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Personal Injury

What to do after a car wreck
• Stop
  - You are required by law to stop at, or as near as possible to, the scene of an accident that involves injury to person or property.
• Remain Calm
  - If you are seriously injured, stay where you are. Do not show anger. Most importantly, DO NOT ADMIT FAULT AND DO NOT DISCUSS YOUR INJURIES WITH ANYONE BUT YOUR DOCTOR OR YOUR ATTORNEY!
• Call the Police
  - By law, if you are involved in an accident involving injury to property and/or person, you must contact law enforcement. An accident report may also be useful when trying to prove fault.
• Call a family member or friend
  - Having someone you can trust come to the scene of the accident is invaluable. Call someone who can observe the scene of the accident and do things, such as take pictures, that you may not think of at the time.
• Get detailed information
  - Obtain the make, model, and year of the car involved. In addition, get the other car’s license plate number, the other driver’s driver license number and insurance information. If possible, get the names and contact information of any witnesses. If you are too injured to do this, have a family member or friend do this for you.
• Don’t discuss any details but with…
  - Unless you are a doctor, you do not know the extent of your injuries. Many injuries may not manifest any symptoms for days, or even weeks, after the accident. Do not discuss your injuries with anyone except your doctor and your attorney. DO NOT ADMIT FAULT! Most importantly, DO NOT DISCUSS ANY OF THE DETAILS WITH THE INSURANCE COMPANY, INCLUDING YOUR OWN! Contact an attorney and refer the insurance company to him or her!
• Get photos
  - Take out your phone and take pictures of the scene of the accident, including skid marks and damage to vehicles (as well as any other evidence that you think might be useful). If you are too injured to do this, call a family member or friend and have them do it for you.
• Get medical attention
  - Again, unless you are a doctor, you will not know the extent of your injuries. If you are not taken to the emergency room by ambulance, go to an urgent care clinic and get evaluated. Report any symptoms to the doctor, no matter how minor! If you do not get evaluated, this can be used against you and this will make it easier for insurance companies to minimize your settlement!
• Report collision to all insurance companies
  - There is no guarantee that the other driver will do this. However, only report the accident. DO NOT DISCUSS THE DETAILS, INCLUDING DAMAGE TO YOUR VEHICLE AND INJURIES, WITH ANY INSURANCE COMPANY, INCLUDING YOUR OWN! REFER ANY QUESTIONS THAT THEY MAY HAVE TO YOUR ATTORNEY!

Common Mistakes Civil Cases (auto)
• Medical Treatment
  - After an accident, injuries may not be immediately apparent. This is particularly true when a person does not observe immense amounts of damage to the automobiles. When this occurs, people have a tendency to “play through the pain” so to speak and not seek medical assistance. This is a mistake that can cost you down the road. If a person does not seek the assistance of a health care provider as soon as possible after the incident, such lack of action can be seen as indicative of injuries not be “too serious”. In essence, a person can make him or her self look like a greedy person looking for a payday rather than an accident victim. If you have been injured by another’s negligence, please seek medical assistance as soon as possible.
• Law Enforcement
  - After checking to make sure everyone involved in the accident is ok, someone needs to inform law enforcement of the incident in question. A police officer will come to the scene and make an accident report. Without such a report, there is no record of the accident and you may be left with no proof of the incident in question, or that anybody but yourself is at fault for your injuries. If you are in an accident, be sure to inform law enforcement.
• Lack of Disclosure
  - Telling your attorney every piece of relevant information can only help you. Your attorney can determine what to do with this information and present it in a light most favorable to you. If prior injuries and accidents come up at a later time, such as in a court hearing, this information can be very detrimental to your case as well as any credibility and sway that you and your attorney may hold with the insurance company or jury. Being open also applies to information you must give to your doctor. Credibility is an absolute necessity and any good injury lawyer is ethical, so he or she will not give false information (intentionally) under any circumstances. This is why you must be open and honest with your attorney!
• Exaggeration
  - We have all heard the Golden Rule. The old (and perhaps cliché) adage of “do unto others . . .” can go a long way in getting proper compensation in your injury case. If you are pretending that your injuries are more serious than they really are, you are going to make yourself and your attorney look bad (i.e. you put on the appearance that you are trying to “take people for a ride” so to speak). If you are honest and forthcoming with your attorney, the insurance company, and the jury, you will get taken care of. So, following the Golden Rule goes a long way when a person is injured in an accident.
• Playing through the pain
  - It is often the case that people will “play through the pain”, so to speak, and return to work in order to pay the bills. This is a serious mistake in an injury case. If you are working, it will be inherently difficult to get compensation for lost wages. So, if the doctor tells you to stay home, stay home.
• Faulty Records
  - While your attorney will do his or her best to collect medical bills and records for you, it is important that you keep your own copies of bills/receipts to send to your attorney as well. It is very important that you keep track of other expenses as well, such as mileage and prescriptions, in order to ensure that nothing falls through the cracks. Your attorney can only work with the facts that he or she is given, and anything you can do to assist in the endeavor of obtaining compensation will help immensely.

