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Avoiding road traffic accident claims when breaking down on the motorway - 10/28/2013
Justin Chan
Breaking down is bad enough, but breaking down on the motorway can be even worse. While motorways are safe for people to drive on, they're one of the most dangerous places to break down, with personal injury solicitors frequently dealing with people who have broken down on the motorway and who need to make a road traffic accident claim because another driver ran into the back of them or collided with them when they were walking down the hard shoulder. ...

Find the right real estate attorney - 10/7/2013

It is an epidemic out there! Real estate business has boomed in such a quantity that even the pace of its growth seems unreal. With the insurmountable growth of the human populace, property seems to be the biggest obsession in the commercial business ...

Your Personal Injury Claim and the Defendant's Evidence - 6/20/2013

The outcome of your personal injury case will depend on the evidence you present to the court and how you deal with the evidence presented by the defense. ...

Interviewing Your Personal Injury Attorney - 6/13/2013

Remember, choosing the right personal injury attorney can mean the difference between success and defeat. ...

Evidence in a Personal Injury Claim - 6/1/2013

If you have a personal injury claim, you must hire an experienced personal injury attorney. ...

Personal Injuries Caused by Defective Products - 5/21/2013

If you have been injured in an accident caused by a defective product, contact an experienced personal injury lawyer. ...

Liability in a Personal Injury Lawsuit - 5/13/2013

Personal injury attorneys understand that the standard of care a reasonable person would exercise in a situation will depend in the facts and circumstances. ...

You Will Need a Personal Injury Attorney to Deal With the Tactics of the Insurance Company - 4/30/2013

You will require the services of an experienced personal injury attorney to deal with the tactics used by the insurance company to deny your claim. ...

Personal Injury Claims Against Uninsured Motorists - 4/20/2013

Contact an experienced personal injury lawyer if you have been injured in an accident caused by an uninsured motorist. ...

A New Model for No-Fault and Workers’ Compensation Insurance - 4/18/2013
Frimette Kass-Shraibman
The current system of no-fault and workers’ compensation is broken. It is rife with fraud! In order to protect against fraud the insurance carriers over-aggressively deny coverage. True victims of accidents are therefore unduly denied coverage. This paper suggests new system for dealing with care, payments and fraud detection in the no-fault and workers’ compensation arena. ...

Fighting a Personal Injury Claim - 4/11/2013

Do not hide anything from your personal injury attorney. Disclose all facts relating to the accident. ...

Seeking a Default Judgement in a Personal Injury Lawsuit - 4/3/2013

A seasoned personal injury lawyer will evaluate your case before advising you of your next step. Any personal injury lawyer who offers you a quote or an opinion over the phone regarding what your case is worth either doesn’t know what he is doing or is doing a sales job on you. ...

Seeking a Default Judgement in a Personal Injury Lawsuit - 4/3/2013

A seasoned personal injury lawyer will evaluate your case before advising you of your next step. Any personal injury lawyer who offers you a quote or an opinion over the phone regarding what your case is worth either doesn’t know what he is doing or is doing a sales job on you. ...

Motorcycle Accident and Personal Injury - 3/30/2013

Seek the assistance of an experienced personal injury attorney if you have been injured in a motorcycle accident. Most motorcycle accident lawsuits are based on negligence. A motorcycle accident injury lawsuit is complex. It is best left to the expert - an experienced personal injury attorney. ...

Honesty Works in a Personal Injury Claim - 3/18/2013

It is essential that you be honest with your personal injury and with any healthcare provider treating you for your injuries from the car accident. ...

Damages You Can Claim in a Personal Injury Lawsuit - 3/10/2013

The damages that can be claimed in a personal injury claim are a combination of economic and non-economic losses. ...

Role of Personal Injury Attorney in a Car Accident Claim - 3/3/2013

If you have been injured in a car accident, seek the assistance of an experienced personal injury attorney. ...

Your Personal Injury Attorney's Fees - 2/24/2013

A personal injury attorney generally does not get paid unless you make a recovery. The standard method for how attorneys charge to do personal injury work is a percentage contract called a contingency fee. ...

Selecting a Personal Injury Attorney - 2/18/2013

Hire the best personal injury attorney for your case as soon as possible. The hardest part of this is to determine who are the top attorneys available for your case. ...

