The Elements Of A Tort

When you are injured in an accident or become ill, you may be faced with a financial burden that includes heavy medical and rehabilitative costs, loss of work income, and other expenses and losses that you are unable to afford or recover. When the cause of your injury or illness can be traced back to another individual or group, however, they may be financially responsible for not only your monetary losses, but your physical and emotional suffering as well. This area of the law is commonly referred to as tort law, and proving that someone is responsible for another person’s injuries is the prerequisite to obtaining compensation. In order to show that someone’s case qualifies as a tort, the situation must meet four basic criteria. The four elements of a tort include:

1.) Duty of Care The person who is allegedly responsible for the injury (the defendant) had an existing duty to avoid actions and behavior that might lead to an injury. For example, a person who invites guests to their home has a duty of care to the guests to warn them of any possible hazards on their property which may cause them injury, such as an area under construction
2.) Breach of Duty of Care the defendant violated their duty of care, i.e., failed to warn guests of the hazard
3.) Injury The plaintiff was injured
4.) Breach of duty as proximate cause the breach of duty by the defendant was the reason for the injury

When all of these factors are present in a case, it is highly likely that the court will award the plaintiff with a level of financial compensation suited to the damages they suffered. If you are considering pursuing legal action in a tort case, you will need the knowledge and skill of an experienced attorney to help you fight your case. To learn more about tort law and compensation, contact a personal injury attorney today.

Factors Of Child Custody Agreements

Child custody is one of the most contested issues in divorces in America. Each parent likely cares deeply about any child involved in a divorce, and may want to settle custody issues with legal representatives involved. In many cases, joint custody is awarded, in which both parents retain custody of their children, but one will be the primary custodial parent and the other will be the secondary. This means that the child will reside primarily with the primary parents and in shorter periods with the secondary parent.

In addition to determining joint or sole custody, however, there are other factors of child custody agreements that must be worked out for divorce negotiations to be finalized. In many cases, spouses will have to discuss and agree upon a settlement addressing:

* Sole custody v. Joint custody
* Physical custody v. Legal custody
* Visitation Rights
* Child Support Payments

These issues can arise time and again during divorce negotiations, and many spouses find it very difficult to agree upon a course of action. In a lot of cases, one spouse feels that he or she should have sole custody over a child or children because he or she thinks that their spouse is not fit to have custody. However, the other spouse might argue the same problem about that spouse. Its easy to see how custody disagreements can be extremely complex, and much of it depends on the willingness to agree on the parts of each spouse.

Child custody agreements are only one part of divorce negotiations when there are children involved, and this process can be taxing and disruptive. If you want to make sure that your needs are being met and that your cares are being fairly represented legally, legal intervention might be necessary. If you are going through a divorce involving child custody, contact an experienced Monmouth County divorce attorney today to discuss your case.

Car Accidents And Driver Error

Car accidents are one of the most frightening and sudden experiences someone can go through. No one is prepared for a car accident when it happens, and most people are also unprepared for the ongoing consequences of being involved in a car accident. For this reason, it is not just considerate to drive safe, it is also everyone’s duty to do so, for the sake of themselves and everyone’s safety. Unfortunately, many people begin to take for granted even the most simple of safe driving behaviors and can become careless when they’re behind the wheel. What this often leads to is driver errors. While a driver may be able to make a series of mistakes without consequence, all it takes is a lack of attentiveness at the wrong time for a simple mistake to become a severe accident. When that error causes someone else to be injured, the injured party may be able to hold that driver legally liable for their injuries, and thus obligated to provide financial compensation.

Examples of Driver Error

Driver error can mean a lot of things. In general, it is any type of dangerous driving mistake that is made unintentionally, which separates it from reckless driving. Some common types of driver error include:

Accidentally running a red light or stop sign
Failure to yield
Accidentally going above the speed limit
Accidentally going the wrong way down a one way
Failure to use turn signals when turning

This is just a short list of all of the many types of mistakes that can be made while driving which may end in a serious accident. Even though most driver errors are not intentional, those who cause accidents can still be held liable. If you or someone you love was involved in a car accident because of a negligent driver, you could be entitled to financial compensation for your pain and suffering. To learn more, contact a Stevens Point, Wisconsin personal injury attorney.

Wrong Site Surgery

Many injuries and illnesses often require several methods of treatment, often utilizing both invasive and non-invasive procedures. Invasive procedures are typically those that involve surgery, and are usually accomplished through the combined efforts of several medical professionals. Unfortunately, they do not always provide the patient with responsible care and sometimes make mistakes, such as wrong site surgery. This error can be used to describe various injuries, such as an operation occurring on the wrong part of the body. According to the website of the Sampson Law Firm, when medical workers fail to follow hospital protocol or are otherwise negligent, innocent patients run the risk of suffering severe harm in addition to their current injury or illness. Fortunately, those who have suffered wrong site surgery may be able to hold the negligent medical professionals accountable for their physical trauma, medical bills, and other losses.

