While millions of children and adults engage in sporting activities and suffer few injuries, there are times when a sports injury can be life-changing or even life-threatening. While injuries are a natural part of playing sports, and those who participate assume an inherent risk of getting injured, that does not mean, you cannot file a personal injury claim if an injury occurs. In most cases, if the injury was caused by another person’s negligence, recklessness, or direct intent to inflict harm on you, speaking with a personal injury attorney is highly recommended.

Assumption of Risk Doctrine

In the United States, there is a legal clause known as the “assumption of risk doctrine.” Generally, this means those willingly participating in sports cannot hold other participants liable for injuries sustained during the course of the activity. While this sounds as if no injury claims can be filed, that is not the case. When participating in a sport, a participant is only assuming risks of injuries that would occur under normal and reasonable circumstances. For example, if a tennis player is hit in the face by the ball during a standard exchange and suffers a broken nose, an injury claim likely would not be successful. However, if that same player suffered a broken nose due to their opponent intentionally throwing a racket at them, a personal injury lawsuit would likely be upheld in court.

How to Prove Negligence

When filing a personal injury claim for a sports injury, the plaintiff must prove negligence on the part of the defendant. To do so, it must be shown the defendant’s negligence caused the injury, or the defendant intentionally caused the injury. As with most personal injury cases, it must be proven the standard of care a reasonable person would expect was breached. This can be done in several ways, including:

–Defendant owed duty of care to plaintiff

–Defendant breached that duty

–Causal connection exists between breach of duty and the injury

–Injury was foreseeable based on defendant’s actions

–Plaintiff suffered damages as a result of defendant’s actions

Sports Injury Claims

Just as there are many types of sports in which one can participate, there are also various types of sports injury claims that can be filed, such as:

–Inadequate Supervision

–Reckless Conduct

–Unsafe Facilities

–Defective Equipment

Examples of these claims can vary. For example, if a swimmer was injured and the lifeguard on duty failed to act in a reasonable manner, a lawsuit could be filed. Other examples include a basketball player who slips and falls on the court due to a puddle that was not wiped up, a weightlifter who is injured due to a weight bench that was not properly assembled, or a cyclist sustaining a head injury due to a helmet that did not meet the required safety guidelines.

If you or a loved one have sustained a sports injury due to the negligence, carelessness, or deliberate acts of others, contact a personal injury attorney at once to discuss your legal options.

While accidents happen every day, many are the result of negligence on the part of others. This is especially true in numerous slip and fall accidents, which often produce broken bones, head injuries, and other serious injuries. However, while many victims in these cases believe they can easily win a lawsuit, the reality is these cases can be very complex. To determine liability in a slip and fall case, it is vital to prove the accident was caused by the property owner’s negligence, while also being able to defend against claims by the defendant’s attorney or insurance company that the victim’s carelessness led to the accident.

Elimination of Hazard

When a slip and fall injury occurs, it is very important for the plaintiff and their slip and fall attorney to prove the hazardous conditions that led to the accident, such as snow, ice, or puddles on a floor, were in place long enough for the property owner to know about them and take appropriate action to eliminate the hazards. In addition, certain acts that would have been done by a reasonable person under similar circumstances should also be proven, such as:

–Placing warning signs in the area

–Restricting access to the area

–Having adequate lighting to allow for clear visibility of the hazard

If you and your attorney can show the defendant failed to act in a reasonable manner, you will have a much greater chance of winning your slip and fall injury claim.

Defendant Creating the Hazard

Many times when a slip and fall injury occurs, it is discovered the defendant created the dangerous conditions that led to the accident. This can take many forms, such as spilling liquids in a store aisle and failing to clean the area or place warning signs nearby, leaving obstacles on steps where they know people will be walking, or perhaps knowing a parking lot is icy but failing to spread de-icing chemicals. Whatever the case may be, being able to have evidence such as photos or videos of the scene can be crucial in winning these cases.

No Contributory Negligence

If you are involved in these accidents, the defendant’s attorney or insurance company will be relentless in trying to prove you contributed to the accident or were completely responsible for the accident. Because of this, your slip and fall attorney must show your actions did not lead to the accident. For example, it’s important to show you were not talking on your cell phone at the time of the accident, which could have resulted in your failure to notice the hazard or nearby warning signs, or that you deliberately entered an area while ignoring posted warnings. If it is shown you did commit any of these acts, your chances of winning a slip and fall injury claim greatly diminish.

