Personal Injury Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Personal Injury.
Trucking remains a major mode for transporting goods in the United States. With so much traffic and so many trucks on our highways, accidents with these big rigs are sometimes inevitable. Sometimes, a truck accident occurs because of driver fault and sometimes, it occurs because of equipment failure. Unfortunately, when an accident occurs between a passenger car and a truck, the truck generally wins and injuries are rarely minor.
The authors answer some of the most common questions about Personal Injury, Medical Malpractice, Car Accidents, Premises Liability, Dog Bites, and more.
If you are injured on the job in Missouri, you are entitled to your medical expenses, payment for your temporary total disability (the time you cannot work), as well as compensation for your permanent partial disability.
The National Transportation Safety Board (NTSB) recently issued a safety recommendation to the European Aviation Safety Agency (EASA) regarding the November 2001 crash of an American Airlines Airbus near JFK.
Not all passengers are treated equally under the law. International travelers may face greater restrictions when pursuing legal claims than their counterparts who are only traveling domestically.
A total of 56 percent of aviation accidents in the last 60 years were caused by human error, with 50 percent caused by pilot error and 6 percent caused by other human error.
Why is does Arizona believe that driving the influence of an inactive metabolite- which is obviously a contradiction- is a crime?
If you or a family member has been bitten by a dog, don't make the same mistakes commonly seen in a dog bite claim.
Riding a bicycle can often be more dangerous than you think, especially if you are riding on a busy highway or street. Always take every precaution you can when riding your bicycle, and know what to expect and what to do!
What is maintenance and cure law? Maybe your know the basics, but did you now these three important facts about maintenance and cure that can affect your case?
Slip and fall accidents are common especially if you have children. Kids are easily excitable and naturally restless so you’d see them running around, climbing stuff, and generally, just playing. Playing however, especially without adult supervision can lead to accidents like slip and fall.
The long-term consequences of a traumatic brain injury are not always obvious in the weeks and months following a serious car, truck, motorcycle or pedestrian accident.
Asbestos exposure can lead to a number of deadly diseases and harmful conditions. Victims of asbestos exposure may experience asbestosis, a respiratory disease that leads to scar tissue forming in the lungs.
The Insurance Institute for Highway Safety (IIHS) has reported that while men accounted for a higher proportion of drivers with blood alcohol concentrations at or above .08 percent as well as who are involved in fatal crashes, the number of women who drive drunk are substantial. Statistics show that in 2009, 22 percent of female driver involved in fatal passenger vehicle accidents had a BAC at or above .08 percent while 16 percent had BACs more than twice the legal limit.
Infants can suffer tremendous harm before they ever leave the delivery room. Despite medical best practices, the latest technologies and a mother's months of preparation, new parents too often find themselves wondering just what may have gone wrong in the delivery room. Seeking answers, they contemplate a life ahead with a child who may have severe physical and developmental limitations.
During labor and delivery, obstetricians, nurses and hospital staff involved in the birth are responsible for taking every reasonable step to ensure that the process goes as smoothly as possible. One of the ways they can do this is by properly monitoring the vital signs of mother and baby during labor and delivery and taking appropriate actions when signs of distress are present. Improper monitoring often leads to serious birth injuries.
What you don't know can hurt you if you are injured in an Accident.
It’s far too easy to become a slip-and-fall statistic in this country. Each year, more than one million Americans suffer this fate. Most of us have seen fluid spills covering grocery store floors and know that our neighborhood sidewalks can prove treacherous if we fail to carefully watch our footsteps.
While pedestrian accident fatalities aren’t as much as passenger vehicle occupants or motorcycle deaths, it is still substantial. According to the Insurance Institute for Highway Safety (IIHS), pedestrians make up about 12 percent of all motor vehicle crash deaths every year. In 2008 alone, 4,378 pedestrians were killed and 69,000 pedestrians were injured in motor vehicle crashes.
In 2008, a staggering 159 motorcyclists were killed in North Carolina. Those fallen bikers are not just statistics; they were loved people that families and friends tragically and unexpectedly lost.
The number of motorcycle riders has increased in recent years and it is easy to see why: motorcycles are fun to ride, less expensive than cars and more fuel efficient.
A 24-year-old former marine was enjoying life as a civilian when his life unexpectedly changed.
For those with a casual interest in motorcycles, riding as a passenger can be a perfect opportunity.
According to the National Survey on Drug Use and Health, an estimated 10.1 million people drove under the influence of illicit drugs between 2006 and 2009. Driving under the influence of any drug has potentially catastrophic consequences.
Take-home asbestos exposure is a wide-reaching phenomenon that can affect people who have never worked in an environment contaminated with asbestos a day in their lives. Learn more about the danger of take-home asbestos and what you can do about it.
If you want to file a Hawaii personal injury claim, you should consult with a personal injury lawyer as soon after the accident as possible to avoid missing the deadline. The Statute of Limitations in Hawaii varies, depending on the accident, so the sooner you file a claim, the less likely you are to miss the deadline.
