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
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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.
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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
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