A Diverse Range Of Personal Injury Claims Exists Today
Perhaps my most fascinating lawsuit in the area of medical malpractice involved a
stunning British woman who claimed that her cosmetic surgeon had botched her breast augmentation procedure, resulting in uneven results. 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 asked the trial judge to permit me to have the plaintiff display her naked breasts for the jury so they could see.
He was in agreement and we all ended up in his chambers. As my plaintiff bared her upper torso in front of them, the jurors viewed the damage.
Though cosmetic surgeons have a tough job, I have encountered surgical errors so grisly and catastrophic that no damage award would be large enough to fully compensate for the harm. I have shown many different bodily injuries throughout my different tort cases to show the jury the extent of the damage that occurred. However, this case was likely the most severe of any in my career.
Please note that the legal term "tort" has no relationship to "a tart." The word tort comes from the French word twist or take a turn for the worst.
Because a tort victim is often twisted out of shape, bowed, broken, or bent in some way, the term is appropriately applied in the modern, legal sense. However, realistically, the term tort actually refers to any damages done to the body or mind.
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. 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.
The good news is that your pocketbook doesn't drive which attorney you hire. The reason is that all the fees are set.
The best tort attorney in the country will cost you exactly the same amount as the worst one. The way this is done is through a contingent fee arrangement, which is impermissible in England and Canada.
A contingency fee is when the attorney agrees to represent you and work on your case in exchange for a portion of your award, usually one-third up to 40 per cent of the award. If he wins you nothing, then he gets paid nothing.
Typically, the attorney can advance costs and then recoup them once the verdict comes in and the check is written. There are as many torts as there are people.
Some examples you could find are automobile accident, shipwrecks, train wreck, unwholesome product, airplane disaster, or even an accident sustained on an escalator. Then there's also hospital and doctor negligence, which is usually the common denominator in most tort cases no matter whether or not it seems to be negligence or not.
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 piece of paper will probably require that in order to receive care that you must waive all your court rights, and that any disputes that come up will be dealt with by you and the doctor, or with the assistance of an arbitrator.
The current belief is that the majority of them are thought to be invalid, though there have been judgments made both ways. Also be aware if any arbitration agreement attempts to remove your right to take it to court, it's not legal.
Your right to a jury trial stays inviolate, so whatever the case is, you cannot be forced into arbitration. Criminal law has been altered based on the improvements given by the Supreme Court and under the direction of its chief justice between 1953 and 1969.
The criminal defense attorney is a staple in today's society in part because this chief justice revised many old rights and restructured other ones that were woefully outdated. Many politicians are lawyers by training, and many solid, skilled attorneys have left active practice to become involved in American politics. Senate and Congress where they are able to use their knowledge of the law to write better legislation and determine the constitutionality of it.
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