Personal injury Articles
Injuries caused by defective products - ... a theory that the area where the plaintiff was attacked was an area known for criminal activity and as such the landowner had a duty to take st...
Request to Waive The Federal Method - ...ice by traditional means. Included with the summons and complaint is a notification that the defendant must return the request for waiver of servi...
Latest "Personal injury" Articles
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Key Reasons People Miss Buying Big Winning Stocks (08/14/2010)
(...) Just as the best ballplayers make the highest salaries, the better companies sell at better (higher) P/Es. Using P/Es as a selection criterion will prevent you from buying most of the best stocks.
3. (...)
Car accident is the personal injury lawyers bread and butter (02/02/2010)
(...) That is all well and good, but what does it mean. Simply put, it means that you cannot successfully sue another person for causing your injuries unless they were at fault for causing the injuries, at least to some degree.
How do you know if someone is at fault for an car accident? Fault in personal injury cases (including car accidents, as well as other types of personal injury cases) is based on either negligent or intentional acts. (...)
The damage in case of Personal injury (02/02/2010)
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On the other hand, the expenses of bringing suit, including filing fees, deposition fees and other such costs can be hundreds or thousands of dollars. So, an personal injury attorney will not want to sue someone on your behalf if in the end you and the personal injury attorney will ultimately lose money rather than make money.
In order to be worthwhile, it has to be reasonable to believe that a jury would give enough money so that after you pay your personal injury attorney fees (usually one third) plus the costs of brining the action, you have enough left over for you to have made it worthwhile to sue. (...)
Property Damage in car accidents (02/02/2010)
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First, in many places an employer can be sued if the employer failed to pay the required premiums or fees to the workers’ compensation system. This does not necessarily mean that the employee cannot use the workers’ compensation system; it just means the employer does not benefit from immunity from being sued.
Also, in some states, an injured employee is not limited to the workers’ compensation system if the employer intentionally hurts him or if the employer’s conduct reaches a particularly high level of recklessness. (...)
How to Choose a Personal Injury Lawyer (02/02/2010)
(...) In fact, you may never see any ads at all for defense injury lawyers, as they are usually hired by insurance companies and other corporations and therefore do not need to advertise very much, if at all, to the public.
Another difference between defense injury lawyers and plaintiffs’ injury lawyers is that more often than not, defense firms are larger than plaintiff firms. There are many defense firms in the U. (...)
Emotional injuries caused by outrageous conduct (02/02/2010)
(...) In other words, her mental distress went beyond just being upset or sad. She suffered an extreme emotional or psychological, injury.
Understand the difference here. (...)
The alcohol was a factor in causing personal injuries (02/02/2010)
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Similarly, if a patron is clearly intoxicated and the bar continues to serve him or her, the bar may be sued in some states if the patron then causes injuries as a result of the increased intoxication.
In order to sue the bar, the injuries must be sustained as a result of actions by the defendant which are caused by the intoxication. Thus, if a bar serves a minor who wrecks because the wheel falls off his car and the evidence proves that there was nothing he could have done to prevent the accident whether he was drunk or sober, then the intoxication did not cause the accident and the bar would not be liable. (...)
Personal injuries produced by medical malpractice (02/02/2010)
(...) There are many complex factors which control the costs of malpractice insurance. Also, there are some bad injury lawyers who file bad cases. But for the most part, medical malpractice actions are legitimately filed by injured people who deserve reasonable compensation for their injuries. (...)
Product Liability Warranty and Strict Liability (02/02/2010)
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However, suppose you are driving your car and the wheel falls off because the axle holding the wheel on had a crack in it from the manufacturing process. If you are injured, then you can sue under a warranty/ strict liability type of action.
There are actually some differences between warranty and strict liability legal theories and some states may not allow personal injury cases on a warranty theory. (...)
Injuries caused by defective products (02/02/2010)
(...) Typical negligence theories include that the area around the pool was unreasonably slippery or that there was not adequate fencing around the pool to keep children and others away from the pool. Another type of liability, especially for commercial pool owners such as at hotels or public pools, involves claims of inadequate supervision by lifeguards which leads to patrons in the pool being injured or drowning.
Injuries from Defective Products
A great many of the class action lawsuits that you hear about on the news result from injuries caused by defective products. (...)
Liability of dog owners for their dogs biting and personal injury (02/02/2010)
(...) Such factors may include whether the injured person was trespassing on the dog owner’s property; whether the injured person was taunting the dog in some way; the severity of the bite; and whether the dog has a history of being aggressive and whether the dog is of a breed that is considered to be dangerous.
I’m not making a personal injury judgment as to whether any particular breed of dog is predisposed to being dangerous or vicious. However, the law in your state might recognize certain dog breeds as being particularly dangerous and an injured person might, in some states, be able to use this against you if the dog in question is on one of these lists. (...)
