- Posted on
23rd February 2015
At your initial meeting with an attorney who specializes in personal injury subsequent to any accident, your attorney’s first question will be for you to recount the events of the accident while likely compiling various information from you. How long the first interview takes varies depending on the individual situation that caused your injuries.
In less complex cases such as vehicle accidents, the initial meeting will likely be fairly short provided you come to the meeting prepared. In more detailed cases such as in the instance of medical malpractice or injuries that result from using defective products, the first interview will generally be longer.
As you recount your accident to your attorney, he or she will likely ask you specific questions regarding the accident. Often, attorneys will listen intently while you complete a detailed story that recounts everything prior to questioning you. It’s difficult to tell to these stories as well as to answer questions about them, but bear in mind that your attorney must be informed of this vital information to be able to effectively assist you in finding the best solution for your case.
Your attorney will compile a variety of information regarding your accident and injury, including facts about your medical treatment, other parties involved in the accident, possible witnesses, and other relevant details. He or she will probably also talk to you about practical elements regarding your case such as a representation agreement, various kinds of of legal fees, and the types of expenses you can expect to result from your case.
Below are some examples of what to expect at an initial meeting with a personal injury lawyer at a Car Injury Law Firm.
The attorney may provide authorization releases for you to sign to obtain your medical records from your medical providers on your behalf. The attorney will inquire about all of your insurance coverage. The attorney will ask if you have communicated with any insurance adjustors and if you have, what you discussed and whether you provided a recorded oral or written statement regarding the accident or your injury.
The attorney will inquire if you were interviewed by anyone else regarding the accident or your injuries and if this is the case, with whom you communicated and a detailed account of what was discussed.
If the attorney cannot see visible injuries, he or she may ask about the present state of your injuries and what your prognosis might be.
The attorney may possibly advise you to consult a physician if you have any lasting physical symptoms or complaints. If you choose not to consult a physician and opt at a later time to a legal action regarding your injuries, the defendant has a possible argument that you are not seriously injured, because you didn’t visit a doctor, indicating there were no medical problems subsequent to the accident.
The attorney will deliberate on whether they want to take on your case and will subsequently make contact with you shortly after the initial meeting to talk about your legal choices as is a usual practice in personal injury cases. The attorney may also decline taking on your case for any number of reasons such as too weighty a caseload, specialties, their financial situation, or other responsibilities.
You may be informed that in the attorney’s opinion, you are not a good candidate for a winning case or any at all. Don’t be discouraged and definitely seek a second opinion from another attorney. The attorney may refer you to another lawyer if he or she cannot take on your case for some reason or when he or she thinks another lawyer can better represent you under the circumstances.
The attorney may request that you sign a retainer contract or another type of agreement for their representation. Be sure to carefully read the contract carefully and feel free to ask questions prior to signing it. You should be allowed to take the contract home to look it over carefully before signing it.
The attorney will notify you of what to do next. There may be a factual inquiry prior to a lawsuit filing or before a settlement is considered, and the attorney may be able to provide you with a ballpark estimate of the amount of time it will take to bring the case to a satisfactory resolution.
The attorney will advise that you not consult with others about your case or discuss it with anyone and to bring all inquiries to him or her as opposed to anyone else. This is vital so listen to them, because some commentary can destroy your case in court.
The attorney will likely provide you with an idea of how he or she plans to keep you notified of progress in your case. This can vary from attorney to attorney. Some will provide periodic written report letters and others may contact you via phone or e-mail on a periodic basis or when something important occurs. Others will let you know you should call when you have inquiries about your case.
Obtaining a Free Consultation
Lawsuits surrounding accidents can and often are complicated and ongoing events that involve obtaining extensive evidence, expert witnesses, and a specialty knowledge of negligence law. As a result, it is vital for victims of an accident to locate an attorney who has who’s experience regarding accident cases, particularly. To get free additional information about your claim, a smart first step towards a successful case outcome is to seek the advice of an attorney during a free consultation.
- Posted on
8th January 2015
A lawsuit for assault and battery can provide compensation for intentional injuries.
In contrast to personal injury lawsuits generally filed due to an accidental event such as a car accident, some cases emanate from harm caused intentionally. Relative to personal injury law, assault and battery are willful act (torts) forming the foundation of a suit in civil court. Typically, the victim of an assault and/or battery case sues the perpetrator in pursuit of restitution emanating from injuries and other damages stemming from the incident. A Great Injury Law Firm in Calgary can aid you with this.
