Broken Bones http://brokenbones.net/atom/feed 2008-07-09T14:08:53-06:00 Car Accident Law http://brokenbones.net/content/car-accident-law 2008-07-13T18:58:21-06:00 2008-07-13T18:58:21-06:00 bhermanto Laws covering car accidents generally come under two categories: no fault and fault liability. No-fault liability usually refers to insurance coverage that allows the insured to recover damages and financial losses from their own policies. These are generally aimed at reducing lawsuits since the fault of the drivers doesn’t have to be assigned. The policies generally restrict the policyholder’s options to bring suit.

]]> Laws covering car accidents generally come under two categories: no fault and fault liability. No-fault liability usually refers to insurance coverage that allows the insured to recover damages and financial losses from their own policies. These are generally aimed at reducing lawsuits since the fault of the drivers doesn’t have to be assigned. The policies generally restrict the policyholder’s options to bring suit.

Fault refers to the tort-based system which assigns blame on the part of one of the drivers or contributors to the accident, taking into account the degree of blame and deciding which party will be liable for damages and loss.

The laws of the state where the accident occurred are generally those that determine which party pays damages. There are four main categories of liability: the tort-based system, the no-fault system in which the insurance companies compensate the drivers for loss and damages and the drivers’ rights to sue are protected, the no-fault system that restricts the policyholders’ right to bring suit and states that offer a choice between no-fault and traditional tort systems.

In some states a threshold has been drawn to limit the amount that a driver must self-insure themselves for. In some, this threshold is based on a specific dollar amount and in other states it may depend upon the circumstances of the collision. For instance, a no-fault state may allow that system for all losses except in cases where there is serious personal injury or one of the drivers was violating the law, such as driving on a suspended license or in a state of impairment from drugs or alcohol.

In states that operate under a strict fault system, the driver who caused the collision is liable for all damages to the vehicles involved and any serious injuries that may occur because of it. Many insurance policies take into account that some states have different systems and are underwritten accordingly.

Regardless of which state the accident occurs in or what type of policy those involved have, they are legally bound to report the accident to the proper authorities and exchange insurance information. If there is no witness to the accident and no one occupying the other car, the driver is legally required to leave a note with his contact and insurance information with the car that he or she damaged. Failure to abide by these requirements is a violation of the law and the persons involved could conceivably be charged with hit and run, a serious criminal offense.

]]> What You Need To Know About Assault and Battery http://brokenbones.net/content/what-you-need-know-about-assault-and-battery 2008-07-13T18:56:32-06:00 2008-07-13T18:56:32-06:00 bhermanto Assault and Battery, usually heard by the layman as a single charge, actually involves two separate torts, although it is unusual for a charge of battery to be initiated without including assault. Assault is the mere threat of battery or making someone afraid of imminent or future battery. Battery is nearly always combined with assault because very few crimes of battery occur without prior threats.

]]> Assault and Battery, usually heard by the layman as a single charge, actually involves two separate torts, although it is unusual for a charge of battery to be initiated without including assault. Assault is the mere threat of battery or making someone afraid of imminent or future battery. Battery is nearly always combined with assault because very few crimes of battery occur without prior threats.

Battery involves applying physical, intentional force to another person or intentionally touching that person in a manner that is offensive or harmful to them without their consent. A person has to have clear intent to cause harm or offense through contact in order to be guilty of battery. They must also instill fear and apprehension within the victim; in other words the victim must fear harm or offense. Lastly, the perpetrator actually has to physically commit the act of battery. Someone who merely stumbles into another person, causing that person to fall and injure himself, is not guilty of battery. There is no intent, no threat, no apprehension and no fear on the part of either party prior to the accidental physical contact. Conversely, the person who threatens to strike another and then actually follows through with the act is guilty of the crime of batter. They displayed intent, created fear and apprehension then carried out the act of physical contact without consent.

