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The Most Common Reasons to File a Personal Injury Lawsuit

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If everything was good in the world, people would never need to file a personal injury lawsuit. There would be none of the inconvenience, pain and interruption to your life that is attached to experiencing a personal injury. When filing a lawsuit, people are claiming compensation for an injury which they have suffered through no fault of their own. When instructing an expert personal injury attorney such as Adame Garza to represent you on your claim, you are retaining the services of an attorney with legal expertise in the process. Here are three of the most common reasons you may wish to filet a personal injury lawsuit.

Accepting Responsibility

In many circumstances you may be filing a lawsuit for one simple reason: you want the person or company responsible for your injury to accept responsibility for what happened or that their lack of action caused it. This is the impetus for many who file a lawsuit not for financial gain or recompense, but someone to accept that what happened was their fault and their responsibility. For example, in a car injury claim, you are not only seeking financial compensation for the damage but you are asking the other party to accept that they were the cause of the accident for your own insurance purposes, for peace of mind yourself that you did nothing dangerous and to prove to yourself the situation arose from someone else’s actions and had nothing to do with your own. This peace of mind is an important thing when filing a lawsuit.

Financial Loss

When petitioning a personal injury lawsuit you are often seeking not only the other party accepting responsibility for the accident or incident, but that they reimburse you for any financial losses which have occurred as a direct consequence of their actions. This is not limited to damage which comes as a direct consequence of the accident or incident, it covers a whole host of things which may not be obvious. These include any damage to your property, the cost of any medical treatment as a result of the incident, any loss of income due to missed work, the cost of your attorney and the cost of any affiliated expenses such as increased childcare or travel for treatment etc. If you are filing a lawsuit for an incident that isn’t your fault, you should not be left out of pocket.

Any Ongoing Needs

If an incident or accident has left you needing ongoing support or care, this should be met by the other side. Your continued wellbeing should be taken into account in any settlement, with the above list of things you may claim for initially. Not only this, it should also cover any legacy issues which occur such as; any support you will need, any help you need to get back to your previous level of physical or mental wellbeing or even simple things such as childcare costs.

These are common factors which make people file a personal injury lawsuit, as well as a host of other reasons. If you are considering a claim, independent legal advice will help structure the reasons and the claim itself.

Class Action Explained In Simple Terms

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A class action is a type of lawsuit in which one or more persons sue on behalf of a larger group of persons which is referred to as ‘the class’. Whilst the subject matter of class action lawsuits can vary quite widely, there are a number of factors which are almost always present for every class action. In this article, we have explained in simple terms how a class action lawsuit works.

Factors Presents

As mentioned above, there are a number of factors present in almost every class action lawsuit regardless of the subject matter. Two factors which are almost always present for every class action is that the issues in dispute are common to all members of the class, and that the number of persons affected by the matter is too large to bring them all individually before the court.

Depending on the type of class action, the resolution of the lawsuit will bind all members of the class certified by the Court. The rules which govern class action lawsuits under federal law are found in Federal Rule of Civil Procedure 23. Many class action cases begin due to a complaint by just one or a small handful of persons, such as the Morcellator Class Action lawsuit, as seen in recent Class Action News.

Types of Class Action

There are various different types of class action lawsuits, which include claims by employees who have been subject to a pattern of discrimination due to race, age or gender by their corporate employer, home or business owners who have been affected by an environmental disaster, or consumers who have purchased a defective product or have been deceived by false or manipulative advertising practices. Class action lawsuits could also include patients who have been prescribed a drug with dangerous side effects that the manufacturer or prescriber failed to disclose, investors who have lost funds due to securities fraud, or individuals whose sensitive and/or private communications were recorded or released by a corporation without knowledge or authorization.

Class Action Lawsuits and Controversy

Many are of the opinion that lawyers and the counsel of the plaintiffs and defense who are paid regardless of the outcome of the case are the only ‘winners’ when it comes to the resolution of a class action lawsuit. This image of class action lawsuits is also often advanced by large corporations and the organizations that they support financially for the purpose of undermining the ability of individuals to exercise their right to a civil jury trial under the 7th Amendment to the Bill of Rights. With this ability to safeguard our rights through the civil justice system, rogue corporations would in many cases be immune from liability, and no compensation would be paid to those who are physically or economically injured as the result of misconduct by a company or employer.

This summary is intended only to give lay personas a basic overview of class actions. It is for informational purposes only and does not constitute specific legal advice.

3 Kinds of Common Occupational Accidents that Often Result in Work Injury Lawsuits

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Work injuries are a lot more common than many people think, and until you're the one being injured, you probably won't give much attention to occupational hazards, unless your job involves a particularly hazardous work environment or inherently dangerous processes. Many jobs are more dangerous than you'd expect, especially in positions that require frequent movement, heavy lifting, or the use of heavy machinery.

Work injury lawsuits typically occur when the injured employee believes their injury was caused by their employer's neglect or mismanagement. Any time an employee is injured at work they should investigate the opportunity to receive worker's compensation and/or compensation for the pain and suffering caused by the possible lack of proper management. In the following paragraphs we'll go over three of the more common kinds of work-related injuries that sometimes result in lawsuits against the employer.

