Personal Injury Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.
While every workplace poses a certain degree of risk, some industries are more inherently dangerous than others. Such is the case with the construction industry.
One of the types of damages that personal injury victims may be able to receive compensation for is pain and suffering. It is important for plaintiffs to understand what is considered “pain and suffering” in the court that has jurisdiction of the case.
Many motor vehicle accidents are caused by impaired drivers. While many of these are attributed to drivers under the influence of alcohol, many others are due to drug impairment.
The moments after a car accident can be extremely confusing. They may lead individuals involved in car accidents to make some mistakes that can affect their legal claim, including:
May 27, 2016 By Cantor Crane
According to the Association for Safe International Road Travel, there are more than 37,000 deaths each year due to automobile accidents. Additionally, there are 2.35 million people who are either seriously injured or disabled in car crashes. The unfortunate issue is that at times, injuries are not instant. Instead, injuries can take time before they are noticed. For example, being rear-ended by a drunk driver. You might not have back pain for the first week but start to notice severe pain.
Truck drivers occupy a safety-sensitive position. They operate vehicles that are very heavy and dangerous when involved in an accident. Sometimes they also carry goods that can be dangerous in the event of an accident.
In some car accident cases, the liable party is not either driver. In some cases, the liability lies with the manufacturer that put a dangerous vehicle on the roadway. In these cases, the plaintiff must be able to show why the manufacturer should be held responsible for the accident.
Given the potential dangerousness of driving a large vehicle in an impaired state, laws have been established to help prevent drugged driving. Truck drivers are subject to a number of state and federal regulations, including the requirement to be drug tested.
Truck drivers and the companies for whom they work must follow stringent guidelines regarding the hours that they can work. Violating these rules can subject the truck driver and trucking company to fines and potential civil liability.
May 25, 2016 By Cantor Crane
Across the US, dental malpractice cases happen much more frequently than you might expect. It might not sound to be such a big issue, but on the contrary, mistakes made by a dentist can have long-term affects. These affects can be associated with cosmetic deformities, excessive pain, disease misdiagnosis and in rare cases even lead to death.
Medical malpractice often involves more than a treating doctor and a patient. Instead, many individuals may contribute or detract from a patient’s care, including lab technicians, pharmacists, assistants and nurses. When factors affect support staff, a critical error may be made in a patient’s treatment.
When a family makes the difficult decision to move a loved one into a nursing home, they expect that the loved one will be treated properly. Unfortunately, nursing home neglect abuse affects millions of people every year.
May 28, 2016 By LeViness, Tolzman & Hamilton, PA
The U.S. Department of Labor recently issued a $7,000 fine to mega online retailer, Amazon Inc. for failure to report 26 workplace injuries that occurred in their New Jersey warehouse in 2015.
May 25, 2016 By LeViness, Tolzman & Hamilton, PA
When a person is killed as a result of another person’s negligent act, the survivors of the victims may file a wrongful death claim as part of a civil lawsuit.
May 26, 2016 By LeViness, Tolzman & Hamilton, PA
State and local officials have announced plans to spend $152 million to fund needed improvements to a dangerous stretch of Maryland Route 32 that connects Carroll County and Howard County.
May 25, 2016 By LeViness, Tolzman & Hamilton, PA
If you were hurt in a workplace accident or have recently been diagnosed with an occupational illness or injury, the actions you take during the first few days will set the tone for the rest of your claim.
One of the leading causes of death in the United States is medical malpractice. Many of these injuries are the result of medication errors, which can have devastating effects on patients and their families.
As more and more areas crack down on distracted driving, a new theory may hold other individuals partially liable for accidents caused by distracted driving. This theory is referred to as “remote texter liability,” and involves the assessment of whether a person not in the vehicle who texts a driver should share in the responsibility of the accident.
Traumatic brain injuries are often the result of personal injury accidents. They may be caused by negligent or intentional actions. They can also lead to serious consequences.
May 24, 2016 By Law Offices of Michael J. Brennan
The role of discovery in motorcycle accident cases, the importance of expert witnesses, and what happens at trial.
