Common Defenses in Slander Lawsuits

Slander lawsuits allege that an individual published something untrue about another party or group and thereby caused that party injury or damages. To be considered slander, the statement must have been published and made available to at least one reader.

Defenses in a Slander Lawsuit

The party accused of slandering another individual is able to defend against the accusations. Common defenses include truth, opinion, public interest, commiseration in publication and poor reputation.

Truth is an absolute defense to an accusation of slander. If the accused party can show that the statement as true, the case will be thrown out of court and the defendant will receive no damages.

Every person is entitled to an opinion. If a defendant can demonstrate that his comments were of an opinion, he may be able to avoid liability for any damages. Demonstrating that the statement was an opinion requires viewing the context of the individual that made the statement in the community. If the community would view the individual as having first-hand knowledge and as speaking the truth, the statement is unlikely to be looked upon as an opinion.

Another defense is that the statement was made in the interest of the public welfare. This defense does not require a showing that the statement was truthful, but just that it may prevent the general public from being harmed in some way.

That the individual alleging slander was involved in the public dissemination of the statements is a rarely used defense. However, in situations where the individual agreed to be involved in a publication or other type of media, it may be possible for a defendant to claim that the allegedly slandered individual knew and was involved in the publication.

The final common defense to allegations of slander is that the party alleging he was slenderized has a poor reputation. This defense is not commonly looked upon favorably by the fact finder.

Obtaining Legal Advice

If you are involved in a slander lawsuit, seek legal advice about your options and potential defenses. A lawyer will review the facts of the statement and its publication and discuss with you the options for defense that will work best.

Personal Injury Claims For Torn ACL

someone else's negligence, consult with an experienced personal injury attorney. The attorney can review the facts of your case and determine your eligibility for compensation under personal injury laws.

Torn ACL

You can suffer from a torn ACL as a result of hyperextension of the knee or sudden twisting. You will hear and feel a pop at the knee before the knee gives way. Your knee will swell immediately and you may be unable to move. You may sometimes require surgery. You will be out of action for six to nine months after surgery. A torn ACL can be very painful and can prevent you from moving about. You may not be able to attend to your job. You may have to spend a lot of money on medical expenses and care.
Personal Injury

If you suffer from a torn ACL as a result of someone else's negligence, you will have a claim for personal injury. Every person has an obligation not to cause harm to another person. When a person breaches that obligation, he or she is negligent. When the negligence results in another person suffering from a torn ACL, the latter will have a personal injury claim against the former. The latter must prove that the negligence of the former is the cause of the torn ACL. The negligence need not be the direct cause of the torn ACL. Even if it contributed to the torn ACL in some way or the other, the negligent person can be held liable under personal injury laws.
Lawsuit

You can claim compensation for the medical expenses, suffering and loss of earnings. However, the first thing you need to do is to determine the party or person whose negligence result in your torn ACL. Sometimes there can be more than one negligent party. If one of the negligent party is the local council or city authorities, then you must first send them a notice and wait for their reply before filing the lawsuit. In such cases, you must make all the negligent parties defendants to your lawsuit. You must gather evidence of your torn ACL and the medical expenses you have incurred. Your lawsuit must be filed within the statute of limitations. Generally, personal injury lawsuits are filed in the court having jurisdiction over the plaintiff's place of residence. You must prove that the defendants were negligent and that this resulted in your torn ACL. You must provide medical records to prove your torn ACL. Your claim will be rejected if you cannot prove the defendants' negligence and your injury. If you succeed, the court will order the defendants to pay compensation. The court will consider various factors including your age, employment status, earning capacity and more to determine the amount of compensation.
Getting Legal Help

A torn ACL can be painful. Don't lose out on compensation for your pain and suffering. Contact an experienced personal injury attorney.

