Personal Injury Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.
September 25, 2016 By HG.org
Drivers have become more aggressive on roads and in traffic for several years. This phenomenon has become one of the top issues that often leads to vehicle accidents. Outbursts of violent behavior have become commonplace in traffic jams and in rush hour.
September 25, 2016 By HG.org
Medication often affects individuals differently based on body chemistry and many different factors. It sometimes requires some tweaking and testing to determine which pills work the best for the patient. To discover the right medication for the person, careful attention to the entire process is required by the healthcare professional.
September 24, 2016 By HG.org
Collisions occur at night more so than during the day for various reasons. The lack of light affects many drivers adversely, but the bright lights of other vehicles may also be a contributing factor to the extensive numbers of accidents in the dark.
September 27, 2016 By Schmidt, Kirifides & Rassias
Can an injured worker pursue a claim for pain and suffering through a civil lawsuit alleging negligence; or is the injured worker limited to just a claim for workers’ compensation benefits?
September 22, 2016 By d'Oliveira & Associates
Previously unaffected by the Takata Airbag recall, Jaguar Land Rover has announced that thousands of SUVs and Sedans will be recalled.
September 22, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
These days, it is almost impossible turn on the television or go online without seeing news about another product safety recall. The number of safety recalls involving unsafe toys, contaminated food products, auto defects, and dangerous drugs have surged in recent years – with no end in site.
September 19, 2016 By Denena & Points, PC
There is a new piece of federal legislation being proposed that would give financial incentives to whistleblowers who expose safety defects in autos. The legislation is in response to the recent wave of auto defects, some of which were concealed by automakers for up to ten years. It would allow any whistleblower to share in the penalty payments that an auto company may be forced to make as a result of failing to disclose a known defect.
September 14, 2016 By Powers & Associates, PLLC
A major concern for personal injury victims is the medical bills that are inevitably incurred after being injured in a car accident.
When people think of domestic violence, they often visualize the image of a distressed woman who has been mistreated by her boyfriend or husband. However, women are far from the only victims of domestic violence.
When a person is the aggressor in a battery case, he or she may be subject to criminal charges. He or she may also be subject to a civil complaint.
Criminal law and civil law are two different types of law that vary based on their purpose, potential punishments and the process in which cases are presented to the court. In some instances, a defendant may be subject to criminal charges and a civil complaint.
Although abuse may be inflicted on anyone, young or old, male or female, there is a disproportionate number of incidences involving elderly women. Abuse takes on many forms, and it is important to be able to recognize the signs of elder abuse in order to stop it.
September 12, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
The insidious nature of ovarian cancer makes it difficult to detect in its early stages when treatment is most effective.
September 7, 2016 By The Moynahan Law Firm
Choosing a personal injury lawyer can be a hard decision at a difficult time. These 5 questions make it easier to choose the right personal injury lawyer.
September 7, 2016 By The Moynahan Law Firm
People often wonder whether there is any difference between a workers’ compensation and a typical personal injury case. While there are numerous smaller or technical differences, there are two major differences, which cannot be minimized.
September 5, 2016 By HG.org
Along with the criminal charge of assault and battery, the person affected may have a personal injury claim. It is important to know which charges may be filed against a person based on acts he or she committed.
September 6, 2016 By Napolin Law Firm
To successfully recoup medical expenses from your personal injury insurance claim. a claimant must satisfy the adjuster that the medical treatment was necessary and that the charges were reasonable. Most injury victims have issues doing so because they do not understand the criteria by which an adjuster reviews their claim. The frustration leads to hiring a car accident attorney to prove the value of the claim. It is important to understand what is necessary to prove past medical expenses.
August 30, 2016 By d'Oliveira & Associates
E-cigarette lawsuits are on the rise as more reports of the batteries of the device are now exploding.
August 27, 2016 By HG.org
Although advocacy groups like MADD have made great strides in educating the public about the dangers of drinking and driving, the act continues to be a problem throughout the nation. When a person intentionally drinks and then decides to drive, public outrage may demand justice for the loss of human life.
August 24, 2016 By HG.org
In an effort to curb the disastrous results of drunk driving, more and more states have implemented laws to hold additional parties responsible for their collusion in contributing to drunk driving. These laws are often instituted when strict penalties for DUI have failed to successfully decrease the number of accidents and DUI cases.
