Injuries To People Can Come In All Shapes And Sizes
I've been in the business for a while, but I will never forget the case with
the lovely English lady, who alleged that her plastic surgeon had botched her breast augmentation. It was by far one of the most interesting cases I ever had the honor to try in court. Color photographs of her breasts were provided, but I did not believe the pictures would show the true level of damage done when we went to trial.Thus, I requested that the judge allow the plaintiff to disrobe in the jury's presence. The judge said, "Yes," to my request and everyone, including the jury, proceeded into his chambers. My client then removed her top so that everyone could see the damage for themselves.
While plastic surgeons may be faced with difficulties during surgery, it is ultimately the patient that bears the cost of their mistakes, often to the point where regardless of the jury's verdict the damages simply cannot be repaired. In my experience, I have had far too many cases exhibiting the magnitude of injuries to the body in order for the jury to better appreciate the significance of damages done. This instance, though, was the most sensational of any that I have ever witnessed in a courtroom.
Tort is a term of art in the law that has no relationship to tart. Tort originates from an older word in French that means to twist or to turn awry. This term is rather appropriate for victims of a tort case, as they have often suffered some form of damages that has either bent, warped, or twisted some portion.
The true meaning of tort, however, is any harm sustained to the physical body, mind or reputation. Torts include both malpractice cases against lawyers and doctors, as well as personal injury claims. It's possible that the event which brought you to the point that the only remedy was legal action was a real estate deal gone sour, a contract dispute, a will, a medical issue, or even a crime.
However, there will likely come a point where you may have to deal with a tort case due to some rich individual's vehicle hitting you in one form or another. You may be able to hire the best tort lawyer in the world for the same fee that the least experienced lawyer charges.
This flat fee is referred to as a contingency fee, something that is illegal in both Canada and England. This fee works in that if a lawyer agrees to take your case, then he may receive from 1/3rd to 40% of the amount of money that you recover after your case is settled. If you don't make any money from the case, then you don't have to pay the lawyer.
Be aware that in the majority of jurisdictions a tort lawyer can cover advance costs which he will then recoup off the top of whatever is recovered. There are as many torts as there are people.
Every kind of disaster known to man and every kind of accident known to man all have their own tort. You will also find cases addressing negligence on part of a hospital or doctor, and it is this negligence that seems the be the unifying thread of tort cases.
For this reason, your doctor may now have you sign paperwork when you enter their office, a practice that is increasing in frequency in many different states as torts keep increasing. Essentially, it is a contractual agreement that in the event of any dispute between the parties, you will first attempt to settle via arbitration.
Of course, some courts recognize these agreements and some don't, but the majority hold them to be invalid. If an arbitration agreement ends up cutting you off from your rights, chances are that this agreement is completely illegal.
It does not matter what type of case you have, you have a right to a jury trial, if that is what you wish. It was the Supreme Court that gave criminal law the boost it needed under a chief justice who held office there from 1953 to 1969. A number of well-worn rights and legal constructs were revived and given new respect, lending renewed relevance to criminal law practitioners.
There are many lawyers that influence all levels of politics in this country, and there are many good forensically inclined ones that have entered the political forums via the U.S. The Senate and Congress are both full of these lawyers who hold great influence over our laws, and what is or is not constitutionally acceptable.
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