Author Archives: Lisa Cooper

Minnesota State Laws For Wrongful Death

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Wrongful death statute of limitations

more on Wrongful death laws

Wrongful death laws can vary with the State in the US. Most of these variations revolve around the compensatory claims associated with wrongful death. This article will throw light on the Wrongful Death law practiced by the judicial system in the State of Minnesota.

More on Wrongful death laws

These laws are charged against an act of negligence by a person that might have led to the death of another. These laws are more often concerned with the medical profession. For example a medical practitioner can be negligent and may cause the death of one his patients. Majority of the these acts occur at the time of surgeries or while performing other complicated medical check ups. On rare occasions, medical negligence also occurs when the doctor prescribes a wrong pill to his patient. Compensations can be demanded on the same grounds by the family members of the deceased. The rules regarding filing of these compensations can be confusing for many. Here are the various aspects of filing a lawsuit for the same cause.

Wrongful death statute of limitations

Wrongful death laws

Wrongful death statute concepts

These are limitations placed to prevent a person from claiming compensation after a longer period since the death of a person. According to theWrongful death statute of limitations of the State of Minnesota, the lawsuits regarding wrongful death are supposed to be filed within a specified period of time. Most often the specified period is for 3 years after the date of death of the individual. Here, the most important clause or condition is that the family of the deceased person should prove that the death of the individual was caused due to the negligence of another individual. The submission period of lawsuit with regard to medical malpractice is also 3 years post the date of death. This time limit can be extended in rare cases.

The eligibility criteria in order to file lawsuit

Under the norms of the law, the family members of the deceased are eligible to file the wrongful death lawsuit.  According to the laws of Minnesota, a special terminology is used to refer the family members of the deceased person. They are called the wrongful death trustees.

Now, the filing of the lawsuit cannot be performed by a distant relative of the individual. This has to be done either by the parents, wife or the children of the deceased individual. Wrongful death trustess are eligible for compensations only if the evidences are produced to support  the claim that death was caused due to gross negligence.

Statute Of Limitations In A Wrongful Death Suit

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wrongful death claim

When should you make the claim for wrongful death? As per the “discovery rule statute of limitations” and “negligence statute of limitations” a wrongful death claim is allowed only if it is submitted within a specified time. An untimely or late application will not get approved by the law. According to wrongful death statute of limitation the claims is accepted only after it meets certain conditions like on time submission, cause of death etc.

Each American State has its own statute of limitations and conditions for filing such a claim. Even though it would be hard and traumatic for the family members, timely submission is required for availing justice. A claim submitted after the expiration limit is rejected unless the case has seen gross negligence by a party.

As mentioned under the wrongful death statute of limitations, submission period varies from state to state. Some States demand a claim submission within a couple of months after the death. Some States also consider other factors like “whether the victim died immediately on the spot”, “the cause of the accident” etc.

Wrongful death statute of limitations factors

wrongful death

Wrongful death cause

There are some factors that the judiciary considers before accepting a claim submitted after the limitation date. To submit a claim you need to know the exact cause of death. The judiciary extends the submission date only if the exact cause of death has been confirmed. File in this reason when you submit the claim.

The rules again vary between States. Your claim may not get accepted if the death was caused due to a defective product like a pharmaceutical drug. So the type of death can also influence the submission period.

Don’t wait to determine the cause of death if you feel that you can prove wanton negligence. Investigate and submit all the necessary details and evidences that can support your claim of wrongful death during the time of hearing. You can seek the help of an experienced attorney if necessary to speed up the legal proceedings.

Make sure that you submit your claim with all the necessary details before the date set forth by the statue of limitations. Students of law ought to study the statute for not just situations of wrongful death but other cases as well.

 

 

The Role Of Negligence In Delaware Slip And Fall Cases

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Slip and Fall

Contributory Negligence States of US

Accidents happen all the while and injuries are inevitable in accidents and perhaps the victims always claim damages or compensation. One of the major premises of accidents is ‘slip and fall,’ a special type of case wherein accidents happen due to fall and such fall happens by slipping over something thereby injured sustaining injuries which are claimable under the head slip and fall as a subset of the law of tort. Let’s elucidate the concept of slip and fall with special reference to Delaware slip and Fall laws.

Slip and Fall Claims

Slip and fall cases happen when there was negligence in maintaining the property which leads to accidents. Slippery flooring, dangerous pavements, hidden roots, ice not removed properly, sideways unfit for walking and so on are some of the instances that lead to slip and fall cases. In a slip and fall claim, it is for the claimant to demonstrate that the accident happened only due to violation of duty by the owner, who thereby negligently let the accident happen which otherwise would have been avoided by applying reasonable care or by having constructive notice of the hazard. The law presumes that the owner of the property had acted negligently and caused personal injury to the victim and hence the case is liable for the claim.

