What Out For These Abuses of Process Law

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“Abuse of process” is a form of tort that results when an individual purposely misuses court processes that are not warranted by the underlying criminal or civil legal action. To learn more here’s Abuse of Process – The Basics and Practicalities by Stimmel-Law for more of its description:

“The term ‘process’ refers to the proceedings in any civil lawsuit or criminal prosecution and usually describes the formal notice or writ used by a court to exercise jurisdiction over a person or property. Such process compels the defending party to appear in court, or comply with an order of the Court. It may take the form of a summons, mandate, subpoena, warrant, or other written demand issued by a court. When one files suit, one normally has a summons issued by the court which compels the defendant to appear within thirty days to contest the matter. See American Litigation.

Abuse of process refers to the improper use of a civil or criminal legal procedure for an unintended, malicious, or perverse reason. It is the malicious and deliberate misuse of regularly issued civil or criminal court process that is not justified by the underlying legal action.

Abuse of process includes litigation actions in bad faith that is meant to delay the delivery of justice. Examples include serving legal papers on someone which have not actually been filed with the intent to intimidate, or filing a lawsuit without a genuine legal basis in order to obtain information, force payment through fear of legal entanglement or gain an unfair or illegal advantage. The determination of what in unfair and wrong is for the court to determine on the individual facts of each case.”

In Legal Dictionary’s ABUSE OF PROCESS, the article discusses the difference between abuse of process and malicious prosecution. Here’s an excerpt:

“Abuse of Process vs. Malicious Prosecution

Abuse of process and malicious prosecution are very similar, in that they both seek to cause some difficulty to a party, to harass or intimidate a party, or to delay some proceeding. These issues are, however, different from one another, and proving them in court requires different elements. Abuse of process involves creating additional processes during the course of active litigation (meaning during a lawsuit or criminal case that is already in process). Malicious prosecution, on the other hand, involves initiating a civil lawsuit or criminal claim without good reason, or probable cause.”

Abuse of Process

Civil wrongs that do not cause physical harm can belong to a category known as dignitary torts—torts that have resulted in harm to the dignity or reputation of a person. A few dignitary tort examples are a malicious prosecution, defamation, and abuse of process.

Legally, the term “abuse of process” refers to an individual utilizing the legal system in a manner that isn’t essentially serving the basic legal action, but instead to get another purpose. Though this type of tort may appear similar to “malicious prosecution”—an abuse of claim process can be filed against somebody even though the basic cause of action for the case was lawful.

This article will offer you the common elements of a claim concerning abuse of process as well as how it compares to malicious prosecution.

Abuse of Process Elements

Abuse of process is a form of tort that stems from an intentional misuse of a court process by an individual that isn’t warranted by the basic criminal or civil legal action. As with the majority of torts, the elements that a victim should establish in order to succeed his or her claim will depend from state to state.

On the other hand, the common elements that a victim should establish in an abuse of process case are:

  • The existence of a purpose or ulterior motive in utilizing the process, and
  • An act in the process use that isn’t proper in the consistent prosecution of the proceedings.

For instance, if an individual uses a statement for an ulterior motive that isn’t related to the claim, there could be a claim for abuse of process available. Once more, the case itself could be impeccably valid (including the cause of action), but in this example, the deposition doesn’t serve the lawsuit’s purpose.

Abuse of Process by FindLaw discusses the common elements of an abuse of process case. Here it is:

The Elements of Abuse of Process

Abuse of process is an intentional tort that arises when a person deliberately misuses a court process that is not justified by the underlying civil or criminal legal action. As with most torts, the elements that a plaintiff must prove in order to win his or her case will vary from state to state. However, the typical elements that a plaintiff must prove in an abuse of process lawsuit are:

  1. The existence of an ulterior motive or purpose in using the process, and
  2. An act in the use of the process that is not proper in the regular prosecution of the legal proceedings.

For example, if a person uses a deposition for an ulterior motive that is not related to the lawsuit, then there may be an abuse of process claim available. Again, the lawsuit itself may be perfectly valid (as well as the cause of action involved), but the deposition in this example does not serve the purpose of the lawsuit.