Personal Injury Claims for Neck Strain Injuries

Neck strains are associated with the muscles that support the cervical spine, which consists of the seven vertebrae that make up the neck. These muscles can be stretched, pinched or twisted due to movements of the head, typically associated with accidents and trauma to the head, shoulders or neck. However, long term use of the muscles of the neck in atypical positions can also result in neck strains.
Neck Strains and Personal Injury Claims

Neck strains are considered to be damage to the soft issue of the muscles and tendons. Typically these neck sprain claims are first noted by significant shooting or sharp pains in the neck. Stiffness, an inability to move the neck, or tingling and painful sensations when the neck is moved to one or more positions are also very common. Other related symptoms can include tissue swelling causing difficulty in swallowing, pain when chewing, dizziness, shoulder pains and a burning sensation across the shoulders and neck. Treatment can include medications, the use of cervical collars, physical therapy and, in some cases, surgical procedures.

Neck strains can lead to personal injury lawsuits, usually when related to a slip and fall, vehicle accident, or injury or working condition that strained the muscles or tendons.
Are Treatments Covered?

All medical treatments, including ongoing physical therapy and rehabilitation, can be covered in a personal injury lawsuit for neck strains. Since neck strains are often mistaken for more serious types of injuries, immediate medical examination is recommended. In addition to medical costs, personal injury cases can also include damages for pain and suffering, lost work and other related expenses.
Proving Neck Strains

Since a neck strain is a soft tissue injury, medical records and therapy records are typically required. In most cases, the doctor will perform tests to indicate range of motion limitations, inflammation and tenderness, as well as tests for neurological problems which may include muscle spasms and numbness in the spine, shoulders or the arms and hands. This must be related to a specific trauma or accident or must have been made worse by the accident.
How to File a Claim

Since neck strain can be very difficult to prove, filing a claim on your own is not recommended. Working with an experienced personal injury attorney will ensure you have the correct documentation and medical records to prove your case should the settlement go to court. In addition, many of these claims settle prior to court and your attorney can represent your interests in direct negotiation or mediations.
Settlement Values and Settlement Offers

Most personal injury cases will start with a settlement offer by the insurance company. This offer is rarely in the injured parties best interest to accept since it is often not comprehensive or fair based on possible further medical bills, pain and suffering, and possible lost time at work. Each case is different based on the severity of the injury, other possible injuries, and the long term possibility of further complications. Attorneys that specialize in personal injury cases can evaluate or assess your case and provide possible settlement ranges of a few thousand dollars to hundreds of thousands of dollars.
Factors to Consider

An understanding of related settlements as well as the long term costs of a neck strain is essential in determining a fair settlement value. Keep in mind that long term therapy, change in career, and even a modification in what you can enjoy in your daily life may all be issues to consider when neck strains are the result of an accident or injury

Burn Injury Settlement Amounts

Hire a Lawyer or Handle Your Own Case?

chance you are going to be dealing with some type of insurance company. For example, if you get into a car accident, the insurance company of the driver responsible will provide you with compensation. If you sue a doctor for medical malpractice, his medical malpractice insurer will handle the case. If you sue for premises liability, the homeowner's insurance or liability insurance is going to kick in. Because you are almost always going to be dealing with an insurance company, it is very important to understand how insurance handles liability claims.

Insurance Adjuster Motivation

Insurance adjusters are assigned to a case to investigate facts and determine how much the case is worth. They work for the insurance company, not for you as the insured or the victim. They are not interested in making sure you get the fair and just compensation that you deserve. Instead, they are interested in keeping the payouts as low as possible so the insurance company is more profitable.

While insurance adjusters want to pay out as little as possible, they also have the ultimate goal of avoiding a lawsuit by making a settlement offer that the injured party will accept. If a case does not settle outside of court, the individual who was injured usually has the right to file a civil lawsuit and, once the plaintiff has proven his or her case, the judge or jury will make a decision on what damages are appropriate. This is risky for an insurance company, as the damage award can end up being very high if the jury is sympathetic to the plaintiff. Legal fees and other costs associated with a trial can also become expensive for an insurer.

The insurance adjuster, then, generally has the job of getting the insured to accept as low of a settlement offer as possible instead of filing suit. Typically, adjusters decide on how much they are actually willing to pay out (the maximum) and then will make an offer that is lower than that max, sometimes as much as 25 to 50 percent lower. This gives them negotiating room during settlement talks.