To gain a greater understanding of how these cases work and if you stand a reasonable chance of winning your slip and fall injury claim, speak with an experienced slip and fall attorney.

Doctors choose their profession to help people. When a patient makes a complaint against you, it can feel like you have failed utterly in your job. Getting a letter from the General Medical Council is not something that any doctor ever wants to have happen, but if it happens to you then it is important that you act decisively and professionally to reduce the chances of such a complaint impacting your career.

Patients make complaints for many reasons. Sometimes a doctor has been truly unprofessional or acted negligently. Sometimes the doctor has done the right thing but the patient is upset, frustrated, or just feels like they were not heard or treated as well as they could have been. Some complaints are malicious and completely unfounded. The GMC’s job is to determine which of those cases is valid here, and ensure that the doctor gets treated fairly – as well as the patient.

If you are faced with a complaint, then the first thing you should do is discuss the case with a fitness to practise solicitor. Do not discuss the case with the GMC until you have had advice. If the patient is still on your books and wishes to be seen by you, then continue to treat them in a professional manner. If the relationship between you and your patient has broken down to the point that you feel the patient’s treatment would be impaired, then you can refer them to a colleague instead. However, the GMC recommends that doctors try their best to work with patients even following a complaint.

Write down as much as you can about the complaints so that you have clear records of everything, while it is still fresh in your mind. Discuss the complaint with a senior colleague as well to get some fresh perspective. Whether the complaint was serious enough to involve the GMC or not, the fact is that a patient felt the need to call in a ‘higher power’, and this means that there was a breakdown of communication. You should use that as a chance to learn and improve your practice. Find training opportunities and CPD courses, and put together an action plan to ensure that you get everything that you can in place to improve. This will help the GMC to see that you care about your patients, and go some way towards helping you with your defence.

Often, there’s no telling just how large the impact of a brain injury will be on your life. The most obvious impact is financial. Medical therapy costs as well as expenses for medication can definitely add up, especially if you sustained a significant amount of brain damage. There are other areas in your life that can be affected as well: time off from work for recovery can result in loss of income and permanent disability could mean financial instability for you and your family.

Perhaps the most effective way for you to get the proper amount of financial compensation to pay for the necessary treatment (and to help you readjust to life) is to file a lawsuit. To do that successfully, it is usually advised that you hire the qualified brain injury compensation lawyers.

There are plenty of benefits that come with this option. They are as follows:

1.) Specialist brain injury compensation lawyers can brief you on your rights as the aggrieved party under the law. They can even meet with you in your hospital room so they can discuss the details of the accident and see firsthand the effects of the resulting brain injury.

If you have any concerns about how you can get back to work with the new limitations on your cognitive and mobile functions, your lawyers can also help you figure out what sort of compensation would best make up for them. With their background in compensation law, they can help you compute the exact figure you need for services or medications that will enable you to either recover full capacity or readjust accordingly after the accident.

2.) Brain injury compensation lawyers can help you prove the existence and extent of your injuries. In most cases, burden of proof is upon the plaintiff before they can successfully collect their desired compensation. Some brain injuries can be hard to prove since symptoms can sometimes manifest themselves even months after the accident.

Provided that you hire the right lawyer as soon as possible, s/he can chart your progress after the accident and help corroborate your claims about the extent of your brain injury. These compensation lawyers can also help you assemble the proper team of experts and witness to strengthen the validity of your case.

3.) A team of qualified lawyers can help you come up with a good game plan for best results. Not all brain injury compensation cases are straightforward. Even if you are able to identify the individual or the party that is directly responsible for your accident, you may not always get a good result if you sue them (i.e., if they arent financially capable to pay for damages).

A good lawyer will be able to help you find an alternative in such a case. S/he might recommend suing not the person whos directly responsible but the company behind the car or the location that figured in the accident. This is because the latter is often equipped with liability insurance that covers for the necessary compensation.

If you or someone you love has had a traumatic brain injury (TBI), it can have a profound effect on the outcome of your life. In the event that someone else is responsible for this, it is a good idea to hire brain injury compensation lawyers to fight on your behalf. Use the following advice when you are conducting interviews if you want to have a positive result.

