What Happens If I’m in a Car Accident Involving an Uber or Lyft Driver?

More people are looking to rideshare services like Uber and Lyft to make transportation easier. Rideshare is a particularly effective approach for people who are traveling during the holidays. In a growing number of urban areas, residents use these services in lieu of car ownership.

Although rideshare is not quite that prevalent in most areas of Florida, it is important to know the risks of using these amateur, part-time drivers. As these apps become more popular, Florida has moved to tighten regulations – but risk remains, as most drivers aren’t as experienced as professionals.

Florida Calls Upon Amateur Drivers to Up Insurance Coverage

In 2016, Florida House Bill 509 was enacted to protect consumer safety when using rideshare and similar services, referred to as Transportation Network Companies or TNC. In March 2017, significant new requirements went live. Among other things, the law requires coverage of at least $1 million in death and primary automobile liability insurance.

In 2017, Florida Gov. Rick Scott signed House Bill 221. This bill supersedes a patchwork of state and local laws, consolidating key regulations for TNC drivers into a single location. It gave the final word on a number of issues, including whether or not rideshare drivers were considered freelancers under the law and whether they needed to register as commercial vehicles.

What to Do to Protect Yourself After an Uber or Lyft Accident

What happens if you are in an accident with Uber or Lyft?

In the aftermath of an accident, check yourself and those around you, including the driver, for signs of injury. If you have a mobile device, call 911 to summon help and inform the dispatcher of any injuries. Collect contact information from the driver and witnesses, and insurance details from the driver. If you are able, photograph the scene of the accident extensively.

As soon as you are free to do so, you should seek a complete medical evaluation. Some serious injuries, such as concussion, may have few symptoms at first. By seeing a doctor, you not only protect your health, but also get information for your lawsuit. Medical bills and ongoing care cost are among the expenses you can seek to collect from the responsible party.

Talk to a Car Accident Lawyer Within Three Days After Your Accident

Depending on the circumstances, an auto accident often occurs without the responsible party facing criminal charges. However, as an accident victim, you have the right to file a civil suit and seek damages for medical bills, lost wages and pain and suffering. Around 400,000 car crashes happen in Florida in an average year, many involving rideshare drivers.

For a free consultation with an experienced Hollywood, FL auto accident attorney, contact 844-SFL-PAIN today.

Understanding the Difference Between a Referral Service and an Attorney Site

In Florida and nationwide, many accident victims have something in common: this is the first time they’ve ever had to look for legal services. With such an important decision, finding accurate information about local attorneys is crucial.

Of course, you should never select an attorney based solely on something you see on TV or read online. Only a personalized consultation with an expert lawyer can give you the facts you need to make an informed choice – including whether or not to work with a given legal team.

Sadly, there is one way many legal consumers get steered wrong: Lawyer referral services.

Legal referral services may seem convenient, but they are not required to follow the ethical and legal guidelines of an actual lawyer. This often means that working with a referral service will give you an inaccurate impression of the best way to advance your legal claim.

Let’s look at some specific reasons referral sites can cause trouble:

Lack of Quality Assurance

In Florida, lawyer referral services are not required to offer a high level of assurance that you are receiving accurate, authentic, high-quality recommendations. They are not comparable to, for example, a site like Angie’s List that exclusively uses consumer and peer reviews.

No Meaningful Difference

Attorneys and law firms who happen to be associated with a referral service do not have any special qualities or capabilities. On the contrary, the selection process for such a service is often based on whether or not the attorneys will pay a monthly fee to the service.

Lack of Relevant Experience

As an accident victim, your top concern should be selecting a lawyer who is experienced in your specific problem area. That has to be someone with relevant skills and experienced track record, whom you feel you can trust. Attorneys on referral services often lack the necessary insights to help you.

Get a Free Consultation to Choose the Right Personal Injury Attorney

Here’s an interesting point: Most Florida lawyers are more than willing to talk for free about your case. For the best results, you should go directly to an attorney site, gather the information you need, and then move forward on a consultation based on your initial research.

Although it’s valuable to select a lawyer as soon as possible after an accident, doing your own research will help you gain the confidence to pursue your case. You are far more likely to meet the right attorney for you after reviewing local law firms with the correct specialties.

