The personal injury law is also referred to as the Torte Law. It encompasses a wide range of scenarios in which an individual has suffered some form of injury due to the carelessness or negligence of another person. The injury can be physical or psychological. The Torte Law also covers cases of wrongful deaths – that is injuries that turned fatal.
A typical personal injury case starts off with the plaintiff suing the defendant for the injury caused and seeks monetary compensation for the same. The compensation is generally referred to as damages.
Below are some of the common situations where the personal injury law holds ground:
Accidents due to a car crash, collision with motorbikes, trucks or pedestrians.
Cases of consumer product liability such as injury caused due to the use of defective products, fake medicines or recalled products.
Cases of premises liability such as injuries arising due to any slip or fall.
Defamation cases that damages the reputation of an individual and causes emotional distress to an individual.
Injuries sustained due to hazardous substances such as chemicals or explosives.
The Torte Law primarily focuses on the damage inflicted on the person. Even though there may be damage to property in some cases like car accidents, the law centers its attention on the individual first and later on the damaged property.
Different basis of personal injury cases
The most common basis of claim in any personal injury case is negligence. The act of negligence occurs when the plaintiff suffers an injury as result of the defendant’s failure of meeting his/her legal obligation of ensuring the plaintiff’s safety.
In order to win the claim, the plaintiff has to establish the below points in a court of law:
The defendant was responsible for ensuring the safety of the plaintiff
The defendant failed to ensure the safety of the plaintiff
The cause of the injury was due to lapse on part of the defendant.
As result of which the plaintiff suffered injuries.
Apart from negligence, strict liability and intentional acts also form the basis of some personal injury claims.
Strict liability is applied in cases where an individual suffers injury as a direct consequence of the manufacturing or design defect of the product. Strict liability is usually applied in cases related to consumer product liability.
Intentional acts are very rare and are applied in cases where the defendant physically assaults the plaintiff or in cases of false imprisonment.
Different types of damages
A personal injury case that goes on trial is heard either by a judge or a jury. They listen to both the parties before arriving at any judgments. If the plaintiff has established that the defendant is responsible for the negligence, the judge or jury will calculate the total compensation. The damages are classified into the below two categories:
It includes physical pain, impairment, disfigurement, mental duress etc. General damages are hard to quantify as there is no barometer for measuring a person’s sufferings and pain. The court determines the amount by taking into consideration the severity of the injury.
It includes medical expenses, loss of wage, replacement or repair of damaged property etc. The main purpose of special damages is to compensate the plaintiff for their losses. This is fairly easier to calculate than general damages as a dollar value is available for the loss.
As going on trial can be a time consuming process, arbitration or mediation is the more popular approach for settling personal injury cases. Here, the defendant and the plaintiff work with each other and decide on a settlement amount.
It is to be noted that according to the statute of limitations that is applicable in a few states, the plaintiff has a fixed time window within which he/she can sue the defendant. Once the specified duration elapses the case gets dismissed.
Like many other areas of life, the law is a huge field, and people are usually unaware of the actual size and volume of legal information that exists in the world. Whether you are an individual in need of legal advice or a business enterprise that needs help in a lawsuit or a complicated case, lawyers are the ones who help us in the time of crisis. Their knowledge and expertise are the solutions that we need, and without their assistance – we would have many more problems and difficulties in life.
But, since the law is a such a large area, it is often very hard or even impossible to have a grasp on all the elements of this field. In other words, there is simply too many cases, precedents, and articles for one man to handle, and even computers are sometimes unable to find the right information in a short amount of time. That is why humans have to be creative and clever, and specializing in a particular sector is the best way to become a respectable and reliable professional.
Easier And Better Understanding Of The Law
As we have already said, people who are experts in a certain field have much better understanding of that particular area, and they can be much more productive and efficient. If you want to have good and satisfying results – find a lawyer or a law firm that is focused on just one sector, and this will produce the best outcome for your case or lawsuit. Same as doctors and scientists specialize in only one area – attorneys do the same so that they can be the best at what they do.
Knowledge And Expertise
Law firms like to hire attorneys with different profiles, simply because companies need people who can cover different services that they provide. For example, a law firm may offer several types of services, such as insurance law, personal injury law, securities law, and so on. Each of these areas calls for an expert in that particular field, and that is also one of the reasons why lawyers specialize – to find a job more quickly.
Having a good and reliable attorney by your side is sometimes the best investment that you can make, and no matter the type of business that you are in – professional and high-quality lawyers can be of great value to your enterprise. However, the importance of good lawyers goes beyond the corporate world, and individuals also need legal aid from time to time. Whether the problems arise in the insurance sector, or we are being discriminated, harassed at work, or some another legal conundrum appears – we need lawyers to help us solve the issue in a satisfying manner.
How To Hire A Good Lawyer
Hiring a good legal representative is a critical step towards winning (or losing) a case, and that is why everyone should pay particular attention to this element. The process of hiring the perfect law firm or the perfect attorney starts with collecting referrals and recommendations from friends, family or coworkers, and they should be the ones who will provide you with unbiased and verified information. After that, you should perform a detailed verification process, i.e. you must do your homework and check the licenses and certificates of the law firm in question. If you are hiring an independent attorney, make sure to check if he or she has a university degree hanging somewhere on the walls of their office.
The Benefits Of Professional Legal Aid
If you hire a client-oriented law firm, you will have much better odds of landing a satisfying verdict in your lawsuit. Also, good lawyers can reduce the penalties that you may have to face due to something that you caused, and this is a regular role in the everyday activities of lawyers and law firms. However, the benefits of the lawyer’s work are not magical, and you or your enterprise will sometimes have to face legal actions that are mandated by law.
