Personal Injury Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.
If you have recently lost a loved one due to the actions or negligence of another, you may be seeking a wrongful death attorney for compensation. When a family member dies, there are emotional consequences but there are financial ones as well -and a wrongful death attorney can help ensure that the death does not cause a financial burden.
In Oregon, both UIM and PIP coverage are required for auto insurance policies. Learn why this coverage is required and how they can help if you have been in an accident.
As with cerebral palsy, it can be difficult to determine if your newborn suffered a brain injury. This is because oftentimes symptoms will not be apparent until the child is around four to five years of age. This is because doctors often need to see your child move to check coordination and motor skills as well as evaluate how well your child is learning.
Found in the majority of cerebral palsy cases (>70%), spastic cerebral palsy is believed to be due to damage in the outer layer of the brain referred to as the cerebral cortex which disrupts the path of communication from the brain to the muscles.
Also referred to as, dyskenetic cerebral palsy / choreoathetoid / dystonic cerebral palsy, Children with athetoid cerebral palsy suffer from damage to the basal ganglia. The damaged basal ganglia commonly manifests symptoms that including involuntary movements that make the child seem restless.
A less common type of CP, ataxic cerebral palsy (sometimes also referred to as hypotonic cerebral palsy) involves damage to the cerebellum. Ataxic cerebral palsy is usually characterized by significantly diminished muscle tone, coordination and depth perception.
CP can affect cognitive, motor, visual, sensory, speech, coordination, and autonomic functions. Below are the some of the most commonly associated deficits associated with cerebral palsy.
In Owls Head, Massachusetts lives a 5 year-old girl who is currently in a full body cast with a special attachment to keep her legs open in order to help properly align her hips. Makayla O’Hara-Damon was born with cerebral palsy, and suffers from many physical and neurological issues.
How does the Court in a Medical Malpractice Case Decide How Much Money to Allocate for my Child’s Future?
If the development of an individual’s cerebral palsy is related to the negligent care of a doctor, hospital or midwife, most jurisdictions allow for the parents or guardian pursue a case on their child’s behalf. While some jurisdictions limit the compensation that an injured party may seek for intangible damages such as pain and suffering or disfigurement, most jurisdictions allow for parents to recover money for economic damages that their child has incurred as a result of his birth injury.
Living life with cerebral palsy means living life with constant medical and therapy appointments. In order to gain the most mobility and the best quality of life it’s important for children diagnosed with the muscular disorder to start therapy early and go often. One family living in Britain is speaking out against Great Britain’s plan to cut legal aid. They claim their son’s life would have been unbearable without the therapies afforded them through their legal case.
Cerebral palsy can’t be cured, but treatment will often improve a child’s capabilities. Many children go on to enjoy near-normal adult lives if their disabilities are properly managed. In general, the earlier treatment begins, the better chance children have of overcoming developmental disabilities or learning new ways to accomplish the tasks that challenge them.
Cerebral palsy symptoms are varied depending on the severity of the case and what parts of the brain have been affected. Some cases are very mild, while others are extremely severe. Symptoms will most likely present themselves before a child is 2 years old, and can become apparent as early as 3 months. As each developmental stage passes which include sitting, rolling, crawling, and walking, symptoms will become more pronounced.
Of course, no parent ever wants to consider the concept of losing a child. However, when it comes to planning for the future of a child with special needs — with a birth injury or cerebral palsy– the life expectancy of the child is an important consideration to keep in mind when securing your families’ future.
Just as there are particular types of brain damage that cause cerebral palsy, there are also certain medical conditions or events that can happen during pregnancy and delivery that will increase a baby’s risk of being born with cerebral palsy. Research scientists have examined thousands of expectant mothers, followed them through childbirth, and monitored their children’s early neurological development to establish these risk factors.
In 0.5% of all labors, mothers experience antepartum hemorrhage, otherwise known as excessive vaginal bleeding during pregnancy. There are two main causes of the complication: placental previa which accounts for 31% of obstetric hemorrhages and placenta abruption which accounts for 22%.
