By : Lala C. Ballatan
Have you experienced acquiring physical injuries along with tremendous hospital bills for treatment and other various costs through no fault of your own? Suffering from injuries is bad enough, it is worse if you acquired it as a result of negligence on the part of a person or group. Well, fret no more, you can file a lawsuit and charge the person or persons responsible for sufficient compensation.
How do you go about with this? First, you have to understand the personal injury or tort law. This is a branch of civil law protecting the rights of a personal injury victim to claim for damages from the responsible party/parties. In filing a personal injury lawsuit, the lawyer refers to the personal injury law to establish his or her client’s case.
According to the personal injury law, the plaintiff is the direct victim of an alleged wrong. However in wrongful death cases, the loved ones of the victim are the plaintiffs. Meanwhile, the defendant is the person or group believed to be legally responsible or accountable for the injuries sustained by the victim.
As generalization, personal injury lawsuits intend to claim sufficient compensation for the injured party or the plaintiff. This kind of cases also serves as sufficient warning to the responsible party or the defendant to refrain from repeating the behavior or practice which caused the injury.
Personal injury lawsuits have specific guidelines that vary depending on the state where the suit is brought up. There are also other circumstances which contribute to the varying decisions with regards to this kind of case.
In building up a credible personal injury case, the liability and damages are the main elements needed to be brought to light. It is the plaintiff’s obligation to prove the liability or legal responsibility of the defendant for the injuries. Aside from this, the plaintiff also need to present the extent or amount of injury or loss, which is referred to as damages, incurred due to the defendant’s negligent action.
In determining these two main elements, there are three legal bases to establish.
Intentional wrong – the defendant is aware or intended to inflict the injury to the plaintiff. However, this basis is least often used. In case this situation arises, it can be brought up also with criminal charges
Negligence - the defendant is accused of being responsible for the injury because of failure to prevent it. Personal injury cases involving situations like slip and fall, reckless/inattentive driving resulting to car accidents are qualified for a personal injury lawsuit based on negligence.
Strict liability – the defendant has legal responsibility in creating a situation or producing a product which caused injuries to the plaintiff. Making or releasing defective or unsafe products is a perfect example of personal injury case based on strict liability. As long as the product is used by the plaintiff as it was intended to be used and suffered injuries from it, the strict liability applies even without the basis of malice or negligence.
Even before formal courtroom proceedings, most personal injury cases already get settled. Cases that actually go into trial in court are either heard by a judge or a jury in determining the extent of damages and liability for it.
The amount of money to be awarded to the plaintiff as payment for damages is determined by either the judge or the jury. Some payments for damages amount up to millions of dollars.
If you have grounds to believe that another person or a group is liable for your injuries, then you may go file for personal injury claims lawsuit. Evaluate your case carefully with the help of an experienced personal injury attorney as soon as possible.
There is a limited amount of time given in filing of personal injury cases. However, the statute of limitations varies from state to state. By knowing the strengths and weaknesses of your case, you may determine early on if your case is winnable enough to be worth of all the effort.
Our Toxic Tort Lawyer are expert in handling Personal Injury Claims
Wednesday, January 2, 2008
Introducing, the Tort Law - Careers-Employment
Posted by pipat 0 comments at 5:49 AM
Squeezing The Lemon Out Of The Lemon Law - News-and-Society
By : attorne@gmail.com
Aimed at protecting the consumers, the California Lemon Law gives the consumers within the state a legal right to return defective vehicles to manufacturers for a full or partial refund, if the vehicles are still found to be in need of repair after a reasonable number of attempts at repairing.
In order for the Lemon Law to apply, the vehicle needs to be under the original manufacturer's warranty, have had four repair attempts at the dealership (or two if the problem causes serious injuries or fatalities), or been in for repair for the same problem for over 30 days, at which time the vehicle many be returned to the manufacturer for full or partial refund plus incidental expenses. The vehicle’s issues must greatly diminish it's safety, value, or usability
Manufacturers never like to buy the vehicle back due to the costs involved. At times manufacturers try to claim that the warranty does not apply, arguing that the owner made improper use or changes to the vehicle. If you are proved to have voided your warranty, you will lose a Lemon Law case.
When you purchase a new vehicle, it's wise to use the following guidelines:
1. Precisely follow the suggested maintenance schedules. (You do not have to take your vehicle to a dealership for routine maintenance; you should, however, take the vehicle to a dealership to have all warranty repairs performed.)
