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Personal Injury Cases

Types of Personal Injury Cases

Types of Personal Injury Cases

Automobile Accidents
Automobile accidents are a common type of case in personal injury law. The innocent party involved in the accident will be able to collect damages for the injuries. There are certain steps that drivers should take when involved in an accident to ensure that they will be able to collect damages. All of the names and information for drivers and witnesses should be collected, including insurance information. This will also include the information for the police officers that respond to the scene of the accident. The drivers should note all damages to the vehicle and injuries to their person. It is beneficial if pictures can be taken. Also, if one driver initially claims responsibility for the accident, this should be noted. The injured party should keep record of all medical expenses, because this can be reimbursed in the personal injury suit. The injured driver may also be compensated for damage to the vehicle, lost wages, future lost wages, and possibly for emotional pain and suffering. 

Medical Malpractice

Medical malpractice refers to an act of negligence by a medical practitioner that results in the death or injury of a patient. Under personal injury law, the injured party may sue and collect damages for medical malpractice. In order for plaintiffs to collect, they must prove that the professional had a legal duty to care for the patient. This duty must be breached by some incorrect action or inaction by the practitioner. 
There must be proximate cause, meaning that the patient’s injuries were due directly to the doctor’s actions. Also, the injuries must constitute actual damages. Many medical malpractice suits are settled, but some will continue to trial. If the plaintiff is able to prove that all conditions for medical malpractice exist, then he or she will be awarded damages. Damages will include reimbursement for medical expenses, lost wages, future lost wages, and/or pain and suffering. 

Mesothelioma/Asbestos Cases
Mesothelioma is a type of cancer that affects the lining of the body’s organs, usually the lungs. The main cause of mesothelioma is exposure to asbestos. This is often found in worker who were exposed to the substance on a job site, and breathed in the particles. Many personal injury law suits have been against companies who knew of the dangers of asbestos, but still continued to use the substance. As soon as a person is diagnosed with mesothelioma, he or she may sue to collect damages from the employer. 
However, many times these suits will result in a settlement. There is a statute of limitations on mesothelioma cases which is why a person should obtain a personal injury attorney immediately. In a case where the plaintiff has died before the conclusion of the trial, the family members of the victim may be able to obtain damages on that person’s behalf.
 
Products Liability

Products liability is a type of personal injury case where a plaintiff may sue a manufacturer for damages if he or she is injured by a product. A products liability cases will result from a defective product. A product may be defective because of a manufacturing defect, a design defect, or because of a failure to warn. A manufacturing or design defect will result from some kind of flaw in the design or making of the product in question. 
Failure to warn refers to negligence by the manufacturer, because the company failed to take precautionary measures and warn the consumers of the possible danger. A manufacturer will only be liable for damages if the consumer was using the product in the correct way. If the consumer was misusing the product in some unreasonable way, he or she may not be eligible to collect. Some products liability cases will be considered strict liability. This means that the manufacturer will be responsible for damages regardless of whether or not the manufacturer was negligent.  

Defective Medicines

Defective medicines is a type of personal injury case where a plaintiff can collect damages if that person consumed a medication that caused injury. Injuries resulting from a defective medicine will include resulting medical conditions or harmful side effects that were not cautioned by the manufacturer. These law suits are often class action suits because they will affect many plaintiffs at once. After taking a defective drug a plaintiff can collect for medical expenses, lost wages, future earnings, and/or pain and suffering. There is usually a statute of limitations in defective medicine cases, which is why it is important to act right away. The pharmaceutical company may also be liable for punitive damages to act as a punishment to defer future behavior. 
Workplace Injuries

When a plaintiff is injured at his or her place of employment, it will be classified as a workplace personal injury case. Injuries will include damages from an accident, such as a slip and fall, or an illness that is caused by the workplace environment. When filing a workplace injury law suit it is required that the injury is directly related to the working conditions, and it must take place on the property of the employer. 
This may be an accident that results from unsafe working conditions or exposure to harmful substances. Psychological conditions that result from extremely high stress working conditions may also be actionable under personal injury law. When collecting damages it must be shown by the plaintiff that the employer did not take the necessary precautions to try to protect the worker. Compensation will include lost wages, future earning, reimbursement for medical expenses, and/or pain and suffering.

