Personal Injury Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.
You may have heard the term “no win no fee” when you were discussing injury lawyers, workers’ compensation lawyers or disability lawyers. The “no win no fee” representation is most commonly found in people who have open personal injury cases. You may be wondering how much such lawyers charge for their services.
The safety of children is paramount when traveling in any vehicle. The number one reason children under eighteen lose their lives is due to traffic collisions. With the right steps, many of these deaths can be avoided. The steps drivers take may assist both the children and themselves.
Entire vehicles and specific auto parts are recalled often due to defects. Some sources state vehicle recalls happen almost every single day. Information regarding vehicle defects is often available and sometimes mailed to owners of the recalled vehicles. Despite this information, many owners and operators of these vehicles fail to repair the defect or avoid the recall entirely.
When a person suffers an injury because of a prescription drug, questions regarding liability can arise. Courts must grapple with the concern over which manufacturer should be held liable.
When police suspect criminal activity is afoot, a police pursuit may give rise. While the law enforcement officer is attempting to capture a criminal, sometimes innocent people wind up injured because of such pursuits. When this occurs, questions arise as to the liability of the parties involved.
Individuals who are injured at work typically file a workers’ compensation claim if they want the employer to take financial responsibility for the injury. While an employee does not have to show that the employer was negligent and caused the accident, evidence of this characteristic can have legal significance.
Personal injury claims are often based on the negligent acts of individuals and how these led someone to be injured as a result of a car accident, slip and fall or medical mistake. The physical effects of such accidents can be devastating. However, many such accidents often result in significant psychological injuries.
In the quest to be thin in lives that are already full to capacity, many individuals look for ways to shed pounds quickly. Diets, protein shakes, working out, supplements and programs are a few options. Consumers are constantly bombarded with messages that show that thin is an attractive quality.
House Bill No. 1048 will add a section to the Indiana Code that makes it illegal for vehicles involved in an accident to remain on the road. As of July 1, 2016, crashed vehicles will be required to move off the road as quickly as possible.
Breast cancer is a great concern to many, and it incessantly plagues individuals in the United States along with the entire healthcare system. Diagnosing breast cancer may be a difficult process based on the related issues in the same area.
Technological advancements have paved the way for genetics-based treatment for the medical world. It has been hailed as the future of medicine that can lead the nation into a more technologically-inclined world. With a fully explored genome, medical treatment can be a customized experience.
Johnson & Johnson must now pay $55 million in damages to victim who claims the company’s talcum powder caused her ovarian cancer.
American vehicle purchases tend to sway back and forth between large vehicles to compact vehicles. Consumers are also fascinated with using ATVs as recreational items for personal and family use.
Insys, the company behind the fentanyl sublingual spray Subsys, and former employees at the company face investigations and criminal charges regarding the marketing of Subsys to doctors and patients. The Subsys fentanyl spray, which is used to deliver the powerful opioid to patients, has earned billions of dollars for the company.
Many teens and young adults report drinking even when they have not reached the legal age limit of 21. If a teen consumes alcohol and then causes injury to another, other individuals may bear responsibility for the actions that followed consumption.
Automotive crashes continue to be one of the main reasons for American deaths. After seeing a decline in traffic fatalities for many years, 2015 saw an uptick in accidents. Many factors contributed to a higher number of accidents.
By Kaass Law
Insurance company may use Colossus to determine how much to pay you for your personal injury claims. What type of information do insurance companies input into Colossus? Spine Treatment, Medical Aids, Neck Collars – Different types of neck collars are treated differently, Treatment Gaps, Pre-existing Condition, Degree of aggravation, Future Medical Bills, Hospital Treatment, Pain, Depression, Anxiety, and other information.
Pancreatic cancer begins in the pancreas. Generally these cancers are exocrine gland tumors. Exocrine glands comprise perspiration, saliva, mammary, sebaceous and mucous.
Many insurance policies are drafted with confusing and technical terms that appear in denial letters. This is why it is important to hire a lawyer who practices disability law and can help you understand the meaning of these terms and why your claim was denied, and of course, represent your best interests.
Accidents involving multiple vehicles happen each day in various states, and it only takes a moment to cause irreparable damage. Numerous factors play into the root cause of these collisions and the determination of liability.
Whether going out to eat or eating at home, many individuals are harmed by different types of food. Safety may not be the first thought for many that handle food products, but negligence of food safety is a leading cause of illness and ailments from edible products.
Many gyms offer participants the ability to become members. Membership usually entails documentation that explains the use and rights of those within the gym. Likewise, individuals who are not members may still sign documentation or otherwise accept certain terms and conditions of using the facility.
