Personal Injury Cases - Essay Sample

A certain Ms. Susan Jones claims that on July 3, 2016, she suffered significant physical injury and financial loss because of the possible negligence of the Robber Baron Railroad, Inc. She desires to commence an Action at Law against RBR and demand compensation in an amount exceeding $500,000. She has sought the legal opinion of this Law Firm regarding her interest in using RBR and has asked us to accept and undertake her lawyer. Senior Partner Clarence Darrow, Esquire, has assigned the case to me, a student intern with the Firm, and directed me to conduct the necessary research and write a Legal Memorandum on the issues he has outlined.

Statement of Issues

1. Predicated on legal precedent and fact, what reasonable legal arguments could be posted in support of and in opposition to the proposition that Robber Baron Railroad owed a common law Duty of Care to Ms. Jones?

2. Assuming arguendo, the RBR owed a duty of care to Ms. Jones, and breached that duty of attention, what reasonable legal arguments, based on legal precedent and fact, could be advanced in support of as well as in opposition to the proposition, that the railroads negligence was the Proximate Cause of all her injuries and losses?

3. What reasonable legal arguments, based on legal precedent and fact, could be advanced in support of as well as in opposition to the proposition that the legal defense of Assumption of Risk may be available to RBR against the claims of Ms. Jones?

4. What reasonable legal arguments, based on legal precedent and fact, could be advanced in support of as well as in opposition to the proposition that the legal defense of Contributory Negligence may be available to RBR against the claims of Ms. Jones?

5. In Conclusion, should this Firm accept Ms. Jones as a client and advance her claims or advise her that her chance of success would be too minimal for the Firm to reasonably advance her claims such that we must decline to undertake her legal representation?

Statement of Facts

On the 3rd of July several years ago John Smith stood on the platform awaiting his train at the local Main Street Station of the RBR (Robber Baron Railroad). Bound for a family 4th of July celebration, he carried a large clear plastic bag containing many boxes. Each box displayed the word FIREWORKS in huge bright letters plainly visible through the plastic bag. When he arrived at the platform, to avoid being considered suspicious, he informed a station assistant he was carrying fireworks. The station clerk looked through all the boxes, found them to be intact and sealed, and told Mr. Smith he could take them on the train, but to be careful.

On the next platform, about 100 feet away from Mr. Smith, Ms. Susan Jones was awaiting her RBR train to a different location. Mr. Smiths train arrived. Before it came to a stop, Mr. Smith began to climb the steps to his passenger car, lost his footing and began to fall backward. Fortunately, the station assistant was nearby and caught him. However, Mr. Smith dropped his bag. It fell under the still slowly rolling wheels of the train which caused the fireworks to ignite. The minor explosion did not cause any physical contact or bodily injury. She fell off the platform, 4 feet down onto the rails of the railway, suffering a concussion, and a broken right arm and hip.

A memorandum of law can simply be described as a brief legal document containing legal defense that supports legal influences in aver of a case and helps in the willpower of a case. Research on legal basis usually establishes itself regarding written documents. Such documents are not only used locally within firms but also outwardly with other parties. A memorandum of law is, therefore, a principal material that is usually used, and sometimes transformed into a brief letter to help in solving cases among different parties. In other words, a memorandum of law is a clear or short writing that entails details about a case and the legal provisions that can be used to solve the same. Internationally, most organizations depend on a memorandum of understandings to describe not only bilateral but also a multilateral agreement between parties that could be tied up in a conflict or disagreement. Lately, there have been manifold personal injury cases that arise when an individual suffers harm from a coincidence and that another party could be responsible for that damage. Such suitcases become formalized through civil courts proceedings that aim at finding the party in charge through a court judgment. Unlike other fields in law, personal injury cases have developed in most countries especially the developing ones. Any personal injury law or statute requires that the conflicting parties understand the provisions.

Additionally, a memorandum of law expresses a convergent situation of will between two parties that indicate an intended standard frame of action. It most commonly used in cases where conflicting parties do not seem to comply with legal requirements or in situations where the opposing parties fail to create a legal agreement. A memorandum is a summary or note that informally records an outline of an issue which may be detailed later. In most cases, a protocol of law may be prepared by an attorney to help in supporting a legally abiding argument which maybe is in one way or another similar to a brief but with much less attention to legal formalities of legal writings. A memorandum of law entails arguments based on the understanding of the lawyer the legal issues are in most instances supported by citations to authorities of law.

