Blog | Page 3 of 19 | Ahlander Injury Law

The Role of Comparative Negligence In Personal Injury Cases

March 6, 2023 by Big Leap

The complexities of personal injury cases can have a profound influence on their outcomes, one such factor being comparative negligence. Comparative negligence is an established legal standard used to determine each participant’s level of fault in an accident, as well as the ensuing damages and injuries that result from it. In this article, we will delve deeper into how your own actions may impact any case where comparative negligence becomes relevant.

What is comparative negligence?

Comparative negligence is an important legal concept employed in personal injury cases to apportion blame. It allows the court to allocate fault between a plaintiff who has suffered harm and a defendant being sued for damages, with some states using it as a defense argument that the injured party’s actions contributed to their own injuries.

How does comparative negligence work?

Comparative negligence can be applied in one of two ways: pure comparative negligence or modified comparative negligence. In a pure comparative negligence state, the plaintiff can recover damages even if they are 99% at fault for their own injuries, but their award will be reduced by their percentage of fault. For example, if a plaintiff is found to be 50% at fault for their own injuries, they will only be able to recover 50% of their total damages.

In a modified comparative negligence state, the plaintiff can only recover damages if they are found to be less than a certain percentage at fault (usually 50%). If they are found to be more than that percentage at fault, they cannot recover damages at all.

How can your own actions impact your case?

If you’re engaged in a personal injury case, your actions before the accident could have an impact on the result. For example, if you get into a car crash and it’s determined that you were texting while driving, partial liability for your injuries can be assigned to you–which will likely decrease whatever compensation is given to you.

If you have been hurt on someone else’s property, it is possible to reduce your damages if liability can be established. However, if evidence shows that you were trespassing or being careless when the injury occurred, a court may decide that you are partially liable for your own injuries and adjust how much they will provide in compensation accordingly.

It’s important to note that even if you are found to be partially at fault for your injuries, you may still be able to recover damages. However, the amount you are able to recover will be reduced by your percentage of fault.

Comparative negligence is a legal concept that can drastically sway the outcome of any personal injury lawsuit. Therefore, if you are considering filing for a claim after an accident, it’s paramount to comprehend how your own behavior could determine the results of your case. To ensure that all rights and entitled compensation be safeguarded in this process, enlisting assistance from an adept personal injury lawyer would prove beneficial.

Types of Product Defects

January 20, 2023 by Big Leap

Unfortunately, products don’t always work as they are intended and this can lead to injuries. If you’ve been injured by a defective product, you need to know exactly what went wrong so you can build your case when filing an insurance claim. There are several types of defects you might encounter.

Design

Sometimes the problem is simply that the product was not designed well. There is an inherent problem with the concept behind the product and it does not work properly and this can lead to injury. With these kinds of defects, every product made from that design will be defective and have the potential to injure anyone who uses it. In many cases, a design flaw can lead to a product being recalled especially after numerous reports of injuries and issues. If you believe you were injured because the design was faulty, you need to prove that every product made from the same design has the potential to cause injury rather than just the one unit you used.

Manufacturing

Manufacturing flaws occur not because the design is poor but because something went wrong while the product was being made. A manufacturing defect will affect a much smaller number of products and won’t require every unit of the product to be recalled. It will usually just impact a few batches. If you are injured by a product due to a manufacturing flaw, you will need to establish how the product was initially supposed to work and what went wrong in the manufacturing process to prevent it from functioning properly.

Labeling

Lastly, you have labeling defects. In this case, the product was designed and manufactured properly. However, there are issues with the labeling. For example, there may be improper or missing warning labels. The instructions for using the product may be incorrect. In these cases, the company that made the product may attempt to put you at fault for using the product improperly. However, if they did not provide you with the right instructions or warnings, then they are responsible for any injuries you sustain.

If you’ve been injured by a defective product, you need a strong team behind you to help you get the compensation you deserve. Hiring an attorney can help you solidify your case and know which paths to follow. Start by finding an attorney experienced in injury law.

Do you need an attorney to represent you in your case against a defective product? Click here to find an attorney at Ahlander Injury Law.

What Should I Do After Being Injured By a Defective Product?

January 6, 2023 by Big Leap

Whenever you purchase something, you expect it to be safe for you to use. Unfortunately, there are times when products are defective and it can cause injuries. If this happens to you, you may be left wondering what your next steps should be.

Seek Medical Attention

First and foremost, you should seek medical attention for any injuries you receive. Doing so is beneficial for several reasons. First, it provides you with proof that you were injured and your doctor can provide information about the extent of your injuries. This proof and information can be used when filing a claim with your insurance company. Additionally, seeking medical attention can help you care for injuries you might not have initially noticed. In some cases, people think they’re fine after an injury and they don’t realize how bad it is until a few days later. Seeking medical attention can help you know just how much you were injured and you can have accurate information when you go to the insurance companies.

