Police Brutality Lawsuits

Posted on October 3, 2015

Police Brutality Lawsuits

If someone wants to sue the police for brutality or the excessive use of force, that person has to file a civil lawsuit. We’re going to take a closer look at what that lawsuit process typically looks like.

Police Conduct and Immunity

If you are considering suing the police for brutality or misconduct, you need to understand the idea of qualified immunity. Generally speaking, police officers cannot be sued for the actions they take while on the job as long as they perform their duties within reasonable bounds. If this happens, you cannot successfully file a lawsuit against the police or the organization that employed them. This immunity is designed to allow police to do their jobs without the constant worry of being sued for anything and everything they do.

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State Differences in the Statute of Limitations

When it comes to personal injury cases, the statute of limitations is a vital issue to understand. A lot of people know that statutes of limitations are laws that impose specific timelines in various types of legal cases, but not everyone knows that there can be some significant differences between states when it comes to these laws. Today, let’s take a look at what types of statutes of limitations differences exist between states.

Types of Statutes of Limitations

Before we look at state differences in statutes of limitations, it’s important to understand that there are many different types of statutes of limitations that each state has, even though they all work in basically the same way.

Essentially, every statute of limitations is like a ticking clock. That clock begins once events take place that could lead to a lawsuit. These events are known as a cause of action. As soon as the cause of action transpires, the statutes of limitations clock begins ticking away. Once that clock reaches zero, you cannot file a lawsuit arising from that particular cause of action.

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Personal Injury Lawsuit Defenses – Technicalities

The idea of a legal technicality is something that a lot of people have heard about, but also one that is often hard to nail down. Basically, technicalities have to do with the requirements of filing a lawsuit, or the rules or laws that surround the lawsuit process that do not necessarily have to do with the facts that gave rise to the case. Just like with any other type of lawsuit, there are some technicalities that can serve as effective legal defenses in a personal injury case. Nevertheless, a ‘technicality’ can derail, or even terminate, your personal injury lawsuit, so let’s take a look at some of the most commonly used.

Statute of Limitations

One of the most common technicalities that people often run into in personal injury law situation is the statute of limitations. A statute is a law passed by a legislature and, as its name implies, a statute of limitations is a law that imposes limits on certain types of lawsuits. The kind of limits we are talking about involve the timing of when you file your claim.

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Commonly Asked Questions About Defamation

Posted on August 29, 2015

Commonly Asked Questions About Defamation

When most people think of personal injury laws, they don’t normally think of defamation. But defamation is very much a kind of personal injury. In defamation situations, it isn’t someone else’s negligent actions that have caused you a physical harm, but is instead someone else’s words that have caused harm to your reputation or good name.

We live in a social, interconnected society, and a harm to your reputation can be just as significant as suffering a personal injury that harms your ability to live your day-to-day life. Here are several questions many people commonly have about defamation, what it is, how it can affect you, and what you might be able to do about.

What is defamation?

Words can hurt people, and can do so in more ways than one. If someone intentionally or recklessly uses words that cause you severe emotional distress, you might be able to sue that person to recover damages for the emotional harm you suffered. Similarly, if someone uses words to harm your reputation or good name, you might also be able to sue that person on the basis of defamation.

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Commonly Asked Questions About Assault and Battery

Personal injury cases not only arise out of situations involving negligent actions, but also intentional actions, such as assault and battery. In an assault and battery personal injury case, one person intentionally threatens to harm, or actually does harm, someone else without the victim’s consent. When this happens, the victim can sue the person who intentionally inflicted the harm for assault, battery, or both. Assault and battery tort cases can be a little confusing to those who don’t have a legal background. So, to help clarify many of the issues involved and explain what an assault and battery case is all about, let’s take a look at some commonly asked questions.

What is an assault?

An assault is an intentional threat to commit violence against another person. When someone assaults someone else, the aggressor threatens the victim with physical bodily harm. This threat, or action, has to be intentional, and must not only be aimed at causing the victim to actually feel fear or apprehension of being hurt, but must also result in the victim experiencing that fear.

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Common Questions About Wrongful Death

Posted on August 13, 2015

Common Questions About Wrongful Death

In personal injury cases where someone dies, the family members and loved ones of that person often wonder if they can file a lawsuit. These types of cases are known as wrongful death lawsuits, and are a common kind of personal injury case. While every state has its own specific rules that govern wrongful death cases, there are a number of common questions that many people have about these types of situations. Today, we’re going to take a look at some common questions surrounding wrongful death.

What is wrongful death?

Wrongful death is the legal term that describes the death of someone that results from someone else’s wrongdoing, negligence, or intentional action. In a wrongful death case, the person who has died can obviously not file a lawsuit him or herself. Instead, that person’s spouse, parents, children, or even other family members can file a lawsuit for wrongful death.

