Injury Law

Personal injury law deals with litigation matters pertaining to events that may have resulted in a serious injury to you and others. When such cases are raised in court the prime objective is to cover your rights and get you a handsome settlement so you can carry on with your life. There are many instances where you may receive personal damage with no fault of your own. Unsafe working environment, accidents on road, or getting hurt by someone negligence are a few examples of personal injury where you have the right to go for litigation and claim damages.

However, a common person is not aware of all the laws and if you are suffering from personal injury, you need a good attorney to file your case to defend your rights. Your lawyer will work on your case and they have the team of experts such as talented paralegals, legal secretaries and support staff to assist you during the litigation process. Your legal representatives will leave no stone unturned to get the ruling in your favor. If you are looking to a fair compensation your lawyers will cover all the details of the case and get you the compensation you deserve.

The lawyers are well-versed with the Statutes of Laws of your region and will build a case to get you your claims. Different jurisdictions have laws on personal injuries and there are various processes involved in filing a winning case if you sustain an injury. If you suffer a personal loss, by law you are will have the option for launching claims that include medical bills, hospital room charges, and future treatments. The personal law includes cases of wrongful death, slip and fall, auto accidents, spinal cord injuries, and head injuries.

If you have been involved in a car accident the Injury Attorney will investigate the matter on your behalf and make sure you are paid for damage to your car. In case you are injured, litigation will make sure that you are paid for all the medical bills.

In case of personal injuries, your insurance companies are liable to pay you fast and there are instances where if your insurance company delay the payments you have the right to take the matter to court and get the insurance company to settle the damages. There are many different laws and a good lawyer will help you through these cases.

Marriage lawMarriage law refers to and deals with legal requirements that establish the legal validity of a wedding. Essentially, it is a contract between two people to share certain rights and obligations. Although the law varies greatly in different regions, it has certain things in common. Some of the common foundations that constitute a wedding are explained below.

Rights and obligations

A wedding, by definition, bestows rights and duties on the married parties, and sometimes on relatives as well, who are the sole mechanism for the creation of in-laws. In any wedding, the concerned parties take a vow to be committed and faithful to one another. Historically, most of the societies have given particular set of rights and duties to husbands that are pretty different from rights and obligations assigned to wives.

In general, the controls over inheritance rights, marital property and the right to dictate the activities of children’s marriages have been given to male partners. Many people objected to these rights of male partners. The conflict began and changes were made to the rights of husbands by enacting the marriage law as is seen today. In spite of curtailments made in the wedding contract, husbands continue to dominate even today. This is the main reason why the law is enforced strictly so that both parties of the marriage abide by the contract.

The modern law on marriage provides common privileges to both the husband and the wife. Both the partners have control over family including children. In case of any issues with children, a wife shares equal rights with her husband for amicable resolution to children’s problems. A wife and a husband shares equal responsibility with respect to running a family. Both of them have responsibility for some portion of a spouse’s debts/properties.

In case a wife or a husband gets incapacitated, the other partner gets control over his/her spouse’s affairs. Just like rights, the married parties share common obligations. Earlier women had to adhere to most of the marriage obligations. However, the marriage law has made things even by conferring equal liabilities and obligations on husbands and wives.

Disputes and resolutions

A consensus is a must to make any marriage long lasting. Yet, there are instances of conflicts. In many cases, the conflicts are resolved by amicable settlement with the intervention of family members, including in-laws. However, a court resolution is sought-after whenever an agreement is not reached between married parties. If one or both the parties think that they can’t continue with their marital life, they can file for a divorce.

The court will check the facts and (sometimes) decide whether the wedding will last or not. In many instances, the court orders the spouses to stay with each other and give a second try to their relationship for a certain time. If the partners still feel uncomfortable to continue with their marital relationship, the court gives an order to dissolve the marriage. The court also fines the defaulting party for causing damage to the other party of the wedding contract.

Civil LitigationWhen it comes to civil litigation law, there is a lot to know. Let’s discuss what it is, examples of cases, what kind of role an attorney plays in this area of law and what cases typically consist of.

What Is It
It’s an area of the law that involves two or more parties who are involved in a dispute that seeks specific damages; In most cases it’s monetary damages. The parties don’t seek out criminal punishment or sanctions. Cases that fall under this area of the law are solved in court, where a judge or a jury decides the outcome.

Attorneys who work within the area of law are called litigators. They are also referred to as trial attorneys. They can represent either defendants or plaintiffs.

Examples
Many types of disputes can find their way into the courtroom, and some of the most common ones include personal injury claims and product liability lawsuits. Others include disputes between tenants and landlords, cases involving environmental law, as well as disputes surrounding intellectual property.

Disputes involve workers’ compensation are common within civil litigation, and so are labor and employment disputes. Education law disputes and construction liability lawsuits are also common. Finally, divorce lawsuits, which involves spouses going through a divorce or have already gone through one but seeking some sort of compensation, are quite common.

