Personal Injury Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Personal Injury.
Motorcyclists are at a heightened risk of injury due to their lack of protection. Unfortunately, a substantial amount of motorcycle accidents are the fault of the motorist as opposed to the motorcycle rider, which gives them legal grounds to pursue compensation for their injuries.
If you've been in an accident, you are probably trying to ensure that your property damage and medical bills are paid by the insurance company. Well, to do this you will need to work with the adjuster - which can be more difficult than you realize.
Workplace injuries vary from job to job, but an injured worker should follow these guidelines regardless of their job title. These actions following a workplace injury will help expedite you receiving your workers' compensation benefits.
Countless unsafe and dangerous toys line toy store and supermarket shelves each and every day. In many cases they aren’t removed from the shelves until after an innocent child is injured or killed by one of these dangerous products.
Construction accidents are the leading cause for South Carolina workers' compensation claims. Job sites are inherently dangerous, but many people are surprised at some of the construction accident injuries that result in workers' compensation claims.
In the United States, the majority of worksite injuries are covered under workers’ compensation insurance and/or third party claims. These claims allow injured workers the ability to rebuild their lives after they have suffered needless injuries.
Large commercial vehicles pose a significant threat to other drivers and passengers on the road. When a truck driver makes a mistake it can have tragic consequences for those involved.
Cerebral palsy refers to a neurological condition that can affect a child anywhere from infancy to young childhood. This can cause serious damage to the muscle coordination of a child through damage to specific sections of the brain; however, is typically a static condition.
Every year thousands of people are victims of sexual abuse. Sexual abuse victims have the legal right to sue their abuser in a civil lawsuit; therefore, allowing them to seek damages for the physical and psychological affects they suffered as a result of the abuse.
After several brawls and other instances of violence resulting in personal injury at sporting events in California, new rules for attendants have been issued at stadiums throughout the state, and officials are discussing creating harsher penalties for offenders, explains a local attorney.
Similar to car accidents, the majority of boating accidents are preventable. Every year thousands of people are seriously injured or killed in a boating accident; many of which were caused by negligence.
Long-term use of non aspirin anti-inflammatory drugs is associated with an increased risk of renal cell cancer, according to a new study.
According to a report by the National Highway Traffic Safety Administration (NHTSA), in 2008, the State of California ranked number two in the list of states with highest number drunk driving-related fatalities, with 1,269 deaths recorded.
When you’ve been seriously injured in an accident due to someone’s negligence you can file a personal injury claim. A personal injury lawyer can help.
Knowing what to do, and where to turn to, are the most important things if you are in an auto accident. It doesn't matter if you are the person being sued or if you are the person bringing a claim. The difference between doing things "right" and waiting or making "mistakes" can be costly. In this article, the author explains what you should know if you or a loved one are in an auto accident.
Trying to find a good personal injury lawyer? Here's a guide to help you find the best attorney for your case.
Most personal injury clients come to their attorney with a history of some prior injury or pre-existing medical condition. The question is: how will the pre-existing injury affect the new claim?
Wrongful Death is a complex personal injury is a civil matter that is often accompanied by criminal charges. Proving wrongful death is independent from the criminal charge and requires experience that only come with years of practice.
Insurance company claims denials may result in you having a case against them for "bad faith".
When a married car accident victim suffers from disabling condition, his or her spouse will normally have to worry about expenses for medical bills, medications, pain and suffering, and loss of income. Generally, no one pays too much attention about loss of consortium.
Electrical shocks can range from a mild discomfort to death. Electrical shock is a cause of workplace injuries that often results in long term disability and death. The following are the leading causes and recommendations of how to prevent them from occurring.
The diabetes drug Actos has been linked to bladder cancer. Actos acts as a foreign agent that can lead to mutated cells and cause cancerous tumors.
Vehicle accidents involving teenagers are a growing concern in the country. According to statistics, car accidents are the leading cause of fatality among teenagers aged 15 to 20. A 2009 study by Centers for Disease Control and Prevention (CDC) reports that eight teens are killed due to car accident injuries each day.
If an intoxicated person is served alcohol and, as a result, causes injury in a drunk-driving accident in Georgia, the victim can bring a claim against the server, whether a shop, eating or drinking establishment, or a home owner under Georgia dram shop liability laws.
There are many types of accidents and injuries that lead to personal injury law suits, but the process remains basically the same. The following is not intended as free legal advice or an exact process for handling your own law suit. It is intended to help you better understand the process so you can choose your lawyer with confidence.
