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Value of a Knee Injury

If you are injured as a result of someone else’s negligence you may be eligible for compensation by way of a personal injury case. The whole point of a personal injury claim is to receive compensation for whatever damages and losses you suffer as a result of the injury you sustained due to an accident or incident. Therefore, it is not unreasonable to want to know the value of your claim. This article will focus on factors that play a part in deciding the value of a knee injury personal injury claim.https: When it comes to valuing any personal injury case the truth of the matter is it entails basically coming up with the best likely guess of what a plaintiff may be awarded by a judge or jury. Therefore, you will need the help of a car accident lawyer in Bakersfield CA  as it takes two main issues into consideration using these as a yardstick: What the defendant would likely be willing to pay What the plaintiff would likely be willing to accept a settlement No matter whether it is the plaintiff or the defendant trying to calculate the compensation two factors stand out when it comes to valuing injury cases, these are: How bad was the plaintiff’s injuries and how much are his or her losses? The likelihood of a jury finding the defendant liable for the accident or incident that led to the knee injury. When considering the extent of the plaintiff’s injuries the nature, severity and duration of the knee injury take precedence as determining elements. According to Orthoinfo [Common Knee Injuries – OrthoInfo – AAOS] a ‘knee is a very complex joint made up of many components, as a result, it is vulnerable to a number of injuries. Knees are made up of bone, cartilage, tendons and ligaments’. Common knee injuries that may be suffered include dislocations, sprains, fractures, meniscus tears, joint or bone damage and tears to the ligament. Typically, the higher the severity and long-lasting the knee injury, the higher the compensation for settlement or jury verdict to be expected. In addition, injuries such as fractured bones often lead to larger settlements in comparison to soft tissue injuries; and any injury that can be proven by way of an MRI or x-ray are likely to be taken more seriously, as compared to ones that do not appear on imaging evidence. Further, more weight is assigned to injuries that require treatment by physicians rather than physical therapists or chiropractors. It must be noted that trying to accurately determine how much compensation will be received by a plaintiff is difficult and almost impossible. This is because if the matter goes to trial the jury ultimately makes the final decision as to how much money the defendant must pay the plaintiff. However, some aspects are easier to predict such

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Residual Injuries and Compensation

After being involved in an accident that has left you with injuries, sometimes it is hard to determine how long those injuries will last. There are what is referred to as residual injuries or long lasting injuries, which can be sustained in a car accident. It is important to understand how such residual injuries may affect the compensation value of your claim. This article will discuss the effects that residual injuries have on your personal injury case value. The term residual injury is used in reference to permanent or long-lasting injuries that are suffered by an accident victim. Speak to a car accident attorney in Bakersfield  to know more about the residual injury damages in your case. Residual injuries include: Scarring – a common and permanent residual injury is scarring. This can be either from the original injury suffered by the individual or as a result of the needed medical treatment they underwent. When scarring is extensive and or prominent it often means that the plaintiff will receive a large value for damages. Such a large value can be attributed to cosmetic reasons as well as the fact that scar tissue results in the area where it is on the flesh to be less flexible. When scarring is found on joints or areas of the body that flex it may result in permanent, while slight, loss of movement. As such, it gives reason for a higher value in damages. Disfigurement[Disfigurement Definition | Law Insider] – it is often the case that any compensation with regards to the disfigurement of an individual has a high monetary value only when the scarring and disfigured area is visible to the public. For disfigured areas that are found underneath clothes or can be covered by clothes these generally do not attract a high value for damages. Further, while there is no written social bias it is likely that a woman who has permanent scarring and disfigurement is considered to be more affected as compared to a man who may have the exact same scar on the exact same place of the body. Even aspects of ageism come into play, as well as social standing. For example, a young single woman is more likely to be compensated more for her scars as compared to an older married woman. Joint or back injuries – some injuries related to joints and back leave permanent or long-lasting effects after one is involved in an accident. This is especially so in accidents that cause spine disc injuries displacement, damage or narrowing to the vertebra cartilage, dislocation or ligament injury to any joints While it may be true that the pain subsides or the injury resolves or stabilizes, it is likely that the injured individual will suffer some form of discomfort, pain or a lack of mobility as they age. As a result, such injuries attract a higher compensation value. The truth is that no matter how small the residual injury, disability or disfigurement is, it can have a large and long-lasting effect on your life for a long time. And when an injury has a serious effect on our lives it has a direct impact on the value of our personal injury case.