Globally, most organizations depend on a memorandum of understanding to describe not only bilateral but also a multilateral agreement between parties that could be tied up in a conflict or disagreement. A memorandum of law basically expresses a convergent case of will between two parties that indicate an intended standard frame of action. It most commonly used in cases where conflicting parties do not seem to comply with legal requirements or in situations where the opposing parties fail to create a legal agreement. A memorandum is a summary or note that informally records an outline of an issue which may be detailed later. In most cases, a protocol of law may be prepared by an attorney to help in supporting a legally abiding argument which maybe is in one way or another similar to a brief but with much less attention to legal formalities of legal writings. A memorandum of law entails arguments based on the understanding of the lawyer the legal issues are in most instances supported by citations to authorities of law. A memorandum of law will, therefore, serve as a guide in the development of a solution in this case.

Personal injury cases mostly deal with the plaintiff, who is usually hurt as a result of another partys irresponsibility. The court must establish that the plaintiff was actually hurt and that it is the responsibility of the other person to pay a particular amount as damages. Unlike other common cases, personal injury cases solely depend on written statutes from higher authorities. The individual who is usually hurt normally proposes a certain amount that they feel should be paid to them to cater as compensation. The court therefore goes further to explore the whole situation before making a ruling. In most cases, the plaintiff is required to provide enough evidence to show that they were actually hurt. The overall objective of such a case is to bring the defendant to accountability and preventing such accidents or harm from happening to other persons in future. Depending on the scenario of such cases, the two most important aspects are damages and liability.

On the 3rd of July several years ago John Smith stood on the platform awaiting his train at the local Main Street Station of the RBR (Robber Baron Railroad). Bound for a family 4th of July celebration, he carried a large clear plastic bag containing many boxes. Each box displayed the word FIREWORKS in huge bright letters plainly visible through the plastic bag. When he arrived at the platform, to avoid being considered suspicious, he informed a station assistant he was carrying fireworks. The station clerk looked through all the boxes, found them to be intact and sealed, and told Mr. Smith he could take them on the train, but to be careful. On the next platform, about 100 feet away from Mr. Smith, Ms. Susan Jones was awaiting her RBR train to a different location.

Mr. Smiths train arrived. Fortunately, the station assistant was nearby and caught him. However, Mr. Smith dropped his bag. It fell under the still slowly rolling wheels of the train which caused the fireworks to ignite. The minor explosion did not cause any bodily contact or physical injury. The sound of the explosion was so loud it caused Ms. Jones to jump and step backward. Such a case would use a memorandum of law in helping to come up with a solution that would be favorable to both parties.

Over four million individuals are injured in accidents every year - at home, in their cars, at work, or outdoors. In many cases, a person is at fault, and the accident victims have a right to compensation. Although injury cases are complicated, with the help of a personal injury solicitor the whole process of making a claim can be quite straightforward. Many attorneys offer a free initial consultation and will be able to tell you if you have a justifiable complaint. A solicitor will also side with you in dealing with insurance companies to ensure that your circumstances are fully considered. The key feature of personal injury claim within the European Community is still diversity. In discussing some of the difficulties which may be encountered when dealing such a situation, this essay aims at giving the general framework of the different sources of personal injury compensation in France. Work, home, and leisure activities have altered melodramatically, thereby meaningfully changing the nature of the chances. The right to bodily uprightness is leading among the rights of personality. The victim of an individual injury has several legal means to claim recompense for his loss. Over the years, the first of this have been the devices of tort and contract liability. An ever more complete scheme of public security has been later applied. However, the new Developments threaten neither tort law nor contract law as regards to personal injury.

Recently, there have been multiple personal injury cases that arise when an individual suffers harm from an accident and that another party could be responsible for that damage. A memorundam of law simply avails critical information from higher authorities that could serve in solving a case.Such cases become formalized through civil courts proceedings that aim at finding the party in charge through a court judgment. Unlike other fields in law, personal injury cases have developed in most countries especially the developing ones. Any personal injury law or statute requires that the conflicting parties understand the provisions. The law of personal injury has been on the rise in the United States of America tort law especially in the current century. However, other forms of regulation have tapered the role of tort law because of its perceived insufficiency in some specific fields (road traffic injuries for example). New institutional governments the areas of work accidents and road traffic accidents have reduced the ambit of bodily harm. The development of the indemnification industry has enhanced the predictions...