A dictionary defines pain as the sensations one feels when hurt, mentally or physically, suffering the bearing or undergoing of pain, distress or injury. Some jurors see pain and suffering as a person's attempt to get money for nothing or a shot at winning the lottery. The burden falls on the plaintiff's attorney to convince the jury that although pain is subjective, it is very real for the person who is in pain.
The Texas legislature in 2007 amended the laws that deal with medical malpractice cases. Texas Civil Practice and Remedies Code Sec. 74.151, entitled Liability For Emergency Care, now states that a person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency unless the act is wilfully or wantonly negligent.
Lawsuit filed over allegations of child abuse and molestation by an employee of Ameriken Caring Services, Inc., which was contracted by the Peabody School Department, to transport children participating in school's summer program.
If a physical or sexual attack takes place on a commercial property, the victim may have a claim based on negligent security law.
Southern California needs to have safer drivers. According to Allstate Insurance Company’s annual “Best Drivers Report,” the most unsafe drivers may be found in Southern part of the State. The report determined the country’s 200 largest cities in terms of car-collision frequency.
With so many dual-income households and single parents, many parents have no other choice but to entrust their children in someone else’s care. Unfortunately, not all day care facilities provide safe and nurturing care for young children, and when neglect or child abuse threatens the health and safety of a child, their parents may have the legal right to pursue damages in a lawsuit.
If you or someone in your family has recently been injured in an accident, your short- and long-term healing plans likely include both traditional and CAM treatment. You are most likely already familiar with traditional treatment and therapies like prescription drugs, physical therapy, occupational therapy, and speech therapy. But this may be for your first introduction to CAM.
Passengers of cruise ships can become seriously injured in a cruise ship accident, the same as any place else. Injured passengers must take immediate action before the statute of limitations expires.
In most states, if you have a previous medical condition that is made worse in a car accident, you are entitled to recover.
Despite strict implementation of traffic rules, and constant reminder of certain state government agencies about driving safely, car accidents in California still remain a significant problem. According to estimation by the National Highway Traffic Safety Administration (NHTSA), about 4,000 vehicle accidents occur each year in California alone.
If you've been in an accident, it is important to get a copy of your police report. If you plan to bring a personal injury case to the other driver's insurance company, the police report can be an important piece of evidence for proving liability and damages. Read more about how to request this report.
In 2009, drunk driving fatalities accounted for 32% of all traffic deaths. That works out to one person being killed in an alcohol-impaired accident about every 50 minutes in the United States.
The U.S. Senate is pushing legislation that would give more power to the Federal Motor Carrier Safety Administration.
The law firm has created a new website, www.BuckfireBooks.com, which makes its complete library of books available to the public. Visitors can request the books online or download them instantaneously. The website colorfully displays each book and describes the benefits of each book to the consumer. Each book has been carefully written in plain English to help injury victims understand their legal rights and the legal process.
Many people think that if they are injured in a hit and run accident cannot make a claim for personal injury because the other driver is no-where to be found. This is definitely not the case. You can make a claim on your own policy under the uninsured motorist coverage which, is typical coverage that you pay for when getting your policy.
The diabetes drug Actos has been linked to bladder cancer. These are frequently asked questions regarding the actos-bladder cancer link.
Car accidents are the most common source of personal injury actions in the United States. As a result, your South Florida car accident lawyers know that it is highly likely that you or someone in your life will be involved in a car accident that leads to personal injuries at some point.
A rowdy pool party turned into a tragedy at the home of a Houston Texans defensive end player. Authorities do not suspect foul play in this swimming pool accident.
A recent study conducted by the Insurance Research Council (IRC) reports that on average one in seven drivers in the U.S. are uninsured. Although the incline dropped slightly in 2009, current estimates of the number of these drivers reach as high as 28 percent in states notoriously known for their record level of uninsured motorists.
Finding a babysitter in California may get a lot more complicated! If Assembly Bill No. 889 is passed, a Friday night date could face extreme changes.
Our most important piece of advice for every driver on the road in Southern California: make sure you have uninsured motorist coverage, and plenty of it.
The United States Coast Guard maintains a statistical database that breaks down the number and type of accidents in any given year.
The story is always the same: it wasn’t my fault. But statistics refute the statement.
Truck accidents are almost always more hazardous to normal road-going motorists than to the truck drivers.
Drowning is the sixth leading cause of unintentional death, with nearly ten people per day dying from drowning.
Catastrophic accidents, such as crashes and collisions involving cars, trains, buses, motorcycles or airplanes - often have devastating and life-altering consequences.
In an Oregon accident case, there are four common ways to conclude a personal injury lawsuit: negotiation, mediation, arbitration, and trial. This article discusses all four and offers basic descriptions of each.
