Understanding Assault & Battery

Assault and battery are separate offenses in the context of tort law. Assault means an act which creates fear of an imminent attack, while battery is the attack itself, or wrongful touching. Most of the time personal injury claims would come from instances of battery, but even if there’s no physical injury incurred, or if there’s indirect wrongful touching, assault can be charged against the defendant in a personal injury claim. This article aims to explain the law of assault and battery, although tort and criminal laws in any jurisdiction may apply differently for both offenses.An assault is more described as “apprehension of imminent contact”, in which the plaintiff, or the “target” is aware of any clear and present danger or threat of forcible bodily injury by another person. There are three elements which constitutes an assault – 1.) the act must be intentional; 2.) the situation must create a well-founded fear to the plaintiff; and 3.) the defendant is apparently capable of carrying out the attack. As long as these three elements are present, a plaintiff may charge his/her assailant for assault, even if the plaintiff did not sustain an injury or any physical contact with the assailant.On the other hand, battery is the willful or intentional wrongful contact of a person against another. It could be done thru bodily contact, or done by using another object hurled or thrown against the other. For an act to qualify as battery, the contact must be either harmful or offensive, and the act has been completed or consummated.How can a plaintiff charge somebody for either assault or battery? According to tort laws, the plaintiff should not give consent to the defendant’s act. There are, of course, exceptions to this rule. There are situations when a harmful physical contact can be anticipated, such as sports, or acts of self-defense, whenever reasonable force is necessary to protect one’s self from bodily harm. Other circumstances that may give exception to this rule would be where people are given “privilege” to apply threat or force in order to bring an effect to discipline, such as lawful arrest by the police, defense of property, parents spanking their children, or defense of property. A plaintiff though cannot charge assault or battery based on verbal provocation, no matter how insulting or offensive the words that were used.This article is not intended to be all-comprehensive regarding laws about assault and battery. As already said earlier, every jurisdiction has its own laws that will apply to both offenses. If you have a case of assault or battery, it’s advised to get legal consultation from a personal injury lawyer to see if it’s worth pursing a personal injury claim.

5 Things You Should Know About Your Wrongful Death Cases

1. Wrongful Death Cases: What Are They?Usually speaking, a wrongful death is a death incurred by someone’s negligence, such as: carelessness, incompetence, or failure to act. A person crossing the street, killed by an intoxicated driver, an old woman killed by a mugger for $20.00 in her purse, a pregnant mother struck down and killed by a reckless teen driver.In these examples of wrongful death, loved ones of the departed can file wrongful death personal injury lawsuits on the departed’s behave. These sorts of civil lawsuits, which carry no criminal charges, assist loved ones in recuperating losses for pain and suffering, stress, loss of personal relationships, monetary loss, medical bills, and other incurred costs. If your loved one was recently killed due to wrongful death, there is a chance you might be qualified for damages or out of court settlement.2. Finding out Your Eligibility to File a Wrongful Death Lawsuit:Next of kin of the deceased includes: parents, spouses, and children, in most cases they are qualified to file a claim. Minors might require an adult who has custody or legal guardianship of the child to manage a wrongful death lawsuit on the behalf of the child all the way to court. Furthermore, other next of kin like grandparents, stepparents, and dependents, can also be allowed to file a lawsuit in a select number of the states.3. What you need to know to file a Wrongful Death LawsuitIf you think that you have a legitimate wrongful death case on your hands, you must initially discuss your case with a knowledgeable wrongful death lawyer in your vicinity. Wrongful death lawyers can assist you collect vital evidence to your case; they can help you fully comprehend the law, they can help you complete lengthy and sometimes tedious mandatory paperwork (red tape), and construct a persuasive court case. Consulting a lawyer can also ease some of the anxiety you might be going though.4. Feasible reimbursement for Wrongful Death Claims10 different ways you can be awarded damages from your wrongful death claim:1. Loss of income, as well as future income2. Loss of quality of life3. Pain and suffering4. Inheritance Loss5. Hospital and burial costs6. Mental suffering7. Support system loss8. Collective damages9. Loss of companionship10. Loss of family memberSome states forbid some of the previous compensations discussed. Speak with an personal injury attorney specializing in wrongful death cases Los Angeles personal injury attorneys to talk about your particular situation. A personal injury attorney with a specialty in wrongful death cases can assist you, and help your overall understanding of the laws and statutes in your respective state.5. The Statutes of Limitations and Wrongful Death LawsuitsEach wrongful death claim’s content is subjected to the statutes of limitations. Statutes of limitations put a ceiling on the quantity of time that an individual who has a member of their family to a wrongful death has to commence a claim (lawsuit). In general, next of kin are permitted between 1 and 3 years (depending on what state you’re filing in) from the time of demise to file a lawsuit. If they are unsuccessful to follow the statutes of limitations, their lawsuits could be barred eternally.You must keep in mind; there are exceptions to the rule. Example, if the demise was initially deemed a mishap rather than the effect of someone else’s disregard or spite, the statute of limitations would be attuned so that when it takes effect when the true cause were revealed rather than at the instance of demise.In reading this, we hope you better understand the steps that one must take when handling a wrongful death case/lawsuit. It can be a very difficult time for you and your loved ones, this is why it is paramount you get your lawsuit handled in a professional manor so that you and your family might move past this hard time.

