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Tag: injury

Legal Question: What is Negligence?

Written by kwmlaw on . Posted in Kelly & West News.

 

When faced with a situation where you believe that you or a loved one has been a victim of negligence, you might be left with a lot of questions. Maybe it’s unclear if your outcome was caused by chance or negligence. You might wonder what exactly the term “negligence” means and what specific behaviors might constitute grounds for a lawsuit. If you feel that negligence could have resulted in a negative, life-altering result for you or a loved one, we have answers to some of the questions you might have about filing a lawsuit.

What is Negligence?

Negligence refers to a person’s failure to follow a duty of conduct imposed by law. Every person is under an obligation to use ordinary care to protect himself and others from injury. “Ordinary care” means a degree of care which a reasonable and prudent person would use under the same or similar circumstances to protect himself and others from injury. A person’s failure to use ordinary care is considered negligence. For more on

What Constitutes Negligence?

Four elements must be present in a negligence case. First, the defendant must have owed a legal duty to the plaintiff. For example, an operator of a motor vehicle has the duty to use reasonable care in the operation of the motor vehicle and to obey all laws dealing with the operation of a motor vehicle. Secondly, there must be a breach of this legal duty.  Thirdly, this breach of legal duty must cause the plaintiff to suffer an injury or suffer damage. Finally, there must be proof that the defendant’s breach of legal duty was a direct cause of the plaintiff’s injury or damage.

What is Considered an Injury?

The injury component is a major part of proving negligence, so what exactly is considered an injury or damage? Bodily harm is a common outcome of negligence, but it is not the only thing that may be considered in a case. Even if you are not physically harmed, emotional harm might be taken into consideration if it was intentionally caused. In addition to bodily harm, property damage and economic damages such as loss of income will also constitute damages compensable by law.

If you believe that you or a loved one have been a victim of negligence, contact the law offices of Kelly & West to find out more.

Victim of a Hit and Run? Here’s What To Do.

Written by kwmlaw on . Posted in DWI & Traffic Lawyer and Legal Services, Kelly & West News.

In the state of North Carolina, drivers have a duty to stop and exchange information in the event of a crash. A hit and run is when another person causes damage to your vehicle and then immediately flees the scene, leaving you to care for any damage on your own. Being a victim of a hit and run can be a very costly and stressful situation. If it happens to you, follow these steps to handle the situation the best way possible.

 

Call for Help

The first thing you should do after getting into a collision is to call 911 if you are injured or call the police to the scene to investigate if you are not injured.  Even if the damage isn’t severe, you’ll want to file a police report. It is possible that they might be able to catch the person that hit you if you give them enough information, and the quicker you report the accident the more likely it is that the authorities can track down the other party.

 

Collect as Much Information as Possible

Being involved in a collision is stressful, and can be disorienting. So, be alert as possible to your surroundings after you have been hit. The more information you can gather, the more the authorities can help you and potentially find the person that hit you.

Information to Collect

  • License plate number
  • Make, model, color, and approximate year of the car
  • Description of the driver
  • Time and location of the collision

You’ll want to note the context in which the accident took place and take pictures of any injuries or damage to your car for reference. Witnesses are a great resource, so if you see anyone near you, get their contact information.

 

Stay at the Location

Remaining at the scene gives first responders and emergency vehicles the best context for what happened. Only move your car if it is causing danger to you or others or if it is blocking an intersection or road. The damage caused by a collision might be more severe than it looks, so moving your car might damage your car more or even harm you. If you decide that it is best to move your car, move it to the side of the road as close to the scene of the collision as possible.

 

Contact Your Insurance Company

It is important to contact your insurance company as soon as possible to report the claim. Insurance claims can take a long time to process so you want to get the process started. Insurance companies also want the most accurate information, so updating them quickly after is best. Your insurance company will want just as much information, if not more, than the emergency services. Be prepared to send pictures of the damage to make sure your needs are cared for completely.

Be prepared for a car accident by downloading our free car accident response guide (pdf).