Personal Injury falls under Tort Law. Personal Injury involves civil law cases where you are trying to obtain compensation for an injury you sustained to your person. Physical injuries to your person could arise from being involved in an automobile accident, a railroad accident, airline or other common carrier accident, a construction or other workplace accident, being injured as a result of a dangerous or otherwise unsafe product and other injury-causing situations. However, personal injuries don't even necessarily have to be physical-they could be psychological. Psychological personal injuries are typically caused by psychological trauma associated with life-threatening and/or disfiguring physical injuries, or as a result of witnessing trauma in others, or following personal escape from serious injury following a traumatic event. Before you can collect an award, your personal injury lawyer will have to prove that the defendant is liable. To prove liability, the attorney must also establish negligence.

If there is any failure on your part to exercise reasonable care to prevent injury or damage then there may be comparative (or contributory) negligence, where you and the other party both are at some degree of fault. If you win, you may receive money (an award) to compensate for medical costs, lost wages and lost future earnings as well as possibly for pain and suffering and punitive damages.

What is a Tort?

A tort is a civil wrong recognized by law as grounds for a lawsuit. Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products). These wrongs result in an injury or harm constituting the basis for a claim by the injured party (tort litigation). While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing similar harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages. Among the types of damages the injured party may recover are: loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses. *

Bankruptcy Law provides a legal method for an individual or commercial enterprise (business) to either wipe out (discharge) the debts by liquidating assets and distributing them among creditors or resolve them by developing a court-approved reorganization plan, or other plan involving the repayment of creditors over time.

The primary purposes of bankruptcy laws are to relieve honest individual and commercial enterprise debtors from indebtedness and to provide them with a fresh start. Title 11 of the United States Code (the bankruptcy code) regulates the bankruptcy proceedings, including what chapter under which a debtor may file, what bills can be eliminated, how long payments may be extended, what possessions can be kept, and all other details concerning the bankruptcy. If the debtor initiates the bankruptcy it is called a voluntary bankruptcy. If the creditor initiates the bankruptcy it is called an involuntary bankruptcy.

Bankruptcy Proceedings

There are two basic types of bankruptcy proceedings: liquidation under Chapter 7 and debtor rehabilitation involving a court-approved plan of reorganization and payment of the debts over a period of time using future earnings under Chapters 9, 11, 12 and 13. The following gives general information on the five chapters of bankruptcy under which the debtor may possibly file:

Chapter 7 - informally called "straight bankruptcy," is a liquidation bankruptcy proceeding. The debtor turns over all non-exempt property (assets) to the bankruptcy trustee who then converts it to cash for distribution among the creditors. At the end of the proceeding the debtor receives a discharge of indebtedness (discharge notice) for all dischargeable debts, releasing him or her from personal liability for those debts.

Chapter 9 - Adjustment of Debts for a Municipality - is a federal mechanism for the resolution of municipal debts passed by Congress about 60 years ago. This form is similar to reorganization under Chapter 11, but it's only available to municipalities. Municipalities include cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts.

Chapter 11 - Reorganization - is normally the chapter under which commercial enterprises (businesses) file. This allows the business to continue its operations while repaying creditors concurrently through a court-approved plan of reorganization.

Chapter 12 - Adjustment of Debts of a Family Farmer with Regular Annual Income - provides debt relief to family farmers. Chapter 12 proceedings are very similar to those of Chapter 13 where the debtor proposes a plan to repay debts over a period of up to three years, unless the court approves a longer period, no more than five years.

Chapter 13 - Adjustment of Debts of an Individual with Regular Annual Income - provides debt relief for individuals (consumers). Chapter 13 differs from Chapter 7 in the respect that it enables the debtor to keep valuable assets, like a house, while making payments to creditors (through the trustee) based on the debtor's anticipated income over the life of the plan, usually three to five years. At a confirmation hearing, the court either approves or disapproves the plan, depending on whether the plan meets the Bankruptcy Code's requirements for confirmation. *

Wills: Wills are the most common way for people to state their preferences about how their estates should be handled after their deaths. Many people use their wills to express their deepest sentiments toward their loved ones. A well-written will eases the transition for survivors by transferring property quickly and avoiding many tax burdens. Despite these advantages, many estimates figure that at least seventy percent of Americans do not have valid wills. While it is difficult to contemplate mortality, many people find that great peace of mind results from putting their affairs in order.

