Personal Injury Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Personal Injury.
July 26, 2010 By Jason Lundberg, Attorney - Allegiance Law
As a personal injury attorney in San Francisco, CA, I am constantly in contact with individuals who were involved in an accident of some sort. It may have been a motorcycle accident or a pedestrian accident. There are also situations where a third party or a “bystander” to the accident may also have a claim. This article will discuss the elements and requirements in order to plead and prove a claim for negligent infliction of emotional distress as outlined by California law.
July 22, 2010 By Mesriani Law Group
According to the Motorcycle Industry Council, in 2008 alone, more than 1.1 million motorcycles were sold. Sure, riding a motorcycle may be faster, more fuel efficient, and in many ways “cooler” but it is also more dangerous than riding cars or SUVs.
July 21, 2010 By Mesriani Law Group
When the heat gets going, especially during the summer, while some people hit the mall to cool off, there are also people who like to go out on the sea or beach to either to swim or go boating.
July 20, 2010 By Mesriani Law Group
Uninsured motorist (UM) insurance coverage is an automobile policy option which covers the insured for property damage and bodily injury in accidents caused by another motorist who does not carry liability insurance. In short, it pays for damages caused by someone with no insurance.
July 20, 2010 By The Babcock Law Firm, LLC
There are many ways you can locate a Colorado on-the-job injury attorney. Once you have a list of three or four referrals, consult with each regarding your case before hiring one. Here are some of the resources...
Floridians who are seriously injured by the negligence of others often turn to the state court system for redress. While these plaintiffs are not guaranteed favorable results, they nevertheless rely on the even-handed administration of justice, and the ability to obtain full and fair compensation for all that they have endured. Unfortunately, a series of bills introduced in the Florida Legislature may seriously jeopardize this ability and allow otherwise negligent parties to escape liability.
There is another category of driver that most people don't think of when they think about distracted or dangerous drivers - emergency first responders. As technological tools such as GPS devices, cell phones, and laptop computers have become more widely available, they have also found their way into police cars, ambulances and other emergency vehicles.
This June, Florida governor Charlie Crist signed the "Jeffrey Klee Memorial Act" into law. The legislation effectively eliminates the statute of limitations for filing civil suits for wrongful death by homicide in Florida. Crist praised the legislation as expanding the protection of Florida's citizens and ensuring that criminals are held accountable for their actions, "no matter who the criminals or victims are or when the crimes took place."
Ford Motor Co. may be headed toward some of the same problems Toyota has endured recently over questions about floor mats in some of its vehicles. The National Highway Traffic Safety Administration (NHTSA) has initiated a federal investigation into the safety of optional floor mats for the 2010 Ford Fusion and Mercury Milan vehicles - some 250,000 vehicles in all - following several complaints.
One of the worst places for road rage has been the state of Florida. In fact, Florida drivers (and drivers in Miami in particular) had the dubious "honor" recently bestowed upon them in the Road Rage Survey by AutoVantage, naming south Florida the road rage capital of the United States for three consecutive years.
July 14, 2010 By The Mason Law Firm
You are driving to the market when another driver runs a red light and strikes you from the side. Your neck starts to hurt and your car appears to be a total loss. You check on the other driver who then tells you: “I have no insurance.” Now what? Are you protected? Who will pay for the damage to your car? Who will pay your medical bills? What about your pain and suffering? Hopefully, you covered yourself by having uninsured motorist coverage.
July 14, 2010 By The Mason Law Firm
According to the U.S. Department of Labor, 3,696,100 cases of work related injuries were reported in 2008. Many of these injuries occurred on job sites of construction projects. These injuries led to medical bills, pain and suffering, emotional distress, and missed time from work. Some even led to deaths or permanent job losses. What are the remedies available to an employee injured on the job and is his/her remedy limited to workers' compensation benefits or can he/she sue for recovery?
July 14, 2010 By Bohrer Law Firm
The Coast Guard has called off its search for 11 oil rig workers missing after the explosion of Deep Water Horizon last Tuesday. Assumed dead, the 11 missing workers join 17 other victims injured in the accident - four of whom remain in critical condition.
