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expertise in dealing with all personal injury
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quality of competent legal representation. If
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attorney, contact us today at (800) 475-6068 or
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Class
Action Lawsuits | Elder
Abuse Cases | Malpractice
law
Serious Personal Injury | Tort
Law
Class Action Suits
This is a lawsuit filed by one or more people
representing the interests of an entire class
of people in litigation "who are similarly
situated." Examples might include: all women
who have suffered from defective contraceptive
devices or breast implants, all those overcharged
by a public utility during a particular period,
or all those who were underpaid by an employer
in violation of the Fair
Labor Standards Act. If a class action is
successful, a period of time is given for those
who can prove they fit the class to file claims
to participate in the judgment amount. Class actions
are difficult and expensive to file and follow
through, but the results can be helpful to people
who could not afford to carry a suit alone. They
can force businesses that have caused broad damage
to change their practices and/or pay for damages.
They often result in high fees for the winning
attorneys, although often attorneys do not collect
a fee at the beginning of a class action suit
but might charge a contingent fee (such as one-third
of the final judgment), which, occasionally, can
be millions of dollars. Such fees usually require
court approval.
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Elder Abuse Law
- Physical abuse
- Neglect
- Abandonment
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Malpractice Law
Malpractice is an act or by
a professional who does not meet the standard
of professional competence and results in attestable
damages to his/her client or patient. Such an
error may be carried out through carelessness,
lack of knowledge, or deliberate wrongdoing. However,
malpractice does not include the exercise of professional
judgment even when the results are harmful to
the client or patient. Except in cases of extremely
obvious or intentional wrongs, in order to prove
malpractice there must be testimony of an expert
as to the acceptable standard of care applied
to the specific act or conduct which is claimed
to be malpractice and testimony of the expert
that the professional did not meet that standard.
The defendant then can produce his/her own expert
to counter that testimony. In actions against
attorneys it is mandatory that the plaintiff prove
that the error, if any, caused damages. This means
that a lawsuit, claim or negotiation the attorney
was handling would have resulted in a win or better
recovery except for the malpractice.
Plastic
surgery malpractice is an act or by a professional
who does not meet the standards of professional
competence as established by the American Board
of Plastic Surgery and results in attestable damages
to his/her client or patient. Such an error may
be carried out through carelessness, lack of knowledge,
or deliberate wrongdoing.
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Serious Personal Injury Law
Personal injury refers to the
area of law that aimed at protecting individuals
who are hurt by the action or inaction of another
person or entity. A personal injury claim can
be filed for injury sustained by an individual
either physically or mentally, and it can sometimes
include damage to property. In certain situations
a person may bring a personal injury lawsuit on
behalf of a loved one. Personal injury lawyers
seek to win compensation for their clients.
There are two factors present in every personal
injury case: liability and damages. The first
involves indicating that the person or entity
being charged did in fact bear legal responsibility
for the injury. Damages, refers to the extent
or amount of injury or loss that was supposedly
experienced on account of the defendant's actions.
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Tort Law
A tort is a civil wrong or wrongful
act, whether intentional or accidental, from which
injury occurs to another. Torts include all negligence
cases as well as intentional wrongs which result
in harm. Some intentional torts may also be crimes,
such as assault, battery, wrongful death, fraud,
conversion (a euphemism for theft) and trespass
on property and form the basis for a lawsuit for
damages by the injured party. Defamation, including
intentionally telling harmful untruths about another-either
by print or broadcast (libel) or orally (slander)-is
a tort and used to be a crime as well.