Vermont & New Hampshire Injury Blog

Was that person “negligent” and do I have a personal injury case?

Many people are injured as a result of car accidents, motorcycle accidents, industrial accidents, construction site accidents, bicycle accidents, pedestrian accidents, and medical malpractice. If the injury was the result of another’s negligence, you may have a personal injury case.  Negligence is the failure to exercise the type of care that a reasonable person in society would exercise under the same circumstances, also known as reasonable care. Negligence does not simply mean that someone has done something wrong.  Rather, there are elements of negligence that have to be established. These elements are duty, breach, causation, and damages. For a more detailed explanation of the elements of negligence, click here: The Elements of Negligence. If your personal injury attorney can establish these elements, then you may have a personal injury case. A personal injury case is a legal request for financial compensation for damages suffered as a result of another’s negligence.  However, your personal injury claim may be subject to a statute of limitations. A statute of limitations is the maximum period of time you have to initiate a claim, or bring legal proceedings, based on the negligent event that caused your injury.  At Van Dorn & Curtiss, we can review your case and help determine your claim eligibility.

How does the United States Supreme Court affect personal injury claims in Vermont?

Every year the United States Supreme Court rules on a wide variety of legal issues.  In 2009 the Supreme Court is expected to issue an opinion in the case of Wyeth v. Levine.  In this case the drug company, Wyeth is seeking to overturn a Vermont state court’s ruling in favor of Diana Levine, a musician who lost part of her arm after an infection caused by a painkiller manufactured by Wyeth.  The legal issue before the court is whether federal law preempts conflicting Vermont state law and whether Diana Levine can bring a personal injury claim against a drug manufacturer for injuries caused by FDA-approved drugs. If the Supreme Court rules that Diana Levine’s is barred from bringing a suit, drug companies could be immune from personal injury claims as long as the drug was approved by the FDA. The Supreme Court will release its rulings in the spring and it will be interesting to see how the case is decided. 

This is a frustrating example of how insurance companies often attempt to escape liability based on a technicality.  As discussed in Personal Injury Law, Insurance and the movie “Sicko,” if you have a serious personal injury claim don’t think that the insurance company will treat you fairly.  The only time an insurance company pays a fair settlement is when the injured individual is represented by an experienced personal injury attorney.  At Van Dorn & Curtiss we know about a thing called insurance companies rules.  Click here For a comical explanation of insurance companies rules.

Do you drive a Lexus or Toyota? Has your car been recalled?

Injured on someone else’s property? The basics of premises liability law.

Premises liability is an area of civil law that holds a person responsible when someone is injured on his or her property.  Some people commonly refer to these situations as “slip and fall” cases, however that name should not mislead the legal consumer into thinking that these are easy cases.  To the contrary, it takes a skilled and experienced personal injury attorney to assess a premises liability case. 

There are multiple factors that an attorney must take into consideration when determining whether or not you have a viable claim. For example, your attorney must evaluate whether or not the so-called defendant was truly the possessor of the land and premises at issue.  Second, your attorney must evaluate the premises liability law in your particular jurisdiction to determine whether you are classified as an invitee, licensee, or trespasser. These classifications will relate to the duty the defendant owned to you.  Usually a property owner (or person in control of the property at issue) has the duty to use ordinary care and to protect and warn persons on their property of harm, if such harm is unreasonable.  Included in this duty is the obligation to inspect the premises so that a property owner will become aware of potential hazards.  

Interestingly, property owners whose premises abut sidewalks and public roads can be held responsible when dangerous conditions existing on those premises harm members of the public who are passing by. 

Van Dorn & Curtiss frequently represents individuals who have been harmed by dangerous conditions existing on someone else’s property.  If you would like to find out more about these types of accidents, injuries, or insurance claims, visit our website. 

Upcoming meeting with an attorney? What to expect in your first interview.

Do you have a meeting scheduled with an attorney at Van Dorn & Curtiss to discuss the merits of a potential personal injury claim? If you don’t, and would like to schedule one, please contact us.  If an appointment is already scheduled, you may be wondering what to expect or what information the attorney is going to ask you. The first meeting between you and your lawyer could be the most important meeting in your case.  During your initial interview, your attorney will typically discuss several factors that may play a role in your potential personal injury claim. These factors include the statute of limitations in your case.  Specifically, your attorney will need to determine when the statute of limitation begins to run on all your potential claims, and when it ends. Your attorney will also discuss issues bearing on liability.  This is where details are very critical, and the attorney may spend a significant amount of time walking through the events step by step.  For example, in an automobile accident case, your attorney will need to know how the accident happened, a description of the scene of the collision, the location of all vehicles involved in the collision, the point of impact, and other details such as speed, time, and road markings.  Your attorney will also discuss damages.  Damages may include out-of-pocket expenses, lost income, future expenses, medical bills, as well as intangible harm such as pain and suffering.  Other potential topics to be discussed include the client’s background, other parties involved, potential witnesses, potential defenses, physical evidence, paperwork, the client’s goals, and the steps going forward. There is one important thing to should keep in mind: tell the truth, the whole truth, and nothing but the truth.  Don’t tell your lawyer what you think is important.  It is crucial that you tell the entire story, making sure to include all facts that you might think are negative or harmful to your claim.  This is the only way to ensure that your attorney gives you the best and most candid advice.

The Elements of Negligence

Negligence is the failure to exercise reasonable care with harm resulting. Reasonable care is generally defined by what the average person in our society would do or not do under the same circumstances. In a civil case, such as a personal injury case, including automobile accident cases, medical malpractice cases, product liability cases and premises liability cases to name a few,  there are specific elements of negligence that must  be established to make the case. . These elements are “duty”, “breach”, “causation”, and “damages” and are explained in more detail in the article on our website. To continue go here