Personal Injury Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.
In 2012 alone, there were over twenty thousand accident victims killed or injured in Orange County. While freeways seem as if they’d be the most dangerous, only about a third of the fatalities and serious injuries occur on the interstates. The majority of victims killed in Orange County accidents lose their lives on surface streets. We list the most dangerous intersections and highways in Orange County where you’re most likely to have your first, next or last and final accident.
A product may be defective due to errors in design and production or due to the manufacturer’s failure to provide adequate instructions and warnings.
When you lose a loved one due to the negligence or fault of someone else, a wrongful death lawyer can help you claim compensation.
Among the more daunting tasks you may face as a plaintiff, or victim pursuing a personal injury claim, is an event called a deposition. A deposition is an event in which a defense attorney will ask you to orally answer questions related to your accident and injuries, and your attorney will ask questions of the defendant, or the person at fault for the accident.
No one sets sail on a vacation cruise expecting to sustain a serious injury or illness. But passengers who do require medical treatment expect that the care they receive will be delivered according to the recognized standard of care. When they are harmed by medical negligence, they may have available the legal right to hold those responsible accountable.
Accidents happen. Whether it is a slip and fall, a car crash, or a sports injury, accidents can happen many ways and in any variety of different places. Typically, after an accident, the first call is for emergency medical attention. That help is usually delivered by an emergency medical technician. But, what happens when these people make mistakes?
A cruise vacation is supposed to be a relaxing, enjoyable experience. But, they do not always end that way. An increasing number of passengers in recent years have experienced illness or injuries while on their vacation. Often, this has been the fault of the cruise line, itself. If this happens, what can you do?
Exposure to asbestos can have a profound impact on human health. Even low level asbestos exposure can cause serious diseases over time.
Malignant pleural mesothelioma is a rapidly spreading and aggressive cancer caused by exposure to asbestos.
Many Philadelphia residents are unaware of the local city rules regarding snow removal on their property.
Mark Rosekind has been appointed the new head of the National Highway Traffic Safety Administration (NHTSA).
The Department of Public Health and Clinical Medicine at Umea University in Sweden conducted a research study focused on male Swedish construction workers who participated in health examinations between 1971 and 1993.
An emergency asbestos clean-up has been ordered at Paulsboro High School in Gloucester County, New Jersey.
Many types of accidents can cause injury. If an injury is sustained in an accident that resulted from someone else’s negligence, the victim may be entitled to collect compensation for his or her injuries from a liable party.
In many car accident cases, a central question is who is ultimately liable for the accident. Even if a person is at fault, his or her level of liability may be reduced or eliminated based on the laws of his or her state.
By Planet Depos
Taking depositions in Germany can be easy with the proper planning and scheduling.
It can be intimidating to drive right next to a big-rig or an 18-wheeler. They are huge, weigh about 80,000 pounds and have this scary tendency to drift in and out of your lane. But, sharing the roadway with these large trucks does not have to be daunting and a nightmare. There are steps you can take to stay safe around big rigs and make sharing the road with commercial truck drivers a lot loss tense.
Beginning 1 Oct 2014, motorists were no longer required to display registration (‘rego’) stickers on their vehicles. This change was made by the government to align Queensland with the rest of the nation. The purpose was to save taxpayers up to $3.5 million a year in postage/printing costs.
According to the 2013 Census for Fatal Occupational Injuries preliminary report, a total of 4,405 fatal work injuries were reported in 2013. In addition to the number of worker fatalities, millions of employees suffer workplace injuries every year.
According to new national data acquired by The Globe and Mail show, asbestos exposure was the single most cause of workplace deaths in Canada last year topping other chemical exposures, fire fatalities and deaths caused by highway accidents. The data stated that in 1996 there were nearly 5, 000 death claims approved due to asbestos exposure.
The Veteran Traumatic Brain Injury Care Act, intended to improve the efficiency and quality of treatment for veterans suffering from traumatic brain injury (TBI), was approved by both the Senate and the House of Representatives in early December.
According to the Bureau of Labor Statistics (BLS), the construction industry is considered one of the most dangerous jobs in America.
A recent investigation into the quality of supplements sold at four popular retailers has revealed some troubling news. Herbal supplements sold under store brand names may not be what they claim to be, and may contain hidden ingredients that could be harmful.
While the winter of 2014 will be remembered for its significant snowfall, the winter of 2015 looks like it will be remembered as an icy one.