Criminal battery requires mens rea, or criminal intent to commit a wrong act or to contact a person in an offensive or harmful way. Simple criminal battery is often treated as a misdemeanor but with more severe punishment as the incidents increase. In some states a second or third offense of criminal battery is considered a felony. There have been many cases where charges have been dropped prior to a court hearing but in many states, charges of battery are not allowed to be withdrawn, even by the victim, if it involves domestic violence. The chances of the battery being repeated is too great.

Most sexual crimes include battery, since it is not a consensual act. Some states allow for prosecution of specific crimes of sexual battery.

Aggravated battery is merely battery with an aggravating factor. This could be victimizing a protected person such as a government agent or child in a protected place or vehicle, say, a public bus or a school zone. Serious injury is another aggravating factor that takes simple battery to a felony charge.

]]> Understanding Structured Settlement http://brokenbones.net/content/understanding-structured-settlement 2008-07-13T18:53:10-06:00 2008-07-13T18:53:10-06:00 bhermanto A structured settlement is an arrangement with an insurance company to make periodic payments in exchange for settling a personal injury claim. This type of compensation first appeared in the 1970’s as an alternative to lump sum settlements. They are now part of the statutory tort law of many countries, including the United States. These are sometimes called "periodic payments" and if awarded by a judge at the end of a trial, it is called a "periodic payment judgment".

]]> A structured settlement is an arrangement with an insurance company to make periodic payments in exchange for settling a personal injury claim. This type of compensation first appeared in the 1970’s as an alternative to lump sum settlements. They are now part of the statutory tort law of many countries, including the United States. These are sometimes called "periodic payments" and if awarded by a judge at the end of a trial, it is called a "periodic payment judgment".

Insurance companies are the most common entities that arranged structured settlements. Usually they will purchase an annuity for the purpose of making the payments. Many times, the insurance carrier purchasing the annuity will receive a rebate, commission or both with the annuity. A good lawyer will stipulate, if possible, that any rebates or commissions involved in the structured settlement be paid to the defendant.

There are several benefits to structured settlements; some are tax-free and some can reduce the plaintiff’s tax obligations as a result of the judgment. It protects the plaintiff’s funds from being used up and also from themselves—some people just aren’t good at handling large sums of money or saying no to relatives that want to “share the wealth”, so to speak. If the client has been severely injured and faces long term care and disability, a structured settlement is most likely an ideal solution to cash flow problems he is likely to encounter. It’s also possible such a plaintiff would be better off with a special needs trust rather than a structured settlement, especially if they will be benefiting from Medicaid or other type of public assistance.

Minors benefit from these settlements, too. As well as providing necessities as they are maturing, a structured settlement can pay for college and other important needs. A reputable financial planner can be a real asset in arranging such expenses.

There are just a couple of disadvantages to a structured settlement, the first being completely subjective. Some people feel constrained by the schedule of payments involved, especially since they may have been planning to buy a new house with their settlement or other big ticket item that would consume the entire settlement. Some also feel that investing that money would give better long-term return than the annuities that the defendant had purchased.

Many people will be approached with offers to buy their structured settlements but about two thirds of the states have laws restricting the sales and tax-free settlements are severely restricted when it comes to their sale to a third party. Some insurance companies refuse to transfer the annuities to a third party. And indeed, those who offer to buy annuities aren’t extending that offer to benefit the seller!

Structured Settlements can be a very beneficial way to resolve a lawsuit, to both parties.

]]> Pain Suffering And Lost Wages http://brokenbones.net/content/pain-suffering-and-lost-wages 2008-07-09T14:17:56-06:00 2008-07-09T14:17:56-06:00 bhermanto Many people assume that bringing suit for pain, suffering and/or lost wages is a simple matter but it’s much more complicated than merely accusing another party and collecting an award. Juries must take into account a “reasonable” award; what is just and fair for one person’s pain and suffering may be grossly undervalued for another’s. Each case must be treated as a separate legal challenge; there can be no set amount to compensate for pain and suffering, as everyone has different thresholds of tolerance.

