Personal Injury Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Personal Injury.
November 20, 2014 By d'Oliveira & Associates
Wrong-way auto accidents are some of the most serious types of collisions that occur on Rhode Island's highways. Seeing a vehicle traveling the wrong way and hurtling toward oncoming traffic at a high rate of speed can be terrifying. According to the U.S. National Highway Traffic Safety Administration (NHTSA), wrong-way accidents on divided highways are far more likely to result in deadly or serious injuries than any other type of car accidents.
November 18, 2014 By The Evans Law Firm, Inc.
Many nursing home chains in California have been shown to underperform when it comes to quality-of-care, staffing, and inspection measures.
November 16, 2014 By Briskman Briskman & Greenberg
People who are injured as a result of medical negligence are entitled to seek compensation through a lawsuit. However, in the vast majority of medical malpractice cases, a lawsuit is never filed. In fact, in the case of misdiagnosis – one of the most common types of medical errors – the patient may not be aware that a mistake occurred, and the error itself may go unreported.
November 13, 2014 By Wright Hassall
It would be a truth universally acknowledged among sensible people that the sharing of information on best practice, and the identification of meaningful trends gleaned from data, can only be a bonus for all organisations regardless of operation - and none more so than the NHS.
October 29, 2014 By Baker & Zimmerman
Even though Xarelto is a new drug on the market, the negative side effects have grown greater than those from Pradaxa. Both of these drugs have experienced bleeding issues with consumers because they are anticoagulants. The only difference between the legalities of the two drugs is that a lot of Pradaxa's cases have been settled while Xarelto's cases are just getting started and are unfortunately, firing up.
October 28, 2014 By The Bottaro Law Firm, LLC
The Rhode Island Supreme Court held that a 17-year old trespasser on boarded up property who received sulfuric acid burns could not recover against the landowner under the attractive nuisance doctrine, because he appreciated the risk of his reckless actions. Burton v. Rhode Island, 80 A.3d 856 (R.I. 2013).
October 20, 2014 By The Evans Law Firm, Inc.
Recently, a whistleblower failure-of-care claim was settled against a nursing home chain for $38 million. Even nursing home abuse can be stopped with whistleblowing.
October 17, 2014 By Oliveri & Schwartz, P.C.
If you drive a car, you’ve probably seen it happen (or you’ve seen the aftermath). A mattress, a piece of furniture, a chunk of metal, a huge box or some other large object falls off a moving truck (or the object is lying on the side of the road). What happens when the stuff that fell off the truck hits a car or a pedestrian or a bicyclist, causing a wreck and injuries? Is the truck responsible?
October 16, 2014 By Martinez & Schill LLP
Consumers must be aware when shopping for vehicles that there are numerous vehicles that have had parts recalled that may not have received repairs. Car manufacturers like General Motors have issued recalls that affect nearly 25 million vehicles. Consumers must get informed about recalls when car shopping in order to avoid injury from car accidents related to defective parts.
October 15, 2014 By Eberstein Witherite LLP - Car Wreck
Back injuries differ in type and severity. Some car wreck victims suffer minor back injuries. For example, if a victim was stopped at a red light and another driver slowly rolled into his car, the victim might experience soreness for a few days. Other car accident victims are not so lucky.
October 10, 2014 By The Evans Law Firm, Inc.
Nursing homes can't evict elders based on ending Medicare coverage, lack of long term beds, or refusal to readmit after a hospital stay.
October 3, 2014 By The Evans Law Firm, Inc.
Studies show that understaffing is directly linked to elder abuse in nursing homes.
September 29, 2014 By Briskman Briskman & Greenberg
A skilled pickpocket does not just take your wallet; he directs your attention elsewhere. When you notice you have been robbed, you blame someone else.
September 29, 2014 By Wiselink Law Firm Shanghai
Regulation of the Supervision on Medical Instruments was revised and published by the State Council of People’s Republic of China on Mar. 7, 2014.
