Personal Injury Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Personal Injury.
When a family loses a loved one as a result of negligence, the wounds can go far deeper than money and the consequences are likely to resonate over many years for surviving family members.
Establishing negligence in motor vehicle wrongful death cases takes considerable expertise to factor in possible causes, including human error, vehicle malfunction, and issues of premises liability.
Wrongful death claims that involve work accidents carry their own burden of proof, understanding the causes of these accidents is an important step toward winning your case.
The law limits who can collect on a wrongful death suit. Family members who are looking for justice should speak with a qualified attorney about the best way to recover what they deserve.
When medical negligence leads to the death of a loved one, it can be a shocking event.
Parties to an accident may try to hold parents responsible for damage caused by their teenage driver.
Authorities have investigated at least 86 cases of sexual violence against elderly and disabled residents of Chicago nursing homes since July 2007, but only one of those cases resulted in an arrest.
December 23, 2010 By Demas Law Group, P.C.
Although most people suffer traumatic brain injuries (TBIs) during somewhat predictable events, each individual’s recovery experience may vary widely. At the time someone suffers a TBI, that individual may be a little girl, a young man with one or more chronic medical conditions, a female college athlete, an elderly person coping with dementia or another person with a completely unique set of circumstances.
On October 20 of 2010, Graco, one of the nation's largest makers of baby products, announced the recall of 2 million strollers. That's right-2 million strollers. Consumer Reports calls it the largest stroller recall ever.
Business groups across the nation have asked the Nevada Supreme Court in an amicus brief to reconsider its decision to uphold a $30 million verdict against Goodyear Tire and Rubber Company in a product liability case.
According to the Center for Disease Control and Prevention (CDC), over 125,000 people in the U.S. have been potentially exposed to HIV and different forms of hepatitis since 1999 due to lapses in infection control practices. Additionally, a 2009 study in the Annals of Internal Medicine noted 33 different outbreaks of viral hepatitis in nonhospital settings over the last decade.
One of the principles that is often at play in litigation is the subject of federal preemption. This concept means that when a state law and a federal law are in conflict, the federal law governs (or in other words, pre-empts the state law). While this may sound like merely legal technicalities, it has very real implications, particularly in products liability litigation.
Birth injuries are potentially-severe injuries that occur during pregnancy, labor or delivery. They often cause significant impairment and can affect the injured child and his or her family for a lifetime. In some instances, the parents of a child who has suffered a birth injury may be able to file a medical malpractice lawsuit against the person or people responsible for the injury.
December 14, 2010 By Law Offices of Jason H. Rubens, P.C.
Tips and information for a Defective Vehicle Personal Injury Claim.
December 13, 2010 By The Mason Law Firm
No one likes getting into an accident and because it is not an every day event, people usually do not know what to do or what not to do. So, here is a simple guideline to tell you what to do and what not to do after a car accident.
December 13, 2010 By Aaron Kelly Law
Many prescription drugs have adverse side effects. Some of these side effects are so severe that they can seriously affect a person's lifestyle and ability to function properly. But there are attorneys who can help you recover monetary damages based on the negative affects occurring in your body.
December 13, 2010 By Charles N. Rock, P.L.L.C.
Other than the death of a child, few events in life can be as devastating as discovering that your newborn baby has a debilitating and permanent brain injury from birth. Because medical liability cases have short time limits, immediately contacting an attorney who is experienced and skilled in dealing with traumatic birth-related brain injuries is essential.
December 13, 2010 By Charles N. Rock, P.L.L.C.
A recent study published in the British Medical Journal (BMJ) reports that low APGAR scores may be an indicator of cerebral palsy birth injury.
December 12, 2010 By Randolph Wolf, Esq
Trucking accidents comprise an inordinate number of highway fatalities across the nation's highways and byways, and New Jersey's rate of these horrific accidents is no exception. In 2007 alone, there were 46 tractor-trailers involved in 43 crashes that resulted in 45 fatalities.