2. Even if the garage made no repairs, keep the receipt. If you are doing your own engine work like changing oil, please retain all buying receipts with you.
3. You should take your vehicle to the dealership straightaway if it is not behaving correctly. Your rights under your warranty may be forfeited if the problem worsens due to not being recognized.
4. Never alter the stock vehicle configuration with non-stock parts. Van conversions are a potential problem because after they are converted, they are no longer considered stock.
5. Don't try to use the vehicle for any purpose other than what is intended, such as trying to haul a huge boat with a tiny economy car.
6. A continuous problem needs to be reported to the dealership's service manager and the manufacturer's rep in writing.
Furthermore, getting into a car wreck will sometimes void aspects of a warranty. For instance, if your suspension is damaged in an accident, suspension problems that occur in the future are not likely to be covered under the Lemon Law.
Even though they dislike repurchasing their own products, vehicle manufacturers will generally be persuaded to go along with the purchaser if the automobile really is a Lemon according to the Lemon Law. By using these tips, you can improve the chances of a successful Lemon Law case, and not be left puckering with a sour taste.
About the author:
Barry Edzant, one of the more experienced Santa Clarita personal injury attorney, has emphasized lemon law cases for the last 10 years. Barry understands the nuances of the Ca lemon law and additionally can help those with other personal injury claims such as those seeking California dog bite lawyer.
Posted by pipat 0 comments at 5:48 AM
Vallejo family law firms -- Making Divorce Cost Effective - Divorce
By : Charleslegal
Everyone has horror stories about the Vallejo divorce process. People say that it takes years. People talk about spending huge and unexpected amounts of money on Vallejo family law firms. You hear about many instances where the divorce has harmed relationships with children, family, and friends. Many find that child support payments cause them to live as frugally as students until their children’s emancipation. Post-divorce problems can linger for years, even for a lifetime.
In a mediated divorce, the two divorcing parties meet with one mediator (usually, but not necessarily a service offered by Vallejo family law firms). You meet with a Vallejo family law firm a number of times. The Vallejo family law firm will to address and try to resolve the issues in your divorce. Vallejo family law firms hired in this capacity do not represent either of the parties. The Vallejo family law firms must be (and must be viewed by the parties as) an impartial, objective, fair third-party.
A mediated divorce (using advocate lawyers at relevant points) is the Camry of divorces. It’s solid, safe for the most part, and it can do almost everything you want. But the collaborative divorce is like a Prius. It has the most advanced resources at its disposal. It’s groundbreaking, and it can turn a sometimes dirty process into something that is a lot better for the environment.
The premise of collaborative divorce is to resolve the divorce though a series of meetings between the clients and their respective Vallejo family law firms. These four-way meetings, are actually what the courts require litigants to do prior to the trial in a litigated divorce.
So.., the main difference is that instead of you, your spouse and a Vallejo family law firm, you have you, your spouse and two Vallejo family law firms - one for each of you. The benefits of collaborative law are great. Better, more workable, and longer-lasting solutions are generated. Relationships with family are preserved. It is generally not more expensive than mediated divorces (with the advocate attorneys’ critical involvement.) It is generally much less expensive than litigated divorces.
I hope your brain isn't spinning too much at this point. But here's it in a nutshell, you can
- mediate
- have a collaborative divorce
- create a separation agreement.
- duke it our in court.
The first three are usually the best.
Before filing your dissolution, contact multiple Vallejo family law firms - or better yet, fill in our contact form and let us give you a list of the best Vallejo family law firms for your particular case. Divorce is quite emotional but, the court sees it strictly as a legal matter. The law is designed to be fair, and that's all Vallejo family law firms are trying to do. Help you create a fair settlement.
It might be worthwhile to consult with our Vallejo family law firms. Fill out our contact form and let us help you.
http://www.bay-area-family-law.com/Vallejo-Family-Law/2007/06/vallejo-family-law-firms-making-divorce.html
http://www.bay-area-family-law.com
Posted by pipat 0 comments at 5:47 AM
How To Be Effective Leader Using Law Of Attraction - Leadership
By : NMaskuri
Ever since the movie, The Secret was shown to the world, there is a new level of consciousness in many people about the law of attraction. The world is suddenly awakened and it brings forth a new thinking that encourages positivity in thoughts and forces people to reflect on how
much of what has happened in their lives in the past is determined by what and how they had thought.
