Posted On: January 30, 2008

IMPEACHMENT

IMPEACHMENT:
This refers to the cross examination of a witness in order to discredit the witness by showing that he or she is not telling the truth or does not have the knowledge to testify as he or she did. Impeaching a witness can be accomplished by demonstrating the difference between the witness’ testimony at trial and in a prior statement, showing bias or prejudice, or showing erroneous assumptions made by the witness in drawing conclusions


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 30, 2008

INJURY

INJURY:
Harm or damage to a person.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 29, 2008

INSURER

INSURER:
The insurance company with whom a contract of insurance is made or who insures a particular claim or loss.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 29, 2008

Seattle Times Reports ‘Hospitals to tear up bills for Medical Mistakes’

The Seattle Times reported today that, under a voluntary agreement between the State of Washington, Governor Christine Gregoire and leading hospitals, medical centers and medical providers, medical providers will not bill patients when their medical errors results in injury to the patient. The agreement is not binding but pledges that patients will not be billed for surgeries to correct mistakes and hospital stays as a result of mistakes.

The Seattle Times article detailed the case of Dennis Rockenbach of Bellingham who was severely injured after an operating room error resulted in severe burns to his throat during routine surgery. Rockenbach was in intensive care for a month after surgery and was then billed $66,000 by the hospital and his physicians. Rockenbach sued the hospital and physicians and ultimately settled his case for $7 million dollars.

Patients routinely are billed for mistakes such as surgical instruments left in the body and operating on the wrong limb. The most common injury to a patient is bedsores – pressure ulcers – which may result when a patient is confined to bed for a long period of time.

The Leapfrog Group for patient safety, a national organization which works towards eliminating medical mistakes, was instrumental in facilitating several states and groups in working out this agreement.

This agreement between the State of Washington and medial practitioners goes a long way in helping medical practitioners accept responsibility when they make a mistake. However, if a patient is injured as a result of medical negligence, they may also be eligible for a damage award. If you want more information on this case or assistance with a medical malpractice case, contact us at the Farber Law Group. With the help of The Farber Law Group, a Washington firm experienced and knowledgeable in handling medical malpractice cases, you may be able to recover damages in a medical malpractice lawsuit.

Posted On: January 28, 2008

INTERROGATORIES

INTERROGATORIES:
This is a discovery mechanism consisting of written questions submitted by one party to another party with written answers provided to the interrogatories under oath.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 27, 2008

JOINT AND SEVERAL LIABILITY

JOINT AND SEVERAL LIABILITY:
Referring to a debt or a judgment, in which each debtor or each judgment defendant is responsible or liable for the entire amount of the debt or judgment.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 26, 2008

JUDGMENT

JUDGMENT:
The final decision or order by a court, which puts an end to a lawsuit. The judgment sets forth the dollar amount of any monetary award, which is made to a party by a judge, jury or arbitrator, as well as sets forth which party is required to pay it. In an equitable proceeding, this is referred to as a decree.



The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 25, 2008

JURISDICTION

JURISDICTION:
The authority given by law to a court to try cases and rule on legal matters within a particular geographic area, and over certain types of legal cases.




The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: January 24, 2008

JUROR

JUROR:
This refers to a member of a jury panel.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 23, 2008

JURY

JURY:
This was an innovations of English common law. Historically, it came from the Angles and Saxons, but it was also employed in Normandy prior to the Norman Conquest in 1066. It is a group of citizens called to hear a trial of a civil lawsuit or a criminal prosecution. In a civil case, the jury determines the prevailing party and the amount of damages. In a criminal case, the jury decides the factual questions of guilt or innocence. Once selected, a jury is sworn to give an honest and fair decision. All factual questions are decided by the jury. All legal questions are decided by the judge presiding at the trial. The judge explains those issues to the members of the jury in “jury instructions”. In a personal injury case, any party may ask to have the case heard by a jury. Depending upon what court the case is tried in, a jury may consist of between 6 to 12 people.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 22, 2008