Traumatic brain injuries (TBI) are a major cause of death and disability, particularly in children and young adults.
Jaundice is a very common condition in newborn babies. More than 50% of babies develop the condition, which causes a yellow discoloration of the skin and eyes. Jaundice is usually not considered a serious illness, and is often resolved with minimal to no treatment. In some cases, however, ongoing or severe jaundice that is not properly treated can result in devastating and lifelong complications.
New Jersey’s winter weather often involves thawing and freezing cycles which lead to dangerous icy surfaces.
Not knowing how to report a defective product stops a lot of people from taking action. However, the Consumer Product Safety Commission makes it as easy as possible for those reporting defective products. Learn how to alert the CPSC about a product that injured you and in turn, let other consumers know of dangerous products.
The effects of a brain injury can be far more devastating in a child than in an adult patient. This is because a child's brain is still developing until age 25. An injury sustained by a still-developing brain can stall or even completely stunt the brain's growth.
There are numerous ways in which a product may be considered defective. Once an item enters the stream of commerce and injures someone, the victim may be able to pursue a products liability claim against the party found to be responsible.
Even though you do not have a legal education, a pro se plaintiff or defendant is still expected to comply with the same rules of evidence as seasoned lawyers. In federal cases, the federal rules of evidence must be followed. In state cases, state and local court rules must be followed to ensure that the judge receives relevant and reliable information.
When a Clarksburg, West Virginia company provides its grounds for hunting purposes, it may face exposure to liability in case of any injuries or accidents that occur on its premises. The extent of such liability may differ depending on the relationship between the company and the hunter.
Sometimes, injuries in an accident can leave a person mentally and physically incapacitated and unable to take any legal action on his or her own. In such cases, authorized family members may file a personal injury claim on behalf of the person.
In order for a plaintiff to prevail with a lawsuit, there must be an existing framework for recovery. Simply put, individuals generally do not have a cognizable cause of action based on someone simply being rude to them. However, state statutes and case law determine whether there is a recognized cause of action. The following causes of action may be available to a person who has been slighted, depending on the state law that has jurisdiction over the case.
Confidentiality clauses in lawsuit settlement agreements have become more common over the years, but secrecy in settlements can be harmful for injured plaintiffs and for the public.
While it may defy common sense, a trespasser who is injured on a property owner’s land may be able to successfully sue a property owner. Fortunately for homeowners, this is not always the case. Additionally, several nuances can tilt a case one way or the other.
The time after a car accident can be frightening and confusing. What will happen to your car? Will your insurance pay, and if they do will your rates go up? Will anybody face criminal charges? Could you be sued? These and many more questions are likely racing around the minds of most people after an accident.
The First Amendment to the United States Constitution grants individuals the freedoms of speech, the free exercise of religion, the press and the right to peacefully assemble. While many individuals may construe their freedom of speech rights broadly, not all forms of speech are protected. Satire is generally a protected form of speech, but there are certain exceptions.
When individuals feel that their reputation is damaged because of a reckless comment made on Facebook, Twitter or other social media channels, they may consider pursuing a defamation lawsuit against the insulting party. Through a libel lawsuit, they may be able to recover compensation for the damages that they have sustained.
One of the most disturbing crimes against humanity is the abuse and neglect of the elderly. The mistreatment of this highly vulnerable group of people is incomprehensible on many levels. The recent case of a 99 year old man from New York was especially troubling. His children viewed surveillance films that showed hired caretakers tying him to his bed, throwing him on his bed, and watching him fall from a wheelchair without helping him.
In states with no-fault accident laws, like New Jersey and Pennsylvania, a portion of your automobile insurance coverage known as Personal Injury Protection (PIP) provides coverage for accident-related medical expenses, regardless of fault. However, if you suffered an accident while driving someone else’s vehicle, you may wonder which policy covers you. Yours? The vehicle owner’s? Neither?
Without having professional experience in the legal system, personal injury law can be complicated, even intimidating. You know you weren’t at fault for the accident that caused your injuries, but how can you prove it?
Mesothelioma patients experience the breakdown of the protective lining that covers many of the internal organs in their bodies, which in most cases specifically affects the lungs. This rare form of cancer usually attacks people who have been exposed to asbestos. A recent study has shown that mesothelioma has also been linked to taconite mining.
