Personal Injury Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.
If you drive a car, you’ve probably seen it happen (or you’ve seen the aftermath). A mattress, a piece of furniture, a chunk of metal, a huge box or some other large object falls off a moving truck (or the object is lying on the side of the road). What happens when the stuff that fell off the truck hits a car or a pedestrian or a bicyclist, causing a wreck and injuries? Is the truck responsible?
Consumers must be aware when shopping for vehicles that there are numerous vehicles that have had parts recalled that may not have received repairs. Car manufacturers like General Motors have issued recalls that affect nearly 25 million vehicles. Consumers must get informed about recalls when car shopping in order to avoid injury from car accidents related to defective parts.
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?
Back injuries differ in type and severity. Some car wreck victims suffer minor back injuries. For example, if a victim was stopped at a red light and another driver slowly rolled into his car, the victim might experience soreness for a few days. Other car accident victims are not so lucky.
Nursing homes can't evict elders based on ending Medicare coverage, lack of long term beds, or refusal to readmit after a hospital stay.
When individuals are involved in an automotive accident, the legal theory is usually negligence. In order to establish that the other driver was negligent and responsible for the damages that arose, the plaintiff must prove all elements of negligence.
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?
Studies show that understaffing is directly linked to elder abuse in nursing homes.
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 skilled pickpocket does not just take your wallet; he directs your attention elsewhere. When you notice you have been robbed, you blame someone else.
Regulation of the Supervision on Medical Instruments was revised and published by the State Council of People’s Republic of China on Mar. 7, 2014.
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.
When your marriage has ended and you discover that it is because your spouse has had an affair and/or has fallen in love with someone else, you may be tempted to seek revenge against the person who has “stolen” your spouse’s affections. Before you race off to court, you should check the laws of your state regarding these types of claims, as well as their success rates.
A recent court decision based on the case Hamilton v. Miller in the New York Court of Appeals is giving more hope to victims in New York lead poisoning cases. Previously, victims had to provide medical reports relating to each alleged injury. The lower court's narrow requirement requiring medical reports be furbished before defense medical examinations take place is no longer honored in lead poisoning cases, although victims must still furnish medical records relating to their injuries.
Truck drivers operating a massive vehicle under the influence of alcohol or drugs cause truck accidents in the Clarksburg, West Virginia region every year. These accidents can be severe given the size difference between large trucks and passenger vehicles, and the recklessness with which impaired truckers often drive. Survivors of accidents related to truck driver impairment can recover damages for losses sustained in the accident.
Iowa limits the benefits you can receive if injured on the job to specific categories of benefits.
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.
When a person is injured while in the hospital, he or she may consult a personal injury attorney who focuses on medical malpractice claims. One of the first questions that an attorney of this nature will try to answer is who may be sued. In addition to surgeons or other healthcare staff, hospitals may also be sued in some cases for malpractice. The hospital may be able to be sued if one of the following situations is applicable.
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.
While many would think it is more likely to be involved in a motor vehicle accident with another car, railroad fatalities are a larger concern, especially among pedestrians. Illinois' Rail Safety Week aims to encourage awareness of rail safety among pedestrians and motorists.
This month, legislators passed a bill entitled The Residential Care Facilities for Elders Reform Act of 2014 (ACT), effective July 1, 2015.
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?
A medical malpractice case may arise when a patient’s treatment falls below the standard of care when compared to other surgeons in the same practice area and the patient is harmed. A patient may be injured due to a variety of surgical errors.
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.
Every day, individuals are injured while on the premises of a business. Injured individuals may be able to pursue a personal injury lawsuit and recover for the damages that they suffer.
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 recent years scientists have learned more about the potential dangers of mold and breathing it in on a daily basis. While some individuals may develop minor respiratory symptoms, such as coughing and wheezing, more serious conditions may develop, such as fungal respiratory infections. In many states, your landlord may have some responsibility to help remediate the problem.
Product manufacturers must ensure their products are safe from defects that can cause injuries or fatalities. When companies fail in this duty, customers are exposed to the risk of injury or death while using the product. When death occurs because of a defective product, survivors of the deceased can filed a wrongful death lawsuit to recover damages.