Early signs of cerebral palsy may be present from birth. Most children with cerebral palsy are diagnosed during the first 2 years of life. But if a child’s symptoms are mild, it can be difficult for a doctor to make a reliable diagnosis before the age of 4 or 5. Nevertheless, if a doctor suspects cerebral palsy, he or she will most likely schedule an appointment to observe the child and talk to the parents about their child’s physical and behavioral development.
Meconium aspiration syndrome (MAS) is a condition where a newborn breathes meconium (newborn’s first stools – thick, sticky, greenish-black color) and amniotic fluid into the lungs before, during, or after delivery. When a baby is under stress or not receiving enough oxygen or blood, the baby can pass feces while still in the uterus. Once this happens, the baby can breathe the meconium and amniotic fluid into its lungs.
Erb’s palsy (also known as brachial palsy, brachial plexus birth injury, Erb-Duchenne Palsy, Dejerine-Kumpke Palsy) is the paralysis of the upper brachial plexus. The brachial plexus is a large network of nerves that send signals from the spine to the shoulder/arm/hand (diagram). If these nerves are damaged, it can cause the arm to be paralyzed, lack of sensation, lack of muscle control in the arm/hand/wrist.
18-wheeler and tractor trailer accidents account for a large percentage of spinal injuries in Alabama every year, particularly around the Birmingham metro area. However, some conservative juries are skeptical of a claimant's spinal injuries when the impact speeds are relatively minor or when the property damage is minor. This article addresses common spinal injury issues associated with truck accidents.
Several large personal injury actions have been filed against celebrities and movie studios in California by stuntmen seeking damages for injuries incurred on the job, explains a lawyer in the state. The negligence lawsuits raise questions regarding whether the stuntmen assumed the risk of harm in a job known for its dangers.
With the democratization of public access to conveying and receiving information that has accompanied the Internet, questions have arisen as to which authors should receive protections from the consequences of defamation claims, explains a lawyer. While legal decisions in Oregon have indicated that only journalists are protected, California courts have focused on the immediacy of the news dissemination, ruling that the authors of news websites, often referred to as bloggers, are also protected.
Contact a Worker’s Compensation Attorney in Las Vegas — File Your Lawsuit Immediately Following an Injury
Getting in touch with a Las Vegas worker’s compensation attorney is a decision you must make immediately after being injured on the job. Many employees often wonder how soon after an injury should they pursue a Las Vegas worker’s comp claim. Because every state law is different, it’s important that the injured party understands when to file and which channels to pursue.
Serious personal injury in Las Vegas can occur to the numerous motorcycle riders on our streets. While many motorcycle riders obey traffic rules and maintain a safe distance behind other motorists, accidents do happen.
Alabama law requires all motor vehicles operated on public roads to be covered by at least $25,000 in liability insurance. But, while having this coverage is in compliance with the law, is it adequate for the foreseeable circumstances of an Alabama auto accident? The answer is, usually not. It is common in the practice of personal injury and auto accident law for clients and others to mention that they have "full coverage" insurance.
The Los Angeles, California Metropolitan Authority (MTA) obtains funding from the federal government to provide its services. As such, it is required to comply with antidiscrimination provisions found in Title VI of the Civil Rights Act of 1964. A recent federal audit of the MTA suggests that it is not in compliance with the law, the impact of which has been felt on a personal level among local riders and civil rights groups, explains an attorney in California.
If you look at your insurance policy, it will probably have a section stating that you have a duty or obligation to cooperate with your insurance company. What that means is explored here. Most, if not all, insurance policies will contain a provision or provisions that require the policyholder (or anyone defined as an "insured") to cooperate with the company. In fact, this language will typically state that it is a "duty" to cooperate.
A person injury claim is a lawsuit that alleges wrongdoing resulting in harm to the person, property or reputation of the complainant. These types of injuries come under the branch of law called "torts", which is created to address civil wrongs against a person that is the result of a breach of legal duty. Personal injury settlement procedures and guidelines may vary, based on the nature and type of the personal injury.
While some automotive accidents only result in minor injuries, some result in very serious injuries such as nerve damage. Such injuries can result in serious consequences to the victim. Filing a personal injury claim can help traffic accident victims to recover the expenses associated with their injuries including payment for medical expenses and lost wages.
