Personal Injury Claim Plus A No Win No Fee Solicitor Plus A Recession Equals

A considerable swelling in the ranks of people who are now ready to fake personal injury claims to improve their income.

There is an increase in people making exaggerated or even false personal injury claims through the no win no fee system, is now a widely held belief amongst eighty nine percent of solicitors today, according to research results from LV.

Overstating injuries has been on the rise for the past 10 years say almost sixty percent of the solicitors involved, with almost half stating they have witnessed a surge in false claimants since the start of the recession.

Amongst the solicitors who have worked on suspect personal injury claims, over half say the claims are most likely to involve a car accident, with whiplash the most regularly exaggerated injury with post traumatic stress being the next most commonly falsified injury which is then followed by strained muscles.

The LV investigation established that sixty three percent of the legal professionals believe that television advertising of these kinds of services is one of the key factors for the increase in false personal injury claims, they also believe that those involved do perceive it as an easy way to make money.

Also according to the LV research, six out of ten lawyers now pore over possible clients stories very closely before deciding whether to take on a case.

One law business who specialise in fraudulent personal injury cases confirms what LV is saying is exactly what they themselves are experiencing, with their own investigation department stating that some forms of fraud are spiralling out of control.

If you are under the mistaken belief that personal injury claims fraud only affects the insurance companies then you are forgetting it is the ordinary citizen who has to make up the difference and LV have stated that this cost is 100 pounds per year and that figure is simply for car insurance.

The technical claims director at LV, Martin Milliner states that authentic cases are definitely a cause for compensation but reiterates that those drivers who choose to falsify or overstate injuries are in fact committing a crime and should be sought out by means of vigorous investigation carried out by the solicitors.

Immigration Consultants in Hyderabad

Moving to a country is not as straightforward as planning to move to the country. So it is must think and plan for the best prospect in an intelligent way. Flying to other countries is through a Visa, which has become easy by the Visa consultants. There are a number of categories to choose from visa consultants such as Student visa, employment visa, and business visa and more, any of them can be useful for immigration to other countries from Hyderabad.

The eligibility criteria are different for the countries, based on your education, age, work and financial status immigration can be carried. In order to get eligible need help from experts simply, immigration consultants in Hyderabad.. Suggestions are to take help from metro city like Delhi for best results, and if they have a branch in Hyderabad it is more helpful.

Nowadays many consultancies are allowing online services to guide and help people from various cities of the country. The immigration consultancies have updated information for the immigration process so it would be a better use for them under some circumstances.

As known, processing visa is a difficult task to carry on, and a visa consultant may help if needed. The experience makes a person to learn things and the experienced people are with immigration consultants. They will be back till the end of the process by giving sufficient information. The process of requirement might be a job, study or a business the consultancy will take care of the strict process.

The countries have introduced visa process to grab skilled persons and improve their financial system. Hence they carry a long test to find excellence of the person, in the field of work he is willing to apply. The steps analyze the person on the whole, and if he is perfect to get into the country visa is issued.

Common guidelines for immigration to any country are language skills- must know English or commonly spoken language in the particular country, Education- based on the grade and the university studied, work experience- if working, the place of work and number of years took for getting settled, financially status- must show truthful statements regarding the finance.

Orange County Auto Accident Lawyer

If you or someone in your family has been injured in an auto accident, you may have asked yourself, “Do I need a lawyer?” Mashney Law Offices attorneys stand ready to represent you.

It is a common and often costly mistake to assume that because you have insurance coverage you will not need or benefit from legal advice from a lawyer experienced in personal injury.

Insurance companies know that few auto accident victims are familiar with auto accident law, proper auto accident injury care, or the details of their own insurance coverage.

The majority of insurance companies have a list of doctors with whom they work. These defense doctors have an interest in maintaining a lucrative working relationship with the insurance company, an interest that may not align with an accident victims best interests, care, and legal rights.

In such situations, some defense doctors may minimize the severity of an auto accident victims injuries. Insurance companies may attempt to disallow some types of treatment in favor of less expensive and less effective treatments in order to reduce their costs. Even in accidents cases involving serious or catastrophic injury, an insurance company almost always disputes the cause of the injury and the necessity and extent of medical care continuing into the future.

