Personal Injury Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Personal Injury.
December 30, 2014 By The Miley Legal Group
When you are in a rental car accident, you may be just as eligible for compensation for your losses as if you were in an accident while driving your personal vehicle. You might be eligible for damages even if you did not purchase rental car insurance.
December 30, 2014 By Heygood Orr & Pearson
Despite safety technology that could prevent many of the most serious table saw injuries, the manufacturers of these tools have failed to equip them with their products. Table saw users who suffered amputations, lacerations, avulsions, or other injuries may be eligible to file a lawsuit against the table saw manufacturer and receive compensation.
December 30, 2014 By The Law Offices of R. Sebastian Gibson
The bus crash everyone in Palm Springs remembers most is the bus crash of July 31, 1991 that killed 7 and injured 53 when a chartered school bus carrying Girl Scouts and their chaperones skid 400 feet, overturned, careened off the Palm Springs Aerial Tramway Road, and tumbled down an embankment after its brakes failed. That crash was only one of a number of bus crashes with ties to Palm Springs and Palm Desert. As bad as it was, the FedEx bus crash in 2014 may have even been more horrific.
December 29, 2014 By d'Oliveira & Associates
Rhode Island has been awarded nearly $341,000 in federal funding for traffic and vehicle safety programs. According to an Associated Press news report, the funding comes from the U.S. National Highway Traffic Safety Administration (NHTSA) to the Rhode Island Department of Transportation (RIDOT).
December 28, 2014 By The Law Offices of R. Sebastian Gibson
The stretch of Hwy 74 that runs from Palm Desert toward Mountain Center and then toward Idyllwild as Hwy 243, is a scenic paradise with views of both the desert floor and the pine trees and firs that greet you as you get closer to the Mountain Village of Idyllwild. Known as the Palms to Pines Highway, it is a magnet for motorcycle riders who love the challenge presented by the curves in the road that take them in both directions. It’s also a death trap for the unwary or inexperienced rider.
December 26, 2014 By The Law Offices of R. Sebastian Gibson
Hwy 86 runs from Interstate 10 to Calexico. It passes through Indio, Thermal, Brawley and El Centro. Once known as “The Killer Highway,” stoplights were installed at some intersections to prevent broadside collisions. Anyone who’s driven the highway, knows it’s still dangerous because of the cross traffic. Now, once again, the highway is taking its toll.
December 26, 2014 By The Miley Legal Group
Under West Virginia’s dog bite laws, a dog owner is liable for the bite if the animal was loose at the time of the incident. These strict liability laws mean the dog bite victim doesn't need to prove the dog owner was aware of any previous incidences of biting or even knew the dog would bite a person. But the law does allow dog owners to mount some common defenses against a dog bite lawsuit.
December 24, 2014 By Ankin Law Office LLC
Drivers can reduce their risk of wintertime car accidents by preparing their vehicles for winter driving and adjusting their driving techniques.
December 23, 2014 By The Law Offices of R. Sebastian Gibson
The truck speed limit on the I-10 through the Coachella Valley is 55 mph. Most truckers drive through the valley at faster speeds. It would be easy to blame all of the big rig crashes and tractor-trailer rollovers in the Coachella Valley on speed, but there are too many other factors, including the negligence of others. With trucks that can weigh as much as 80,000 pounds, the passengers in cars and pickups they hit have a lesser chance to survive.
December 22, 2014 By The Law Offices of R. Sebastian Gibson
The families of hit and run victims in Cathedral City and their attorneys just want answers. How can a bicyclist be hit by a hit and run vehicle, then a second pedestrian be hit by the same vehicle just moments later, then hit a second time by a paramedics vehicle transporting the first victim, and then hit yet by yet a third hit and run vehicle? These deaths in October 2014 would be just two in a string of recent hit and run wrongful deaths in the Coachella Valley.
December 22, 2014 By The Law Offices of R. Sebastian Gibson
It’s that time of year, Christmas, that dangerous time in California for drivers and pedestrians which accident attorneys and insurance adjusters know all too well. It’s Christmas. People in cars and pedestrians alike are distracted. They’re shopping, and coming from Christmas parties. Some are unfamiliar with the roads. Others forget what to do when it starts to rain.
