Personal Injury Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Personal Injury.
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.
In the U.S. brain injuries are the leading cause of death for people under age 45 and approximately 5 million people living in the U.S. have suffered some type of brain injury.
Those seeking a wrongful death claim have typically suffered loss due to negligence, malpractice or the inaction of another person, company or organization.
CareAlliance Health Services is one of the largest employers in the Charleston area. It has more than 4,500 employees, including those at Roper, Roper North, & Bon Secours St Francis Hospitals, who are entitled to workers' compensation benefits if they suffer an injury at work.
South Carolina Workers Compensation laws were enacted to compensated injured workers for medical expenses and loss wages, including the employees of the Charleston County School District. Teachers, administrators, bus drivers, janitorial staff, coaches and all others employed by the school district are protect by these laws in the event they are injured at work.
Hundreds of thousands of children are treated in the ER every year for injuries sustained while playing on the playground. As Portland child injury attorneys we know many of these accidents can be prevented if parents are aware of the dangers.
Approximately 48 million Americans suffer from various types of foodborne illnesses every year, reports the Center for Disease Control and Prevention (CDC). Foodborne illnesses are caused by eating food or drinking water that is contaminated with a disease-causing bacteria or virus.
Have you suffered a miscarriage as a result of a car accident, trip and fall accident, slip and fall accident, or some other type of accident?
All motor vehicle accidents are not the same. And nowhere is this more true than when it comes to those accidents involving motorcycles. Further, the nuances of motorcycle accidents often have a direct impact on the kind of case that may evolve, how it is litigated, and the verdict and results ultimately obtained.
Drunk driving has long been one of the nation’s most serious traffic safety issues. In 2009, alcohol-related motor vehicle crashes claimed the lives of 10,839 people, according to the National Highway Traffic Safety Administration (NHTSA). Compared to 2006, there were 2,631 fewer fatalities in 2009. The group responsible for such accidents, however, has remained largely the same, as a car accident that recently occurred in Orange County, California illustrates, explains a local lawyer.
Concomitant with Southern California’s thriving car culture are heavily congested roads and high car accident rates. Researchers at Texas A&M found that Los Angeles and Orange counties have some of the worst traffic in the country. Such conditions have attracted widespread attention from the media, state transportation agencies, and safety advocates, many of whom are exploring a form of traffic control long used in European countries: the roundabout.
Nobody can deny that personal electronic devices like cell phones offer a lot of advantages to people; however, if used at the wrong place and at the wrong time, those benefits are easily thrown out of the window.
Lost wages are part of damages that can be recovered in a Personal Injury claim. The insurance company will want documentation. You will need to provide that documentation in order to prevail in your claim.
Child injury statistics show that child head injuries can be common. When your child is left under the supervision of another you expect that the caretakers will keep your child away from harm.
It’s important to take some precautionary measures before “going under the knife.” Surgery is complicated enough, and as a patient there are steps you can take to help it go smoothly and help you heal more quickly. It’s also hard not to feel helpless when going into surgery, so following these steps can give you some sense of control.
North Carolina motorcycle accident statistics show that these accidents typically account for a disproportionately high number of catastrophic traffic accidents resulting in brain injury, broken bones, paralysis, and death.
Approximately 2.4 million burn injuries are reported every year in the United States.
An injury is a harm done to or suffered by a person. There are literally tens of thousands of specific injuries that can occur to the human body, but those most commonly reviewed in a courtroom can be parsed into a few broader categories.
Car crashes are the leading cause of death for children under 14 years old in the United States.
Underinsured motorist coverage (UIM) is optional car insurance that you should purchase to protect you and your family. It covers the gap between the damages an innocent driver suffers in a car accident and the amount of insurance the offending driver carried. Underinsured coverage is needed it is often in the most serious of accidents, meaning when UIM is needed it is really needed.
With all the fall and winter sport seasons now upon us, everyone who enjoys skiing and snowboarding ought to check their gear to make sure they’re not employing anything that is been recalled during the last few years.
Diabetics have had ongoing issues with different drugs to treat their condition. Most recently, the drug Actos has been linked to bladder cancer and lawsuits are now being filed.
An unplanned pregnancy can have devastating consequences on a woman’s life. In addition to physical and emotional damages, many women also suffer financially as well. The cost of raising a child from birth to adulthood can soar into the hundreds of thousands of dollars.
By Roane Law
Nursing home abuse afflicts nursing homes across the nation, including the nicest of nursing homes. If your loved one is in a nursing home, you need to watch for any signs of abuse or neglect.
