We’ve all heard one joke or another that started like the title of this blog. For example, “you might be a New Yorker if…” or “you might be a Westerner if…” These quips can surely bring amusement to our lives, but do they add any concrete value? The purpose of this blog is not necessarily to make you laugh—but if you do, that’s great. This blog is intended to give you a basic guide with which to determine whether or not you have a viable lawsuit on your hands. Remember, while the law is not intended to aid in any sort of “get rich quick” scheme, it is designed to promote structure and justice. With that in mind, if another has harmed you, you should not feel bad using the law to hold that individual responsible. In this blog, we’re going to describe a few situations in which the victim would certainly have a viable case.
Let’s start with the quintessential personal injury case: the auto accident. You’re sitting at a red light on a clear morning waiting for the light to change so you can get to work on time. All of the sudden, you feel another vehicle crash into the rear of yours. You feel the pressure of the back of your car crushing into itself. After you get out of the car to survey the damage, you notice a teenager hopping out of his driver-seat, cell phone in hand and headphones in ears.
–In this scenario, the distracted driver behind you should be held liable for all of your damages. This is, and many others like it, is a scenario in which you’d have an absolutely viable case.
Now let’s move from out of the car and into a doctor’s office. You’ve just gone to a lab to provide a blood sample for a test. Your doctor is having a very busy week and so as he’s going over your test results, he skims it instead of analyzing it with due care. As a result, he tells you that you’re completely healthy, when you’re really not. A couple of weeks later, a sickness starts to show its symptoms and you are much worse-off than you would have been had the doctor noticed the sickness on the test two weeks earlier.
–In this scenario, the doctor acted in a negligent manner and therefore failed to meet his duty of care. You are entitled to damages that you would have avoided had it not been for the negligent doctor. You should not feel bad about holding your doctor responsible for his malpractice.
Finally, we move into the comfort of a home. You’re sitting in the living room watching a movie. You reach over and grab the bag of popcorn you just microwaved, tearing it open and inhaling that nostalgic popcorn smell. After years of this, you develop a type of lung disease. It’s established that the butter-like flavoring that has been used in microwavable popcorn can lead to severe lung problems.
-According to tort law, and evidenced by a recent settlement of $7.2 million in a case exactly like this, you can hold the manufacturer and seller of the product that caused you to develop the harmful lung disease. As mentioned above, a man afflicted with this disease successfully held the negligent parties responsible—to the tune of $7.2 million.
The above examples are general, simplified versions of real-life scenarios. They, among many, many others, are examples of things that happen in everyday life to everyday people. Bad things happen in life; thankfully, with personal injury law, you can sometimes mitigate the negative effects of said things by holding the responsible parties responsible.
For a free consultation on any type of possible case, please call us at 561-266-9191 or email us at daronberg@aronberglaw.com.
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