Is Personal Injury the Same As Negligence?

The legal process for a personal injury case is complex and requires a skilled personal injury attorney. Whether the alleged negligence or intent is proven, strict liability makes the defendant liable for any damage or injury caused by his or her actions. In some circumstances, negligence may also include Contributory negligence or Vicarious liability.

Is personal injury the same as negligence?

Contributory negligence

Contributory negligence in personal injury law is the concept that an individual bears some of the responsibility for his or her injuries. It means that an individual has a duty to act reasonably and is thus partly at fault if he or she fails to comply with that duty. A typical example of contributory negligence is when a driver hits a pedestrian. The pedestrian did not look both ways for traffic before crossing and failed to heed a warning sign.

Contributory negligence is a defense to negligence claims and can limit the amount of compensation that a plaintiff is awarded for his or her injuries. The plaintiff may be unable to collect damages from the defendant if he or she is at least 51% at fault in the accident. However, even if the plaintiff was only slightly at fault in the accident, she may still be able to collect damages from the other party.

Strict liability

Strict liability is a legal doctrine that holds a person or business responsible for personal injuries caused by its negligence. Generally, strict liability is reserved in product liability cases. However, in some instances, strict liability applies to ultra-hazardous activities, such as those involving dangerous substances. Such activities do not normally occur in the community, but they pose a significant risk of causing personal injury.

In certain cases, strict liability is used to reduce litigation costs. Unlike negligence claims, a strict liability claim does not require proof of negligence or a causal connection between the product and the injury.

Vicarious liability

Vicarious liability is a secondary indirect form of liability that may be imposed on an individual or company. Unlike direct liability, vicarious liability does not require the third party to be present at the accident or to be directly involved in the negligent or reckless action. The liability arises as a result of the negligent or reckless actions of a principal.

Vicarious liability is a legal concept that is important to understand in case of a personal injury or negligence. It is based on the concept of taking someone else’s place and experiencing their actions in place of your own. Vicarious liability arises in many different circumstances and involves situations in which someone has a legal relationship with the person who was injured, but is not directly responsible for that party’s actions.

Intentional wrongdoing

Intentional wrongdoing and personal injuries can be caused by a variety of circumstances. The majority of cases involve a person’s negligence. However, some cases involve intentional torts. For example, a murderer who acted with reckless disregard for the life of another can be liable for the victim’s wrongful death.

Intentional torts are actions that are not based on breach of contract but on a breach of a duty to another person. They involve negligent or intentional wrongdoing, which can result in physical or financial injury to another person. Intentional torts can be difficult to prove because you must show that the defendant knew he would cause harm to the victim. Intentional torts also require a plaintiff to prove the other person acted without caution.


What is the job of a personal injury attorney?

Most personal injury cases begin with a claim to an insurance company. Depending on the degree of your accident, this could involve personal injury protection insurance, better known as PIP.

An injury attorney is able to investigate your accident, determine the parties responsible or involved, initiate the appropriate process for lawsuits and other routine negotiations.

Working with an attorney from a professional firm provides you and your loved ones with a legal personality who can speak on her behalf in court.

Additionally, a lawyer is essential to avoid pressure from insurance, and it is much easier to reach an agreement, and thus obtain the maximum amount of compensation.

Types of accidents that are considered personal injuries

The accidents that we presented below are considered personal injuries to an attorney for car accidents, however, this does not mean that they are the only ones to enter the list.

Construction accidents

A lawyer has the responsibility to help you if you have suffered a (work) accident due to working conditions with low safety standards. These types of cases include: injuries from heavy machinery, falls, accidents with biochemical material, and other illnesses caused by contact with harmful materials.

Medical negligence

One of the most severe and important personal injury cases, medical malpractice centers on errors caused by the negligence of a healthcare provider.

General physicians, nurses, surgical personnel in the wrong place, misdiagnoses made as well as failed procedures are involved in medical malpractice.

Auto or motor vehicle accidents

This category includes cars, bus, truck, motorcycle, 18-wheeler, and many others. Similarly, these are accidents with vehicles and cyclists or pedestrians.

Property responsibility

These are liability cases through which compensation is sought for accidents that directly affect the property of a third party, thanks to the failure to take appropriate security measures or due to property maintenance problems.