December 10, 2010 By The Mason Law Firm
Do I really need a lawyer? This is a question that I have been asked more than once. Abraham Lincoln once said: “He who represents himself has a fool for a client." Even though I can use this quote, I usually like to use an example such as: “Let’s say you have a tooth ache. Now, you can go to your garage, pick up a pair of plyers and yank that tooth out, or you can call a dentist. Which one would you choose?” The same concept applies when it comes to the law and hiring an attorney.
December 7, 2010 By Karney Law Firm
Motorcycles are dangerous. Every rider understands the risks associated with the freedom of riding a motorcycle.
December 7, 2010 By Karney Law Firm
What you do after a motorcycle accident can have a significant impact on your ability to maximize the compensation you receive for your injuries.
After the insurance company for the responsible driver has made their final offer to settle your personal injury claim, you must decide whether you should accept the offer or file suit against the responsible driver.
On the heels of 29 deaths from a Virginia coal mine collapse and 11 deaths from the Gulf oil rig explosion comes the question of whether third parties can be held liable in work-related injuries.
If you have been in a car accident that injured you, someone else or caused damage to your vehicle, you cannot count on your insurance company to take care of your best interests. The best way to avoid problems with the insurance company is to get your own advocate and hire an attorney.
Bike Walk CT & the Capitol Region Council of Governments Publish Rules of the Road for Cyclists in Connecticut
The Connecticut Department of Transportation, the Capitol Region Council of Governments and the Central Connecticut Bicycle Alliance have published a Share the Road brochure on bicycle safety and bicycle traffic enforcement in Connecticut.
Beginning in 2010, Google Maps has offered routes specifically for bikes. Now, cyclists can use their computers to plot the best route from point A to point B, including the topography and traffic conditions.
At the end of November, 2010 the New York City Department of Transportation officially released a written proposal asking private companies to submit bids to establish a year-round bike share system that would offer 10,000 bicycles at about 600 stations throughout Manhattan.
As the world continues to struggle with voracious energy demands, traffic congestion, and global warming, many communities are looking to promote bicycle use among young people as an alternative to cars.
December 3, 2010 By Solomon & Relihan, P.C.
When a pedestrian gets injured they have no airbags, seatbelts, safety cage or any other way to shield themselves from such a traumatic impact.
November 29, 2010 By Glusing & Muher, LLC
Have you been seriously injured at work? Learn about how workplace compensation disability eligibility is determined, and how to properly file your claim.
November 28, 2010 By Cindemir Law Office
In this article, you can find relevant responses for the questions concerning traffic accidents. Compensation and civil law procedure is explained with details in accordance with Turkish Law.
November 25, 2010 By Mesriani Law Group
Under the law in California Section 3342 of its Civil Code specifically provides that, “The owner of a dog is liable to anyone bitten by their dog who is in a public place, or lawfully in a private place, including the dog owner's property regardless of whether the dog has ever bit anyone before and regardless of whether the owner knew the dog had bitten anyone before”.
November 23, 2010 By Aaron Kelly Law
DePuy Orthopaedics, a division of the well-known Johnson & Johnson Company, has issued a recall of its ASR hip replacement and implant systems. The ASR Hip Resurfacing System and ASR XL Acetabular Hip System are both part of this hip replacement recall.
November 23, 2010 By Aaron Kelly Law
On August 24,2010 a volunteer hip replacement recall was issued by Depuy Orthopedics, a division of Johnson and Johnson. The ASR XL Acetabular metal-on-metal hip replacement system has shown to have a 13% failure rate within the first 5 years.
November 23, 2010 By Michigan Auto Law
A harsh reality is that an insurance claims adjuster’s job is to pay out as little money as possible to the accident victim or their family. This article provides helpful tips to help you deal with an insurance adjuster after a car or truck accident.
November 22, 2010 By Theodore Babbitt Attorney
Road accidents are dangerous enough, but even more so when a truck is involved. What should you do right after a truck accident, and if you're injured, how can you file a claim? Here's a short guide.
