Insurance companies and defendants commonly use a defense against personal injury claims known as comparative negligence. The comparative negligence defense essentially tries to lay fault and blame for damages on the plaintiff. This absolves the defendant of liability for financial damages, or results in partial liability of the defendant.
The different types of comparative negligence defenses
Imagine you were riding your bicycle in the countryside near Honolulu. It was a beautiful day and you were enjoying the fresh air immensely, until a speeding automobile clipped your handlebars and caused you to crash. Miraculously, you survived with only a broken collarbone. Nevertheless, the injury is extremely painful and it's going to take time to heal.
Broken collarbones, i.e., broken clavicles, are common injuries among athletes and accident victims. The clavicle is one of two thin bones on your right or left side that connect your shoulder blades with your neck. Particularly in thin people, these relatively delicate bones are easy to see. The bone is prone to breaking when an accident victim falls on his or her shoulder, hand or arm or, when something strikes the shoulder or shoulder blade directly.
When people plan their Hawaiian vacations, they often try to include some form of adventure. Whether they want to take a helicopter ride over a volcano or try their hand at surfing, there are plenty of exhilarating options. However, any adventurous activity carries some risk of injury. It's important that tourists planning exciting activities educate themselves about basic risks and safety.
Hang gliding is a perfect example of an activity that is a lot of fun but also very risky. You can safely hang glide, but you should educate yourself about the potential risks and how to minimize them before you try your hand at flying. That way, you can enjoy your adventure without as much risk of serious injury.
You place a lot of trust in your doctor when your pregnant. After all, your physician isn't just providing you with care. They are helping ensure that your baby also has the best possible start to life. Most of the time, doctors who work with pregnant women and deliver babies do the right thing for their patients. The average birth is uneventful and results in a healthy mother and child.
However, some doctors can end up feeling burned out or overextended by their career path. The demands of constantly tending to women going through labor may lead doctors to cut corners or disconnect from the critical nature of their job. Doctor and their support staff can fail to adequately monitor both mother and child. The end result of this oversight may be a tragic and otherwise preventable birth injury.
Personal injury cases are often hard on the complainants. Not only do they have to work on trying to heal and adjust to their new life with the injuries, they must navigate through a complex legal process. All of this can take its toll on victims. Many people in this situation just want to have everything over with as quickly as possible.
One option is to work out a settlement. This might be done through mediation sessions. Mediation is usually a faster and less expensive option than having to go through trial. Here are some points to remember about mediation and settlements:
Epilepsy is a difficult condition to manage, so when doctors find a medication that works, they may encourage their patients to take it — even if it comes with possible health consequences. However, the health consequences associated with one common epilepsy medication are having devastating effects on babies.
According to medical researchers, taking the epilepsy drug topiramate may increase a pregnant woman's risks of giving birth to a baby with birth injuries.
For many people, a trip to Hawaii is a major life goal. It's that one perfect vacation on their list that they desperately want to cross off. There's a great reason that so many people visit the islands of Hawaii. It's a beautiful place, with all kinds of adventures to be had. People often come in hopes of having a new, exciting experience in a beautiful setting.
Unfortunately, every year tourists to Hawaii end up severely hurt as a result of their vacation. That can cause all kinds of financial and professional issues for the people who suffer injuries. Many times, the medical care they receive in Hawaii is out-of-network for their medical insurance policy. That can mean a massive out-of-pocket cost or very little coverage.
You place a lot of trust in your doctor. After all, he or she went to medical school and has the experience and education to guide in making the best possible medical decisions. For most people, the faith they place in a doctor is reasonable, and the doctor upholds that trust through years of providing care. In some cases, however, the decisions, actions or inaction of a doctor could have a profoundly negative impact.
It only takes a few seconds for a mistake on the operating table to result in permanent consequences. Mistakes with the administration of medicine could also be dangerous, while failing to diagnose a condition could increase a patient's chance of dying due to the illness. Educating yourself about the dangers of medical mistakes can help you advocate for yourself in a medical setting.
Going to trial is always a lengthy and expensive process, no matter what the case at hand is. With bigger cases, especially in the areas of medical malpractice or personal injury, many people believe that taking their case to trial and fighting the hard fight will help them get the best possible result.
However, taking a case to trial is often an unnecessary expense. It is likely that engaging in an alternative dispute resolution such as mediation will achieve a more successful result that is less expensive for both sides. There are several types of alternative dispute resolutions. The most common are the processes of arbitration, mediation and early neutral evaluation.
Most people who get trapped in a rip current have something going for them: They probably already know how to swim. To get far enough out into the ocean to have a rip current overtake you, it's usually necessary to be a swimmer -- otherwise, you never should have gotten into the ocean in the first place.
When it comes to surviving a rip current, though, patience is just as important as good swimming skills.
