Personal Injury Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.
Every year, there are thousands of medical malpractice lawsuits against a small number of doctors. All too often, these lawsuits stem from botched or missed diagnoses of the underlying condition that caused one to seek the doctor’s help in the first place.
When it comes to service dogs and assistance animals, people often confuse the Federal American with Disabilities Act (ADA) with the Federal Fair Housing Act (FHA). The ADA laws apply only to commercial (non-residential) settings. They apply to specifically trained service dogs (and the very occasional miniature horse).
A unique California law disallows general damages such as pain and suffering to uninsured motorists involved in traffic collisions within the State. It applies strictly to the driver the automobile and not its passengers. It applies whether or not the collision was caused by the uninsured motorist. Some exceptions apply and are explained in this article. If you have been involved in a car, truck, bus or other motor vehicle accident, do not rely on this as legal advice. Consult a lawyer ASAP.
As many people know, once information is on the Internet, it can stay there forever. However, some individuals have a legitimate interest in having certain information removed from the Internet, so they may pursue doing this through Google, the largest search engine at the time of publication. There is a certain process that individuals must usually follow in order to effectuate this, and Google does not guarantee that all unfavorable information will be removed.
When people right their autobiographies or memoirs, they may recount stories that others do not wish to share. While the first amendment provides for the freedom of speech, this right is not absolute. Simply because a person deems something to be “nonfiction” does not make it true. Individuals who do not like the way that they are being portrayed may have legal claims against the author.
Last month, tire maker Continental recalled over 12,000 tires in two recalls for risk of tread separation and air pressure loss.
Working in the construction industry is one of the most dangerous jobs in the United States. Workers deal with a variety of hazards on a daily basis, including falls from elevated surfaces, getting hit with heavy equipment, motor vehicle collisions and electrical hazards.
According to a lawsuit filed in Middlesex County Superior Court, a woman who purchased multiple coffees at Dunkin’ Donuts in Highland Park, New Jersey, sustained slip and fall injuries after she tripped over an exposed spike in the parking lot of the establishment.
Construction-related deaths often result in civil wrongful death lawsuits.
Your insurance agent may be a friendly individual and perhaps even someone with whom you socialize on occasion. But no matter how friendly or sociable your agent is, the insurance company he or she represents can be your worst enemy following a personal injury or automobile accident. Despite popular slogans and advertisements, insurance companies will routinely attempt to settle a claim for as little money as possible. After all, it is the way they make money.
On May 11, 2015 the Responsible Dog Ownership Act was introduced in New Jersey by Democrat assembly members.
By DiTomaso Law
The Association of American Railroads claim stating 2014 was “the safest year on record for the railroad industry” is under scrutiny by train safety advocates. Five train accidents, including the catastrophic Amtrak train derailment in Philadelphia, have occurred this year.
The New Jersey Supreme Court recently ruled that a condominium homeowners’ association should be held liable for injuries sustained by an individual after slipping on a sidewalk where ice had not been cleared.
California workers' compensation makes available to the injured worker a bundle of insurance benefits. The purpose of those benefits is to help the hurt employee recover from their injury by providing medical care as well as financial benefits to offset temporary and permanent earning loss that results from a work related accident injury. This article outlines the different benefits that are potentially available to the injured worker under California law.
Motor vehicle accidents comprise a large proportion of personal injury cases. Determining which party is liable for the accident requires a careful analysis of the claim. Before a party is entitled to receive compensation for a motor vehicle accident, the plaintiff must be able to show specific elements.
By MMLC Group
China has experienced significant food quality controversies in recent years, bringing food safety and security to the limelight. Here, we review the new law noting what areas have been strengthened and how the regulations will be enforced.
To make a personal injury claim, medical evidence is mandatory. Unfortunately, if the medical report is unable to link your injuries to the accident, it will not be possible to take your claim further.
Workers’ Compensation is a statutory system of providing benefits for physical harm that arises in the course and scope of (i.e., during) employment.
Learn what Social Security Disability benefits are and when you can obtain them.
Obtaining Compensation for Brain Injuries Often Leads to a Complex Legal Showdown with Insurance Companies
Brain injuries change lives. They change the lives of the victim as well as the lives of their family members. Many people need life-long therapy or care after a traumatic brain injury (TBI), some may not be able to leave a medical care facility.
