Social Security Appeals
The general legal rule involving accidents is the following:: if a person or entity causes an injury to another as a result of an act of carelessness or negligence, that person or entity ( referred to in law as the tortfeasor) must pay the victim of the accident for the damages caused.
The victim who initiates a court proceeding to request indemnification for the damages suffered is the Plaintiff. The person that damages are requested from is the defendant. The Plaintiff (victim of the accident) must bear the responsibility of proving the case. This is called the “burden of proof”. To comply with the evidentiary burden the Plaintiff must show the following:
- The defendant owed a legal duty of care to the plaintiff.
- The defendant breached a legal duty through conduct, either by affirmative conduct (an action) or a failure to act.
- The defendant caused the accident and the damages of the plaintiff. This means that the Plaintiff must be the “proximate cause” of the damage.
WORKER COMPENSATION CASES
The above 3 general rules are only applicable in cases involving negligence. However, there are many types of lawsuits and the law may vary. If the injury is suffered as a result of a work-related accident, for example, the body of law that applies is the law of Worker’s Compensation, In those cases, negligence is not a factor to be considered. However, the worker must file suit in a different type of court.
DOG BITE CASES- STRICT LIABILITY
In other cases, such as dog bite cases, the law is one of “strict liability”. That means that the defendant is strictly liable for the damages caused by his domestic animal.
If the damages have been caused by the use of a defective product and commercial manufacturer is the potential defendant, another body of law must be applied. The defective product could be a defective ladder, a rug, a soda bottle, a prescriptive medicine, etc. There is no end to the possibilities. The law of defective products is extremely complex.
Other type of personal injury lawsuits are medical malpractice cases, which by their very nature require much investigation and specialized knowledge. In claims that involve extreme complex matters, the law office of Julio Sanchez will speak to the client to obtain the assistance of a reputable specialist.
TRAFFIC ACCIDENTS, FALLDOWNS
The most common type of cases in the negligence area involve claims for damages resulting from traffic accidents. Falldowns ( In a supermarket, or a sidewalk, parking lot, etc.) also fall in the general negligence area.
In all cases involving personal injury claims Julio Sanchez does not get paid unless the case of the client is favorable resolved. If the case is lost, there is no charge to the client. Julio Sanchez has personally tried many cases to conclusion, with and without the presence of a jury.