December 21, 2014 By Botto Gilbert Lancaster, P.C.
During the winter months, the risk of being involved in a car accident increases. According to the Federal Highway Administration, approximately 23 percent of the car accidents that occur each year are caused partially or entirely by poor weather conditions. During the 2009-2010 winter season, Illinois was one of the top 10 states for weather-related traffic fatalities.
December 21, 2014 By The Law Offices of R. Sebastian Gibson
It’s time to give personal injury lawyers a tort that can improve the lives of people at Christmas. How long are family members going to suffer at Christmas after being served dishes that should have stayed in the 50's, for lies told to them by their parents, and for Christmas traditions they never agreed to take part in, without being able to obtain some type of relief for the distress, the stomach pain and heartburn they’ve endured? Well no more. It’s time for the Christmas Tort.
Twentynine Palms Marine Accidents and Fatalities on CA Hwy 62, The Killer Highway - A Personal Injury Tragedy
December 20, 2014 By The Law Offices of R. Sebastian Gibson
At least 182 people have died on CA Hwy 62 since 2002. More than 90 lives have been lost since 2007. The risks of dying on Hwy 62 make this highway a dangerous road to travel and the stretch of Hwy 62 from 29 Palms to Palm Springs one of the most dangerous stretches of highway in California. Marines from the Twentynine Palms Marine Corps Air Ground Combat Center and personal injury attorneys who represent grieving families know all too well what is known as “The Killer Highway.”
December 19, 2014 By Oliveri & Schwartz, P.C.
To sue or not to sue is indeed a pretty good question. The lawsuit can be underway at the time of the ADR; or, the success or failure of the ADR can determine whether a lawsuit is even necessary.
December 19, 2014 By Heygood Orr & Pearson
Individuals who have developed mesothelioma cancer, asbestosis, lung cancer, or other diseases linked to asbestos exposure may be eligible to file a lawsuit and receive compensation for the injuries and the cost of medical care.
December 19, 2014 By Salvi & Maher, LLC
Illinois joined the growing group of states to allow the use of medical marijuana.
December 19, 2014 By Martinez & Schill LLP
This is the time of the year when California's highways become full to capacity with parents, children, cousins, grandparents, and friends traveling through the state to be together for the holidays.
December 18, 2014 By Minick Law, PC
Explaining the process of representing oneself in a criminal case, and outlining the risks involved with doing so.
December 15, 2014 By Briskman Briskman & Greenberg
Medical malpractice is a national crisis, killing more than 200,000 people each year by some estimates.
December 14, 2014 By HG.org
An attractive nuisance is a dangerous condition on a person’s property that attracts children onto the property and puts their safety in danger. Landowners who have an attractive nuisance on their property are held to a higher duty to protect children. If an attractive nuisance is found to have injured a child on the landowner’s property, the landowner may be required to pay for the damages that resulted, even if the child was technically trespassing.
December 11, 2014 By d'Oliveira & Associates
Winter driving can be extremely difficult, especially here in Rhode Island. Our proximity to the ocean constantly opens up the possibility of huge storms, blizzards and nor'easters. This closeness also influences frequent temperature changes with many freeze-thaw cycles throughout the winter months. Such a weather pattern makes roads slippery and riddled with potholes, contributing to more treacherous conditions for drivers.
December 11, 2014 By Law Office of Mark H. Cibula
Car accidents are generally scary and stressful situations to find yourself in, no matter how major or minor they might be. However, when you also have to worry about recouping costs for medical bills, lost wages, property damage and anything else you owe as a result, it makes the hardship much more difficult to manage on your own. That’s where the knowledge and assistance of an experienced car accident lawyer really comes in handy.
December 9, 2014 By The Evans Law Firm, Inc.
When moving your loved one into a nursing home, you want the best. Except, that info isn't readily available to the public.
December 7, 2014 By HG.org
If a person is injured on the private property that belongs to another, he or she may be able to sue for the damages that he or she sustained. The ability to recover will depend on state laws regarding premises liability and the relative duty of the host and guest.
