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Can The Results Of A Personal Injury Case Include Jail Time?

Posted by on Dec 2, 2014 in Uncategorized | 0 comments

The legal process of a personal injury case is daunting. Even though you are working with a personal injury attorney who handles these types of cases on a daily basis, it may not do much in terms of alleviating your concerns. One question looming on a lot of people’s minds is whether or not there is any risk of jail time. In order to answer this question, it helps to look at legal concepts revolving around personal injury cases: Criminal or Civil Law? The most important thing to keep in mind about personal injury cases is they fall under the category of civil law. It is only when a case is a matter of criminal law that you should be concerned about jail time. Understanding Personal Injury Lawsuits When you sue someone for a personal injury, what you are really asking is for the court to determine whether they think the other person harmed you. The purpose of your lawsuit is to claim compensation in the form of money to pay for the damages the personal injury caused you. These damages can include unpaid bills, medical bills, and missed wages. Naturally, this means if you are the person being sued you are being asked to pay damages to the person you injured. Criminal Liability to Personal Injuries Despite the fact that personal injuries cases involve both pain and suffering, they are not even close to being the same as a criminal case. During a criminal case, an individual is being accused by the government for doing something wrong. This just means you do not have the right to charge someone for a crime even if you feel like your personal injury was caused by criminal activity. Only a prosecutor can decide to press criminal charges. If criminal charges are pressed, it would be an entirely different case. What Kind of Case Do You Have? How do you know whether or not your case is a criminal or civil issue? How do you know if you were the victim of a personal injury or a criminal offense? These are questions best answered by consulting with a lawyer. If you were injured in an accident that was not your fault, you could have a personal injury case worth pursuing. The best thing you can do is contact a personal injury lawyer to go over what happened and how much of a financial loss it cost you. Need more help? Contact a firm like Law Office of Michael Braun to find out...

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Defective Product: Who To Sue If You Get Sick From Bad Sushi

Posted by on Dec 2, 2014 in Uncategorized | 0 comments

It’s a common occurrence. You decide to have a night out with friends after work. So you decide to hit that new sushi joint that just opened up. After a fun night with friends, you get home and realize that you have become ill. If you have contracted a serious illness because of the badly-handled sushi you ate, you may be entitled to compensation. One of the most important aspects of a lawsuit will be figuring out who is responsible for the bad sushi. Chain Of Distribution When you file a defective product lawsuit, it’s important to know what parties were involved in the preparation of the product. In this case, you will need to identify each party who had a hand in creating the bad sushi. The chain of distribution can be described as the line of companies that are involved in getting the sushi onto your plate. These companies include the manufacturer of the fish product, the companies who transported the product, and the restaurant who served it to you. Fish Manufacturer The first entity in the chain is the company who was responsible for handling the fish when it was first harvested. Their responsibility is to keep the fish sanitary and to inspect the fish to make sure that it has not become rotten. If the manufacturer failed to do this, it could be the reason you became sick. In this case, the fish manufacturer could be named as one of the defendants in your lawsuit. Distributors The distributor is the company that is responsible for transporting the fish from the manufacturer to the restaurant. They are also responsible for inspecting the product and making sure it is safe. Of course, it is also possible that the fish manufacturer did their job correctly and kept the fish sanitary. It is likely that the fish could have gone bad in transit if the distributor did not do their part to keep the fish clean and sanitary along the way. If this is what happened, the distributor could be held liable as well. Restaurant The last stop your food takes before it gets to your plate is the restaurant. The restaurant staff is responsible for doing their part to make sure that the food they receive from the distributor is safe. If they allow a bad piece of food to get cooked and served to patrons, they could be responsible for any potential illnesses. Additionally, if the illness occurred because of the way the food was prepared, the restaurant could be held liable as well. If you have become seriously ill because of the bad sushi you ate, you need to identify all responsible parties. Consult with a personal injury attorney who can help you through this...

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Premises Liability: Christmas Shopping Escapade

Posted by on Dec 2, 2014 in Uncategorized | 0 comments

It happens every year. Crazed Christmas shoppers swarm the malls in order to do their Christmas shopping. Amidst the chaos and confusion, someone inevitably gets injured during the mad dash to get the right gifts for their families. If this has happened to you, it may be because of the negligence of the mall or the store you were shopping in. This article will discuss premises liability and help you figure out whether or not you have a potential claim against the store. Responsibility Of The Owner The company that owns the mall is required by law to take all reasonable precautions to protect the visitors that enter the property. This means that they are responsible for the safety of the shoppers. This means making sure that they create a safe environment for shoppers to go about their normal shopping. It includes making sure that the premises are in good repair, maintaining security, and giving fair warning about possible hazards. If the owner of the mall failed to maintain a safe shopping facility and you were injured as a result, you may have a valid claim for compensation. Compensation can include various categories of damages. Responsibility Of The Injured Party While the owner of the mall is responsible for taking appropriate measures to ensure the safety of its patrons, the visitors can also be responsible for the safety of others. If someone engages in reckless behavior that threatens the safety of others as well as their own safety, they will not be able to mount a successful lawsuit. As a matter of fact, they may be held partially liable for the injuries of others as well. An example of this would be if you became injured by another shopper while fighting for the same toy. Not only would the owners of the mall be held liable (for not providing adequate security), but the other shopper could be named in your lawsuit as well. If you are not able to identify the other shopper, you may have to name a “John Doe” defendant in your suit until you can discover their identity. Status Of The Visitor Another important aspect of premises liability is the status of the visitor. In the eyes of the law, visitors are grouped into three categories: Invitees: Invitees are people who are invited onto the premises. They can be customers, maintenance professionals, and employees. Licensees: A licensee is a visitor who is not invited onto the premises, but is allowed to be there. This can include people conducting business or salespeople. Trespassers: Trespassers are visitors who are not invited or given permission to be on the premises. They are there illegally. If you fall into the first two categories of visitors, then the owner of the mall is responsible for your safety. However, if you sneak onto the premises at night and become injured while trying to rob a store, you are a trespasser. This means that the owner is not responsible for maintaining your safety. If you have been injured in an incident due to the negligence of the owner of the mall, then you may be entitled to compensation. Consult with an experienced personal injury firm, such as Schlicter & Schonack LLP, who can help you win your...

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