Civil Rights

Civilrights, which include the right to vote, right to equality, freedom from involuntary servitude, and freedom of speech, press, assembly,is an enforceable right. Only when it is trampled upon that a person may seek redress. Civil rights law protects and preserves the liberties enjoyed by all citizens in the United States. Civil rights law also protects individuals from government conduct, which are arbitrary and which deprive individuals of their lives or property without due process of law.

The Bill of Rights in the U.S. Constitution is the primary source of civil rights law. The most important expansions of civil rights inthe United States are embodied in the Thirteenth Amendment, which abolished slavery throughout the nation, and the Fourteenth Amendment, which constitutionalizes due process of law and equalprotection of the law. The decades that followed the enactment of theThirteenth Amendment and Fourteenth Amendment saw the creation of numerous civil rights statues, most of which are still in place in the United States.

Congress passed into law the Civil Rights Act of 1964, which prohibits discrimination in public establishments connected to interstate commerce or are supported by the state. The Act defined public establishments to include places of public accommodations, restaurants, gas stations, bars, and places of entertainment. Subsequent legislation prohibited discrimination in public schools and colleges, and in federally funded problems. The Act further expanded to prohibiting discrimination in the workplace.

The Supreme Court's decisions in civil rights cases have resoundingeffects as to how civil rights are recognized throughout the nation.Supreme Court decisions also has a huge influence on how Congressenact civil rights laws and how states protect these rights.

One of main issues arising from civil rights violations is discriminationin workplace, especially with regards to gender, are common. Women,increasingly members of the LGBT community, are susceptible to sexualharassment and suffers undue disadvantage in career promotionsbecause of gender.

Another common issue is the improper conduct by law enforcement resulting toexcessive force or brutality, illegal searches and seizures, falsearrests, and unjustified police shootings. Power play often figures in lawsuits arising from police brutality, as the police or the federal government would typically argue that their act was on behalfof their duty to maintain peace and order. These lawsuits are also often emotional as surviving members of the victim's family try to seek justice for individuals killed by the police. Most often, these lawsuits are also politically charged especially in cases where race or ethnicity play a role in the police conduct.

In addition, another main issue arising from civil rights violation is malicious prosecution. As new technology are developed to probe evidence, many individuals across the nation are filing lawsuits seeking redress of their wrongful conviction. These cases involve large settlements and jury awards and would need skillful litigating tactics of a civil rights attorney. Another common abuse to civilrights is prison brutality. In recent years, inmates have gained stronger voices in telling courts of inhumane and cruel practices incorrectional facilities. Inmates, however, cannot keep a steady voice without a civil rights attorney who is ready to fight against the government.

Areas of Law

Personal Injury Law - Legal Information and Resources

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