Document Everything

After you’ve been injured, you need to begin solidifying your case for when you file your claim. The best way to do this is by documenting everything that you can. You need to prove that you purchased the item, bought from a legitimate retailer, etc. You also need to thoroughly document your injuries. Take pictures and videos of your injuries, the defective product, and even how the product caused the injury. If you have adequate evidence of what happened, you will have a stronger case when seeking compensation.

Hire an Attorney

At times, it can be difficult to manage everything on your own. The law is very complex and it can be difficult to negotiate with the other parties involved in your case. Hiring an attorney will improve your odds greatly. Attorneys are experienced in their field and know exactly what moves to make and how to best help you. They will build your case and guide you through the process.

After being injured by a defective product, it’s easy to feel discouraged. However, you need to make sure you follow the right steps so all goes well for you in the end. Having the right team behind you can make things even better.

Were you recently injured by a defective product? Click here to get in contact with Ahlander Injury Law and find an attorney.

Caring for Injuries From a Car Accident

December 20, 2022 by Big Leap

Being in a car accident can be a harrowing experience, but it also leaves a physical impact on you. Injuries sustained in a car accident can keep you from your daily life and affect you in ways you might not expect. You need to know how to properly care for yourself after an accident.

Evaluate Obvious Injuries

Immediately after the accident, you should assess all parties involved for injuries. Some injuries will be more obvious such as cuts or scrapes. Determine if you’re injured, where you’re injured, and how serious the injury is. If you or anyone else is injured, you should call emergency services to make sure they get the medical care they need. Even if there are no obvious injuries, you should call the police who can help with traffic control. There’s a lot to take care of after an accident, but you should make your health and safety a priority.

See Your Doctor

Not all injuries from an accident are immediately obvious. For example, if you hit your head and receive a concussion, it might not be clear right away. Some people may also experience neck pain from whiplash. Injuries such as these can become more obvious a few days after. Because of this, it’s a good idea to see your doctor to get checked out. Your doctor can help you identify any injuries you weren’t aware of and they can get you treatment. Additionally, your doctor can be an official witness of your injuries when you are trying to get compensation from the insurance companies.

Take Time to Recover

Life gets pretty busy and you may feel like you can’t take a break from it. However, it’s better for your health if you take the time to recover. Work, school, and other obligations can wait. After all, you won’t be able to function or accomplish your duties well if you are injured or unwell. Take time to rest and heal from your accident. If you’re concerned, you can explore the coverage your insurance offers. You can receive coverage for lost wages due to injuries you’ve sustained in a car accident.

Injuries from car accidents are very serious. It’s important for you to get proper medical attention and to take care of yourself following the accident. Your insurance company should provide you with compensation for the accident, injuries, and more.

Struggling to get the compensation you deserve? An accident injury lawyer can assist you. Click here to learn how Ahlander Injury Law can help with your car accident case.

Who Should You Call After a Car Accident?

December 6, 2022 by Big Leap

Immediately after a car accident, it’s difficult to know what your first steps should be. It’s a frightening experience that can leave you shocked. However, it’s important that you make a few calls immediately following or within a few days of the accident.

Emergency Responders

No matter what, your first call should be to any emergency responders. If there are any injuries, you need emergency responders on the scene to address all medical needs. Getting these responders to the accident quickly can save lives and improve the outcomes for anyone who is injured.

Additionally, you need to make sure you call the police to report the accident. The police are responsible for establishing who is at fault for the accident. This will be used when you make calls to insurance companies in order to get compensation. Emergency responders also assist with clearing the scene of the accident and making the road safe for other drivers.

Insurance Companies

Being insured entitles you to several types of compensation depending on your coverage. You can receive compensation for injuries you’ve received and damage to your vehicle, and you can even get compensation for mental and emotional trauma. In order to get this coverage, you need to contact your insurance company and the insurance companies of anyone else involved in the accident. The police report will determine who is at fault. Insurance companies use this information to determine who gets compensation and how much. For example, if another driver is at-fault, their insurance company can pay to repair any damage done to your car.

Tow Truck

Not all accidents are the same, but some can leave your vehicle pretty damaged. It may be impossible for you to drive it home or to drive it to the mechanic yourself. In these cases, you will need to call a tow truck for assistance. They can take your car to a mechanic to be fixed. If you are able to drive your car yourself, you should schedule an appointment with a mechanic to determine what damage has been done to your car. Keep in mind, not all damage will be immediately obvious to you.

It’s hard to know what you need to do in an accident of any kind. Having help can make it easier for you and it can lead you toward the best possible outcome. Hiring an accident injury lawyer can make sure you are fairly compensated.

Ahlander Injury Law will fight to get you all the compensation you deserve. Click here to learn more and get in contact with an accident injury attorney.