For example: dog or other animal bites, slips and falls, industrial safety negligence cases, and swimming pool accidents.

Personal injury lawsuit

Personal injuries are those damages or injuries that are caused to another individual, as the result of a physical assault and through which the victim’s health may be affected.

Before any lawsuit, the injury attorney of your choice should be able to meet with you and hear your side of the story.

The purpose of the meeting with your attorney is to request documentation to determine if the plaintiff actually has the legal motive to sue in accordance with state law in relation to personal injury pursuing a claim.

All stages of a lawsuit are important in determining whether a defendant is 100% responsible for the victim’s injuries (there are cases where the opposite can happen).

An experienced attorney will represent each party at every stage of the case and will be available to answer any of your questions or clear up your concerns.

Major stages of a personal injury lawsuit

In the event that the victim has strong reasons to sue, the claim process must go through a series of specific conditions in order to be successful. Now, the important stages of a lawsuit are as follows:

Writings of the claim

Any personal injury lawsuit begins once the plaintiff files a statement of claim with a judge. The statement of claim must explain why a third person is being sued and what the remedy or compensation is sought with said action.


After the previous briefs have been made, the parties involved in the accident now move on to the discovery phase. This is the formal process by which the plaintiff (victim) collects the corresponding data to prove the case, while the defendant gathers information to defend himself.

The stages that follow also have their order of relevance, but not as decisive as gathering the information to support a case and knowing the amount that can be obtained, through the advice of a personal injury lawyer.

However, they are necessary for the successful completion of any claim process.

  • Pretrial motions
  • Conferences / talks to reach an agreement
  • Judgment
  • Verdict
  • Appeals




Workplace accidents are common occurrences although the severity varies based on the nature of the job and the circumstances surrounding the incident. Cuts, scrapes, bumps, and falls are likely to happen to anyone anywhere. Workplace accidents, however, are particularly concerning and not taken lightly because they are usually avoidable. Workplace ergonomics requires that work environments and spaces should comply with health and safety standards. However, the negligent behavior of companies and even colleagues can create a hazardous working environment and endanger the safety and wellbeing of employees.

If an employee is involved in an accident and sustains an injury in the workplace, certain steps are legally necessary to be taken to successfully file a compensation claim.

Document And Report the Incident.

This is a very important step and if possible, it should be done in that order and as soon as possible. Take pictures of the accident scene from different angles to get a panoramic glimpse of what the setting was like and the possible cause of the accident. Witness statements can and should be taken down. if one can access surveillance footage, it should also be done quickly. Thoroughly documenting the accident will protect the integrity of the scene and the victim’s claims and also ensure that nothing is tampered with. This is a very likely scenario as most companies will do everything to avoid liability. Also, most work accident policies require that the supervisor and or manager should be notified of the accident within 30 days of its occurrence. If the victim intends to file a claim, this should be done within the time frame as failure to do so will negate eligibility for benefits and compensation.

Seek Immediate Medical Attention.

The victim should also seek medical attention as soon as possible for two main reasons. First, to get treated for injuries. The severity of the injury sustained should not be underestimated. A medical professional must evaluate the injuries and treat them accordingly to prevent the possibility of further compromise. The second reason to seek medical attention is to get a professional medical report. This is important when seeking compensation as the medical report will help support the victim’s injury claims and prove the extent of the injury sustained. In a personal injury claim, the absence of a medical report can render the claim void.

Call A Personal Injury Attorney.

The next and most logical step is to call a personal injury lawyer. For the best personal injury attorneys Lafayette in Indiana offers legal practitioners who specialize in different personal injury niches. After getting medical attention, documenting the accident, and reporting to the appropriate authorities, an attorney should be contacted to carry on from there. Indeed, calling the attorney from the very beginning is also a good idea. This ensures that the victim is not overwhelmed by the complexities of personal injury cases. Having an attorney to simplify and deftly navigate their way around the legal system will greatly improve the chances of being favorably compensated.


It is important to understand the necessary actions that can be the difference between winning and losing a workplace personal injury claim. These few vital prompts will help a victim or victims stay one step ahead in their quest for justice after injury.

What Legal Rights Do You Have When Injured on the Job?