The plaintiff in a case of slip and fall is entitled to claim damages for injuries sustained towards loss of earning, medical bills and for pain and suffering. The damages awarded will be on par with the nature of injury in cases involving serious damages to body parts such as spinal cord, head or even death; higher the damage, more the compensation. Contributory negligence states may differ in the implication and application of law.

Since negligence is the prime point for consideration in slip and fall cases, the claim will always be

Slip and Fall

Contributory Negligence States approve contributory negligence

countered by invoking the principle of contributory negligence before arriving at the damages. Usually usurped in defense, law pertaining to contributory negligence has it that it is also the fault of the injured that paved for the accident and consequential injuries. However, contributory negligence states like Delaware have it that even if the negligence of the injured had role in causing the accident, it will not restrain him from claiming damages if such negligence was less than that of the property owner’s. The damages herein will be limited by such contributory negligence of the plaintiff.

Various Types Of Writ Petitions

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writ of habeas corpus definition

What is a writ and its various types

A writ is generally used to protect the rights of an individual or to ensure the proper functioning of the system of justice. When a writ petition is filed, a court of higher rank demands the lower court to take a particular action to preserve the rights of a country and its citizens. Broadly classifying, there are several of types of writs in the judicial system; a few of these are discussed below.

Habeas Corpus

The general Writ of Habeas Corpus definition states that a person should be released from detention if a writ is filed to present the defendant in court so as to argue the petitions filed in the charge sheet. The writ preserves the right of a citizen from being arrested unlawfully.

The phrase ‘Habeas Corpus’ is derived from the Latin language which means ‘You have the body”. If the detention does not have any legal basis, it will be annulled by the court, which should be respected by the detaining person or authority. It is also used when the life of a person is in danger following improper jail conditions or other risks during detention.

Prohibition

court

Definition of the writ of habeas corpus

As the name suggests, the writ of prohibition is used by a body with administrative or judicial jurisdiction to prohibit a lower court from taking action on a particular case. The higher court will consider the case following this. This writ is used when it occurs that the lower court is outside jurisdiction to handle the particular case.

Mandamus

This writ is used to make sure that the Government system and its officers are following their duties properly. An administrative body of higher rank gives the writ of Mandamus to a subordinate court, corporation or public authority to demand additional care to be given on their duties and functions. The concerned authorities are required to forbear from doing certain acts that are unlawful.

Certiorari

Unlike the above-mentioned writs, this writ is filed by the lower court. It is used when a subordinate court finds that the decision made by a superior court appears to be inapt. The higher court will then be asked to review the decision it made and take required actions to fix it or take it back.

The parliament sometimes exercises the ‘dropping the writ’ where the parliament dissolute and begins an election campaign to form a new writ.  The writ of habeas corpus definition is the most referred writ in the judiciary system.

Best Way To Choose A Personal Injury Lawyer

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Anaheim personal injury attorney, lawyer

personal injury lawyer in anaheim

Accidents can occur anywhere, anytime. It can happen on the road, at home, at work place, etc. You can can get hurt because of the negligence of another person/persons. Sometimes, they may refuse to give you the required compensation to you. Here lies the relevance of a personal injury attorney who can get you the right compensation from the responsible parties.

Anaheim Personal Injury Attorney

As I mentioned in the above paragraph, in the case of accidents, irrespective of its type, you need to appoint a personal injury lawyer to get you the required compensation. In the general sense, the accidents can cause you severe injury. It can happen within the work environment, home environment or even in the public places. In all such instances it is much better to appoint a personal injury attorney who has enough experience in fighting against such personal injury cases. Before choosing a personal injury lawyer, you need to follow certain steps.

Steps to Choose a Personal Injury Attorney 

In order to get an appropriate personal injury lawyer to act on behalf of you, you need to follow the procedures as given below:

  • First you should contact the American Bar Association for a referral list of personal injury lawyers.
  • Then select a few names and talk with your friends and relatives and ask them whether the selected lawyers are good one or not.
  • You can ask your present lawyer for some referrals. They may be having certain contacts with some lawyers who are specialized in personal injury cases.
  • You need to be careful to select those lawyers who are well known for their higher success percentage, like  Anaheim personal injury attorneys.
  • Then set up an appointment with the selected lawyers and should enquire about their previous experience in similar cases.
  • You should also inquire about the fees. You need to get clarification about the fees in the initial consultation phase.
  • You need to spend some time with the particular lawyer before appointing him/her. You must be patient enough to ask for regular updates. You must also get convinced about their negotiation
    Anaheim personal injury attorney, lawyer

    attorney in anaheim for personal injury

    ability.

  • You must keep in touch with the lawyer for knowing the current position of your case.

This is all about appointing a personal injury lawyer for acquiring compensations.