August 24, 2016 By HG.org
Prom is one of the most festive times of the year for high school students. For many, it is the first time that they dress up to a formal event and the first time that they may be given full freedom by their parents. While this is certainly an exciting time, it is also a time to be concerned about alcohol abuse and potential liability issues associated with the event.
August 25, 2016 By LeViness, Tolzman & Hamilton, PA
When a woman goes into labor, she puts the life of her unborn baby in the hands of well-trained medical professionals. In most cases that person is an obstetrician, gynecologist, neonatologist, or other doctor who has had the necessary training to safety deliver babies. Some women decide to go a slightly different, more natural route, by opting to have a midwife deliver their baby.
August 21, 2016 By HG.org
When a driver is texting, they are not paying attention to the road or traffic. This may lead to severe injury through negligence. Because all senses are impaired whilst texting, these actions are potentially worse than driving under the influence of drugs or alcohol.
August 19, 2016 By HG.org
Teenage drivers may cause severe injury or death when driving under the influence. The lack of experience and knowledge about what to do tends to lead to damages by these drivers. When individuals are driving it is best to avoid drinking in any quantity, but it is especially important for teenage drivers.
August 19, 2016 By Power Legal Group, PC
It’s all fun and games until someone slips and falls. Sometimes it’s just not your fault, and there is no way you could have avoided the fall. In cases like these you may be able to take legal action against the owner or the person responsible for the accident.
August 18, 2016 By d'Oliveira & Associates
These new IVC Filter lawsuits also claim that the manufacturers failed to warn patients about serious life threatening side effects.
August 18, 2016 By Katzman, Lampert & McClune
Even though you may never be involved in an aviation crash or mishap, it pays to be informed as to your rights when traveling on a commercial carrier.
August 18, 2016 By Schmidt, Kirifides & Rassias
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) recently fined two Pennsylvania companies for repeated safety violations that endangered employees. Penn Stucco Systems, Inc. was given citations for one serious and four repeat violations; BC Stucco and Stone is facing citations for three willful, two repeated, and two serious violations.
August 16, 2016 By Brookman, Rosenberg, Brown & Sandler
In light of the two large sum awards recently settled for talcum powder cancer lawsuits, many women who were diagnosed with ovarian cancer are now asking themselves if the powder they used could be the culprit in their diagnosis. A verdict against Johnson & Johnson awarded $55 million to a woman who was diagnosed with ovarian cancer after using the talcum powder the company produces for her feminine hygiene.
August 11, 2016 By Kuzyk Law, LLP
Slip and Fall Injuries Say you slip on the bottom step in the stairwell at the mall and fall over, landing on your knees. There was a puddle you didn’t see in the dark stairwell. It hurts, but you get over it. Three weeks later, you wake up with agonizing back pain.
August 11, 2016 By Kuzyk Law, LLP
It's been a long trial and things look good. The jury seems to be siding with the plaintiff in a personal injury case. It was proven the injuries sustained by the plaintiff were a direct result of the traffic accident. But then the defense provides a Snapchat photo of the plaintiff.
August 10, 2016 By Sigmon Law, PLLC
If one of your family members has died in an accident, you may be able to recover damages on a wrongful death claim. However, there are specific elements that must be proven in order to prevail on a wrongful death claim, and deadlines that must be met. Additionally, only certain "loved ones" will legally qualify as a proper plaintiff in a wrongful death matter.
August 9, 2016 By The Lomnitzer Law Firm
Defamation (untrue statements that damage a reputation) is becoming more widespread as a cause of litigation, as the internet makes it increasingly easy for these messages to spread. Many new lawsuits pertain to false reviews of, or malicious attacks on, businesses. Yet as one lawsuit between two Hollywood heavyweights reminds us, "old fashioned" defamation still occurs as well - and spreads just as easily.
August 8, 2016 By Cohen & Cohen, P.C.
Soon, self-driving cars will start making their way onto roadways across the world. The first wave of autonomous vehicles is expected to enter the market for consumers by 2020 (Stoll, John D., GM Executive Credits Silicon Valley for Accelerating Development of Self-Driving Cars, The Wall Street Journal, May 10, 2016). But as these vehicles become widespread and accidents inevitably occur, the traditional system for compensating those injured in accidents must change to consider who is liable.