Getting to the Bottom of Your Property Damage Claim With Insurance Companies

The purpose of this article is to focus some attention on your property damage claim. According to Los Angeles personal injury attorneys, sometimes it is a good idea to have your automobile insurance company cover you in terms of your automobile damage claim or any other type of property damage claim. This is really important. In other words, sometimes it is not the best of ideas to have the person who is at fault have their insurance cover your automobile property damage. There are two main reasons for this.First, if you vehicle or other property is damaged but is not a total loss then the other person’s (the person at fault) insurance will probably provide you with a check in the amount of the loss. Often times this type of check comes with release language. Obviously, you can cash the check under protest hut usually this type of effort will be ineffective. The second reason is because if your vehicle is a total loss, then you have the opportunity to challenge the total loss which was assessed by your insurance company.Further, as a general rule, according to Los Angeles accident attorneys, insurance companies attempt to increase their bottom lines and increase revenues by gauging the victim. This happens because the insurance company uses like parts instead of the same parts. This saves the insurance companies an immense amount of money. For example, if you have a Ferrari, you obviously want Ferrari parts from Italy and from the Ferrari factory. You don’t want corvette parts for your Ferrari.

Improve Your Chances of Winning a Medical Malpractice Lawsuit

People hold doctors with high regard since they are intellectuals who deal with a very important aspect of every person’s life: their health. We trust doctors with our lives because they are experts when it comes to medical issues.So it is sad when we hear of stories of medical malpractice. In fact, it is very troubling. Doctors should carry out their jobs responsibly because they owe it to the people who entrust their lives to them.People can sue negligent doctors who are liable to the injury or death of a patient. Of course, there are factors to consider in order for a case to be valid in court. A credible expert shall determine such factors. This expert should be able to attest that the standard of care wasn’t followed.A plaintiff must be able to establish the four elements of tort or negligence for a successful medical malpractice claim:1. A duty was owed – A legal duty under common law is required whenever a hospital or health care provider undertakes care or treatment of a patient.2. A duty was breached – The provider failed to conform to the relevant standard of care.3. The breach caused an injury – The breach of duty was the proximate cause of the injury.4. Damages – Without damages, there will be no basis for a claim, regardless whether the medical provider was negligent.Statutes of limitations, i.e., time limit upon which you can file a medical malpractice lawsuit, vary from state to state. In California, a medical malpractice legal action for an injury or death must be brought to the court within one year from the date of discovery of the negligent act, but no more than three years from the date of the injury.According to a study done by the Institute of Medicine, 98,000 Americans die annually due to medical errors. Other studies show 7,000 die because of prescription errors. 1,500 patients lose their lives to surgical negligence every year. Among this, only one in every eight instances goes to court.Unfortunately, medical malpractice cases are one of the most difficult lawsuits filed in a courtroom. Trials usually take a long period before the court reaches a verdict. Moreover, the cost of bringing a case to trial goes beyond the monetary amount expected by the complainant to receive after.Statistics show that patients who have been harmed because of medical malpractice seldom sue for damages. Still, people should not allow the person/s responsible for the injury or death of a patient to get away with their negligence. There is something they can do to obtain justice for the irreparable damage caused by the medical error.Like other suits, you will need legal assistance from a good lawyer. In this case, look for one who specializes in medical malpractice. Their general purpose is to review the case history, assess the damages and losses sustained, and advice if the complaint is legitimate to be admitted in trial.It is very important to hand over the case to an expert attorney. Otherwise, you might be wasting a lot of your time and money. See to it that you find the lawyer who has the greatest odds of winning the case. Their histories and experience will help you in choosing the right lawyer.

