The tort law, which covers personal injury, can be so vast for an ordinary individual to completely understand and interpret. It may confuse you why there are so many cases that fall under personal injury. And why is it even called such?
First, you must know that personal injury involves any damage done by another to a person, his private property, rights and/or reputation. This is not merely physical injuries but also includes all emotional, psychological and financial damages incurred by a victim, or the surviving loved ones of a victim.
Since the definition itself of personal injury covers a wide range of injuries, it entails the fact that a person, corporation, organization and any other entity may have liability in case they intentionally or unintentionally caused such injuries.
Intentional torts are acts deliberately inflicted by a party to another. An act is intentional when the person:
• Intended the physical consequences of his/her act; or
• Knew or should have known that those consequences were substantially certain to occur as a result of his/her action.Common intentional torts include assault, battery, false imprisonment, slander or libel, trespassing, infliction of emotional distress, nuisance and invasion of privacy.On the other hand, unintentional torts are civil wrongdoings caused by negligence, inaction or failure of the liable party to act reasonably according to his/her duty of care required by common law. An unintentional tort or negligence is defined as:
• The lapse to do something which a reasonable person would do; or
• Performing an act that a reasonable person would not doTo be successful on a negligence lawsuit, a plaintiff must be able to prove or establish the following elements:
• The defendant owed a duty of care to the plaintiff;
• The defendant breached that duty of care;
• The breach of that duty of care was the proximate and actual cause of the injuries;
• The plaintiff suffered injuries from the defendant’s negligent act.
The duty of care that is always present and questioned in a tort claim, is our legal responsibility not to cause any unreasonable harm or risk of harm to other people. The court applies a “reasonable person’s standard” in determining whether the defendant has breached his/her duty or not.There is a different degree of duty imposed on specific individuals. Some are held to a higher extent of duty when they have a particular expertise or competence that requires extra caution and prudence. Their liability is evaluated against a reasonable professional standard. Medical practitioners have a higher duty of care than others, same with drivers of large and heavy vehicles.
A personal injury tort may also take the form of strict liability. This is a liability without fault and based neither on intent nor negligence. Tort liability is set upon the defendant without need to prove intent, negligence or fault; as long as the plaintiff can prove that it was the defendant’s object that caused the damage.Personal injury victims are protected by common law from these torts. The tort law is designed primarily to award just compensation for the victims and aims to defend their legal rights.
The law also affords victims the right to get legal representation for their claims. Personal injury attorneys have an important role in litigating a case. Going to court before a judge or jury without legal counsel is proven to be unwise.Personal injury attorneys help victims throughout the legal process. Their services can help you understand the twist and turns of tort law.
Friday, June 12, 2009
In the Absence of an Inglewood Personal Injury Lawyer
There are a number of places named Inglewood. To be exact, there are ten places recognized by the name Inglewood located around the globe. However, one stands out among the crop. California’s own city of Inglewood situated on the suburbs of Los Angeles.Inglewood City is a friendly place. Crime rates here are not alarming and it is in fact, as of the latest survey conducted by the FBI Crime reports, Inglewood’s overall crime rate is better than that of the national average.
However, unfortunate incidents still do occur in this haven. Besides the crime that usually happens in any community, civil law offenses are also common within this city.
Personal injury cases are continuously filed on the courts’ desks and heard by the judges or juries. Inglewood residents have no need to panic though. There are a great number of personal injury lawyers in California who offer their services throughout the state.
Residents can be afforded legal remedy for their personal injury claims and they are accorded the right to get legal representation from lawyers. Victims who do not exercise this right may end up with more trouble.
How can a lack of legal representation put your claims at risk?
