At this moment, millions of Americans are working, traveling, driving, walking, shopping and driving, with so much activity in a person’s everyday life its no wonder accidents have become inevitable. Many accidents can be severe and life altering or even result in death, but the fact that accidents are fairly familiar does not reduce from the confusion and pain that can result when an injury or accident happens to you or a loved one. This is especially true when any harm could have been prevented if others had not acted inconsiderately. Personal injury can be psychological or physical but, to be considered unlawful, it must happen due to the negligence or unreasonably unsafe actions of your company, your physician, or some other person or corporation who owes you a duty of ordinary care.
Personal injury is the branch of tort law that covers any wrong or injury done to another’s body, land, reputation, or entitlements. Examples of personal injury include medical malpractice, slander, trespass, wrongful birth, and wrongful death. Every tort claim, regardless of its source, whether intentional, strict liability, or negligence, has two fundamental issues: damages and liability. Was the defendant liable for your damages, and, if so, what was the nature and extent of your damages? Based on the intent or negligence of a responsible party, the injured party may be entitled to financial compensation from that party through a settlement or a verdict.
A personal injury case gets settled in a civil court trial to seek who is at fault for the damages caused against the plaintiff. There is also a chance that an informal settlement is brought to the table prior to an official court dispute. Unlike criminal cases, which are initiated by the gove...
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...dentist, or chiropractor. There are also two ways to qualify for benefits; injuries must be diagnosed as an emergency medical condition for $10,000 or receive only $2,500 for non-emergency medical treatment.
Now you must be questioning how does the attorney and paralegal get paid for all their hard negotiation. Most Florida personal injury legal teams do not charge an initial consultation fee. Most firms do not charge anything unless the client receives a settlement. This option is best for clients that are paying for medical bills out of pocket and don’t need the extra stress of having to pay legal fees for representation. Firms usually charge on a contingent fee basis, which is a percentage of a plaintiff’s final compensation only payable when the case is resolved. If the legal team is unsuccessful in recovering compensation for the client then nobody gets paid.
Blunt force trauma is defined as a traumatic event caused by the introduction of any blunt instrument forcefully, causing injury to the body or head. The Severity of injury is determined by various factors. It may be due to mechanical force such as compression, traction, torsion or shear. Impact of the injury and severity depends on object and movement of victim. Injuries occurred may be internal such as lacerations of internal tissues, organs, fractures of bones or may be external such as abrasion, avulsion, contusion and laceration (Pollak & Saukko, 2009). Severity also depends on anatomical site impacted for ex: Lacerations have irregular margin, hanging causes abrasions, contusions and hyoid bone fractures, Ocular hemorrhages in case of blunt trauma to eyes or Fracture of ribs when hit on chest by a blunt object (Ressel, Hetzel, & Ricci, 2016). Severity is also determined by the duration of time and amount of force applied. Nature of trauma is of importance in forensic medicine. It helps in
There are many steps to go through once you decide to file a lawsuit. Many Americans suffer from injuries but only a small percentage of them file a lawsuit because many of them have valid claims but they have little money. Sometimes when plaintiffs, the person filing the lawsuit, go to trial there is a lot of money that has to be spent up-front. “Taking a large case on a contingency fee and advancing all the out-of-pocket cost is a very expensive proposition” (Bourhis, 2005, p. 76). Lawyers have created the contingent-fee arrangement. This is where “a lawyer agrees to take a case without any money up front and without requiring the client to pay an hourly or flat fee. In return, the lawyer is entitled to receive a percentage of the actual amount of money collected, generally 33 percent, but sometimes 40 percent if ...
For 34 years, Bruce Petito, a partner at Petito & Petito has successfully handled hundreds of personal injury cases, ensuring these injured victims receive the compensation and help they deserve, some of these cases had $500,000 or more awarded. He also has a 17 year history of representing insurance companies as a trial counsel. This unique perspective gives him an edge when it comes to knowing what an insurance
Our personal injury service has been trained to help people who have been involved in all types of car accidents, including truck accidents, motorcycle accidents and pedestrian accidents. We are committed to matching people with attorneys. We have worked extensively in Nanticoke.