August 5, 2016 By d'Oliveira & Associates
Using data from the FDA, website HealthGrove was listed as one of fifty of the most dangerous prescription drugs.
August 4, 2016 By Galfand Berger LLP
The way people travel has changed dramatically in recent years. Hotels, hostels and staying with family members are no longer the only options. You are now able to temporarily – or even long-term – rent apartments, rooms or full homes from people who, more often than not, are complete strangers.
August 4, 2016 By DiTomaso Law
If a slip and fall accident results in injury at a gym or health club, it may not occur to you at first that you may be eligible for compensation. However, any time you are injured and someone is at fault, you can seek damages for the medical attention, lost wages, and other financial losses that may incur, whether it is a business, sidewalk, or a private residence.
August 4, 2016 By Brookman, Rosenberg, Brown & Sandler
Because asbestos was once so commonly used as a component of building and insulation materials, it can be easy to forget that it is a naturally-occurring mineral that can be found in nature. Asbestos is a substance that occurs naturally in the Earth and can be found around the world, including in the United States.
August 4, 2016 By E.S. Borjeson & Associates
Manual labor is not the only type of work that qualifies for Workers’ Compensation benefits. In fact, many people would be surprised to find that every profession is covered by the benefits in some form. From construction work to grocery stores, and even to office jobs, most workers have some sort of coverage in the event they get hurt at work.
August 3, 2016 By Agre & Jensen
Drivers who are accused of causing fatal accidents by driving recklessly will in most circumstances be prosecuted for violating New Jersey’s vehicular homicide statute, N.J.S.A. 2C:11-5. The majority of drivers prosecuted for vehicular homicide are accused of impaired driving resulting from high blood alcohol concentrations or the ingestion of drugs. In other cases, sleep deprivation may give rise to the accusation of reckless driving.
A wrongful death case may be filed by the surviving family members of someone who died as a result of the negligence, recklessness or intentional acts of another person. In order for the family to recover, they must be able to show that all of the elements of the case are present.
When one party’s negligent or intentional actions cause the death of another person, this party may be held civilly liable for the death. This may result in the victim’s family receiving compensation for the economic and non-economic damages that they and the victim suffered.
Hit and run accidents occur when two or more vehicles collide and one party flees the scene with the vehicle or on foot. When an accident is impacted by one of the parties fleeing, the case can often become more complicated.
When individuals are injured by another driver, they often know to get the other driver’s insurance information and to make a claim against that policy. However, when they are injured in a hit and run accident, the claims process is often much more complicated.
Adolescents commonly experience with drugs and alcohol during their youth. However, this can often result in serious ramifications to their development, future prospects and potential criminal culpability. Understanding these risks can help recognize and deter this conduct.
July 28, 2016 By Howie, Sacks & Henry LLP
It is very unsettling to be confronted with the thought that your child may have suffered harm at the hands of a medical professional in whom you put your trust. In addition to the heightened concerns over your child’s health, the added anxiety surrounding legal issues can seem overwhelming.
July 28, 2016 By HG.org
Sexual abuse occurs through cases reported in the thousands each year. Some are tied together, while some crimes stand alone. Unknown in many instances, the victims of this abuse have a legal right afforded to them to sue the abuser that caused the damage and injury. These lawsuits are civil suits with less news coverage in most situations.
July 23, 2016 By HG.org
Sexual crimes and offenses are rampant through the United States. The crimes often increase in number each year, and some of the victims are repeatedly subjected to this abuse. Worse is the fact most individuals subjected to these crimes know their attacker. With the help of a personal injury lawyer, compensation may become available for injury and treatment. Other assistance for pain and suffering or therapy may be possible if compensation payouts are obtained through a successful trial.
July 21, 2016 By Folkman Law Offices, P.C.
The New Jersey Tort Claims Act (“NJTCA”), N.J.S.A. 59:1-1, et seq., provides that “parties suing public entities must comply with strict requirements for notifying and suing those entities.” Feinberg v. N.J. Dep’t of Envtl. Prot., 137 N.J. 126, 134 (1994).
July 21, 2016 By Folkman Law Offices, P.C.