While some sports are inherently dangerous, some individuals sustain injuries due to the negligence of others. Legal liability may exist when a person is injured while playing a sport, but complex rules may apply.
Restaurants may be dangerous places for both workers and customers. Accidents happen in the kitchen often, but mishaps may occur in the dining area as well. Various factors may cause these incidences, but many of the circumstances are preventable.
Every day, people are subjected to certain hazards while commuting to and from home, work, school and other locations. These hazards exist on the roadways as well as through other forms of transportation.
A civil case is a claim that typically deals with contracts or business matters. Torts are usually negligent acts that end in damage or harm. Civil cases may occur through the intentional or negligent actions of others. For most civil cases, the remedy is money damages.
California's so-called right to die law went into effect June 9th, and its potential ramifications have been hotly debated between proponents of physician assisted death and disability advocates. Notably, the Disability Rights Education and Defense Fund, a group that seeks to ensure legal help for disabled people, has released an in-depth statement expressing vehement opposition to the new law .
Every year, millions of individuals sustain injuries or are injured in personal injury accidents, including car accidents, medical malpractice cases, dog bite cases and premises liability cases. When negligence causes another person to sustain an injury or to be killed, the victim or his or her family may be able to recover compensation for the damages that the victim sustained.
While many dogs are friendly and loyal companions, some dogs act ferociously and cause injury or even death. When a dog attacks a person, a careful assessment of the situation can help determine whether liability lies in another person or entity.
Many of the lawsuits filed in the United States are based on accidents and conduct that resulted in injury. These lawsuits are personal injury claims that seek compensation for the injuries that victims sustain. Before pursuing a legal claim of this nature, it is helpful for victims to have a thorough understanding of these claims.
In any given jurisdiction, there are many lawyers from which to choose. Personal injury lawyers are lawyers who represent clients who were injured in an accident or through intentional conduct. They often represent car accident victims, but they may also work on cases involving medical malpractice, semi truck accidents, animal attacks and injuries caused by defective products.
Many consumers are influenced to purchase a product because a guaranty is offered on the product. This guaranty instills confidence in the consumer. However, when a manufacturer does not comply with the terms of the guaranty, legal issues may arise.
Surgery runs the general risk of ending a patient’s life through several factors that are minimized through regulations and guidelines. Healthcare professionals are tasked with taking precautions and ensure a sterile environment for all patients. When a mother is due to deliver a child, surgery may run higher risks than natural birth.
Many accidents involving vehicles are the fault of a driver or specific factors dealing with passengers, behavior, other drivers or conditions caused by drivers. In other instances, road issues may cause collision or accident on its own.
Many accidents occur through defects, negligence and accidental circumstances. While this holds true with most collisions or crashes, there are some factors that increase the rate of injury or damage on the road. These factors are characteristics of individuals that may increase the possibility of an accident or those that are likely to be distracted while driving.
Subrogation is the replacement of a person or group of people by another in respect of a duty or coverage claim, supplemented by the allocation of any supplementary rights and duties. In application, this allows insurance companies to direct claims liability to other parties.
Car accidents have been one of the leading causes of death during the last decade. Though the number of deaths has varied each year, the number of individuals who have lost their lives has been high in the United States. Damages and injuries cost billions in medical bills, medication, treatment and surgeries every year.
While the Board of a Homeowner Association (HOA) in California has wide discretion to act on behalf of its members through its architectural, landscape and other committees and to either fine you, send you a violation notice or require you to take actions which may be expensive, you have options to fight an unjust arbitrary, capricious, discriminatory or illegal action, most of which will not even require the assistance of an attorney and you can win.
Many of us work desk jobs, getting up only a few times throughout the day to walk to a colleague’s office or cubicle.
The estimated 130 million construction workers on jobsites across the U.S. face a potentially dangerous work environment on a daily basis. OSHA (Occupational Safety and Health Administration) cites there are approximately 150,000 construction accident injuries every year, with 5,000 of those injuries being fatal.
When you are injured on the job, you are entitled to file a Workers’ Compensation claim to seek monetary compensation for your lost wages while you are out of work to recover.
According to the National Safety Council (NSC), an American worker is injured every seven seconds, with 12,900 workers per day, and 4.7 million a year. As though this rate weren’t alarming enough, this number is projected to grow as 160,000 workers, many of whom were younger, took jobs in April of 2016. While it is reassuring that jobs are opening up after the economic recession, an emphasis on workplace safety is imperative.
According to the U.S. Bureau of Labor Statistics, farmers and others who work in the agricultural industry are among the top ten types of workers most at risk for being killed in a work-related accident.