Why You Need a Skilled Car Accident Lawyer

Seasoned Los Angeles County car accident lawyers know that car accidents are a prime cause of injuries and deaths in Los Angeles County. The congested roads and freeways coupled with a steady increase in unlicensed and impaired drivers create a huge risk for Los Angeles County drivers every day. The California Highway Patrol reported that Los Angeles County car accidents caused 712 deaths and over 56,475 injuries. Drunk drivers were responsible for 268 fatalities and 5,169 injuries.A Car Accident Lawyer Can Advise You of Your RightsAs an accident victim, you may be eligible for compensation from the driver or drivers who caused the car crash. If you suffered an injury (more than likely these days), you have every right to be compensated for loss of income, medical expenses and any other expenses resulting from your accident. But how much exactly are you entitled to? And how would you begin the process of seeking compensation? A skilled Los Angeles County car accident lawyer can advise you of your rights and what types of compensation you can negotiate for.A Car Accident Lawyer Will Help Ensure You are Fairly CompensatedThis is where experience, courtroom expertise and the financial resources to handle your car accident case all come into play. The most accomplished lawyers will posses the skill and dedication to thoroughly investigate the scene of your accident. They will research the accident and your vehicle, and look into any other evidence that came into play at the time of your car crash. Moreover, a reputable Los Angeles County car collision lawyer will have the experience and skill to help you through the gauntlet of complex and often confusing California accident laws. They will also be familiar with the judges and court clerks, which can help move things along in an orderly manner.The Best Lawyers Offer Free Initial ConsultationsLastly, the most trusted car accident lawyers will offer free and immediate consultations–whether it’s over the phone, in your hospital room or home, or online. They’ll tell you upfront whether or not they can help you. And once you’ve signed on as a client, most Los Angeles County car collision lawyers will more than likely advance all costs and expenses associated with your car accident case. So you pay no fees unless they succeed in court or at the settlement table.

Types of Nursing Malpractice

Nurses play a vital role in healthcare. Often, individuals who visit medical facilities of any kind for treatment or a checkup will come in contact with a nurse before seeing a doctor. Nurses are charged with prepping patients for doctors, administering treatment, and taking care of recovering patients.Since they have such broad and important duties, nurses who fail to uphold their duties with reasonable care may cause their patients serious harm. In some cases, nursing negligence may even lead to a patient’s death.There are many ways in which a nurse can fail to uphold his or her duties. In many cases, this will depend on what kind of nurse the individual is; for instance, nurses working in surgeries will have different duties than nurses working in triage.Usually, nursing malpractice stems from a nurse’s failure to monitor patients during and after a procedure, his or her failure to report significant changes in a patient’s condition to a doctor, or his or her failure to administer proper treatment to patients.Any of these errors may have negative effects on the patient’s well-being. Additionally, a serious error can turn a highly treatable patient into a patient with permanent disabilities. As with any form of medical malpractice, victims of nursing malpractice may be entitled to financial compensation.Any medical malpractice case requires the individual filing the case to prove that the individual in question failed to use reasonable care. For help with this and other legal matters, individuals are encouraged to hire a medical malpractice lawyer before filing any legal action.When nurses fail to do right by their patients, they deserve to be held accountable.

Abuse in Nursing Homes

Many elderly Americans suffer abuse in their nursing homes each year. This unfortunate fact is only made more unfortunate when the abused elderly are unable to report instances of abuse themselves. In these cases, it is up to the individual’s family to report suspected misconduct.In most cases, regardless of where it occurs, abuse is an assertion of dominance. In retirement homes, this is often why abuse occurs. It is important to note, however, that some nursing home attendants also abuse patients out of frustration. Regardless of the reason, it is never justified.Abuse may take many forms, especially in nursing homes. Since the elderly individuals that live there are often unable to protect themselves because of physical frailty or mental illnesses, abusive attendants may take advantage of this fact. Common forms of abuse are:Physical, which is intended to cause physical harm
Emotional, which is intended to cause psychological harm
Sexual, which includes any unwanted act of sexual interactionOften, the families of victimized individuals can tell that their loved ones are suffering abuse in a number of ways. For instance, abuse victims tend to experience unexplained fluctuations in weight and may become frailer. Some individuals may have unexplained physical marks, such as cuts or bruises. Additionally, mood changes frequently accompany instances of isolation and neglect.Families that suspect their loved ones are suffering abuse should take action against the responsible nursing home. With the help of a personal injury lawyer, families of the abused may be entitled to financial compensation for their loved ones’ suffering.Abuse in any form should never be tolerated. If your loved one suffered abuse while living in a nursing home, you owe it to him or her to take action.