July 14, 2010 By Bohrer Law Firm
There are myriad concerns surrounding the BP oil spill in the Gulf of Mexico, chief among them is the current and potential harm to the ecosystem. Not only did 11 workers lose their lives in this catastrophe, but also there is the possibility that more people will become sick due to the chemicals BP is using to control the oil spill.emicals BP is using to control the oil spill.
July 13, 2010 By Theodore Babbitt Attorney
Understanding product liability is important when your child is the victim of such a defective product.
July 13, 2010 By Paul Giannetti, Attorney At Law
What follows are 3 mistakes you should avoid that could cost you your benefits.
July 13, 2010 By Law Office of Robert M. Mansour
When it comes to proper insurance coverage, there is one coverage that you really should not go without! That's "uninsured motorist" coverage. Santa Clarita accident lawyer Robert Mansour discusses why Uninsured Motorist Coverage is perhaps the most important insurance you can have on your car insurance policy.
July 12, 2010 By Siam Legal International
Introduction: Thai personal injury claims are rooted in a tort theory based on fault. Essentially, an injured plaintiff must show that the defendant injured them via some illegal or grossly negligent act or omission. The aggrieved party must then bring their case before the court system. The courts may then award limited damages to compensate the injured party for their loss.
Dealing with pedestrian accident cases can be very complicated, especially when liability is not clear. Just because you are the pedestrian doesn't mean the motor vehicle is always at fault.
When it comes to slip and fall cases, they can be a bit more tricky. Liability is often tough to prove. However, many times the negligent party will concede liability when it is clear.
Santa Clarita accident attorney Robert Mansour provides perspective on obtaining medical treatment after you've been injured in an auto accident.
July 9, 2010 By Glusing & Muher, LLC
An exploration of the typical "damages" that an individual can be compensated for.
July 7, 2010 By The Baker Law Firm, LLC
The recent economic hard times have been difficult for many people. But according to a study conducted by Dr. Rachel P. Berger, the recession has been particularly hard on infants. Berger, who revealed the results of her study on May 8 at the annual meeting of the Pediatric Academic Societies, said there is a "marked increase in the rate of abusive head trauma among children during the recession compared to beforehand."
July 2, 2010 By Siam Legal International
Introduction: Lawsuits regarding medical malpractice are becoming increasingly frequent in the Thai legal system. As medical tourism increases in popularity, more malpractice suits arise. Thai law protects the interests of injured medical patients via the Commercial and Civil Code’s tort liability for wrongful acts.
Santa Clarita and San Fernando Valley attorney, Mason Rashtian, discusses car accidents and whiplash injuries.
July 1, 2010 By The Mason Law Firm
Statistics show that approximately 120,000 people in the United States suffer from whiplash injury per year. This is the reason behind the insurance industry's scheme to attack soft tissue cases, such as whiplash, by spending millions of dollars in propaganda to make the public believe that such injuries do not exist. But what is whiplash? What causes it? How is it treated?
June 29, 2010 By George W. Wolff & Associates
Deadlines, issues and warnings on filing lawsuits for California construction defect damage cases for private and residential construction jobs
June 29, 2010 By North American Investigations
New Yorkers Among Many Across Country Fed Up With The Notion That Someone Could Be Watching
June 28, 2010 By The Mason Law Firm
In Southern California, particularly in and around the Los Angeles area, people love their cars. However, there is an ever growing population who uses public transportation, including buses. How does the law protect those who get injured in bus accidents? What information does an injured passenger need to know?
A $100 Million Award Against Big Tobacco Has Been Remanded - What was the lawsuit about? Why is it going back?
June 28, 2010 By The Mason Law Firm
So, do you believe that low-tar cigarettes are safer than full-flavored cigarettes? Does switching to low-tar cigarettes reduce your chances of developing cancer? Why were low-tar cigarettes introduced by cigarettes makers? Are lawsuits against cigarettes makers justified? These are just some of the questions that were raised in this Oregon lawsuit, filed by the husband of a deceased 53 year old woman who died due to cancer.
June 28, 2010 By Falk & Falk, PA
Florida's Governor encourages residents to file claims for compensation.
