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Personal Injury Claims

Which Law Governs Personal Injury Claims

Which Law Governs Personal Injury Claims

Personal injury law refers to the branch of the legal system that deal with harm caused to individuals that can be attributed to the actions or negligence of another. When a defendant is held liable for injuries to another, he or she will be responsible for providing compensation to the plaintiff. 
A personal injury claim occurs when the plaintiff demands some kind of damages. This will be calculated in a number of ways depending on the specific circumstances of the case, but it will generally include: reimbursement for medical expenses, lost wages and future wages, and/or pan and suffer. Laws that govern how and when a personal injury claim will be made vary from state to state. 
Legislation regarding a personal injury claim will be based on an award of damages to the plaintiff, as long as it can be proven that the defendant is actually responsible for the injury. This injury may result from the intentional actions of a defendant, often referred to as an intentional tort, or from negligence. An intentional tort is when a defendant purposely commits an act that is reasonably assumed to bring about injurious consequences. These are acts such as assault and battery, trespassing, and intentional infliction of emotional distress. 
A negligent act will occur when a defendant fails to operate with reasonable care, and therefore, injures the plaintiff. A personal injury claim can arise from either type of situation. Also, certain statutes may permit an injured party’s family members to receive compensation for the injury sustained by the plaintiff. This type of personal injury claim will usually occur when a plaintiff brings suit against a defendant, and then dies due to the injuries sustained. In this case, the personal injury claim will generally fall into the hand of the plaintiff’s family who will then be able to sue for wrongful death. 
A very common type of personal injury claim is damages that result from a slip and fall. These claims are normally based on a claim of negligence by the property owner where the accident occurred. A property owner could possibly avoid liability for slip and fall claims by saying that he or she acted with due diligence. This will be based on the reasonable person standard. 
For example, the property owner could claim that the accident was entirely unforeseeable, and even if he or she had acted with the most care possible, the accident still would have occurred. Another types of defense to this common personal injury claim is that the defendant can place the blame on the plaintiff. This will be done by proving that the plaintiff’s actions added to the likelihood that the accident would occur. Personal injury laws call for a variety of defenses that can be used by a defendant in a personal injury lawsuit. 

Have You Experienced Asbestos Exposure?

Have You Experienced Asbestos Exposure?

 
When a person is subjected to asbestos exposure, there are certain avenues that one should take. First and foremost, asbestos exposure is known to cause serious health complications, particularly lung cancer and mesothelioma. Because of the possible dangers related to asbestos, one should consult a physician or medical doctor to ensure that the asbestos has not led to harmful diseases. In the case that asbestos exposure occurs at the work place, there may also be grounds for legal action. 
 
 
The United States has regulations in place regarding the presence of asbestos in buildings and similar structures. Therefore, if asbestos exposure occurs in the workplace, a person may decide to consult an asbestos lawyer in order to analyze and evaluate the situation to determine whether a lawsuit can be filed against the injury-causing party. Most public buildings have been closed if they have been known to have asbestos. However, there are situations in which those occupying buildings with asbestos are either unaware or willfully choose not to disclose the possibility for asbestos exposure. In such a case, legal action can be a plausible option. 
 
 

Difference Between Personal Injury and Injury Cases

Difference Between Personal Injury and Injury Cases

In modern applications, there is no distinguishing factors that separate personal injury cases from injury cases. Typically, both terms are used interchangeably by legal professionals to refer to legal disputes regarding the personal injury of one party. 
Personal injury cases can vary greatly, though they will usually involve an individual filing suit against another individual or party claiming that such party is directly at fault for causing the injury. In many cases, personal injury cases occur as the result of liability, where a work place may be responsible for the overall health of an employee whom gets injured while on the job. 
Today, personal injury cases are often times directed toward insurance companies, where an injured party will seek compensation from the insurance companies providing the policy to the injuring party. Personal injury can prove to be complex area of the law and is best to seek the legal advice of an attorney or lawyer experienced in the field to find the best or most appropriate course of action. 

