Showing posts with label Personal Injury Law. Show all posts
Showing posts with label Personal Injury Law. Show all posts

Tuesday, February 16, 2010

What is Liability Law in Los Angeles California

Liability simply means ‘fault’; however it could be define as, “the person who has done something wrong to another person is liable for the injury cause to that person” e.g. in an automobile accident, the person due to whose mistake the accident occurred, through action or omission, would be liable for the injured party. The Liability insurance also made to cover the expenses caused due to the accident. Liability insurance takes the responsibility of injured party and provides medical expenses, damage to the vehicle or other property as well as attorney’s fees. However, the liability coverage has very extensive area and it also includes emergency aid, loss of income compensation, funeral expenses, and bail bonds.

Nevertheless, if injuries caused to the person in this case, for liability insurance, the areas of liability law must relevant to personal injury cases. So, those injured people adequately get compensations. Liability law has very wide area includes almost all the case of personal injury and as well as other related to it.

Some other examples of liability law are –

Landowner Liability Law - if a person living on rent gets injured due to slips, falls or any sort of accidents due to faulty construction then under landowner liability law, landowner liable for this.

Products Liability Law – if any person gets injured due to defective and dangerous products, the concerning person would be liable for this injury under products liability law.

However, there are some other offenses come under the Strict Liability. As name has been given strict liability offense, under this law, the person who is at fault has to give the compensation to injured person in any condition. No matter, the defaulter how much tried to put himself/herself into safety. Therefore, the under strict law, the defendants will be punished in spite of, they were genuinely ignorant of one or more factors that made their acts of omissions.

It means that they are punishable in spite of of the company's intention. In other words, it does not matter in a court of law if a manufacturer tried their very hardest to make a safe product. No matter how much effort was put into safety, the company will be liable if the product caused harm.

Normally, a case of strict liability includes the product liability cases. However, your strict liability attorney may intellect enough to think that you may have a stronger strict liability. Before filing a lawsuit against a company for the negligence, if you consult a strict liability attorney Los Angeles, California means now your strict liability attorney will be handling the case very intelligently and will establish the relationship between the company's negligence and the injury caused to you very well.

More often, companies that ignorant of industry safety standards or do not follow proper manufacturing guidelines cause injury. Hence, a good strict liability attorney will have sufficient knowledge and experience to identify the negligent behavior that is to blame for your injury.

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Tuesday, December 15, 2009

Personal Injury Law Practice - Why You Need a Business Plan Before Setting It Up

While it is true that starting a personal injury law practice is difficult because it requires you hard work and a lot of expenses, such situation can be minimized through a business plan. Linda Pinson, author of the book "Anatomy Of A Business Plan" cites the following reasons why you need a business plan in setting up an office:

1. To serve as guide - A business plan is your blueprint in confronting the realities related with starting your personal injury law office. It also gives you a clear idea of your goals and objectives, potentials, strengths, weaknesses and opportunities. It will guide you with the tools to analyze and implement changes that will make your personal injury law practice profitable.

2. As documentation for financing - Capital is very essential in starting up a personal injury law office, through business plan details you will able to forecast how much you will invest to further the practice' goals and increase it's profits.

The book "Flying Solo" by K. William Gibson and Redi F. Trautz says that "every firm - large and small - should think strategically about its goals and objectives." If you plan to go solo in your personal injury practice, "going through the process of developing a business plan requires a great deal of strategic thinking on your part." Your business plan should be based on your particular needs and the needs of your practice. An apprenticeship in a personal law firm will give you an overview of the issues, payroll, marketing, case management and billing required in your practice.

An effective business plan is an organic document. You should always have it ready in your computer and change it whenever necessary. As you progress in your practice, you will find that your business plan becomes more refined. If in case you notice that you cannot keep up with your business plan, ask yourself: is the plan unrealistic or you are just not interested in doing what needs to be done?

K. William Gibson specifies the following elements comprising a good business plan:

1. A description of the kinds of services you intend to offer

2. A statement of the location (s) where you plan to offer your services

3. A description of your target market

4. A projection of anticipated revenue and operating expenses

5. A statement of personal resources that you intend to commit financing the personal injury law practice.

6. Statements detailing your personal worth - assets and liabilities.

In addition, you need to seek guidance before drafting your business plan from the following:

1. Certified Public Accountant - You might consider loaning a capital to start your law practice, the involvement of an accountant gives your business plan immediate credibility with potential lenders. Your CPA will make sure that your business plan is in proper form and makes sense. He or she will also tell you exactly what you need to do to comply with the rules and regulations of the Internal Revenue Service and other government entities.

2. Bar Association Practice Management Advisors - Practice advisors are usually former practicing lawyers or law office administrators that had experienced everything you are about to step into.

3. Established Personal Injury Lawyers - Mentoring from experienced personal injury lawyers will be essential in forecasting the potential out-of-pocket costs involved in personal injury cases. An experienced lawyer might even share with you the names of vendors and experts with whom you can work in the future.

About the Author

Boris Chistyakov has been writing articles for 2 years. He specializes in various topics. His recent discontinued ceramic tile website has latest post about cheap ceramic tile



Article Source:- GoArticle.com

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Other source of Information:- Personal Injury Attorney

Thursday, December 3, 2009

Tips For Finding A Good Los Angeles Personal Injury Attorney

Tips For Finding A Good Los Angeles Personal Injury Attorney by Alon Darvish

Finding a Los Angeles Personal Injury Attorney after an injury or accident can impact whether or not you will be able to get a settlement. The settlement that you receive will be compensation for treatment and any losses that occur as a result of the injury. Without an attorney, many people find this is a very difficult and complex process.

