemic lockdown. Perhaps you feel that you urgently need compensation for the injury you suffered in an accident, most particularly if you are unemployed. Although accepting a settlement quickly from an insurer would be tempting, avoid making this mistake. An early settlement offer is not the final offer, and it is in your best interest to wait. Consult with your attorney if you are under financial pressure to settle.

Should your case proceed to trial, you might encounter stronger resistance on the part of the insurer. The coronavirus pandemic has affected every business, and the insurance industry is no exception. Insurers will tend toward minimizing settlements and are likely to delay or use other tactics to keep their settlement costs down. Be prepared to proceed further into litigation than you might have expected previous to the pandemic.

If you are suing a business that is not currently insured, you are likely to face considerable challenges in collecting a settlement. An uninsured business may not be able to pay a settlement and may even file for bankruptcy. If that would happen, you would wait a long time to receive a settlement or you may never receive the full settlement amount.

If you have been in a car accident, it is possible that the other driver has not kept up with insurance premiums due to unemployment or the recession. The other driver may be uninsured, which complicates your situation as the injured party, according to car accident lawyers. You may need to pursue benefits through your own uninsured/underinsured motorist policy with your insurer. If this should be the case, remember that your own insurer is now an “adverse party” and not “on your side.” Consult with your attorney about the best strategies and practices.

It is important that you receive medical treatment for your injuries, and during the pandemic you may have felt reluctant to visit a doctor or hospital. You must seek medical treatment as recommended by your doctors. Documenting that you have received care is extremely important to your personal injury case. Of course, always follow CDC guidelines on wearing face masks, social distancing, and so on.

Even if you are actively seeking medical treatment for your injuries, you may find there are delays in receiving medical appointments because health care providers are overwhelmed with coronavirus patients. This could mean you should postpone filing or settling your personal injury case. Your attorney will guide you in these important decisions.

Personal injury cases are more complicated in the era of COVID-19. Don’t delay making an appointment with an experienced personal injury attorney to discuss your case and the critical next steps.

This blog was originally posted on https://www.pa4law.com/personal-injury-settlements-can-be-impacted-due-to-covid-19/

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All You Need To Know About Medical Malpractice Lawsuits For HIPAA Violations

 

We all know that the Health Insurance Portability and Accountability Act (HIPAA) protects our right to privacy of medical information. That is why doctors’ offices, medical labs, hospitals and pharmacies have changed some ways of doing things to protect our right to privacy, according to top medical malpractice attorneys. If one of these health care providers fails to protect your private medical information, can you sue for a HIPPA violation?

The short answer is no. HIPPA itself precludes any “private cause of action.” Even if the health care provider clearly did not abide by HIPPA rules and you suffered some harm as a result, a private individual cannot sue under HIPPA. Only the federal government can assess penalties against a healthcare provider for violating HIPPA.

If you believe HIPAA Rules have been violated, you (and all patients) can file complaints with the federal government and in most cases, complaints are investigated. The complaint must be filed with the Department of Health and Human Services’ Office for Civil Rights (OCR). Complaints must be filed within 180 days of when you discover the violation.

You may choose to file a claim anonymously, but know that OCR will not investigate the complaint unless you identify yourself and provide a way for OCR to contact you. Complaints can also be filed with state attorneys general, who are authorized to pursue cases for HIPAA violations.

After investigating, the ORC may take actions against the health system or provider. The severity of the actions will depend on several factors, such as whether the violation was an accident, how many individuals were impacted, and whether this is a repeat violation of HIPAA Rules.

Many complaints are resolved through voluntary compliance, by issuing guidance, or by the offending organization taking corrective action to resolve issues that led to the complaint. The Department of Justice may pursue cases if a criminal violation of HIPAA rules is suspected.

Although you may not directly pursue a HIPAA violation lawsuit, you may take legal action against a health care provider and seek monetary damages under state law, personal injury lawyers say. In some states, you may sue the health care provider on the grounds of negligence or for a breach of an implied contract. You would likely need to prove that you suffered some harm or damages due to the failure to protect your private information.

You should be aware that a lawsuit like this can be very expensive and time-consuming, with no guarantee that you will win. Health care providers usually are covered by medical malpractice insurance, and the insurers’ legal teams are known to drag out a legal case with the hopes that the plaintiff will give up.

Another way to take legal action against a health care system or provider who has failed to protect your private data is to join an existing class-action lawsuit. The more individuals involved, the stronger the case is likely to be.

If you believe your right to privacy has been violated, be sure to consult with an experienced attorney who is knowledgeable about medico-legal issues.

This blog was originally posted on https://www.pa4law.com/all-you-need-to-know-about-medical-malpractice-lawsuits-for-hipaa-violations/

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