Displaying 1 - 10 of 61 entries.

Vehicle defects and accidents

  • Posted on April 4, 2010 at 7:00 am

The sad reality is that several people are killed on an annual basis as a result of car accidents. A large percentage of these accidents can be avoided if people rectify their vehicle defects. Many of the defects are attributed to manufacturing anomalies. If a vehicle does not meet the necessary standards, this can cause serious injuries and even death to the people who occupy the vehicle.

Filing for vehicle defects related accident claim

If a person is hurt owing to the failure of the manufacturer to produce safe cars, he or she can hire an attorney who deals with vehicle defects cases. The attorney begins by taking a critical look at the situation before establishing whether a lawsuit can be filed against the manufacturer of the vehicle. Anyone who suffers an injury that they strongly believe was caused by vehicle defects should contact a lawyer who will help him to get compensation for whatever loss is incurred.

An accident that results from a defective vehicle cannot be considered to be a typical accident because the vehicle defects caused the accident. There are specified standards that vehicle manufacturers are expected to meet and this determines the rating of cars when they crash. There are a number of vehicle defects that the law recognizes. Manufacturing defects are those that occur in the process of manufacturing a vehicle. If a manufacturer fails to include a safety feature such as air bags when designing a car, this is regarded as a defect caused by the negligence of the manufacturer.

Who is liable for vehicle design defects related accident?

Design defects are defects that come about in the designing process such as wrongful placement of certain devices that can interfere with the functions of the vehicle. If a manufacturer does not provide adequate warnings about a possible hazard within the vehicle, this makes the manufacturer liable for any damages that may result from the dangerous aspects of a vehicle. It is always a good idea to keep the vehicle as evidence that will be required during a trial. Manufacturers are responsible for the safety standards of vehicles by making sure that they are not hazardous.

Offenses related to vehicle defects

  • Posted on April 3, 2010 at 11:00 pm

The legal system has made provisions for rules that govern the manufacture and utilization of automobiles. This is necessary owing to the safety and environmental hazards that vehicles can present. Most of the regulations are concerned with what goes on during the manufacturing process. Other regulations cover the vehicle when it is being used by the motorist. A motorist can commit an offense without being aware that he or she is doing so. Being unaware of vehicle defects does not protect motorists from the provisions of the law.

Common vehicle defects on the road

A motorist is required to do a thorough check of the vehicle before taking it out on the road. It is an offense to drive a vehicle that has vehicle defects because this not only poses a danger to oneself but to other motorists and pedestrians as well. These defects include aspects such as faulty brakes and lights and tires that are worn out.

Understanding the consequence of vehicle defects

When vehicle defects are considered to be minor, the motorist may get away with a simple warning from a police officer. This is followed by the motorist making a commitment to sort out the defect as soon as possible. After making the necessary changes, the motorist is supposed to avail the vehicle for an official inspection during which the motorist will be informed whether or not the car is fit for the road.

Extreme vehicle defects that render a car unworthy of being driven on public roads are dangerous and can cause the vehicle to be impounded. This is because the defects make the car risky to drive and the consequences could be dire. In cases where the defects are beyond repair, the motorist should be responsible enough to let the car go. Vehicle defect attorneys specialize in helping people who have been injured as a result of vehicle defects. Anyone who is injured as a result of a car whose manufacturer fails to produce a roadworthy automobile can bring a lawsuit against the manufacturer. A vehicle defect lawsuit offers justice to victims of car accidents that result from negligent individuals who fail to rectify auto defects.

Knowing the criteria for filing a defective products claim

  • Posted on April 3, 2010 at 3:00 pm

Defective products law is a reference to the liability of one or more participants in the production of goods that may cause harm or substantial damage. Parties include manufacturers and assemblers of products as well as people who distribute the products and make them available to consumers. The production chain ends with the retailer who is also liable for any danger that a product may pose to consumers. Defective products lawsuits usually constitute the use of products that are defective. For most people a product is something can be touched but defective products law now caters even for items that are intangible.

