Facing Assault Charges

Assault is the intentional act of causing another person to fear from any form of physical harm, despite the fact that the victim is not actually physically harmed. It is often confused (and usually listed together with) battery, but they are not the same charges. Assault only happens when a person intentionally instills fear of physical harm to another. In regards to assault, there are two types of cases that can ensure, and these are a civil case in the form of a personal injury claim and a criminal charge.

The necessary factors that are needed to win a personal injury civil lawsuit are just about the same as the ones needs in a criminal case, although there are vital differences between the two. In a personal injury civil case, the defendant (the person who assaulted) does not necessarily have any motive on inflicting harm to the plaintiff (the person who was assaulted). The defendant just openly intends to carry out an action that he or she knows would cause the plaintiff distress or apprehension. Punitive damages can be given if the defendant has a particularly evil motive in the assault. A key point in personal injury civil lawsuits is to assess the plaintiff’s reaction to the defendant’s actions, whether it was a reasonable reaction regardless of what the defendant believed he or she was doing.

Criminal cases regarding assault require the plaintiff to prove in court that the defendant has the intent to assault him or her. The judge or jury should determine without any reasonable doubt that the assault was intentionally decided by the defendant, or that the defendant did not regard that fact that he or she was assaulting the victim. A Nashville criminal defense lawyer can tell you that in criminal assault charges, the victim will have little voice on how the case is heard on court, and can only act as a witness when called.

Although criminal assault is consider a misdemeanor in generally most states, being charges with it can still cause serious damage to the life of the defendant. Criminal charges can lead to steep criminal fees and penalties and jail time. The best defense against assault charges is to have a good and trusted Nashville criminal defense lawyer who can protect the rights of the defendant. While going it alone may seem a viable option in some cases, the assistance of a lawyer can dramatically increase a defendant’s chances of having a more favorable outcome.

Variations of Medical Malpractice

There are many forms of medical negligence, also known as medical malpractice. Lack of consent is one of them, and when this type of violation has caused a significant amount of pain and harm to the patient, then the patient has the right to sue the hospital or doctor who has made the error. This is because medical malpractice is not only due to an error in misdiagnosing or surgical procedures, and also covers areas where doctors or medical professionals have performed procedures that the patients have not given consent to. This leads to the doctors giving their patients personal injuries, which are eligible for lawsuits and other damages.

The hospital and the doctor that is in charge of the patient have the responsibility to acquire the “expressed” and “informed” consent of the patient before proceeding with a medication or procedure. Most surgeries require the expressed written consent of the patient, and often the doctor will discuss the possibilities that can result from the treatment and it will not be done if the patient did not sign the form. Nevertheless, it takes more than just the patient’s expressed consent for the treatment to proceed, because the patient should also be informed regarding the risks and complications that could possibility arise during the procedure or treatment. Informing the patient regarding the possible side effects or negative outcome can inform the patient whether they choose to continue with the procedure or treatment or find other alternative.

A patient can file an injury claim for lack of consent if the doctor performed a procedure or treatment on the wrong part of the patient’s body, or if the doctor has performed a second, unnecessary medical procedure that resulted in harm to the patient when the patient has only expressed consent to one procedure. There are many other issues that can be reasons for an injury claim from lack of consent. Lately, there has also been the need for informed written consent for medications, since there are many prescriptions that can cause serve side effects that the patient should be informed about. According to the website of Williams Kherkher, one of the prescription medications that can cause severe health complications is Risperdal.

The main reason to express and inform the dangers and risks of a surgical procedure or medication to the patient is to have the patient fully understand the chances of success (along with failure) of the proposed procedure. By law, the patient has the right to make informed decision regarding their own body and health regarding permitting a procedure or medication or not.

Know Your State’s Personal Injury Laws

Every state in the United States has their own laws pertaining to personal injury claims, therefore before pursuing a claim, it would be best to consult a lawyer who is familiar with the personal injury laws in your state. In the state of California, a couple of laws can affect how you personal injury settlement or lawsuit end up.

In the state of California, the plaintiff (the injured party in the accident) has two years to file for a personal injury claim after the accident and after suffering from some type of injury. This is what is called the statute of limitations, and each type of claim can have a different deadline. According to the website of Ritter & Associates from San Diego, failure to follow the statute of limitations can cause the California court system to deny or refuse to hear the personal injury claim, and could cost you to lose your right for compensation. When the defendant (the person at-fault for the accident) is the city, county or the state of California itself, then the statute of limitation is six months after the accident to file for an injury claim.

Additionally, the state of California also follows “Shared Fault Laws” or comparative negligence rule. This means that if you, as the plaintiff, have a share of liability or fault in that accident, then the compensation you will receive will be affected depending on the percent of fault in the accident. Insurance adjusters that are not under the court’s ruling can question the comparative negligence rule during the settlement period, but you still have the right to negotiate regarding your claim.

It would help to do a little research regarding California laws regarding negligence and personal injury claims, however, if you want to know if you have a strong case against someone for causing an accident that resulted to a significant amount of injuries and damages, consulting a law firm can be beneficial since they have experience and knowledge about your state’s laws.

For information about personal injury law in Louisville, visit www.jeffsampsonlaw.com.

Concerns for Business Owners

Contract negotiation is one of the many concerns for business owners, especially since both parties want to gain maximum benefits in the agreement. This can occur either through electronic means or in person. Contract negotiation covers issues such as timeframe, cost, special considerations, and other business concerns that need to be addressed. It is important that all points are agreed upon by both parties, so that each party will have a fair and equitable share of the deal.

There are different types of contracts that can be negotiated – business, financial contracts, and real estate, among others. It can be difficult to determine how long a negotiation can last. It is important to note that an enforceable contract is the one where, under contract law, all the material elements regarding the contract have been negotiated and settled upon by the two transacting parties. A signed contract that both parties have negotiated and agreed on can provide a strong foundation that can establish a long-lasting relationship between both parties.

Involving lawyers can be critical because negotiations are generally a team effort. According to the website of the Mokarram Law Firm in Houston, Texas, it is important to find a quality and client-friendly lawyers that are knowledgeable in this type of legal matters so that they will know to fill the gaps that may have been forgotten during the negotiation as well as point out any other legal issues that may come up or become a problem in the long run. For example, you wouldn’t want a maritime lawyer handling a personal injury case.

Make sure you know how to manage your lawyer; provide necessary guidance and instructions that you think is important in your negotiations. It may be tempting to just give the responsibility of contract negotiation between the lawyers, but it become counter-productive since it is ultimately the client’s decisions that are going into the contract.

Another thing that needs the help of a lawyer is estate planning, where contract negotiation is also a part of. There are so many things that need to be prepared regarding the person’s assets or estate like planning a will or making a trust fund, buying insurance, and other legal documents. Good estate planning will make the transfer of the properties and assets more smoothly, with minimal fuss and expenditures after death, while proper business formation can help a venture be profitable enough for these factors to come into play.