Zachar Law Blog

Bodily Injury Claims: Everything You Need To Know

Question:  What exactly is a bodily injury claim?

Answer:  A person has the right to assert a “bodily injury claim” when they have suffered injury or harm due to someone's negligence.

When a person has a duty to others to act reasonably, failed to do so and causes harm, the victim can assert a “bodily injury claim”:

• A driver going too fast and loses control and causes a crash;
• A store owner notices a spill, fails to clean it up and a customer falls;
• A medical provider provides the wrong treatment to a patient, and the injury worsens;
• A dog owner knows their dog is a biter, fails to control their dog and it injures someone;
• A government entity knows a roadway is dangerous, does nothing, and a crash occurs.

Question:  What information do you need to assert a claim against another for a bodily injury claim?

Legal responsibility is premised upon the concept of “fault”.  Many times, to avoid liability, the at-fault party denies fault.  In order to prove your claim and be compensated for your bodily injury claim, you have the burden to prove liability, fault and damages.  These can be complicated. 

Question: How much is a bodily injury claim worth? 

Answer:  Every claim is different.  1) Nature, 2) Extent and 3) Duration of the injury determines value.

 

A bodily injury claim does always end when you are released from medical care. At the end of the medical care, a person is generally in one of two places:  1) completely restored to your pre-incident condition or 2) ongoing symptoms that need time for which continued therapy will be of little benefit. 

A “bodily injury claim” includes compensation for your medical bills, lost wages, out of pocket costs, scarring or disfigurement and your pain & suffering.

In assisting our personal injury clients, Zachar Law Firm investigates and gathers all of the evidence needed to prove your case.  In the process, Zachar Law Firm professionals will develop a value range for your claim and submit a settlement demand to the at-fault party’s insurance carrier.  If we can settle the claim without finishing a lawsuit, great.  If not, and litigation is necessary, we are fully prepared and geared to take that step in getting you the full compensation you are entitled to. 

Questions regarding your case? Feel free to call us to discuss your case and options: http://ZacharAssociates.com | 602.494.4800

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Mild Concussions & Brain Trauma: More common than you think after a car crash

The most commonly missed diagnosis in motor vehicle collisions is also one of the most common injuries.

Car crashes even if minor, can cause injury. Concussions are a very common injury when it comes to any type of car crash.

In a nutshell, a concussion is a blow or jolt to the head that can change the way your brain normally works. Concussion recovery times can vary greatly.

Most people who sustain a concussion or mild TBI are back to normal by three months or sooner. But others, have long-term problems remembering things and concentration.

Crashes can be so minor that neither doctor nor patient makes the connection.

• 50% of all concussions occur in a motor vehicle collision
• 70% in a low speed collision can suffer a concussion
• 80% in a high speed collision can suffer a concussion
• 56% of motor vehicle collision concussions that are seen in the emergency department are not diagnosed
• 100% of patients who are not diagnosed will not get the treatment they need and deserve
• 50% is the minimum reduction attorneys will ask of you if you have not diagnosed, documented, and managed this condition

There are many forms of  Traumatic Brain Injury. They can range from mild to extremely severe.

Difficulty in recalling things, or lapses in thoughts can be signs. With a TBI, the possibility of losing consciousness is possible, but isn’t always the outcome.

“coup-contra coup” is a consequence of when the brain is moving around the inside of the skull from a whiplash type motion. This can result in symptoms that may last for months or sometimes years.

Remember: Traumatic Brain Injuries can be very serious. Take the injury serious and get the proper care needed. 

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Proving Fault in Personal Injury Accidents: What you need to know.

How to decide who is legally at fault for an accident or personal injury.

There are many complications that can arise when determining legal responsibility (liability). Most of the time, liability rests on whether someone was careless or negligent. This brings the simple question, how do you determine fault in an accident?

How is liability determined? How do you prove that the accident wasn’t your fault? What’s involved?

“Fault” for an injury depends on the type of accident/injury. For example, the requirements are different for automobile accidents than for premises liability claims.

The basic requirements are duty, breach, injury & damages.

The defendant/tortfeasor must first owe a duty of care to the injured person, that they somehow breach. The breach of duty has to cause both injury and damages to the victim.

In an auto accident, the duty of care to drive safely and cautiously and to obey traffic rules and statutes. The breach would be a driver’s negligence in not driving safely and/or violating a statute. For instance, a driver makes a left turn on a green light and collided with another car that ran a red light.

Clearly, the red light runner has some fault. However, although the left turner did so on a green light, there is a statute that requires a left turner to yield to all approaching traffic regardless of the color of the traffic light. So depending on where within the intersection the collision occurred, and the point of impact between the vehicles, the left turner may well also have some degree of fault.

In a premises liability case, the duty of care owed by the property owner/manager may depend on the status of the injured party and whether the party is a trespasser, licensee (the person is there with permission or consent, for their own pleasure), or an invitee (by invitation, as a social guest or business shopper).

As an example, if slip and fall cases, the condition that caused the fall must be an unreasonably dangerous condition, unknown and undiscoverable by the victim, but known or discoverable by the property owner/manager.

This can be difficult to prove. After all, of the victim didn’t see whatever was on the floor, who does one prove that the property manager knew or should have known of its presence so as to have cleaned, remediated, or warned of the danger? We refer to this a “notice.” Can we prove the property owner/manager had actual or constructive notice of the condition? A lot depend on where the condition was found. It may be easier to prove notice if spilled milk is found in the milk section as opposed to in an aisle with dry foods.  

Even if a defendant “admits” fault at the time and place of the accident, unless their admission is in writing and signed, they and/or their liability insurance carrier may well take a different position once their insurance company gets involved.

Evidence is key in proving fault. In premises liability cases, and even in some intersection collisions, surveillance video may be available. Such video may only be preserved for a limited time, so the owner of such video must be notified right away to preserve such evidence.

Photographs taken at the scene may be key. In a premises liability case, take photos before any clean-up is done. In a motor-vehicle collision, take photos before any vehicles are moved. Vehicles may need to be preserved for inspection.

Witnesses (if available) may be key to proving fault, and will need to be contacted while their recollections are fresh. Experts may be required to help reconstruct accidents.

For all of these reasons, it is important to contact an attorney as soon as possible.

Related: What determines a case that a phoenix personal injury law firm takes?