Personal Injury Law Articles

Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.

How Can I Find a Medical Malpractice Lawyer?

  May 2, 2016     By
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.

At What Point Do You Know You Should Hire an Attorney for an Injury?

  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.

Ohio: Should I Use My Insurance if the Other Person Was at Fault?

  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.

4 Ways Local Police Fight Against Distracted Driving

  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.

What Can I Expect to Happen in a Typical Injury Case in the State of Pennsylvania?

  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:

Do I Have a Case?

  April 26, 2016     By
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:

Evaluating the Value of a Case

  April 26, 2016     By
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.

Why Is My Lawyer Not Taking My Case

  April 26, 2016     By
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:

Why You Need Uninsured Motorist Coverage in Massachusetts

  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.

Social Media and Your Personal Injury Lawsuit

  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.

Don't Represent Yourself in a Personal Injury Case

  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?

Civil Liability for Transmitting Sexually Transmitted Diseases

  April 23, 2016     By
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.

How to Calculate Damages in a Slander Case

  April 22, 2016     By
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.

Statute of Limitations for Defective Medicines

  April 22, 2016     By
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.

What is Your Pain Worth?

  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.

New Bill Aims to Protect Nurses from Injury

  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.

How Long Do You Have to File a Lawsuit After a Car Accident in Illinois?

  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.

Obtaining Free Medical Evidence in a Personal Injury Claim in Western Australia

  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.

Further Illinois Workers' Compensation “Reform” Is Unnecessary and Would Harm Injured Workers

  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.

New Illinois Law Protects Nursing Home Residents

  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.

Tort Reform Has a Human Cost

  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.

Widow Files Wrongful Death Lawsuit Against Nursing Home

  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.

Rights of an Owner of a Recalled Vehicle

  April 17, 2016     By
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.

Spinal Cord Injuries

  April 13, 2016     By
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.

Claims that Give Rise to Medical Malpractice

  April 13, 2016     By
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.

What is Maximum Medical Improvement and How Does It Affect Your Case

  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.

Massachusetts Law on Failing to Disclose Defects of Residential Properties

  April 12, 2016     By
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.

Aggravation of a Pre-Existing Injury

  April 12, 2016     By
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.

Changes Ahead for Accident Benefits Dispute Resolution in Ontario

  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.

How to Legally Fight Businesses that Are Posting Fake Good Reviews on the Internet

  April 6, 2016     By
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.

Why Writing Fake Good Reviews to Boost Your Business May Be Illegal

  April 6, 2016     By
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.

Additional 5 Million Vehicles with Takata Airbags Recalled

  April 5, 2016     By d'Oliveira & Associates
Takata Airbags recalled an additional 5 million vehicles due to inflator malfunctions.

What You Can Do to Prevent Slipping and Falling on a Wet Surface

  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.

Time Limit to Bring a Case for Wrongful Death

  March 31, 2016     By
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.

Florida Highway Patrol Launches a Week-Long Awareness Campaign “Hit and Run, Bad to Worse”

  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.

Newly Introduced Bill Would Grant Attorneys Fees in All Indiana Wrongful Death Cases

  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.

FDA Reclassifies Transvaginal Mesh as a High Risk Device

  March 21, 2016     By d'Oliveira & Associates
Learn why the FDA had reclassified the Transvaginal Mesh patch as a high risk device.

How to Prove Negligence at a Hospital or Nursing Home

  March 21, 2016     By
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.

California Self-Driving Car Accident Robotics Lawyers

  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.

Potential Defendants in California Dog Bite Accident Cases

  July 13, 2012     By
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.

Identifying the Parties Responsible for Dog Bites

  October 25, 2012     By
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.

Determining the Cause of Dog Bites and How to Prevent Them

  October 25, 2011     By
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.

Personal Injury Claims and Their Limitations in California

  March 5, 2012     By
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.

Filing a Personal Injury Claim in Time

  May 7, 2012     By
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.

Establishing Standards for Medical Treatment

  October 29, 2008     By
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.

Severe Personal Injuries Often Result in Insurance Companies Acting in Bad Faith

  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.

5 Things You Should Do to Maximize Your Recovery in Your Car Accident Case

  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.

Construction Workers at Risk of Mesothelioma from Asbestos Exposure

  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.

Know Your Rights When You Are Being Bullied

  October 20, 2008     By
Due to the tragic consequences of bullying, a multitude of laws, programs and policies have been enacted to curtail this aggressive and damaging behavior. Even seemingly minor actions such as name calling can have lasting effects upon the psyche of those that must tolerate such ridicule from others.