Motorcycles are everywhere, and drivers of cars and trucks should watch out for them. A motorcycle accident is potentially more dangerous than a typical car crash. Motorcycles aren’t outfitted with airbags, seat belts, steel cages, or other typical safety features found in cars and trucks.
You have to deal with the insurance company in every premises liability case. For that reason, there are several things to bear in mind. Insurance companies will use various tactics in the hope of convincing you that your claim is not that serious.
All over the news are stories about Volkswagen cheating their emissions tests to improve sales and get approval for their vehicles. This has left millions of consumers feeling betrayed, cheated, and angry. As a result, many wonder what their legal options are. Chief among those options is the question of whether to join one of the many class action suits against VW.
It's a day nobody thinks about, but then it happens. A person is involved in a car accident. Nobody wants this in their life. When this day arrives, they could be facing a difficult situation. Car insurance is something most people pay for every month and hope they never have to use. People are often disappointed when they become aware of the many things their car insurance may not cover. This is when they realize the insurance company wants to pay them as little as possible for their accident.
The Internet has allowed people from across the globe to connect, but it has also provided a way for people to surround themselves in mystery by making anonymous posts. However, abusive posters and people who attack the characters of others can be discovered and even sued for comments that they make online.
In order to file a claim against a driver who hit you while walking you need to prove that you were not at full fault for the accident. If the driver can prove that this was a distracted walking accident and you therefore contributed to it by not paying attention to your surroundings, you may not be able to recover as much or any of the settlement to which you are entitled.
Neighbor disputes can crop up due to a number of issues, but water damage issues due to the landscape of a neighbor’s property or naturally-occurring condition are some of the most common. The respective rights of each property owner depends on the specific circumstances involved in the case and local and state laws that address the subject.
Diabetes Drug Actos Linked to Bladder, Prostate, and Pancreatic Cancer Risk; Thousands File Lawsuits
The diabetes drug Actos has been linked to an increased risk of bladder cancer. Takeda Pharmaceuticals, the manufacturer of the drug, has agreed to pay a $2.4 billion settlement to resolve lawsuits alleging that the company hid its knowledge about the link between Actos and bladder cancer from patients. Recent studies have also suggested that Actos may be linked to an increased risk of prostate cancer and pancreatic cancer.
If you were injured in an accident, and someone is at fault for that accident, you may be able to recoup money for your injuries. Unfortunately, it can be challenging to do this on your own, which is why there are many benefits to hiring an Injury Law Firm to assist you with this. If you have never been involved in this type of law suit, you may have many questions about injury accident settlements.
Lawmakers in Pennsylvania are reviewing multiple provisions to discourage speeding in highway work zones.
What is the one place most people spend more time in than even their own homes? Even if you discount all those hours staying late at the office when you need to meet deadlines, and consider only the typical 9 to 5 workday, you still spend nearly one-third of your adult life in your workplace.
One of the first things that many clients ask is “will my case go to trial?” This question comes from every type of case. It’s understandable that you’ll want to get an idea of what you’re getting into before talking to a lawyer, and rest assured, most personal injury cases will settle outside of court.
Being involved in a hit and run accident can be confusing because the person who is at fault may not have been identified. However, the accident victim still has to handle other aspects of his or her case, such as seeking medical attention and initiating the claims process.
Making a police report can be a serious step that some people may prefer to avoid. On the other hand, speaking to a lawyer may not always be the first advised step. Being sure whether to contact the police or a lawyer can help individuals protect their legal rights.
Violence is rarely the answer, and this is especially true in the workplace. Yet, physical attacks can and do occur every day. When they happen at work, this creates a whole suite of considerations that can make the experience even more worrisome and problematic.
Most drivers exercise caution when they are behind the wheel. However, even though you may be driving cautiously and doing everything in your power to avoid an accident, there are still other drivers on the road who may be negligent. That is why people find themselves in a car accident every day.
Learn how the Inferior Vena Cava or IVC filters work and what lawsuits are being brought against the medical device.
Researchers from Canada have identified a new health risk to worry about during pregnancy: car accident injuries.
When people imagine car accidents, they think of the physical pain that the victim suffers, or the trauma of the accident itself. What people don’t realize is that car accidents can cost a lot of money.