December 4, 2014 By d'Oliveira & Associates
An uninsured motorist is a driver who does not have a valid auto insurance policy. Under Rhode Island law, it is illegal to operate a vehicle without auto insurance.
December 4, 2014 By Richard H. Raphael, Attorney at Law
We all want the best for our loved ones. Most of us would give anything to give back to our parents in their old age what they have given to us growing up. Unfortunately, some families have members that do not respect the relationship with their elders, and may take advantage of them in a vulnerable condition.
December 3, 2014 By Martinez & Schill LLP
Thousands of consumer products are recalled due to safety concerns every year. Every year, hundreds and even thousands of consumer products are recalled due to safety concerns. These products fall under a wide variety of categories, from automotive parts and products to kitchen goods, household accessories, pet toys and products, and children's products.
December 3, 2014 By Venus Poe, Attorney at Law
Suffering a personal injury can be scary, but it is always important to try and keep calm. The steps you take following a personal injury can affect the amount of compensation that you will get after filling a personal injury claim.
December 1, 2014 By d'Oliveira & Associates
Recently, a report released by Allstate Insurance listed the city of Providence, Rhode Island, as the fifth worst city in the United States when it comes to the worst drivers.
November 30, 2014 By HG.org
Due to the more prevalent nature of laws against drunk driving, many states have enacted laws that allow a personal injury victim to recover from the person who provided alcohol to an impaired driver. However, there may be exceptions regarding who can be made liable.
November 30, 2014 By HG.org
When people go to an amusement park, they plan on spending time and having fun with friends and family. They do not plan on getting injured. However, the Consumer Product Safety Commission reported that the rate of amusement park injuries more than doubled in the mid-1990s. However, some states have enacted special laws that almost completely insulate parks from liability.
The vast majority of motorcycle accidents involve collisions with other vehicles. Motorcycle accidents are the most dangerous because they involve a much higher risk of serious injuries or fatalities. Head-on motorcycle-car accidents often result in fatal injury to the motorcyclist. Often, those accidents are caused because of a motorist's failure to notice a motorcyclist, yield to a motorcyclist and other forms of negligence.
Insurance companies often deny personal injury claims with excuses that include denying fault, denying the extent of the injury, and denying causation.
As medical technology makes it possible for Americans to live longer lives every year, more and more individuals and their families turn to long-term care facilities to provide assisted living and on-site medical care during their later decades. These long-term care facilities are frequently known as nursing homes and can house disabled and injured individuals alongside the elderly.
The story of Manti Te’o caught the attention of millions around the world as the professional football player’s story of his girlfriend, her death and the ultimate discovery of the falsity of it all. Similar stories that popped up in the media and in the life of the leading character in the MTV show of the same name have also brought this new phenomenon to the forefront of the public.
Wrong-way auto accidents are some of the most serious types of collisions that occur on Rhode Island's highways. Seeing a vehicle traveling the wrong way and hurtling toward oncoming traffic at a high rate of speed can be terrifying. According to the U.S. National Highway Traffic Safety Administration (NHTSA), wrong-way accidents on divided highways are far more likely to result in deadly or serious injuries than any other type of car accidents.
Many nursing home chains in California have been shown to underperform when it comes to quality-of-care, staffing, and inspection measures.
People who are injured as a result of medical negligence are entitled to seek compensation through a lawsuit. However, in the vast majority of medical malpractice cases, a lawsuit is never filed. In fact, in the case of misdiagnosis – one of the most common types of medical errors – the patient may not be aware that a mistake occurred, and the error itself may go unreported.
It would be a truth universally acknowledged among sensible people that the sharing of information on best practice, and the identification of meaningful trends gleaned from data, can only be a bonus for all organisations regardless of operation - and none more so than the NHS.
Even though Xarelto is a new drug on the market, the negative side effects have grown greater than those from Pradaxa. Both of these drugs have experienced bleeding issues with consumers because they are anticoagulants. The only difference between the legalities of the two drugs is that a lot of Pradaxa's cases have been settled while Xarelto's cases are just getting started and are unfortunately, firing up.
The Rhode Island Supreme Court held that a 17-year old trespasser on boarded up property who received sulfuric acid burns could not recover against the landowner under the attractive nuisance doctrine, because he appreciated the risk of his reckless actions. Burton v. Rhode Island, 80 A.3d 856 (R.I. 2013).
