PERSONAL INJURY LAW: PRACTICE IN THE USA
A lawyer is a person who has a degree in the field of law and he practices it. Whereby, laws are the established rules and regulations by the government (in this case, the United States) to maintain socio-economic and political stability along with providing justice in all areas. Thus, a lawyer in the US should be able to provide you with the best legal advice, keeping in mind the rules laid down by the government.
Personal injury lawyers provide legal advice and support to the people who come to them with their injury claims. They may be injured physically, psychologically or through loss of a property. It is referred to a type of tort in United States jurisdictions in which the law states that the plaintiff’s injury has been caused by the negligence of another. Its lawsuit aims to provide protection and compensation to the people injured by someone’s action or negligence. Some of the types of personal injuries include:
- Brain injuries
- Spinal cord and back injuries
- Motor vehicle accidents
- Slip and fall
- Medical and dental negligence
- Vacation accidents
- Workplace accidents
- Defective products
- Wrongful death
These injuries can take place on roads, at workplace, at hospitals and on any unsafe property. Also, they can be due to negligence or defamation.
Negligence is to act inappropriately in a situation where the responsibility is supposed to be on a certain person. By law of tort, negligence is an act of carelessness by which the victim is not harmed intentionally. A plaintiff can be injured through medical malpractice, accidents or damaged property. If an injury is proved through proper evidence as a result of negligence, then the victim is entitled to receive compensation from the victimizing end.
Defamation is to give a false statement to harm the reputation of an individual, group, business or product. It can be categorized of two types;
- Slander, that is, spoken defamation. It includes spreading a false statement through word of mouth.
- Libel, that is, defamation through other forms of media including print, social media or any kind of images.
STEPS TO TAKE TO SETTLE A PERSONAL INJURY CLAIM IN USA
It is important to know when a personal injury is liable for being reported. An injury can be reported with a professional injury lawyer in the United States when an injury has caused a person physical and psychological damage. Also, the extent of the damage, that is, whether it had more economic or non-economic damages. Economic damages will include the loss of property, financial bills and medical expenses. Non-economic damages will include the pain and suffering of the plaintiff or permanent disability.
Following are some of the steps one should take to report and claim a personal injury case;
- Consult an injury lawyer
Once a plaintiff has suffered an injury he/she should get in touch with an experienced lawyer, but before the lawyer is selected some basic information relating to him/her should be investigated. It is essential to know the experience of the lawyer in the particular field of personal injury and what side of the cases has he/she been representing (that is, the injured or the culprit). The injury lawyer’s experience will be an added advantage for the person harmed, but at the same time it will be a point to worry for the opposite party. The time limit to file a lawsuit according to the US law is different for different states. Consulting a personal injury attorney becomes extremely important as the procedure is complicated regarding personal injury, the damages may be too extensive and at times insurance companies do not compensate the losses.
- Importance of evidence
Collecting evidence is the most important and crucial part of the entire process. The case does not hold any value without adequate evidence. Thus, each and every proof should be carefully collected so that there is a room created for further argument. Also, it will be helpful in determining the burden of liability on the other party. As minor as a torn cloth or a broken glass can make a big difference thereby, it is essential to preserve everything and record every detail. Pictures, testimonials, journals and medical reports can even help the injury lawyer to make a case strong.
The injury attorneys in the US have proper knowledge regarding the legal procedures thereby; they can take the case forward for court trials and get the claimant appropriate compensation. They know and can evaluate the compensation that should be received by the plaintiff. They are concerned for the injured to receive his/her deserving compensation as their fee payment is also made when the losses are recovered.
Minor injuries and losses which do not result in high expenses borne can be settled in small claims court. However, if the injury results in far-reaching consequences then a personal injury lawyer must be hired. Moreover, the severity and liability of the injury lead to the amount of compensation received; it might not be completely reimbursed if the claimant is also responsible for the injury.
PERSONAL INJURIES AND INJURY LAWYERS
United States has different personal injury laws for different states so there are different law firms and lawyers in each state. Some of the personal injury laws and lawyers are discussed in the following;
Personal injury: Accidents
Accidents, be it car, motorcycle or truck fall under one of the most common personal injuries. Firstly, it is important to know who is more responsible for the personal and property damage as a result of the traffic collision. Such cases are considered under the category of negligence. In most states, if a party is more than half at fault, then a major burden of the compensation falls on that party.