Nearly 17 percent of nurses who work in outpatient chemotherapy infusion centers reported being exposed on their skin or eyes to the toxic drugs they deliver, according to a new study.
When they were first released into the athletic footwear market, Skechers Shape-ups received a lot of media coverage for the unbelievable results they promised and their unexpected popularity. Skechers success with the Shape-up toning shoes led other manufacturers like New Balance and Reebok to join the toning shoe bandwagon.
In many personal injury or disability cases, the Insurance Company will request that you attend a medical exam with their doctor. This is not a doctor that treats you or has a doctor-patient relationship with you. Instead, this is a one time exam. The exam is for their doctor writing a report on the cause and/or severity of your symptoms and injuries.
This article provides information about the leading causes of elevator accidents and advised of your rights if you are injured in an elevator accident.
Siblings of those who have been hospitalized with potentially lethal blood clots in the legs or pelvis are more likely to also suffer the disorder than those with healthy siblings, according to new research.
The author discusses what steps you should take after a car accident to preserve your rights whether you are going to bring a personal injury lawsuit or not.
What are PIP benefits? People always ask me what PIP benefits are. In Massachusetts most policies have what is called personal injury protection benefits or PIP. Pip benefits are no fault benefits which means you are entitled to collect these benefits after a car accident whether or not you were at fault or not. Often times more serious car accidents result in injuries to passengers or driver.
People love their dogs and why not they give you affection and unconditional love. However, certain breeds and certain dogs can become aggressive and violent if they feel threatened and are territorial. This does not necessarily mean the dog is a bad dog or it should be killed or sent away. Most dog bites and maulings occur as a result of the negligence of the dogs owners.
When animals go wild, accidents may always happen. One thing is certain: the skies are not only for airplanes but also for birds. In the United States, many airline companies are in risk of getting involved in unexpected airplane accidents due to bird strikes.
Accidents are terrifying, often life-changing and traumatizing events. Any accident that involves an injury is tragic, no matter the circumstances. Those that result in disfigurement or disability are especially painful for the victim and his or her loved ones because of the profound life-changing impact such an injury can have on someone’s quality of life.
You will experience continuous pain in the spinal area and should be examined by a licensed physician to determine whether a fracture has occurred and if it has, the severity will determine what action needs to be taken.
If you've been injured at a friend's house, seeking compensation can be more difficult emotionally. But you need to remember that you aren't filing a personal injury claim against your friend - you are filing against their insurance. And this is necessary if you want to pay your medical bills and get compensated for your lost wages.
An examination under oath in Massachusetts is usually used by insurance companies as a tool to deny coverage of PIP benefits. In Massachusetts auto insurance carriers are required to pay for PIP benefits to the inured passengers, drivers or pedestrians. They are required to pay for reasonable and necessary medical bills, lost wages, replacement services and other accident related expenses.
Employees who operate company vehicles or personal vehicles while on the job are entitled to the same protections under the workers’ compensation laws as workers who spend all of their time at the workplace. Therefore, if an employee is injured in a vehicle accident while performing their job, they may be entitled to workers' compensation benefits.
Each year, millions of people visit Yosemite National Park in California. While some come to see the cascading waters of Bridalveil Fall or Vernal Fall, many come to make the nearly 9 mile trek to Half Dome. Making the final 400-foot ascent requires that hikers use cables to climb the rock, a dangerous feat that has resulted in numerous fatalities and even more cases of personal injury over the years.
Obesity, heart disease, and sleep apnea are just a few of the medical conditions that are prevalent among truck drivers in the United States, leading many legislators, lawyers, and safety advocates to question why the responsibility of operating some of the nation’s deadliest vehicles is entrusted to one of its unhealthiest populations.
Individuals who work outdoors are especially susceptible to the impact of high temperatures on the body; specifically, they are prone to suffering heat-related illnesses and death. Although California introduced rules for employers requiring them to provide water, shade, training, and rest to employees who work outdoors in 2005, such illnesses have remained a problem in the state.
Tips and tricks for automobile accidents.
Getting medical bills paid after a dog bite starts with finding out if the owner has homeowners insurance.
Jobs that involve the use of heavy machinery are associated with the risk of injury. For injured workers, these injuries are typically covered under workers’ compensation insurance and/or a third party claim.
Every year, thousands of pedestrians are injured by a motor vehicle. The state of Florida is listed among the top four most dangerous states for pedestrian fatalities nationwide – a sobering statistic for the residents of Florida.
When a person dies due to the negligence of another, the survivors of the victim may be able to bring a wrongful death claim. This article provides general information on wrongful death claims in Georgia and who may be entitled to bring such a claim.