In every state, employers are required to provide their employees with a reasonably safe and healthy working environment. However, in some cases, an employer may fail to provide this and, as a result, an employee may be injured. Occasionally, an employee might sustain an injury on the job even when all efforts have been made by the employer to make their workplace safe. This could include injuries such as broken bones, occupational illnesses, and aggravations of pre-existing conditions. Read on to find out more about your rights as an employee if you are injured on the job.

What Rights Do Employees Have?

Workers’ compensation laws can vary between states, and the rights and legal procedures can also vary between companies and employees. Generally speaking, in most states, employees will have the right to get medical treatment, the right to go back to their job when signed off as safe to do so by their doctor, and the right to bring a in workers’ compensation claim for the injury. If you are unable to work due to the injury, you have the right to disability compensation, and you will generally have the right to appeal any decision made by your employer that you disagree with. You also have the right to be represented by a Work Injury Lawyer.

How to Protect Your Rights

Reporting a work-related injury to your employer is the easiest and most important way to protect your rights if you are injured on the job. Most states will require that you make a report of your injury within a certain time period, up to a few days after the incident. While this might not always be possible depending on the exact circumstances, it’s important to make sure that the injury is reported as soon as practically possible. The next step to protect your rights involves filing a claim with the worker’s compensation court in your state, giving formal notice of the injury.

Your Rights Against Third Parties

In some cases, a work-related injury may not be the responsibility of your employer, but rather a third party. If your injury was caused by the negligence or carelessness of a third party such as a manufacturer of a defective piece of equipment used in your workplace, you may have the right to bring a claim against that party, known as a third-party claim. These are not usually dealt with by workers’ compensation and should be filed in state or federal courts in the form of a civil lawsuit. A civil lawsuit for any work-related injuries will typically be able to seek additional personal injury damages that cannot be recovered in a workers’ compensation claim. For example, you may bring a civil claim to seek compensation for pain and suffering, since workers’ compensation claim benefits are generally designed to only cover lost wages and medical expenses.

Understanding your rights and how to protect them if you are injured at work can help you navigate what can often be a tricky situation.

What are the duties of the lawyers?

Lawyers are the one who deals with all the legal activities that would encounter in our day to day life. They will know all the clauses and all the loopholes that are present in the legal system so that by using all those points they will fight against you to win the case that was filed against you. Mostly these people will deal with cases that don’t know by normal people how to deal with them in court. These people will deal with lots of issues including family problems land issues and many more. London divorce lawyers will deal with the problems that would encounter between the wife husband. They will try to solve the problems initially before they are getting a divorce as the divorce will separate two families. If both are willing to take divorce they will apply in court and they have to attend the court calls whenever they get a date to express their reasons to the judge. They have to inform the judge for what reasons they are seeking the divorce and divorce judge convinces them they will get a divorce.

What are all the benefits that will get after a divorce?

  • Divorce is a mutual understanding that both of the persons from the couple don’t want to live together anymore. This will be done under legal supervision so that in future no problems would face by both of them.
  • If this is done under legal supervision they will get a certificate declaring that both of them have taken divorce in the interest of both of them. London divorce lawyers will assist you in getting the divorce and all the benefits that would get after the divorce.
  • Some benefits will get with the divorce that will be received by any of the partnersand this will be decided based on those who are getting damage or loss after the divorce. This will be decided by the judge based on the argument that has been done by the lawyers.
  • You need to explain all your situations to the lawyer so that based on the words and information that you have provided the lawyer will do an argument in front of the judge and try to make justice for the person who hired. Be truthful to the lawyer and don’t hide any information from the lawyer.


Lawyers will help you in getting a divorce and all the benefits that you will get after a divorce.


Copyright Infringement – How Much Similarity is Required For “substantial Similarity”?

In order to bring a copyright infringement lawsuit, the copyright holder must be able to establish three elements. The first, ownership of a valid copyright, requires that the copyright relate to an original work of authorship that is fixed in a tangible medium. The second element requires actual copying of that work, which can be shown using either direct evidence, indirect evidence, or a combination of both. Finally, a copyright holder must prove misappropriation. It is this third element that goes directly to the question posed in this article. How much of my work can be incorporated in another work before it constitutes copyright infringement?

