Restitution is a legal word to describe repayment of damages. These damages can be both criminal and civil, which means restitution can become quite expensive even for a small crime. But you’ve probably heard of the debate revolving around reparations for slavery, a practice which ended around the same time of the Civil War. Is there a strong case?
Say an assault perpetrator punched you in the face, and the resulting injury was great enough to land you in urgent care. Although the injury is relatively inexpensive to treat with insurance, you can also ask for restitution in the form of pain and suffering — it’s impossible to put a dollar amount on this facet of the case, which means it will ultimately be up to the prosecutor or even the judge overseeing the case as to whether or not you receive the funds.
However, let’s say you have no insurance. Suddenly your injuries are much more expensive. You could seek restitution for the full amount even when Obamacare’s insurance mandate was in place. Meaning even if you broke the law by going without insurance, you can still ask of the perpetrator for whatever you were forced to pay.
How does this compare when offered into the debate of slavery reparations? Obviously no one who was enslaved by our ancestors is still alive.
But good lawyers can still prove that the racism, prejudice, indentured servitude, and maybe even epigenetic factors will continue to keep African American citizens whose forefathers were slaves at the lowest rung of society. The key is determining who is most at fault — our ancestors who inspired in many of us these racial prejudices, the Caucasian majority that continues to in one way or another subjugate the African American minority, or the African Americans who have failed to find a way to wiggle out from the marginalized lives they lead?
Based on the aforementioned examples of restitution, African Americans are not at fault — even in spite of mistakes they may have made in the day to day living of their lives — as long as the Caucasian majority continues to treat them as second-class citizens through blatant discrimination.
Part of the problem is that the United States government promised reparations to former slaves when the practice of slavery was abolished, and then went back on that promise when Lincoln was assassinated. This is why the argument of Black restitution is so persuasive. It’s more an argument about following through on what was promised than simply providing reparations, and the case is a strong one.
What Are The Biggest Personal Injury Cases Of All Time In Terms Of Damages Awarded?
When you think about personal injury cases, what comes to mind? You might think about slip and fall accidents, or maybe you recall the traffic accidents involving tractor-trailers portrayed in the commercials for personal injury attorneys. There are all kinds of cases involving personal injuries. Perhaps you have even been involved in one. What are the biggest personal injury cases of all time?
There are some landmark cases, and the biggest ones feature judgments or verdicts, not settlements, as you can imagine. The damages awarded total in the billions, and the first case on this list is tragic indeed. A boy’s life was lost in the aftermath due to skin cancer after having already been set on fire using gasoline. The boy was just eight years old. The teenager responsible didn’t have $150 billion, but that was the total awarded to the victim’s family.
The next big personal injury case involves a group of people and several top cigarette manufacturers. This case happened in 2000, and the settlement was just shy of $145 billion. What’s really interesting is that the next biggest personal injury case also involves cigarettes, and there was only one plaintiff, in that case, a woman who had lung cancer. While the settlement was well under the $100 billion mark, it is substantial due to the fact it was awarded to one person only.
What company was on the receiving end of the last case? It was none other than RJ Reynolds, and the settlement prior to being reduced was $28 billion. These are the three biggest personal injury cases of all time, and there are many more interesting cases to read about. As you can see, the verdicts and judgments in these cases can result in billions of dollars awarded to plaintiffs who have refused to settle.
There are a lot of people who think that medical malpractice and personal injury are the same thing. The truth is that there are a number of differences between them that you need to know about. These differences will help you understand what each cover and where your case may fall.
Personal injury cases will generally have a wider scope than medical malpractice. However, medical malpractice cases are generally more complex. This is due to the fact that the plaintiff needs to demonstrate that the medical professionals or hospital were at fault. With a personal injury case, it is generally easier to determine this.
Issues In Dispute
With personal injury claims, there is generally a clear sign of who was negligent. The driver of the other car may have cleared rear-ended your vehicle causing your injuries. With medical malpractice cases, doctors and hospitals will generally fight very hard to deny any fault. It can also be harder to determine negligence because of the complexity of the medical procedures.
Medical negligence cases require the hiring of multiple expert witnesses to determine negligence. These witnesses will examine the medical records and provide an objective opinion on the case. Expert witnesses are generally not required with personal injury cases and will not cost as must to hire as medical negligence ones.
The Statute Of Limitations
The statute of limitations for personal injury claims will vary depending on the state. The statute of limitation for medical malpractice cases will generally be shorter than personal injury. In most cases, a patient will have one year from the time of injury to file a medical malpractice case while personal injury cases can be filed anywhere from 2 to 5 years after the accident. Of course, the exact times will vary on the case and the state.
There are a lot of people who wonder what constitutes a wrongful death. These people will generally be the loved ones of someone who has passed before their time. If you are in this situation, you might want to know what a wrongful death is and whether your loved ones passing constitutes this.
What Is A Wrongful Death?
