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Types of Personal Injury Cases

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Personal injury is a legal term, which is commonly used in the situation that a person has been hurt, either physically, mentally or emotionally, as a result of another person’s negligence, carelessness or intentional act. The legal process begins with the injured person (plaintiff) files a lawsuit against the individual responsible for the injury (defendant). It is important to be aware of the fact that personal injury is an umbrella term, covering some cases. In this article, you will be able to find specific information on the most common types of personal injury cases.

Car Accidents

Car accidents are, without a doubt, among the most often encountered types of personal injury cases. This can refer to any accident involving a vehicle, including small cars, motorcycles, trucks, etc. The same category includes the car accidents in which pedestrians have been hurt.
The accident happens as a result of the driver not following the rules or showing carelessness/negligence; in this situation, he/she will be accounted responsible for the consequences of the accident and, if found guilty, he/she will pay financial compensation. If the accident has resulted in severe physical injuries or death, jail time might become a possibility.

Medical Malpractice

In the situation that a physician or other professional belonging to the medical field has failed to provide adequate care to a patient, causing injuries, we can talk about medical malpractice. The complexity of this personal injury case differs from one patient to the other, being highly dependent on the injuries that have resulted in the first place. If the negligence of the healthcare professional has led to serious injuries or death, the consequences will be even more severe.
Medical malpractice can refer to mistakes in treatment, and it often involves expert testimony, to verify and confirm the validity of the case. It can also apply to a wrongful diagnosis, lack of informed consent, providing treatment against the wishes of the patient and failing to inform the patient about the treatment provided. If one is found guilty of medical malpractice, the following can occur damage payment to the injured person (malpractice insurance), license suspension, cautionary statements, fines and jail time.

Dog Bites

When it comes to animal injuries, dog bites are by far the most common. It is important to understand that the rules regarding the injuries caused by dog bites vary from state to state, and from one country to other. However, it is universally agreed that the owner is responsible for any injuries that the dog might cause, in particular through biting. This responsibility is present, whether the dog has proved out to be aggressive in the past or not. The situation becomes even more serious if the dog has a previous history of bites and subsequent injuries.

In deciding on the owner liability about dog bites, it will be important to determine whether the dog has been provoked or not. If the dog has been provoked in any way, it can happen that the owner will not be held liable for the resulting injuries. In general, it is the responsibility of the plaintiff to demonstrate that provocation did not occur.
Intentional harm (assault, battery)

A personal injury case referring to an accident has negligence and carelessness as most important aspects to take into consideration. By contrast, both assault and battery represent personal injuries cases, in which injuries have resulted but as a result of intentional harm. In this situation, one can talk about a criminal case as well, with legal action being taken against the person responsible for the assault.

Let us take an example, to get a better understanding of this whole concept. Imagine a person who has attacked another person, the attack resulting in serious physical injuries (also mental impact to be considered). Because of this attack, one will most likely face criminal charges. The victim, on the other hand, can file a lawsuit and demand financial compensation for the injuries suffered in the first place.

Defamation

Both libel and slander are covered under defamation law, with the person in question suffering damages to the personal/professional reputation. The defamation of character is the direct result of an untrue statement; in deciding on the specifics of the case, one must take into account who the defamed person is and the exact place where the statements were made.

When it comes to such a personal injury case, one must be able to prove that untrue statements were made and also that these led to harm, financial losses included. However, if this person is a celebrity or a public figure, the matter becomes more complicated, and one must be able to prove that an untrue statement was intentionally made.
Other types of personal injury cases

Personal injury cases can also include the following:
•    Slip and fall injuries (premises liability)
•    Consumer product cases (liability due to products that are either defective or have been recalled, medication, etc.)
•    Injuries caused by exposure to chemical/hazardous substances, explosives, etc.
•    Work-related accidents (either occurring at the work site or due to work-related activities – occupational hazards)
•    Industrial disease cases (exposure to asbestos, other dangerous materials; chronic respiratory conditions)
•    Occupational stress (physical, emotional and mental consequences)
•    Injuries caused by water- or airborne contaminants (companies responsible for the contamination will be held liable).