Injured auto accident victims who attempt to negotiate without the benefit of legal advice from a licensed and experienced personal injury lawyer, after they have provided the insurance company with a recorded statement and been seen by an insurance company approved doctor, often discover that insurance companies are more interested in receiving premiums and in minimizing the costs necessarily associated with claims than with paying the claims of injured auto accident victims.

The injured victim of an auto accident may be wise to think carefully before attempting to negotiate with an insurance company on his/her own. The expert advice of the lawyers of Mashney Law Offices, experienced in auto accident and personal injury law, can be of great benefit to an auto accident victim.

In California as in most other states, if you are involved in an auto accident, fault and liability must be determined before an insurance company will make a settlement payment. Fault and liability refer to responsibility. The individual who caused the accident through carelessness or negligence is at fault and is liable for any property damage and personal injuries that result from an auto accident. Liability may be shared in situations in which more than one person is at fault. Each individuals settlement is likely to be based on his or her share of fault.

Auto insurance companies have deep pockets and teams of experienced and tricky claims adjusters and defense lawyers whose job it is to see that you get as little compensation as possible, a minimum payment, for your auto accident claim.

If you do not agree with an insurance company determination, Mashney Law Offices attorneys can file a lawsuit to recover additional damages, either for monetary damages, such as lost wages, or non-monetary losses, such as emotional distress, pain, anguish, loss of consortium, etc. Mashney Law Offices auto accident and personal injury attorneys have the knowledge, skill, ability, experience, expertise, and resources to represent you in your dealings with insurance companies.

Mashney Law Offices will work hard to see that you get the best settlement ethically and legally possible to compensate you for the damages, suffering, and losses you have incurred. For more information regarding auto accidents please visit

Finding a Trustworthy Employment Attorney

The rights of individuals, are protected by the laws enforced. There are instances in which the rights of a particular person ends, while the other is still starting. If there is legal problems between two sides, it’s best to look for a solution that is lawful for of them. This is the reason why an employment lawyer is needed when coping with employment-related troubles./p>

A lot of people in New York have filed a lawsuit against their business employers because of work-related issues. Most of these lawsuits involve inappropriate termination, wage and benefit problems, and even sexual harassment. The truth is, employment laws are complex and changes are made every now and then. It’s also really important that you talk to a NYC employment lawyer to know if you have the chance of winning the case. Legal professionals can assist people find out on what they must do to resolve the case effectively.

Negotiating settlement is feasible for some cases than doing legal actions immediately. It is vital that the employment attorneys go through the situation and its possible effects to ensure that their clients will benefit from the result. Selecting professional employment attorneys NYC can guarantee that all the technicalities will be extensively examined so that the clientele will have good chances of winning when filing for a suit.

In New York, there are lots of employment lawyers that you can ask for legal help, nevertheless, some of them can’t provide the excellent legal representation that you need. There are lots of things to be considered in selecting a lawyer to hire. Aside from experience, it’s also important to take into account the knowledge, skill, and fee structure of the NYC employment attorney. It is significant for legal professionals to be up to date with the latest amendments on labor laws in both federal and state levels.

The fee structure of the employment lawyer is also something that one should consider carefully. Before hiring a particular legal professional, try to ask first their payment arrangement. Additionally, plaintiffs should be aware on where their money is going so that any problem will be avoided. Ideally, NYC employment lawyer should offer a timeline as to when their client’s case will be completed and resolved.

Finding the best employment attorneys NYC can be done in multiple ways. A good way to start the search is to ask for recommendations from friends, relatives, and also colleague. It would be a great move to ask someone who have won an employment related case before. It is also possible to check out online and read reviews from clients who have tried such service. It will be best to choose an employment attorney that have a solid reputation and is noted for offering good results.

It is best to speak with employment attorneys personally, and find out if they are really dedicated in providing clients with the attention and help that they need. The mere thought of going to a legal battle with a huge business is enough to make a person tremble. However, having the ideal employment lawyer will make it simpler for the employees to fight the battle and get preferred result.

Remember that you aren’t the only person who’s in need for aid in NYC Employment Lawyers. And if you want help, there is plenty of them laid upon. You can always depend on the web as your source of details. You can consider http://www.yelp.com/biz/young-and-ma-llp-new-york with regards to this. With regards to the tips at this site, there are number of people who’ve benefited much.