Types of accidents
• Intersectional collisions
  - Accidents that take place in intersections take place in roughly half of all auto accidents. In most cases, the front bumper of one vehicle will strike another vehicle in the front quarter panel, front or rear doors (or both), or the rear quarter panel. The side of the car is the least protected and most vulnerable part of the car and serious injuries can result from this type of accident.The law in most states mandates that when one comes to a stop light/sign, he or she must come to a complete stop. But, this is only half of the story. We also learned in driver’s end that one must wait until it is safe to proceed to move from that stationary position. When a person stops and then pulls into oncoming traffic before it is safe to do so is a breach of that driver’s duty to drive safely and constitutes negligence. A negligent driver will usually be found liable for any injuries that result from their unsafe behavior. This principle also applies to making left hand turns. Anyone making a left turn typically must yield the right of way and failure to do so will also constitute negligence.Another problem may arise with these types of collisions when there is a traffic light involved and both parties claim that he or she had the green light. In this circumstance, an experienced attorney and investigator will be necessary. Call 1Law and talk to one of our experienced accident attorneys if you have been involved in an intersectional accident.
• Rear end collisions
  - Rear end collisions are the most common type of car accidents and, unfortunately, most are the result of the inattentiveness of the other driver. With the rapid development of technology that can cause distractions being placed in automobiles, these accidents can be expected to increase. In the case of a rear end collision, the front bumper of one car comes in contact with the rear bumper of another car. A quality rear bumper system is an important safety feature and should be able to absorb the shock of a low impact collision; however, a low quality rear bumper will transfer the energy of one car to the occupants of the non offending vehicle. While there may be little or no damage, it is important to remember the necessity of seeking medical attention. Only discuss the details of the accident with your physician or your attorney. Call 1LAW and talk to one of our experienced personal injury attorneys if you have been involved in a rear end collision.
• Pedestrian accidents
  - Thousands of pedestrians are injured or killed in encounters with automobiles each year. Pedestrians can be injured in a variety of situations which include a child chasing a ball into the street, or a couple enjoying a walk on the side of the highway. While it is true that a pedestrian may have to yield to oncoming traffic when attempting to cross outside of an intersection or a crosswalk, a driver must always remain vigilant for potential dangers involving pedestrians. If you or a loved one has been injured by someone’s negligence in this circumstance, call 1LAW and talk to one of our experienced personal injury attorneys!Pedestrians are injured in a variety of situations. Children playing in urban areas creates a duty for motorists to exercise reasonable care. The driver of a vehicle may bear a greater portion of responsibility for an accident because the consequences of driver fault present a greater potential for causing greater havoc.The pedestrian automobile accidents are very difficult to evaluate without the help of an experienced lawyer.
• Sideswipe collisions
  - Another common type of auto accident is the sideswipe. This occurs when one attempts to switch from one lane to another that is already occupied and hitting the side of another car. A presumption of negligence may result for the offending driver due to the fact that any driver is required to make sure that he or she can make a lane change safely. An insurance company may try to argue that damages should be minimal because both vehicles were going roughly the same speed, which justifies a minimal, or even no settlement. However, the insurance company will not acknowledge that people involved in auto accidents are jolted, and tossed back and forth and up and down. These sudden movements can cause severe injuries to the human body, including injuries to the head and spine! If you are involved in a sideswipe collision, seek medical help immediately. Even if your x-rays at the emergency room show normal results, additional tests can show damage elsewhere. Then contact 1LAW to speak with an experienced personal injury attorney that will work to get you a fair settlement!
• Distracted driver
  - If a driver takes his or her eyes off the road, he or she increases the risks of injury, or even death, to him or herself, and others. With the rapid increase of technology, this type of auto accident has grasped the attention of the Nation.
• Drunk driver
  - Millions of people navigate the roads of the United States by automobile each day. Sadly, thousands also die in fatal accidents each day. Many of these fatalities can be avoided by avoiding alcohol while driving. In all 50 states, it is illegal to operate a motor vehicle with a blood alcohol content of .08 or greater.The knowledgeable, experienced attorneys at 1LAW know how to investigate and bring your case to a fair settlement.If you or a loved one has been harmed by a drunk driver, please make a call to 1LAW today!
• Defective road
  - There are situations where driver error is not the only cause of an accident. At times, a defective highway or street may cause motor vehicle accidents. In cases such as these, the entity charged with street maintenance may be held liable for a car accident that occurs as a result of a defect in roadways. Confusing or inadequate signs can also cause these types of accidents. Shoulders of roads must not pose unreasonable risks to pedestrians or motorists. A duty to warn arises when there is construction. Accidents caused by defective traffic lights or other traffic devices that are not visible can also give rise to a cause of action when an accident occurs. Roadway standards are constantly changing and there is no requirement that roads must be maintained in perfect condition. Because of this, an experienced injury attorney is essential in order to be sure which standard applies to your case as well as to make sure that you get a fair settlement.If you feel you have been injured on a defective road, please call 1LAW and speak with one of our injury attorneys!