Malicious Prosecution vs. Abuse of Process

Malicious prosecution and abuse of process are quite related, but each tort involves the victim to prove various elements. An individual may claim for malicious prosecution if somebody maliciously commences or continues a civil or criminal proceeding against the plaintiff with no probable cause.

On the other hand, abuse of process takes place when there’s a probable cause or valid reason for the claim, but a process or legal tool has been abused for unknown purposes.

To win a malicious prosecution lawsuit, the victim should also demonstrate that a legal action was terminated in support of the plaintiff. On the other hand, an abuse of process case can be filed against somebody despite whether or not there’s a reasonable underlying cause of action for a legal action as well as whether or not the initial case was terminated.

Get a Free Assessment of an Abuse of Process Case

It can be annoying to think or feel like somebody is exploiting the legal processes to obtain something they desire from you. And if you think that you have been an abuse of process victim or a victim of any other form of tort, and you’d like to know about legal options, then you may like to talk to a personal injury lawyer.

 

 

truck accident law

Workers Compensation Law in a Nutshell

If you get injured on the job, then it is crucial that you understand the workers’ compensation system of your state. Workers’ Compensation may be the only means of getting compensation for an injury at work. Here is what you need to know about worker’s comp in Introduction to the Workers’ Compensation Law.

Workers’ compensation is insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job.

“Employers pay for this insurance, and shall not require the employee to contribute to the cost of compensation. Weekly cash benefits and medical care are paid by the employer’s insurance carrier, as directed by the Workers’ Compensation Board. The Workers’ Compensation Board is a state agency that processes the claims. If Board intervention is necessary, it will determine whether that insurer will reimburse for cash benefits and/or medical care, and the amounts payable.

In a workers’ compensation case, no one party is determined to be at fault. The amount that a claimant receives is not decreased by his/her carelessness, nor increased by an employer’s fault. However, a worker loses his/her right to workers’ compensation if the injury results solely from his or her intoxication from drugs or alcohol, or from the intent to injure him/herself or someone else.”

truck accident law
Truck running fast on the highway

Other Approaches of Proving Fault

Not all personal injury claims involve negligence that is traditional. A plaintiff can still establish fault in various ways, including:

  • proving intentional conduct;
  • establishing negligence as such; or
  • demonstrating the claim is bound by the “strict liability” proof standard.

Intentional conduct is behavior undertaken willingly, and with the desired purpose or with the considerable certainty of the results. A person who targets another and hits that individual in the face with no excuse will have involved in intentional behavior and be liable for battery.

Negligence essentially applies when there’s an unexcused breach of a statute. In this instance, the defendant is directly responsible for damages if the injury of the plaintiff is of the form the statute was meant to prevent, and the victim categorized according to the statute was meant to protect. For instance, if reckless driving (nearly always a code violation) causes harm to a pedestrian, possibly, liability will be established with negligence per se.

Also, strict liability applies to a very limited number of cases and doesn’t need defendants to be careless to be responsible for damages. In general, the only requisite in establishing such as offense is demonstrating the plaintiff endured a likely injury while being in a qualifying case. The most popular cases that involve strict liability are claims on product liability, but strict liability can apply to cases involving wild animal possession and strangely dangerous activities as well.

Workers’ Comp Benefits Explained by FindLaw also has a few details regarding worker’s comp in an excerpt below:

“What types of incidents are and are not covered by workers’ compensation insurance?

Workers’ compensation insurance is designed to cover injuries that result from employees’ or employers’ carelessness. The range of injuries and situations covered is broad, but there are limits. States can impose drug and alcohol testing on the injured employe and can deny the employee workers’ compensation benefits if such tests show the employee was under the influence at the time of the injury. Compensation may also be denied if the injuries were self-inflicted; where the employee was violating a law or company policy; and where the employee was not on the job at the time of the injury.”

Job-Related Injury & Workers’ Compensation – Legal Overview has the details on how worker’s compensation works. Here it is:

“What Benefits Are Included?

Most states’ systems will cover the following workers’ compensation benefits:

  • Medical bills. If you have medical bills, they will be paid for to help you recover from your work-related injuries. However, keep in mind that your choices of doctors may be limited.
  • Temporary disability benefits. If your injury prevents you from performing your job normally and, as a result, you lose wages, you may receive temporary disability benefits. These payments are usually available only after you miss several days of work.
  • Permanent disability benefits. If you do not completely recover from you injuries, you may receive permanent disability benefits based upon the nature and extent of your impairment or injury.
  • Death benefits. If you die from a work-related injury or illness, your spouse or children may receive death benefits.”
worker's compensation
Worker sent to hospital after an accident.

