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Types of injuries

Posted by on Jan 26, 2016 in Personal Injury, Types of injuries |

When a plaintiff wants to file for a lawsuit because of some personal injury he has to prove defendant’s negligence. The following elements involve negligence: to prove defendant’s duty, breach of that duty, actual cause of the injury and damages. These elements can be found in any type of situation, such as: car accident, medical malpractice, product defects and other. What determines the value of the case are the nature and severity of presented injuries.

These injuries may involve: broken bone, brain injury, injury that was resulted with death, drowning, electrocution, fire injury, spinal/back injury, loss of limb, disfigurement and paralysis. 

article-2332299-1A0A6C08000005DC-743_634x380The plaintiff’s attorney will present the case to the court and he will use all available resources, testimony of the doctor as well as other expert’s testimony to prove the seriousness of plaintiff’s injuries. The plaintiff can expect the compensation to cover medical costs regrading an injury, but that is not all.
For example: if a person gets hurt in truck accident and suffers paralysis, he has the right to sue not only the driver, but also the trucking company. The victim may have to testify on the court and presents that he lost the enjoyment in life and suffered mental pain. The doctor of the plaintiff may have to be called to testify in order to present to the court the severity of the injuries and if this type of paralysis prevents plaintiff to works in same capacity or is he qualified to work in other jobs that pay similar wages.

Insurance companies that usually insure the defendant, will take the right to hire an investigator to investigate suspicious claims and injuries and they will conduct the surveillance of the plaintiff. In order to these evidence be valid on the court of law, they must be conducted on pubic place and they mustn’t endanger the privacy of the plaintiff.

Common mistakes that happen to plaintiffs are the posts on Facebook and other social media. Experienced investigator will use any type of mistake to prove that plaintiff is exaggerating in his claim and it will use that facts to brigs down the case.

Sexual Abuse

Posted by on Jan 26, 2016 in Personal Injury, Sexual Abuse |

Any type of forced of illegal sexual conduct against other person is considered sexual abuse. There are number of situation that fall under this category, such as: rape, sexual harassment, forcing a person or a minor to see, or to take participation in pornography, sexual exploitation of children and women and indecent exposure.

This type of sexual conduct is considered a crime mostly because the victim is not strong enough to defend itself, she didn’t give her consent and such type of behavior is forced. Minors, who are under 14 or 15 years of age, are considered not to be capable to give its consent no matter what is their level of maturity.

physical-abuse-300x148All these victims of sexual abuse have the right to file a lawsuit against the offender in the civil court. Find out more for help. The civil court’s goal is not to determine if offender committed the crime or not, or that he was guilty or innocent. In this situation civil court will seek to determine if someone is liable for the injuries that were the result of the crime. If civil court finds that offender is liable for the injuries, he will need to pay certain amount of the money to the victim and its family. Circumstances of the case will decide how big the amount will be.

It is important to know that any case of sexual abuse can give rise to criminal prosecution. Damages that are received in civil court are there to compensate for emotional distress and pain, due to a sexual assault, but they can cover medical care bills, counselling and rehabilitation if needed.

sexualabuse-1-300x200Victim of sexual abuse will in some cases be able to recover damages even the offender is freed of charges. Each state of U.S. has its own laws regarding sexual abuse and every one of them has statute of limitation for these crimes. One of the statute of limitations is that time frame must be fulfilled, in which the claim is filed. If an individual fail to follow these rules, it may mean he will lose the right to file for a lawsuit.

Brain injury

Posted by on Jan 25, 2016 in Brain injury, Personal Injury |

According to the research of the Centers of Disease Control and Prevention, annually 1.4 million of Americans suffer some type or brain injury. This term means every condition from mild concussions to serious traumas. Some symptoms may be obvious, others not. Some of brain injuries can be result of an accident. There are lot of situation, who may seem suspicious and have a ground for a lawsuit, most common are motor vehicle accidents and medical malpractice.

Symptoms regarding a brain injury are usually delayed and if a person suffered some type of accident that includes even a minor impact, it should seek immediate medical care. In most situations medical care will help to establish connection between accident and brain injury that was a result. Even if a person doesn’t think in those moments about the lawsuit, this can be a really helpful solution, because it will provide him to cover medical costs and out of pocket expenses. If you decide for lawsuit you can navigate to this web-site for help.

Boy with trauma of the headBrain injury in it general meaning is head or brain trauma caused by shaking, bumping, or penetrating by an object. Most common type of brain injury is concussion, which includes blow to the head or shaking of the brain. Some of these injuries may look naïve, but most of them can have permanent brain injury.
head-injury-250x127If a person suffers a brain injury because of an accident that other person caused, he has the right to file for a lawsuit, based on the theory of negligence. In order to prove his case, injured person must prove the liability of the defendant, establish the duty of care, which defendant had to fallow, breach of the defendant’s duty and actual injury.

The person can seek an economic and non – economic damages, which involve medical bills, lost wages, rehabilitation, property damage, pain and suffering and others.