A Common Personal Injury Case You Didn’t Know Existed – Alienation of Affection

If you find out your husband or wife cheated on you, alienation of affection is a type of case you can file against the lover of your spouse. These lawsuits are known as “heart balm torts” as they are intended to lessen and soothe the emotional anguish of a failed marriage.

To know more about the alienation of affection, let us check out What’s “Alienation of Affection?” by Lawyers.com. Here’s an excerpt:

“Alienation of affection lawsuits (also known as “homewrecker” or “heartbalm” lawsuits), are civil tort claims. As its monikers suggest, an alienation of affection case is brought by a spouse who’s been deserted as a result of a third party’s actions. The deserted spouse files the lawsuit against the third party for the loss of affection that was provided through the marriage.

Alienation of affection lawsuits are usually filed against third-party lovers, but anyone that interfered with a marriage can be named as a defendant, such as parents, in laws, clergy members, and even therapists who recommended divorce to a deserting spouse.

Almost all states have abolished these types of cases, but the following seven states still allow homewrecker lawsuits; Hawaii, Illinois, New Mexico, North Carolina, Mississippi, South Dakota, and Utah.”

Alienation of Affection

Dignitary torts can be differentiated from other intentional torts as they result in harm to the reputation or dignity an individual rather than resulting in physical injury. One common example of a dignitary tort is the alienation of affection as the injury suffered isn’t a physical one, but instead the alienation or loss of love or affection in a marriage.

A deserted spouse can file an alienation of affection cases against a third party that the plaintiff thinks is liable for the failure of the marriage. While this form of tort has been ended in the majority of jurisdictions, there are still a few states that permit alienation of affection cases to be filed.

Alienation of Affection: Proving a Claim

At present, an alienation of affection tort is available in the following states: Mississippi, Hawaii, New Mexico, South Dakota, North Carolina, and Utah. Though the elements required to establish your case will vary according to the laws of every state, the victim generally should establish the following elements:

  • There was actual love in the marriage
  • That love was destroyed and alienated
  • The defendant contributed to or caused the loss of the affection or love.

Usually, these forms of claims are brought against the liable spouse’s lover. On the other hand, it is crucial to note that evidence of illicit sexual conduct is usually not necessary to win an alienation of affection case. Furthermore, there have been cases wherein an alienation of affection defendant has been a counselor, therapist, or clergy member who directed a spouse to file a divorce.

Now that we’ve discussed the definition of alienation of affliction as well as the states that still apply this law, let us now proceed to the various rules governing the law. Here’s Alienation of Affection by FindLaw to give us an overview:

“Proving an Alienation of Affection Claim

  • There was love in the marriage;
  • That love was alienated and destroyed; and
  • The defendant caused or contributed to the loss of the love/affection.

Typically, these types of suits are filed against the lover with whom the spouse had an affair. However, it’s important to note that proof of extramarital sexual conduct is generally not required to succeed in an alienation of affection claim.

Defenses to an Alienation of Affection Lawsuit

There are a few defenses available to a defendant in an alienation of affection lawsuit. The plaintiff doesn’t have to prove that the defendant had the intention of destroying the marriage, but rather that he or she intentionally acted in a way that would foreseeably impact the marriage.

Considering this requirement, it’s a valid defense if the defendant didn’t know that the person was married. It’s also a possible defense if the defendant can provide evidence that the cheating spouse aggressively seduced the defendant. Since intentional acts or conduct by the defendant are a requirement of such a claim to succeed, another possible defense is that the defendant’s actions were inadvertent. Finally, if a defendant can show that the love in the marriage was already lost before his or her acts, this can also serve as a defense.”

Alienation of Affection Case Defenses

There are some defenses offered to a defendant in such a lawsuit. The plaintiff does not need to establish that the defendant intended to destroy the marriage, but instead that the defendant deliberately behaved in a manner that would certainly affect the marriage.

