Personal injury claims – assault and battery

Posted by on Jan 25, 2016 in Personal Injury, Injury claims |

he origin of a personal injury may be an action that was induced unintentionally, out of neglect, due to carelessness or just accidently, or intentionally, in which case we can speak of assault and battery since these legal categories fall into the intentional type of actions.

Even though most personal injuries come as a result of accidents – that is to say unintentional actions, assault and battery are still quite common and very serious due to very serious consequences that can possibly arise. As such, assault and battery are always good grounds for civil suits.

Typical case of assault and battery comes down to the following: the assaulted party, the one that suffered personal injuries due to behavior of another person, sues the offender in order to seek compensation for suffered harm and other damages which stem from the incident. Please visit here to read more.

It is important to have in mind the definitions of the terms „assault “and „battery“. Assault is defined as follows: any intentional act that is meant to cause a „reasonable apprehension of imminent and harmful contact“.
1444621877_1This is usually described as behavior or action that made the victim expect that he or she is about to suffer harm, or at least, that contact will be made in a harmful manner. The involved parties are named the victim (the side that suffers personal injury) and then offender (the one whose actions led to personal injury of the victim). Obviously, the first thing that comes to mind after reading these definitions is that, in order for assault to exist, no physical contact between the offender and the victim has to exist – only the apprehension of fear or imminent harm, but it has come as a reasonable consequence of the offenders actions.

On the other hand, the term „battery“ , although it varies from state to state in the U.S., is defined with the notion of contact, meaning that intentional and harmful offensive contact with the victim has to occur, even though it does not have to have physical harm as a consequence.

All that is needed for battery to exist is that the physical contact is offensive or inappropriate to a reasonable person and that the offender is aware of it and wants it to take place.
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Liability the most important thing of all

Posted by on Jan 25, 2016 in Personal Injury, Negligence |

Personal injury claims are almost always about someone’s negligence. That is quite normal since there is so much cars and traffic in the US, but also a lot of reckless drivers, which should not be omitted. Nonetheless there are few other areas of tort law that are widely spreading nowadays.

3One of them is strict liability, which is very often applied to product liability. That means that in some cases usually means that designers and manufacturers will be strictly liable for the injuries from defective products. So to put it in laic words – if some sort of a product that you bought, injure you in any kind of way, you only need to show and prove that the product was designed or manufactured in a way that made it dangerous to use in an intended way for a consumer.

Navigate to this web-site if you wish to read more.In such situation, there is no need to establish negligence of a designer or a manufacturer. If you can prove this, you are having a great chance for winning the case.

The second area would be intentional wrongs. These are rare, but they definitely do happen. The most common example would be a store detective who wrongly detained you for shoplifting. In that case you can easily file a lawsuit for false imprisonment. Accidents do happen, so say you are involved in a practical joke, and another person hits you, you would have a case for a lawsuit concerning battery without any problems. If you can back up the reason of your suing, there will be no problems in winning the case.

Liability or in other word speaking responsibility is very important. Being successful in determining the liability is the most important step. It is basic of our society. We are living in a democratic world and it is very important to be righteous.

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What does mean “strong case?”

Posted by on Jan 25, 2016 in Personal Injury |

Any kind of mistake is necessary to be documented in the records, for lawyers to have a “strong” case.

download (2)Sometimes small mistakes are overlooked, and where the case is slowly becoming grave, with no documented evidence, person cannot file a lawsuit, even though the damage is substantial. Nonetheless, experienced malpractice attorneys will not even be interested in the case if the injuries and damages are not documented in the medical records, after they are reviewed by an expert and in some cases if the injury is not substantial and justifiable.

It seems that being a patient is not easy in any way. Cautiousness is a definite virtue, even when sick or injured. And at those times, person cannot easily be aware of someone else’s mistakes. A good thing is having relatives, family and friends by your side; they can easily monitor your emotional state, and be at alert if things don’t go your way, so that being in a hospital doesn’t necessarily have to be a bad thing.

52d9327ba2181_pBeing proactive about your own medical health care can also increase the chances of your own wellbeing. You are your own advocate, and should feel free to ask questions about your state of health, and of course demand thorough answers. There is no need to be intimidated with medical system. The most useful thing to do is to research your issue, and be familiar with its details, and then any unanswered question can be pointed out to the person who is responsible for your health care.

Maybe you can ask your friends to give you some recommendations. There is no better advice than that.

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