Personal Injury Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.
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.
If you've shopped in one of many grocery stores and markets, you've likely seen the types of hazards that lead to serious injury trip-and-fall accidents. For example, employees stocking shelves may leave cereal boxes or other items on the floor. Some stores may have cracks on the floor or uneven floors or carpeting in areas that may pose a trip-and-fall hazard.
The right of publicity is the right of every human being to control the commercial use of his or her identity. When that right is infringed, the individual’s publicity rights have been violated. The right of privacy is the right not have your name or likeness appropriated by another without your permission, your privacy intruded, your private information to be made public, and to not be placed in a false light. In California, damages can be pursued by an attorney for these infringements.
Recently, an 82-year-old woman died in a hospital after developing severe dehydration, malnutrition, bruising, and cuts, all of which could have been avoided, had the staff been more attentive and better trained.
Two million and counting elders suffer from elder abuse every year in the United States. However, with elder abuse on the rise, and the fact that elder abuse are often not reported, the actual number can exceed 2 million.
Personal injury liability is well described under Tort Law Definition of Turkish Obligation Code. Under Turkish Law, there must be 4 conditions for tort liability (in other words, personal injury liability): Acts Against Law,Damage, Causal Relation, Negligence, and Act Against Law.
The claims of compensation because of a unlawful act cease after a certain period of time. Normally the term is 2 years running from the date on which the damaged person received knowledge of damage and of the person who had caused the damage. This may not be longer than ten years from the date when the act causing the damage occurred. (New Code of Obligation of Turkey entered into force in 2011, article 72).
Although federal courts and many state courts only require that a process server be 18 years of age or older and a non-party, most process servers are representatives of private service of process businesses or certain law enforcement officers. For federal cases, a marshal may be used. In state cases, a sheriff’s department officer may be used.
Pedestrian accidents, both with fatalities and injuries are on the rise in the Coachella Valley and officials are concerned. There has been a rash of hit and run accidents all over California this year and the Coachella Valley has not been immune. But it is the total number of pedestrian accidents, hit and run and otherwise that is causing city leaders to consider what can be done to prevent further death and injury to the desert’s residents.
On September 16, 2014, California’s new bike law went into effect requiring motorists to give bicyclists three feet of distance when passing a bike rider. Since the law passed, bicycle collisions continue to occur. Motorists are likely to be cited for breaking the three feet law only if a deputy witnesses the accident. With the initial publicity of the law fading, many drivers remain unaware of the law. And bicyclists will need to continue to look out for drivers coming too close.
Starting Jan. 1, Rhode Island judges and magistrates will have the authority to prohibit drivers convicted of operating a vehicle under the influence, or those who refused a chemical test, from driving a vehicle without an ignition interlock system. According to a news report in The Providence Journal, the new law requiring an ignition interlock device for those with prior DUIs goes into effect on New Year's Day.
A genetic mutation that increases the odds of developing mesothelioma has now been identified as the same mutation that leads to an increase in survival time.
When you are in a rental car accident, you may be just as eligible for compensation for your losses as if you were in an accident while driving your personal vehicle. You might be eligible for damages even if you did not purchase rental car insurance.
Despite safety technology that could prevent many of the most serious table saw injuries, the manufacturers of these tools have failed to equip them with their products. Table saw users who suffered amputations, lacerations, avulsions, or other injuries may be eligible to file a lawsuit against the table saw manufacturer and receive compensation.
Rhode Island has been awarded nearly $341,000 in federal funding for traffic and vehicle safety programs. According to an Associated Press news report, the funding comes from the U.S. National Highway Traffic Safety Administration (NHTSA) to the Rhode Island Department of Transportation (RIDOT).
The stretch of Hwy 74 that runs from Palm Desert toward Mountain Center and then toward Idyllwild as Hwy 243, is a scenic paradise with views of both the desert floor and the pine trees and firs that greet you as you get closer to the Mountain Village of Idyllwild. Known as the Palms to Pines Highway, it is a magnet for motorcycle riders who love the challenge presented by the curves in the road that take them in both directions. It’s also a death trap for the unwary or inexperienced rider.