Bearing this requirement in mind, it is a legal defense if the defendant did not know that the individual was married. Moreover, it’s a probable defense if the defendant can present proof that the deceitful spouse seduced the defendant aggressively.

Because intentional conduct or acts by the defendant are required of such a case to win, another probable defense is that the actions of the defendant were unintentional. Lastly, if a defendant can establish that the marriage’s love was already lost prior to the defendant’s acts, then this can serve as a defense as well.

Get Legal Help

When you or somebody you know is harmed, it is natural to search for somebody to blame, and there are moments when a certain person could be the reason for the injury that underwent. Under the United States civil laws, you could recover for damages you’ve suffered due to another individual’s negligent or intentional actions.

If you want to learn more regarding the alienation of affection tort or have queries about other forms of torts, then you may have to contact a skilled personal injury lawyer in your region.

To check out more about alienation of affliction, just click on the articles provided above.

 

Personal Injury: Can Passengers File a Claim Against a Cruise Ship Operator or Owner?

Cruises are a common vacation choice for people. But when folks board a cruise ship, they may be oblivious to the fact that they are entering a nasty legal place where they are given inadequate legal protection and where the rights to file a case against such a company for loss of life or personal injury may be extremely limited.

Cruise Ship Law: Current State

Many of the statues that protect the cruise passengers’ safety can be found in the “Cruise Vessel Security and Safety Act.” This law imposes numerous requirements related to the reporting, detection, and prevention of crimes and storing of evidence.

The California Coalition Against Sexual Assault stated that the Act’s passage was prompted by a vocal sexual assault victim aboard a cruise ship.

Folks getting ready to go on board the cruise ship.

After the plaintiff (victim) spoke up, congressional hearings discovered the insufficiency of safety requisites aboard cruise ships; thus, legislatures took measures to attempt to make passenger vessels much safer for passengers.

Among the new conditions, for instance, is a decree that passenger doors should be equipped with a way of visual ID, like peepholes. Also, passengers should be offered a security guide that details how victims can report crimes to the United States law enforcement, irrespective of where the offenses are committed.

When an offense does take place, the Act also executes mandates on lines intended to make it much easier for the protection of the victim as well as prosecute the misconduct. For example, credentialed medical workers should be on board and should help victims who’ve suffered sexual assault.

Moreover, staff members should undertake a routine training on reporting, detecting and preventing crimes and evidence preservation.

On the other hand, while the Act aids to make passengers safer by stopping criminal activity, a The Hill’s article reveals that it doesn’t tackle disaster preparedness, nor tackle the responsibility of a ship captain to his or her passengers in case a disaster takes place aboard a ship.

A variety of local and international laws do offer limited protection to cruisers by guaranteeing the sufficiency of safety equipment. Like, the SOLAS (International Convention for the Safety of Life at Sea) orders that adequate lifeboats should be given for all cruisers and that passenger ships should be split into water-tight compartments in case a hull is damaged, the vessel remains stable and afloat.

At Funchal Harbour

Fire protection procedures, radio communication rules, and safe navigation mandates are all also covered as part of SOLAS.

To make sure that satisfactory safety measures are set up, the United States Coast Guard requires that any ship that picks up passengers at United States Ports should adhere to provisions in SOLAS. Additionally, cruise ships are bound by inspection in where the ships are listed.

Also, the International Safety Management Code offers protection for cruisers by requiring that captains be fit for service. On the other hand, a captain’s duties are left mainly to owners to define.

While captains are likely to make choices when it comes to safety regarding their prevailing authority, there aren’t mandates set up requiring that a captain needs to remain with a ship that’s going down.

Final Thoughts

Cruise ships are just one of the places where personal injury cases take place. There are personal injury cases on the road, in the workplace, inside the hospital, etc. These personal injury cases can get complicated and troublesome if not dealt with correctly at the expense of your compensation.