Evidence for defective products claim

Defective products law claims have the basis of negligent activities or warranty breaches in which a product fails to live up to the functions it is meant to fulfill. Different states have different product liability laws. Regardless of in which state that one is, the defective products law requires individuals or plaintiffs who bring out lawsuits to prove that the product had defects. A number of product defects exist and these count as a liability for suppliers and manufacturers.

Design defects as defective product

Design defects are perceived as defects that were in existence even before the product was formed. Even though the product might function well, the design defect is considered to be dangerous. Defective products law defines manufacturing defects as those that occur when the product is being manufactured. This usually means that a small number of a range of products are defective. Marketing defects are mainly concerned with the lack of instructions or instructions that are unclear. It is also concerned with a lack of adequate warnings regarding the safety of the product.

The defective products law does not place emphasis on the good intentions or attempts to be careful on the part of the producer. Whether or not the producer exercised caution during the manufacturing or distribution process does not redeem him if the product is defective. The liability offense is based on the end result and not what went on before the consumer gained access to the product.

Understanding the components of the defective products law

  • Posted on April 3, 2010 at 7:00 am

Defective products law is a reference to products liability that constitutes liability of key players in various industries such as vendors, distributors, manufacturers and wholesalers in the event that damages are brought about as a result of products that are defective or not safe to use. The defective products law is designed to guard the consumers from products that may cause undue harm to them. The law makes vendors, distributors and manufacturers directly responsible for allowing certain harmful products to be made widely available for consumption. This type of liability varies in terms of the production chain that stretches from the manufacturer to the end customer.

Coverage of defective products law

Defective products law typically covers retail goods and it constitutes virtually any item that can be purchased or sold. The law also caters for the real estate industry and a suit can be brought against a person who sells or leases property that is deemed to be below the stipulated standards. The law integrates a number of theories or concepts and these are in regard to the provisions that are made. When goods or products are designed defectively, they are considered to be a hazard to consumers because they fail to serve the purpose that they were originally intended for.

Who is liable for the defective products?

Defective products law also holds manufacturers responsible for cases where the product was used wrongly by a consumer because this should have been foreseen during the production process. If any defect is caused during the production of the item, the manufacturer is automatically held liable according to defective products law. Other defects are those that are related to the marketing aspect of goods. Examples of these defects include a failure to warn consumers of any possible adverse effects of the product or a lack of sufficient information regarding the product. The varied theories of product liability are determined by the laws of particular jurisdictions. In instances where negligence is alleged, the basis of the law is to establish that any negative consequences brought about by the product could have been prevented.

Distinguishing occurrence of medical malpractice

  • Posted on April 2, 2010 at 11:00 pm

Any form of professional negligence that is carried out by a medical practitioner is regarded as medical malpractice. It involves the deviation from accepted medical standards in any given situation that results in the injury of a patient or even death. These standards vary but there is a general code of conduct that medical professionals are expected to adhere to in all their endeavors. They are responsible for the patient’s welfare and are liable for any damages or medical malpractice lawsuits that may be filed against them.

Knowing doctor’s responsibility

The responsibilities of doctors range from diagnoses and prescribing medication to performing surgical procedures. It is important for victims of medical negligence to locate lawyers who can help them build a case based on the circumstances surrounding the situation. A lawyer can make a successful claim on behalf of his or her patient by proving beyond reasonable doubt that negligence took place on the part of the defendant or medical practitioner.

The broad scope of medical malpractice is that it constitutes the disregard for an individual’s wellbeing. A medical malpractice lawyer guides the victim of negligence in terms of what legal options are available and how the individual can go about gaining compensation for any losses incurred. While in some situations a lawsuit cannot do much to restore much of what someone has lost, it serves as a pertinent reminder of how important it is for doctors to exercise caution in their care for patients.

Seeking help for medical negligence

The best way to tackle the situation is by hiring a competent lawyer who will commit himself to making the doctor literally pay for whatever physical damage he has caused. In extreme cases where the death of a patient has been caused, the case can still be pursued by members of the deceased’s family. It may seem like a long and winding process for them but the reality is that seeking justice can be very fulfilling and it also goes a long way in helping people overcome the suffering that they have been subjected to through the medical negligence.

