Personal Injury Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Personal Injury.
Bicycle accidents can cause devastating injuries when a vehicle is involved. With little to protect bicyclists from negligent drivers, the results of bike crashes can be devastating.
Utah law identifies a presumptive personal representative as the person to handle the responsibilities of wrongful death claims, based on relationship to the deceased. This role involves addressing many legal details during a period of personal stress and grief for the close loved one who takes on this role.
The Utah Workers Compensation system makes claim filing easy for injured workers, who can leave the paperwork to other parties after notifying their employers of an injury.
If you have been in an accident with a teen driver, you may wonder what sort of recourse you have in order to protect your rights. Teen drivers are often difficult or costly to insure, and they are often insured under their parents’ insurance policy.
Ultra compact cars – often called minis – have increased in popularity in recent years, in large part due to their relatively inexpensive price tag and high fuel efficiency. Unfortunately, many of the smallest cars sold in America are also some of the most dangerous and the most likely to result in serious injuries and deaths in an auto accident.
The birth of baby is usually a joyous occasion for expectant parents and their families. Since pregnancy and childbirth are a normal physiological process, the woman usually goes through the 9 month pregnancy expecting everything to be perfect at the end.
From a client’s perspective, one of the most confusing and challenging parts of a personal injury lawsuit is the deposition. Unless a case settles very quickly after the complaint is filed, a deposition will inevitably be part of the legal process.
If you have been involved in a personal injury accident, you are likely hurt and confused. It is important that you not delay in getting the medical and legal help that you need so that you can protect your ability to seek financial compensation for your injuries and damages.
Every day restaurant customers and employees are injured in restaurant accidents. Injuries happen in restaurants for a number of reasons, including hazards such as food or drink spills, poor lighting, lack of or broken railings on stairways, failure to maintain the premises, burns by hot food or drink, food poisoning, sharp kitchen tools and utensils.
Tort reform initiatives seek to limit plaintiff’s access to the court system, restrict the types of claims that can be asserted, and cap the damages to which you may recover in a lawsuit.
No one plans on getting into a car accident or other personal injury accident, but accidents can and do happen. It is important that, if you are injured in a personal injury accident, you understand your rights and legal options. An experienced personal injury attorney can provide you with the crucial information that you need in order to get the compensation that you deserve.
Toys and other children’s products, such as cribs, car seats and highchairs, can result in serious injury and even death when they are dangerous or defective. Sometimes a product is inherently dangerous, making children susceptible to risk of injury even when the product is used correctly. Other times products may be dangerous when used incorrectly or manufacturers may not include the necessary warnings on the product.
Most people will list drunk driving as their first guess for the most lethal cause of collisions caused by negligence, but digital gadgetry has ushered in a new era of “distracted driving” collisions – especially texting while driving accidents.
By definition, personal injury law involves any injury that is the direct result of another person’s failure to exhibit reasonable care.
Who can file a claim for a fatality accident in Ontario will depend on the circumstances of the particular case. In most instances, the blood relatives (husband, wife, mother, father, children, etc.) will be entitled to file a claim.
Important information and helpful, recently released statistics for automotive accidents that have been caused by a distracted driver.
A 33 year-old Brooklyn woman is suing a hospital for medical malpractice after a simple surgery resulted in an infection, causing both her legs to be amputated.
Dog attacks can be extremely vicious, dangerous, and painful and if you are the owner of the dog, you may get sued - so preventing dog attacks is good for both parties all around.
Skiing and snowboarding accident claims: An important Judgment of the Italian Supreme Court [N. 28616 of 20.12.2013] excludes strict liability for the Ski Resort Operator if an accident on the slopes has been caused by excessive speed.
When it comes to American football or hockey, there is nothing more thrilling than the sound of two athletes smashing into each other. They put their bodies through unbelievable abuse for the entertainment of the crowd and a sizable paycheck. But what about the rest of us? What happens if a child is injured in a recreational league game, a college student at intramural sports, or adults during a social game? Could that injury form the basis of a lawsuit?
Most of us have probably heard or been told that anything we tell our doctor is confidential. While this may be reassuring, it may have left you wondering why it was true and what the reason for that confidentiality was? How far does it extend? Would it hold up in court?
