Personal Injury Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Personal Injury.
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.
We discuss the possibilities and ramifications of a child bringing up a parent's wrongful death suit. One of the main questions posed is the possibility that adult children can win in wrongful death lawsuits? They are harder but they are possible. There are different options and different routes to take when considering a parent's wrongful death suit.
If you were injured in a personal injury accident, you are probably swimming in a sea of questions. What do I do next? Should I file a legal claim? Can I recover compensation? The first step in getting those questions answered – and possibly recovering money damages – is to meet with a personal injury lawyer.
A variety of factors contribute to truck accidents. Some stem from negligence of a driver (the trucker or another driver), such as speeding or fatigue. Others are the result of faulty or defective equipment, such as tires or brakes. Improper loading is another cause; for instance, cargo that’s unbalanced or not secured.
Be absolutely free from the driving rules - is the most popular "law" in the Egypt for car holders. There are probably only women drive carefully but that fact doesn't decrease the count of accidents with people on the streets. Car accident may happen with anyone in any country. Here an a real example of financial fraud according to the car troubles.
Injured employees, including those with hearing loss, are entitled to benefits under workers' compensation.
Medical malpractice and personal injury attorneys practicing in Rhode Island should be aware of a recent state Supreme Court decision that is helpful for our state’s consumers.
According to a new study, the five leading causes of death in the United States are heart disease, cancer, chronic lower respiratory diseases, stroke, and unintentional injuries. On each of those causes of death, the study found that 20 percent to 40 percent could have been prevented.
Testosterone lawsuits continue to mount against the makers of various testosterone supplements, but one testosterone manufacturer is asking to be excluded from the fray.
According to a new report from the Consumer Product Safety Commission, in 2011, 74,100 children younger than 5 suffered from a baby product injury that required a trip to the emergency department.
Each year, more than 4,000 workers die from workplace accidents, and an additional 50,000 die from occupational diseases, which averages to 150 worker deaths every day in this country, according to Jessica Martinez, deputy director of NCOSH.
Construction workers are particularly susceptible to ladder injuries, making up an estimated 81% of fall injuries treated in emergency departments throughout the country.
The New York State Workers' Compensation Law is designed to protect injured workers. Employers are required to have insurance coverage or risk significant and severe penalties. In addition, one could argue that the law provides an equal benefit to employers by preventing a direct lawsuit by employees. In spite of this, a general perception persists among some injured workers that claims should be avoided for fear of retaliation.
The tragic, choking death of a child has brought to light questions of product safety for window blind manufacturers.
If you live or work in West Texas, be extra cautious while using the roads. Traffic fatalities continue to be a problem in the oil-rich Permian Basin, according to recent reports.
Recent studies reveal that a logger is the most dangerous job in America as it has the highest fatality rate. However, it has been my experience as a New York State workers' compensation practitioner that the highest injury rates can be found in the medical profession, a contention which now seems supported by a recent study.
Deadly FedEx Truck Crash Shows Need For A Strong Civil Justice System Despite Lobbyists Push For Tort Reform
As families of those killed in the crash between a bus and a FedEx truck on April 10th begin to look for justice in this terrible crash, lawyers from all stakeholders take note of the NTSB report.
Words like negligence, torts, and personal injury are often tossed around after an accident or injury, but many people are confused about what these words actually mean and, more importantly, how these words impact liability or the ability to collect money damages.
Most workplace deaths in this country may be preventable, according to a new report from the National Council for Occupational Safety and Health (NCOSH). More than 4,000 workers die every year from workplace accidents, and an additional 50,000 die annually from occupational diseases, which averages to 150 worker deaths every day in this country, according to Jessica Martinez, deputy director of NCOSH.
There is never a shortage of issues to discuss in the world of personal injury, and April 2014 has been no exception. Current topics include mammography and its coverage by the media, dysfunction in healthcare, schools near dangerous chemical facilities, and a potentially record-breaking rate of car recalls this year.
Millions of people are injured or killed in personal injury accidents every year. When an injury or death is caused by negligence, the victim (or the victim’s family) may be able to recover compensation from the negligent party. But in order to obtain financial recovery, the plaintiff must prove two things in a personal injury lawsuit: (1) liability and (2) damages.
Consumers should be aware of the rising popularity of ride sharing companies and their potential effect on insurance coverage after a car accident.
Has the medication which is designed to help bone growth been linked to bone disease?
Some used to call aging a normal process. Today's marketing gurus seem to call it a disease... for which they, fortunately, have a cure... or do they?
At least the commonly used anticoagulant, Warfarin, could be reversed when needed, can the same be said of the new generation of anticoagulants?
An insight for the unfortunate whose relatives were traveling on MH370.
Testosterone lawsuits continue to rise, with new lawsuits filed against the manufacturers of Testim and AndroGel earlier this month. Just a few years ago testosterone was hyped as some kind of miracle drug for men, but new evidence has come to light indicating at testosterone is linked to increased stroke and heart attack risk and a number of other serious side effects.
