usa-personal-injury-attorney

A personal injury lawyer

2013-03-28T14:36:00.002-07:00

A personal injury lawyer is a lawyer who provides legal representation to those who claim to have been injured, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity.

Thus, personal injury lawyers tend to be especially knowledgeable and have more experience with regard to the area of law known as tort law, which includes civil wrongs and economic or non-economic damages to a person’s property, reputation, or rights. Even though personal injury lawyers are trained and licensed to practice virtually any field of law, they generally only handle cases that fall under tort law including, but not limited to: work injuries, automobile and other accidents, defective products, medical mistakes, slip and fall accidents, and more.

The expression "trial lawyers" can refer to personal injury lawyers,[citation needed] even though most cases handled by personal injury lawyers settle rather than going to trial and other types of lawyers, such as defendants' lawyers and criminal prosecutors, also appear in trials.

Isang personal na pinsala abogado ay isang abogado na nagbibigay ng legal na representasyon sa mga na-claim na nasugatan, pisikal o psychologically, bilang isang resulta ng kapabayaan o pagkakamali ng ibang tao, kompanya, ahensiya ng gobyerno, o iba pang entity.

Kaya, ang mga personal na pinsala abogado malamang lalo na kaalaman at may higit pang karanasan tungkol sa lugar ng batas na kilala bilang sibil na salarin batas, na kinabibilangan ng mga sibil wrongs at ekonomiya o hindi-pang-ekonomiya na pinsala sa ari-arian ng isang tao, reputasyon, o mga karapatan. Kahit na personal na pinsala abogado ay sinanay at lisensyado upang magsagawa ng kahit anong larangan ng batas, sila sa pangkalahatan lamang ang mga kaso na mahulog sa ilalim ng sibil na salarin batas kabilang ang, ngunit hindi limitado sa: trabaho pinsala, sasakyan at iba pang mga aksidente, mga depekto produkto, mga medikal na pagkakamali, slip at mahulog ang mga aksidente, at higit pa.

Ang expression "abogado trial na" Maaari sumangguni sa mga personal na pinsala abogado, [pagsipi kailangan] kahit karamihan ng mga kaso mapangasiwaan sa pamamagitan ng personal na pinsala abogado manirahan kaysa sa pagpunta sa pagsubok at iba pang mga uri ng mga abogado, tulad ng mga defendants 'Mga abogado at mga kriminal prosecutors, lilitaw rin sa pagsubok.

En personskade advokat er en advokat, der yder juridisk repræsentation til dem, der hævder at være blevet såret, fysisk eller psykisk, som følge af forsømmelighed eller forseelser af en anden person, virksomhed, offentlig myndighed, eller en anden enhed.

Således personskade advokater tendens til at være særligt vidende og har mere erfaring med hensyn til det retlige område er kendt som erstatningsret, som omfatter civile uret og økonomiske eller ikke-økonomiske skader på en persons ejendom, omdømme eller rettigheder. Selvom personskade advokater er uddannet og har licens til at praktisere stort set alle områder af loven, er de generelt kun behandle sager, som falder ind under erstatningsret herunder, men ikke begrænset til: arbejdsskader, bil og andre ulykker, defekte produkter, medicinsk fejl, slip og falde ulykker, og meget mere.

Udtrykket "retsadvokater" kan henvise til personskade advokater, [redigér] selv om de fleste tilfælde behandles af personskade advokater bosætte snarere end at gå til forsøg og andre typer af advokater, såsom tiltaltes advokater og kriminelle anklagere, optræder også i forsøg.

Personal Injury Law & Information

2011-01-16T07:04:00.000-08:00

Getting Legal Help

Do you need to hire a personal injury lawyer? How do you find a lawyer to handle your case?

Personal Injury Law - Negligence Cases

What is negligence? What are the common personal injury cases brought on a theory of negligence? What do you have to prove to recover damages?

Personal Injury Law - Intentional Torts

Sometimes somebody will have hurt you on purpose. What are the special difficulties of bringing a lawsuit for an intentionally caused injury?

