Personal Injury Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Personal Injury.
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.
If you are like most people in New York, car accidents leave you wondering what to do. In addition to obtaining prompt and effective medical care if you have been injured, you will need to deal with your insurance company. Unfortunately, this can turn even a minor fender bender into a major challenge and require you to spend significant time to get the benefits you thought you had paid for with your insurance premiums.
Did you know that according to the Centers for Disease Control and Prevention, approximately 15 people die per day in the United States in car accidents that involve distracted driving? Moreover, another 1,200 people are injured on a daily basis.
Testosterone therapy is used by a number of men believed to have low testosterone levels. Although low testosterone can cause fatigue, decreased libido, and muscle and bone loss, testosterone is sometimes prescribed unnecessarily – which can lead to serious side effects and medical conditions.
Testosterone therapy has been linked to a number of serious side effects, including heart attack, stroke, and even death. For men under the age of 65 with a history of heart disease, the risk of heart attack nearly triples when taking testosterone supplements and doubles for men over the age of 65 even if they have no history of heart disease.
The use of testosterone replacement therapy has increased exponentially in recent years. In fact, the Washington Post reports that the number of men starting testosterone therapy has almost quadrupled in the United States since 2000. But new data has also come to light indicating that the use of testosterone therapy can be dangerous, particularly to men over the age of 65 and men with a history of heart disease.
Premises Liability Claims in California: What Do You Need to Do if You Are Injured in a Retail Store
Shopping in a store is usually enjoyable and fairly uneventful, but, what happens if you get hurt in a mall or box store like Home Depot? If you are injured due to a dangerous condition on the property such as a slippery floor or merchandise stacked wrong that falls down on you, there are things you should do immediately to protect any claims you may later assert for medical expenses, lost income and pain and suffering related to the incident.
While watching television recently, I came across a commercial involving dangerous stunts. The stunts were so dangerous and over the top that the producer included legal disclaimers to the effect that “You should not try this at home!” What would happen, I thought, if somebody injured themselves after watching such a stunt? Could a legal claim for negligence survive against the broadcaster or producer?
There is a lot of misinformation floating around on the web about certain aspects of personal injury cases. Here we will reflect upon those myths and help clear them up.
If you were injured in a car accident, you may be facing mounting medical bills and be unable to work. In addition to the physical pain that you are in, you may also be angry and confused about what to do next. Many car accident victims wonder if they should accept an insurance settlement or pursue legal action by filing a personal injury lawsuit.
Spinal cord injuries are on the rise, and slip and falls among seniors now top the list as the leading cause of spinal cord injuries. According to a new study, which was published in the January 23 issue of the Journal of Neurotrauma, falls among seniors have surpassed auto accidents as the leading cause of spinal cord injuries.
Winter 2014 will likely go down in the record books for one of the harshest winters ever. In fact, as of February 9, Chicago has seen 19 days with subzero temperatures and has already received more than 62 inches of snow. Winter in Chicago can make for treacherous travel conditions, but this winter has been particularly bad.
Construction workers are exposed to a number of occupational hazards, such as scaffolding injuries, noise hazards, and equipment injuries. But a new report shows that construction workers who are exposed to crystalline silica dust are also at risk of developing occupational diseases over the long term.
Commuting and traveling is often a necessary part of a person’s job. While work-related travel and lengthy commutes are commonplace in today’s labor force, when a worker is injured while commuting or traveling for work, several issues can arise regarding workers’ compensation.
The Dangers of Working the Night Shift: How to Recover the Workers’ Compensation Benefits You Deserve
Night shift work – though a necessity for many American workers – comes with a unique set of health risks and hazards. For instance, according to an article on WebMD, night shift work is related to a number of serious health conditions, including cardiovascular disease, diabetes, and obesity.
Not only does the NTSB conduct independent investigations of all civil aviation accidents and major accidents of other modes of transportation such as train crashes, commercial trucking accidents, and auto accidents, but it also identifies areas for improvement in order to improve transportation safety.