To schedule a free consultation with a Hollywood, FL, personal injury attorney, call 844-SFL-PAIN. We’ll help you go right to the source and select the best attorney to help protect your legal rights.

Wrongful Death Lawsuit Filed in the Case of Missing Florida Boys

A pair of teenage boys made headlines when they went missing at sea about two years ago during a fishing trip in Florida. Last month, the family of one of the boys filed a wrongful death lawsuit against the other boy’s family, alleging that negligence in permitting the boys to venture off on the vessel during poor weather conditions resulted in their deaths.

According to the lawsuit filed by the mother/plaintiff, her son was allowed to sleep over his friend’s home so the boys could go river fishing the following day. The mother believed that neither of the boys would have been allowed to take a vessel into the water if an adult was not on board. Per the lawsuit, however, the defendant had a family member who was aware the boys intended to go fishing and even gave them money to use towards purchasing fuel for the vessel. The vessel lacked safety features such as an emergency beacon and radio. It is believed that rough storm conditions would eventually cause the vessel to capsize.

The Florida Department of Law Enforcement released a report last month concluding that the accident could have been avoided and an “egregious lapse in judgment and failure to exercise due care” led to the boys’ disappearance and possible deaths.

Call 844-SFL-PAIN, personal injury attorneys, and Hollywood car accident lawyer. Areas of practice include products liability, auto accidents, premises liability, slip and fall, catastrophic injuries and wrongful death. For more information or to request a consultation to discuss your case, please call 844.SFL.PAIN (844.717.6659).

This information is for educational or informational purposes only and should not be construed as legal advice.

It wasn’t ‘itsy bitsy,’ but spider causes Florida car crash

A spider is being blamed for a car crash in the Florida suburbs.

Broward Sheriff’s Office spokesman Mike Jachles tweeted that the crash happened Tuesday after the driver saw a spider loose in the car.

The white car hit a light pole, knocking it into the street in Cooper City, which is northwest of Miami.

Few details about the crash were available, but pictures taken by the sheriff’s office show damage to the car’s front end.

In a tweet, Jachles said while he doesn’t know what kind of spider caused the one-vehicle crash, it definitely was “not #itsybitsy.”

 

 

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Top 15 Causes Of Car Accidents And How You Can Prevent Them

Car accidents are unfortunately very common in the United States and the majority of these road crashes are caused by human error. While some are relatively minor, thousands of lives are taken every year by these horrible car crashes. Because your life can be at risk if you drive in an unsafe manner, it is so important to drive carefully and follow all traffic laws.

However, just because you are careful does not mean that you can assure that all other drivers on the road will do the same thing. If you are in a car crash, it may not be your fault, and you should not be held responsible for the damages caused by the ignorance or mistakes of other drivers. In such cases, you should consider protecting yourself by filing a car accident claim. There are so many damages, pains, and frustrations that may arise as a result of a car accident, and it’s best to guard your life above all.

Below are the most common causes of car accidents in the United States. Read carefully to find out what actions you can start taking today to prevent them

1. Distracted Driving

Distracted driving becomes a larger threat every year and has been the leading cause of car accidents for the past decades. Please pay attention to the road while you are driving. That means no calls, no texting, no eating, no reading, no grooming or application of makeup, and talking while behind the wheel.

2. Drunk Driving 

Drunk driving is one of the most dangerous causes of accidents in the U.S. and is the most deadly. If you have had anything to drink, take a taxi or give your keys to a sober friend. It is not worth the risk.

3. Speeding

Although it can be tempting to push the speed limit when you are running late, speeding is the second most common cause of accidents, so you should resist the urge and stay within the legal limits.

4. Reckless Driving

Changing lanes too quickly, speeding well over the limit, and acting aggressive on the roads can lead to horrible accidents. It is important to take your time and remain calm while driving to avoid needless accidents caused by simple carelessness.

5. Rain

While you can’t always avoid driving in the rain, the slippery, treacherous road conditions caused by heavy rains should be avoided when at all possible. If visibility is too low to drive or the roads seem particularly slick, you should pull over and wait until the storm passes.

6. Running Red Lights

It may seem obvious, but it bears repeating. Red always means stop. Even if it seems like no other cars are coming, you can cause a serious accident by running a red light and you will be breaking the law. We’ve heard several excuses from busy entrepreneurs trying to run through red lights while thinking about work, from those legal contracts to investor relations, and at the same time literally trying to answer to work emails. Understand that life is more important than all these issues combined and it’s best to be safe than sorry.