A wrongful death is when someone is killed or dies as a result of the wrongful actions of another person. What constitutes a wrongful death will vary depending on the state and the Tort Laws which are in place. In most states, the family an individual who has died due to the willful negligence and misconduct of another person will have the right to file a wrongful death lawsuit.
Most wrongful death lawsuits will generally follow a criminal trial for the death of the individual. The criminal trial will provide the evidence which is needed to file a wrongful death claim. The benefit of these claims is that the standard of proof will be lower than for a criminal trial. It is important to note that people who are found guilty in a wrongful death lawsuit may not always be convicted of the crime associated with the death.
Who Can File A Wrongful Death Lawsuit?
If you believe that your loved one passed away due to the actions of someone else, you may be able to file a wrongful death lawsuit. Most states will allow for the surviving spouse, children and next of kin to file a lawsuit. Other family members may have a harder time proving their claim and you will need to speak with an attorney in these cases.
It is important to note that there are certain states where only minor children are able to file a wrongful death lawsuit. These states believe that adult children do not require the support provided by the claim. Contact The Miami Injury Lawyers if your loved one has passed away due to another person’s reckless behavior.
What Are Defective Products And In What Ways Do They Become Liabilities For Companies?
You often hear about products being recalled due to certain defects. If not recalled in time, those defects can cause accidents and injuries. Those accidents result in personal injury lawsuits, and huge settlements can be awarded. In the case of a product defect, multiple consumers can be involved in regards to filing civil suits. These types of situations are tragic first and foremost, and they are also huge liabilities for companies that drop the ball so to speak.
When you look at personal injury cases involving defective products, you see all kinds of examples. Any product sold on the market can have a defect of some kind, and not all of them are necessarily going to result in personal injury. What exactly is a product defect? To help you better understand the definition, let’s look at a specific personal injury lawsuit regarding a product defect.
There was a case involving a Chevy Malibu with a defective gas tank. The tank was full of gasoline at the time it was involved in an accident, and six people were inside. The original settlement was for $4.9 billion. In this case, the product defect resulted in personal injury to all six plaintiffs.
Products are designed to work or be used as intended, without defects. Consumers trust manufacturers that the products they purchase are going to be safe. A defective product is one thing, but one whose defect can result in injury is a different story. Most often, you will see information about defective products written in legalese.
Companies whose defective products do not pose safety risks are only liabilities to the companies themselves. Consumers return those products for a refund. A product defect that poses safety risks and results in bodily injury, however, falls into the category of products liability. Companies have to watch out for all types of product defects, lest they are held accountable.
Can You Sue For Injuries If You Have Signed A Waiver?
Liability waivers are not uncommon and you will be asked to sign them in a variety of situations. You may be asked when visiting a theme park or when completing certain activities such as skydiving. However, if you are injured and have signed a waiver, you will need to know if you can still file a lawsuit.
Can You Sue After Signing A Waiver
If you are injured after signing a waiver, you might still be able to sue. This is due to the fact that the law is expansive and will take into account various complications which could make the waiver void. However, if you want to file a lawsuit after signing a waiver, you will need to prove that the liability waiver is invalid.
The Validity Of Liability Waivers
The validity of a liability waiver will vary depending on the state you are in. Most states will have certain criteria that the waiver needs to meet in order to be legally valid. You will have to prove that the waiver does not meet these criteria before you are able to file a lawsuit. Most states call for the waiver to be clear, unambiguous, unequivocal and specific.
This means that the waiver must be written in clear language that allows the person signing it to understand the rights that they are sacrificing. If the language is not clear or could be taken to mean more than one thing, the waiver will be invalid. If the terms of the waiver are at all ambiguous, the waiver will also be invalid.
The waiver will also need to use language to specify the limited liability. The waiver will also need to reflect the terms that are being agreed to. If the waiver is not specific, it could be seen as ambiguous and invalid.
Contact an Experienced Liability Waiver Attorney
If you have been injured and signed a waiver before participating in an event, you should contact an experienced attorney. Contact The Miami Injury Attorneys today for more information.
Are You Able To Sue For Injuries Your Pet Has Sustained?
For many people, their pets are their family and any injury they sustain is a serious issue. If your pet has been injured, you might want to know if you are able to sue for compensation. It is possible to sue for injuries that your pet has sustained, but you need to know what you should do and how much you would be able to claim.
Suing For Injuries Your Pet Has Sustained
If your pet has been injured through the malicious actions or negligence of another person, you will be able to sue them for compensation. Before you do this, you will need to take your pet to the vet and have them document all their findings. If your pet was injured by their normal vet, you should take them to a different vet for this examination. You also need to request copies of the treatment record so that you have an accurate costing of your pet’s care.
It is important to note that the laws for pet injury and death will vary depending on the state and in some cases the county. Most states do not have specific laws which relate to the amount that you are able to recover in your lawsuit. This means that your compensation could vary depending on the judge that oversees your case.
