Friday, September 7, 2007

The Right Time to File a Personal Injury Lawsuit

Have you heard of the legal terminology statute of limitations? Do you know what this means and what is the importance of knowing the statute of limitations prevailing in the state where you live or where a particular accident happened?

Statute of limitations refer to the time frame or period of time that a person who suffered personal injuries in an accident should file a personal injury case. The law sets forth this time frame basically for two (2) reasons. First is to give the victim the necessary leeway within which to file for a particular period of time, his or her personal injury lawsuit. This will serve as a guideline for the victim within which to enforce his or her right by filing the personal injury lawsuit in the proper courts. This way, the victim will not be in haste nor be pressured in filing the personal injury case. Instead, he or she will be given a sufficient period of time after the accident to make and file the claim against the person who has caused him personal injuries in the accident. Secondly, the statute of limitations will also serve as a limit for the victim. He or she must file the personal injury lawsuit within that particular time, otherwise, upon its expiry, his or her cause of action will be barred and no claim can anymore be made regardless of the strength of the victims personal injury case. After the lapse of sufficient time, the law considers the victim to have slept on his or her rights. Laches come into the picture which means that the law will no longer entertain any claim by the victim since there is already a presumption that the victim is not interested to pursue any claim for the accident that he was involved in.

So, in order for your personal injury claim not to be barred by the statute of limitations, prompt action should be made. Asserting your rights and interests within the period of time prescribed by the statute of limitations should be done in accordance with the period set forth by law.

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What is Considered a Catastrophic Injury?

A catastrophic injury is one which is devastating and usually permanent in nature causing you life-altering consequences. They have a severe impact on not only your life, but the lives of your family and friends as well. These types of injuries usually occur abruptly with no warning. Any injuries or conditions that cause impairment of at least one vital bodily function or a permanent loss of earning capacity are considered catastrophic. They include injuries such as the following.

Accidental partial or total amputation
Brain injury
Loss of vision
Multiple fractures
Severe burns
Spinal cord injury
Other neurological disorders

Injuries categorized as catastrophic cause enormous disruption or impairment to one or more physical systems including the muscular, neurological, and/or skeletal systems of your body.

Catastrophic injuries can be a consequence of careless human errors or other neglectful behavior, oversights, and/or deliberate misconduct by your heath care provider or physician or other person in a position of trust. They can also occur due to the following types of accidents:

auto-pedestrian
aviation
big rig
car
construction
industrial
nautical and/or
job-related.

Injuries of a catastrophic nature may also be caused by:

assaults
batteries
civil rights violations
environmental disasters
exposure to toxic substances and/or
faulty products.

Catastrophic injures are more often than not permanent life-altering injuries, the consequences of which you and your family will need to account for the rest of your life.

For more information about catastrophic injury and other types of personal injury law, please visit the link listed below.

Please click here for more information about catastrophic injury law in the Orlando, Florida.

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Prevention Is Better Than Cure

The logic is quite simple; avoiding the occurrence of a mishap is more prudent than finding a means of curing it when it is already on hand. In the present day and age, the felony of theft may already be committed even in what may seem like the safest means of consummating a transaction, through the internet. The unsuspecting utilization of your Social Security Number in transactions over the net is usually the cause of certain inconsistencies and controversies in the auditing of your account. Hence, avoiding the frequent use of your Social Security Number would eliminate this looming predicament. Always take into consideration the fact that a legitimate company would not require passwords or other information through e-mail. Before providing credit card or other information in the net therefore, make it a practice to confirm the legitimacy of the site. You can do so by verifying the site's address and what appears in literature or from some other reliable source.

Among the measures available to prevent such disaster include but is not limited to: avoiding to provide financial and personal information in response to phone calls which are unsolicited, to include letters and e-mails. While your employer and other financial entities may have official need of your Social Security Number, you have all the right to refuse the request of merchants and other service providers, since there are other means in identifying your person apart from giving your Social Security Number.

Logic also dictates that you must choose Personal Identification Numbers or passwords for bank and Internet accounts, respectively that would be difficult if not improbable to decode. Avoiding the use of home addresses or the date of your birth are some practical tips in avoiding the occurrence of said fraudulent act.

You must also be wary in dealing with businesses that would require the use of such personal information. Before doing the same, a background information must be obtained in determining whether the business entity is a legitimate institution complying with all the requisites of incorporation. A well conducted research on the following issues before entering into any transaction would provide the security you long for in the conduct of your business. Another common downfall is the clueless belief with another merchant's oral representations alone. The possibility of acquiring written information, although it may seem tedious, would be the best prevention for the occurrence of said dilemma.

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