Personal Injury Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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?
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).
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.
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.
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.
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.
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.
People around the world enter and inhabit residential and commercial buildings every day.
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.
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.
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.
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.
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.
One of the most challenging positions in the medical profession is that of an emergency room physician.
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.
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.
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.
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.
New E-cigarette lawsuits are being filed, all claiming that manufacturers are intentionally not warning consumers of dangerous ingredients found in their products.
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.
In Pennsylvania, you have a choice of car insurance: you can choose full tort or limited tort. If you choose full tort, you may sue for pain and suffering when you are injured in an accident. If you choose limited tort, you may only recover the actual cost of your injury – unless you qualify for an exception. Because limited tort offers a discount on the monthly premium, most people choose limited tort.
After a lifetime of Talcum Powder use a women alleges that it resulted in her developing ovarian cancer.
Learn about the effects of a motorcycle brain injury and tips on how to avoid injury from a motorcycle accident.
Learn what benefits there are for having a personal dash cam in your car during a car accident.
What is the correct approach to calculating damages where a breach of contract claim is accompanied by a claim for negligence?
Learn why the lawyers for Johnson & Johnson are moving the cases to Federal Court.
Nevada law distinguishes between general and special damages in negligence (personal injury) cases. Special damages refer to direct economic loss as a result of lost wages and medical expenses, including future expenses. General damages refer to lost quality of life due to pain and suffering or long-term impairment arising from the injury.
A hormone used in the Mirena IUD is now suspected of causing an elevated risk of PTC or pseudotumor cerebri in women.
Drinking in colleges has risen over the years, causing many parents, college directors and students to question how to curb this behavior. Whether a college is liable for any injuries that result due to alcohol consumption depends on the applicable court’s assessment of traditional and modern considerations.
All across the United States, lawsuits are being file due to it allegedly causing the spread of cancerous cells throughout the body.
By CP Law Firm
Many consumers who experienced personal injuries through others negligence tend to dismiss their misfortune with a personal undertaking of costs incurred.
If a child chokes on a toy, block or any other small object, a parent may file a choking hazard claim, which is a sub-category of product liability lawsuits. Most parents know that if there is a small item within reach, a child is very likely to grab it and put in their mouth.
A contingency is a designated amount of money that a client agrees to pay a lawyer conditioned – or contingent on – the lawyer providing a favorable outcome of the case. If the lawyer wins a lawsuit or is provided with a settlement, the lawyer receives the agreed upon fee from this award. Special rules may apply when a contingency fee agreement can be entered into and what it involves.
When you have neck and back pain from a car accident, you might be looking at not only medical costs, but also long-term consequences that include financial loss, diminished productivity, and emotional injuries. When you have suffered a neck or back injury in an accident, it is important to receive compensation for both your immediate and your long-term losses.
After appealing the original award, Boston Scientific, was able to have the amount significantly reduced.
Child birth injury is deplorable and inexcusable. Children are precious, and they deserve the utmost care. Doctors, midwives, nurses and other health care professionals assume this responsibility day in and day out. It is their job to provide the highest quality care, but sometimes people can become complacent, errors can occur or birth complications may not be resolved properly.
When someone takes possession of an animal, that person can become legally liable for torts caused by the animal. And while most pet owners treat their cats or dogs like their children, in the eyes of the law, they are only property.
Learn why it is important to seek medical attention even if the injury you have suffered is not serious.
Brain injuries are extremely common. In fact, it is estimated that two million people suffer a brain injury each year. Nearly 500,000 people are hospitalized as the result of a brain injury. Most people will sustain some type of brain injury in their lifetime.
Learn more about the current Risperdal lawsuits and what factors are considered in determining a settlement.
Learn the differences on how we perceive gun safety and car safety.
Every year, millions of people are involved in motor vehicle accidents. These accidents range from minor fender benders to serious accidents that cause catastrophic injuries. Knowing how to react after an accident can help victims protect their legal rights and strengthen their case. Here are a few steps to take if you are involved in an accident that is not your fault.
For Complicated and Crucial Injury Lawsuit, Be Prepared for the Possibility of a Lengthy Legal Process
Lawsuits for personal injuries can result in massive settlements and have long-lasting effects for all parties involved. With so much riding on the outcome, such settlements are often hotly disputed in court room litigation. As such plaintiffs should prepare themselves for a potentially long process.
