Personal Injury Lawsuits

One of the most controversial aspects of the legal system has been personal injury lawsuits. Large amounts of financial resources have been used to fund a legal system where people can blame others for issues that were really their own fault. However, there are many genuine cases where an individual or business negligence has caused injury to an innocent party. Obviously, these injured parties need to have an avenue for them to claim compensation.

Existing in most of the Western society is a system that allows injury victims to serve court papers against those party they believe has a degree of culpability. The individual can make their own claim, and present their own case to the court, or they can engage a professional lawyer. Going into a courtroom to fight your own case invariably involves a degree of risk, because it is extremely unlikely that you will have the same detailed knowledge of the law that your opponent will have.

Many lawyers are offering to work on a "No win - no fee" basis on slip and fall lawsuits and other injury lawsuits. The idea, in theory, is that the lawyer will only take on cases they believe they have a reasonable chance of winning, and then they will be paid what is effectively a commission out of the amount which is awarded to the winning plaintiff. If the case is lost, the plaintiff pays nothing. The lawyer will still have lost time preparing the case, but no actual money.

However, in reality this is not exactly so. The potential plaintiff will still have to pay some charges to the lawyer although these charges will not be classified as "fees". The bottom line is that any attempt to take legal action against someone you believe to be negligent in causing injury is going to take money, even if the amounts you need to risk are not that high. Finding lawyers who will fight this type of case is easy, as there are many of them advertising their "risk-free" deals all the time. Make sure you find out exactly what the terms are before you sign anything.

You can expect the debate on the moral and ethical issues regarding personal injury lawsuits to continue for many more years to come. The fact that the system is not right, does not mean that you should not use it when you would have every right to compensation under a system which is right. Just make sure that you do not buy into the great myth of taking a free shot at getting money out of people, by misusing the laws surrounding personal injury lawsuits.






 

Lawsuits News:

 

Defining diversity at Harvard Law - Boston Herald

ABC News (blog)
Defining diversity at Harvard Law
Boston Herald
That's because the controversy raises legitimate questions about the integrity of this Senate candidate and Harvard Law prof, who once listed herself as a minority EUR” despite being, at best, only 1/32nd Cherokee. But the story also has legs because of .
Elizabeth Warren Controversy: How Do Law Schools Make Hiring Decisions Anyway?ABC News (blog)

all 24 news articles »
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Ex-Dallas Cowboy Johnston says medical care trumps lawsuits
Former Dallas Cowboy Daryl "Moose" Johnston urges retired NFL players to get neurological exams in the same way that they ought to get colonoscopies...


Does the Law Matter in China? - New York Times

New York Times
Does the Law Matter in China?
New York Times
HONG KONG EUR” Does the law matter in China? A cursory look at the two crises that have hit the Chinese government in recent weeks EUR” one at the very top, with the purge of Bo Xilai, and one at the grassroots, with the escape from unlawful house arrest .
Rule of law? Not in ChinaSacramento Bee
BREAKING: Chinese Activist Chen Guangcheng To Serve As Visiting Scholar At NYU LawNYU Local

all 448 news articles »
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Migrant law leaves farmers worried - Arizona Daily Star

CBS News
Migrant law leaves farmers worried
Arizona Daily Star
Robert Bentley signed the immigration law last fall, and some told The Associated Press they fear the same thing could happen this year. "There's too much uncertainty," said Dickie, who farms with his brother on a ridge called Straight Mountain, .
Alabama farmers scale back as immigrant help fleesSan Francisco Chronicle

all 232 news articles »
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Labour law on side of online privacy - Independent Online (blog)

Independent Online (blog)
Labour law on side of online privacy
Independent Online (blog)
This is according to Johan Botes, the director for employment practice at law firm Cliffe Dekker Hofmeyr. He was commenting in the aftermath of a case in the US involving Kimberley Hester, who was suspended as a teacher's aide in Michigan for refusing .

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The NFL's Defense Against Head Injury Lawsuits
Class action lawsuits against the NFL are hitting headlines. Players or former players are suing the league because of head injuries. Host Rachel Martin talks with NPR's Mike Pesca...


States cracking down on strangulation attempts - The Associated Press

The Associated Press
States cracking down on strangulation attempts
The Associated Press
Anti-domestic violence groups behind the effort say the laws are intended not only to secure tough prison sentences for domestic abusers but also to promote awareness of a crime they say often precedes homicide EUR” yet is chronically under-prosecuted.

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