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Vehicle Accidents: Common Injuries

It has been reported by the National Highway Traffic Safety Administration that over 3 million people are injured annually in vehicle accidents across the United States. The types of injuries are largely based on the circumstances surrounding the accident, however, some injuries are more common than others. This article will discuss the most common type of injuries being caused in vehicle accidents. In some circumstances injuries resulting from a car accident may very well resolve in a few days even without a person receiving medical treatment. However, this is not the case with more serious injuries, such as those that may result in causing permanent disability. If you are involved in a car accident then speak to Bakersfield auto accident lawyers [https://www.youngwooldridge.com/bakersfield-car-accident-attorney/] with regards to availing the due compensation for your injuries. Injury severity and type basically depends on a number of factors; such as: Whether or not the individual was wearing a seatbelt The position the individual’s vehicle was hit from; that is the side, front or rear end What was the positioning of the individual’s body; facing forward, sideways? The speed at which the accident occurred; was it a high speed accident or low speed one? The presence of airbags in the vehicle, and their positioning Generally, there are two categories of injuries that result from car accidents; impact injuries and penetrating injuries. Impact injuries are when an individual’s body hits some part of the inside of the vehicle. For example, when you hit your elbow on the frame of the door. Penetrating injuries, on the other hand, are generally cuts and scrapes; this can be as a result of glass that has shattered or objects flying inside the car. The most common injuries caused in a car accident are: Soft tissue injuries – these are injuries to the body’s connective tissue that is ligaments, tendons and muscles. A typical example of a soft tissue injury that is common in car accidents is whiplash[Whiplash – Symptoms and causes – Mayo Clinic]. This type of injury is where the muscles and ligaments in the neck and upper back are stretched as a result of the jerking movement of the head and neck caused in an accident. Cuts and scrapes – it is not uncommon to have various items in our vehicles for our convenience such as glasses, cell phones, coffee mugs, dash cams, handbags, and even books. It is these things that cause cuts and scrapes in the event of an accident as these loose objects fly around in the car during the collision and may inflict injury to the vehicle occupants. An airbag could result in cuts and scrapes when it deploys. Head injuries – these may range from minor to serious. When a vehicle stops unexpectedly or changes direction occupants’ heads are subjected to sudden movements that are unnatural. These may result in muscle strains as well as a shaking of the brain. The domino effect of the accident could result in traumatic brain injury, concussions, brain bleeds, etc. Chest injuries – these often happen due to the positioning of the steering wheel and how much freedom of movement is available. An occupant’s body can be thrown forward against a seatbelt which can result in bruising Leg and arm injuries – are often from side impact

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Personal Injury Involving Minors