Few areas of legal practice are as crowded as the personal injury field. In most jurisdictions, billboards, website banner ads, television commercials, radio spots, yellow pages and magazine ads, and other forms of advertising permeate our consciousness with pitches for different personal injury attorneys. With so many choices and so much information, how does one choose the best personal injury attorney?
Over the last few years, we have become increasingly aware of the dangers of concussions as several professional athletes have experienced severe emotional problems related to their traumatic brain injuries. Unfortunately, concussions are not just limited to top professional athletes. So what can you do if you or your child suffers a concussion?
Every year, millions of Americans use the services of psychics, mediums, palmists, and others who claim supernatural abilities. While most see such activities as entertainment and not to be taken too seriously, there are many who believe it wholeheartedly and, as a result, often find themselves out thousands of dollars before they realize they have been had. This leads many to wonder whether there are any laws that regulate psychics.
Employers are legally obligated to provide a safe working environment for their employees.
In Chicago – and the rest of the Midwest – winter has arrived, bringing with it snow, ice, and cold temperatures. At Ankin Law Offices, LLC, our Chicago accident and injury lawyers are dedicated to promoting safety – especially during winter months when conditions are more hazardous.
Kids will be kids, or so the saying goes. As such, children often roughhouse and get into small fights in the schoolyard. Most parents, teachers, and administrators, while not pleased by such conduct, know that it is an inevitable part of life in the school system and for many, a rite of passage for the children involved. But legally, when does it go from a simple schoolyard brawl punished by detentions or suspensions to a battery that could be punished by jail or a civil lawsuit?
Victims of the side effects of Adderall and related medication have pursued lawsuits against corporations for the suffering that they have endured.
In a press release recently by the FDHS the Florida Department of Highway Safety and Motor Vehicles, there has been an increase in fatal hit and run auto accidents within the past two years in Florida.
Automobiles are safer today than they ever have been. Airbags, seat belts, crumple zones, computers that monitor road and vehicle conditions, and many other features help to keep drivers and passengers out of accidents all together, or protect health and safety if one does occur. But sometimes those systems are improperly manufactured or installed. Sometimes after-market additions interfere with their proper function.
A watchful eye may be the better alternative to no eye at all in a situation where abuse of elderly or otherwise vulnerable residents is known to happen.
As an employer, one is often subject to a lot of liability and often from unexpected sources. Not only are there concerns about meeting payroll and keeping your business afloat, an employer must also ensure that all of its employees are properly qualified before hiring and adequately trained and supervised once employed. Otherwise, an employer could find itself liable to a third party for negligent hiring and retention. But what is negligent hiring and retention?
Ever had second thoughts about loaning your car to someone, or wondered what kind of liability you could face if they got in an accident? If so, and probably without realizing it, you may have been worrying about the idea of negligent entrustment.
Perhaps one of the most prolific – and horrendous – cruise ship accidents in recent memory was the January 2012 sinking of the Costa Concordia. When the ship ran aground off the cost of Italy, 4,200 passengers and crew members were forced to evacuate. Unfortunately, dozens of passengers were injured and a yet-still-unknown number killed.
Every year, hundreds of thousands of people are injured while using a power tool. Many of these injuries are self-inflicted and the result of inexperience or recklessness. Still, others are the result of a defectively designed or manufactured product. So, what should you do if you fall into the second category and have been injured by a faulty power tool?
Whenever cold weather approaches, there is an increase in the number of people who leave their cars running unattended in an effort to warm them up before driving anywhere. While this might be good for the engine and make for a toasty commute, it may not always be legal.
December 9, 2013 A battle is currently underway that will determine whether drug makers can hide data about the safety and effectiveness of the drugs they sell or whether they will be required to release this critical information to the public.
Everyday, millions of women have various services performed at beauty salons. Hair cuts, dying, threading, manicures and pedicures, massages, and a host of other services are now available. While one rarely thinks about it, though, beauty salons are actually very dangerous environments. So what should you do if you are injured at the beauty salon?
It is an ugly reality, but it is known to happen: petty people misusing the very serious charge of rape as a way to gain an upper hand, get revenge, or otherwise harm another person. The results of such a false accusation can be devastating, even if the person wrongfully accused is ultimately acquitted. So, what can the innocent person do in such a case? What are the consequences to the false accuser?
