Legallbug's Blog


What is Negligence?
September 20, 2010, 12:00 pm
Filed under: AOP, Negligence | Tags: , , , , , , ,

Personal injury law suits, by their very definition, revolve around the proof of negligence.  If you are injured due to the actions of another individual or a company, then the legal definition of negligence becomes very important to you.  If you cannot prove that the other party acted negligently when causing your injury, you are not entitled to compensation or damages under personal injury law.

This page provides a general legal description of negligence.  It is not meant to replace consultation with an personal injury attorney.

Legal definition of negligence

The simplest legal definition of negligence is an individual or company acting carelessly in a way that leads to an accident.  By carelessness, the law generally means any conduct that falls below recognized standards of protection for other people against unreasonable risks.

To elaborate on this important point, an individual has acted carelessly, and would be considered legally negligent, if he or she does not act as one would expect a reasonably prudent person to act in the same circumstances.  However, in order to win damages or compensation in a court of law, the plaintiff must be able to prove that actions on the part of the defendant caused injury and that such actions fall below the reasonable social standard of responsibility.

For example, consider a trucker hauling large machinery along a major highway.  Other drivers can reasonably expect those pieces of machinery to be sufficiently secured to that truck so that they do not fall and cause an accident.  If the trucker has not secured those pieces of machinery, than he has engaged in a negligent act, and would be liable for any injuries caused to other drivers should his cargo fall from the tractor trailer.



Photos and Disabled Placards – Handicap Parking
September 13, 2010, 12:15 pm
Filed under: AOP, General Law | Tags: , , ,

In order to fight the abuse of disabled placards and tags—the signs that disabled individuals display in their vehicles to take proper advantage of handicapped parking spaces—the State of South Carolina announced a new law at the end of 2009.

In December of last year, the South Carolina Department of Motor Vehicles announced that disabled placards will now feature a photograph of the individual to whom it was issued.

Disabled tags themselves will also be redesigned in order to look more like regular, state-issued plates, and both placards and tags will now include certificates that verify their eligibility and authenticity.

Why the change?

Sadly, because it is necessary.  Illegal handicapped parking is a major problem in the state of South Carolina.  Some perfectly able-bodied individuals illegally use handicapped parking placards and tags issued to disabled friends or relatives, and some people who are no longer considered disabled keep their placards and tags long after they are no longer medically eligible to use them.

Drivers who currently own valid disabled placards can keep them until they expire or until the end of 2012, whichever comes first.  At that point, those placards and tags must be recertified with a physician before a photo placard may be issued to them at a cost of one dollar.

Penalties

The state imposes a $500 fine for violating this law.  Some people do not think this fine is enough to sufficiently deter the abuse of handicapped placards and tags, so do not be surprised if this issue is debated further in the state legislature.

Many lawmakers may also argue that the real issue is the lack of enforcement surrounding those who abuse state-issued handicapped placards, so also look for more patrol cars policing handicapped parking spaces and the eligibility of those using them.

Lastly, look for increased scrutiny of doctors who validate handicapped placard eligibility.  Most doctors are ethical in this regard, but some hand out such documentation freely and without regard for state rules.



Finding the Right Injury Attorney
September 8, 2010, 3:31 pm
Filed under: AOP, Personal Injury | Tags: , , , , , ,

Finding the Right Attorney

Finding the right injury attorney can be difficult.  Where do you start?  What qualities should you be looking for? Here are a few questions to ask yourself when seeking a personal injury attorney:

  • How much experience does my attorney have?  In what area or type of injury?

  • Has he or she handled cases like mine before?  What was the outcome?

  • Does this personal injury lawyer offer free initial consultations?

  • How much do they charge?  Is their fee dependant upon winning your case?
  • Can I communicate with the attorney easily, in person or by other means?  Can he or she clearly explain the issues?

  • Do these personal injury attorneys usually settle cases in or out of court?

  • Are they willing to go to trial to seek a fair personal injury settlement?

  • How long, from beginning to end, is the typical litigation process they handle?

  • How can I be sure the settlement I receive is fair and just?  What can I do if I disagree?