Selecting an attorney that will be able to represent you best will require some time and research. The attorney should specialize in the short term and long term effects of the injury and know the costs for long term treatment.

There are many instances when severe injuries are not identified until long after an injury or accident occurs. In some cases, the individual has signed a waiver or waited too long to file a case to receive treatment. Even when you don't think you have been injured severely, it is important to get the advice of an attorney.

There are many instances when a person slips and falls in a public place or office building that they are asked to sign a liability waiver immediately after the fall. This is an important time to get an attorney before signing any paperwork. In some cases, the staff will try to pressure the injured person into signing the waiver, but this is not wise without first getting legal advice.

When you are interviewing an attorney, it will be helpful to focus on attorneys that are very knowledgeable about the injury. The attorney will be able to discuss both the short term and long term effects of the injury and what you can expect. They will be able to talk about the amount of money that may be required for long term treatment.

There may be expenses involved after you select the attorney. In most cases the attorney will have you see an independent specialist to determine the extent of the injury. There may also be costs for treatment or therapy that will not be covered by insurance. These costs will not be paid until the settlement has been agreed to.

Talking to the attorney about the budget that is available for treatment will be helpful. In most cases the attorney will be able to talk to treatment providers and get costs defrayed until the settlement of the case. The attorney will also be able to advise you of options that may be available to get treatment or financial assistance to defray the costs of treatment.

Many personal injury attorneys charge a percentage of the settlement as their fee. This is called a contingency fee. The percentage can vary among attorneys and it is important to find out what their contingency fee will be before committing to the attorney. In some cases there are additional expenses added to the contingency fee such as phone calls, copying, etc. Finding out what the total fees will be in addition to the contingency will help you to select the Los Angeles Personal Injury Attorney that will best meet your needs and requirements.

If you were recently in a car, you may want to get an Auto Accident Attorney. There is a good Los Angeles Personal Injury Attorney waiting for you visit.

About the Author

Alon Darivsh is a Los Angeles Personal Injury Attorney located in Beverly Hills, California. This article discusses the ways to find a personal injury attorney in Los Angeles if you have been injured by someone's negligence. If you have been involved in a car accident, motorcycle accident, slip and fall, or injured by a defective product, contact the Law Offices of Alon Darvish for a free consultation.


Article Source:- GoArticle.com

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Other Source of Articles:- Auto Accident Attorney | Motorcycle Accident Attorney

Wednesday, December 2, 2009

Personal Injury in a Legal perspective

Personal Injury Claims A Personal Injury is any injury to a persons mind, body, or emotions. This differentiates personal injury from damage done to property. This term is most commonly applied in tort law when a plaintiff claims that their injury was caused by the negligence of another. If the negligence of the accused party can be proven, the plaintiff may be entitled to monetary compensation. Personal injury law is the set of laws that govern any claims that are made by one party against another. Personal injury claims are a type of tort lawsuit.

Some of the more typical types of personal injury claims include accidents at work, road traffic accidents, accidents at home, assault claims, and defective product accidents. Personal injury also applies to medical and dental accidents and industrial disease cases (mesothelioma, asbestosis).

The UK has its own unique set of laws pertaining to personal injury claims that sets it apart from other western democracies, notably the United States. In the United States the system of tort law regarding personal injury claims is complex and controversial. This is because attorneys usually work on a contingency basis, which means that the attorney only gets paid if he/she wins some compensation for the plaintiff. While working on a contingency basis is also used in the UK, although to a lesser extent, the big difference is in who pays the legal expense of the defendant. If the plaintiff loses their lawsuit in the United States the defendant is still responsible for their own legal expenses. If this situation occurred in the UK the plaintiff would be responsible for the defendant's legal expenses. This is an important differentiation because it strongly affects the decision of a plaintiff when considering whether or not to file a claim. Critics of the U.S. system argue that it encourages frivolous lawsuit because the plaintiff has nothing to lose. Furthermore, the U.S. system unjustly punishes innocent defendants by burdening them with legal expenses when they have in fact done no harm.

The term used to describe the agreement between the law firm and their client is no win/no fee. It refers to the fact that if the attorney loses the case the client will not have to pay any legal fees. However under the no win/no fee agreement the attorney is entitled to an extra fee if they do in fact win the case. In the UK this fee is by law limited to 100% of their standard fee.

Limitation rules regarding personal injury claims in the UK say that court proceeding must begin within three years of the date of the accident. The claimant may lose the right to file a claim if he/she fails to abide by this rule. Persons under the age of 18 have until the day before their 21st birthday to file a claim. The courts have the discretion to extend or waive this right as they see fit.

About the Author

Specialists in personal injury claims



Article Source:- GoArticle.com

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Other Source of Information:- Personal Injury Claims | Burn Injury Lawyer

Wednesday, November 25, 2009

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.



Article Source:- GoArticle

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Other Source Of Information:- Dog Bites Attorney

Tuesday, November 17, 2009

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.

Article Source:- GoArticle

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Other Source Of Information:- Personal Injury Claims

Thursday, November 12, 2009

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.

Article Source:- GoArticle

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Other Source of Information:- Personal injury Attorney | Personal Injury Lawsuit

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