If you’ve read the UserRA litigation manual that came with your Blackberry, you probably know that it is not a cakewalk. You can find yourself scratching your head and thinking, “What is this, some high school student’s science project?” Well, actually, this is not high school student’s science project, but a serious attempt to take on the UserRA membership and make some money as a plaintiff. This article will help you do just that.
- 1 First of all, if you are trying to file a personal injury lawsuit, you have to prove two things.
- 1.1 First, that the user was indeed negligent.
First of all, if you are trying to file a personal injury lawsuit, you have to prove two things.
The first is that you were a victim in the occurrence. Second, that you suffered injuries as a result of the user’s behavior. In other words, your lawsuit must establish two things beyond a reasonable doubt. Lets break these two points down one by one.
Accidents happen. In fact, I have heard over again from users that they wish that they had never been so cautious about using their phones. However, accidents happen, and userra is there to prevent them. In order for your personal injury case to survive, your attorney has to establish both of these facts.
First, that the user was indeed negligent.
You can easily establish this through several ways. Userra tracks and logs each and every log sent or received. This information is available to members. Should the owner of the phone admittingly admit that he was not monitoring his users, your lawsuit should fail.
Secondly, that the harm resulted from the defendant’s conduct is beyond a reasonable doubt. This is hard to do, but in order to prevail in your personal injury lawsuit, you have to prove that there is a substantial likelihood that a favorable outcome could have been obtained. This requires evidence beyond a reasonable doubt that a normal consumer would disregard. You’ll need to provide copies of e-mails and telephone transcripts in order to do this.
Thirdly, that any damages awarded were based on actual costs incurred by members.
In most states this involves calculating the actual costs to use the cell phone (i.e. call charges, etc.) and comparing that to the cost that would be incurred by not allowing members to use the phone (such as the cost of making a missed call).
Fourth, that a reasonable person could assume the conduct complained of actually happened. A reasonable person has to act in a reasonably foreseeable way. To do this, your attorney needs to review the records provided by the defendant to determine whether or not members actually engaged in behavior that rises to the level of negligence. If so, your lawsuit is likely to succeed.
Fifth, that your injury attorney is an expert in personal injury law.
There are various areas of law out there that a skilled attorney can be an asset to you. Your attorney will need to investigate the details of your case thoroughly. Once that is complete, your attorney will need to build your case. A good attorney will know how to put together all of the evidence necessary to prove not only that you are injured but that the company is liable for the injury you have suffered. This type of evidence can help you get the settlement you deserve.
Sixth, that your case is likely to be resolved fairly quickly. You don’t want to waste any time. You should not have to wait months before a judge decides your case. By going ahead with your lawsuit, you won’t have to worry about such delays.
Seventh, that your attorney will be able to obtain the highest possible settlement possible.
The fees associated with filing a lawsuit are very high. For this reason, it makes sense to hire a highly experienced personal injury attorney to handle your case.
Finally, that you will get the best possible legal advice. Userra is committed to getting their clients the fairest treatment possible. That is why they have highly qualified attorneys on board who are dedicated to ensuring that their clients receive the justice that they deserve. This service is available to anyone who feels the need to seek advice on a personal injury claim.