November 18, 2010 By Dane Shulman Associates, LLC
Massachusetts finally may be seeing a change to its antiquated snow and ice rule. In early February, the Supreme Judicial Court (SJC) heard oral arguments in a case challenging the existing rule regarding property owner liability for injuries caused by snow and ice.
November 17, 2010 By Mesriani Law Group
According to the Centers for Disease Control and Prevention (CDC), it is estimated that 890,000 US children aged 1-5 years old were found to have high levels of lead in their blood.
November 16, 2010 By Paul Giannetti, Attorney at Law
Car accidents can be a nerve-wracking experience. If you got into a car accident while driving for work, would you know what to do?
November 16, 2010 By The Mason Law Firm
According to 2008 statistics compiled by the National Highway Traffic Safety Administrations, 4,378 pedestrians were killed and 69,000 were injured in traffic accidents in the U.S. This means that on average, 1 pedestrian is killed in traffic accidents every 120 minutes and 1 pedestrian is injured every 8 minutes. Most pedestrian fatalities occurred in urban areas (72%), at non-intersection locations (76%), in normal weather conditions (89%), and at night (70%).
November 11, 2010 By The Babcock Law Firm, LLC
What should you do if your workers compensation doctor is not providing the proper care you need. If the doctor your employer’s Workers’ Compensation insurance carrier sent you to draws a conclusion you feel will not adequately address your injuries, there IS a mechanism to make a change…albeit not quite as simple as changing your family doctor.
November 7, 2010 By Obradovich Law
In this case report we examine the effect of actual knowledge of a claim, the existence of a medical expert opinion report and the exercise of due diligence on the limitation period defense in a medical malpractice action in an Ontario case.
November 4, 2010 By Mesriani Law Group
In the United States, negligence is the main cause for accidents and unintentional injuries. Statistics from the Centers for Disease Control and Prevention (CDC) show that accidents or unintentional injuries is the 5th leading cause of death in the country and the reason for some 27.7 million emergency department visits every year.
November 4, 2010 By Demas Law Group, P.C.
There will always be a group of people who love nearly every dog breed. Furthermore, when specially trained, some rather large dogs help America’s disabled handle critical daily living tasks. Yet some rather aggressive dogs still need to be watched closely. They should never be given as pets to small children and those who exhibit a poor sense of balance when walking.
November 2, 2010 By Greene Broillet & Wheeler, LLP
A recent Chrysler recall brings to mind the company's problems in past years with Dodge Intrepid police vehicle fires.
November 2, 2010 By Glusing & Muher, LLC
Have you suffered from a burn injury? What types of burns are most common, and how do they happen? What can be done to help take care of the medical bills? Whether serious or minor, if the incident was caused by another person, you might want to seek the assistance of a lawyer.
October 26, 2010 By Demas Law Group, P.C.
Looking good is often associated with looking young. As such, many people fear growing old because it will make them look ‘uglier’ and not as eye-catching. Now, if you are used to having people admire your looks, than having this kind of attention decrease can be hard to adjust to.
October 25, 2010 By Paul Giannetti, Attorney at Law
What will your lawyer need to know after your car accident? You can never be too detailed. Here are a few actions you should take in the immediate aftermath so as to better your chances of success in a car accident injury case.
October 19, 2010 By Law Offices of Jason H. Rubens, P.C.
This article gives a basic overview of the Workers Compensation Benefits that are available and the process to receive a workers compensation settlement.
October 19, 2010 By Demas Law Group, P.C.
New data from the California Highway Patrol shows that cell phones are not the leading cause of injury causing or fatal accidents in the Sacramento area. In fact it is fiddling with the radio that could get you killed. The Sacramento Bee reported these surprising findings on October 5, 2010. These statistics were determined by data acquired over the last two years, even before the hands free law was put into practice.