Motor vehicle laws differ from state to state, but there are some basic laws that are applied nationwide: it is not legal to drive motor vehicles if they have not been registered with the state of residence’s department of motor vehicles, or if the registration has expired. And the driver must have a drivers’ license to be able to drive a motor vehicle. The Law also lays a great emphasis on traffic violations while driving a motor vehicle, such as over speeding or driving carelessly. These violations are considered criminal offenses and are categorized as misdemeanors or felonies.
Personal Injury Attorney: Ryan Bornmaster
Mr. Bormaster is an experienced lawyer in the areas of Personal Injury Trial Law, Real Estate Law, Consumer Protection Law, Criminal Defense, Juvenile Law, Contract Law, Construction Law and General Trial Law. He is also the managing attorney and shareholder of R.B. Bormaster & Associates, P.C. in Houston is comprises experienced lawyers and support staff in the field of personal injury, car accidents, real estate, and criminal cases. He is allowed to practice law in the Supreme Court of Texas and the United States District Courts for the Southern and Eastern Districts of Texas. He is a member of the State Bar of Texas, Texas Trial Lawyers Association, the Harris County Criminal Lawyers Association, the Houston Bar Association, and the American Bar Association.
Personal Injury: Unsafe Workplace
Accordingly to the federal and state law, it is the responsibility of the employer to provide a secure environment for its workforce. Private sector employers should also follow these rules. Standardized procedures should be followed so that there are reduced risk of accidents and illnesses in the workplace. Government authorities have the right to investigate for violations. If there is noncompliance then monetary fines, and in some situations, imprisonment and other criminal penalties are imposed. Congress passed the Occupational Safety and Health Act (OSH Act) in 1970 which clearly mentions the right of the workers and responsibilities of the workers and employers respectively. It gives the right to information of health and safety to the workers whereby, they can inform the government if their rights are not protected. As for the employers, they must be aware of any dangers to their workers and must work to remove them. If the hazards cannot be removed then they should try to minimize them and train the workers to deal with them appropriately.
In 1970, Congress passed the Occupational Safety and Health Act (OSH Act). This legislation can be viewed in terms of the rights it creates for workers, and the obligations it places on their employers.
Workers’ Compensation attorney, Georgia: Mr. Gary M. Kazin
Mr. Gary M. Kazin is a resident of Georgia for more than thirty years. He earned his law degree from Emory University in 1978. His bar admissions includes U.S Court of Appeals 5th and 11th Circuit, U.S. District Court Northern District of Georgia and U.S. District Court Middle District of Tennessee. In 1982, Gary Kazin started his practice as a worker compensation attorney in Georgia, representing workplace injury victims.
Personal Injury: Wrongful Death
Wrongful death occurs when someone’s actions results in the death of the plaintiff commonly found in negligence cases, such as medical malpractice. It can also occur as a result of intentional behavior, such as use of defective products. Wrongful death law aims to protect the family that is left behind. Initially, in early American courts there was no law that allowed the family of the deceased to bring the case to the court, but now defendants cannot run away easily.
To settle a wrongful death case attorneys require proper resources and expertise. Lawyers who handle these cases must be well aware of wrongful death laws in their specific state and must be able to bear the cost of preparing the case as they can only be paid if the plaintiff wins.
Personal Injury Attorney, Atlanta: Mr. Andrew Goldner
Mr. Goldner graduated from the University of Virginia and started his practice by defending medical health care providers and insurance companies. His cases mostly comprises of serious injury and wrongful death through long-term negligence or unsafe property. He has successfully recovered a high amount for his clients and has been successful in cases of jury trials. Mr. Andrew Goldner has been given the prestigious title of ‘Super lawyer/Rising Star’ by other layers in Georgia which is only given to only 5% of the lawyers of his state.
Related injury lawyers and injury attorneys sources:
- Tort, http://www.hg.org/torts.html
- US Injury Attorneys, http://www.hg.org/article.asp?id=35010
- LAW: Personal Injury, http://www.hg.org/law-articles-personal-injury.asp
- Personal Enjury, http://en.wikipedia.org/wiki/Personal_injury
- Negligence Defence, http://biztaxlaw.about.com/od/glossaryn/g/negligencedef.html
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