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Showing 1 to 25 of 123 Articles matching 'Plaintiff' in related articles.

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1. Lawsuit Settlement Funding Provides Plaintiff's and Defendants with the Upper Hand November 20, 2009 If you have never had to go up against a legal counsel that has more man power, more money, and more time on their hands, then consider yourself lucky. So many times to people find themselves going up against companies and other people who have large sums of money that can afford to invest their time and money into trying to gaining the upper hand in a legal proceeding, however this no longer has to occur. Lawsuit Settlement Funding allows defendants and plaintiffs who are low on cash to gain the upper hand as well. Too many times do people have to take a smaller settlement and ultimately the ... (read more) Author: steven clark

2. Getting A Grasp of A Motion for Summary Judgment November 12, 2009 Civil lawsuits are set up with a procedure that creates potential ending points before trial. Put another way, the defendant can win without going to trial if certain moments fall there way. One of the procedures for achieving this is the Motion for Summary Judgment. Let’s start with a quick caveat. This motion is handled differently by state and, in some states, actually has other names. Regardless, every state offers some version of it and I’ll cover the basic idea of what it is and how to prevail. The “MSJ” usually is allowed near the end of discovery in a lawsuit. The discover ... (read more) Author: Thomas Ajava

3. Wrongful Death and Punitive Damage Claims November 05, 2009 A wrongful death action sounds like something that would constitute a criminal case. Alas, it does not. It is a civil action. This means that a jury or judge finding in favor of the plaintiff would render an award of monetary damages in most cases. That doesn't mean, however, that punishment isn’t dealt out as well. In civil litigation, it comes in the form of punitive damages. To win any civil lawsuit, you need to show the element of damages. If a person slanders you by screaming untold curses that are not true, it really doesn't matter if they do it in the middle of the Sahara where no... (read more) Author: Thomas Ajava

4. Civil Litigation - Jury Versus Bench Trials November 05, 2009 The civil court system is based on the rule of law. The application of that rule of law to individual cases can be done in one of two ways, through a bench trial or through a jury trial. In this article, we take a look at both. You have the right to a trial before your peers. This is a statement we all learn in civics class and hold dear to our heart. It is also absolutely true in a criminal case. Why? Because a criminal case involves the state trying to take away your liberty, i.e., put you in jail. Ah, but what about civil lawsuits where the government is not prosecuting the case? Well... (read more) Author: Thomas Ajava

5. Trespass: How good people can unknowingly be breaking the law November 05, 2009 In Yeidling v Riley, Plaintiff Yeidling was looking for campus housing and wanted to know the current status of the defendants property. As he entered the defendants property to inquire its current housing status, he stepped on a concrete cylinder on the ground and fell. The plaintiff held that he was classified as an invitee and hence demanded compensation from the landowner while the defendant claimed that the plaintiff was a trespasser and hence the landowner should not be held liable for the plaintiffs criminal actions. 705 So. 2d 426 (Ala. Civ. App. 1997) What is a Trespasser? A perso... (read more) Author: Sam Cadbury

6. Creating a Crisis Deliberately November 02, 2009 A small businessman is suing a huge manufacturer that wronged him, but the manufacturer is hiding behind a wall of attorneys while continuing to make profits from its actions against the plaintiff. A loved one goes missing in the South Pacific and the distraught family can't get law enforcement authorities in the U.S. or overseas to make an investigation a high priority. A group of retirees from a single firm have filed suit against the takeover expert who acquired their company and, from their perspective, cheated them out of certain retirement benefits. A tiny environmental group with ... (read more) Author: Jonathan Bernstein

7. Pro Se Litigation Information November 02, 2009 "Pro se" is a Latin term meaning "for oneself". Pro se litigants are people who represent themselves in court, both in criminal and civil proceedings, and both as plaintiff and defendant. Of course, we commonly see this on television programs such as Judge Judy and Judge Hatchett. But there are people all over the country who represent themselves in court. In fact, over 25% of actions filed in the US Federal Court system in 2007 were from pro se litigants. Pro se litigation is used for all sorts of cases. If you are charging an ex with stealing your money, or defending your rights in a di... (read more) Author: Amanda Yanik

8. What a Wrongful Death Lawsuit Will and Will Not Do For You November 01, 2009 The filing of a wrongful death lawsuit is a tough occurrence for both the plaintiff and defendant in the case. How so? Well, nobody likes being sued and the plaintiff is doing so only because someone very close to them passed away. A wrongful death suit is pretty much what it sounds like. The plaintiff asserts that the defendant had a duty to act in a particular way, failed to do so and such failure caused the death of a person. If proven by the plaintiff, these cases tend to end up with very large jury verdicts because the nature of the damages associated with losing a loved one are unde... (read more) Author: Thomas Ajava

