Personal Injury Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Personal Injury.
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.
The heyday of lead poisoning cases may be past, but they still pop up from time to time. Often, lead paint is discovered in older homes when renovations are underway. The effects of lead poisoning are often slow to develop and require difficult proofs.
Determining the responsible party for a car accident can sometimes be tricky. There is often a difference between who actually caused an accident and who legally is at fault. Understanding who is at fault will have ramifications on whose insurance will be required to pay for damage to vehicles and properties, and which driver might be held liable for personal injuries.
The immunosuppressant drug Rapamune was at the center of a lawsuit which was recently settled for $257.4 million.
Car accidents can happen at any moment and have the potential to be fatal.
Two Orlando, Florida car dealers recently made headlines when they were caught in a scheme to defraud customers. When you buy and sell cars at a dealership, you expect things to go smoothly; expect the dealer to follow the law. But if the dealer defrauds you, what are your options?
Recently, the Centers for Disease Control and Prevention (“CDC”) released additional inspection reports for its Vessel Sanitation Program (“VSP”), which is designed to assist the cruise ship industry in preventing and controlling introduction, transmission, and spread of gastrointestinal illnesses, i.e. food poisoning, on cruise ships.
Many will long remember the death of Princess Diana in 1997. She passed away as a result of a fatal car crash during a high-speed paparazzi chase. This led to a number of laws in both England and America relating to the paparazzi.
On February 20, 2011, a teenage driver was sending a text message when he accidentally swerved across the middle line and killed the driver of a vehicle heading in the opposite direction. The incident was clearly an accident, but was the teen's action of composing text messages while driving so wanton and reckless that it could amount to criminal homicide?
On a Saturday night in September, 2013, an emotionally disturbed man ran through Times Square in New York City mimicking the action of firing a gun at police. Believing in the heat of the moment that they may actually be under fire, the officers responded with actual bullets, hitting two innocent bystanders. Just a few months earlier, nine bystanders were hit by police bullets during a shootout with a disgruntled man who shot a former coworker in the financial district.
On September 12, 2013, a New York City driver reportedly hit the accelerator instead of the brake as he pulled into a parking space. The result: he ran over 5 teenagers standing on the sidewalk. Fortunately, none of the teens was seriously injured. But, to the shock of many, officials announced they did not intend to press charges in what they considered a purely accidental incident.
In virtue of technology development and progress in international economic and also political relations, the air transportation has become a preferable transportation type in the world.
For those who have either been injured by a hit and run driver, or those who have lost a loved one, it is clear that hit and run accidents can turn an already unpleasant event into a truly horrible one. For those who caused the accident then fled the scene, usually in a panic, the consequences can be severe.
Construction work can be very dangerous. Heavy equipment, heights, dangerous obstacles all around: construction work presents unique hazards most other occupations do not. As a result, injuries on construction sites are all too frequent an occurrence.
When we think of personal injury lawsuits we think of vehicle accidents, slip and fall injuries, or dog bites, but some kinds of personal injury do not necessitate that the victim is actually physically injured in order to recover compensation.
Whenever you step onto a bus, whether a city bus, a tour bus, a shuttle, a school bus, etc., you are entrusting your safety to the bus driver and the owner of the bus. For some reason, we feel safe and secure on a bus; so much so that many buses do not have or require seat belts. But even when in a bus, accidents do happen.
Motorcycle accidents, though not necessarily more common than other motor vehicle accidents, can be more shocking and devastating. But, they can also be caused by some unique circumstances. A number of studies and surveys have discovered some interesting facts and statistics about motorcycle accidents:
According to the Federal Railroad Administration, approximately 3,000 train accidents occur each year in the United States, and nearly 1,000 people die each year as a result. Railroad accidents may be in the form of a collision with another train, a car or bus, or even a derailment or fire.
In Illinois, employers have a duty to their employees to provide a safe work environment that protects them for injury on the job. This is even more true where industrial equipment or manufacturing machines are in use. But, industrial workplaces like factories, energy plants and warehouses have a higher than average rate of injury and death for their workers.
A tort is a civil (as opposed to a criminal) wrong committed by a person or company that results in some sort of harm to another, whether physical injury, emotional distress, or financial loss or property damage. The person or entity that commits the tort is called a “tortfeasor,” and is legally responsible for the harm their wrong causes to the victim(s).
