Accidents are just that – they are not intentional, and they often happen when you least expect them. A lack of intent, however, does not always mean that no one was at fault.
Very often, accidents are the result of negligence on someone’s part. You tripped and fell over a child’s bicycle that had been left on the sidewalk, for example. Or you slipped on the wet floor of a shopping mall where an air-conditioning unit had leaked.
In these cases, as in thousands of others, an accident was caused by the negligence of another person. In such cases, you may have a legitimate claim for compensation against the negligent person. This is when you need an accident attorney.
What is an Accident Attorney?
An accident attorney provides legal representation to people who have been injured as a result of the negligence of others. They specialize in an area of law known as tort law, which is civil, rather than criminal, in nature. Typical tort law cases include vehicle accidents, defective products, slip and fall accidents and work injuries, among others. Lawsuits are typically settled out of court, and usually involve some sort of financial compensation for the injured party.
Types of Personal Accidents/Injuries
The most common types of accidents are:
* Vehicle (car and truck) and motorcycle
* Slip and fall
* Medical and dental
* Work related
* Products malfunctioning
How is Negligence Proved?
An accident attorney must prove one of four things in order for an accident to be classified as negligent:
1. Duty of care – was there an obligation on the part of the negligent party to act prudently to avoid injuring the other party?
2. Breach of duty – did the negligent party knowingly exposed the other party to a significant risk of injury?
3. Direct cause – did the deliberate acts, or lack of action, by the negligent party cause the accident?
4. Harm – did the injured party incur a financial loss (such as a medical bill) because of the negligence of the other party?
Do I Need an Attorney?
If you have a legitimate claim for injury, an accident attorney will help you fight for compensation, communicate with insurance companies, analyze the evidence, interview witnesses and experts and generally apply the law for your benefit.
Choosing a reputable company to protect the rights of injured is important. Be sure they are a BBB Accredited Business with a high rating.
Tort laws differ depending on what state you live in. Stephen J. Malman & Associates have a long track record of helping people with personal injury and accident claims. Visit Malmanlaw.com for more information.
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