What is Personal Injury?
Personal Injury is an actual damage or harm suffered by an individual. It may arise through his own fault or through the fault and negligence of another individual.
What is Negligence?
There is negligence when a person does an act or fails to do an act, which is required of him to do or not to do; and as a result, damage or injury is caused to another person or to another person’s property.
How to determine negligence?
There is negligence when a person causing injury to another person or to another’s property failed to meet that degree of care and caution that is required of him by law.
Generally, a person is required to observe ordinary care and prudence in everything he or she does. If he or she failed to observe that degree of care, then he or she shall be liable for negligence.
What is Tort?
Tort is that branch of law, which defines and penalizes civil wrongs resulting from a person’s negligence or willful disregard of his civil duties. It is that branch of law, which punishes a tortfeasor for the injury or damage done to another person and there exists no contractual obligation between the two.
It may be intentional or unintentional.
Personal Injury is an actionable wrong. A victim of a tort or negligence of another may seek for damages or compensation from the perpetrator.
However, in order for his or her claim to prosper, the concurrence of the following essential elements is needed:
1. The Tortfeasor has a duty to act with precaution – law and morality requires everyone to act with the necessary care and caution when performing an action; otherwise, he may be sued for negligence.
2. There is a Violation of Duty – there is a violation of duty when a person causes personal injury to another due to his willful disregard or unintentional omission of the law and the interest of others. Because of his negligence or recklessness, he or she violated his or her duty of observing ordinary care and caution while performing an action.
3. Causation – law requires that the violation of duty or the wrong performed by the perpetrator is the sole and proximate cause of the injury suffered by the victim. There must be a necessary connection between the act or omission of the tortfeasor and the personal injury on the part of the victim.
If there is an intervening cause or another act or event, separate and distinct from the act or omission of the tortfeasor, then he may not be liable or his punishment may be mitigated. Such intervening acts may be:
a. Fortuitous events or Acts of God;
b. Acts of Man which cannot be avoided; or
c. Contributory Negligence of the Victim.
4. Damages – before the victim could claim for reimbursement or compensation from the perpetrator, he must sufficiently show that he or she acquired or sustained damage and injury, because of the latter’s wrong. Otherwise, his or her claim cannot prosper. An injured person may seek:
a. Physical or actual damages;
b. Moral Damages;
c. Exemplary Damages;
d. Others allowed by law.
To know more about information regarding personal injury laws, log on to our website and be familiar with other issues on general negligence cases.
Adriane Lauren Luna has fascinations for reading and traveling. She has always wanted to go places, learn about their history and culture, and meet different kinds of people. Every book read and every country visited, she considered it as one of her life’s conquests. Now she is at it again. She ventured into writing because she likes to think of it as another world unexplored.
Friday, April 17, 2009
Synopsis on Personal Injury Law in Los Angeles
Posted by pipat 0 comments at 10:01 AM
Sunday, April 12, 2009
Sources of Hindu Law
SOURCES OF HINDU LAW
India is a huge country not only in terms of its geography but also its population, which has various religions, customs and practices. However, India has two main personal laws i.e. Hindu law and Muslim Law. Before moving ahead, I would like to define the Law - 'Law is a large body of rules and regulations based mainly on general principles of justice.'
Hindu Law is a personal Law (Law of Marriage, Divorce, Adoption, inheritance etc) evolved through long period of time from many sources (mentioned below) by Hindu religious community of India. Therefore, I love to call it 'Sedimentary Law' because Laws from various sources Sedimented and consolidated into Hindu Law. The important sources of Hindu Law are:
1) Ancient Source
2) Modern Source
Ancient source is the main source of Hindu Law, which further subdivided into viz -
a) Sruti: the literal meaning is – 'what was heard', and it is originated from Vedas i.e. Rig, Yajur, Sama, and Atharva Vedas. Basically, it is praise in the forms of hymns of the earliest Hindu tradition which deals - types of marriage, adoption, partition etc.
b) Smriti: literally means – 'what is remembered.' It is also known as 'Dharma Sutras' and available in the prose from. The important Smritis are 'Manu Smriti, Yagnavalkya Smriti, Narada Smriti etc and, it deals the civil and criminal law, procedural law, marriage Law etc.
c) Commentaries: the discrepancy between above two gives rise a third one i.e. 'Commentaries, which later on beget two schools i.e. Mitakshara (Vijyaneshwara school) and Dayabhaga (Jimuthvahana school) associated with particular areas.
d) Customs: it is a set of rules and norms, practice by particular society for a long period of time. However, 'customs arise whenever a few human beings come together as no association of human beings can exit permanently without adopting consciously or unconsciously, some definite rules governing reciprocal rights and obligations' (Vinogradoff, Collected Papers). “Indeed custom is coeval with the very birth of the community itself.” (Jurisprudences).
Modern Source refers to the rules and regulations established through legislation by educated and intellectual people. These laws almost codified laws such as -
a) Hindu Marriage Act (1955),
b) Hindu Succession Act (1956),
c) Hindu Minority and Guardianship Act (1956) and
d) Hindu Adoptions and Maintenance Act (1956)
After independence (15 August 1947), India constituted its own Constitution, where India defines itself as a secular country, like this given space to flourish all religions with its own customs and laws. Therefore, the Indian Legal System is a Common Law-cum-Civil Law. Apparently, Hindu Law is a personal law and applicable to person and family relations only.