There’s an interesting lawsuit pending in Florida that addresses just this issue. The lawsuit, Janowski v. Publix, may not be permitted to go forward based upon a Florida statute enacted in 2003, which effectively prevents any lawsuit by injured workers against their employers. However, the plaintiff’s attorney contends that the 2003 statute is unconstitutional to the extent that it prevents access to the courts.
Simpkins v. CSX Corp., No 5-07-0346, raises the novel issue of whether an employer owes a duty to the spouse of an employee who contracted mesothelioma as a result of her exposure to her husband’s work clothes. This was an issue of first impression for the Fifth District of the Appellate Court of Illinois.
In late June, the U.S. Consumer Product Safety Commission (CPSC) announced a recall of over 2 million baby cribs. The suspect cribs were manufactured between 2000 and 2009 and most of the recalled cribs have “drop-sides,” which were intended to make it easier for the parent to reach the baby.
Tannehill v. Costello, No. 1-09-0868, addressed this unusual issue. In it, the Appellate Court, First District of Illinois considered whether the defendant owed her neighbor a duty of care under the rescue doctrine.
The Appellate Court of Illinois, First District, recently addressed the issue of whether a release signed by a plaintiff before she embarked on a paid tour of Chicago precluded her from bringing a personal injury lawsuit based on injuries that she sustained during the tour.
In Anderson v. Zamir, No. 5-08-0542, the Appellate Court of Illinois, Fifth District, took the unusual step of reversing a jury verdict and remanding the case to the trial court for a new trial on the issue of damages.
October 18, 2010 By Mesriani Law Group
Construction accidents are often caused by several factors which include unsafe work practices and site conditions, failure to use safety equipment, and lack of safety training. Common accidents may include explosions, falls, burns, electrocution, and exposure to toxic chemicals.
October 18, 2010 By Michigan Auto Law
This article is for personal injury attorneys who deal with Michigan auto accident cases. You will learn important advice on how defense law firms and auto insurance companies use Independent Medical Exams (IMEs) to minimize your client's injuries and lessons for how to successfully handle these issues.
October 15, 2010 By Frekhtman & Associates
If you are planning to file personal injury compensation or claim then you should follow these steps as these can help you get compensation for your injuries in the event of a car accident.
October 15, 2010 By Frekhtman & Associates
New York (NY) car accident lawyers represent victims of car accidents in New York City (NYC) and this includes Brooklyn, Bronx, Queens, Long Island and Manhattan. And, if you are planning to file personal injury compensation or claim then you should follow these steps as these can help you get compensation for your injuries in the event of a car accident.
Two former Chicago Bears players have received sizable workers’ compensation awards from the Illinois Workers’ Compensation Board.
In July, as explained in this Business Week article, Massachusetts highest court overturned a long standing rule that absolved property owner’s from liability for failing to remove snow accumulation on their property. As explained in Papadopoulos v. Target, SJC-10529, the overruled holding was referred to as the “Massachusetts rule”, and stood for the proposition that property owners were not responsible for removing the natural accumulation of snow and ice.
In Krywin v. Chicago Transit Authority, No. 108888, the Supreme Court of Illinois considered the issue of whether the Chicago Transit Authority (CTA) was liable for a passenger’s injuries that occurred when she exited the train and slipped on snow and water that had accumulated on the train platform.
Bell v. Hutsell is a recent decision out of the Appellate Court of Illinois, Second District, that involved allegations that homeowners were responsible for the death of an 18-year old who died in an automobile accident after drinking alcohol at the home of the defendants.
In a recent article we discussed an Illinois court’s decision that addressed a homeowner’s potential liability for an automobile accident that occurred after an underage teenager drank alcohol at his friend’s home and was involved in a fatal car accident later that evening.
A former employee of a popcorn plant was recently awarded the largest verdict of this type by a Chicago jury. The plaintiff, Gerardo Solis, had been a worker in a Chicago popcorn plant owned by Flavorchem Corp for 8 years from 1998-2006.
At issue in a recent Illinois products liability lawsuit was whether the manufacturer of Motrin was liable for an adverse reaction to its product.