In order to find ways to prevent terrible acts of violence from guns, and to reconcile those acts with our deeply-ingrained gun culture, we must first make steps to understand that culture.
Being in any accident can be a nightmare, but when you are the driver of a vehicle that collided with another from the rear, it can be particularly troubling. Conventional wisdom will usually tell you that the driver in the back is always at fault, and in most instances this will be true, but not all.
It is common practice for an injured party to file a claim with the trucking company when involved in a collision with a commercial vehicle. The driver of the truck was most likely working at the time, and his employer, the trucking company, is responsible for ensuring that he followed the laws and drove safely.
Contracts talk about them, statutes mention them, even TV sitcoms joke about them, but what are acts of God? Many people might think they have a good idea, but given that insurance is often designed to protect against most catastrophes except acts of God, how confident are you that you actually know what is covered?
With the rise of social networking, many have lost some of their concerns about personal privacy. Indeed, millions of Americans share the intimate details of their lives with an audience of dozens to thousands to sometimes even millions of people everyday, and think nothing of it. But what happens when someone begins to use this information against you? Are they violating any laws by following you online or bothering you on the Internet?
There is nothing more basic to every day of our life than breathing. When breathing becomes difficult and even mild exercise causes shortness of breath and fatigue, it affects almost all our daily activities and the ability to work is severely impaired. Social Security Laws may help by providing income benefits (Social Security Disability Income (SSDI) and Supplemental Security Income (SSI)) and medical benefits (Medicare and/or Medicaid).
When you seek legal representation from a personal injury lawyer, there are 10 things that they likely won't tell you but that you need to be aware of.
Imagine this: you go to the car dealership, financial information in hand, ready to buy a car. A few weeks later you discover that someone has stolen your identity. Based on the information stolen, you realize that it was taken from the car dealership. Maybe you get some of the damage undone, maybe not. Aside from the actual thief, who you may never be able to identify, can anyone else be held responsible?
Las Vegas is a city with many things to boast, including a growing pedestrian population. According to the Regional Transportation Commission of Southern Nevada, the city has made some changes. These changes have allowed an increase in residential and commercial uses throughout the downtown area, leading to a jump in pedestrian travel.
After several years of coverage by the media, the American public is now considered to be on notice about the dangers of reading, sending or composing text messages while driving. Statistics like the study by the Virginia Tech Transportation Institute, which found such behavior triples one risk of being involved in a car accident, has been cited in many news stories of the past three or four years. Yet, despite the fact that texting and other forms of distracted driving was responsible for 3,331
As new medications tailored to help individuals get a good night's sleep continue to flood the market, the Food and Drug Administration has taken an increased interest in the effect of these medications on motorists. Many Americans have turned to sleep aids when they are unable to sleep soundly, but questions have been raised as to whether these medications may create dangers on our roads in the morning.
Law of negligence determines who is responsible for a car accident. Sometimes it is clear, sometimes it is shared and in some instances it can be complicated if one of the drivers is utilizing a company owned vehicle.
Obtaining compensation seems pretty straight forward in many personal injury cases. In others, you may wonder if you should even bother filing a lawsuit. Not matter what the cause of your injury, an attorney can help you determine what your legal options are for seeking compensation.
When a devastating accident occurs you can be sure that trucking companies will have lawyers on their side fighting for them. It is important that you gain more than equal footing by having an experienced truck accident attorney working to protect your best interests as well.
Being involved in a Miss and Run accident does not mean that obtaining compensation is impossible. There are some important steps you should take to protect your claim, including contacting a car accident lawyer who has a proven track record of getting results.
Every year, millions of Americans buy a range of diet and exercise products. After obesity became one of the most prominent health concerns in the United States, the market for these products exploded. Unfortunately, each year a number of these products is discovered to have a harmful effect on the health of the person using them. So what do you do when you find out that your diet pills are hurting your health?
When an immediate family member witnesses an attack, even if they were not the one injured, they may still have a claim for compensation.
The majority of car accidents are the result of a driver being careless or reckless. Yet in some instances human error may have been caused by a roadway or intersection that was designed poorly. In such situations the only course of action may be to sue the government entity that is responsible for the roadway.