Download Night At The Museum 2 Movie – Available For Free Legally

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First a little about the movie: Night at the Museum 2. It is an action comedy and a sequel to the movie of the same name. The movie tagline goes like this: When the lights go off the battle is on. Larry Daley is a security guard whose mission is to infiltrate into the Smithsonian Institute to rescue Jedediah and Octavius who have been shipped to the museum in error. To see for yourself how it all ends, download Night at the Museum 2 movie.

With this web site, you and other movie lovers get a life time access to free movies by paying a very small one time fee of $50. Quite literally, the site lets you watch movies any time, from anywhere at zero cost. All you need to do is click to download any of your favorite movies, sit back and enjoy – all the while saving on hundreds of dollars. You get to do this right from your desk which means you save up on precious time and efforts.

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How an Attorney Will Evaluate Your Case

Copyright (c) 2014 SLAPPEY & SADD, LLC

The first meeting with your accident lawyer may be seen as an interview. You will be assessing the attorney to determine how well you get along and whether you will be able to work with him. Conversely, the attorney will be assessing you and your case to see whether it is strong enough to pursue. .

Why Case Evaluation Is Necessary

The accident injury attorney must conduct an assessment of your case. In the long run, this will benefit both of you. If your case is weak, it may be a waste of your time to pursue. If there is little to no chance of winning, the attorney may not wish to invest the time; after all, personal injury lawyers work on a contingency basis and thereby only are paid if the case succeeds.

Factors in Evaluating a Case

During your initial meeting, the accident lawyer will ask you many questions. These are for the purpose of evaluating the strength of your case. Among those factors that are important to this end are: – When the accident occurred. This question is very important, for if you wait very long after the accident to file a claim you run the risk that the statute of limitations will run out and you will lose the opportunity to sue. A rule of thumb to keep in mind is that the sooner you speak with an attorney, the better;

– Details of the accident. Your lawyer needs to know in detail precisely what happened. This is important for two reasons: one, to determine who was at fault for the accident; and two, to see whether you share blame to any degree. Keep in mind that it is not uncommon for a plaintiff to share liability for an accident, but the degree to which this is the case will diminish any potential compensation;

– Injuries you suffered. Your attorney will need to know the extent of your injuries in order to determine how much your case is worth. He will also want to know whether your condition has yet stabilized or if further treatment is necessary. If you have not yet sought medical treatment, the attorney may wonder whether you are really hurt. A secondary, but important, reason for asking about your injuries is that the attorney will want to hear how well you are able to articulate them. This can prove useful later if you need to give testimony;

-Witnesses. If there were witnesses to the accident, the lawyer will need their names and contact information. Witnesses are especially important in higher-value cases; and

– Where the accident occurred. The location of the accident is important because later, if litigation becomes necessary, where the trial will take place will depend upon this.

Call an Accident Injury Attorney for Help

A personal injury accident can leave a victim with exorbitant medical bills. If you were injured in an accident because of another person’s negligence, contact an accident lawyer for assistance.

How An Atlanta Accident Attorney Will Evaluate Your Case

The first meeting with your Atlanta accident lawyer may be seen as an interview. You will be assessing the attorney to determine how well you get along and whether you will be able to work with him. Conversely, the attorney will be assessing you and your case to see whether it is strong enough to pursue.

Chicago workers compensation claims – Your Legal Right

Chicago workers compensation claims are their legal right as per the Illinois workers’ compensation laws under which the employers need to get their workers insured so that if any worker gets injured due to any type of accident at work, he or she can get proper compensation to meet the financial requirements. The insurance providers have the habit of harassing the claimant in this case and do not provide the sufficient claim amount. It becomes extremely important for the victims to hire an attorney who can represent their case and help them in recovering the maximum possible compensation properly and in time.

The attorneys looking after these types of cases of compensation claim outline the major types of injuries a worker can suffer and covered by the compensation laws and they also outline the various types of damages the workers may claim as compensation. The law firms of Chicago carry an expertise and experience in handling Chicago workers compensation claims with their lawyers are determined in providing legal help to the workers who get injured or fall ill at work through their expert legal representation. To achieve success in their fight for compensation they have got various trade unions on their side.

The workers compensation claim attorneys are regarded as knowledgeable and ethical lawyers who are best in entire America. Lawyers from other parts come to them seeking their legal advises in the matters related to Chicago workers compensation claims. If you have got injure or fell ill at work and need financial help from the compensation you deserve, hire a good Chicago attorney who looks after this type of case as they are filled with aggression diligences with expert negotiation skills and good labor law knowledge.

