Personal Injury Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.
Section 1877 of the Social Security Act is commonly referred to as the “Stark Law.” This law has important provisions regarding physician self-referral for the purposes of Medicare and Medicaid.
Professional athletes may suffer from head injuries for a number of sports and actions. Head injuries can result in significant consequences to the athlete, making it important to identify who has the responsibility of covering such injuries in the event they arise on the field or in the arena.
When negligent behavior injures patients, physicians are subject to claims of medical malpractice. This phenomenon is becoming a serious problem in the United States. Studies have determined medical malpractice to be the third leading reason people lose their lives in America.
Energy drinks saturate the market from the simple brand names that give energy for hours to the generic that hold mostly caffeine but nothing else. For the last few years, these products have been linked to several instances of death among consumers.
People often confuse negligence, torts and personal injury claims. These terms are used often, but it is sometimes difficult to understand the subtle differences when liability becomes an issue. Collecting monetary damages from each may be confusing as well, but it is important to know when actions are intentional versus accidental.
With the summer months come relaxation and recreation. Longer days allow for more adventures in the outdoors. Activities increase in proportion for most people. However, with the greater amount of activities comes a much higher degree of accidents. Safety and assistance to those injured during these months are important to family and friends. It is with safety guidelines and caution that most activities have fewer mishaps.
Accidents often occur in construction sites to workers and managers dealing with material. For the companies that purchase a workers’ compensation package, these individuals usually obtain benefits from these programs to compensate for lack of work, loss of limb, lost income and other related issues. These benefits are normally available no matter who is at fault for the accident.
In Pennsylvania alone, distracted driving and cell phone use resulted in thousands of injuries and more than 200 fatalities last year.
The American Federation of Labor-Congress of Industrial Organizations (AFL-CIO) compiled a report on worker safety, losses and deaths recently. Not only did the report tackle issues of gender, race, job industry and more, but it also exposed the most dangerous states in respect to worker fatalities and injuries.
By DiTomaso Law
People injured in a slip and fall accident can suffer serious personal injuries. When the slip and fall accident occurs because a property owner failed to clear debris, snow, or ice from their property, the victim may be entitled to compensation. Property owners who fail to take necessary precautions to ensure the safety of people on their land can be held liable for injuries under premises liability law.
By DiTomaso Law
On May 5, 2016, the Food and Drug Administration (FDA) passed legislation imposing rules on e-cigarettes after nearly ten years of the product being available to consumers.
Anton Yelchin, an actor best known for his role in Star Trek, was fatally injured June 19th when his 2015 Jeep Grand Cherokee rolled down his driveway, striking him and pinning him against a security gate.
Summer is just around the corner and we can all look forward to days at the beach and long, lazy Sunday afternoons lounging around the pool. In order to stay safe this summer, make sure that you take necessary precautions against slip and fall accidents.
When a pedestrian is struck by a moving vehicle, catastrophe often follows. A pedestrian has limited protection against a vehicle weighing thousands of pounds. However, one defense that the driver may attempt to use is comparative negligence.
Personal injury cases arise when a party’s negligence is responsible for another’s injury. Personal injury cases can be more complicated when children are the victims.
When an individual is involved in an accident that is caused by another party’s negligence, the injured victim usually has the right to pursue a personal injury claim to recover compensation for the damages that he or she sustains. However, when the victim dies as a result of such negligence, a wrongful death claim may arise.
Cruise ships sail in the open water to various destinations. If an accident occurs onboard that causes injury, it may become difficult to know who is responsible. When in another country, the guilty party becomes even more difficult to determine.
When summer approaches, air travel and road transportation increase to a great degree. Due to the volume of vehicles on the road, accident statistics soar during these hotter months. The potential of summer month accidents increases the closer the season approaches. The collision issues affect both those traveling as well as those just driving to work, home or to entertainment facilities.
In today’s world of smart phones and instant access to information through various video formats, it is easier than ever to record someone without their knowledge. Due to its accessibility and ability to use it easily, video surveillance is often used to assist in various legal proceedings, including defending against personal injury cases.
Insurance companies play an important role in the aftermath of a car accident. In some cases, the accident victim must make a claim against his or her own insurance company. In other cases, the claim is made against the insurance company that insures the party responsible for the accident. Regardless of the circumstances involving the accident, the person involved in the accident may consider taking the following steps:
Cardiac stents are among the most common and regularly used medical devices. They are used to open a person’s arteries. Every year millions of Americans receive these implants. An estimated $110 billion provides stents for approximately seven million Americans. Despite their common appearance in modern medicine, many medical malpractice claims arise due to cardiac stents.
