Dog Bites and Personal Injury Law

Personal injury by definition means that there has been an injury to the mind, emotions or body; thus dog bite cases fit into the personal injury law category. Proving negligence is critical so finding a good lawyer is essential.

Dog bites happen most often because of the negligence of the owner of the dog. Most communities have leash laws and it is implied in the law that the owner has to have direct or indirect control of the dog at all times. If the dog is off leash then the owner should be able to control the dog in another way. Properly trained dogs will sit and stay either by voice or hand commands as improper training of the dog often leads to the dog being uncontrollable. Allowing repeated offenses, such as the dog escaping from a fenced in yard is clearly negligent.

Strict liability is on the owner of the dog. Often because of the owner's negligence, the dog will be taken away to be quarantined or in some cases to be euthanized. It is imperative that dogs be licensed in the community that they live in and their vaccinations are kept up to date. The fear of rabies is one good reason to make sure the dog is licensed and up to date on all shots that are required. A variety of lawyer referral services can assist in recommending local personal injury lawyers to assist clients as they prepare to bring lawsuit against the owner of the animal. A lawyer referral service in Los Angeles for example will show you how to locate a good Los Angeles dog bite lawyer to help in the dog bites case. The guardian of a minor or the person who is bitten will be the one meeting with the personal injury lawyer.

Finding a personal injury lawyer who has experience with negligence cases can be originated best through a referral services. Once you receive a name and phone number, it is important to meet face to face with the attorney, negotiate an hourly rate and obtain a written retainer agreement. Civil and criminal charges can be filed if the owner is aware of the dog biting previously. Once the owner becomes aware of previous infractions, they are strictly liable for the incident.

Some home owners, business and renters insurance will cover dog bites so it will be important for the owner of the dog to report the bite to their insurance company. Good lawyers educated in personal injury can help with this sometimes confusing process. If you are the person who has been bitten by the dog, go to your medical provider and get evaluated for any injuries that you have incurred.

About the Author

Free, California Bar certified personal injury lawyer referral service based in Los Angeles.

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What Scenarios Can Lead to Personal Injury Claims?

It is very easy to limit the scope of what constitutes personal injury and the remedies that are available to an injured individual. Most think that personal injury only includes actual physical harm done to a person's body, but in fact the scope of personal injury law is much broader then simply physical harm. Yes, most personal injury lawsuits do involve physical injury to a person or persons, but they can also involve emotional pain and suffering, damage to one's reputation, and financial injury as well.

For instance a personal injury lawsuit can contain a nuisance tort, which alleges that an injured party was denied the enjoyable use of their land or property. Say you bought a house and shortly afterwards a cattle ranch went in down the street that created a constant, unpleasant odor. This could not only be a hazard but certainly may interfere with the use and enjoyment of your property. This could be an example of a situation warranting a personal injury lawsuit.

Another example of a personal injury lawsuit would be a suit seeking damages based on product liability. For instance you bought a new dishwasher that had a leak in the bottom, which over time rotted the wood on your kitchen floor. This would be an example of financial injury caused by product defect and compensation could be sought through a personal injury lawsuit.

In the case of defamation the injury suffered to a person is intangible, unlike an actual physical injury, but nonetheless an injury that can be the subject of a personal injury lawsuit. If someone or some entity publicized a false statement about a person the written defamation could be used as the basis of a personal injury lawsuit. Also the statement that is used to harm one's reputation doesn't have to be in writing either. In the case of oral defamation or slander the damage can be just as severe with compensation awarded through a personal injury lawsuit to remedy the damage done to one's reputation.

About the Author

Obtaining legal assistance is critical if you or a loved one has suffered an injury due to the negligence of another party. In cases involving elder abuse, medical malpractice, product liability, and other situations, attorneys can help individuals and families protect their rights.

Article Source:- GoArticle

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Other Source of Information:- Personal Injury Claim | Personal Injury Attorney

What is Personal Injury Law?

Each year thousands of people suffer serious personal injuries in a wide variety of accidents resulting in countless hours of lost productivity and wasted money. When an accident occurs, someone is usually at fault. Personal injury law is a subset of tort law that allows you to bring a lawsuit against the individual or entity responsible for the injury in order to recoup some of those losses.

Automobile Accident Injuries

By far, the largest number of personal injury claims is made by car accident victims. Each year there are more than 300,000 injuries sustained in auto accidents in the United States. The most serious of those accidents that result in the preponderance of lost personal productivity and wages are due to traumatic brain injury and spinal cord injury. The costs of rehabilitation from those injuries are usually higher than is paid out by insurance. All too often the person who caused the accident is uninsured or under insured.

Slip and Fall Accidents

Another common category of accident are slip and fall or trip and fall accidents. These types of personal injury claims are filed against the owner of the premises who is liable for the injury. Whether the accident occurred on a construction site, a place of business, or a personal residence, the owner or tenant of that property is responsible to ensure reasonable safety for people on the premises.