They do not charge any fee until they win the compensation case. The fee comes as a percentage of the claim amount which the victim gets from the insurers. They have many stories of successful representation in winning the Chicago workers compensation claims.

About Author

Shannon Gerrety is primarily dedicated to providing the information on experienced lawyers who handle different cases, including workers’ compensation injuries, personal injuries, social security disability and labor and employment. For More Information Please Visit, Chicago workers compensation claims.

Choosing Right Personal Injury Lawyer

Individuals who are injured due to the negligence of someone else can approach the court to make a claim. All the common people do not have knowledge of legal procedures to move the court when they suffered injuries due to someone else. For this they need to approach a Nashville personal injury lawyer. The details of the injury must be discussed with the lawyer so that he will be helpful to prove the negligence of the other person in the court. The types of injuries are many such as slip and falls, medical negligence and car accidents. If an individual gets injured due to faulty products also he can file a claim. When a person gets injured due to any reason, he files an accident claim so that he seeks financial help for his problems. The claim amount is decided basing on the injury level, physical damages, financial loss due to losing of employment and loss of salary.

Choosing a personal injury lawyer: When looking for a lawyer, one must remember that every Nashville personal injury lawyer cannot manage a claim. Personal injury lawyers are specialist legal professionals who are specially trained to handle these cases. The lawyer must also know to deal with the brain injuries or spinal cord injuries. Mentioning these injuries in the claim ensures that the victim gets right compensation. The insurance companies have specialist lawyers to fight the claim cases in court. Thus it is necessary that the individual must also appoint a capable lawyer to defend them in the court. It is advisable to choose a lawyer who has good contacts with medical specialists. Look if the lawyer has dealt with such cases in the past. The lawyer must also collect evidence from the witnesses to make the case strong.

Types of injury claims: Injuries are of many types. For various types of accident claims, one should engage lawyers that have experience in that field. Medical negligence cases need the lawyers to know about medical negligence laws. Specialist lawyers are required to file business claims. Brian injuries of any other permanent injury claims require the services of a lawyer who had the experience of dealing with such cases. It is not possible for a common man to fight the insurance companies and a specialist personal attorney must be appointed for this purpose.

law as social engineering

SOCIAL ENGINEERING BY ROSCOE POUND

ISSUES IN LEGAL AND POLITACAL PHILOSOPHY

Submitted By: SAI ABHIPSA GOCHHAYAT PG 21005 West Bengal National University of Juridical Sciences, Kolkata

CHAPTER I

INTRODUCTION: Man is a social animal and needs a society for his leaving, working and enjoying life . A group of individual forms a society. Society has become an essential condition for human life to develop his or her personality. Therefore society and human life always go together . Every human being has also born with some desires and expectations which are inherent in nature. From childhood to till old age, every human being expects that his or her desire is to be fulfilled for which their arise conflict of desires or claims which comes under the term -interest’. It is impossible to fulfil all the desires of a human being. So to fulfil the desires of maximum human being for the welfare of society the concept of Social Engineering was emerged and which was coined by Roscoe Pound . The force which asks for the adoption of Social engineering is nothing but the conflict of interests of individuals. Interests more particularly the conflicting interest are the subject of Social Engineering. Social engineering is based on the notion that Laws are used as a means to shape society and regulate people’s behaviour. It is an attempt to control the human conduct through the help of Law . According to Pound, -Law is social engineering which means a balance between the competing interests in society’ , in which applied science are used for resolving individual and social problems. For this purpose this paper is going to discuss about the mechanism of Law in bringing Social Engineering. This paper is divided into three parts. Part II will discuss about the object of the paper. Part III will give suggestions and conclusion.

