Personal Injury Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.
If you, or someone you know, have/has suffered an injury during medical treatment, you or they may have a claim for medical malpractice. Illinois malpractice law dictates a number of requirements for bringing these types of claims as a lawsuit, including how much time an injured patient has to file that lawsuit.
Illinois workers' compensation laws allow employees who are injured in the course of their work on a job to seek payment from their employer's workers' compensation insurance carrier for their injuries. If you believe you have a workers' compensation claim, you should try to gain a basic understanding of laws dealing with workers' compensation in Illinois.
Often, when involved in an accident or after sustaining an injury, one can suffer more than just physical pain. Many individuals will also suffer emotional harm from the experience. Under Illinois law, it is possible to obtain money damages as compensation for emotional harm (also called emotional distress). This money is paid by the person or company who caused the injury or, in most cases, by that person’s or company's insurance provider.
Car accident victims may suffer terribly in the aftermath of the wreck. They may be forced to cover the costs of significant property damage, emergency medical treatment, doctor’s bills, and even long-term rehabilitation
Many people are simply not aware of the dangers that defective swimming pool, wading pool, spa and hot tub drains have until it is too late, especially when children are involved
Accidents involving large commercial trucks may occur for a wide variety of reasons, with numerous potentially responsible parties. According to the Federal Motor carrier Safety Administration (FMCSA), drivers are ten times more likely to cause commercial truck accidents than other factors, such as improper cargo loading, vehicle malfunction, or inadequate truck maintenance.
The Georgia Department of Public Health (DPH) and federal regulations enacted by the U.S. Consumer Products Safety Commission (CPSC) have established safety requirements to help prevent drowning and swimming pool accidents.
Car safety features like airbags and seatbelts marked significant advancements in safety. Now, new safety features are making our vehicles even safer. More advanced features do not just protect occupants from injuries in an accident, but work proactively to minimize the risk of an accident.
Traumatic brain injury (TBI) is one of the more severe injuries resulting from pedestrian accidents in Dallas every year. While short-term consequences like headaches, disorientation and memory problems may reduce in severity and intensity over a period of time, some victims may suffer long-term or permanent consequences including impaired cognitive abilities, motor dysfunction and psychological distress.
The goal of any personal injury lawsuit is to prove negligence. Once this has been achieved, then there is a need to show causation. This is where the plaintiff needs to show that the negligence of the party is what led to any injuries. If an injured party can prove both negligence and causation, then there will be a determination needed for damages.
Individuals and families purchase life insurance policies for one reason: peace of mind. The purpose of life insurance is to provide protection in the rare but devastating event of the death of a loved one.
The U.S. Coast Guard recently released statistics regarding recreational boating fatalities. The good news is that fatalities are down nearly fourteen percent in 2013 from the year before. This decrease reflects a concerted effort to encourage boating safety.
The U.S. Consumer Product Safety Commission (CPSC) has announced a recall of three models of the Nap Nanny ® infant recliner chair/bed made by Baby Matters, LLC of Berwyn, Pennsylvania. The Nap Nanny is a portable infant recliner designed for sleeping, resting, and playing. It includes a shaped foam based fitted with a fabric cover and three-point harness.
Workplace forklift accidents are one of the most common types of work accidents in the U.S. Injured workers often want to know how medical bills are paid. This article discusses how medical bills are paid after a workplace forklift accident with a focus on PA and NJ law.
No matter how careful while driving, there is always the possibility of becoming involved in a car accident. For most first-timers, an accident can be cause for fright and panic. Initially, drivers involved in accidents suffer shock as a result of the impact and then are forced to deal with physical injuries, property damage, and possible medical bills. The hassle of dealing with insurance companies and the other negligent driver can be confusing and time consuming.
Traumatic brain injury occurs when a sudden trauma results in brain damage. Unlike brain-related problems dating all the way back to birth, traumatic brain injury is a form of acquired brain injury.
Those operating golf carts in Florida should understand that the Florida legislature intends to protect persons and property from the all-too-common accidents associated with golf carts and other motorists and pedestrians.
The moments following an accident or other injury are confusing and overwhelming. You may not know what to do or where to turn if you or a loved one has been injured due to someone's negligence or wrongdoing.
