Personal Injury Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Personal Injury.
When a motorcycle accident is caused by drunk driver crash the consequences for the victim may be more serious.
Despite advances in neonatal medicine, hypoxic-ischemic encephalopathy remains a common condition in the U.S., potentially causing cerebral palsy, brain damage or death to the infant.
Children in Harlem and the Lower East Side face a disproportional pedestrian accident rate than children in other areas of Manhattan. Why is there such a large disparity and what is the solution?
Oftentimes people assume that they do not have to file a police report if they are involved in a minor accident. But if you plan to seek compensation, filing a police report strengthens your case.
The Council on Alcoholism & Drug Abuse reports that approximately 16,000 alcohol-related traffic accident deaths occur every year in the United States. According to the Centers of Disease Control and Prevention (CDC) and the National Highway Traffic Safety Administration (NHTSA), alcohol plays a role in about one out of every three traffic fatalities.
Per the National Highway Traffic Safety Administration (NHTSA), any automotive part that “poses a risk to motor vehicle safety” can be viewed as defective. The manufacturers of defective products which result in the injury or death of consumers who use them as directed can be held legally accountable under strict liability laws.
New Mexico Department of Transportation has released traffic accident statistics for 2010, which show distinct trends.
Awareness is extremely important when it comes to eliminating nursing home abuse and neglect and elder abuse. Calling attention to the existence and prevalence of these issues is crucial and it is also very important for family members to develop an awareness of the signs of abuse, so that cases can be identified and dealt with.
Trusts typically offer claimants two options for claim review, either expedited review or individual review.
Spills on walking surfaces may cause slippery surfaces.
Like failure to fix known hazards; failure to follow written safety rules and processes; and every day negligence. Defective products and equipment are also often at fault.
All watercraft accidents must be reported to the National Park Service within 24 hours.
Many different types of claims can be made in an escalator injury lawsuit, depending on the circumstances of the escalator accident. An escalator accident lawsuit may be brought under negligence, strict liability, and failure to warn. The most common type of claim in cases in which a body part got caught in an escalator is for negligence.
When a family member has been seriously injured, it is possible to bring a claim for yourself - to compensate you for the damage to your relationship and any loss of services. This is called a loss of consortium, and this type of claim is usually pursued by spouses.
It can take a lot of information to analyze a crash. Data gathering should begin as soon as possible.
Rape and sexual assault survivors may pursue civil remedies. There are a wide range of tort causes of action and can seek redress. Sexual assaults often happen in casinos, hotels, motels and apartments. only 3% of all sexual assault civil claims proceed to a lower court judgment and a full 97% of all cases settle before trial.
By Reiff & Bily
There are various types of sports injuries that can occur while on the field or on the court, but there are some parts of the body that are more prone to injury than others. The most common injuries among athletes are sprains, strains and concussions.
Despite the pressure to most truck drivers to deliver in a timely manner over very long distances, the solution to staying awake and free from fatigue may be as simple as a cup of coffee, as reflected in the results from a recent Australian research. Instead of taking harmful prescription drugs that may lead to side effects and even road accidents, it may be better for truck drivers to limit their solutions to regular intake of caffeine.
A few safety tips to keep in mind as you tackle your spring cleaning projects.
Accidents caused by aggressive driving behavior have been happening with increasing frequency over the years. This article explains what the law views as aggressive driving, the risk that such behavior poses to others on the road, and outlines the penalties for it.
When nursing homes neglect elders and they suffer injury, the injured person or their family will most likely have a claim against the nursing home. Nursing homes have certain duties that they must fulfill to their patients, and whenever a nursing home fails in those duties, there is a basis for a claim.
Frequently Asked Questions about the Federal Employers Liability Act.
A freeway accident on March 27th, 2013 involving an SUV and a bus injured 11 people. Only minor injuries were reported from the crash, which occurred at about 7:30 a.m. Reports indicate that a municipal bus and an SUV collided on an on ramp in Riverside, CA - further details as to the cause of the crash remain unknown. The bus was carrying a total of 29 passengers.
Drivers are wearing seat belts more than ever and it is resulting in the risk of being killed or severely injured in an automobile accident by at least half.
Numerous studies have been carried out nationwide to tackle the question: Do higher speed limits affect the rate of traffic accidents and fatalities? Unfortunately, there is no one answer set in stone.
The Florida Department of Highway Safety and Motor Vehicles or FDHS in a press release shows that Florida’s hit and run fatal auto accidents, over the past two years has increased.