A Final Note

If you believe to have a personal injury case, do not waste any more time and talk to an experienced attorney about your situation. Keep in mind that a lawyer can help you determine whether the claim is worth pursuing or not; moreover, he/she can quickly and efficiently assess the existent evidence. It is also important to understand and remember that certain personal injury cases do not go to trial; instead, they are solved through mediation/arbitration. Regardless of whether the case will go to trial or not, you can still benefit a lot from the expert advice provided by an attorney.

Family Law Attorney and Divorce Attorney — Is there any Difference?

Family law and divorce law are sometimes used interchangeably. However, the fact is that they are not the same. A lawyer who focuses on divorce cases has different expertise as compared to the one who handles all family law matters.

Let’s find out how family lawyers are different from divorce lawyers.

Family Law Vs. Divorce Law Attorney: The Difference Explained

A family law attorney is a legal professional who has experience in handling family related cases. Cases that are handled by a family law attorney lie in a broader category as compared to the cases handled by a divorce law attorney.

Family law attorneys often focus their practice in the following type of cases:

  • Adoption related cases
  • Prenuptial agreements
  • Post-nuptial contracts
  • Partner or child abuse cases
  • Family monetary issues
  • Trusts and estate issues
  • Juvenile court matters

A divorce lawyer, on the other hand, focuses on cases that relate to termination (“dissolution”) of the marriage. The professional is experienced in handling cases such as divorce, legal separation, alimony issues, and others. The legal expert can help negotiate agreements for division of properties, child custody, parental rights, and child support.

In addition, a divorce lawyer handles arbitration, mediation, and litigation phases of divorce-related cases. The professional can also file a case in the court on behalf of the client for enforcement of court agreements, restraining orders, appeals, and name changes.

Wrap-Up

All family lawyers will handle divorce matters, but some have very specific experience in high stakes divorce and matters that involve large sums of money. An important thing to remember is that divorce law is only a sub-field of family law. A family law attorney can handle most average divorce cases, but for matters involving special circumstances you’d want to make sure your attorney has the right experience and team behind him/her.

Understanding the difference will help in selecting the right type of attorney for your case. It will avoid confusions when it comes to hiring a lawyer for family law and divorce related matters.

When it comes to selecting an attorney, make sure that you select an experienced family law and divorce lawyer. Hiring an experienced lawyer will increase the chances of the most favorable outcome of your case.  An experienced lawyer will marshal the facts in a way that results in maximum possible settlement amount for the client.

At Milligan, Beswick, Levine & Knox LLP , we aim to offer the most qualified and effective legal solutions. With our decades of experience in a range of practice areas, we can offer you the most competent advice relating to family law and divorce related matters.

Our team of experienced legal professional will guide you through the thicket of legal complexities and increase the odds of the most satisfactory outcome of your case. Whether you want the help of a family law or divorce law attorney, we have you covered.

Why Hire a Real Estate Attorney before Buying a House?

Buying a house is one of the most expensive purchases an individual will ever make in life. Any mistake when purchasing a home can cause a great frustration. That’s why it’s always a good idea to hire an experienced real estate attorney before making a purchase.

Hiring a Real Estate Lawyer Before you Buy

Hiring a real estate attorney before buying a house will save you from many headaches. It is always a good idea to get the help of a qualified attorney who handles real estate related cases in your area. Here are some of the benefits of getting help of an experienced real estate attorney when purchasing a house.

1. Simplify Real Estate Related Laws

Every state has different laws relating to real estate. A real estate lawyer will guide you through the complex real estate laws. So, you can avoid legal problems related to a real estate purchase. An experienced real estate attorney will also help you in preparing purchase documents that conform to legal requirements. In this way, you will have a legal recourse since the document will be legally valid when you file a case against the seller for violating any term of the sales agreement.

2. Discover Hidden Issues

Another benefit of hiring a real estate attorney before buying a house is that the legal professional can help you in discovering hidden issues related to a property. The real estate attorney will help you probe into complex issues such as whether the seller is the true owner, or a relative of the homeowner. Legal problems can arise if the seller is half owner of the house, and sells without getting approval from the other owner.

