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OTHER INJURIES An injury that a person suffers as a result of the negligence of another may arise from many causes; i.e. automobile accidents, slip & fall cases, defective products, and physician or hospital negligence or malpractice. There are also injuries as the result of plane, bus, train accidents, objects falling from a building or scaffolding, job related injuries (one can not sue an employer unless the employer fails to comply with the law of workers’compensation) explosions of various materials causing injury or death as well as fires, birth defects and many others causes. During the development of American jurisprudence and its predecessor, the English Common law, many theories of negligence have become law i.e., simple negligence, gross negligence, negligence per se, are some examples. To successfully establish a personal injury claim for
fair compensation Pain and Suffering damages, two elements must always be present;
(1) an injury to a person that
results in damages i.e. economic loss and/or pain and suffering; and (2) liability
on the part of another person or entity. It is not infrequent that liability can be proven, but the damages are too small to pursue. In other cases there may be severe injuries, even death, but there is no provable negligence on the part of another and therefore no liability. Whether a person has a case worthy of legal pursuit is something a personal injury attorney can help determine. Ó 2000 James
W. Pearson, Jr., All Rights Reserved FOR ADDITIONAL INFORMATION CALL THE TOLL FREE HELP LINE 1-800-232-1477 E-mail: lawyer@lawwalk.com JAMES
W. PEARSON, JR. Chair of the Federal & State Credit Union Department & Coordinator of legal consultations under the Family Legal Care Plans offered to credit union members. |
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