In case personal injury, it would be in your best interest to contact a personal injury lawyer. An experienced attorney will spare you a lot of the headache involved in these situations and help you make a claim.

Dog bite cases

Who Pays for Damages in Animal Bite Cases

Although dogs are often pretty great pets, at times, they wind up attacking somebody. Dog bites or animal attacks may leave a person severely and permanently harmed, and can occasionally even result in death. Here is what you ought to know about dog bites:

Animal Bites: Who Pays Damages? By FindLaw has information regarding the various types of insurance when someone gets bitten by an animal.

“Homeowner’s Insurance

In most instances, an animal owner’s homeowner’s insurance will cover liability arising from dog bites (and injuries caused by other common household pets) that occur on the owner’s property. According to the Insurance Information Institute, there were about 16,5000 homeowners insurance claims involving dog bites in 2012. Since this figure only covers dog bites, the total would likely be much higher if other animals were included, such as cats, horses, and reptiles.

Car Insurance

Even if a homeowner’s insurance policy does not cover a bite that occurs in a car, such bites might be covered by an owner’s automobile insurance. Often, both automobile insurance and homeowner’s insurance policies will cover an animal bite that occurred in a car (or possibly on a car, if the animal is in the back of a pickup truck). When this happens, both insurance companies will usually argue that the other company is responsible for covering the loss. In most cases, this argument does not involve the injured person, but is a matter for the insurance companies to resolve.

Animal Insurance

There are specialty insurance companies that provide insurance for pet owners. As noted above, many insurance companies refuse to cover animal-bites after one incident. As a result, the owner of a “repeat offender” pet often has no choice but to look for coverage from an insurance company that specializes in animal coverage.”

Dog bite injuries

Settlement of an Injury Claim on Dog Bite

Each dog bite claim is different, but in general, a dog bite settlement is going to be based on the following: what the lawsuit parties estimate a jury would eventually award the victim or plaintiff following a trial, and whether or not the defendant (dog owner) feels that they have a chance of being found guilty.

Defendant Should Feel There’s Some Possibility of Losing the Case

For the defendant to settle, there should be a few risk of losing the claim at trial. Meaning that the conditions surrounding the animal bite meet the legal requirements in the “dog bite” statute of the state or the case law of the state.

If the state features a strict dog bite law, then it will be quite easy to evaluate whether or not the owner has breached the statute and whether or not the owner will be found guilty. If the state only has a less firm statute or even no statute in the least, then the parties will have to guess at whether or not the plaintiff can convince a jury of whether or not the owner was aware that the dog had an inclination to bite.

If potential monetary damages are high, then it’s relatively apparent that the plaintiff was attacked or bit by the animal, and there aren’t apparent defenses, the defendant will be likely to settle for an amount, mainly if the insurance company of the defendant is defending the case.

And when you want to settle an animal bite claim, AllLaw’s Settlement of a Dog Bite Injury Claim includes details on settling a dog bite injury case, as well as what elements that impact the case’s potential value.

“Defendant Must Feel There is Some Chance of Losing the Case

For a defendant to settle at all, there must be some risk of losing the case at trial. This means that the circumstances surrounding the dog bite satisfy the legal requirements in the state’s “dog bite” statute or the state’s case law.

If the state has a strict dog bite statute, it will be relatively easy to assess whether the owner has violated the statute and whether he or she will be found liable. If the state has a less strict statute, or no statute at all, the parties will need to guess at whether the plaintiff will be able to convince a jury of, for example, whether the owner knew the dog had a tendency to bite. (See this chart for the law in each state).

If potential damages are high, it is relatively clear that the plaintiff was bit by the owner’s dog, and there are no clear defenses, the defendant will be inclined to settle for some amount, particularly if the defendant’s insurance company is defending the lawsuit.”