• Lack of experience and familiarity with the legal proceedings may cause you undue delay
• Small procedural errors may occur from lack of legal supervision who will oversee the entire legal process
• Resolution may take more time since you do not have a legal counsel who would see to it that your case goes smoothly and accurately
• Lack of knowledge with the proper behavior and practices in court may lead to penalties or restrictions
• Lack of knowledge with the legal processes may cause the plaintiff to forfeit or sacrifice his/her legal rights
• The other party may take advantage of your lack of representation especially when you commit legal and tactical errors
• You may have your lawsuit dismissed when you fail to comply with the court requirements
• You may be seen askance by the judge or jury since they usually prefer to deal with trial attorneys who has more experience and familiarity with the litigation procedures
When pursuing a personal injury claim, it is best to have a legal professional handle your case than handling it alone. Going to court on your own representation may have unfavorable circumstances that will negatively affect your status on the case.You may understand by now that it is completely your choice whether to have someone represent you or not. You should know however, that it is statistically proven that litigants who go to court on “pro se representation” have a lesser chance of winning his/her claims.
Personal injury involves a very complex law. You may not be able to get through its twist and turns. Its complexity makes it harder for personal injury victims to pursue their claims. Hence, they will need the expertise of Inglewood personal injury lawyers. People can avoid putting their claims at risk by getting a lawyer.
However, unfortunate incidents still do occur in this haven. Besides the crime that usually happens in any community, civil law offenses are also common within this city.
Personal injury cases are continuously filed on the courts’ desks and heard by the judges or juries. Inglewood residents have no need to panic though. There are a great number of personal injury lawyers in California who offer their services throughout the state.
Residents can be afforded legal remedy for their personal injury claims and they are accorded the right to get legal representation from lawyers. Victims who do not exercise this right may end up with more trouble.
How can a lack of legal representation put your claims at risk?
• Lack of experience and familiarity with the legal proceedings may cause you undue delay
• Small procedural errors may occur from lack of legal supervision who will oversee the entire legal process
• Resolution may take more time since you do not have a legal counsel who would see to it that your case goes smoothly and accurately
• Lack of knowledge with the proper behavior and practices in court may lead to penalties or restrictions
• Lack of knowledge with the legal processes may cause the plaintiff to forfeit or sacrifice his/her legal rights
• The other party may take advantage of your lack of representation especially when you commit legal and tactical errors
• You may have your lawsuit dismissed when you fail to comply with the court requirements
• You may be seen askance by the judge or jury since they usually prefer to deal with trial attorneys who has more experience and familiarity with the litigation procedures
When pursuing a personal injury claim, it is best to have a legal professional handle your case than handling it alone. Going to court on your own representation may have unfavorable circumstances that will negatively affect your status on the case.You may understand by now that it is completely your choice whether to have someone represent you or not. You should know however, that it is statistically proven that litigants who go to court on “pro se representation” have a lesser chance of winning his/her claims.
Personal injury involves a very complex law. You may not be able to get through its twist and turns. Its complexity makes it harder for personal injury victims to pursue their claims. Hence, they will need the expertise of Inglewood personal injury lawyers. People can avoid putting their claims at risk by getting a lawyer.
Personal Injury Advocates for Hawaiian Gardens’ Residents
Hawaiian Gardens City – Home to over 15,922 citizens residing in the county of Los Angeles. It is the smallest city in Los Angeles known for its unique and relaxing tropical setting. It is also famous for its casinos as it is one of the seven cities in the county allowing casino gambling.
Hawaiian Gardens is more than just a city on the map. It is a place described to be a land of milk and honey. However, no place on earth could possibly stay clear of some downfalls. Residents of Hawaiian Gardens also have their share of crime rates and civil law offenses.
Majority of the civil law offenses here accounts from personal injury cases. In fact, the U.S. Bureau of Justice Statistics declared that within the period of 2002-2003 an estimated 9 out of 10 lawsuits involving damages were personal injury cases, most often on the grounds of car accident, medical malpractice, product liability, and marine accidents.
