What is Negligence?

Negligence is a legal term that refers to a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. It involves harm caused by carelessness, not intentional harm. For example, if a driver fails to stop at a red light and consequently hits another vehicle, that driver may be considered negligent.

The Four Elements of Negligence

To prove negligence in a court of law, the plaintiff must establish four critical elements:

1. Duty of Care

The first step is to show that the defendant owed the plaintiff a duty of care. This means that the defendant was obligated to act in a certain way toward the plaintiff. For example, all drivers have a duty to follow traffic laws and drive safely to avoid harming others on the road.

2. Breach of Duty

Once a duty of care is established, the plaintiff must demonstrate that the defendant breached that duty. A breach occurs when the defendant fails to meet the expected standard of care. Running a red light would be a clear breach of the duty to drive safely.

3. Causation

The third element is causation, which connects the breach of duty to the injuries sustained. The plaintiff must show that the defendant’s actions (or inaction) were the actual cause of the injury. This is often referred to as “but for” causation, meaning that for the defendant’s breach of duty, the plaintiff would not have been injured.

4. Damages

Finally, the plaintiff must have suffered actual damages as a result of the breach. This could be physical injury, property damage, emotional distress, and financial losses. Without damages, there is no basis for a claim, even if the defendant was negligent.

Proving Negligence

Proving negligence is not always straightforward. It requires evidence such as eyewitness testimony, expert opinions, and documentation of injuries and losses. Photographs from the scene, medical records, and accident reports can all be crucial in establishing the elements of negligence, especially in densely populated areas like near St. Petersburg.

Comparative and Contributory Negligence

Different jurisdictions handle negligence claims in various ways, particularly when the plaintiff may have been partly at fault for their own injuries. In some states, a system of comparative negligence is used, which reduces the damages a plaintiff can recover based on the percentage of their fault. In others, contributory negligence may apply, which can bar recovery altogether if the plaintiff is found to be even slightly at fault.

Negligence in Different Types of Personal Injury Cases

Negligence can apply to a wide range of personal injury cases, including:

– Car accidents: Drivers may be negligent if they violate traffic laws or fail to pay attention to the road.
– Medical malpractice: Healthcare providers may be negligent if they fail to provide the standard of care that a competent provider would have offered.
– Slip and fall accidents: Property owners may be negligent if they fail to keep their premises safe for visitors.
– Product liability: Manufacturers may be negligent if they produce and sell a product that is defective or unreasonably dangerous.

The Role of Personal Injury Lawyers

Personal injury lawyers specializing in negligence cases are adept at navigating the complexities of negligence law. They help injured parties understand their rights, gather evidence, and present their case effectively. Whether negotiating with insurance companies or representing clients in court, these attorneys are essential in pursuing fair compensation, particularly for those near St. Petersburg.

Conclusion

Negligence is the cornerstone of personal injury law, and understanding these principles is the first step toward seeking justice for those who have been injured due to someone else’s carelessness. If you’re near St. Petersburg and in need of expert legal guidance, Blenner Law Group is equipped with the knowledge and experience to help you navigate the complexities of your case. With their dedicated team, you can hold negligent parties accountable and secure the compensation you deserve for your losses. Contact Blenner Law Group to ensure your rights are protected, and your case is handled with the care it deserves.

Picture Credit: Depositphotos

The post Understanding Negligence In A Personal Injury Case appeared first on Blenner Law Group.

Never admit that you’re at fault for the auto collision.
The insurance adjuster is there to collect information regarding the accident and how it occurred. You need to be very careful about what you say to them. Even when you feel as though you may be the one that caused the car accident, you need to understand that there are multiple, complex factors at play that could relieve you of any fault. Admitting fault to an insurance adjuster may make it difficult, if not impossible, for an attorney to come alongside you and prove that the other party is really the one who’s at fault.

Never share your medical records with the insurance company.
An insurance adjuster can use the medical records (e.g., bills, information about injuries, treatment plans) from your car accident. These things can all be used to build a case against you if you go to court due to your auto collision.

