California personal injury laws deal with lawsuits which are filed, when someone gets injured. Personal injury lawsuits are a result of someone else?s negligence towards another (CA Plaintiff). The negligence of someone else causes the plaintiff to suffer emotional or physical damages, property or economic losses, or other personal damages. General Negligence is broadly defined as someone not exercising prudent care, under circumstances, where a reasonable person, would do so. In order to win a personal injury claim, from the defendant or the negligent party, your CA attorney, must prove that the defendant was actually responsible fro your personal injuries and but for his negligence towards you, you would not have sustained those injuries.
Generally speaking Californian laws governing personal injuries require that people behave reasonably in order to protect others from harm. Legal standards of behavior expect a ?reasonable person? to do his ?duty?, in such a manner, which in no way results in injuries to others, The ?duty? imposed is based on rationality and safety norms, which govern California personal injury laws.
If at all a person proved to act in a manner deemed unsafe and reasonable, then such a persona is considered to have ?breached his duty of due care?, with respect to others, in this case, with respect to the plaintiff, who is injured, primarily due to the plaintiff?s negligence. Once proven the plaintiff is liable to get compensatory damages, which are an award of monetary damages, intended to compensate for economic and non-economic losses, incurred by the plaintiff, due to the negligent act of the defendant. The damages claimed may include, medical bills, lost wages, future lost earning potential, money equal to the damaged property, or medical equipment which may be required in future, to mention a few.
California Personal Injury Lawyers provides detailed information on California Personal Injury Claims, California Personal Injury Funding, California Personal Injury Laws , California Personal Injury Lawsuits and more. California Personal Injury Lawyers is affliated with California Business Lawyers.
Friday, February 13, 2009
California Personal Injury Laws
Posted by pipat 0 comments at 2:11 PM
Atlanta Personal Injury Lawsuits
Many victims of personal injury in Atlanta have been successful in claiming compensation, bringing relief to themselves or their families. A very famous case involved a suit being filed for premises liability wherein the victim of sexual assault received a compensation of 9 million Dollars.
In a landmark judgment of an accident case victim, a construction worker?s family was awarded $5,200,000. A tractor-trailer collided with the construction worker?s truck in an emergency lane along the highway, killing him.
In a product liability case, where the plaintiff?s husband was trapped inside a machine manufactured by the defendant, the plaintiff was awarded $7.6 million on the grounds that the machinery was defective.
The collision between two Norfolk Southern trains in Sugar Valley, Georgia, caused the death of one Mr. Forrister. The railroad authorities were ordered to pay a compensation of $1.9 million to the family of the victim.
In the trucking case of Lawler v. Cresco Lines and Georgia Pipe, a jury awarded over $1.7 million to Mr. Lawler?s parents. John Lawler was killed on his way home from work when a truck driver lost control of his rig and ran into the footing of an overhead sign, which fell on Mr. Lawler?s vehicle.
A famous premise liability case, Carroll v. Atlanta Fulton County Zoo, involved Beverly Carroll who was seriously injured when she fell on a portion of uneven pavement at the Atlanta Fulton County Zoo. A jury awarded Mrs. Carroll a settlement of $400,000.
In the case of McLendon v. Center for Videoscopic and Laser Surgery, Inc., Dr. Champion, et al, Mary McLendon?s family received a compensation of $2 million as a result of medical malpractice. Mary McLendon underwent laparoscopic surgery to correct a narrowing of the passage in her stomach. Dr. Champion negligently performed the surgery, causing the surgical site to become septic and die approximately two weeks after the surgery.
A good attorney would usually advise his clients whether filing a suit or an out of court settlement would serve the latter?s interest best in a personal injury situation.
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Posted by pipat 0 comments at 2:09 PM
Thursday, February 5, 2009
Personal Injury Lawsuit Funding
To understand the concept of Personal Injury Lawsuit Funding, you first need to understand the concept of Personal Injury. Consider a situation when you find yourself thrown out of your job without notice, or harassed at the workplace or facing discrimination. Alternatively, you may be a victim of an automobile accident and suffering either major or minor injuries. These are some the examples of personal injuries. There are others that include medical or legal malpractice.
A person finding himself or herself in such a situation has two recourses: one is to fight a legal battle and the second is to opt for an out-of-court settlement. Now, if you wish to agree to an out-of-court settlement, chances are that you may give in to pressure and opt to settle for an amount less than what you would have received had you taken the case to court.
To take a case to court, you need adequate finances. Also, you would require money to see you through the days until you get the settlement amount. To get the required finances, you can opt for Personal Injury Lawsuit Funding.
Personal Injury Lawsuit Funding is a relatively new concept that is steadily gaining a foothold in the field of financing. If you are a claimant for a Personal Injury lawsuit and do not have the funds to fight your case, you can approach one of these lawsuit financing companies. These companies, in a way, purchase a part of your future settlement. They advance you a loan to fight your legal case. This loan is a non-recourse loan, meaning that you have to pay it back only if you win the case. If you lose, the company also loses the advanced cash amount. Given the high risk involved, these companies charge you a very high fee for their services. This fee can be either a flat fee or a recurring fee. Flat fee means that you have to pay a percentage amount at the time of the settlement verdict. Recurring fees means that you need to pay a certain monthly amount until the loan is repaid.
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Lawsuit Funding provides detailed information on lawsuit funding, lawsuit cash advances, lawsuit funding companies, lawsuit loan services and more. Lawsuit Funding is affliated with Frivolous Lawsuits.
Posted by pipat 0 comments at 9:40 AM
Monday, February 2, 2009
A Guide To Chicago Personal Injury Lawsuits
Personal injury lawsuits are filed when an individual is injured from negligence or fault of another person. Usually, these kinds of lawsuits adhere to a similar outline throughout the country, but you would still find small differences in the personal injury laws in different states. Such lawsuits are meant to compensate the injured party and prevent any recurrence of the activities that brought about the injury in the first place.
Sometimes, personal injury lawsuits are also referred to as tort law. Personal injury lawsuits do not only consist of physical pain, but they also take account emotional and financial hardships. Some of the damages that you will be able to obtain are medical expenses, physical pain, lost wages, and disfigurement.
Negligence, strict liability, and intentional wrong are some of reasons for which the liability and damages in a personal injury lawsuit can be established and paid for. Even though great numbers of personal injury lawsuits are settled out of court, quite a few go to trial. Juries that review these cases are accountable for awarding the plaintiff with a monetary sum if they deem him or her entitled. Also, they come to a decision on the actual monetary sum that is to be paid out.
For most every personal injury lawsuit, people are required to find and hire a lawyer. In view of the fact that the nature of law can be exceptionally intricate, a personal injury lawyer will be best qualified to guide you in the course of the legal process. These lawyers have skill in personal injury cases and can provide you the information you need.
Posted by pipat 0 comments at 1:58 AM