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Hurt at Work? personal injury
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March 2016

At Tindall Law Firm, LLC we enjoy sharing valuable tips regarding the law; offering articles on hot issues in the law; commenting on topics of interest; and helping you navigate the tricky world of the law, which is ever changing.  

At any time if you have any questions on any of the materials you find in our newsletter or any other legal issues, please do not hesitate to contact me. If there is any legal issue of interest that you would like to see addressed in our newsletter, please let us know.
All the best, 
Attorney Tavis Tindall

Tips from Tindall
The Definition of Negligence and How to Prove Fault
The negligence theory is the basis for most claims arising from injuries and accidents. These can range from slip-and-fall cases to car wrecks to any other type of lawsuit in which a plaintiff attempts to get restitution for damages and injuries due to negligence on the part of the defendant
What Is Negligence?
If anyone behaves in a careless manner that causes another person to become injured, that careless person can be held legally liable  for the harm done  under the negligence principle. The determination as to whether or not this principle  can be rightfully used is usually determined in a process of informal settlement discussions that take place before and even during the trial of a personal injury lawsuit.

Motorcycle Accidents

When a person is injured while a passenger in a motorcyle, he or she may be entitled to monetary compensation for the damages that he or she sustained. 

The ability to recover and the amount of recovery is based on a number of factors.

Liability   - If the plaintiff makes a claim against the driver of the motorcycle or seeks to recover against the other party who was also at fault for the collision, he or she must be able to show that these parties are at fault for the accident.

Damages   - The passenger will be entitled to the damages that are the direct result of the accident, due to the fault of either their driver or the combined fault of their driver and the other driver involved causing this collision.

Process of Filing a Claim   - Passenger injury claims work similarly to claims filed by the non-negligent driver. The passenger will want to get insurance information from each driver. He or she may file a claim against both insurance companies, if both parties bear fault for the accident. Whether the passenger files a single claim or multiple claims depends on the circumstances of each accident. 

Settlement and Trial Issues   - The next part of the process is to attempt to settle the claim. If two vehicles were involved in the accident, neither party may want to settle because each party claims the other was negligent. Under these circumstances a lawsuit would be filed, and if no resolution could happen through negotiations then a trial would occur before a jury.

Comparative Fault   - In some instances, insurance companies may try to mitigate their potential liability by showing that the victim's own negligence contributed to the accident. In a typical situation in which drivers are the only parties involved, this may be accomplished by showing that the victim was disobeying traffic laws, speeding or completing distracting activities. These comparative fault defenses would not apply to a passenger who usually shares no fault or blame for the accident.
Tindall Law Firm, LLC is very experienced in handling motorcycle accidents and all types of accidents let our strong team help you through this difficult process. 

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At Tindall Law Firm we work hard for clients every day. We all want to see clients receive the justice and compensation 
they deserve. 

At Tindall Law Firm we work hard for clients every day. We all want to see clients receive the justice and compensation they deserve. 
As a family-based business, our staff is close, and we extend that friendly, caring attitude to our clients. We treat our clients as if they are our own family and truly care about them as more than just a number.
It is this quality along with superior service and competent representation that has allowed us to become the "lawyer for life" for all of our clients and their families and friends to whom they refer us. 

Tavis Tindall
Tindall Law Firm