All of the above cases can involve companies going against companies, corporations going against corporations, individuals going against individuals or individuals going against companies or vice versa.

Civil Litigation Attorney: Their Role
Attorneys represent their clients in the cases previously mentioned, as well as other cases that have not been mentioned. The goal of the attorney is to get the best possible outcome for the client. Attorneys that work as civil litigators have to be willing to embrace conflict, as well as be aggressive.

Lawyers have to have be well-adverse and knowledgeable of the area of civil litigation they specialize in. Other skills required include negotiation skills, interpersonal skills, logical reasoning abilities and strong oral and written advocacy skills.

What Do Litigation Cases Consist Of
Generally speaking, there are several stages of civil litigation. The different parts of a case include the investigation phase, which involves certain parties conducting investigations into the other party’s claims or into the client’s claims. The other stages include pleadings and discovery. The last two parts of litigation consist of pretrial proceedings and settlement, if one has been reached. If it hasn’t, then a trial may take place or an appeal may be lodged.

A good portion of an attorney’s time is spent during the discovery stage. As for how long cases go on for, it can be as little as a week or two or as long as a few years.

It doesn’t matter if you are going to be a plaintiff or a defendant in a civil litigation case, you’ll want to hire a competent attorney. Although some cases may appear to be straightforward and an easy win, you don’t want to risk representing yourself. Do your research on attorneys and then hire the civil litigation lawyer you feel has your best interests in mind.

Corporate LawA corporation is an enterprise engaged in manufacturing and/or buying and selling of goods and services. Just like a sole proprietorship or a partnership firm, it renders its services in many fields. However, it is distinct in the sense that it is a legally registered company with limited liabilities of shareholders (owners of the company). While a corporate entity enjoys several advantages, it has to abide by various rules and regulations laid by the corporate law.

What is a corporate/business law?

A business/corporate law is a legal body that governs the relations, rights and conduct of persons, corporations, companies and businesses. It refers to the legal practice related to corporations. Business law often describes the law related to matters which derive from the life-cycle of a corporation.

The law encompasses the formation, funding, governing and death of a corporation. Although the nature of governance personified by share capital, business culture and share market rules differ from region to region, similar legal characteristics and problems relating to corporations exist across various jurisdictions. Business/corporate law regulates how investors, corporations, shareholders, employees, creditors, directors and other stakeholders such as the community, the consumers and the environment interact with each other.

Characteristics of corporate law

Although the sole proprietorship or partnership firm laws exist, business law is supposed to be very useful all over the world, and for many reasons. Academics identify four unique characteristics that are universal to any corporation. Firstly, corporations get a separate legal entity distinct from their shareholders.

Secondly, the liabilities of shareholders are limited to the value of their shares in the company. In case the company goes into liquidation, the shareholders lose whatever stake they have in the company as a shareholder. They do not have to sell off their personal properties to pay off the dues to the company’s stakeholders, which is the case with a partnership firm and sole proprietorship.

Thirdly, the shares of shareholders are transferable from one person to another. In case the corporation is a public limited company, its shares can be traded on a stock exchange. Lastly, the organization enjoys a delegated management structure. It means the board of directors delegate day to day management of the company to executives, who possess training, certification and experience in handling particular corporate affairs.

Benefits and importance of corporate law

The prime benefit of business law is it is universally applicable with minor differences. User friendly and widely available law enables organizations to transact their business globally without any issues. In case of problems, the law steps in to resolve the matter. The law is a response to three opportunists: conflicts between shareholders and managers, between non-controlling and controlling shareholders; and between shareholders and other counterparts (including employees and creditors).

Under all legal systems, corporations enjoy the same rights and obligations. The law allows corporations to exercise human rights against the state and real individuals for frauds and compensations. Also, any corporation is subject to punishment for human rights and other legal violations as outlined by the corporate law. Just as they come into existence through a certificate of incorporation, they can die after losing money into insolvency.

Sexual activity between close relatives and family members is a cultural taboo. Most societies consider children of incestuous relationships as illegitimate. A common justification for prohibiting inbreeding is preventing genetic disorders in children. Children of parents with a close genetic relationship are at a great risk of death, physical disability, and congenital disorders.

A Brief History of Incest Law

Incest became an offense in England and Wales in 1908. According to the Incest Act of 1908, intercourse between a man and a woman that he knows to be his mother, sister, daughter, or granddaughter is illegal. However, statistics show that there have only been 26 prosecutions in the UK.

Prohibitions against inbreeding are not new. They have existed for millennia. In the Biblical book of Leviticus, God tells Moses, “No person should approach a close relative for sex.” However, Lot had sexual intercourse with his daughter but it was because of drunkenness.

In ancient China, it was illegal for first cousins with the same surnames to marry. In ancient Egypt, there were no laws prohibiting sibling marriages. Many pharaohs married their siblings.

