Month: August 2021

What Does Liability Actually Mean?

Legal liability can be defined as the fault or responsibility for the enforced law. For instance, for contracts cases, liability might be the fact that you did not fulfill some sort of contractual promise when performing a service. When you do not meet legal responsibility requirements, you are said to be responsible or liable for consequences. Usually, determining liability is something that has to be proven in criminal cases or lawsuits. 

Civil Cases And Liability

According to https://www.rhllaw.com/, civil complaint liabilities (commonly referred to as torts) can easily be divided into some categories, like intentional acts against the property of an individual, strict liability, and unintentional negligence acts. During a civil case, there are lower proof standards than during criminal cases. Reasonable doubt is not a thing that is used. Instead, the plaintiff simply has to prove the fact that there is a higher possibility that a defendant is guilty than not guilty. 

Battery

In regular battery cases, plaintiffs have to prove several elements when they want to show liability. This includes the fact that the defendant did something with an intent to cause offense or harm. Also, the act should have led to contact. This contact had to happen against the physical person of the plaintiff. However, in such cases, it is possible that interpretations are broader. 

When the plaintiff convinces a jury or a judge that there is a higher possibility that the incident happened than that it did not happen, the defendant is considered to be liable. Damages will then need to be paid for all damages caused by the battery. 

Trespassing

In trespassing cases, the plaintiff simply needs to prove the fact that a trespasser intentionally entered the land of the plaintiff and that permission did not exist. 

In most US jurisdictions, intent is all about the intention to be present on your land. Basically, if you walk onto the property of someone but you thought it was of someone else, it does not matter. You are still liable for trespassing. This is true even when you do not do any harm. 

Negligence

Various types of negligence exist these days and not all will apply to your case. Generally speaking, negligence is defined as behavior capable of creating unnecessary, foreseeable risks that will harm the property or the person of someone else. For instance, when you are speeding and you crash into another vehicle, it can be negligence. This applies even if you did not want to hit someone else. 

Courts use several strategies when they determine liability. For negligence cases, the important thing is comparing the actions of the defendant with actions that would be considered normal, according to what most other people would do in the exact same situation. 

Getting Help From A Lawyer

Regardless of what happens, whenever liability is questioned for anything, the best thing you can do is to hire an attorney to help you. Just make sure you find one with a lot of experience in the type

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5 Important Questions to Ask Your Personal Injury Lawyer

If you’ve had an accident in the workplace, been in a car crash, or had a slip and fall in a public setting, one of the first things you must do is seek legal advice. When filing a personal injury claim, you may be filled with anxiety and stress about what lies ahead, meaning you must pick a lawyer who is reputable, reliable, and trustworthy. 

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All personal injury lawyers will offer initial consultations to clients to give you a better idea of how they can help you. Therefore, arming yourself with questions to ask in advance will fill you with confidence and ensure you’ve made the right decision. With that in mind, here are five important questions you should ask.

What Are Your Fees?

When searching for Las Vegas personal injury lawyers, one of the most important factors you need to take into account is the fees. Each lawyer will differ in terms of what they charge. You’ll find most personal injury attorneys work on a contingency fee basis, meaning you won’t have to pay any money unless you recover money damages in your settlement. Should you receive compensation, your personal injury lawyer will usually take a cut of it which is normally between 25% and 40%. 

Have You Handled Similar Cases to Mine?

Understandably, you’ll want to find a personal injury lawyer who has extensive experience in handling similar cases to yours. Whether you’ve had a slip and fall in the office or been involved in a car accident, knowing your lawyer has assisted similar clients and won their case will give you more confidence. 

How Much Time Can You Dedicate to My Case?

When you think about the fees you could be potentially handing over to your personal injury lawyer, you’ll want to know they’ve done everything they can to help win your case. All reputable personal injury lawyers will possess excellent time management skills. This means they’ll understand the importance of prioritizing and put your needs first. If your lawyer is handling multiple cases at once, they will simply not have the time and resources to focus solely on you. 

How Long Will the Process Take?

There are many factors that can influence how long your case will take to reach a settlement such as the injuries you’ve sustained and the nature of the accident. All reputable personal injury lawyers should give you a rough estimate of the duration, meaning you can have some kind of idea of what to expect going forward. Some cases can last for several years, so you must bear this in mind from the start.

Can I Speak to a Past Client?