Dog bite cases
A very aggressive dog

The Plaintiff Should’ve Suffered Real Damages

Despite the liability of the defendant, the other main question is the losses of the plaintiff due to the dog bite, as well we the amount the plaintiff would get in damages. Estimation of the potential recovery with any level of accuracy is rather hard for one major reason: at trial, it’ll almost certainly be a jury that eventually decides the amount the defendant should pay the victim.

Some damages, such as lost wages and medical bills, are easier to compute and easier to guess for settlement purposes. Though a jury has a choice, if they find the dog owner liable, then they will usually base “concrete” damages such as medical bills on how much the plaintiff shows he or she has settled or will remain to pay.

In negotiating the settlement, both parties possibly have the same predictions and less chance for disagreement on such types of damages.

For subjective damages such as pain and suffering, estimates are always an educated guess according to the awards in the past. As each case and each jury is different, and even the best investigation will still only estimate damages on pain and suffering within an extensive range.

A dog bite that involves puncture wounds, without other special circumstances or complications, will not provide a plaintiff with much leverage in negotiations in terms of damages on pain and suffering.

In cases that involve severe injuries and problems such as physical disfigurement, the subjective damages are possibly very high, and more difficult to pin down. That unlocks the prospect of the attorneys of the plaintiff and defendant putting extremely different values on the claim as well as making settlement that is more complex.

But it may make a much bigger settlement as well, even in claims where liability isn’t wholly clear – the realistic probability of big damages at trial is sufficient to generate some form of settlement in the majority of cases.

If liability is rather clear, and the damages on pain and suffering are possibly high, then the defendant (particularly an insurance agency) will settle for a bigger amount.

If you have been attacked or bitten by an animal, click on the articles above for more information.

Toxic torts

The Essentials of Toxic Torts Law

Toxic torts are forms of personal injury cases that involve exposure to a toxin or chemical that results in health problems or medical injury. Here is what you need to about toxic torts. Toxic Tort Law by HG.org has the details.

“Toxic Torts Law refers to the issues associated with and caused by exposure to toxic substances, such as industrial chemicals, pesticides, lead-based paint, pharmaceutical drugs, and environmental toxins. It is a subset of Personal Injury law and often results in Mass Torts.

Toxic tort claims are brought by individuals and/or groups who have been exposed to dangerous substances and suffered injuries and damages due to this exposure. For a successful cause of action in most toxic tort claims, the plaintiff must prove the following elements:

  • The substance was harmful/dangerous/toxic;
  • The plaintiff was exposed to this substance; and
  • The substance caused harm/damage to the plaintiff.”

Toxic Torts: Injuries Caused By Toxic or Chemical Exposure

Personal injury is an extremely broad area of law that includes numerous situations where a party is injured by another. Occasionally, it is easy to determine just how the injury took place. For instance, when a vehicle accident occurs and a vehicle crashes into another, a link can be made between the collision impact as well as the injuries that arise instantly afterward.

However, in other cases, many things become more complex as injuries might not occur quite so clearly or might not happen immediately.

Toxic torts

What’s a Toxic Tort?

The term “toxic tort” typically refers to the various forms of tort cases that have similar in common: the victim alleges harm because of exposure to some type of chemical or toxin. A few certain instances where a victim could be exposed to a toxic include:

  • Contamination of soil or groundwater because of dumping of chemicals and wastes
  • Contamination of environment or air because of release of toxins or noxious gases
  • Chemical exposure within the workplace
  • Exposure to mold (particularly dangerous species of black mold)
  • Lead paint exposure
  • Asbestos exposure
  • Dangerous chemicals or toxins in defective drugs or medications (frequently dealt with as a product liability claim)

These are just some examples of cases where an individual could suffer severe health problems from toxic exposure.

Who’s Liable for the Toxic Torts?

A toxic tort claim may be brought against numerous potential defendants, such as a company that deposited the pollutants or toxins in the groundwater, an asbestos manufacturer, a landlord who did not properly ensure an apartment was mold-free or lead paint-free, or a dangerous drug manufacturer.