Last month, a 42-year-old worker at a Waste Management recycling plant in Holmesburg, Pennsylvania was killed when a bale of paper fell on him during a routine inspection of his forklift.
The Liberty Mutual Workplace Safety Index identifies critical risk areas in the workplace to help businesses better allocate their safety resources.
Wrist tendonitis occurs when repetitive motion or overuse causes the tendons in the wrist to become inflamed.
Approximately one in 100 employees in America file for Workers’ Compensation benefits each year.
Most people will agree that getting injured or ill on the job can be a physically and emotionally painful experience that often causes employees to miss days, weeks or in some cases, months of work.
The Food and Drug Administration has warned that patients who are implanted with IVC filters sold by Cook Medical, C.R. Bard, and other medical device manufacturers may be at risk of serious and potentially fatal side effects. Dozens of lawsuits filed by patients who suffered complications from IVC blood clot filters have been filed against these companies.
While workplace injuries are typically imagined in occupations where heavy machinery is used or people are working from high heights, office workers often suffer workplace injuries that affect their daily life, ranging from minor to severe. Whether an injury leads to temporary lost work or has a permanent, life-altering effect on the rest of your life, it is imperative to seek damages and compensation as soon as possible to ensure the best outcome for your case.
One of the most common types of accidents that results in a personal injury is a slip and fall. These injuries generate a great deal of claims for insurance or litigation.
Many companies use photos of people when selling their brand or product. Often times, these photos are of models or professional actors. In some cases, businesses may use photos of private parties rather than expert models.
Restaurants often have many hazards that cause work-related injury to many workers each year. By learning about the potential risks in the restaurant industry, employers and employees can take steps to make the workplace safer and prevent injuries.
Thousands of travelers are injured in traffic accidents each year. Though the amount of injuries fluctuates from year to year, the problem is still an issue. Many passengers are harmed along with the driver, but in some instances only the passenger is the one with wounds.
Being paid cash is only one fact to look at to determine if you are an independent contractor or employee for Kentucky workers' compensation.
Thousands of consumers have recently been making complaints concerning the sub-par durability of La-Z-Boy leather furniture.
Memorial Day has become the unofficial start to summer in the United States, and with it comes an increased risk of car accidents involving drunk drivers.
Often, physicians that make errors and harm their patients do not apologize because they either don’t want to tip a patient off to their medical mistake, or don’t want to admit fault.
Well-known storage unit company, PODS, is facing criticism over their handling of a damaged property claim. A woman in Phoenix, AZ rented a storage unit while renovating her home, but her belongings were damaged when a hole let water into the unit.
A man left in a wheelchair in the sun at a Florida nursing home passed away after suffering second-degree burns, blistering, and symptoms of dehydration, leading to an investigation of the home.
In an effort to better regulate and document performance and safety of medical devices in the country, the U.S. Food and Drug Administration (FDA) is working toward fulfilling its goal of total compliance with its Unique Device Identifiers (UDI) system by the year 2020.
In an effort to prevent truck accidents by increasing visibility, Samsung has developed a “safety truck” that has a wireless camera mounted on the grill at the front of the truck.
Rear underride guards on the backs of trucks are installed to prevent cars from becoming wedged underneath tractor trailers in the event of a rear-end collision.
According to the American Medical Association, medical negligence is the third highest cause of death in the United States, behind cancer and heart disease.
One of the most recent lawsuits filed against GlaxoSmithKline (GSK) regarding its drug Zofran alleges that GSK engaged in wrongful conduct and fraudulent misrepresentation, directly resulting in a child being born with severe congenital heart defects.
When workers are injured on the job, their usual course of recourse is to file a claim for workers’ compensation benefits. However, there are several scenarios that may arise that provide a basis for a civil lawsuit against an employer.
A sterilization implant is facing harsh criticism for allegedly causing numerous complications. Essure is a device that is inserted into the fallopian tubes for permanent sterilization.
A class action lawsuit has been filed against BMW of North America, alleging that their hands-free remote locking feature is defective.
Johnson & Johnson sought review of a Massachusetts jury decision that awarded $140 million dollars in a lawsuit alleging that it failed to warn consumers that Children’s Motrin could cause a life threatening skin condition. On January 19, 2016, the U.S. Supreme Court declined to hear the appeal.
Many products come with a warranty, which guarantees that the product’s quality will meet a certain standard.
Each year the U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA) compiles and releases crash data, and New Jersey car accident lawyers say the preliminary results for 2015 are cause for alarm.
Too much of a good thing is proving to be detrimental for Hyundai as it faces a class action lawsuit over spontaneous shattering of the panoramic sunroofs in some of their vehicles.