An accident that results in a serious burn injury can be very painful and can cause blistering, swelling, scarring and, in severe cases, death. Treatment varies, depending on the severity of the burn, and may include IV fluids, medications, protective dressings, surgery and skin grafts.
There are many types of common birth injuries that can occur during the birth process, some cosmetic and some physical. Factors such as the baby’s size and position as well as the mother’s pelvis size and shape can all negatively impact the safety of a vaginal birth.
The improper use of forceps or vacuum extraction during birth can cause serious injury to child and mother.
High risk pregnancies can often result in low birth rate, which occurs in a staggering 8.2% of the 4.3 million babies born each year.
The complications and conditions associated with high risk pregnancies should be properly identified and treated to avoid serious injury.
The consequences of drinking and driving are far reaching.
The week of October 17-23 marked the fourth annual Operation Safe Driver campaign, a collaborative effort among federal, state and local enforcement agencies and the trucking industry to promote safe driving among commercial truck and passenger vehicle drivers.
DUI or driving under the influence, is an offense commonly associated with drinking and driving on the road. This is however, a misconception that has led many people into legal trouble or accidents because of their lack of knowledge or awareness of it.
As California car accident lawyers, on a daily basis we are told tales of terrible accidents that could have easily been prevented. Although not all accidents can be prevented, you can reduce your likelihood of being at fault for an injury accident by following simple steps to pay attention and operate your vehicle more safely.
The antidepressant drug Prozac has been linked to heart defects in babies born to mothers who took the medication while pregnant.
This article was written with the intent of outlining ways the personal injury plaintiff attorney could deal with the difficult insurance adjuster. It includes tips on making phone calls, inner firm organization and case management, threats of litigation, client involvement, negotiation strategies, and the use of bad faith. The point is to use all of these techniques in an attempt at getting the adjuster to offer more reasonable settlement offers.
Americans love dogs, in fact, the 2007 US Pet Ownership and Demographics Sourcebook show that there are more than 72 million pet dogs in the US and nearly half of all dog owners consider their pets to be a part of their family. America’s love for man’s best friend extends even to the notoriously aggressively breed a pitbull and the presence of pitbulls in millions of households have continuously been a safety problem.
The Motorcycle Industry Council, a nonprofit trade group based in Irvine, California reported that more than 1.1 million motorcycles were sold in 2008. Although only 650,000 were sold in 2009, the high percentage of motorcycles bought despite the recession show that more and more Americans use them for transportation and not just recreation.
The bottomline is, insurance companies are first and foremost, a business. So despite the fact that you have diligently paid your premium and monthly dues doesn’t mean that dealing with your insurer after a car accident is going to be smooth-sailing.
Some helpful tips of what you should do after an accident.
The author offers tips for military contractors in Iraq or Afghanistan to follow when filing a claim under the Defense Base Act.
Brain injuries can be devastating to the lives of both the victim and his or her family. Medical bills can add-up quickly and overwhelm most families. If you or a loved one has sustained a brain injury due the negligent or wrongful act of another, you can hold them responsible for your damages.
The property owner's liability for slip and fall accidents can vary greatly based on the facts of the case and the jurisdiction of the accident.
This article discusses mistakes many injured parties make following accidents and suggests ways for future accident victims to avoid making these mistakes in the future.
Basketball is among the most popular team sports for young people in South Carolina and throughout the U.S. While it doesn't involve the hard bodily contact of football or the deadly projectiles at play in baseball and softball, a recent study by the Center for Injury Research and Policy at Nationwide Children's Hospital shows that an average of 375,000 youth basketball players visited an emergency room every year over the past decade for treatment of injuries.
The long days from Memorial Day to Labor Day are a time when many families hit the road and head for Atlantic beaches or drive inland to the forests and streams of the Carolina and Georgia mountains. But those days can also be deadly: 281 people lost their lives on state highways during June, July and August of 2009.
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.
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.
Tips and information for a Defective Vehicle Personal Injury Claim.
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.
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.
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.
A recent study published in the British Medical Journal (BMJ) reports that low APGAR scores may be an indicator of cerebral palsy birth injury.
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.
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.
Motorcycles are dangerous. Every rider understands the risks associated with the freedom of riding a motorcycle.
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.
When a pedestrian gets injured they have no airbags, seatbelts, safety cage or any other way to shield themselves from such a traumatic impact.
Have you been seriously injured at work? Learn about how workplace compensation disability eligibility is determined, and how to properly file your claim.
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.
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”.
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.
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.
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.
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.
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.
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.
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?
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%).
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.
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.
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.
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.
A recent Chrysler recall brings to mind the company's problems in past years with Dodge Intrepid police vehicle fires.
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.
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.
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.
This article gives a basic overview of the Workers Compensation Benefits that are available and the process to receive a workers compensation settlement.
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.