Wills vary from extremely simple single-page documents to elaborate volumes, depending on the estate size and preferences of the person making the will (the "testator"). Wills describe the estate, the people who will receive specific property (the "devisees"), and even special instructions about care of minor children, gifts to charity, and formation of posthumous trusts. Many people choose to disinherit people who might usually be expected to receive property. For all these examples, the testator must follow the legal rules for wills in order to make the document effective.

Probate: The legal process of transferring of property upon a person's death is covered under "Probate Law." Although probate customs and laws have changed over time, the purpose has remained much the same: people formalize their intentions as to the transfer of their property at the time of their death (typically in a will), their property is collected, certain debts are paid from the estate, and the property is distributed.

Estate: Estate Planning is more than just a simple Will. It also typically protects your wealth and assets by minimizing potential taxes and fees, sets up contingency planning to make sure your wishes regarding health care treatment are followed, manages and administers your estate and appropriately distributes your assets to your intended heirs.

On the financial side, a good estate plan coordinates what would happen with your home, your investments, your business, your life insurance, your employee benefits-such as a 401(k) plan or Investment Retirement Account (IRA)-and other property in the event you became disabled, incompetent or if you die.

On the personal side, a good estate plan includes directions to carry out your wishes regarding health care matters, so that if you ever are unable to give the directions yourself, someone you select would do that for you, and know when you would want them to authorize heroic measures and when you would prefer that life sustaining machines be shut down (pull the plug). *

Wrongful Death occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. An action for wrongful death belongs to the decedent's immediate family members (often called "distributees"). The most common distributees are surviving spouses and children, and sometimes parents. A suit for wrongful death may only be brought by the personal representative of the decedent's estate. Every state has a civil "wrongful death statute," or set of statutes, which establish the procedures for bringing wrongful death actions. Actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent's death are also brought by the personal representative. The damage awards from these actions belong to the estate and may pass to different parties as directed by the decedent's will.

Elements of a Wrongful Death Lawsuit

In order to bring a successful wrongful death cause of action, the following elements must be present:

    * The death of a human being;
    * Caused by another's negligence;
    * The survival of family members who are suffering monetary injury as a result of the death, and;
    * The appointment of a personal representative for the decedent's estate.

A wrongful death claim may arise out of a number of circumstances, such as in the following situations:

    * Medical malpractice that results in decedent's death;
    * Automobile or airplane accident;
    * Occupational exposure to hazardous conditions or substances;
    * Death during a supervised activity;
    * Damages in a Wrongful Death Lawsuit.

Pecuniary, or financial, injury is the main measure of damages in a wrongful death action. Courts have interpreted "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance, and medical and funeral expenses. Most laws provide that the damages awarded for a wrongful death shall be fair and just compensation for the pecuniary injuries that resulted from the decedent's death. If the distributees paid or are responsible for the decedent's funeral or medical care, they may also recover those expenses. Finally, a damage award will include interest from the date of the decedent's death. *

Up until 1944, insurance was not considered "commerce" and not subject to state or Federal regulation. But, because of some key cases, including United States v. South-Eastern Underwriters Association, Congress passed acts that provided the power to states to regulate and control the insurance businesses. While state insurance statutes override most Federal laws, some portions of federal law (like Federal tax laws) are always commanding. State laws govern the "business of insurance," while federal laws govern the peripherals of the industry (e.g., labor, tax, securities, etc.). Insurance Law encompasses the state statutes and Federal laws governing the insurance business and the peripherals of the industry.

What is Insurance?

While there are a lot of types of policies with varying regulations and benefits, the purpose of insurance is all the same: to allocate the risks of a loss from the individual to a great number of people. In the absence of insurance, three possible parties bear the burden of an economic loss; the individual suffering the loss; the individual or entity causing the loss via negligence or unlawful conduct; or a particular party that has been allocated the burden by the legislature, (e.g., employers under workers' compensation laws and statutes). With insurance, individuals pay a "premium" into a pool, from which losses are paid out. Insurance companies are generally considered the safe keepers of this pool of premiums and they are the ones who pay the claims of the individual losses.

What is Insurance Bad Faith?