Most personal injury cases result from accidents or incidents that involve adults. However, it is unfortunate that some accidents or incidents involve children. This article will discuss personal injury laws relating to accidents and incidents involving children. It must be noted that personal injury law assumes that a child does not use the same well-informed judgment as compared to adults. As a result, there are special rules that have been created when it comes to issues relating to compensation and liability for accidents that involve children. While accident occurrences are not uncommon with children, there exist certain incidents that befall children that lead to a personal injury claim. As with a personal injury claims relating to an adult, the issue of negligence [Negligence | Wex | US Law | LII / Legal Information Institute (cornell.edu)] or carelessness plays a large part even in personal injury claims relating to children. Take note that, for personal injury case, a child is considered to  be any person under the age of 18. It must be noted that while the procedures and rules used with regards to personal injury compensation vary from one state to the next, children are entitled to the same range of damages that can be compensated for in a personal injury case that was filed by an adult. Therefore, a child may be compensated for pain and suffering, disability, emotional distress, and permanent injury,  even for future lost income if the injuries are severe and permanent. In addition, the child’s parent or guardian has the right to be compensated for medical bills that were paid on behalf of the child; however, this is separate from the other damages. As expected, a child is not able to negotiate the settlement of their personal injury claim, therefore, their parents have the legal right to do this on their behalf, hopefully with the assistance of legal representation from Bakersfield car accident lawyers. Most states in the United States, including California,  require a judge to approve any settlement before it is finalized on behalf of the child. There are instances where minors are legally liable for accidents. The liability is similar to the issue of care and carelessness as in all personal injury claims involving adults. However, the standard of care expected of an adult does not apply to minors. The issue of one being careful gives the implication of the individual fully understanding the risks associated with being careless; however, minors, and specifically young children, do not fully comprehend the risks in the same way that an adult does. As a result, the standards are applied differently with children in different age groups regarding the standard of liability or negligence. Generally, children who are younger than 7 years of age are not held liable for injuries that were caused accidentally; it is said that they are too young to comprehend their actions were careless. However, their parents or legal guardians may be held liable for negligence for failure to control their child  in such instances Older children, above 7 years old, on the other hand, are typically held responsible for their negligence if they fail to act carefully,  but since they are children their actions are judged by the actions of a reasonably careful  child of  the same age. However, children in their middle teens are generally held to the same standard as adults.  

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Personal Injury: Negligence Per Se

One term sometimes used during in a personal injury case is “negligence per se.” This article will discuss what negligence per se is and how it might affect your personal injury case. Negligence per se is a legal concept of fault that can be used in certain personal injury cases to prove negligence. Various jurisdictions define negligence per se in different ways, however, the differences are slight and generally, negligence per se applies when a defendant violates a specific law, and that is the underlying cause of the accident. According to the Cornell Law School Legal Information Institute [negligence per se | Wex | US Law | LII / Legal Information Institute (cornell.edu)] negligence per se “means negligence in itself…a defendant who violates a statute or regulation without an excuse is automatically considered to have breached her duty of care and is therefore negligent as a matter of law.”  By proving a defendant violated the law, you do not need to prove anything further to show negligence.  It is the violation of the law that proves the negligence. The principle of negligence per se speaks of an act as being negligent when the violated law is one that has been designed and created to protect the public. This includes the violation as a few examples, of the following laws: Speed limit laws Driver blood alcohol content limits Zoning codes Building codes The concept of negligence per se is a way  to prove the negligence elements of duty of care and a breach of duty the of care. As a result, there is no need to establish or demonstrate the manner in which the defendant acted in a careless manner when using the concept of negligence per se,  once the violation of law is proven. So in a car accident, there is no need to argue as to how the defendant driver fell short of their duty of care; rather, the question is was the law violated or not. If it was, the question now focuses on whether this violation was the cause of your injuries or damages. If the driver was, for example, convicted of an infraction for driving through a red light,  that will be all  that is needed to prove negligence. In a personal injury case, one may bring the negligence per se allegation as a stand-alone claim, or it may included under a negligence cause of action filed in a personal injury case. As with the legal concept of negligence, there is a need for the plaintiff to prove specific elements of their case. This requires a qualified and experienced car accident lawyer in Bakersfield. The lawyer must establish that: A law was violated by the defendant – often this is easy to show in car accidents as the driver may be convicted of a traffic violation The law was designed to prevent injury that thus occurred – most laws are clear as to their intent is to protect the public, and are designed to ensure the prevention of bodily injury or some form of harm. Often this is spelled out in the law text itself. The plaintiff is among the class of persons to be protected by the law that was violated – the majority of laws that are in place are designed to protect the general public, therefore, proving that the law encompasses protection of the plaintiff may be easily established. While negligence per se may appear to be pretty straightforward, it must be noted that there exist exceptions and these require legal experts to navigate successfully. Contact a personal injury lawyer for legal advice and representation in your case.          