Ask About Their Caseload

There are a number of lawyers out there who are well qualified to handle this type of case. The problem is that some of them have so much on their plates that it would be difficult for them to give you the time needed to build a solid case. While this is not meant to imply your attorney should have no current cases in their schedules, you should certainly be concerned if it seems like they have more cases than one person can comfortably handle.

Every attorney is different, so the acceptable number of cases is variable. With that said, if an attorney is working on more than five cases, you should probably look for someone else.

Discuss Their Willingness To Go To Trial

It is common for many TBI claims to be settled out of court, but there are other times when it is in the best interest of the client to litigate. This is usually a good idea when the two parties involved are unable to reach a compensation agreement that is fair and just.

Some attorneys will try their best to convince you that your case has no merit because they would rather not head into the courtroom. You can avoid this by asking the brain injury compensation lawyer you interview if they have a problem going to court if needed. If you notice any reluctance when discussing going to trial, this should certainly be seen as a bad sign.

Find Out Who Will Handle Your Case

When you are meeting with an attorney for an interview, make sure to ask whether the person you are dealing with is the same one who will be handling your case if you decide to hire the firm. It is very common to have an initial interview with one lawyer then your case is passed on to another. While this is not always a bad thing, it can be when you are under the impression that a seasoned TBI lawyer will be taking care of you and a junior associate is assigned the case.

Inquire About The Fee Schedule

You need to be perfectly clear about what is expected of you financially before you hire an attorney. Many personal injury lawyers work on a contingency basis, which means that they are not paid unless you win, but others will require you to pay as the case progresses. It is also important for you to have them break down everything you will be responsible for, including transportation costs, filing fees and court appearance rates.

A brain injury is a devastating event and it is important for you to file a claim if someone else is responsible. It is not wise to walk into this arena alone, which is why you should hire an attorney. If you remember all of this while in the interviewing phase, it will increase the chances of you hiring an attorney you will be happy with.

Did you suffer a brain injury from a vehicular accident or workplace accident? Is your brain injury as a result of a doctor’s malpractice? Did you need hospitalization or lose work because of the injury? Well, you are entitled to compensation if negligence from the other party can be proven. However, insurance companies always hire lawyers who work tirelessly to make sure the victims keep as little money as possible.

If the insurance companies make an offer for a tiny amount, it’s time to take the case to court. Of course, this will include extra legal fees besides the medical expenses currently running a hole through your pocket. With that in mind, most people fail to hire brain injury solicitors and choose to present themselves in court. Well, unless you are a skilled negotiator or have expert knowledge of the inner workings of brain injury/personal injury cases, here are a few reasons why hiring brain injury lawyers shouldn’t be underestimated.

First, insurance companies have a compensation formula used to calculate the amount of money the victim should receive. Different companies work with unique formulas. However, some insurers might offer a tiny amount since most brain injury victims are in need of quick money to cover their medical expenses. If you haven’t partnered with a brain injury solicitor, you might be too fast to take the cash without further consideration. However, an attorney can ensure you receive a higher amount if you take the case to court or threaten to do it just to scare the insurance companies into accepting.

Secondly, without the knowledge of all legal proceedings in your case, you are not in a good position to represent yourself in court. Brain injury solicitors have worked with various judges over the time they have been in business. Therefore, they understand the arguments that will sway the judge or jury to your side. Even better, they can research and find more evidence to increase the total settlement amount. Therefore, rather than risking everything by representing yourself, you should work with a brain injury attorney who does everything possible to win your case.

If you are afraid of hiring a brain injury lawyer because he/she might be too expensive, you need to rethink your decision. In most personal injury cases, the attorneys pay the upfront legal fees and receive their payment from the compensation amount once the case is complete. However, if you choose to go at it alone, you will end up spending more than you would if you had hired a brain injury lawyer from the start.

Finally, these attorneys are experienced in handling various brain injury cases. If you hire a lawyer who has handled numerous cases during the time he/she has been in business, you can rest assured that the outcome of your case will be positive. As mentioned above, the attorneys can do everything possible to win the case, and if they have gone to the trenches before, they will do the same thing for your case.