malicious prosecution

What Malicious Prosecution Is – A Comprehensive Guide

If a criminal or civil case is unjustly prosecuted, then the defendant in such case could turn around and file a lawsuit against the complainant for malicious prosecution. For a comprehensive explanation, let us check out Elements of a Malicious Prosecution Claim by Ross Law to have a clearer idea of what malicious prosecution is.

WHAT IS MALICIOUS PROSECUTION?

Malicious prosecution is a legal claim involving a wrongful lawsuit, which allows a wrongfully-sued defendant to bring an action and recover damages against a plaintiff who sued the defendant without proper cause.

Malicious prosecutions occur for a variety of reasons, including a plaintiff’s desire for unjustified revenge, attempts to shut down competing businesses, and wrongful efforts to force a defendant to cooperate or change behavior in order to avoid incurring costly legal fees. In short, malicious prosecution involves the wrongful use of the justice system to punish, harass, or oppress another person.

Suing someone for improper personal reasons, without legal justification, is not just morally wrong, it’s illegal, and malicious prosecution is one of the ways defendants receive justice when a lawsuit is wrongfully filed against them.

personal injury attorney san antonoi
Legal books

If the respondent (the individual against whom the criminal complaint is filed) in a complaint wins, which indicates the dismissal of the complaint, is the respondent permitted to payment by the plaintiff (the individual who filed the complaint)?

Usually, the respondent isn’t entitled to the damages payment if the complaint is dismissed. This method looks wrong seeing that the respondent, in defending his or her case, likely employed and spent thousands for an attorney to defend the lawsuit. On the other hand, every individual has the right in filing a complaint about the compensation of grievances.

The mere complaint filing doesn’t authorize the respondent to monetary damages. Otherwise, the Supreme Court stated that non-violent recourse to the courts are going to be discouraged and the use of one’s right to sue would become empty and meaningless.

To prove a malicious prosecution claim, these are the things you ought to know from Malicious Prosecution by FindLaw.

The Elements of a Malicious Prosecution Claim

Courts generally agree on the elements required for a malicious prosecution claim, but some states combine elements or arrange them differently. The six elements of this claim are as follows:

  • The institution or continuation of a civil or criminal legal proceeding against the plaintiff;
  • By, or abetted by, the defendant (the prosecutor or plaintiff in the malicious action);
  • Termination of the prior proceeding in favor of the plaintiff (for instance, the case was dismissed);
  • Absence of probable cause for instituting the prior proceeding;
  • Malice as the primary purpose for the prior action; and
  • Injury or damage to the plaintiff as a result of the prior action.
malicious prosecution
Man in handcuffs, holding prison bars, mid section, close-up of hands

In order to grasp more what the terms is, AllLaw’s What is a Malicious Prosecution Claim? has examples provided in their article.

  • A bank was successfully sued for malicious prosecution after its employees intentionally gave false information to the public prosecutor about the criminal defendant’s (now the malicious prosecution plaintiff) supposedly illegal banking activities.
  • When a defendant admitted that he did not know who actually stole his property, that admission proved he had the plaintiff arrested for an improper motive, leading to a successful malicious prosecution claim.
  • When a defendant testified that he had a criminal affidavit filed against the plaintiff simply in order to collect a debt from the plaintiff, the plaintiff’s malicious prosecution lawsuit was successful because the defendant used the criminal process for an improper purpose.
  • A police officer did not give all of the facts when he obtained an arrest warrant on the plaintiff for possession of illegal hypodermic needles. When there was no proof that the plaintiff was using the needles for illegal purposes, the plaintiff successfully sued for malicious prosecution.

Though, the respondent could claim damages for malicious prosecution in a civil case. The culprit isn’t the submission of the criminal complaint, yet the intentional initiation of an action knows that the charges were groundless and false.

The respondent could successfully claim for monetary damages against the plaintiff if these are demonstrated by enough evidence: (1) the plaintiff caused prosecution in the complaint; (2) the accused was acquitted, or the criminal action was dismissed; (3) in bringing the action the plaintiff had not probable cause; (4) the plaintiff was encouraged by legal malice — a sinister or an improper motive — in suing.

 

 

 

How to Make an Invasion of Privacy Claim

There are numerous versions of sharing somebody’s private information by accident that isn’t deemed as an invasion of privacy. On the other hand, when the exposing of these details is done in particular manners, a claim could be likely be made for the damage the act causes.