Johnson & Johnson, the world’s largest maker of health-care products, claims women are being solicited to make fraudulent lawsuits against the company, which has already paid out millions in settlements to women injured by their defective trans-vaginal pelvic mesh.
The American Academy of Neurology is recommending that doctors discontinue prescribing anti-seizure medications containing valproic acid to pregnant women.
From candles to cooking to electrical wiring to home appliances, there are potential fire hazards at every turn within our homes. In recent years, unintentional fires have killed an average of 2,500 people, injured more than 13,000, and caused $5 billion in property damage. Learn how to protect your family and home from fire hazards.
The winter months are here, and that means there’s going to be ice and snow all around you.
A recent study found that individuals who suffer from insomnia are more likely to die from injuries sustained in car accidents and other unintentional injuries than non-insomnia sufferers.
Dogs play many roles in our society. They sniff out drugs and bombs, guide the blind, and protect our properties. Most dogs, though, have only one job: to be a loyal, loving companion. It can be easy to forget that dogs still share many physical characteristics with wolves, the apex predators from which they have descended, and have the capacity to seriously injure or even kill a human being.
In most situations, a person who is injured by another person’s negligence can sue the party that caused his or her harm. This holds true in cases of food poisoning. However, there are certain factors regarding food poisoning lawsuits that victims should be aware of before deciding to pursue this route.
Due to a number of legal theories, employers may be found liable for their employees’ actions that resulted in harm to coworkers, customers or other individuals. There may be variations or prohibitions against certain causes of action based on state law.
California legislators plan to introduce a bill to eliminate the personal belief exemption which allows California parents to refuse to vaccinate their children. Two U.S. senators also want to eliminate the religious exemption. Whether either change is enacted, daycare facilities who fail to protect others from unvaccinated children and parents who fail to vaccinate their children risk liability for any injuries or deaths caused by their child’s spread of the highly contagious measles virus.
Work. Home. School. Daycare. Supermarket. We rely on our vehicles to get us from point A to point B quickly, cost effectively and safely. We trust that our cars have been manufactured properly, have been designed effectively, and will not falter in the event of an emergency.
Texting and driving is a serious problem on our roadways – no matter who is doing it. In the five seconds it takes to send a brief text message, you typically travel the length of an entire football field without looking at the road. It's like driving blindfolded.
Getting into an auto accident is something you may experience at some point in your life. Here are some myths debunked that can help you be better prepared.
Along with building snowmen, dodging snowballs and relaxing with a warm mug of cocoa by the fire, sledding is a fond childhood memory for millions of Illinois residents. But in recent years, safety and liability concerns over the beloved winter pastime have prompted cities across the country to close hills to sledders.
Receiving a cancer diagnosis is frightening and overwhelming, especially when one is diagnosed with an aggressive and serious type of cancer such as mesothelioma. It is vital to get the right kind of treatment and care while fighting this disease in order to have the best outcome possible.
The Pennsylvania Supreme Court recently decided that a product defect can be established through several different methods.
Progesterone is known to protect neurons from injury and degeneration. A recent study to determine if administering progesterone to patients suffering from traumatic brain injury (TBI) can prevent brain injury progression found that the risks associated with administering this hormone outweigh the benefits.
New Jersey commercial truck accidents sometimes occur because a truck’s cargo shifts or falls during transit. Strict mandatory guidelines exist to ensure that commercial trucks are loaded safely.
Under New Jersey’s social host liability laws, people who serve alcohol to guests in their homes are liable for any injuries that a guest may cause if they become intoxicated.
A new study has come out of Sweden’s Department of Public Health and Clinical Medicine at Umea University concerning the risk of asbestos exposure to construction workers.
Every winter, Wisconsin is blanketed with acres upon acres of soft, fresh snow. This snow cover is ideal for snowmobile enthusiasts who carve out riding trails and enjoy the frozen scenery of winter. Like other recreational vehicles, such as ATVs and jet skis, snowmobiles can be dangerous. In 2014, a total of 181 snowmobile accident reports were filed in Wisconsin. Of these, 23 were fatal.
Have you or a loved one suffered a fall and consequent injury? Is the insurance company denying your claim? A slip and fall attorney can help.
Being involved in a trucking accident can be traumatic, not to mention devastating. Whether you are the one driving the truck or a passerby or even an innocent bystander, the risk of traumatic injury is significant. If you get into a truck accident, it is imperative that you know whether you are eligible to file a truck accident claim against the responsible parties. There are thousands of people who die in trucking accidents each year in the US.