7. Night Driving

Lack of visibility makes hazards more difficult to see at night. Make sure that you are extra alert on the road at night, and use your full lights when on an abandoned road without streetlights.

8. Design Defects

Sometimes accidents are caused by flaws in the car itself. While you cannot always avoid this, make sure to take note of any recalls in the news and take your car in for regular maintenance.

9. Tailgating

There is never an excuse to get too close to the car in front of you, no matter how frustratingly slow they seem to be going. Keep a safe distance from other cars so that you will have time to react to sudden turns or uses of brakes.

10. Wrong-Way Driving/ Improper Turns

Everyone makes mistakes, but lapses in judgment while driving a car can cause horrible accidents. Be aware of street signs warning of one-way streets or other irregularities, especially in unfamiliar areas.

When people don’t get in the proper lane to make a turn, use signals properly, or follow traffic signals, accidents happen. Always look out for traffic signs and obey the proper right-of-way when you make a turn.

10. Teenage Drivers

Teens don’t have the experience to know what to do in unsafe conditions and that naĂŻvetĂ© causes accidents. If you have teenagers, make sure that they have had a defensive driving course, do not permit cell phone use while driving, and limit the passengers they can take with them in the car.

11. Drugs: 

While alcohol is the culprit we usually associate with DUIs, drugs, including marijuana, prescription pills, and other illegal drugs also cause terrible accidents. Never drive if you are under the influence of any drug, prescribed or not.

12. Potholes:

Potholes are very frustrating for drivers because sometimes they can’t be avoided. Try to drive around potholes to avoid damaging your car, when you can, but do not swerve into another lane if cars are coming. Despite the fact that there are some laws that could work in your favor, don’t take chances, especially with the heartbreaking car accident statistics from previous cases.

13. Tire Blowouts

If you get a flat while driving, it can cause you to swerve unexpectedly. Try to stay calm and keep control of the wheel while pulling over as soon as it is safe. Call for help if you cannot change the tire yourself safely.

14. Animal Crossings 

Anyone who has ever heard someone tell about hitting a deer knows that this is a big danger. For this reason, take extra caution when you see an animal crossing sign and always use your high beams when traveling in rural, woody areas where wild animals are common.

15. Construction Sites

Sometimes the way a construction zone is set up can be confusing. Follow the cones as well as possible and be aware of other drivers who may be confused. It is especially important to drive slowly in these areas to avoid even the smallest accidents from occurring.

Before you drive, think about how wonderful life is, your loved ones (even if you’ve sorted your estate planning), your business and the other great dreams you still have to achieve in life. Be proactive by taking precaution and removing all forms of distractions that might hinder your focus along the way. Life is worth living!

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Steps in a Personal Injury Lawsuit

Learn what to expect in your personal injury lawsuit.

Every personal injury lawsuit is unique, but there are common elements that every person suing (called the plaintiff) and the person being sued (called the defendant) can expect to encounter. This article discusses the major litigation landmarks and processes the plaintiff and defendant can expect, from the beginning of the lawsuit to its resolution.

The Plaintiff is Injured and Hires an Attorney (Maybe)

At the beginning of any legitimate personal injury case is, obviously, a personal injury. However uncertain the defendant’s liability or the extent of damages, no case will make it past the summary judgment stage without some proof of the plaintiff’s injury.

After an injury, if the damages appear to be more than the small claims court limit (around $5,000, depending on the state), most plaintiffs will seek out an attorney. The typical plaintiff’s personal injury attorney will consult with the plaintiff for free. If, after the initial consultation, it appears that the plaintiff might have a case, the attorney may agree to conduct an exploratory investigation, including whether or not the defendant has applicable insurance and/or sufficient assets. If the consultation and investigation lead the attorney to conclude that the case is viable, he or she will enter into a fee agreement with the plaintiff and officially become the plaintiff’s attorney.

Some of the initial attorneys a plaintiff contacts may decline to accept the case or refer the plaintiff to another attorney. Regardless of whether the plaintiff hires an attorney, anything the plaintiff tells the attorney is strictly confidential and protected from disclosure in court by the attorney-client privilege.