Fatal Accidents
• - Unfortunately, not everybody walks away from a car accident. Thousands of people die on American roads every year. It is our goal at 1LAW to help ensure that our roads are kept safe by providing the best representation to our clients.

Left turning vehicles
• - Among the most dangerous maneuvers on the road is the left hand turn. This is so because it involves a vehicle entering a lane of oncoming traffic. We all learned in driver’s ed that it is mandated that anybody making a left turn yield to oncoming traffic. The law in most states requires that a motorist signal at least one hundred feet before reaching the spot of the turn, however, signaling a turn is only half the story. Any motorist turning left must also make sure that it is safe to make the turn in order to not put the drivers in the oncoming lane in harm’s way. When an accident occurs in which one of the drivers was turning left, there is usually a presumption of negligence on the driver turning left. In other words, the left turning driver must prove that it was reasonably safe to make the turn. If the offending driver cannot prove that he or she made a safe maneuver while executing his or her left hand turn, the offending driver will be found negligent, hence liable for damages.Please call 1LAW and speak with one of our accident attorneys for a free evaluation.

Motorcycle accidents
• - Thousands are injured or killed riding motorcycles every year. While the open air feel of a motorcycle may provide a sense of freedom and exhilaration, the lack of protection can result in serious injuries for motorcycle riders, even in what may seem like minor accidents. One major risk that motorcycle riders face is bad weather. While bad weather is seen as an act of god, municipal/county/state officials are charged with keeping roads safe, which includes filling pot holes and ensuring that loose gravel does not cause problems for motorists. Both of these issues can pose significant risks to motorcycle riders.It is very important to remember that enclosed vehicles can absorb shock that motorcycles cannot. If you have been in a motorcycle accident, seek immediate medical attention, even if you do not feel injured. Next, consult with one of the experienced injury attorneys at 1LAW in order to ensure that you receive a fair settlement for your injuries.

Right of way generally
• - Any driver on a favored street may assume the he or she has the right of way, which means that any driver approaching an intersection from non favored street must yield. This assumption holds until the driver on the favored street sees, or should have seen, that the other driver has not yielded. If a driver from a non-favored street attempts to enter a favored street when it is evident that he or she had a reasonable opportunity to do so without endangering others, or impeding the flow of traffic, preemption excludes such a driver from liability. When one is attempting to enter a roadway from a private driveway, there is an unusual and extremely high burden of care required of that driver. Anyone attempting to enter a roadway from a private driveway is required to yield the right of way to any approaching vehicles that are close enough to cause an immediate hazard. Another good example is someone who is trying to enter the highway from the shoulder. The same standard of care that applies to one who is attempting to enter traffic from a driveway applies to a driver who is attempting to enter the highway from the shoulder. One who attempts to enter the highway from the shoulder must be extremely vigilant and make sure that such a maneuver can be made safely, meaning that a reasonable and prudent person must have been able to execute the maneuver safely. When passing another vehicle on the highway, the passing driver must also be extremely vigilant in order to ensure that the maneuver can be made safely. This includes that all circumstances of the situation, including oncoming traffic, actions of the driver in front, and weather, allow for the maneuver to be undertaken safely.If you have been injured by someone who has not yielded the right of way, please call 1LAW for a free consultation.