Remember, while an insurance company may act like they’re your friend after you’ve been in a car accident, they’re rarely on your side. Typically, they want to pay out the least amount of money possible. Therefore, when they’re asking for your information, you should be skeptical regarding their intentions. Always talk to your attorney before proceeding. They’ll know how to act in your best interest.

Never share any unnecessary information.
Since you don’t know what information is necessary for your insurance company to have after you’ve been in an auto collision, you should always proceed as if the information could be used against you. Therefore, it’s best to avoid giving them anything other than what the law requires you to share with them. Besides not sharing medical records, you also never want to share things like who’s involved in the car accident and their contact information or what happened.

Never make any assumptions about the auto collision.
Although it’s normal to form opinions and ideas regarding what happened in a car accident, you never want to share this information with an insurance adjuster. Sure, they’ll ask you questions that encourage you to speculate about the accident and what happened, but it’s in your best interest to avoid doing so. Instead, let the official documents (e.g., police report, medical records) tell the story for you.

Never provide a recorded statement.
Quite likely, you’ll be asked by the insurance adjuster to allow them to record your conversation. It’s in your best interest to decline because it’s too easy to say something that’ll negatively impact your auto collision claim. Sometimes you may find yourself in a situation where you can’t decline. You can always hang up the phone, and in such situations, you should do so. This is important because insurance adjusters are experts at getting people to say things that’ll negatively impact their claims.

Never proceed without an attorney.
Sometimes an insurance adjuster will ask if you have an attorney. Never answer this question. Instead, make sure you have an attorney on your side. Here at the Blenner Law Group in Palm Harbor, FL, we’ve helped numerous clients win their auto collision claims. Our experienced attorneys offer free case reviews for those who aren’t certain whether they should even file a claim. Contact us today to schedule your initial consultation.

Picture Credit: iStock

The post What Not To Say To A Car Insurance Adjustor appeared first on Blenner Law Group.

How do accidents occur during the holiday season?
Throughout the holiday season, the activities you engage in will change. You’ll find yourself doing things that you wouldn’t do throughout other times of the year. Unfortunately, these changes in routine may lead to a personal injury or car accident.

• While it can be fun to decorate your home for the holiday season, climbing on ladders and chairs can lead to a personal injury. All it takes is an uneven surface, a defect in the ladder’s design, or simply reaching too far. Therefore, it should come as no surprise that falls surpass car accidents as the leading cause of injury during the holiday season.
• Many people enjoy engaging in winter sports (e.g., snowboarding, sledding, skiing) at this time of the year. Unfortunately, there’s an inherent risk factor involved with all sports. Whether your injuries are caused by crowded conditions or defective equipment, you’ll need time to heal, which means things like work and family plans will be disrupted.
• Throughout the holiday season, drunk drivers cause many car accidents. Since it’s illegal to drive while under the influence of drugs or alcohol, anyone caught doing so is held criminally and civilly liable. If you’re injured in such a car accident this holiday season, you may be able to receive money for your personal injury, emotional suffering, and any financial losses that resulted from the crash.
• Many people visit Florida throughout the year but especially during the holiday season, and you’ll find people vacationing in the sun. While these people are welcomed in our community, the unfortunate fact is that they may lead to an increase in accidents because they’re unfamiliar with the area or confused about our laws.

How can you avoid having an accident this holiday season?
While it’s best to take steps to avoid having an accident this holiday season, the best-laid plans of mice and men often fail. Since you can’t avoid every accident from ever happening, an ounce of prevention is important here. There are several things you can do that’ll minimize your chances of being involved in an accident throughout the holidays. These things include:

• Make sure that anything you use (e.g., sporting equipment, ladders, vehicles) is in good condition prior to using it. If something is broken, take the time to properly fix or replace it before using it.
• Be on the lookout for things like water and ice. Spilled water on a sidewalk can result in you falling. Therefore, it’s important to watch for water whether you’re out and about, hanging holiday decorations, or driving your vehicle.
• Another common reason that people get injured is due to poor lighting. It’s important to make sure that you use plenty of lighting whenever and wherever possible. When you find yourself in a poorly lit area where it is beyond your control how much lighting is there, make sure to use extra caution.