Personal injury covers a wide variety of claims. Besides those that comprise the majority of personal injury cases in Hawaiian Gardens, there are other tort claims under personal injury that citizens may bring against someone who has caused them pain and suffering. These include:
• Vehicle accidents
• Brain injury claim
• Wrongful death claim
• Premise liability claim
• Animal attack
• Slip and fall injury
• General negligence
• Professional malpractice
• Spinal cord injury
• Construction liability
Fortunately for Hawaiian Gardens’ citizens, personal injury lawyers in the state of California extend their hands for the poor injured individuals of this city. Personal injury victims can turn to lawyers who can help them pursue their claims.If you are questioning, or at least doubtful on why victims need personal injury lawyers, the answer lies on what these lawyers can do to help.
• Assist you in preparing for the trial, such as the preparation of essential legal paperwork required by court
• Guide you with the step by step process of litigation
• Prepare you to testify against the other party
• Defend you in oral arguments before the judge or jury
• Assure you of an accurate and extensive investigation of your claims
• Guarantee you a fair and reasonable trial
• Help you gather all possible evidence to prove your claims
• Give you a proper and complete assessment of probable damages that can be obtained from the defendant
Getting just compensation for all the sufferings you have sustained may be more difficult than you think. Plus, filing charges entails a lot of stressful work. Personal injury advocates aim to preserve and protect the rights of injured individuals who are suffering from the neglectful or intentional wrongdoing of another. Experts on this area of civil law can offer you a greater chance of winning your well-deserved awards.
The legal services of Hawaiian Gardens lawyers may be within your reach. However, it is still your choice to utilize their services. It is highly recommended though that you do. Obtaining justice will be simpler and faster with the guidance of a legal counsel.
Hawaiian Gardens is more than just a city on the map. It is a place described to be a land of milk and honey. However, no place on earth could possibly stay clear of some downfalls. Residents of Hawaiian Gardens also have their share of crime rates and civil law offenses.
Majority of the civil law offenses here accounts from personal injury cases. In fact, the U.S. Bureau of Justice Statistics declared that within the period of 2002-2003 an estimated 9 out of 10 lawsuits involving damages were personal injury cases, most often on the grounds of car accident, medical malpractice, product liability, and marine accidents.
Personal injury covers a wide variety of claims. Besides those that comprise the majority of personal injury cases in Hawaiian Gardens, there are other tort claims under personal injury that citizens may bring against someone who has caused them pain and suffering. These include:
• Vehicle accidents
• Brain injury claim
• Wrongful death claim
• Premise liability claim
• Animal attack
• Slip and fall injury
• General negligence
• Professional malpractice
• Spinal cord injury
• Construction liability
Fortunately for Hawaiian Gardens’ citizens, personal injury lawyers in the state of California extend their hands for the poor injured individuals of this city. Personal injury victims can turn to lawyers who can help them pursue their claims.If you are questioning, or at least doubtful on why victims need personal injury lawyers, the answer lies on what these lawyers can do to help.
• Assist you in preparing for the trial, such as the preparation of essential legal paperwork required by court
• Guide you with the step by step process of litigation
• Prepare you to testify against the other party
• Defend you in oral arguments before the judge or jury
• Assure you of an accurate and extensive investigation of your claims
• Guarantee you a fair and reasonable trial
• Help you gather all possible evidence to prove your claims
• Give you a proper and complete assessment of probable damages that can be obtained from the defendant
Getting just compensation for all the sufferings you have sustained may be more difficult than you think. Plus, filing charges entails a lot of stressful work. Personal injury advocates aim to preserve and protect the rights of injured individuals who are suffering from the neglectful or intentional wrongdoing of another. Experts on this area of civil law can offer you a greater chance of winning your well-deserved awards.
The legal services of Hawaiian Gardens lawyers may be within your reach. However, it is still your choice to utilize their services. It is highly recommended though that you do. Obtaining justice will be simpler and faster with the guidance of a legal counsel.
3 Vital Steps for Successful Personal Injury Claims
Every time you step outside your home, you run the risk of getting hurt. Accidents can be caused by you or by someone else. If you get hurt because of someone else’s mistake or negligence, you should consider personal injury claims to seek compensation for your injury and the suffering it caused you.