Accidents rarely come with any forewarning, leaving most victims unprepared and unsure of how to proceed. When you or someone you know is injured, you will have a lot of uncertainty and need to make a lot of decisions very quickly. You should always seek immediate medical attention for any injuries and also seek the assistance of qualified, experienced legal representation. But, how do you know who the best attorney is for your case?
When the intentional or negligent actions of another lead to death, certain family members of the deceased may be entitled to recover damages in a wrongful death lawsuit.
Personal injury attorneys typically handle swimming pool injury or drowning cases. However, drowning claims and swimming pool negligence claims have many unique issues that the typical injury lawyer may not have the requisite experience or expertise.
Every parent hopes their newborn child will enter this world happy and healthy. In most cases, this is exactly what occurs. In some rare instances, however, newborn children may suffer from a birth injury. Following are ten of the most common birth injuries experienced by newborns in Georgia.
One can only bring a lawsuit for negligence if they can establish all four of the required elements. If any one of the elements is missing, then there is no negligence from a legal standpoint, and a lawsuit cannot be sustained. Of course, there are often defenses and other technicalities involved with proving such a case, so it is always best to contact a qualified, licensed attorney to help answer your questions and guide you through the process of analyzing your claim or defense to negligence.
Every year, car accidents lead to a substantial number of serious kidney injuries. Motor vehicle safety devices such as seat belts and airbags have saved countless lives and prevented injuries for many individuals involved in car accidents. Seat belts are designed to prevent chest and other internal injuries by dispersing the force of a collision across two of the body's sturdiest areas: the upper chest and the pelvis.
Confusion often surrounds the question of whether or not a car in a funeral procession can run a red light. Additionally, the probability of a serious car accident occurring involving personal injury increases if you have a long line of cars running through a red light during heavy traffic such as in New York City.
Slip and falls are one of the leading causes of accidental injuries in the United States. In fact, these unfortunate instances account for nearly 9 million emergency room visits annually. While young and old people get involved in such mishaps, the elderly are considered high risk with one-third of those who are age 65 or older suffering falls every year.
Just last month, the issue of drowsy driving was brought to the attention of the nation when a sleepy truck driver plowed into famous comedian Tracy Morgan, killing his passenger - fellow comedian James McNair - and critically injuring Morgan and his other passengers.
No matter a driver's reasons for leaving the scene of an accident, you, the victim, are still left high and dry without compensation to help you pay for your injuries or to fix the vehicle's damage. On the other hand, there still are many options for legal recourse and compensation.
While dog bites are fairly common, unprovoked dog attacks are not. However, as we recently saw in the viral video of a cat saving a human child from an attacking dog, they do occur. Therefore, it is important that you know what to do in case of a dog attack. These tips can help you rectify a situation with a potentially dangerous animal.
Arizona has more lakes and rivers than many people assume. However, the state also has the fifth highest boating accident rate in the country. Why is that?
The impact of a car accident may pose serious harm to the driver as well as the passengers, and leave them with long-lasting side-effects to contend with in the future. Here are some examples of the most common injuries sustained in an accident:
Drowsy driving is one of the most common driving hazards, but new data highlights the dangers associated with drowsy driving. In fact, research shows that drowsy driving is as dangerous as driving while drunk.
UBER has insurance above and beyond minimum state insurance requirements that are carried by regular taxi drivers.
If you are unfortunate enough to suffer injuries and property damage as a result of somebody else’s negligence, the only thing the civil justice system permits by way of recovery is monetary compensation. Similar cases can have different results and, as such, it is important to do everything you can to obtain full value for your damages.
While most of us worry about swimming too far off the coast during a summer vacation, we don't realize that we're more at risk on a roller coaster than a shark when venturing outdoors this season.
It seems that we're hearing more and more about children being left in cars on a hot summer day as the parent goes shopping or to a hair salon, but is their a legitimate surge in these cases or is the media covering them more often?
The dangers of texting and driving are well-known and undisputed. But did you know that texting while walking also presents a number of injury risks?
If you presumed that only the elderly are prone to slip and fall incidents, think again. Many people just older than 24 are affected by slip and falls every day, with numbers going into the millions annually.
A discussion of whether a college can be held liable when a student is assaulted. A recent Pennsylvania Superior Court decision found in favor of a student, against the college, in a physical assault case.