Before talking about anything else, let us discuss first the meaning of Invasion of Privacy. What Is an Invasion of Privacy Claim? by HG.org provides this information below:

“When someone leaves his or her personal information in the form of a letter or document out in public or someone else does this, there is no reasonable expectation of privacy, and this cannot be construed as an invasion of privacy claim. One manner in which this type of claim may be issued is if a private conversation inside the home is being recorded by someone other than the two talking through some fashion of surveillance equipment. This would also need to cause some sort of injury either to the person or his or her reputation. With these stipulations, privacy has been violated and the perpetrator may be liable for damages.

An invasion of privacy is usually only possible when there is some form of reasonable expectation that the person targeted is left alone or in a private setting when the invasion occurs. There are four different kinds of invasion claims possible depending on the circumstances. One is an intrusion of solitude which involves an incident where the victim’s intrusion is considered offensive. Appropriation of name or likeness is when someone’s identity is used usually for monetary benefit without permission. Public disclosure of private facts occurs when the perpetrator reveals secrets of his or her target that are not of public concern. False light is the misrepresentation of a person or casting him or her in a bad light through false information.”

The law recognizes that each one has, under legal circumstances, the right to be simply left alone. It provides that there are certain subjects, places, and actions that are nobody else’s business. On the other side, however, the law also recognizes that at some point, a person’s right to privacy gives way.

For example, many of the things that people do significantly affect others. And the public, often by way of the press, has the right or need to know about them. In the parlance of journalism, such information is said to be news-worthy.

Invasion of privacy law is a matter of balance between these two sometimes conflicting interests. While the law can vary by state, courts generally recognize four types of invasion of privacy:

  • Public disclosure of private and embarrassing facts
  • Intrusion
  • False light
  • Misappropriation

In FindLaw’s Invasion of Privacy, the article talks about the four types of invasion of privacy claims here’s an excerpt:

  1. Intrusion of Solitude

Intruding upon another’s solitude or private affairs, physically or otherwise, is subject to liability if this intrusion would be considered highly offensive to a reasonable person. This type of invasion of privacy is commonly associated with “peeping Toms,” someone illegally intercepting private phone calls, or snooping through someone’s private records.

  1. Appropriation of Name or Likeness

Plaintiffs may make a claim for damages if an individual (or company) uses their name or likeness for benefit without the other party’s permission. Usually this involves a business using a celebrity’s name or likeness in an advertisement. In fact, some states limit this type of invasion of privacy tort to commercial uses

  1. Public Disclosure of Private Facts

This type of invasion of privacy claim must be weighed against the First Amendment’s protection of free speech. Unlike defamation (libel or slander), truth of the disclosed information is no defense. Legal action may be taken if an individual publicly reveals truthful information that is not of public concern and which a reasonable person would find offensive if made public.

  1. False Light

A false light claim is similar to a defamation claim in that it allows an individual to sue for the public disclosure of information that is misleading (or puts that person in a “false light”), but not technically false. The key difference is that defamation claims only apply to the public broadcasting of false information; and as with defamation, sometimes First Amendment protections prevail.

Check out more about the invasion of privacy in detail by reading the articles on our blog – Trevino and Loredo Personal Injury Law.

truck accident attorney

Essential Concepts of Personal Injury Law

If you have made the crucial choice to take the essential measures to protect your rights in a case that takes in personal injury, then you probably have many questions. So Personal Injury Law 101: The Basics by Zaylaw has the basic information that revolves around the term Personal Injury.

“There are two ways a personal injury case can be resolved. 

Formal Lawsuit

A formal lawsuit is when an individual, the person who was injured or “the plaintiff”, files a civil complaint against another person, business, corporation, or government agency; “the defendant”. The details of the personal injury case would be argued in court where the plaintiff has the opportunity to provide evidence to support their claims. The Judge will make a ruling on the case to determine whether or not the defendant was responsible for the personal injury claims made by the plaintiff.

