You and the Tort Law: A GuideWritten by Carla Ballatan
Everyday, we’re always at risk of falling victim to misfortune whether it is from using defective products or unknowingly falling off into a manhole, or sustaining vast injuries due to serious highway accidents. You may think that accidents that happen everywhere to other people are of nobody’s fault than theirs alone…But, once something happens to you, say you were bit by a dog whose owner was careless enough to let it wander off, you may cry out, indeed – “not my fault!”. Injuries may range from trivial to critical, depending on how it was obtained physically, mentally or emotionally. If an individual or group has a liability for your accident, you can file for claims under tort law. This area of law is invaluable you need to have knowledge of it. Torts are private and civil wrongs or injuries that may be remedied through a court of law by a lawsuit for damages/compensation. Once an individual or a group of individuals violate their duty to others created under general or statutory laws, a tort has been committed. Liability in tort law is based upon “…the relation of persons with others; and these relations may arise generally, with large groups or classes of persons, or singly, with an individual…The common thread woven into all torts is idea of unreasonable interference with interest of others.” Prosser & Keeton, supra,p.5. Thus, chief aim of action in tort is that an individual be compensated for loss he has suffered within scope of his legally recognized private interests, as best method of relief.
| | Quadriplegia: Victims Seeking Legal HelpWritten by Carla Ballatan
Don’t stay forever pitying a relative, friend or acquaintance who suffers from quadriplegia, a form of spinal cord injury. They are one of 10,000 Americans who suffer from spinal cord injuries and permanent paralysis in their arms or legs, every year. When an injury occurs to spinal cord is occurs, cord is not typically cut but thin fibrous extensions of nerve cells surrounded by vertebrae are crushed and damaged. Pathways of nerve cells, called axons, in cord are disrupted once an injury to cord occurs and a person loses sensation and control over critical body functions. Quadriplegia (also called Tetraplegia) is a person with a spinal cord injury near top of spine (between C1 to T1). It refers to loss of sensation and mobility in both upper and lower body. Spastic quadriplegia arises when all four limbs are affected with increased tone, decreased movements and brisk reflexes. It often is associated with mental retardation, visual problems and hearing impairment. Either this is result of illness or intentional wrong, or negligent act by some other liable person that inflicted spinal cord injury. You can stop feeling sorry for sufferers you know and start helping them out in taking legal action for their condition. Persons who suffered spinal cord injury, particularly quadriplegia should get legal evaluation immediately after accident. Legal consultation from attorneys is critical because victims need to find out help that they are entitled to. Even accidents that result to quadriplegia that appears to be no one’s fault could still result in a recovery since injuries are so severe. Damage claims will often exceed amount of available insurance coverage.
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