By Warnken, LLC
What do you need to know in order to get the most out of your consultation with a car accident lawyer. Being prepared for your meeting will go a long way to getting the most from your lawyer. Here are ten questions you should be prepared to answer for your attorney.
Teenagers today in the United States are driving much less than their predecessors from three to four decades ago. However, there continues to be a disproportionately high risk of death and serious injury in accidents among teen drivers.
Injured victims of crime can use civil lawsuits to seek justice, hold responsible parties accountable, prevent future crimes, and obtain the financial resources victims need to rebuild their lives.
Many fatal truck crashes in Dallas are the result of a rollover. Other vehicles involved in truck rollover accidents are just no match for the sheer size and weight of a semi that’s rolled over and may swing across the roadway. Many truck rollovers are actually preventable. Read on for an overview of possible causes of rollovers.
Zoloft antidepressant drug should be carefully considered by pregnant woman, because of increased risks of birth defects.
Small Claims Court may be your only option when trying to recover damages from a motorcycle accident.
The da Vinci surgical robot has been marketed as a breakthrough in making surgery more efficient and less invasive. The da Vinci robot has a sophisticated 3D view camera and four remote control arms, enabling surgeons to perform operations such as hysterectomies and prostatectomies through smaller incisions but with better visibility and precision. The da Vinci robot is currently used in about 1,000 hospitals and hundreds of medical offices across the United States.
The recent U.S. District Court (Western District of Washington) case of Michael Mechling, et al. v. Holland America Line, Inc., highlights two key factors in determining legal remedies for survivors of nonseafaring individuals who suffer fatal injuries at sea.
Texting people is extremely common. Now, one might just be liable, if you do so to someone who is driving, and causes an accident. An Appellate Court decision which has thrown principles in disarray.
Respondeat superior is a legal term that describes the responsibility of an employer for the actions of his/her employees. It's important to understand how this may affect a personal injury claim.
Injuries that occur as a result of someone else's careless or reckless actions may lead to a personal injury claim. It's important to understand the elements that apply to this type of case: duty of care; failure to exercise reasonable care (negligence); causation; and the presence of damages.
Pennsylvania has been rated satisfactory in nursing home care grades. If your loved one was abused or neglected in a nursing home, contact an attorney.
Tracy Morgan's Injury After Being Hit by a Semi, Brings Trucking Regulations Back into the National Spotlight
NTSB statistics show more than 104,000 injuries and nearly 4000 deaths in 2012 from accidents involving large commercial trucks, but it takes the severe injury of a well known comedian to get the subject of commercial trucking safety back in lawmaker discussions.
Drowsing driving can be as dangerous as drunk driving. Operating a vehicle while fatigued causes countless accidents each year - and you could obtain compensation if you were injured by a drowsy driver.
Each year millions of workers are injured in on-the-job accidents. While many of those injured workers will be able to return to their existing job after a period of recovery, some injured workers are injured to an extent that they are unable to return to their pre-injury job. In these situations, the injured worker may be able to receive vocational rehabilitation benefits under the applicable state workers’ compensation program in order to help him or her obtain a new job.
Healthcare is the fastest-growing sector of the U.S. economy, according to the U.S. Centers for Disease Control and Prevention (CDC), employing over 18 million workers – the majority of which (80%) are women. Healthcare workers – including doctors, nurses, lab technicians, pharmacists, and a number of other professionals – are exposed to a wide range of occupational hazards.
Drivers encounter many distractions behind the wheel. This may include using a cell phone, daydreaming and eating. But passengers can sometimes be the most distracting. Consider the following ways to make riding with a passenger safer.
My Rhode Island personal injury law firm recently looked into a case in which the Bridgeport, Connecticut Police Department settled a lawsuit alleging severe brutality during arrest.
Social Security disability benefits can be paid to people who have recently worked and paid Social Security taxes and are unable to work because of a serious medical condition that is expected to last at least a year or result in death. The fact that a person is a recent parolee or is unemployed does not qualify as a disability.
A driver was seriously injured in a Riverside County car accident, which officials say, involved a suspected drunk driver. According to a news report in The Press-Enterprise, the major injury collision occurred on the Highway 74 at Trellis Lane.
After an accident, many people assume that the insurance policy that covers the at-fault driver will be responsible for covering medical expenses. However, this is not always the case, especially when the state uses a no-fault system. New Jersey is one such state that uses this system.