What acts quantify an assault in a personal injury case and what constitutes battery? This article serves to illustrate what denotes the purposeful torts of assault and battery, featuring essential matters in cases comprised of two, and expounds on the distinctions between criminal and civil cases relating to assault and battery.
Definition of Assault
The tort of assault in a personal injury case is generally characterized as any purposeful act intended to create legitimate concern of an impending harmful confrontation, something that makes the victim anticipate the perpetrator is going to cause harm to them. The aforementioned fear of harm imminent to the victim in most states, provided its a feasible reaction to the scenario, is the only requirement for an act to be considered an assault.
Particular legal conditions differ by state, but a personal injury lawsuit for assault feasibly emanate in situations such as those highlighted below.
– Somebody balls their fist towards another person’s face and states, “I’m going to knock you out!”
– Somebody points a water pistol at another to scare them. The pistol looks realistic and the person its being pointed at thinks the holder of the pistol is really going to put a bullet in them.
– A person at a crosswalk ready to cross the street. Another approaches the intersection in their vehicle and accelerates intending to make the subject at the crosswalk believe they are going to be struck. The operator of the vehicle brakes before really striking the other person as they do not intend to truly strike them, stopping the vehicle just feet from the person about to cross the street.
Precisely, the purposeful tort, battery, varies in definition by state, but usually only requires that the perpetrator intentionally causes purposeful, malicious, objectionable contact with another the victim. In consideration of battery, the contact by the offender and emanating harm to the victim can be direct and immediate such as pushing, indirect and immediate such as being struck by an object, or indirect and remote such as setting a trap and falling victim to this trap days later. Crucially, immaterial that the victim is actually caused physical caused harm to constitute a battery under civil law. All that is necessary in most states is that the contact objectionable to a reasonable person and that the offender purposely intended it.
The purposeful torts of assault and battery generally emanate from a single occurrence, but not always. An assault can happen without battery taking place. For example, raising a fist to threaten someone, but not actually attempting to strike the party can constitute an assault. Further, battery can take place without an assault. To illustrate, if an offender shoves a victim from behind, its virtually guaranteed to be considered battery by law. However, if the aforementioned person shoved never perceived the offender impending and never perceived apprehension prior, a purposeful assault tort plausibly didn’t happen.
Assault and Battery Damages in Tort Cases
In consideration of injuries, civil cases relating to assault and battery can vary considerably in stringency. Be mindful that inmost states actual physical injury is not material. Thus, lawsuits for assault and battery can differ variably quantification of damage allotments. In suits where little or no harm resulted, filing a lawsuit may not always yield desired results regardless of whether an assault or battery may have specifically occurred.
Conversely, when a hospitalization and/or considerable medical treatment is necessary material to the assault and battery, a personal injury lawsuit may be the optimal choice for the victim to acquire restitution for healthcare costs and reparations for items akin to emotional distress.
Assault and Battery Defenses in Tort Cases
A personal injury lawsuit will not be fruitful if the subject accused of assault or battery has a well-founded legal justification for their acts. Below illustrated are some common defenses to a personal injury lawsuit related to assault or battery or both is alleged.
Consent – A defendant might claim the victim conceded to the prospect of harm. This defense is most often derived from purposeful tort lawsuits in cases related to contact sports, playing paintball and like games, and similar pursuits. A plaintiff who files a lawsuit in these cases may have difficulty in successfully suing the defendant if the subject consented to particular physical contact such as when being struck in a football game even if this act results in injury.
Privilege – A police officer who applies force during an arrest may attempt the application of defense of privilege. Envision, for example, a police officer causing injury to a subject in congress of an arrest; a lawsuit for assault and battery will not likely be a fruitful one provided the officer used a justifiable and befitting level of physical force while arresting the party.
Self-Defense (Defending Another) – If an accused party of assault and/or battery was reacting accordingly to a risk of harm, then a lawsuit for assault and/or battery likely will not be successful. Material is whether the party’s reaction was a justifiable one to the matter. If an offender swings their fist at a potential victim with the intent of striking them, the person struck can likely grasp the perpetrator’s arm in an attempt to subdue them and not be held liable for the intentional tort of battery. However, in such a scenario, the person struck cannot shoot the person who punched them and claim self-defense, because that would be excessive and an unreasonable reaction in this situation.
Awesome info by a great law firm in Calgary:
Personal Injury Lawyer Calgary Inc
421 7 Avenue Southwest #4900
Calgary, AB T2P 4K9
- Posted on
8th January 2015
Attorneys of the Law
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