Personal Injury Overview and Negligence
With regard to aircraft accidents, it is necessary to legally prove who was at fault for the accident. It is also likely that a person will need to provide proof to the insurance companies that the injuries sustained resulted from the aircraft accident. When proving that someone else was at fault for an accident, one must make a reasonable argument that another person or company was careless or negligent, despite that person’s or company’s arguments to the contrary. Most insurance companies usually prefer to pay a claim settlement sooner, rather than to risk having to pay for injuries, court costs and lawyer fees.
A common question that comes up is, can I get compensation for my injuries if my physical limitations made my injuries worse? To bring the question to life, take note of the following example: Susan had a bad knee and was generally unsteady. As a result of one of the Alaska aircraft accidents, Susan was injured and her knee is now more unsteady than it used to be. Hence the question: is Susan entitled to compensation since she already had a problem before the accident? Well, the answer is yes. All people, whether with or without some physical problem or condition, have the legal right to claim for the worsening of his or her already existing health issue. A similar question was addressed when a pedestrian was hit by a car and he suffered a heart attack. The pedestrian already had a weak heart, and thus it was decided that the defendant pay the medical bills relating to the pedestrian’s heart attack as a part of the damages for the pedestrian’s personal injury case. The reasoning is that each person has a legal right to make their way in the world without unnecessary damages regardless of their current health conditions.
Many personal injury cases are the result of negligence, and, the general rule is that the negligence be proven by the plaintiff. The term negligence is defined as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act.” Therefore, a person can be considered negligent when he or she had a duty to act carefully and failed to do so. Generally, all persons have an obligation to act with ordinary and reasonable care in any given situation, such that their actions do not result in the injury of others. For most types of accidents, a person needs to be found negligent in order to be held legally responsible for another person’s injuries. For example, in medical malpractice matters the doctor must have been found to have been negligent, and the patient’s injuries a result of the doctor’s negligence. If the doctor is not found to be negligent, it is not considered medical malpractice, even if there are injuries.
If you or a loved one was involved in an aircraft accident, find a law firm of renowned professionals in Alaska to handle your claim.