In virtually every jurisdiction, the owner of an animal will be responsible if it injures someone, whether that animal is a pet, a service animal, or on display, such as at a zoo or exhibition. But, people get injured by wild animals, too. When a wild animal attacks someone, who is responsible for the injuries? The injured person? The property owner where the attack occurred? The government?
It may seem unthinkable that anyone would want to injure a defenseless elderly person, but it happens everyday. Nursing home abuse takes many forms, but all of it can be damaging, whether emotionally, physically, or financially. Knowing the signs of nursing home abuse and contacting a nursing home abuse lawyer if you know or suspect your loved one has been abused or neglected is critical in protecting both your loved one and others who may not have family or those as attentive as you.
Statistics show that there are 450,000 emergency room visits due to burn injuries every year in the United States. After emergency treatment, 10% of those injuries (or some 45,000 people) will be admitted to long-term care or treatment at burn centers. Unfortunately, about 3,500 of these burn victims will not survive.
It is a nightmare scenario nobody wishes to face: what should be one of the happiest moments of their life becomes one of the most tragic when their newborn experiences injuries during birth. These injuries can be permanently debilitating or even result in death. But, very often, birth injuries are also preventable and unnecessary, resulting from improper medical care.
In 2009, there were 10.8 million motor vehicle accidents in the United States. Let that number sink in for a minute. That’s 10.8 million reasons to know your rights when you find yourself in a car accident, specifically a fender bender. The name itself implies the minor amount of damage involved in such accidents.
An estimated 2 million attacks occur each year with only 800,000 documented. While some breeds have the tendency for more aggression than others, animal attacks can happen anywhere, anytime. Sadly, many victims are under 10 years of age and dog bites alone make up for most child emergency room visits due to an animal attack.
The Social Security Administration (SSA) is the organization responsible for paying disability benefits to American adults and children deemed to suffer from long-term disability. The law states that disabilities must be the result of a medical condition that has prevented, or will prevent, you from working for a year or that will ultimately end in death.
Americans have a non-explicit right (often called a “penumbra right”) to privacy. We find its origins in things like the right against self-incrimination, the right against illegal search and seizure, etc. In the modern era, the general nature of a right of privacy is the right of a person to be free from unwarranted publicity or the unwarranted appropriation or exploitation of that person's image, voice, or likeness.
Traveling by air is still one of the safest forms of transportation. Although airplane crashes are extremely rare, they do still happen ocasionally. When a major airline disaster occurs, the federal government provides support services to the families of victims and to survivors.
The other day I saw a bicyclist get hit by a woman in a large SUV as she inched into traffic. The driver of the SUV was not aware that she had hit anyone at first, and continued rolling forward, crushing the front fork of the bike while the rider scrambled away. It was not until he began screaming at her that she realized what she had done.
If you are looking to write a demand letter there are some tips you should keep in mind that will help to make your letter as powerful and effective as possible.
If you or someone you know has been in a boating accident, you understand how scary the whole event can be. Not only is someone injured, a boat may be damaged, and there may have been a very real fear of drowning as part of the accident. This can lead to long-term anguish and other injuries. Moreover, since it is not the familiar scenario of a car accident, who is responsible? Who do you report the accident to, if anyone? Is there insurance coverage? Who is liable?
If you are injured in Illinois by someone while they are working for someone else, who is liable? For example, if you are in a car accident with a delivery truck, is the driver liable or the delivery company? This is the concept of “Respondeat Superior” and can have very serious consequences for your personal injury case.
A person who is injured in a motorcycle accident may lose a small amount of income; on the other hand, his or her ability to earn a living may be seriously impaired for life
Lead paint lawsuits have become less common than in the past because lead paint is no longer being used. For about 50 years, lead paint has not been manufactured in the United States. However, people are still filing personal injury lawsuits relating to lead paint because lead-based paint still exists in older buildings. Residents or workers in these buildings can still suffer from lead paint injuries.
If you have been exposed to asbestos and been diagnosed with mesothelioma, you may want to know if you have a case against someone for your injuries, and if so, what the process for making that claim will be.
Energy drinks – such as Monster, Red Bull, and 5-Hour Energy – have taken the beverage industry by storm. In fact, they are currently one of the hottest-selling products of the industry. But as their popularity is reaching epic proportions, with sales in 2012 topping $10 billion, concerns about their safety continue to mount.
If you are wondering how to sort through the mess of personal injury attorneys so that you are able to hire a good one that provides quality (and winning) work, please read on.