Dealing with Traumatic Head Injuries

  November 30, 2011     By
Many people sustain damage to the head during accidents on the road, in the home or in attacks. These are the most standard form of injuries during accidents, and they may lead to severe trauma or death.

Keeping the Workplace Safe

  December 14, 2011     By
The aim of any employer is to have a hazard free work environment for the safety of employees. A hazardous workplace represents a greater likelihood that an accident involving employees may result.

Factors that Affect the Timing of Personal Injury Claims

  November 2, 2011     By
One of the most common questions that personal injury attorneys are asked is “How long will it take to resolve my claim?” The answer to this question varies. Cases can take different amounts of time because of a number of important factors.

Expert Witness in Personal Injury Cases

  November 3, 2011     By
Many personal injury attorneys retain the services of an expert witness. These witnesses can provide detailed information that may help prove their side of the case. However, accident victims must determine whether the additional cost of hiring an expert will be justified.

Tips for Handling Insurance Companies after an Accident

  November 17, 2011     By
When a person is injured in an accident, he or she may have to submit a claim to the relevant insurance company. Many times, this process can be long and confusing. This situation is exacerbated when the victim is trying to recover from the accident.

To Settle or Sue

  November 14, 2011     By
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.

Prohibition on the Publication of Personal Information

  March 13, 2016     By
This is the information age of electronics, data, computing and the internet. Cameras and the ability to capture photos and video are everywhere. Protecting private information is no longer an easy thing to do. This could allow one’s likeness or attributes to be used in various ways that allow others to make money. The protection of personal information, likeness and private data is covered under the law.

What Is BUI?

  March 13, 2016     By Console & Hollawell P.C.
BUI means “Boating Under the Influence.” Like driving under the influence of drugs or alcohol, operating a boat while intoxicated can be dangerous. Alcohol weakens an individual’s judgment and reaction time and impairs vision, balance, and coordination. Alcohol contributes to one-third of all boating accidents across the nation, according to the United States Coast Guards Boating Safety Division.

Signed Settlement Agreement to Resolve Durom Cup Lawsuits and Claims Announced

  March 13, 2016     By Patberg, Carmody & Ging
An overview of the Durom Cup settlement agreement.

Who Is at Fault if You Get Bit by a Dog in Idaho

  March 9, 2016     By Hansen Law Firm
Who is at fault if someone gets bit by a dog? Is it the owner of the animal? Perhaps the individual who came too close and threatened the animal? Read more here.

Stopping Distances for Commercial Vehicles

  March 9, 2016     By
Due to the potential for serious damage, the trucking industry is highly regulated. Truck drivers must follow a complete set of rules regarding the amount of miles that they can drive in a day, the number of hours a day that the truck driver can travel and when they must take breaks. The large nature of commercial vehicles makes them a potentially dangerous object on the roadways. As such, truck drivers must take their stopping distances into consideration.

Exceptions to Limited Tort in Pennsylvania Automotive Accident Cases

  March 9, 2016     By
Pennsylvania offers a number of different insurance options in addition to the mandated personal injury protection requirement. Limited tort insurance minimizes the damages that a claimant can receive, but some exceptions allow the victim to recover more damages.

What Can I Expect to Happen in a Typical Injury Case in the State of Pennsylvania?

  March 3, 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:

Jury Awards $12.5 Million in Transvaginal Mesh Trial

  March 2, 2016     By d'Oliveira & Associates
A woman was awarded by a jury for the alleged pain, suffering and corrective surgeries she endured due to her Transvaginal Mesh implant.

Newly Introduced Bill Would Grant Attorneys Fees in All Indiana Wrongful Death Cases

  March 2, 2016     By The Law Office of William W. Hurst
Two Of Indiana's Wrongful Death Statutes currently provide for attorneys fees in bringing a wrongful death claim. Senate Bill 124 would make it so that attorneys fees are provided by all three statutes.

Will My Pre-Existing Condition Prevent Me From Getting What I Deserve From the Insurance Company in Arkansas?

  March 1, 2016     By Taylor & Taylor Law Firm, PA
In Arkansas personal injury cases, pre-existing conditions do not always prevent you from recovering from the person who caused your injury.

Do I Have a Case in Arkansas Even if I Wasn’t Wearing My Seat Belt When I Was Injured?

  March 1, 2016     By Taylor & Taylor Law Firm, PA
Even if you were not wearing your seat belt when you were hit by a negligent driver, you may still be entitled to recovery for your injuries from an automobile accident.Seat Belt Safety.