Visitors in premises liability laws are defined in three categories: * Invited - This means that the person was invited, either, explicitly or implicitly onto the property to conduct business, such as a customer visiting a store. * Licensee - Social guests coming over to a personal residence are an example of a licensee. * Trespasser - This is someone who does not belong on the property. A trespasser may still have a claim in premises law if the owner did not take reasonable steps to ensure public safety.

Product Liability

Many injuries are caused by unsafe products. There are three different types of product defects that can cause personal injury.

* Design defect, the design of the product itself is flawed or dangerous. * Manufacturing defect, the product was assembled incorrectly, causing injury. * Marketing defect, improper warning labels, or instructions resulted in injury.

Liability for a defective product could lie anywhere along the chain from the manufacturer to the distributor of the product. Even resellers of defective products may be held liable under new laws overseen by the Consumer Product Safety Commission.

Medical Malpractice

A special subset of personal injury law pertains to medical malpractice. Some examples of medical malpractice include:

* Misdiagnosis, or failure to diagnose a serious medical condition * Delaying necessary care causing a worsened condition * Failure to treat an injury according to acceptable medical practice

The nation's medical abuses are kept in check by accurately prosecuting medical malpractice when personal injury occurs.


About the Author

To find personal injury lawyers in New York, please visit the website of Silberstein, Awad & Miklos P.C. to schedule an initial consultation.

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Personal Injury Law - Frequently Asked Questions (FAQs) About PI Lawsuits by Daniel Beasley

Personal injury law can be very difficult to navigate, which is why you need skilled legal representation if you want to file a lawsuit against a party that has harmed you. Below are some of the most frequently asked questions about personal injury law.

Do I really need a lawyer to file a personal injury lawsuit?

There is no law that says that you must have a lawyer in court, no matter what you're in court for. A lawyer, however, is someone who is trained to handle difficult legal situations and who knows how to navigate through the legal system better than a normal person could.

Will I have to pay the lawyer up front?

That depends on your lawyer. If a personal injury claim is not a strong one, the lawyer may ask for the fee up front. Or if you refuse to listen to the lawyer's advice and want to go a different route for the case, the lawyer may also request the funds up front. Most lawyers, however, will pay for the costs up front as long as their clients have a strong case and they believe that they can win it.

What is the typical process for filing a personal injury suit?

If you're hiring a lawyer, the first thing that usually happens is that the lawyer tries to negotiate with the insurance company of the other person or company. If this does not accomplish what the lawyer or you hope that it will, depositions will probably begin. A deposition is where your lawyer will question the other party and where their lawyer will question you. Witnesses may even be called in to answer questions. If you have an injury, you may have to be examined by another doctor. If nothing is settled, you will then go to court. This process can be stopped at any time if a settlement is reached between both parties.

Can I get a lot of money for my injury?

Every case is different, and there are a number of factors to consider when trying to estimate the amount of money you might receive from a personal injury lawsuit. If you have medical bills, for instance, you may only get enough money to cover the medical bills. A good lawyer will be able to give you an idea of the amount you may likely expect to receive for your injury and when you might expect to receive the compensation. It can be a long process, but well worth it in the end to be paid what you are rightfully owed.

About the Author

If you are facing complex legal issues, the advice of a >New York personal injury lawyer, Manhattan wrongful death lawyer, or medical malpractice attorney is critical. An experienced lawyer can evaluate your case and help you determine the best way to proceed with legal action.

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Product Liability Lawsuits - Legal Concerns and General Information by Daniel Beasley

If a manufacturing defect, a design defect, or a repair defect causes someone to get hurt, then a lawsuit can be filed for product liability. A lawsuit can also occur if someone gets hurt because someone else was doing inherently dangerous things.

Types of Product Liability

In law, there originally wasn't any concept of product liability. It was your business to be sure that you bought safe merchandise. The only way you could get help from a court was if you had a contract and the contract had been broken; you were also limited to just those people who had signed the contract. This changed over time because the courts wanted to be able to do something for people who had been hurt because of something they bought but who didn't have a contract. Now there are four different kinds of product liability.

- Negligence is defined by what a reasonably careful person would or wouldn't do. If someone causes one or more other people to be hurt, either by doing something or not doing something, and the court decides that a reasonably careful person wouldn't have acted or failed to act that way, then that is negligence.

- Breach of warranty means that when a vendor sells you something and makes a promise or claim about its quality or about the type of product you bought, those promises form a warranty.

- Misrepresentation means that a company either deliberately concealed possible harm that could occur if you bought a product or drew attention away from the harm. You have to prove that you relied on the company's misrepresentation.

