Personal Injury Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.
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.
Construction-related deaths often result in civil wrongful death lawsuits.
The New Jersey Supreme Court recently ruled that a condominium homeowners’ association should be held liable for injuries sustained by an individual after slipping on a sidewalk where ice had not been cleared.
The Association of American Railroads claim stating 2014 was “the safest year on record for the railroad industry” is under scrutiny by train safety advocates. Five train accidents, including the catastrophic Amtrak train derailment in Philadelphia, have occurred this year.
A Los Angeles doctor is facing a lifetime in prison for her alleged role in the drug overdose deaths of at least three of her patients.
California workers' compensation makes available to the injured worker a bundle of insurance benefits. The purpose of those benefits is to help the hurt employee recover from their injury by providing medical care as well as financial benefits to offset temporary and permanent earning loss that results from a work related accident injury. This article outlines the different benefits that are potentially available to the injured worker under California law.
Motor vehicle accidents comprise a large proportion of personal injury cases. Determining which party is liable for the accident requires a careful analysis of the claim. Before a party is entitled to receive compensation for a motor vehicle accident, the plaintiff must be able to show specific elements.
By MMLC Group
China has experienced significant food quality controversies in recent years, bringing food safety and security to the limelight. Here, we review the new law noting what areas have been strengthened and how the regulations will be enforced.
Learn what Social Security Disability benefits are and when you can obtain them.
Workers’ Compensation is a statutory system of providing benefits for physical harm that arises in the course and scope of (i.e., during) employment.
All over the news are stories about Volkswagen cheating their emissions tests to improve sales and get approval for their vehicles. This has left millions of consumers feeling betrayed, cheated, and angry. As a result, many wonder what their legal options are. Chief among those options is the question of whether to join one of the many class action suits against VW.
Obtaining Compensation for Brain Injuries Often Leads to a Complex Legal Showdown with Insurance Companies
Brain injuries change lives. They change the lives of the victim as well as the lives of their family members. Many people need life-long therapy or care after a traumatic brain injury (TBI), some may not be able to leave a medical care facility.
It's a day nobody thinks about, but then it happens. A person is involved in a car accident. Nobody wants this in their life. When this day arrives, they could be facing a difficult situation. Car insurance is something most people pay for every month and hope they never have to use. People are often disappointed when they become aware of the many things their car insurance may not cover. This is when they realize the insurance company wants to pay them as little as possible for their accident.
You have to deal with the insurance company in every premises liability case. For that reason, there are several things to bear in mind. Insurance companies will use various tactics in the hope of convincing you that your claim is not that serious.
The Internet has allowed people from across the globe to connect, but it has also provided a way for people to surround themselves in mystery by making anonymous posts. However, abusive posters and people who attack the characters of others can be discovered and even sued for comments that they make online.
To make a personal injury claim, medical evidence is mandatory. Unfortunately, if the medical report is unable to link your injuries to the accident, it will not be possible to take your claim further.
In order to file a claim against a driver who hit you while walking you need to prove that you were not at full fault for the accident. If the driver can prove that this was a distracted walking accident and you therefore contributed to it by not paying attention to your surroundings, you may not be able to recover as much or any of the settlement to which you are entitled.
Neighbor disputes can crop up due to a number of issues, but water damage issues due to the landscape of a neighbor’s property or naturally-occurring condition are some of the most common. The respective rights of each property owner depends on the specific circumstances involved in the case and local and state laws that address the subject.
Diabetes Drug Actos Linked to Bladder, Prostate, and Pancreatic Cancer Risk; Thousands File Lawsuits
The diabetes drug Actos has been linked to an increased risk of bladder cancer. Takeda Pharmaceuticals, the manufacturer of the drug, has agreed to pay a $2.4 billion settlement to resolve lawsuits alleging that the company hid its knowledge about the link between Actos and bladder cancer from patients. Recent studies have also suggested that Actos may be linked to an increased risk of prostate cancer and pancreatic cancer.
