Personal Injury 360

Suing a Business For Personal Injury? Here’s What You Need to Know

You know that if you are hurt in an accident, you can file a claim against the individual who harmed you. But what happens when a business entity is responsible for your personal injuries? How are your rights affected? Can you sue the business? You may be able to, but pursuing a personal injury lawsuit against a business can be more complicated than it would be against an individual.

Personal injury attorneys can help you navigate the complexities of suing a company and recover the compensation you deserve.

When Are Businesses Liable For Personal Injuries?

Businesses may be legally responsible for personal injuries in various situations, including those that involve:

Vicarious Liability

Vicarious liability is the legal concept that holds employers responsible for the actions of their employees. For example, if an employee is working at the time of a car accident, their employer may be held legally liable for the resulting damages.

Their Own Negligence

Businesses can also be responsible for their own acts of negligence. For example, they may have negligently hired unqualified or dangerous staff.

A negligence claim requires showing that the defendant owed a legal duty to act in a certain way, breached that duty, and caused injuries, which resulted in damages.

Damages may include losses such as:

Medical expenses
Costs to repair or replace your damaged property
Lost wages
Reduced earning capacity
Pain and suffering
Loss of enjoyment of life

Keep all documentation related to your losses to help prove your claim.

Failure To Maintain the Premises

Businesses can also be held responsible for injuries that occur on their property. Business owners have a legal duty to maintain their premises in a safe condition that prevents injuries to visitors. If they fail to uphold this duty and someone is hurt as a result, the business may be responsible for those injuries under premises liability laws.

For example, customers who enter a store reasonably expect that they can shop on the premises without being injured.

Businesses could potentially be sued for injuries caused by conditions such as:

Wet or slippery floors
Missing or broken steps
Cracked pavement
Cluttered aisles
Insufficient lighting
Inadequate security
Failing to place warning signs near a hazard

An experienced personal injury lawyer can review the situation and determine if the business failed to maintain the premises.

What To Do If You’re Injured At a Business

If you’re injured in a situation in which you believe a business was responsible for your injury, there are steps you can take to protect your legal rights, including:

Reporting the accident to the business owner
Seeking prompt medical attention
Taking photos or videos of the accident or factors that contributed to it
Asking witnesses for their contact information
Keeping all of your medical records and documents related to the accident
Filing an insurance claim

It can also be helpful to write down a brief summary of how the accident happened while your memory is fresh. An experienced personal injury attorney can help with your claim.

How To Prove That a Business Is Responsible For Your Injury

In order to prove that the business is liable for your damages, you will need strong evidence. For example, in cases caused by a failure to maintain safe premises, you will need to demonstrate that the business owner knew or should’ve known about the dangerous condition and failed to remedy the problem.

Evidence that may help establish this information might include:

Accident or police reports
Witness statements
Photos of the accident scene
Video footage from surveillance cameras, witnesses, or traffic cameras
Property damage reports
Personnel and maintenance records

Reach out to an experienced Fort Worth personal injury attorney for help gathering and preserving this evidence.

How Car Crashes Result in Criminal and Civil Liability

Nevada is an at-fault state for car crashes, meaning drivers responsible for motor vehicle accidents can be held civilly liable for damages. In some cases, a collision may also result in criminal charges.

As a result, a person could face both a car accident lawsuit and criminal prosecution for the same incident. In such a situation, consulting both a personal injury lawyer and a criminal defense attorney is advisable.

What Types of Scenarios Could Result in Criminal Charges for a Car Accident?

In many cases, car accidents result in traffic infractions. However, traffic tickets are typically not criminal charges. The driver pays a fine, but they do not have a criminal record or face jail time.

However, several Nevada laws could result in criminal charges if a driver causes a car accident. Examples of car accidents that could result in criminal prosecution include, but are not limited to:

DUI Accidents

Driving under the influence of alcohol and/or drugs is illegal under Nevada DUI laws. Suppose a drunk driver causes a car accident. The police will likely arrest the driver for driving under the influence or DUI per se (driving with a BAC above the legal limit).

Hit-and-Run Accidents

Drivers might fail to stop at an accident scene for many reasons. For example, the driver might not have car insurance or a valid driver’s license. The person could have outstanding criminal warrants or be afraid of immigration consequences.

Whatever the reason for fleeing an accident scene, it is against the law under one or more Nevada laws. If law enforcement identifies the hit-and-run driver, the person could be charged with a misdemeanor. The charge would increase to a felony if the car accident resulted in serious bodily injury or death.

Reckless Driving

Reckless driving can result in criminal charges, especially when the driver causes an accident while operating a motor vehicle recklessly. Reckless driving typically occurs when a driver operates a motor vehicle with a willful or wanton disregard for the safety of other people or property. Participating in unauthorized trick driving or speed races can also result in reckless driving charges.

A reckless driving charge is a misdemeanor. However, if the driver causes a car accident that results in death or serious bodily injury while driving recklessly, the state can charge the driver with a Category B felony.

Vehicular Manslaughter

Some car accidents result in a wrongful death. The driver could be charged with vehicular manslaughter under Nevada Revised Statute §484B.657.

The driver does not need to intend to cause a car accident or harm someone to be found guilty of vehicular manslaughter. If the driver’s negligence caused the crash that resulted in the person’s death, they could be convicted on criminal charges. Vehicular manslaughter charges could result from a distracted driving accident, failing to yield the right of way, drowsy driving, illegal turns, and other traffic infractions or general negligence.

What Is the Difference Between Criminal Charges and Civil Liability for a Nevada Car Accident?

A criminal case and a civil liability claim are separate cases. The criminal case is brought by the state and tried in criminal court. A civil lawsuit is filed by the injured party and heard before a jury or judge in civil court.