Legal Defenses

When a victim sues a defendant for negligence or tries to hold a defendant guilty for damages, there are a couple of defenses that can lessen the liability of the defendant or even remove it completely. The most common are the following:

  • Comparative fault. In several cases, numerous parties are liable, or every opposing party shares a part of the liability. The law makes up for these cases by allowing various liability percentages to be attributed to various parties – for example, 60% fault to the victim and 40% to the defendant. In the majority of states, the law only requires the accused to pay a certain percentage — typically the percentage of liability attributed to them — of the damages of the plaintiff.
  • Assumption of risk. Even though the defendant caused the injuries of the plaintiff, the plaintiff could be banned from recovering if the defendant raises his defense well. To win, the defendant should demonstrate that the plaintiff knew and appreciated an injury risk, but willingly faced the risk and was harmed. A common assumption of risk example arises during inherently dangerous or physical sporting events, like football. The participants may usually not get damages for injuries acquired in the game’s normal course.
  • Employer liability (Respondeat superior). A worker who causes harm might not be legally responsible for damages only if the injury took place while the worker was working. And in this case, usually, the employer is responsible for paying the damages.
  • Trespasser defense. While the occupier or owner of land is responsible for negligence that results in injury to business or social guests, landowners aren’t responsible when their negligence harmed an unknown trespasser.

Firefighter rule. A party who carelessly creates a danger won’t be held responsible to a rescuer who gets injured on the job while fighting the hazard.

 

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Warning! Negligent Supervision Claims

When you trust somebody to supervise your family member, there’s always a possibility that something could go wrong, result in injury to your loved one. Fortunately, the law offers a remedy for damages that take place in this situation: somebody who has a legal duty to supervise others is unable to do so sensibly.

This legal remedy is called a negligent supervision claim. The most common victims of negligent supervision are children, the elderly, and employees. The highest numbers of negligent supervision claims involve harms to children.

Negligent Supervision of Children

Negligent supervision of children has two types of cases. Firstly, you can file a claim if your child was injured due to a caregiver’s inattention. Secondly, you can file a claim if your child, your property, or even you were harmed when other individuals are unable to supervise a child.

A case of wrongful death
A case of wrongful death

Such negligent supervision can occur at a daycare, a school, a church, a camp, or a home. Organizations and people that may be held liable for failing to supervise a child properly include:

  • daycare providers
  • teachers
  • babysitters
  • coaches
  • camp counselors
  • church youth group leaders
  • nannies
  • foster parents, and

Common cases of such negligent supervision are:

  • injuries because of a daycare having insufficient staff to monitor kids properly on the premises
  • caregivers unable to protect kids from the dangers of train tracks, traffic, animals, pools, or other environment dangers
  • a child’s intake of toxic chemicals overlooked on a counter
  • parents permitting teens to use dangerous drugs at parties
  • an unintentional shooting following a child finds an unsafe gun
  • kids playing with fire and starting a fire
  • foster parents abandoning the child within their care
  • a coach allowing a student to damage property
  • a parent permitting a young child to operate a vehicle, and
  • a daycare unable to monitor an aggressive child who harms children.

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Negligent Supervision of the Elderly

Just as somebody with the duty to monitor kids may be prosecuted if a child is harmed due to inattentiveness, somebody assigned with supervising the elderly may also be prosecuted for negligent supervision. Such negligent supervision takes place most frequently in nursing homes.

A few common examples of such negligent supervision are:

  • sores or infections because of a lack of hygiene care
  • failing to stop dementia patients from roving off the premises
  • injuries and falls due to a lack of management for fall-risk patients
  • choking due to improperly-sized food, and
  • overlooking physical or financial abuse.

Negligent Supervision of Workers

When an employer doesn’t take measures to make certain that its workers follow company policies, a negligent supervision case may arise. In particular situations, company managers may be held liable not just for their wrongful behavior but the bad conduct of their workers as well.