The statute of limitations provides a time limit in which a plaintiff can bring a lawsuit without it being time barred by the court. With few exceptions, if this time limit passes, the plaintiff will be forever barred from bringing the suit. Like other types of claims, there is usually an applicable statute of limitations.
If you have been injured in another accident that was caused by another party, you may be able to pursue a civil lawsuit against the responsible party. However, a lawyer may evaluate certain factors of your case to determine whether or not to take your case.
Motorcyclists are at an especially high risk of suffering head injuries in an accident because of the relative lack of protection compared to drivers of passenger vehicles. Accidents can result in brain injuries and can require extensive treatment, including hospitalization. For some victims, a head injury from a motorcycle accident can have lasting and severe effects.
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.
Nursing homes in LA discovered prematurely closing claims regarding elder abuse before completing investigation
Being involved in a road traffic accident can leave you with anything from whiplash and bruising to serious head and spinal injuries. If you are uncomfortable enough to be involved in a horrific road accident, which was not your fault, then you may be entitled for a personal injury compensation claim.
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.
If you have been injured in an automotive accident, slip and fall or workplace accident, your immediate reaction may be to sue the party responsible for your injuries. However, not all cases warrant an attorney’s involvement. Furthermore, attorneys may refuse to take a case if it is not worth the attorney’s time or experience.
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).
Can an employer retaliate when a worker files an OSHA complaint or files for workers’ compensation benefits?
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.
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.
A few weeks ago, we discussed the criminal consequences of a driving while intoxicated (DWI) charge in Texas. This article covers some of the civil (i.e. non-criminal) consequences that you might face as a result of a DWI charge.
Tesla Motors is known for their cutting edge electric vehicles. The National Highway Traffic Safety Administration (NHTSA) has given the Tesla Model S a 5-star safety rating in every subcategory without exception, setting a new record for the lowest likelihood of injury to occupants (Tesla Motors).
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.
Youth football players are at risk for brain injury due to their sport, and a new law in California, AB 2127, seeks to reduce injuries to the brain, such as concussions, among young football players. California joins many other states in combating the growing concern that young football players are sustaining head injuries playing middle school and high school contact sports.
Status updates on proposed legislation for the Residential Care Facilities for the Elderly (RCFE) Reform Act of 2014 that are up for review at the next legislative session.
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.
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.
The term “tort reform” has been a favorite in the news for years, but what does it really mean? What is a tort, why does it need to be reformed, and what kind of change needs to be made?
Each year thousands of U.S. workers die and millions more are injured in workplace accidents. In fact, according to the Bureau of Labor Statistics, there were 4,383 fatal work accidents and 3.7 million nonfatal work injuries in 2012.
Living as a tenant in a apartment or house in California requires payment of monthly rent to your landlord. Clearly, it is your obligation to pay rent in exchange for living at a property that is owned by another.
According to the U.S. Food and Drug Administration (FDA), India's pharmaceutical company Lupin Ltd is recalling 9,210 bottles of the infection-preventing drug Suprax because of a failed purity test in the United States.
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.
Some family members may challenge the distribution of a wrongful death settlement, arguing they are entitled to damages because they were dependent on the deceased. An attorney can help Clarksburg families protect their right to damages.
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.
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?
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?
Parents warn their teenagers about the dangers of risk driving habits, but data shows that many parents engage in the same dangerous driving behavior that they warn their children against.
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.
A vacation aboard a cruise ship can be a memorable experience, an affordable, all-inclusive vacation option, and a great way to see exotic ports of call. But, what happens when something goes wrong and your memories end up being of sickness, injury, inadequate medical care, fire, being stranded, crime, or even the wrongful death of a loved one?
How often do we hear the compound term “assault and battery” thrown around in courtroom television dramas or the nightly news? Were you aware that assault and battery are actually two different things? That they can have both civil and criminal implications? So what exactly is the difference between them, and why is this distinction important?
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.