Is a wrongful death claim the same as murder?

It’s easy to confuse wrongful death lawsuits with murder, or other types of crimes, because both types of situations involve someone dying as a result of someone else’s actions. When you are talking about a wrongful death claim, however, it’s important to understand that this is a civil lawsuit, not a criminal case. Even though the person responsible for the death of someone might be criminally liable for the actions that caused the death, a wrongful death case is not the same thing as a criminal charge.

For example, let’s say that your spouse is killed after being hit by a drunk driver. Even if prosecutors choose not to file criminal charges against the driver, you can still file a wrongful death lawsuit against that person.

Further, if you file a wrongful death lawsuit against the driver and win, that driver will not face prison or jail because of your lawsuit. Instead, the only thing the judge in a civil lawsuit can do is to order the driver to pay monetary damages.

What are damages in a wrongful death lawsuit?

In any civil lawsuit, the person filing the lawsuit is asking a court to order the wrongdoer to pay compensation for the damage the wrongdoer caused. In wrongful death cases, these damages can arise for many reasons. For example, if it was your spouse who was killed, you can ask the court to award damages for the lost income and financial support your spouse would have provided had he or she remained alive. In addition to economic damages, wrongful death cases can also involve damages for pain and suffering, loss of companionship or affection, and loss of consortium (sexual relations) for the spouse of the deceased person.

What do I need to do to win a wrongful death lawsuit?

There is no single way to answer this type of question. Any wrongful death lawsuit must be filed in accordance with the laws of the state in which you live. There are many procedural and substantive rules that apply to these kinds of cases, and only an experienced personal injury lawyer in your area can give you advice about any wrongful death lawsuit you might wish to pursue.

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What Does The Average Personal Injury Case Look Like?

For many people who have never had to file a lawsuit or even talk to a lawyer, the idea that you’ll have to sue somebody after you suffer a personal injury can be remarkably stressful. Few people enjoy conflict, and the thought of fighting in court to recover money for your injuries can be enough to stop you from ever reaching out for assistance in the first place.

Unfortunately, a lot of people operate under some significant misconceptions when it comes to the personal injury lawsuit process. The process itself is often far less stressful than many people initially believe it to be. To help dispel some of these common misconceptions, let’s look at how the average personal injury lawsuit works, and what it requires.

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State Legal Differences in Dog Bite Cases

Because we have been looking at a variety of personal injury issues that state laws treat very differently, we thought it would be a good idea to talk about dog bite cases. Like many other personal injury and medical malpractice issues, state laws look at dog bite cases, and injuries caused by animals, in different ways. Today we are going to examine some key differences in how state laws approach dog bite cases.

One Bite States

Traditionally, states treated the issue of dog bites under the so-called “one bite” rule. This effectively gave dog owners protections from their animals causing damage to others, but also gave those who were injured grounds to recover for their injuries from known dangerous dogs. The one bite rule effectively said that an owner is not liable for the damages caused by his or her dog when the dog first bites someone. After the first bite, it’s the owner’s responsibility to make sure the dog doesn’t bite anyone, and if it does, it’s the owner’s responsibility to pay for any damages caused by the animal. Today, only about 15 states still operate under this one bite rule.

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Frequently Asked Questions About the Jones Act – Part 2

In our previous post on the Jones Act, we looked at some commonly asked questions people have about this important personal injury law. The Jones Act applies to maritime workers, or seamen, who suffered injuries as a result of the negligence of their employers. While you should always bring your specific questions to an experienced personal injury attorney, we thought we would take a look at some additional questions that many people have about the Jones Act, how it works, and how it can help you.

What is negligence under the Jones Act?

The Jones Act applies to situations that involve employer negligence in a maritime setting. This essentially means that, in order to recover injuries sustained by a seamen, that seamen has to show that the employer failed to use the requisite care to prevent such injuries from occurring.

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Frequently Asked Questions About the Jones Act – Part 1

When people who work on ocean-going vessels, fishing boats, or other maritime craft get injured, they often speak with a personal injury attorney about the possibility of recovering money for their injuries. In many cases, people injured in maritime accidents can recover compensation under the terms of the Jones Act. The Jones Act is a specific law that applies to personal injuries that arise in maritime situations. Today, we’re going to take a closer look at the Jones Act, what it does, who it covers, and how it works by looking at some frequently asked questions.

What is the Jones Act?

The Jones Act, also referred to as the Merchant Marine Act of 1920, is a federal law that covers negligent claims that arise out of maritime situations. When a sailor, mechanic, steward, captain, ship’s crewmember, or other maritime worker suffers an injury in the course of his or her duties as a result of an employer’s negligence, that maritime worker can recover compensation for his or her injuries.

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