Common examples of such negligent supervision are:

  • ignoring threats and violence in the workplace
  • allowing one worker to harass another worker sexually
  • failing to offer training and supervision when equipping workers with dangerous chemicals, weapons, or tools
  • permitting a worker accused of sexual molestation to be alone with kids
  • permitting an intoxicated worker to run machinery, and
  • failing to screen a worker working from a satellite office or home who conducts scams.

 

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How Long Does A Personal Injury Claim Take To Settle

Do you think you have an injury case? Don’t you want it to remain un-filed for years? You may think whether or not you can just settle the case immediately even though you only have to get less cash to do it. The answer—you can.

In general, you can settle a personal injury claim fast as long as you’re willing to be awarded less cash. The real question here is that how much cash would you be willing to give up for a fast settlement?

This article takes a look at the reason settlements take longer than usual, as well as why you should consider before taking a fast settlement.

Why Does It Take So Long?

Firstly, you should know why a few personal injury claims can take a very long time to settle. The three main reasons a personal injury claim can move slowly are the following:

  • there are factual or legal problems with the claim
  • the case involves loads of money
  • you haven’t reached a maximum medical improvement point from your injuries.

If your case takes in any of these conditions, then, unfortunately, your case is just going to take time to settle not unless you’re willing to take less money just to resolve it.

There Can be Issues With The Case

What types of problems can arise? The value of an injury case is solely determined by liability (who was responsible) and damages (how severely was the victim injured).

If liability is difficult to prove (for instance, faulty product cases frequently involve difficult liability problems), then the insurance company is not likely to offer a reasonable settlement until the victim’s attorney has put the claim in suit and employed liability experts to demonstrate that the defendant was guilty.

If there is a legal matter in the case (e.g., the insurance company thinks that you do not have the legal right to sue), it’s unlikely that the insurance company will make any major offer until a judge or jury has to decide for you to sue.

On the other hand, there could be issues with damages. For instance, the treating doctor may be uncertain that the negligence of the defendant resulted in the injury of the victim. It’s always the victim’s burden to establish that the negligence of the defendant resulted in your injuries.

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If your physicians are uncertain on this, the insurance company will not offer a reasonable settlement until it’s satisfied that your attorney can present a physician to testify that the fault of the defendant resulted in your injuries.

The Claim Involves “Big Money”

Another thing that can drag a settlement is if the claim involves high damages (loads of money). The insurance company just won’t pay big huge on a settlement until they’ve done their individual due diligence.

For an insurance company, due diligence indicates investigating each aspect of the damages and liability that surrounds the case. The insurance company won’t be prepared to make a settlement for reasonable money until they’re convinced that

  • they do not have a strong defense to a case
  • your injuries are as serious as claimed that they are, and
  • they can’t attack one’s credibility.

Can I Sue a Bar Following an Alcohol-Related Accident?

Dram shop laws are statutes that enforce liability on alcoholic beverage sellers for the careless acts of their drunk customers. Most legislatures have passed a version of the dram shop law.

But before these forms of laws were passed, in general, courts prohibited cases against sellers of alcoholic beverages like restaurants, bars, or liquor shops. The argument stated that the alcohol serving didn’t actually result in the plaintiff’s injuries.

(Moreover, a historical note: the term “Dram shop” laws are named so since alcohol used to be vented by a measuring unit known as “dram.”)

In this article, we will talk about the various forms of dram shop lawsuits, and key legal problems that are frequently triggered by these forms of civil claims following an alcohol-related accident.

Alchohol-related injuries
The night life

What’s a “Dram Shop” Case?

Essentially, a dram shop lawsuit is a case against a liquor store, restaurant, bar, or any other form of business that vends alcoholic drinks. The liability of these establishments in these kinds of lawsuits is varied according to the fact that somebody was served way too much alcohol.

There are two kinds of dram shop lawsuits; we have what we call “first party” dram shop lawsuits as well as what we call “third party” dram shop lawsuits. With the warning that the majority of states do not permit “first party” dram shop lawsuits, let us look at these two kinds of cases in more detail.

First Party Dram Shop Cases

First party dram shop cases are cases where it’s the intoxicated individual who got injured and is suing the restaurant or bar for serving him or her way too much alcohol. As stated before, a few states do not allow these types of cases — probably because individuals ought to be personally liable for the amount of liquor they drink.