Criminal charges for a Nevada car accident could include incarceration, fines, a suspended driver’s license, community service, and other criminal penalties. The punishment depends on the specific criminal offense and the facts of the criminal case.

However, a civil claim for a car accident is about making the injured party “whole” by compensating the victim for damages caused by the car crash.

Damages for a car accident claim include economic damages. These damages represent the financial losses and expenses incurred by the injured party. Examples include lost wages, medical bills, and out-of-pocket expenses.

A car accident claim can include non-economic or “pain and suffering” damages. These damages compensate the victim for emotional distress, physical pain, mental anguish, decreased quality of life, and permanent impairments. Non-economic damages can also include scarring, disfigurement, and the loss of enjoyment of life.

Does a Criminal Case Affect a Civil Car Accident Claim?

The outcome of a civil case or criminal case for a car accident does not depend on the outcome of either case. For example, the state might not charge a driver with a crime after a car accident or the driver could be acquitted of the criminal charges. However, the victim might still recover compensation for a civil liability claim.

Likewise, a criminal conviction does not guarantee the victim will win a personal injury claim. Victims of car accidents can benefit from consulting a personal injury lawyer about their rights and options after an accident. Contact an injury attorney today to schedule a free consultation.

6 Ways a Lawyer Can Help You With Your Personal Injury Claim in Florida

The days and weeks following an accident or personal injury can be confusing and frustrating. You may need a personal injury attorney to help with your personal injury claim. If so, you are not alone.

Many accident victims hesitate to contact a personal injury attorney. They may think they can handle the claim independently or believe hiring an attorney is too expensive. Whatever the reason, filing a personal injury claim without a personal injury lawyer could jeopardize the outcome of your case.

How a Florida Personal Injury Lawyer Can Help You With Your Claim for Compensation

Personal injury lawyers have experience, skills, and resources that the average person does not possess. They understand Florida’s personal injury laws and insurance regulations and routinely help victims and their families seek fair compensation for damages.

If you are unsure whether you need legal representation, here are six ways a personal injury lawyer can help you with your injury claim:

1. Handle Investigations and Discovery

Injured victims have the burden of proof in a personal injury case. They must have evidence proving legal elements to establish causation, fault, and liability.

A personal injury attorney will investigate your claim to determine how your injury occurred and identify the responsible parties. They’ll gather evidence, including tracking down witnesses, securing evidence from the accident scene, obtaining accident reports, and much more.

Lawyers might also work with experts during the investigation to gather additional evidence to establish the other party’s fault. The investigation can be costly. Most personal injury attorneys front these costs.

2. Document and Value Damages

Damages in a personal injury case include expenses and losses (economic damages) and pain and suffering (non-economic damages). The party who caused your injuries pays you a monetary amount for these losses.

Accident victims may be aware of some damages, such as medical bills and lost wages. However, they may not be aware of the other damages they could receive.

An attorney meticulously documents all damages to maximize the value of the claim. Then, they evaluate the damages to determine how much the case is worth.

Valuing damages can be tricky. For example, there is no standard formula for putting a price on pain and suffering. Insurance companies routinely undervalue damages, especially when the victim is not represented by an attorney.

3. Prepare a Settlement Demand Letter and File Insurance Claims

Insurance companies have endless resources and trained professionals to fight claims. An injury lawyer files insurance claims, handles all related matters, and evens the playing field.

Your attorney will prepare a settlement demand letter to send to the insurance company. The letter outlines the facts of the case, your injuries, and your damages. It also provides a legal analysis of the case explaining why the other party is legally responsible for your damages.

4. Evaluate Settlement Offers

The insurance company will likely counteroffer for a lower settlement amount. In some cases, it might make a settlement offer first.

An injury lawyer will evaluate the offer to determine if the settlement amount is fair and reasonable. If not, the attorney may counteroffer and negotiate with the company for a fair settlement.

Signing an offer without a lawyer is unwise. The settlement agreement and waiver you sign include a general release.

You agree to waive your rights to pursue a claim when you sign the agreement. In other words, you cannot demand more money even if you discover new evidence or additional injuries and damages.

5. Bring an Objective Perspective to Your Case

It can be difficult to be objective about your personal injury claim. You rightfully expect the party who caused your injury to pay for all bills related to the injury. You expect them to reimburse you for your losses and expenses and compensate you for your pain and suffering.

However, your case might not be as strong as you believe. There could be several reasons you should accept a settlement offer instead of filing a lawsuit.

For example, there may be insufficient evidence to prove your claim. If so, a jury could rule for the other party at trial. You may be partially to blame for your injuries, which could result in your compensation being reduced under Florida’s comparative fault laws.

An attorney looks at the big picture. They’ll analyze all factors that impact your case to determine the best possible resolution, given the facts. Your attorney gives you an honest, thorough assessment of your options based on sound legal principles instead of emotion.

6. Represent You in Court If Necessary

Most personal injury claims are resolved without going to court. However, if your case does not settle, you may need to file a personal injury lawsuit. If an attorney has been working on the case from the beginning, they will be prepared to file a lawsuit, which can significantly shorten the timeline of your case.

Seek Help From an Experienced Florida Personal Injury Attorney

If you sustain an injury due to another party’s actions, seeking help from a Florida personal injury lawyer is strongly recommended. Attorneys provide free consultations, so there is nothing to lose by scheduling an appointment. You’ll learn more about your case and the benefits of hiring a lawyer so you can make a decision that is in your best interest. Furthermore, if you hire a personal injury lawyer, you will likely receive their services on a contingency fee basis. The attorney agrees to be paid from the proceeds of your case, so you do not risk anything by hiring the attorney.