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Areas of Practice
EMINENT DOMAIN / CONDEMNATION
The
power of the federal or state government to take private property for a
public purpose, even if the property owner objects. The Fifth Amendment
to the United States Constitution allows the government to take private
property if the taking is for a public use and the owner is "justly
compensated" (usually, paid fair market value) for his or her loss. A
public use is virtually anything that is sanctioned by a federal or
state legislative body, but such uses may include roads, parks,
reservoirs, schools, hospitals or other public buildings. Sometimes
called condemnation, taking or expropriation.
PERSONAL INJURY
Personal
Injury is an injury not to property, but to your body, mind or
emotions. For example, if you slip and fall on a banana peel in the
grocery store, personal injury covers any actual physical harm (broken
leg and bruises) you suffered in the fall as well as the humiliation of
falling in public.
PREMISES LIABILITY
Premises
Liability law is the body of law which makes the person or corporation
who is in possession of land or premises responsible for certain
injuries suffered by persons who are lawfully present on the premises.
Premises Liability law is often referred to as 'slip and fall'.
MEDICAL MALPRACTICE
Medical
Malpractice is a term to signify bad or unskillful practice by a
physician or other professional in which the health or welfare of the
patient or client is injured. The failure of a professional to follow
the accepted standards of practice of his or her profession is
considered medical malpractice. Medical malpractice in general is any
act or failure to act by a member of the medical profession that
results in harm, injury, distress, prolonged physical or mental
suffering, or the termination of life to a patient while that patient
is under the care of that medical professional. Usually harm must be
proven to have occurred to constitute medical malpractice. To prove a
medical malpractice claim, the patient must prove the health care
provider did not comply with an acceptable and reasonable standard of
medical care in their specialty, and that this failure was the cause of
the patient's harm.
WORKER'S COMPENSATION
Federal
and state Workers' Compensation (sometimes called workers comp,
workman's comp or workmen's compensation) laws were created to ensure
that employees who are injured on the job are provided with fixed
monetary awards. This eliminates the need for litigation and creates an
easier process for the employee. It also helps control the financial
risks for employers since many states limit the amount an injured
employee can recover from an employer. Specifically, workers'
compensation is insurance that the employer is required by law to carry
in case an employee is injured on the job, becomes ill due to
circumstances surrounding their job, becomes temporarily or permanently
disabled, or even if death results from their job. All employers who
have 4 or more part-time or full-time employees must provide workers'
compensation insurance. It's the law in all 50 states.
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