Archive for August, 2015

Commonly Asked Questions About Defamation

Posted on August 29, 2015

Commonly Asked Questions About Defamation

When most people think of personal injury laws, they don’t normally think of defamation. But defamation is very much a kind of personal injury. In defamation situations, it isn’t someone else’s negligent actions that have caused you a physical harm, but is instead someone else’s words that have caused harm to your reputation or good name.

We live in a social, interconnected society, and a harm to your reputation can be just as significant as suffering a personal injury that harms your ability to live your day-to-day life. Here are several questions many people commonly have about defamation, what it is, how it can affect you, and what you might be able to do about.

What is defamation?

Words can hurt people, and can do so in more ways than one. If someone intentionally or recklessly uses words that cause you severe emotional distress, you might be able to sue that person to recover damages for the emotional harm you suffered. Similarly, if someone uses words to harm your reputation or good name, you might also be able to sue that person on the basis of defamation.

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Commonly Asked Questions About Assault and Battery

Personal injury cases not only arise out of situations involving negligent actions, but also intentional actions, such as assault and battery. In an assault and battery personal injury case, one person intentionally threatens to harm, or actually does harm, someone else without the victim’s consent. When this happens, the victim can sue the person who intentionally inflicted the harm for assault, battery, or both. Assault and battery tort cases can be a little confusing to those who don’t have a legal background. So, to help clarify many of the issues involved and explain what an assault and battery case is all about, let’s take a look at some commonly asked questions.

What is an assault?

An assault is an intentional threat to commit violence against another person. When someone assaults someone else, the aggressor threatens the victim with physical bodily harm. This threat, or action, has to be intentional, and must not only be aimed at causing the victim to actually feel fear or apprehension of being hurt, but must also result in the victim experiencing that fear.

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Common Questions About Wrongful Death

Posted on August 13, 2015

Common Questions About Wrongful Death

In personal injury cases where someone dies, the family members and loved ones of that person often wonder if they can file a lawsuit. These types of cases are known as wrongful death lawsuits, and are a common kind of personal injury case. While every state has its own specific rules that govern wrongful death cases, there are a number of common questions that many people have about these types of situations. Today, we’re going to take a look at some common questions surrounding wrongful death.

What is wrongful death?

Wrongful death is the legal term that describes the death of someone that results from someone else’s wrongdoing, negligence, or intentional action. In a wrongful death case, the person who has died can obviously not file a lawsuit him or herself. Instead, that person’s spouse, parents, children, or even other family members can file a lawsuit for wrongful death.

Is a wrongful death claim the same as murder?

It’s easy to confuse wrongful death lawsuits with murder, or other types of crimes, because both types of situations involve someone dying as a result of someone else’s actions. When you are talking about a wrongful death claim, however, it’s important to understand that this is a civil lawsuit, not a criminal case. Even though the person responsible for the death of someone might be criminally liable for the actions that caused the death, a wrongful death case is not the same thing as a criminal charge.

For example, let’s say that your spouse is killed after being hit by a drunk driver. Even if prosecutors choose not to file criminal charges against the driver, you can still file a wrongful death lawsuit against that person.

Further, if you file a wrongful death lawsuit against the driver and win, that driver will not face prison or jail because of your lawsuit. Instead, the only thing the judge in a civil lawsuit can do is to order the driver to pay monetary damages.

What are damages in a wrongful death lawsuit?

In any civil lawsuit, the person filing the lawsuit is asking a court to order the wrongdoer to pay compensation for the damage the wrongdoer caused. In wrongful death cases, these damages can arise for many reasons. For example, if it was your spouse who was killed, you can ask the court to award damages for the lost income and financial support your spouse would have provided had he or she remained alive. In addition to economic damages, wrongful death cases can also involve damages for pain and suffering, loss of companionship or affection, and loss of consortium (sexual relations) for the spouse of the deceased person.

What do I need to do to win a wrongful death lawsuit?

There is no single way to answer this type of question. Any wrongful death lawsuit must be filed in accordance with the laws of the state in which you live. There are many procedural and substantive rules that apply to these kinds of cases, and only an experienced personal injury lawyer in your area can give you advice about any wrongful death lawsuit you might wish to pursue.

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