Types of Wrong Site Surgery

An error such as wrong site surgery often occurs when different teams of medical workers fail to properly communicate with each other. Surgeons who do not know the intent of the procedure or are unaware of any critical details are more likely to create a harmful and avoidable injury. Several different types of wrong site surgery are as follows:

  • Operation is performed on the incorrect patient
  • Operation is performed on the wrong body part
  • Incorrect operation is performed on the right body part

Wrong site surgery can lead to severe injuries that could have a lasting effect on a patients life, potentially requiring additional medical treatments and expensive hospital bills.

Legal Options

If you were the victim of wrong site surgery, you should consider taking legal action against the negligent medical professional. It may be in your best interest to contact a medical malpractice attorney, who can help you determine what your best legal options are for pursuing the compensation that you may deserve.

Lane-splitting And Motorcycle Accidents

Motorcyclists need to carefully follow the same traffic safety laws other motorists must obey and avoid unnecessary risks or dangers just to move more quickly through traffic. In particular, motorcyclists should stay within traffic lanes. If a motorcyclist violates lane boundaries by engaging in lane-splitting, or riding in between lanes of traffic to move through gridlock faster, they may cause a collision with a motorist. If this collision causes an injury to that motorist, the motorcyclist’s dangerous actions may be grounds for a compensation lawsuit by the injured driver.

The Dangers of Lane-splitting

Many accidents between cars and motorcycles result because a driver doesn’t clearly see a motorcyclist before turning or changing lanes, or fails to share the road with a motorcyclist. In these collisions, the driver is often held responsible for the motorcyclist’s injuries. However, it’s unreasonably difficult for a driver to see a motorcyclist lane-splitting in many cases. Moving quickly through traffic down an area that is technically not a lane of traffic, these riders may put themselves and others at great risk for a collision.

Factors in Lane-splitting Accidents

Depending on the factors at play in the accident, it may be more common for a motorcyclist to be held negligent for causing an accident while lane-splitting. Specifically, riders attempting this maneuver through fast-moving traffic, not vehicles stuck in gridlock, may be held responsible if anything goes wrong. Riders also shouldn’t ever lane-split if the weather could compromise their control over their motorcycles. One of the other major factors is experience on a motorcycle. Novice riders attempting to lane-split may be considered reckless riders in case of an accident.

Contact a Legal Advisor

If you’ve sustained an injury in a collision with a dangerous motorcyclist, you may be eligible to pursue financial compensation for your injuries. To learn more about your legal options after an accident, contact a Waukesha car accident lawyer today.

Internet Crimes

In recent years, an abundance of multimedia technology has allowed the internet to become an integral part of many peoples everyday life, often playing a central role in both work and social environments. Unfortunately, along with the proliferation of people using the internet come certain offenses and crimes that are unique to the internet community, such as identity theft and fraud. Crimes such as these are often treated quite severely, often including felony charges that reach the federal level. Being charged with such offenses can have serious consequences that include significant and potentially life-altering penalties, especially if you are unfamiliar with the way court systems treat criminal cases involving internet crimes.

Types of Crimes

There are a number of different illicit online activities that an individual may be accused of. The charges for such offenses will depend on many variable factors, such as the nature of the alleged crime and the available evidence. Following are several illegal activities that constitute internet crimes:

Hacking breaching secure material

Crimes against children cyber stalking and soliciting minors

Child pornography possessing, printing, exchanging, or distributing media containing a minor participating in sexual acts

Identity theft credit card and bank fraud, and otherwise illegally using someones identity


Law enforcement officers will frequently investigate individuals who they suspect of committing internet crimes, and may even go so far as to lure them into committing an illegal act. If you suspect that you may be charged with one or more internet crimes, you shouldnt hesitate to take legal action to protect your rights.

Legal Options

Every United States citizen has the right to a fair trial and is innocent until proven guilty. If you are facing internet crime charges, it may be in your best interest to contact a Nashville criminal defense lawyer who may be able to help protect your interests and provide you with professional legal representation.

The Importance Of Road Signs And Road Paint

Government transportation authorities have a responsibility to drivers on public roads to create a sense of order that can protect drivers from unnecessary collisions. These transportation agencies often use road signs and road paint to create enforceable rules on the road that are easy to see and follow. However, failing to provide these signs or these warnings through road paint can put motorists at significant risk of a collision. If a motorist is injured because of a lack of signs or paint, that transportation agency may be held liable for the cost of that injury.

Warning about Changes in the Road Ahead

One of the most important functions of a road sign or road paint is providing ample warnings for major changes in the road ahead. When lanes end or automatically merge, there needs to be enough warnings for motorists to adjust accordingly and avoid colliding with other motorists or running off the road unexpectedly. These signs should also be provided whenever the terrain or locality of the road could seriously affect a driver’s safety. Warnings for pedestrian crossings, falling rocks, and other scenarios can help drivers prepare for and avoid a dangerous scenario.

Controlling Chaos on the Roads

Transportation agencies have several tools available to maintain order on the roads. Namely through stop and yield signs, government agencies can help motorists avoid accidents by better organizing the flow of traffic. However, failures in controlling traffic when a sign or indication through paint is obvious may make the agency liable for the result of their mistake.

Without certain warnings or indications about who should stop or who has the right of way, traffic may grow unruly and produce destructive collisions between motorists. These can often be prevented through signs or paint.

