The Role Of A Cleveland Accident Attorney

February 2, 2010 by Annon. · Leave a Comment
Filed under: Personal Injury Attorneys 

Any time you look there are many kinds of injuries occurring. When this grim reality happens to you, you will need to have the right tools to handle the situation. Car and other motor vehicle accidents are fairly common and if you are involved in such an accident, you should seek out the services of a skilled accident attorney so that you can gain any compensation to which you may be entitled.

What You Can Expect From a Cleveland Accident Attorney

A Cleveland accident attorney will play a major role in helping your case proceed. The information which follows is an good overview of what a good lawyer will do. First, they will collect all the needed evidence to completely support your case. They should do this in a timely manner, as many states have a specific time period within which you must file your case in a court of law.  This is called the statute of limitations, and is generally two years from the date of the accident.

The initial evaluation of a case prior to filing the complaint is highly important. When an auto accident has occurred, you want to be sure that you move forward with the best case possible. A skilled Cleveland accident attorney is able to provide this kind of evaluation and with their knowledge, you will be advised accordingly.

A Cleveland accident attorney will prepare a claim which arose out of an accident in a highly professional manner. Their goal is to work on all the loose ends and put together the facts based on the available evidence. Without this kind of preparation, many victims will not prevail and may not obtain the compensation which they are entitled to. Therefore, this is the main reason why you need to hire a Cleveland accident attorney for your claim. 

A Cleveland accident lawyer will help victims who have suffered injuries find some type of closure. It is their sole goal to try to push for the conclusion of the case to reach a successful finish so that the client will get the maximum reasonable compensation for their pain and suffering. It is therefore key for you to seek out these legal services no matter the kind of auto accident you are injured in.  If there is a strong case combined with a capable attorney you can be generally be assured of a successful resolution.

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A Discussion of Negligence and Intentional Acts

January 26, 2010 by Annon. · Leave a Comment
Filed under: Personal Injury Attorneys 

In general, personal injury law can be separated into two separate categories: negligent acts or intentional acts.  They may also be referred to as “torts” an old english term meaning “legal cause of action” for which someone can seek compensation from the legal system.

Negligent Acts

Negligence occurs when one individual damages an individual or property of another without any “intention” to injure.  This may occur due to a lack of care of the first person.  For example, a driver who is careless, may cause an motorcycle accident by failing to obey the motor vehicle laws may be found negligent and would most likely be held responsible for any injuries caused to {-any} person or personal property.

To succeed in a negligence case, the injured individual must prove that the other person had a duty of at least reasonable care, did not maintain that reasonable care, and that the failure to maintain such reasonable care resulted in damage to the injured party.  For example, looking to the auto accident discussed perviously, all motor vehicle operators generally owe the duty to operate their auto in a safe manner.  If they fail in this duty, and that injures to any other person, or another’s personal property, they would most likely meet all of the requirements to be found negligent and therefore liable for all injuries caused to the injured party.

The majority of negligent cases usually include slip and fall situations, auto incidents, products liability cases, and injuries resulting from the malpractice of a medical professional or institution.

Intentional Torts

An intentional tort occurs when a person acts with intention to cause harm to individual or their personal property.  In most situations, it does not turn on whether the individual intended that an injury occur, only that he intended to commit the act which caused the damage.  In several states an intentional tort can also be stated as an act which a reasonable person knew or should have known would have caused an injury to a party or personal property.

Intentional torts may include acts as, kidnapping, assault, and domestic violence.  Actually many intentional tort actions are brought as the result of the commission of a criminal act.

Harry S. Bernstein has been representing clients as an experienced Cleveland injury attorney for several years. Please visit our website at Cleveland personal injury attorney from more information on this topic.

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