Tue

03

Sep

2013

Top Qualities of an Effective Personal Injury Lawyer

meeting a lawyer

Personal injury lawyers have things in common. They went to a law school, finished their studies, took the bar and got their license. However, competence is a different thing. It is seasonal and only a few lawyers are considered as one. In the field of personal injury, where the victim’s sake and interests are concerned, it is important that your lawyer is better than others to defend your cases from the arguments that may be thrown by the defendant. To get the lawyers that can represent and protect your case, here are the top qualities you should seek for. 

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Thu

15

Aug

2013

Arguments of the Defendant: Deductions to the Plaintiff’s Compensation

gavel

Personal injury law provides privileges to the victims of negligence. They are given the chance to seek for compensation for the damages they have incurred because of another person’s failure to practice reasonable care demanded by the circumstance. Compensatory damages are all losses incurred by the victim whether it is tangible or intangible. Intangible losses such as pain and suffering, loss of consortium, loss of enjoyment or quality of life, etc. shall be converted by the jury with its equivalent dollar value. True enough, being a plaintiff in a personal injury case can make you gain a lot if you win the case. 

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Tue

18

Jun

2013

Personal Injury: Compensatory Damages

Compensatory Damages For Personal Injury

The only thing certain in life is its uncertainty. This applies to everything, from the success you enjoy, to the little everyday moments and the memories that you will cherish forever. But uncertainty  also employs everyday misfortunes – in a split second one may end up either scarred and disabled for the rest of his life or in worst cases, dead. These everyday misfortunes may happen to you,  which is why you must continue to read on to know everything you need to know about the damages and claims which are an integral part of our justice system.

First off, let's define what Personal Injury legally means. It is a legal term for an injury to the body, mind or emotions done by the plaintiff. It may include bodily injuries, intentional infliction of emotional distress and negligent infliction of emotional distress. The most common of which are traffic and road accidents, occupational injuries (such as construction), assault and product defect accidents. There are two types of damages, categorized into compensatory and punitive damages. The following entry will prioritize compensatory damages.

Compensatory Damage

 

This is meant to, as its name suggests, compensate the victim for the injuries sustained. Actual damages include reimbursement (or monetary awards) for medical bills, salary one would have earned and property damage. These may also be awarded to pain and suffering experienced, mental and emotional suffering and loss of future employment possibilities.

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Tue

04

Jun

2013

Who Is Liable For Your Personal Injury?

Personal injury laws

It should be impossible for most accidents that happen without having someone liable for the incident. Oftentimes, someone is responsible for injuries that the victim has experienced in the event of the accident itself. California personal injury law is designed to protect individuals from harm caused by a person's intentional or carelessness action. This law encompasses a broad range of claims which includes vehicle accidents, wrongful deaths, work injuries, defective products and others. In order to file a personal injury claim, the victim has to determine who is legally responsible for the injuries. There are three areas of liability which enables the individual to file the personal injury claim.

Intentional Wrongs


This area speaks for itself where the person liable did the action on purpose. Say when a person strikes someone on the head. Even if the act is a practical joke, he is still liable for the harm or the battery he has done. The victim has the right to file a civil personal injury. In addition, he can file criminal charges. Domestic violence, or sexual abuse enables the victim to file a civil lawsuit and a criminal complaint to the police.
In California, intentional wrongs are not insurable. In other words, the victim has to obtain the claim from the defendant and no one else. Most Personal Injury lawyers find it a challenge defending the person liable to the complainant unless the defendant has sufficient resources. It is always an essential to look for an experienced and reliable personal injury lawyer to determine the necessary reward for the damages that resulted from the accident.

Negligence


Any person who is negligent in his actions can sometimes cause another person harm. In any case, a careless person is liable when his actions injured another. To test should the person is negligent with his actions is through checking how a reasonable person acts on the same situation. During the trial, the judge or the jury may ask a reasonable person what he should have done in the event of the accident. This enables the judge or the jury to compare what the defendant should have done in order to avoid the accident that caused the damages.

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Wed

08

May

2013

How to Prove Negligence?

Negligence measures the liability or responsibility of the offender to the victim. When the victim has the right to file for a claim due to the accident and injuries he or she suffered, it is hard to get the compensation because of many stipulations under the law before judging that the other party was really negligent.

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