Justia’s Toxic Torts also has a few important details that you ought to know. Here’s an excerpt:

“Causation and Toxic Tort Litigation

The most difficult element to prove in toxic tort litigation is causation. Many illnesses caused by exposure to a toxic substance manifest years after exposure. One prominent example is mesothelioma, which takes decades to develop, by which time crucial pieces of evidence may be lost and the defendant company may be out of business. A defendant may argue that the plaintiff was exposed to other intervening chemicals that caused the harm.

Generally, plaintiffs must sue any entity that could have a possible link to their injuries. This includes manufacturers, distributors, property owners, and companies that store chemicals. For example, a plaintiff may not know what entity actually manufactured the asbestos that he or she was exposed to at different job sites that caused his or her mesothelioma. Plaintiffs usually need to bring all of them into the lawsuit to investigate and sort out causation.”

How to Make a Case Against the Liable Party

People affected by the toxic torts can typically recover damages via a personal injury case. The main exemption to the ability to get through a civil case is when an employee is harmed by a toxin or chemical at work.

Though their employer could’ve been directly liable for the chemical exposure that took place, work-related injuries aren’t handled via the tort system. Instead, the 50 U.S. states have passed legislation that creates a sole remedy via the workers’ comp system.

While a workers’ comp claim is frequently the exclusive remedy for work-related injuries, if an employee was harmed by something such as asbestos, which was made by a third party, the employee could make a case against the manufacturer in a civil lawsuit.

lawsuit gavel

Statute of Limitations

Claims for damages in a personal injury case generally should be made within a time limit following an incident or injury has happened. This is typically a two- or three-period, though, in a few states, it can be shorter or longer. The law that established this deadline is known as the “statute of limitations.”

One major issue that emerges in toxic tort claims is that the injury will not show up instantly. For example, somebody could be exposed to contaminated groundwater, and they could develop cancer, yet not until years following the first exposure occurred.

To handle this issue, numerous states have a “discovery rule.” In essence, under this regulation, the time limit clock doesn’t begin ticking until the personal injury is discovered or reasonably should’ve been known.

Now that you know the basics of toxic torts let us now continue with a few other important details about toxic torts. Injuries Caused By Chemical Exposure: Toxic Torts by AllLaw has the information.

“Who is Responsible for Toxic Torts?

A toxic tort case could be brought against a number of potential defendants, including a company that dumped the pollutants in the groundwater, a manufacturer of asbestos, a landlord who didn’t properly make sure an apartment was free from mold or lead paint, or the manufacturer of a dangerous drug.

How to Make a Claim Against the Responsible Party

Those who are affected by toxic torts can usually recover damages through a personal injury lawsuit. The major exception to the ability to recover through a civil lawsuit is when a worker is injured by a toxin at work. Although his or her employer may have been directly responsible for the exposure that occurred, work-related injuries are not handled through the civil tort system. Instead, all of the 50 states in the US have passed legislation that creates an exclusive remedy through the workers’ compensation system.

While a workers compensation claim is usually the sole remedy for on-the-job injuries, if a worker was injured by something like asbestos, which was manufactured by a third party, then the worker may be able to make a claim against the asbestos manufacturer in a standard civil lawsuit.”

Learn about toxic torts and its elements by clicking on the article above.

 

law justice

Insurance Options for Liability Injury

When you are seeking monetary compensation for a personal injury, there’s a good chance that you’re going to be handling some form of the insurance company. So here’s what you need to know. FindLaw’s Liability for Injury: Insurance Options has the provided us with the various types of insurance in order for us to determine which is right for us. Here are a few:

Renter’s Insurance

This is a sub-set of homeowner’s insurance that is used by renters. This type of coverage protects against damage to the physical property, the contents of the property, and may also cover personal injuries within the home.