A detailed explanation of the common causes and types of medication errors that can occur in a medical establishment, provided by the law offices of Greg Monforton and Partners.
Long -term care advocates and officials disagreed at a recent Assembly hearing.
Seeking social security disability because you can not work because of a headache is unique and very difficult. But there are certain things you can do to help your chances of winning.
Be careful out there! Just because there’s ice on the roads doesn’t mean you’re off the hook if you plow into someone while you’re driving.
As with California State Route 138, the major problem with U.S. 431 in Alabama is that it consisted mostly of two narrow lanes until 2010 and had dense traffic. The good news is that the highway was expanded to four lanes from Phenix City to Dothan.
A Los Angeles County assisted living facility has been ordered by a judge to pay a woman who was injured by a fall.
Just because a motorcyclist is injured or sustains property damage due to someone else’s negligence and thinks he’s entitled to recover, it doesn’t mean that he will. The injured party must prove his case whether in the early stages of the claim or ultimately at trial. If you’re not careful, some things can slip through the cracks.
The cost of medical care rendered to seriously injured accident victims in San Francisco is tremendous, especially given the high cost of treatment at San Francisco General Hospital (SFGH), to which seriously injured patients are brought by ambulance, and the fact that SFGH and its physician group balance bill the patient for whatever their insurance does not cover.
Chances are, you’ve slipped or tripped and started to fall but caught yourself—or maybe fell but didn’t seriously injure yourself—sometime in the last year. Everyone has those moments, and usually you can just laugh them off as a moment of clumsiness and move on.
Bicycle accidents can cause devastating injuries when a vehicle is involved. With little to protect bicyclists from negligent drivers, the results of bike crashes can be devastating.
Utah law identifies a presumptive personal representative as the person to handle the responsibilities of wrongful death claims, based on relationship to the deceased. This role involves addressing many legal details during a period of personal stress and grief for the close loved one who takes on this role.
The Utah Workers Compensation system makes claim filing easy for injured workers, who can leave the paperwork to other parties after notifying their employers of an injury.
If you have been in an accident with a teen driver, you may wonder what sort of recourse you have in order to protect your rights. Teen drivers are often difficult or costly to insure, and they are often insured under their parents’ insurance policy.
Ultra compact cars – often called minis – have increased in popularity in recent years, in large part due to their relatively inexpensive price tag and high fuel efficiency. Unfortunately, many of the smallest cars sold in America are also some of the most dangerous and the most likely to result in serious injuries and deaths in an auto accident.
The birth of baby is usually a joyous occasion for expectant parents and their families. Since pregnancy and childbirth are a normal physiological process, the woman usually goes through the 9 month pregnancy expecting everything to be perfect at the end.
From a client’s perspective, one of the most confusing and challenging parts of a personal injury lawsuit is the deposition. Unless a case settles very quickly after the complaint is filed, a deposition will inevitably be part of the legal process.
If you have been involved in a personal injury accident, you are likely hurt and confused. It is important that you not delay in getting the medical and legal help that you need so that you can protect your ability to seek financial compensation for your injuries and damages.
Every day restaurant customers and employees are injured in restaurant accidents. Injuries happen in restaurants for a number of reasons, including hazards such as food or drink spills, poor lighting, lack of or broken railings on stairways, failure to maintain the premises, burns by hot food or drink, food poisoning, sharp kitchen tools and utensils.
Tort reform initiatives seek to limit plaintiff’s access to the court system, restrict the types of claims that can be asserted, and cap the damages to which you may recover in a lawsuit.
No one plans on getting into a car accident or other personal injury accident, but accidents can and do happen. It is important that, if you are injured in a personal injury accident, you understand your rights and legal options. An experienced personal injury attorney can provide you with the crucial information that you need in order to get the compensation that you deserve.