A real estate agent will provide expert legal help to avoid many other potential problems including border disputes, tax issues, oil rights, and more. The legal guidance of the real estate lawyer will prove invaluable in avoiding property related problems and lawsuits in the future.

3. Perform the Role of an Intermediary

A real estate professional can also perform the role of an intermediary in a real estate transaction. The legal attorney can expertly negotiate with the seller on your behalf. Also, the attorney will hold your deposit until the home sale deal is closed.

The above benefits may have revealed to you why it’s important to hire a real estate attorney before buying a house. An experienced lawyer will look at all real estate related legal matters to ensure that you don’t face any costly legal battles after buying the property.

If you want the help of an experienced real estate attorney you should not hesitate from contacting SRG Law Group. Our real estate lawyers have decades of experience in providing honest, expert, and impartial advice relating to real estate transactions.

Recognizing the Disparities between a Workers’ Compensation & a Personal Injury Claim

In the state of California, personal injury claims are judged critically, as are workers’ compensation claims. Many people tend to consider the two to be the same. Although the two are similar in nature, there are some differences too. Often times, people might not have a sufficient amount of knowledge regarding the benefits that they are entitled to and may either forgo the possibility of reimbursement or file for the wrong claim which will only extend the time that it’ll take to recover damages and could possibly leave claimable damages un recovered.

The simplest means in defining the disparities amongst the two is that a personal injury claim is based wholly on the fault and negligence on the defendant’s part, while the latter is not. It is not necessary for a person to hold their colleagues or their employer responsible if they intend to get the benefits of workers’ compensation. However, the disparities between the two are more complicated than they appear to be. For that reason, it is important to understand what each law states in the state of California.

Workers’ Compensation Claim

If an individual happens to get an injury during the time that they are present within the workplace, a workers’ compensation law or claim is applied. The said employee is not required to prove themselves or provide substantiation to demonstrate that their employer’s negligence is to be held responsible for the injuries that they received. Conversely, if the worker’s injuries are due to a source that is not associated to the workplace under any circumstances, the matter can be filed under a personal injury claim as well as a workers’ compensation claim.

Personal Injury Claim

In the case where an individual received injuries that were a result of an automobile accident, road accident, etc., then a personal injury claim is applied. However, unlike the workers’ compensation claim, a personal injury claim requires that there is an adequate amount of evidence to verify that the injuries were in fact caused by the negligence of the defendant. In the state of California, there are several circumstances under which such claims are accepted and charged. Additionally, the injured party is also entitled to recover all damages that they received, after they have proved in the court of law that the defendant is to be held responsible.

The Actual Disparities

Even though the aforementioned definitions are enough to explain what a workers’ compensation claim and a personal injury claim are, there are a still some disparities between the two that must be highlighted. The actual disparities lie in the reimbursement that is received.

When a workers’ compensation claim is filed, the defendant is responsible for providing vocational rehabilitation, medical benefits, permanent impairment benefits and weekly compensations. However, when a personal injury claim is filed, the individual filing the claim is entitled to receive reimbursement for all damages that they received prior to filing the lawsuit or claim. This includes lost earnings, lost capacity, impairment, latent medical bills or expenses, etc.

However, many people might get frightened at the thought of having to defend themselves in the court of law, but hiring a professional attorney will help you greatly in this regard. The Law Offices of Justin H. King can help a victim of a serious accident or injury determine if their claim is workers compensation related, or a tradition personal injury claim. Justin King is an auto accident, medical negligence, wrongful death and dog bite attorney in Ontario, CA. You can learn more about him and his firm at their website.

What is Meant by Strict Liability in Personal Injury Cases?

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Most of the personal injury lawsuits are based on the premise of negligent behavior of a person that results in an injury to another person. But, this is not the sole basis for which a personal injury lawsuit can be filed. A person can also file a personal injury case on the premise of strict liability.

So, what is meant by strict liability? How does it connect with a personal injury case? You will know the answers to these questions in this article.

What is Meant by Strict Liability?

A plaintiff who files a personal liability lawsuit based on strict liability does not have to prove to the court that the injury was caused by the willful or unintentional negligence of a person. In the US legal context, strict liability means that a person can be responsible for an injury even when it was not directly due to his or her actions.