LAW

LAW:
A system of regulations to govern the conduct of the people of a community, state, society or nation, in response to the need for regularity, consistency and justice based upon collective human experience. Most American law is based upon the Justinian Code and British common law. Law can be natural law, common law, constitutional law, case law or statutory law. The term law can also refer to lawsuits or actions at law as opposed to suits in equity.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 21, 2008

LAY WITNESS

LAY WITNESS:
This is a fact witness, as opposed to an expert witness. A lay witness is a person, with knowledge based on his or her first hand observations, whose testimony is helpful to determine one or more facts at issue.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 21, 2008

LAWSUIT

LAWSUIT:
The common term for a formal legal action by one person or entity against another person or entity, to be decided in a court of law, sometimes just called a “suit”. To begin a lawsuit, a complaint is filed with the court and the defendant is served with a copy of the summons and complaint. The legal claims within the lawsuit are called “causes of action” or “claims for relief”.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 20, 2008

LEADING QUESTION

LEADING QUESTION:
This is a question, asked of a witness at trial, which suggests the answer to which the witness is asked to agree. Leading questions may be used during cross examination, but are generally not allowed during direct examination.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 19, 2008

LIEN

LIEN:
A formal claim or encumbrance on property or funds to secure payment of a debt. When a person is injured, a health care provider has a right to place a lien on the injured person’s claim to guarantee that his or her bills will be paid when the case concludes.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 19, 2008

LIABILITY

LIABILITY:
The legal responsibility or fault resulting from one’s acts or omissions resulting in injury to a person or damages to property.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 18, 2008

LIQUIDATED DAMAGES

LIQUIDATED DAMAGES:
This is the amount of damages or money agreed upon in advance by the parties to a contract, which one party will pay to the other in the event he or she breaches the contract.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 17, 2008

LITIGATION

LITIGATION:
This is the process of filing and prosecuting a lawsuit and defending against it.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 16, 2008

LOCAL RULES

LOCAL RULES:
Also referred to as local court rules. Rules of court procedure adopted by courts in many individual counties.



The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: January 16, 2008

Washington State Supreme Court Reverses Wrongful Death Ruling

The wrongful death of a DuPont, Washington worker recently resulted in the Washington State Supreme Court reversing on appeal the King County Superior Court’s dismissal of claims for wrongful death and negligence.

The King County worker was crushed to death when concrete blocks fell on him while he was investigating the source of a leak in subterranean pipes that burst and liquefied the soil in which he was working. The trial court dismissed the estate’s claim for wrongful death and negligence against the general contractor and the subcontractor who buried the pipes. The dismissal was based on what is known as the “completion and acceptance” doctrine, which stood for the proposition that once a design professional or contractor turned over work on a building to its owner, the design professional and contractor were exempt from liability for negligent design or faulty work.

washington state supreme court
The good news for Washington workers is that in reversing the King County Superior Court, the Supreme Court joined 37 other states and invalidated the “completion and acceptance” doctrine and held that the estate of a worker injured by improper design or faulty work on a building should be able to recover damages and that a special 6-year statute of limitations applied to lawsuits against design professionals and contractors.

If you want more information on this case or assistance with a wrongful death case, contact us at The Farber Law Group. With the help of the Farber Law Group, a Washington firm experienced and knowledgeable in handling wrongful death cases, you may be able to recover damages in a wrongful death lawsuit.

Posted On: January 16, 2008

Medical Malpractice Jury Awards 2.5 Million in Damages for HIV Misdiagnosis

In Washington State, there is no defined cap on damages in medical malpractice cases. A recent verdict in Massachusetts awarded a woman 2.5 million dollars for medical misdiagnosis after she had been treated for nine years for HIV infection when she never had the virus. One can only imagine the psychological and physical toll on this woman who had to take a cocktail of anti-viral medications, each with their own side effect. After her correct diagnosis, the woman said it was hard not to live like she had HIV.