If the condition of the item purchased deviates not insignificantly from its specified condition, then the purchaser can assert extensive rights.
Most car accidents are straight-forward and liability is easy to understand. But did you know that there are more factors than the two drivers? The accident could have been caused by a faulty car, or a poorly designed intersection, or even bad weather. Before contacting the insurance company, make sure you understand the real cause of your accident.
Not every case needs a lawyer. If your case is small, you may be able to negotiate with the insurance company yourself. We don't often recommend this, as it can be very difficult even with a small claim to work with the insurance company, but it is possible.
Car accidents make up the majority of personal injury cases in the U.S. court system. They are an unfortunate fact of life as the majority of American's drive cars. If you or a loved one is involved in a car accident due to another person's negligence or recklessness, the laws in Missouri and Illinois holds them responsible.
The best way to curb speeding sometimes lies in enforcement, rather than relying on individuals to monitor themselves.
A recent school bus accident in San Bernardino seems to back statistics that most school bus crashes are head-on collisions. Elderly couple driving a Jeep struck the bus after running a red light. Fortunately, no kids were on the bus. Unfortunately, the bus driver and the elderly couple in the Jeep were hurt.
Johnson & Johnson announced in January 2013 that it had set aside close to $1 billion, in addition to the $3 billion set aside in 2011, to compensate those who received a defective metal-on-metal hip implant from the company.
Some of the most serious injuries resulting from an accident are brain injuries, and the medical expenses that follow could put a strain on your finances as well as your family's. When pursuing compensation for damages, it is recommended that you engage the services of an experienced and skilled personal injury attorney to help you obtain the highest possible amount for your claim.
At time it is customary to assume that when you crash into the car in front of you, the fault is all yours to take. That may not always be the case, and here is why.
You met with a motor accident, and your medical expanses were covered by insurance. Are you entitled to claim from the wrongdoer as well? The answer would appear to be a resounding yes, but it is not so simple...
Insurance companies will often deny benefits. They dispute shoulder injuries by blaming your problems on arthritis or that the injury did not result from a work related incident.
The driver of a semi truck got lots of attention on the morning of March 18th, 2013 when he drove for about 10 miles in the wrong direction on an interstate. Police dispatchers were first alerted to the wayward semi a little after four in the morning, when motorists began calling in handfuls to report the truck, which many reported forced them to swerve in order to avoid a collision.
Business owners have a duty to inspect their premises for slip and fall hazards and fix any hazards they find or provide proper warning. In general, homeowners and others who possess property are liable for the slips and falls of their guests.
Despite many attempts to provide a remedy, the purchaser potentially does not have to accept a defect in a new car that is irreparable.
If you have been truly hurt during a collision due to someone else's negligence, it is extremely necessary to consult with a North Carolina Personal Injury Lawyer. Pierce Law Offices has the useful resources and expertise to assist you and your loved ones throughout this stressful period.
While recent statistics show a drop in vehicular accident fatalities over the past ten years, the most common cause of road accidents needs to be given some attention. The combination of speeding and aggressive drivers is the main factor involved in motor accidents and state authorities need to implement more effective measures to help prevent these accidents. For now, individuals may turn to their personal injury lawyer in seeking compensation for pain and injury resulting from these accidents.
Retail giant Target has settled a slip and fall claim that was filed in 2012 and based on an injury sustained in 2010. The injury was allegedly caused by a soda spill in the aisle of one of Target’s stores. The claim also named several “John Does” who may have been to blame in creating the hazard.
Sovereign immunity does not allow anyone to sue a federal or state entity without its consent. This authority comes from the federal structure of the U.S. Constitution. A government entity can only waive sovereign immunity through deliberate and explicit state action.
A motorcycle rider was killed on Thursday, March 7th, when the driver of a car attempting to make a turn entered the rider’s path - the rider, who was wearing a helmet, was just 21 years old and died later of his injuries. This accident occurred in Bradenton, Florida and is the second fatal motorcycle accident that the city has experienced in a week.
A speeding trucker is responsible for causing a chain reaction that caused traffic to back up for hours. According to reports, the at fault semi truck driver was navigating a ramp too fast when the truck tipped onto its side and slid across the highway, blocking every lane on that side of the expressway.
Leaving the scene of an accident with out stopping to to engage in the required procedures after an accident can lead to serious federal consequences for that driver.
When a person is injured in a motor vehicle accident, the medical bills quickly pile up and the challenge of paying for them can be financially devastating. That's why it is important to understand when you need to pay, and under which circumstances the other driver is responsible for taking care of the repair and healthcare-related bills.
