There Is No Standard When It Comes To Injuring The Human Body
A memorable, personal injury case that I tried involved a lovely British female who
claimed that her plastic surgeon ruined her breasts during surgery by re-attaching several parts in an uneven manner. The color photos I had of my client's breasts simply did not do justice to her injury when the time for the trial finally came. So, I asked the court to allow my client to physically display her damage to the jury. He conceded and allowed me to do so in his chambers. My plaintiff showed the damage to the jurors as they just stood there.While plastic surgeons may encounter numerous difficulties during breast surgery, some inflict such terrible damage that monies a jury might award will never compensate for the harm done. I have had numerous tort cases where I have presented exhibits showing the jury the many injuries my clients had to their bodies from surgeries. Having a jury view my client's breasts during this trial was probably the most sensational display that I've ever had to experience.
Tort is a term of art in the law that has no relationship to tart. The word tort actually is old French meaning turn awry or twist. It is very appropo considering the plaintiffs in a tort matter are usually broken, bent, bowed, or twisted out of shape in some way. In the modern parlance, tort really only means an injury that has been inflicted on the body or mind. Malpractice cases and personal injury cases against doctors are lawyers are certainly a kind of tort. Whether you have previous contact with the law via the result of a contract, real estate deal, or even in the commission of a crime.
There may come a time in your life, though, when you'll be looking for a tort lawyer due to the face a wealthy person's Cadillac has run into you. 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 fee works in that if a lawyer agrees to take your case, then he may receive from 1/3rd to 40% of the amount of money that you recover after your case is settled. If you do not win your case, then you owe no attorneys' fees.
In many areas, the tort lawyer will be able to advance costs to cover what he needs and then recover this back from the settlement. In the end, torts are simple yet complex events that are only limited by a man's ingenuity. Railroad accidents, boating mishaps, airline crashes, car wrecks, faulty products and many more are potential incarnations of the personal injury claim. 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. Essentially, it is a contractual agreement that in the event of any dispute between the parties, you will first attempt to settle via arbitration. Of course, some courts recognize these agreements and some don't, but the majority hold them to be invalid. More likely than not, they are illegal if the arbitration agreement prevents you from going to court.
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. It was the Supreme Court that gave criminal law the boost it needed under a chief justice who held office there from 1953 to 1969. 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. There are a great number of lawyers out there who are honestly capable, and who have gone around the law in order to engage in the political arena. Senate and Congress where they are able to use their knowledge of the law to write better legislation and determine the constitutionality of it.
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