Tens of thousands of citizens join health clubs or gyms to stay healthy. The Centers for Disease Control and Prevention recommend that adults get at least 150 minutes of moderately intense aerobic exercise every week, and many people join a health club to improve their overall health.
July 21, 2016 By Rone & Kowalski, LLC
Accidents at work can happen anywhere. Ashley Furniture, the nation’s largest furniture manufacturer, recently settled claims of safety violations brought by the federal Occupational Safety and Health Administration (OSHA) for $1.75 million. OSHA found numerous safety violations in the company’s manufacturing plants which it alleged caused over 1,000 worker injuries, including amputations.
July 18, 2016 By E.S. Borjeson & Associates
An April 3, 2016 collision on the southbound tracks just outside Chester, Pennsylvania fatally injured two railroad workers. The family of one of those men recently responded by filing a negligence action against Amtrak. According to the complaint filed on behalf of the worker’s two grown children, Amtrak failed to take reasonable steps to avoid the tragedy.
July 18, 2016 By E.S. Borjeson & Associates
Three of the largest Workers’ Compensation insurance companies in California have been accused of hacking into over 32,000 confidential Workers’ Compensation files in a federal lawsuit filed by a California worker. The lawsuit is seeking class action status after being originally filed in April of this year.
July 18, 2016 By d'Oliveira & Associates
Due to the accidental deaths of several children, IKEA has recalled millions of dressers and chests for the safety of the general public.
Tragically, airplane crashes often result in catastrophic losses. Hundreds of people may die in a single incident. Those lucky enough to survive often suffer from debilitating injuries. When an airplane crash occurs, those affected may consider how to seek compensation for the losses that they have suffered. Airplane crash investigation and liability can often be complex.
Personal injury victims who successfully establish that a defendant’s negligent, reckless or intentional actions caused them to suffer injury are entitled to seek damages. However, damage cap laws may put a maximum recovery amount on the award, limiting the victims from being able to receive the full compensation to which they may be entitled.
Although premises liability claims are often based on the negligent actions of a property owner that led to a slip and fall or other injury on the property, premises liability can also apply to cases involving intentionally causing injury to the victim. This extends to third parties who are unaffiliated with the business causing harm to others on the property owner’s property.
Emotional, psychological and physical issues arise after the acts of sexual assault or rape to most victims. Many different issues may occur, but specific psychological ones may leave an impact on the life of those affected. It is important to know what these problems may be, how to cope with them and how to resolve or repair the damage.
Whiplash is a common injury in car accidents that occurs when a person’s neck jolts back-and-forth in a sudden, sharp motion, most often occurring during the impact of a car crash.
Facebook, Twitter, and other social media websites have become a central part of millions of American lives. Individuals share events, photos and thoughts with family and friends without consideration to the consequences that can occur in the future.
In February 2016, a New Jersey man filed a premises liability lawsuit against Council Rock School District in Newtown, Pennsylvania.
A Blakeslee, Pennsylvania woman slipped and fell on ice while getting her mail from the Blakeslee Post Office this past February. The woman alleges the accident was due to the negligence of the post office; she sustained injuries to her right arm, neck, lower back and right leg; and has also claimed respondeat superior/vicarious liability against the owner of the land, Kirby Upright.
July 14, 2016 By Nerenberg & Gagliano, P.C.
The actions a person takes the moments after a slip and fall accident are vital to not only their health, but also to their ability to hold another person, group of people or entity responsible for their injuries.
July 12, 2016 By Galfand Berger LLP
The number of people who have suffered serious injuries and even lost their lives from malfunctioning or faulty automated gates is simply too high to have no changes implemented.
July 10, 2016 By HG.org
Section 1877 of the Social Security Act is commonly referred to as the “Stark Law.” This law has important provisions regarding physician self-referral for the purposes of Medicare and Medicaid.
July 10, 2016 By HG.org
Professional athletes may suffer from head injuries for a number of sports and actions. Head injuries can result in significant consequences to the athlete, making it important to identify who has the responsibility of covering such injuries in the event they arise on the field or in the arena.
When negligent behavior injures patients, physicians are subject to claims of medical malpractice. This phenomenon is becoming a serious problem in the United States. Studies have determined medical malpractice to be the third leading reason people lose their lives in America.
