Car Accident

Each year, thousands die because of motor vehicle crashes. Caraccidents involving the collision of two cars are the most commontype of crashes, although a large percentage of fatalities in caraccidents involve motorcyclists and pedestrians. Because of theincreasing number of property damage, personal injuries and deathsdue to car accidents, states put in place legal rules to determinewho is responsible for the damages resulting from a collision.

Car accident law consists of the principles of negligence, which isgoverned almost entirely by state law. There are differences instate laws governing claims or suits seeking damages resulting fromcar accidents, but typically victims must prove the following: (1)presence of duty of care, (2) breach of such duty, (3) the breachcaused personal injuries or property damage, and (4) and the victimincurred monetary losses.

In terms of duty, drivers are legally obligated to obey traffic rulesand drive their vehicles with reasonable standard of care, whichmeans maintaining safe speed, exercising awareness and observingtraffic signals. During litigation, the existence of duty isgenerally accepted without argument. The plaintiff, however, willneed to prove that the drive breached his or her duty. Breach of dutyis proven through direct or circumstantial evidence. Direct evidenceinclude eyewitnesses, testimony, video footages, or admission offault. Circumstantial evidence include skid marks, paint smudges, oralcohol tests.

The plaintiff must further prove that the breach of duty causedinjuries by demonstrating that the injuries are consistent with thenature of the crash and they were not pre-existing. Moreover, theplaintiff needs to prove that the injuries resulted to monetary loss.Once a jury, after trial, determines that the plaintiff has provenall four elements, the plaintiff will be entitled to compensation fordamages, which include medical expenses, pain and grief, lost wages,among others.

Car accident cases are not complex, but litigating claims for damagesarising from property damage, personal injury or death related to caraccidents is tricky and tedious, requiring plaintiffs to confer withcounsel prior to initiating any suit. For the most part of thelitigation, any act or omission by the plaintiff or defendant maylead to either a win for the plaintiff and defeat for the defendant,or defeat for the plaintiff or win for the defendant. What this meansis that, both parties to car accident litigation must beknowledgeable of how the system works, and not just what the lawprovides, in order to win the case.

For instance, car accident litigation is factual, which means,everything that happened before, during and after the accident mustput in record, and every detail must be taken note of, for theplaintiff or the defendant to build a strong case in his or herfavor. Being factual, the plaintiff or defendant must produce bothdirect and circumstantial evidence to prove their case. There arenumerous rules of evidence that must be taken into consideration sothat an evidence will not be thrown out as unacceptable, weakeningthe case. In addition to winning a case for damages, there is alsoanother complicated matter on seeking compensation from the losingparty's insurance. One is not prevented from representing himself incar accident cases. An expert attorney, however, can protect a clientfrom the opponent's tactics.

Areas of Law

Real Estate Law - Legal Information and Resources

Real Estate Law

Real estate law governs the legal issues arising from the ownership, purchase, transfer, rental, titling, development, zoning, and loans related to real property. "Real property," which is used interchangeably with "real estate" and "realty" refer to the land and structures, including other tangible aspects of the two, such as permanent fixtures in the land and structures. Real estate law is comprised of numerous, and often conflicting, rules and regulations enacted by states and other local governments. Real estate attorneys thus are versed in different aspects of the law and often concentrate on specific areas.

One of the common issues arising from real estate law would be the sale and purchase of real property. It is customary for sellers to engage the services of real estate brokers to seek out buyers for their property. Typically, the seller and the real estate broker enter into a listing agreement under which the broker agrees to list the property so that buyers may find it. In exchange, the seller agrees to pay the agent a commission, which is based on the proceeds from the sale of the property. The brokering business is governed by law and are subject to certain requirements, including licenses to operate, the requirements of which vary from state to state. As part of their required professional conduct, real estate brokers, under the Federal Fair Housing Act, are prohibited from discriminating against prospective buyers based on race, color sex, among others.

The sale of real property is governed by another set of laws, which, again, vary from state to state. Because the seller and the buyer come to a meeting of the minds in the purchase of the property, the sale of property is generally governed by contract law. Under contract law, a sale agreement is required to be put into writing for documentary evidence in case there is fraud in either of the parties.

Of the requirements in the sale of real property is that the property must have an appropriate title and the title to such property must be marketable. This means that the title must be clean in that there are liens attached to the property. It is in this stage of the sale process that buyers often require the help of real estate attorneys to look into whether the title of the property is marketable. Following an attorney's assurance that the title is marketable, a deed of the land must be executed. Some states require that deeds must be placed on official record so that the whole world will be notified that there has been change of ownership. The deed requires a detailed description of the land, in terms of metes and bounds, which description must be filled up by land surveyors. To finance the purchase of a real property, the prospective purchaser often obtains a mortgage because the cost of purchasing the property may be too steep and the prospective buyer might not have on hand the cash required to make such a purchase. Mortgage is governed by another set of laws.

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