While most personal injury cases result from negligent actions, called negligent torts, there are some that are intentional, called intentional torts. Know the difference and it can help you start to understand the personal injury process.
In Portland, people like to walk, bike, etc., but there can be horrible pedestrian accidents. As Portland personal injury attorneys, we want to help prevent serious injuries by educating everyone about safety measures. Here we've outlined some basics for pedestrians.
A study by the University of Southern California took an in-depth look at 900 motorcycle accidents in Los Angeles and 3,600 motorcycle traffic reports. The study drew different conclusions about the factors that cause motorcycle accidents and provides useful information for avoiding accidents and injuries.
As a personal injury attorney in Georgia, I frequently get calls from car accident injury victims who want to fire their current attorney and hire a new lawyer to take over their case. It is always possible to fire your attorney and hire someone else. However, as every case is unique, it is important to keep some things in mind.
Elder financial abuse is one of the major issues that is a hot topic in elder law circles at the present time. Though it is hard for reasonable people to understand how anyone could target vulnerable senior citizens, it is something that happens with alarming frequency. The MetLife Mature Market Institute does a lot of very valuable work that shines a spotlight on matters of interest to seniors.
A personal injury claim is the best way to seek compensation from negligent parties if you have been injured in an avoidable accident. Most people don’t realize, however, that there is a time frame in which their claim must be filed or they will lose the right to sue. The statute of limitations defines this time period for different types of personal injury cases, and may differ depending on what state your injury occurred in.
Manufacturers of dangerous drugs and supplements should be held accountable for deaths and serious injuries due to their drugs or the side effects of their product. Drug companies have a duty to the public to make safe products. They must design, test, manufacture, and package a product to the best of their ability for the safety of their customers. Proving drug manufacturer responsibility for a defective product is a passion the the Clore Law Group.
As some point in your life, you are likely to have an elderly loved one who is unable to fully care for himself or herself. As people in the United States live longer, the population of people over the age of 65 continues to increase. Many people now live into their 80s and 90s with a great deal of independence. Even those who are relatively independent, however, eventually need some type of assistance in most cases.
When a person shows symptoms of a medical condition, such as a terminal illness or injury, they expect a doctor to be capable of providing them with the correct answers. If a doctor fails to correctly diagnose the obvious symptoms or gives an incorrect diagnosis, the patient may be a victim of medical malpractice.
A truck accident can have devastating consequences for the drivers and passengers of a smaller vehicle. When the reckless behavior of a large truck driver or the negligence of the trucking company causes a catastrophic Lake County truck accident, victims may be entitled to compensation. Entrusting your case to an experienced Lake County truck accident lawyer can help ensure you receive the full and fair compensation you deserve.
In November 2011, the Supreme Court of Minnesota ruled that the state may seek compensation from a California design firm whose predecessor company's faulty design caused the collapse of a bridge, resulting in several fatalities and even more cases of personal injury, explains an attorney. The ruling is a significant one, as questions of liability in such cases may become more pressing as America's infrastructure ages.
Patients who have been implanted with defective hip replacements continue to have a number of complications. These complications often lead to multiple surgeries. Lawsuits are being filed to help patients recover for their injuries. Recently, The New York Times cited a study that observed the outcomes of hip replacement surgeries over a five year period.
As one of the most complex and confusing areas of the law, premises liability cases involve a person’s injuries, illness, or death that was sustained while on public, private, or government property. If you were injured in a similar case, do not wait to speak to a legal professional right away.
As with the other forty-nine states, Alabama law has a statute of limitations for filing a personal injury claim. That is, a certain period of time within which a lawsuit must be filed to preserve the claim. This article addresses the different kinds of claims and the exceptions to them.
Every person who suffers a traumatic brain injury (TBI) usually has a medical status different than that of other TBI patients. The newly injured person may have diabetes, dementia or one of many other chronic medical conditions. These special circumstances often require treating physicians to explore some of the newest treatment and research information available in order to fully help all of their patients.