Most women who have had a previous C-section birth can deliver their next baby vaginally. However, some women will be in danger of a birth injury from VBAC. This article discusses the risks and what women contemplating VBAC need to do to prepare for a safe delivery.
Eugene Collier, a long time hunter well into his 60s, was recently acquitted of manslaughter charges in the accidental shooting death of Marine Reservist Christopher Ochoa, 20 years old from California. According to testimony, Collier believed he was shooting at a bear when he pointed his rifle at Ochoa and pulled the trigger from about 100 yards away. Collier admits to shooting Ochoa, but calls the incident a “tragic accident”.
A cab driver was taken to the hospital after being assaulted and battered by a customer who didn’t want to pay his fare. According to reports, the driver of the cab had just finished dropping off four customers when one of the customers pulled a handgun and used it to strike the cab driver in the head.
Lawsuit settlement funds allow victims to get money through means like pre-settlement loans with the help of a Dunn accident injury attorney. Get your money quickly.
It is estimated that one in seven drivers in the United States are consistently operating motor vehicles without insurance coverage. This article discusses the rise in uninsured motorist accidents and the need for people to review their insurance coverage to determine that they would be able to receive monetary compensation from their own carrier in the event of an accident with an uninsured driver.
The Miami Herald recently published a story by Texas A&M University's Transportation Institute who reported that the Urban Mobility Report for 2012 issued its annual report showing the region of Broward, Miami/Dade, and Palm Beach counties as having a rating of eleventh of the fifteen worst traffic congestion for urban areas.
A successful insurance claim means vital financial resources for a claimant, so what happens when insurance claims are denied?
High risk pregnancies include risk types such as women with abnormal weight, multiple pregnancies, premature birth, etc. Doctors need to pay close attention to a woman and infant with a high risk pregnancy.
Its estimated that every 17 years, we will be in a car accident severe enough to report to our auto insurance company.
In short, the overall picture looks good. New Yorkers can be confident that their streets are getting safer. However, not everything is wonderful, and the city cannot afford to relax its efforts to improve pedestrian safety.
The growing number of for-profit nursing homes appears to be adding to the problems of waste, fraud and abuse that plague many nursing homes.
Before you decide to have an epidural, it is important to understand the risks involved, including what injuries epidurals can cause to both you and the baby.
Personal injury lawyers aren’t the only people perusing the Web; insurance companies and defense lawyers will also use social media to their advantage.
If the buyer of a defective second-hand passenger vehicle has the defect removed himself and only then declares that the purchase agreement is rescinded, he is not entitled to claim rescission.
Even though last year traffic fatalities dropped to their lowest level since 1949, bicycle and large truck deaths are on the rise, and not by a small amount. While overall traffic-related deaths down 1.9%, bicyclist deaths are up 8.7% and large trucks fatalities are up 20% from the previous year.
This article details the legal rights a cyclist has when involved in an accident with a motorist.
Eligibility for VA benefits is dependent on factors such as active duty. The determination of this is sometimes complicated, depending on the circumstances.
Wrongful death lawyers can file Jones Act on behalf of surviving family members. Wrongful death compensation could include medical costs, lost earnings and more.
If you have suffered injuries as the result of an accident due to someone else's negligence, you may be entitled to financial compensation. There are two general types of damages that an injured party can recover: compensatory and punitive.
OSHA regulations for maritime professions include rules pertaining to shipyard employment, marine terminals and longshoring. Coast Guard rules may apply to vessels at sea.
After a dog attack, you may decide to seek compensation through a personal injury claim. To do this, however, you will need to establish ownership of the dog.
As motorcycle attorneys, we have been confronted with virtually every type of motorcycle accident imaginable, including those that arise from hazardous road conditions. Many times these motorcycle accidents are reported as driver error which is not always the case.
Personal injury law is a broad area. The term is generally associated with cases in which a person has been hurt as a result of the carelessness, recklessness, negligence or intentional act of another.
Getting your car repaired is usually not an option - you need your car! So after an accident, the repair process can seem slow and frustrating. Here's some tips on getting your car repaired, and making sure the at-fault driver's insurance covers the cost.
By Reiff & Bily
Just as any other type of medical practitioner, when a chiropractor consults with a patient he or she is expected to make an initial determination of what might be wrong with the patient's health, then create a plan to begin the healing process. When a patient is misdiagnosed or improperly treated for their pain, they will not likely find the relief that they are looking for, and may even experience worsened conditions.