Personal Injury Lawsuit

Personal Injury Lawsuit

When you’ve suffered an injury or accident at the hands of another party, you have have grounds to file a personal injury lawsuit. Before the actual suit begins, you must gather all pertinent documents and all evidence concerning the matter. After all the evidence is gathered, contact a personal injury lawyer to initiate the case. 
The majority of personal injury lawyers will seek settlement outside of the courtroom; the costs and time associated with legal fees and court costs often times exceed the desired settlement. As a result, in most situations the personal injury case will never see a courtroom, however, if the case goes to trial you are signifying your desire to push for a larger settlement.
A personal injury lawsuit is a civil case which does not involve a jury or an elaborate legal team. The case is overheard by a judge, and the inclusion of a lawyer, although recommended, is not mandatory. Both sides will make their case, offering evidence and witness testimonials to the judge. Upon reviewing the facts and arguments from both sides, the judge will deliver a  ruling which will either dismiss the charge or require the defendant to deliver compensation for the injury.
 

Getting a Personal Injury From Dangerous Activities

Getting a Personal Injury From Dangerous Activities

 

A personal injury accident that results from an abnormally dangerous activity will be treated differently than one that results from pure accident. The defendant who is at fault for the plaintiff's injury is generally responsible because of one of two types of action: an intentional tort or negligence. An intentional tort occurs when a defendant's actions are done purposely and with the intent to injure. Negligence, on the other hand, usually results from a lack of reasonable care. 

In these cases, if it can be proven that the defendant's action caused injury to the plaintiff, then he or she will be liable for the personal injury accident. Damages will include reimbursement for medical bills, lost wages, pain and suffering, etc. However, there are certain conditions in which a party's actions are subject to strict liability. Strict liability is often referred to as liability without fault. In this case a plaintiff in a personal injury accident suit will not be required to prove any intent or failure of care on the part of the defendant. Contact a personal injury lawyer to consult your case.

Certain situations will prove to be so inherently dangerous that, regardless of the amount of care taken, it will be expected that injury is a very probable consequence. For example, the use of explosives or setting off fireworks, is considered to be a dangerous task , and therefore, the party involved will be responsible for injury. This can work against either the plaintiff or the defendant. 

If the plaintiff who sustains a personal injury accident may be barred from recovery by placing him or herself in the dangerous situation. For example, if a neighbor is setting off fireworks, and the plaintiff  is clearly standing too close to the fireworks, he or she will probably not receive compensation in a personal injury accident case. Similarly, if the defendant is setting off fireworks and one of these fireworks accidentally lands in the neighbor's property, injuring a plaintiff, the defendant will be held responsible regardless of the amount of care he or she attempted to exercise.

Dangerous activities in a personal injury accident will also involve housing wild animals or toxic material. These are both activities considered to be so dangerous, that it will result in strict liability in the event of a personal injury accident law suit. Again, this will be the case regardless of the amount of care exercised by the defendant. There are specific classes of animals that are considered to be incapable of being domesticated and tamed. If the defendant is housing one of these animals, and it injures a plaintiff, the plaintiff is eligible for compensation. 

Personal Injury Claims

Personal Injury Claims

 

How to determine amount of damages accumulated?

Which law governs personal injury claims

Does the amount of negligence vary based on the individual negligent?

Waiver of liability

​Contact an injury lawyer to consult your case.

Incurring a personal injury through dangerous activities

When is defamation considered a personal injury?

Defamation of character occurs when a person's words or statements negatively effect the reputation of another person. Slander refers to defamation of character is spoken form. In order to form a personal injury law suit based on defamation, the plaintiff may be required to prove the falseness of the statement. It is very difficult to prove defamation of character, because under the free speech amendment of the US Constitution, people are granted the right to speak freely. Defendants may claim that they were simply stating their opinion, or that the statement was actually true and of benefit to the general public.

