How To Pursue An Accidental Injuries Case
April 16, 2017
Accidents happen all the time and when they do, they result in injury. In case you are involved in an accident that was not caused by you, but by someone or something else, you may opt to pursue some legal options. This article will discuss the key issues in an accident.
There are two key liability questions in such a case. These questions are:
1. Who are the liable parties?
2. Did those parties actually cause or fail to prevent the accident from happening?
In case the injured party is suing for insurance compensation; it is his or her responsibility to defend against any claims that it is his or her negligence that contributed or caused the accident.
Theories of Liability in an Accidental Injuries Case
There are two theories that you have to prove for you to hold another party responsible for the injuries that you suffered. These theories are:
– The owner of the property should have noticed a potential accident-causing condition and repaired or removed it, but he or she failed to do so.
– The property owner was the cause of the hazardous condition that led to your accident. For instance, he or she might have left a dangerous obstacle on the path and it is that obstacle that caused your accident.
Proving Liability and Negligence
You also need to prove that the other party was negligent; therefore, he or she is liable for your injuries. You must prove that the individual neglected his or her responsibility of ensuring that environment is safe, something that caused your accident and injuries. To prove that the defendant was negligent, and therefore, responsible for your injuries, there are a couple of factors that you should consider.
These factors are:
– The dangerous condition that caused your accident existed long enough for the defendant to notice it; therefore, he or she could have eliminated it.
– The defendant did not have a policy to regularly inspect his or her property for signs of potential danger, and if he or she did, the correct procedures were not followed.
– There was no reasonable justification for the creation or existence of the potential hazard.
– No measures such as placing adequate warning signs, relocating the hazard, or preventing access to the area were put in place.
– There was limited visibility or poor lighting in the area that contributed to the accident.
Accidental injuries often occur. In case they were caused by the negligence of another party, you have the right to sue for compensation.
How to Deal with Serious Bodily Harm and Scarring Cases
April 1, 2017
When dealing with bodily harm and scarring criminal cases it is important to distinguish whether they involve instances of serious bodily harm & scarring. Other terms that can be used are grievous bodily harm, serious bodily injury or bodily harm. Such kinds of injuries may result from intentional conduct such as assault and battery as well as unintentional conduct such as neglect.
Examples of serious bodily harm
Different states may have variations in defining such cases but an injury that seriously interferes with your comfort and health and is long lasting could be put in this category. Examples include paralysis, scarring or disfigurement, loss of a limb and also impairment of a limb, serious cuts and burns, head, neck and spine injuries and also broken bones.
Causing a mother to loose her fetus through battery or assault and also knowingly infecting someone with HIV Virus are also criminal cases under bodily harm. These cases are mostly associated with motor vehicle accidents, intentional actions such as robbery assault, battery and neglect.
Ways in which such cases are handled in court
You will find that many courts prosecute injury cases strictly because of the harm caused to the victim and especially if the action was intentional. Many courts categorize these cases as felony charges which mostly result in at least one year in jail and a fine. Such cases which usually start off as misdemeanor charges may soon elevate into felony status especially if the plaintiff can produce evidence of serious scarring and injuries. This when proved in court will automatically change the outcome of that case. It is important to note that the sentences handed down in such kinds of cases are dependent on the state you are prosecuted in.
The need of hiring a lawyer for such cases
It is vital that you hire an experienced criminal defense attorney as he will not only represent you in court but also give you expert legal advice. The attorney should research extensively on laws that you can use so as to ensure you will win in your case. Where one is not financially able to hire an attorney, the state usually provides a state attorney .It is important that the prosecutor is able to prove beyond reasonable doubt that the act was either intentional or through neglect and resulted in the injury. They should also prove that the person being prosecuted is the one who caused that injury.