According to statistics released by the National Highway Traffic Safety Administration (NHTSA), inattentive drivers in New Jersey are responsible for the majority of fatal car accidents in the Garden State.
New Jersey car insurance is essential to protecting you and your loved ones in the event of a car accident. Insurance policies can cover damage to your vehicle, individual medical injuries to you and your passengers and even damages to the other vehicles and individuals involved in the accident, if you are determined to be at fault.
Slip and fall accidents are among the most common causes of workplace injuries and fatalities. In fact, the Occupational Safety and Health Administration (OSHA) reports that slip and fall accidents are responsible for 15 percent of all work-related fatalities in the United States.
Pedestrians are at a much greater risk of being seriously injured or killed when struck by a vehicle compared to passengers in a vehicle because there is nothing physically protecting them from the impact.
While every workplace poses a certain degree of risk, some industries are more inherently dangerous than others. Such is the case with the construction industry.
One of the types of damages that personal injury victims may be able to receive compensation for is pain and suffering. It is important for plaintiffs to understand what is considered “pain and suffering” in the court that has jurisdiction of the case.
Many motor vehicle accidents are caused by impaired drivers. While many of these are attributed to drivers under the influence of alcohol, many others are due to drug impairment.
The moments after a car accident can be extremely confusing. They may lead individuals involved in car accidents to make some mistakes that can affect their legal claim, including:
By Cantor Crane
According to the Association for Safe International Road Travel, there are more than 37,000 deaths each year due to automobile accidents. Additionally, there are 2.35 million people who are either seriously injured or disabled in car crashes. The unfortunate issue is that at times, injuries are not instant. Instead, injuries can take time before they are noticed. For example, being rear-ended by a drunk driver. You might not have back pain for the first week but start to notice severe pain.
Truck drivers occupy a safety-sensitive position. They operate vehicles that are very heavy and dangerous when involved in an accident. Sometimes they also carry goods that can be dangerous in the event of an accident.
In some car accident cases, the liable party is not either driver. In some cases, the liability lies with the manufacturer that put a dangerous vehicle on the roadway. In these cases, the plaintiff must be able to show why the manufacturer should be held responsible for the accident.
Given the potential dangerousness of driving a large vehicle in an impaired state, laws have been established to help prevent drugged driving. Truck drivers are subject to a number of state and federal regulations, including the requirement to be drug tested.
Truck drivers and the companies for whom they work must follow stringent guidelines regarding the hours that they can work. Violating these rules can subject the truck driver and trucking company to fines and potential civil liability.
By Cantor Crane
Across the US, dental malpractice cases happen much more frequently than you might expect. It might not sound to be such a big issue, but on the contrary, mistakes made by a dentist can have long-term affects. These affects can be associated with cosmetic deformities, excessive pain, disease misdiagnosis and in rare cases even lead to death.
As drivers, we can control how well we drive, making sure to obey speed limits and other traffic laws, and keeping our vehicle well-maintained at all times. But when poor road conditions like missing guardrails, potholes and poorly designed roads are the cause of a car accident, the question arises as to who should be held liable.
Tree care is a high-hazard industry that provides services such as pruning, tree and stump removal, cabling and bracing, storm cleanup and lightning protection.
If you are injured in a workplace accident, you expect your employer’s Workers’ Compensation insurance to cover your injury-related medical expenses and a portion of your lost wages while you recover.
Medical malpractice often involves more than a treating doctor and a patient. Instead, many individuals may contribute or detract from a patient’s care, including lab technicians, pharmacists, assistants and nurses. When factors affect support staff, a critical error may be made in a patient’s treatment.
A person who suffers an injury in any type of accident can often feel overwhelmed.
When a family makes the difficult decision to move a loved one into a nursing home, they expect that the loved one will be treated properly. Unfortunately, nursing home neglect abuse affects millions of people every year.
For the second time in two years, the Maryland General Assembly will hear arguments in favor of creating a no-fault birth injury fund to help cover the costs of medical care for babies born with brain injuries.
Medication errors are a common and serious problem throughout the United States healthcare system.
Nissan Motor Co has announced a major recall of its 2013-2015 Altima midsize cars to address potentially faulty hood latches.
The U.S. Department of Labor recently issued a $7,000 fine to mega online retailer, Amazon Inc. for failure to report 26 workplace injuries that occurred in their New Jersey warehouse in 2015.
When a person is killed as a result of another person’s negligent act, the survivors of the victims may file a wrongful death claim as part of a civil lawsuit.
State and local officials have announced plans to spend $152 million to fund needed improvements to a dangerous stretch of Maryland Route 32 that connects Carroll County and Howard County.
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.