The Medical University Of South Carolina (MUSC) is the second largest employer in the Charleston area. There are approximately 11,000 employees who would are covered by South Carolina Workers' Compensation Laws and entitled to benefits if injured on the job. While hospitals present countless opportunities for injury, there are some that are prevalent. Remaining cognizant of these risks will help prevent injury. Workers' compensation will help when injury cannot be avoided.
Offshore workers put their lives on the line each and every day. When a worker is seriously injured on the job, they should pursue compensation to cover their losses.
Michigan dog bite attack attorney discusses when you can sue for a dog bite attack in Michigan and the legal rights of dog bite victims.
Serious injuries are covered under personal injury law. In many cases, victims can pursue compensation from the legally liable party.
There are certain factors that affect where a lawsuit can be filed. These can include where the incident happened, whether it falls under a federal law, and where the parties reside.
With personal injury claims, victims may be unsure of the benefits of hiring a personal injury lawyer. It will be necessary for the victim to learn about the advantages of hiring legal representation.
Most drowning accidents could have entirely prevented. When adults and children are killed in a drowning accident, their surviving family members may be able to file a wrongful death claim.
The construction industry is one of the most hazardous industries in the United States, injuring thousands of workers every year. These workers should pursue workers’ compensation claims, as well as third-party claims (where possible) so they can get the medical care they deserve.
Trucking accidents are often caused by dangerous actions, that can be considered negligent. Understanding how these contributing factors affect your personal injury law suit is imperative, if you are to receive the financial damages to deserve.
Animal behavior cannot be entirely predictable because they are animals and essentially wild to some degree. When innocent adults and children are seriously injured by a dangerous animal, they should seek compensation for damages such as medical expenses, reconstructive surgery and pain and suffering.
Numerous occupations involve driving cars and trucks for transportation or delivery of consumer goods. When drivers are injured on the job, they can usually pursue workers’ compensation benefits to pay for their medical bills and lost income.
Children are too young to care for themselves or be responsible for their injuries. When children suffer serious injuries or wrongful death, someone has to be held accountable.
In the spring of 2011, the FDA released a serious warning regarding an active ingredient called benzocaine which is widely used in infant teething medications. If your child has suffered life-threatening side effects after using medication containing benzocaine, you may have grounds for a personal injury lawsuit against the manufacturer.
Birth defects are a concern for every pregnant woman. Some women may have been told to take certain antidepressant medications during their pregnancy, which subsequently caused birth defects in their unborn children.
NYC motorists average an auto accident every 7.3 years, nearly 38 percent higher than the national average.
When an employee is seriously injured during the course of their work or when they suffer from occupational disease they may be eligible for compensation benefits. Workers’ compensation can assist the employee in paying for medical-related costs and disability benefits.
Every day America’s workers risk their lives while working in hazardous occupations. When a worker is killed on the job or from an occupational disease, their family members may be entitled to death benefits on behalf of the deceased.
America’s elderly population is expected to explode in the next twenty years as baby boomers reach their sixties and seventies. Unfortunately, the elderly are particularly vulnerable to financial exploitation by their family members and caregivers, and should be protected when they are taken advantage of.
Losing a limb can change a person’s life forever. When victims suffer from an amputation injury as a result of a horrific accident, they may have the right to sue the negligent party for damages on behalf of their catastrophic injury.
Personal injury law is that aspect of law that deals with civil lawsuits. These cases are handled by personal injury attorneys and they encompass all sorts of personal injury accidents, or injuries that are sustained due to the negligent and reckless acts of another individual or entity.
Tractor-trailer trucks pose a significant danger to smaller vehicles on the road because of their massive size. When a truck driver makes a serious error, it can wreak havoc for those smaller passenger cars and trucks around them.
Elevators are an essential component of American architecture. Unfortunately, when elevators are improperly maintained or when they fail to function properly they can cause serious and life-threatening accidents for their passengers.
In the hustle and bustle of New York City, emotions can run high as more people are dealing with the stresses of everyday life. Car accidents are an increasing concern for the residents of New York State, giving people no other choice but to pursue compensation for their injuries.
Motorcyclists are at a heightened risk of injury due to their lack of protection. Unfortunately, a substantial amount of motorcycle accidents are the fault of the motorist as opposed to the motorcycle rider, which gives them legal grounds to pursue compensation for their injuries.