September 24, 2014 By Keogh Crispi, PC
A recent court decision based on the case Hamilton v. Miller in the New York Court of Appeals is giving more hope to victims in New York lead poisoning cases. Previously, victims had to provide medical reports relating to each alleged injury. The lower court's narrow requirement requiring medical reports be furbished before defense medical examinations take place is no longer honored in lead poisoning cases, although victims must still furnish medical records relating to their injuries.
September 23, 2014 By The Miley Legal Group
Truck drivers operating a massive vehicle under the influence of alcohol or drugs cause truck accidents in the Clarksburg, West Virginia region every year. These accidents can be severe given the size difference between large trucks and passenger vehicles, and the recklessness with which impaired truckers often drive. Survivors of accidents related to truck driver impairment can recover damages for losses sustained in the accident.
September 23, 2014 By Pothitakis Law Firm, PC
Iowa limits the benefits you can receive if injured on the job to specific categories of benefits.
September 22, 2014 By HG.org
When a person is injured while in the hospital, he or she may consult a personal injury attorney who focuses on medical malpractice claims. One of the first questions that an attorney of this nature will try to answer is who may be sued. In addition to surgeons or other healthcare staff, hospitals may also be sued in some cases for malpractice. The hospital may be able to be sued if one of the following situations is applicable.
September 18, 2014 By Botto Gilbert Gehris Lancaster, P.C.
While many would think it is more likely to be involved in a motor vehicle accident with another car, railroad fatalities are a larger concern, especially among pedestrians. Illinois' Rail Safety Week aims to encourage awareness of rail safety among pedestrians and motorists.
September 18, 2014 By The Evans Law Firm, Inc.
This month, legislators passed a bill entitled The Residential Care Facilities for Elders Reform Act of 2014 (ACT), effective July 1, 2015.
September 17, 2014 By HG.org
A medical malpractice case may arise when a patient’s treatment falls below the standard of care when compared to other surgeons in the same practice area and the patient is harmed. A patient may be injured due to a variety of surgical errors.
September 15, 2014 By HG.org
Every day, individuals are injured while on the premises of a business. Injured individuals may be able to pursue a personal injury lawsuit and recover for the damages that they suffer.
September 12, 2014 By HG.org
In recent years scientists have learned more about the potential dangers of mold and breathing it in on a daily basis. While some individuals may develop minor respiratory symptoms, such as coughing and wheezing, more serious conditions may develop, such as fungal respiratory infections. In many states, your landlord may have some responsibility to help remediate the problem.
September 11, 2014 By The Miley Legal Group
Product manufacturers must ensure their products are safe from defects that can cause injuries or fatalities. When companies fail in this duty, customers are exposed to the risk of injury or death while using the product. When death occurs because of a defective product, survivors of the deceased can filed a wrongful death lawsuit to recover damages.
September 11, 2014 By HG.org
The statute of limitations provides a time limit in which a plaintiff can bring a lawsuit without it being time barred by the court. With few exceptions, if this time limit passes, the plaintiff will be forever barred from bringing the suit. Like other types of claims, there is usually an applicable statute of limitations.
September 11, 2014 By HG.org
If you have been injured in another accident that was caused by another party, you may be able to pursue a civil lawsuit against the responsible party. However, a lawyer may evaluate certain factors of your case to determine whether or not to take your case.
September 11, 2014 By Law Office of Julie Johnson, PLLC
Motorcyclists are at an especially high risk of suffering head injuries in an accident because of the relative lack of protection compared to drivers of passenger vehicles. Accidents can result in brain injuries and can require extensive treatment, including hospitalization. For some victims, a head injury from a motorcycle accident can have lasting and severe effects.
September 10, 2014 By The Evans Law Firm, Inc.
Nursing homes in LA discovered prematurely closing claims regarding elder abuse before completing investigation
September 10, 2014 By Al Rowaad Advocates & Legal Consultancy
Being involved in a road traffic accident can leave you with anything from whiplash and bruising to serious head and spinal injuries. If you are uncomfortable enough to be involved in a horrific road accident, which was not your fault, then you may be entitled for a personal injury compensation claim.
