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Car Accident

Each year, thousands die because of motor vehicle crashes. Caraccidents involving the collision of two cars are the most commontype of crashes, although a large percentage of fatalities in caraccidents involve motorcyclists and pedestrians. Because of theincreasing number of property damage, personal injuries and deathsdue to car accidents, states put in place legal rules to determinewho is responsible for the damages resulting from a collision.

Car accident law consists of the principles of negligence, which isgoverned almost entirely by state law. There are differences instate laws governing claims or suits seeking damages resulting fromcar accidents, but typically victims must prove the following: (1)presence of duty of care, (2) breach of such duty, (3) the breachcaused personal injuries or property damage, and (4) and the victimincurred monetary losses.

In terms of duty, drivers are legally obligated to obey traffic rulesand drive their vehicles with reasonable standard of care, whichmeans maintaining safe speed, exercising awareness and observingtraffic signals. During litigation, the existence of duty isgenerally accepted without argument. The plaintiff, however, willneed to prove that the drive breached his or her duty. Breach of dutyis proven through direct or circumstantial evidence. Direct evidenceinclude eyewitnesses, testimony, video footages, or admission offault. Circumstantial evidence include skid marks, paint smudges, oralcohol tests.

The plaintiff must further prove that the breach of duty causedinjuries by demonstrating that the injuries are consistent with thenature of the crash and they were not pre-existing. Moreover, theplaintiff needs to prove that the injuries resulted to monetary loss.Once a jury, after trial, determines that the plaintiff has provenall four elements, the plaintiff will be entitled to compensation fordamages, which include medical expenses, pain and grief, lost wages,among others.

Car accident cases are not complex, but litigating claims for damagesarising from property damage, personal injury or death related to caraccidents is tricky and tedious, requiring plaintiffs to confer withcounsel prior to initiating any suit. For the most part of thelitigation, any act or omission by the plaintiff or defendant maylead to either a win for the plaintiff and defeat for the defendant,or defeat for the plaintiff or win for the defendant. What this meansis that, both parties to car accident litigation must beknowledgeable of how the system works, and not just what the lawprovides, in order to win the case.

For instance, car accident litigation is factual, which means,everything that happened before, during and after the accident mustput in record, and every detail must be taken note of, for theplaintiff or the defendant to build a strong case in his or herfavor. Being factual, the plaintiff or defendant must produce bothdirect and circumstantial evidence to prove their case. There arenumerous rules of evidence that must be taken into consideration sothat an evidence will not be thrown out as unacceptable, weakeningthe case. In addition to winning a case for damages, there is alsoanother complicated matter on seeking compensation from the losingparty's insurance. One is not prevented from representing himself incar accident cases. An expert attorney, however, can protect a clientfrom the opponent's tactics.

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Defamation Law - Legal Information and Resources
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Defamation Law

Freedom of speech is a personal right granted to all individuals as enshrined by the Constitution. Freedom of speech, however, is not absolute. Freedom of speech is limited when that freedom encroaches on another individual's freedom. Defamation -- the act of creating false statements about a person and communicating those statements to another person, causing harm to the subject's reputation and standing in the community.

Defamation is governed primarily by state law. Although the Constitution and case precedents interpreting freedom of speech also form a crucial part of defamation law. While state law differs as to the specific acts that constitute defamation, the types of harm caused by such act, and the penalties that accompany such act, the general elements that must be proved are basically similar.

Defamation is called libel, when the defamatory statements are printed, written, or broadcasted, and called slander when the defamatory statements are communicated orally. While defamation per se is not difficult to prove as the statements are so vicious the harm is obvious, libel and slander may not be as easy to prove. For one, proving that the false statements were communicated as fact, rather than opinion, is difficult, the aggrieved party would need a lawyer who specializes in these types of cases. Moreover, proving intent and damages require extrinsic evidence that may be difficult to obtain, especially when freedom of speech is taken into consideration. Malice, for one, is difficult to prove as the aggrieved party need to produce clear and convincing evidence that the person who communicated the false statement knew beforehand that the statement was false.

In addition to proving defamation, intent, and harm, one of the more difficult tasks for defamation attorneys is countering the defense's possible argument that the false statement is not defamatory. Typical defense for defamation would be that the statement was an opinion based on accurate facts, minor reporting errors, and the statement was the truth. The U.S. Supreme Court has, in many cases, ruled that government officials, political candidates, heroes, and celebrities are generally exempted from filing defamation cases with respect to their status as public figures, except when malice or intent is proven.

The harm, which include being shamed, hated, or belittled, caused by the defamatory statements gives rise to damages. Most states would require that the damaged party demand a printed retraction of the defamatory statement before proceeding to filing a case in court. If the damaged party decides to sue without first seeking retraction or if the damaged party receives a retraction but proceeds to sue anyway, most states will limit the damages the damaged party may pursue to the actual or special damages they experienced, such as loss of employment or wages. If it is proven that the person who made the false statements acted with intentional malice, then the aggrieved party will be entitled to additional damages, including damages for loss of business. It is thus wise for the damaged party to seek advice from counsel before making any step towards seeking restitution, as making one wrong move could lessen the damages that is due the aggrieved party.

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