A plaintiff may, of course, choose not to hire an attorney. Because of the complexity of litigation, this may not be a wise decision, particularly if the stakes are high and the defendant is likely to hire his or her own attorney. Considering most plaintiff-side personal injury attorneys work for a contingency fee (i.e. they only get paid if the plaintiff does), hiring an attorney is usually a good idea.

A Complaint is Filed and Served on the Defendant

After establishing that a legitimate case exists and that there are no procedural hurdles like an expired statute of limitations, the plaintiff’s attorney will file a personal injury complaint. The complaint is the first official document in the case, laying out in very broad detail what the plaintiff claims the defendant did.

After the complaint is filed, the plaintiff’s attorney will have a month or more to locate the defendant and “serve” the complaint on him or her. Serving the complaint basically means physically delivering the complaint to the defendant in a way that can be proved later, ensuring the defendant cannot later claim to not know about the lawsuit. Along with the complaint, the service papers will tell the defendant the next date he or she must appear in court.

The Defendant Hires an Attorney

The defendant will typically have a month or more to find an attorney before his or her first court date. If the defendant has assets or an applicable insurance policy, finding a personal injury defense attorney willing to take on the case should not prove difficult.

If insurance applies, and the defendant must notify the insurance company as soon as he or she knows about the lawsuit (which is a strict requirement in insurance policies). The insurance company will then supply and pay for its own lawyer if the defendant has not already hired one. Defense attorneys work for an hourly rate, not a contingency fee, so if the defendant can afford to pay out-of-pocket, a “losing” case headed for early settlement is not a deterrent to taking the case on.

Pre-Trial Litigation

In the pre-trial process, both sides will ask each other for evidence and witness information in a phase called “discovery.” At the early stages, both sides will also appear in court to inform the judge of how the case is proceeding, to agree or not agree to mediation or arbitration, and to set a trial date. As the discovery process proceeds, both sides will begin to schedule depositions of the opposing party and witnesses, i.e. examinations and cross-examinations under oath outside the courtroom.

This process of discovery and intermittent court appearances can take months and even years, with the trial date frequently being set back. Eventually, once the discovery process appears to have proceeded as far as it can, the defendant may ask the judge to throw out the case on “summary judgment” because the plaintiff cannot possibly win at trial (these motions lose more often than not).

As the case moves closer to trial, the parties will significantly ramp up effort as they engage in mandatory settlement conferences, make motions to determine what evidence will be allowed at trial, select a jury, etc.

Finally, the trial will begin and, for a typical personal injury case, last several days. At trial, the judge or jury will determine if the defendant is liable and, if so, how much the defendant is required to pay out in damages. After the trial, either party can initiate an appeals process that can last from several months to several years. After the appeals process has been exhausted, a losing defendant will be required to pay the damages established at trial or on appeal.

Settlement is Very Likely

Most cases settle before trial. At any point in the process described above, the parties can settle and end the case. In fact, the plaintiff can send the first settlement offer before the complaint is ever filed. What is more typical, particularly if the initial evidence establishing liability and/or damages is inconclusive, is that a settlement is reached after the discovery process has gone on for a while.

 

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Negotiating a Fair Pain and Suffering Accident Settlement

After an accident in which you were injured—whether a car accident, slip-and-fall or other accident—you may have a personal injury case against the person responsible. In a personal injury case, part of the settlement is for pain and suffering.

This term refers not only to physical pain, but to mental anguish, depression, and limits on your ability to engage in or enjoy your normal activities. Pain and suffering has no quantifiable monetary value, so insurance companies try to calculate one. But their values may not line up with your personal experience.

The Insurance Company’s Pain and Suffering Calculation

Without an objective way to put a dollar value on pain, insurance companies calculate settlement values by multiplying known monetary losses due to the accident, such as medical expenses and lost wages, by a multiplier. They do not publicize how they determine their multipliers but appear to assign larger multipliers to more serious injuries. Different insurance companies may use different multipliers for similar injuries.

A serious problem with this method is that not everyone experiences the same injury in the same way. One person may heal quickly, with minimal pain and no setbacks, while another may experience multiple complications, significant pain, and prolonged disability.