Unfortunately, there is no definitive answer to this question. Instead, one must look to case law precedent to establish how much is too much. That being said, when alleging copyright infringement, the copyright holder must show that what was indeed taken and incorporated into the allegedly infringing work was copyright protectable. Once this is established, it is up to the plaintiff to show that the audience for the work will recognize “substantial similarities” between the two works. Although there is no set percentage, for example, to determine whether substantial similarity exists, two commonly recognized methods are available to assist in the misappropriation portion of a copyright infringement analysis.

The first method, known as the subtractive method or the abstraction/subtraction approach, first identifies what parts of the work are protectable. The method then directs the finder of fact to eliminate, or subtract, those elements that are not protectable. The remaining elements are then compared to the allegedly infringing work to determine whether substantial similarities exist.

The second method, known as the totality method or total concept and feel approach, leaves the works in their entirety when doing the analysis. In particular, the entire copyrighted work is pitted against the allegedly infringing work to determine whether a substantial similarity exist. Clearly, it is the goal of the defendant to show differences between the two works in an effort to avoid liability.

Today, courts will employ each of the above methods, and at times both methods, to aid in the misappropriation analysis. Given the factual nature of copyright law, it is not out of the question for one method to favor a copyright holder while the other method favors the alleged infringer. Therefore, it is worthwhile to, at the outset of any intended action for copyright infringement, analyze the likelihood of success under both methods. This will not only enable the copyright holder to identify the strengths and weaknesses of the particular case, but it will also allow the copyright holder to make a decision whether or not it is worthwhile pursuing a copyright infringement lawsuit. In the alternative, cease and desist letters, negotiation, for an amicable resolution, or other means short of litigation, such as copyright licensing, may be a possibility worth exploring.

Therefore, while ownership of a valid copyright and actual copying are two factors that also require particular analysis, oftentimes the misappropriation element is the determinative factor in a copyright infringement matter. Copyright holders are well-served to fully analyze the extent of misappropriation just as defendants to a copyright infringement lawsuit should constantly be looking to identify elements that negate a finding of substantial similarity.

How Attorneys Assist in Foreclosures

Costa Mesa, California is a largely populated area that has seen a large rise in foreclosures. Many people are seeking the help of Foreclosure Attorneys in the Costa Mesa area to help them keep their homes. The court systems are getting so backed-up that it is impossible to keep up with the amount of foreclosed homes by the banks and other financial institutions. To date there are 2,784 foreclosures, 3,639 pre-foreclosures, and over 4,000 bankruptcies on the court docket.

When you are faced with a foreclosure on your home, it is wise to seek out a Foreclosure Attorney who can help put a stop to the foreclosure process, and assist you with your rights. Many people who have lost their jobs in the Costa Mesa area may find that their unemployment insurance is soon to expire, and might be wise to seek the council of a lawyer before they get put into foreclosure. It is easier for an attorney to take action on your part before you have been foreclosed.

It is not impossible for lawyers to help you after the foreclosure, but it is much safer to contact an attorney beforehand. You need a Foreclosure attorney in order to get good advice on your situation, and if you can, save your home. In the California area most foreclosures are the non-judicial foreclosures. When this type of foreclosure takes place, it is not necessary for the bank or lending institution to take you to court.

What has happened is, that when you signed the deed of trust you have given authorization for our banking institution to sell your property in order to satisfy the demands of the loan. This is a procedure that is called foreclosing on your property. You know in advance if you have not made your mortgage payments, and how many you can miss before the financial institution can start foreclosure and sell your property.

When you have been notified that your home loan is in default in Costa Mesa, then you should immediately consult with lawyers to find out what you can do to save your home from being foreclosed. There is good news for property owners in that President Obama has a new stimulus package to help save homes from foreclosure.

The process is complicated, and it does take the expertise of a foreclosure lawyer to help you apply for the package deal that the President has made available to homeowners. The Foreclosure Attorney will need to work with your financial institution, whether or not they are in Costa Mesa, to get them to lower your interest rate, and your monthly payments, so that you will be able to make the payments on your home. This process requires that you do have some sort of income in order to make the monthly payments. The financial institution will be entitled to a certain percentage of your income each month to be applied towards your mortgage.

These are all legal process’s that only a Foreclosure Attorney can attend to, and help you to prevent you from losing your home. You need to find out from your attorney if you qualify. The attorney will need to find out if your financial institution is willing to work with you, and what their requirements are before any formal arrangements can be made. When the Foreclosure Attorney takes your case, they will advise you of your rights, and what procedures that you may follow in order to comply with the foreclosure laws.