Your Medical Reports Are Important for Your Personal Injury Claim - 2/11/2013

When an automobile accident occurs, whether it is between two cars, a car and a motorcycle, a car and a semi, a car and a pedestrian or with a car and bicyclist there are several things to do on the scene and immediately thereafter. ...

Your First Steps Can Affect Your Personal Injury Claim - 1/30/2013

Give your statement to the investigating police officers. If you do not require immediate transportation to the emergency room, it is important to explain to the investigating police officer how the accident occurred. ...

Understanding Your Insurance Contract is Vital for Understanding Your Personal Injury Rights - 1/24/2013

There are so many people jamming our roads highways, it is impossible to know who is carrying car insurance and who is not. Uninsured driving is becoming an increasing problem across the United States. And even those who carry insurance, may be only carrying the minimum coverage which can pose problems for you even if you are NOT responsible for the accident. ...

Choosing The Right Personal Injury Attorney - 1/17/2013

A personal injury claim is not easy as it sounds. The injury may be personal but you will have to prove your injury if you want the negligent party to pay for your injury and suffering. ...

Delay and Deny - That's How Insurance Companies Deal With Your Personal Injury Claim - 12/29/2012

Even if you are the most carefully driver on the road, you are still likely to be involved in an accident – drivers are texting, talking on their phone, eating, speeding and generally distracted. They don’t even see you. ...

Evidence of the Legal Standard of Care In Nursing Negligence - 12/6/2012

A major difference between nursing negligence and malpractice cases is in how the standard of care (what a reasonable and prudent nurse would have done) is determined. In a negligence case, the jury may be allowed to use their own common sense (e.g., that reasonable staff members wipe up spilled water from the floor and failure to do so can cause a fall). ...

Medical Negligence - 12/2/2012

The nurse or facility has undertaken a professional/patient relationship and thereby agrees to render reasonable and prudent care. ...

Dealing With Your Lawyer - 11/25/2012

Despite your best efforts to settle your insurance claim yourself at some point in the process you might wind up wanting or needing help from a lawyer because of the seriousness of your injuries, complications in your claim, or simply an insurance company refusing to make you a reasonable offer. ...

Auto Accident Arbitration - 11/15/2012

In many states you must refer your auto accident case to arbitration before it can go to trail. This is known as mandatory arbitration. ...

Dealing With the Insurance Company - 11/6/2012

Being involved in an auto accident is a serious matter. Consult with an experienced lawyer if you are involved in a car accident. Dealing with the insurance companies immediately after an accident can be difficult. ...

Defective Products - 11/1/2012

Product liability is the area of tort law governing financial responsibility for accidents caused by defective products. Few legal arenas have proved more controversial in the past few years than product liability. ...

Birth of Product Liability - 10/26/2012

The age of technology has confounded the concept of fault. The American consumer acquires a bewildering assortment of machines, appliances, and pharmaceutical drugs as well as other products that pose unseen dangers. ...

Contributory Negligence/Comparative Negligence - 10/21/2012

With the rise of negligence suits in the nineteenth century, the requirement of fault (breach of the standard of care) also gave rise to a defense based on fault. ...

Negligence - 10/13/2012

The Industrial Revolution of the nineteenth century and the automobile of the twentieth both caused a marked increase in serious personal injuries. ...

Concept of Fault - 10/4/2012

The concept of fault is central to the development of legal theories of tort. Ultimately, the resolution of a personal injury suit involves the question of a transfer of wealth from the defendant to the plaintiff. ...

Duty of Health Care Providers - 9/27/2012

Respect for persons means to respect that each person is a human being with full human rights. ...

What to Do Immediately After an Accident - 9/18/2012

If you have been involved in an accident, you should immediately call 911. Once you have received first aid and you have overcome the shock, you should access the damage to your vehicle. ...

Standard of Care - 9/12/2012

A health-care practitioner must exercise the same degree of care and skill that an average practitioner would in similar circumstances. ...

Strict Liability - 9/4/2012

Is there a case for going beyond even the objective standard of negligence and making a defendant pay compensation even though he has not in any sense been at fault? ...