CHAPTER II ISSUES: Conflict of interest and the order of priority – To which interest importance will be given so that balancing of interest, can be achieved for the benefit of society by sacrificing other interest and how law helps in bringing social engineering. The object of the paper is to find out how Law helps in harmonizing conflict of interests. According to Pound, Law is Social Engineering . He says that -like an engineer’s formulae, laws represent experience, scientific formulations of experience and logical developments of the formulations, also inventive skill in conceiving new devices and formulating their requirements by means of a developed technique- . He called this theory as -Theory of Social Engineering’. Here Pound has used two words i.e. -Social’ means group of individual forming a society. The second word is -Engineering’ which means applied science carried out by engineers to produce finished products which are necessary for the society and which fulfil all their needs. By combining these two words he tries to say about engineers and what they do. They use the formula which is based on continuous experimentation and experience to get the finished product by means of an instrument or device. Therefore Pound represents -experience with law’, -instrument with organs of government, -engineers with judge and lawyer’ and -finished product with the wants of human beings’ and -society with a factory’. He says that like engineers, the lawyer should apply law in a court room so that the desires of the people are fulfilled. Therefore he calls law as Social Engineering and says that the aim of Social Engineering is to build as efficient a structure of society as possible which requires the satisfaction of wants with the minimum of friction and waste. It means Law should work for balancing of competing interest within the society for the greatest benefit. In a society everybody is motivated by their own interest and wants that preference be given to his or her interest over the other. Conflicts between interests arise because of the competition of the individuals with each other, with the public in order to satisfy human wants. Therefore it is needed to recognise the interest to which law should take account . For this purpose a legal system has to i.Recognize certain interest ii.Define the limits within which such interest are to be legally recognized and given effect to it. iii.And finally the above interest should be secured. Suppose I want to stand first in the exam. It is my desire. But this desire cannot be fulfilled because there is no legal recognition as there is no state’s interest in standing first position. Therefore law has to take into account the desires which need recognition. For the purpose of satisfying human interests, Pound defined interest as -claims or wants or desires which men assert de facto about which the law must do something if organised societies are to endure’ . Pound classified various interests which are to be protected by the law under three categorise which are the following : 1.INDIVIDUAL INTERESTS: These are claims or demands involved from the stand point of the individual life which consists of interest of personality, interest in domestic relations and interest of substance. 2.PUBLIC INTEREST: These are the claims or desires asserted by the individual from the stand point of political life which means every individual in a society has a responsibility towards each other and to make the use of things which are open to public use. 3.SOCIAL INTEREST: These are the claims or demands in terms of social life which means to fulfill all the needs of a society as a whole for the proper functioning and maintenance of it. It is found that there is overlapping of interest between Public and Social Interest because both are same. Pound is silent about the overlapping of interest and discussed the problem of interests in terms of balancing of Individual Interest and Social Interest . He has classified the interest into three categories but talks about the balancing of only Individual and Social Interest. It is also found that interests are the subjects on whom law has to apply social engineering. How to evaluate the conflicting interests in due order to priority? What are the guidelines on the basis of which social engineering should be carried out? Pound’s answer by saying that every society is based on basic assumptions which help in ordering of interest . One interest is of more value than that of other and the object of law should be to satisfy the interest which is in the benefit of the maximum people. Thus these assumptions are identified as jural postulates which are based on hypothesis . According to Pound, jural postulates are not the absolute one and they keep on changing as the needs of the situation, place and time demands. In 1919, Pound summarised the postulates which every individual in civilised society must be able to take it for granted that : i.Others will not commit any intentional aggressions upon him. E.g. Assault, battery, wrongful restraint etc. ii.Others will act with due care and will not cast upon him an unreasonable risk of injury. E.g. Negligence iii.He can appropriate what he has created by his own labour and what he has acquired under existing economic order for his own use. E.g. agricultural land and usufruct as property. iv.The people with whom he deals with in the general intercourse of society will act in good faith. E.g. Defamation v.He must keep the things within his boundary and should look after those things so that their escape should not harm others. E.g. Ryland vs. Fletcher case In 1942, Pound added three new postulates in the list which are i.A person will have security as a job holder. E.g. ruled by labour law, law of contract ii.Society will bear the burden of supporting him when he becomes aged. E.g. 1/3rd concession in railway ticket, ceiling of income tax range is more. iii.And the society as a whole will bear the risk of unforeseen misfortunes such as disablement. E.g. reservation quota for physically disabled person in education, travel etc. The jural postulates are to be applied both by the legislators and judiciary for evaluating and balancing the various interests and harmonizing them. Somehow Pound has told about the procedure of evaluating interests. But he has not said anything about the interest which will be given more priority over other. Whether balance between Individual and Social Interest can be achieved or not? According to Pound, balance of competing interest means satisfaction of maximum interests with less friction and waste. It means to reconcile and adjust the social and individual interest. But in practice two interests cannot be balanced. It is also found that Pound has not given much detailed attention to the way one conflicting interest is to be compared with another. Balance can only be done only when two things are able to be compared. Here, the -balancing’ metaphor is misleading . If two interests are to be balanced, that presupposes some scale or yardstick to measure and two things should be able for comparison . For balancing of anything, mathematical calculation or ratio is the outcome. For e.g. in case of ecological balance, the amount of CO2 in terms of % is to be balanced with O2 which means reduction of CO2 by aforestation or increasing the level of O2 by aforestation so that ecological balance can be attained. Therefore balance means to upgrade one thing at par with other so that neither of the two things loses anything. As per Pound’s theory, there is a clause relating to the protection of natural environment coming under social interest. There is no doubt that every society wants a healthy environment and the factory producing nuisances and pollution needs to be closed. It is in the interest of whole public for which factory is closed and the maximum satisfaction of people is achieved. But the owner of the factory having Individual Interest suffers a lot. In this circumstance, though maximum interest of the people is satisfied with least sacrifice of individual interest of the owner but balance between Individual and Social Interest has not been achieved because one has to suffer and other has to gain. When there is a matrimonial dispute between a husband and wife and wife gets a divorce decree against her husband, in this case interest of wife prevails over the husband and balance of two Individual Interests is not there because husband has to give maintenance to wife and children for which the husband suffers a lots. Exception is in case of Divorce by Mutual Consent in which both husband and wife are satisfied with divorce decree and their individual interests are fulfilled. By above discussion it is opined that conflicting interests can be satisfied by reconciliation and adjustment and the word balance is not the appropriate one for conflicting interest. How does the satisfaction of the maximum of wants with the minimum of friction and waste can be done? Pounds theory asks for the maximum gain with least friction and waste i.e. maximum satisfaction of human wants or expectations with least sacrifice. Here Pound wants to bring social control in the society. According to him social control means satisfaction of the maximum of wants of the human being in a society. Pound says that for social control, interest is the only thing which should be taken into account and Law is a means of social control. Thus law should work for balancing of interest within the society i.e. satisfying maximum interest with least waste. Somehow this theory gives prime importance to interest of public at large over individual interest and if interpreted strictly then they may result in eliminating individual interest. Here law is not supposed to deal with individual interest but bunch of interest. The tool is given in the hands of law to set them at their right position for the maximum outcome. It is true that law and order plays an important role in a society. Law and order are carried out by the Judiciary and they keep on harmonising the conflicting interests of the individual and the public through the process of social engineering. It has been witnessed through the action of Supreme Court in Vellore Citizen’s Welfare Forum Vs. The Union of India in which Kuldip Singh J. delivered the judgment that -even if the industries are of vital importance for the countries progress as they provides employment but having regard to the pollution caused by him, the principle of -sustainable development’ has to be adopted as a balancing concept between ecology and development- . In this case the two principles emerged i.e. -precautionary principle’ and the -Polluter Pays’ principle. In a land mark case of Union Carbide Corporation vs. Union of India , the Supreme Court laid down the rule of Absolute Liability in which it was held that -where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous activity, then the enterprise involved is strictly and absolutely liable to compensate to all those who are affected by the accident- . In this case regarding the compensation the Court said that the measure of compensation must be correlated to the magnitude and capacity of the enterprise because such compensation has a deterrent effect for future accident.

