Personal Injury Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.
March 24, 2017 By HG.org
Intentional infliction of emotional distress is a tort that allows for recovery when one person’s outrageous conduct results in severe emotional trauma to someone else. There must be specific elements that are met in order for the victim to recover compensation from the person who caused the distress.
March 23, 2017 By HG.org
When an accident occurs, the victim usually must deal with at least one insurance company to resolve the matter. This could be through an interview, through a statement requested and an investigation into the matter may transpire to ensure the proper settlement is provided.
March 21, 2017 By Galfand Berger LLP
A line of toys manufactured by internet-based company, CloudPets, has left the personal information of nearly 800,000 consumers exposed to hackers everywhere.
March 21, 2017 By Bohrer & Lukeman
Though the number of major airline accidents have diminished in recent years, in-flight turbulence-related injuries have increased, in part due to overworked flight crews and inadequate enforcement of safety protocols.
March 21, 2017 By HG.org
Personal injury claims are almost always restricted for filing by a time limitation based on the state and the injury being claimed. The circumstances surrounding the incident may allow for certain extensions, but the time frame to file for a claim is often controlled by what is known as a statute of limitations.
March 20, 2017 By HG.org
Damage to the ligament is common when a car accident occurs. When an expert witness is needed for the case, this professional must determine how to evaluate the injury of the ligament and how it applies to the case.
March 20, 2017 By Arnone & Sicomo
Ski accident damage: compensation in civil and criminal matters.
March 20, 2017 By Fox & Melofchik, L.L.C.
A wrongful death case can occur when a person is fatally injured as a result of another person or company’s negligence. Accidents such as medical malpractice or a car crash can constitute as a wrongful death claim. Our Middletown wrongful death lawyers answer some questions about these cases below.
March 20, 2017 By HG.org
Bicyclists are sometimes the reason a traffic accident occurs. While these incidents are not common, they may be catastrophic depending on the factors of the situation. If the bicyclist swerved into oncoming traffic, he or she may have just caused one vehicle to collide with another.
March 18, 2017 By HG.org
As the number of elderly individuals increases in the general population, there is a greater number of persons entering nursing and assisted living facilities either of their own volition or due to family.
March 17, 2017 By HG.org
Workers’ compensation claims are processed through a company that has a package purchased to take the place of other plans when an employee becomes injured while working for a company. However, it is possible that a claim may be denied.
March 17, 2017 By Eichen, Crutchlow, Zaslow & McElroy, LLP
A recent ruling by the Connecticut Supreme Court highlights the role of design defect plaintiffs in product liability litigation.
March 17, 2017 By HG.org
Animal attacks are common in areas where there are forests and family home developments. However, many of these dogs are carefully managed by their owners. In some instances, they are provoked or instigated into biting another person. On occasion, they attack an innocent with no seeming reason.
March 16, 2017 By Galfand Berger LLP
With technological advances being made at a shockingly fast rate, it may come as no surprise that driverless, or robot cars, are already on American roadways.
March 16, 2017 By Carter Capner Law
Nobody likes to think about being in a plane crash when traveling. It does happen, and people should know what to expect if it does. Important information about what will occur after a plane crash is printed on a person's plane ticket. There will be information concerning what an airline is required to do by law in the event of such an event.
March 16, 2017 By d'Oliveira & Associates
After being implanted with the devices the Plaintiffs all claim to have serious injuries due to the implant system.
There are many personal injury cases caused due to an incident with physical objects instead of specific persons. These are usually due to defective products created by a manufacturer or distributed by a company.
There are many versions of sharing someone’s private details by accident that are not considered an invasion of privacy. However, when the divulging of these specifics is accomplished in certain ways, a claim may be possible for the damage this act causes.
Truck accidents are among the general vehicular incidents on the road that lead to property damage, injury and death. When a truck collides with a smaller or less equipped car, the truck usually is damaged less, and those inside the bigger vehicle tend to have fewer injuries.
March 14, 2017 By Simmons and Fletcher, PC
A Stowers Demand is a tool often used by Plaintiff's lawyers in Texas to put pressure on insurance companies to either pay their policy limits to settle a claim or risk exposing their insureds and themselves to liability for a verdict in excess of the coverage amount.
March 14, 2017 By HG.org
Accidents involving motorcycles are often severe and life-threatening when not fatal. Safety gear and protections may lower these imminent threats, but they do not usually eliminate the potential for serious injury or possible life loss when a collision does occur. Many of these wounds are grievous enough to change the lives of those included in these events.
March 10, 2017 By HG.org
Every state has a law related to the amount of time a person can bring forth a personal injury case before being time-barred from making the claim. These laws are referred to as the statute of limitations.
