San Diego Personal Injury Lawyers
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The following contains information on select
sections found within personal injury law:
Class
Action Lawsuits | Elder
Abuse Cases | Malpractice
law
Serious Personal Injury | Tort
Law
Class Action Suits
This is a lawsuit filed by one or more people representing
the interests of an entire class of people in litigation "who
are similarly situated." Examples might include: all
women who have suffered from defective contraceptive devices
or breast implants, all those overcharged by a public utility
during a particular period, or all those who were underpaid
by an employer in violation of the Fair
Labor Standards Act. If a class action is successful,
a period of time is given for those who can prove they fit
the class to file claims to participate in the judgment amount.
Class actions are difficult and expensive to file and follow
through, but the results can be helpful to people who could
not afford to carry a suit alone. They can force businesses
that have caused broad damage to change their practices and/or
pay for damages. They often result in high fees for the winning
attorneys, although often attorneys do not collect a fee at
the beginning of a class action suit but might charge a contingent
fee (such as one-third of the final judgment), which, occasionally,
can be millions of dollars. Such fees usually require court
approval.
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Elder Abuse Law
- Physical abuse
- Neglect
- Abandonment
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Malpractice Law
Malpractice is an act or by a professional
who does not meet the standard of professional competence
and results in attestable damages to his/her client or patient.
Such an error may be carried out through carelessness, lack
of knowledge, or deliberate wrongdoing. However, malpractice
does not include the exercise of professional judgment even
when the results are harmful to the client or patient. Except
in cases of extremely obvious or intentional wrongs, in order
to prove malpractice there must be testimony of an expert
as to the acceptable standard of care applied to the specific
act or conduct which is claimed to be malpractice and testimony
of the expert that the professional did not meet that standard.
The defendant then can produce his/her own expert to counter
that testimony. In actions against attorneys it is mandatory
that the plaintiff prove that the error, if any, caused damages.
This means that a lawsuit, claim or negotiation the attorney
was handling would have resulted in a win or better recovery
except for the malpractice.
Plastic surgery malpractice is an act or by a professional who does not meet the standards
of professional competence as established by the American
Board of Plastic Surgery and results in attestable damages
to his/her client or patient. Such an error may be carried
out through carelessness, lack of knowledge, or deliberate
wrongdoing.
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Serious Personal Injury Law
Personal injury refers to the area of law
that aimed at protecting individuals who are hurt by the action
or inaction of another person or entity. A personal injury
claim can be filed for injury sustained by an individual either
physically or mentally, and it can sometimes include damage
to property. In certain situations a person may bring a personal
injury lawsuit on behalf of a loved one. Personal injury lawyers
seek to win compensation for their clients.
There are two factors present in every personal injury case:
liability and damages. The first involves indicating that
the person or entity being charged did in fact bear legal
responsibility for the injury. Damages, refers to the extent
or amount of injury or loss that was supposedly experienced
on account of the defendant's actions.
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Tort Law
A tort is a civil wrong or wrongful act,
whether intentional or accidental, from which injury occurs
to another. Torts include all negligence cases as well as
intentional wrongs which result in harm. Some intentional
torts may also be crimes, such as assault, battery, wrongful
death, fraud, conversion (a euphemism for theft) and trespass
on property and form the basis for a lawsuit for damages by
the injured party. Defamation, including intentionally telling
harmful untruths about another-either by print or broadcast
(libel) or orally (slander)-is a tort and used to be a crime
as well.
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