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Common Bicycle Accident Causes

A bicycle ride provides exercise as well as being recreational. Unfortunately, the percentage of highway deaths relating to non-vehicle occupants, including bicycle riders, has increased from 13% in 2003 to 17% in 2012. There are a number of causes that are common to bicycle accidents. This article will discuss some of the common causes of such accidents as well as how to avoid them. It must be noted that when an accident happens between a vehicle and a bicycle it is the bicycle rider that is most likely to be injured, or, in worst case scenarios, killed. According to the National Highway Traffic Safety Administration (NTHSA) [Bicycle Safety | NHTSA] in 2019 alone there were 846 bicyclists killed in traffic accidents. In addition, there were also 49,000 injuries sustained in 2012. If you have been injured as a result of a bicycle accident, ensure that you contact a Bakersfield bicycle accident attorney  for legal advice and representation. It is important to take note of common causes of bicycle accidents in order to avoid bicycle accidents, some of the common causes are: Distracted riding – This is similar to distracted driving, however, when a cyclist takes his mind and or eyes off the road in front of him, this may prove to be fatal. A large number of cyclists look down at their phones, music devices or other mobile devices while they ride. Others are confident enough to text, email, surf the web or do other activities on their mobile device while riding their bicycles. Such distractions can lead to accidents. Speeding – Generally, bicyclists do not ride as fast as cars do, however, that doesn’t mean that bicyclists are unable to ride as fast as possible. It is when a bicyclist chooses to speed that can lead to serious injuries and death when an accident occurs with motor vehicles. Further, other elements that increase the seriousness of injuries associated with an accident that occurs when a bicyclist is speeding are when the road and terrain are in bad condition, or when the weather conditions are also bad. Such factors must be taken into account when deciding a safe speed to use when riding. Too close for comfort – It is of the utmost importance that drivers leave a minimum of three feet between themselves and other vehicles. At least twenty states require motorists to give a three-foot space between their vehicles and a bicyclist when passing in the same lane. However, the bicyclists shouldn’t assume that vehicles will leave a lot of space for them, therefore, it is much safer for the cyclist to use a shoulder lane or sidewalk instead of riding their bike at the edge of the roadway. In addition, it is important that cyclists know which highways and freeways, as well  as which sidewalks, do not allow cyclists on them. Road rules – In most states bicyclists are considered as vehicles, as a result, they are subject to the same rights and responsibilities as other vehicles on the road. Therefore, they must obey traffic lights and stop signs and other road signals. Cars Don’t See You – it is unfortunate that people driving cars don’t always look out for bicycles, motorcycles or even pedestrians and can have big blind spots when it comes to bike riders.  Use extreme caution, especially in intersections.

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What is your ‘duty of care’?

In personal injury cases, the issue of liability boils down to who was careful and who was careless. Determining fault in a personal injury accident claim is often done under the legal theory of negligence. One of the four elements of determining negligence is the duty of care; this article will discuss the ‘duty of care’ in relation to fault in an accident. Negligence is defined by the Cornell Law School Legal Information Institute [Negligence | Wex | US Law | LII / Legal Information Institute (cornell.edu)] as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” There are four elements that must be proven in a personal injury negligence case, these are: Duty of care Breach of duty of care Injuries Causation Duty of care is whereby the law requires an individual to act in a reasonably careful manner. With regards to a vehicle driver, the duty of care requires that they use reasonable caution in all aspects of operating their vehicle. This is an obvious duty of care and it is often outlined in the DMV booklet and the tests carried out for an individual to receive a vehicle driving license. According to the Cornell Law School definition, negligence involves behaving with ‘a level of care’, such a level of care can be rephrased as taking ‘reasonable care’. The basic rule in negligence is that individuals must take reasonable care so as to avoid injury or harm to others. However, it must be noted that when it comes to various forms of personal injury cases, reasonable care varies with regards to time, place, and the relationship between the people. With regards to motorcycle accidents, reasonable care is expected from all road users at all times and on any road. If you require more information as to who was negligent in your motorcycle accident case speak to a Bakersfield motorcycle accident lawyer today. While the statement, “reasonable care is expected of all road users” may be truthful, to some extent it is vague. Thus, the question arises as to what legal duties drivers have that would qualify as reasonable care. Some examples of legal duties each driver has include the following: Reasonable speed – All drivers have the duty to drive their vehicle at a reasonable speed for the conditions. Such speed does not necessarily have to be the posted speed limit or just below it, rather, a driver needs to be prudent in determining the best speed based on circumstances relating to the existing traffic, weather conditions at the time, visibility, and the road they are traveling on. As a result, a driver may be found to be negligent for driving at the posted speed limit in bad weather or with low visibility. Keeping control of your vehicle – A driver is expected to maintain control of their vehicle at all times. A driver may be found to be negligent if they lose control of their vehicle for any reason. Driver-related state law – Every state has motor vehicle laws that govern how drivers are expected to conduct themselves on the road. Violating such laws presumes negligence.  For example, failing to stop at a traffic signal is a violation of law.

