Personal Injury Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.
Both concussions and traumatic brain injuries could lead to mild to severe consequences through various observed symptoms. The treatments for these medical concerns are similar, and recovering legally may be a complicated matter without a lawyer to assist in these situations.
Many motorcycle accidents end in severe injury or death for the driver. The importance of safety is paramount for these bikers. However, if there is a manufacturer defect, no amount of safety adherence may prevent an incident from transpiring.
When in an auto accident, there are many factors to consider when determining who may be at fault and how to receive compensation for the victim of the incident. One of these would be if the person making a left-hand turn is at fault and accountable for his or her actions as liable for damages.
February 21, 2017 By Hassan Elhais
If you have the misfortune of being involved in a road accident you may suffer from any number of injury or harm, which encompasses physical or emotional. Injuries that occur to both drivers and passengers may open up the door to personal injury claims for compensation. Road accidents that cause road injury fall under tortious liability in the country, which means any cases taken are through civil action.
February 21, 2017 By Kline & Specter, PC
Childbirth is especially susceptible to medical error because of the complexity and variability of the medical issues that can arise. Medical mistakes during childbirth can lead to devastating injuries, such as Cerebral palsy or Erb’s palsy, and sometimes even result in the tragic loss of the infant’s life. When your child suffers a birth injury, you should always consult with an experienced medical malpractice lawyer.
February 17, 2017 By HG.org
When two vehicles are involved in a car crash, establishing liability and which insurance company should pay may be fairly straightforward. However, if one of the vehicles was used in a rideshare program at the time of the accident, the situation can become more difficult.
February 17, 2017 By HG.org
Traumatic brain injuries affect victims in severe and serious ways even when the initial injury is mild, moderate, severe and life-threatening.
February 16, 2017 By HG.org
Some states hold an animal owner strictly liable when his or her animal attacks another person. This legal theory is used most often in cases involving dog bites.
February 16, 2017 By Layfield & Barrett
Defective products are the cause of thousands of injuries every year in the U.S. These claims typically fall into three main categories.
February 16, 2017 By Cross & Smith LLC
The Toxic Substances Control Act is supposed to protect against chemical injuries, but it has not been updated since it was signed into law in 1976. In 2016, the President signed a new Act that plugs some holes and should help make workers safer.
February 15, 2017 By HG.org
Accidents on the road, in traffic and when driving on freeways is common and occurs with frequency in the United States. Some of these incidents involve rental cars where the driver has insurance, while in other instances of these wrecks, the driver does not have insurance.
February 15, 2017 By Cores & Associates, LLC
Domestic violence occurs when one’s safety is compromised. The safety in question includes one’s physical, mental, sexual, and economic, and emotional well-being.
February 15, 2017 By Cores & Associates, LLC
Anyone who is feeling like they are being harassed, verbally or physically abused, or otherwise receiving harm from a specific person can file for a restraining order through the court in New Jersey. A restraining order is essentially a form of protection that enables a victim to live safely and free from abuse, threats, stalking, and harassment.
February 15, 2017 By d'Oliveira & Associates
With alleged prior knowledge of the flawed design, DePuy still marketed these metal-on-metal implants.
February 14, 2017 By Palermo Tuohy Bruno, PLLC
[It has been] discussed how a century-old rule barring mention of liability insurance may actually create bias in a jury, favoring a defendant. [T]he “bifurcated trial system” [also] can actually create jury bias as well.
February 13, 2017 By HG.org
Accidents occur in parking lots often where someone is injured. In many of these incidents, the individual that is harmed has been through an ordeal with another person.
February 9, 2017 By HG.org
Private investigators serve an important role. They often handle cases that are not taken care of by other professionals but that serve an important function in the justice or corporate system. Some of the common cases that private investigators take include:
February 9, 2017 By Van Dyke Law Office
Would an insurance company be so driven to deny benefits to an injured person that they would spend more on medical assessments than on actual injury compensation? It sounds too ludicrous to be true. And yet, a recent and revealing article in the National Post summarizes an Insurance Bureau of Canada report that says yes, indeed, this sort of thing happens, and that in 2011, Ontario auto insurers spent on average $10,700 in medical assessments per claim vs. $9,700 in compensation.
February 8, 2017 By Harold J. Gerr
Tragically, two people recently lost their lives after the batteries in their implanted heart defibrillators failed to function properly.
There are instances that occur with frequency where someone is traumatized by the verbal actions of another. These could include name-calling, vicious rumors, descriptions of gruesome situations and many other similar issues.