Elements to Prove Medical Malpractice

Elements to Prove Medical Malpractice

Medical malpractice refers to an act of negligence by a medical professional, such as a doctor, nurse, or other medical practitioner. This act of negligence will result in the injury or death of a patient, and is actionable under personal injury law. Medical practitioners are held to a professional standard under personal injury law. 

This means that a health care provider in every situation must act as a reasonable professional would act in a similar circumstance. If this is violated, the injured patient will have a legitimate personal injury claim. In medical malpractice claims, the plaintiff will bring suit against the medical professional. However, in a case where the patient has died, a third party, such as a family member, will act on behalf of the patient in a wrongful death suit. In order to obtain damages in a medical malpractice suit, there are certain elements that must be proven by the plaintiff:

         Legal duty. There must be a legal duty that exists between the medical professional and the patient. As long as the patient is under the care of the professional, then this duty is assumed. 

         Violation or breach. The medical professional must have acted negligently or intentionally in order to breach this duty. This means that the doctor has fallen below the standard of care, which will often be determined by an expert medical witness.

         Proximate cause. The injuries sustained by the patient were a direct cause of the professional's breach of duty.

         Actual damages. The patient must have sustained some injury or damage to his or her well being in order to make a personal injury claim. This can include physical injury, or it may be related to disturbance of emotional well being. Excess stress or mental pain and suffering are also actionable under personal injury law.

A plaintiff should hire a personal injury attorney to build his or her case for medical malpractice. A process of discovery will take place before the actual trial begins. During discovery there will be a sharing of information between both sides of the law suit. 

This will include an interrogation of both clients, a list of witnesses that will be called, and any medical documentation that will be used as evidence. It is during the discovery period that possible settlements will be discussed. Every medical professional is required to have malpractice insurance. This will give the practitioner the option to settle. However, the plaintiff may decide that this is not enough money, and the case will proceed to trial.

During the medical malpractice trial, the plaintiff will be the party that has the burden of proof. The four factors listed above will need to be proven by the plaintiff in order to collect damages. During trial, both sides will present expert testimony that will determine whether or not the defendant had exercised a reasonable amount of professional care. 

In other words, it will be determined whether or not the doctor has breached his or her legal duty to the patient. Is the plaintiff is successful in proving damages, then he or she will receive compensatory and punitive relief. A plaintiff may receive monetary damages, such as reimbursement for medical expenses, loss of wages and future wages, and/or future medical expenses. 

A plaintiff may also receive compensation for pain and suffering, emotional distress, and/or compensation specific to the injury itself. For example, if the plaintiff is permanently injured, such as the loss of a limb, this will affect the person for the rest of his or her life. This will create ongoing emotional stress in which a person can be compensated for monetarily. If you need legal advice and assistance, contact injury lawyers.

What You Must Know About Mesothelioma Asbestos Cases

What You Must Know About Mesothelioma Asbestos Cases

Mesothelioma is a type of cancer of the lining of the body’s organs and is usually caused by a person’s exposure to asbestos. This type of cancer is usually formed on the outer lining of the lungs, and will cause shortness of breath and chest pain. It is actually a very rare diagnosis, and is usually found in people that have worked on job sites where they have inhaled asbestos particles. 
Asbestos has been known to cause mesothelioma for decades, however, many companies continued to use this material because of its manufacturing benefits. As a result, many employees have continued to be exposed to this harmful toxin, even though employers were well aware of the consequences. This is why many companies have been forced to pay millions of dollars in asbestos law suits. A person who has been exposed to asbestos should consult a personal injury lawyer immediately.
Many times, a person will be exposed to asbestos, and continue to live healthily for years. This is because mesothelioma is a cancer that can lay dormant for many years. Although most companies have finally disposed of asbestos in the workplace, they may still be facing lawsuits for exposure that occurred years ago. Once the person is diagnosed with mesothelioma, he or she will have the right to obtain damages with a personal injury suit. 
There are many attorneys who will specialize in mesthelioma suits, simply because so many people affected by this disease are able to sue. Most of the time, the attorney will negotiate a settlement in which the client will receive a specified amount of money. As long as the amount of money is sufficient to the plaintiff, this can be beneficial to both parties because they will not have to go though a trial. In this case, the settlement is usually negotiated fairly quickly, and parties will not have to wait for a trial date.
Some jurisdictions will place a statute of limitations on mesothelioma lawsuits, which is why a plaintiff should file immediately. Mesothelioma is a particularly deadly cancer, and a patient could possibly die before a settlement is negotiated. In this case, the victims family may be able to obtain damages on his or her behalf. 
It is also possible to file a personal injury suit if a person develops a respiratory condition as a result of exposure to a family member that worked with asbestos. Research has shown that exposure to asbestos particles can often travel from a workers clothing or skin to another member of the household. A person who has been indirectly exposed to asbestos may also be able to obtain compensation for medical expenses. 

