Personal Injury

Personal injury law was enacted to ensure that individuals who suffered misfortune as a result of the negligence of others are adequately compensated for medical expenses, loss of wages, emotional distress or disability. Personal injury suits are commonly referred to as tort cases.

The most important premise in personal injury cases is negligence. Without establishing negligence by the defendant, a personal injury claim may not arise. Negligence is the failure to exercise certain standard of care expected from a reasonably prudent person in certain circumstances. For instance, a driver is required by law to follow traffic rules, such as driving at a certain speed and stopping at certain locations. When the driver is speed driving and causes injury to someone else, the driver is negligent as he was not driving according to what is required of him by the law. In another case, employers are required by law to provide protective gears to employees who are exposed to risky work. If these employees are injured as a result of not being provided protective gear, the employers are negligent and will be liable by law.

Once negligence is proven, the defendant is required to compensate the plaintiff for all injuries. Damages include punitive damages, property damage, medical expenses, and emotional distress. The calculation of damages for some injuries are easy, while the calculation of other damages may be difficult. For instance, the calculation of loss of earning capacity may require expert testimony.

Filing a personal injury suit is not as easy as proving negligence. One of the difficult aspects prior to initiating a personal injury suit would be identifying the proper defendant. It is thus imperative to hire an expert attorney to help the plaintiff identify the negligent defendants and additional defendants who may be liable for the negligence. Additional defendants could mean a landlord, in the case of a slip-and-fall accident, or insurance companies.

While negligence is an important aspect of personal injury cases, personal injury damages can also be claimed as a result of the intentional acts of other people. In these types of cases, which include assault, trespass, false imprisonment, the defendant intentionally inflicted injuries upon the plaintiff. A defendant may also be held liable, despite exhibiting standard of care required by law. This is called strict liability and happens in cases like demolitions or transporting hazardous materials.

Defective products also result to personal injuries. In defective product suits, the plaintiff will prove that the manufacturer's negligence in the design and sale of a product resulted to personal injuries. Manufacturers can also be sued for strict liability. Large class action lawsuits often start out as product liability cases.

Personal injury law does not just give those who suffered injuries remedies from the law, personal injury law also gives those who are accused of negligence defenses to ward off abusive claims. A defendant may argue three things to relieve him of any liability: (1) the plaintiff was partially or wholly responsible for his action; (2) the plaintiff assumed the risk; and (3) the plaintiff allowed the action that caused his personal injury. Many personal injury suits have been successfully thrown out because the defendants presented strong arguments. It is thus crucial to hire an expert personal injury attorney to ensure that personal injuries are compensated for.

Areas of Law

Traffic Law - Legal Information and Resources

Traffic Law

Driving in the United States requires two things: the driver must have a driver's license and the motor vehicle used must be duly registered. American traffic laws vary from state to state, although there are common basic rules, such as speed limit. Traffic laws form part of the more comprehensive motor vehicle law to ensure safety in roads. Motor vehicle laws are mostly regulatory laws that set up rules that should be obeyed by drivers and vehicle manufacturers. Traffic laws, on the other hand, govern the violation of motor vehicle laws.

Traffic violation laws governs unlawful activities involving a motor vehicle. Traffic violations include driving under the influence, or driving while intoxicated, driving without a license or driving with an expired or suspended license, and driving an unregistered motor vehicle or a motor vehicle with an expired registration. Traffic violations also include speeding, beating the red light, tailgating, and swerving. Other common traffic violations not wearing a seat belt and talking on a cell phone while driving.

Traffic violations can range from administrative to criminal offense, and the accompanying penalties would depend on the severity and the harm that could accompany such traffic violation. Driving while intoxicated or driving with license that was suspended as a result of the conviction of a criminal offense is a criminal offense and the conviction to these offenses can lead to incarceration. In most states, the traffic enforcement agency, usually the department of motor vehicle, gives points to a driver based on his violation. The number of points will determine the kind of penalty or sanction that the enforcement agency will impose upon the traffic violator. Traffic violation sanctions range from petty fine to suspension or revocation of driving licenses.

One of the nuances in traffic violation law is the determination of who has jurisdiction over the area where the violation was committed. Different government agencies takes charge in implementing a particular traffic in a particular location. This means that local enforcement agencies has authority to issue citations in a certain geographical area, but these areas often overlap. When faced with a traffic citation, the driver must review the citation to take note of the court that will hear the case or whether the citation requires personal appearance in court.

There are many ways to avoid points following a traffic violation. The law provides for other ways to avoid paying any monetary amount for a traffic citation. For instance, the law allows the traffic violator to attend traffic school. In addition, those who are falsely accused of traffic violations must retain the help of expert traffic violation law attorney as traffic violation, depending on the severity, is considered a criminal offense, and can have serious impact on one's life, including ability to obtain future insurance and employment. When wrongfully accused of a traffic violation, the accused can choose to go to a trial in order to argue against the violation. Going to trial, however, is a difficult and costly process, thus it is imperative to seek the help of counsel.

Areas of Law