Greencard Lottery – Requirements for DV Lottery 2012

The much awaited Diversity Visa (DV) Lottery entry dates for the year 2012 have been announced and the application can be given from October 5, Wednesday noon, Eastern Daylight Time (EDT) (GMT -4) to November 3, Tuesday, Eastern Standard time (GMT -5).

The Department of State conducts the DV lottery annually by congressional mandate as stipulated in Section 203(c) of the Immigration and Nationality Act (INA) which is actually the amended version of Section 131 of the Immigration Act of 1990 (Pub. L. 101-649).

Specific requirements have to be met if an immigrant wishes to participate in the visa lottery program held this year. The details are as follows:

The applicant should belong to or be a native of countries that come under the list of ‘qualified countries’. The term Native of a country whose natives qualify usually refers to the country in which the applicant was born. However, there are other ways of qualification under this clause. If the person is born in a country whose natives are not eligible but his or her spouse belongs to a country whose natives are eligible then the applicant can enter the spouse’s country of birth. But, both of them should be issued with visas and should have entered the United States at the same time.

Another qualifying criterion is if the parents were born or resided in a country whose natives are eligible then the applicant qualifies even if the country he or she is born is not eligible for the visa lottery program.

The applicant should have some degree of education which should be a high school education or an equivalent one where the applicant should have completed study comprising of 12 years of both elementary and secondary level of education.

Or the applicant should possess two years experience in the past five years doing work which needs a training period of minimum two years or the experience to perform the work. The qualifying work experience is set and selected by the United States Labor Department based on the O*Net online information. If the educational or training criteria are not met the applicant should not consider applying as his entry will be rejected.

A latest color photo should be given in the form of an image file along with the filled visa lottery entry forms and uploaded.

Details like the name, date of birth, gender, city or place of birth, country of birth, mailing address, the country where you reside at present, phone number and e-mail address should be provided accurately.

Regarding the educational qualifications, details like the level of education received and the name of the institution or University if the candidate has finished the graduate degree course should be given.

The country name if nativity claim is on a country other than the place of birth of the candidate should be mentioned. Marital status, information of number of children with their photographs and other necessary details should be furnished. If any information you give is not proper then your visa application may be rejected. So take care to give appropriate details.

Understanding Car Accident Claims And Whiplash

Certainly there are an enormous number of car accidents on the road every day, and inevitably in a large proportion of those either the driver or passenger is injured. Although some of these injuries are minor cuts and bruises which won’t take long to heal, in some cases the injuries can be much more severe. In these cases an accident claim is often the best way of making sure that you can cope with the immediate uncertain future.

One of the most common injuries sustained when involved in a car accident is whiplash. A whiplash injury is caused when a vehicle behind you crashes into the back of your vehicle, pushing your vehicle forwards. Because of inertia, your head is thrown backwards against the headrest, and then rebounds forwards, possibly into an airbag.

But although an airbag can help to protect your face and skull from injury against either the steering wheel or the dashboard, this flexing of the neck backwards and then forwards very quickly is what causes a whiplash.

The symptoms themselves might not appear for several hours or even a day or two, but when they do they can often be very severe and long-lasting. Restricted movement or pain in the neck area is only one of the many symptoms caused by whiplash.

Other symptoms can involve headaches, nausea, memory loss, confusion, depression, vomiting, backache and even blurred vision. Clearly with any of these symptoms it is unlikely that the person will be able to drive, nor will they be able to work. The symptoms may last for a matter of days, weeks or even months. In a few very unfortunate cases whiplash can remain virtually permanently.

Whether you were a driver or passenger involved in a road accident probably one of the last things on your mind will be contacting a solicitor and making a claim. Indeed it is highly probable that the people who do think of this straightaway are those who end up giving a bad name to compensation.

For most people the immediate concern will be for their own health and welfare, and those of their passengers. It is important therefore to make sure that immediately after an accident medical attention is obtained.

It is also important to make sure that all details are recorded, including the registration numbers and details of other vehicles involved, the name and insurance company of the driver of any other vehicle, and details of any witnesses.

Once you have received the initial medical attention is then that you will be best advised contacting a personal injury solicitor and discussing your road accident claim.