Skin procedures involving lasers have become a routine process for removing hair and reducing wrinkles. These surgeries have become popular to those that want to attain a specific look or have a younger appearance. Some of these procedures only require minutes to complete and are easy for patients. This has allowed a wider base of clients to opt for these operations. The convenience allows individuals of all ages the luxury of laser surgery.
Dental mistakes are just as common as medical mistakes. Sometimes making a mistake makes a cause for legal action to arise. Often, victims are unaware that they may file a claim because they do not know or understand their rights. Because insurance businesses do not publicize details regarding cases, little is known about many instances or the full extent of statistics regarding malpractice and dental mistakes.
Highways, expressways and major traffic areas are often undergoing construction. Some states have roads constantly being repaired while other states have reparations only occasionally. Due to erections in the road, truck traffic, construction cones and other machinery or decaying ground, the roadways are much more dangerous than other areas. This causes construction zones to be associated with a higher number of accidents.
Auto defects may cause more fires than any other issue. Many of these defects are electrical in nature which may ignite other parts of the vehicles. When a person is driving a car that is engulfed in flames, the occupants of the vehicle may suffer severe injuries.
The dangers of crossing railroad tracks is a very real threat for some individuals. Pedestrians and vehicles sometimes wander into the railroad intersections, causing pedestrians and occupants to become grievously injured or lose their lives. It is always important to follow safety procedures when crossing the road, when traffic poses an issue and when dealing with potential rail cars.
Crude oil trains are responsible for transporting this important resource across the country. Given the flammable nature of the product and the high demand, transporting this product can be dangerous.
A female high school lacrosse player recently filed a personal injury lawsuit against Orange County, the Florida High School Athletics Association, and the opponent who dealt her the blow that caused her to sustain a concussion during a game. The Orange County lawsuit seeks $15,000 in compensation as remedy for the victim’s injuries.
Facial injuries can be devastating and traumatic. In the personal injury context, they are different from other types of injuries; the very appearance of a scar, a wound, or disfigurement may need to be compensated. Much more than visible damage to other parts of the body, facial injuries can cause emotional distress, affect quality of life, or require reconstructive surgery. How does a personal injury case function or change when the injury is to a victim’s face?
Accidents between a pedestrian and a car can be some of the most dangerous kinds of vehicular incidents in terms of the possibility for serious personal injury or death. The weight and momentum of a vehicle, combined with the lack of protection inherent to being a pedestrian makes it so that even a low speed collision can cause grievous injuries to the people involved.
In any space that is open to the public, such as a retail store or restaurant, the owner has a legal duty to its customers (or “invitees”) to ensure the property is free of any dangerous conditions that it knows about or reasonably should have known about.
After suffering injuries in a car accident, a person may seek compensation or coverage for the medical bills related to these injuries, either from their own insurance company or from a third party insurance company. Whichever insurance company a person is dealing with, there may come a point in the claims process where additional medical information is requested by the insurance company.
Many injuries occur between private citizens. Some cases involve businesses. These cases tend to be more straight-forward than cases in which the government is named as a defendant due to complex legal issues.
In order to be enrolled, many states require students to provide proof of immunization to attend school, including Illinois. Until recently, parents were permitted to excuse their children due to medical or religious explanations. For religious exemption of this requirement, a letter from a parent to the school administration was all that was needed stating the children’s vaccination violates religious beliefs held by the family. Medical exemption could be proven with a letter from the doctor.
Summer is the time of year when people usually think about all the time they plan to spend outside enjoying the weather and spending more time with their family. While Florida’s climate allows for outdoor activity year round, there is still an emphasis on doing more during this season, now that children are out of school. Many of these activities happen on or around water due to the state’s geography, and as a result, Florida has one of the highest levels of boat ownership in the country.
By Hornsby Law
Nursing homes ideally provide safe, nurturing environments for individuals who cannot live on their own. Unfortunately, many nursing home residents in Florida and throughout the United States find themselves suffering from illness and injury as a result of poor sanitation, unsafe conditions, and abuse from their caregivers. When this happens, the victim may be eligible to receive compensation for his or her damages through a nursing home abuse claim.
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.