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Other states ban adults from filing first party dram shop claims while minors are still permitted to file them. The logic is that underage persons are not permitted to drink alcohol in legal terms, therefore, if an underage was drinking alcohol, somebody broke the law.

On the other hand, just because the first party dram shop claims might be permitted in a certain state doesn’t necessarily indicate that they’re worth bringing, particularly by an adult. These lawsuits are extremely difficult to win as it is very difficult to persuade a jury that they ought to give an adult cash because he or she went out, got too drunk, and got injured.

Third Party Dram Shop

A “third party” dram shop lawsuit is when the drunk person injures somebody else. An example of such a case is when somebody gets intoxicated at a restaurant or bar and gets into a vehicle collision, and the person injured by the driver brings a case against the restaurant or bar (in this case, the business establishment is called the “third party”).

Most states permit “third party” dram shop lawsuits, but most states vary on what the harmed person has to prove.

Construction worker gets into an accident.

Employees Covered By Workers’ Compensation

Workers’ compensation provides important benefits to harmed employees, including medical insurance and a percentage of their lost income. State laws on workers’ compensation cover the majority of workers, but there are a few exemptions to this rule.

So, if you’re harmed at work, it’s crucial to know your rights and abide by the proper steps for getting compensation. And, don’t assume that you’re not qualified for benefits according to the statements of your employer alone.

Workers’ Comp is the Sole Remedy for Insured Workers

If you’re insured by workers’ compensation, then you can’t sue your employer for illnesses or injuries caused by the activities you do at work. Instead, your one option is to file a claim on workers’ comp. If the claim is accepted, then you’ll get medical treatment, partial income loss benefits, as well as other monetary assistance.

Construction worker gets into an accident.
Construction worker gets into an accident.

Though such benefits are inadequate, you can get them relatively fast without having to demonstrate that your employer negligently (or deliberately) caused the injuries you sustained. Given that your injury happened at work or was due to work activities, you naturally should get benefits.

If you aren’t insured by workers’ compensation, then you can sue your employer in court with a personal injury case. In a personal injury lawsuit, you could demand a wide range of damages, such as the total value of the lost income and payment for the pain and suffering.

On the other hand, you should show that the actions of the company resulted in your injuries. If your negligence or actions also contributed to your injury, then your compensation could be lowered.

Which Workers Should Have Workers’ Comp Insurance?

Each state (except Texas) has a mandatory workers’ comp law. The majority of companies should have workers’ comp insurance under such laws unless they’re a non-profit or very small organization. Naturally, a company should have workers’ compensation insurance if they have employees between three and five (though a couple of states require companies with only one employee to have coverage).

In the majority of states, employers can get a certificate from the state in order to self-insure or buy a policy from a company. (Self-insured employers deal with and finance their workers’ claims.) In some states, employers should be insured via a state-managed fund.

worker's compensation
Worker sent to a hospital after an accident.

The majority of state workers’ comp agencies have a site where you can search an online database to check out whether or not your employer has workers’ comp insurance.

Are All Employees Qualified for Workers’ Compensation?

Workers are qualified for workers’ comp if they are workers of an insured employer. Though, not everybody working on a certain job site is a worker. For instance, volunteers and independent contractors work for the employer but aren’t covered by workers’ comp laws. Numerous business consultants and freelance workers are independent contractors.

On the other hand, a few employers incorrectly classify workers as independent contractors. Often employers do this to evade their legal obligations to workers, like paying overtime and offering workers’ compensation insurance. The label your employer offers you isn’t determinative, so do not assume that you are not qualified for workers’ comp just because your employer classifies you as a contractor.

Even though you get a 1099 tax form rather than a W-2, you may be eligible for workers’ compensation.

playground injuries

A Bird’s Eye View at Playground Injuries and Accidents

Playgrounds are an area of excitement and fun where kids can challenge themselves physically and make new pals, but they present hidden dangers and risks as well. According to the CDC (Centers for Disease Control and Prevention), annually, hospital ERs treat over 200,00 kids age fourteen and younger for injuries related to playgrounds.

Of those injuries, the majority take place at schools and day care center.