Actos Whistleblower Lawsuit Alleges Takeda Illegally Promoted Diabetes Drug for Patients with Prediabetes
May 24, 2016 By Heygood Orr & Pearson
Takeda Pharmaceuticals is facing a whistleblower lawsuit alleging that the company promoted its diabetes drug Actos to patients with prediabetes, despite the fact that it was never approved for this use by the FDA. Studies have shown that patients who use Actos may be more likely to be diagnosed with bladder cancer.
Traumatic brain injuries are some of the most serious injuries that individuals can sustain in accidents. It is important that they receive a proper diagnosis and start treatment as quickly as possible.
May 24, 2016 By Kinney, Fernandez & Boire, PA
Between 2009 and 2014, the number of pedestrian deaths in the United States grew by 19 percent, far outpacing the number of total traffic deaths (which only grew by 4 percent). Florida was once again listed among the top states for pedestrian deaths nationwide. As the number of cars on the road increase and distracted driving becomes a more prevalent issue, this trend may continue to worsen.
If you were on your phone at the time of a car accident, you may assume that you caused the accident by being distracted. While this is sometimes the case, it is not always. Therefore, it is important that individuals who are in such predicaments protect their legal rights and understand the legal consequences of certain actions.
May 23, 2016 By HG.org
Distracted driving is a dangerous activity because it removes a person’s focus while operating a machine that is thousands of pounds. Due to the increasing concern over this action, distracted drivers may be subject to civil liability and criminal reprimand.
May 23, 2016 By HG.org
A medical malpractice claim arises when a person is injured because of a healthcare provider’s negligence or deviation from accepted standards. Simply because a person suffers an injury while in a doctor’s care does not necessarily mean that such a claim exists.
May 23, 2016 By McKenzie & Snyder LLP
Reporting your injury after an accident at work is the first step for a successful workers' compensation claim.
May 22, 2016 By E.S. Borjeson & Associates
If you are injured in an accident at work, the moments and days following it can be overwhelming. You might not know what to do after you are injured, which can cause you to make mistakes that jeopardize your ability to receive Workers’ Compensation. However, the first step can be simpler than you might think. By seeking legal counsel as soon as possible, you can receive the help of a skilled Philadelphia Workers’ Compensation lawyer that has seen it all before.
May 20, 2016 By HG.org
The dangers of distracted driving are well known and cited. When truck drivers get into wrecks because they are distracted, tragic results may arise.
Accidents happen every day. The successful resolution of a case often depends on the actions that the victim takes immediately after the accident.
Individuals in every industry are susceptible to workplace injuries. However, there are often ways to prevent these injuries. By recognizing workplace hazards, employers and employees alike can take steps to mitigate risks and prevent employee injuries. Some of the most common injuries that American workers sustain include:
Drowsy driving has significant impacts on a person’s ability to safely operate a vehicle. Taking this risk means that a drowsy driver may also be taking the risk of causing an accident and being found liable for the injuries that result.
In some cases, motor vehicle accidents are not caused by an act immediately before the accident, such as speeding or turning in front of oncoming traffic. Instead, some motor vehicle accidents are caused because of the vehicle’s mechanical failure.
May 18, 2016 By HG.org
According to the Federal Motor Carrier Safety Administration’s 2013 report, there were over 3,300 fatal truck accidents for the most recent year that statistical data was available. Given the vast disparity between the size of the commercial truck and the other vehicle involved, such accidents are often serious.
May 23, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
Mourning the death of a loved one is difficult under any circumstances, but when the loss is the fault of a third party, the process can be immeasurably more painful.
May 22, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
Anyone who has ever been involved in a car accident knows that it can be a traumatic, stressful experience, especially when someone is seriously injured.
May 18, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
A patient is administered sedatives or narcotics in a hospital emergency room, and is discharged without being advised not to drive while under the influence of the medication.
May 18, 2016 By Eichen, Crutchlow, Zaslow & McElroy, LLP
Toyota Motor Corp. has recalled 1.1 million sport utility vehicles (SUVs) in the United States after the auto company was put on notice that during a car accident, the rear seat belts in certain RAV4 models can become slashed by metal seat-cushion frames, leaving passengers unprotected.