Recently, a whistleblower failure-of-care claim was settled against a nursing home chain for $38 million. Even nursing home abuse can be stopped with whistleblowing.
If you drive a car, you’ve probably seen it happen (or you’ve seen the aftermath). A mattress, a piece of furniture, a chunk of metal, a huge box or some other large object falls off a moving truck (or the object is lying on the side of the road). What happens when the stuff that fell off the truck hits a car or a pedestrian or a bicyclist, causing a wreck and injuries? Is the truck responsible?
Consumers must be aware when shopping for vehicles that there are numerous vehicles that have had parts recalled that may not have received repairs. Car manufacturers like General Motors have issued recalls that affect nearly 25 million vehicles. Consumers must get informed about recalls when car shopping in order to avoid injury from car accidents related to defective parts.
Back injuries differ in type and severity. Some car wreck victims suffer minor back injuries. For example, if a victim was stopped at a red light and another driver slowly rolled into his car, the victim might experience soreness for a few days. Other car accident victims are not so lucky.
Nursing homes can't evict elders based on ending Medicare coverage, lack of long term beds, or refusal to readmit after a hospital stay.
Studies show that understaffing is directly linked to elder abuse in nursing homes.
A skilled pickpocket does not just take your wallet; he directs your attention elsewhere. When you notice you have been robbed, you blame someone else.
Regulation of the Supervision on Medical Instruments was revised and published by the State Council of People’s Republic of China on Mar. 7, 2014.
A recent court decision based on the case Hamilton v. Miller in the New York Court of Appeals is giving more hope to victims in New York lead poisoning cases. Previously, victims had to provide medical reports relating to each alleged injury. The lower court's narrow requirement requiring medical reports be furbished before defense medical examinations take place is no longer honored in lead poisoning cases, although victims must still furnish medical records relating to their injuries.
Truck drivers operating a massive vehicle under the influence of alcohol or drugs cause truck accidents in the Clarksburg, West Virginia region every year. These accidents can be severe given the size difference between large trucks and passenger vehicles, and the recklessness with which impaired truckers often drive. Survivors of accidents related to truck driver impairment can recover damages for losses sustained in the accident.
Iowa limits the benefits you can receive if injured on the job to specific categories of benefits.
When a person is injured while in the hospital, he or she may consult a personal injury attorney who focuses on medical malpractice claims. One of the first questions that an attorney of this nature will try to answer is who may be sued. In addition to surgeons or other healthcare staff, hospitals may also be sued in some cases for malpractice. The hospital may be able to be sued if one of the following situations is applicable.
While many would think it is more likely to be involved in a motor vehicle accident with another car, railroad fatalities are a larger concern, especially among pedestrians. Illinois' Rail Safety Week aims to encourage awareness of rail safety among pedestrians and motorists.
This month, legislators passed a bill entitled The Residential Care Facilities for Elders Reform Act of 2014 (ACT), effective July 1, 2015.
A medical malpractice case may arise when a patient’s treatment falls below the standard of care when compared to other surgeons in the same practice area and the patient is harmed. A patient may be injured due to a variety of surgical errors.
Every day, individuals are injured while on the premises of a business. Injured individuals may be able to pursue a personal injury lawsuit and recover for the damages that they suffer.
In recent years scientists have learned more about the potential dangers of mold and breathing it in on a daily basis. While some individuals may develop minor respiratory symptoms, such as coughing and wheezing, more serious conditions may develop, such as fungal respiratory infections. In many states, your landlord may have some responsibility to help remediate the problem.
Product manufacturers must ensure their products are safe from defects that can cause injuries or fatalities. When companies fail in this duty, customers are exposed to the risk of injury or death while using the product. When death occurs because of a defective product, survivors of the deceased can filed a wrongful death lawsuit to recover damages.
The statute of limitations provides a time limit in which a plaintiff can bring a lawsuit without it being time barred by the court. With few exceptions, if this time limit passes, the plaintiff will be forever barred from bringing the suit. Like other types of claims, there is usually an applicable statute of limitations.