It is when someone loved has died through the tragic circumstances that involve an individual or an entity that a wrongful death suit may be considered. While these situations are usually filled with sadness, despair and grief, the surviving family members are able to in certain instances and states file a suit of wrongful death against the party that caused the incident.
Non-fatal shootings have become an issue in the country at over 70,000 persons affected each year with hospital visits as stated by the National Center for Injury Protection and Control. Additionally, just under half of this amount is fatally wounded in various instances of a gunshot wound.
Nursing homes are often subject to understaffing issues due to the lack of funds, the ratio of elderly persons and the ability to find reliable help. When there is less staff than is optimal, there are many concerns that may arise such as neglect and abuse.
The age of technology has proven to be catastrophic to the young when pairing electronics and driving. Facebook takes up more time for some than any other hobby, even when the person is a passenger or operating a vehicle. It is these circumstances that often prove fatal to some.
Medical malpractice issues plague thousands of patients in the United States each year due to medical errors and negligence. Deviations from standard care may be a contributing factor that leaves a healthcare facility open to litigation. However, before a lawsuit may be pursued by the victim of injury, there are certain deciding factors that should be considered.
Personal injury claims are often processed by insurance carriers for negotiating settlements when certain incidents occur. This means that the companies are legally required to act in good faith to the persons that purchased the policies as well as third-party claimants in these situations.
Motorcycle drivers face numerous dangers when on the road, and they are more likely to collide with other vehicles and receive severe injury or lose their lives in the process. Unfortunately, many of these accidents are due to the negligence of the driver.
Car accidents occur for a variety of reasons, and various factors often play into the cases as a result. However, when one person is at fault in these circumstances, he or she may be the responsible party for a multi-vehicle collision. Due to certain elements that may exist in these situations, multiple persons may be seeking damages for injuries and property damage.
February 7, 2017 By DiTomaso Law
It is undeniable that obesity is an epidemic in the United States. Now, several highly-respected studies have come out showing that in addition to the array of health problems obese people face, they are more likely to be fatally injured in car accidents.
February 6, 2017 By Palermo Tuohy Bruno, PLLC
For 100 years, courts have disallowed even mentioning liability insurance in negligence cases. This court rule was conceived in order to protect the defendant from a biased jury, who may inflict more damage on a defendant if they know their insurance company will bear the weight of the verdict. But, is the rule truly effective?
February 6, 2017 By Galfand Berger LLP
Many people use snow blowers during the winter season, particularly after a moderate to heavy snowfall. Snow blowers can be particularly effective products, since they clear fallen snow by blowing it off to the side.
February 6, 2017 By Galfand Berger LLP
Just over one week ago, Pennsylvania was granted an extension on the implementation of the REAL ID law.
Many people check with friends and family before buying a new product or using a new service. In today’s age, many people even rely on the reviews of complete strangers.
Accidents involving roof disasters are among some of the most injurious to the victims. They may experience intense pain, broken bones, harm to various body parts, internal bleeding and even death. Even when the injuries are minor, the damage may be extensive on the inside. Back pain could lead to the loss of functionality of limbs.
When diagnosed with a medical condition, the situation is often stressful and emotional as it is. When the person discovers that initial health problem is not what is really occurring, he or she may become agitated, angry and upset.
Impairment, when coupled with driving, may mean many things. This could be through distractions that cause the driver to lose awareness of the road and goings-on. Another form of impairment is the influence of drugs or alcohol.
E-Cigarettes have become the next way in which a person may choose to stop smoking or to prevent offensive normal cigarette smoke from offending others. While there are many potential benefits to these alternatives, it is important to realize the disadvantages of switching to an E-cigarette as well.
When there is a possible case where a building has been erected with defective areas or designs, it may be necessary to hire an architectural expert witness to assist with the proceedings.
February 6, 2017 By Eichen, Crutchlow, Zaslow & McElroy, LLP
Wheelstops are commonly used in parking lots across the country to indicate spaces where vehicles can park. Some may call them parking blocks or curb stops, but many do not realize how dangerous these can be to pedestrians crossing in their path.
February 6, 2017 By Kevin Bunn, Attorney at Law
If you have been injured on the job there are important legal deadlines for filing your claim. Learn when, where and how to file a workers' compensation claim in North Carolina.
February 5, 2017 By HG.org
Some parents who believe that their caregiver has mistreated their child may sue the daycare center or caregiver for this poor treatment. An expert witness may be called to testify about the signs of daycare abuse and whether these signs existed in a particular case.