Medical Malpractice Law

Medical malpractice cases are among the most costly and difficult for both the injury victim and the plaintiff's attorney. What are the common injuries which lead to malpractice litigation?

Product Liability Law

When you are injured by a defective product, how do you establish that the manufacturer or distributor should be liable for your injury? What about defective drugs and medical devices? What about dangerous toys and products for children?

Workers' Compensation

What is worker's compensation? How is a worker's compensation claim different from a personal injury lawsuit? Is it possible to have both a workers' compensation claim and a personal injury claim?

The Injury Lawsuit

What happens after you file a lawsuit? What is a deposition? What happens when the defendant demands that you be examined by a doctor?

Settling Your Case

Should you expect your personal injury lawsuit to settle? What type of damages are you likely to receive in a settlement?

Going to Trial

Sometimes you have to go to trial. Sometimes you will want to go to trial. What special issues will you face if you have to try your case before a judge and jury?

Legal Remedies

2010-11-26T11:05:00.000-08:00

I was injured in an accident. How are damages computed?

In a personal injury case, compensatory damages typically can cover all economic losses caused by the injury, including past and probable future medical expenses, loss of the earnings that you would have earned "but for" the injury, and, if the disability is permanent, the loss of future earnings through retirement. For children and persons without an earning history, courts often take into account probable earning capacity. In addition to economic loss, you may also be entitled to be compensated for non-economic losses, such as pain and suffering, emotional anguish, and loss of enjoyment of life.

Courts award damages in a single lump sum. The portion of the award that relates to potential future income and future medical expenses is often "discounted" to take into account the interest income that could be expected to be earned on the sum. Depending on the state you are in, the potential of future inflation, and the tax-free nature of compensatory damages may also be taken into account.

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Louisiana , Jefferson Parish ,

2010-11-20T22:03:00.000-08:00

Alan F Kansas atty

1743 Stumpf Boulevard, Terrytown, LA

(504) 361-3133

BLAINE M HEBERT

1331 Barataria Boulevard, Marrero, LA

(504) 348-3217

Law Office Information:
Representation
Accidents|Auto Accidents|Wrongful Death
24-Hour Service
Does not accept credit cards.

Bowman & Howley Attorneys

629 Lafayette Street, Gretna, LA

(504) 367-4842

Brothers Jeffrey

230 Huey P Long Avenue, Gretna, LA

(504) 367-9001

Law Office Information:
Representation
Accidents|Auto Accidents|Real Estate
Guarantees
Does not accept credit cards.

Clement P Donelon Attorney At Law

3900 North Causeway Boulevard, Metairie, LA

(504) 887-0077

Law Office Information:
Employers Representation|Personal Injury|Personal Injury & Property Damage|Property Damage
Does not accept credit cards.

Connie S Montgomery Attorney

1403 West Esplanade Avenue, Kenner, LA

(504) 464-7000

Diana E Velez

3445 North Causeway Boulevard, Metairie, LA

(504) 831-0946

Elias Miguel Attorney At Law

2301 Williams Boulevard, Kenner, LA

(504) 469-3300

Fanning Patrick Attorney

238 Huey P Long Avenue, Gretna, LA

(504) 368-7888

George W Healy

2224 25th Street, Kenner, LA

(504) 524-3223

Hispanic Legal Center

3814 Williams Boulevard Suite 9, Kenner, LA

(504) 467-7077

Law Office Information:
Personal Injury|Personal Injury & Property Damage|Property Damage
Does not accept credit cards.