What should I do if I suffer a personal injury this holiday season?
If you’ve had a personal injury or been in a car accident this holiday season, make sure to reach out to us at the Blenner Law Group in Palm Harbor, FL. While you want to do everything to keep yourself safe, we understand that accidents still happen regardless of the time of year it is. Therefore, you should be prepared for them and keep our number close by for when you need us.

Picture Credit: Freepik

The post Tips To Help You Avoid Personal Injuries This Holiday Season appeared first on Blenner Law Group.

When you’re compensated for a physical injury, it isn’t taxable

Generally, this is true for both federal and state laws, regardless of whether you settled in or out of court. Federal tax law (the IRS) excludes any damages that you received due to personal physical injuries or physical sickness from your gross income. This is because the IRS sees that you’re being compensated for things like medical bills, pain, and suffering, lost wages, loss of consortium (business), emotional distress, and attorney fees.

There are some exceptions to this rule

Before you walk away thinking that you’ll never be taxed for any money that comes from these settlements, you should know that there are some times when the settlement money is taxable. It’s important to know what these are so that you aren’t surprised by them.

Settlements from a breach of contract are always taxable

Even when suffering from a personal injury or physical sickness, your damages will be taxed if they relate to a breach of contract. In other words, when a breach of contract results in your injuries and thus serves as the basis of your lawsuit, any settlement fees are taxable.

Punitive damages are always taxable

A court may include payment for punitive damages in your settlement. These are considered “punishment” for especially harmful behavior on the part of the defendant. Your lawyer should ask the judge to separate this verdict into punitive damages and compensatory damages to ensure that you’re able to prove to the IRS what part of the verdict was for compensatory damages since they aren’t taxable.

Interest in your judgment in a personal injury case is taxable

Another part of your personal injury verdict, which is taxable, is any interest in your judgment. In most states, there are court rules that add interest to your verdict based on the length of time your case was pending. For instance, if you were to file a lawsuit on January 1, 2019, you should receive interest starting on this date and running until you receive payment. This means that if you don’t win your trial until January 10, 2020, and then the defendant enters an appeal that drags the case out until March 31, 2021, you’ll receive two years and three months of interest payments on top of the amount you receive in the verdict. Unfortunately, you’ll be taxed for this part of your settlement.

Take some steps to ensure that as much money as possible isn’t taxable

If you have two claims against a defendant (one personal injury and one emotional injury), make sure that it’s explicitly stated in your settlement agreement how much money is for each type of injury. This is especially important when you’re being offered more money for your injuries than you are for your emotional injuries. Although this is something that the IRS can still challenge the non-taxability of your settlement, having this in writing will give you the best chance of success.

For more information on personal injury cases or help with settling yours contact the Blenner Law Group Palm Harbor in Palm Harbor, FL, today.

Picture Credit: Pexels

The post Your Personal Injury Settlement And Taxes appeared first on Blenner Law Group.

What is negligence?

As a driver, you’re responsible for using reasonable care to avoid injuring others. When you don’t, you’re liable for negligence. This is defined as any type of careless act that results in harm to another person. For instance, in a car accident, you’re negligent if you do something that you shouldn’t have done (e.g., speeding, running a red light) or fail to do something that you should have done (e.g., not turning on your headlights at night, failing to yield the right away, not stopping for a pedestrian).

What are your legal responsibilities as a driver?

According to the law, when you’re driving, you must use reasonable care so that you don’t harm anyone else who’s on the road with you. Here’s what this entails:

• Maintaining a reasonable speed while driving: This means taking into consideration everything going on around you (e.g., existing traffic, weather conditions, road conditions, visibility). Even when you’re driving at the speed limit, you can still be considered negligent if you don’t consider the surrounding conditions or if you’re driving while impaired.
• Be vigilant about watching what’s going on around you: You need to stay alert and monitor what’s on the road around you (e.g., vehicles, pedestrians, road hazards). Failure to see these things can constitute negligence.
• Maintaining control of your vehicle: When you lose control of your vehicle for any reason, you can be considered negligent, especially if you cause a car accident.
• Maintaining proper care of your vehicle: You must keep your vehicle in safe working order. Failure to do so can deem you negligent.

What happens if you’re harmed by someone’s negligence?