Semi trucks
• - Much like a piece of aluminum foil encountering a canon ball, the common car, truck, or SUV does not stand much of a chance in an accident with a semi truck. The occupants of any average sized vehicle involved in a collision with a semi truck face a drastically increased risk of serious injury! Any collision involving a semi truck will almost always be catastrophic.Semi truck accidents are incredibly complex. Not only are semi trucks highly regulated at both the federal and state level, one will undoubtedly encounter various levels of responsibility when dealing with a semi truck collision. The driver of the truck, the driver’s insurance company, the trucking company, the company’s insurance company, government entities, and equipment manufacturers, among others, can all be considered responsible parties.There are several factors that cause semi truck accidents including: driver fatigue, intense work scheduling, poor loading, improperly maintained equipment, inexperience of the driver, poor training, intoxicated drivers, bad weather, bad roads, speeding, and negligence of others.If you are involved in an accident with a semi truck, it is absolutely imperative that you say nothing and agree to no settlements before consulting with a 1LAW attorney. Such statements can be used against you later. The attorneys at 1LAW are trained to protect you from insurance adjusters who are trained to get you to make decisions that can hurt you in the long run.Let us deal with the corporations and their insurance companies. You have enough to worry about. If you or a loved one has been injured in a collision with a semi truck, please call 1LAW today for a free consultation.

Civil Injury
When dealing with civil injuries, most causes of action will fall under the law of tort. No, a tort is not a European pastry. A tort can be defined, in a nutshell, as any wrong committed on a person that does not fall under the criminal code and is compensable by monetary damages, although, principles of tort and criminal law do intersect at times. For example, both assault and battery are compensable with money damages, and both can be found in any state’s criminal code. The following is a crash course, not an exhaustive list, of the general law of torts.

Prima Facie
• Prima facie means, literally, “on its face”. In other words, in order to be able to recover, certain elements must be met.
  In order be able to recover money damages, the defendant’s actions must consist of three things:
  1. Act – any volitional movement.
  2. Intent – this can be either specific (acting with intent to cause a harmful result) or general (not specifically intending to cause harm, but knowing with substantial certainty that his or her actions will cause harm).
  3. Causation – the result must have been set in motion by the defendant.
• Definition
  • Battery
  • - This is what is called an intentional tort. Any compensation for battery must be based on:
    1. Harmful or offensive contact (such as a punch in the face).
    2. To the victim’s person.
    3. General or specific intent to cause harm.
  • Assault
    – This is an intentional tort. Any recovery based on assault must be based on the following:
    1. An act by the perpetrator that creates reasonable apprehension of harm by the victim (someone coming at you with a baseball bat).
    2. Intent (the perpetrator must be coming after you specifically)
    3. Causation.
  • False Imprisonment
    – This is an intentional tort. Any recovery based on false imprisonment must be based on the following:
    1. Act or omission on the part of the perpetrator that confines or restrains another (locking the door).
    2. To a bounded area (such as a shed, or even a grocery store).
    3. Intent
    4. Causation
  • Intentional Emotional Distress
    – This is an intentional tort. Any recovery based on intentional infliction of emotional distress must include the following:
    1. Extreme or outrageous conduct by the perpetrator (kicking a puppy)
    2. Intent or recklessness
    3. Causation
    4. Damages (emotional damage must be severe)
  • Negligence
    – Negligence is not considered one of the intentional torts; rather, it can be equated to an umbrella (i.e. it covers just about any injury). Perhaps the easiest example is a car accident in which a motorist is turning left on a green light with no arrow and plows into an oncoming vehicle that has the right of way. The left turning motorist will have to pay damages due to his or her negligence. In order to recover for negligence, the following elements must be present:
    1. A duty to conform to a specific standard of conduct (i.e. to drive safely and wait until it is safe to turn).
    2. A breach of that duty (i.e. car turning left plows into an oncoming motorist when the oncoming motorist has the right of way)
    3. The breach by the perpetrator must be the actual and proximate cause of the injury.
    4. Damages (i.e. your car is wrecked, and you have mounting doctor/hospital bills).
  • Nuisance
    – Nuisance is conduct by another that causes a substantial interference of another’s use and enjoyment of his or her property. A nuisance can be private, which would consist of interference with the use or enjoyment of one person’s property (or a small number of people). This would consist of neighbors that have 10 dogs that howl at 4 am every morning (this is just one example). A nuisance can also be public, which is an act that interferes with the health, safety, or property rights of a community (such as having a crack house in a residential area).