JACK E CHAPPUIS JR

401 Whitney Avenue, Gretna, LA

(504) 362-2466

James H Roan Jr

1001 Westbank Expy, Gretna, LA

(504) 366-7150

Jay M Napolitano

3501 North Causeway Boulevard Suite 300, Metairie, LA

(504) 366-3099

John C Bono Professional Law Corporation

3801 North Causeway Boulevard Suite 206, Metairie, LA

(504) 835-9909

John W Robinson atty

101 Pailet Drive, Harvey, LA

(504) 362-6214

Julie Ardoin Limited Liability Company

2200 Veterans Memorial Boulevard Suite 210, Kenner, LA

(504) 305-2375

Kathryn S Talbot Attorney At Law

1601 Belle Chasse Hwy, Terrytown, LA

(504) 393-7004

Kirkpatrick And Associates

401 Whitney Avenue, Gretna, LA

(504) 361-3290

Lauren A Welch atty

3445 North Causeway Boulevard, Metairie, LA

Liliana L Stephens Attorney At Law Limited Liability Company

2001 Veterans Memorial Boulevard, Kenner, LA

(504) 712-4747

McCranie Sistrunk Anzelmo Hardy Maxwell & McDaniel

3445 North Causeway Boulevard, Metairie, LA

(504) 831-0946

Law Office Information:
Employers Representation|Insurance Law|Malpractice
Insured
Does not accept credit cards.

Molaison Law Firm

500 Huey P Long Avenue, Gretna, LA

(504) 366-4336

Law Office Information:
Estate Planning|Trusts
Does not accept credit cards.

Morice Law Firm

12 Westbank Expy, Gretna, LA

(504) 263-5297

Philip A Dominique atty

3445 North Causeway Boulevard, Metairie, LA

(504) 831-0946

Raylyn R Beevers

210 Huey P Long Avenue, Gretna, LA

(504) 361-4287

Regional PCA Orleans Jefferson Limited Liability Company

4520 Wichers Drive, Marrero, LA

(504) 341-9290

Ronald J Vega

3329 Floororida Avenue Suite 100, Kenner, LA

(504) 469-6699

Roy M D'Aquila

3329 Floororida Avenue, Kenner, LA

(504) 469-6699

Rue Stephen

3309 Williams Boulevard, Kenner, LA

(504) 443-2400

Ruppenicker George

2325 Manhattan Boulevard, Harvey, LA

(504) 362-3861

Stephen V Vallot

908 Williams Boulevard, Kenner, LA

(504) 469-4358

Timothy P Farrelly

2310 Metairie Road, Metairie, LA

(504) 828-3313

Todaro & Montgomery Law Office Of

909 West Esplanade Avenue Suite 202, Kenner, LA

(504) 467-4449

Toledo Marina

4217 Williams Boulevard, Kenner, LA

(504) 467-4787

Law Office Information:
Immigration
Does not accept credit cards.

Trapani Claudia

1743 Stumpf Boulevard, Terrytown, LA

(504) 367-7700

Vazquez J Cesar A Professional Law Corporation

909 West Esplanade Avenue Suite 202, Kenner, LA

(504) 465-0908

WALTZER & ASSOCIATES ATTORNEYS AT LAW

3715 Westbank Expy Suite 13, Harvey, LA

(504) 340-6300

Law Office Information:
Personal Injury|Personal Injury & Property Damage|Property Damage
Does not accept credit cards.

William J Scheffler III

620 Adee Ln, Gretna, LA

(504) 433-8770

Law Office Information:
Notary
Estate Planning|Real Estate
Does not accept credit cards.

Williams Gaynell Attorney-at-law

310 Huey P Long Avenue, Gretna, LA

BOONE COUNTY ATTORNES, ILLINOIS

Personal Injury - What is a tort?

2010-11-18T13:49:00.000-08:00

A tort is a private or civil wrong or injury (other than breach of contract) for which a court of law may provide a remedy through a lawsuit for damages (compensation). When a person violates his/her duty to others created under general (or statutory) law, a tort has been committed.

The four elements present in a typical tort lawsuit are:

(1) The existence of a legal duty owed by a person to others

(2) The breach of the duty by one person (negligence)

(3) The breach of the duty being the proximate cause of damages suffered by a person

(4) Damages incurred by a person.

Each of the four elements of a tort typically must be present to be compensated.