After this case, Central government passed an Act known as -The Bhopal Gas Leak Disaster (Registration and Processing of Claims) Act, 1985′ in which sec.5 of this Act says about the categorization and registration of claims . The various claims of the each individual relating to their own body, property and the claims arising from damage to flora and fauna were registered. Under sec11 of this Act, the quantum of compensation payable to the claimants was decided.

From this judgment it can be said that law gives first priority to social interest over individual interest of substance i.e. in conserving natural resources and in the protection of natural environment which is required by the whole public against the private individual who is the owner of the enterprise. Finally the maximum claims of the people were satisfied with least sacrifice of individual interest. By this act it can be seen that how various claims were categorized and compensation were given, which ultimately says that law is an instrument of social change.

In Deepa vs. S.I of Police It was held that the interest of society should be given paramount consideration over the individual interest of those who are running the show for profit and who are also earning livelihood by performing the cabaret dance in a hotel . It was a situation where the whole public says that the dance was obscene in the eyes of onlookers, which is an offence u/s 294 of IPC 1860. Hence it is found that Social Interest prevails over the Individual Interest. But this is not true in many cases. Social Engineering deals with as many satisfactions of human wants which means law should play an important role in bringing social change by fulfilling the interest of the society as a whole. There are also instances where individual interest has priority over social interest. According to Sec122 of Evidence Act 1872, marital communication between husband and wife which is an individual interest in domestic relation are privileged . Then Social Interest can be fulfilled by securing privilege communication (matrimonial communication) in which individual interest in connection with domestic relation is first privileged and which in turn secure the social institution of marriages.