Civil Actions for a Helicopter Crash - 8/30/2012

In case of a helicopter crash, Federally mandated investigations are launched to determine the probable cause(s) and to uncover any regulatory violation(s) in case of a helicopter crash. Recommendations for rule changes or penalties may follow. ...

Amusement Park Injury - 8/21/2012

In recent years, product liability litigation has been extended into many areas, including recreational equipment such as pool tables, trampolines, amusement rides, and attractions. ...

Liability of Coaches and Physical Education Teachers - 8/13/2012

The coach and the physical education teacher are responsible for providing reasonable supervision to the student-athletes under their direction. ...

Injuries and Illness from Medical Procedures - 8/6/2012

When a person goes to a hospital, he or she expects to be treated for his or her injuries or illness. However sometimes, despite the best intentions of the hospital staff accidents and errors occur and the patent develops some other injury or illness. ...

Employer Liability for Bus Accidents - 7/29/2012

Bus accidents can result in serious injuries to the passengers and others on the road. Bus accidents can sometimes be fatal. ...

Vicarious Liability - 7/26/2012

A suit against an institution or supervising entity in malpractice claim serves a number of purposes, the primary one being to encourage institutional responsibility. Suit against an institution affiliated with the negligent doctor also affords a victim practical benefits. ...

Employer's Liability for Employee's Act Outside the Scope of Employment - 7/16/2012

A professional's negligent act, in the absence of special circumstances making such an act foreseeable, may be of a character that is considered presumptively outside of the professional's scope of employment. ...

Importance of Medical Records - 7/12/2012

The medical record in its entirety is a written chronicle of the medical and nursing care that a patient has received or is expected to receive over a period of time and a record of those who provided that care. ...

Fatigue Can Cause Medical Errors - 6/29/2012

Provision of institutional health care is a 24-hour-a-day business. Hospitals and nursing centers must be staffed around the clock with professional medical care providers to provide continuous health care. This necessitates the use of standard shiftwork and some nonstandard work schedules. ...

Psychological Injuries - 6/22/2012

Sometimes an accident victim may suffer more than just physical injuries. The victim may suffer psychological injuries. For example a motorcycle accident victim may never want to ride a motorcycle again. ...

American marriage has become a business opportunity - 5/31/2012

The sorry state of the American marriage has become a business opportunity for Jim Halfens, 33 year old entrepreneur from the Netherlands who plans to open a hotel called Divorce Hotel where married couples can check in on a Friday and check out on Sunday with divorce papers in hand. ...

Damages - 5/31/2012

Damages is the amount of money awarded in a lawsuit to compensate for losses or injuries sustained to the person, property, or legal rights through the unlawful actions of another. ...

Law Firm Practice revene costs - 5/25/2012

A member of www.NAPIL.com, who runs a law firm of 4 associates in Southern CA, has posed some questions about the averages for his practice in the industry. ...

Professionals and Duty of Care - 5/23/2012

The law gives the user of a service certain legal rights. Legal rights impose duties on others and there are legal sanctions where these duties have been either negligently carried out (commission) or not carried out at all (omission). ...

Organizers of Sporting and Recreational Activities - 5/15/2012

So far as the organizers of sporting and recreational activities are concerned, they owe a duty to participants in their capacity, not only as organizers, but also as occupiers of the premises or facilities concerned. ...

Federal Tort Claims Act - 5/8/2012

In 1821 the Supreme Court of the United States held that no person could pursue an action against the U.S. government unless the government in some way consented. In 1946, the Congress of the United States partially waived this sovereign immunity by enacting the Federal Tort Claims Act (FTCA). ...

Negligence in Auto Accident Cases - 5/1/2012

Auto accident cases are complex. Gathering evidence for trial in an auto accident case is very important. Auto accident victims seeking compensation should hire an experienced personal injury attorney. The attorney will gather the necessary evidence and ensure that the accident victim gets the compensation he or she rightfully deserves. ...

Is it Fair to Make Someone Who Harms Another Pay Them Compensation? - 4/29/2012

The short answer is: yes, at least when by their fault they have caused physical harm to another's person or property. Fault, as in criminal law, includes intention and negligence. But by what standard does personal injury law judge whether someone has been negligent? ...