Defamation of Character and Libel on

Cross Border Issues Regarding Social Networking Defamation

Different jurisdictions apply different rules to what is regarded as defamation as well as to what is regarded as the liability of the parties involved. Because of the cross- border nature of the internet, it is important to at least identify the minimum common denominators which apply among various western jurisdictions, in order to deal with online defamation.

Generally speaking, there is almost a universal defence to defamation and this is the defence of truthfulness, which would provide a party, accused of delivering defamatory remarks, with a blanket defence against any such allegations of defamation. Whenever the comments or material posted contain factual information, it is relatively easy to ascertain the facts and decide whether or not they are truthful. If for instance a purchaser of a DVD player online claims that the newly purchased DVD broke down after 2 weeks and that the vendor refused to provide refund – this would be a factual issue.

Opinion And Defamation of Character

The problem normally starts where people post comments, which contain their opinion about the vendor or the goods purchased. For example, if the purchaser of a DVD player in the above example states in a forum comment that the vendor is a fraud or a bogus business, then the person posting the comment may well land himself in a more risky area of posting defamatory comments. To avoid getting in trouble for defamation, it is therefore best to stick with the facts and avoid providing own interpretation for the reasons behind the negative experience.

The most risky comments are those which imply dishonesty or the breaking of the law by the vendor, where this has not been proved in a court of law.

The 2 Most Common Types Of Online Defamation Of Character

The 2 most common types of complaints about online defamation are in regard to those comments which are made by individual purchasers of goods or services and those comments made anonymously by competitors. The comments made by one company against another tend to be more capable of being defamatory because there is almost always an element of malice attached to them, as opposed to being a fair comment.

In relation to defamatory comments made by individuals against other individuals, those tend to be very harmful because of the gossipy nature of those comments. The public regards gossip as an acceptable form of freedom of speech, which means that those who make these defamatory comments don’t necessarily see them as being capable as attracting a claim for defamation. This of course is wrong because defamatory comments, whether made by individuals against other individuals, or whether made by individuals against corporations have the same effect of being lies, which could spread very rapidly across the internet as well as off line and cause serious injury to their subject. The culpability of individuals and corporations therefore is the same and in both cases by spreading lies online they create a potential legal action for defamation.

Who Can Be Held Liable To Libellous Remarks Which Are Posted On Forums And Social Networking

Social networking sites are becoming a safe haven for those who wish to harm others by posting lies or gossip. It is the newest form of bullying and harassment, where the bullies find it convenient to hide behind the obscurity which social networking provides. The nature of what constitutes ‘defamation’ has largely remained unchanged for generations. What is not clear is to what extent those who permit such publications should be held liable. A person who posts lies about another individual whether by using social networking or by more traditional means such as newspaper articles, carries the same liability as they did in the past. But if traditionally newspaper publishers were to be held liable for postings made by readers in their publications, it is not clear now whether or not hosts of social networking sites and blogs carry the same level of culpability in relation to online defamation. There is therefore a grey area here but it is not in relation to what is regarded as defamation or the liability of the person who posts the untrue comments. The grey area is rather in relation to how far down the chain do people and organisations who run the social networking and blogs remain liable to what is being published on websites which are under their control.

Freedom Of Speech And Online Defamation

Thoughts are only capable of being defamatory once they are published. It is almost universally accepted that freedom of speech is not an absolute right and restrictions are being imposed on freedom of speech, whenever a state feels for example that its national security could be compromised. Almost every state in the western world has got in place emergency measures, which very often include at least some sort of restriction on freedom of speech. By definition, laws of defamation have also got an element of restriction on freedom of speech. It remains to be seen whether those restrictions on freedom of speech should or would be further restricted in the future. In the long term, I foresee a shift in the way of thinking in terms of how we perceive and understand freedom of speech should operate. I believe that it will not be long before legislators in various states will come to realise, perhaps due to being personal affected by the issue, that freedom of speech should be restrained in some way in order to protect not only the economic interests of corporations, but also the well- being and quality of life of individuals who would find it almost intolerable to live in a society where everyone in effect, is a fair target to publications of defamatory comments. This however, might not happen immediately and mainly for political reasons, things will probably get worse before any serious changes to rules governing freedom of speech are to take place.

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