Property Liability
• - This area of the law covers any issues that arise with the renting of commercial or residential property and consists of elements of both common law and state statutory law. Federal law does come into play on occasion, such as disputes involving housing discrimination.

Quiet Enjoyment
• - This is possibly the most well known aspect of landlord/tenant law. Any kind of lease or rental agreement comes with a warranty of quiet enjoyment, whether it is written or not. What this means is that the landlord will allow the tenant to take possession of the premises and that he or she will not interfere with private possessions of the tenant or the tenant’s use of the property.

Warranty of Liability
• - The Warranty of Habitability applies under both common law and state statutory law. What it means, in a nutshell, is that any landlord has a duty to make any quarters that he or she is renting, commercial or residential, livable. To make a property livable means to provide things such as working locks, windows that close, hot water, working electricity, in essence, to make the premises in clean working order. This also means that the landlord must paint regularly and make sure there is no mold on the walls. This list is not exhaustive, but provides a very short and general outline to a landlord’s duty to keep any premises that he or she rents livable.

Duty to safe environment
• - Part of making property livable is providing a safe environment. For example, a property owner has a duty to keep property that he or she is renting to tenants reasonably safe from criminal elements. There is a significant amount of case law that holds property owners liable for criminal actions on tenants. This duty also applies to business owners.While a property owner is generally not required to hire his or her own private police force (although this is not unheard of in dangerous areas), he or she is required to keep visitors reasonably safe from crime (such as providing security cameras and calling the police when there are suspicious characters loitering around). For example, a property owner has a duty to remove suspicious looking characters from the property (such as a person in a hotel that does not appear to be a guest) in order to prevent possible harm to visitors. In at least one case, a property owner was found liable for damages involving a rape (the property owner did not provide adequate security in order to prevent the attack). This principal applies to other forms of harm, such as battery, that can occur as a result of the property owner’s lack of precaution.

Slip and fall accidents
• - If you have seen so much as a wet floor sign, you have encountered premises liability in the slip and fall arena. Every property owner has a duty to maintain, repair, and be vigilant in reasonable upkeep of his or her property. A property owner cannot “pass the buck” so to speak and try to blame an agent (i.e. an employee or volunteer) for the condition that caused the injury; this obligation rests on the shoulders of the owner of the property. This affirmative duty falls on all property owners, from residential to commercial. This duty of reasonable care applies, generally, to both visitors and customers, which means that it applies to both homeowners and business owners.How does a business owner fulfill his or her duty of reasonable care? A business owner must keep aisles (and other passages) clear. Reasonable efforts must be undertaken to keep any premises free from hazardous conditions (such as keeping the floor dry). In essence, a business owner must work vigilantly to keep his or property safe for customers. If someone slips and falls on a wet floor, or trips and injures oneself on the premises of a business, the business owner may be liable for damages. Other situations that can give rise to premises liability include construction site accidents, assaults by employees or business patrons. Perhaps the most painful example of owner negligence is electrocution. Every property owner has a duty to protect their customers or visitors from the dangers of possible electrocution, such as keeping wires from being exposed.Included in the duty of reasonable care is the duty to warn. For example, a homeowner that has removed ice from the porch must warn visitors of the risk of slippage. Construction workers must warn passersby of potential hazards. Business owners must warn customers of possible dangers of their surroundings, such as faulty stairs (which would also apply to homeowners). These are just a few actions the property owners must take to protect their visitors and customers.If you have been injured because of a property owner’s failure to provide a safe environment, you may have a claim for damages which may include: pain and suffering, medical expenses, and lost wages. You should do the following if you are involved in an accident on another’s property: DO NOT make statements regarding fault, DO NOT give recorded statements to insurance adjusters without an attorney, get the property owner’s information, get witness information, take pictures if possible, preserve evidence (such as shoes and clothing), see the doctor, consult with a 1LAW attorney.The liability of a property owner varies from state to state and federal law also applies on occasion, making the law of liability of property owners quite complex. If you have been injured on the premises of another, please speak with an attorney at 1LAW.