Over the last month we discussed two different Illinois personal injury cases addressing the liability of parties who provided alcohol to someone who then left the premises and caused a deadly automobile accident. This is an issue that is becoming more frequently litigated, in part because of the tragic consequences–which are especially apparent when the person who was served alcohol is underage.
In Gilmore v. Powers, No. 1-09-1478, the First District Appellate Court of Illinois, Sixth Division, addressed the issue of whether a private landowner owner or the City of Evanston was liable for maintenance of a walkway that straddled the city-owned parkway in front of the defendants’ house.
When you rent a car, you assume the vehicle has been properly maintained, don’t you? And wouldn’t you expect that a car rental company would only rent vehicles that had been fixed following safety recalls?
Generally speaking, in Illinois, lawsuits may not arise from the sale or gifting of alcoholic beverages, since the Dram Shop Act (S.H.A. 235 ILCS 5/6-21) preempts all alcohol-related liability claims. However, where the claim is based on legal theories independent from the defendant’s provision of alcohol, the Dram Shop Act does not preempt the lawsuit.
The problem of concussions in athletes is an issue that has been receiving lots of press lately, in large part due to the new found understanding of the seriousness of these types of head injuries. In the past, concussions were believed to be mild injuries, requiring little if any follow up attention. The exact opposite is true: concussions are serious brain injuries that can have lasting, long term effects.
It’s undeniable–social media use is increasing exponentially. And, with this rapid increase in the use of social media, more attorneys are quickly realizing the utility of social media postings in litigation. When witnesses or parties to a lawsuit publicly post about their activities and whereabouts, the information can be used to dispute claims of injury during the settlement phase of a case or as impeachment material at trial.
In April, we reported that the Court of Appeals of Maryland heard oral arguments in a case regarding personal injury damage caps. In the case being appealed, the parents of a young child who had drowned received a jury award of $4 million for their pain and suffering, but the damages were reduced to $1 million by operation of the damage cap laws. The specific issue considered by the court was whether jury awards for pain and suffering damage caps were constitutional.
The First District Appellate Court of Illinois recently addressed the liability of a property owner for negligently maintaining its premises in Morrissey v. Arlington Park Racecourse LLC, No. 1-09-3460 (2010).
Wrongful death can occur in a number of circumstances, which include.
Determining who was at fault in your personal injury, accident or injury case can sometimes be determined by physical evidence-something you can touch, see, or examine, as opposed to just describing or talking about it. There are a number of things that should be done to help improve the value of your case.
No matter how well prepared you are, it is impossible to predict what will happen when you give sworn testimony under oath for your personal injury lawsuit. The best advice you can have is to relax, be yourself, take your time and give all answers truthfully and to the best of your knowledge.
Post-traumatic stress disorder (PTSD) is an emotional illness that affects men, women and children of any age. PTSD originates when a person endures a horrific or life-threatening event in which they experience intense fear, horror and helplessness.
Usually injuries to the spinal cord, as opposed to a spinal fracture, do not result in a cut through the spinal cord but instead they crush the thin extension of nerve cells that are surrounded by the vertebrae.
One of the many elements of your personal injury case or accident claim is the amount of income that you lose as a result of the negligence of another. The calculation of your loss of income can be either very easy or extremely complicated, so it is a good idea to follow the following suggestions:
Document all evidence and matters related to your car accident, motor vehicle accident or personal injury case so that the information can be reviewed and used by your attorney in helping to properly develop your case to get you more money. Specifically, you should at least do the following:
When you are a patient with a serious injury, medical malpractice case, condition, or other health care challenge, there are many things you can do to get the best care from your medical providers. What you must remember is that you are the captain of your health care team, and, ultimately, it is you who makes the decisions that affect your care and treatment.
How Returning to the Site of Your Accident Can Get You More Money for Your Connecticut Personal Injury Case
If you have been involved in some kind of accident-whether it is a motor vehicle accident, a slip and fall accident, or an accident whereby you received some type of injury through someone else's fault-you should return as soon as possible to the site where you were injured (preferably by the next day).