How Much Can You Claim?
Pet generally mean a lot to their owners and this can make it hard to determine a compensation figure to claim for. However, the compensation that you will generally be able to claim will include the ‘market value’ of your pet or how much it would cost you to replace them with an animal of the same breed. You will also be able to claim the costs of vet care, but only if it is proven that your pet received reasonable treatment. Contact one of our experienced attorneys at The Miami Injury Lawyers today.
With millions of people residing in nursing homes around the nation, it’s essential to understand their rights and what can occur on a day-to-day basis.
Being in a nursing home isn’t always a “safe spot” and can become a source of concern due to underlying abuse. Yes, nursing home abuse is a reality faced by thousands of seniors around the world.
It’s important to recognize the issue and combat it head-on rather than letting it continue as is. Here is more on nursing home abuse and what an individual can do about it well in advance before it continues to carry on.
What Is Nursing Home Abuse?
Nursing homes residents have allocated rooms in the building and are taken care of by caregivers.
These caregivers or the nursing home itself can start abusing the residents. This can occur for a number of reasons, and the abuse may include mental trauma, physical trauma, unlawful captivity, and more.
These are illegal and criminal actions, which often go undetected.
Beating Nursing Home Abuse
Speak to a Lawyer: The most important thing a person can do is speak to legal counsel on the matter. This can help understand your rights along with prosecuting those who are on the other end of this abuse.
Please take the time to do this as soon as possible rather than letting it continue.
This can be a problem for numerous people in the same nursing home, and it’s best to take action right away.
These are the details for those who are trying to get an understanding of what nursing home abuse is all about and what a person can do as they look to move forward with their life.
Those in a nursing home do have rights, and it’s important to keep this in mind while pushing forward for a quick resolution.
Are You Able To Sue For Injury If You Fall On The Sidewalk?
If you fall and injure yourself on the sidewalk, you might wonder if you can sue for the injury. Your ability to sue will depend on liability and what you are able to prove. Simply falling on the sidewalk is not enough to constitute a lawsuit.
Suing The Property Owner
If you are fallen and injured yourself on a sidewalk that needs to be looked after by the property owner, you need to prove that the property owner was negligent. The sidewalk being in a condition that allows you to fall does not automatically make the property owner negligent. To sue the property owner, you will need to prove that the sidewalk was in an unreasonably unsafe condition when you fell. You will also have to prove that the property owner was aware of this factor should have been aware of the condition of the sidewalk.
Falls On Public Sidewalks
If you have fallen and injured yourself on a public sidewalk, your ability to sue will depend on the state laws. This is due to the fact that liability is determined by these laws and the deed of the homeowner. In some states, municipalities will be liable for the upkeep of public sidewalks while in other states liability may be less clear-cut. In these states, the municipality might be liable or the property owner might be liable.
If you are injured on a public sidewalk, you need to be aware of 2 limitations on your right to sue the municipality. The first is that some states will place a limit on the amount that you are able to recover from your injuries. The second is that there could be a strict notice and time deadline for the claim. Contact one of our attorneys today to schedule a free consultation and to discuss your case.
What Is Mesothelioma And What Type Of Prognosis Should You Expect?
Most people think of mesothelioma as a type of lung cancer, but it can also start in or spread to the heart and the abdomen. Some people incorrectly associate mesothelioma with smokers, but is caused by asbestos exposure. While mesothelioma has been widely talked about in recent years, the fact remains that it is a rare form of cancer. If diagnosed, however, the prognosis is not good.
One of the reasons that the prognosis is so grim is that there is currently no cure for mesothelioma. Another reason is due to the fact that this rare cancer is very aggressive. After the diagnosis, there are three major factors that determine individual prognosis or life expectancy. What stage the cancer is in overall is certainly one of the main factors that are considered. The number of tumors present as well as their size and location is also important. Cell type is the third factor.
Is Mesothelioma Fatal?
If you or a loved one has recently been diagnosed with this rare form of cancer, you need to be aware of the life expectancy. On average, life expectancy for mesothelioma patients is anywhere between 12 and 21 months. Less than half of all people diagnosed with this disease make it past that year mark; however, there are those patients, approximately 9 percent of them in fact, who make it to 5 years.
One of the other difficult aspects of a mesothelioma diagnosis is that it usually occurs once the cancer is in a later stage. Symptoms aren’t typically detected until then, and so this affects both treatment and prognosis. It should be understood that there are different types of malignant mesothelioma, peritoneal and pleural. Treatment options have improved over the years, and it is the hope of everyone that there will one day be a cure for this rare and deadly form of cancer.
Contact a Mesothelioma Attorney Today
Mesothelioma is a form of personal injury. If you or a loved one has been diagnosed with mesothelioma, you should contact an experienced attorney right away. The Miami Injury Lawyers have handled dozens of these types of cases and are right for the job.