When there’s a car accident lawsuit that’s been brought about by another person’s negligence, you’ll need to establish all of the following:

• The other driver wasn’t careful – they “breached” (or violated) their duty of care: To determine this, the court will compare the driver’s conduct with the conduct they’d expect from a “reasonable person” in the same situation. If their behavior doesn’t match that of a “reasonable person,” they’re found to be in breach of the duty of reasonable care.
• You’ve been injured by the other driver’s conduct: This can be as simple as suffering from neck strain when another driver rear-ends your car or as severe as a traumatic brain injury from being thrown from your car when another driver T-boned you. In either case, you must provide evidence demonstrating that your injuries are a result of the motor vehicle accident. If the other driver can prove otherwise, you won’t be able to establish that their conduct resulted in your injuries.
• You’ve suffered losses at the hands of the other driver: When you prove that another driver’s negligence has caused you significant issues (e.g., injuries, pain, and suffering,
  lost wages, decreased earning capacity, vehicle damage), you’ll be able to recover money for these things. However, if you’re unable to prove these things, you won’t be able to recover anything.

How can you get help with a car accident case?

Does it make sense to handle a car accident claim on your own when another driver’s negligence harms you? Typically, you must have a lawyer on your side so that you get the best result. If you find yourself in this situation, contact us at the Blenner Law Group Palm Harbor in Palm Harbor, FL.

Picture Credit: Freepik

The post Negligent Driving In Car Accidents appeared first on Blenner Law Group.

Why Biking in Florida is So Dangerous

In 2019 a AAA survey discovered that the reason why so many bikers in Florida encounter a bike injury is that 56% ride with traffic, 36% don’t wear helmets, and another 21% ride against traffic. Unfortunately, bikers don’t need to encounter a personal injury if they’d simply follow the rules of the road. This means that bikers must understand that they have the same rights and responsibilities as motor vehicle drivers.

The National Highway Traffic Safety Administration (NHTSA) says that the two most common reasons for traffic accidents resulting in a bike injury are falls and collisions. Unfortunately, if you do get injured it isn’t as simple as turning the accident into your insurance because over 20% of drivers in Florida don’t have car insurance. Therefore if you’re hit by a driver you have a 1 in 5 chance of them covering your medical bills.

How to Avoid a Traffic Accident While Riding Your Bike

When you want to avoid getting into traffic accidents that result in a bike injury, it’s important to know what you’re doing before you even head out on your adventure. Here are a few tips that our personal injury lawyers think you should always remember.

Have the Right Bike

The first thing you want to do is make sure you have the right bike. Your bike needs to fit you properly so that it’s easier to control and you can avoid a personal injury. It’s also important to have a white light on the front of your bike and a red light on the back of it. You should also have reflectors on it.

Wear the Right Gear

Once you have the right bike, it’s time to get the right gear. Not only should you dress in bright clothes during the day, but you should wear reflective gear at night to avoid traffic accidents. Another important way of foregoing a bike injury is to wear a properly fitted helmet – one that fits snugly.

Be a Good Biker

Make sure you always follow the rules of the road. Remain alert as you ride with the flow of traffic. This may result in you encountering some road hazards (e.g., potholes, gravel, broken glass, puddles) so watch for them so you don’t develop a personal injury.

It’s also important for you to signal to other drivers where you’re going and make sure that they see you doing so. If you’re riding on a sidewalk, make sure you tell any pedestrians you encounter that you’re about to pass by them before doing so.

These things are easier when you take the time to plan your route before heading out onto the road because then you’ll know what to expect so you can avoid traffic accidents. This also allows you to choose roads that have less traffic, a slower speed limit, and sidewalks.

Filing a Personal Injury Case for Your Bike Injury

If you still encounter a bike injury, you’ll want to contact a personal injury lawyer right away. At the Blenner Law Group in St Petersburg & Palm Harbor, FL we’ll help you fully recover financially. You may be entitled to compensation for the expenses related to the accident, any lost wages, and for your pain and suffering. Make sure you talk to us as soon as possible after your accident.

Picture Credit: Depositphotos

The post Florida Bikers Are At The Most Danger In The U.S. appeared first on Blenner Law Group.