What Duty of Care do Business Owners Owe Their Customers During a Pandemic?
Under premises liability law, businesses owe their customers a duty of care. This was always true, but there are added duties during COVID-19. On a practical level, a business owes their customers a duty to keep them safe on the business premises. If a customer is injured or becomes seriously ill because the business owner failed to meet their duty of care by acting negligently, the injured party may be able to sue to recover damages. For example, if a customer contracts Coronavirus after visiting a business that was not following safety guidelines, they may be able to file a personal injury claim.
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What are Independent Medical Examinations in Personal Injury Cases?
In personal injury cases, medical exams provide critical information about the specific injuries endured by the plaintiff and how bad they are. The insurance agency that is responsible for paying for these injuries will always try to deny responsibility and/or downplay the severity of the injuries in order to get out of paying a fair settlement. This is why they often request that plaintiffs undergo an independent medical examination (IME). These requests are commonly made in personal injury lawsuits for car accidents because they want to bring in an expert witness who can use the results as part of their testimony.
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The Importance of Witnesses in Personal Injury Cases
If you were injured in a car accident or other personal injury scenario like slip and fall because of the negligence of another, you may be wondering how you are going to pay for your medical bills and make up lost wages while you recover. You may even be facing permanent disability and the prospect that you may never be able to work again. The best thing to do is speak with an experienced personal injury lawyer who can explain your legal rights: you may be able to recover damages through a personal injury settlement or jury award.
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When to Sue for A Traumatic Brain Injury
Traumatic brain injuries (TBI) are responsible for many deaths and permanent disabilities every year. TBIs are typically caused by a violent bump, blow, or jolt to the head. In some cases, an object penetrates the brain such as a shard of glass from a windshield and causes a penetrating head injury that disrupts normal brain function. Symptoms of traumatic brain injuries include physical paralysis, chronic pain, sleep issues, loss of hearing, loss of control of bowels or bladder, headaches, lost sense of taste, and seizures. The list of potential health issues goes on from there.
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Top Types of Personal Injury Claims
There are many different types of personal injury claims, though some are more common than others. One thing to keep in mind is that they have one thing in common: the claimant was injured because of the negligence or willful act of another. There are also a set of elements that must be proved for any successful personal injury claim.
If you were injured because of the negligence or willful act of another, contact a personal injury attorney for legal help. The injury lawyer will assess your accident and injuries and can discuss your legal rights.
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Bellingham City Council Votes to Settle Federal Lawsuit Filed by Wife of Dead Man Who Was Intubated
As reported by the Bellinghamherald.com, on Monday, August 24, 2020, the Bellingham City Council voted unanimously to authorize the mayor to settle a federal lawsuit filed by Jai Ginn, the wife of Bradley Ginn Sr. who died on the way to the hospital on July 31, 2018. The man’s body was used to practice endotracheal intubations for training purposes by 11 Bellingham firefighters without authorization from the family. In addition to the lack of consent, Ginn Sr. had a valid do not resuscitate order, which made it clear that he did not want life-saving measures such as intubation to be performed.
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Is It Possible to Bring a Civil Suit for Vandalism?
Vandalism is an intentional property crime that involves damaging or destroying another person’s property; usually a car, house or building. People often describe being vandalized like a personal assault. When someone breaks into our property and vandalizes it with graffiti, by breaking windows, slashing tires or gluing locks, it can leave us feeling shaken and violated. On top of this, it costs money to fix the damage and restore the property to the way it was. Even when a property is insured, victims are usually left with a deductible to pay before the insurance will cover remaining damages. (more…)
Read MoreWhat is Personal Injury Law?
Personal injury is a legal term that describes a mental, emotional or physical injury to the body, as opposed to an injury to property. A personal injury lawsuit is a type of tort lawsuit under civil law where the person bringing the suit (the plaintiff) has suffered a personal injury and is suing the person(s) who injured them (the defendant(s)) to recover damages for their injuries. In most cases, a personal injury attorney is retained by the plaintiff to handle the action.
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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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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.