9. Personal Injury Damages October 26, 2009 The most significant issue to most people involved in a personal injury claim is the issue of damages. When a judge or jury finds a defendant liable for wrongful conduct in a personal injury case, the issue then becomes what types of damages are due to the plaintiff, and in what amount. If you suffer a personal injury you’ll likely require costly medical attention and possibly rehabilitation. You may lose income and/or use up available sick/vacation time because of the injury, and you may continue to lose income while treatment and recovery takes place. Your vehicle may have been damaged ... (read more) Author: Carolyn Ria

10. Can I Fight My Own Personal Injury Case? October 13, 2009 Most personal injury lawyers work on a contingency fee basis. That means they take a part of whatever monetary damages are awarded to the plaintiff. This can range from 25% to 45%, but most lawyers take 33% of the payout on average. Many people ask themselves if they can fight their own case and cut out the middle man. Charles Flaxman, a lawyer at the south-Florida based Flaxman Law Group, has been fighting personal injury cases for over 37 years, we asked him to weigh in on representing yourself in a personal injury case. Yes, you can technically fight your own case. And I can technical... (read more) Author: Priyank Saxena

11. How to Calculate Lost Wages in Personal Injury Lawsuits October 13, 2009 In a personal injury lawsuit, the plaintiff seeks damages from the defendant for medical bills, pain and suffering, loss of ability to enjoy life and lost wages into the future. Depending on the job and type of injury, the amount of money rewarded for lost wages can vary vastly. Personal injury lawyer, Charles Flaxman, a lawyer at Flaxman Law Group based in south Florida, sheds some light on how to calculate lost wages. Lost wages in the past and, even more so, in the future, are sometimes tough to quantify, but there are ways and means which we have developed to attempt to do exactly th... (read more) Author: Priyank Saxena

12. How Much is My Personal Injury Case Worth? October 13, 2009 Charles Flaxman, a lawyer at Flaxman Law Group, has been fighting personal injury cases for over 37 years. While he admits that putting a price tag on an accident is certainly more of an art than a science, in this article he tries to explain how lawyers figure out exactly how much to sue for. How much should we sue for? When it comes to determining the value of a case, the numbers are not as hard and fast as we might like to think. For this reason, in addition to many others, it is important to hire an experienced and qualified personal injury lawyer. Perhaps surprisingly, very often t... (read more) Author: Priyank Saxena

13. How to Prove Pain October 13, 2009 In a personal injury lawsuit, a plaintiff can collect damages on pain and suffering that they have experienced because of the negligence of another. But how does one put a price tag on pain? And how do you prove it? Charles Flaxman, a lawyer at Flaxman Law Group, explains perhaps the trickiest aspect of personal injury law. There really is no correct answer to this question. Doctors only know how much pain a patient is in based on what they tell them. The common test for a doctor is simply to ask the patient to give them a level of one to 10. While medical bills and loss of job are ... (read more) Author: Priyank Saxena

14. Types of Legal Damages October 12, 2009 Compensatory damages Compensatory damages are derived from the word “compensate,” meaning “to make up for” or “to make whole.” Generally, these damages can be broken up into two sub-categories actual damages and general damages. Actual damages seek to reimburse a plaintiff for out-of-pocket expenses incurred or financial losses sustained. Actual damages typically include: Cost of rental car or substitute transportationCost to replace or repair damaged propertyMedical and hospitalization bills incurred to treat your injuriesWages lost due to work missed while you recuperateCosts of ho... (read more) Author: Carolyn Ria

15. Medical Malpractice - Damages October 02, 2009 There are two types of damages available in a negligence medical malpractice case, compensatory damages and punitive damages. Compensatory damages Compensatory damages are derived from the word “compensate,” meaning “to make up for” or “to make whole.” Generally, these damages can be broken up into two sub-categories actual damages and general damages. Actual damages seek to reimburse a plaintiff for out-of-pocket expenses incurred, or financial losses sustained. Actual damages typically include: Medical and hospitalization bills incurred to treat your injuries Wages lost due... (read more) Author: Lore Pelagia

16. Medical Malpractice - Damages October 02, 2009 There are two types of damages available in a negligence medical malpractice case, compensatory damages and punitive damages. Compensatory damages Compensatory damages are derived from the word “compensate,” meaning “to make up for” or “to make whole.” Generally, these damages can be broken up into two sub-categories actual damages and general damages. Actual damages seek to reimburse a plaintiff for out-of-pocket expenses incurred, or financial losses sustained. Actual damages typically include: Medical and hospitalization bills incurred to treat your injuries Wages lost due to ... (read more) Author: Jesse Gulistan

17. Seek Help From Miami Personal Injury lawyer September 17, 2009 When a person is injured due to the negligence by another party, then it is known as personal injury. And in this case you are in need of help from Miami personal injury lawyer. The lawyer usually helps the victim to claim right compensation due to the accident that may result emotional and physical damages. Usually the lawyer will established that the case is due to the negligence of another person in order to claim for the right compensation. Most of the time lawyer only accepts those cases that have serious damages on the plaintiff and consider minor damage as a waste of time. Most of... (read more) Author: Allison Ayson