Alabama law requires mandatory liability insurance coverage for all automobile drivers. But, if you suffer a serious personal injury, the mere existence of coverage on the at-fault driver may not be enough. Plus, there is no guarantee the insurance adjuster will fairly handle your claim. This is when you must decide whether a qualified Alabama car accident attorney is needed for your claim.
How can you discern between the myriad of Las Vegas personal injury law firms? There are many choices, with most firms offering an extensive menu of services. How can you decide which firm may be best suited for your specific case? Before committing to one attorney or firm, consider this list of screening questions you can use to make your decision:
Many families feel guilt when they discover that the nursing home they trusted to attend to the needs of a loved has been neglectful or worse, hurtful. Families need an honest, trustworthy source for guidance. An injury attorney in Las Vegas can help you identify the signs of nursing home abuse.
Going about our daily lives, we seldom think about the inherent risks associated with certain behaviors. The driver of a car accepts the fact that they may be injured in an accident, but is comforted by the knowledge that car manufacturers utilize the latest in crash safety technology to minimize their risk of injury.
Build-A-Bear Voluntarily Recalls Toy Accessory - This holiday season we may find ourselves watching old nostalgic movies such as A Christmas Story (1983) which remind us of the erroneous judgment with which people used to parent. In those days children did not ride in car seats, helmets were not required, and recalls were unheard of.
Careless, drunk and distracted drivers clearly cause a large percentage of America’s accidents. However, poorly marked street and road signs may cause many other collisions. To address this situation, the Federal Highway Administration (FHWA) is giving American communities until 2015 to upgrade their local street and traffic signs.
The Civil Complaint is what typically starts the litigation process in personal injury cases. A Civil Complaint is filed by the injured party to start a lawsuit. It is the legal mechanism to initiate the proceedings in Court and, unless a Court Order is obtained otherwise, the Complaint is a public document. The Complaint requires the "Plaintiff", which is the injured person, to set forth their claims against the "Defendant".
This article briefly summarizes the current state of the law in Alabama with regard to car accidents caused by texting drivers, as well as proposed changes in the laws regulating smartphone use while driving. In order to recover compensation for personal injuries caused by a motor vehicle accident, Alabama law requires proof that the other driver was negligent.
Choosing the right California construction accident attorney to handle your case can mean the difference between recovering full and fair compensation or no compensation. Although many personal injury lawyers claim to have experience helping seriously injured individuals, few have the resources and knowledge necessary to win a complex construction accident case.
It is a given fact that a requirement for safe driving is well-maintained vehicle however having a good performing auto is not enough. A healthy car should be complimented by a sound and proficient driver in order to ensure total safety. In California, thousands of people are killed each year due to driver incompetence and negligence. This alarming situation may be addressed, much more resolved, if drivers know how to become competent drivers.
The Center for Disease Control ranks fall accidents as the third leading cause of unintentional death. In addition, fall accidents are the second most common cause of spinal cord injury and are one of the leading causes of construction accident injury. If you have suffered a Ridgecrest fall accident, it is imperative to understand your rights. Fall accident victims may be entitled to compensation for medical fees, lost wages, and other incidentals associated with the accident.
Because of the dangerous nature of construction work, employees of this industry suffer some of the highest fatality and injury rates in the United States. Employees work under hazardous conditions every day, so the contractor, property owners, and other parties involved are responsible for maintaining the safest working environment possible. However, when an act of negligence results in a catastrophic Bakersfield construction accident, it is crucial for workers to be aware of their rights.
A team of researchers in Canada has presented a potentially path-breaking new technology for the disinfection of hospital rooms, possibly helping reduce the number of deaths that result from hospital-acquired infections every year.
When an injury is caused by the use of an improperly designed, maintained or repaired crane, the injured individual may be able to collect financial compensation for accident-related damages.
Your insurance policy is a contract. It is an agreement where you pay premiums in exchange for the insurance company's promise to pay when a covered "loss" happens. But, what do you do if a "loss" happens but the company refuses to pay all or part of what is owed?
New York law requires property owners to ensure the safety of people on their land or in their buildings. This duty generally requires owners to keep their property safe and well-maintained. If a hazard is unavoidable — such as a large hole in the ground during construction — the owner must take steps to prevent people from being harmed by the danger.