February 3, 2017 By HG.org
When harmed through an accident or an incident occurs where injury is sustained, the individual affected often needs legal assistance. This means a lawyer should be hired to represent the victim of these circumstances. However, there are instances where this professional chooses not to take the case.
Car accident incidents are often confusing already when they only concern one person and only one injury. However, when multiple types of individuals or other factors are included, these events are complicated and difficult to resolve. Children involved in a car accident case may already be traumatized to the point of nonverbal communication.
When building a case for a car accident incident, there are many common mistakes that are made that assist in a negative response from a jury panel or judge. It is important to understand what these mistakes are and how to avoid them.
Slips and falls often an issue when dealing with slippery surfaces or when the ground is cluttered with debris. Even though it is usually thought the elder are plagued with this issue, even the young and of age person may experience an injury through an accident involving a slip or a fall.
When harm befalls someone, he or she may require an insurance policy to take effect and pay for damages. Unfortunately, these carriers do not always cover all the costs. In some instances, they refuse to even pay half, partial or any damages owed to the victim of these occurrences. If these companies cannot provide the assistance needed in these situations, it is important to know what to do next.
Negligence with accidents and other incidents where someone is injured is usually proven with difficulty and usually only with a personal injury lawyer’s assistance.
When accidents transpire and severe injuries occur, it is often best to obtain a lawyer for assistance in claims for compensation or if litigation suits are necessary. A personal injury lawyer should be consulted first. Then, one should be hired that fits with the person pursuing action.
February 1, 2017 By HG.org
Each state has different regulations that govern dog bite laws. Because of this, it is easier in certain areas of the country for someone that has been attacked by animals to succeed in a litigation case than where the laws are stricter and more in favor of the dog owners.
February 1, 2017 By HG.org
Employers started purchasing workers’ compensation packages in accordance with some state laws in addition to protecting management and the company from liability in worker accidents.
February 1, 2017 By Layfield & Barrett
Need to file a natural disaster insurance claim? Get all the information you need for a successful claim from our 15-step process.
February 1, 2017 By Denena & Points, PC
Negligence leads to thousands of personal injury lawsuits throughout the United States every year. Despite its frequency, understanding exactly what happens in a negligence claim and how negligence works isn’t always simple and straightforward.
February 1, 2017 By Christensen Law
Driverless cars are coming to Michigan roads, and around the world, sooner than many of us might expect. Auto lawyers and insurance companies are already bracing for impact, trying to prepare for when the first autonomous vehicles crash into our lives, and our practices. Exactly how driverless cars will affect the future of no-fault auto accident litigation remains to be seen, but there will be changes. That much is certain.
January 31, 2017 By HG.org
Insurance carriers often attempt to refuse payouts for claims when there are legitimate files for compensation necessary due to injury and property damage. It is in these situations that the average person is unsure of how to proceed. It is important to know how and why an insurance company may deny providing a settlement for a claim that should be successful.
January 31, 2017 By HG.org
Accidental incidents occur with frequency, and these situations arise in older individuals. When a person slips or falls, he or she is usually harmed as a result. However, these instances of injury could be extensive enough to require medical assistance.
We’ve all done it. One minute you’re walking along, then – bam! – you slip or trip and find yourself on the floor. Slip and fall accidents have a self-explanatory name, but they often result in a more complicated legal case than one would expect. If you’ve been injured on another person’s property or own property on which someone was injured, it’s important to understand what constitutes negligence and who may be held legally responsible.
Few people realize that there are guidelines the court goes by to determine if a property owner is liable for an injury sustained while a person was on their property. A case is not won or lost simply because a person was injured. Other factors must be proven before a liability suit can be won. The first step is to become familiar with the terminology of premises liability laws.
Accidents, especially those involving personal injury, can cause a lot of stress and anxiety. Navigating your way through the legalities of it all should be the least of your concerns. To help, we’ve compiled a list of frequently asked personal injury questions. Read through each answer and feel free to comment below, or reach out with any additional inquiries.
January 30, 2017 By Kinney, Fernandez & Boire, PA
Car manufacturers continue to develop ways to ensure that both car drivers and passengers remain safe in the case of an accident. One of the latest innovations in vehicle technology is the creation of a self-driving car. With a computer manning the wheel, the possibility of human error contributing to a crash is greatly diminished. But accidents still do happen.
January 30, 2017 By Galfand Berger LLP
In recent years, the United States has seen more and more people using buses as a means of transportation. Many agree that the growth in the national bus industry requires change to current bus safety regulations and rules.