Two common cases when a strict liability case arises include injuries caused due to animal bites and injuries caused due to defective products.

Injuries Caused by Dog & Pet Bites

Pet owners are strictly liable for attacks and bites by their pets. Whether the person owns a dog or a snake as a pet, he or she will be held strictly liable in case:

  • Injuries were caused by the bite or attack of the pet
  • The injured person did not provoke the pet
  • The injured person was in a private place or public space

Even if the pet owner was not at the place where the attack occurred, he or she will be strictly liable for the injuries caused by a dog bite. The victim can sue the pet owner to receive compensation for the injuries. The strict liability applies whether the owner knew the pet to be aggressive or dangerous.

In most states in the US including California, the strict liability clause applies even if the pet had attacked or bitten a person for the first time. However, there are some states such as Alaska, Arkansas, Idaho, Kansas, New York and others that allow pet owners to get away in case the attack happened for the first time.

Injuries Caused due to Defective Product

Injuries that are caused due to a defective product can also give rise to a personal injury case under the strict liability basis. The manufacturer will be held liable for the injuries caused due to the use or consumption of a defective product. The defect can be a flaw in the design, a manufacturing fault, or improper labeling of the product.

If you want to know more about the cases where strict liability applies, contact Milligan, Beswick, Levine & Knox, LLP in Redlands, CA. We have a team of highly experienced personal injury attorneys who can provide expert legal advice and counsel regarding a personal injury case. Contact us today to schedule a free initial consultation.

Car Injury – Resolve or Take to Court?

In the state of California, traffic accidents kill approximately 32,000 people every year. With countless traffic accidents taking place during a week, the numbers typically rise in and around the weekends. Many victims who are involved in these accidents tend to believe that going to court to fight for their rights will be a legitimate waste of their time; however, this is far from the truth.

Car accident injury claims and cases give a victim the opportunity to receive reimbursement and compensation for the injuries and the damage that they sustained due to another’s negligence or liability. When victims of serious and or traumatic accidents choose to take the law into their own hands and try to resolve the matter on their own, there is the potential for external complications that can occur. In those situations, when complications present themselves, it could be too late to recover from the costly mistakes and stay on track to a favorable settlement or verdict in court.

Outcomes in situations, where experienced attorneys are involved, or victims go it alone, depend on the severity of the damage and the cause of the accident. Furthermore, every individual involved in an auto accident will have a different perspective of the incident including the ownership of the blame and responsibility.

Settling Car Injury Claims in Court

The multitude of benefits that comes with settling your car injury claims in court is truly remarkable. When you take your claims to court, you’ll have to appoint a personal injury lawyer to help fight your cause. The presence of a personal injury lawyer can help you greatly in this regard. An experienced auto accident attorney can also bring a perspective and understanding not known by victims.

Complete Compensation

The main reason why you should take your auto injury claim to court is due to the fact that there is a better chance to recover a better settlement or verdict financially than dealing with insurance alone. The personal injury lawyer is responsible for conducting a thorough investigation to determine what the underlying cause of the accident was. This investigation is based purely to gather tangible evidence that must be presented in the court of law, in your favor. Once the evidence is gathered and the case is made against the defending party, the personal injury lawyer will negotiate with both – the defendant and the insurance company – on your behalf.

Settling Car Injury Claims on Your Own

It’s not uncommon to see people taking matters into their own hands when they face a traffic accident. They may feel that their claims are not large enough or worthy enough to need an attorney. However, whether you’d even be able to settle matters on your own depends largely on the severity of your accident and the injuries that you sustained. First obtaining advice from a auto accident attorney will help you understand this better.

Privacy

Taking a matter to court strips you of your privacy because the facts of the incident have to be laid out in front of everyone present in court as well as become a public record for all time. If you were at fault of any kind and prefer for it to not be exposed in front of the people present in court, it’s best to resolve it on your own. However, resolving the case on your own does not guarantee any sort of compensation or reimbursement for the damages and injuries received.

If you were in an auto accident and want to discuss your options and how you should proceed, the Law Offices of Justin H. King can assist. They help not only with auto accidents, but also victims of dog bites in chino and chino hills. You can learn more about them on their website here:http://justinkinglaw.com/.