It is a common topic on the local news, and every year, thousands of Americans are bitten by animals. More often than not, these animals are dogs. Obviously, dog bites can lead to a number of expenses, including tests for rabies, medical treatment for injuries, etc. As a result, victims of dog bites often have claims for damages against the owners of the animals, the owners of property where the dog bite happened, and sometimes others.
As many judges are fond of saying, ours are courts of law, not courts of justice. “Justice” is an often subjective term that fails to take into consideration the best practices for society at large. Laws are generally intended to create the best outcome for all people in all situations. But, what happens when the best intentions go awry?
Usually, when one is injured they are entitled to usual compensatory damages, or money intended to return the person to the position they would have been in had the injury not occurred. But in a few instances, someone's conduct can be so bad that the law has determined that simply paying someone back is not enough; that they should actually be punished for their conduct.
If you have been involved in a product liability dispute (or some other types of cases), your attorney may have mentioned that your claim is subject to the “economic loss doctrine” or the “economic loss rule.” That could leave you asking what that is and when it applies.
Nobody likes finding mold in their homes or businesses, but it is more common than you might expect. Unfortunately, a mold problem can be more than just annoying, it can be financially devastating to a property owner who must make expensive measures to eradicate the mold and to prevent its return.
Food poisoning is in the news again, and it seems to be an increasingly common occurrence as more and more of us eat meals prepared by others on a regular basis. So what should you do if you have become ill after eating contaminated food? The answer will depend on the particular circumstances of your illness.
Clients probably don’t think about how they can help their car accident attorney achieve the best settlement on their case. But they should. The attorney can’t do it all alone. The attorney and client work as a team on the case, and the client’s case is only as strong as the documentation contained in the attorney’s file. A client can help by making sure the attorney has all of the information.
On August 7, a serious motorcycle accident in Litchfield, Connecticut, resulted in the death of an elderly motorcycle rider. The 63-year-old died at a local hospital after being involved in a traumatic motorcycle accident.
Insurance bad faith, also known as “insurance fraud" is the term used to describe the mistreatment of consumers and businesses by insurance carriers. It usually applies to situations in which an insurance company refuses to pay out a settlement pursuant to the terms of its insurance contract with the person or entity they claim to insure.
Buying a car is usually an exciting experience. But, when your new car does not function properly, it can be a frustrating experience. When a car dealer sells you a lemon, how can you get to the “lemonade” of a properly functioning car and possibly even receiving a cash settlement?
A New Hampshire resident is facing criminal changes after a boating accident that happened last year.
Across the United States there have been thousands of these robots installed in hospitals and many surgeons have seemed eager to use the devices.
Have you ever seen a bike rider in the street blocking traffic and wondered whether that was even legal? Or maybe a bicyclist caused you to have a car accident by riding recklessly in traffic and you are wondering whether they will be considered a car or a pedestrian for purposes of attributing fault? Unfortunately, the answer can be complicated and depend on where you are.
The goal of damages in tort actions is to make the injured person “whole” through the award of money to compensate for injuries caused by the accident or incident.
When a plaintiff in a personal injury case puts an aspect of his or her physical or mental health at issue, such as by claiming disability from an injury or claiming emotional distress, the defendant will most likely and to obtain medical or psychiatric evidence to challenge those claims.expect?
Have you, or someone you know, been injured while visiting someone else’s home or place of business? Such injuries can occur as a result of wet floors, uneven steps, falling objects, defective elevators, defective parking lots and sidewalks, poorly lit staircases, inadequate security, dog bites, or some other dangerous conditions on the premises. If this sounds like you, you may have a basis for a lawsuit against the property owners.
Have you or someone you know been involved in a car accident? Was the accident caused or made worse by a defective part? We expect our cars to keep us and our families safe, but with a system of hundreds of moving parts, it is not uncommon for something to fail, often with dangerous results. Indeed, each year, millions of cars are recalled because of manufacturing defects or defective parts that can cause fatal car crashes.
Spinal cord injuries that result from the negligence or actions of another party are among the most life-changing an individual can experience. It is important to seek legal representation from an attorney who understands the significant and long-term impact that spinal cord injuries have on their clients and the rest of their lives.
Slip and fall accidents can happen at any time and in any place. Whether you're on the job, at the store or are simply walking down the street, you never know when you may become the victim of this type of accident.