September 9, 2014 By HG.org
If you have been injured in an automotive accident, slip and fall or workplace accident, your immediate reaction may be to sue the party responsible for your injuries. However, not all cases warrant an attorney’s involvement. Furthermore, attorneys may refuse to take a case if it is not worth the attorney’s time or experience.
September 8, 2014 By Laffey, Bucci & Kent
Can an employer retaliate when a worker files an OSHA complaint or files for workers’ compensation benefits?
September 1, 2014 By Roger G. Jain & Associates, P.C.
A few weeks ago, we discussed the criminal consequences of a driving while intoxicated (DWI) charge in Texas. This article covers some of the civil (i.e. non-criminal) consequences that you might face as a result of a DWI charge.
August 31, 2014 By The Bottaro Law Firm, LLC
Tesla Motors is known for their cutting edge electric vehicles. The National Highway Traffic Safety Administration (NHTSA) has given the Tesla Model S a 5-star safety rating in every subcategory without exception, setting a new record for the lowest likelihood of injury to occupants (Tesla Motors).
August 29, 2014 By Martinez & Schill LLP
Youth football players are at risk for brain injury due to their sport, and a new law in California, AB 2127, seeks to reduce injuries to the brain, such as concussions, among young football players. California joins many other states in combating the growing concern that young football players are sustaining head injuries playing middle school and high school contact sports.
August 29, 2014 By The Evans Law Firm, Inc.
Status updates on proposed legislation for the Residential Care Facilities for the Elderly (RCFE) Reform Act of 2014 that are up for review at the next legislative session.
August 28, 2014 By Fisher & Associates PC
When our loved ones grow old and sick, families can feel a sense of relief knowing that when they are put into a nursing home they will receive the 24 hour a day care that they truly need. Having grandma and grandpa live at home may be nice for the family, but you and your spouse are not certified to give true medical attention that they need, and working full time in the midst is not helpful for them either.
August 28, 2014 By Fisher & Associates PC
Since the time we were children, we have heard that medications will make all of our problems go away. After years of testing, and product consumption, people are now starting to realize that there are unwanted side effects for almost every medication out on the market today.
August 26, 2014 By Ankin Law Office LLC
Each year thousands of U.S. workers die and millions more are injured in workplace accidents. In fact, according to the Bureau of Labor Statistics, there were 4,383 fatal work accidents and 3.7 million nonfatal work injuries in 2012.
August 26, 2014 By Law Offices of Jual F. Reyes
Living as a tenant in a apartment or house in California requires payment of monthly rent to your landlord. Clearly, it is your obligation to pay rent in exchange for living at a property that is owned by another.
August 26, 2014 By The Bottaro Law Firm, LLC
According to the U.S. Food and Drug Administration (FDA), India's pharmaceutical company Lupin Ltd is recalling 9,210 bottles of the infection-preventing drug Suprax because of a failed purity test in the United States.
August 25, 2014 By The Miley Legal Group
Some family members may challenge the distribution of a wrongful death settlement, arguing they are entitled to damages because they were dependent on the deceased. An attorney can help Clarksburg families protect their right to damages.
Parents warn their teenagers about the dangers of risk driving habits, but data shows that many parents engage in the same dangerous driving behavior that they warn their children against.
Car accident victims may suffer terribly in the aftermath of the wreck. They may be forced to cover the costs of significant property damage, emergency medical treatment, doctor’s bills, and even long-term rehabilitation
Many people are simply not aware of the dangers that defective swimming pool, wading pool, spa and hot tub drains have until it is too late, especially when children are involved
Accidents involving large commercial trucks may occur for a wide variety of reasons, with numerous potentially responsible parties. According to the Federal Motor carrier Safety Administration (FMCSA), drivers are ten times more likely to cause commercial truck accidents than other factors, such as improper cargo loading, vehicle malfunction, or inadequate truck maintenance.