Under the laws of Rhode Island, a lawsuit must be filed within three years after the incident causing your personal injury occurred. An insurance company may be sued up to 120 days later in some circumstances, but only if the original lawsuit is filed before this deadline.
With so many drivers on the road there is little wonder as to the number of car accidents that occur on a daily basis. According to reports from Florida’s Highway Safety and Motor Vehicles department, more than 235,000 accidents were totaled in the state’s most recent annual inventory that was conducted. And with that many crashes, the number and types of injuries resulting are likely to reflect the same magnitude.
California’s tourism has two sides – the positive and the negative. Just like any other industry in the State, tourism field offers a lot of benefits to the State government especially in terms of income tax rate.
The winter’s snows make the holiday season even more interesting and amusing. However, despite the scenic view of snowy holidays, it also brings tragedy to some. During snowy weather, road collisions are likely to happen. Because of this, it is a must for all motorists to take all precautionary measures to avoid getting involved in a traffic accident especially during winter time.
If you've been in an accident, you are only entitled to personal injury compensation if the accident was caused by someone else's negligence or actions. Learn how attorneys and insurance determine liability, or fault, after a car accident.
You may need to contact a Cleveland medication error lawyer if you believe that a prescription mistake led to injuries. You could be entitled to compensation through an Ohio medical malpractice claim.
If you’ve been injured and have an Ohio medical malpractice claim, contact a Cleveland medical malpractice law firm that has handled hundreds of successful claims like yours.
A diagnosis of hypoxic ischemic encephalopathy could lead to a birth injury claim.
An Ohio birth injury claim may be filed if your child was the victim of medical negligence and suffered injuries. To learn what your rights are and if you have a valid claim worth pursuing, you should immediately contact a Cleveland birth injury attorney.
A summary of the 5 main reasons why one could expect to face a medical error in an emergency room.
Repeat safety violations results in injuries and death before company is ordered to shut down.
While truck safety has improved in recent years, thousands of people still die in accidents with trucks every year.
American Trucking Association and federal regulators argue over trucker hours but truck driver fatigue found to be a factor in many trucking accidents.
Truck Accident Crash Data - The Federal Motor Carrier Safety Administration (FMCSA) works to reduce commercial vehicle accidents, injuries and fatalities. One of the ways it does so is by documenting accidents and sending warning letters to carriers that have failed to adhere to safety practices.
Being bitten by a dog can leave not only physical scars, but psychological scars as well. An experienced Arizona dog bit attorney knows that once an individual has been bitten or attacked by what they perceive to be a vicious dog, they will likely never feel the same about 'mans' best friend' again.
Have you been injured by a defective product? If so, you may be entitled to personal injury compensation for pain and suffering, and to replace income you may have lost as a result of your recovery. In that case, you need to hire an Arizona defective products lawyer to represent you in court, so that you get fair compensation for your injuries, pain and suffering.
According to the U.S. Government Accountability Office (GAO), certain errors by air traffic controllers rose by 81 percent between 2007 and 2010. These errors, which result in planes flying too closely to one another or too closely to an object, have the potential to result in injury or death. For instance, in January of 2010, an error made by an air traffic controller resulted in a plane crash in Hawaii that killed a pilot and passenger.
When you are injured in an accident caused by another party, that party's insurance company will try to settle with you for the damages. Skilled Kansas City personal injury attorneys know that the insurance company will not give you the full settlement that you are entitled to. They, like every other business, want to make money - so they will under compensate injury victims.
In April 2008, plaintiff Joao Gafanhao, 45, was driving northbound on Kennedy Blvd when he entered the intersection at 10th St and the front of his 1994 Ford Mustang stuck the front right panel of a 2004 Mercedes driven by Thomas Tota, who had been driving southbound on Kennedy Blvd and was attempting to turn left onto 10th St.
Detroit personal injury attorneys discuss postoperative bedsore case. In June 2006, plaintiff Dominick Carelli, early 50s, underwent bariatric surgery. The procedure was performed at Westchester Medical Center, in Valhalla.