- Strict liability happens when an action you took causes damage. If you do something dangerous and one or more people get hurt, strict liability says you are responsible even if you were being very careful. In addition, if people get hurt using a defective product, then everyone from the manufacturer to the retail store may be liable for that defect.

Reform

The amount of money awarded by the courts to people for product liability lawsuits has been huge. However, those lawsuits can be ruinous for the businesses that have to pay them. Some businesses have been working the political system in order to change the legal balance between the rights of businesses and customers so that the damages awarded will be limited or reduced.

About the Author

Sacramento product liability lawyers, personal injury attorneys, and real estate attorneys are familiar with the ins and outs of civil injury law. If you are interested in pursuing legal action against another party, speak with a lawyer to find out if you have a case.

Article Source:- GoArticle

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Other Source of Information:- Liability Law | Disability Law

Making a Personal Injury Compensation Claim

Life can be hazardous to your health! There has never been more people making a personal injury claim in the UK than ever before. Part of the reason is because more people are beginning to understand what qualifies as personal injury and are unwilling to stand by and allow their suffering to go unaddressed.

Personal injury encompassed a range of abuses such as physical or psychological injury from a car accident or tripping over paving stones, from a crime committed against you, injury from faulty goods, psychological damage from discrimination, illness caused by stress from an unhealthy environment and the list goes on. The injury may begin as minor and worsen over time, so it important to document the injury straightaway.

Should any injury befall you, regardless of the locale or circumstance, a report must be made. If it is a workplace or medical accident, follow proper procedure. In other cases, a police report would be appropriate. If possible, take photographs and ask witnesses for names and addresses. Documentation is imperative to any legal action; the more information you have to provide your solicitor, the better. Whether or not a compensation claim is your intention at the time, it is better to be prepared.

Seek immediate medical attention for your injuries and insist that all information be properly recorded and that you be provided duplicates. This information is invaluable for your compensation claim. Be certain to mention any pain you may have and return to hospital should any new pain develop over the course of the next several weeks.

Consult a solicitor as soon as possible. Bear in mind that there are time limits on filing personal injury claims. The sooner the compensation claim is made, the better. Information and witnesses will be fresh. Seek a solicitor with expertise you the field of your specific type of personal injury and interview until you find a good fit. Depending on the severity of your injury, your solicitor could secure monies to see you through in the interim of the case.


About the Author

Should you experience a personal injury, take care to protect yourself and your financial future by seeking out an experienced solicitor to guide you through making a compensation claim.

Work Accident Claims and Job Security

Author: Paul Plamer

Accidents can occur anywhere, even at work. What happens if one meets with an accident at workplace? Can people make work accident claims against their employer and also keep their jobs? If the accident causes a serious injury which prevents an employee from working, can he/she take a leave until fully recovered? Such questions are sure to bother anyone who has been involved in an accident at work.

People must not forget that it is the duty of their employer to establish a safe workplace environment and implement preventive measures like protective clothing, training and safety and maintenance of equipments. If any carelessness causes an accident at workplace, it is considered negligence on part of the employer and he/she is liable to face work accident claims filed against him/her.

Job security is the principal concern to anyone who is a victim of workplace accidents. However, one need not worry too much in this aspect. Firing an employee just because he/she has made a work accident claim is legally unjustifiable. Partiality or bias against such employees is also considered unfair.

By filing a work accident claim against an employer, one is not intending to find an alternative to settle personal differences. In fact, a claimant is highlighting the unsafe environment at the workplace which can potentially harm his/her colleagues.

When one suffers an injury at workplace, it is an accident which is not employee’s fault and is easily avoidable. A serious injury could even affect one’s ability to work again. Many people think that employers pay compensation from their pockets and therefore do not file work accident claims. Employers mostly have insurance for such claims which take care of their financial protection in such scenarios.

In a recent case of a work accident, a Chulmleigh based company was fined £85,000 after an employee died as a result of an explosion in their factory. The Extern Crown court expressed its sympathy towards the family of the 40-year-old victim.

The judge was quoted by North Devon Gazette: "This was an appalling tragedy and nothing I can do will put that right. I wish the court had the power to put the clock back and their feelings are at the forefront of my mind. There is nothing the court can do to redress that loss and it would be entirely wrong and impossible to do that by measuring the loss in financial terms.”

The employer pleaded guilty under ‘Health & Safety at Work Act’ and was subsequently fined. The Tiverton based man was welding on a coolant drum when the drum exploded and resulted in his death.

It is essential for people involved in accident at workplace to make work accident claims. One should take help of claims firms who hold expertise in handling such claims and guide victims properly regarding the steps involved in such process. It is an employer’s duty to provide a safe working environment and it is an employee’s right to make work accident claim without fearing that he/she will lose the job.

About the Author:

Find out how to make a no win no fee claim if you have been injured.

