Personal injury law is often a wide legal term and the affected parties in a dispute frequently have troubles understanding their rights and making a proper decision which sometimes can involve a legal case. In this article, we are going to give you an insight into a personal injury law and explain to you how to protect yourself when this type of cases arouses.
This type of legal disputes happens when one party suffers some wrong or harmful behavior from another party, often caused by accident or injury. In this case, the other party might be held legally responsible for causing that harm. The affected party might find the solution to the problem in civil court, but often that kind of cases are resolved between the parties, where they agree to have an informal settlement and avoid filing a lawsuit.
In cases where affected parties decide to prosecute, he will have two options:
To file a formal lawsuit, in this case, affected party or private individual decides to file a complaint to civil court, where he decides to prosecute another person who made him wrong, in this case, that another person is a defendant. It doesn’t have to involve only an another person, a plaintiff, can make a formal complaint against the government, corporation or business company. This type of action is commonly used a legal term, called filing a lawsuit.
To have an informal settlement, most of the cases where personal injury law is concerned, involved parties resolve their dispute through an informal settlement. They use their insurances, and the lawyers are present to represent the both sides. This type of settlement is usually resolved through negotiation and at the end of the agreement both sides need to sign legal documents where they agree to respect each other’s decisions and the defendant need to pay a certain amount of money to the plaintiff.
The affected party needs to be very careful when filing a lawsuit because he needs to respect the statute of limitations, but that is that? This is a limited period when affected party is injured or when he discovers the injuries. State law is responsible for establishing the statute of limitations, and it can vary from country to country. For example, the statute of limitation in Texas are two years, but for more serious crimes, it can be prolonged up to five years. In this period the plaintiff needs to file a complaint to civil court. Otherwise, he will lose the right to prosecute the defendant and to acquire monetary compensation.
Many other types of law find their solution in the statute, but, regarding personal injury law, the court has the final decision, and it doesn’t matter if it’s injury or an accident.
If by chance you have suffered some accident, you should consult experienced attorney which legal expertise is personal injury law and based on your injuries he will advise you should file a complaint to civil court.
Medical errors are subject of medical malpractice which can have serious concrescences on the patient and can result in permanent disability or death. These type of errors can happen at any moment of treatment, from wrong medication to prescribing the wrong dosage of medication, or perhaps when a doctor makes a wrong decision and combines two drugs that have a harmful effect on patient’s body.
Analyzing the history, in the last eight years, 250,000 people have died each year from some medical error. And these things continue to happen.
Each year patients in U.S. face with these medical errors that often result in death:
Wrongly prescribed medication
This type of action involves when a doctor prescribes the wrong drug, or wrong dosage or combines it with another medication that has harmful side effects on patient’s health. Pharmaceuticals are also responsible for medical errors because they didn’t read the doctor’s prescription correctly. Patients are entitled to protection, and they have the right to ask anything concerned with the medication that they are receiving. It is doctor’s duty to explain to the patient how the specific drug influences on his body and his health.
This happens when a patient is scheduled to have an operation on one part of his body, but doctors by mistake operate another part of the body. For example, if a person is scheduled to have an operation on his left leg, medical personnel perform the operation on his right leg. Wrong surgery can also happen when the correct site is determined, but the surgery is performed on another person. For common sense, these type of mistakes are obvious, but unfortunately, they do happen. This kind of mistakes can be prevented if medical personnel keep the charts and schedules organized.
Harmful medical devices
Since the technology is progressing every day, we now have the devices that can help us greatly treat some conditions and even prolong the life. On the other hand, some of these devices can be harmful to the human body and can worsen their condition than before their use. For example, some medical equipment can cause organ failure and different types of infection. Every patient should be well informed before agreeing to use any device.
Foreign objects in human body
For example, during the surgery, a doctor may forget some medical equipment inside of human body: sponge, a surgical tool or even a towel and stitching the patient. There are 772 cases of foreign objects in human body between 2005 and 2012, some even resulted in death.
A person who has suffered some wrong due to medical error has the right to seek compensation in the Court. It will have to prove which type of medical error is in question and how serious disability is. He has the right to receive lost wages, free medical expenses and personal pain and suffering. But, before any legal action, he must consult with a lawyer.