But, if your lawyer is experienced and enthusiastic, your business can make a powerful boost receiving some unexpected income from class action lawsuits or similar activities, and the same can happen in the private sector. Capable and knowledgeable lawyers may not be magicians, but they are capable of producing magic every once and a while.
The importance of a reliable and professional legal advice is immense in today’s business world, but individuals also often need legal aid as well. Since we all lead busy lives, good attorneys can help us have one less thing to worry about because they can take care of any problems that we may have. Lawyers usually specialize in a particular field of law, and it is best to look for experts in their respective areas, i.e. attorneys who have the most experience and knowledge in a certain field.
However, not all lawyers are the same, and jut like in any other line of business, some of them do not take their job as seriously and professionally as their clients may like. A whole series of problems can arise if you hire a lawyer who does not have the necessary skills to solve your case successfully or to provide you with accurate and verified information. Unfortunately, amateurs are present in all areas of human activity, but there are some steps that you can take so that can sign with a high-quality law firm.
Certificates And Licenses
The first thing you should do when inquiring about a lawyer or a law firm is to verify the licenses and certificates of the people in question. By doing so, you eliminate the possibility of hiring a fake lawyer or signing with a scam company. University degree is a must, and if your potential attorney does not have one hanging on the fall of his office – leave the premises and visit the next name on your list. Also, you can look for licenses and certificates on the website of the law firm you are willing to hire, and these elements should be clearly and visibly displayed on the site.
Word of mouth is still the best recommendation you can have, and good lawyers have a good reputation. Usually, we ask our friends or colleagues about potentially good lawyers, and if we receive good referrals – we can be confident that the lawyer in question performs his job in a dedicated and enthusiastic manner.
Every business person knows the importance of a corporate lawyer. They are one of two essential employees that should be first on the hire list for every new company, along with an accountant. Both of these will help set up the business and ensure that no harm comes to it.
It doesn’t matter whether you are starting a big or a small company, you will need a business lawyer. They will make sure that every permit is present and that everything in the enterprise is by the law. Failure to do this will result in court processes where you will have to pay for an attorney and still pay various fees. Having a corporate lawyer will prevent that from happening.
The skills that a business lawyer should have
You can’t just hire the first lawyer whose ads you see. You also shouldn’t hire a first corporate lawyer that responds to your add. There are different branches of business law, and very few lawyers have extensive knowledge of all laws within it. Those that show extensive knowledge will cost you a lot, but sometimes they are worth the money. But the best option for you is to look for a lawyer who specialized in dealing with work that matches your company. This will save you some money, and you will still get a good lawyer that will keep your money in the enterprise’s account.
If you started a real estate agency, for example, then you will need a lawyer that understand the legal bindings of the contract between a company and its clients, as well as bonds between the agency and the opposing parties in a deal. That lawyer doesn’t need the knowledge about taxes and such things; they have to know everything about real estate to help you get better deals for your clients.
If you started a company that works on innovation field, then you should hire a lawyer that specialized in intellectual property. They will help you with paperwork that will ensure that no one can steal your patent or use your innovation to create something similar without your approval. You will find that attorneys that deal with intellectual property don’t pursue any other business law paths.
Interview – the perfect opportunity to check the lawyer
Don’t just hire a lawyer when you go through their credentials, call several of them on an interview. That interview should serve you to find out more about the lawyer or to be more precise to find things that aren’t written on the paper.
There won’t be a section in the advert where it says what kind of connections a business lawyer has. A lawyer that has many connections is worth more than two or three attorneys that have none. The links will allow them and indirectly you, to step out of the boundaries and achieve things that aren’t possible without external help.
Also, check whether the lawyer has other clients from the same industry. The legal code prevents them from sharing sensitive data with other customers, but you don’t want to risk a leak (money can do strange things to people and lawyers are people as well).
“Do I Have a Right?” is a prime example of a game that teaches the players about the law. The player takes control of a law firm that focuses in constitutional law. The goal of the game is to check whether your clients need a representative and to match them with the lawyer that specializes in the problems they face. The expansion of this game introduces more exciting features that focus on the introduction of new law practices.
“Phoenix Wright: Ace Attorney” is another great instance of a law-based game. This one focuses on criminal law. The protagonist of the game (you) investigates the murders and defends the clients. The game had a huge success, and there have been more than five sequels as well as a large number of spin-off games. All of those focus on law, and the player can learn a lot about criminal law and procedures that follow the investigation and the actual court process.
Games and learning – Two sides of the same coin
Many people laugh when someone mentions these two terms in the same sentence (games and learning), but they fail to realize that the learning is the core element of every game. A game would be dull without some form of learning and players wouldn’t find it interesting for more than couple of hours. Every game has a learning aspect that teaches the player about the world they are in, the story and all other aspects that create the virtual reality of that title. There have already been many games that focus on learning everyday stuff, including school subjects through interactive games, so why shouldn’t they include law?
Efficient game-based learning is a step towards future
Why do children hate schools? Have you ever wondered about that? No, because you hated it as well. Well, the school doesn’t promote learning it encourages rote memorization which creates a lot of pressure for young people. Learning about law brings, even more, pressure as there is a general opinion that law has to be memorized.
But we don’t have to force young people to remember everything because there is another way for them to learn, an option we didn’t have in our time. This option is to learn through games. The idea is quite brilliant. Creation of the friendly and enjoyable environment that will attract people is the beginning. The game shares info and teaches the player about the field they are interested in (in this case it is law), and they encounter obstacles (optional and exciting feature) that require knowledge of the said subject.
The active learning through games involves working to achieve something and that work includes actions that challenge the players’ knowledge of the law. The environment in which the player works is risk-free, so they can experiment and learn from the failures without any repercussions. This is opposite of traditional learning that focuses on drills and testing of the students on what they memorized. That is an ineffective way to learn, and we should switch to an easier way that comes in the form of games.