Article Source: ArticlesBase.com - Work Accident Claims and Job Security

Commercial Law Firms

Commercial law firms specialize in corporate issues and commercial transactions. They aid companies in preparing legal agreements for everyday business deals and settle corporate disputes. The cases taken up by commercial law firms fall under the jurisdiction of civil law. The lawyers involved in these firms have practical knowledge of issues relating to competition laws, limitations of liabilities and indemnities. Some commercial law firms have alliances with global law companies and cater to clients all over the world.

Commercial Law Firms: Scope of Work
A reputed commercial law firm will look into concerns, such as:
* Alteration in share capital
* Approval of share transfers
* Purchase of property or any asset above a certain price range
* Debt obligations above a certain amount
* Loans and mortgages
* Matters of inheritance in the occasion of death
* Sale and payment procedure of property price on the death or retirement of the owner
* Sale of shares and the subsequent rights and limitations involved
* Measures taken of overcome corporate deadlocks

Commercial Law Firms: Work Activities
The work activities of commercial law firms depend on the size of the firm, the specialist work arena and the type of clients. However, some typical work that a good law firm would engage in includes:

Client-focused functions

- This includes:
* Meeting clients on a regular basis
* Advising them about pertinent laws and their impact on their case/s
* Researching case histories to ascertain the accuracy of procedures
* Gathering relevant information on cases and preparing case materials
* Representing clients in courts, whenever required

Organizational development functions

- This involves:
* Negotiating with clients regarding work and contract agreements
* Scrutinizing all contracts prior to signing
* Supervising the implementation of various deals and agreements
* Coordinating work of all parties involved in specific cases
* Training junior team members
* Instructing advocates on ways of representing in courts
* Being up-to-date with changes and developments in law

The above mentioned functions, if performed with sincerity and tenacity, will guarantee professional growth along with institutional progress. Good commercial law firms blend professionalism with personalized attention and a promise of confidentiality. Melbourne-based Rosendorff Lawyers are one of the best commercial law firms in Australia, offering seamless commercial solutions for businesses of all types. For more information, visit www.rosendorff.com.au today.

About the Author

Business Law Firm - Rosendorff Lawyers is a Melbourne law firm based in Queens Road in Melbourne. Our tenacity, combined with our technologically advanced infrastructure, allows us to deliver seamless, commercial solutions.

Article Source: http://www.goarticles.com/cgi-bin/showa.cgi?C=2150022

10-year-old wins over £7m after professional negligence

A young boy has received over £7 million in compensation after he was left brain-damaged at birth following a medical blunder at an Oxford Hospital.

The case which was completed in mid-October this year, involves the child who is now 10-years-old, and has left him with no appreciation of danger, suffering violent temper tantrums and in need of around-the-clock care for the rest of his life, after he was starved of oxygen at birth.

The hearing at London's Royal Courts of Justice described the case of professional negligence, which led to the boy's current state and described that at is birth in February 1999 he had been unnecessarily delayed despite signs of foetal distress.

His mother was given excessive doses of Syntocinon - a drug used to induce labour - and there had been a "general failure" to monitor her condition," the court heard.

Largest medical payout

The Hospitals NHS Trust accepted liability for the case of medical negligence, marking one of the biggest medical payouts.

Last year, a total of £13.3 million was paid out for cases of clinical negligence involving the trust - almost double the £7.2 million it paid out in 2007.

Edward Faulks QC, the barrister representing the boy and his parents said that he had a normal life expectancy, but would never work.

The court heard how - despite being a "handsome and engaging little boy with a great zest for life" - he was aware of the differences between himself and his peers, and his limitations.

The settlement includes a £2.3 million lump sum and annual payments - starting at £75,000 and rising to £165,000 when he reaches the age of 19 - for life. The compensation will be settled by the NHS Litigation Authority.

Mr Justice Holroyde said that the boy's disabilities were down to "the negligence of the defendants medical and nursing staff in the management of his birth".

Proper care for the rest of his life

After the hearing, the mother-of-two said: "We have pursued this claim to ensure that my son is looked after and taken care of for the rest of his life.

"We are relieved the settlement has eventually been agreed and we will not have to worry about what will happen to him when we are no longer around.

She added that: "Caring for my son is both challenging, but also extremely rewarding, but we would have liked to have had the opportunity to see him grow up as a normal boy.

"We sincerely hope the health service will start to take note of their mistakes and instead of paying out millions in negligence claims, ensure sufficient numbers of suitably trained staff are available to stop these types of accidents occurring in the future."

Laura Carpenter, a spokesperson for the Trust, said: "The trust is deeply sorry for any distress caused to Harry and his family following his injury and hopes the settlement will assist Harry in achieving his full potential. The trust would like to wish him and his family well for the future."

The trust did not disclose whether the medical staff involved in the boy's case would face disciplinary action.

About the Author

Find out how to make a no win no fee claim if you have been injured.

Source:- GoArticles