Informal Settlement

Most personal injury claims can be resolved through an informal settlement. The person claiming injury, the defendant, insurers, and their lawyer can agree on a settlement before it reaches a formal lawsuit. If a fair settlement can be reached, the lawyer can draft a written agreement in which both parties can agree to take no further action (such as a filing a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money.”

truck accident attorney
Truck accident

Now that you’re now aware of the two ways an injury case can be settled, let us now focus on how a personal injury claim works through Learning the Basics: Personal Injury Law by Nolo.

“Defendant Does Something to Injure Plaintiff. This can be almost any bad act on the part of the defendant, with the exception of contractual breaches, which are handled under a separate body of law known as “contract law.”

Plaintiff Determines that Defendant Breached a Legal Duty. The specific legal duty is going to depend on the situation in which the injury occurred. For example, drivers have a duty to operate their vehicles with the level of care that any reasonable person would exhibit while on the road.

Settlement Talks Occur. If it is clear to all involved that the defendant breached a legal duty, then the defendant (or the insurance company representing him or her) may wish to settle outside of court. This would involve making an offer of monetary compensation to the injured person, in exchange for the injured person’s binding promise not to file a lawsuit over the injury.”

Three Important Personal-Injury Concepts and Terms

All accidents are taxing, but those that result in fatalities or injuries can be most devastating. Other than the time and money required to recover physically, the victims should fix their damaged property, deal with insurance claims, and perhaps, file a personal-injury case.

Following an accident, it’s crucial to know how the procedure works. This can aid you to avoid errors, and it could accelerate the process. Throughout this time, it’s common to hear or encounter unfamiliar concepts and terms from insurance companies and lawyers. Clarifying these terms is a reason that taking the services of a

Clarifying these terms is a reason that taking the services of a personal injury lawyer is so imperative. Meanwhile, here are three popular terms that you could encounter all through the accident claim process:

Liability

As stated by Harvard.edu, determining liability in a personal injury case is a crucial step. Liability talks about the legal responsibility of a person. In the case of personal-injury claims, the court will try to determine who’s legally responsible for the accident. And that person is usually guilty for damages.

In addition, there are numerous ways to determine liability, and a personal injury attorney should be ready to gather evidence and utilize professional testimony to back a claim.

personal injury law
Ambulance rushing towards the hospital

Settlement

Merriam Webster Dictionary defines settlement as an official agreement that finishes a dispute. In a personal-injury case, a settlement is a contract or agreement between the parties involved that stops the case from heading to trial. The majority of injury cases settle prior to a trial.

If you agree to a contract settlement with the guilty driver, then you’re basically waiving your right to file any more legal action or claims. A lawyer can negotiate the settlement to guarantee that you get a fair payout.

Personal Injury Law: The Basics by FindLaw has more information about the time limits in personal injury cases. Here it is:

“What is a Statute of Limitations?

Plaintiffs have a limited time in which to file a lawsuit, called a “statute of limitations.” Generally speaking, the period of time dictated by a statute of limitations begins when the plaintiff is injured or discovers the injury.

Statutes of limitations are established by state law and often vary by type of injury. For instance, the statute of limitations for injuries to an individual in Texas is two years, but five years for sex crimes and one year for libel or slander. It can vary from state to state.”

UIM

You’ll hear this acronym if the individual who caused the accident was uninsured or underinsured. “UIM” means “underinsured, or uninsured, motorist insurance.” If an individual causes an accident and doesn’t have enough insurance, the victim’s insurance can aid to pay for any accident-related costs.

Though most states don’t necessitate UIM insurance, these policies may save an individual from monetary ruin. If the responsible party didn’t have insurance, victims might need to pay for healthcare expenses and property repairs or maintenance out of pocket.

Now, if you were harmed in an accident because of another individual’s negligence, your first step toward physical and financial recovery is knowing the claims process.

 

Time Limit in Medical Malpractice Cases

In each state, a law is known as “statute of limitations” establishes a limit on the period you need to go to court as well as get a malpractice claim started.

Let us check out Time Limit Considerations in Medical Malpractice Claims by Find Law to learn about the statute of limitations.

“When Does the Statute Begin to Run in Medical Malpractice Cases?

Courts take different views on when the statute of limitations begins to run in medical malpractice cases. To some extent, the difference in these views is a reflection of the wording in the statutes. The difference also reflects the courts’ views on the relative merit of protecting injured parties versus protecting medical providers by enabling them to defend themselves when records are still in existence and recollections are still fresh.