May 18, 2016 By HG.org
Thousands of people die every year in accidents involving semi-trucks. Most often the victims are people in passenger vehicles that are ill-equipped to withstand a collision with a vehicle many times its weight and strength.
May 17, 2016 By HG.org
Hover boards are a popular toy item that teens and pre-teens are particularly drawn to. However, hover boards have been a frequent source of injury for children who use them.
May 17, 2016 By HG.org
It is standard practice for a truck driver to get paid by the number of miles he or she logs, a practice that many proponents believe creates an incentive for the driver to avoid safety concerns in order to get paid more.
May 17, 2016 By Console & Hollawell P.C.
As a homeowner, there are many ways you can be liable for accidents that happen either on your property or as a result of an action that took place at your social gathering. From allowing guests to drink too much and drive to leaving safety hazards accessible to guests, a number of possible scenarios can leave you at risk for being held legally responsible for damage that results from a party on your property.
May 12, 2016 By Law Offices of Michael J. Brennan
Many see distracted driving as acceptable in today’s society. The rise of cell phones means that people regularly drive while talking, texting, taking a selfie, or tweeting. While people often see this conduct as acceptable, the fact of the matter is that it can result in extreme injuries such as head trauma, spine damage, paralysis, or even wrongful death. I will explain why such conduct constitutes negligence and how a victim can go about proving distracted driving at trial.
May 14, 2016 By Power Legal Group, PC
If you’re feeling squeezed by bills stacking up after an auto accident, you should know that it’s not just you. This happens to a lot of people after being injured in a car wreck.
May 14, 2016 By Cantor Crane
Every car accident is different and has the potential to leave the driver and their passengers with serious injuries. These injuries can lead to life-long issues that the victims must contend with for the rest of their lives. Even though each accident is different, there are some very common injuries that occur during a car accident, regardless of how the accident happened.
May 11, 2016 By Anderson Law Firm
Every year around the Fourth of July and New Year's, we get tons of questions about firework laws in Fort Worth. Given the hazard of fireworks, there are a number of Texas laws that control their sale and use.
May 12, 2016 By Heygood Orr & Pearson
Women who used talcum powder products for feminine hygiene may be at risk of developing ovarian cancer. More than 1,200 lawsuit have been filed against Johnson & Johnson by women who were diagnosed with ovarian cancer after using Johnson's Baby Powder, Shower to Shower, or other talc products sold by the company.
May 7, 2016 By Aaron Waxman & Associates
Many insurance policies are drafted with confusing and technical terms that insurance companies repeatedly use to deny and terminate claims. One of the many ways a disability lawyer can help you is by explaining what all the terms mean in the denial letter you receive from your insurance company.
May 4, 2016 By McKenzie & Snyder LLP
You might be asking how much your diminished value claim is worth. There are a lot of factors that go into how much your claim may be worth, and a professional appraisal is probably needed to ascertain this value, but I do know that in Ohio the potential value of your claim is probably capped.
May 4, 2016 By Cohen, Placitella & Roth, PC
Following an accident, you will surely have questions about how to recover compensation. When you do not believe that you were at fault, the exact steps to take are very important. Here are five things you should do when you are in an accident that was not your fault.
May 2, 2016 By HG.org
Malpractice occurs when some form of negligence, such as a misdiagnosis, treatment after the surgery, mismanagement of care, treatment errors or the continuing care plan of the patient when they have been released from the hospital.
May 2, 2016 By Cohen, Placitella & Roth, PC
Not all accident claims require the guidance of an attorney. However, sometimes, claims are complex enough, or injuries are severe enough, that hiring an attorney is the smartest thing a victim can do to protect their future and improve their chances of a fair resolution.
May 2, 2016 By McKenzie & Snyder LLP
After an accident, many insurance questions arise. Getting in contact with an experienced attorney can help solve any pending questions.
May 2, 2016 By Skousen, Gulbrandsen & Patience, PLC
Your local police wants to you to stop texting and driving among other actions. See ways they can influence safer driving practices in your community.