When innocent people are killed because of the negligent or careless actions of another person – their dependents may have legal cause to sue in a wrongful death action. Wrongful death lawsuits provide compensation for the surviving family members who were dependent on the decedent for emotional and financial support.
Considering how much time workers spend on the job, work-related injuries are unfortunately commonplace. Fortunately, many of these injuries are covered by the employer’s workers’ compensation insurance.
If you're involved in a personal injury case, or considering hiring a lawyer to help you with an accident claim, you need to know: the attorney/client relationship is important, and should be open and communicative. Read this article for 5 things your personal injury lawyer will need to know during your case.
The diabetes drug Actos has recently been linked to Bladder Cancer. Some in the Native American community were prescribed Actos, as they have a higher risk of developing diabetes.
According to the Ethiopian law a person will be liable for the damage he causes into another by offense, even if there is no any under taking on his offense. This means, the person will be liable to another person on which he calls damage without any contractual relation between them. In addition a person is liable for the damage he causes to another by an activity in which he engages or by an object he possesses.
Traumatic brain injuries (“TBIs”) among young athletes have garnered increased attention recently, due in large part to a growing awareness in the medical and athletic communities regarding the prevalence and potentially devastating effects of head injuries in youth sports.
An article reviewing a case of medical malpractice against Scranton Hospital.
An article highlighting a recent case of a three-vehicle automobile accident involving a tractor-trailer and two recreational vehicles ignited a fire and injured one person on a New Jersey turnpike.
A smaller and better world, this is what social media channels promise to people. Since the establishment of social networking sites, such as Facebook, Twitter, MySpace, and LinkedIn, its users never failed to stay connected with their friends and online acquaintances. However, despite its obvious advantages, social media sites also have their setbacks especially to those people with pending personal injury cases.
Every year there are senior citizens that are neglected, abused or financially exploited. Unfortunately, the people who take advantage of the elderly can be the very people who are entrusted to care for them.
The jury assigned liability as follows: Paschen and Nielsen, 75 percent; a subcontractor for which Paschen and Nielsen were liable, 15 percent; and Lynx, 10 percent. The jury awarded $1.6 million to recover damages in past and future medical expenses and past wage loss.
They jury found Beechcraft 20 percent responsible and Sidaras 80 responsible. The family was awarded $7 million dollars. The award was offset by $1.8 million because of Beechcraft settlement.
When most people think about nursing home abuse and neglect, they think in physical terms. There are different types of nursing home abuse and neglect, including emotional or psychological, financial, physical and sexual.
Do you know the signs of nursing home neglect? It is essential that when you have an elderly loved one in a nursing home or elderly care facility you can recognize the signs of neglect.
Many people who have elderly loved ones in nursing homes may at one point or another suspect abuse. You may notice bruises or red marks, weight loss, or even that your loved one seems to be quiet or hiding something.
In recent years, nursing home abuse has become a serious and growing problem in the U.S. In fact, about 1/3 of the nursing homes and elderly care facilities in the nation have been cited for abuse at one time or another.
Why you should not accept the insurance company's first offer.
In the State of California, every dog owner is legally required to have their pet vaccinated regardless of the animal’s health condition. Certain animal rights advocates and an assemblyman think that the present animal regulation laws in California are not pro-animal at all.
Actos is a prescription diabetes drug but it has recently been linked to bladder cancer.
According to the most recent statistics, there are approximately 4.7 million dog bite victims in the U.S. each year. Of those attacks, young children, ages five to nine, were more likely to be bitten, than any other age group.
Every year millions of people suffer from life-changing catastrophic injuries. When such injuries are sustained due to the recklessness or negligence of another person or entity, the victims may have legal recourse against the legally liable party.
Car accidents are the leading cause of death to children in the United States. In fact, motor vehicle accidents and child passenger safety is one the leading public health problems that America faces.
The inherent risk of serious or fatal personal injury fireworks carry has long made them a vigorously regulated commercial product in California and throughout the country. With the first law passed in 1939, today the state only permits the non-professional use of a select few types of fireworks, specifically, those labeled “safe and sane.” All fireworks that explode and rise into or project through the air are prohibited, as they tend to be more dangerous.
Personal injury protection (PIP) is the first resource you have to pay medical bills after an accident in Oregon. Learn how to use PIP and the advantages it offers over health insurance. This could save you money and reduce the stress of medical bills and treatments.
FDA has issued a warning that there is an increased risk of bladder cancer in certain patients taking Actos. The risk seems to be considerably higher for those that take the drug at higher cumulative doses and for longer periods of time. Although Actos continues to remain on the shelves of drug stores in the United States, the drug is under a long-term observational study by the FDA. France and Germany have suspended the drug, due to the mounting concerns for its citizens.