Three of the ten deadliest jobs in America are construction-related. Roofers are no. 4 on the list, followed by structural iron and steel workers at no. 5 and construction laborers at no. 10.
No reasonable person ever wants to find themselves in a hospital emergency room. If you find yourself there, chances are you have been seriously injured or are gravely ill and in a lot of pain. An emergency room tends to be overloaded with patients and understaffed. This type of stressful atmosphere can often time lead to mistakes.
Service of process must be done accurately and according to the rules of each jurisdiction. Generally, three methods of process are permitted: personal service, substituted service, and service by publication. Personal service, or hand delivery, is always preferred as it is seen to be most accurate. Substituted service is allowed when the defendant is unable to be contacted in-person. Service by publication is only used as a last resort, as it is quite unreliable.
For many, it can be a nightmare scenario: driving safely and minding their own business when another vehicle hits them, causes damage and possibly injuries, then flees the scene. What do you do? Who will pay for the damage?
Losing a loved one is never easy, especially when the loss could have been avoided. Often in cases of medical malpractice, those who are left behind after a loved one's passing wonder why the doctor is not going to jail for murder. Is it possible for one to charge a doctor with murder when their treatment of a patient was so poor as to result in death?
Anyone who has grown up near a park, nature preserve, or in a rural setting probably came across a wild animal that he or she wished to adopt. Whether it was a baby duckling, a squirrel, a raccoon, or even a bear cub, there are laws affecting raising wild animals.
A Castro Valley assisted living facility was shut down by state social services last month. Patients were left with minimal staff to attend to their needs.
I recently spoke to a friend, who is a personal trainer, about diet and exercise. Her advice, while well-intentioned, was wildly off-base from a scientific standpoint. This got me to wondering, what if I had taken her advice to heart and suffered a loss? Would the consequences of choices I made about diet and exercise be mine alone or would she have some liability for her inaccurate assertions?
If you have been involved in a car accident in Italy and have suffered damages, there are a few important things you need to note. As any Italian personal injury lawyer will tell you, according to Italian Law, the person who caused the damage has the duty to restore the victim back to the position they would have been in if the damage had not occurred - as set out in articles 2043 and 2054 of the Italian Civil Code.
Not long ago a Queens construction worker died when he fell through a floor and struck his head on a steel girder. The 42-year-old worker was rushed to the hospital but sadly died shortly afterward from his injuries.
A gall bladder attack can come on without any warning. Pains on your right side radiate to your back. The pain becomes more than you can bear, so you go to the nearest emergency room and seek medical help. A few quick tests are performed and it is determined that your gall bladder is the offending organ and it needs to be removed. The surgeon assures you that this is a common procedure and you will be just fine afterwards.
Brain injuries aren’t just the NFL’s problem, but if a concussion is one type of TBI, it’s downright irresponsible to “minimize the dangers” of having a concussion.
An occupational disease is one that has been contracted as a direct result of a persons employment.
Whenever someone dies it is normal for the survivors to want to find an explanation and a person to blame. Unfortunately, in some cases, nobody is to blame, and it was just that person's time. But, in other cases, when the death could have been avoided and someone else was in a position to prevent it, a wrongful death may have occurred.
Fetal distress may force parents to choose between neonatal surgery, early delivery, or a “wait and see” approach involving fetal monitoring. Yet, some problems require immediate action by a doctor.
If a pit bull or rottweiler has a bad moment, instead of being bitten, often someone is maimed or killed; that has now created off-the-chart actuarial risk.
All too often stories appear on the news of children in trouble with the law. Some bring guns or knives to school, others are shoplifting or stealing cars, and of course, there are always the ones who get into fights. Often, public outcry demands that something be done against the parents as well as the child. So, who is responsible when a child breaks the law?
While, Halloween is one of the more festive holidays, there are quite a few risks that can be easily addressed and prevented. Here are some tips for a perfect, kid-friendly Halloween.
Learn about Texas state laws regarding texting behind the wheel.
As you and your family prepare for Halloween, there are several things to keep in mind to ensure that you and your family have a safe and fun holiday. Although Halloween is a festive time of year, it can also be a risky time of year with a heightened risk for accidents and injuries.
Drunk driving is a serious offense that should come with strict consequences. An accident involving a driver who is impaired by alcohol or drugs often results in serious injury or death.
