While we hope you never need it, having a foundational knowledge of the personal injury claim process can be incredibly beneficial, empowering you in the unfortunate event of an accident. With this in mind, we're sharing a clear overview of the process and important terms to help you understand the fundamentals of personal injury cases. A Basic Overview Personal injury cases cover civil claims against individuals or entities whose acts or omissions cause injury. Common types of personal injury cases include automobile accidents, medical malpractice, slip-and-fall incidents, and product liability. Each of these scenarios requires a nuanced understanding of legal responsibilities and liabilities. To establish a strong personal injury case, four fundamental elements must be present: duty, breach, causation, and damages. In cases like product liability, the duty is often presumed, meaning the law assumes certain responsibilities on the part of the defendant, such as safety in manufacturing. Other cases, such as assault and battery, require the plaintiff to prove intent. Element 1: Duty Duty refers to the legal obligation to act with a level of care that a reasonable person would exercise under similar circumstances. This can vary widely, depending on the specific situation. For example, all drivers have a duty to follow traffic laws and drive safely to avoid harming others on the road. A business, such as a supermarket, has a specific duty to ensure that its premises are safe for customers. Element 2: Breach of Duty Breach of duty occurs when the responsible party fails to meet the expected standard of care. General duty refers to broad, societal expectations, requiring everyone in similar circumstances to act reasonably and prevent foreseeable harm. An example of breaching this duty is a driver texting while driving, neglecting the general obligation to drive safely, which leads to an accident. Specific duty, in contrast, stems from particular relationships or situations that demand specific actions to avert harm. For instance, a store owner who ignores a known hazard, such as a loose floor tile, is breaching this specific duty by failing to ensure a safe environment, resulting in a customer's injury. Element 3: Causation Causation links the breach of duty directly to the injuries sustained. This connection is essential for the claim to be valid: If a car accident occurs because a driver ran a red light (breach of duty) and this directly results in another driver suffering a neck injury (causation), then the first driver would be responsible. However, if the injured driver had a pre-existing neck condition that was demonstrably worsened by the accident, the causation between the breach and the specific injury might be harder to prove. Element 4: Damages Damages in personal injury cases are categorized as economic and non-economic. Economic damages are quantifiable costs incurred by the plaintiff, while non-economic damages cover subjective impacts such as pain and suffering and loss of enjoyment of life. If you believe you have a case, it is essential to consult with a board-certified civil trial lawyer, recognized for their expertise in personal injury law. The Clearman Law Firm, PLLC, meets and exceeds this threshold, and we are here to assist you with any questions or concerns. Contact us today to discuss your situation and how we can help.

At The Clearman Law Firm, PLLC, we understand that the field of litigation is often surrounded by complexities and nuances that can be daunting. However, with the right legal team, these challenges become manageable and much less intimidating. To provide clarity and reassurance, we’d like to debunk some common myths about litigation that may influence your perception and decisions in legal matters. Frequently Asked Questions Is my case a “slam dunk”? It’s tempting to think some cases are guaranteed wins, especially when the facts seem overwhelmingly in your favor. However, litigation is inherently unpredictable. Various factors such as judicial discretion, opposing counsel’s strategy, and unforeseen evidence can all impact the outcome. That’s why having a skilled legal team is key to ensuring your litigatory success. Quality representation, strategic planning, and effective witness management play crucial roles in the outcome. Will having plenty of witnesses ensure my case's success? Having numerous witnesses might seem like a surefire boost to your case. However, the quality of witness testimonies often outweighs the quantity. Poorly prepared witnesses can undermine your position. During preparation for your case, our team ensures that all testimonies are reliable and impactful, enhancing your case’s credibility even in challenging scenarios such as employment disputes. Will the other party immediately settle once we sue? Many assume that filing a lawsuit will quickly pressure the other side into settling. Litigation can be complex and prolonged; an immediate settlement is not always a given. Although initiating a lawsuit doesn’t always lead to an immediate settlement, our experience and strategic approach often prompt more timely resolutions. We understand how to leverage the strengths of your case to encourage settlements where possible, guiding you through the necessary legal maneuvers efficiently. Is being deposed easy? Some parties anticipate depositions with confidence, underestimating their complexity. In reality, depositions can be challenging, and mishandling them can severely weaken your case. With thorough preparation and support, we work to ensure this step becomes a strong advantage for your case. Can recorded conversations be used as straightforward evidence? Recording someone as evidence may sound like a straightforward way to support your case, but legal restrictions can complicate the use of recorded conversations. That’s why we guide our clients through the proper legal channels to ensure that all evidence is admissible and used effectively within the bounds of the law. We navigate these challenges to safeguard your position in the litigation. How can understanding these myths affect my litigation experience? Understanding these myths and approaching them with the right legal strategies can significantly affect your litigation experience. If you have any questions or need further clarification on these points or any other legal matters, please do not hesitate to reach out. We are here to help. Contact Us  If you have any questions or need further clarification on these points or any other legal matters, please do not hesitate to reach out. Contact The Clearman Law Firm, PLLC, to discuss your case and how we can assist you in navigating the complexities of litigation.

Class action is a type of lawsuit in which numerous individuals file a claim collectively against a corporation to recover damages for wrongdoing. It can be an efficient method of offering justice to many people at once. Rather than one individual having to fight for recourse from a large and powerful company on their own,... The post What is a Class Action Lawsuit? appeared first on The Clearman Law Firm | Call 713.304.9669.

After Nine Years of Litigation, A Settlement On June 30, 2009, Scott Clearman, The Clearman Law Firm, PLLC, on behalf of his clients, filed a detailed class action complaint against retail energy provider Stream, Stream’s marketing arm, Ignite, and their officers and top salespersons, alleging that they operated a pyramid scheme in violation of the... The post Partial Settlement Reached in Ignite/Stream Class Action appeared first on The Clearman Law Firm | Call 713.304.9669.

Scott learned that certain businesses were routinely purchasing life insurance on the lives of their rank and file employees, the best example being Wal-Mart secretly taking out policies on over 360,000 of its employees in a day.  The insurance companies called this insurance “dead peasant” insurance, a reference to the employees.  Many white-shoe corporate law... The post Corporate Owned Life Insurance (or “Dead Peasant”) Litigation appeared first on The Clearman Law Firm | Call 713.304.9669.