Dog bites occur all the time across the country. Something many people do not realize is that you have legal rights if a dog bites you. You can file a claim to be compensated for anything from medical bills to lost wages.
Injuries from slip and fall accidents in stores are very common. There are many opportunities for customers to become injured.
As the end of the summer draws near, tens of thousands of Illinois students and their parents are actively preparing for the upcoming school year and the changes it will bring.
Learn the necessary steps to take to find a lawyer you feel comfortable representing you.
Question: I took my car in for service and when it was returned, my transmission was no longer working properly. The mechanic said that he didn’t do anything to it, but the vehicle was working perfectly when I left it at his place of business. I am not sure what type of lawyer I need or what I can do about the situation.
When a four-month-old’s parents brought her to the Emergency Room at Tripler Army Medical Center in Honolulu, Hawaii on October 18, 2012, their infant had been suffering from an upper respiratory infection accompanied by labored breathing.
The former Bruce (now Caitlyn) Jenner was involved in a fatal car accident on the Pacific Coast Highway last February.
In 2014, Maryland lawmakers elected to do away with laws that impose different liability standards on dog owners based on what breed of dog they own.
The insurance industry and corporate interests have worked for decades to sell the story of “tort reform,” the idea that “frivolous lawsuits” and the high cost of health care can only be stopped by limiting people's right to sue for damages.
Millions of people are bitten by dogs each year in the United States. It might be a neighbor dog that was previously friendly, or a strange dog that you encounter while out walking. Either way, dog bites and attacks can cause serious injuries, and national headlines reflect horror stories of fatal attacks and dog maulings. What do you do in the event that you are threatened by a dog? Should you stand your ground and fight?
Learn what you can do to strengthen your personal injury claim when working with insurance adjusters.
Mary Jo was injured in a crash, but the insurance company for the at-fault driver initially offered to cover less than half of her medical expenses due to her pre-existing conditions. The insurance company for the at-fault driver saw our client’s medical history as an opportunity to save themselves a few dollars. Luckily, she didn't fall for their tricks.
More than half of annual construction worker deaths are caused by falling, being struck by an object, electrocution, or being caught in or in between objects. While falls are by far the most deadly injury in construction work (34.6%), electrocution deaths and injuries are not a statistic to be ignored.
When older Americans become bedridden, they entrust their well-being to medical professionals in hospitals, nursing homes and other facilities.
Secretary of State, John Kerry, knows all too well how devastating bicycle accidents with motor vehicles can be when a car collided with his bicycle in May of this year.
Fluoroquinolone antibiotics that are frequently prescribed for sinus infections or urinary tract infections can cause permanent nerve damage (peripheral neuropathy). The FDA has now acknowledged this and is reviewing warning labels now. Learn about the dangers of the dangerous, common drugs.
Segways are two-wheeled vehicles that are powered by electricity. The rider of a Segway must balance on the device and can ride up to approximately 12.5 miles per hour. Because the vehicle possesses characteristics similar to motor vehicles, bikes and pedestrians, it can be difficult for people to know the rights and responsibilities that riders of the device have.
Segways are two-wheeled power-operated transportation devices that involve the user standing on top of the device and balancing in order to get from one place to another. While many states permit Segways on sidewalks, a rider may be held civilly liable if he or she crashes into a pedestrian or other person.
Segways are powered conveyances that provide upright transportation for speeds up to 15 miles per hour. They are sometimes used as an alternative form of transportation of walking or cycling. Segways are regulated on the state and local levels.
When a person is injured because of the negligence of another party, personal injury lawyers may be retained by the victim. Many personal injury lawyers take accident cases on a contingency basis, which does not require a payment of legal services unless the case settles or the jury awards a verdict. Consider the following ways that personal injury lawyers may be able to help your case.
In some instances, insurance companies may not properly respond to claims. They may delay in making payments or efficiently resolving the case. Sometimes there are legitimate reasons for this delay; sometimes there are not.
If you are involved in an accident that is primarily caused by a motorist who was uninsured or underinsured, you may be able to file a claim with your own insurance company. Follow these steps to ensure that your legal rights are protected.
Drones are small aircraft, usually used in a recreational capacity. However, some people see them as a safety and privacy risk as they have been used to deliver contraband to prisoners and have hovered dangerously close to the White House. Generally, you do not have a right to shoot such drones.