Children with Erb's palsy often have partial or total paralysis of their hand, arm, or face. The most common cause of Erb's palsy is dystocia, which happens from a brachial plexus injury during a difficult childbirth.
Seatbelts save lives and help to reduce injuries during car accidents. That said, what are the ramifications of not wearing your seatbelt when involved in a car accident where you are not at fault?
Settling a personal injury claim can take anywhere from a few weeks to several months.
For Massachusetts car accident lawyers, Massachusetts’ Consumer Protection Act, M.G.L. c. 93A, is a powerful legal tool that allows the Attorney General and consumers to take action against unfair or deceptive conduct in the marketplace.
If you have been involved as a passenger in a car accident, there are legal remedies to receive financial compensation for the injuries you incurred. You may file a claim under the insurance coverage of the driver of the car that you were in, use the coverage of the driver of any other vehicle involved in the accident or use your own coverage.
A brain injury is a very serious condition, as the brain is the center of our nervous system and controls our entire body. Brain injuries fall under two categories: traumatic brain injury and acquired brain injury. A traumatic brain injury is the result of direct external force, while an acquired brain injury is one that has occurred due to a mental condition.
Car accident victims suffering from a catastrophic injury often cannot conduct their own affairs. If there is no power of attorney Court’s must approve both of the person being appointed as Guardian & the management plans. Any settlement agreement with the insurance company must also be approved by the court. To that point the system in Ontario effectively protects the best interests of the incapable person. The question is – what about afterwards?
According to a study released by Johns Hopkins, surgical errors that are considered “never events” happen at least 4,000 times a year in the United States.
Pitocin is not just a dangerous drug; there are benefits to its use. If administered and monitored correctly, it can help save the life of a mother and/or her unborn child.
30 Percent of all Birth Injuries Are Preventable.
Pregnancy and childbirth complications are on the rise in the US.
Most construction accidents are caused by one of three main reasons. Generally, a failure in training or a poor decision.
They advertise on daytime television, billboards, buses and benches. They are often called ambulance chasers or even worse. They are often the brunt of “lawyer jokes”, but when you or someone you love has been injured or killed in an accident, who do you call? That’s right, you call a lawyer. But, how do we know who is the right lawyer to call?
Wrongful death lawsuits resulting from medical malpractice are filed when a patient dies as a result of the negligence of a doctor, nurse, medical professional or medical facility. This article will provide more information about California wrongful death claims.
Most tire manufacturers suggest replacing your tires within 6 years after the tire was made. Studies show tire age causes of many tire failures, occurring more prominently in warmer climates.
Making the right choice of placing your child in someone else's care can always be a difficult decision. In fact, there are many important factors to take into consideration when planning to choose a day care center for your child.
To clarify how much sensory and motor function is lost, after a patient experiences a spinal cord injury, physicians classify spinal cord injuries as either complete or incomplete.
Car accidents are the number one cause of death among teenagers in the United States. Per mile driven, teens ages 16-19 are three times more likely to be involved in a fatal car crash than drivers over 20 years old, especially in their first year behind the wheel. It is important for teens, parents and drivers who share the road to understand these dangers and how to prevent them.
About 195,000 deaths are caused by burn injures each year worldwide. A burn is tissue damage caused by heat, chemicals, electricity, sunlight or nuclear radiation. Burns are most commonly caused by scalds, building fires and flammable liquids and gases.
Though many people today take advantage of modern technology and record meetings or conversations for their own purposes or preservation, it would behoove them to know about the liabilities listed in the New Jersey Wiretapping and Electronic Surveillance Control Act.
As the number of motorcycles on St. Louis, Missouri and Illinois roads increases, so does the potential for deadly encounters between motorcycles and cars. Many different types of careless or negligent behavior on the part of other motorists can lead to injury or death for the motorcyclist.
Kernicterus is a dangerous neurological condition that can develop if a baby with very high bilirubin levels, leading to severe jaundice is not immediately treated. Kernicterus causes severe and irreversible brain damage. Kernicterus can be prevented.
Defective product liability stemming from failure to pull product from shelves may require the services of personal injury lawyers in Clarksburg.
Advice for parents on preparing their home to protect children from common dangers.
There are OSHA safety standards for vessels that employers must enforce to ensure ship fire safety. Violating standards could result in a Jones Act maritime claim.
Maritime lawsuits can result from seamen being injured by slips, trips and falls while on the job.