May 1, 2016 By Cohen, Placitella & Roth, PC
The laws regarding tort actions vary on a state-by-state basis. Further, what one can expect to experience in an injury case – to a certain extent – will depend upon the type of injury claim that is being filed (i.e. while the basic process for filing different injury claims may be similar, they will not mirror each other identically). The following provides a general overview of what you can expect to happen in a typical injury case in the state of Pennsylvania:
If you have been wronged by another, you may consider pursuing a legal claim against the person who harmed you. However, before taking this action, you may consider whether your claim is viable. Some considerations in making this assessment include:
When considering pursuing a particular case, a potential plaintiff must determine whether the case is worth pursuing. While some clients feel that pursuing the case is necessary because of “principle,” unless the client has significant financial means to justify bringing forth a case that will yield a lower damage award than the associated legal expenses, making this determination is usually a financial decision.
It is not uncommon for a person to interview multiple lawyers before deciding which one to hire. Just as clients may interview lawyers, lawyers may conduct their own assessment of a case. Some of the factors that lawyers may consider when determining whether or not to take a case include:
April 26, 2016 By Law Offices of Jeffrey S. Glassman, LLC
Drivers in Massachusetts are required by law to have auto insurance. But it’s not enough to insure oneself. Motorists also need to insure themselves against those who have no insurance or who are underinsured.
April 28, 2016 By Law Offices of Jeffrey S. Glassman, LLC
It is second nature in this age of technology to post up-to-the-minute details of almost every facet of our personal lives. We share photos, experiences, observations and opinions. But when it comes to your personal injury lawsuit, you need to be very cautious about every piece of information you make public.
April 25, 2016 By Law Offices of Jeffrey S. Glassman, LLC
In any legal action, individuals have the right to represent themselves in court. But just because they can doesn’t mean they should. The notion is understandable. You’re facing a mountain of medical bills. Your injury has left you out-of-work and struggling to pay your mortgage. You can’t afford a lawyer, and even if you could, why should s/he get a cut of your compensation?
April 23, 2016 By HG.org
With more and more people being infected with sexually transmitted diseases, more jurisdictions are beginning to recognize causes of action by infected individuals against their sexual partner who infected them. There are a variety of legal causes of action that may be implicated in this type of situation. However, different jurisdictions have different rules regarding these types of actions.
April 22, 2016 By HG.org
Slander occurs when a person makes an unprivileged false statement of fact that causes harm to that person or his or her reputation. Determining the amount of damages in a given slander case can help the plaintiff and lawyer determine the potential value of the case and if it is worth pursuing.
April 22, 2016 By HG.org
Sometimes after a person has taken certain medications, he or she discovers that this medicine has caused unanticipated medical issues. A person may be entitled to compensation for injuries caused by defective products. However, a person only has a limited amount of time in which to bring a lawsuit in order to recover.
April 24, 2016 By Ankin Law Office LLC
Before settling your claim, it is important that you investigate a fair and accurate value for your damages.
April 22, 2016 By Ankin Law Office LLC
Nurses and medical institutions will both benefit from the new laws being passed, which will help ensure safety regulations and accountability within the workplace.
April 20, 2016 By Ankin Law Office LLC
When determining whether to hire an attorney after a car accident has occurred, these considerations are important to keep in mind.
April 21, 2016 By Foyle Legal
People who were injured at work, in a motor vehicle accident, or in other ways often financially disadvantaged and cannot afford to pay doctors to provide a medical report in relation to their personal injury claim. In this article we have discussed some ways in which injured people can obtain medical evidence regarding the claim for free.
April 26, 2016 By Briskman Briskman & Greenberg
The insurance industry wants cuts in benefits to injured workers, and Illinois Governor Bruce Rauner intends to make them. They say that the cost of the workers' compensation program is too high, making the state uncompetitive in attracting business.
April 21, 2016 By Briskman Briskman & Greenberg
A new Illinois law went into effect on January 1, 2016, allowing nursing home residents and their loved ones to place a video camera in the resident's room, to guard against nursing home abuse and neglect.
