Proving Negligence

Nov 22, 2015 by

For an activity to be considered “negligent,” it needs to pass four determining factors. You will find four facets to a negligence claim that overall discover if compensation ought to be given.

The first step asks if the defendant had a lawful duty-of-care. For instance, motorists have a legal duty of care for other drivers around them. Their obligation is always to generate safely, with consideration for the others on the road’s personal safety.

According to the website of Houston personal injury attorneys at Williams Kherkher, pursuing legal duty’s opening is the part of a breach of obligation. This factor entails that somebody using a legal obligation breaks that duty and served unlike a “reasonably prudent person” might. The phrase “reasonably prudent person” merely means an average man. Breach of responsibility is clear when the defendant’s action is located to be opposite to what an ordinary, reasonable person would do.

After past the first two steps, the next component to think about is causing. A violation of this obligation has occurred as well as in case the defendant’s duty was determined, then there should be motive to confirm the action is the source of the plaintiff’s harm. Also, there must be evidence that the defendant could anticipate and stop the accident from occurring.

Lastly, the damages are evaluated. This determines the settlement sum, if any, which will get to the complainant, and is the measure that is final.

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First Aid Measures for Burn Injuries

Mar 23, 2015 by

Responding to a burn injury will depend on the severity of the burn. As you may already know, burn injuries are typically classified into three types. You could be a parent concerned with the safety of your children. You could be working in an industry with high risks of injury, concerned with making sure you remain safe while on the job. Whatever the case, it’s important to be prepared and learn which first aid measures to take in case the worst happens.

First degree burns are the least alarming, with the injury affecting only the epidermis or top layer of the skin. Sunburns and other superficial burns fall under this category. It causes pain, redness, and swelling in the skin, which are pretty easy to remedy. Start by running the injured area under cool water or holding a cold compress against the area for 3-5 minutes. Make sure you don’t use ice or water that is too cold because it can cause even more damage to the skin. After that, you can apply some burn ointment or aloe cream to the affected area. You can also cover the injury with a gauze pad or bandage to keep the area sterilized.

A second degree burn is more serious because it involves the other layers of the skin protected by the epidermis. Aside from pain and redness, you will also see blisters in the skin that might break open and cause the injured area to look wet and raw. When this happens, it’s best to seek out emergency medical attention immediately. As you wait for help to arrive, you can try to ease discomfort by removing the clothes surrounding the burn, applying cool water to the injury for about 3-5 minutes, and keeping the area covered with a clean piece of cloth.

Third degree burns are the most severe cause the injured area to look charred, white, brown, leathery, dry, or waxy. Most of the time, the injured area will also feel numb. The most severe of these burns may feel painless due to nerve damage. Again, you will need to call 911 and seek immediate medical attention. Follow the same steps you would in case of a second degree burn. Just be sure you don’t try to force or peel off pieces of clothing that have been stuck to the injured skin.

According to their 2013 fact sheet, the American Burn Association estimates that over 60 percent of hospitalization cases are related to burn injuries. Majority of these injuries are caused by accidents at home, but some also happened due to accidents on the road or in the workplace.

Some cases of burn injuries could have been due to someone else’s negligence. When this happens, victims can pursue just compensation and find accountability for the devastating outcomes they’ve experienced. If you or anyone you know are in a similar scenario, don’t hesitate to seek legal counsel and learn which options are available for you.

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Spinal Cord Injury: A Very Costly Paralyzing injury

Aug 16, 2014 by

Every year, about 12,000 individuals are added to the more than 200,000 already suffering from spinal cord injuries (SCI). A spinal injury can result from either a non-traumatic or traumatic experience. While a non-traumatic experience can include infections, arthritis, cancer and other illnesses, disc collapse and inflammation of the spine, a traumatic one is a result of a sudden, forceful blow that can crush, fracture or dislocate any region/s of the vertebral column.

Spinal injuries can be caused by a gunshot, a hard fall or bump (with excessive force) during sport activities, a case of a slip and fall accident, of a motor vehicle crash. Due to the activities that usually lead to spinal injuries, the most common victims are, therefore, young males, especially those 16 to 30 years in age.

A spinal injury, whether it is partial (Paraplegia) or total (Quadriplegia) paralysis, can change a victim’s life forever. Not only will it require additional costly medical costs, but this paralyzing injury may also force you to make major changes in your work, activities, schedule – in all aspects of your life, actually.

Partial paralysis or Paraplegia, in particular can result to sexual side effects, extensive nerve damage, loss of fertility, loss of function and feeling of extremity and loss of bladder and bowel control. Almost half of all the cases of spinal injuries are partial paralyses, which may also be a result of medical malpractice, aside from car accidents and slip and fall.

A spinal injury is actually a result of damage or harm to the spinal cord or spinal/vertebral column since this damage will render the brain unable to send signals to different parts of the body. The brain and the spinal cord form the Central Nervous System, which is composed of nerve segments that are protected by the spinal column / vertebral column (simply called backbone or spine). To cushion and protect the spinal cord’s delicate nerve tissues, the Cerebral Spinal Fluid (CSF) encircles them, keeping them undamaged despite impact; but protection is only possible if the impact is not extremely forceful.

It is more possible than not, that if anyone is suffering from a spinal injury, that injury was sustained due to someone else’s negligent or reckless acts, rendering it a personal injury. Under the law, victims of personal injury ought to be compensated by the person, firm (or whatever entity) that caused such injury.

If you or a loved one has suffered a spinal cord injury because of medical malpractice, contact a personal injury lawyer today. You shouldn’t have to suffer alone and a personal injury lawyer will be able to guide you through this difficult time.

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