If an insurance company violates principles or regulations governing insurance law, it may constitute bad faith in denying a claim, stalling in making a decision on a claim, or requiring unreasonable actions or documentation by the insured to prove a claim. *

Municipal Law: Municipal Law is a mixture of ordinances, regulations, bylaws and decisions that govern a municipality. Because municipalities have many and various responsibilities, the law in this area covers a broad range of issues.

A municipality is a city, town or local government unit, formed by municipal charter from the state as a municipal corporation. Its purpose is to govern local affairs such as zoning, the delivery of services such as water and police protection, and the administration of local departments like the school system.

Local ordinances are drafted and/or enforced by governing bodies of (sometimes) elected officials such as the city council, school boards, planning boards or zoning boards. Hearings before these boards on local business or controversies are usually open to the public. Decisions on local matters may be appealed, and if they involve a federal issue, may even be heard all the way to the Supreme Court.

DUI: In every state, it is a crime for a driver to operate a vehicle while impaired by the effects of alcohol or drugs. The specific offense may be called driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), and even operating a motor vehicle intoxicated (OMVI). Whatever the specific title, DUI laws make it unlawful for a person to operate a car, truck, motorcycle, or commercial vehicle if:

• The driver's ability to safely operate the vehicle is impaired by the effects of alcohol, illegal drugs, prescribed medications such as painkillers, or even over-the-counter medications such as antihistamines;
or
The driver is intoxicated at a level above established DUI standards, such as blood-alcohol concentration (BAC). *

The U.S. federal government, through the Social Security Administration (SSA), provides benefits for people who have become disabled and no longer able to perform substantial, gainful work. If you are medically disabled and unable to work, you must file a claim with the SSA to obtain these benefits. The SSA decides if you qualify and, if so, you will get monthly payments. If the SSA turns you down, you can appeal their decision.

Do you qualify for Social Security Disability benefits? There are several benefit types, including DIB (Disability Insurance Benefits) also called RSDI (Retirement, Survivors and Disability Insurance), SSI (Supplemental Security Income). The basic test of disability for all these programs is the same. The SSA asks five questions, and there are very specific definitions that the SSA uses for each stage:

   1. Are you working and making substantial earnings (SGA)? If so, you do not qualify.
   2. If you are not working, do you have a "severe impairment" which interferes with your work activity? If not, you do not qualify. If so, go to step 3.
   3. If you have a severe impairment, is it a "medical impairment" as defined by the SSA in one of its Medical Listings of Impairments? If so, you are "disabled" and may qualify for benefits. If not, go to step 4.
   4. Do you have an impairment which so disables you that you can't perform your "past relevant work" (work you've done within the past 15 years)? If you are able to do your past work (even as it is generally done by others) you are not considered to be disabled by SSA standards. If you cannot perform your past relevant work because of your impairment(s) go to step 5.
   5. If you cannot perform your previous work, does your impairment keep you from doing any other kind of work? If the answer is yes, you are "disabled" according to SSA standards and entitled to receive benefits.

This process can be very complex - one key is persistence. If you've already applied and been turned down, you need to keep going. You need to appeal.

The other key is to have an experienced Social Security lawyer by your side throughout the application process, preferably from the very beginning. *

Federal and state Workers' Compensation (sometimes called workers comp, workman's comp or workmen's compensation) laws were created to ensure that employees who are injured on the job are provided with fixed monetary awards. This eliminates the need for litigation and creates an easier process for the employee. It also helps control the financial risks for employers since many states limit the amount an injured employee can recover from an employer. Specifically, workers' compensation is insurance that the employer is required by law to carry in case an employee is injured on the job, becomes ill due to circumstances surrounding their job, becomes temporarily or permanently disabled, or even if death results from their job. All employers who have 4 or more part-time or full-time employees must provide workers' compensation insurance. It's the law in all 50 states.

Although workers compensation laws vary state to state, covered medical care generally includes: medical, surgical and hospital services, dental services, crutches, hearing aids, chiropractic treatment, physical therapy, nursing care, and prescribed medications. You may also be eligible for additional monetary compensation if you are temporarily unable to work for more than a certain number of calendar days set by state law, hospitalized as an in-patient, or become permanently disabled due to a job-related injury or illness. The right to receive medical treatment at the employer's expense typically continues as long as treatment is reasonable and necessary to treat the injury. *