In some courts, the time for filing a claim begins to run upon the occurrence of the act or omission the plaintiff claims constituted malpractice. Other courts say that the time begins running when the act or omission results in injury. Another view is that the time begins to run when the plaintiff discovered or should have discovered he or she was injured. A fourth view is that the time begins to run when the treatment concludes.

Things get even more complicated when the injured party dies. In the case of malpractice causing death, the courts must first decide whether the wrongful death statute applies or whether the statute of limitations for medical malpractice applies. Once that is decided, the court must then decide what triggers the running of the statute of limitations. The courts may say that the statute begins to run when the plaintiff dies. Or the court may decide that the statute begins to run when the action that allegedly caused the death occurs.”

Lawsuit Time Limit From “Discovery” of Medical Malpractice by All Law talks about the statue of limitations in more detail.

“The Discovery Rule

The more complicated part of the statute of limitations is generally called the discovery rule. The discovery rule is an exception to the standard deadline. The purpose of the discovery rule is to give victims of medical malpractice the right to file a medical malpractice lawsuit after the standard statute of limitations expired, when they did not even know that they had a potential medical malpractice claim.

The key to the discovery rule is that the malpractice victim did not know that he/she had a potential medical malpractice case. Only patients who truly did not know — and could not reasonably have figured out — of their doctor’s medical negligence have the right to use the discovery rule exception to file a medical malpractice lawsuit after the expiration of the standard statute of limitations.

The discovery rule is written differently in each state. In some states, it only extends the statute of limitations for a year or two, while in others it might extend the statute of limitations for many years. And in still other states, the discovery rule only applies if a surgeon negligently left a medical instrument or some other object inside a patient’s body.”

Learn more about the statute of limitations in medical malpractice claims by clicking on the articles above.

Severe Brain Injuries as Medical Malpractice Case

Brain injuries are just among the terrible results of major accidents like motorcycle or automobile collisions, sports injuries, or workplace or industrial mishaps.

If someone you know is suffering from an injury, the article entitled Brain Injury Symptoms and Diagnosis by Find Law provides us with a general idea of what a brain injury is.

“Brain Injury Symptoms

Brain injury symptoms indicating that you may have a brain injury include the following:

  • Numbness
  • Excessive drowsiness
  • Severe headache
  • Weakness in your arms or legs
  • Dizziness or loss of vision
  • Slurred speech
  • Loss of consciousness or confusion
  • Vomiting or nausea

If you are experiencing any brain injury symptoms, you should seek immediate medical treatment. Also, brain injury symptoms may not appear immediately, so if you think you may have suffered a brain injury, seek medical assistance.”

Now that you’re aware of the signs and symptoms of a brain injury, Brain Injury Case: The Economics of the Case by TBI Law details the case’s matters.

“Economic Damages in a Brain Injury Case:

Loss of Earning Capacity in a Brain Injury Case.

The first focus on the economic damages is the vocational expert witness. The vocational expert this is the witness who will tell the jury whether the deficits that have been diagnosed will impact the clients future “earning capacity.” If the TBI survivor has problems with fatigue, memory, background noise, concentration, balance, behavior, anger management, frustration, disinhibition, there will likely be a loss of earning capacity. Any of those deficits can negatively impact the ability to maintain competitive employment.

The loss of future earning capacity will be some percentage of the current earnings, if the person is not completely disabled.  Further, even with those who go back to work, there may be a premature retirement, adding full years losses to the end of the earning capacity. This is because disabled people unequivocally leave the work force much earlier.

Now as we compare this to the nominal lost wages in the first hypothetical, we would probably have a total loss of earning capacity of something like $20,000 per year for 12 years, and $40,000 for 12 years.

(This assumes the persons works at a diminished productivity until they are in their late 40’s and is totally disabled thereafter.) Now the lifetime loss of earning capacity could be as much as $720,000.”

Brain Injury Lawsuits by Nolo talk about what you have to do when someone you know suffers a brain injury. Here’s an excerpt:

“Gather Evidence about the Accident and Your Injuries

In preparing your case, an experienced attorney will ask you questions about how your head or brain injury occurred. He or she is likely to ask you what you remember of the accident, how it happened, where you were and what you were doing at the time, and the medical treatment you received. It’s common for brain injury sufferers to experience memory loss when it comes to the events surrounding the injury, so don’t worry if you can’t recall details of the accident. The important thing is to be completely honest with your lawyer and gather as much information as you can from other sources like witnesses, accident reports, and newspaper articles.”