Imagine, if you take this forward, how much you can influence your life and destiny and achieve all that you desire.
Have you wandered how you can apply this law of attraction to your job and career. Especially if you are leading a team, just knowing how you can direct your thoughts can mean great things for yourself and for your staff. The more you understand it, the better off you are going to be.
If your goal is to gain respect from your team, then focus on the good that respect will do for you by visualizing on the end result. Your thought vibration will generate or attract what you think of. If you are having difficulty managing people, focus less on the difficulties but on sending positive thoughts to the problem. Happy solutions have a way of surfacing when you focus on the positives.
There is a brand new report called Attraction Acceleration, where Bob Proctor, the teacher in the movie The Secret, was interviewed by another mindpower expert, Stephen Pierce on how to accelerate the attraction factor and the science of getting rich. Bob Proctor is a real-life guru in manifestation.
In the special report, Bob Proctor said, "You don't get rich by doing certain things.You get rich by things in certain way".
If your goal in your career is to make a lot of money, then it would be worth reflecting on what else Bob Proctor shared :
"See people don’t earn $50,000 a year because they want $50,000 a year.
They earn $50,000 a year because they're not aware of how to earn $50,000 a month. Because they're not aware of how to earn $50,000 a month."
Interesting thought worth reflecting on.
The report also talks about The Law of Vibration and explains how your body which is a massive energy at a high speed, vibrates and attracts that which your thought generates. This determines what is being attracted to you.
Having gratitude is also key in attracting all that we desire. Because gratitude is our thoughts, and feelings and action and that translates into our attitude.
The law of attraction has been around for a long time and has been the guiding force of very rich and successful people. The key to achieve it is that they believe in themselves and put their trust and faith that the system works.
You can harness all this knowledge to become an effective leader and a very successful one if you so desire. Having the awareness of the forces of the law of attraction will guide you in your daily thoughts and actions. It gives you the power to guide others in your team and lead them to achieve better things for themselves too.
Noraini Maskuri is 20-year media veteran in the advertising business and currently runs her own net business. To download a free report of Attraction Acceleration, please get it at :http://effectiveleadership.nmaskuri.com
Effective leadership
Posted by pipat 0 comments at 5:46 AM
Types of tax law attorneys - Business
By : Charleslegal
SEPARATION AGREEMENT - In a marital breakup, a document that outlines the terms of the couple's separation.
Separation Contracts are generally made by the husband for himself and by the wife with trustees. This contract does not affect the marriage, and the parties may, at any time agree to live together as husband and wife. The husband who has agreed to a total separation cannot bring an action for criminal conversation with the wife.
So, it's kind of like a temporary divorce. You can get a Vallejo family law attorney to provide you with a separation contract. It's easy, fast and relatively cheap to do. If you find that you do in fact need a divorce, having an existing separation contract makes the divorce very easy to execute.
The provisions of a separation contract created by a Vallejo family law attorney are binding upon both parties. The provisions become binding once the final decree is filed with the courts. It is possible that the court may rule that the contract is unfair. So, you've got the courts on checking up on your Vallejo family law attorney. In most cases, the whole process is pretty streamlined. The Vallejo family law attorney draws up the contract, you and your spouse sign it, and that's it!
So why might you want to have a Vallejo family law attorney draw up a separation contract?
Well, the main reason is that it's cheaper than settling your differences in court. Another reason is that you can live separate lives without officially getting divorce. You can still get a divorce if you need one, and having a separation contract makes getting a divorce really easy (or at least much easier). The reason is that there's nothing left to fight over. All the issues are resolved in the separation contract that your Vallejo family law attorney created for you. If you need to get a divorce, all you need to do is file a few forms and you're done.
This Vallejo family law separation contract may provide for alimony for either party, rules for using property, provisions regarding children’s residency, and child support.
If you need a Vallejo divorce, the first thing is to file a divorce action. A Vallejo family law attorney can help you with this. Don't worry, it's not expensive. The expensive parts come later. Once your Vallejo family law attorney has filed your case, you can seek to enter into a separation contract or Vallejo mediation. These two options will save you time and money. Talk to your Vallejo family law attorney about it.
http://www.bay-area-family-law.com/Vallejo-Family-Law/2007/06/vallejo-separation-contracts.html
http://www.bay-area-family-law.com
Posted by pipat 0 comments at 5:42 AM