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Proving Negligence: The Prima Facie Case In a personal injury case, the burden of proof is on you (the injury victim) to establish your claim. If you cannot prove your claim by a “preponderance of the evidence” (about a 51% likelihood), a court will dismiss your case, and the claim will go no further. On the other […]

Calculating How Much Your Pain and Suffering Damages Are Worth Calculating the value of pain and suffering damages can be complicated. No two cases are alike, and people do not suffer similarly. The same injury could cause one person significant pain and suffering while another person might experience less. For that reason, an online pain […]

Overview of the Cervical Spine Before we explore cervical fractures, it’s essential to understand the framework they shatter. The cervical spine is the delicate yet resilient scaffolding responsible for supporting the head and facilitating its movement. It’s part of the larger vertebral column or spine. The spine has 33 vertebrae or bones, which are divided […]

What Types of Leg Injuries Can a Person Sustain? The severity of your leg injury has a lot to do with where you are hurt. A hip injury, for example, is likely to have much more significant long-term consequences than a toe injury. However, that doesn’t mean you shouldn’t take any type of injury seriously. […]

Your Body Tissues Your skin, muscles, and bones form the layers that make up most of your body. The skin provides a water-tight layer to keep pathogens out and bodily fluids in. Below the skin sits a layer of fat and connective tissue. The fat insulates your body, while the connective tissues hold the skin […]

Example Suppose Anne was “tailgating” Bruce. When traffic became congested, Bruce slowed down. Anne’s car then hit Bruce’s car, causing a car wreck that injured Bruce. To win a personal injury claim against Ann, Bruce would need to prove: Anne owed Bruce a duty of care. This is easy because all drivers on public roads owe a duty […]

Liability and the Defendant’s Mental State Before delving into strict liability, it can be helpful to understand the other types of legal theories that attach to personal injury cases. These include: Negligence Negligence is carelessness. The defendant was negligent if: They owed you a duty of care; They breached that duty of care; They caused […]

Your Head and Neck Your head weighs about 11 pounds, or roughly the same as five quarts of milk. Your neck supports your head. The main source of structural support comes from your cervical spine. This section of the spine includes the top seven vertebrae below your skull. When the cervical vertebrae align, they form a […]

What You Have To Prove To Win a Legal Malpractice Claim Almost all legal malpractice claims are based on negligence. Below are the four elements you must prove to win almost any negligence claim, including a legal malpractice claim. Duty of Care To prove that your lawyer owed you a duty of care, you need […]

Legal Definition of Negligence The legal definition of negligence varies from jurisdiction to jurisdiction. Generally, negligence is defined as the failure to exercise reasonable care under the circumstances. In other words, negligence occurs when a person or entity fails to take the care that a reasonable person or entity would take in similar circumstances. This […]