Unluckily, injuries to kids at playgrounds can frequently be severe. It is estimated that playgrounds have a much higher rate for serious injuries than automobile accidents and bicycle accidents. This is because of numerous factors. Playground injuries frequently take place while a kid is climbing, sliding, or swinging.

playground injuries
children’s playground

If a kid slips from a wall, it can frequently be a couple of feet to the ground. A slip while climbing bars can frequently indicate falling against other hard areas on the equipment. The following injuries are frequently witnessed on playgrounds:

  • bruises
  • fractured or broken bones
  • head injuries or concussions
  • dislocations
  • internal injuries

Common Causes

Any number of causes can be a factor in playground injuries, yet there are a few things that are a lot common. Let us take a look at a few of them.

Poor Design or Maintenance of Playground Equipment

In numerous areas, equipment in the playground can be a couple of years, if not many years, old. Significant equipment deterioration can take place depending on the utilized construction materials. For instance, metal components can fatigue or rust. Bolts and screws come loose. Wood deteriorates and rots.

Ropes can become frail. Everything (from element exposure to day-to-day use) by kids takes a par on the equipment’s condition. Sharp edges, protruding screws or nails, or unpredictably slippery surfaces frequently result from the consistent use of equipment.

Due to those factors, it’s vital that the playground and the equipment be frequently maintained and inspected.

Along with maintenance, playground design and the equipment design is extremely important. For instance, a regular risk integral in any play area is that kids will fall, whether from just running across the ground or the equipment.

playground injury
Children playing on the playground

The presence of a soft ground surface, as well as with other elements of the design, is a vital aspect of a secured and safe playground.

Lack of Enough Supervision

One important factor in stopping playground injuries is the regular supervision and observation of the children.

Frequently, kids do not know their own limitations. They hardly have the required experience to understand the risks that come with climbing too high or running too quickly. Due to that, enough adult supervision is a crucial part of offering kids a safe environment while playing.

The degree of supervision needed depends on different factors, including the children age and the degree of risk linked with any playground activity. However, the inability to take reasonable measures to guarantee a kid’s safety can cause a negligence case if a kid is harmed due to insufficient supervision

State Capitol of Texas in Austin.

Different Variations of Laws throughout the World

Every politically organized state has its own law, but in nearly all modern states this law has not been independently developed but is derived from a system that grew up either in the Roman Empire of in England.

The usual way of designating those derived from Rome is to call them “civil law” systems while those derived from England are called “common law” systems. Both these terms, unfortunately, have other meanings as well, and the similarity is a source of frequent confusion.

To civil law and common law as sources of modern legal systems, we must add “canon law,” or the law of the Roman Catholic Church and, to a lesser degree, of the Anglican Church, and the “law merchant,” which, with the medieval maritime law, was formally incorporated in the law of European countries, including England.

Blind Justice
Blind Justice

Civil and common law have spread beyond Europe and America into Asia and Africa. Here they have met resistance from locally established systems and from non-Christian religions. In some instances, as in India, China, Japan, Turkey, and Egypt, the prevailing law is to a greater or less degree native to the country but has been overlaid with elements – sometimes large groups of elements – derived from the civil or common law.

In other Asiatic and African communities, the native law, especially in Mohammedan countries outside of those mentioned, has been only slightly influenced by Europe. There is a tendency to standardization, however, which gets its impulse from the increasing complexity of international relations, both economic and political.

International law, itself, although professing a supranational foundation, is generally expressed in terms derived from the civil law.

Any particular system of local law can be studied by itself as a matter of history or descriptive sociology, and the elements of which it is composed can be arranged in any order that has logical significance or is specially related to the society which is regulated by the law.

But the law may also be examined as a general science and an attempt may be made to discover principles that apply to law everywhere.

State Capitol of Texas in Austin.
State Capitol of Texas in Austin.

Law examined scientifically is commonly called “jurisprudence” in English-speaking countries, a term that unfortunately, like other legal terms, is used in a wholly different sense in other European languages, where for the most part it is applied to the decisions of courts.

As a science, the law presents more difficulties than other complexes of social relations because of its subject matter, outside of court organization itself and the procedure used by courts is nothing less than the whole range of human life.

We may, however, say of law that it is a value of normative science, that is, that is sets standards of right, wrong, or neutral conduct which courts will accept and which, when accepted, will become judgments that the executive branch of the government will enforce.