Personal injury most commonly refers to bodily injury but can also include the infliction of emotional distress. One of the most frequent kinds of personal injury comes from car accidents. If you were not at fault in the accident and suffered an injury as a result, you should receive compensation from the responsible party. Personal injury also encompasses accidents in your place of work, someone else's home or business, injuries sustained while
When filing a lawsuit for a personal injury claim, your defendant is going to try to find any way that they can to limit the amount of money that they have to pay out in the end. They will try to do this by claiming you played a part in your injury, often by saying you didn’t seek medical help for an injury. This puts part of the blame on you, which means you may not receive the compensation you need. Here are some ways you can mitigate the damages to show that you are doing all you could.
Explain and analyse the common law tests used by the judiciary to determine liability under the tort of negligence for the following two types of injury claim:
A tort is considered to be a civil wrong from which injury occurs to another person whether it is intentional or accidental. For such an offense, monetary value is the usual form of remedy. A classification of torts is that of negligence. “The tort of negligence allocates rights to individuals who have suffered damage, to their property or themselves, against a party that has failed to take reasonable care for that person’s safety” (Adams 2008). For an individual to have a successful claim in the tort of negligence, there must be proof of the duty of care, failure to perform that duty and damage suffered. Duty of care means that the claimant should show that the defendant should have thought about them (the claimant)
In this essay about tort law, I talked about a tort case that has personally impacted me. To do this, I provided a background of the event, applied facts of the case to applicable law, summarized lessons of the week as they related to this case and provided a plausible argument for the parties involved. This is a prime example of breach of a tort law and the case is currently in the process of litigation. It is likely that the parties involved will reach an agreement out of court but may in fact be brought to trial.
Bill is a nine-year-old Caucasian male. Bill is currently living with his biological mother (Crystal age 32), sister (Sage age 3), aunt, cousin, and grandmother (Jessica). Jessica owns the house and Bill’s family and grandmother live on the second level and his aunt and cousin live in the basement. The home environment appears to be safe and stable with adequate space for everyone currently there. Bill hasn’t had any contact with his biological father since he was one-year-old. Crystal is currently single. Crystal is employed full-time and Jessica provides childcare for Bill and Sage while Crystal is at work.
In a civil case, the victim usually hires a private attorney to determine if the offender is liable for the harm caused to the victim. The act that caused the harm is known as a “tort” in the civil court system. The victim controls all key decisions of the case, such as whether to accept settlement or go to trial. The victim of a civil lawsuit is seeking to be compensated for the harm caused, usually with money. The burden of proof is a “preponderance of evidence” which means that one side’s evidence must be more persuasive than the other. There are time limits on how long a victim has to file a civil lawsuit known as statutes of
If you have an accident where you were injured but were not of fault at your own and were caused by someone else’s carelessness then you are entitled to claim compensation. You can also have a claim if the accident was partly someone else’s fault but with lesser amount. The establishment of the Conditional Fee Agreement in 1988 provides revolutionary changes on how people thought of injury claims. The availability of “no win no fee” agreements makes injury lawyers more accessible for injured individuals regardless of their background and income. These legal practitioners basically make the process of claiming compensation for various accidents less complicated, manageable and affordable.
after suffering harm from the acts of the other party (Turner, 2013). A tort is a civil wrong
Head injuries are very serious and dangerous. Some head injuries can cause neurological brain damage. They are commonly found in the sports world, putting athletes at risk. There are a lot of head injuries that are dangerous or could cause serious damage brain and in turn, the body. Because of this, precautions, rules, and guidelines need to be in place to prevent and treat these athletes. If these things are not put in place, it could mean the difference between life and death for these athletes. There are many different injuries that can occur to the head and face. Facial injuries can be very dangerous as it can concern the eyes nose and mouth.
person injured therein, for the recovery of civil damages as a result of any act or omission