Negotiating Your Pain and Suffering Settlement

Because healing can be so variable after an accident, it is important that you not settle too early. If you do, you may get a smaller settlement than you should be entitled to.

To get what you deserve, do not settle until you have healed, and emphasize to the claims adjuster how the accident has affected your life, especially if any of the following apply:

  • You are still receiving medical care, in pain, and/or unable to enjoy your life the way you used to.
  • You cannot perform everyday activities, such as caring for yourself and going to work.
  • You face long-term or even permanent inability to return to your previous activities.
  • Your family has also suffered due to your injuries. For example, a spouse or child has had to help you with everyday tasks.

If some issues have resolved, emphasize how long they lasted. If it took months or years to get your life back, you deserve a larger settlement than if it only took a few weeks.

The law does not require insurance companies to make pain and suffering payments, but juries will often award them, and the amounts can be unpredictable. Therefore, you are more likely to get a fair settlement by convincing the adjuster of a few things:

  • You are willing to go to trial
  • The jury is likely to find you sympathetic
  • The jury’s award plus trial expenses will cost the insurance company more than settling with you now

A personal injury lawyer can help you make this case convincingly.

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How a Premises Liability Injury Case Works

In this type of personal injury case, the plaintiff asserts that a dangerous condition of the property lead to injury, and the property owner/operator should be held responsible.

Premise liability refers to a property owner (or property operator’s) potential legal responsibility for injuries sustained as a result of unsafe conditions on on the property. Premise liability cases can exist in nearly every type of structure or open space, and can include accidents involving slips and falls, swimming pools, construction sites, falling equipment, fires, animal and criminal attacks, or inadequate security. In this article, we’ll discuss what makes a viable personal injury case based on premises liability.

What The Injured Party Needs to Prove

The elements of a premise liability case will vary from state to state, so it is important to check the laws of your jurisdiction. Generally, however, the injured person (the plaintiff) will have to prove:

  • that the person causing the injury (the defendant) owned, occupied, or leased the property
  • that the defendant was negligent in the use of the property
  • that the plaintiff was harmed, and
  • that the defendant’s negligence was a substantial factor in causing the harm.

Let’s look closer at each element.

Defendant Owned, Occupied, or Leased the Property

The first thing you must prove is that the defendant owned, occupied, or leased the property. In a good premises liability case, it will be clear that the owner, occupier, or lessee had a duty to inspect the property and to make sure that the property was in reasonably good condition based on its intended use. See Property Owner vs. Occupier Liability for Personal Injury for more on this.

Defendant Was Negligent in the Use of the Property

The next thing you must prove is that the defendant was negligent in the use of his or her property. Negligence is a legal concept that holds people accountable in civil court for the unintentional harm they cause to others. You must show that the defendant failed to use the standard of care as required by the particular situation.

Historically, whether or not a defendant was liable for injuries sustained on that property was dependent upon the status of the person entering the land. More modernly, however, some states have rejected this approach and use principles of ordinary negligence instead, when it comes to proving fault.

Liability Based Upon the Status of the Person on the Land. The historical approach used in many jurisdictions to determine the defendant’s standard of care depends upon the status of the person entering the land. There are three basic statuses: invitees, licensees, and trespassers.

  • Invitees. An invitee is someone that enters the land for the financial benefit of the defendant or a person that enters land generally open to the public at large. To invitees, a defendant owes the duty of reasonable care in maintaining the premises. This duty includes an affirmative obligation to make the property reasonably safe for others.
  • Licensees. A licensee is any person who is has the express or implied permission of the defendant to enter the land. Social guests, for example, are licensees. However, if the social guest is asked to leave the property and refuses, he or she becomes a trespasser (see below). To licensees, a defendant must fix or warn of concealed dangers he or she knew about of which the licensee was unaware.
  • Trespassers. A trespasser is someone who unlawfully enters or remains on the land of another. To trespassers, the defendant owes no duty except to refrain from willfully and wantonly harming the trespasser.

Liability Based Upon Ordinary Negligence. Many jurisdictions have abolished this “status”-based approach and simply use the reasonable person standard for all entrants onto the land. California was the first state to take such an approach.

Under this approach, a defendant has a duty to warn of known and latent dangers which are not known to you and which you could not reasonably discover on your own. This duty extends to dangers which the defendant should have known about if he or she exercised reasonable care.