Hwy 86 runs from Interstate 10 to Calexico. It passes through Indio, Thermal, Brawley and El Centro. Once known as “The Killer Highway,” stoplights were installed at some intersections to prevent broadside collisions. Anyone who’s driven the highway, knows it’s still dangerous because of the cross traffic. Now, once again, the highway is taking its toll.
Under West Virginia’s dog bite laws, a dog owner is liable for the bite if the animal was loose at the time of the incident. These strict liability laws mean the dog bite victim doesn't need to prove the dog owner was aware of any previous incidences of biting or even knew the dog would bite a person. But the law does allow dog owners to mount some common defenses against a dog bite lawsuit.
Drivers can reduce their risk of wintertime car accidents by preparing their vehicles for winter driving and adjusting their driving techniques.
The truck speed limit on the I-10 through the Coachella Valley is 55 mph. Most truckers drive through the valley at faster speeds. It would be easy to blame all of the big rig crashes and tractor-trailer rollovers in the Coachella Valley on speed, but there are too many other factors, including the negligence of others. With trucks that can weigh as much as 80,000 pounds, the passengers in cars and pickups they hit have a lesser chance to survive.
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?
The families of hit and run victims in Cathedral City and their attorneys just want answers. How can a bicyclist be hit by a hit and run vehicle, then a second pedestrian be hit by the same vehicle just moments later, then hit a second time by a paramedics vehicle transporting the first victim, and then hit yet by yet a third hit and run vehicle? These deaths in October 2014 would be just two in a string of recent hit and run wrongful deaths in the Coachella Valley.
It’s that time of year, Christmas, that dangerous time in California for drivers and pedestrians which accident attorneys and insurance adjusters know all too well. It’s Christmas. People in cars and pedestrians alike are distracted. They’re shopping, and coming from Christmas parties. Some are unfamiliar with the roads. Others forget what to do when it starts to rain.
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?
During the winter months, the risk of being involved in a car accident increases. According to the Federal Highway Administration, approximately 23 percent of the car accidents that occur each year are caused partially or entirely by poor weather conditions. During the 2009-2010 winter season, Illinois was one of the top 10 states for weather-related traffic fatalities.
It’s time to give personal injury lawyers a tort that can improve the lives of people at Christmas. How long are family members going to suffer at Christmas after being served dishes that should have stayed in the 50's, for lies told to them by their parents, and for Christmas traditions they never agreed to take part in, without being able to obtain some type of relief for the distress, the stomach pain and heartburn they’ve endured? Well no more. It’s time for the Christmas Tort.
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?
Twentynine Palms Marine Accidents and Fatalities on CA Hwy 62, The Killer Highway - A Personal Injury Tragedy
At least 182 people have died on CA Hwy 62 since 2002. More than 90 lives have been lost since 2007. The risks of dying on Hwy 62 make this highway a dangerous road to travel and the stretch of Hwy 62 from 29 Palms to Palm Springs one of the most dangerous stretches of highway in California. Marines from the Twentynine Palms Marine Corps Air Ground Combat Center and personal injury attorneys who represent grieving families know all too well what is known as “The Killer Highway.”
To sue or not to sue is indeed a pretty good question. The lawsuit can be underway at the time of the ADR; or, the success or failure of the ADR can determine whether a lawsuit is even necessary.
Individuals who have developed mesothelioma cancer, asbestosis, lung cancer, or other diseases linked to asbestos exposure may be eligible to file a lawsuit and receive compensation for the injuries and the cost of medical care.
Illinois joined the growing group of states to allow the use of medical marijuana.
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.
Explaining the process of representing oneself in a criminal case, and outlining the risks involved with doing so.
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?
Medical malpractice is a national crisis, killing more than 200,000 people each year by some estimates.
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.
An attractive nuisance is a dangerous condition on a person’s property that attracts children onto the property and puts their safety in danger. Landowners who have an attractive nuisance on their property are held to a higher duty to protect children. If an attractive nuisance is found to have injured a child on the landowner’s property, the landowner may be required to pay for the damages that resulted, even if the child was technically trespassing.
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?