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Stay Informed: You Could Be Eligible For A Personal Injury Claim

Stay Informed: You Could Be Eligible For A Personal Injury Claim

Stay Informed: You Could Be Eligible For A Personal Injury Claim


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. All along we'd planned to use full color pictures of the breasts in question. However, in the courtroom, I decided they didn't convey the full horror of what had happened. So, I requested that the judge allow me to have the client undress in the presence of the jury. The judge complied and everyone went into his chambers. As my plaintiff bared her upper torso in front of them, the jurors viewed the damage.

No matter what difficulties may have arisen for plastic surgeons during surgery, the kinds of damage I have seen done are remarkable and there is no way that even an affirmative ruling could undo the damage done. I've tried so many cases where the injury to the body needed to be portrayed in court. Putting these injuries on exhibit is sometimes a necessary evil. This instance, though, was the most sensational of any that I have ever witnessed in a courtroom.

The legal definition of 'tort' is a far cry different than a 'tart'. The word tort actually is old French meaning turn awry or twist. It's an appropriate thing because the person who is the victim in a tort has been contorted, bent, broken, and twisted completely out of their original shape and comfort zone. However, the real meaning of tort refers to any type of injury to either the mind or body. In the instance of a personal injury case, the word tort is appropriate because it is a lawsuit against a physician or an attorney for malpractice. If you are lucky, you will only have to worry about the law when you buy a house, draft your Will, sign a contract, or perhaps even commit a crime.Stay Informed: You Could Be Eligible For A Personal Injury Claim


You may however, at some point in your life, end up running into a tort lawyer just because some rich guy decided to bump into you in his fancy Caddy. You should be able to hire the best lawyer in this field for more or less the same as you would hire the worst. The way this is done is through a contingent fee arrangement, which is impermissible in England and Canada. Essentially, the fee works as such: if the lawyer decides to take your case, he/she can charge from 30 to 40% of the final recovery amount should you win. If you do not win your case, then you owe no attorneys' fees.

Most court jurisdictions allow the tort attorney to pay the standard expenses of court costs, etc. in advance, and then the attorney is reimburse from the award money before it is distributed. In the end, torts are simple yet complex events that are only limited by a man's ingenuity. Railroad accidents, boating mishaps, airline crashes, car wrecks, faulty products and many more are potential incarnations of the personal injury claim. Medical and hospital malpractice are other types of tort claims, though like all other injury claims, it is necessary to demonstrate negligence, even if such a showing is difficult.

So, when you walk into your doctor's office today, don't act surprised if you have to sign a statement releasing him from any kind of blame. This legal form often stipulates that, any disagreement arising between you and the doctor will be arbitrated, and also forces you to give away all of your rights to sue if something goes wrong. Of course, some courts recognize these agreements and some don't, but the majority hold them to be invalid. More likely than not, they are illegal if the arbitration agreement prevents you from going to court.

It does not matter what type of case you have, you have a right to a jury trial, if that is what you wish. The Chief Justice of the Supreme Court from the year 1953 to 1969 gave a big push to criminal law cases at that time. A number of well-worn rights and legal constructs were revived and given new respect, lending renewed relevance to criminal law practitioners. The political arena houses many attorneys, and some exceptional attorneys have turned their back on their profession to participate in this arena, especially within the U.S. House of Representatives and Senate, where they have been able to effectively use their legal knowledge and expertise to write sound legislation, as well as determine the constitutionality of other laws on the books.
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Stay Informed: You Could Be Eligible For A Personal Injury Claim