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Personal Injury Law FAQ

2010-11-12T14:49:00.000-08:00

A personal injury can result from negligence, auto accident or medical malpractice. If you are a victim of personal injury then you can file a personal injury lawsuit against the negligent individual or authority. Personal injury law provides financial compensation to help the victims of personal injury to recover from their losses. However, if you are planning to file a personal injury lawsuit then you must familiarize yourself with various issues involved in filing a personal injury lawsuit. 1. Is there any time limit to file a personal injury lawsuit? Yes, indeed there is a time limit within which you must file your personal injury lawsuit. This time limit is known as SOL or Statute of Limitations. Every single U.S state has its own Statute of Limitations. If you are a victim of personal injury within US then you should read Source : onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);” http://personal-injury.hi5lawyers.com/US/” US Personal Injury Law US Personal Injury Statute of Limitations . If your State’s Statute of Limitations has expired then you cannot file a lawsuit. Therefore make sure to file your lawsuit within the Statute of Limitations of your State. 2. What sorts of damages which can be claimed under Personal Injury Law? Personal injury law provides compensation for various types of personal injuries including conscious pain, suffering and trauma.

In case you have suffered some additional damages such as damage to vehicle/property, then it is covered as well. 3. How can I win my case? If you are filing a personal injury lawsuit it is best to hire a personal injury lawyer. Most of the personal injury lawyers work on contingency basis where you are not required to pay anything before hiring a lawyer. Your lawyer will only receive a percentage of amounts from the final compensation amount if he/she wins your case. Most of the defendant’s hire aggressive defense lawyers who work for the best interest of their clients. Therefore it is best to consult a personal injury lawyer. Your injury lawyer will help you steer clear of any complications arising out of your personal injury lawsuit. A personal injury lawyer will help you receive justice and compensation you deserve.

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Personal Injury Lawsuits Learn about compensation, settlements and hiring a personal injury lawyer

2010-10-19T12:47:00.000-07:00

Personal injury lawsuits cover a wide spectrum of injuries and accidents, including car accidents, toxic exposure and poisoning, defective products and other legal issues. In this section, you will find information on these areas as well as many of the other most common personal injury claims. If you have recently been injured due to another party's negligence, this information will be very useful to you.

Personal injury laws are affected by a variety of complex federal and state laws. These laws are designed to protect the individual from the negligence or deliberate harm of others and to provide recourse in the event of injury. Because these laws vary from state to state, they can be very difficult to interpret, particularly during a traumatic situation. A personal injury attorney can help you determine your legal rights, give you examples of personal injury settlements and give you an idea of your chances of receiving compensation for your losses.

Some of the civil wrongdoings that can result in personal injury, such as assault and battery, are also considered criminal acts. In these cases, a separate criminal proceeding may take place to address the criminal charges. A personal injury lawyer can help you file a claim for compensation regardless of whether the defendant in the criminal proceeding is found guilty. If you or someone you know has been injured due to the negligence or deliberate malice of others you should contact a personal injury attorney immediately to determine your legal rights.

Areas of Personal Injury Law

Motor Vehicle Accidents. More than 42,000 people died in motor vehicle accidents in 2006, according to the National Highway Transportation Safety Administration. In fact, motor vehicle accidents, which include car, bus, and boating accidents, are the leading cause of death among Americans between the ages of 2 and 34.

Negligence or carelessness is often the cause of motor vehicle accidents, with distracted drivers accounting for an estimated 80 percent of automobile accidents. Distracted behaviors such as texting and driving accidents are very closely associated. To learn more, visit our section on motor vehicle accidents. If you or someone you know was hurt in a car accident or other incident involving moving vehicles, you should consider speaking with a personal injury lawyer.

Industrial Accidents. Industrial accidents can lead to serious health problems. Many people have been exposed to dangerous chemicals such as benzene, which can cause cancer, bone marrow toxicity and other ailments. To learn more about dangerous substances released in industrial accidents, contact the U.S. Environmental Protection Agency (EPA) Safe Drinking Water Hotline at (800) 426-4791. To learn more about personal injury settlements related to

industrial accidents, you can speak with a personal injury lawyer. Toxic Exposure and Poisoning. Toxic exposure occurs when people are exposed to toxic chemicals or materials such as asbestos. Astonishingly, only a fraction of the 75,000 chemicals that are registered with the EPA have undergone adequate testing to assess potential health risks.