January 30, 2017 By Brookman, Rosenberg, Brown & Sandler
Beginning in the 1950s, asbestos was used throughout the United States.
When an employee is harmed while on the job and must seek medical treatment, he or she usually has a successful workers’ compensation claim to pay for the healthcare.
When a person has been injured while working at a company, typically he or she may seek medical repayment when filing a workers’ compensation claim. These are packages of a type of insurance purchased by the employer, owner or manager of the business that pays various forms of costs based on what is lost when a person is harmed while performing job duties.
There are many variations of filing a workers’ compensation claim based on the state. While in Minnesota, it is important to know who the state changes the process of the claim. Injuries that occur during standard job duties or while performing a task for the company, usually provide conditions that allow workers’ compensation claims to be filed so benefits may be supplied to the victim or the family of someone that has died in the process.
For a successful case in the legal world, it is vital to have the proper documentation. Without quality over quantity in paperwork, any claim could be thrown out. Grammar, context, syntax and timeliness are all important when documenting an issue or incident.
After an accident where injuries have been sustained, the victim usually attempts to collect compensation from his or her insurance company before any other avenues are explored. However, these insurance carriers deny claims often and sometimes with little provocation or explanation.
Car accidents usually cause minor to severe injuries for those involved, and even when someone has only been mildly included in these incident, he or she may be harmed in the process. It is important to know when a claim is warranted, or when an insurance settlement provides enough to cover the medical costs.
Alcohol affects individuals in different ways. However, this substance is one of the leading causes of accidents and personal injury cases outstripping various other incidents. Because of this, there are numerous experts in the field of alcohol as applied to cases and claims for compensation due to property damage and personal injury concerns that transpire in various manners and areas of the United States.
January 29, 2017 By HG.org
The goal of an expert witness is to provide detailed explanations, experience, analysis from an outside perspective and an overall capability in assisting the party that hired him or her. These persons are experts in a given field with extensive knowledge and expertise.
January 29, 2017 By HG.org
Due to the widespread damage and injuries that occur with car accidents on the roads and highways, it is imperative that auto insurance has been purchased for anyone that may be driving any vehicle. These carriers provide both protection through liability clauses as well as piece of mind that medical bills and property damage may be covered through particular policies that are purchased.
January 28, 2017 By HG.org
Defective products are common in small numbers, but these items do not usually cause wide-spread damage or lead to severe injury. In most situations, a defective item just does not work or cannot perform as originally intended.
January 28, 2017 By HG.org
Violence in the workplace is not a common issue that must be addressed every day, but when it does transpire, it is important to know how to handle these incidents. Because employees are provided regulations that ensure safety at the jobsite, a scuffle or brawl is not something observed in normal working shifts.
When a person is harmed during a medical procedure, the family and victim often feel it necessary to seek a suit against the attending physician, healthcare facility or those involved in the incident. Unfortunately, it is not always possible to seek compensation when injury occurs in these situations.
Wrongful death incidents occur when someone has caused the death of another person through his or her behavior or actions. These situations often leave surviving family members or dependents behind that are affected by these circumstances without the deceased’s monetary assistance.
Compensation payments owed for dog bite claims through an insurance company may be complicated and lead to severe aggravation. It is possible a personal injury lawyer is needed to ensure a settlement is reached and allocated to the victim of these attacks.
A baby’s birth is usually one of the happiest times an expecting mother experiences in her life. However, this is not the case when a medical professional is negligent in his or her duties. The consequences of unprofessional actions often affect the entire life of the person birthed during this situation.
Slips and fall accidents occur with great frequency at home and in certain industries where the risks of danger are greater than in others. These incidents may be harmful in minor to major degrees of injury, but when the elderly experience these situations, they may become deadly.
January 27, 2017 By Kuzyk Law, LLP
When you’re injured in a car accident, you’ll definitely be in touch with insurance companies. Some are faster than others, and they all want to get you your money. But, of course, the money they offer is usually way, way less than what they may owe, and that puts you in a very tough position. On one hand, you can get your money all up front, and then you’ll be done with any paperwork and additional hassle.
January 27, 2017 By Power Legal Group, PC
Bicyclists and drivers share a lot of the same roads, but their transportation modes are completely different.
January 27, 2017 By Kinney, Fernandez & Boire, PA
After an accident, it can be difficult to assess if the personal injury settlement you’ve been offered is fair. Know when it is time to renegotiate.