You Were Injured

You must show that you were injured. You can do this through your testimony, and the testimony of any treating doctors. You can also provide medical bills and expert testimony with regard to your injuries, the extent of your medical treatment, and how your injuries and ongoing medical care will affect different aspects of your life.

Defendant’s Negligence Was a Substantial Factor in Causing Your Injury

Finally, you must show that the defendant’s negligence was a substantial factor in causing your injuries. The harm you suffered must be reasonably foreseeable in light of the defendant’s action (or inaction). And the defendant’s negligence need not be the sole cause of your injury, but it must have materially contributed to your injury.

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Liability for Construction Site Injuries Caused By Falling Objects

There are many ways a worker or passerby can be injured by falling objects at a construction site. Liability for the injury depends on the details of the accident.

Construction sites are, by their very nature, dangerous. Construction sites are often in the middle of cities, with little separating them from the lives of pedestrians on the surrounding sidewalks. Seemingly minor mistakes at construction sites can lead to major injuries to construction workers and pedestrians. Those injuries often lead to lawsuits against construction companies. In the sections that follow, we will identify some common mistakes that lead to injuries caused by falling objects at construction sites, and discuss what a resulting legal claim might look like.

What Kinds of Construction Mistakes Cause Falling Debris?

The number of possible mistakes that can lead to falling debris injuries is infinite, but below are a few of the most common examples:

Insufficient barricades

Pedestrians should be kept at a sufficient distance from a construction site so as to prevent injuries from falling objects. Anyone close enough to a construction site to be within the range of falling debris should wear a hard hat. Since all pedestrians casually walking near a construction site cannot be expected to don a hard hat, pedestrians should not be allowed anywhere near zones where debris might fall.

Insufficient signage

At times, people might not realize that construction is occurring and that a risk of falling objects is present. All access points to construction sites should be accompanied by clearly visible signs instructing everyone on the site to don a hard hat.

Failing to inspect equipment

Debris can fall when the hooks, cords and other devices used to secure objects to cranes, hoists and other objects became old and weak. These devices should be inspected regularly for wear and tear. Any equipment that exhibits any flaws should be replaced immediately.

Failing to secure tools and other equipment

Tools are commonly the culprits of falling-object injuries. Because tools must frequently be moved around a construction site, they are often left unsecured. But any time workers are working above an area where people may be walking, all tools should be secured to prevent their falling on other people.

Personal Injury Cases Resulting From Objects at a Construction Site

Either a construction worker or a pedestrian may be able to sue the construction company for injuries resulting from falling debris. Most injuries to construction workers will be covered by workers compensation, so the rules discussed below will usually only apply to cases brought by pedestrians and other non-employees.
In order to win a personal injury lawsuit for harm caused by falling debris, an injured person must prove three elements:

  • that the defendant had a duty to keep a construction site safe
  • that the defendant breached that duty, and
  • that the breach caused harm.

Duty to Keep a Construction Zone Safe

Someone is always responsible for the safety of a construction site. The question of who is responsible is often contentious in this type of lawsuit. A general contractor, several subcontractors and an owner may all accuse one another of having ultimate responsibility for safety at the site. Usually, the issue is a matter of contract law. So, the answer will depend on the language of the contracts that were signed among the parties.

Another issue that arises is, “what constitutes a ‘safe’ construction site?” This question can become extremely complicated. The short answer is that if an object falls on the head of another person, injuring them, there is probably some condition at the site that could have (and should have) been made more safe. But laws are not that simple. To use the legal parlance, there is a duty to keep the construction site in a reasonably safe condition, based on the level of safety that other reasonable construction companies would exhibit. Different courts interpret that standard differently.

Breach of the Duty

Any failure by a construction company to keep a construction site reasonably safe is a breach of the duty discussed above. For example, if a construction company had a duty to keep pedestrians at least 20 yards from a potential landing zone for debris, but the company failed to provide at least that amount of separation, the company breached its duty of care and acted negligently. If the company’s negligence caused harm to a pedestrian, the company might be liable for the harm.

Harm Caused by the Breach

In personal injury cases the most common types of damages include:

  • medical expenses
  • lost wages (for time missed from work due to the injury)
  • pain and suffering, and
  • loss of normal life (the decreased quality of a person’s life as a result of the injury).

