Showing posts with label personal injury attorney. Show all posts
Showing posts with label personal injury attorney. Show all posts

Thursday, June 9, 2011

Man Dies after Assault, Run Over Crash in LA

If stabbing is not enough to kill an enemy, using a car as another weapon may do the job. This may be the idea running in the mind of the two attackers as they jabbed the man and run him over.

According to Los Angeles Police Department (LAPD), two men stabbed the victim, struck him with their car, and left the scene. As they reached the 1300 block of North Bradley Avenue, the car driver lost control of the wheels and crashed onto a pole.

The jabbed man was pronounced dead at the scene. The two attackers sustained injuries in the car accident and were transported to a local hospital, reports said.

LAPD homicide and traffic officers are investigating the case.

Unluckily, the attackers reveal themselves to authorities as they crashed the car and asked for medical treatment. The two men are now facing homicide and traffic law violation charges.

What is supposed to be a smooth criminal plan has ended up as a catastrophic crash. You see, crime does pay. And this time, they literally have to spend for their own hospital bill and legal expenses.

Sooner, the two men have to deal with the intentional misconduct allegations against them. Homicide coupled with traffic law violation has grave penalties and may lead to lengthy imprisonment penalty.

For more information on intentional tort, you may consult with a Personal Injury attorney in Los Angeles. You may dial our toll free number at 1-866-772-2889, or email us at info@mesriani.com for free case analysis.

Monday, February 15, 2010

Court of Appeals Upholds Catsouras’ Claim for Damages Against CHP

Long after 18-year-old Nikki Catsouras was killed in a car accident in 2006; her family continues to be haunted by her death.

The California Highway Patrol officers who responded to the accident callously took pictures of the teenager’s mangled remains, pictures which later on spread online to more than a hundred sites and viciously circulated via e-mail all throughout town.

Nikki’s were posted in Myspace account where cruel comments claimed she deserved her gruesome death. Pictures of her, some with her nearly decapitated head featured also made its way to sadistic blogs devoted to pornography and death.

Incensed, the family filed a civil lawsuit against the CHP for negligence, invasion of privacy, and intentional infliction of emotional harm.

Their case was dismissed by Orange County Superior Court Judge Steven L. Perk. The judge ruled that the agency and its employees had no legal duty to protect the privacy of the surviving Catsouras family.

However, their appeal after almost 2 years was granted by a California appeals court. The court found that the CHP officers violated the family's right to privacy and is guilty of causing emotional distress to the Catsouras family.

The Catsouras family is pursuing damages worth $20 million against the CHP.

Under the law, damages are usually paid to compensate the claimant for loss, injury, or harm suffered because of another party’s breach of duty or negligence.

A claim for damages can also be made under the Intentional Infliction of Emotional Distress (IIED) tort. While emotional distress is hard to quantify, the victim’s pain and suffering because of a defendant’s reckless or intentional act can be the basis of damages.

There are usually four elements to an IIED claim:
• The defendant acted intentionally or recklessly
• Such conduct was extreme and outrageous
• The said act is the cause of the distress
• Plaintiff suffers severe emotional distress as a result of said conduct
A civil litigation attorney or a personal injury attorney would know best how to handle and represent such claims.