Personal injury evidence can be important in various types of cases, predominantly cases which deal directly with incidents which resulted in physical harm of an individual or have caused serious health issues. However, some cases which are only loosely connected with personal injuries may require such evidence, and the decision whether they will be used or not is entirely on the judge or the court which is governing the case. If you hire a Bronx personal injury lawyer make sure you pick one with sufficient experience and knowledge about this matter in question, since good attorneys can make the difference between you winning a case and collecting large compensation check or you losing the trial and paying for a lot of expenses with no result.
For example, in case of property damage in Susquehanna County, where a lawsuit was filed in 2009 against an oil and gas company called “Cabot Oil & Gas”, the Middle District Court of Pennsylvania decided that evidence of personal injury is to be dismissed from the case, since it was also dismissed earlier in the litigation. The citizens wanted to demonstrate their personal injury records, claiming that oil and gas company caused damage to the nearby water source and that they are therefore directly responsible for health problems which were caused by consummation of the polluted water.
However, among 28 types of evidence which were submitted to the court in a property damage case, the judge decided that evidence of personal injury is not moored to the claims and that there was not enough connection. He claimed that there is supposed to be real interference to use or enjoy the land in order to held the oil company responsible, and that the symptoms, conditions and physical ailments were irrelevant in this case.
This case exemplifies the principle which says that evidence of personal injury can be used in court only if it has enough connection and relevance to the main subject of the case, and if the symptoms are directly caused by negligence or malpractice.
Most of us are familiar with the disastrous situation at Flint, and we have all seen the news or read the papers about the dreadful events which occurred in that city, but recent news tell us that justice may be served after all and that victims may receive their rightful compensation. Class action lawsuit is being filed on behalf of the Flint victims and they finally have the chance to present their case and demonstrate how damaged they were by negligence and malpractice of the authorities, since some health consequences which happened after the catastrophe are very serious and problematic.
The State of Michigan, The City of Flint, several private companies and state agencies are all on the side of the defendant in this case and they are charged with wrongdoing which caused lead poisoning and property damage to hundreds of Flint’s residents. The change in Flint’s water source was responsible for a scenario where citizens suffered from lead poisoning, which is a very serious condition that attacks all vital organs, predominantly the brain. Children are especially sensitive and they experienced the biggest problems from bad water which was running through their town.
In cases like these, wrongful death lawyer Orlando attorneys can help a lot, and when it comes to the case concerning Flint in particular, two very capable and famous lawyers were in charge of this operation – Steve Liddle, who is actually from Detroit, has a lot of experience in environmental class actions, and Ven Johnson, who is also from Detroit but who specializes in high profile personal injury cases. The latter even has a nickname Super Lawyer, due to his multi million dollar verdicts, some even higher than $20 million. Expertize and knowledge of these attorneys are a strong guarantee that the class action lawsuit will be a success.
The distinction between living and non-living objects is pretty clear, or at least it seems that way until you look at some curious cases which are concerned with prosthetic limbs and similar bodily enhancements. People will easily tell you that a cellphone which you hold in your hand is not a part of your body, but they will hesitate and become doubtful if you ask them about the prosthetic hand which is perhaps holding the phone in questi on. Ordinary people do not usually think about this subject, but courts and law makers are responsible for making important decisions and they sometimes have to deal with difficult topics, such as the treatment of harm to prosthetic limbs, and they decide whether these cases should be filed as property damage or personal injury.
The decision is not easy, since there are many factors to consider. For now, courts are mostly treating those cases as property damage, which means lower fines and less money for compensation, but things are changing at a remarkable rate.
As technology is improving, prosthetic limbs are becoming more and more advanced, and this makes the distinction almost impossible. Human enhancement technologies are coming up with new and sophisticated solutions on a daily basis, and nowadays we have prosthesis that are directly connected to the bone marrow (direct skeletal prosthesis) or they receive electric signals from the muscles. Patients can now mentally control those limbs and this makes them very close to being a part of the body.
Any Los Angeles medical malpractice attorneycan give you additional information about this topic, since states have their own laws about this subject and there are different understandings of the topic. Some official are still holding to the stance that prosthetic limbs do not contain human DNA and that they are replaceable, which means that they are separated from the body. Attorney with experience in this field can help you clear any doubts about the matter in question.