Products Liability Explained

Products Liability Explained

Products liability is an area of personal injury law where a plaintiff who is injured by a product may sue the supplier of that product for damages. There are several types of products liability for which a manufacturer may be liable. Usually a personal injury claim regarding products liability will result from either a claim of negligence, manufacturing defect, design defect, or a failure to provide warning. It may also result in a combination of these issues. 

A manufacturing defect will usually occur when the product is being made. It will generally be a result of a negligent act or an omission of an act by the maker of the product. When a product is not manufactured correctly, it is possible that it can cause injury to the user. Further, if it can be proven that the error occurred during the manufacturing process, then the plaintiff will be eligible for damages under personal injury law.

A design defect is slightly different. In this case, an error was not made during the manufacturing process, but during the design process. A product's original design was inherently dangerous to the consumer, regardless of the way it was made. It can be said that the risks of the product's danger to consumers outweigh the benefits. A failure to warn refers to the negligence of the manufacturer to provide adequate precautionary measures. In this case, the danger of the product is not obvious to the consumer. This is why it is the duty of the manufacturer to provide some kind of warning to the consumer.

It is considered fair for a consumer to trust a manufacturer. This means that if a product is on the shelves ready to buy, it is fair for the consumer to reasonably believe that this product will not cause injury. This is why many product liability cases are treated as strict liability. Strict liability means that the manufacturer will be responsible for the consumer's injury as long as the product is defective. 

This means that even if the manufacturer was not negligently, the fact that a consumer was injured at all will usually be enough to collect damages in personal injury law. It must be proven by the plaintiff's personal injury or product liability lawyer that the plaintiff was not negligent him or herself. If a plaintiff was misusing the product in a dangerous way, then the manufacturer will not be liable.

A products liability case may also be formed under a breach of warranty claim. This means that the manufacturer provided the consumer with a written guarantee that the manufacturer then violated. This will usually form a strong products liability case because there is actual evidence that the manufacturer has broken the promise.

What You Should Know About Workplace Injuries

What You Should Know About Workplace Injuries

Many personal injury claims will be classified as workplace injuries if the plaintiff is injured at his or her place of employment. This will be harm that is caused to a person due to an accident or illness sustained at the workplace. When filing a personal injury claim like this, most states will require that the injury be directly related to activities that are in connection with the person’s job. This is to avoid claims that are not truly workplace injuries. 
A workplace injury will usually result from an unsafe work environment. Additionally, professionals that include working with dangerous machinery or heavy lifting will receive a greater amount of personal injury claims. When a person is working with hazardous chemicals, a personal injury claim may consist of damage to the person or a disease that is caused by the chemicals.
 
Personal injury law allows for immediate workplace injuries that occur from an accident, such as a slip and fall, as well as medical conditions that develop over time. The latter is usually a result of poor working conditions. Psychological conditions that develop from high stress working conditions may also be actionable under personal injury law. However, in this case, it must be shown that the it is actually the work conditions that have caused this medical condition, and not any other mitigating factors. 
In this type of personal injury law suit, it may be shown by the plaintiff that the employer did not use all the necessary resources to help the employee avoid this type of condition. It is beneficial for the plaintiff to consult an attorney immediately after the injury has taken place. This is because personal injury law usually has a statute of limitations for workplace injuries. 
A personal injury law suit that is based on a workplace injury will result in certain types of compensation. If a plaintiff is able to prove that his or her injury is a direct result of the working conditions, the employer will be responsible to pay the damages. Before the trial process, the personal injury attorney may be able to work out a settlement that will avoid trial. Damages will include: reimbursement for medical expenses, lost wages, future lost wages, and compensation for pain and suffering.

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