To learn more about what family members can do right after an accident, read the articles in Mcallenpersonalinjurylawyer.com

Car Accident Claims Info – Case Types, and Compensation

Car accident claims are the main source of United States’ personal injury cases. Approximately half of all auto accidents cause injury claims and a large number of these become injury lawsuits. Most injuries in auto accidents are neck and head injuries, and they are as costly (or more) as the auto damage claims.

Auto accidents can result in various injuries, from minor bruises and scrapes to long-lasting disability and even death. And in any accident involving even the slightest injuries, medical experts must be consulted as soon as possible!

The major legal principle determining fault in auto accidents is negligence, which works on the conjecture that all vehicle drivers are careful while driving and follow traffic laws. Otherwise, the driver is assumed to be negligent or careless. If you are involved in an auto accident, then take note of the following:

  • Only provide general info: driver’s license details, insurance agent contact number, and anything needed by medical professionals or law enforcement to guarantee that the situation is okay. Never admit being responsible.
  • Don’t confront the opposing party in a hostile or emotional fashion. Even though you are not responsible, you can still influence any car accident claim through your actions following the incident.

To acquire compensation in a car accident claim, you should demonstrate that the damages you sustained were due to the negligence of the other driver. This can be tough in instances where an auto accident has a number of causative factors. (If the police made the report, then it will probably carry loads of weight in negotiations.)

Learn and know more about the various auto accident, injury and damage scenarios below. This article offers comprehensive clarifications of the most popular accident types, causes, injuries, vehicles, and loads more.

car accident
Car accident scene

Vehicle Accident Cases:

Various Types of Car Accidents

Auto accidents take place in a variety of manners under a number of different conditions. Certain matters of negligence and liability concern each accident type.

• Head-on Accidents

• Rear-end Collisions

• Pedestrians Hit by Automobiles

• Side-impacts and T-bones

• Leaving the Scene or Hit and Runs

• Multiple-vehicle Accidents

• Parking Lot Accidents

• Fender Benders or Minor Collisions

Types of Vehicles Usually Involved in Crashes

There are some various types of vehicles on the road today. When each vehicle gets in a car accident, the result will be different. Also, we talk about off-road automobiles which comprise a huge number of injuries annually.

• Semi-truck or 18-wheeler Collisions

• Motorcycle Accident Claims

• Boating Accident Claims

• Public Transportation Injuries

• Off-road Vehicle Injuries

• Bicycle-Car Collisions

Malpractice
Malpractice victim rushed to the ER.

Common Road Accident Causes

Driving under the influence of alcohol, phone distractions, as well as road defects can all result in devastating crashes. Liability matter will alter with each kind of accident cause, so drive safely!

• Broken Traffic Laws

• Drunk and Impaired Driving

• Texting While Driving

• Cell Phone Distractions

• Poor Road Conditions and Quality

• Falling Asleep While Driving

Common Car Accident Injuries

There are rather common injuries all through the various types of car collisions. In here, we talk about the various injuries, their treatment and diagnosis, and getting recompense to answer for your chiropractic and medical bills.

• Concussions and Other Injuries to the Head
• Whiplash and Other Injuries to the Neck
• Knee, Leg and Ankle Injuries
• Back and Spinal Cord Injuries

Car Insurance Explained

Auto insurance laws often alter from state to state. Above changing laws, there are wide-ranging distinct insurance plan selections, coverage options, and policy limits. And there are those reckless individuals who drive with no insurance. So learn about the various insurance alternatives here.

Claims for the Uninsured Motorist Injury

• No-fault Insurance

• Pure Comparative Fault

• Pure Contributory Fault

• 51% Modified Comparative Fault

• 50% Modified Comparative Fault

Further articles on liability and safety:

• Top Road Safety Apps – Phones can be a risky distraction while you’re driving. However, if you get the right application, your smartphone can, in fact, help enhance driving safety.

• Car Safety in Other Nations – Driving in another country can be dangerous and unfamiliar. This page provides important info as well as links to help know about car safety abroad.

• Liability in Multi-Auto Accidents – It is frequently very hard to determine who’s liable for multi-auto accidents.