Construction workers are especially vulnerable to work-related injuries. According to OSHA, nearly 6.5 million people work at approximately 252,000 construction sites across the nation on any given day, and the fatal injury rate for the construction industry is higher than the national average for all industries.
Although Texas does not have any state-wide texting and driving laws banning the practice, the Federal Motor Carrier Safety Administration (FMCSA) has a federal ban on this dangerous act for truck drivers. Drivers who take their eyes off the road greatly increase risk of an accident. Knowing this, the FMCSA published new rules in October 2010 banning all truck drivers from texting while driving their commercial motor vehicles, regardless of the state within which they are traveling.
Motorcycle accidents are obviously one of the most dangerous types of traffic accidents because of the precarious position of the rider, who lacks the protective cage of a vehicle. Riders might suffer long-lasting injuries as a result of a crash, such as paralysis.
Here in Rhode Island and Southern Massachusetts, it is motorcycle season and this causes a spike in bike accidents resulting in personal injuries. Here, we review D’Antuono v. Clarendon Nat’l Ins. Co., 620 A.2d 96 (R.I. 1993), a Rhode Island Supreme Court law decision involving a motorcycle accident with personal injuries.
We discuss the possibilities and ramifications of a child bringing up a parent's wrongful death suit. One of the main questions posed is the possibility that adult children can win in wrongful death lawsuits? They are harder but they are possible. There are different options and different routes to take when considering a parent's wrongful death suit.
If you were injured in a personal injury accident, you are probably swimming in a sea of questions. What do I do next? Should I file a legal claim? Can I recover compensation? The first step in getting those questions answered – and possibly recovering money damages – is to meet with a personal injury lawyer.
A variety of factors contribute to truck accidents. Some stem from negligence of a driver (the trucker or another driver), such as speeding or fatigue. Others are the result of faulty or defective equipment, such as tires or brakes. Improper loading is another cause; for instance, cargo that’s unbalanced or not secured.
Be absolutely free from the driving rules - is the most popular "law" in the Egypt for car holders. There are probably only women drive carefully but that fact doesn't decrease the count of accidents with people on the streets. Car accident may happen with anyone in any country. Here an a real example of financial fraud according to the car troubles.
Injured employees, including those with hearing loss, are entitled to benefits under workers' compensation.
Medical malpractice and personal injury attorneys practicing in Rhode Island should be aware of a recent state Supreme Court decision that is helpful for our state’s consumers.
According to a new study, the five leading causes of death in the United States are heart disease, cancer, chronic lower respiratory diseases, stroke, and unintentional injuries. On each of those causes of death, the study found that 20 percent to 40 percent could have been prevented.
Testosterone lawsuits continue to mount against the makers of various testosterone supplements, but one testosterone manufacturer is asking to be excluded from the fray.
According to a new report from the Consumer Product Safety Commission, in 2011, 74,100 children younger than 5 suffered from a baby product injury that required a trip to the emergency department.
Each year, more than 4,000 workers die from workplace accidents, and an additional 50,000 die from occupational diseases, which averages to 150 worker deaths every day in this country, according to Jessica Martinez, deputy director of NCOSH.
Construction workers are particularly susceptible to ladder injuries, making up an estimated 81% of fall injuries treated in emergency departments throughout the country.
The New York State Workers' Compensation Law is designed to protect injured workers. Employers are required to have insurance coverage or risk significant and severe penalties. In addition, one could argue that the law provides an equal benefit to employers by preventing a direct lawsuit by employees. In spite of this, a general perception persists among some injured workers that claims should be avoided for fear of retaliation.
The tragic, choking death of a child has brought to light questions of product safety for window blind manufacturers.
If you live or work in West Texas, be extra cautious while using the roads. Traffic fatalities continue to be a problem in the oil-rich Permian Basin, according to recent reports.
Recent studies reveal that a logger is the most dangerous job in America as it has the highest fatality rate. However, it has been my experience as a New York State workers' compensation practitioner that the highest injury rates can be found in the medical profession, a contention which now seems supported by a recent study.
Like many other states, Texas has a Good Samaritan Law that protects citizens in the event that they provide emergency medical assistance. This law is meant to shield people acting in good faith and in their best efforts from civil liability and to protect the public by creating an incentive for others to help in a time of emergency.