Injuries involving law enforcement
• - If one is looking for heroes, one needs to look no further then the law enforcement personnel in our cities, towns, and counties. Law enforcement officers put their lives on the line every day/hour in their efforts to keep our communities safe. Crime does not take a day off and neither do our brave law enforcement officers. However, if one has watched the news in the last twenty years, it is plain to see, from racial profiling to physical beatings, that law enforcement officers do indeed have character flaws. For example, there are times, such as when a life is on the line, that it is necessary for law enforcement officers to use force. However, as can be seen plainly, there are times when such force is taken too far. That is when a private citizen may seek recourse from a law enforcement entity.Commonly, it is police commissions or district attorney’s offices that investigate these instances. One who does not have a legal background should not attempt to bring a complaint against any law enforcement entity. If you have been injured in any way by law enforcement, please allow the attorneys at 1LAW to help you get the compensation you deserve. Please call for a free consultation.

Injuries caused by government entities
• - Claims against cities, towns, and counties fall under this category. As the human population increases, so have dangerous situations and ignored safety precautions. Hence, claims against municipalities have become more and more common. Various government agencies take care of things such as roads, parks, and schools that our children and we use on a daily basis.Any kind of breakdown in these facilities can cause serious injury that may entitle you, your child, or your loved one to the recovery of damages. Any of the following injuries, among others, can give rise to a claim against a municipality: faulty maintenance, faulty design of roads, poorly maintained sidewalks, dangerous public parks, poor operation of city vehicles, and police brutality.If you or a loved one has been injured as a result of the negligence of any municipality, the attorneys at 1LAW are here to help. Please call for a free consultation.

Wrongful death
• - The loss of a loved one is one of the most difficult experiences that every member of the human species will have to face. What makes the grieving process much more difficult to wade through is if the death of a loved one is caused by another’s negligence. If your loved one has met his or her demise at the hands of another, whether purposefully or accidently, you may have a claim for wrongful death.Essentially, wrongful death occurs when someone dies through the negligence or purposeful actions of another. The causes of wrongful death vary a great deal, however, some of the most common causes of wrongful death include: medical malpractice, auto accidents, and a person purposefully killing another person.While every state allows wrongful death claims, the formulas for damages that one may recover do vary. Among the factors that courts consider when dealing with a wrongful death claim include: loss of companionship, earning capacity, financial dependence of surviving heirs, and medical and funeral expenses.If you are dealing with the death of a loved one due to the negligence or purposeful actions of another, please call 1LAW for a free consultation. Let us to the hard work while you wade through the grieving process.

Nursing home abuse
• - If one has cared for an elderly relative, he or she may have had to come to the painful decision that he or she could not provide the care that his or her relative requires. When that happens, that person must come to the painful conclusion that nursing home care is required. While one may hope and pray the a nursing home will give his or her relative the same level of care that he or she would provide, sadly, with increasing frequency, this is not the case. Nursing home abuse takes place in every community.On the news, we may hear about extreme examples of nursing home abuse, such as patients being forced to perform sexual acts, however, there are less extreme examples of nursing home abuse that take place daily. Nursing homes have an affirmative duty to maintain suitable facilities for patients, and this includes avoiding negligence in hiring, maintaining a staff that will fulfill the needs to patients, and avoiding staff conflicts with patients. In other words, a nursing home facility has a duty to ensure that their patients have ready access to the best care and are free from harm that can be inflicted by the staff.Nursing home abuse can take the form of physical abuse, emotional abuse, and verbal abuse. Common types of nursing home abuse that is known to take place include the following (this list is not exhaustive): neglect, physical abuse, emotional abuse, and theft (identity theft, misuse of checks/credit cards etc.). Common symptoms of abuse include the following: cuts and bruises, soiled clothing, broken bones, improperly administered medication, and dehydration.If you feel that your loved one is a victim of nursing home abuse, please call 1LAW for a free consultation.