 

Issue with Waiver of Liability

Issue with Waiver of Liability

A waiver of liability is an issue in personal injury law. A waiver of liability is a document that attempts to relieve a party of responsibility for another person’s injury. In theory, a waiver of liability will bar the injured party from collecting damages for medical expenses, pain and suffering, etc.
For example, an amusement park may require visitors to sign a waiver of liability that expresses that the park will not be responsible for any injuries. Personal injury law will deem certain activities to be so inherently dangerous that a waiver of liability is assumed. Sports, such as skydiving and bungee jumping are such activities. In this case, participants are considered to voluntarily waive their right to collect damages in the event of an injury. However, there are some exceptions to this practice.
Even in the event that a plaintiff has signed a waiver of liability, a defendant may still be liable for injuries caused to the plaintiff. This can be the case even in regards to inherently dangerous sports. However, for this to occur there must be specific circumstances present. 
If the owner of the property where the plaintiff has been injured has engaged in some type of negligence, he or she may be liable. For example, if the owner has not properly maintained the property or the apparatus on which the defendant was injured this can negate the use of a waiver of liability. Personal injury law does not allow for a negligent owner to completely free from liability simply because of the use of a waiver of liability.
A typical waiver of liability that will be used to negate a personal injury law claim may state several terms and conditions that the signer must abide by. It may contain language that includes the possible risks of engaging in a particular behavior. By signing the waiver of liability, the signer is in essence saying that he or she understands the risks and assumes liability for any possible injury. 
However, as previously stated, a waiver of liability will not always excuse a defendant under personal injury law. Waivers are commonly used by institutions, such as schools, who own a large amount of property. A university, for example, will have a difficult time ensuring that a student will not be injured when school officials have a very large student body to look over. This is why singing a waiver of liability is generally required by students. However, it is only under certain conditions that this waiver will be absolutely honored in personal injury law.

Does the Amount of Negligence Vary Based on the Individual negligent

Does the Amount of Negligence Vary Based on the Individual negligent

Negligence is a legal term that is commonly used in personal injury claims. Personal injury claims will usually result from one of two courses of action by the defendant: intentional torts or negligence. An intentional tort is an act, such as assault and battery, that is purposely done, and very likely to bring about injurious consequences. 

Negligence is usually thought of as a lack of care; however, it can still be committed even if the party exercises the level of care that he or she believes is necessary. Regardless, it is an act that results in injury to a plaintiff because of the defendant's failure to prevent this injury. Personal injury claims based on negligence will vary as a result of the facts of the individual circumstances of the case. This means that the level of negligence will often be based on the competence of the defendant.

Both defendants and plaintiffs involved in personal injury claims will be held to the reasonable person standard. In a negligence case this will often be shifted to the defendant. The reasonable person standard means that a defendant's actions will be based on how reasonable people in a similar situation would conduct themselves. This is an objective test which is why it has been based on the rulings of prior negligence court cases. 

For cases where a person will have physical or mental limitations, the reasonable person standard will be shifted. In this case, the reasonable person will become a reasonable person with the same mental or physical circumstances as the defendant. However, this does not excuse a person's actions in a negligence case who is abnormally rash or unreasonable. It will still hold the defendant to a somewhat strict standard of conduct. Personal injury claims of negligence will usually not include liability of children. 

Unless a child is engaging in an activity that is normally exclusive to adults, then the child will be held to a different standard of conduct. Usually a child under six years old will not be held liable for his or her actions. If a child's actions have injured a plaintiff, and this plaintiff brings about a personal injury claim, it is possible for the parents to be held liable. This is because a reasonable person is expected to have at least some level of control over his or her children.

The amount of negligence will also depend of the mental capacity of the defendant. This will only be the case, however, if the defendant's mental capacity is severely impacted by a mental illness. The extend to which people lack intelligence; will generally not give them a reason to escape liability. In negligence cases, the standard of care is considerably elevated for those considered to be professionals. 

This means that, instead of holding someone to the way a reasonable person would act in a situations, professionals are held to the way a professional person would act. Professionals involved in negligence personal injury claims are often doctors and attorneys. A personal injury judge will examine all aspects of a defendant before deciding what level of negligence he or she is responsible for.