Road Defects: Missing Road Signs

One of the more significant road defects is one that does not even occur on the surface of the road. Road signs play an important role in safe driving because they warn drivers of speed limits, road irregularities, one way streets, and more.When these signs are missing, drivers may be left without vital information that can quickly make a car trip turn dangerous. Missing road signs may cause a driver to be unaware of impending road defects or may cause him or her to break the speed limit, putting fellow motorists in danger.Typically, the local government is responsible for ensuring that proper road signage is in place. This includes permanent signs, such as speed limit signs, destinations, and other information that will not change in the foreseeable future, as well as temporary signs. These may include signs about construction, damaged guard rails, or other things that will soon be resolved.The reason why road signs are important is because they allow drivers to plan ahead while they are driving. Vision on a road can be limited, so knowing beforehand what conditions lie ahead can help a driver prepare for dangerous conditions.When road signs are missing and drivers and their passengers suffer injuries as a result, they may be entitled to financial compensation for their injuries. These individuals will have to file personal injury lawsuits against the responsible local government.This can be a difficult task, especially since governmental entities can be difficult opponents in court. As such, individuals should employ experienced personal injury lawyers to help them fight their cases.If you or someone you love suffered injuries in an accident resulting from missing road signs, discuss your legal rights and options with the Atlanta road defects attorneys of Webb, Wade, Taylor & Thompson, LLC today.

Victims of Accidents Should Be Taken Care Of and Not Harassed

The young boy who suffered from a serious brain damage because of a car accident was the reason why his mother received so many mailed solicitations from different lawyers asking the price that she wanted to get out of this case. Would parents who are distressed be offended by this inquiry for they were asked in a pushy manner? Definitely, no questions asked. Do methods like these bring discredit on the legal profession as a whole?Very much, yes. At the urging of the state’s bar association, the Florida Supreme Court decided to try to do something positive about the situation by taking a relatively modest and welcome initiative, in response to this situation. It announced that 30 days would be the waiting period for personal injury lawyers before they can actually solicit business by mail intended for victims of accidents or their relatives.The constitutionality of the rule however was challenged by a referral service whose main business is to look for clients to be referred to these personal injury lawyers by soliciting accident victims and their families. The Florida rule was overturned by the US District Court in Tampa, Florida and declared it a violation on lawyer’s rights to freedom of speech, under the First Amendment as applied to the States through the 14th Amendment. On the basis of the interpretation of the US Court of Appeals for the 11th Circuit in Atlanta of US Supreme Court precedents over the past two decades, those who have granted lawyers the right to advertise their services.Fortunately, the Florida rule has been upheld on a 5 to 4 vote by the US Supreme Court. Two convincing justifications covered the implementation of the Florida rule according to a female justice, while the case is being written. To protect personal injury victims against invasive, unsolicited contact by personal injury lawyers or their authorized agents is the first one.The second one on the other aims to prevent the state licensed legal profession from getting angry because the practice of direct solicitation took place only days after accidents. As what the lady justice said, a form of commercial speech is advertising which is subjected to reasonable government regulations. She added that the Florida rule somehow imposes a mild restriction that doesn’t touch a lot of alternative channels for communicating the needed information about attorneys.With this, she said that Florida allows lawyers to advertise on radio and on prime time television as well as in newspapers and other media. However, lawyers may be able to rent space on billboards as well as to other forms of outdoor advertisements. Also, letters may be sent to the general population or to some discrete segments of society.Their contact details are available in the listing under lawyers in the telephone directory.

The Dangers of Mercury Poisoning

Mercury poisoning occurs when a significant amount of mercury enters an individual’s bloodstream. What is considered significant varies by person, because different people have different tolerances. As such, what poisons one person may not poison another.Usually, individuals will suffer poisoning when another individual fails to properly clean up a mercury spill. This spill may come from broken thermometers and fluorescent light bulbs, or from other objects that use mercury.When an individual suffers poisoning, he or she may experience trouble speaking, hearing, and seeing. He or she may also suffer from a lack of coordination, jolts of pain, and skin discoloration, which usually means the individual’s skin will become pink.These direct effects of mercury poisoning may eventually lead to further ailments if not promptly treated. These further ailments may include permanent damage to the brain, lungs, and kidneys. Some of these ailments may not be treatable, meaning that they may significantly decrease an individual’s lifespan.Treatment for mercury poisoning may include detoxification and a full body scrub. Mercury is hard, but not impossible, to remove, so treatment may be invasive. Even still, the discomfort of treatment is nothing compared to the pain of living with mercury poisoning.When individuals suffer poisoning because others fail in their obligations to clean up mercury spills from broken objects, the poisoning victims may be entitled to financial compensation for their injuries. Often, these lawsuits will be in the form of a premises liability lawsuit, though a product liability suit may also be a possibility.For assistance determining the correct course of action, individuals should discuss their cases with experienced personal injury lawyers.If you or someone you love suffered mercury poisoning because of another person’s negligence, discuss your legal rights and options with the Atlanta injury lawyers of Webb, Wade, Taylor & Thompson, LLC, today.