January 26, 2017 By Simmons and Fletcher, PC
Texas is the only state where employers are not required to provide worker's compensation to employees. As a result, a large body of law has evolved from the litigation that ensues when an employee of a non-subscriber to worker's comp sues his employer. This paper looks at the recent evolution of that body of law and its relation to premise liability law.
Injuries and fatalities due to car accidents are messy and complicated disasters that often require the assistance of a lawyer for personal injury cases or with insurance claims. The necessity of extensive evidence, witness testimony and various factors surrounding the situation cause difficulty in traveling these circumstances alone.
Medical malpractice cases arise in the thousands each year that affect individuals and groups in grievous ways. Injury is the most frequent outcome, but some victims lose their lives when a physician is not exhibiting appropriate behavior or standards when operating or caring for someone else.
Bicyclists are not often heard entering into accidents either on sidewalks, roads or other areas. The collisions most frequently reported are those of passenger and commercial vehicles. Because of this, many under-reported incidents transpire with persons riding bicycles.
The United States Department of Transportation and the Federal Motor Carrier Safety Administration have put various regulations in place that limit and restrict various issues from occurring, but sleep deprivation, fatigue and distractions are still a concern with truck drivers and crashes.
Litigation has risen due to faulty IVC filters. Many patients have had these inserted and receive injury due to defects and issues with these devices. The manufacturers have been filed against due to claims of poor design, failures to warn of inherent and possible risks with the device, defects and similar issues.
Students that ride on a bus often experience peaceful and non-eventful drives. However, there are some incidents that may transpire while in these vehicles. Of these, there are some accidents or collisions that occur where the young persons are injured.
January 25, 2017 By Kuzyk Law, LLP
Insurance companies deal with car accidents all the time, and their process to sweep it away is highly efficient.
January 25, 2017 By Kim Injury Law, PC
If you are injured in the State of Georgia, there is a statute of limitations requirement you need to know about. From the date of your injury, you have up to two years from that date to file a personal injury lawsuit. This “statute of limitations” applies to all personal injury-related cases. After the two-year window expires, you may lose your right to file a claim or receive monetary compensation.
January 25, 2017 By Kim Injury Law, PC
Your car insurance premium covers compensatory damages for property loss and medical costs up to the policy limits. But if you have sustained bodily injuries that require ongoing medical treatment, if your injuries have caused physical limitations that cause you loss of income and continued pain and suffering and have impacted on your relationship with family members and your spouse, will your car insurance premium cover your bills and emotional distress?
January 24, 2017 By HG.org
When a baby is injured during birth, he or she may have a negative impact that affects him or her throughout life or long-term physical harm that could lead to serious complications. Other minor bruises or lacerations could transpire when particular instruments and tools are used through the healthcare facility.
January 24, 2017 By HG.org
When a person has been injured, it is often the most important to hire a lawyer to ensure all rights are protected, and compensation is filed correctly and with immediacy.
When an accident occurs at work, it is necessary to seek medical care immediately. However, before this healthcare attention is sought, it should be cleared with management to ensure the correct doctor or medical facility is used for workers’ compensation claims.
When employees are at a company where they take a break on the property owned by the business, it is possible to become injured while on lunch or break. In these instances, the question of being able to pursue compensation for medical treatment comes into the mind of the worker.
Injuries at the office are common in certain industries. When the company has dangerous materials, substances, equipment or tools, employees may be harmed with greater frequency than those in office or cubicle locations. However, accidents do occur in an office setting as well that could lead to extensive damage requiring a trip to an emergency room. When this occurs, it is vital to understand what is available through workers’ compensation benefits and what is not covered.
A major issue of the past has become a recurring concern over the years off and on due to various factors that are sometimes unknown but frequently are discovered after some research. This is lead poisoning. While it was a continual problem previously, safety protocols and understanding how these issues have occurred provide a manner in preventing medical injuries with adhering to particular guidelines.
Driving under the influence is illegal in every state of the country. The consequences of these actions often are criminal charges with potential fines, jail or prison terms, suspension of driver’s license and various other similar issues. However, what many may be unaware of is that civil cases may be filed against the perpetrator of these acts as well as criminal.
It is possible in a collision where someone is under the influence of drugs or alcohol, this person may be only one of several that may be held liable for paying out damages to the injured party.
When a person collides with another, his or her testimony often is in direct opposition which causes complications in dealing with the victim and the defending party during litigation.
Meatpacking jobs often come with various dangers that are both hidden and obvious to administration, management and staff. These may be observed through machinery, tools, equipment and materials used in the company.