This kind of misdiagnosis is not as uncommon as one might think. In January of 2002, an Oklahoma jury awarded a man 1.4 million dollars after he had been treated for HIV when he also did not have the virus.

Medical malpractice occurs not only when a doctor fails to re-check tests or order additional tests when they are warranted. It can also occur when the doctor’s course of action causes the patient harm, as in the above mentioned patient who had the expense and physical side effects of medications for a disease that she did not have.

If you have been misdiagnosed and failed to receive adequate medical treatment as a result, with the help of The Farber Law Group, you may be able to recover damages. Call us today for a free case evaluation.

Posted On: January 15, 2008

LOSS OF CONSORTIUM

LOSS OF CONSORTIUM:
This is also referred to as loss of companionship. The inability of one’s spouse to have normal marital relations, including loss of sexual relations and loss of companionship. This is a separate cause of action or claim for relief from that of the injured spouse.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 14, 2008

MALPRACTICE

MALPRACTICE:
An act or omission of a professional, which does not meet the standard of professional competence and which results in damages to the professional’s client or patient. Such an error or omission may be through negligence, ignorance, or intentional wrongdoing.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 13, 2008

MANDATORY ARBITRATION

MANDATORY ARBITRATION:
In Washington State, most superior court civil actions are subject to mandatory arbitration, where the sole relief sought is a money judgment in an amount not in excess of $15,000 to $50,000, depending upon in which county the suit was brought.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 12, 2008

MINOR

MINOR:
A person under the age of legal competence, which in Washington State is the age of eighteen (18). A minor does not have the capacity to enter into a contract.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 12, 2008

MEDIATION

MEDIATION:
This is a procedure by which an impartial third person, a mediator, meets with the parties and attempts to assist in reaching a compromise among the parties so that a settlement of the parties’ claims can be reached. This differs from arbitration in that the impartial third party does not act as a judge or make binding decisions as to issues of liability or damages.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 11, 2008

MISTRIAL

MISTRIAL:
A trial which is terminated before its normal conclusion because of an unusual and unexpected event, prejudicial error that cannot be corrected, or a hung jury.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 10, 2008

MITIGATE

MITIGATE:
This means to moderate, diminish or reduce.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 10, 2008

GENERAL DAMAGES

GENERAL DAMAGES:
Those money damages, which are presumed to be a result of the other party’s actions, such as pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, loss of companionship, humiliation from scars, loss of anticipated business and other harm.



The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: January 9, 2008

MOTION

MOTION:
This is a formal request made by a party to a judge or court for an order as to a specific issue or for a judgment in the case, such as a motion for dismissal or summary judgment.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 9, 2008

GUARDIAN

GUARDIAN:
This is a person granted by a court with the power and duty to take care of a person and/or manage his or her property, which is called a guardian of the estate, and/or to manage or his or her rights, which is called a guardian of the person.



The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: January 8, 2008

MOTION IN LIMINE

MOTION IN LIMINE:
This is a motion made prior to the start of a trial requesting the judge or court to rule on the admissibility of certain evidence.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 8, 2008

GUARDIAN AD LITEM

GUARDIAN AD LITEM:
This is a guardian appointed by the court to represent the interests of a minor or incapacitated person.




The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: January 7, 2008

MOTION TO DISMISS

MOTION TO DISMISS:
A motion asking a judge or court to decide a case prior to its normal conclusion due to a lack of jurisdiction over the subject matter, a lack of jurisdiction over the person, improper venue, insufficiency of process, insufficiency of service of process, failure to state a claim upon which relief can be granted, or failure to join a necessary and indispensible party.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 7, 2008

HEARSAY

HEARSAY:
A statement, in the form of an oral or written assertion or nonverbal conduct, which conduct is intended to be an assertion, made other than while testifying at trial, offered to prove the truth of the matter asserted. Generally, hearsay is not admissible and is excluded from consideration by the trier of fact. However, there are numerous exceptions where hearsay is admitted.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 7, 2008

HEARING

HEARING:
Any proceeding, not including a trial, before a judge, magistrate, arbitrator, administrative officer, hearing officer or court commissioner, without a jury, in which evidence and/or argument is presented to determine some issue of fact or both issues of fact and law.




