A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.  The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one’s previous conduct).

Generally, negligence occurs when an individual fails to act as an ordinary and reasonable individual would under the same circumstances.

What is Negligency Legally?

There are four elements that need to be established in order to prove negligence.  Those elements are:

1. Duty;
2. Breach of Duty;
3. Causation; and
4. Damages.

Duty is an obligation of an individual to exercise care towards others or act in a certain way.  Typically, this is the easiest element of negligence to prove.  Breach of Duty is displayed by providing facts to show that an individual failed to behave with reasonable case or actions that ordinary prudence requires.  Causation requires you to show that the injuries or damages you suffered are a consequence of another’s negligence.  Often, experts are hired to help establish causation.   Finally, you will have to show concrete evidence of the harms you have suffered.  Your lawyer will help you establish a monetary amount of your damages and may utilize your medical records, medical bills, and employment records to help substantiate this portion of our claim.

What are some examples of negligence?

• A driver of a vehicle, it could be someone who fails to stop at a red light;
• A dog owner whose dog bites someone walking in front of their home;
• A medical professional who misreads a study or laboratory results;
• A pharmacist who incorrectly fills a wrong prescription;
• A store owner who fails to put up a caution wet floor sign when a spill has occurred; or
• A building owner who does not make necessary repairs to unsteady stairs or flooring.

If you have been injured as a result of someone’s negligence, call our office to discuss your options.  We will take the time to listen to the facts of your claim and provide you an open and honest assessment.

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Coronaviruses are a family of viruses that cause illness in animals or humans. In humans, a few coronaviruses are likely to cause respiratory infections ranging from the common cold to much more severe diseases such as MERS (Middle East Respiratory Syndrom) and SARS (Severe Acute Respiratory Syndrome).

How is COVID-19 transmitted?

At the beginning of the COVID-19 outbreak, it was initially associated with a seafood market that sold live animals in Wuhan, China; most patients had worked or visited this market, which was subsequently closed for disinfection. However, as the outbreak progressed, person-to-person became the main way of transmission. The most common way it is spread is through respiratory droplets, which are microscopic liquid droplets that shoot out from coughing or sneezing. COVID-19 can also be spread by touching a surface that an infected person has coughed or sneezed on. It appears it is possible to infect other people even if the already infected patient has not established symptoms. This becomes an issue when we see that the mortality rate of this disease is a threat to the elderly population so far. How do you keep your elders safe during this outbreak when attending a nursing home?

Strategies Nursing Homes Should be Using:

• Screen visitors for international travel within the last 14 days; signs of respiratory infection, such as a fever, cough, and sore throat.
• Screen nursing home staff using the same questions as above, and do not allow them to work if they are positive to the screening questions.
• For suspected COVID-19 infections, notify the local health department.
• Increase the availability of medical safety supplies such as hand-sanitizer, face masks, and tissues.
• hand-washing rules;
• preventing sick staff from infecting residents;
• preventing sick residents from infecting other residents through isolation;
• preventing visitors from infecting residents.

As you have no doubt heard, the elderly are the most likely to have a fatal experience if they are to get infected by COVID-19. When we put our loved ones in an assisted living facility, we trust others to help take care of the people we hold dear to our hearts. We hope that this information was useful and can help provide some light in this unprecedented and confusing time.

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Being involved in a hit-and-run in Salt Lake City can be quite unsettling. What do you do? Who do you talk to? Do you need a lawyer? These may be questions you may have for yourself, and most people don’t know what to do during this confusing and upsetting time. There are many different hit and run cases that can arise. Perhaps you parked your car overnight only to find in the morning that it has been smashed with no one else around. In other cases, you could be driving, and someone hits into you and speeds. The good news is that we know, and we are here to help. Below are a few tips that can help you understand what to do if you are involved in a hit-and-run car accident.

Call the Authorities

Regardless of the situation, it is vital to get the police involved, especially if you are the victim of a hit and run situation. Hopefully, this is a crucial step to capture the responsible party and establish evidence that could help a property or personal injury claim. Even if you think that an accident may have been your fault, it is important to call the police as the evidence they gather can help to establish where you stand in the eyes of the law. Above all, having police can help reduce the risk to your safety and those around you. A car accident is an unsettling thing to go through, and you never know how the other party involved in a vehicle collision might act. Although you can always call 911, here is a list of police department phone numbers to keep handy.

Seek Medical Attention

Even if you don’t feel like it is an emergency, you should still get a medical evaluation. If you have any injuries, make sure to share them with your medical provider. If you fail to do so, you could potentially hinder your injury claim. Remember, personal property and other items can be replaced, a person’s life and well-being cannot. Even a minor fender bender can lead to undiagnosed whiplash that can have serious impacts on your health if no property is diagnosed and treated.

Speak with a Personal Injury Lawyer

In almost every car accident situation, insurance companies are going to be involved. It is in your best interest to work with someone who can represent your best interests when dealing with insurance companies. This is true even if you are communicating with your auto insurance and have always had a good history working with them. Remember that you may have your deductible waived by your insurance company to help with vehicle repair and medical bills, even if you cannot identify the opposing driver. If you have been a victim of a hit-and-run accident that has damaged your property or has left you injured, consider calling The Law Office of Roberto Hernandez today.

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