Handling Personal Injury Cases From Natural Disasters

Handling Personal Injury Cases From Natural Disasters

 

A natural disaster is defined as an event in nature that significantly affects humans and the environment. These are events such as: floods, earthquakes, wildfire, avalanches, tornadoes, volcanoes, etc. Many times this type of disaster is referred to as an "act of God". Due to the intense nature of these occurrences, they will often cause severe damage to the landscape, structure, and humans. 

When a person has sustained injuries from a natural disaster, this person will generally be able to receive compensation under personal injury law regulations. There are certain attorneys that will specialize in a branch of personal injury law that will handle claims that result from natural disasters. It is beneficial for the injured parties to hire an attorney with this specialization, because many times, general practice attorneys will not handle this sort of claim. These personal injury attorneys may also handle claims of damage to a house or property. 

A personal injury attorney will also help injured clients file insurance claims for damages from natural disasters. Many times people will be able to ascertain from their homeowners’ policy whether or not their plan covers for natural disasters. Many times an insurance policy will be difficult to understand, which is why many people will consult the expertise of a personal injury or insurance attorney. Once the natural disaster occurs, whether the damage is done to the person or the property, the insurance company should be promptly notified.   

A personal injury attorney will examine the facts of a case to determine if a natural disaster can actually be attributed to the acts of a responsible person. For example, a wildfire may occur because a guilty part did not properly dispose of a cigarette or extinguish a bonfire. In this case, the plaintiff may be able to appoint a specific person to become the defendant in a natural disaster personal injury case. Contact a personal injury lawyer to consult your case.

Also, there may be a party responsible if there was not an appropriate warning sign. If there is toxic material, for example, this must be specified by a particular notice or visible sign that warns the public. If there was no appropriate notice, the plaintiff may have a personal injury negligence case against the defendant. 

Many times personal injury attorneys will handle natural disaster cases that are class action suits, meaning that there are a number of plaintiffs that were injured by a defendant or group of defendants. Class actions against mining companies are common law suit, because workers are subjected to dangerous conditions. In the event a natural disaster, such as a flash flood, these individuals are very likely to sustain injury. Attorneys handling these types of cases should be well versed in person injury law, tort law, insurance coverage, and natural disasters.

How to Determine the Amount of Damages Accumulated

How to Determine the Amount of Damages Accumulated

When a plaintiff’s injuries are a result of the defendant’s action or inaction, the plaintiff will be entitled to personal injury compensation. This compensation usually comes in the form of damages, which is a monetary reward. This money may cover the plaintiff’s medical bills, wages that were lost during the time of the injury, and possibly mental pain and suffering.
Personal injury compensation is calculated based on the specific circumstances of the case, but there are some general guidelines that will help a person determine the amount of damages that will be rewarded. Most personal injury cases do not require a trial date. Usually, a settlement will be worked out where each party’s attorney and insurance agents will calculate damages without the aid of a judge. As long as all parties accept the settlement, there is no need to go to trial.
The main factor in determining personal injury compensation is medical expenses. The plaintiff will be required to submit medical bills. The amount of medical expenses that the defendant is responsible for paying will be only those that are directly related to the accident. This will also include the expectation of future medical bills. If the injured party is employed, personal injury compensation will generally cover the amount of money that is lost during the time the plaintiff is unable to work. For example, if a plaintiff is injured due to the fault of the defendant, this may cause them the inability to go to work.
The actual length of time of the injury, including any rehabilitation will be factored into personal injury compensation. If the plaintiff returns to work, but is unable to perform his or her job to the same ability as previous to the accident, personal injury compensation may account for this. The defendant could be liable for future wage loss that plaintiffs will injury due to their resulting sub par job performance. 
When then are permanent damages caused to a plaintiff, this person can expect to receive more in the amount of compensation. Personal injury attorneys will factor in activities that a plaintiff will no longer be able to engage in due to the injuries sustained. For all of these claimed injuries, there should be considerable proof. This will often be based on the credibility of witnesses and the plaintiff himself.
Non-monetary damages are considerably more difficult to calculate than monetary personal injury compensation. Pain and suffering refers to damages that may be awarded based on the amount of mental anguish that a plaintiff must suffer due to his or her injuries. This will also include the mental strain caused by having to avoid certain activities that a person used to enjoy before the accident.