Mesothelioma cancer develop in your body and may not show up for years after. There's no way to prepare for the cost so once you're diagnosed, start asking questions right away.
Distracted driving is a serious problem nationwide. What is distracted driving? Typically, any action that involves taking your hands off the wheel, eyes off the road or attention away from driving is a distraction. Distracted driving endangers not just the driver and his or her passengers, but also pedestrians, bystanders and others on the roadway.
Individuals who are involved in an automotive accident may react negatively due to fear, confusion or guilt. This is especially true if the person is driving without a valid license, was drinking and driving or otherwise feels culpable for the accident. However, leaving the scene of an accident can have several negative consequences.
When a person is injured because of another person’s negligence, he or she may look to each individual who bore some responsibility for the accident. Negligent entrustment provides for the recovery of damages when a person puts a dangerous device in the hands of a person who is not equipped to handle it properly. Through this tort claim, a person may be able to recover damages from the owner of the device.
Motorcycle accidents are caused not just by motorist negligence, but also by malfunctioning or defective vehicle components or parts. Motorcyclists are already at a higher risk of injuries compared to occupants of a passenger vehicle, and when a person is riding a defective motorcycle, those accident and injury risks are amplified.
Firefighters put their lives on the line every day to help keep communities safe. There is no question that the job requires one to be dedicated, focused, and brave. Firefighters are at high risk for getting injured on the job and the length of time to recover from such injuries varies from incident to incident.
Winter weather is expected to impact the Philadelphia area this week. Snow, sleet, and ice may make it difficult and dangerous to get around. Philadelphia winter storms are often followed by a brief thawing and then refreezing which creates icy roads, sidewalks, and parking lots if they are not properly treated.
The Food and Drug Administration (FDA) recently issued a warning that power morcellators used in laparoscopic hysterectomies and surgeries to remove uterine fibroids can increase a woman’s risk of developing uterine cancer.
MorningStar Farms has issued a recall of Spicy Black Bean Burgers and Chipotle Black Bean Burgers due to an undeclared peanut allergen that may be present in the products.
Researchers at NYU Langone Medical Center have developed a new technology for detecting and assessing brain injuries. The new technology detects the eye movements of patients while they watch music videos for less than four minutes. While viewing the video, a patient’s ratio of horizontal to vertical eye movements is measured.
In a recent study published in Clinical Cancer Research, a group of researchers from Ohio’s Case Western Reserve University and the German Georg Spayer Haus found that Curcumin, a commonly used spice in Asia, helps to slow down the progression of mesothelioma when combined with amino acids. The study brings new hope to patients fighting the battle against malignant mesothelioma.
Researchers from Mount Sinai Health System and the Department of Population Health at North Shore Long Island Jewish Hospital recently reported some interesting findings on gender and mesothelioma in the Annals of Thoracic Surgery. The study examined records of 14,200 mesothelioma patients who were diagnosed with mesothelioma from 1973 to 2009. Of these cases, 22% were women.
Scooters and riding toys are still big hits among children when it comes to gifts for birthdays and the holidays. However, new research is showing that these toys can be extremely dangerous as well. According to a study published last month in the journal Clinical Pediatrics, ride-on toys such as scooters, wagons, tricycles and motor-powered vehicles such as Barbie Jeeps, are responsible for a growing number of children's injuries and emergency room visits.
Our major Uber ride-sharing concern is the issue of liability insurance coverage, not only for the Uber passenger; but also for pedestrians and occupants of other vehicles which might be involved in a crash with a Uber car. Even if the Uber passenger doesn't care about insurance coverage for themselves, does the Uber customer want to be a good citizen? If so, and we sure do hope that being a good citizen is something to strive for, then we all need to seriously weigh the Uber pros and cons.
Drivers can reduce their risk of truck accidents by leaving extra space, avoiding blind spots, pulling over safely and using caution in intersections.
To hear some critics tell it, Illinois is overrun with too many lawsuits. Travis Akin, of the group Illinois Lawsuit Abuse Watch (I-LAW), claims that “jackpot justice” has turned the Illinois courts into a “judicial hellhole.”
Mesothelioma is a rare type of cancer that commonly develops in the lungs of those who are exposed to asbestos or asbestos fibers. The cancer usually affects the thin, protective membrane surrounding the lungs, heart or abdominal cavity. About 3,000 cases of mesothelioma are diagnosed each year in the United States and a majority of those cases are traced to job-related mesothelioma asbestos exposure.
