Personal Injury Tips Archives

Police Brutality Lawsuits

Posted on October 3, 2015

Police Brutality Lawsuits

If someone wants to sue the police for brutality or the excessive use of force, that person has to file a civil lawsuit. We’re going to take a closer look at what that lawsuit process typically looks like.

Police Conduct and Immunity

If you are considering suing the police for brutality or misconduct, you need to understand the idea of qualified immunity. Generally speaking, police officers cannot be sued for the actions they take while on the job as long as they perform their duties within reasonable bounds. If this happens, you cannot successfully file a lawsuit against the police or the organization that employed them. This immunity is designed to allow police to do their jobs without the constant worry of being sued for anything and everything they do.

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State Differences in the Statute of Limitations

When it comes to personal injury cases, the statute of limitations is a vital issue to understand. A lot of people know that statutes of limitations are laws that impose specific timelines in various types of legal cases, but not everyone knows that there can be some significant differences between states when it comes to these laws. Today, let’s take a look at what types of statutes of limitations differences exist between states.

Types of Statutes of Limitations

Before we look at state differences in statutes of limitations, it’s important to understand that there are many different types of statutes of limitations that each state has, even though they all work in basically the same way.

Essentially, every statute of limitations is like a ticking clock. That clock begins once events take place that could lead to a lawsuit. These events are known as a cause of action. As soon as the cause of action transpires, the statutes of limitations clock begins ticking away. Once that clock reaches zero, you cannot file a lawsuit arising from that particular cause of action.

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Personal Injury Lawsuit Defenses – Technicalities

The idea of a legal technicality is something that a lot of people have heard about, but also one that is often hard to nail down. Basically, technicalities have to do with the requirements of filing a lawsuit, or the rules or laws that surround the lawsuit process that do not necessarily have to do with the facts that gave rise to the case. Just like with any other type of lawsuit, there are some technicalities that can serve as effective legal defenses in a personal injury case. Nevertheless, a ‘technicality’ can derail, or even terminate, your personal injury lawsuit, so let’s take a look at some of the most commonly used.

Statute of Limitations

One of the most common technicalities that people often run into in personal injury law situation is the statute of limitations. A statute is a law passed by a legislature and, as its name implies, a statute of limitations is a law that imposes limits on certain types of lawsuits. The kind of limits we are talking about involve the timing of when you file your claim.

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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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What Does The Average Personal Injury Case Look Like?

For many people who have never had to file a lawsuit or even talk to a lawyer, the idea that you’ll have to sue somebody after you suffer a personal injury can be remarkably stressful. Few people enjoy conflict, and the thought of fighting in court to recover money for your injuries can be enough to stop you from ever reaching out for assistance in the first place.

Unfortunately, a lot of people operate under some significant misconceptions when it comes to the personal injury lawsuit process. The process itself is often far less stressful than many people initially believe it to be. To help dispel some of these common misconceptions, let’s look at how the average personal injury lawsuit works, and what it requires.

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Frequently Asked Questions About the Jones Act – Part 2

In our previous post on the Jones Act, we looked at some commonly asked questions people have about this important personal injury law. The Jones Act applies to maritime workers, or seamen, who suffered injuries as a result of the negligence of their employers. While you should always bring your specific questions to an experienced personal injury attorney, we thought we would take a look at some additional questions that many people have about the Jones Act, how it works, and how it can help you.

What is negligence under the Jones Act?

The Jones Act applies to situations that involve employer negligence in a maritime setting. This essentially means that, in order to recover injuries sustained by a seamen, that seamen has to show that the employer failed to use the requisite care to prevent such injuries from occurring.

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Frequently Asked Questions About the Jones Act – Part 1

When people who work on ocean-going vessels, fishing boats, or other maritime craft get injured, they often speak with a personal injury attorney about the possibility of recovering money for their injuries. In many cases, people injured in maritime accidents can recover compensation under the terms of the Jones Act. The Jones Act is a specific law that applies to personal injuries that arise in maritime situations. Today, we’re going to take a closer look at the Jones Act, what it does, who it covers, and how it works by looking at some frequently asked questions.

What is the Jones Act?

The Jones Act, also referred to as the Merchant Marine Act of 1920, is a federal law that covers negligent claims that arise out of maritime situations. When a sailor, mechanic, steward, captain, ship’s crewmember, or other maritime worker suffers an injury in the course of his or her duties as a result of an employer’s negligence, that maritime worker can recover compensation for his or her injuries.

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Spinal Column Injuries FAQ – Part 2

Posted on June 19, 2015

Frequently Asked Questions About Spinal Column Injuries – Part 2

In our last blog post on spinal column injuries, we looked at some basic information people should know about the spine, the spinal cord, and the spinal column. Today we are going to look at some additional questions about spinal column injuries, their causes, and what legal options a person with a spinal cord injury might have.

As always, you should talk to an experienced personal injury lawyer if you need advice about spinal column injuries, or simply have questions about your options. Only a lawyer can tell you what you should or should not do in your situation, and you should never make any decisions about your case until you have received the legal advice you need.

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Spinal Column Injuries FAQ – Part 1

Posted on June 12, 2015

Spinal Column Injuries FAQ – Part 1

Spinal column injuries can be devastating. Not only can they last for the rest of the injured person’s life, but they can alter that life in any number of ways. Anyone who suffers a spinal column injury needs to speak with an attorney right away. Recovering your medical bills, receiving compensation for lost wages, as well as seeking payments for pain and suffering, are all issues that require legal advice.

It’s also a good idea to educate yourself about some common spinal column injury issues. Many of these issues surround medical or legal concepts that most people have little experience with. To help you get a better grasp of these concepts, let’s take a look at some frequently asked spinal column injury questions.

What is the spine?

Many people refer to the spine as the backbone. It’s the collection of bones that runs from your head down your back. The spinal column, or spine, includes both the collection of bones, as well as the bundle of nerves, tissues, and other body parts that are connected to them.

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