Divorce law usually deals with legal termination of the marital union between spouses. For many people, divorce is a first encounter with a court and with a legal system, and this may be a little intimidating. But, to have good legal grounds, you need to get familiar with divorce law and see what kind of obstacles are ahead of you.
Once you file for a divorce, the state will require from you to meet certain condition because not anyone can get a divorce. But, to get a divorce, you need to fulfill these requirements:
You must be based in your state for required period. Many states of U.S. don’t require residency policy, and this may make you feel that you have a chance for a quick divorce. However, most of them require for both of spouses to be residents of the certain state for some minimum period before you can file for a divorce, or for your divorce to be granted. Most common residency policy is six months, but it can be up to few years, it all depends on the state in which you are filing.
You can only acquire a divorce in a state where you have permanent residence, but not in the state where you concluded the matrimony.
Different states have different divorce law; some will require from spouse to be separated for a certain period of time. With this requirement, the state is hoping that you will change your mind and reconcile with your spouse.
Before you finalize your divorce, you need to resolve series fundamental issues with your spouse, for example:
In which way, you will divide your property and debts? This type of action may involve another part of law to engage, for example, property law and federal tax law. This all can have a wrong turn if you don’t make an agreement with your spouse, especially if during the martial life you have collected a large number of assets.
You need to decide which one of you will be paying the alimony, for how long and the amount of the alimony.
If you have a minor child together: who should get the custody, how child support should be organized and the time and number of visitations during the month or week. When children are involved, this can especially harden the separation between the spouses because both parents play an important role in their lives, and it can be the stressful situation.
Considering child’s support, each state of U.S. has its rules regarding this issue and the minimum amount of the child support every parent is obligated to pay.
If you manage to make an agreement with your spouse, then your divorce will be quick and cheap, any other case which involves lawsuit might prolong your divorce and cost you big money.
Judge has the final decision when divorce law is concerned, you have the possibility to an appeal, but they are often hard to win.
Harmful or in others words defective products make wrong to a large number of people each year. For example, if you buy a product that doesn’t perform as presented in the advertisement, but doesn’t cause you any wrong, you may still have the chance to return it, in that case, you will receive an exchange or refund, but you have to be covered by a warranty.
However, in cases where you suffer some personal injury, and a defective product is responsible for that, you have the right to file a complaint and seek a compensation in the civil court.
There are three main cases of defective products in which you can seek a compensation:
When their design is defective – for example, a manufacturer of bikes designs a special type of brake cables, but when a rider presses a brake, the cables fall apart. This situation doesn’t have to be on heavy terrain, but in normal conditions.
When defects occur in manufacturing – for example, the developers of the car have inserted an accelerator that tends to freeze out of sudden, this may cause many serious injuries and even lead to death.
When defects happen in warnings – for example, if you have poorly written warning concerning some product, which can lead to serious consequences, for example, fire.
What are the person’s right which involves defective product?
The law provides protection when defective product is in question, and we have two situations:
The first situation is negligence – affected party must collect evidence of the damage to prove that defendant made some breach of protocol and caused harm to another party. This breach must be followed with an injury, disability, or damage that plaintiff suffered. For example, a car that hasn’t been tested properly, during the ride loses a wheel and by this action, it inflicts harmful and serious injuries to the driver. In this case, a plaintiff will receive monetary compensation for his injuries and damage.
The second situation is strict liability – this means that manufacturer of the product is strictly reliable for the defect that causes harm to an affected party. This type of action may happen when the product has been made, even when the manufacturer took all necessary actions and respected the protocol. In this case, the affected party does not need to collect evidence, which involves some injury or damage, to file a lawsuit.
There are many types of dangers of defective products which can cause you some harm and the law recognizes the following categories:
Defective medical devices, vehicles that involve some manufacturing defect, kids equipment, harmful drugs, toxic substances and chemicals, dangerous food and harmful consumers products.
If ,by any chance, you think that you are an affected party that has suffered some damage or injury caused by a defective product, the best thing to do is to hire a personal injury law and seek a compensation on the court.
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