Car Insurance

Another very important (and legally-mandated) type of insurance, auto insurance covers all road vehicles (trucks, cars, motorcycles, etc.). Car insurance can protect against both physical damage and bodily injury resulting from a crash, and typically also covers liability arising from a collision.

Life Insurance

Life insurance protects an insured against the financial losses associated with death. You pay a monthly premium in exchange for the payment of benefits to a designated beneficiary upon your death. This type of insurance allows for peace of mind, allowing you to know that your loved ones will not be burdened financially upon your death.

law justice
Selective focus on the word “justice”. Many more word photos in my portfolio…

Insurance Options in Liability for Injury

Life does not always go your way. And without caution, anybody can become a target of an accident, injury, or natural disaster. Insurance is intended to provide us with a few measures of protection, at least monetarily, in case of an unwanted event.

There are loads of various form of insurance; it can be hard to determine which is crucial. Factors such as age, lifestyle, children, and service benefits all play a part when knowing which kinds of insurance are right for you.

Common Forms of Insurance

Though it’s important to cover yourself in case of an injury or disaster, insurance can be costly. That’s the reason it’s important to evaluate your risks properly in order to evade monetary ruin. A few of the most common form of insurance as well as what their coverage are listed below.

Homeowner’s Insurance

Homeowner’s Insurance protects or covers against home damage as well as the items in the home. This form of insurance may cover you from accidents that occur at your house (like a slip and fall) or that could’ve occurred due to your actions. Separate policies could cover liability and natural disasters.

Renter’s Insurance

Renter’s Insurance is a sub-category of homeowner’s insurance that’s applied for by renters. This form of insurance protects or cover against damage to the property, the property contents, and may also insure personal injuries in the home.

Now that you’ve learned about the different types of insurance, let us go for a more specific type of insurance, which is discussed by Understanding Health Insurance Claims on Personal Injury Settlements by Nolo:

“How the Subrogation Process Works

You may hear the term “subrogation” applied in discussing health insurance carriers’ claims on personal injury settlements. Technically, subrogation and reimbursement claims are actually different. For purposes of resolving the claims on your settlement, the outcomes are the same. In the following discussion, we will follow the common practice of referring to the health plan’s claims as subrogation claims.

Subrogation Notice Letters

If you have been involved in an accident, you will likely receive a letter from your health insurance company that asks details about the accident. In particular, the letter will ask if the incident was work-related, if a third party was involved, and the name of the insurance adjuster for the at fault party.

The letter will also request information about whether you have hired an attorney, and if so, his or her contact information. Finally, the correspondence or form will likely remind you of language in the insurance policy that states the insurance carrier has rights to full reimbursement out of any personal injury recovery you obtain, whether by settlement or jury verdict.”

Lastly, How The Insurance Adjuster Handles Your Personal Injury Claim tells us how they approach personal injury claims. Here’s the excerpt:

“How an Insurance Adjuster Decides on an Offer

In personal injury cases, insurance adjusters usually consider the same factors that juries would look at in deciding what damages are appropriate. This means the adjusters are usually looking at:

  • Actual expenses (medical bills and costs) that have been incurred and that will be necessary for the future
  • Actual losses in the form of lost income or lost wages
  • Pain and suffering damages
  • Emotional distress damages

Some of these costs (those for actual expenses and losses) are very easy to determine. The numbers can just be added up. Pain and suffering, on the other hand, is much more subjective.

Auto Insurance

Car Insurance is another very crucial (and legally-mandated) form of insurance, car insurance covers all vehicles (cars, motorcycles, trucks, and all that.). Auto insurance can protect against both physical damage and bodily injury resulting from a crash and usually covers liability as a result of a crash as well.

Life Insurance

This insurance protects the insured against the monetary losses related to death. You contribute a regular premium in return for the benefit payment to a designated recipient upon your death. This insurance provides for peace of mind, permitting you to know that your family won’t be burdened monetarily upon your death.

