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Money Received From a Personal Injury Claim Often Can't Make Up For What You Lose

BY: nicky joolly | Category: Education | Submitted: 2010-08-06 06:52:11
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Article Summary: "Medical malpractice cases are rather unusual in the fact they can be so dramatically different from one another in my past law experience - such as a case regarding a beautiful English woman and the damages done to her breasts by a plastic surgeon. There were some color images that showed the damage to the woman's breasts, but t.."

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The most difficult and interesting medical malpractice case I have ever encountered was the case of a beautiful English woman who made a complaint to me that her plastic surgeon placed her implants very unevenly. Her claim was that the surgeon had replaced sections of her breast unevenly, and as such, I had color photographs to use during the case, but I did not feel that the photos appropriately displayed the range of damage. Therefore, I made a request to the sitting trial judge for permission to have the jury see my plaintiff naked in front of them. The judge said, "Yes," to my request and everyone, including the jury, proceeded into his chambers. My plaintiff disrobed and stood before all the members of the jury in her glory and horror.

However difficult a surgery might be for a plastic surgeon, there's no justification for the horrendous mess this surgeon made when he hacked and slashed at my client's chest. In many of my tort cases I've often had to actually exhibit the injuries done to my client's bodies to show the breadth of damage done. However, this particular event remains as the single most dramatic moment in all my time in a courtroom.

The term tort has no actual relation to the non-legal term tart. It's derived from a French word describing the act of twisting or turning awry. It is very appropo considering the plaintiffs in a tort matter are usually broken, bent, bowed, or twisted out of shape in some way. But any injury that someone suffers to their mind or body can rightly be called a tort. Torts include both malpractice cases against lawyers and doctors, as well as personal injury claims. It's possible that the event which brought you to the point that the only remedy was legal action was a real estate deal gone sour, a contract dispute, a will, a medical issue, or even a crime.

However, you may have to deal with a tort at some point in your life if you have been injured and need a tort lawyer. It may surprise you to find out you are able to hire one of the top tort lawyers available for the same price you pay for someone with the least experience. The fee for this is commonly called a "contingency fee" and it's considered illegal in both Canada and England. This system works so that they lawyer will not charge you an upfront fee, but you agree to give them some number, usually one-third to 40 percent of the final settlement. If you end up recovering nothing, then you don't owe your lawyer anything.

Typically, the attorney can advance costs and then recoup them once the verdict comes in and the check is written. There are a wide variety of torts, as many torts as man's mind can come up with. Between planes, trains, and automobiles, and objectionable or too hot products, the possibilities for tort actions are endless. Hospitals and doctors are sued for tort matters, and the common denominator of all these tort actions is negligence.

Thus, anyone visiting a doctor in a growing number of jurisdictions is likely to receive a document and a request for a signature. It supposedly constitutes a waiver of your rights to litigate any disputes between you and the physician and an agreement to enter into arbitration instead. Courts have mixed opinions on these types of agreements, with many being considered invalid agreements. Also be aware if any arbitration agreement attempts to remove your right to take it to court, it's not legal.

One of your key rights in this country is the right to a jury. So regardless of which state you're in, you are entitled to that. The Chief Justice of the Supreme Court from the year 1953 to 1969 gave a big push to criminal law cases at that time. The criminal defense attorney is a staple in today's society in part because this chief justice revised many old rights and restructured other ones that were woefully outdated. The political arena houses many attorneys, and some exceptional attorneys have turned their back on their profession to participate in this arena, especially within the U.S. The Senate and Congress are both full of these lawyers who hold great influence over our laws, and what is or is not constitutionally acceptable.

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