If you were injured in an accident, and someone is at fault for that accident, you may be able to recoup money for your injuries. Unfortunately, it can be challenging to do this on your own, which is why there are many benefits to hiring an Injury Law Firm to assist you with this. If you have never been involved in this type of law suit, you may have many questions about injury accident settlements.
Motorcycles are everywhere, and drivers of cars and trucks should watch out for them. A motorcycle accident is potentially more dangerous than a typical car crash. Motorcycles aren’t outfitted with airbags, seat belts, steel cages, or other typical safety features found in cars and trucks.
Lawmakers in Pennsylvania are reviewing multiple provisions to discourage speeding in highway work zones.
What is the one place most people spend more time in than even their own homes? Even if you discount all those hours staying late at the office when you need to meet deadlines, and consider only the typical 9 to 5 workday, you still spend nearly one-third of your adult life in your workplace.
Being involved in a hit and run accident can be confusing because the person who is at fault may not have been identified. However, the accident victim still has to handle other aspects of his or her case, such as seeking medical attention and initiating the claims process.
Making a police report can be a serious step that some people may prefer to avoid. On the other hand, speaking to a lawyer may not always be the first advised step. Being sure whether to contact the police or a lawyer can help individuals protect their legal rights.
One of the first things that many clients ask is “will my case go to trial?” This question comes from every type of case. It’s understandable that you’ll want to get an idea of what you’re getting into before talking to a lawyer, and rest assured, most personal injury cases will settle outside of court.
Violence is rarely the answer, and this is especially true in the workplace. Yet, physical attacks can and do occur every day. When they happen at work, this creates a whole suite of considerations that can make the experience even more worrisome and problematic.
Most drivers exercise caution when they are behind the wheel. However, even though you may be driving cautiously and doing everything in your power to avoid an accident, there are still other drivers on the road who may be negligent. That is why people find themselves in a car accident every day.
When people imagine car accidents, they think of the physical pain that the victim suffers, or the trauma of the accident itself. What people don’t realize is that car accidents can cost a lot of money.
Researchers from Canada have identified a new health risk to worry about during pregnancy: car accident injuries.
Learn how the Inferior Vena Cava or IVC filters work and what lawsuits are being brought against the medical device.
Dog bites occur all the time across the country. Something many people do not realize is that you have legal rights if a dog bites you. You can file a claim to be compensated for anything from medical bills to lost wages.
Injuries from slip and fall accidents in stores are very common. There are many opportunities for customers to become injured.
As the end of the summer draws near, tens of thousands of Illinois students and their parents are actively preparing for the upcoming school year and the changes it will bring.
Question: I took my car in for service and when it was returned, my transmission was no longer working properly. The mechanic said that he didn’t do anything to it, but the vehicle was working perfectly when I left it at his place of business. I am not sure what type of lawyer I need or what I can do about the situation.
Learn the necessary steps to take to find a lawyer you feel comfortable representing you.
Learn what you can do to strengthen your personal injury claim when working with insurance adjusters.
Fluoroquinolone antibiotics that are frequently prescribed for sinus infections or urinary tract infections can cause permanent nerve damage (peripheral neuropathy). The FDA has now acknowledged this and is reviewing warning labels now. Learn about the dangers of the dangerous, common drugs.
The insurance industry and corporate interests have worked for decades to sell the story of “tort reform,” the idea that “frivolous lawsuits” and the high cost of health care can only be stopped by limiting people's right to sue for damages.
Secretary of State, John Kerry, knows all too well how devastating bicycle accidents with motor vehicles can be when a car collided with his bicycle in May of this year.
Millions of people are bitten by dogs each year in the United States. It might be a neighbor dog that was previously friendly, or a strange dog that you encounter while out walking. Either way, dog bites and attacks can cause serious injuries, and national headlines reflect horror stories of fatal attacks and dog maulings. What do you do in the event that you are threatened by a dog? Should you stand your ground and fight?
When a four-month-old’s parents brought her to the Emergency Room at Tripler Army Medical Center in Honolulu, Hawaii on October 18, 2012, their infant had been suffering from an upper respiratory infection accompanied by labored breathing.
When older Americans become bedridden, they entrust their well-being to medical professionals in hospitals, nursing homes and other facilities.