June 28, 2010 By Law Offices of Barry G. Doyle, P.C.
The care plan is the basis for the care which residents in nursing homes receive from the staff. Shortcoming in the development, execution, and evaluation of the care plan can also serve as a basis for liability on the part of the nursing home when a resident suffers injury. We offer 6 questions that we consider with regard to the care plan in determining whether a nursing home can be held liable for injuries sue to abuse and neglect of nursing home residents.
June 26, 2010 By The Babcock Law Firm, LLC
Understanding workers compensation benefits available to on-the-job injury workers in Colorado.
June 24, 2010 By Mesriani Law Group
Under The Jones Act, a federal law which regulates the United States shipping industry, the workers contemplated and protected under it are not just merely seamen or ship employees but also other occupations and places of work.
June 24, 2010 By Law Offices of Barry G. Doyle, P.C.
Many injured workers are not aware of the differences between worker's compensation cases and civil lawsuits in Illinois. When they hear about how hard it is to "go to court" over a work-related accident, this discourages them from asserting their rights under the Illinois Worker's Compensation Act. The truth of the matter is that the worker's compensation system has been designed to make easier, not harder, for injured workers to assert their rights.
June 21, 2010 By Law Offices of Barry G. Doyle, P.C.
When representing injured truck drivers in worker's compensation claims, one important question that must be answered is whether the worker's compensation case can be filed in Illinois. For an injured truck driver, this is an important question because the worker's compensation laws in Illinois are more favorable to the employee than they are in many other states.
June 21, 2010 By The Mason Law Firm
According to a 2007 statistic, about 37% of U.S. households owned a dog. More specifically, that is about 43,021,000 households in the United States who owned an average of 1.7 dogs. With so many dogs residing in the U.S., dog attacks are not uncommon. How does the law treat dog bite cases?
June 21, 2010 By The Mason Law Firm
Have you ever wondered what a personal injury case refers to? Do you know what to do in case of a personal injury case? When should you seek medical attention after a personal injury incident? How can you afford paying for a personal injury attorney?
June 21, 2010 By Slates Consulting
Whether these are caused as a result of car accidents or osteoporosis, back injuries are some of the worst injuries that a person can suffer, and also some of the most common ones. These are also some of the most hard-to-treat conditions.
June 19, 2010 By Law Offices of Barry G. Doyle, P.C.
Nursing home residents often take several prescription medications. Errors in administering medications and drug interactions can cause harm to nursing home residents which may be the basis of a nursing home abuse and neglect suit.
June 18, 2010 By McNabola Law Group
Bicycling magazine once named Chicago the best big city for bicycling in North America.
June 17, 2010 By Greene Broillet & Wheeler, LLP
The Consumer Product Safety Commission and the maker of Blair chenille robes recently re-announced their April 2009 "urgent recall" of the full-length robes and similar products.
June 17, 2010 By Greene Broillet & Wheeler, LLP
Though Santa Claus has come and gone, toys deemed unsafe are still for sale on store shelves across the country.
Many states in the US have instituted laws against cell phone use while driving. This article discusses the dangers of using cell phones to send text messages while driving. Phoenix currently has laws in place banning text messaging while driving. This article discusses the potential for automobile accidents as a result of inattentive drivers using cell phones to send text messages while driving. This article also outlines the penalties involved if a person is caught texting while driving.
The reputation for quality Toyota's painstakingly built in the United States over the past three decades crumbled as the new year got underway with two product recalls affecting millions of vehicles from 10 model families. Some of Toyota's most popular sellers, including the Camry, were among the 2.3 million Toyota's recalled after sticking accelerators led to crashes that caused the deaths of five people and injured 17 more.
Arizona imposes strict liability on dog owners for dog bites, meaning dog owners must pay for any damage resulting from dog bites, regardless of whether the dog owner was negligent or the dog has previously shown any propensity toward biting.
June 16, 2010 By Solomon & Relihan, P.C.
Construction sites are among the most dangerous places for workers. Rife with risk, there are a number of injuries that can occur on the job.
In this article, the author discusses two theories of products liability in tire tread separation cases.