It is critical for the injured person to prove that the negligence actually caused the harm. For example, imagine a pedestrian proves in court that a construction company allowed pedestrians to walk too close to falling debris. But the pedestrian was injured when she tripped over a pothole in the sidewalk near the construction site. The pothole was unrelated to the construction.

In such a case, the construction company was probably negligent (by allowing pedestrians to walk too close to the site), and the plaintiff suffered harm (injuries associated with tripping over the pot-hole). But the negligence did not actually cause the harm. Thus, the pedestrian would probably not be able to sue the construction company for the injury.

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Learning the Basics: Personal Injury Law

Start here to get a sense of what personal injury means, and what the important elements of a case are.

Personal injury law (also known as tort law) allows an injured person to go to civil court and get a legal remedy (damages) for all losses stemming from an accident or other incidents. The purpose of the personal injury system is to allow the injured person to be compensated financially or “made whole” after he or she has suffered harm due to someone else’s carelessness or intentional conduct. In this article, we’ll cover the basics of personal injury law.

The Basics of Personal Injury

There are a wide variety of different situations where personal injury rules apply:

Accidents. Personal injury rules apply in situations where someone acts in a negligent manner, and that carelessness causes harm to another person. Examples include car accidents, slip and fall incidents, and medical malpractice, among other types of cases.

Intentional Acts. Personal injury laws apply in situations where a defendant’s intentional conduct causes harm to another person. Examples of this include assault and battery, and other intentional torts.

Defective Products. There are a few situations where a defendant can be found liable for injuries without any negligent or intentional wrongdoing.  Examples of this include certain types of product liability claims arising from a defective product.

Defamation. Personal injury laws apply when one person’s defamatory statement causes harm to another person’s reputation.

Who Makes Personal Injury Laws?

Many personal injury laws date back to old “common law rules.” Common law refers to a law made by judges, as opposed to laws made by legislatures or passed in bills and statutes.

When a judge hears and decides a case, his decision on that issue of law becomes the binding precedent on all other courts in the state that are “lower” than the deciding judge’s court. These other courts then have to apply what the first judge said, and eventually, all of this binding precedent creates a body of “common law.”

Common law can and does differ from state to state, so the rules for personal injury law may not be uniform across the country. Much of the common law has been collected into something called the Restatement of Torts, which is sort of a guidebook that explains what the rules are, and a lot of states draw guidance from this on personal injury matters.

Common law is not the only source of personal injury law. Some legislatures have passed formal legislation or statutory law that touches on personal injury issues. For example, when legislatures passed worker’s compensation laws, they essentially took all cases of work-related injuries outside of the realm of personal injury and made workers’ compensation the exclusive remedy for injured workers (in most cases precluding injury-related lawsuits against employers).

Another state law that comes into play in injury cases is the statute of limitations, which sets a limit on the amount of time you have to file an injury-related lawsuit in your state’s civil court system.

How Does a Personal Injury Case Work?

No two accidents are exactly the same, so no two personal injury cases will follow the same path. But there are some standard steps that most personal injury cases share, from a big picture standpoint.

Defendant Does Something to Injure Plaintiff. This can be almost any bad act on the part of the defendant, with the exception of contractual breaches, which are handled by a separate body of law known as “contract law.”

Plaintiff Determines that Defendant Breached a Legal Duty. The specific legal duty is going to depend on the situation in which the injury occurred. For example, drivers have a duty to operate their vehicles with the level of care that any reasonable person would exhibit while on the road. Doctors have a duty to provide medical care with a level of competence that a reasonably skilled health care professional would use under similar circumstances. Manufacturers and distributors have a duty not to put defective or unreasonably dangerous products on the market.

Settlement Talks Occur. If it is clear to all involved that the defendant breached a legal duty, then the defendant (or the insurance company representing him or her) may wish to settle outside of court. This would involve making an offer of monetary compensation to the injured person, in exchange for the injured person’s binding promise not to file a lawsuit over the injury.

If a plaintiff agrees to a settlement, the case ends. If not, the plaintiff may go to court and file a personal injury lawsuit over the matter. Settlement negotiations can also continue once the lawsuit is filed, and a settlement can be reached at any time prior to the civil case being handed over the jury for a finding as to the defendant’s liability.

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