What You Should Know About Semi-Truck Wreck Cases

  February 29, 2016     By Taylor & Taylor Law Firm, PA
An 18-Wheeler Against a Car, Pickup, SUV, Motorcycle, or Minivan is Not a Fair Fight. You know that, but sometimes truck drivers act like they don’t.

How to Know When You Should Hire an Attorney for an Injury?

  February 25, 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. So when is it time to hire an attorney for a personal injury claim? The answer depends on the specific circumstances of your case, but if any of the factors listed below apply, it may be time to call a lawyer.

Dog Bite Liabilities: What Should You Do if You Were Bitten by a Dog?

  February 23, 2016     By Friedl Richardson
Did you know that a dog's owner is responsible for attacks? It is not uncommon for pedestrians to be bitten by dogs in a variety of situations. A simple leisurely afternoon stroll around your neighborhood can result in a violent dog attack. When an accident like this occurs it is imperative to follow simple steps to maximize compensation.

How Is a Car Accident Handled Differently in a Fault vs. No Fault State?

  February 21, 2016     By
Car accidents happen every day. As such, states have developed their own sets of laws to handle car accident claims. How a claim is handled primarily depends on whether the accident occurs in a fault state or a no fault state.

Should Hoffman v. NLRB Affect Whether an Undocumented Immigrant Is Entitled to Future Lost Wages?

  February 18, 2016     By The Law Office of William W. Hurst
Many insurance companies are trying to apply the U.S. Supreme Court decision in Hoffman v. NLRB to say that undocumented immigrants should be unable to collect future lost wages in personal injury cases. This line of thinking is flawed however. Hoffman was a case dealing with a labor dispute regulated by statute, specifically the NLRA. The same standards should not be applied to a case based on tort law, which has an entirely different goal and purpose.

Injured in a Car Crash, Where Do I File Suit? Indiana Venue Laws

  February 12, 2016     By The Law Office of William W. Hurst
If you are injured in an accident and want to file suit against the negligent party you will need to know where your claim should be filed. Here, we describe the venue laws in Indiana to help you make that decision.

The Top Three Reasons You Need a Personal Injury Lawyer to Help in California

  February 9, 2016     By Kuzyk Law, LLP
Accidents, especially automobile collisions, happen when people least expect them. Victims often wind up short on cash, precisely when they need it to pay for medical costs and vehicle repair bills.

A New Year and New Driving Rules in Ontario

  February 3, 2016     By Aaron Waxman & Associates
Further to the Making Ontario’s Roads Safer Act, there are certain regulations that came into effect as of January 1, 2016. These rules apply to pedestrian crossovers and school crossings. These rules do not apply at all intersections.

Stop Sabotaging Your Settlement with One Simple Step

Car accidents that cause neck and back injuries happen every day. When you're the person in the wrong place at the wronge time, it can be a troublesome experience.

Law Terms: What Is Negligence?

Negligence is the failure on the part of an individual or group to act in a fashion that would reasonably prevent injury being inflicted on any other individual or group.

A Brief History of Personal Injury Law

Extreme or unexpected events occur much more frequently than most of us like to admit. Car wrecks, workplace injuries, or even major trucking crashes occur every day. It is often the case that these tragedies – though unexpected – could have been prevented if someone had been more diligent by putting their phone down while driving, by promptly addressing a workplace safety issue, or by performing their required duties.

Wearable Technology and Personal Injury Cases: Evidence and Ethics

Wearable technology has gone from calculator watch to Apple Watch in the last few decades. Now we can tweet from our T-shirts, view the world through Google Glass, and keep track of our health and habits second by second with a Fitbit – and these wearable tech trends are only predicted to continue growing and advancing.

Lawsuits Pending after Volkswagen Officials Cheat EPA Emissions Tests

For years, the American public has bought Volkswagens in large part due to their excellent fuel efficiency, low emissions, and environmental friendliness. Unfortunately, not only do these vehicles emit higher amounts of pollutants, but they actually expel volumes of nitrogen oxides more than 40 times greater than allowable limits in the United States.

Can a Pedestrian in Ontario be Liable for being Injured in an Auto Accident?

Did you know that in our province in 2013, more than 4000 pedestrians were injured in road accidents? Tragically, 91 of those pedestrians lost their lives in these accidents. Unfortunately, as long as there are vehicles on the road, there will always be a danger to pedestrians. But is a driver always liable for causing injuries? Is a pedestrian always cleared of fault?