Understanding the legal implications of a Medical Malpractice

  • Posted on April 2, 2010 at 3:00 pm

Medical malpractice refers to situations where medical practitioners fail to give their patients the treatment that they require, subsequently causing injuries to the patients or a considerable loss of their livelihood. In such situations, the doctor fails to provide care and professionalism that is necessary for a surgeon or physician to perform his duties well. This essentially means that another physician in the same capacity would offer better care in similar circumstances.

How do you file a claim?

Medical malpractice also refers to a low level of medical standards that compromise an individual’s health and overall wellbeing. When these mistakes are made, a lawyer who specializes in medical malpractice is required to assist the plaintiff to make credible claims in a court of law. A lawyer makes it possible for the patient to seek compensation rapidly in line with the individual’s stipulated rights. This works by the lawyer working with both the legal medical and hospital system to establish what type of charges can be brought against the doctor. This helps the victim of medical negligence learn more about what his or her rights are. As the person recovers from the consequences of the negligent physician, the lawyer spares no effort in trying to receive compensation on behalf of the client.

Common medical malpractice cases

Medical malpractice covers a broad range of medical issues ranging from a wrong diagnosis to poorly performed surgical procedures. A common misconception is that people cannot seek legal redress through medical malpractice suits if they signed consent forms. It is important to note that consent forms are not a license for medical practitioners to lower medical standards and put their patients at risk. During any medical procedure, the doctor or physician is expected to exercise responsibility in terms of ensuring that the patient is comfortable and treated with utmost integrity. Medical negligence is more common than most people would like to believe and the tragedy is that very few people are aware of their legal options. Deviation from accepted medical standards is not something that patients should have to suffer for.

How do you file a claim related with Mass Torts?

  • Posted on April 2, 2010 at 7:00 am

Mass torts are unique from other types of personal injury claims because of their distinct features. To begin with, mass torts usually involve a considerable number of claims that are associated with a one product. The second point is that irrespective of the number of claimants, there are shared aims as well as facts in the context of legal issues. The third point that distinguishes mass torts from other types of personal injury lawsuits is that mass torts involve an interdependence of a certain value between the different claims being made. There other issues to be understood as far as mass torts are concerned, as highlighted below.

Mass torts case classification criteria

Criteria to be followed when establishing whether designation of a case as a mass tort is justified

The following factors among others considered in the evaluation process:

* Whether the case or cases posses the following characteristics:

· Involves a significant number of parties

· Involves many claims that are related

· The cases depict a high level of commonality as regards the injuries

· There is an interdependence value between different claims being made

· There is some level of remoteness between actual decision makers and the court

* Whether centralized management of the cases is deemed fair and convenient to the parties involved.

* Whether harmonized discovery is deemed advantageous

* Whether issues regarding insurance, potential bankruptcy and limits on assets can be best addressed through coordinated proceedings

* Whether centralized management of the cases would lead to better utilization of the judicial resources as well as other facilities required by the court.

Choice of site for managing mass torts centrally

Many issues have to be considered when deciding where and how mass torts will be managed. These include aspects of fairness, the geographical location of the parties involved as well as their attorneys, and the current civil and mass tort load of cases in the vicinage. The Supreme Court decides where the mass torts will be managed after critical evaluation of the aforementioned issues to ensure that the resolution process is not halted under any circumstances.

How do you understand Mass Torts?

  • Posted on April 1, 2010 at 11:00 pm

The term mass tort refers to a civil action that involves many plaintiffs against one or a number of corporate defendants in a federal or state court. As the name denotes, mass torts include many plaintiffs and for this reason many law firms have to rely on the mass media in order to reach potential plaintiffs. Some of the cases that are classified as mass torts include mass toxic torts, mass disasters torts, as well as product liability torts. Designating cases as mass torts is a difficult task since it requires a lot of judgment as well as good understating of the relevant laws. As such, a number of issues that are discussed below have to be understood.