If you have been injured in another accident that was caused by another party, you may be able to pursue a civil lawsuit against the responsible party. However, a lawyer may evaluate certain factors of your case to determine whether or not to take your case.
Motorcyclists are at an especially high risk of suffering head injuries in an accident because of the relative lack of protection compared to drivers of passenger vehicles. Accidents can result in brain injuries and can require extensive treatment, including hospitalization. For some victims, a head injury from a motorcycle accident can have lasting and severe effects.
Nursing homes in LA discovered prematurely closing claims regarding elder abuse before completing investigation
Being involved in a road traffic accident can leave you with anything from whiplash and bruising to serious head and spinal injuries. If you are uncomfortable enough to be involved in a horrific road accident, which was not your fault, then you may be entitled for a personal injury compensation claim.
If you have been injured in an automotive accident, slip and fall or workplace accident, your immediate reaction may be to sue the party responsible for your injuries. However, not all cases warrant an attorney’s involvement. Furthermore, attorneys may refuse to take a case if it is not worth the attorney’s time or experience.
Can an employer retaliate when a worker files an OSHA complaint or files for workers’ compensation benefits?
A few weeks ago, we discussed the criminal consequences of a driving while intoxicated (DWI) charge in Texas. This article covers some of the civil (i.e. non-criminal) consequences that you might face as a result of a DWI charge.
Tesla Motors is known for their cutting edge electric vehicles. The National Highway Traffic Safety Administration (NHTSA) has given the Tesla Model S a 5-star safety rating in every subcategory without exception, setting a new record for the lowest likelihood of injury to occupants (Tesla Motors).
Youth football players are at risk for brain injury due to their sport, and a new law in California, AB 2127, seeks to reduce injuries to the brain, such as concussions, among young football players. California joins many other states in combating the growing concern that young football players are sustaining head injuries playing middle school and high school contact sports.
Status updates on proposed legislation for the Residential Care Facilities for the Elderly (RCFE) Reform Act of 2014 that are up for review at the next legislative session.
When our loved ones grow old and sick, families can feel a sense of relief knowing that when they are put into a nursing home they will receive the 24 hour a day care that they truly need. Having grandma and grandpa live at home may be nice for the family, but you and your spouse are not certified to give true medical attention that they need, and working full time in the midst is not helpful for them either.
Since the time we were children, we have heard that medications will make all of our problems go away. After years of testing, and product consumption, people are now starting to realize that there are unwanted side effects for almost every medication out on the market today.
Each year thousands of U.S. workers die and millions more are injured in workplace accidents. In fact, according to the Bureau of Labor Statistics, there were 4,383 fatal work accidents and 3.7 million nonfatal work injuries in 2012.
Living as a tenant in a apartment or house in California requires payment of monthly rent to your landlord. Clearly, it is your obligation to pay rent in exchange for living at a property that is owned by another.
According to the U.S. Food and Drug Administration (FDA), India's pharmaceutical company Lupin Ltd is recalling 9,210 bottles of the infection-preventing drug Suprax because of a failed purity test in the United States.
Some family members may challenge the distribution of a wrongful death settlement, arguing they are entitled to damages because they were dependent on the deceased. An attorney can help Clarksburg families protect their right to damages.
Parents warn their teenagers about the dangers of risk driving habits, but data shows that many parents engage in the same dangerous driving behavior that they warn their children against.
Car accident victims may suffer terribly in the aftermath of the wreck. They may be forced to cover the costs of significant property damage, emergency medical treatment, doctor’s bills, and even long-term rehabilitation
Many people are simply not aware of the dangers that defective swimming pool, wading pool, spa and hot tub drains have until it is too late, especially when children are involved
Accidents involving large commercial trucks may occur for a wide variety of reasons, with numerous potentially responsible parties. According to the Federal Motor carrier Safety Administration (FMCSA), drivers are ten times more likely to cause commercial truck accidents than other factors, such as improper cargo loading, vehicle malfunction, or inadequate truck maintenance.
The Georgia Department of Public Health (DPH) and federal regulations enacted by the U.S. Consumer Products Safety Commission (CPSC) have established safety requirements to help prevent drowning and swimming pool accidents.