Property Insurance

If a business owner possesses a building, equipment in the office, inventory, or computers, property insurance is a choice. These policies cover in case a fire, theft, vandalism, smoke damage, and all that occurs. Small-scale business owners could also consider the loss of earning or business interruption insurance in the policy to cover earnings if the business stops to operate.

BOP (Business Owner Policy)

A BOP packages all necessary coverage business owners would require. Frequently, BOPs will take in business interruption insurance, vehicle coverage, property insurance, liability insurance, as well as crime insurance. According to the specific needs of the company, you can change what is comprised in a BOP.

Usually, business owners will save cash by selecting a BOP as the bundle of services frequently costs less than buying all of the separate coverage.

car accident

Beware of These Car Accident Injury Types

Car accidents are the primary cause of injuries. In 2012, more than 5.6 million vehicle accidents were reported in the U.S. Among these, more than 30,000 were deadly, and another 1.6 million entailed other injuries. The damages and injuries left behind can be huge. The car accident economic cost is likely to be $277 billion every year – or approximately $897 for each person residing in the U.S.

While such injuries can differ in between crashes and among individuals, there are a few rather common ones. This article offers a general idea of the common vehicle accident injuries. More particular details of a certain case should constantly be acquired from a physician.

The article entitled Types of Car Accident Injuries by FindLaw talks about a few fairly common car accident injuries. The article offers an overview of a couple of car accident injuries:

car accident case
wrecked car

“Head and Back Injuries

Head injuries are among the most serious car accident injuries. Seated drivers and passengers involved in high-speed collisions can strike their heads against steering wheels, dashboards, or windows. This can cause traumatic brain injuries, ranging from mild concussions to comas and lasting cognitive problems. Often extensive medical treatment and long-term medical care are required after such injuries. Head injuries can also lead to skull fractures, hearing loss, and vision problems.

Back injuries are also common. Any damage to the spinal cord can cause significant nerve damage. Patients may experience reduced sensation of and control over their arms, hands, legs, feet, and other body parts. More serious forms of spinal damage can leave patients permanently paralyzed. Another common car accident injury is a herniated disk. This tends to be less severe than spinal damage or head injuries but can still cause significant problems. Patients often experience numb or tingling sensations, muscle weakness, and arm or leg pain.

Neck and Chest Injuries

Probably the most well-known car accident injury is whiplash. The sudden movement of the head and neck (such as from a rear-end collision) can cause serious neck muscle and ligament damage. Whiplash injuries can differ from person to person, depending on the accident and the health of the person involved in it. Generalized neck pain and swelling is also fairly common. It is also not unheard of for patients to suffer temporary vocal cord paralysis after a car accident.

Many serious injuries are related to trauma affecting the chest area. Blunt force trauma from car accidents can cause broken ribs and collapsed lungs. People with heart problems can go into traumatic cardiac arrest from an accident. Internal bleeding in the chest area can be an immediate problem following an accident. Damage to internal organs, the pelvis, and the abdomen can also occur. These kinds of injuries require immediate medical attention.”

car accident
Two cars bumping into each other.

Other Injuries

Injuries to the legs, feet, arms, and hands can be common. Accidents that involve pedestrians can undergo foot and leg injuries other than all those stated above. Motorcyclists involved in vehicle accidents can undergo significantly more severe and diverse injuries.

These can entail fractured bones, ligament damage like a torn ACL, as well as severed limbs. The motorcyclists’ fatality rate is also considerably higher than that of passengers and drivers in cars.

Emotional distress after a car accident is common as well. People most frequently ride in or drive a car with family members and friends. Severe car collisions can leave emotional traumas on people who suffered severe injuries and those who saw them. Therapy and treatment for PTSD and related psychological damage is rather common.