Moving Forward with an Injury Claim

If you or someone you love has been injured as a result of a government agency’s neglect, compensation may be available through an injury lawsuit. For additional information about your legal options in filing a claim, contact a Kenosha, Wisconsin personal injury lawyer.

Using An Expert Witness In Your Medical Malpractice Case

With all of the risk associated with many medical procedures, it is hard to believe that one of the most dangerous risks is one that many people don’t even think about. Medical professionals like doctors, surgeons, specialists, and nurses go through years of schooling and training before they can become licenses professionals. Unfortunately, even after years of schooling and work experience, medical professionals are not exempt from making mistakes. If you take legal action and file a medical malpractice case to hold a medical professional liable, you may want to consider using an expert witness to help strengthen your claim.

As a patient, you expect medical professionals to act responsibly and carefully at all times to accurately diagnose your condition and then effectively treat it. Not all medical professionals live up to these expectations. If you have been injured because of a negligent doctor or nurses actions, you may be able to fight for financial compensation by filing a medical malpractice lawsuit.

Why Expert Witnesses are Beneficial
Medical malpractice cases are generally too complicated for non-medical professionals to understand without some sort of explanation from an expert. An expert testimony from a medical professional can help you with the following:

* Explain the standard of care a normal doctor would have followed
* Talk about the actions that breached the standard of care
* Present medical records about your injury
* Discuss the financial costs of medical procedures

With an experts testimony, you can strengthen your claim against the doctor responsible for your injuries. He or she can also help maximize the amount of financial compensation you can recover to pay for damages.

Contact Us
For more information about how a legal professional can help you find the best expert witness for your case, contact a medical malpractice lawyer today.

Explosion Accident Legal Terms

Explosion accidents are unexpected and shocking experiences which frequently leave those involved with severe, sometimes long term injuries. Not only do those involved and their families suffer from the physical and emotional toll of the accident, but they are often faced with overwhelming medical costs. Because of the significant emotional, financial, and physical toll, many people choose to take legal action against those who are responsible for the accident. Through legal action against negligent corporations or property owners, explosion accident victims are able to seek the financial compensation they need, and the justice they deserve.

Important Accident Lawsuit Terms

If you are considering taking legal action, it is important to understand a few key terms in order to learn more about personal injury lawsuits. Important terms include:

#1: Negligence

In personal injury law, negligence means any act (or lack of action) which causes injury or harm to someone else. When it comes to deciding whether or not the person is liable for those injuries, there must have existed a duty of care, which means that the person who caused the injury had a responsibility to avoid harming others (i.e. drivers have a responsibility to drive safely in order to protect themselves and others).

#2: Tort Law

Tort law is the area of the law under which explosion accidents fall. It is commonly referred to as personal injury law. Other tort law cases include product liability, medical malpractice, and car accidents.

#3: Damages

The term damages is used to describe the areas of the victim’s life that were harmed. This includes emotional and physical suffering, financial burdens, and other losses suffered by the victim. The types and amount of damages are used to determine the level of compensation owed to the victim.

#4: Compensation

In legal terms, compensation is the financial amount awarded to the victim of the accident by the defendant. Compensation is often obtained from the insurance company of the person who caused the accident rather than the actual person who caused the accident.

According to the website of the explosion lawsuit attorneys of Habush Habush & Rottier S.C. ®, many people who are injured in explosions are completely innocent of any wrongdoing. Entities that allow dangerous situations that cause explosions can be held accountable for the injuries sustained by the victims of their negligence.

How Can I Keep My Vehicle If I File For Chapter 7 Bankruptcy?

Dealing with financial difficulty and a seemingly overwhelming amount of debt can place a large amount of stress on every aspect of your life. Fortunately, you have options for getting out of debt so you can move on with your life and start rebuilding your credit score. One option debtors have is Chapter 7 bankruptcy, also known as liquidation bankruptcy because debtors can achieve debt forgiveness by liquidating some assets.

For many people, the thought of losing property and assets is a major issue and may even stop them from filing for bankruptcy altogether. This is especially true for bigger assets like homes and motor vehicles. Having access to reliable and personal transportation can be very important in running a family and getting to and from work. Fortunately, you can keep many of your assets, including your motor vehicle, through bankruptcy exemptions and other actions.

Keeping Your Automobile
If you are filing for Chapter 7 bankruptcy but want to take action to keep your vehicle, discuss the following with a bankruptcy attorney:

* Exemptions According to the North Carolina bankruptcy code, debtors can exempt up to 3,500 in equity on their vehicles. If the equity is more than 3,500, you can use the wildcard exemption to cover the remaining amount as long as the vehicle was purchased more than 90 days prior to the bankruptcy filing.
* Reaffirmation Agree with the car finance provider that you can make payments on the vehicle without discharging your debt.
* Redemption pay the finance company the value of the vehicle

By speaking with a professional and skilled bankruptcy attorney, he or she can discuss your options for keeping your vehicle after filing for bankruptcy. For more information about your bankruptcy case, contact a Raleigh bankruptcy lawyer and take action today.