NEGLIGENCE CASES IN THE UNITED STATES-PERSONAL INJURY AND MEDICAL MALPRACTICE
American lawyer Jonathan Capp, Esq. provides skillful and dedicated representation for both Plaintiffs and Defendants in US State and Federal Courts. We have recovered millions of dollars in judgements and settlements for their clients.
From the United States call: (760) 231-6498,
From the UK call 0207 101 9399
From Australia call: 02 8069 7228
You have probably come to this site because either you, a friend, or relative has been injured through the fault of another party in the United States.
These law offices specialize is representing personal injury victims from outside of the United States.
The fact that the injured person resides outside of the United States presents several issues that require our expertise.
The fact is insurance companies have only one objective: to settle any claim for as little money as possible or for nothing at all.
They will never offer a reasonable amount of compensation unless they are convinced that the injured party and their attorney are fully prepared to take the case all the way to jury trial if necessary.
It is therefore essential that the insurance company understands that you are represented by an attorney who is experienced in dealing with overseas clients and knows how to handle issues relating to overseas medical records and doctors.
We are specialists in the procedural rules that relate to overseas litigants.
We have a track record of successfully representing overseas- including British and Australian plaintiffs- and the Insurance company will be made aware of that.
We have successfully represented seriously injured plaintiffs including those with burns, broken bones, spinal injuries, and serious brain injuries.
In general, the law of negligence regulates situations in which one party is harmed by the unreasonable acts of another.
Classic cases of negligence involve circumstances in which a driver of an automobile either runs down a pedestrian or rear-ends another motorist or otherwise causes damage by not driving carefully.
Medical negligence involves a case where medical staff, usually but not necessarily, a doctor, provide treatment which falls below that normally expected of a reasonably careful professional.
An owner or operator of a business or other premises may also cause a customer upon the premises loss by creating an unsafe environment.
The General legal situation in the United States
There is no one single law that governs negligence in the United States. Each of the fifty states have their own laws and regulations. On top of this, certain matters are within the jurisdiction of the Federal courts.
Sometimes the parties can elect to file a lawsuit in either federal or state court. Other times matters are submitted to arbitration.
Some states restrict the ability of injured people to claim damages or cap or limit the damages awarded in certain circumstances.
Unlike many other countries, in the United States most civil litigants have the right to trial by jury. An American jury is normally 12 persons drawn at random to listen to all the evidence and who render the final verdict and often fix the damages to be awarded to a Plaintiff.
The fact that damages are fixed by juries often leads people to believe that damages in the United States are higher than in many other countries. This is not necessarily the case.
Whatever, the situation, the attorneys at Capp & Marsh can frequently assist by providing either direct representation or working together with local attorneys should need be.
American attorneys typically represent their clients on contingency-that is on a no -win no fee, percentage recovery basis.
In short, in order to establish that you have been injured through the fault of another and recover for damages, in general you must prove;
1. That the third party owed you a duty to take care for your personal safety;
2. That the third party breached that duty by their careless acts or omissions; and
3. That you suffered loss and damages as a result of their carelessness or ‘negligence’.
How long do I have to file lawsuit or make a claim?
Once again the answer to this question depends on the laws of the which state in which you were in when injured. To answer this question requires a detailed analysis of your circumstances. However, and generally y speaking, the time in which you can sue, known as the ‘Statute fo limitations’, usually varies form 1-2 years., and in certian circumstances can even be less.
Thus, we cannot stress enough the importance of seeking qualified legal advise so as not to unwittingly waive or abandon your rights.