The Road Less Traveled: Often Ignored Sources of Information about the Accident and Your Client's Injuries
This article describes a few of the less-used sources of information in auto cases. The most interesting of these are die red-light cameras that have been installed at a surprisingly large number of dangerous intersections.
The Owner's Manual, Warranty and Advertising Can and Should Be Used to Support Consumer Expectations Claims
This article discusses the consumer expectations test of design defect, and the use of materials such as the owner's manual and warranty information to support a request for an instruction on that theory.
June 15, 2010 By Law Offices of Barry G. Doyle, P.C.
The Illinois Worker's Compensation Act requires employers to pay for related and necessary medical care. Injured workers in Illinois are entitled to choose two doctors and then receive medical care from that doctor and any other physicians to whom he is referred.
June 14, 2010 By The Babcock Law Firm, LLC
There are two requirements for an injured worker who needs to report a work-related injury. First, the injured worker needs to report the injury in writing to his or her employer within four days of the injury. Second, the injured worker needs to file a Workers’ Claim for Compensation with the Colorado Division of Workers’ Compensation within two years of the injury.
June 12, 2010 By Slepkow, Slepkow & Associates, Inc
In Rhode Island, Premises liability pertains to the area of law, which attempts to hold a real estate owner or the person in possession of the real estate liable as a result of an accident causing injuries to a person who was using the property.
June 12, 2010 By Slepkow, Slepkow & Associates, Inc
The author answers important Personal Injury Law Questions.
June 10, 2010 By Bailey & Partners
In spite of all the statistics, a recent survey shows that there are too many motorcyclists who are riding without wearing helmets and other protective gear.
June 9, 2010 By Barber and Sims
If you or someone you love has been injured because of the actions of someone else, you need to waste no time in beginning your search for personal injury lawyers who will provide you with the best opportunity to obtain proper justice.
June 9, 2010 By Slates Consulting
A pediatrician at the University of Washington has found that if a child in a family suffers injuries, it actually increases the possibility that other children in the same family will also suffer injuries over the next few weeks.
June 8, 2010 By Bailey & Partners
There are an estimated 2,000,000 to 6,000,000 people in the United States who suffer from brain injury. Many of these suffer from Traumatic Brain Injury which is sustained by a blow or a massive force applied to the head. Situations that typically end in brain injuries include serious truck or other accidents, and falls.
June 4, 2010 By Freidin, Dobrinsky, Brown & Rosenblum, PA
What will this new law mean for Florida children?
June 4, 2010 By Cirignani Heller & Harman LLP
During some medical procedures, patients are further injured when doctors or other medical professionals trigger surgical fires.
June 4, 2010 By Gerash Steiner & Toray, P.C.
Toyota’s Chief Executive recently apologized for the company’s vehicle safety problems that have led to injuries and deaths.
June 4, 2010 By Bird Law Group
Regular use of Nintendo’s Wii Fit video game system can markedly improve balance and aid in long-term neurological rehabilitation.
June 4, 2010 By Mark C. Tanenbaum, P.A.
Over the past six months, Toyota has initiated two recalls affecting more than eight million vehicles worldwide.
June 3, 2010 By GoldenbergLaw, PLLC
Where there once was Chrysler and General Motors, there is now “Old Chrysler” and “New Chrysler,” “Old GM” and “New GM.”
June 3, 2010 By Bailey & Partners
It’s not just children who can minimize the risks of suffering a head injury in a bicycle accident by wearing helmets. The New York Times is drawing attention to the fact that thousands of bicycle accident-related head injuries in adults every year can be prevented through the use of bike helmets.
June 3, 2010 By The Law Office of Attorney Robert A. Brenner
The best way to avoid chemical burn injuries is through prevention. All chemicals should be properly labeled and stored, whether they are in the home or the workplace.
June 2, 2010 By Popowski, Callas & Shirley, P.A.
This year, National Work Zone Awareness Week took place from April 19th to the 23rd. In South Carolina, the theme was “Let ‘em work. Let ‘em live.” Throughout that week, drivers across the state passed signs with the slogan.