• Facts About Drunk Driving – Driving under the influence of alcohol is a very dangerous and pointless behavior that kills over 12,000 people annually. Here we provide vital resources and facts about DUI.

For more information about auto accidents, go to www.mcallenpersonalinjurylawyer.com

Worker's Compensation

A Case About Worker’s Compensation Law

Workers’ compensation pays special benefits to harmed workers – medical coverage as well as a portion of lost wages. And if you’re injured in the workplace, it is crucial to know your rights and obey the proper methods for securing compensation.

Workers’ Compensation Law

The law involving workers’ compensation is a rule system in each state intended to pay the expenditures of workers who are injured while performing duties in the workplace. Workers can disability payments, recover, medical expenses, lost wages, as well as costs associated with retraining and rehabilitation. Such system is controlled by the state and funded by obligatory employer contributions. And federal government workers have access to the same program.

States have passed workers compensation laws to replace the outdated personal injury litigation, to try to get rid of risk for both employer and employee. Beyond a workers’ compensation system, workers who become sick or injured due to their employment should file a case and prove that their employer is liable. This can cause delays, and there’s a possibility that the worker will lose and get nothing.

Worker's Compensation
Injured worker

From the viewpoint of the employer, workers’ compensation removes the likelihood of litigation that could result in a huge damage award. Even though the employer acts neglectfully and a worker is killed or injured, the employer will just be accountable for its ordinary system contributions (though its rates may rise after such an incident). Essentially, workers’ compensation is a coverage or insurance program, created by the government.

Before talking about anything else, let us discuss first what workers’ compensation is. The article What is Workers’ Compensation Law? by HG.org provides this information

“Workers’ compensation law is a system of rules in every state designed to pay the expenses of employees who are harmed while performing job-related duties. Employees can recover lost wages, medical expenses, disability payments, and costs associated with rehabilitation and retraining. The system is administered by the state, and financed by mandatory employer contributions. Federal government employees have access to a similar program.

States have enacted workers compensation laws to replace traditional personal injury litigation, in an attempt to remove risk for both the employee and the employer. Outside of a workers’ compensation system, employees who become injured or sick as a result of their employment must file a lawsuit and prove their employer is responsible.

This can result in delays, and there is a possibility the employee will lose the court case and recover nothing.
From the employer’s perspective, workers’ compensation eliminates the possibility of litigation that could lead to a large damage award. Even if the employer acts negligently and an employee is hurt or killed, the employer will only be responsible for its ordinary contributions into the system (although its rates may increase following such an incident). In essence, workers’ compensation is an insurance program, made compulsory by the government.”

In return for the guarantee it provides, the system has a price for employers and workers. Workers aren’t permitted to sue their employer or fellow employees for negligence; they stand to get much less pay than they could in a lawsuit. And for employers, the main problem is the premiums the state charges. This extra payroll expense should be paid despite whether an accident ever takes place.

Procedure in Contested Cases

Upon filing the claim, workers can be shocked to learn that their employer or company they currently work for is arguing the claim’s validity. Employers have a reason to discuss claims they think are improper because the rates they contribute into the system is going to be affected (to some extent) by how many claims are paid for them. Once discussed, the state board will evaluate the claim and come up with a decision.

Throughout the process, the worker will be checked by a doctor who performs an assessment of the state. While this doctor is understood to maintain a neutral role, workers should know that the doctor-patient confidentiality doesn’t exist. Any declarations made throughout the evaluation could be utilized by the employer to claim that the incident wasn’t work related, or that the resulting injury is less serious than the workers says it to be.

Worker's Compensation Law
Injured worker sent to the hospital

If the board decides that the claim isn’t covered, a process of appeal is available. Initially, the issue will be heard by workers’ compensation department officials. In the majority of states, this indicates that a hearing will be done by an administrative judge, and if more appeal is claimed, the case will be open to a review panel. And once these remedies are used, the work can appeal the claim in state court.

Find Law’s Workers’ Comp Benefits Explained includes the various question asked when it comes to workers compensation. Here’s one:

“Who is covered by workers’ compensation insurance?