Posted by pipat 1 comments at 9:58 AM
Wednesday, April 8, 2009
Houston Personal Injury Laws
Are you curious about Houston personal injury laws? Perhaps you got into an accident somewhere in Houston and are suffering both emotionally and physically. Getting hurt is traumatic enough -- sometimes having the money to pay for all those doctor?s bills can add to your stress. Knowing Houston?s personal injury laws is a great step in understanding how they can benefit you.
Basically, if you?ve been in an accident in an establishment in Houston, and it was caused by negligence, you are eligible for compensation. Possible situations include food poisoning, exposure to a harmful chemical and injury caused by disrepair, etc. If you have any questions, you can contact a lawyer who is knowledgeable in Houston?s personal injury laws.
Another great resource to help you understand Houston?s personal injury laws is your state and local libraries. There you can find access to successful personal injury cases and more detailed descriptions of Houston?s personal injury laws. If you are wondering if you should file a personal injury claim, doing your research will help you understand your changes of success.
If you suffered an accident, illness, or injury in the city of Houston, getting some information on Houston?s personal injury laws is a great first step. Consult with a lawyer and do some research of your own to help you decide if making an injury claim is a good avenue for you. Personal injury laws are designed to help you, but you will need to make a claim in order to benefit from it.
Houston Personal Injury Attorneys provides detailed information on Houston Personal Injury Attorneys, Houston Personal Injury Claims, Houston Personal Injury Lawsuits, Houston Personal Injury Laws and more. Houston Personal Injury Attorneys is affiliated with Houston Personal Injury Claims. |
Posted by pipat 0 comments at 8:12 AM
Tuesday, April 7, 2009
An Introduction To Houston Personal Injury Lawsuits
Personal injury lawsuits are those that involve injuries caused to a person due to another person?s or company? s negligence, liability or intentional misconduct. A person may incur an injury because of another person/company in several ways including automobile accidents, workplace injuries, slips and falls, use of defective drugs/dangerous products, injuries due to professional negligence or mishandling such as medical malpractice, premises injuries, pet bites, catastrophic injuries, amputation and paralysis, exposure to asbestos & silicosis, burns and electrocutions, offshore accidents, refinery accidents, toxic torts, stock frauds, and many others. A personal injury may result in both physical and emotional damage, and even permanent disability or death.
Houston personal injury laws such as the Tort Law give protection to people who have been injured by another person/persons/ company. A person who has filed a lawsuit for personal injury is required to prove that the injury was a result of an action by another person/company. Some people may reach a settlement out of court for a certain amount to compensate for the injury. But many people seek justice by filing a lawsuit in the courts. If the case is won, the person receives compensation that may include medical bills, lost wages, including overtime, pain and suffering, physical disability, disfigurement, permanent scars, emotional trauma, mental anguish, loss of enjoyment, loss of love and affection, embarrassment, mental disability, property damage, and all out of pocket expenses (such as transportation charges, house cleaning and others). These are compensatory damages. The plaintiff may also be awarded punitive damages or exemplary damages that are aimed to prevent the offender from repeating the same action in the future.
Houston has a two-year statute of limitations that determines the maximum period within which a case can be filed for personal injury. Claims in which the recovery money involved is less than $5000 can be settled in the Small Claims court. The case has to be filed in the county where the defendant resides. The filing fee is $10 and an additional $15 may be charged for service of process by registered or certified mail as a service rendered before judgment. Jury trail requires additional fee. These expenses can be recovered from the defendant if the case is won.
Houston Personal Injury Lawyers provides detailed information on Houston Personal Injury Lawyers, Houston Personal Injury Lawsuits, Houston Personal Injury Claims, Houston Personal Injury Settlements and more. Houston Personal Injury Lawyers is affiliated with Houston Personal Injury Lawsuits. |
Posted by pipat 0 comments at 6:19 AM
Monday, April 6, 2009
Personal Injury Lawsuit Financing
Personal injury lawsuit financing is the way to keep you secure during an injury and during hospitalization. Injury due to accidents, physical traumas, and sexual harassment are eligible for lawsuit financing. If the injury and proceedings are reported to an attorney, then a lawsuit financing company would pay for the future settlement also.
Personal injury can be related to any human ailments like cancer, AIDS, allergies, or even abortions. Harm or threat to life in any form has to be protected and personal injury lawsuit financing therefore helps those who are in need of help. In times of distress and when the plaintiffs are seriously injured and hospitalized, the case may be brought to the notice of the attorney. The plaintiff?s lawyer is the person who approaches the personal injury lawsuit financing companies. These lawsuit financing companies would access the condition of the injured plaintiff and analyze the chances of winning the lawsuit and the amount the plaintiff would recover. The plaintiffs are offered an amount in advance and an agreement is made to repay this amount with the fees after the plaintiff gets the verdict. Usually most of the plaintiffs are common people who cannot handle huge medical bills, let alone bearing the pain for the rest of their lives.
Usually the amount paid by these personal injury lawsuit financing companies is non-recourse in nature. This means that the plaintiff need pay the amount in case he/she loses the verdict. And in case the monetary verdict is less than the amount from personal injury lawsuit finances, the plaintiff need not pay the difference.
It is very difficult to judge how much compensation is to be given to a severed leg, a broken elbow, a bleeding arm or deteriorated mental health. But health practitioners can access all the conditions and lawsuit financers can do what is necessary. Health is wealth. When it is at stake, the plaintiff can take the help of personal injury lawsuit financing companies.
Lawsuit Financing provides detailed information on Commercial Lawsuit Financing, Lawsuit Cash Advances, Lawsuit Financing, Lawsuit Financing Companies and more. Lawsuit Financing is affiliated with Litigation Financing Companies. |
Posted by pipat 0 comments at 4:19 AM