The law applicable to industrial machinery and tool cases is the same as that applicable to cases involving consumer products. In fact, many of the cases in which the concepts of products liability law were first stated can be properly categorized as industrial machinery cases.
Air bag litigation is particularly subject to the effects of rapidly changing technology. The ability to detect and identify a collision is the most difficult and critical function of an air bag system. A large percentage of air bag injuries can be traced to deficiencies in the sensing system. The most significant technological changes in air bag systems are occurring in the area of sensors.
In the race to deliver yet even more astronomical profits for their shareholders, corporations have shunned their duty to the public. How else can one explain General Motors' blatant disregard for the safety of passengers whose lives were reduced to an $8.59 decision?
June 1, 2010 By Krivitzky, Springer & Feldman
Just a few of the most common questions asked regarding personal injury, accident or negligence cases. Please note the answers are provided as a general reply and can not take into account every possible factual situation. Every case is indeed different.
May 28, 2010 By Law Offices of Barry G. Doyle, P.C.
Injured workers in Illinois have the right to file a third-party liability suit when their injuries are caused by someone other than a co-worker or their employer. However, unlike worker's compensation cases, fault is a crucial issue in third-party liability suits. This article sets forth some of the ways in which defense lawyers are likely to inject the issue of fault into the case and how it can impact the recovery of compensation by injured workers.
May 27, 2010 By Rosenstock & Azran
Driving in the comfort of a car or truck, most people do not consider the awesome forces that are at work: gas combustion, aerodynamics and complex structural engineering fights gravity and friction to provide a smooth and comfortable ride.
May 22, 2010 By Law Offices of Barry G. Doyle, P.C.
Nursing home residents frequently develop bed sores or pressure ulcers. Federal regulations place extensive obligations on nursing homes to prevent and treat bed sores or pressure ulcers. Their failure of the nursing home staff to provide the very basic care which is needed to prevent bed sores or pressure ulcers may be the basis of a claim of violations of the Illinois Nursing Home Care Act.
May 20, 2010 By Brown Chiari LLP, Attorneys at Law
While recent media reports have shown a slight decline in the occurrence of E. coli O157:H7 infections in 2009, these reports covering current CDC data on food poisoning have revealed that no real progress has been made in six years to reduce the incidence of dangerous pathogens in our food supply.
May 17, 2010 By Baum, Hedlund, Aristei & Goldman, P.C.
The airline industry considers the airplane maintenance outsourcing to be one of the most effective ways to cut costs, but many are concerned about the safety of offshore maintenance facilities.
May 15, 2010 By Law Offices of Barry G. Doyle, P.C.
Falls in nursing homes are a major threat to the life and well-being of nursing home residents. Some lawyers treat falls in nursing homes like "slip and fall" cases. However, this the wrong approach to analyzing the liability of the nursing home for falls. We describe how and why nursing home falls are different from traditional "slip and fall cases" and offer 5 key areas to look at to evaluate whether the nursing home was negligent with regard to the nursing home resident's fall.
May 14, 2010 By Dolan Law Firm - Motorcycle & Bike Accident
While San Francisco's bike plan got a boost from the ruling allowing it to proceed on a limited basis, there's still a long road ahead for the bicycle transportation movement.
May 10, 2010 By Law Offices of Barry G. Doyle, P.C.
Many injure workers in Illinois have their worker's compensation claims improperly denied because they were "off the clock" when they were hurt. Kinds of cases that result in improper denials of worker's compensation benefits include: business travel, injuries in parking lots, injuries coming to and going from work on the premises, and injuries occurring during break or lunch.
May 7, 2010 By Seaman Garson LLC
Courts in recent years have upheld the workers' compensation rights of injured immigrant employees, regardless of legal status. Only one state — Wyoming — excludes illegal immigrants from the workers' compensation system. Ohio may become the second.
May 7, 2010 By Seaman Garson LLC
It does not get much more stressful than the experience of admitting a cherished family member to a nursing home. Unfortunately, this experience is all too common in Ohio and across the U.S., with nearly 1.5 million patients currently in long-term care facilities.
May 7, 2010 By Ankin Law Office, LLC
The Illinois Appellate Court 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.