If you've been in an accident, you are probably trying to ensure that your property damage and medical bills are paid by the insurance company. Well, to do this you will need to work with the adjuster - which can be more difficult than you realize.
Workplace injuries vary from job to job, but an injured worker should follow these guidelines regardless of their job title. These actions following a workplace injury will help expedite you receiving your workers' compensation benefits.
Countless unsafe and dangerous toys line toy store and supermarket shelves each and every day. In many cases they aren’t removed from the shelves until after an innocent child is injured or killed by one of these dangerous products.
Construction accidents are the leading cause for South Carolina workers' compensation claims. Job sites are inherently dangerous, but many people are surprised at some of the construction accident injuries that result in workers' compensation claims.
In the United States, the majority of worksite injuries are covered under workers’ compensation insurance and/or third party claims. These claims allow injured workers the ability to rebuild their lives after they have suffered needless injuries.
Large commercial vehicles pose a significant threat to other drivers and passengers on the road. When a truck driver makes a mistake it can have tragic consequences for those involved.
Cerebral palsy refers to a neurological condition that can affect a child anywhere from infancy to young childhood. This can cause serious damage to the muscle coordination of a child through damage to specific sections of the brain; however, is typically a static condition.
Every year thousands of people are victims of sexual abuse. Sexual abuse victims have the legal right to sue their abuser in a civil lawsuit; therefore, allowing them to seek damages for the physical and psychological affects they suffered as a result of the abuse.
After several brawls and other instances of violence resulting in personal injury at sporting events in California, new rules for attendants have been issued at stadiums throughout the state, and officials are discussing creating harsher penalties for offenders, explains a local attorney.
Similar to car accidents, the majority of boating accidents are preventable. Every year thousands of people are seriously injured or killed in a boating accident; many of which were caused by negligence.
Long-term use of non aspirin anti-inflammatory drugs is associated with an increased risk of renal cell cancer, according to a new study.
According to a report by the National Highway Traffic Safety Administration (NHTSA), in 2008, the State of California ranked number two in the list of states with highest number drunk driving-related fatalities, with 1,269 deaths recorded.
When you’ve been seriously injured in an accident due to someone’s negligence you can file a personal injury claim. A personal injury lawyer can help.
Knowing what to do, and where to turn to, are the most important things if you are in an auto accident. It doesn't matter if you are the person being sued or if you are the person bringing a claim. The difference between doing things "right" and waiting or making "mistakes" can be costly. In this article, the author explains what you should know if you or a loved one are in an auto accident.
Trying to find a good personal injury lawyer? Here's a guide to help you find the best attorney for your case.
Most personal injury clients come to their attorney with a history of some prior injury or pre-existing medical condition. The question is: how will the pre-existing injury affect the new claim?
Wrongful Death is a complex personal injury is a civil matter that is often accompanied by criminal charges. Proving wrongful death is independent from the criminal charge and requires experience that only come with years of practice.
Insurance company claims denials may result in you having a case against them for "bad faith".
When a married car accident victim suffers from disabling condition, his or her spouse will normally have to worry about expenses for medical bills, medications, pain and suffering, and loss of income. Generally, no one pays too much attention about loss of consortium.
Electrical shocks can range from a mild discomfort to death. Electrical shock is a cause of workplace injuries that often results in long term disability and death. The following are the leading causes and recommendations of how to prevent them from occurring.
The diabetes drug Actos has been linked to bladder cancer. Actos acts as a foreign agent that can lead to mutated cells and cause cancerous tumors.
Vehicle accidents involving teenagers are a growing concern in the country. According to statistics, car accidents are the leading cause of fatality among teenagers aged 15 to 20. A 2009 study by Centers for Disease Control and Prevention (CDC) reports that eight teens are killed due to car accident injuries each day.
If an intoxicated person is served alcohol and, as a result, causes injury in a drunk-driving accident in Georgia, the victim can bring a claim against the server, whether a shop, eating or drinking establishment, or a home owner under Georgia dram shop liability laws.
There are many types of accidents and injuries that lead to personal injury law suits, but the process remains basically the same. The following is not intended as free legal advice or an exact process for handling your own law suit. It is intended to help you better understand the process so you can choose your lawyer with confidence.
A dictionary defines pain as the sensations one feels when hurt, mentally or physically, suffering the bearing or undergoing of pain, distress or injury. Some jurors see pain and suffering as a person's attempt to get money for nothing or a shot at winning the lottery. The burden falls on the plaintiff's attorney to convince the jury that although pain is subjective, it is very real for the person who is in pain.
