What types of things are important when you go to consult a lawyer about a personal injury? Read on to discover a few of the fundamental ideas that drive the viability of these types of cases, including workers compensation and premises liability cases.
Was the Accident on Premises?
One thing that lawyers will look at when listening to a client's stories is whether the injury happened on a space that is technically the territory or jurisdiction of businesses or other responsible parties.
For example, when an accident happens inside of a grocery store, it's clearly inside that business's jurisdiction. Things get less clear if the accident happened at the edge of a parking lot near public infrastructure such as sidewalks. Personal injury attorneys have to assess these elements of the case to figure out what parties might be responsible to compensate the injury victim.
Many states and localities also have their own statutes and ordinances about third-party responsibility. Courts may hold businesses and other parties accountable only if there's reasonably obvious danger attached to the conditions that caused the accident. For example, in ice slip and fall cases, the case may be on firmer ground if there was a visible sheet of ice, and not a sudden freezing of a hard surface.
A Pattern of Negligence
Another enormously important factor in a personal injury case is whether there was a pattern of behavior that showed negligence on the part of the defendant.
For example, if a slip and fall case happens unexpectedly, due to a sudden leak in a tank or other piece of equipment, the court may rule that the defendant had no way to know about the danger on the premises. But if the lawyers can find other parties who were previously injured, or who complained about water all over the floor or some other kind of dangerous conditions, that begins to show a pattern of carelessness that will support a personal injury award for the victim.
It's also important to look at visitor status in a personal injury case. While insurance policies may cover accidents that happen on policyholder's property regardless of the scenario, results in a personal injury case may vary. It's one thing if a person hurt themselves in a store as a customer, during business hours. But when someone is found to have been trespassing on property, the case can be a lot harder to pursue, especially if there is any evidence of breaking and entering the premises.
These are just some of the basic ideas that lawyers may think about when hearing testimonies of clients for a personal injury case. To learn more, speak with a legal office such as the Law Office Of Daniel E Goodman.