Personal Injury Resource: April 2009

What Proof Do I Need to Win My Personal Injury Case?

There are many reasons why you might file a personal injury lawsuit against someone. One reason you may sue someone is when that individual commits an intentional tort against you. To prove that someone committed an intentional tort against you, which resulted in your personal injury, you must prove three things.

First, you must prove that the individual made a volitional act. That is to say, you must prove that the person meant to act in the way he or she acted. Second, you must prove that the individual intended the consequences of his or her act or that the individual should have known what the consequences of his or her act would be. Third, you must prove that the individual's action caused your injury. Fourth, you of course must also prove that you were injured.

There are various types of intentional torts for which you may have a valid personal injury claim. Some of them are: battery, assault, false imprisonment, and intentional infliction of emotional distress. For each intentional tort, in order to win, you must prove that there was an act, intent, causation, and injury. However, for each tort, the type of intent, act, and injury will differ. This means the type of evidence you will need to prove your cause will also differ.

If you feel like you have suffered personal injury at the hand of another and you are considering bringing a personal injury lawsuit, you should discuss your situation with an experienced and knowledgeable personal injury lawyer as soon as possible. A good personal injury attorney will be able to tell you what proof you need to win your personal injury case. To find a personal injury law firm, click on your state on the left side of your screen.

Can I File a Personal Injury Lawsuit After an Accident?

There are all kinds of personal injury lawsuits, and there are all sorts of reasons for filing a personal injury claim. At the very basic level, a personal injury case is a tort action. A tort is a wrong that has been inflicted on an individual.

Someone may have committed a tort against you either intentionally or accidentally. You can still file a personal injury lawsuit against someone even when they hurt you by accident, as opposed to on purpose. What's more, many intentional torts are also crimes. While the purpose of a tort lawsuit is to give you the opportunity to recover for any harm caused to you, the purpose of filing a criminal action against the wrongdoer is to impose on him a punishment in addition to compensating you for your losses.

Whether someone injured you by accident or on purpose may determine the types and amounts of damages (compensation) that you can receive. That is why it is important that if you are considering filing a personal injury lawsuit against someone, you should first speak with an experienced and knowledgeable personal injury lawyer. A personal injury attorney will be able to tell you what options you have in your given situation. To find an experienced personal injury law firm, click on your state listed at the left of your screen.

Can I Sue for Personal Injury If an Illegal Immigrant Caused the Accident

After you're involved in a car accident or truck accident you have many thoughts going through your mind. How do you handle the insurance company? What do you do about your vehicle? What if the other driver didn't have insurance?

What about this question: Can I still sue for personal injury if the driver who crashed in to me was an illegal alien? That is a possibility. Another thing that needs to be looked at is whether or not the other driver was driving as an employee for a company.

If a trucker ran into you, there are even more issues that you have to look into. The trucking industry is highly regulated. They have to follow very specific rules about how long a driver may be on the road at one time, how much insurance they carry, what types of deliveries they can make, etc. To read an example of such a situation in Delaware, click here.

If you are in this situation, it would be wise for you to speak with a personal injury lawyer who knows the specific laws and regulations of the trucking industry. Only a personal injury lawyer who knows those laws will be able to give you the best advice. To find an experienced and knowledgeable personal injury attorney, click on your state listed on the left side of your screen.

Can I Sue Someone for Drunk Driving?

There are way too many victims of drunk drivers. There are way too many drunk drivers. There are way too many teenagers that drink and drive. There are way too many parents who allow their kids to have parties where beer is present, and then allow the kids to get in their cars afterward.

The families of two girls who were killed by a drunk driver are now filing wrongful death lawsuits against the parents of the teen drunk driver. Make sure you read that right. The families are not suing the teen drunk driver, but the parents of the drunk driver. This is because the parents threw a party where teens were drinking. This is a crime. Two girls lost their lives because of it. Read the full story here. While a wrongful death lawsuit will not bring back the two young girls, that is the only way justice can be achieved in our court system.

One important factor to note here is: How did the families of the two girls who passed away know that they could sue the teenager's parents? It must have been because these families hired a personal injury attorney. The families and their attorney must have done some investigation to find out exactly what the teenage drunk driver was up to that night, where he obtained the alcohol, and who provided him with the alcohol. It was very likely this work up front, that gave these families the opportunity to fight for justice.

This recent, real-life example shows how important it can be to hire the right personal injury lawyer--one who knows the right legal strategies that will help you win your case. To find an experienced and knowledgeable personal injury attorney that works in your state, look to the list of states to your left.

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