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David S. Kohm and Associates
Thursday, 21 June 2012
The Challenges of an Auto Collision Injury Case
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Problems Classifying Personal Injury Torts
In the end, sorting out the various types of personal injury can take place in the process of litigation when an attempt must be made to assign blame on someone or something. The ultima thule determination in any claim will be who required to pay the compensation. If a road accident was the result of a product defect then in some way the manufacturer is responsible. If a slip and fall injury occurs at home then the home owner might be to blame. Assigning blame to the homeowner, if merited, is important because it raises the question of whether the home owner's insurance will cover the claim.
Sometimes assignment of carelessness for an injury might fall into two categories. To illustrate the point a auto company makes a defective part but the court decides the driver should have known about the problem and tried to repair it. "Holiday" related personal injury cases are possibly the most puzzling because they will inevitably fall into one of the other classifications, and it is not so obvious why they must have a category of their own. This might reflect the fact that the venue of the claim will be in a city possibly some distance from the victim's abode. However, an injury at a holiday social gathering in the injured party's castle is also classified as a holiday accident and in that situation there is no concern about venue. Most likely holiday accidents are classified separately because payout for the injury may be covered by special travel policies, which specifically add coverage for travel and medical related mishaps. this explanation still doesn't tell us why a party at home during a holiday period might be described as holiday related. Perhaps, articles that have described this type of dwelling based event are actually describing accidents that took place at a holiday or second home, which would be paid out by a secondary holiday home insurance policy.
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Intersting Information About Personal Injury Attornies
- Personal injury (PI) attorneys are involved in
getting monetary compensation for their clients as reparation for their loss due
to negligence, as such, they only deal in the area of tort law.
- While personal injury attorneys are capable of
going to trial, if a resolution cannot be reached ahead of time, they always
seek to win their cases out of court, and are successful in avoiding court
trials in the majority of cases.
- Lawyers who handle
personal injury cases have the same Bar requirements as lawyers handling
cases in other specialities.
- Once admitted to the bar, most
injury and accident attorneys decide to focus only on
cases in
this area. By doing so, they are
able to devote their time to keeping up with new laws and other developments in their specialty. Some personal injury attorneys have an even narrower focus and only handle certain types of injury cases such as vehicle accidents, or damaged or defective products, or aviation accidents.
- In a number of jurisdictions, their are specific certification exams for PI
lawyers, which they must pass to demonstrate competence in their specialty.
- While PI attorneys can charge a fixed fee or fee by the hour, most choose to
accept cases on a contingency basis, getting their compensation as a chunk of
the settlement if successful. With this arrangement, lawyers sit down with
clients who have promising cases, ahead of time. If they feel the client has a
reasonable chance of winning the claim they will offer to take the suit.
- Even though personal injury settlements can reach many millions of dollars, specially if the victim will stand in need of continuing medical care throughout his life, in most jurisdictions the legislature has have limited damages for pain and suffering claiming that the high payouts were responsible for recent sharp increases in malpractice insurance rates.
Friday, 20 April 2012
Wrongful Death Torts
Wrongful Death Torts
Appreciating the Variety of Personal Injury Law Suits
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The Most Frequent Personal Injury Suits
Malpractice suits against physicians and compensation claims for medical conditions resulting from work conditions are two other commonly seen types of personal injury claims.
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Personal Injury Law Suits
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