The Do's and Don’ts of Independent Medical Examinations (IME) in Canada

If you have been injured and advance an insurance claim, there is a good chance that your insurer will ask you to attend a medical examination with a doctor or specialist of their choosing. These exams are known as IMEs (Independent Medical Examinations).

What Makes an Injury “Catastrophic”?

A term that is often heard in the context of auto accidents, insurance, and lawsuits is “catastrophic injury”. As you’d imagine, a catastrophic injury is very serious, but there’s an actual definition in Ontario legislation, found in section 3 (2) of the Statutory Accident Benefits Schedule – Effective September 1, 2010, which is a regulation under the Insurance Act.

General Damages for Pain and Suffering: What is the Maximum You Can be Awarded in Canada?

If you are badly injured, you may wish to file a lawsuit with the goal of getting financial compensation for your pain, suffering and other expenses you now have as a result of your injury.

Nerve Damage Lawsuits Filed against Makers of Levaquin and Other FQ Antibiotic Drugs

The FDA has warned that patients taking antibiotic drugs known as fluoroquinolones (or FQ antibiotics) may be at risk of developing a serious type of nerve damage known as peripheral neuropathy. Patients taking FQ antibiotics such as Levaquin, Cipro, Avelox, Noroxin, Floxin, and Factive may be at risk of developing serious and potentially permanent nerve damage in the extremities.

Are Attorney’s Fees Provided in the Indiana General Wrongful Death Statute?

Recently, the Indiana Supreme Court handed down a decision on whether Indiana's General Wrongful Death Statute provides for attorneys fees. Here, we break down the Supreme Court's analysis.

Whose Insurance Pays after a Texas Car Accident?

If you are in a car accident in Texas, the degree of fault plays an important role in determining whose insurance pays for your damages. If you were at fault, you can file a claim with your own insurance, and if another driver was at fault, you should be able to file a claim with his insurance. For crashes with uninsured drivers or hit and run accidents, insurance claims can get much more complicated.

Legal Responsibility for Defects in Construction

People around the world enter and inhabit residential and commercial buildings every day.

Failure to Warn in Product Liability Cases

When a consumer uses a product that causes them harm or injury, the manufacturer, retailer or distributor of that product can be held liable if they failed to warn the consumer of the potential for injury.

Structural Collapse Accidents

In the city of Philadelphia, the Department of Licenses and Inspections (L&I) regulates construction and demolition projects to maintain the safety of workers and the public.

Hospital Falls

Slips, trips and fall accidents can cause serious injury. Head trauma, cuts, lacerations, broken bones and internal injuries can result when victims fall down a stairway, slip on ice or wet surfaces, or trip over a loose carpet edge.

How Is Fault Determined in a Car Accident?

Determining which party is at fault for an accident is a critical step in the process of filing an insurance claim or a personal injury lawsuit. The determination of fault has a direct connection with the outcome of a claim and case. Parties may disagree as to who was at fault for the accident, but some of the following principles may apply.

Can Injured Passengers Sue?

When a person is injured while a passenger in a vehicle, he or she may be entitled to monetary compensation for the damages that he or she sustained. The ability to recover and the amount of recovery is based on a number of factors.

Liability for Malpractice in Emergency Rooms

One of the most challenging positions in the medical profession is that of an emergency room physician.

Lawsuit Claims Popular Hair Care Product Causes Hair Loss

More than 200 consumers across 40 states have joined together to file a class action lawsuit against the maker of a popular hair care brand. They are claiming WEN Hair Care products caused them to suffer extreme hair loss and damage to their scalps.

Avoid these Mistakes when Reporting a Work-Related Injury

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.

Psychiatric Care and Patient Harm

Most Americans know that when a physician breaches his or her duty of care to a patient, thereby causing harm, the physician can be held liable in a court of law for medical malpractice.

How is Contributory and Comparative Negligence Handled in a Car Accident Case?

The legal terms of contributory negligence or comparative negligence can have a significant impact on the victim’s ability to recover for an accident. These terms can completely eliminate or reduce the amount of compensation available to the victim.

E-Cigarette Lawsuit for Lack of Cancer Warning

New E-cigarette lawsuits are being filed, all claiming that manufacturers are intentionally not warning consumers of dangerous ingredients found in their products.

California’s Anti-SLAPP Laws Increase Risk when Suing Based on Consumer Complaints

California anti-SLAPP laws are are designed to protect the public right to petition and free speech in matters of public interest and concern, including in connection with lawsuits, legislation, in public forums and discussions, and generally in matters of public interest. Where anti-SLAPP law applies, however, it can spell disaster for a plaintiff who is found to have filed a contravening lawsuit as illustrated by the example below.

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