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PostWysłany: Sob 5:50, 30 Lis 2013    Temat postu: moncler Important Legal Ramifications In Child Inj

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Article Tags: Legal Claim, Child's Damages
The Acid Test: Does a Legal Claim Exist? A child may have a legal claim arising from an injury accident. A legal claim arises when [url=http://www.piktor.fr/moncler/]moncler[/url] the child is [url=http://www.lotogame.fr/louboutin-pas-cher/]louboutin pas cher[/url] entitled to compensation for the injuries and damages proximately caused by the accident. Whether a child has a [url=http://www.icar2013.it]Hogan Outlet[/url] legal claim for injuries sustained in an accident will depend on many different factors. Generally, a child will only have a legal right to recover compensation if the injuries were caused by another party's negligence.
In Washington state, the term "negligence" is defined as a person's failure to exercise ordinary care under similar circumstances that led to the child's injury. Not only can a [url=http://www.villacannizzo.it/category/hogan-outlet-milano]hogan outlet[/url] person be found negligent, but so can a corporation or governmental agency. Oftentimes it will be easy to determine whether a party [url=http://www.piktor.fr/abercrombie-france/]abercrombie france[/url] was negligent, like when a driver runs a stop sign or fails to yield to pedestrians [url=http://www.lotogame.fr/hollisterfrance.php]hollister pas cher[/url] in a cross-walk. The violation of a known rule, statute or regulation can also provide evidence of whether a party was negligent. For example, if a person injures a child and also violates a statute or regulation while doing [url=http://www.riad-marrakesh.fr]abercrombie pas cher[/url] so, that violation may be admissible in a subsequent trial to prove that the person was negligent.
Sometimes there may be more than one negligent party who has caused the harm to the child. Washington follows the law of comparative negligence (also called comparative fault). This term means that more than one party may be responsible for a child's damages according to each party's percentage of negligence. For example, let's say Party A and Party B both negligently injured a child and that child's damages were calculated at $100,000. Party [url=http://www.footdedemain.fr]jordan[/url] A was found 25% responsible and Party B 75%. Party A's share of the child's damages is $25,000 and Party B's share is $75,000. Under the law of comparative fault, each negligent party is only responsible for its share [url=http://www.tesangay.com/barbour.php]barbour online shop[/url] of damages as determined by the jury (or a judge if the matter is tried without a [url=http://www.technick.fr]hollister france[/url] jury, i.e., bench trial).

Note: The "cost" of bringing the case refers only to the costs of litigation, like [url=http://www.dekortik.fr]Hollister France[/url] hiring experts, conducting depositions, creating exhibits, etc. This does [url=http://www.lotogame.fr/louboutin-pas-cher/]louboutin[/url] not include [url=http://www.renaissancedestoiles.fr]christian louboutin chaussures[/url] the fees owed to the [url=http://www.chu-forex.fr/airjordan.php]jordan pas cher[/url] lawyer for his or her time and expertise. Most lawyers however are hired on a [url=http://www.muvilav.it]woolrich outlet online[/url] contingency fee in birth injury cases.
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