March 9, 2017 By HG.org
Car accidents with governmental vehicles are not common throughout the United States, but these incidents may occur with greater frequency in those states and cities where officials reside.
March 9, 2017 By HG.org
Dram shop laws relate to cases in which a person has received alcohol from an establishment and then causes an accident while in an intoxicated state. Dram shop laws allow victims who were hurt by the intoxicated driver to pursue compensation from the establishment or party that provided alcohol to the intoxicated driver.
March 8, 2017 By HG.org
Catfishing schemes have become more common as social media presence has increased over time. They often lure unsuspecting victims in, potentially costing them time, money and frustration.
March 8, 2017 By HG.org
Private investigators are often able to held identify the culprit of crimes or wrongful acts even when this individual is someone who is anonymous and hiding behind a computer screen. Discovering this information can help a concerned parent narrow in on what he or she may be able to do to protect the teen.
March 8, 2017 By Farrar, Hennesy & Tanner, LLC
When people suffer injury in an accident, they have a right to seek recompense for their injuries in a court of law. To prove their allegations, though, their attorney must prove negligence. Here’s how the law determines if someone is negligent:
March 8, 2017 By Farrar, Hennesy & Tanner, LLC
Many people mistakenly believe that there is a direct relationship between negligence and workers’ comp. The truth, however, is more complex—workers’ comp cases are is not like personal injury cases.
March 8, 2017 By The Pendas Law Firm
The law of the sea is very different from that of the land, and it can be confusing for someone who chooses to visit rather than work there.
March 8, 2017 By Alley, Clark & Greiwe
If you've been in a previous accident, insurers will try to use that against you in any subsequent Florida car accident lawsuit. Read on to learn how they do so and what you can do about it.
March 8, 2017 By Power Legal Group, PC
You’ve probably heard of Uber—the smartphone app that allows you to call a cab to your doorstep in a matter of minutes. It’s a widely adopted use of modern technology, and it’s very, very popular, especially in metropolitan areas.
March 7, 2017 By HG.org
Drones have become an everyday consumer electronic device. Unfortunately, with advancements in technology, there are often dangers when the devices advance faster than the safeguards put in place for customers. These dangers could cause injury to those that purchase them. If this occurs, it may be important to contact a lawyer for potential compensation.
March 7, 2017 By Buckfire & Buckfire, PC
We know many things that cause cancer, but recent court filings have brought to light a new carcinogen you may not be aware of -- baby powder.
March 7, 2017 By Jim Leach, LC
Most people don’t think too much about personal injury attorneys until they are in an accident. People get injured all the time in all kinds of ways, and in most cases those accidents are due to someone else’s negligence. Sometimes the resulting injuries are severe, and the recovery long. Injured people may miss work or become unable to work in the same field because of those injuries.
Workers’ compensation packages provide what benefits are allotted to workers when they have been injured while at the jobsite performing duties or when working for the company away from the building. These may be provided for work-related ailments, illness and disability as well.
March 6, 2017 By The Law Offices of Sean M. Cleary
Most people don’t know a lot of details about their insurance. They assume all insurance is more or less the same, they get some minimum coverage and forget all about it until they need it.
Falls, slips and other accidents that lead to injury inside a store may result in a valid legal claim when confronting the business. This often depends on the reasonable accommodations taken in preventing accidents and ensuring the safety of those of the public that enter and exit the store.
The average personal injury case does not exist when it comes to compensation or negotiation. However, most of the proceedings are similar if not the same from each claim filed. These events process with stages from beginning to end that usually have the same steps.
Asbestos exposure has been proven conclusively by scientists to be deadly to individuals that are around the material. It is important that employers protect workers from these potential hazards that affect the health of those exposed to asbestos.
When questions and concerns about medical insurance arise, an insurance expert witness may be needed to strengthen the case.
March 3, 2017 By The Law Offices of Sean M. Cleary
How do you prove liability in a hit-and-run? Being injured in a hit-and-run accident is terrible because you do not know who was responsible and how to contact whoever caused your injuries. There are, however, definite steps that can be taken to ensure you get appropriate compensation for your injuries.
When a person is embroiled in a personal injury case, the discovery process provides a reasonable way for him or her to gather information. There are a number of mechanisms available to parties involved in the case.
There are many different types of accidents that may occur that lead to a personal injury case. When determining a settlement, the question that often must be considered the most is if a lawyer is necessary.
A workers’ compensation investigator may help companies determine when an employee is committing workers’ compensation fraud by conducting surveillance on the employee in question. Private investigators are often hired in this capacity to protect the business’ interests.
Wrongful death situations transpire in accidents, at work and between persons where the deceased experienced some circumstances where he or she expired due to actions of the other party.
