Man Hit by Boat Propeller: Claim Negligence?

  <p class="permalinkable">
    Over this past weekend, a man was hit by a boat propeller by an inexperienced boat driver that got too close. The man, who was in the water at the time, was hit when the boat backed into him. He sustained cuts to his body, in addition to a fractured ankle, and had to be airlifted to a local hospital. According to Maricopa County sheriff's deputies, alcohol was not a factor in the mishap.
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  <h2 class="permalinkable">
    Understanding Your Rights
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  <p class="permalinkable">
    Accidents happen, but if you suffer injuries as the result of another person's inexperience are you able to file a negligence lawsuit in order to recoup lost wages spent on hospital bills or time spent in recovery?
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  <h3 class="permalinkable">
    Negligence
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  <p>
    Most cases involving personal injury require that "negligence" be established as the fault for the accident. An injured person and his or her legal team will need to establish that the other person's negligent actions caused the injury. To understand negligence, you'll want to understand two other concepts: duty of care, and the "breach" of that duty.
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  <p>
    "Duty of care" is the responsibility one person has to avoid causing harm to another person. With a personal injury claim or lawsuit a lawyer will need to prove that another person had a  duty of care in the accident that caused the injury.  An injured person (called the plaintiff) will need to demonstrate exactly how the other party (called the defendant) failed to meet that duty of care. After duty of care is established, it will need to be shown that the plaintiff sustained real injuries that were caused by that breach of duty of care.
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  <h3>
    <strong>Level of Reasonable Care</strong>
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  <p>
    For a plaintiff to demonstrate a breach of care he or she, or their legal team will need to show that actions either taken or not taken by the defendant failed to me a level of reasonable care. An appropriate level of reasonable care will be determined by the specific situation surrounding the case.
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  <p>
    Here's an example of a traffic accident:
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  <p>
    The driver of a vehicle<b> </b>is legally obligated to operate his or her vehicle with reasonable care at all times. That includes performing proper maintenance, knowing how to operate a car, and taking into account traffic conditions, weather, and visibility.
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  <p>
    National and State legislatures have laws identifying drivers’ legal obligations when they get behind the wheel of a car.  In most cases, under most laws, if Driver A violates a driving law, he or she is said to have breached the duty of care of other drivers, passengers, and pedestrians, if his or her conduct caused an accident that causes injury to others.
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  <p>
    Here are some additional examples of the duty of care of other kinds of injury-related cases:
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  <ul>
    <li>
      <b>Slip and fall case. </b>In cases where a <a href="https://www.personalinjuryattorneys.me/slip-and-fall-attorney-phoenix/">slip and fall</a> has happened on a property, the property or business owner has a legal obligation to keep <a href="https://www.personalinjuryattorneys.me/premises-liability-accident-attorney-phoenix/">property premises</a> free from known hazards. The property or business owner must act within a reasonable time to fix dangers as they present themselves. In these cases it must be proven that the property or business owner knew about the hazard and failed to fix it.
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    <li>
      <b>Medical malpractice case.</b> This case can be brought where a person is injured or killed as the result of a doctor or medical practitioners actions. A doctor or other medical professional is required to provide treatment with the same level of skill and care that a reasonably competent health care provider would act with under similar circumstances. In these cases medical expert witnesses are often brought in to establish the barometer for "reasonably competent care." Prevailing medical standards and practices in the same field or medical specialty also need to be established in order to prove the medical practitioner did not follow them and thus acted negligently.
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    <li>
      <b>Defective product case.</b> A manufacturer, distributor, and seller of a consumer product are all legally obligated to produce and sell products free from unreasonable or unexpected dangers to consumers.
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  </ul>
  
  <h2>
    <strong>Establishing Who Is At Fault</strong>
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  <p>
    After duty of care is established, a plaintiff  needs to establish exactly how the defendant "breached" the standard of care. Either the defendant did something or failed to do something that would have been reasonable under the circumstances. It will need to be shown that the defendant is legally at fault for causing the injuries sustained by the plaintiff.
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  <p>
    For example, with a car accident, fault can be established a number of ways, including:
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  <ul>
    <li>
      showing the defendant violated a traffic law. A police report can be helpful for determining this.
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    <li>
      testimony of eyewitness to the accident,
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    <li>
      the plaintiff’s own testimony regarding what happened, and
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    <li>
      examination of evidence at the accident scene, including vehicle damage.
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  </ul>
  
  <h3>
    Comparative Fault
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  <p>
    Occasionally a plaintiff will share fault with the defendant. In these cases, it must be shown that the plaintiff’s own conduct played a role in <a href="https://www.personalinjuryattorneys.me/wrongful-death-attorney-phoenix/">causing his or her injuries in addition to the defendant’s negligence</a>. For example, in the car accident scenario, perhaps the defendant made an abrupt left turn in front of the plaintiff's car. But if the plaintiff was shown to be driving at a limit above the speed limit the jury or insurance adjuster might decide that the plaintiff's own negligence played a part in causing the accident.
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  <p>
    Every state follows some variation of one of two legal rules:<strong> comparative negligence</strong> or <strong>contributory negligence.</strong>
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  <p>
    In comparative negligence states each party is able to collect collect damages equal to the percent of fault that belongs to the other party. So in the above example, the plaintiff’s total compensation or damages award would be reduced by an amount equal to the percentage of his or her fault.
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  <p>
    In contributory negligence states, if a plaintiff is found to be even one percent responsible for causing the accident, he or she is not able to collect damages from other at-fault defendants.
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  <p>
    Lastly, to establish negligence the plaintiff will need to show how he or she was harmed by the defendant's action (or inaction).
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  <h2 class="permalinkable">
    Type of Injuries
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  <p>
    Next, a plaintiff will need to establish the type (and extent) of injuries sustained by a plaintiff in the accident. "Medical special damages" are a key indicator that determines how much a plaintiff will receive in the settlement. This is the amount of money spent on having injuries assessed and treated. This is based on any number of thing: hard v. soft tissue damage, including broken bones, wounds, head injuries, separations, dislocations, and ligament or cartilage tears, and additional injuries.
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  <p>
    These will need to be documented and recorded by a doctor, in addition to all steps needed to ensure a plaintiff's full recovery. This information will need to be presented in either court or to an insurance adjuster in order to prove the plaintiff's case.
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  <h2 class="permalinkable">
    Working with a Personal Injury Attorney
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  <p>
    The attorneys at <a href="https://www.personalinjuryattorneys.me/car-accident-attorney-phoenix/">Personal Injury Attorneys PLLC have experience handling personal injury cases such as a motor vehicle</a>, <a href="https://www.personalinjuryattorneys.me/bus-accident-attorney-phoenix/">bus</a>, and <a href="https://www.personalinjuryattorneys.me/motorcycle-accident-attorney-phoenix/">motorcycle accidents</a>. It can be difficult dealing with injuries and extensive damages suffered during an accident caused by DUI, distracted driving, or drowsiness, or general negligence. Following an accident, victims are commonly left with questions and concerns regarding how they can successfully obtain compensation. There are many complicated insurance claim stipulations that can leave you confused. The help of an expert personal injury attorney who is well versed in the laws specific to automobile accidents in Arizona can help ensure you get the settlement you need and deserve.
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  <p>
    After contacting an attorney, they will investigate the specifics of the crash. The more information you can provide to them, the better. That means specifics of the crash, any witness information, any medical bills or time spent in the hospital, and the specifics of your injuries. They will build a case for you based on these specifics and then defend you should the case go to trial. You'll want to work with experienced personal injury attorneys like the ones at Personal Injury Attorneys PLLC.
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