dallas auto accident lawyer

dallas auto accident lawyer

dallas auto accident lawyer
dallas auto accident lawyer

Dallas Auto Wreck Lawyer: Dealing with Tailgaters – Justice News Flash

Justice News Flash

Dallas Auto Wreck Lawyer: Dealing with Tailgaters Justice News Flash Dallas auto accident lawyer Amy Witherite represents clients who were injured in car crashes. Ms. Witherite notes that tailgating leads to many car accidents. “Tailgating” occurs when one driver follows too closely behind another driver. If the driver …

Dallas Auto Accident Lawyer Discusses the Car Crash Settlement Process – Digital Journal

Dallas Auto Accident Lawyer Discusses the Car Crash Settlement Process Digital Journal Dallas auto accident attorney Amy Witherite represents injured victims of car crashes. She notes that most car accident cases don’t proceed to trial; like most other lawsuits, these cases usually are resolved with settlement agreements before trial …and more »

Lawsuit targets former police chief, city for suicide of Maypearl man – Waxahachie Daily Light

Waxahachie Daily Light

Lawsuit targets former police chief, city for suicide of Maypearl man Waxahachie Daily Light The lawsuit was filed in the United States District Court for the Northern District of Texas Dallas Division. “James hired my firm in October … The document stated Meyer asked Coffey to be handcuffed with his hands in front of him because of injuries …and more »

Tort Law for Beginners

For followers of American politics, “tort law” is probably a somewhat familiar but not necessarily clear phrase.  It is frequently fodder for argument – how to reduce torts, etc. is a subject of political debate.  This article should clear up what a tort is and perhaps suggest why tort law has a mixed reputation, despite being an important area of civil law.

A tort is a civil wrong.  It is not necessarily illegal – it just means that harm has been done to someone and seeking damages is possible.  It is not an area of criminal law, and anyone can bring a case against anyone.

The area of tort law defines what is and is not an injury.  In other words, in cases where the action is not legal, tort law defines whether or not the activity it is still injurious.  Injury doesn’t have to be physical, it can be emotional, financial, damage done to one’s reputation, etc.  It can relate to areas as varied as car accidents, product liability, toxic environments, copyright infringement, medical malpractice, and other forms of negligence, nuisance, and general liability.

Tort law generally relates to situations where someone is accusing someone else of having a duty of care towards them that has not been met.  For example, if you find something in your food that should not be there when dining in a restaurant.  These are torts of “negligence.”  It also applies to trespassing situations or defamation, in which case they are known as “intentional torts.”

This field is a very broad one; it is also a controversial one.  It is often a point of political disagreement as some people think the sphere of tort law should be restricted.  People of this school of thought tend to believe products and companies are held liable for behaviors they cannot control.  One of the most famous tort cases is the McDonald’s coffee case, Liebeck v. McDonald’s Restaurants.   In popular imagination, this case is about a woman who should’ve known the coffee was hot, and who someone ended up hurting herself despite this obvious possibility.  And yet, the company who served the coffee was held responsible.

In reality, the Liebeck v. McDonald’s case was more serious than many people today realize.  Ms. Liebeck received her coffee from a drive-through window and accidentally spilled it on her lap, suffering third degree burns.  The damage was not a matter of inconvenience or minor pain, and the case was made (successfully) that the coffee was dangerously hot.  A recent HBO documentary highlighted this and other cases that give tort law a more human dimension.  Part of the reason personal injury cases sometimes seem so absurd is that companies are usually under great pressure to produce a safe product – our reaction when they don’t can be to assume that it is the consumer’s fault, but that often isn’t fair and is not necessarily true.

Hopefully this overview gives you a better sense of what the area of tort law entails and what people are arguing about when they debate over tort law.  It is a crucial part of our legal system that protects consumers and holds individuals and companies accountable for their wrongs.  Tort law at its best promotes fairness and rounds out our legal system.

Difference between a Negotiation, Arbitration, and Mediation

Negotiation

Negotiation is the process of which several parties agree to meet and engage in an open argument of which the principal intent is to come up with the most workable settlement for all the parties involved. All the participating parties that are engaged in negotiation resort to persuasive strategies to pave way for an expedient resolution at the most appropriate time.  Below is a list of situations that rightly describe negotiation

. A client and a contractor negotiate the terms of the contract regarding a particular project.

. A police officer negotiates with a hostage taker to let go of his victim.

. The President negotiates with the senators about a law that needed to be passed.

Arbitration

Arbitration is a conflict resolution strategy that requires the involvement of a third party. The issues involved have legal and judicial implication of which the parties decide to deal with the issues in question out of court.  The third party must be neutral in essence and in his dealings. An attorney will make a fine arbitrator as he will be making judgements in the same capacity of a court judge.  The two situations below will best describe arbitration

. Two students fought and eventually ended up in the principal’s office. The principal listened and weigh each other’s side and then decides to suspend one of them.

. Two employees are involved in a company financial downturn, and both have overlapping responsibilities

over the matter. Both however do not claim personal responsibility and rather trash talk the other when the boss asked to meet them personally. After hearing both sides, the boss fired both of them.

Mediation

Mediation is the last resort that is utilized when all other options, such as negotiation, fail. It requires for a neutral party to facilitate the mediation process and help out all parties in coming up with the best resolutions to the conflict. The mediator can greatly help in offering both sides the opportunity to see things in a wider perspective, thus providing each the avenue to better cope with a compromise. Example situations of mediation are

. A customer buys a particular gadget after being enticed by a TV ad that aggressively promotes the said device. However, not a day passed, the customer realized that the gadget is totally different as advertised. The customer storms back to the store and demands a refund, but the owner refuses to do so because it is within their policy not to give refunds. So as to resolve the issue without dragging it to court, they seek out an independent mediator to sort things out for them.

. A divorced couple argue over the custody of their only child. The issue is potentially headed to an ugly court trial, but they decided instead to avail for a mediator to help them reach an agreement on custody and visitation.

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