When to sue for a car accident

When it comes to car accidents, injury is a common consequence and one that can often lead to a lawsuit. If you are the victim of an auto accident personal injury, then you may be able to successfully sue the driver of the other vehicle for damages. To win such a suit, the plaintiff (the injury victim who files the lawsuit) must prove that the driver of the other vehicle caused the accident due to a lack of reasonable care. There are three things that you and your lawyer will have to prove to establish before the court that the other driver was not using reasonable care.

-You must establish that the other driver had a legal duty to use care

-You have to prove that the driver violated that duty

-You must show a direct relationship between the auto accident and the personal injury

Duty of Care in Auto Accident Personal Injury Cases

If you think you can establish that the other driver had a duty of care and violated that duty, then you will have established a good basis for winning a personal injury lawsuit. To meet the duty of care required to operate a vehicle, a driver must drive at a reasonable speed, maintain proper control of the car at all times, and drive defensively. Defensive driving simply means that a driver should be looking out for situations that could cause an accident and take steps to avoid them.

It is also important you establish that the other driver created an unreasonable risk that caused the accident. If the risk the driver created is considered unreasonable, then you will be less likely to share fault. This is because courts expect for you to take action to avoid a reasonable risk, but an unreasonable risk is considered less avoidable.

Proving the Driver Is at Fault

You should also consider suing to collect recoverable damages if you are fairly certain you can prove that the motorists actions caused your injuries and that these actions were careless.

If, however, you were partially or wholly at fault for the accident, you will have a much more difficult time winning your auto accident personal injury suit. In addition, if there is any sort of intervening cause that resulted in your injury, then you will have a much more difficult time collecting damages from the driver.

No-Fault Insurance & Personal Injury Claims

Some jurisdictions have what is known as no-fault auto insurance, also known as personal injury protection. With no-fault auto insurance, the insurer automatically pays on an auto accident personal injury insurance claim. Specifically, the insurance company will pay for certain damages that the victim of the accident incurs if the victim or the other driver is covered by such a policy.

No-fault insurance pays economic damages, which include medical bills and lost income. However, pain and suffering, as well as amounts that exceed the policy limit, are not covered. If your auto accident personal injury exceeds the amount paid out by a no-fault policy or if you wish to collect damages for pain and suffering, you may be able to sue the driver at fault for this amount.

However, some states have rules regarding when you can sue the other driver for the amount that exceeds or is not covered by no-fault insurance policies. Check your states laws to see if you are able to file suit, or consult with a personal injury attorney. 

To view the full article visit http://www.attorneys.com/auto-accidents/when-can-you-sue-over-an-auto-accident-personal-injury/

Workplace Injury: When You Can Sue Outside of Workers' Compensation

If you've been injured in the workplace, you've probably been told that the only compensation you can receive will come from your employer's workers' compensation insurance. Although this is the general rule, there are many exceptions -- situations in which you may be able to sue for damages caused by your injuries. For example:

• If you were injured by a defective product, you might be able to bring a products liability action against the manufacturer of the product.
• If you were injured by a toxic substance, you might be able to bring a toxic tort lawsuit against the manufacturer of that substance.
• If you were injured because of your employer's intentional or egregious conduct, you might be able to bring a personal injury lawsuit against your employer.
• If your employer does not carry workers' compensation insurance, you might be able to sue your employer in civil court or collect money from a state fund.
• If a third party caused your injury, you might be able to bring a personal injury lawsuit against that person.

Although workers' compensation can provide money and benefits to an injured worker, temporary disability and permanent disability payments are usually quite low and don't compensate the worker for things like pain and suffering. Workers' compensation also does not provide punitive damages to punish an employer for poor safety controls or dangerous conditions. That's why it's important for injured workers to understand their rights to bring a case outside of the workers' compensation system.

In addition to the lawsuits described in this article, you might obtain additional money from government benefits such as Social Security disability insurance (SSDI or SSI) if your injury is disabling and prevents you from working. For more information, see Nolo's article on Social Security Disability Benefits.

If You Were Injured by a Defective Product

When a worker is injured by a machine or piece of equipment that is defective, failed to work properly, or is inherently dangerous, the manufacturer of the machine or equipment can be held responsible for the injury if it knew of the danger and/or didn't properly warn the business or employees of the danger. In such a situation, the manufacturer would have to compensate the worker for things like medical bills, lost wages, and pain and suffering.

Example:

Bill works in a factory that produces office products. His job is to operate a punch press that punches holes in boxes. One day, when Bill puts his hand into the press to adjust a box, the foot pedal that he uses to stop the press sticks, and the press crushes three of his fingers. His fingers are no longer usable after the accident. Bill can collect workers' compensation from his employer, and he also has a possible products liability case against the manufacturer of the defective press.

If you have been injured by an unsafe machine or other equipment in your workplace, consider talking to an attorney about your rights. You can also file a complaint with the Department of Labor's Occupational Health and Safety Administration if there have been unsafe conditions (for more information, see Nolo's article OSHA: Complying With Workplace Health and Safety Laws), in addition to filing a workers' compensation claim. This is a particularly important step to take if your employer is still requiring you or other employees to use the equipment.

If You Were Injured by a Toxic Substance

Sometimes the chemicals and other substances that workers use are toxic and cause severe injuries and illnesses. These substances can include such things as asbestos, benzene, chromium compounds, silica, and radium, but any substance that harms you could possibly be the subject of a lawsuit for a "toxic tort."

Generally speaking, there are two kinds of toxic injuries: acute injuries are apparent immediately, while latent injuries may take years to appear. Examples of acute injuries include chemical burns and poisonings. Examples of latent injuries include cancers and lung diseases. Because of the time delay, latent injuries tend to be more difficult to prove than acute ones, but these cases are not impossible. Workers have been successful in lawsuits brought years after their exposure to the toxic substance. (In particular, workers who suffer from asbestosis or mesothelioma almost always succeed in lawsuits because the causation between exposure to asbestos and asbestosis and mesothelioma has been proven in many lawsuits. For more information, see Nolo's article Mesothelioma and Asbestos: An Overview.) When a worker is injured by a toxic substance, the worker can usually sue the manufacturer of the toxic substance and any manufacturers of safety equipment that proved to be ineffective in the handling of the toxic substance.

If you have been injured or sickened by a toxic substance, talk to an attorney about your legal rights. Especially if a great deal of time has passed between your exposure and your injury or illness, you will need the assistance of an expert to help you sort out the complicated issues involved. And even if the toxic injury was recent, an attorney can probably get you the best settlement for your injury. To find a personal injury lawyer who handles toxic substances, see Nolo's Lawyer Directory (when you view a personal injury lawyer's profile, click the "Types of Cases" and "Work History" tabs to learn about a particular lawyer's experience, if any, with toxic torts and workplace injuries).

If the toxic substance is continuing to make the workplace unsafe for your or others, consider taking the additional step of filing a complaint with the Occupational Safety and Health Administration (OSHA).