April 22, 2016 By Briskman Briskman & Greenberg
Governor Bruce Rauner and Republicans in the state legislature say that Illinois is not friendly enough to businesses. They claim that businesses will not invest in Illinois because they fear lawsuits. The governor's solution is his Turnaround Agenda, which includes “tort reform” measures that would create restrictions for injured people filing lawsuits, as well as changes to the workers' compensation system, which would make it harder for injured workers to receive compensation.
April 24, 2016 By Briskman Briskman & Greenberg
A wrongful death lawsuit has been filed in Cook County by a widow who claims that negligence on the part of a nursing home caused her husband's death.
April 17, 2016 By HG.org
Every years, millions of products are recalled for various reasons. Recalls affect the very smallest of items such as children’s toys to large objects such as vehicles. When a product is recalled, it is usually due to some safety concern. Knowing the rights associated with recalled items can help consumers.
April 13, 2016 By HG.org
Technology has progressed to allow all manner of surgeries that extensively prolong human life to be performed with varying types of machinery. Despite this, there are in excess of 225,000 cases of patients who die while receiving medical treatment due to malpractice.
April 13, 2016 By HG.org
Unlike most other wounds or damage to the body, spinal trauma may be long-lasting and life altering. When vertebrae are separated or traumatized, various effects may arise such as swelling, back pain, temporary paralysis or permanent paralysis.
April 14, 2016 By Ladah Law Firm, PLLC
When you've been injured in an accident or as the result of someone’s reckless or negligent conduct, recovery can be a slow, painful process. Your injuries may require ongoing medical treatment, while preventing you from working or engaging in activities you previously enjoyed. While you may be entitled to compensation for your injuries, it is important to factor in how long it will take to completely recover, as well as any lasting impacts that may result.
April 12, 2016 By HG.org
At times, new accidents may affect pre-existing wounds or damage done to the body from other accidents. The new injuries may cause previous ones to become worse, or they may cause brand new issues coupled with old issues. Typically, the previous harm done to the body that may be worsened has to do with the neck, back and/or the head. In some cases, prior injuries may have long since healed. In other cases, a new injury exacerbates an ongoing issue.
April 12, 2016 By HG.org
In Massachusetts, sellers of property have certain duties. One such duty is to disclose certain defects of the property. If the seller fails to disclose such defects, the buyer may have remedies available to him or her.
April 8, 2016 By Van Dyke Law Office
If you have ever had to dispute a decision related to accident benefits under the Statutory Accident Benefits Schedule (SABS), you probably dealt with the Financial Services Commission of Ontario (FSCO). Since 1997, FSCO’s Dispute Resolution Service has served as the adjudicator for disputes between injured citizens and insurance companies.
April 6, 2016 By HG.org
Recognizing the power of first-hand user experiences, some businesses flood review sites with positive reviews about their product or service by paying writers to manufacture this content. Rather than reading a real review by someone who has actually used the product or service, the consumer is duped by someone who has no contact with the product or service other than a paycheck.
April 6, 2016 By HG.org
National studies have found that many consumers check online reviews before making a purchase. Additionally, many consumers directly cite such reviews for the reason why they chose a particular product. Hoping to tap into the upside of this strategy, some businesses encourage consumers to post positive reviews.
April 5, 2016 By d'Oliveira & Associates
Takata Airbags recalled an additional 5 million vehicles due to inflator malfunctions.
April 5, 2016 By The Pearce Law Firm, P.C.
If you do suffer an injury in a slip or fall, you can potentially recover compensation for your injury through a personal injury claim. After seeking medical attention for your injury, contact an experienced personal injury attorney to discuss your rights and legal options.
March 31, 2016 By HG.org
A wrongful death occurs when one person’s negligence or intentional acts takes away the life of another, resulting in damages to a surviving family member. A wrongful death may occur because of an automotive accident, workplace accident, homicide, medical malpractice or any other manner in which the law holds one party responsible for the death. However, the plaintiff only has a certain amount of time in which to file a claim.
What Is the Statute of Limitations in NJ/PA for a Nursing Home Abuse or Nursing Home Neglect Lawsuit?
March 30, 2016 By Console & Hollawell P.C.