You could ask every teenager about sexting and many will be familiar with what it is and perhaps have engaged in sexting themselves.
When a company manufactures a product containing no asbestos, but knows their product will be used with a product containing asbestos, the courts are considering if they are responsible for issuing a warning to consumers. An example of this is a pump which needs gaskets in order to operate.
Since Facebook’s launch, millions of users have been drawn to the site to give friends updates, share pictures and reconnect. As such, it has provided people with a platform to communicate information in a way that they may otherwise never have considered. While posting information on Facebook may give people a sense of anonymity especially if their profile does not reflect their true identity, posting certain information on Facebook may provide the basis for a lawsuit.
Individuals who seek laser hair removal or other cosmetic procedures that utilize lasers may suffer burns. Whether or not such an injury provides the basis for a viable claim depends on a number of factors.
When a family member falls and sustains injuries while living in a nursing home, it’s common for families to worry about neglect. We all have seen too many horror stories about elderly parents being neglected or even abused in nursing homes. A fall injury doesn’t necessarily mean that neglect is going on, but it should be a cause for concern.
When you begin pursuing a personal injury claim, you start hearing all kinds of legal jargon. While some legal terms are unfamiliar, others are words that you hear every day but that have a special meaning used in a legal context. In the legal system, a complaint doesn’t refer to your medical ailments caused by the accident or a gripe about the person who is at fault.
If your child suffered injuries in an accident or an instance of medical malpractice, you know how important it is to get the help he or she needs. Protecting your child’s legal rights is just as crucial as securing the best medical care, especially if the injuries could have permanent implications for your child’s future. You may wonder when you need to make a decision about filing a claim or lawsuit on behalf of your child.
Summer travel is one of our country's favorite activities. With nearly 60% of Americans planning to travel more than 100 miles from home, it's no surprise that once in a while, we'll get a call. Accidents happen. Even on vacation.
According to the Center for Disease Control, gun-related accidents cause more than 15 percent of the deaths and injuries that are caused by gunshot wounds. An individual who has been injured in a hunting accident may have a viable claim for recovery, depending on the circumstances of his or her case.
When you consume food, you usually do not expect to find foreign objects in it. While such action may seem grotesque, whether or not you have a viable case depends on a number of factors. Additionally, pursuing the case involves an even closer analysis.
For generations, bullying has been a problem on the playground and in the classroom. However, with more children having access to electronic devices, a new form of bullying has formed: cyberbullying. This form of bullying can sometimes rise to the level of a criminal offense or a tort in which the parents of a bullied child may be able to recover on a monetary level for the suffering their child has endured.
Certified Environmental Services Inc., a New York asbestos abatement testing company, recently pled guilty in federal court to negligence for releasing asbestos into the atmosphere.
Finding an attorney for car accident damages, civil cases and insurance disputes is a concern that should always be taken seriously.
A subpoena is an order from the court demanding that someone or something be provided to assist in a case. Lawyers who are licensed in the state usually have the power to issue a subpoena. However, individuals who are a party to a lawsuit and other individuals may also be able to issue a subpoena, depending on the rules of civil or criminal procedure in the court that has jurisdiction of the case.
Construction site accidents happen for many reasons. Poor equipment, poor safety, and the constantly changing landscape mean those who own and run these sites need to be vigilant. Employers regularly have a site supervisor at the construction work zone to monitor dangerous conditions. Many times, the supervisor can prevent construction accidents but even with the best intentions, construction accidents still happen and often cause serious injury.
A worker was recently left hanging from his safety harness, eight stories up on the side of a building in Wilmington, Delaware for 30 nerve wracking minutes.
Proper supervision of employees is essential for the safety and well-being of all workers at a company.
Aerial lifts continue to injure construction workers. A common scenario is when a worker is pinned by a lift against an object, either to the side of the lift, or directly above the lift. On May 30, 2015 an aerial lift fatally pinned a 35-year-old Monroeville, Pennsylvania man against the roof of a bridge overpass near Pittsburgh, according to the Pittsburgh Post Gazzette.
Many times, people take generic drugs because they are more cost effective and included in insurance plans. However, these consumers may not have the same legal protections taking a generic drug as a brand name drug. Despite generics being copies of existing drugs, legal protections for consumers of generic drugs may not apply.
