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Personal Injury-Damages

Posted by on Jan 25, 2016 in Personal Injury | Comments Off on Personal Injury-Damages

Filing a personal injury case is just first step towards the damages you might get at the end. Hiring an attorney should happen before that, and once you have chosen good attorney you should not sit back and wait for money. You will not get it that way. Talking to your attorney to determine what kind of claims for damages you should seek is florida_personal_injury_damages_attorneys_2important step in the case. There are different kinds of damages and you will not be able to claim damages for all of them, so be careful when you claim injuries. If you need more information you can ask orlando Wrongful death attorney.

    • If there are injuries to your personal property then there are two ways you can get damages for it. First type of damage claim is difference between market value of the property before and after the injury. In the case in which that property is destroyed then full market price will be compensated to you.
    • Similar is done to injury to your real estate. But in the case of real estate damages can be gained for prospective losses that are caused by the injury. If that injury causes losses in the future then those losses are subject to the compensation as well.
    • All earnings you have lost and earnings you will lose due to the injury are compensated. Future losses are calculated through the size of wages you have received before and estimated time you will be unable to work.
    • Consortium is defined by consistency in providing service and sexual relations. If the injury caused loss in either of them then you can claim loss of consortium and demand compensation on the base of that claim.
  • Wrongful death is new addition to the law. In past it was better to cause death than to cause injuries to the victim because there was no law that would demand monetary reparations in the case of death. But , now law demands compensation for wrongful death caused by accident. Money received from that compensation is used for funeral and other expenses around that, and the leftover is given to descendants of the victim. These damages can’t be claimed by creditors the victim had.personal-injury
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Personal Injury-Damage claims

Posted by on Jan 25, 2016 in Personal Injury | Comments Off on Personal Injury-Damage claims

Personal injuries are one of the most common cases on the courts. Once you suffer an injury caused by intention or negligence from other party it is totally logical to deny compensation and claim dangers for the injury you have sustained.  When you need help necessary call bronx Car accident attorney. There are many different types of causes you can claim damages for and this article will list some of them:

– Prejudgment interest is used to compensate any loss through the cash since the victim will suffer due to injury. But
prejudgment interest is also used to punish the defendant. That punishment means that the defendant will be stopped from enriching himself on the ground of victim being injured.

– Punitive damages are used a punishment for unlawful conduct of the defendant, and in order to prevent repetition of such actions. The size of punitive damages is determined by the degree of enormity of the offense made by defendant. These damages must be connected to compensation for the injury.

Punitive damages have other factors that determine the amount of Increases-in-Auto-Insurance-Premiums-Following-a-Personal-Injury-Property-Damage-Claimmoney that the defendant must pay. If the defendant has profited from the action then the punitive damages will be higher. The size of punitive damages is decided by the wealth of the defendant, poor defendants will have small punitive damages, while rich defendants will have enormous punitive damages to pay. There is point to make the defendant feel the loss of money through punitive damages and to make them reconsider repeating the actions that led to the injury.

– Emotional distress which the victim suffers due to the action of the 16_9210318109.jpgdefendant makes the defendant liable for tort and the victim can claim compensation for that distress. These damages are found through mental examination by the hands of professional. For example a bystander in an accident has low chance of suffering emotional distress due to the death of driver, while passenger in that car has much greater chances for emotional distress.

– Any form of economic loss caused by the injury is subject for monetary compensation. This loss includes both the loss in the present and loss in the future.

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Personal Injury-Intentional Tort

Posted by on Jan 25, 2016 in Personal Injury | Comments Off on Personal Injury-Intentional Tort

Intentional torts are limited to several acts, and they are not limited to only battery, assault, false imprisonment and trespassing. There are several less known acts that are considered as intentional tort: conversion, fraud, invasion of privacy, defamation with actual malice and infliction of emotional distress which is done with intention to do so.

imagesIntentional tort is not limited to intent to harm the suspect, there is wider area of intentional tort which explores the nature of intent. For example, if a defendant has performed dangerous actions while knowing that it might bring harm to someone he is guilty of intentional tort. If his actions carries even substantuially certain chance of harm then it will be regarded as intent to do the harm. If the certainty of harm was small then the defendant will be guilty of negligence and recklessness which also falls under tort law.

Then there Is the question of transferred intent. It means that the defendant will be guilty for intentional tort even a5d4f198fded9cb59bd26dcfd05bfee0though he didn’t intent to harm the victim, but he had intention to harm another person by his act. In that case intention is transferred from the person that should have been victim to the victim and defendant is liable for intentional tort.

Vicarious liability in intentional tort means that the employer is liable for intentional tort if his employee caused harm to the victim. But this is only in the case in which the employee followed the instructions from his employer.

Defense in intentional tort cases is similar to other defenses in tort cases. If there is a consent from the victim in doing dangerous actions which caused him harm then the defendant is not liable for intentional tort, but he will be partially liable for negligence or carelessness. As you can see this part of tort law is complicated due to large amount of factors that are included. For more information you can contact  los angeles Wrongful death lawyer.

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