Manufacturers in several industries produce chemicals or other materials that can be dangerous

to human health. Over the years some of these companies have been found guilty of negligence. Mesothelioma cancer is a disease caused by exposure to asbestos and has caused many deaths. A number of companies have been found negligent in these deaths. Lawyers have been able to obtain compensation for medical expenses and loss of livelihood for these victims and their families. The area of law that governs toxic exposure is known as toxic tort, and these cases are handled by personal injury attorneys. Defective Drugs. Defective d

rugs have side effects that can harm people. While drugs undergo extensive clinical trials and the FDA recalls those that are considered dangerous, some drugs are found to be dangerous even after release to the public.

Pharmaceutical companies that knowingly withhold information regarding a drug's potentially harmful effects may be held liable in a court of law. FDA approval does not absolve a drug company of its responsibility to inform consumers and their physicians of a drug's dangerous potential. Drugs that may be defective include Vioxx, Fen-phen and Paxil. If you have taken any of the drugs that have been recalled and have suffered an injury, contact a defective drug lawyer immediately.

Defective Products. A defective product poses an unreasonable risk of causing harm to consumers. Products that have been found defective include certain types of airbags, seatbelts, tires and medical devices, as well as consumer products such as appliances, clothing and toys.

Product manufacturers are held to strict liability standards. This means that the plaintiff in a defective products case need not show negligence or intentional wrongdoing on the part of the manufacturer. Proving that the product is defective and that the plaintiff was harmed is usually sufficient to win the case.

Birth Injury. A birth injury is a physical injury that takes place during the birth process. Due to advances in technology, birth injuries have decreased significantly over the past few decades. Nonetheless, mistakes still occur due to negligence, and sometimes they lead to birth injuries.

Doctors and hospitals are required to order the appropriate tests, treat conditions that affect the health of the child and take precautions during childbirth. A doctor's or hospital's failure to perform these tasks may be considered an act of negligence in a court of law. To learn more, refer to our section on birth injury or contact a birth injury lawyer to determine your legal rights.

Traumatic Brain Injury (TBI). Traumatic brain injury refers to sudden physical trauma to the brain. Each year, a staggering 1.5 million Americans suffer traumatic brain injuries, and 52,000 die. Car accidents are the leading cause of TBI. Other causes include sports, slips and falls and, sadly, child abuse.

As with victims of other types of personal injury, victims of traumatic brain injuries that occur due to negligence or willful wrongdoing (and their families) are sometimes able gain compensation for pain and suffering, medical expenses, loss of income and other expenses associated with the incident. If you know someone who suffered a traumatic brain injury in a car accident or other tragedy, read our section on TBI and contact a personal injury lawyer immediately.

Wrongful Death. Wrongful death lawsuits are brought on behalf of individuals who died as a result of another person's negligence or wrongful actions. Only the executor of the decedent's estate can file suit, and only designated distributees can receive compensation.

Statutes of limitations vary from one to three years, depending on the state. Therefore, if someone you love was killed in a car accident or other tragic situation due to someone else's actions, it is very important that you contact a personal injury lawyer immediately. Your lawyer will help you interpret your state's guidelines, provide you with examples of settlements, and determine your legal recourse. For more information, refer to our section on wrongful death.

Animal Bites. Domestic animals are responsible for the vast majority of animal bites in the United States. While many dogs are well-behaved, they are involved in far more biting incidents than any other animal. Each year, approximately 4.7 million people are bitten by dogs, according to the Centers for Disease Control. Although very few people die from dog bites, around 800,000 seek medical attention each year, and over half of them are children. In fact, children between 5 and 9 years of age are affected more than any other age group.²

Not surprisingly, 50 percent of animal bites occur on the owner's property, and many states have passed laws to punish owners who put others in danger by keeping aggressive dogs within close proximity to other people. In one-third of states, dog bites fall under strict liability, meaning that the owner may be held liable regardless of whether he or she is guilty of negligence or intentional wrongdoing.³

Aviation Accidents. Air travel is very safe, especially compared with other modes of transportation. Over the years, the Federal Aviation Administration and National Transportation Safety Board have been very successful in promoting safe air travel. However, emergency landings and other emergencies are actually quite common, and occasionally accidents occur. These mishaps are usually due to human error or mechanical problems. If you or a loved one has been harmed in an aviation accident, you should contact a personal injury attorney to help you determine if you are entitled to compensation.