The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: January 6, 2008

NEGLIGENCE

NEGLIGENCE:
The failure to use ordinary care toward another that a reasonably careful person would use under the circumstances existing. This is also referred to as an accident as opposed to an intentional act. In order to prove a claim for negligence, a plaintiff has the burden to prove that he or she was injured, that the defendant was negligent in one or more of the ways claimed by the injured person, and that the negligence of the defendant was a proximate cause of the injuries suffered by the plaintiff.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 6, 2008

HUNG JURY

HUNG JURY:
This is a jury which is unable to agree on a verdict after a reasonable period of deliberation. The result is a mistrial.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 5, 2008

NEGLIGENCE PER SE

NEGLIGENCE PER SE:
This is negligence due to the violation of a public duty, such as a criminal or traffic statute or an administrative code, such as driving under the influence or speeding. Under negligence per se, a plaintiff does not have to prove that the action or inaction of the defendant fell below a reasonable standard of care. The violation of the statute or code is sufficient proof of the defendant’s negligence.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 4, 2008

NEGOTIATE

NEGOTIATE:
In the legal sense, when concerning a personal injury case, this refers to discussions and other communications between attorneys or an attorney and an insurance company entered into for the purpose of resolving a dispute and with the intention of maximizing the client’s award of damages. Negotiations can include mediation with a neutral third party and a settlement conferences, usually with a judge.



The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.


Posted On: January 3, 2008

OBJECTION

OBJECTION:
This is a lawyer’s protest about the legal propriety of a question which has been asked of a witness by the opposing attorney. Objections may be made because the witness is incompetent to testify, meaning that the witness does not have first hand observations, helpful to determine one or more facts at issue. Objections are also made because the evidence offered is irrelevant, meaning the question is not about the issues in the trial; hearsay, meaning the answer would be what someone told the witness rather than what he or she knew first-hand; leading, meaning putting words in the mouth of one’s own witness; calls for a conclusion, meaning asking for opinion, not facts; compound question, meaning two or more questions asked together; or lack of foundation, referring to a document lacking testimony as to authenticity or source. The judge will either “sustain” the objection, ruling out the question, or “overrule” the objection, allowing the question in.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 2, 2008

OPENING STATEMENT

OPENING STATEMENT:
The attorney’ first opportunity to tell the jury or trier of fact what each party intends to prove or defend and what evidence will be revealed through the witnesses’ testimony and exhibits.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 2, 2008

INJURY

INJURY:
Harm or damage to a person.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 1, 2008

PAIN AND SUFFERING

PAIN AND SUFFERING:
This is the legal term used for physical and mental distress resulting from an injury. It includes injuries such as broken bones, torn ligaments, sprained or strained muscles, bulging, herniated or ruptured discs, internal ruptures of organs, aches and pain resulting from a whiplash, the temporary and permanent limitations on one’s life activities, potential shortening of life, scarring and embarrassment from scarring, and depression resulting from injuries. All of these make up “general damages” and are recoverable by a person injured through someone else’s negligence or intentional actions. Jury awards for pain and suffering are subjective and can vary greatly from locality to locality.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.

Posted On: January 1, 2008

ORDER

ORDER:
A decision, directive or mandate of a judge or a court, which is not a judgment or a legal opinion.


The Farber Law Group represents people with serious personal injuries and wrongful death claims. Our practices areas include: wrongful death; serious personal injuries; motor vehicle accidents; malpractice; nursing home neglect and abuse; burn injuries; traumatic brain injury; spinal cord injury; dangerous products; slip, trip and fall; foodborne illness; construction accidents. Contact us today for a free case consultation.