Energy drinks saturate the market from the simple brand names that give energy for hours to the generic that hold mostly caffeine but nothing else. For the last few years, these products have been linked to several instances of death among consumers.
People often confuse negligence, torts and personal injury claims. These terms are used often, but it is sometimes difficult to understand the subtle differences when liability becomes an issue. Collecting monetary damages from each may be confusing as well, but it is important to know when actions are intentional versus accidental.
With the summer months come relaxation and recreation. Longer days allow for more adventures in the outdoors. Activities increase in proportion for most people. However, with the greater amount of activities comes a much higher degree of accidents. Safety and assistance to those injured during these months are important to family and friends. It is with safety guidelines and caution that most activities have fewer mishaps.
Accidents often occur in construction sites to workers and managers dealing with material. For the companies that purchase a workers’ compensation package, these individuals usually obtain benefits from these programs to compensate for lack of work, loss of limb, lost income and other related issues. These benefits are normally available no matter who is at fault for the accident.
July 8, 2016 By Solnick & Associates, LLC
In Pennsylvania alone, distracted driving and cell phone use resulted in thousands of injuries and more than 200 fatalities last year.
July 7, 2016 By Galfand Berger LLP
The American Federation of Labor-Congress of Industrial Organizations (AFL-CIO) compiled a report on worker safety, losses and deaths recently. Not only did the report tackle issues of gender, race, job industry and more, but it also exposed the most dangerous states in respect to worker fatalities and injuries.
July 8, 2016 By DiTomaso Law
People injured in a slip and fall accident can suffer serious personal injuries. When the slip and fall accident occurs because a property owner failed to clear debris, snow, or ice from their property, the victim may be entitled to compensation. Property owners who fail to take necessary precautions to ensure the safety of people on their land can be held liable for injuries under premises liability law.
July 8, 2016 By DiTomaso Law
On May 5, 2016, the Food and Drug Administration (FDA) passed legislation imposing rules on e-cigarettes after nearly ten years of the product being available to consumers.
July 12, 2016 By LeViness, Tolzman & Hamilton, PA
Anton Yelchin, an actor best known for his role in Star Trek, was fatally injured June 19th when his 2015 Jeep Grand Cherokee rolled down his driveway, striking him and pinning him against a security gate.
July 11, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
Summer is just around the corner and we can all look forward to days at the beach and long, lazy Sunday afternoons lounging around the pool. In order to stay safe this summer, make sure that you take necessary precautions against slip and fall accidents.
When a pedestrian is struck by a moving vehicle, catastrophe often follows. A pedestrian has limited protection against a vehicle weighing thousands of pounds. However, one defense that the driver may attempt to use is comparative negligence.
Personal injury cases arise when a party’s negligence is responsible for another’s injury. Personal injury cases can be more complicated when children are the victims.
When an individual is involved in an accident that is caused by another party’s negligence, the injured victim usually has the right to pursue a personal injury claim to recover compensation for the damages that he or she sustains. However, when the victim dies as a result of such negligence, a wrongful death claim may arise.
Cruise ships sail in the open water to various destinations. If an accident occurs onboard that causes injury, it may become difficult to know who is responsible. When in another country, the guilty party becomes even more difficult to determine.
When summer approaches, air travel and road transportation increase to a great degree. Due to the volume of vehicles on the road, accident statistics soar during these hotter months. The potential of summer month accidents increases the closer the season approaches. The collision issues affect both those traveling as well as those just driving to work, home or to entertainment facilities.
In today’s world of smart phones and instant access to information through various video formats, it is easier than ever to record someone without their knowledge. Due to its accessibility and ability to use it easily, video surveillance is often used to assist in various legal proceedings, including defending against personal injury cases.
Insurance companies play an important role in the aftermath of a car accident. In some cases, the accident victim must make a claim against his or her own insurance company. In other cases, the claim is made against the insurance company that insures the party responsible for the accident. Regardless of the circumstances involving the accident, the person involved in the accident may consider taking the following steps:
Cardiac stents are among the most common and regularly used medical devices. They are used to open a person’s arteries. Every year millions of Americans receive these implants. An estimated $110 billion provides stents for approximately seven million Americans. Despite their common appearance in modern medicine, many medical malpractice claims arise due to cardiac stents.