Errors in Team Settings - 4/18/2012

Although errors are made by individuals, most work situations are such that a person is a member of a group or team either directly or indirectly. The distinction between teams and groups is a matter of the degree of formal allocation of roles. ...

Human Error in Medicine - 3/27/2012

Although accidents and adverse events in health care are numerous, they are insidious. Except for celebrated malpractice claims, they usually go unnoticed in the public media and underreported in compilations of accident statistics. ...

Uninsured Motorist Coverage - 2/27/2012

Sometimes, the at fault driver in an accident may not have insurance coverage. Such drivers are known as uninsured motorists. ...

Drug & Medical Device Labeling Requirements - 2/27/2012

The Food and Drug Administration (FDA) relies on word labeling to regulate both drugs and medical devices. ...

Negligence & Injury - 2/27/2012

In any negligence claim, one issue is whether the claimant has suffered injury as a result of the breach of duty by the defendant. ...

Impediments to Environmental Tort Claims - 2/27/2012

A major barrier to the success of private litigation for many pollution problems is the difficulty of proving causation. ...

Design Defect Tests - 2/27/2012

There are two tests for determining if a product is suffering from a design defect. The first test asks whether the product performed as an ordinary consumer expected it to while using it as intended or when used in a manner that is reasonably foreseeable. ...

Negligence Action - 1/27/2012

Negligence actions often arise from matters of diagnosis or subsequent procedures or management. The failure to obtain consent may also result in actions in negligence ...

Malpractice - 1/27/2012

Malpractice, whether in education, medicine, law, or another enterprise, is a specialized form of negligence arising out of a professional practice. The basic claim in a malpractice case is that a professional has caused harm by failing in the duty to competently provide services as per the standards of the profession. ...

Obtaining Consent of the Patient - 1/27/2012

Depending upon any pre-existent doctor-patient relationship which provides a basis for mutual understanding, the nature of the clinical problem and the patient's attitude and capacity to understand, more or less time may need to be devoted to communication specifically directed towards consent. ...

Medical Malpractice Lawsuits and Patient Safety - 1/27/2012

Medical malpractice lawsuits promote patient safety both through visible public policy efforts and through less visible changes in hospitals and other health-care organizations. In the realm of public policy, medical malpractice lawsuits and the research they spawned have turned patient safety into a public health concern. ...

Governmental Immunity - 1/27/2012

In the old common law, the doctrine of sovereign immunity protected state governments from tort suits. This decision by government to prohibit its laws and courts from being used against itself was descended from a principle of English law that “The King can do no wrong.” ...

Professional Negligence - 12/27/2011

When a professional acts negligently, it can result in damages or injury to the professional’s client. Any person who suffers damage or injury from the acts or omissions of a professional can file a personal injury lawsuit against the professional for negligence. ...

Elements of a Personal Injury Claim - 12/27/2011

There are three issues in a personal injury lawsuit. First the duty of care, second the breach of the duty of care and third loss or damage following on the breach. ...

Element of Duty - 12/27/2011

The law of torts defines certain duties that the law imposes upon persons in the absence of a contract. A tort is a violation of one of these duties. One who commits a tort is sometimes called a tortfeasor. ...

Definition of a Motor Vehicle Accident - 12/27/2011

An accident involving a person falling while riding with or without permission on or in a motor vehicle, or getting on or off a motor vehicle which is in motion is also covered by the definition of a motor vehicle accident. ...

Coach’s Liability for Injury to Children - 12/27/2011

Anyone involved in coaching must owe a duty of care to those being coached. However, difficulties may be experienced in deciding exactly what comprises the duty of care. The law can only lay down principles to be applied in each particular situation. ...

Medical Profession and Negligence - 11/28/2011

A patient who is injured through medical care may have a right under law, to claim compensation from those responsible. Debate continues about such injuries and the responsibilities of doctors in relation to them and their consequences. ...

Damages for Medical Negligence - 11/28/2011

Actions for negligence imply that the plaintiff has suffered damage. The courts accept that damage may be physical or mental ('nervous shock') or involve economic loss. The award of damages is related to the degree of harm or loss and not to the degree of negligence. The compensation is intended to restore the plaintiff to the position that he or she would have been in if negligence had not occurred. ...


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