With personal injury claims, you have to go to court to file a lawsuit seeking compensation for your injuries. It is always wise to hire a personal injury attorney to help you with your claim since this is a specialty area that lay people best not manage by themselves; the legal complexities are just too great. A personal injury attorney will help you through the three vital
steps for successful personal injury claims and maximise your chances of compensation:
Step 1: Evaluate your injuries. This is the first step to filing successful personal injury claims. Have a physician give you a full medical evaluation as soon as possible after the accident. He or she will then file a medical report listing the extent of the injuries. Failure to get a medical report will put your entire compensation claim at risk. You need documents to prove you were actually hurt! Remember, a medical report is the keystone to successful personal injury claims.
Step 2: Determine the degree of fault. In the second step of filing personal injury claims, your attorney will give his opinion on how much the guilty party is at fault. For example, in a restaurant accident, your attorney will investigate if the accident was caused due to human error or because regulations were not being followed. Sometimes the blame can be shared by yourself and the guilty party. It’s not always 100% fault on one party. Depending on who is at fault and why, the attorney can move on to the next step in personal injury claims.
Step 3: Calculate compensation. No plan for filing personal injury claims is complete without the final step – calculating the appropriate compensation. The compensation you are entitled to will depend on the previous two steps i.e. the extent of your injuries and the degree of fault of the person who caused the injuries.
With personal injury claims, you have to go to court to file a lawsuit seeking compensation for your injuries. It is always wise to hire a personal injury attorney to help you with your claim since this is a specialty area that lay people best not manage by themselves; the legal complexities are just too great. A personal injury attorney will help you through the three vital
steps for successful personal injury claims and maximise your chances of compensation:
Step 1: Evaluate your injuries. This is the first step to filing successful personal injury claims. Have a physician give you a full medical evaluation as soon as possible after the accident. He or she will then file a medical report listing the extent of the injuries. Failure to get a medical report will put your entire compensation claim at risk. You need documents to prove you were actually hurt! Remember, a medical report is the keystone to successful personal injury claims.
Step 2: Determine the degree of fault. In the second step of filing personal injury claims, your attorney will give his opinion on how much the guilty party is at fault. For example, in a restaurant accident, your attorney will investigate if the accident was caused due to human error or because regulations were not being followed. Sometimes the blame can be shared by yourself and the guilty party. It’s not always 100% fault on one party. Depending on who is at fault and why, the attorney can move on to the next step in personal injury claims.
Step 3: Calculate compensation. No plan for filing personal injury claims is complete without the final step – calculating the appropriate compensation. The compensation you are entitled to will depend on the previous two steps i.e. the extent of your injuries and the degree of fault of the person who caused the injuries.
Tuesday, June 9, 2009
Elements of a Personal Injury Claim
If you happen to get injured in Los Angeles and wants to file a personal injury claim, it would be best to know some important facts.
First you must be able to establish two things:
1. You must be able to demonstrate and prove that the other person was at fault
2. You must prove that the damages you claim reflect your injury or loss.
In establishing your personal injury claim, you also have to consider that if the other party could prove that any part of the injury you experienced was partly or wholly your fault, this would affect the outcome of your claim. Even if the other party is found to be at fault, if it appears that you did not attempt to keep the expenses and lost income at a minimum, your claim could also be reduced.
After determining who is at fault in the incident, next you have to identify which area of the tort law is applicable to your case:
• Negligence – In a personal injury claim, you have to show that your injury was caused by the negligent action of another party
• Intentional wrong – These are often cases which are the results of criminal acts and are not eligible to receive monetary damages under the law
• Strict liability – this is applicable when a defective product causes harm
Types of Personal Injury Damages
There are two main types of personal injury damages, namely: compensatory damages and punitive damages.