May 6, 2010 By Colley & Colley, LLP
Most people know generally what is meant by the term “good Samaritan” but did you know that Texas (and many other states) has a law that is designed to protect individuals who give emergency medical assistance to those in need?
A factor that weighs heavily on the type of injuries that may be sustained in either a high speed or low speed collision is the type of vehicle involved in the accident. A person traveling in a small passenger car, motorcycle or bicycle that is hit by a semi-tractor trailer is likely to fare far worse than a person involved in a collision with a similar-sized vehicle.
As the old song says, nobody walks in L.A. But more and more people are riding bikes, and of course, there are still more than a few people driving cars. As the city of Los Angeles works out a new infrastructure plan for bicyclists, the question is whether the exploding bike population can peacefully co-exist with cars on our crammed roadways.
A growing number of dog attacks are pitting pet owners against parents and other concerned citizens. Dog attacks can be fatal, and dog owners may face serious legal liabilities for their dogs' actions.
May 4, 2010 By Bohrer Law Firm
Increased crude oil production in the Gulf of Mexico has sparked hope that the recession will soon end. As the nation returns to economic health, shipping lanes, ports and the gulf oil and gas production and drilling industry will get busier with goods moving in and out.
May 2, 2010 By Law Offices of Barry G. Doyle, P.C.
Owner-operators who are injured on the job are regularly denied worker's compensation benefits. However, a 2007 decision from the Illinois Supreme Court shows that even though owner-operators have signed independent contractor agreements, they may be considered employees under the Illinois Worker's Compensation Act and can receive benefits for work-related injuries.
April 30, 2010 By The Magas Firm
A brief summary of the law of Ohio relative to bicycling on the roadway.
April 29, 2010 By Jason Lundberg, Attorney - Allegiance Law
This article will address when a third party is liable for a criminal act of another. This generally occurs when a party is injured due to inadequate security, a poor lighting condition or where the third party fails to take proper precautions to protect an individual.
April 28, 2010 By Derzon & Menard, S.C
Wisconsin law recognizes two types of on-the-job injuries that are compensable under an employer's workers' compensation insurance policy: accidental injuries and occupational diseases.
April 27, 2010 By Christiansen Law Offices
The Federal Occupational Health and Safety Administration (OSHA) has had its eyes on the Las Vegas Strip since last year, when a sudden increase in construction worker deaths raised questions of safety at sites like the City Center.
April 27, 2010 By The Law Office of Attorney Robert A. Brenner
It is estimated that electrical injuries cause 500 to 1,000 deaths per year in the U.S.; 3 to 5% of admissions to burn units are a result of electrical injuries.
April 23, 2010 By MMLC Group
A welcome development, has been the enactment of a new tort law in China in early 2010. This law has the potential to change the legal landscape in China in relation to negligence claims, IP infringement matters and labor matters.
April 20, 2010 By Law Offices of Barry G. Doyle, P.C.
For most Illinois personal injury suits, the statute of limitations is 2 years from the date of accident. However, that is not a good reason to wait to hire an experienced personal injury lawyer. Delaying hiring a personal injury lawyer can create problems in your case which would be avoided by making prompt and wise decisions about hiring a personal injury lawyer.
April 20, 2010 By Greenberg, Stone & Alvarez, P.A.
Stork Craft Manufacturing recently recalled 2.1 million Stork Craft cribs due to entrapment, suffocation and fall hazards.
If you are injured in a car accident caused by another driver, how do you know if the settlement you receive in an insurance claim is fair?
Determining the events that took place before, during and after a car accident is a complex and critical part of an injury claim.
Families grieving the loss of a loved one should not have to also handle their own negligent fatality claim. That's a lawyer's job.
April 15, 2010 By The Law Office of Attorney Robert A. Brenner
Electrocution burns are a common outcome of electrical injuries. Electrocution burns occur when electrical energy is converted into thermal energy, causing tissue injury and death.
April 7, 2010 By Solomon & Relihan, P.C.
Arizona child seat belt law is lagging; Arizona is one of only three states in the country where five-year-olds are not required to ride in a car seat.