When you make the difficult choice to move a loved one into a nursing home, you want to know that they are getting the best care. Unfortunately, some nursing homes do not provide the quality of care you expect, and sometimes neglect or even downright abuse happens. The deadline to file claims or lawsuits in New Jersey and Pennsylvania is two years.
March 30, 2016 By Law Offices of James O. Cunningham, PA
In 2015, there were over 92,000 hit and run traffic crashes in the State of Florida resulting in over 19,000 injuries and 186 fatalities. The DHSMV and the Florida Highway Patrol’s “Hit and Run, Bad to Worse” campaign aims to reduce the number of hit and run crashes in Florida by educating drivers on why drivers flee, what their responsibilities are if involved in a crash, and the consequences they face if they leave a crash scene.
March 29, 2016 By The Law Office of William W. Hurst
Under the current wrongful death landscape in Indiana attorneys fees are provided for in both child wrongful death cases and adult wrongful death cases where the deceased leaves no descendants, but are not where the deceased adult leaves descendants. Senate Bill 124 would make it so that attorneys fees are provided in all wrongful death cases.
March 21, 2016 By d'Oliveira & Associates
Learn why the FDA had reclassified the Transvaginal Mesh patch as a high risk device.
March 21, 2016 By HG.org
Hospitals, nursing homes and other medical providers owe patients a greater degree of care than one person owes another. This is because they are entrusted with the medical treatment of individuals. When a nursing home or hospital is negligent, the victim may pursue a medical malpractice against it.
March 22, 2016 By The Law Offices of R. Sebastian Gibson
In March 2016, the arrival of self-driving cars, robotics and artificial intelligence systems took a major step forward with automatic breaking systems becoming standard on most cars by 2022. Liability for self-driving cars and insurance may be greatly affected by an NHTSA pronouncement in February 2016, and the end of the line for most personal injury attorneys in California and across the country is clearly in sight to the misfortune of accident victims in California and throughout the U.S.
July 13, 2012 By HG.org
Unlike other states that use a “one bite” rule for dog bites, California imposes a strict liability statute that holds dog owners responsible for the injuries their dogs cause. However, there may be other potential defendants based on the circumstances involved in the case.
October 25, 2011 By HG.org
When a dog bites someone, it is easy to blame the dog. However, the dog likely does not have any financial resources from which the victim can be compensated. Therefore, the law imputes responsibility on the dog’s owner.
March 5, 2012 By HG.org
Plaintiffs who file a personal injury claim in California must be aware of the various limitations of personal injury claims in the state. Being fully aware of this information usually requires a thorough understanding of civil procedure in accordance with California law. Personal injury victims must ensure that they are acquainted with the following laws in order to avoid compromising their own case.
May 7, 2012 By HG.org
Each state has enacted a statute of limitations for personal injury cases. This statute specifies the time in which a claim must be filed in order for the victim to move forward with his or her case. A personal injury lawyer can advise clients on the necessity of filing a claim and the appropriate timing to file their claim.
October 25, 2012 By HG.org
Dog bites continue to be an ongoing problem, resulting in serious injuries and civil lawsuits being filed. Knowing which parties share responsibility for the injury helps identify potential defendants in a personal injury case.
October 29, 2008 By HG.org
In a medical malpractice case, the plaintiff bears the burden of establishing that the medical professional provided treatment in a negligent manner. This is often expressed as the medical professional deviating from the accepted standard of care. These lawsuits have transformed how one is treated medically.
March 17, 2016 By Shapiro, Goldman, Babboni & Walsh
Insurance companies are notorious for being resistant when dealing with the approval of a claim. This is especially true in cases such as personal injury claims that are the result of an automobile accident.
March 17, 2016 By The Sessions Law Firm, LLC
There are some simple steps that people injured in a car accident can take to help maximize their recovery. Here we discuss some of the most important items that you should be cognizant of.
March 14, 2016 By d'Oliveira & Associates
Construction can be one of the most hazardous occupations and the one that sees the most cases of mesothelioma from asbestos exposure.
November 14, 2011 By HG.org
When a person is involved in an accident, he or she may be confused about what happens next. Based on tort principles, a person who sustains an injury that is caused by the negligence of another is entitled to compensation for the damages that he or she suffers as a result of that party’s negligence.