The Georgia Department of Public Health (DPH) and federal regulations enacted by the U.S. Consumer Products Safety Commission (CPSC) have established safety requirements to help prevent drowning and swimming pool accidents.
Car safety features like airbags and seatbelts marked significant advancements in safety. Now, new safety features are making our vehicles even safer. More advanced features do not just protect occupants from injuries in an accident, but work proactively to minimize the risk of an accident.
Traumatic brain injury (TBI) is one of the more severe injuries resulting from pedestrian accidents in Dallas every year. While short-term consequences like headaches, disorientation and memory problems may reduce in severity and intensity over a period of time, some victims may suffer long-term or permanent consequences including impaired cognitive abilities, motor dysfunction and psychological distress.
The goal of any personal injury lawsuit is to prove negligence. Once this has been achieved, then there is a need to show causation. This is where the plaintiff needs to show that the negligence of the party is what led to any injuries. If an injured party can prove both negligence and causation, then there will be a determination needed for damages.
Individuals and families purchase life insurance policies for one reason: peace of mind. The purpose of life insurance is to provide protection in the rare but devastating event of the death of a loved one.
The U.S. Coast Guard recently released statistics regarding recreational boating fatalities. The good news is that fatalities are down nearly fourteen percent in 2013 from the year before. This decrease reflects a concerted effort to encourage boating safety.
The U.S. Consumer Product Safety Commission (CPSC) has announced a recall of three models of the Nap Nanny ® infant recliner chair/bed made by Baby Matters, LLC of Berwyn, Pennsylvania. The Nap Nanny is a portable infant recliner designed for sleeping, resting, and playing. It includes a shaped foam based fitted with a fabric cover and three-point harness.
Workplace forklift accidents are one of the most common types of work accidents in the U.S. Injured workers often want to know how medical bills are paid. This article discusses how medical bills are paid after a workplace forklift accident with a focus on PA and NJ law.
No matter how careful while driving, there is always the possibility of becoming involved in a car accident. For most first-timers, an accident can be cause for fright and panic. Initially, drivers involved in accidents suffer shock as a result of the impact and then are forced to deal with physical injuries, property damage, and possible medical bills. The hassle of dealing with insurance companies and the other negligent driver can be confusing and time consuming.
Traumatic brain injury occurs when a sudden trauma results in brain damage. Unlike brain-related problems dating all the way back to birth, traumatic brain injury is a form of acquired brain injury.
Those operating golf carts in Florida should understand that the Florida legislature intends to protect persons and property from the all-too-common accidents associated with golf carts and other motorists and pedestrians.
When the intentional or negligent actions of another lead to death, certain family members of the deceased may be entitled to recover damages in a wrongful death lawsuit.
Personal injury attorneys typically handle swimming pool injury or drowning cases. However, drowning claims and swimming pool negligence claims have many unique issues that the typical injury lawyer may not have the requisite experience or expertise.
Every parent hopes their newborn child will enter this world happy and healthy. In most cases, this is exactly what occurs. In some rare instances, however, newborn children may suffer from a birth injury. Following are ten of the most common birth injuries experienced by newborns in Georgia.
Every year, car accidents lead to a substantial number of serious kidney injuries. Motor vehicle safety devices such as seat belts and airbags have saved countless lives and prevented injuries for many individuals involved in car accidents. Seat belts are designed to prevent chest and other internal injuries by dispersing the force of a collision across two of the body's sturdiest areas: the upper chest and the pelvis.
Confusion often surrounds the question of whether or not a car in a funeral procession can run a red light. Additionally, the probability of a serious car accident occurring involving personal injury increases if you have a long line of cars running through a red light during heavy traffic such as in New York City.
Slip and falls are one of the leading causes of accidental injuries in the United States. In fact, these unfortunate instances account for nearly 9 million emergency room visits annually. While young and old people get involved in such mishaps, the elderly are considered high risk with one-third of those who are age 65 or older suffering falls every year.