Has Your Health Insurance Sent You a Bill for Your PA Car Crash? When you went to the hospital after your accident, you were asked for your health insurance card. Your medical bills were sent to your medical insurance company and the insurance company paid your claim. Now your health insurance is demanding to be paid back. What is going on?
Have you seen lawyer ads on TV that tell you “Act now! You may lose your rights”? These ads are referring to the statute of limitations. A statute of limitations is the time period after an accident within which a personal injury lawsuit can be filed. This time limit varies by state. In Pennsylvania, an accident victim generally has two years from the date of the injury to file a claim. However, there are some important exceptions to the rule.
According to statistics compiled by Orlando regional transportation authorities, an average of 55 people are injured every single day in car accidents within Orange, Osceola, and Seminole counties. This works out to more than two people injured every hour. While most of these injuries are not life-threatening, it is always a good idea for anyone involved in an accident, no matter how minor, to seek immediate medical attention.
A situation may arise in which you lend your vehicle to a family member, neighbor, friend or roommate. While you may agree to lend your vehicle to someone else, you likely do not anticipate that you will be legally liable for their actions. However, situations exist in which your insurance coverage will be utilized for a claim or in which you are legally liable for damages that result from this third party’s actions.
A young Texas mother is seeking answers after her newborn suffered extreme birth injuries and died during the labor and delivery process. The 18-year-old mother went to the hospital earlier this month, just one week shy of her due date. After an "uneventful pregnancy", the mother and her family looked forward to the arrival of their newest family member. Unfortunately, the turn of events at the hospital would change their lives forever.
Each year, over 4,500 workers are killed in this country. While the number has decreased since the 1970s, the annual number has remained steady for the last decade. Workers' compensation laws often fail to protect workers from serious work hazards. The exclusivity provision of workers' compensation laws in most states prevents injured workers from bringing lawsuits against their employers. This tends to create a situation in which employers often ignore critical safety regulations.
After you’ve been injured in a car accident (or other accident), the first thing you should do is make sure that everyone who needs medical treatment gets it. But once the dust settles, there are four things you should keep in order to make sure that when the time comes, the insurance company pays you what your case is worth.
Given the most recent very public admission by Charlie Sheen, it might be helpful to explain the legal ramifications. HIV is an STD (a Sexually Transmitted Disease). Herpes, Gonorrhea, HPV (Human Papilloma Virus), Syphilis, and Hepatitis are also all STDs. In California, and in many other states, it is a crime to willfully infect another person with an STD.
Learn why and how you can file an IVC Filter Lawsuit if you have had an Inferior Vena Cava Filter implanted in you or someone you know.
Even car accidents that cause only minor damage to vehicles can cause significant bodily harm. When injury does arise from another person's negligent act, it is critical that medical attention and documentation. But who is going to pay for all those doctor bills? More importantly, when are they going to pay? Lawsuits take time to prosecute and can leave doctor bills piling up! Fortunately, many doctors will provide treatment on a lien basis.
When an individual dies due to the negligence or wrongful act of another person or a group of people, certain family members of the deceased can recover damages in Pennsylvania courts.
A September, 2015 ruling by the Pennsylvania Commonwealth Court has changed the ways an Impairment Rating Evaluation (IRE) will be used in Pennsylvania Workers’ Compensation cases.
The process of determining liability following a truck accident can be much more complicated than in other accident cases.
Proving your case when it comes to negligence in a defective product can be a tough task.
Despite concerns from the Department of Transportation, police and a large number of respondents in a recent poll on truck safety, Congress is considering a bill that would allow trucks to increase in size and allow drivers to work longer hours without a mandated break.
The latest controversy in the trucking industry is whether or not Congress is going to approve a bill that will allow 33-foot long trailers to operate on highways.
Slipping, tripping, and falling can lead to severe back injuries. This is especially true in the elderly, or people with preexisting conditions.
Although airbags are used to safeguard the driver and passengers when involved in a car accident, but when defective, they can cause serious harm.
Learn what the current status of lawsuits brought against the prescription drug Xarelto by those who have reported adverse side effects.