Millions of people are injured or killed in personal injury accidents every year. Personal injury claims fall under the umbrella legal discipline of tort law, which establishes liability for negligent or intentional misconduct that result in injuries, deaths, or damages.
The dangers of e-cigarettes exposed by a new study showing e-cigarettes can cause cancer and the realization that many of the “safe” flavorings added can be toxic or have not been tested as an inhalant add up to one conclusion – they are simply not safe.
Large, citywide festivals can bring communities together, boost the economy by attracting tourists, and help define the character of the region. However, there’s also a dark side to these large-scale events: more people are drinking and deciding to drive once they leave the celebration. Drunk driving is wrong under any circumstances, but it’s especially dangerous when the intoxicated driver may not be familiar with the city and is driving through an area with crowds of cyclists and pedestrians.
It may be tempting to tell everyone about the tragedy of your injuries on your Facebook account, but discussion of your car accident claim on social media could ruin your settlement. Before you tweet about your recovery progress or the severity of your injuries, take time to think about what the insurance company might think if an adjuster reads your social media posts.
Truck underride accidents, those accidents that happen when a vehicle collides with a truck and slides underneath it, kill hundreds of people each year. While there are certain safety mechanisms in place to prevent underride accidents, data shows that they are often ineffective.
Testosterone has been linked to a number of serious side effects, including stroke and heart attack, and now a new study has found that the use of testosterone in certain men may have a negative impact on the brain.
Unfortunately, some industries do not necessarily have accurate reporting mechanisms on work-related injuries and illness, which make it more difficult for regulators and lawmakers to identify and address occupational health problems.
Workers who are exposed to high levels of noise while on the job may be at risk of developing hearing loss and other occupational hazard injuries. Not only are these workers at a higher risk of hearing loss injuries, but a new Canadian study from the Institut National de Santé Publique shows that workers with noise-induced hearing loss may also be at a higher risk of other injuries in the workplace.
Motorcycle safety begins with you, the rider. While you can't always account for others’ negligence, you can take some steps to improve your own personal safety and reduce the risk injury in a serious or fatal crash.
General Motors has recently come under fire for its spate of auto recalls. Just last week it announced that it is recalling 1.5 million vehicles worldwide due to a defect with the cars’ electronic power-steering assist, which can suddenly stop working and make the car harder to steer. This most recent recall brings the total vehicles GM has recalled since February up to a staggering 6.3 million vehicles.
In an effort to reduce the amount of backover fatalities and injuries, all new cars will be required to have rear visibility technology by May 2018. According to the National Highway Transportation Safety Administration (NHTSA), the required rear visibility systems must expand the field of vision to include a 10-foot by 20-foot zone directly behind the vehicle, as well as meet other requirements regarding image size, linger time, response time, durability, and deactivation.
Testosterone lawsuits continue to mount against the makers of various testosterone supplements, and a Judicial Executive Committee was recently created to centralize at least 30 of those lawsuits which allege that testosterone caused heart attacks, strokes, and other injuries. The consolidated cases are pending before U.S. District Judge Matthew F. Kennelly in the Northern District of Illinois.
Back injuries, such as a herniated disc, sprain, or fractured vertebrae, continue to be one of the most common work-related injuries. In the workplace, back injuries can occur when lifting or carrying heavy objects, or due to repetitive motions.
If you have been injured in an accident and need an accident attorney, you will have no trouble finding one. Personal injury lawyers are a dime a dozen. The difficulty will be in finding a good one. The more seriously injured you were, the more is at stake. It’s important to do your homework when choosing which attorney to hire.
Slip and fall accidents are one of the quintessential personal injury claims. While many people think of the so-called 'banana peel' case when they think of a slip and fall accident, slip and fall liability – or premises liability – actually applies to a number of different situations.
Talc-based powders are used by many women as part of their personal hygiene routine and many parents use baby powder on their infants to prevent diaper rash. Despite the popularity of talc-based products, however, they present many dangers to women and children.
You could be forgiven for thinking messing around with health care coverage rules was the sole domain of democrats these days, but the new laws which will deeply interfere with the choices a doctor will make and options available for the seriously injured have sprung from the minds of two republican lawmakers.
Every car accident claim needs a strong foundation of evidence to establish fault for the crash and show the extent of the damages you or your loved one suffered. There are many types of evidence to collect and there’s really no such thing as “too much evidence” as long as it contributes positive, relevant information to your claim.
Testosterone lawsuits are being filed across the United States against drug manufacturers like Eli Lilly and Watson Pharmaceuticals who make prescription testosterone. Men claim to have suffered heart attacks, strokes, and pulmonary embolisms after taking prescription testosterone drugs.
While blood pressure medications may help prevent certain medical conditions, they can also put elderly persons at risk of other injuries. For instance, a new study revealed that older people who take blood pressure medications may be more susceptible to fall injuries than elderly persons who are not taking blood pressure medication.
