Wednesday, May 27, 2009

Understanding a Lawsuit Involving Injury Claims

In car accident lawsuits, a victim seeks compensation for the injuries they have suffered. Compensation can include medical expenses, disability or deformity, loss of income and pain and suffering.

Most car accident lawsuits can be settled out of the court system through negotiations with an adjuster from the defendant 's insurance company and may require help from a local law firm where the accident took place, such as a San Bernardino personal injury attorney in California or a New Jersey personal injury attorney. If negotiations cannot be reached in this manner, a Complaint of Law can be filed in the appropriate civil court.

The laws regarding car accident lawsuits in each state are different. All states have a statute of limitations which places a time restriction on when car accident lawsuits can be filed. In car accident lawsuits, two things must be proven by the victim.

The first thing that must be established is that the defendant was, in fact, responsible for the injuries that were incurred by the victim. The extent of the damages also must be proven in car accident lawsuits.

A car accident case is governed by tort law which protects individuals from civil wrongs committed by another, either intentionally or as a result of negligence. car accident settlements can include compensatory damages and punitive damages.

Compensatory damages in car accident settlements are intended to place a victim in the same position they were in before the injury. car accident settlements may be possible in three different types of car accident that occur in a variety of circumstances.

car accident claims can be filed for negligence, where victims are injured because the responsible party failed to prevent injury.

An experienced and qualified car accident attorney protects the rights and interests of the injured victims and works to insure that they are justly compensated in car accident settlements. Sphere: Related Content

Wednesday, May 6, 2009

Consumer Rights Involving Defective Products

Defects may occur in any products made by manufacturers or producers. These may vary from simple flaw in constructing a chair to error in creating an electronic appliance that made it explode after some time of usage.

Product defects may be categorized depending on what phase of manufacturing or handling an item has acquired such deficiency.

• Design defects – occur even before a product has been created or in the planning stage. Usually, this type of defects arises due the manufacturer’s objective to develop a product, which is more appealing to the eyes of the consumers so that they will more likely buy the product. Consequently, some safety standards are being disregarded in the design.

• Manufacturing defects – occur in the actual stages of product assembly or production. Whether a product design is being done manually or machine aided, problems and mistakes cannot be completely avoided.

This is the reason why product testing is always necessary for manufacturing companies to ensure that all their items passed under a strict safety standards. Failure to implement such may result to more troubles if the government has issued a recall order.

• Marketing defects – occur in the stage of selling or distributing the products. Even though a particular item has been proven free of any manufacturing defects, improper delivery or handling may damage the products. This specific mistake is under the responsibility of the distributor or the seller of the goods.

The product liability laws guarantee protection for the consumers who have been injured or died from an accident resulting in the utilization of a reasonably dangerous product and allows to file their lawsuits against the company, wholesalers or retailers that manufactured or distributed it, depending on the type of defects seen on the product.

Since the actual filing of a product liability claim involves many complicated matters, it is always advisable to hire the assistance of a qualified lawyer who has the expertise in handling this particular type of case. If the defect appears to be in an entire line of a product, a California defective product attorney may be able to file a class action suit against the manufacture to allow multiple victims to be eligible to receive compensation for injuries and reimbursement for repairs and/or replacements. Sphere: Related Content