Skin procedures involving lasers have become a routine process for removing hair and reducing wrinkles. These surgeries have become popular to those that want to attain a specific look or have a younger appearance. Some of these procedures only require minutes to complete and are easy for patients. This has allowed a wider base of clients to opt for these operations. The convenience allows individuals of all ages the luxury of laser surgery.
Dental mistakes are just as common as medical mistakes. Sometimes making a mistake makes a cause for legal action to arise. Often, victims are unaware that they may file a claim because they do not know or understand their rights. Because insurance businesses do not publicize details regarding cases, little is known about many instances or the full extent of statistics regarding malpractice and dental mistakes.
Highways, expressways and major traffic areas are often undergoing construction. Some states have roads constantly being repaired while other states have reparations only occasionally. Due to erections in the road, truck traffic, construction cones and other machinery or decaying ground, the roadways are much more dangerous than other areas. This causes construction zones to be associated with a higher number of accidents.
Auto defects may cause more fires than any other issue. Many of these defects are electrical in nature which may ignite other parts of the vehicles. When a person is driving a car that is engulfed in flames, the occupants of the vehicle may suffer severe injuries.
The dangers of crossing railroad tracks is a very real threat for some individuals. Pedestrians and vehicles sometimes wander into the railroad intersections, causing pedestrians and occupants to become grievously injured or lose their lives. It is always important to follow safety procedures when crossing the road, when traffic poses an issue and when dealing with potential rail cars.
Crude oil trains are responsible for transporting this important resource across the country. Given the flammable nature of the product and the high demand, transporting this product can be dangerous.
A female high school lacrosse player recently filed a personal injury lawsuit against Orange County, the Florida High School Athletics Association, and the opponent who dealt her the blow that caused her to sustain a concussion during a game. The Orange County lawsuit seeks $15,000 in compensation as remedy for the victim’s injuries.
Facial injuries can be devastating and traumatic. In the personal injury context, they are different from other types of injuries; the very appearance of a scar, a wound, or disfigurement may need to be compensated. Much more than visible damage to other parts of the body, facial injuries can cause emotional distress, affect quality of life, or require reconstructive surgery. How does a personal injury case function or change when the injury is to a victim’s face?
Accidents between a pedestrian and a car can be some of the most dangerous kinds of vehicular incidents in terms of the possibility for serious personal injury or death. The weight and momentum of a vehicle, combined with the lack of protection inherent to being a pedestrian makes it so that even a low speed collision can cause grievous injuries to the people involved.
In any space that is open to the public, such as a retail store or restaurant, the owner has a legal duty to its customers (or “invitees”) to ensure the property is free of any dangerous conditions that it knows about or reasonably should have known about.
After suffering injuries in a car accident, a person may seek compensation or coverage for the medical bills related to these injuries, either from their own insurance company or from a third party insurance company. Whichever insurance company a person is dealing with, there may come a point in the claims process where additional medical information is requested by the insurance company.
Many injuries occur between private citizens. Some cases involve businesses. These cases tend to be more straight-forward than cases in which the government is named as a defendant due to complex legal issues.
In order to be enrolled, many states require students to provide proof of immunization to attend school, including Illinois. Until recently, parents were permitted to excuse their children due to medical or religious explanations. For religious exemption of this requirement, a letter from a parent to the school administration was all that was needed stating the children’s vaccination violates religious beliefs held by the family. Medical exemption could be proven with a letter from the doctor.
Summer is the time of year when people usually think about all the time they plan to spend outside enjoying the weather and spending more time with their family. While Florida’s climate allows for outdoor activity year round, there is still an emphasis on doing more during this season, now that children are out of school. Many of these activities happen on or around water due to the state’s geography, and as a result, Florida has one of the highest levels of boat ownership in the country.
By Hornsby Law
Nursing homes ideally provide safe, nurturing environments for individuals who cannot live on their own. Unfortunately, many nursing home residents in Florida and throughout the United States find themselves suffering from illness and injury as a result of poor sanitation, unsafe conditions, and abuse from their caregivers. When this happens, the victim may be eligible to receive compensation for his or her damages through a nursing home abuse claim.