Auto accidents – whether relatively minor or serious – can be scary, confusing, and debilitating. It can be difficult to know what to do if you were injured in an auto accident, and you may be confused about how to get financial recovery for your injuries and damages.
Workplace accidents and injuries can happen in any job and in any industry. But just like there are some jobs and industries are more prone to workplace accidents, certain work-related injuries occur more often than others.
Information on Stryker hip implant recalls and asserting claims in Oregon.
Facts and information about commercial truck accidents and legal claims.
In light of recent data indicating that testosterone is dangerous for many men, Public Citizen – a public advocacy group – is calling on the U.S. Food and Drug Administration (FDA) to require black box warnings about heart attack and stroke risks to be included on the labels of testosterone products.
Many women use talc-based body power as part of their personal hygiene routine, and they may be putting their health at risk as a result. In a recent study, researchers examined data collected from eight separate studies and found that women who regularly use talcum powder in the genital region increase their risk of ovarian cancer by 24 percent.
By LPA Law Firm
Law No. 8561, dated 22.12.1999, “On Expropriations and Temporary Posession of Private Property for a Public Interest” regulates the right of the state to expropriate or take for temporary use of a public interest the properties of physical persons or legal entities, as well as the protection of the rights and interests of the respective owners.
Famed 19th century philosopher John Stuart Mill once wrote, “A person may cause evil to others not only by his actions but by his inaction, and in either case he is justly accountable to them for the injury.” More than a century later, this simple statement rings as true as it did when first penned.
Everyone makes mistakes. No matter how confident someone is in their abilities, they are only human. Sadly, this applies to doctors just like everyone else.
Accident and injury victims often wonder about their legal rights after an accident. Depending on the circumstances of the accident, the defendant(s) may be liable for money damages in either a personal injury or wrongful death lawsuit. Clients often have a number of questions about the differences between a personal injury lawsuit and a wrongful death lawsuit, and this article explains some of the major similarities and differences.
According to Forbes, some of the jobs that are commonly thought of as dangerous actually result in the fewest fatalities. For instance, firefighting and tractor operation are safer jobs than being a car mechanic.
Marijuana alters a person’s ability to perform certain functions, including operating a motor vehicle. According to a new study, fatal car crashes involving marijuana have tripled during the past decade, which may be responsible for the increase in impaired driving accidents in recent years.
Last weekend much of the United States, “sprang forward” as we moved our clocks ahead one hour. While daylight savings time has long been considered a modern rite of passage for the changing seasons, some experts point out that the time change puts our health at risk and increases the risk of accidents and injuries – particularly auto accidents and heart attacks.
The guidance of the Cyprus Supreme Court in the assessment of damages in accident claims has traditionally been founded on certain principles.
The high rate of accidents and injuries on communication towers is “unacceptable,” according to Occupational Safety and Health Administration (OSHA) administrator David Michaels. Michaels issued his remarks at the National Association of Tower Erectors’ conference, which took place February 24-27, and he stressed the need for proper safety precautions related to communication towers.
Pursuant to its annual inspection plan under the Site-Specific Targeting program, OSHA plans to direct enforcement resources to those workplaces that have the highest rates of injuries and illnesses.
The Nevada State Athletic Commission (NSAC) has banned testosterone-replacement therapy from combat sports, including boxing and mixed martial arts. The decision was made based on evidence that testosterone unnaturally increases the athlete’s competitive abilities and that it is not a necessary medical treatment for many of its users.
Personal injury and workers' compensation lawyers have been discussing several important topics in the last few weeks, including the safety of surgical robots, the inadequacy of temp worker laws, employer abuse of the workers' compensation system, and the idea that doctors seek locations with lax regulations on professional liablility. This article is a brief summary of four separate articles detailing those topics.
The cosmetic and personal hygiene industry is a multi-billion dollar industry. The United States cosmetic industry alone is the largest in the world, with total revenue in excess of $54 billion. Unfortunately, not all cosmetic and personal care products are safe for use and some are even linked to serious medical conditions – yet they remain on store shelves. Some of the most dangerous personal care products on the market today are talc-based products.
Talc is used in a number of cosmetic and personal hygiene products, such as baby powder and feminine body powders. But new evidence and a recent lawsuit suggested that, despite its widespread use, talcum powder could be incredibly dangerous.
Talcum powder – which is commonly referred to as baby powder or body powder – is a widespread cosmetic and personal hygiene product that has a number of uses. Talcum powder is made from a soft mineral called hydrous magnesium silicate, which is crushed, dried, and then milled. Talcum powder works by absorbing moisture and reducing friction, thereby protecting the skin.
While cities and states should obviously work to improve signs and barriers around any areas that have been a problem site for wrong way accidents, it seems clear that the best way to stop wrong way accidents is to stop drunk driving.
Drunk Driving accidents are continuing to occur. What you may not know is that you can be held criminally liable for a death even if you are not physically at the scene of the crime.