Just last month, the issue of drowsy driving was brought to the attention of the nation when a sleepy truck driver plowed into famous comedian Tracy Morgan, killing his passenger - fellow comedian James McNair - and critically injuring Morgan and his other passengers.
No matter a driver's reasons for leaving the scene of an accident, you, the victim, are still left high and dry without compensation to help you pay for your injuries or to fix the vehicle's damage. On the other hand, there still are many options for legal recourse and compensation.
While dog bites are fairly common, unprovoked dog attacks are not. However, as we recently saw in the viral video of a cat saving a human child from an attacking dog, they do occur. Therefore, it is important that you know what to do in case of a dog attack. These tips can help you rectify a situation with a potentially dangerous animal.
Arizona has more lakes and rivers than many people assume. However, the state also has the fifth highest boating accident rate in the country. Why is that?
The impact of a car accident may pose serious harm to the driver as well as the passengers, and leave them with long-lasting side-effects to contend with in the future. Here are some examples of the most common injuries sustained in an accident:
Drowsy driving is one of the most common driving hazards, but new data highlights the dangers associated with drowsy driving. In fact, research shows that drowsy driving is as dangerous as driving while drunk.
UBER has insurance above and beyond minimum state insurance requirements that are carried by regular taxi drivers.
If you are unfortunate enough to suffer injuries and property damage as a result of somebody else’s negligence, the only thing the civil justice system permits by way of recovery is monetary compensation. Similar cases can have different results and, as such, it is important to do everything you can to obtain full value for your damages.
While most of us worry about swimming too far off the coast during a summer vacation, we don't realize that we're more at risk on a roller coaster than a shark when venturing outdoors this season.
It seems that we're hearing more and more about children being left in cars on a hot summer day as the parent goes shopping or to a hair salon, but is their a legitimate surge in these cases or is the media covering them more often?
The dangers of texting and driving are well-known and undisputed. But did you know that texting while walking also presents a number of injury risks?
If you presumed that only the elderly are prone to slip and fall incidents, think again. Many people just older than 24 are affected by slip and falls every day, with numbers going into the millions annually.
A discussion of whether a college can be held liable when a student is assaulted. A recent Pennsylvania Superior Court decision found in favor of a student, against the college, in a physical assault case.
By Warnken, LLC
What do you need to know in order to get the most out of your consultation with a car accident lawyer. Being prepared for your meeting will go a long way to getting the most from your lawyer. Here are ten questions you should be prepared to answer for your attorney.
Teenagers today in the United States are driving much less than their predecessors from three to four decades ago. However, there continues to be a disproportionately high risk of death and serious injury in accidents among teen drivers.
Injured victims of crime can use civil lawsuits to seek justice, hold responsible parties accountable, prevent future crimes, and obtain the financial resources victims need to rebuild their lives.
Many fatal truck crashes in Dallas are the result of a rollover. Other vehicles involved in truck rollover accidents are just no match for the sheer size and weight of a semi that’s rolled over and may swing across the roadway. Many truck rollovers are actually preventable. Read on for an overview of possible causes of rollovers.
Zoloft antidepressant drug should be carefully considered by pregnant woman, because of increased risks of birth defects.
By STA Law Firm
“The malpractice is an error occurs due to the unfamiliarity of a practitioner with the technical aspects which each practitioner is assumed to be familiar with, due to negligence or paying insufficient efforts”.
Small Claims Court may be your only option when trying to recover damages from a motorcycle accident.
The da Vinci surgical robot has been marketed as a breakthrough in making surgery more efficient and less invasive. The da Vinci robot has a sophisticated 3D view camera and four remote control arms, enabling surgeons to perform operations such as hysterectomies and prostatectomies through smaller incisions but with better visibility and precision. The da Vinci robot is currently used in about 1,000 hospitals and hundreds of medical offices across the United States.