New teen drivers pose risks to everyone on the road due to inexperience and immaturity.
If you've been injured in an accident, one of the most important steps that you can take following the accident is to have an experienced, respected attorney represent you. A good lawyer will deal with the present while preparing for the future. From investigating a claim to filing a lawsuit, they will answer your questions and fight for a settlement that will help you heal and rebuild your life. Also, many attorneys work on a contingency-fee basis, so they only get paid if you get paid.
When you hire an attorney to pursue a personal injury claim on your behalf, you expect that lawyer to make sure you get all the money you deserve. If your attorney is pushing you into a settlement that you don’t feel is adequate, you may feel frustrated. Your lawyer works for you, not the other way around. If you feel a settlement is inadequate and your current attorney won’t or can’t give you a satisfactory explanation as to why you should accept this low settlement, get a second opinion.
Lawsuits filed by attorneys in California over Indoor Air Quality or Sick Building Syndrome, are increasing. The WHO estimates that nearly 30 percent of new and remodeled buildings worldwide have indoor air quality problems (possibly 20 percent in the U.S., according to one study). In California, dangerous indoor air quality and sick building syndrome are a growing area of law for lawyers in the areas of personal injury, real estate, construction, homeowner associations and business.
Hit and run accidents are particularly brutal and traumatic. They create many problems afterwards especially if the driver cannot be found. You could be left pleading with an insurance company for just a small amount of compensation. This is why you need to contact a lawyer right away. A personal injury attorney can do many things for you after a hit and run accident.
Propelled by the government’s investment in property, the construction industry is a leading section for the UK economy. In an industry where workers rely upon pneumatic tools, heavy duty machinery and other high-risk tasks, it is surprising that 40% of construction sites failed health and safety checks last year.
In some circumstances, one spouse may consider suing his or her spouse for particularly egregious conduct. However, whether the spouse can bring a viable claim against his or her spouse depends on the nature of the behavior, the nature of the relationship, state law and the particular circumstances involved.
We live in a society that values our elderly citizens, yet sadly, nursing home abuse and neglect are more common occurrences than one may think.
After a lengthy battle in court, Japanese drug manufacturer Takeda Pharmaceutical Company has agreed to pay out a record $2.37 billion to resolve claims that the company failed to warn users about cancer risks associated with one of their most popular drugs.
New Jersey is a great place to ride a bike. Depending upon where you choose to go, you can enjoy a smooth ride along flat plains, challenge yourself on an adventurous mountain trail, or take in the fresh salt air as you bicycle along the boardwalk next to the Atlantic Ocean. That’s the good news. The bad news is that New Jersey ranks second in the nation for fatal bicycle accidents.
Senators Edward J. Markey (D-MA) and Barbara Boxer (D-CA) recently focused their attention on the 1986 law created to protect students, teachers, and employees in the United States from asbestos exposure.
The Environmental Working Group (EWG) Action Fund recently released an analysis of federal trade data that more than eight million pounds of asbestos have entered U.S. ports since 2006.
Devices and smartphone apps that measure health information such as heart rate or sleep cycles could find their way to the courtroom.
In Los Angeles, California a jury has awarded a 73 year old woman $13 million for contracting mesothelioma from Colgate’s Cashmere Bouquet talcum powder.
By DiTomaso Law
Public works and commercial construction projects are increasingly proliferating throughout the nation as our slow but steady economic recovery continues.
When a person dies as the result of someone else's negligence, recklessness or deliberate action, surviving family members can file a civil wrongful death claim or lawsuit. For instance, wrongful death may occur as a result of negligence or intent when a victim dies in a traffic accident, a slip-and-fall accident or due to medical negligence, etc.
Some auto accidents seemingly result in only damage to two or more vehicles and no injuries to the drivers or passengers. What is common, however, but not often acknowledged, is that plenty of car accidents also lead to traumatic brain injury (TBI). The force of two or more cars colliding can do plenty of unseen damage, the result of which could lead to a person’s financial ruin.
When accidents occur on the road, we all know that the first thing you do is call the police to report the accident, exchange insurance information, and document the scene. But, what do you do when an accident occurs on private property? Who is liable, especially if the other driver leaves the scene?