Law has given preference to the interest of backward classes through reservation in government jobs, educational institutions, which not only hampers the interest of eligible candidate but also it hampers the interest of the public at large. By this type of law general people cannot tell that this reservation policy which comes under constitutional law is a bad law for them. Sometimes bad law becomes good law. Here Law helps in social engineering by giving special protection to the minority class having individual interests over social interests so that there can be ultimate social progress by bringing the minority class equally to the standard of upper class.

CHAPTER III CONCLUSION: By analysing this paper it is concluded that, Law plays an important role in reconciling and adjusting conflict of interests. Both the Social Interest and Individual Interest prevail over each other. Priority is given to both the interests. Roscoe Pound has given the concept of Social Engineering for the American Society but this concept is followed by other countries in resolving disputes. India has also followed the same concept in establishing a welfare society. Both Judiciary and Legislators play an important role in enacting the statutes which fulfil the various desires of human being. In this techsavvy society desires of human being grows and to fulfil their desires new policies, strategy has been developed.

BIBLIOGRAPHY

1.SHANKER RAO, C.N. Sociology Primary Principles. 3rd ed 2000. Published by S. Chand & Company Ltd New Delhi.

2.MAYNENI, S.R. JURISPRUDENCE (LEGAL THEORY.2nd ed reprint 2007.S.P. Gogia (Asia Law House)Hyd.

3.MAHAJAN, V.D. JURISPRUDENCE AND LEGAL THEORY.5th ed reprint 2006. Eastern Book Company. Luknow.

4. POUND ROSCOE. JURISPRUDENCE.VOL- III.2000. The Law Book Exchange Ltd.

5.MANI TRIPATHY, B.N. AN INTRODUCTION TO JURISPRUDENCE LEGAL THEORY.15th ed 2004. Allahabad Law Agency

6. FREEMAN, M.D.A THOMSON. LLOYD’S INTRODUCTION TO JURISPRUDENCE. 8th ed 2008. Reuters legal Ltd

7.PANDEY, J.N. CONSTITUTIONAL LAW OF INDIA. 42nd ed 2005.Central Law Agency Allahabad.

8.MISHRA, S.N .IPC.16th ed 2008. Central Law Publication.

Rigors of Personal Injury Settlements

Personal injury cases are considered as one of the more common forms of civil cases prevalent in our legal realm today. This usually involves claims that concerns individual negligence brought about by the act of another and that a consequent injury or damage to property.

These claims are for the reparation of any financial obligations brought about by the repair of the motor vehicle involved in the accident. It may also answer for any medical treatments and evaluations because of the injury experienced. Similarly, the settlement demand involves an indeterminate amount for pain and suffering dependent on the effect the injury had on the victim.

But like other civil cases, personal injury claims may actually be made subject of negotiations and settlements outside court. These settlements arrived at are as good as any other judgment made by an executive judge or by any jury of peers.

Otherwise known as alternative modes of settling disputes, arbitration and mediation has been viewed in a positive light by lawmakers and the jury system as a whole. Apart from the obvious fact that it would clear the clogged dockets of our courts of law, it also fosters the foundation of human relations catering to harmonious relationship between and among its citizen.

Alternative modes of settling disputes have long been utilized in personal injury cases. Not only would it save time and effort for the opposing parties but it would also save costly financial resources as well. Another fact note worthy to state when it comes to personal injury settlements is that the determination of the amount of settlement is actually dependent on the amount arrived at by the parties.

This means that the initial demand settlement incorporated in the demand of the injured party may actually be decreased on the basis of agreements arrived at by the parties. Hence, this would actually foster the bargaining of the parties on the basis of the level of negligence, amount of damages, and the financial capacity of the wrongdoer. The most important part when it comes to settlement arrived at outside of court processes is the fact that any settlement arrived at with full knowledge and discretion of all the parties thereto are actually considered as final and executory.

This means that any agreement arrived at with full consent and within the knowledge of all the parties can no longer be appealed and the parties are actually bound thereby.