1. Compensatory damages - This type of personal injury claim involves a demand for compensation for demanded for any emotional or physical suffering that you might have to endure after the injury or accident. This may include loss of wages, emotional distress, pain and suffering, permanent disability, loss of profit, etc.Expenses typically categorized as special damages include:Damage to the property you own (clothes, home, car, etc.)
* Medical treatment expenses
* Loss of pay for the time you spent in the hospital
2. Punitive damages- a type of claim awarded in addition to compensatory damages which is done to deter others from committing similar action.
Special damages can be compounded by the possibility of you losing the ability to earn or continue work in the same profession as you were before the accident. Special damages will also cover the loss that you suffer if a member of your family, who is a breadwinner, died as a result of an accident.
To obtain the best relief and compensation from a personal injury claim, the best thing to do is to consult an attorney. A personal injury lawyer will guide you through the intricacies of the tort law and help you improve your chances of getting the maximum claim for your personal injury.
In order to make your case strong, you should keep all the evidences, including documents and receipts that represent these payments very carefully. The more proof you have of the expenses you incurred to recover from the injury you suffered, the better are your chances to win the claim.
First you must be able to establish two things:
1. You must be able to demonstrate and prove that the other person was at fault
2. You must prove that the damages you claim reflect your injury or loss.
In establishing your personal injury claim, you also have to consider that if the other party could prove that any part of the injury you experienced was partly or wholly your fault, this would affect the outcome of your claim. Even if the other party is found to be at fault, if it appears that you did not attempt to keep the expenses and lost income at a minimum, your claim could also be reduced.
After determining who is at fault in the incident, next you have to identify which area of the tort law is applicable to your case:
• Negligence – In a personal injury claim, you have to show that your injury was caused by the negligent action of another party
• Intentional wrong – These are often cases which are the results of criminal acts and are not eligible to receive monetary damages under the law
• Strict liability – this is applicable when a defective product causes harm
Types of Personal Injury Damages
There are two main types of personal injury damages, namely: compensatory damages and punitive damages.
1. Compensatory damages - This type of personal injury claim involves a demand for compensation for demanded for any emotional or physical suffering that you might have to endure after the injury or accident. This may include loss of wages, emotional distress, pain and suffering, permanent disability, loss of profit, etc.Expenses typically categorized as special damages include:Damage to the property you own (clothes, home, car, etc.)
* Medical treatment expenses
* Loss of pay for the time you spent in the hospital
2. Punitive damages- a type of claim awarded in addition to compensatory damages which is done to deter others from committing similar action.
Special damages can be compounded by the possibility of you losing the ability to earn or continue work in the same profession as you were before the accident. Special damages will also cover the loss that you suffer if a member of your family, who is a breadwinner, died as a result of an accident.
To obtain the best relief and compensation from a personal injury claim, the best thing to do is to consult an attorney. A personal injury lawyer will guide you through the intricacies of the tort law and help you improve your chances of getting the maximum claim for your personal injury.
In order to make your case strong, you should keep all the evidences, including documents and receipts that represent these payments very carefully. The more proof you have of the expenses you incurred to recover from the injury you suffered, the better are your chances to win the claim.
Guidelines in Personal Injury Trial Presentation
Proving who is at fault in an accident is the crux of all personal injury cases. To improve the chances of success in your case, you must be able to show that the other party’s negligence or recklessness had caused you an injury or damage.To be able to accomplish your trial goals, you must have a convincing, relaxed presentation of your case in court. Here are a few tips:• Observe other trials and court proceedings – Visit the court a day before your trial to listen and observe the judge and the proceeding. This will give you an idea of what to expect, how to act, and how to dress for your day in court. • Prepare by doing your homework - Get ready for your hearing by interviewing all your witnesses and making them available to testify. Have all exhibits ready. Make copies of necessary documents for the judge and the opposing counsel. Have a notebook ready to serve as your journal for the trial.• Show respect and courtesy to all parties – Refrain from being too argumentative with the opposing counsel and be in good terms with the judge, jurors, your witnesses, court personnel, opposing counsel, and the opposing witnesses.• Develop a convincing story for your case – Tell a good and consistent theme for your case. If your case involves a complicated issue, try to tell in layman’s terms.• Show don’t tell – Instead of narrating your story in a straightforward manner, use visual images, pictures, exhibits and videos to make your story interesting.• Admit your flaws, dismiss bad facts – Be prepared to do some damage control when the opposing party brings up your flaws. Discuss your flaws and be ready to admit and dismiss them, then move on.• Make your own research on evidence – Make sure that the evidence you will present in court are admissible. Do your own research to ensure they are credible and will help to prove your case.• Pay attention to the jury – You should pay attention to the jury’s reaction and be aware of their demonstration or explanation whenever required.