Animal Attacks
• - Dogs are among the most beloved creatures in the United States. However, there are few more traumatic experiences than a dog attack. From pit bulls to poodles, dog attacks can cause significant damage, both emotionally and financially. It is the responsibility to the owner to care for and maintain the animal in such a manner at to prevent such attacks. The remedies available for damages caused by dog attacks vary by state. In that State of Utah for example, the rule is that there is no free bite. In essence, in the State of Utah, a dog owner cannot claim that he or she owned a completely friendly dog that had never bitten anyone; the owner will be liable for any damages caused by their dog regardless of the animal’s prior history. However, another thing that needs to be considered is that damages can be divided by fault. For example, if a child was teasing the dog, a court (or the parties to the case) can determine what percentage of fault the child is responsible for.This type of liability also applies to other types of pets. Any wild animal that has not been bred as a domestic pet can be dangerous. Snakes are a good example of a dangerous pet that is known to attack without provocation. Also, while highly unusual, people have also been known to keep other exotic animals, such as monkeys and tigers as pets (attacks that have caused damage and death by both of these animals have appeared in the news recently). These types of wild animals pose not only a significant danger to the owners themselves, but also to their neighbors. An attack by a wild animal can cause a significant amount of damage, both physically and psychologically, and can even result in death. If you have been injured by a wild animal in the care of another you may have a claim for damages against the person responsible.If you or a loved one has been the victim of an animal attack, please do not hesitate to contact the injury attorneys at 1LAW for a free consultation.

Medical Malpractice
• - When something goes wrong with our bodies, we put our trust in the doctor. We expect that the doctor will give a correct diagnosis and give treatment that will improve our condition. Likewise, a healthcare facility has an affirmative duty to make sure that its employees have the proper credentials/certifications to be able to work in the healthcare field as well as a duty to provide a functional environment in which to treat patients. However, doctors make mistakes and those mistakes can prove costly. Doctors and other health care professionals have a professional duty to avoid the neglect of his or her patients. While it is true that everybody makes mistakes, the mistakes of doctors and other health care professionals tend to have catastrophic consequences. Medical malpractice can range from removing the wrong limb to failure to properly monitor staff to failure to follow proper surgical procedure (such as leaving gauze in a surgical wound. The results can range from disfigurement to severe illness.Perhaps the most obvious example of medical neglect is when surgical instruments such as gauze or sponges, are left behind after a surgery. Medical professionals and medical care facilities have an affirmative duty to remove foreign objects from the body that are not necessary for treatment. Leaving a piece of gauze behind after surgery can have catastrophic consequences for the patient, which include severe illness and even death. We have also heard the horror stories on the news about doctors operating on the wrong artery or removing the wrong limb, and while we may not hear of these types of extreme examples often, it is important to remember that they do occur. And when they do, the injured party may be entitled to compensation from the doctor, other health care professionals, and the health care facility.Medical malpractice is a very complex and tricky field of law and an experienced attorney with the resources necessary to pursue you claim is absolutely essential. If you believe that you are the victim of medical malpractice, please contact an attorney at 1LAW for a free consultation.

Defense to Intentional Torts
• - Consent cannot be obtained through unscrupulous methods, such as fraud. Consent also has boundaries. For example, while football is a rough sport and players are consenting to accept and deal with injuries that may happen, that does not mean that they consent to another player bringing a knife into the field of play and cause damages above and beyond those that occur normally.

Self Defense
• - Self defense or defense of others can also be a defense. For example, one does not have sit allow another to attack him or her with a baseball bat. However, only force that is reasonably necessary may be used (one cannot shoot another person in retaliation for punching him or her in the face).

Defense of Property
• - Reasonable force may be used in defense of property. Deadly force may be justified in certain circumstances, such as when a homeowner is present in his or her abode during the commission of a burglary and there is fear for one’s life. However, defense of property does not allow one to set up traps on one’s property in order to cause harm to trespassers. Hence, there are limits on this defense as well.

Necessity
• - Certain circumstances can give rise to activity that might technically be considered tortuous. For example, going onto the property of another would technically be considered trespass, however, if the purpose is to cut down your neighbor’s trees in order to stop the spread of a wildfire, that purpose would be a defense to trespass. Actions necessary to save the life of another, such as pushing a child out of the way of a moving train, that may technically be battery, fall under the defense of necessity.o Be careful dealing with your Insurance Company- Many insurance companies are in the business for one reason: money. If you are injured in a car accident, insurance companies will apply their many methods to avoid either paying you a fair settlement or even anything at all. Rest assured, even though you have worked hard to pay your premiums, insurance companies will try as hard as they can to not pay you what you are entitled to.In order to ensure that you are dealt with fairly, having an experienced injury attorney on your side is essential. Call 1LAW and speak with one of our experienced injury attorneys in order to ensure that you get the settlement that you are entitled to.