Find Attorneys In Houston With The Expertise You Need
February 25, 2017
Whether you are facing an upcoming divorce, child custody issues, visitation disputes or a DUI charge, having the right legal representation can certainly help ensure you have quality representation when you need it the most. There can be many reasons why you would need a lawyer working on your side, but when you do, make sure you choose experienced attorneys in Houston.
Of course, the right type of lawyer is definitely an important factor when looking for legal help. There are attorneys who specialize in family law, while others work in criminal law or in the area of personal injury. The right lawyer will have extensive knowledge in the particular area of law that relates to your case.
For example, if you have custody or child support issues, a family law attorney will be able to help. This type of attorney can handle everything from helping you through the divorce process, and making sure that you get the child support or alimony that you deserve, as well as other issues that pertain to the family. Adoption, name changes, changes in child support or custody, setting up a will, and a vast number of other issues will fall into the category of family law.
Likewise, if you have been charged with a DUI, drug possession or some other crime, an experienced criminal attorney can help by representing your case. They know the law that covers criminal activity, and they’ll have the expertise to offer you the best defense possible.
It’s important to understand that laws can vary from state to state. Whether it’s determining the amount the absent parent has to pay for child support or it’s sentencing for a DUI conviction, your lawyer will need to be licensed in the state of Texas in order to represent your case in the Houston courts.
Houston Personal Injury Law Firms For All Of Your Legal Needs
February 22, 2017
If you have been injured in a slip and fall accident, automobile collision or some other type of accident, it’s important to know your rights. Many people get hurt and simply assume that they’ll get better. Sometimes, they might think that there is really nothing they can do. It’s not unusual for people to assume that bad things just happen, and they simply have to deal with whatever life throws their way. However, the reality is, very often these individuals have a legal right to compensation. Houston personal injury law firms can assess your case and give you expert legal advice on whether you have a case worth pursuing.
Every case is certainly unique and there is no one solution for all situations; however, with quality legal services, you’ll have a good understanding of your rights under the law. If you’ve been injured, there can be a number of important factors that must be considered. For example, how much pain have you had to endure? Will you have a full recovery, and how long will it take? How about time lost from work? If you’ve missed days or weeks from your job, chances are you’re falling behind on your mortgage and other bills. Maybe doctors’ bills are piling up or your vehicle was destroyed and you have no way to get it replaced. These are all very serious considerations and they’re things that an experienced lawyer will be able to discuss with you.
The fact that you were injured means that something went wrong. Maybe a store owner was negligent by leaving a tripping hazard that caused you to fall and injure yourself. Other types of injury could be an auto accident or getting injured by another person. Seeking legal help is the best way to find out what your rights are and how you can best get the compensation that you deserve.
Getting Compensated For Slip And Fall Accidents In Houston
February 19, 2017
Most people do not know whether they are entitled to compensation for their personal injuries or not due to a lack of knowledge in the subject. Here is a list of some injury cases that you should seek help from a professional Houston personal injury attorney:
Medical Malpractice Injury
When you or a loved one is ill, you trust your doctor with your life. However, accidents do happen a lot, especially in the medical field. A silly mistake made by your doctor or nurse could cost you your health, or even your life. When you have to suffer as a result of a negligence of your doctor, you should seek the appropriate compensation for your sufferings. All the lost wages and the physical agony that you have to go through should be remunerated if you are the victim of such a malpractice case.
Serious Work/Industrial Accidents
Accidents at work happen on a regular basis. If you are a blue collar worker, you should know that it is extremely common for you to become the victim of a careless accident at your workplace. As for people working in the office, many kinds of Houston slip and fall accidents could also happen too, such as a slip due to a slippery floor, or other injuries due to a lack of safety measurements in the workplace. Some common work injuries include burns, broken bones, head injuries, and even death in some extreme cases. Most of the injuries are due to the negligence of your employer. In this tough economy, many employers are becoming more and more interested in creating more profits than to ensure a safe work environment for their workers. If you or a loved one has been injured in the scope of your work, you may be entitled to lawful compensation.