Assault and Battery. Assault and battery are offenses in both the criminal and civil law arenas. In a criminal case, assault and battery are often part of a single case. However, in civil matters they are separate. Assault is an attempt to physically harm another person, and battery is the actual infliction of harm. In addition to having the perpetrator locked up, victims of assault and battery may be able to collect damages for medical expenses, pain and suffering and other expenses. A personal injury attorney can help you obtain the compensation that you are entitled to.

Personal Injury Lawyers

Because personal injury encompasses so many areas of law, some personal injury lawyers specialize in only one area, such as mesothelioma or defective products. Other firms practice in all areas of personal injury. If you or someone you love has been harmed due to the negligence or wrongful actions of another person, you may want to consider hiring a personal injury attorney

About personal injury

2010-10-03T08:41:00.000-07:00

Arizona Attorney

A personal injury refers to any physical or psychological harm caused by the negligence, recklessness or intentional harm of another person or entity. A personal injury can be a devastating event — physically, emotionally and financially, however it doesn’t have to be. If you or someone you love is suffering from a personal injury you may be eligible to file a personal injury lawsuit to recover damages.

Common Causes of Personal Injuries Personal injuries can occur in a wide range of accidents; however leading causes of personal injuries can be attributed to:

-Car accidents
-Trucking accidents
-Motorcycle accidents
-Construction accidents
-Work accidents
-Premises liability
-Slips and falls
-Birth defects
-Nursing home abuse
-Child abuse
-Defective products
-Prescription errors

What is an ‘intervening cause’?

2009-10-22T15:18:00.002-07:00

An intervening cause comes between one act (or failure to act) which alters the natural and continuous series of events that follows. When an intervening cause is present, since the natural chain of events have been changed due to the subsequent act of another, the initial actor may be relieved of the responsibility for an injury that is produced. In the example provided for proximate cause, the act of the stranger picking up the ball and throwing it through the window is an intervening cause which relieves you from the responsibility for injury which may have occurred as a result of your act. The responsibility for the injury to the lady is shifted and the stranger's act becomes the proximate cause for the lady's injury.

What is ‘proximate cause’?

2009-10-22T15:18:00.001-07:00

Proximate cause is the initial act which sets off a natural and continuous sequence of events that produces injury. In the absence of the initial act which produces injury, no injury would have resulted. Any time you act, you start a series of natural and continuous events to occur (for example, after swinging your arm with a ball in your hand, you release it and the ball then rolls down a hill).

Responsibility for injury lies with the last negligent act that produces the injury (after the ball rolls down the hill, a stranger picks it up, throws it through a window which breaks the glass, causing the glass to shatter and strike a person who was sitting next to the window, cutting her arm and requiring her to obtain medical treatment). In this example, although you caused the ball to roll down the hill, your act is not the proximate cause of the injury to the lady sitting next to the window, the stranger's act is the proximate cause of the lady's injury and the stranger, not you, should be held responsible for the injury that she suffered.

What is negligence?

2009-10-22T15:17:00.002-07:00

A person is negligent when he or she fails to act like the standard ordinary reasonable person. Of course the critical issue in many cases is just how an "ordinary, reasonable person" was expected to act in the particular situation that caused the injury.

For example, an ordinary, reasonable person can travel down the Interstate, which has a posted speed limit of 65 miles per hour, at 65 miles per hour. However, if dense fog is present, the same ordinary, reasonable person would be expected to reduce his/her speed of travel. Suppose someone plows into your car while she was driving at 55 or 45 or 35? Would that be what the standard ordinary reasonable person should have done?

The determination of whether a given person has met his/her "ordinary reasonable person" standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.

What is ‘strict liability’?

2009-10-22T15:17:00.001-07:00

Strict liability is a legal doctrine that makes some persons responsible for damages their actions or products cause, regardless of any "fault" on their part.