Besides observing these guidelines during a court trial, trial lawyers must also consider other elements in court presentation. Here are some of the obstacles toward a compelling storytelling at a trial:
1. the nature of adversarial process
2. the rules of evidence
3. inconsistencies and other credibility problems
4. complicated subject matter
Adversarial Process
First and foremost, trial is adversarial. Each party has competing interests and conflicting versions of events. In many ways, a trial is a contest between two or more competing stories. These stories can create a fragmented and confusing compilation of facts. The trial lawyer must bring order out of the chaos. Telling a compelling story, which eliminates unnecessary facts, emphases strengths, and minimizes weakness is critical to effective advocacy and proving of a case.
Rules of Evidence
The rules of evidence, including the rules against hearsay, can hamper an attorney's ability to tell his client's story. But the rules of evidence may cut both ways. A series of strong, well-founded motions can severely undercut an opponent’s ability to tell his client's story.
Credibility Problems
Credibility is vital to success at trial. If an attorney tells a story that proves untrue, even on the most minor detail, the jury will question all other aspects of the attorney's case. Once credibility is destroyed, it is usually destroyed forever. Therefore, everything must be done to avoid inconsistencies as well as exaggerations and omissions of harmful facts which will be brought up during trial.
Complicated Subject Matter
Trials may be complicated enough even without a complex subject matter. A lawyer who finds himself trying to deal on a complex issue must be able to identify the big issues in the case and eliminate the rest. He must have the ability to sift through the maze of words and ideas. The attorney who is best able to present a clear and convincing story has better chances to succeed at trial.
Besides observing these guidelines during a court trial, trial lawyers must also consider other elements in court presentation. Here are some of the obstacles toward a compelling storytelling at a trial:
1. the nature of adversarial process
2. the rules of evidence
3. inconsistencies and other credibility problems
4. complicated subject matter
Adversarial Process
First and foremost, trial is adversarial. Each party has competing interests and conflicting versions of events. In many ways, a trial is a contest between two or more competing stories. These stories can create a fragmented and confusing compilation of facts. The trial lawyer must bring order out of the chaos. Telling a compelling story, which eliminates unnecessary facts, emphases strengths, and minimizes weakness is critical to effective advocacy and proving of a case.
Rules of Evidence
The rules of evidence, including the rules against hearsay, can hamper an attorney's ability to tell his client's story. But the rules of evidence may cut both ways. A series of strong, well-founded motions can severely undercut an opponent’s ability to tell his client's story.
Credibility Problems
Credibility is vital to success at trial. If an attorney tells a story that proves untrue, even on the most minor detail, the jury will question all other aspects of the attorney's case. Once credibility is destroyed, it is usually destroyed forever. Therefore, everything must be done to avoid inconsistencies as well as exaggerations and omissions of harmful facts which will be brought up during trial.
Complicated Subject Matter
Trials may be complicated enough even without a complex subject matter. A lawyer who finds himself trying to deal on a complex issue must be able to identify the big issues in the case and eliminate the rest. He must have the ability to sift through the maze of words and ideas. The attorney who is best able to present a clear and convincing story has better chances to succeed at trial.
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