The Texas legislature in 2007 amended the laws that deal with medical malpractice cases. Texas Civil Practice and Remedies Code Sec. 74.151, entitled Liability For Emergency Care, now states that a person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency unless the act is wilfully or wantonly negligent.
Lawsuit filed over allegations of child abuse and molestation by an employee of Ameriken Caring Services, Inc., which was contracted by the Peabody School Department, to transport children participating in school's summer program.
If a physical or sexual attack takes place on a commercial property, the victim may have a claim based on negligent security law.
Southern California needs to have safer drivers. According to Allstate Insurance Company’s annual “Best Drivers Report,” the most unsafe drivers may be found in Southern part of the State. The report determined the country’s 200 largest cities in terms of car-collision frequency.
With so many dual-income households and single parents, many parents have no other choice but to entrust their children in someone else’s care. Unfortunately, not all day care facilities provide safe and nurturing care for young children, and when neglect or child abuse threatens the health and safety of a child, their parents may have the legal right to pursue damages in a lawsuit.
If you or someone in your family has recently been injured in an accident, your short- and long-term healing plans likely include both traditional and CAM treatment. You are most likely already familiar with traditional treatment and therapies like prescription drugs, physical therapy, occupational therapy, and speech therapy. But this may be for your first introduction to CAM.
Passengers of cruise ships can become seriously injured in a cruise ship accident, the same as any place else. Injured passengers must take immediate action before the statute of limitations expires.
In most states, if you have a previous medical condition that is made worse in a car accident, you are entitled to recover.
Despite strict implementation of traffic rules, and constant reminder of certain state government agencies about driving safely, car accidents in California still remain a significant problem. According to estimation by the National Highway Traffic Safety Administration (NHTSA), about 4,000 vehicle accidents occur each year in California alone.
If you've been in an accident, it is important to get a copy of your police report. If you plan to bring a personal injury case to the other driver's insurance company, the police report can be an important piece of evidence for proving liability and damages. Read more about how to request this report.
In 2009, drunk driving fatalities accounted for 32% of all traffic deaths. That works out to one person being killed in an alcohol-impaired accident about every 50 minutes in the United States.
The U.S. Senate is pushing legislation that would give more power to the Federal Motor Carrier Safety Administration.
The law firm has created a new website, www.BuckfireBooks.com, which makes its complete library of books available to the public. Visitors can request the books online or download them instantaneously. The website colorfully displays each book and describes the benefits of each book to the consumer. Each book has been carefully written in plain English to help injury victims understand their legal rights and the legal process.
Many people think that if they are injured in a hit and run accident cannot make a claim for personal injury because the other driver is no-where to be found. This is definitely not the case. You can make a claim on your own policy under the uninsured motorist coverage which, is typical coverage that you pay for when getting your policy.
The diabetes drug Actos has been linked to bladder cancer. These are frequently asked questions regarding the actos-bladder cancer link.
Car accidents are the most common source of personal injury actions in the United States. As a result, your South Florida car accident lawyers know that it is highly likely that you or someone in your life will be involved in a car accident that leads to personal injuries at some point.
A rowdy pool party turned into a tragedy at the home of a Houston Texans defensive end player. Authorities do not suspect foul play in this swimming pool accident.
A recent study conducted by the Insurance Research Council (IRC) reports that on average one in seven drivers in the U.S. are uninsured. Although the incline dropped slightly in 2009, current estimates of the number of these drivers reach as high as 28 percent in states notoriously known for their record level of uninsured motorists.
Finding a babysitter in California may get a lot more complicated! If Assembly Bill No. 889 is passed, a Friday night date could face extreme changes.
Our most important piece of advice for every driver on the road in Southern California: make sure you have uninsured motorist coverage, and plenty of it.
The United States Coast Guard maintains a statistical database that breaks down the number and type of accidents in any given year.
The story is always the same: it wasn’t my fault. But statistics refute the statement.
Truck accidents are almost always more hazardous to normal road-going motorists than to the truck drivers.
Drowning is the sixth leading cause of unintentional death, with nearly ten people per day dying from drowning.
Catastrophic accidents, such as crashes and collisions involving cars, trains, buses, motorcycles or airplanes - often have devastating and life-altering consequences.
In an Oregon accident case, there are four common ways to conclude a personal injury lawsuit: negotiation, mediation, arbitration, and trial. This article discusses all four and offers basic descriptions of each.