Do I Have A Case?
Do you have a solid case for a Federal Employers’ Liability Act (FELA) claim?
Whether you have a legal claim for compensation depends upon many facts and circumstances that are determined by the law that governs the particular forms of conduct involved in your case. Examples of conduct that are governed by law include driving motor vehicles, employing others to perform work, providing medical care and treatment and manufacturing products. In each instance, the law requires individuals and corporations to be accountable for their conduct.
Accountability is one of the basic principles upon which the American civil justice system is founded. Under American law, both individuals and corporations are held accountable for their conduct. When the conduct of an individual or corporation injures another person, and the injured person can prove to a jury that the injury was caused by the negligent conduct of an individual or corporation, then the law holds the negligent person or corporation to be liable, or responsible, for the injuries and damages caused by that negligent conduct.
Under the American civil justice system, accountability is determined by a jury following a trial in a court of law. The jury listens to the evidence presented by the injured party – the plaintiff – and the individual or corporation whose conduct is claimed to be negligent – the defendant – and the jury determines who is responsible for the injury or death in that case.
The outcome in any personal injury or wrongful death lawsuit depends upon how the jury decides the facts under the definitions of negligence and reasonable care.
Negligence is usually defined in jury trials as an action that a reasonably prudent person would take or the failure to do something that a reasonably prudent person would do, when prompted by considerations that ordinarily regulate the conduct of human affairs. It is, in other words, the failure to use ordinary care under the circumstances in the management of one’s person or property.
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Ordinary care, in turn, is care that reasonably prudent people exercise in the management of their own affairs to avoid injury to themselves or their property, or the persons or property of others.
In every American trial involving personal injury or wrongful death, the jury decides whether the defendant was negligent and if so, the amount of damages the defendant must pay to the plaintiff to fully and fairly compensate for the injuries and damages caused by the negligent conduct. In this way, the American civil justice system strives to hold individuals and corporations accountable for their conduct.
The hallmark of our American Constitution is that all individuals and corporations are equal under the law. The U.S. Constitution demands nothing less and nothing more; that individuals and corporations be held accountable for their wrongful conduct.
Whether you have a case that is compensable depends upon the facts and circumstances of your situation in light of the type of law that applies to your situation. If you or a family member has been injured or if you have a family member who has died as the result of the negligence of another person or corporation, you should consult with an experienced personal injury attorney without delay. Knowing your rights is the key to protecting your rights.
Bremseth Law Firm has successfully represented many individuals who have been injured or lost a family member as the result of others’ negligence.