Most types of employees are covered by workers’ compensation insurance. That said, states commonly exclude some workers from coverage, such as:

• independent contractors
• business owners
• volunteers
• employees of private homes
• farmers and farmhands
• maritime employees
• railroad employees
• casual workers

Because employees of the federal government are covered under the federal workers’ compensation insurance program, they are not covered by state workers’ comp. Some states do not enforce the workers’ compensation program on employers with fewer than 3 to 5 employees working for them. This varies from state to state.”

More info is provided by Nolo’s Which Employees Are Covered By Workers’ Compensation?

“Common Workers’ Compensation Exemptions

Most states exclude certain types of workers from the workers’ compensation system. Workers who fall into one of these exceptions may not eligible for workers’ comp benefits. (However, some employers voluntarily cover these workers.) While the rules vary from state to state, here are some common exceptions: on system. Workers who fall into one of these exceptions may not eligible for workers’ comp benefits. (However, some employers voluntarily cover these workers.) While the rules vary from state to state, here are some common exceptions:

• agricultural or farm workers

• seasonal or casual workers (workers who work sporadically for their employer, such as a handyman who is called into work as-needed)

• domestic workers and part-time babysitters

• ministers and other clergy members

• taxi drivers, and

• commissioned real estate agents

Additionally, some states have special workers’ compensation programs for law enforcement and firefighters.”

If you need assistance in determining your benefits’ eligibility, contact a skilled worker’s attorney now. Or you can check out the article above for more info.

Malpractice

A Bird’s Eye View on Malpractice

A specialized but important offshoot of negligence practice is professional liability or malpractice. The idea behind professional liability is that those who have special training and expertise should exercise the degree of care in dealing with patients or clients commensurate with other members of the calling.

For example, for the purpose of treating injuries, a doctor is held to the standard of care of other doctors similarly situated rather than the standard of care for someone who has not been to medical school.

It is no secret that malpractice litigation has mushroomed in recent decades. The willingness of injured people to sue professionals has provoked widespread controversy. Injured plaintiffs are no longer willing to sit back and endure careless mistakes to those to whom they entrust their lives and fortunes.

Malpractice
Malpractice victim rushed to the ER.

Defendants and insurance companies claim that increased litigation drives up the cost of services and drives competent professionals out of the business.

Although these questions cannot be answered in this book, the prospective lawyer may want to consider the social policy considerations inherent in this debate. Rhetoric sometimes casts the question in terms of pro- or anti-lawyer sentiment, but this is not an accurate characterization because lawyers represent partisans on both sides of the issue.

The real questions involve how and when injure persons should be compensated for injuries and when they should bear the risk of loss themselves.

The largest segment of malpractice litigation involves doctors. It is not the case that doctors must always be correct, only that they must make reasonable judgments under the circumstances. Doctors are also required to inform patients of the potential risks of a particular proposed course of treatment.

In medical malpractice, as well as other forms of professional liability, expert testimony is usually required to establish the elements of the plaintiff’s case.

In order to show what a reasonable doctor would have done, the plaintiff’s lawyer must introduce testimony from another doctor to that effect. Because of this requirement and the complexity and medical problems themselves, malpractice litigation can be an extremely complicated business.

Malpractice
Malpractice victim in the emergency room.

As with other areas of tort law, insurance is almost always present, and settlement of claims occurs far more often than jury trials.

Although medical malpractice dominates the professional liability field, other professionals are increasingly subject to suits by their clients. Lawyers, accountants, ministers, teachers, and other professionals have successfully been sued for malpractice.

Even in areas that have not traditionally been recognized as professions, individuals holding themselves out as possessing superior expertise have been held to the standards they profess.

Thus, a plumber may hold himself out of the public as knowing more about how to fix pipes than ordinary laymen. He cannot be heard to complain that he did as good a job as an ordinary person when his plumbing job is done poorly compared to the work of other plumbers.

In this environment, everybody who possesses special knowledge or qualifications (and probably charges higher fees accordingly) should understand the professional standard to which they will be held under the law and should obtain insurance to protect against the risk of malpractice.

Personal Injury Facts: All about Traffic Collision

A traffic collision, also known as a traffic accident, MVC (motor vehicle collision), car accident, automobile accident, car accident, road traffic accident, road traffic collision, car smash, car crash, or wreck happens when an automobile collides with another automobile, debris, pedestrian, animal, or other immobile obstruction, like a utility pole or tree. Traffic collisions could cause injury, death as well as property damage and a traffic accident lawyer is in demand.