How an Insurance Adjuster Decides on an Offer

In personal injury cases, insurance adjusters usually consider the same factors that juries would look at in deciding what damages are appropriate. This means the adjusters are usually looking at:

• Actual expenses (medical bills and costs) that have been incurred and that will be necessary in the future
• Actual losses in the form of lost income or lost wages
• Pain and suffering damages
• Emotional distress damages

Some of these costs, like for actual expenses and losses, are very easy to determine. The numbers can just be added up. Pain and suffering, on the other hand, is much more subjective. There may also be additional forms of compensation necessary in certain cases, such as if an individual dies as a result of an injury and a wrongful death suit is possible.

Pain and Suffering Calculations

Because of the complexities associated with calculating pain and suffering, insurance adjusters usually have a formula or system that is used. Two examples of possible techniques used to calculate pain and suffering include:

• A per diem system, where the injured victim is paid a set amount for each day of suffering
• A pain multiplier system, where the insurance company multiplies the cost of the actual losses (for medical bills and lost income) times a set number. The number that is often used for a pain multiplier will usually vary between 1.5 and 5, but each insurance company may have a slightly different system here.

Past court cases from the jurisdiction where the claim would be made can also influence how much money an insurance adjuster is willing to pay out.

Other Considerations

Insurance adjusters also consider two other key factors:

The policy limits.

An insurance company is never going to pay more than the maximum amount of the insurance policy. For example, if a driver bought $50,000 in liability insurance, the maximum the insurance company will ever pay out is $50,000 total in legal fees and damages.

The strength of the plaintiff's case.

If the plaintiff has a really solid case (like a medical malpractice claim where a doctor left a surgical instrument inside of him or amputated the wrong leg) then the insurer is more likely to offer a larger settlement because a plaintiff's victory in court will be almost certain. If a plaintiff's case is fairly weak, then the insurer is likely to offer much less, since the insurer and the plaintiff will be aware that there's a chance he could go to court and get nothing.

Insurers and insurance companies also know that they have a legal duty to evaluate claims fairly. When an insurer acts in "bad faith" and denies claims that it should pay as a result of the insurance contract, this can lead to a tort action against the company.

Effectively Dealing With an Insurance Company

Once you have an understanding of how insurance companies work and of what the motivation of the insurance adjuster is, you can use that information to your advantage to negotiate the best settlement possible. There are a few key things in particular that you should do:

You should consider hiring a lawyer.

This lets the insurance company know immediately that you do take your rights seriously and that you will be filing a lawsuit if you aren't given a fair settlement. Your lawyer also knows how to determine what your specific case should settle for and can use his expert legal knowledge and negotiation skills to get you the benefits you deserve.

Make sure you have clear evidence of fault and of the extent of your injuries

Photographs, pain journals, extensive medical records, and records of all bills paid and work lost are all essential to maximizing your recovery.

Consider sending a demand letter

This is essentially a letter where you state what you will accept in order to settle the case. If you send such a letter, then the negotiations with the insurance adjuster can begin at the number that you believe is fair, rather than the number that the insurance adjuster decides is right. This can result in a more favorable final outcome for you.

Try to determine what the policy limits are whenever possible.

This will let you know exactly what the maximum payout from the insurer is. While technically you could get a judgment for a larger amount than the maximum payment from the insurer, you'd have to try to collect this excess from the defendant personally. This might be hard to do if the defendant has limited assets.

You must make sure that you do not accept a settlement offer until you know the full extent of the damage and injuries you have suffered and until you are confident that the settlement is fair and sufficient. Once you accept the offer, you must sign a release of all claims and you cannot change your mind and decide to sue later.

Using Your Evidence

The above steps should all help you to make the best deal possible with the insurance company. The main key, however, is to make sure you have evidence necessary to prove fault and to prove your injuries. With sufficient evidence, even if you are not able to reach a settlement, you will be able to go to court and get the compensation you deserve.

In your dealings with the insurer, you should make sure that they are aware of the amount of evidence you have. You should also be careful not to give them any evidence to use against you. Do not volunteer more information than asked, think carefully about your answers to questions, and never admit fault or guilt to the insurer.

Insurance companies have lawyers and sometimes whole legal teams working on their behalf to try to pay you as little as possible. You should hire an experienced personal injury lawyer when you are involved in dealing with an insurance company. Your lawyer can help to ensure that your legal rights are protected and that you get the compensation you deserve.

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