Archive for May, 2015

Personal Injury and Brain Death

Posted on May 29, 2015

Personal Injury and Brain Death

Questions about brain death, brain function, and similar issues often arise after a friend or loved one suffers a serious injury. What does it mean to be brain dead? Are there different types of brain death? What does it mean to be comatose, and is this different from brain death? Today, we are going to take a close look at brain death in personal injury cases so you can have a better understanding of some of these essential issues.

The Brain Has More Than One Part

To better understand brain injuries and brain death, we first have to understand the brain itself. The brain is a complicated organ comprised of many different parts. Each part can serve a specific function, multiple functions, coordinate with other parts, or any combination thereof.

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What is a Discovery of Harm?

Posted on May 19, 2015

What is a Discovery of Harm?

When it comes to personal injury lawsuits there are a lot of terms and ideas, such as the discovery of harm, with which most people are unfamiliar. These kinds of terms, though important, will usually require an attorney’s explanation in order for you to fully understand how they apply to your case. This is primarily because it is hard for most people to apply concepts such as the discovery of harm to their individual case because most people don’t have the requisite legal background.

Nevertheless, going into the personal injury process with a good base of knowledge will always be in your best interests. Understanding the legal terms you come across, and understanding what they might mean for your case, will allow you to be a much bigger part of the process, as well as allow you to make more knowledgeable decisions. To that end, let’s take a look at the discovery of harm.

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Commonly Asked Questions About the Federal Tort Claims Act

Sometimes people suffer an injury because of the negligent actions of an employee of the federal government. When this happens, the injured person often wants to know if they are legally allowed to sue that employee or even the federal government itself. When someone suffers an injury at the hands of a federal employee, the Federal Tort Claims Act, or FTCA, will determine whether you can sue. Here are several questions people often have about the Federal Tort Claims Act.

What is the Federal Tort Claims Act?

Enacted in 1948, the FTCA is a federal law that allows private citizens to sue the federal government in some situations. The FTCA allows private citizens to sue the United State government when an employee of the government acts negligently and causes that person harm.

Prior to the passage of the FTCA, private citizens couldn’t sue the government even if government employees acted negligently. This was because of a principle known as “sovereign immunity.” Sovereign immunity is a legal rule that says that state, federal, and tribal governments cannot be sued.
In other words, under the principle of sovereign immunity, people could not sue their government even if the government did something that harmed them. The FTCA is an exception to the general principle of sovereign immunity.

What is a tort?

A “tort” is any kind of wrongful action that leads someone else to suffer a harm for which the law provides a remedy. When a person commits a tort, that person can be sued by anyone who suffers harm or an injury that results from the wrongful action. In other words, a tort is the legal basis for a lawsuit that arises out of a personal injury case.

Under the Federal Tort Claims Act, people can sue the federal government for torts that arise when a federal employee negligently causes someone harm. Torts can arise out of several reasons, but negligence-based torts are the most common.

When can I sue the federal government?

If you suffer an injury at the hands of a federal employee, you can likely file a personal injury lawsuit against the government itself. In general, you can file an FTCA lawsuit if a federal employee negligently does something that leads to you suffering an injury or loss. However, there are some key limitations to this law.

First, the federal employee has to act within the scope of his or her duties when the harm arises.

Second, you can only sue the government if the federal employee acted negligently. Government workers who cause harm because of an intentional action are not covered under the FTCA, even though they might be covered under different federal laws.

Finally, the state in which the action occurred must have laws that allow you to sue the government. Because each state has different laws that apply to these types of situations, it’s vital that you speak to a personal injury attorney if you are considering any type of lawsuit against the federal government.

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What is an Affidavit of Merit?

Posted on May 1, 2015

What is an Affidavit of Merit?

Sometimes people who have been injured or suffered at the hands of a health care provider will come across legal terms such as “affidavit of merit.” Unfortunately, most people don’t have any personal experience with affidavits, much less affidavits of merit. To help explain what an affidavit of merit is, and why it plays a role in medical malpractice and personal injury cases, let’s take a look at some important concepts.

The Lawsuit Process and the Affidavit of Merit

Whenever someone wants to file a medical malpractice lawsuit, that person has to comply with specific laws and rules. Every state has its own laws that determine what a person has to do to file a lawsuit, though they all generally address the same basic issues. For example, the law states how long you have to file your lawsuit, what format the lawsuit must take, and the kind of information your lawsuit must contain.

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