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What Type of Evidence You Need To Show For Your Personal Injury Claim?

After being involved in an accident, you will need to have evidence to support any personal injury claim that you may want to make later. Therefore, it is essential to gather all the necessary evidence for your personal injury claim. This article will discuss how to gather evidence and what evidence is needed for your claim. Firstly, it is of the utmost importance to note that the first few days after the accident or incident are the most crucial when it comes to gathering evidence. This is mainly because the longer time passes, the less likely it is that the evidence will still be there or the evidence may be destroyed. Many different types of evidence must be used to strengthen your personal injury case. Some common forms of evidence to gather and preserve include the following: Physical evidence – such evidence can be touched or seen as compared to being described. When it comes to an accident, thefault can be easily determined by having physical evidence. This can include a dent in a vehicle that shows where it was hit by another car. Or it can be a way of showing how severe the impact of the accident was or bloodied clothes showing the severity of injuries. It is essential to gather and preserve physical evidence within the first few days after the accident. This is because such evidence can get lost or changed by time or weather and destroyed or repaired. One way of gathering physical evidence is through photographs, as this preserves the evidence exactly as it was at the time of the accident. Using photographs – photographs are a good option when you do not have the piece of physical evidence or cannot preserve it. Photographs can be taken by a smartphone or digital/standard camera. When taking photographs, a large number of photos must be taken from different angles. This allows you to pick out the best ones that clearly show what you were trying to highlight. Another option is to shoot a video. Do not forget to take pictures of the road in car accidents just in case skid marks[Speed from Skidmarks – Collision Recon] are present. If possible, take photos of the traffic flow on a specific day at a particular time, etc. Photographs should be taken accurately, so they show the conditions that were there immediately after the accident. Further, it is essential to print out or process the photographs immediately and ensure that the date is indicated on the back of the prints, on a receipt or digital file. Take note that if an accident happens in an open public place, you have the right to take pictures. Go back to the accident scene – it is always encouraged to return to the scene of the accident as soon as possible. Just in case there’s evidence or witnesses available. To learn more about the evidence needed to support your personal injury case, speaks to a Bakersfield car accident attorney at [https://www.youngwooldridge.com/bakersfield-car-accident-attorney/] today.    