Some injuries could resolve in a matter of days even with no medical treatment. More severe injuries could become long-lasting and cause some degree of physical incapacity. Nolo’s What are the Most Common Vehicle Accident Injuries? is an article that discusses briefly the questions that can result in the severity and type of injuries experienced by the car accident victims. The questions are:

  • Was the person wearing a seat belt?
  • Did the person’s car get hit from the rear, side or front?
  • Was the occupant facing straight ahead in the seat? Or was the person’s head or body turned in a certain direction?
  • Was it a low-speed collision or a high-speed crash?
  • Did the car have airbags?

If you want to know more about types of car accident injuries as well as the factors that might have caused them, it would be best to consult with a personal injury lawyer. There are law firms that provide a free consultation to get you started.

 

personal injury results

How to Be Qualified for Workers’ Compensation Benefits?

Everyone who was been injured in an accident is entitled to compensation if the accident was caused by the negligence of other people, especially at work. The problem is that people are not aware of the requirements for compensation and end up not getting the compensation they deserve.

In this post, we are going to discuss the different requirements to be qualified for worker’s compensation benefits. This information should help you make a claim if you happen to experience a work-related accident.

So keep reading…

Requirement One: Employer Should Be Covered By Workers’ Comp

Employers are not required to carry workers’ comp coverage. State laws can vary, but the responsibility of an employer to provide insurance usually varies according to how many workers it has, what kind of industry it is, as well as what kind of work the workers are doing.

For instance, some states only require employers with no less than three employees to be insured, but most states do not set a minimum. Additionally, a few states permit charities to withdraw from the workers’ compensation system while other states don’t.

In general, the majority of employers are compelled to have coverage; and if your employer claims not to be insured by workers’ comp statute, then you may want to verify with a lawyer.

Normally, employers may offer coverage either by buying insurance or by self-insuring. Numerous employers buy workers’ comp insurance even though they are not compelled to do so. State laws usually permit these exempted employers to choose the workers’ compensation system.

law justice
Selective focus on the word “justice”. Many more word photos in my portfolio…

This permits the employer to make sure that its workers are paid for work-related injuries — and that they cannot file a case against the employer.

The government has its workers’ comp system. If you’re a federal worker, you should look to that system instead of your state system.

Requirement Two: You Should Be A Worker

Not all employees are workers when it comes to the workers’ comp eligibility. For example, independent contractors aren’t employees and aren’t qualified to workers’ comp benefits. Independent contractor examples could include computer consultants or freelance writers. Numerous employers misclassify employees as independent contractors when they’re

Numerous employers misclassify employees as independent contractors when they’re real workers, however. If you’ve been denied worker’s comp benefits because your employer claims you’re an independent contractor, then you should talk to a lawyer.

Generally, volunteers aren’t working, and so they aren’t entitled to workers’ comp benefits. But there are a few exemptions to this rule. For example, a few states specifically insure volunteer firefighters. Also, a few states provide organizations with the option of insuring their volunteers.

Requirement Three: Illness or Injury Should Be Work-Related

If your illness or injury is work-related, it’s most likely insured by workers’ compensation. In general, if you were performing a task for your employer and consequently became ill or were injured, then it is work-related.

For instance, if you injured your back while unloading boxes as part of your job, become ill because of exposure to dangerous chemicals at the work area, or develop a carpal tunnel syndrome due to typing on the job, then your injuries are obviously work-related.

However, sometimes, this problem is more difficult to figure out. Let us say you were harmed during lunch break, but while buying a sandwich for your supervisor. Or maybe you were harmed while commuting to work inside the company vehicle, walking to an off-site event with fellow employees, or playing basketball at the company event.

In cases like these (the injury did not occur at work yet has the connection to the job), it is not always simple to determine whether or not you’re covered.

Seek Help

Opting for compensation may not be easy, especially if you’re not so familiar with the endeavor. You may end up getting less than the compensation you deserve. To make sure you get just compensation, it would be best to work this out with your lawyer. Working with an experienced lawyer would spare you a lot of trouble along the way and ensure your way to success.

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.

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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.”

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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.

 

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