The Role Of Contributory Negligence In Personal Injury Cases

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Contributory Negligence and Tort

The doctrine of contributory negligence states that, in a claim for personal injury, the negligence on the part of the plaintiff and the defendant are considered by the courts before determining the amount of damages the plaintiff is entitled to. If the negligence on the part of the plaintiff was partially responsible for the accident, then his negligence is considered to have contributed to the overall negligence due to which the accident ensued. Such negligence by the plaintiff is known as contributory negligence in law.

Examples of Contributory Negligence

In a case involving contributory negligence, it is for insurance attorneys of the defendant to present before the court that negligence on both sides that was responsible for the accident. Thereby the injuries caused and costs incurred should be viewed through the principle of contributory negligence. Thus the liability of the insurance company reduces.

Negligence can be the result of action or inaction by the parties involved and if one person does not act with reasonable care, then his action may result in injury to the other person. He is therefore said to have been negligent which may be intentional or otherwise.
In the case of wrongful death and injuries happening at worksites, the claim will be in the form of wrongful death claims and Workers’ Compensation claims rather than personal injuries claim. However, the underlying governing principle will be negligence in both cases.

In cases involving contributory negligence, it is for the claiming party to substantiate that the accident and personal injuries sustained were only due to the negligence of the other party, the defendant, and he was no way responsible for the negligence in any part thereof. If the defendant is able to establish even 1% of contributory negligence from the plaintiff, then he will be held liable for same.

Thus from what the doctrine of contributory negligence states and embodies is that there are three

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Contributory Negligence and Remedies

basic elements that contribute to negligence in personal injury cases.

(i)                 The claimant is partly negligent and responsible for the accident.

(ii)               Such negligence resulted in personal injury or damage.

(iii)             The defendant deserves reduced damages that are just and equitable in the eye of the law.

States have followed that the doctrine does not redeem the defendant of his fault nor does it forgive him of the act. Instead, the law that deals with contributory negligence states that the plaintiff or the victim to accept the share of his fault thereby barring him from getting compensated to the extent of his share to the negligence.

 

 

 

Steps To File A Habeas Corpus For Family Cases

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How to file a writ of Habeas corpus petition

Habeas Corpus is a writ or procedure that protects a person from illegal detention by another person(s) or other authorities by being ordered to appear in court to argue their case against such a detention. In such case, the holding authority has to comply with the court’s ruling and present the detainee failing which he or she could be tried for contempt. Although usually used in criminal cases, this procedure can be also used for family law disputes. The writ of habeas corpus is a protection force against violation of a person’s fundamental right of freedom.

For example, a parent can try to secure the custody of a minor child if it happens that the other parent has taken illegal custody of the same. Thus, according to the writ of habeas corpus definition, the dispute will have to be taken to court and the arguments of both parents will be heard.

Given below are the guidelines to file a family law based writ of habeas corpus:

Instructions

Steps for filing the writ in family law cases

Steps for filing the writ in family law cases

  • Consult a lawyer and discuss your case. The lawyer will then prepare a case and decide how the petition will be filed.
  • Verify which court has jurisdiction to hear your writ. The Supreme Court has jurisdiction to hear the writ in New York and the Superior Court in Georgia.
  • Fill the writ with all the required details. The case petition is to be written at the top of the writ defining the various fields. The writ of habeas corpus definition should include the name of the court, the county and the state from where you are filing the petition.
  • In the “Petitioner” field, write your name. Fill in the “Respondent” field as “v. [Person wrongfully detaining child]“.
  • Center the title and write it under the case caption. Label the title as “Petition for Habeas Corpus.
  • Mention the reasons for filing the writ. Write in detail the events the occurred that made you file the case. Mention about yourself and how your child was wrongfully detained.
  • Take a copy of the petition and send it to the clerk in the court who has jurisdiction.
  • Along with the petition, mention the details of the current location of the respondent so that the court can send a notice and a copy of the document.

A minimum of ten days is granted to the defendant to appear before the court along with the detainee.

Steps to File A Petition For Habeas Corpus

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How to File a Petition for Habeas Corpus

The term Habeas Corpus is a Latin word which actually means “you have the body.” Nowadays it guards the rights of each citizen when it comes to unlawful custody. No one has the right to hurt your physical integrity by keeping you in custody without fair and solid evidence. The writ of habeas corpus definition is a legal instrument that proves time and again to be confusing to most of us. The accused prisoner or his lawyer files a petition of habeas corpus when he would like the court to issue hear a case against the detention of a person. The court will then have to decide if the detention is permissible under law. Habeas corpus petitions are treated by court with higher priority than any other civil case and are placed at the top of court dockets.

Learning how to file a habeas corpus petition is simple once you familiarize yourself with how the legal system works. In this article, you will learn step by step procedure to file a habeas corpus petition!

