Cases We Handle
If you’ve been injured in a car accident, suffered a slip and fall injury, or have been injured by a defective drug or product, you may be entitled to compensation. It can sometimes be difficult to determine if you truly have a case, even when you know someone else is at fault for your condition.
Following are a few guidelines to help you better understand how personal injury cases are handled under the law, including how personal injury is legally defined. If you feel you have a case, you should contact us for a free consultation. We can evaluate your case and help you decide if you have a claim that is worth pursuing.
Personal Injury Definition
The law defines personal injury as a physical, mental or emotional injury. Lawsuits usually ensue when the injury is the result of negligence on behalf of another individual, business or other entity. Regardless of what kind of personal injury you’ve suffered, there must be proof or evidence to support the claim in order for a lawsuit to succeed.
Proving Negligence and Causation
The central components of any personal injury case are the ability to prove negligence and causation. It’s important to understand that negligence is quite different than carelessness. It is equally important to understand how to connect your injuries to the accident. While both negligence and carelessness can result in injury, any harm that may come to you as a result of another’s carelessness would not qualify under the law as a true personal injury case, though it may still fall under some other form of liability. In order for you to have a potentially winnable personal injury case, evidence must support the argument that your condition has resulted from negligence on behalf of another person, business or other entity. Legally speaking, negligence is conduct not on par with what a “reasonable person” would do to prevent foreseeable harm to another.
Causation is the legal connection between the harm that was created by the opposing party’s negligence and the injuries sustained. It is your responsibility to prove that the accident caused your injuries. For example, if you were rear-ended in a car accident and claim neck and/or back injuries, it is well understood that such injuries occur in and are caused by such accidents. In fact, such injuries are so common in rear-end car accidents that most people are well aware of the common term “whiplash injury” given to such injuries. In such cases, proving causation is usually not very difficult. However, if you claim more severe injuries with much more involved care and treatment, such as a knee or shoulder injury then it may be necessary for you to go through greater measures to show or prove that this particular caused caused such injuries.
If you’re unsure about the standards of negligence and causation, we will assess your claim and help you decide if the case is worth fighting for. We are ready to help. Call our personal injury lawyers today!
DIMINISHED VALUE/PROPERTY LOSS
If your vehicle has been repaired due to an accident, its resale value may be seriously compromised.
That’s because most buyers will pay less for a vehicle that has been in an accident. When it’s time for you to sell or trade-in your vehicle, you may find that its value may have been diminished — beyond normal wear and tear — simply because of its accident history. There’s a way to recover the difference between your vehicle’s pre-accident value and reduced value following repairs. Through a diminished value claim, you can be compensated for the loss of your vehicle’s value as a result of damage in a motor vehicle accident.
Surprisingly, diminished value claims are rarely pursued. Insurance companies do not tell you that you have the right to recover compensation for your vehicle’’s loss in value. They will also do everything possible to limit the amount they pay you.
Get what you deserve for the loss of your vehicle’s value. Contact Negretti & Associates today. Our team of skilled diminished value attorneys can help you maximize your recovery.