The recent U.S. District Court (Western District of Washington) case of Michael Mechling, et al. v. Holland America Line, Inc., highlights two key factors in determining legal remedies for survivors of nonseafaring individuals who suffer fatal injuries at sea.
Texting people is extremely common. Now, one might just be liable, if you do so to someone who is driving, and causes an accident. An Appellate Court decision which has thrown principles in disarray.
Respondeat superior is a legal term that describes the responsibility of an employer for the actions of his/her employees. It's important to understand how this may affect a personal injury claim.
Injuries that occur as a result of someone else's careless or reckless actions may lead to a personal injury claim. It's important to understand the elements that apply to this type of case: duty of care; failure to exercise reasonable care (negligence); causation; and the presence of damages.
Pennsylvania has been rated satisfactory in nursing home care grades. If your loved one was abused or neglected in a nursing home, contact an attorney.
Tracy Morgan's Injury After Being Hit by a Semi, Brings Trucking Regulations Back into the National Spotlight
NTSB statistics show more than 104,000 injuries and nearly 4000 deaths in 2012 from accidents involving large commercial trucks, but it takes the severe injury of a well known comedian to get the subject of commercial trucking safety back in lawmaker discussions.
Drowsing driving can be as dangerous as drunk driving. Operating a vehicle while fatigued causes countless accidents each year - and you could obtain compensation if you were injured by a drowsy driver.
Each year millions of workers are injured in on-the-job accidents. While many of those injured workers will be able to return to their existing job after a period of recovery, some injured workers are injured to an extent that they are unable to return to their pre-injury job. In these situations, the injured worker may be able to receive vocational rehabilitation benefits under the applicable state workers’ compensation program in order to help him or her obtain a new job.
Healthcare is the fastest-growing sector of the U.S. economy, according to the U.S. Centers for Disease Control and Prevention (CDC), employing over 18 million workers – the majority of which (80%) are women. Healthcare workers – including doctors, nurses, lab technicians, pharmacists, and a number of other professionals – are exposed to a wide range of occupational hazards.
Drivers encounter many distractions behind the wheel. This may include using a cell phone, daydreaming and eating. But passengers can sometimes be the most distracting. Consider the following ways to make riding with a passenger safer.
My Rhode Island personal injury law firm recently looked into a case in which the Bridgeport, Connecticut Police Department settled a lawsuit alleging severe brutality during arrest.
Social Security disability benefits can be paid to people who have recently worked and paid Social Security taxes and are unable to work because of a serious medical condition that is expected to last at least a year or result in death. The fact that a person is a recent parolee or is unemployed does not qualify as a disability.
A driver was seriously injured in a Riverside County car accident, which officials say, involved a suspected drunk driver. According to a news report in The Press-Enterprise, the major injury collision occurred on the Highway 74 at Trellis Lane.
Construction workers are especially vulnerable to work-related injuries. According to OSHA, nearly 6.5 million people work at approximately 252,000 construction sites across the nation on any given day, and the fatal injury rate for the construction industry is higher than the national average for all industries.
Although Texas does not have any state-wide texting and driving laws banning the practice, the Federal Motor Carrier Safety Administration (FMCSA) has a federal ban on this dangerous act for truck drivers. Drivers who take their eyes off the road greatly increase risk of an accident. Knowing this, the FMCSA published new rules in October 2010 banning all truck drivers from texting while driving their commercial motor vehicles, regardless of the state within which they are traveling.
Motorcycle accidents are obviously one of the most dangerous types of traffic accidents because of the precarious position of the rider, who lacks the protective cage of a vehicle. Riders might suffer long-lasting injuries as a result of a crash, such as paralysis.
Here in Rhode Island and Southern Massachusetts, it is motorcycle season and this causes a spike in bike accidents resulting in personal injuries. Here, we review D’Antuono v. Clarendon Nat’l Ins. Co., 620 A.2d 96 (R.I. 1993), a Rhode Island Supreme Court law decision involving a motorcycle accident with personal injuries.