What is a Toxic Tort and What Does it Have to Do with Personal Injury?
In personal injury law, a tort is a personal injury caused by civil (not criminal) wrongdoing. Generally, torts are not done intentionally but involve negligent behavior such a drunk driver causing a car accident that injures another. A toxic tort is when the injured person (plaintiff) alleges that they were harmed because of exposure to a toxic substance or chemical because of the negligence of another.
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What is Duty of Care in Personal injury Law?
Most personal injury claims center around the negligence of the defendant in order to establish the defendant’s fault for the accident. And yet, the very first element in a successful personal injury claim is showing that there was a relationship that created a “duty of care.” It would be helpful to understand what is a duty of care, how it relates to negligence and some examples of when a duty of care is owed.
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What is False Arrest and Can I Sue for Damages?
An arrest is when a person is apprehended and taken into custody; it requires probable cause. A false arrest is when a person is held against their will or taken into custody without consent or a legal justification. When a person is falsely arrested, they may be able to bring a civil claim for damages under tort law. Note that many false arrests are carried out by store managers, mall security guards and others who are not police officers.
A false arrest is considered an intentional tort, which means that the accused knew of and wanted the consequences of their actions.
If you were the victim of false arrest, contact an experienced local personal injury attorney. The lawyer can review the details of your situation and discuss your legal rights. If the attorney takes your case, they will work to negotiate a fair settlement or jury award for your damages.
Proving an intentional tort
Intentional act:
In order to prove an intentional tort, the plaintiff will need to show that the defendant’s conduct went above and beyond simple carelessness or negligence. It must be proved that the defendant intentionally restrained the plaintiff.
Awareness of confinement:
In order to recover damages, the plaintiff will need to show that they were aware of the confinement at the time it happened. Defendant’s may argue that the plaintiff was too intoxicated or drugged to be aware of being confined. Note that the plaintiff does not need to know that their arrest wasn’t legal when it was happening but if they consented to be arrested because they thought it was legal, they will not be able to sue to recover damages for false arrest.
Was there a legal basis for the arrest?
A defendant will attempt to prove that there was a legal basis for the arrest they made, such as reasonable suspicion of a crime being committed, or a warrant or court order. This means that a reasonable person in the defendant’s position would have had cause to believe that the plaintiff was committing a crime before they arrested them or that they had a legal warrant/court order for their arrest.
Can police officers be sued for false arrest?
In Washington State, “A police officer is immune from liability for false arrest and false imprisonment when he acts pursuant to and in accordance with a statute he reasonably believes to be valid.”
This means that in order to sue a police officer for false arrest, a personal injury attorney would have to prove that the police officer knew or that a reasonable police officer would have known that the arrest was not in accordance with a valid statute.
Seek the help of a personal injury attorney
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced injury attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
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Top 5 WA State Bike Laws to Remember with More Bicyclists on the Road
Bike sales in Whatcom County have exploded over the last couple of months with families at home due to Coronavirus looking for things to do and keep fit in the beautiful spring weather. There are less bike commuters right now – just like there are less car commuters – so it is safe to say that much of the new bike traffic is coming from people out for a pleasure ride and that it will continue through early fall. Sales of entry level bikes seem to be the most popular, which indicates an explosion of new riders who may not be familiar with the rules and responsibilities of cycling. With more bikes on the roads and trails, this is a good time to remind and teach new cyclists about Washington State bike laws meant to keep everyone safe and accountable.
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How is COVID-19 Affecting Personal Injury Cases?
Coronavirus has directly impacted all Americans in one way or another. Some have become gravely ill; many have lost loved ones and others are simply missing social gatherings and the regular events they attend in the spring. People with an active personal injury claim may be wondering how COVID-19 is affecting personal injury cases? Those who have been recently injured or who are within the statute of limitations for their injury and would like to bring a personal injury claim may be wondering if they can bring a claim at this time.
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17 Bodies Found at New Jersey Nursing Home Hit by Coronavirus After Anonymous Tip
As reported by the Newyorktimes.com, there was a call requesting body bags on Saturday and an anonymous tip on Monday about a body in a back shed that led police to enter the New Jersey nursing home facility called Andover Subacute and Rehabilitation Center I and II. They discovered 17 bodies in the facility’s morgue only intended to hold four people (the body had been moved inside). There have been 68 recent deaths associated with the facility, including two nurses. Of these deaths, 26 people had tested positive for Coronavirus. Of the remaining patients, 76 people have tested positive for Coronavirus; more than half of these are staff members and an administrator.
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Why Is It Important to Choose an Experienced Personal Injury Attorney with Great Results?
All personal injury attorneys are NOT created equal. There is a whole range of attorneys out there from average to bad to great; a great attorney will have the results to prove it. In addition, experience varies widely between accident lawyers. There’s a big difference between an attorney right out of law school and one who’s been practicing for decades and has represented thousands of clients. If you’re looking for a personal injury attorney to handle your personal injury claim, there are many factors to consider but experience and proven results should be at the top of the list.
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Why Will Infectious Disease Expert Witnesses be Important for Coronavirus Lawsuits?
Coronavirus is an infectious disease; it is a highly contagious virus sweeping the globe. This means that anyone who is exposed to the virus is at risk of contracting it. For some, the symptoms are relatively minor presenting as a bad cold with tightness in the chest but others require hospitalization and the use of ventilators to breathe. The death rate is estimated at 3.6 percent, with those 80 years and older or with chronic health issues by far the most affected.
Read MoreCan I Sue for Contracting Coronavirus?
When a person is harmed because of the negligence of another, they may be able to sue for damages through a personal injury lawsuit. With the impending explosion of coronavirus cases, some may be wondering if they will be able to sue after contracting the coronavirus at a hospital, nursing home, or on a cruise ship.
If you or a loved one contracted the coronavirus and you believe it was because of the negligence of a business or organization, contact a personal injury lawyer to discuss your legal rights. The personal injury attorney will assess whether the organization took “all reasonable measures” to prevent exposure to the virus. If reasonable measures were not taken, the attorney may be able to help you recover damages.
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What Are the Four Elements of a Successful Personal Injury Claim?
A personal injury claim is a legal dispute that arises because a person has suffered harm from an accident or injury that another person or entity might be legally responsible for because of negligent or reckless behavior. Put another way, injuries caused by another person or organization’s reckless behavior may lead to a personal injury claim. Personal injury attorneys are familiar with the laws in the state they practice and can assess your situation to let you know whether you have a legitimate personal injury claim.
Understanding the elements of a personal injury claim is the first step to knowing whether you could have a successful claim.