Car safety features like airbags and seatbelts marked significant advancements in safety. Now, new safety features are making our vehicles even safer. More advanced features do not just protect occupants from injuries in an accident, but work proactively to minimize the risk of an accident.
Traumatic brain injury (TBI) is one of the more severe injuries resulting from pedestrian accidents in Dallas every year. While short-term consequences like headaches, disorientation and memory problems may reduce in severity and intensity over a period of time, some victims may suffer long-term or permanent consequences including impaired cognitive abilities, motor dysfunction and psychological distress.
The goal of any personal injury lawsuit is to prove negligence. Once this has been achieved, then there is a need to show causation. This is where the plaintiff needs to show that the negligence of the party is what led to any injuries. If an injured party can prove both negligence and causation, then there will be a determination needed for damages.
Individuals and families purchase life insurance policies for one reason: peace of mind. The purpose of life insurance is to provide protection in the rare but devastating event of the death of a loved one.
The U.S. Coast Guard recently released statistics regarding recreational boating fatalities. The good news is that fatalities are down nearly fourteen percent in 2013 from the year before. This decrease reflects a concerted effort to encourage boating safety.
The U.S. Consumer Product Safety Commission (CPSC) has announced a recall of three models of the Nap Nanny ® infant recliner chair/bed made by Baby Matters, LLC of Berwyn, Pennsylvania. The Nap Nanny is a portable infant recliner designed for sleeping, resting, and playing. It includes a shaped foam based fitted with a fabric cover and three-point harness.
Workplace forklift accidents are one of the most common types of work accidents in the U.S. Injured workers often want to know how medical bills are paid. This article discusses how medical bills are paid after a workplace forklift accident with a focus on PA and NJ law.
No matter how careful while driving, there is always the possibility of becoming involved in a car accident. For most first-timers, an accident can be cause for fright and panic. Initially, drivers involved in accidents suffer shock as a result of the impact and then are forced to deal with physical injuries, property damage, and possible medical bills. The hassle of dealing with insurance companies and the other negligent driver can be confusing and time consuming.
Traumatic brain injury occurs when a sudden trauma results in brain damage. Unlike brain-related problems dating all the way back to birth, traumatic brain injury is a form of acquired brain injury.
Those operating golf carts in Florida should understand that the Florida legislature intends to protect persons and property from the all-too-common accidents associated with golf carts and other motorists and pedestrians.
When the intentional or negligent actions of another lead to death, certain family members of the deceased may be entitled to recover damages in a wrongful death lawsuit.
Personal injury attorneys typically handle swimming pool injury or drowning cases. However, drowning claims and swimming pool negligence claims have many unique issues that the typical injury lawyer may not have the requisite experience or expertise.
Every parent hopes their newborn child will enter this world happy and healthy. In most cases, this is exactly what occurs. In some rare instances, however, newborn children may suffer from a birth injury. Following are ten of the most common birth injuries experienced by newborns in Georgia.
Every year, car accidents lead to a substantial number of serious kidney injuries. Motor vehicle safety devices such as seat belts and airbags have saved countless lives and prevented injuries for many individuals involved in car accidents. Seat belts are designed to prevent chest and other internal injuries by dispersing the force of a collision across two of the body's sturdiest areas: the upper chest and the pelvis.
Confusion often surrounds the question of whether or not a car in a funeral procession can run a red light. Additionally, the probability of a serious car accident occurring involving personal injury increases if you have a long line of cars running through a red light during heavy traffic such as in New York City.
Slip and falls are one of the leading causes of accidental injuries in the United States. In fact, these unfortunate instances account for nearly 9 million emergency room visits annually. While young and old people get involved in such mishaps, the elderly are considered high risk with one-third of those who are age 65 or older suffering falls every year.
Just last month, the issue of drowsy driving was brought to the attention of the nation when a sleepy truck driver plowed into famous comedian Tracy Morgan, killing his passenger - fellow comedian James McNair - and critically injuring Morgan and his other passengers.
No matter a driver's reasons for leaving the scene of an accident, you, the victim, are still left high and dry without compensation to help you pay for your injuries or to fix the vehicle's damage. On the other hand, there still are many options for legal recourse and compensation.