The source of these standards may be either legislative command, or custom, or rationalize precedent, or a sense of morals or of equity. The nature of law has often been asserted to lie in commands issued by the sovereign.

In other theories, it is the crystallization of customs and mores, when the crystallization has taken place to the degree that conformity to it will be demanded by a strong public pressure. Still other theories equate the concept of law are therefore properly speaking not law at all.

This was the doctrine of the Stoics and of the older Christian fathers and appears frequently in “natural-law” doctrines.

Motorbike accidents

A Unique Case of Bicycle Collisions with Car or Truck

 

Tips to Making a Personal Injury Claim Following a Bicycle Accident

A cycling crash with a truck, car, or road hazard can cause serious injuries. The following guidelines will aid you to build a strong accident claim, as well as obtain fair compensation for the damages you suffered.

Take Action at the Accident Scene

Always contact 911 and then report the accident. Ask for an emergency ambulance if you have been harmed.

Note down the personal and insurance info of the driver. You will need his or her name, address as well as phone number. Do not forget the insurance company’s name, telephone number, and policy number. You will need this info to file an accident claim with their car insurer.

Do not Talk About Fault

Anything that you say could be used against you in settlement negotiations. Aside from securing insurance and contact details from the driver, keep your statements for the cops dispatched to the accident scene. They’ll make a police report that can be used later as evidence.

Motorcycle accident
Motorcycle accident – hit by a car or truck.

Search for Witnesses

Point out any witnesses to the police. The police ought to take their statements. And if you do not allow them to know who they are, then you may lose the chance to have their accounts put in the report.

Get Treatment

Get medical care or go to the ER. Right after a crash, your adrenaline and blood will be pumping. Also, adrenaline can suppress pain and can mask severe injuries.

3 Steps to Building a Personal Injury Claim After a Bicycle Accident by Injury Claim Coach shares some information regarding this matter.

“1. Take Action at the Scene

Always call 911 and report the accident, just as you would an auto collision. Ask for an ambulance if you’ve been injured.

Take down the driver’s personal and insurance information.

  1. Gather Evidence to Build Your Case

Take Photographs

Use a camera or your cell phone to take as many photos of the collision scene as possible. Include any broken parts from the car and your bicycle. Photograph skid marks, street signs, guardrails, or other objects that were damaged during the collision. Also take pictures of your injuries, and any torn or bloodied clothing.

  1. Take Good Notes and Follow-up with Treatment

As soon as possible after the collision, write a detailed account of everything you can remember. Leave nothing out. It’s always better to have too much, rather than too little information. It’s common to forget important information after just a few days, and bicycle accident claims can take months, sometimes even years to settle.”

Gather Evidence to Build Your Case

Take Pictures. Use your phone or a camera to take as many photographs of the crash scene as possible. Also, take in any broken components from the vehicle and your bike. Photograph guard rails, street signs, skid marks, or other items that were destroyed during the crash. Moreover, take photos of your injuries, and any bloodied or torn clothing.

Check for Dangerous Road Conditions

If you crashed with a certain object in the road, like broken pavement, then note the exact spot where you were harmed. Check for street signs, mile markers, as well as other landmarks. And if you have a phone or camera, take photos of the area that take in reference points such as cross street signs, stores, as well as other identifiers.

Motorbike accidents
Motorbike accident on the road.

Take Notes as well as Follow-up with your Treatment

If possible, soon after the crash, record a detailed statement of everything you can recall. It is constantly better to note too much, than too little info. It is usual that people forget vital details after just several days, and bike accident claims may take months, at times, even a few years to settle.

Do not Dismiss the Accident

Treat your bike accident as though it was a vehicle accident. Too many people think that crashing with a bike does not exactly count. The driver could slow down to check out what to place, or simply drive away, accusing the cyclist of riding on the road. And if a motorist does not stop following injuring a cyclist, then it is a hit and runs. Also, if this takes place, alert the cops right away.

If you’re on a bike and get into a huge accident with a truck or car, what you do next at the scene of the accident and right after is important.

Bike Accidents: What to Do After the Crash also provides further information about the thing to do next following an accident. Here are a few:

“Preserve Evidence

Leave your bike and other damaged property in the same state as after the accident — don’t attempt to fix anything or have anything inspected. Don’t wash your clothing. And don’t send your bike, helmet, or any other equipment to anyone other than your attorney. Take photos of your damaged equipment.

