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Monthly Archives: octubre 2012

Explanation of Personal Injury Law

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Due to the fact that personal injury law is so complex, it is always recommended that a lawyer be hired in order to solve a personal injury case. There are many factors to consider when hiring a personal injury attorney, and ultimately, feeling comfortable with this decision. Weighing specific factors like the severity of the injury attained, costs of medical bills, the permanence of the injury, and the pain and suffering you are experiencing are all important issues that must be considered before pursuing your right to damage claims.

Personal injury cases begin when a client seeks legal advice for an injury that was caused by the negligence or deliberate action of another party or group (the second being known as a tort). The client’s sustained injuries may arise from a variety of circumstances and situations, but in general, the goal of a personal injury attorney is to recover losses for the victim, and hold the other party responsible. This is accomplished by providing proof of the varied damages to date. With this said, personal injury law is built to compensate an injured party to the fullest extent possible. Damages that can be recovered are mostly related to medical expenses, property damages, loss of earnings, and legal costs. Determining how much can be recovered is difficult, especially at the start of a case, but the role of the attorney is to analyze all the appropriate case factors and activities to build probable cause; in the end advocating for the injury.

After the accident has occurred, certain activities or tasks may be difficult for the client, and the personal injury case must take that information in to account. However, what is always reviewed in cases involving injury is whether or not the client knowingly and willingly subjected themselves to risk. In some cases the plaintiff may have signed a waiver that stated their knowledge of risk and agreement not to hold the other party responsible. These waivers are proof that an individual was not forced to participate in an activity, but did so at their own digression. The process of analyzing who is at fault in a situation like this is called assumption of risk theory.

Although there are many challenges to gathering all this information, the most important issue that needs to be considered is time. There are many time restraints on injury lawsuits, and in the United States the laws for this differ by state and the type of injury. It may take a long time for all the physical issues to become apparent after an accident, but a case cannot usually be made for an injury if symptoms appear years later.

Personal injury claims usually result from accidents at work, assault claims, traffic accidents, slip and fall, and defective product injuries. Unfortunately, another sizable portion of personal injury cases result from medical malpractice; mostly in the dental and vision fields.

As mentioned previously, it is vital as an injured victim to receive legal advice and seek assistance for your case from an attorney specializing in personal injury law. Not only do they have knowledge of courtroom procedure and torts, but they excel in reviewing every detail and aspect of the case and estimating approximately how much damages can be recovered.

Consumer Recalls – Product Liability

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When someone is injured due to a product that is faulty or dangerous, this is known as a Product Liability lawsuit. These lawsuits stem from poorly manufactured, unsafe, unlabeled or mislabeled products – like a gas grill that leaks and catches fire; a faulty tire that explodes on the highway; a helmet that pops off because the strap was faulty – you get the idea.

How would you know if a product you are using is faulty? Well, it’s wise to pay attention to recalls.

Are you aware of an organization called the US Consumer Product Safety Commission? The CPSC collects, retains and shares information on injuries and recalls regarding consumer products sold in America. Not a bad website to check out periodically, and save to your bookmarks:  www.cpsc.gov

Each year in the U.S., thousands of consumer products are recalled because some aspect of them is unsafe. You hear about toys with parts children can choke on, or car seats that fail to protect the child. These dangerous products don’t just cause injury, they sometimes cause a tragic death. In a Product Liability lawsuit, the manufacturer and retailer can be held responsible for the pain and injuries (or loss of life) caused by the product. In many cases, manufacturers are aware of the defect yet allow the product to be sold. If someone is killed, this also becomes a Wrongful Death lawsuit.

If you own an appliance, a toy, any item that gets recalled– note that this does not mean you will definitely get your money back. Recall announcements state the details of the recall provide instructions on reimbursement if it is being offered. Anyone who discovers that any product is faulty or dangerous can report it to the CPSC. They receive 10,000 reports from the public each year, on average!

You may be surprised to know that products are not tested by the government before they hit the market. Product designers and manufacturers are responsible for safety testing. We ‘trust’ them to create safe products and use safe parts. You probably won’t be surprised to hear that some companies do not even test their products. This means that oftentimes, a product having something about it that is unsafe is not discovered until an injury has happened. Note that product liability applies to foods and medicines as well.

Remember, you only receive a Recall Notice in the mail if you registered the product/sent in your warranty. Most of us don’t take the time to do these steps when we buy something, but we should. Recall announcements also appear in newspapers and on several websites including cpsc.gov

Often it is pressure from complaints and public outcry that lead to a manufacturer recalling a product or ceasing production. When defective products injure a number of people, this case becomes a ‘class action lawsuit’. If you or a loved one is every injured by any product, please contact our personal injury law firm to determine if you have a product liability case.

Some good advice: When you purchase items, read labels and instructions carefully. Before purchasing appliances, cars, grills – big ticket items – look online for product reviews or warnings.