The Roman civil law outlawed marriages within four degrees of consanguinity. Norse mythology has themes of brother-sister marriages.

Biological Motive

Incest law has a biological motive. It prevents the passing down of defective genes down the family line. People with blood relations have recessive genes. Thus, a child of incest is highly likely to have genetic defects.

Consent

In most countries, the law takes into account the issue of consent. In some nations, two consenting adults can have sex irrespective of their blood relations. In other countries, the issue of consent is irrelevant.

Non-Consensual Sex

This is a crime. Other laws such as assault, unlawful sexual intercourse, and rape laws also address the matter of non-consensual sex.

Familial Child Sex Abuse

The age of consent in most countries is 18 years. An adult having sex with a family member under the age of 18 years is familial child sex abuse. This attracts severe legal penalties.

Incest Law Differs By Country

Some countries have strict legal penalties while others have lax laws regarding incest. There are countries that have the death penalty. Most cultures around the world frown upon incest especially among close family members.

Relationship

According to incest law, the degree of relationship determines the level of incest. The most severe case of incest is between parent and offspring. Other serious cases involve full siblings, identical twins, grandparent-grandchild, great-grandparent- great-grandchild, and first cousins.

United States

In the US, incest law varies by state. The definition of the offense as well as the penalties vary from jurisdiction to jurisdiction. In most states, sexual activity between a linear descendant and a linear ancestor is a legal offense. The state of Ohio only prosecutes parental offenders. In Michigan, Idaho, Montana, and Nevada, there is life imprisonment. Texas and Oregon are the other states with severe penalties.

Some states prohibit sex between first cousins while other states allow it. In New Jersey, there are no legal penalties if both parties are above 18 years.

India

The Indian Penal Code does not address the issue of sex between blood relations. However, sexual abuse of children is a crime in India.

Philippines

Filipino law considers marriage between brothers and sisters as incestuous. Such a marriage is void. In addition, the marriage of collateral blood relatives up to the forth-civil degree is illegal.

Religious Laws

Religious laws prohibit incestuous relationships. Christianity, Judaism, Islam, and Hinduism view them as evil. Most faiths cannot carry out marriage between genetically close individuals.

The Bottom-Line

The law of a country defines marriage. In most countries, the definition of marriage is a union between two people of the opposite sex who do not have blood relations. Thus, marrying a blood relative or having sex with such a person is illegal.

Car Accident

Every year, thousands and thousands of people die in a road accident. Rash driving, driving under influence, etc are some of the reasons behind car accidents. Although the defaulter tries to get away with the incident, the law imposes fines and penalties on the defaulter. Also, the law has set guidelines for drivers to prevent the happening of accidents. Yet, there are situations when accidents occur. As such, it is important to get familiar with the accident law to seek legal help in times of need.

What is a car accident law?

It is a law relating to legal rules that determine who is responsible for property damage and personal injuries resulting from an accident. The law also consists of the principles of negligence; it applies to particular cases of personal injuries. When nuances exist, the victim of the accident has to prove the four basic elements in order to be eligible to get compensated for injuries and sufferings stemming from the collision.

These elements of car accidents include duty, breach, causation (proof of cause) and harm. As far as duty is concerned, drivers have to abide by road rules and drive their vehicles in a reasonable manner as outlined by the law. Drivers have to operate their vehicles at a safe speed, sustaining control, exercising awareness, using headlights and blinkers, and observing traffic rules.

The existence of duty is usually accepted without much argument. However, the plaintiff has to provide necessary evidence stating that the defendant breached the duty. You can show the breach of duty through direct evidence such as the traffic surveillance video, an eyewitness testimony or an admission of fault. The plaintiff can rely on circumstantial evidence such as paint smudges, skid marks, or blood alcohol readings.

However, the defendant cannot be held responsible for the plaintiff’s injuries on grounds of breach of duty by the driver (defendant). Rather, the plaintiff has to prove the element of causation. In most of the accident cases, the plaintiff can do this through medical testimony that demonstrates that the injuries are in line with the nature of the collision, and that the injuries were not in existence beforehand.

Lastly, the victim has to prove harm. The plaintiff can’t bring a lawsuit against the defendant driver unless he proves that the defendant’s driving conduct caused injuries to the plaintiff. Once harm (injuries and/or damages) is shown, the victim becomes entitled to receive compensation for medical expenses, grief and pain, lost wages and lots more.

Why hire a lawyer after car accidents?

Many victims never take the help of a lawyer after getting injured in the accident. They try to put up their case on their own. However, most of the victims of car accidents finish off with little or no compensation.

You can avoid such scenarios by relying on a specialist accident attorney. A reputed lawyer will dispute your case professionally in view of relevant evidence, and help you to get better compensation in a lot less time. By shelling a small fee to the attorney, you can ensure that you will get quick and favorable judgment for your injuries and grief.