Seek Advice from a Professional

Many accidents between bikes and cars involve complex legal issues. You may want to consult a personal injury attorney who understands bicycling or has handled bike accident cases.”

And finally, Findlaw’s Bicycle Accidents takes in the fundamentals of bicycle accident liability.

“Negligence and Bicycle Accidents

When a cyclist sues to recover damages for injuries suffered in an accident with an automobile, the outcome often depends on two questions:

  • Did negligence (or recklessness) on the part of the driver cause the accident and resulting injuries to the bicyclist?
  • Did any negligence of the bicyclist cause or contribute to the accident?”

Learn more about bicycle accidents and claims on this place – legalwebfinder.com.

 

 

injuryclaims

Workplace Injury: Suing Outside of Workers’ Compensation

Perhaps, the Workers’ Compensation insurance is not your mere recourse for an injury in the workplace.

If you have been harmed in your workplace, you have possibly been told that the mere compensation you can get will come from the workers’ compensation insurance of your employer. Though this is the common rule, there are numerous exceptions – cases wherein you could sue for damages due to your injuries. For instance:

  • If a faulty product injured you, you could bring a product liability action against the product’s manufacturer.
  • If you were harmed by a deadly substance, you could bring a toxic tort case against that substance’s manufacturer.
  • If you were injured by your employer’s egregious or intentional conduct, you could bring a personal injury case against the employer.
  • If your employer doesn’t carry the workers’ compensation insurance, you could sue your employer via the civil court or get cash from the state fund.
  • If your injury is caused by a third party, you could bring a personal injury case against that individual.

Though workers’ compensation can offer cash and benefits to a harmed worker, permanent disability, and temporary disability payments are frequently rather low and do not compensate the employee for things such as suffering and pain.

workplace-accident

Also, workers’ compensation doesn’t offer punitive damages to penalize an employer for dangerous conditions or poor safety controls. That is the reason it is critical for injured employees to know their rights to bring a lawsuit outside of the system workers’ compensation.

Aside from the cases stated in this article, you could get extra cash from government benefits like SSDI or SSI (Social Security disability insurance) if you have a disabling injury and it stops you from working.

If a Defective Product Harmed You

Once an employee is harmed by a piece of equipment or machine that’s defective, that failed to work right, or is innately dangerous, the machine or equipment’s manufacturer can be held accountable for the harm if it was aware of the danger or did not properly warn the employees or business of the danger. In such a case, the manufacturer would need to compensate the employee for things such as lost wages, medical bills, and pain and suffering.

Example:

Bill is a worker in a factory that creates office products. Bill’s job is to administer a punch press that drills holes in boxes. And one day, when he places his hand into the punch press to adjust the box, which is the foot pedal used to stop the sticks, but the press squeezes his three fingers. His fingers aren’t usable any longer after the accident. He can get compensation from his employer. Also, he has a probable product liability lawsuit against the defective press’ manufacturer.

If you’ve been harmed by unsafe equipment in the workplace, consider speaking to a lawyer regarding your rights. Moreover, you can submit a complaint with the Occupational Health and Safety Administration (Department of Labor) if there have been dangerous conditions aside from filing a workers’ compensation case. This step is particularly important to take if your employer still requires you or your co-workers to utilize the equipment.

injuryclaims

If You Were Harmed by a Deadly Substance

From time to time, the chemicals as well as other substances that employees utilize are toxic and result in severe illnesses and injuries. These substances can take in things such as benzene, asbestos, chromium compounds, radium, and silica, but any material that ill you could probably be a lawsuit’s subject for a “toxic tort.”

In general, there are two types of toxic injuries — acute injuries are obvious, while latent one could take years to emerge. Acute injuries examples include poisonings and chemical burns. Latent injuries examples include lung diseases and cancers. Due to the time delay, latent injuries have a tendency to be harder to establish than acute ones, yet these cases aren’t impossible.

Employees have been successful in cases brought years following their toxic substance exposure. (Particularly, employees who suffer from mesothelioma or asbestosis nearly always succeed in cases since the causation between asbestos exposure and mesothelioma and asbestosis has been established in numerous lawsuits.