Mass tort guidelines

The attorney involved in a particular case or several cases that may be considered as mass tort or the assignment judge of any given vicinage may make an application to the Supreme Court through the person in charge of administration of courts to have the case or cases classified as mass torts. In turn, such cases are assigned to a designated judge who manages them collectively. When making the application, the attorney or the assignment judge notifies all parties involved in the case or cases of the application. The notification informs the parties involved that a Notice to the Bar would appear in the relevant legal newspapers as well as in the Mass Tort Information Center that is available on the Judiciary’s online website. Thus, the parties involved can obtain information regarding where and within what time limit they can make comments and objections.

Role of the Director of Courts in designating cases as mass torts

Upon receiving the application, the Director of Courts presents it together with the compilation of comments as received and the objections made, to the Supreme Court. The Supreme Court has to review the application and determine the next step. If the Supreme Court rules that the cases can be mass torts, a relevant Order will be entered under the designated judge’s discretion.

How to file a case related to brain Injury?

  • Posted on April 1, 2010 at 3:00 pm

There are many cases in which people are involved in accidents that result in serious brain injuries. One such case is the traumatic brain injury, commonly referred to as TBI. Patients suffering from TBI need renowned personal injury lawyers in order to have the tortfeasors compensate them.

Are brain injury lawsuits complicated?

In a way, the sensitivity as well as the severity of cases involving brain injuries makes the cases somewhat specialty lawsuits. That is why the client needs to know and understand their personal injury lawyers well before going for their services. One should make inquiries about the lawyer, for instance the number of cases involving brain injuries that he or she has handled, and the nature of results the same lawyer obtained at the end of the lawsuit. In addition, it is important examine the relationship of the lawyers with numerous brain injury associations.

Dealing with TBI victims

In many cases, TBI victims are required to report back to work as soon as they are able to even if the lawsuit is still on. This has serious implications since most TBI victims may be charged in court as fakers and malingerers by insurance companies and the defense counsel. Most likely, the victim will lose the case if the jury believes in the arguments presented. As such, one needs a good personal injury lawyer to argue out the case in favor of the victim.

Parties involved in brain injury cases

Many parties are involved in brain injury lawsuits. These include doctors, life care planners, and employers. All these present their viewpoints about the losses associated with the victim’s condition. As such economists are needed to calculate actual losses resulting from the injury in order to facilitate real time and accurate compensation of the injury victim. Such calculation takes into account the present as well as past records and how these are likely to behave in future while the brain injury patient remains in the current condition.

How do you determine the legal implications of brain injuries?

  • Posted on April 1, 2010 at 7:00 am

Brain injuries refer to defects or ailments that affect the brain or the head region in general. For this reason, brain injuries are also referred to as head injuries. The ailments related to brain injury include concussion and coma. Brain injury lawyers are dedicated to serving the community, and their service implies more than just being lawyers. These lawyers are committed to serving the survivor, their family members, as well as the medical personnel in charge of the survivor. To facilitate this, brain injury lawyers have uncountable resources to help their clients.

Who do brain injury lawyers represent?

Brain injury lawyers have dedicated themselves to representing people who have suffered injuries to the brain. In most cases, such injuries arise as a result of inappropriate conduct or negligence by one party.

Some complex issues involving brain injuries

Due to the nature of brain injuries, many doctors disassociate themselves from the patients. As such, it is common for doctors dealing with patients in coma to buy time by saying that they will just have to hang around and see. In cases where patient suffers concussions, doctors may report that there was actually no permanent injury to the brain. The truth is that in spite of the severity of brain injuries there is usually a lot of ignorance of the long term implications of the condition.

Major divisions of brain injury

Brain injuries can be dealt with by first understanding the three categories: coma injuries, mild brain injury or subtle brain injury, and brain injury Symptomatology.

In order to deal with coma, brain injury lawyers focus on helping the family members as well as friends of the person in coma as they wait for progress.  The starting point for dealing with subtle brain injury is overcoming the misconception about the condition while encouraging those affected to seek permanent treatment. Symptomatology deals with a more detailed treatment of the brain. This is done by focusing on the specific deficits of the brain and supporting them progressively.