Numerous causes contribute to the danger of accident, including speed of operation, the design of the vehicle, road design and environment, driver skill, impairment attributable to drugs or alcohol, behavior, notably racing and speeding. Worldwide, car accidents lead to disability and death, as well as monetary damages to both societies as well as the people involved.

Road injuries caused 1.4 million fatalities in 2013, from 1.1 million fatalities in 1990. Approximately 68,000 of these happened in kids less than five years old. As a result, of traffic collisions, the death rates for nearly all high-income countries are decreasing, while a good number of low-income countries have increasing mortality. Middle-income nations have the maximum speed with 20 deaths/100,000 inhabitants, 80 percent of all road death rate by only 52 percent of all vehicles. Africa has the highest mortality rate (24.1/100,000 population), while Europe has the lowest.

Signs and symptoms

Psychological

After some accidents, long-term psychological problems could occur. These problems could make those people who have had a mishap afraid to go on the road again. In some instances, the psychological distress may affect the individual’s ability to work and handle responsibilities.

Physical

The blunt force trauma can frequently cause numerous physical injuries due to an accident, ranging from contusions and bruising to severe physical harm (such as paralysis).

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Breakdown of American and British Crash Causes

K. Rumar conducted study in 1985 utilizing American and British crash information as data. The study suggested that 57 percent of collisions were caused solely by driver factors, 27 percent to combined driver and roadway factors, 6 percent to combined driver and vehicle factors, 3 percent exclusively to roadway factors, 3 percent to combined vehicle, driver, and roadway factors, 2 percent exclusively to vehicle factors, and 1 percent to combined vehicle and road factors.

Reducing an injury’s severity in collisions is more vital than reducing rate and ranking rate by broad groups of causes is misleading concerning severe injury decrease. Lawyer for car accident are also needed. Road and vehicle modifications are usually more effective than efforts to behavioral change except certain laws like required usage of motorcycle helmets, seat belts and licensing of teenagers. Consult a car crash lawyer if you even get into an accident.

If You Are Injured In a Car Accident, Consult a Personal Injury Attorney

If you acquired injuries from an accident through another party’s fault, you could file a civil case with a personal injury attorney. To win the lawsuit and obtain a reasonable financial compensation, you should prove that the defendant was negligent. The term “negligence” is a concept broadly defined in the world of law. It means that a person or company failed to do an act in a safe manner and, thus, an individual was injured, either emotionally or physically.

Direct Negligence

When somebody is injured in a vehicular crash, they have the legal right to file a lawsuit against the owner of the vehicle that bumped them. If the car owner is insured, the defendant would be the auto insurance provider of the driver. A vehicular accident is a classic example of negligence.

Gavel and american flag, symbol for jurisdiction
Gavel and american flag, symbol for jurisdiction

To show that they are worthy of the financial compensation they’re asking for, a plaintiff should submit evidence (medical bills and reports) that documents their injuries along with their price. They could also demand compensation for pain and suffering and lost wages, which were attributable to the collision. Personal injury lawsuits that entail direct negligence are usually much easier to prove than those that involve indirect negligence.

Indirect Negligence

Let us say a shopper at a supermarket staggers and cracks his pelvis due to a loose tile. No one was obviously directly liable for his accident. However the tile had perhaps been loose for quite a few days, or even weeks, and the shop never had it fixed. Some customers grumbled about it maybe, and they didn’t do anything. That’s indirect negligence. The injured customer could file a case against the supermarket.

How a Law Firm Can Help

Regardless of which kind of negligence was taken in, it’s vital to be aware of your legal rights. A skilled car accident lawyer can deal with any lawsuit where foolish inaction caused an accident, from mere slips and fell cases to enormous cheap product suits. The good litigator can assist you in filing a claim that pursues compensation for lost wages, medical expenses, as well as pain and suffering.

Moreover, it is important to remember that personal injury lawsuits may be filed due to emotional pain. The plaintiff shouldn’t be necessarily hurt physically to pursue damages. If their personal satisfaction has been severely affected due to the inaction of a company or individual, they are entitled to financial compensation.

If you’ve been injured in an accident that wasn’t your fault, it’s vital that you find a good lawyer soon. Your best choice is to find law firms specializing in personal injury law.

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