Strict liability often applies when people engage in inherently hazardous activities, such as doing "blasting" in a city, or keeping wild circus animals. If the blasting damages you -- no matter how careful the blasting company was -- it is liable for the injury. Similarly if the animals escape and injure someone, the fact that the circus used the world's strongest cages and the highest standard of care imaginable will not let it get off the hook.

Strict liability also may apply in the case of certain manufactured products. In strict product liability, typically anyone who is engaged in the stream of commence of the product (from the manufacturer to the wholesaler to the retailer, or all of them) can be held responsible if the product was defective and someone was injured. There is no need to prove negligence but the injured party must prove that the product was defective.

Defective products may be the result of bad manufacturing for the failure to provide adequate instructions for the use of the product. Those engaged in the stream of commerce with respect to products should reasonably foresee that some people will misuse the product and should design the product so that injury does not occur.

Disclaimers and waivers of liability for products are often invalidated by courts as against public policy (courts should not condone the manufacture and distribution of defective products) and typically warranties are limited so that manufacturers and retailers are held responsible for personal injuries caused by the use of the product.

Personal injury

2009-10-22T15:15:00.000-07:00

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Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property.The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another.

The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititis, and repetitive strain injury cases. If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from that party. In the United States, this system is complex and controversial, with critics calling for various forms of tort reform. Attorneys often represent clients on a "contingency basis," in which the attorney's fee is a percentage of the plaintiff's eventual compensation, payable when the case is resolved. Oftentimes, having an attorney becomes essential because cases become extremely complex, such as in medical malpratice cases. In England and Wales, under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be commenced within 3 years of the date of the accident, failing which the claimant will lose the right to bring his or her claim. However, injured parties who were under the age of 18 at the time of their accidents have until the day prior to their 21st birthdays to commence proceedings.

A court has the discretion to extend or waive the limitation period if it is considered equitable to do so.[1] Legal Aid for personal injury cases was largely abolished in the late 1990s and replaced with arrangements whereby the client would be charged no fee if her or his case was unsuccessful (known as No win, no fee). No win no fee is the term used to describe the Conditional Fee Agreement (CFA) between a law firm and their client. In a Personal Injury claim, this is an agreement between the client and their lawyer, which will enable the lawyer to take on a personal injury case on the understanding that if they lose the case, the client will not have to pay their lawyer’s costs.

However if the lawyer wins the case they will be entitled to their standard fee plus an uplift referred to as a success fee. In English law, the success fee cannot be greater than 100% of the lawyer’s standard fee.

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2009-10-18T06:54:00.000-07:00

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Personal injury law

2009-10-01T15:55:00.000-07:00

:: Personal injury claims

:: Personal injury law

:: Personal injury lawsuits

:: Personal injury settlements

:: Personal injury lawyers

Brain Injury

2009-10-01T15:54:00.001-07:00

:: acquired brain injury

:: brain injury

:: brain stem injury

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Types of Personal injury

2009-10-01T15:46:00.000-07:00

:: Auto Acciden t - Millions of auto accidents occur each year, injuring people and damaging property. Where a matter is very minor, many people file the needed reports with the police or DMV, tell their insurance companies, and go on with their lives, paying the losses out of pocket. But all too often the matter is not minor, and can cost you significant amounts of money and significant personal sacrifice or pain

:: back injury - Even in what seems to be relatively minor accidents people can injure their neck and back. The force generated by an accident forces the spine forward and backward, or side to side. This can tear and stretch muscle, resulting in painful injuries.

:: burn injury - A burn injury is a leading cause of unintentional death in the United States, surpassed only by vehicle crashes and falls. The leading cause of death among children ages 14 years and younger is from accidental deaths, with burn injury being one of the five leading causes of accidental injury. A burn injury can be caused by hot liquids, flames, chemicals or electrical sources and can be a lot more serious than initially believed, affecting various functioning.

:: bus accident
:: Back and Neck injury
:: Boating Accident
:: Car Accident
:: Construction Accident
:: Crush Injury

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