]]> Many people assume that bringing suit for pain, suffering and/or lost wages is a simple matter but it’s much more complicated than merely accusing another party and collecting an award. Juries must take into account a “reasonable” award; what is just and fair for one person’s pain and suffering may be grossly undervalued for another’s. Each case must be treated as a separate legal challenge; there can be no set amount to compensate for pain and suffering, as everyone has different thresholds of tolerance.

Lost wages, on the other hand, seem to be fairly straightforward. You lost five weeks of work and you’ll be compensated for them, right? Perhaps not. Insurance adjusters are often the first ones to receive medical reports and if there is something amiss, you have no chance to correct it. If it mistakenly says that you missed only three weeks of work, that’s what you’ll be compensated for. It’s very important to instruct all of your physicians to obtain your approval before giving anyone else access to your medical records, particularly when it involves a legal claim. Lost wages are awarded only for work missed, not for possible future earnings.

Pain and suffering damages have always posed a challenge for the legal system. Since neither can be seen or touched, there is no physical evidence other than the word of the plaintiff and the findings of their doctor. The same injury in two different people may have dramatically different effects. A hairline fracture of the ankle requiring a soft cast for two weeks may not bother a receptionist with a desk job. That same injury may cause untold suffering to a elderly diabetic who is already struggling with arthritis and living on his own with nobody to assist him. While the receptionist is back to her normal life after a few weeks, the senior citizen still suffers intense pain just getting out of bed in the morning. These two cases would command two very different awards for the pain and suffering involved in the injuries.

Soft tissue injuries are another common source of pain and suffering. Often, the patient fully recovers with competent treatment and the award is in keeping with his level of discomfort. However, a soft tissue injury in someone that is already disabled or one that requires surgery is much more serious. Juries tend to award more in such cases or in any case that find the effects of the accidents altering a person’s life for a significant period of time.

]]> Hiring the right personal injury lawyer http://brokenbones.net/content/hiring-right-personal-injury-lawyer 2008-07-09T14:08:53-06:00 2008-07-09T14:08:53-06:00 bhermanto When damages occur to a person, his property, rights, or reputation, it is said to be a personal injury. It can mainly happen due to the carelessness or perilous acts of another individual or organization that had the responsibility of your safety. Personal injuries can be of varied types and can easily come in the form of a road accident, injury at workplace, a defective consumer product, negligence during medical treatments, etc. It can also be attributed to cases of defamation, nuisance, encroachment, professional misconduct, wrongful death, etc.

]]> When damages occur to a person, his property, rights, or reputation, it is said to be a personal injury. It can mainly happen due to the carelessness or perilous acts of another individual or organization that had the responsibility of your safety. Personal injuries can be of varied types and can easily come in the form of a road accident, injury at workplace, a defective consumer product, negligence during medical treatments, etc. It can also be attributed to cases of defamation, nuisance, encroachment, professional misconduct, wrongful death, etc.

If you are a victim of personal injury, the first step to take towards redress of your grievance would be approach a capable personal injury lawyer who can guide you effectively towards your goal. Each one may be specialized in different fields, so it is important that you identify your grievance at first and then look around for a lawyer who is experienced in dealing with similar cases. A good law firm may be able to help you out regarding this. Most lawyers dealing in personal injury cases provide consultation that is free. So you can avail of the opportunity to talk to them before hiring as in this manner, you can also understand the compensation amount as well as the time that will be taken.

Another important aspect that may be of interest to you is that personal injury lawyers can also be hired on a contingency fee basis. This means that if you are awarded compensation, you need to pay the lawyer a percentage of the settlement amount, but if you fail to receive any compensation, you need not pay him his fees. Whatever the position, it is always better to get a written agreement specifying all matters clearly right from the beginning to avoid unnecessary stress later on.

Communication with your personal injury lawyer is a very vital aspect in such cases. The lawyer should be made aware of all the details of the case in advance so that he can help you get the desired results. Moreover, a good personal injury lawyer should also be able to deal effectively with insurance agents because of the claims that may be involved. Therefore, before hiring a personal injury lawyer, it is really necessary that you look into his various experiences regarding similar cases before entrusting him with your case.

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