Instructions to file a petition for habeas corpus:

introduction to habeas corpus

introduction to habeas corpus

  • First you need to make sure that the habeas corpus form you have acquired is authentic. You can purchase the original habeas corpus form from either the federal court or the state court.
  • Study the form thoroughly. In the form you will find provisions to enter the details of the prisoner and those of the person representing him.
  • The habeas corpus petition can be filed in cases where a person has had to suffer illegal imprisonment, when probation is unfairly denied or when bail is due. Depending on the issues of the case, prepare a statement that is to be addressed to the court.
  • As the next step the court will either issue a writ of habeas corpus definition that includes a hearing of the petition filed with the presence of the detaining authority and the detainee or decline the petition altogether. The authority against which the writ has been issued needs to respond within 10days.

So it is always safe to have a good idea of the legal system before applying habeas corpus petition and in fact, any other legal adventure for that matter. You can avail more information about the topic online. Students of law need to go through this very important aspect of law in detail by going through previous judgments on the same.

What Do You Mean By Pure Comparative Fault?

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Pure Comparative negligence

how to win Comparative negligence

If you’re involved in the process of deciding the extent of damages and fault in a claim over personal injury, many different routes can be taken to determine what goes to whom. Pure comparative negligence is what renders the claimant eligible to receive damages but if it’s proven that they were responsible in part for the accident, then their damages would be reduced proportionately, according the amount of fault they are assigned. For instance, if the court decides that the injured party must be assigned 20% of the blame for the accident, then the damages they receive would be reduced to 80% of what they would be entitled to otherwise.

The more conventional form of contributory negligence is different from the concept of pure comparative negligence. According to the latter, if the injured party were decide to be even 1% at fault for the accident by the court, it would render them ineligible for any damages whatsoever. Therefore the claimant would have to prove beyond a doubt that the defender was wholly responsible for the accident, if he wished to win damages.

If you’ve been in an accident recently, regardless of whether it resulted from medical malpractice, a

form of contributory negligence

how to accuse of Comparative negligence

workplace accident, or even a slip and fall, you probably have sufficient cause for a personal injury claim. If you’d like your case be heard and wish for a chance to have questions you might have about liability answered, then the best thing to do would be to consult a personal injury lawyer, preferably one who is part of a law firm. You could even solicit the services of a private lawyer who has his own practice.

A lawyer is bound to be highly and extensively experienced in the matter, and hiring one will ensure that you’re not without assistance at any point along the way. They would be well aware of the stakes while making a personal injury claim, and all their efforts would be directed towards obtaining a verdict that would best serve your interests. Don’t hold anything back while discussing the case with them, as any small point could be of consequence.

Before you decide on which lawyer you would have represent you, make sure that you finalize issues regarding the lawyer’s fee. The more experienced ones would be demanding a higher figure. Moreover, you can either pay them upfront or they may seek a certain percentage of the damages received.

 

 

How Comparative Negligence Can Be Calculated

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how to determine comparative negligence

The concept of comparative negligence deals with the guilt that can be rightfully assigned to a person in the event of an accident. When you’re looking at drunk driving, the responsibility of the driver for the accident is absolute, both in the eyes of the law and the insurance companies. Even then, many times, no single party can be faulted for the accident. It is in cases like these that comparative negligence has to be calculated, so that the percentage of blame to be assigned to each party can be decided.

How comparative negligence is different from contributory negligence

The statute governing contributory negligence states that if a person is proven guilty of negligence that contributed to the accident that caused his or her injury, he or she has shown “contributory negligence”.

The statute for pure contributory negligence states that if the person is proven guilty of even the slightest contributory negligence, he cannot sue for damages. Comparative negligence, also called non-absolute contributory negligence outside of the United States, is what brings down the damages that the plaintiff can recover.

finding comparative negligence

how to find the comparative negligence

  • Conduct an investigation into the accident. If you didn’t witness the accident, get in touch with someone who did. Make an observation of where the accident took place. Write down the situation and circumstances of the parties that were involved in the accident. For instance, if you’re looking into an accident which involves an area under construction, then you might want to take a look at the safety measures in place, the work history of the worker, the dangers that a worker faces, and the aspects that the management might have overlooked.
  • Get reports from the police, the hospital, and eyewitnesses. These are what will give the information used by the courts and the insurance companies, to arrive at the percentage of comparative negligence.  It’s important to get your facts straight, on where, when and how things happened as they did.
  • Get in touch with insurance companies and get a hold of their official report on the incident. Their reports could differ from other reports and can be used to strengthen or weaken arguments. Moreover, the calculation for the comparative negligence will be included in the report.

These are the ways to go about calculating comparative negligence. Hope this information was relevant.