Deadly FedEx Truck Crash Shows Need For A Strong Civil Justice System Despite Lobbyists Push For Tort Reform
As families of those killed in the crash between a bus and a FedEx truck on April 10th begin to look for justice in this terrible crash, lawyers from all stakeholders take note of the NTSB report.
Words like negligence, torts, and personal injury are often tossed around after an accident or injury, but many people are confused about what these words actually mean and, more importantly, how these words impact liability or the ability to collect money damages.
Most workplace deaths in this country may be preventable, according to a new report from the National Council for Occupational Safety and Health (NCOSH). More than 4,000 workers die every year from workplace accidents, and an additional 50,000 die annually from occupational diseases, which averages to 150 worker deaths every day in this country, according to Jessica Martinez, deputy director of NCOSH.
There is never a shortage of issues to discuss in the world of personal injury, and April 2014 has been no exception. Current topics include mammography and its coverage by the media, dysfunction in healthcare, schools near dangerous chemical facilities, and a potentially record-breaking rate of car recalls this year.
Millions of people are injured or killed in personal injury accidents every year. When an injury or death is caused by negligence, the victim (or the victim’s family) may be able to recover compensation from the negligent party. But in order to obtain financial recovery, the plaintiff must prove two things in a personal injury lawsuit: (1) liability and (2) damages.
Consumers should be aware of the rising popularity of ride sharing companies and their potential effect on insurance coverage after a car accident.
Has the medication which is designed to help bone growth been linked to bone disease?
Some used to call aging a normal process. Today's marketing gurus seem to call it a disease... for which they, fortunately, have a cure... or do they?
At least the commonly used anticoagulant, Warfarin, could be reversed when needed, can the same be said of the new generation of anticoagulants?
An insight for the unfortunate whose relatives were traveling on MH370.
Testosterone lawsuits continue to rise, with new lawsuits filed against the manufacturers of Testim and AndroGel earlier this month. Just a few years ago testosterone was hyped as some kind of miracle drug for men, but new evidence has come to light indicating at testosterone is linked to increased stroke and heart attack risk and a number of other serious side effects.
Millions of people are injured or killed in personal injury accidents every year. Personal injury claims fall under the umbrella legal discipline of tort law, which establishes liability for negligent or intentional misconduct that result in injuries, deaths, or damages.
The dangers of e-cigarettes exposed by a new study showing e-cigarettes can cause cancer and the realization that many of the “safe” flavorings added can be toxic or have not been tested as an inhalant add up to one conclusion – they are simply not safe.
Large, citywide festivals can bring communities together, boost the economy by attracting tourists, and help define the character of the region. However, there’s also a dark side to these large-scale events: more people are drinking and deciding to drive once they leave the celebration. Drunk driving is wrong under any circumstances, but it’s especially dangerous when the intoxicated driver may not be familiar with the city and is driving through an area with crowds of cyclists and pedestrians.
It may be tempting to tell everyone about the tragedy of your injuries on your Facebook account, but discussion of your car accident claim on social media could ruin your settlement. Before you tweet about your recovery progress or the severity of your injuries, take time to think about what the insurance company might think if an adjuster reads your social media posts.
Standards of care or standards of practice in nursing are general guidelines that provide a foundation as to how a nurse should act and what he or she should and should not do in his or her professional capacity. Deviating from this standard can result in certain legal implications.
Truck underride accidents, those accidents that happen when a vehicle collides with a truck and slides underneath it, kill hundreds of people each year. While there are certain safety mechanisms in place to prevent underride accidents, data shows that they are often ineffective.
Testosterone has been linked to a number of serious side effects, including stroke and heart attack, and now a new study has found that the use of testosterone in certain men may have a negative impact on the brain.
Unfortunately, some industries do not necessarily have accurate reporting mechanisms on work-related injuries and illness, which make it more difficult for regulators and lawmakers to identify and address occupational health problems.
Workers who are exposed to high levels of noise while on the job may be at risk of developing hearing loss and other occupational hazard injuries. Not only are these workers at a higher risk of hearing loss injuries, but a new Canadian study from the Institut National de Santé Publique shows that workers with noise-induced hearing loss may also be at a higher risk of other injuries in the workplace.