Everyday people are injured and must go to an emergency room to seek care for their medical needs. However, in some cases, a doctor’s errors may result in causing even greater harm to a patient. When a doctor acts in a negligent manner, an injured patient may be able to pursue financial compensation for the harm caused to him or her.
Every year, elderly individuals are abused, neglected or exploited. In many cases, this abuse is inflicted by a caregiver, which may be a professional caregiver or a family caregiver. Since older individuals are more vulnerable due to possible isolation, cognitive impairment and being frail, abusers often take advantage of these characteristics to cause harm to them.
Children are harmed in school constantly in usual occurrences where the child is just running, exercising or playing with other kids. However, there are other situations where the individual young person has been injured because of negligence of the administration or due to intentional acts by another school child.
The injuries suffered by victims of police brutality may be extensive and require several medical procedures that are expensive and may not be fully covered by health insurance.
The digital world of the electronic age is rife with invasions of privacy, identity theft and various instances of crime. There are many situations where someone finds his or her picture online posted to Facebook.
Car accidents involve children often when the driver has kids under the age of eighteen. While the responsible party may not have any younger passengers, the victim may sustain injuries along with his or her youths. In certain incidents, the child is the only one to sustain physical wounds.
When one person’s negligence results in the death of another, a wrongful death lawsuit may be filed. Individuals contemplating such a lawsuit may have a number of questions regarding wrongful death lawsuits, including:
Car accidents often leave the victim with medical and therapy bills that must be paid even after insurance has been exhausted. When this occurs, the person may feel that litigation is necessary or that a claim against an insurance company is needed due to a settlement not being sufficient.
The personal injury claims process is often a long and arduous one, but with the assistance of a lawyer, the entire situation may be less complicated and more understandable. When the victim has been injured through an incident, he or she should first contact a lawyer for a consultation and discover if a case is possible, has the potential for success and is valid.
When the victim of a car accident has initiated a case for compensation, he or she may be advised that it is best to ensure there is photographic evidence to strengthen the claim.
After an accident, the victim usually must deal with an insurance agency that sends an adjuster to interview the injured party and gather all the facts and details surrounding the incident to determine how much compensation must be provide to be sufficient and avoid litigation if possible.
In the age of technology, the flying drone has become just another consumer electronic that may be purchased for personal and private use.
There are many circumstances that may result in a loss for a case long before the incident passes through the first stage of legal processes. These situations may include what is referred to as an assumption of risk.
February 27, 2017 By Power Legal Group, PC
Bicycle accidents often can result in some extremely serious injuries. At times, they can even be fatal. There are a number of injuries that can stem from a right turn accident. Head injuries are one of the most common, and the resulting brain injuries can be devastating. If driver negligence is found during a lawsuit, then the compensation for a brain injury can rightfully be substantial, usually much more than you’d get from the initial payout offer from an insurance company.
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 23, 2017 By Mark Schiffrin, PA
In almost all accident cases, it is important that measures be taken to preserve evidence, investigate the accident and enable doctors and other witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident involving a drunk driver, hire a personal injury attorney and let them handle your case.
February 23, 2017 By Eichen, Crutchlow, Zaslow & McElroy, LLP
The Jones Act governs employees who work aboard shipping vessels and are permanently assigned to those vessels. If you are injured while on board your employer’s ship, you may decide to sue your employer for negligence.
February 23, 2017 By HG.org
Injuries occur at school that leave the victims traumatized in multiple ways that could lead to long-term damage. These children could be hurt by others of their own age or someone older such as a teacher.
Instances of food poisoning tend to appear in batches with certain types of food or in specific restaurants on occasion. However, when these incidents occur, the question becomes who is to blame and what should happen next with these situations.
When the owner of a dog faces the incident where his or her pet viciously attacks and bites someone else, he or she may face the possibility of paying out damages to the victim.
Products with design flaws or defects often harm those that purchase them after normal and intended use has been initiated. Unfortunately for those that drive a vehicle with these issues, individuals may suffer injuries that may be severe or cause the loss of someone’s life.
Medical malpractice cases are complex and often take a substantial amount of time when tried. They can be expensive for both parties.
When certain circumstances occur, a waiver must be signed to proceed with a situation. These could be for employment, disclosed secrets and various other activities that require legal documentation.
There are many questions to be asked about the Jones Act and Maritime Laws. These involve seamen that may be injured in the line of duty or during usual job duties.
An increasing trend in personal injury cases involves claims that are brought forward related to a loved one acquiring bedsores. The formation of these bedsores may provide a basis in a lawsuit.
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.
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.
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
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 d'Oliveira & Associates
With alleged prior knowledge of the flawed design, DePuy still marketed these metal-on-metal implants.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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?