To ensure you’ve chosen the right personal injury lawyer, it’s wise to look at their testimonials and speak to past clients. Any respected attorney will proudly display their testimonials on their website which can give you an honest insight into how they operate and what they can do to strengthen your case.

When going for

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How Can Facebook Mess Up A Personal Injury Claim?

One of the really interesting things about the personal injury cases we handle in Scranton is that victims often do not understand the fact that defending lawyers can so easily go online to check Facebook profiles, just like profiles on all other social sites. So many are fascinated with sharing their personal life on the internet. Lawyers understand this and can take advantage of what you post on social networks.

What you might not be aware of is that defendant lawyers actually check social media profiles early in their investigation. This is one of the first things to do because so many of those that file personal injury claims make mistakes and share things they should not.

The huge problem is that the statements you provide on the internet can prove the fact that you did or do something you should not. You might even end up showing people how you played a part in the accident, all without even realizing that you did this. Insurance companies can easily use your statements to deny you a personal injury claim and investigators will use absolutely all tricks in the book to help the carriers.

Misdirection And Misleading Statements

When you survive an accident in which you or someone you love was injured, what you write on the internet can provide some details that could look like they are misleading the damage that was caused.

In many cases, you do not want to plague your friends and family with the actual details of the accident. This is why you might play things down on social media. Those posts you make can then be used by the insurance companies to prove that you did not suffer injuries that were as serious as you initially declared. Also, some other statements you make might be used to create doubt as to what actually happened.

What Should You Do?

If you were involved in an accident and were injured because of the actions of someone else, the most important thing at the end of the day is always to get treated. Then, you need to hire a personal injury attorney that is capable of offering you advice about what you should do to make your claim a success.

When it comes to social media, the best rule of thumb to respect is to simply not post anything. This is a lot better than posting something that could incriminate you later. If you do want to post something, make sure it is approved by your attorney.

Do not blindly believe that you can simply use Facebook’s privacy settings to hide messages so that other people do not see it except your friends and family. This is not something that works. Lawyers are masters at finding information. Once you posted something on the internet, there is a very good possibility they will find it.

Always respect what your personal injury attorney tells you and be sure that you do not post something on social media without their approval. …

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Liability In Multi-Vehicle Traffic Accidents

When we drive, we need to do everything we can in order to avoid traffic accidents. Unfortunately, no matter what we do, there is always the possibility we will be involved in a collision because of the mistakes of someone else. You might not be aware of this but multi-vehicle accidents happen way more often than you might think. They are really complex and require specific steps to be taken. 

What Is A Multi-Vehicle Traffic Accident?

The multi-vehicle traffic accident is defined as a collision involving at least three vehicles. When the accident happens on the freeway, the term used is “pile-up”. Multi-vehicle accidents can be seen in various cases, including:

  • Head-on collisions
  • Rear-end collisions
  • Lane change crashes
  • Intersection crashes
  • Freeware pile-ups

The most common incident happening is the rear-end collision. Such an accident is usually very easy to handle since the investigation is usually very fast. The party at fault is very easy to be determined. However, in other cases, this is not at all easy to do. 

After The Multi-Vehicle Accident

It is important to know what to do after the multi-vehicle accident. For starters, you need to check on yourself and the other people in your car. Then, do so for all others that might be injured. After you do this, it is time to remove yourself from any danger and then call 911. Do not rely on others to do this. 

Try to exchange information with everyone involved in the collision. This might turn out to be quite complicated if several cars and trucks were hit. In this case, you need the help of the authorities. 

Discovering Liability

The person or party that is liable is the one that is considered to be responsible for the accident. It can be tricky to find out exactly who the liable party is. And, in order to highlight why things are more complex, several people can be considered liable. 

In most cases, the very first driver who rear-ends a vehicle is considered to be responsible. Every single driver is considered to be responsible to some extent when causing accidents. Basically, drivers need to avoid accidents. Even so, the party that started the car accident will pay the price. 

Witness reports and car damage helps investigators to figure out the fault in most multiple-vehicle accidents. Sometimes, a full investigation is needed. In others, the process is so much faster. 

Working With A Car Accident Lawyer

If you are involved in any car accident, it is important to find an experienced personal injury attorney to help you out. This is especially the case when involved in multi-vehicle accidents. Without proper representation, it is a certainty that you will be taken advantage of by all the other parties involved. 

When you want to file a personal injury claim because you were injured or you want to get compensated for property damage, you need to follow some specific steps. A failure to do this will lead to the unwanted situation in

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