Learn which common testosterone therapy drugs are causing adverse side effects and what people are doing about it.
New testosterone lawsuits are being filed by men claiming to have experienced negative side effects from taking the drug.
Being accused of child abuse can be distressing for a parent, especially when it could not be further from the truth. Even if a criminal investigation clears the parent from any suspicion, the damage to the parent’s reputation may continue to linger. However, in the majority of cases, the wrongfully accused parent does not have the right to sue or receive financial recovery from a doctor who makes a report of child abuse that later turns out to be false.
Patients instill much trust in their doctors, sharing private information with them in order to receive the best medical treatment. However, situations may arise in which a patient feels that he or she has been treated badly within the scope of the doctor/patient relationship. Certain situations may give rise to legal claims against such doctors.
In today’s technological world, it is much easier for a client or customer to leave negative feedback about a business after having a bad experience with them. While a lawsuit may be filed by the business to retaliate, the legal grounds for such a claim may not be met depending on the circumstances of the case.
Lawsuits are still being filed against the Bair Hugger Warming Blanket as new medical studies are being performed.
Texas has more fatal car accidents involving alcohol than any other state. An approach focused on punishment and not education has not been effective in reducing the statistics.
The injuries that a person suffers in a personal injury case are personal by nature. Two individuals who are involved in the same accident and even in the same vehicle may suffer extremely different injuries. Each individual may suffer injuries of a different nature and heal at a different rate. Having a doctor be able to testify about the victim’s injuries and having solid records can help make a personal injury case while not having these aspects of the case can break it.
Learn what to do in the case of a personal injury claim if you are a victim of gun violence.
The city of Denver has completed a six month study concerning the use of body cameras on police and they have created and released a draft policy to the public.
Every year, there are thousands of medical malpractice lawsuits against a small number of doctors. All too often, these lawsuits stem from botched or missed diagnoses of the underlying condition that caused one to seek the doctor’s help in the first place.
A unique California law disallows general damages such as pain and suffering to uninsured motorists involved in traffic collisions within the State. It applies strictly to the driver the automobile and not its passengers. It applies whether or not the collision was caused by the uninsured motorist. Some exceptions apply and are explained in this article. If you have been involved in a car, truck, bus or other motor vehicle accident, do not rely on this as legal advice. Consult a lawyer ASAP.
When people right their autobiographies or memoirs, they may recount stories that others do not wish to share. While the first amendment provides for the freedom of speech, this right is not absolute. Simply because a person deems something to be “nonfiction” does not make it true. Individuals who do not like the way that they are being portrayed may have legal claims against the author.
As many people know, once information is on the Internet, it can stay there forever. However, some individuals have a legitimate interest in having certain information removed from the Internet, so they may pursue doing this through Google, the largest search engine at the time of publication. There is a certain process that individuals must usually follow in order to effectuate this, and Google does not guarantee that all unfavorable information will be removed.
When it comes to service dogs and assistance animals, people often confuse the Federal American with Disabilities Act (ADA) with the Federal Fair Housing Act (FHA). The ADA laws apply only to commercial (non-residential) settings. They apply to specifically trained service dogs (and the very occasional miniature horse).
According to a lawsuit filed in Middlesex County Superior Court, a woman who purchased multiple coffees at Dunkin’ Donuts in Highland Park, New Jersey, sustained slip and fall injuries after she tripped over an exposed spike in the parking lot of the establishment.
Last month, tire maker Continental recalled over 12,000 tires in two recalls for risk of tread separation and air pressure loss.
Working in the construction industry is one of the most dangerous jobs in the United States. Workers deal with a variety of hazards on a daily basis, including falls from elevated surfaces, getting hit with heavy equipment, motor vehicle collisions and electrical hazards.
Your insurance agent may be a friendly individual and perhaps even someone with whom you socialize on occasion. But no matter how friendly or sociable your agent is, the insurance company he or she represents can be your worst enemy following a personal injury or automobile accident. Despite popular slogans and advertisements, insurance companies will routinely attempt to settle a claim for as little money as possible. After all, it is the way they make money.
On May 11, 2015 the Responsible Dog Ownership Act was introduced in New Jersey by Democrat assembly members.