Ask any personal injury lawyer and they will tell you the number one question asked of them is “Can I sue?” Coming in a close second is “Do I have a case?” Both questions miss the mark, however, as the real question that accident victims should be asking is “Do I have a case worth pursuing.”
When you are involved in a car accident there are a number of steps you should take to protect yourself.
In a major victory for injured municipal employees in Philadelphia, a Pennsylvania appellate court recently blocked the city’s attempt to obtain a portion of an injured worker’s personal injury lawsuit recovery. This decision allowed the injured worker, a Philadelphia police officer, to keep the full amount of the injury benefits he received under the Heart and Lung Act and the full recovery from his lawsuit award.
Hope may be on the horizon for patients diagnosed with malignant pleural mesothelioma. A new treatment that uses genetically modified cells is just one of several in the breakthrough field of immunotherapy. Scientists at Memorial Sloan Kettering Cancer Center have developed a method of genetically altering the DNA of a patient’s T cells and then reintroducing those cells into the body so they can fight the cancer.
In a new study conducted by the University of Minnesota, Taconite miners in the Iron Range area of Minnesota were found to be three times more likely to contract mesothelioma than those who did not work in the iron mining industry.
Patients who are harmed by negligent care provided by doctors, nurses, or other medical professionals may have grounds to file a medical malpractice lawsuit.
Traumatic brain injury associated with youth and high school sports is a significant risk for young athletes. The National Center for Catastrophic Sports Injury Research reports that 90% of deaths resulting from sports-related head injuries occur in athletes who are high school age or younger. Severe injuries can cause paralysis, permanent brain damage, or death.
Each year, more than four million babies are born in the United States. Fortunately, most of these babies are born healthy and without complications. But when problems arise in the delivery room that result in birth injuries, parents and families are left questioning what went wrong.
As a result of changes to sexual abuse laws in California and a more liberal statute of limitations, attorneys in California now have a greater chance to pursue perpetrators of sexual abuse and obtain justice for their victims. Thanks in part to greater public awareness of the problem, recent reports in the news, and more women willing to come forward after being abused, a greater number of abuse and molestation victims can at last obtain some measure of justice for the trauma they’ve endured.
Several parties in the chain of distribution of a product may be liable for damages in a product liability lawsuit. In some cases, retail liability may apply to a case. Even though a retailer did not manufacture or distribute the product, it can be liable for injuries or losses arising from a defective product.
While the classic rule was that spouses could not sue each other, the abolition of laws throughout much of the 20th century has all but eliminated this rule.
In a recent study published in Carcinogenesis, researchers have concluded that the BAP1 gene mutation found in patients with mesothelioma may prove to prolong the survival rates of those with the terminal illness. The study included the analysis of 37 years of data from over 10,000 mesothelioma patients in the US Surveillance, Epidemiology, and End Results program (SEER.)
According to a recent report in Health Day, approximately 7,000 people were sent to a U.S. emergency room each day in 2012 for injuries resulting from a car accident.
It’s hard to imagine life before cell phones especially the latest smart phones such as Apple’s iPhone and the variety of Android phones that are available on the market today. The iPhone that I have in my pocket has over 100 times as much memory in it as the computer I owned just 15 years ago.
The FDA has warned that fluoroquinolone antibiotics such as Levaquin and Cipro may cause a type of serious nerve damage to the arms or legs known as peripheral neuropathy. Patients who have been injured by these medications may be eligible to file a lawsuit.
The life in morden city is full of danger. Everyday people get hurt by car accident, third party's attack, even by animals like dogs. People should be aware a bit of what they can get for compensation, in case anybody fools you.
The Pennsylvania Workers’ Compensation Act provides for different standards and evidence required to prove psychological injuries, as compared to physical injuries. The most common type of work injury claim involves a physical to part of the body, caused by a physical event – such as by falling or lifting something.
In the aftermath of the horrific and deadly attack on the offices of Charlie Hebdo in Paris on January 7, 2015, we examine why parody and satire are cherished forms of free speech and how they are protected by U.S. and U.K. law. When an aggrieved target of satire or parody sues for defamation, or a copyright holder sues when their work is contained in a mashup, can parody, satire, or fair use be utilized as a defense by an attorney? In the U.K., it will help if the parody is funny.