1. Restaurant Kitchen Injuries

Working in a restaurant kitchen can be extremely dangerous if an employee is not careful or if management staff is not diligent about educating employees and maintaining a safe work environment through established company policies. Common kitchen injuries include slip and falls, burns, strains caused by transporting items, and cuts. In many cases the injury is caused by lack of caution on the part of the employee, but in other cases the injury is a direct result of a manager not taking the proper precautions or providing inadequate work orientation material. For example, if a manager does not tell an employee to wear non-slip shoes, or allows the employee to work in the kitchen knowing they are not wearing non-slip shoes, then any resulting slip and fall would be the fault of the manager. In addition to contacting a professional work injury lawyer, anyone who has been injured by falling or slipping in a restaurant kitchen should also become familiar with the slip and fall law.

2. Heavy Machinery Accidents

Heavy machinery accidents can happen in a wide variety of forms, from minor marks and bruises to severe, life-changing accidents. People that work in the building, agriculture, warehouse management, factory work, and road construction injuries are especially at risk for being injured during the use of heavy machinery at work. For example, oil mining equipment can be especially dangerous to operate if it hasn't been inspected for necessary repairs or maintenance. Faulty oil mining equipment can result in severe or even fatal injury, which is why the companies who employ oil miners are responsible for making sure their employees are using safe and well-maintained equipment. Anyone injured in the oil field should seek advice from experienced oilfield injury lawyers like Slack & Davis to determine whether they may be able to receive additional compensation for the pain and suffering endured due to the neglect or mismanagement of their supervisors.

3. Construction Injuries

Construction injuries are extremely common and can really include any kind of injury from minor to major, depending on the equipment and processes involved in the project. In some cases, construction workers are injured because their supervisor fails to take the necessary precautions or puts the crew in an unsafe situation. If the construction company provides poor quality equipment and the injury occurs because of this lack of oversight or unsafe building conditions, then an employee may also have a case for a work-related injury lawsuit. If a construction worker is injured doing something one of their supervisors instructed them to do, and the appropriate warnings or guidelines were not introduced first, then that employee has a good chance of suing their employer for neglect to provide the proper equipment, preparation, or precautions. Thus, construction supervisors should be adamant about conducting detailed safety checks to prevent liability in the event of a worker injury.

Always Contact a Work Injury Lawyer

Regardless of whether you feel the injury was the fault of your manager or yourself, you should always contact a work injury related lawyer if the injury is bad enough to make you miss work or endure pain and suffering while continuing work. In many cases people don't even realize that they may be able to receive a larger settlement of cash from their employer, so discussing your case with a professional during a free consultation can only help your cause.

Law Schools Have Not Yet Hit Bottom

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LSAC has announced a 6.6% increase in June LSAT takers, which could indicate more applicants for the next 1L class.

The National Law Journal has reported that "Legal educators are cautiously optimistic that the 2015-16 academic year will mark the low point for law school enrollment."

Al Brody at The Faculty Lounge has repeatedly speculated that the enrollment numbers have hit bottom.

Brian Leiter even made it "official," stating "It's official, the enrollment decline is over!"


To quote Jaime Lannister, "The war's not won."

Even if enrollment numbers reverse direction and increase next year, we still won't have hit bottom. The reason is quite simple: students (typically) stay in law school for 3 years. When that math enters the calculation, we can see how far from the bottom schools really are.

In 2013 there were 59,400 applicants, in 2014 there were 55,700, and for 2015 there's a predicted 54,130. If there should end up being a 6.6% increase in applicants for 2016, the numbers would only rise to 57,700. That's more than the 2015 number, but the appropriate number to compare it to is 2013. That is the cohort of students the new 1Ls are replacing, and in that comparison the numbers are still lower.

Looking at a few schools' enrollment stats illustrates how we're not yet at the bottom. Let's project a 2% decline in 2015, followed by a 6% increase in 2016.

At Golden Gate, the 2013-2014-2015 numbers are 150-137-134, total 421. The 2014-2015-2016 numbers would then be 137-134-142, total 413. Despite seeing the 1L class increase by 6%, the total enrollment would still decline by 2%.

At American university the 13-14-15 numbers would be 473-429-420, and 14-15-16 would be 429-420-445. Some quickie math confirms that 473 is larger than 445, indicating a total decline of 28 students despite a 1L class size increase of 25 students.

At Florida International we're looking at 158-144-141, total 443, and then 144-141-149, total 434.

It's certainly not every school that's going to be grinding along the bottom for at least an extra year before they can say "It's official, the enrollment decline is over." But, if the school saw its 2014 class decrease by 4% or more compared to 2013, then it should be predicting an even smaller total enrollment in the 2016-17 school year, not an increase.

Many schools will see this be their worst year. Indeed, some schools already have their worst years behind them. But that's not where the real action is. The schools most likely to see a decline next year are also the ones that have already slipped the furthest. We'll see some school's conditions go from Serious to Fair, or Fair to Good, but the schools we should be looking at are the ones in Critical condition. It's not yet safe to say they'll be upgraded to Serious, rather than downgraded to Deceased.

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