In April 2006, plaintiffs Blake Gladin, 8, and Reise Gladin, 3, were passengers in a vehicle being driven to school on a freeway in Central Brevard County, Florida when the driver lost control of her sedan as she tried to avoid a truck that had entered her lane. Her sedan was then struck by a tractor-trailer driven by Scott Brecht in the course of his employment for Conrad Yelvington Distributors Inc.
On behalf of Steinberg, Goodman & Kalish posted in Chicago News, Illinois News, Personal Injury, Product Liability, Product Recall, US Consumer Product Safety Commission.
On behalf of Steinberg, Goodman & Kalish posted in Center for Disease Control and Prevention, Chicago News, Foodborne Illness, Illinois News, Product Recall, U.S. Food & Drug Administration.
On behalf of Steinberg, Goodman & Kalish posted in Auto Accidents, Brain and Head Injuries, Chicago News, Illinois News, Mass transit, Personal Injury.
On behalf of Steinberg, Goodman & Kalish posted in Chicago News, Medical Malpractice, Medical Malpractice Reform.
On behalf of Steinberg, Goodman & Kalish posted in Chicago News, Illinois Laws, Illinois Legislation, Illinois News, Medical Malpractice, Personal Injury.
On behalf of Steinberg, Goodman & Kalish posted in Center for Disease Control and Prevention, Chicago News, Food Allergies, Foodborne Illness, Product Liability, Product Recall, U.S. Food & Drug Administration.
On behalf of Steinberg, Goodman & Kalish posted in Baby Products, Chicago News, Illinois News, Product Liability, Product Recall.
On behalf of Steinberg, Goodman & Kalish posted in Auto Accidents, Chicago News, Illinois Laws, Illinois News, Motor Vehicle Accidents, Personal Injury, Texting.
On behalf of Steinberg, Goodman & Kalish posted in Auto Accidents, Brain Injury, Brain and Head Injuries, Elder Abuse, Illinois Laws, Mass transit, Medical Malpractice, Motor Vehicle Accidents, Nursing Home Abuse, Personal Injury, Product Liability.
On behalf of Steinberg, Goodman & Kalish posted in Auto Accidents, Bike Accidents, Brain Injury, Brain and Head Injuries, Illinois Laws, Illinois News, Medical Malpractice, Nursing Home Abuse, Personal Injury, Product Liability.
On behalf of Steinberg, Goodman & Kalish posted in Chicago News, Food Allergies, Foodborne Illness, Illinois News, Product Liability, Product Recall.
On behalf of Steinberg, Goodman & Kalish posted in Brain Injury, Brain and Head Injuries, Chicago News, Illinois News, Personal Injury, Product Liability, Product Recall.
On behalf of Steinberg, Goodman & Kalish posted in Chicago News, Illinois News, Personal Injury, Winter Safety.
On behalf of Steinberg, Goodman & Kalish posted in Chicago News, Illinois News, Personal Injury, Product Liability, Toxic Torts.
The Workers' Compensation Board maintains a database known as E-Case. This database contains all documents that are a part of your file. The Law Judge has access to E-Case at the time of your hearing.
The Workers' Compensation Board has completed a draft of the newest treatment guidelines which, if the Board has its way, will apply to carpal tunnel syndrome cases.
A hit and run car accident can be a difficult situation because if the striking vehicle is not found or identified, then there is no "at fault" or "liability" insurance company. However, you might be able to recover for damages.
The job of a Dallas personal injury attorney is to make sure that whatever injuries and damages you face in your life should be paid accordingly.
Your injury lawyer in Dallas needs your help to reach a mutual settlement or win the court case. This means that the more diligent you are in documenting and remembering the event, the more likely he can help you get the right compensation that you deserve.
Fatal falls are typically associated with older adults, specifically those aged 65 and older. Motor vehicle accidents are the leading cause of death for teens and young adults, and, while alcohol increases the risk of such accidents, it also makes this demographic more susceptible to falls. Recent incidents in New York and Colorado illustrate how the risk of suffering serious or fatal personal injury escalates when people drink, explains a lawyer.