Proving Negligence in a Personal Injury Claim In Mesa Arizona

When it comes to a personal injury case, the biggest factor that must be proven is negligence. Many people think of medical cases when this word pops up. However, this word applies to all personal injury cases. No matter the case, negligence must be proven. Keep reading for a further breakdown of what negligence means and how to prove it.

Duty – This refers to the duty a person had towards the person who was injured. For example, in a pedestrian accident involving a vehicle, the driver and the pedestrian have laws to uphold which is their duty to the people around them. In each particular case, it will be assessed whether or not the defendant had a legal duty in some way to the plaintiff. This is the first step.

Breach – Did the driver or pedestrian breach these duties? In other words, did they break the law and therefore fail at upholding their duty? It then must be proven that the duties the defendant had towards the plaintiff were breached or broken. However, it must be proven that this breach was done so in a manner that any reasonably prudent person might choose. There is a basic guideline that acts as a guideline for pointing out how the average person may breach their legal duties. If the attempted explanation of the breach doesn’t fall within these guidelines, then the defendant isn’t considered negligent. 

Causation – What caused the accident and was it because those duties were breached by either party? Once the other two steps are proven, the final step is to prove the injuries in question were actually caused by the breach of legal duties. For example, say someone sprained their knee a few days before the accident and then tried to pin that sprained knee on what occurred with the defendant. The way to prove this is by keeping detailed records of the injury. Take photos right away, go to the doctor to have official medical documentation, have witnesses, etc. This is the best way to prove how bad the injuries were and that they were definitely caused by the incident. An important factor to point out is that the defendant may be able to prove that they had no idea their actions would or could cause injury. For example, say a random act of nature was involved. If this is the case, then the liability wouldn’t fall on the defendant. 

Damages – What was the injury, or injuries, that were a cause of the accident? Did the vehicle sustain damage, did the pedestrian break their leg, etc. If so, did any of these incur medical charges or repair bills? If awarded, the plaintiff would receive damages for all of this. Often included is also emotional or psychological damages. Of course, damages are commonly in the form of money which goes to cover the expenses involved with the incident. Sometimes, damages can be other things, but it’s not as common as monetary sums.

If you or your loved one need help in proving negligence concerning a personal injury case, don’t hesitate to contact us for a consultation.

Contact Schenk Podolsky Attorneys at Law today, your Arizona Injury Lawyers in Mesa and Phoenix.

We are conveniently located off the U.S. 60 on Baseline Road between Val Vista and Greenfield in The Gateway Executive Suites.

Email Us: [email protected]

Phone: (480) 757-5000

Fax: (480) 471-5181

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Traumatic Brain Injuries are responsible for almost third of all injury deaths in the United States. Statistically, around 2.5 million hospitals visits were subdued during 2010 by this injury alone.

This life-threatening condition may result from a penetrating brain injury, the severe blow to the head, or even medical negligence. The qualified injury attorney can help a victim to better understand negligent actions or reckless, malicious acts and their legal options.

This type of injury can result in substantial financial situations in the form of medical bills, loss of wages or even loss of employment. Sometimes it can be the loss of autonomy, lifelong disability, and even death. If some link is established between the injury and the third party, that party may be held liable for some or all of the damages resulting from the injury.

Causes of Traumatic Brain Injury

Commons causes are falls, motor vehicle crashes and assaults. Some sports and recreation injuries are also caused in large numbers every year and under the age of 19. A concussion is one of the most common types of TBI. While the Center for Disease Control and Prevention classifies it as a mild form of a brain injury, a concussion can have long-term and even life-threating effects- especially with those with multiple concussions. In rare instances, a smaller shock may result in a dangerous blood clot forming in the brain.

Medical Malpractice related to TBI

A TBI legal claim may be filed against a medical provider if the injury or the extent of the damage is believed to have results from medical negligence. In legal terms- negligence is a failure to provide the same level of care that a reasonable person would have provided under the same conditions. Improper actions or omissions can also characterize it. Patience can be suffering from cognitive impairment after brain surgery so negligence may be a factor open for conversation. Also, an undiagnosed aneurysm or stroke may also be a factor. The brain surgery example describes a type of direct action, and the undiagnosed aneurysm describes an oversight or omission. Both can theoretically rise to the level of negligence. Acts like the following can be a claim for medical negligence:

Overly prescribing medication that results in neurological damage, failing to diagnose a brain injury or improperly administering anesthesia.

Medical malpractice claims

Medical negligence and medical malpractice are different and sometimes confusing. In medical malpractice cases, both the health care facility employs, and the medical provider can be defendants. Medical malpractice claims commonly have a shorter statute of limitations than other personal injury claims.

For example:

California typically allows a 2-year window for personal injury claims as indicated by California Code of Civil Procedure section 335.1. However, Sec. 340.5 stipulates that plaintiffs must file a malpractice claim within one year of discovering the injury. Similarly, New York allows three years for general personal injury claims under N.Y. Civil Practice Law and Rules section 214, but only two years and six months are permitted for malpractice claims (214-a).

Nursing Home Neglect

When it comes to our elderly loved ones, we try to do as much as possible for them and that includes keeping them safe. So, if the time comes where your loved ones may need to be placed in a nursing home due to the level of care needed, the last thing on our minds is the potential for nursing home injuries. No one wants to even think this is a possibility, but sadly it can be. There are several types of injuries that can occur in a nursing home due to falls, trips and slips, neglect, or even elder abuse. And if you’re not able to keep track of your loved one as much as you’d like, it’s possible this can all be happening behind your back without being reported.

So, if your loved one is injured in a nursing home and you believe the injury was not the result of a true accident, there are signs that you can look for to determine if there might be abuse occurring. Some of the most common signs of nursing home injuries caused by abuse are:

  • Dehydration or malnutrition

  • Asphyxiation

  • Head injuries or fractures

  • Infections

  • Bedsores

  • Bruises, cuts, or welts that appear out of nowhere

While some of these injuries listed can certainly occur due to innocent accidents, many others have a greater likelihood of being due to abuse, or neglect. Along with these injuries, you may also discover that your loved one has gone through changes in his or her mental state such as sudden withdrawal, noticeable agitation, a reluctance or refusal to speak with you when staff members are in the room, incessant rocking, or excessive flinching when touched.

If you truly believe your loved one has suffered a nursing home injury, make sure that you remove him or her from the situation if you think it will happen again. Always contact the authorities to have the situation addressed properly. If something questionable is happening, don’t let it happen to others.