So much is lost in Personal Injury Cases
By: clydebalsh | Posted: 11th August 2010
Medical malpractice cases are rather unusual in the fact they can be so dramatically different from one another in my past law experience - such as a case regarding a beautiful English woman and the damages done to her breasts by a plastic surgeon. When the time for the trial rolled around, the color photos I'd received simply didn't portray the serious extent of the damage inflicted on this poor woman's breasts. I petitioned the judge to allow me to display my client's naked breasts for the jury. I argued that in order to fully grasp this case they needed to see them. The judge said, "Yes," to my request and everyone, including the jury, proceeded into his chambers. The jury convened in his chambers as the plaintiff displayed the damage to them. This site teaches you about compensation lawyer.
However difficult a surgery might be for a plastic surgeon, there's no justification for the horrendous mess this surgeon made when he hacked and slashed at my client's chest. It is not uncommon for me to display actual injuries to jurors in order to fully expose them to the devastation suffered by the plaintiff. Having a jury view my client's breasts during this trial was probably the most sensational display that I've ever had to experience.
Tort is a term of art in the law that has no relationship to tart. The word is of French derivation, and means to wrench or turn awkwardly. I guess that fits well for victims of modern torts who end up being bent, bowed, broken or twisted in one way or another. In the modern parlance, tort really only means an injury that has been inflicted on the body or mind. Both personal injury matters and malpractice lawsuits against doctors or lawyers constitute torts. Routine experiences with the legal realm include drafting of a contract, an estate plan, the purchase of a home, or perhaps as a victim of a crime.
However, there will likely come a time in your life when you deal with a tort lawyer because you have had a run in with a rich man's car, or what have you. It may surprise you to find out you are able to hire one of the top tort lawyers available for the same price you pay for someone with the least experience. The way this is done is through a contingent fee arrangement, which is impermissible in England and Canada. Once you find an attorney you want to work with and he agrees to represent you, then you sign paperwork agreeing to give him between one-third and forty percent of the proceeds made from the case. If the lawyer fails to win the case, then you don't pay anything. As a person looking for compensation lawyers melbourne you should visit that site.
In many areas, the tort lawyer will be able to advance costs to cover what he needs and then recover this back from the settlement. The variety of torts depends on how original a person can be. Railroad accidents, boating mishaps, airline crashes, car wrecks, faulty products and many more are potential incarnations of the personal injury claim. Negligence is usually the main cause of most tort cases involving hospitals and doctors, no matter how unlikely they may appear at first glance.
Thus, anyone visiting a doctor in a growing number of jurisdictions is likely to receive a document and a request for a signature. This paper has a lot of language that means that you will not sue the doctor in court if anything happens, and will first try to arbitrate the case. Of course, some courts recognize these agreements and some don't, but the majority hold them to be invalid. If an arbitration agreement ends up cutting you off from your rights, chances are that this agreement is completely illegal.
Your right to a jury trial stays inviolate, so whatever the case is, you cannot be forced into arbitration. The Chief Justice of the Supreme Court from the year 1953 to 1969 gave a big push to criminal law cases at that time. A large assortment of old rights were reinstated, refined, and reconstituted, and are continued to be actively used in our society to this day. You'll find quite a few lawyers in the political arena as well as quite a few excellent forensically capable lawyers who have abandoned the courtroom for the political arena, like the US These individuals experience with the legal system has been felt in legislation throughout Congress.This article is free for republishing
Printed From: http://www.goinglegal.com/so-much-is-lost-in-personal-injury-cases-1694292.html
Back to the original article
Tags: devastation, rich man, derivation, plaintiff, plastic surgeon, wh, color photos, medical malpractice cases, jurors, tort, compensation lawyer