Personal injury and Car loan accidents (02/02/2010)
(...) If the car is totaled and the remaining balance of the loan is more than the value of the car, the gap insurance will pay the bank the difference so that, at the very least, you break even.
If you make a significant down payment, so that it’s unlikely the loan balance will ever be more than the value of the car, then gap insurance would be a waste of money. But, if you’re financing heavily, you should consider gap insurance. (...)
The personal injury mediator will not tell the other parties your secrets (02/02/2010)
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If the case settles, the parties and/or the mediator might write a summary of the terms of the settlement so there are no disputes later on about the terms of the settlement. If the case does not settle, sometimes the mediator will offer to call the parties at some point in the future to see if any of them have changed their position so that some additional work might accomplish a settlement.
If mediation was required by the personal injury judge, the mediator might also be required to send a report to the personal injury judge indicating that the mediation was conducted, as well as the outcome whether the case settled or not. (...)
At a mediation, a mediator is chosen to offer guidance (02/02/2010)
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Unlike an arbitrator, a mediator does not make any decisions in your case.
There are several steps in a typical mediation. First, the plaintiff, defendant(s), their injury lawyers, insurance adjusters and the mediator will usually meet for an opening session. (...)
Importance of depositions in case of personal injury (02/02/2010)
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Attorney: I have here a copy of the transcript from that deposition. On page 57 I asked you what color car the defendant was driving when he supposedly ran the red light and hit your vehicle, could you please read the answer that you gave during that deposition (handing Plaintiff the document).
Plaintiff: (reading from transcript) Silver. (...)
Your injury lawyer will probably prepare you for some questions (02/02/2010)
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You are, therefore, “under oath” during your deposition. After you are sworn in, the other injury lawyers ask you questions and you respond. The personal injury personal injury attorneys for each party (if any others) will each get a chance to ask you questions. (...)
Request to Waive The Federal Method (02/02/2010)
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Serving Out-of-State Defendants
What if the defendant lives in a different state than where the lawsuit was filed? For this situation, states have what are called “longarm statutes” which correspond to the state’s “long- arm jurisdiction. (...)
Personal injury High Low Agreements for parties (02/02/2010)
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If the jury gives $100,000 (or any amount between the high and low amounts in the agreement), the plaintiff gets the amount of the verdict. By using a high/low agreement, the parties can have a little less stress about going to trial because the plaintiff knows that he or she will at least get something no matter what the jury does and the defendant knows that if the jury gives a really huge amount, that the maximum amount that will actually have to be paid is limited to the high amount in the agreement.
Some mediation styles and procedures differ by state, mediator and sometimes even by court, so check with your personal injury attorney to make sure you understand the exact nature of how the mediation will be conducted. (...)
At the mediation the parties are unable to reach a settlement (02/02/2010)
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One thing that varies by jurisdiction and that is often the subject of complex court battles is the definition of “costs.” Which costs have to be paid if the verdict is less than the offer of personal injury judgment?
The rules frequently say that the plaintiff must pay the defendant’s costs, but does not spell out exactly what costs are included. The applicability of some costs are less disputed than others. (...)
Burdens of Proof for your personal injury case (02/02/2010)
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Basically, any evidence at all in favor of a position will provide prima facie evidence. In personal injury cases, this standard of proof is most commonly used with regard to motions to dismiss and motions for summary personal injury judgment. If a defendant makes a motion to dismiss or a motion for summary personal injury judgment, the plaintiff must show that he or she has a prima facie case this means that there is prima facie evidence of each element of the cause of action alleged by the plaintiff. (...)
How to prepare for the big day with your personal injury attorney (02/02/2010)
(...) I like to set up a miniature, simulated courtroom to use in preparing my clients to testify.
Another important issue, which you should ask your personal injury attorney about if he or she does not mention it to you first, is what you should wear to the trial.
What you wear during trial can and should be an important part of your personal injury attorney’s trial strategy. (...)
Your personal injury case before the court (02/02/2010)
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Jury Selection
Jury selection will be conducted either on the morning of the first day of trial or at some point in advance of trial. In either case, the process will go something like the following.
Once the potential jury pool has arrived and the injury lawyers and personal injury judge are settled in for the day’s business, the first major step in the trial of a case will be the selection of a jury. (...)
Personal injury attorney on the case day (02/02/2010)
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Although some inferences are typically made in the opening statement as to what the personal injury attorney wants the jury to find based on the evidence, it is technically improper to tie any “facts” into the legal principles involved. This is because the personal injury judge does not instruct the jury about what laws are applicable in the case until after all of the evidence and testimony has been presented. To illustrate this sometimes difficult distinction, in opening statement, the plaintiff’s personal injury attorney might tell the jury:
Ladies and gentlemen of the jury, you will hear testimony from the plaintiff, as well as three disinterested witnesses to the accident, that the defendant, Mr. (...)
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