18. How You Can Use a Pre-Structured Settlement Loan As an Investment Tool September 10, 2009 Injury lawsuits may take such a long time to settle, plaintiffs with plans to invest might want to apply for a pre-structured settlement loan before investment opportunities pass them by. A Pre-Structured Settlement is Not Only For Hardships Plaintiffs often think that a pre-structured settlement loan is only for those who are facing financial hardships; they are mistaken. It is possible for any plaintiff to use a lawsuit loan during his pending lawsuit as an investment tool. The plaintiff can use the money in various ways; however, like all other types of investment, there are risks... (read more) Author: Jose Carlo Noriega

19. Litigation Lawyers and Their Area of Practice August 27, 2009 Litigation lawyers take up civil lawsuits that are brought before courts involving two parties in which one is a complainant and the other is a defendant. The process of filing a lawsuit in a court of law is called litigation. The person who files the lawsuit is called complainant or plaintiff as he/she seeks legal remedy for the action of the defendant. Area of Sphere of Litigation Lawyers Litigation lawyers take up cases involving dispute resolution of private law, conflict between individuals, between business entities and non-profit organizations. They may even take up cases involvi... (read more) Author: Winston Jenkins

20. What Are Personal Injury Claim Structured Settlements? August 18, 2009 A structured settlement, in the most basic definition, is an arrangement made with a plaintiff in a personal injury lawsuit that allows the plaintiff to recover their judgment over a longer stretch of time instead of as a single lump sum payment. There are specific reasons why a structured settlement can be a very good option, and there are situations where a structured settlement probably isn’t worth it. First off, it’s important to understand the overall benefits of a structure settlement. With a structured settlement, you are not required to pay taxes on the disbursements. This avoids the ... (read more) Author: Jaffer Abbas

21. Litigation Malpractice - When Your Attorney Just Doesn't Cut It August 13, 2009 In a litigation malpractice case, the plaintiff sues his former attorney for poor or inadequate representation. The burden of proof is on the plaintiff and, specifically, the plaintiff has to show that he would have had a substantially better outcome in the case handled by the defendant lawyer if the defendant lawyer had not performed so inadequately. So, there is an element of causation that must be shown. Attorneys make mistakes - they are human, after all - but in a litigation malpractice case the mistake has to be the reason for the less than adequate outcome. In other words, no matt... (read more) Author: Gary Haiji

22. Maryland Mesothelioma Litigation and Lawyer Information-Impotant facts to know August 04, 2009 Maryland is one of the smallest states in the US and it ranks 16th amongst the states in the US for number of asbestos mesothelioma lawsuits filed. Maryland courts and legal system tend to favor the plaintiffs in the asbestos related suits, about 9 of twelve recent cases decided in favor of the plaintiff, and about 5 of them getting verdicts of 1 million dollars and above. Determination of Liability Courts in Maryland adopt a pure contributory negligence system to determine Liability. Under this system, a plaintiff is not allowed to get compensation if it is determined that they... (read more) Author: Bello Kamorudeen

23. Mesothelioma Settlement-Ford Motor Company ordered to pay $10 million Compensation August 03, 2009 On May 29, 2004, a Texas court found Ford Motor Company guilty of negligence and ordered the company to pay the sum of $ 10 million to the family of Carolyn Miller. The plaintiff from Dearborn, Michigan, died from mesothelioma in the year 2000 at age of 54 years as result of the asbestos she was exposed to when as child she was dusting and washing the work clothes of her father, John Roland, who worked at a Ford plant in Michigan from 1953-1964. John Roland used to work in the blast furnaces where he was constantly exposed to asbestos fibers which stuck to his work clothes which he t... (read more) Author: Bello Kamorudeen

24. Mesothelioma Lawsuits-Important facts for you to know August 03, 2009 Passing through an asbestos mesothelioma lawsuit is usually a very challenging experience for most victims of asbestos related diseases. They are faced with legal technicalities that they have very little knowledge about. They will need an experienced mesothelioma asbestos lawyer to carry them along and explain things to them in a very simple manner that they can understand, their lawyer should explain every stage of the legal process to them and should also endeavor to explain certain legal terms which they will be exposed to, to them.Some of these legal terms are: -Plaintiff and defenda... (read more) Author: Bello Kamorudeen

25. Mesothelioma Lawsuits- Looking at the Case Response Stage August 03, 2009 The second stage of a mesothelioma lawsuit typically is the response of the defendant to the lawsuit filed against them. The defendants in mesothelioma lawsuits are the asbestos companies responsible for exposing the victims to asbestos. The defendants are given around 30 days to respond and the plaintiff does not have to wait for ever. This is known as the case response stage of the lawsuit. The defendant is served court papers either by mailing the petition to the company or by contacting the people involved especially if the company has been declared bankrupt. Upon filing paperwor... (read more) Author: Bello Kamorudeen

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