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Elements to a Successful Personal Injury Claim

At one point in most people’s lives, they will be involved in an incident that will lead to an injury. This could be from a car accident or slip and fall accident. However, not every incident requires legal action. That being said, when another person or entity is liable or at fault for your harm or injury you may be eligible to file a personal injury claim. This article will discuss what you need in order to make a personal injury case. To make a personal injury claim, by way of a lawsuit or insurance claim, you will need to be able to prove that the defendant was negligent in some way. In addition, you will need to prove that as a result of his or her negligence this led to your injuries or damages. The term negligence [Negligence | Wex | US Law | LII / Legal Information Institute (cornell.edu)] is defined as “a failure to behave with a level of care that someone of ordinary prudence would have exercised under the circumstances.” The behavior usually consists of actions, but can also consist of omissions when there is a duty to act.” As a result, proving negligence is a key element in determining the likelihood of success of your personal injury case. In personal injury law, the burden of proving the two elements of fault and damages fall squarely on the shoulders of the person making the claim. In the event that your claim gets to trial the legal standard which you must prove your case is by “a preponderance of the evidence”. This basically means that you must prove to the jury or judge that it is ‘more likely true than not true’ that everything you are saying is correct with regards to the cause and extent of your injuries and the liability of the defendant. That being said, it is highly unlikely that your case will make it to trial or to the verdict stage; as the majority of personal injury cases are settled long before these stages. However, when looking at how strong your case is, it is important that you think along the lines of successfully meeting the burden of proof required in a personal injury case. It must be noted that it is not in every single personal injury case where the question comes down to whether or not the defendant was negligent even though this is an extremely important factor. Different personal injury cases focus on different aspects. For example, if the injury you suffered was because of a defective product or an accident at work then your claim follows totally different rules. A workplace accident follows the rules of making a worker’s compensation claim. In this regard, the question does not come down to liability as an issue, rather, it is where the accident or injury took place and if it really is a workplace accident. Further, a key rule with regards to workplace accidents is that the injured employee or worker is barred from suing the employer by law in most cases. To learn more about what makes a civil case succeed and what is required speak to a personal injury attorney in Bakersfield CA [https://www.youngwooldridge.com/].    

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Duty of Care and Personal Injury Cases Pt. 2

A commonly used term in personal injury cases is the “duty of care”. This article will discuss how the duty of care is breached and how this may lead to a personal injury case. Duty of care plays an important role in determining fault in a personal injury case. A basic English definition of the duty of care is “a moral or legal obligation to ensure the safety or well-being of others”. When an individual fails to meet the legal obligation of a duty of care, they are said to have breached their duty of care and may be held liable for any harm or injury that results. A person can hold another person or entity liable for breaching a duty of care by way of filing a lawsuit of negligence. The person filing the lawsuit is referred to as the plaintiff and the party being sued is the defendant. However, at this stage, the breach of a duty of care and negligence are just allegations or claims and must be proved. To have a successful personal injury case the plaintiff must prove four elements: A duty of care must exist There must be a breach of the duty of care Damages Causation[Cause | Wex | US Law | LII / Legal Information Institute (cornell.edu)] The legal term negligence basically means a breach of a legal duty of care. The duty of care and the breach form part of the four elements to be proven by the plaintiff. The duty of care must be established.  For example, in a car accident a driver always has the duty of care of driving in a way that ensures the safety of all other road users. The plaintiff must prove that there was a breach of this duty of care. There must exist some harm or injury suffered by the plaintiff; therefore, near misses usually do not count. Further, there must be a link between the harm or damage suffered and the breach of the duty by the defendant. This is referred to as causation. How then does a breach of the duty of care lead to a personal injury case?  Consider this illustration: James drives his semi-truck. One day he is running late and is driving over the speed limit. Annie is in her personal vehicle on the way to the grocery store and is slightly under the speed limit. James runs a red light and slams into Annie. Annie suffers a spinal injury, broken arm and broken ankle. Annie may choose to file a personal injury lawsuit against James. To succeed in her lawsuit, Annie would need to prove the following: James had a duty of care.  Every  driver has a duty o f care  to other drivers  and generally to anyone in the area to drive safely. James breached his duty of care – driving above the speed limit and running a red light qualifies as a breach of duty of care. Harm – Annie’s injuries count as harm or damages The breach caused harm. Had James not sped and run a red light, Annie would not have been injured. Therefore, Annie has a valid case. For more information on personal injury cases contact a Bakersfield accident [https://www.youngwooldridge.com/bakersfield-car-accident-attorney/] law firm.

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