October 13, 2010 By Demas Law Group, P.C.
Fires can break out without warning. They can be caused by faulty wiring in your homes, sparks from fireplaces, matches, and a million other everyday household items. Even computer batteries have been known to overheat and set fire to the surroundings. That is why having smoke alarms in your home is so important.
October 13, 2010 By Brown Chiari LLP, Attorneys at Law
For the past two decades, the foods found in the list below have been responsible for the largest number of food poisoning illnesses since 1990 according to a list that was recently released and regulated under the FDA.
October 11, 2010 By The Mason Law Firm
We have all heard of the term “picture is worth a 1,000 words.” The same principle applies to pictures when comes to car accidents, truck accidents, motorcycle accidents, pedestrian accidents, construction accidents, slip and falls, dog bites, burn injuries, etc. What should you photograph and why?
October 11, 2010 By Mesriani Law Group
The sad fact is, car accidents are the leading cause of death for American teens. Unfortunately, the ones responsible for these deaths are often the teen drivers themselves.
October 7, 2010 By Rittgers & Rittgers
A recent Ohio truck/pedestrian accident shows how sometimes an attorney must dig deep to uncover evidence of liability for a wrongful death.
October 6, 2010 By The Law Offices of Howard Craig Kornberg
According to the California Attorney General's office, more than 200,000 Californians over the age of 65 are subjected to elder abuse each year - and the problem is not expected to get better any time soon.
October 6, 2010 By Bohrer Law Firm
On August 15, a new Louisiana law making texting-while-driving a primary offense took effect. Prior to that date, drivers could be ticketed for texting while behind the wheel, however, the driver had to be pulled over for another violation, such as speeding, before the ticket could be written. Now, police officers will be able to pull over and ticket drivers solely for texting or checking e-mail while driving.
October 6, 2010 By Gatti, Keltner, Bienvenu & Montesi, PLC
Nursing home abuse and neglect is a fact of life that many communities are only beginning to realize and investigate fully. Recently, in Murfreesboro, Tenn., Dorothy Butler, a 100-year-old nursing home resident, was rushed to a hospital emergency room suffering from hemorrhaging, pressure sores, bruising and four broken ribs. Adult Protective Services, part of the Tennessee Department of Human Services, investigated the incident.
October 6, 2010 By Gatti, Keltner, Bienvenu & Montesi, PLC
In an effort to curb drunk driver accidents, the federal government recently took 109 big rig and bus drivers off the roads and initiated enforcement actions against 175 carriers.
October 6, 2010 By Solomon & Relihan, P.C.
Arizona’s current laws only require motorcycle helmets for riders under the age of 18. Adult riders in Arizona have the freedom to choose whether or not to wear a helmet. However, most motorcycle and safety experts strongly recommend the use of helmets. According to the National Highway Traffic Safety Administration (NHTSA), motorcycle helmets saved 1,784 lives in 2007.
Anyone who’s been injured in an accident is understandably eager to settle their personal injury lawsuit. The pressure to settle can be enormous, especially if you are out of a job or working reduced hours because of the injuries, while at the same time facing mounting medical bills and other expenses. But it’s very important to resist the temptation to accept a low-ball settlement offer early in a case. Here’s why.
Consider the millions of products on the market that are targeted for use by children—toys, jewelry, and electronics to name a few.
If you’ve suffered a personal injury due to the fault of someone else, you may be entitled to legal damages for your pain and suffering. You can protect your legal rights by following the suggestions below.
Illinois attorneys might be surprised by the recent holding of the state Appellate Court that allowed tort damages in a case involving injuries on the job. The ruling shows that workers’ comp attorneys should routinely assess all potential third party claims before concluding the sole source of recovery is under the Workers’ Compensation Act.
The law provides for monetary compensation if someone causes you personal injuries away from the job. Workers’ compensation, on the other hand, provides monetary relief for injuries suffered on the job, irrespective of fault.