The usual avenue for employees seeking compensation is through a worker's comp claim. An exception to this is an intentional tort claim. This case examines a man suing a city for an assault he suffered while working for the city.
On August 29, an accident in Topeka caused two cars to break free from the hauler that was transporting them and fall from the overpass.
After neglecting to wear a seat belt, a Kansas teen sustained fatal injuries in a single-vehicle auto accident on the state highway.
Whenever one engages in sports, there is always an inherent risk of injury. Most athletes accept this risk as part of the game. Most injuries are accidental and relatively minor, like sprains, twists, and the occasional bone break. But what happens if an injury occurs as a result of a deliberate hit or someone acts so recklessly that injury is almost certain to occur?
Any car accident can be scary, embarrassing, and financially draining. But, those sensations can be greatly enhanced when the accident involves only one vehicle. Obviously, factors like road conditions, hidden obstacles, and weather conditions can adversely affect one's ability to control a vehicle and can result in an accident. So who will be liable?
Imitation may be the sincerest form of flattery, but when it comes to stealing someone's product design it may be the basis for both civil and criminal liability.
Food fraud is the deliberate mislabeling of food products for financial gain with the intent of deceiving the consumer regarding what is actually in the package. The United States Pharmacopeial Convection (USP) reports that these acts of fraud have increased by 60 percent over the last year alone.
A study published in September 2013 in the journal JAMA Ophthalmology has shown that those patients who take Crestor have an increased risk of developing cataracts.
Traffic accidents involving trucks are among the most deadly of all highway accidents, especially when they involve large commercial trucks and smaller passenger vehicles.
The phrase “consumer rights” is thrown around rather freely these days. But what are consumer rights? Are they written down somewhere? Where do they come from? What are the rights?
It is a usual phenomenon for claimants in motor accident claims to claim for ‘a little something extra’ following a genuine loss. This practice stems from the perception that there is nothing to lose in making an inflated or exaggerated claim. This perception has now been verified judicially.
There are a lot of road conditions that can affect the safety of drivers out on the roads. Animals straying onto roads can cause serious accidents and this is a real concern for many Missouri residents.
Have you ever been walking along a sidewalk or walkway and taken a fall? Maybe a step was uneven or there was ice on the ground, or a root had broken through the concrete. Whatever the case, it is possible to seriously injure yourself, even through no fault of your own, just walking down the sidewalk. But, who should be responsible for those injuries?
Antidepressants, such as Prozac, have become associated with violence and suicide resulting in the FDA requiring black box warnings on their prescription labels.
Negotiation of liens is a very important part of any personal injury case. This is particularly true in cases involving serious personal injury where medical liens may be very large.
The term assault is used with relation to any number of different crimes and civil offenses, often incorrectly. So, what is assault, actually? And what are the different types of assault?
A fan who got hit in the eye by a hot dog thrown by the Kansas City Royals mascot in 2009 could get another chance to convince a jury that the Royals owe him for his injuries. The case went before the Missouri Supreme Court on September 11.
After decades of live fire exercises on the island of Vieques in Puerto Rico, the US government ceased to fire on the island in 2003. Nevertheless, the legacy of those training exercises linger on, and now a group of residents have filed a lawsuit against the US government claiming human rights violations.
California has moved one step closer to making its controversial workers’ compensation bill a reality. Earlier this month, the California Senate voted to pass the bill, which restricts most professional athletes playing for out-of-state teams from filing workers’ compensation claims in California. The bill is now awaiting the signature of Gov. Jerry Brown.
We all know that texting while driving is incredibly dangerous. In fact, according to Public Health Law Research (PHLR), up to 28% of traffic collision risk is caused by cell phone-related distracted driving. Texting while driving is not only against the law, but it can also result in civil tort liability for any auto accidents caused by distracted driving.
Johnson & Johnson, well known pharmaceutical company, announced a recall for its anti-psychotic drug, Risperdal Consta. The recall was due to concerns that the drug may not be sterile. The Risperdal recall is just the latest of dozens of recalls by Johnson & Johnson in recent years, costing the Brunswick, N.J.-based company hundreds of millions of dollars, and damaging its reputation in the medical community and among patients.