Personal Injury Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.
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?
Three construction workers were recently killed, and one seriously injured, when the mast climber they were working on collapsed and sent them hurling to the ground.
Construction workers are often confronted with risks unique to their industry, including being struck by an object or debris.
Negligence resulting in the death of an infant at, or shortly after, birth is avoidable.
Pennsylvania has undertaken a new statewide effort for 2015 that is meant to increase driver and road worker safety across the state’s roadway infrastructure.
Injured employees across the country are able to receive medical treatment and have a portion of their wages replaced after being injured in a work-related accident or becoming ill on the job through the workers’ compensation program. Employers and employees both have a number of responsibilities under the program.
After being involved in a motor vehicle accident, it is important that you or someone with you be able to establish an accurate depiction of the scene. This is so vital that many insurance companies included a disposable camera as one of the items in their emergency preparedness handouts to clients. Now, with the advent of modern technology, many people have cameras in their possession at a moment’s notice.
According to research conducted at the Trondheim University in Norway, the key to a long and productive life is avoiding falls.
Three construction workers were recently killed, and one seriously injured, when the mast climber they were working on collapsed and sent them hurling to the ground.
The Pennsylvania Driving Under the Influence Association (PA DUI) is working hard to keep drunk drivers off of Pennsylvania’s roadways.
Noisy dogs are a common legal dispute. After all, while pet owners may feel annoyance at a dog that barks at every little noise, a neighbor has absolutely no control over training the dog not to respond in this manner. Thus, as the neighbor, what can you do legally to get the pet owner to quiet his noisy animal?
A recent change in the phrasing of the questions on the Center for Disease Control (CDC) Youth Behavior Risk Surveillance System Questionnaire has produced alarming new statistics.
Everyone has heard of the terms: defamation, slander and libel. But not all understand the meanings of the words or the elements necessary to bring a successful lawsuit involving those legal concepts.
The victims of personal injuries often live with many harmful long-term consequences. These individuals may suffer from ongoing health complications or permanent disablement. Many injury victims face challenges performing daily activities, from work to hobbies. Sadly, some victims also develop debilitating mental illnesses or disorders.
People injured in DUI cases often sustain life-changing injuries. Frequently, these injuries mean the victims will require expensive medical attention, either for a short period of time or for the rest of their lives. Of course, individual drunk drivers may not have the resources to fully compensate victims in these situations.
Imagine someone enters onto your property without your permission. Perhaps it is a child playing in the neighborhood, a stranger who does not belong there, or an uninvited acquaintance that has turned up on the property without permission. Now imagine that person is hurt while on your property without permission. Who is responsible? You? Them? A third party?
With the congestion and traffic in the city of Philadelphia, as well as a growing trend toward “going green,” more and more people are turning to bicycles as their preferred method of transportation throughout the city.
According to AAA New Jersey, car accidents are the leading cause of death for children over six months of age.
Currently New Jersey state law requires children ages 16 and younger to wear helmets when roller skating or skateboarding.
A common WorkCover scenario that we find with hard-working clients all over Queensland including Brisbane and the Gold Coast is this: They are employed in a heavy labour position such as in mining, construction work, heavy duty cleaning or a similar demanding job. Sometimes, these workplaces may not have adequate safety equipment, training or processes to address the nature of their job.
People who experience brain injuries have to face a lasting impairment. Whether this results from an accident, fall, sports injury, acts of violence, or medical incompetence, the victim may be able to receive compensation for loss of income, medical costs, pain, suffering and other damages.
The FDA has warned that women who use Zofran during pregnancy could be more likely to give birth to a child with heart defects or other birth defects. Families whose children were born with birth defects linked to Zofran have already filed lawsuits against the drug's manufacturer in two states.
Damage to the delicate infant brain can have devastating effects on the life of the baby, as well as the lives of those who love and will care for the child throughout their life.
The United States Center for Disease Control and Prevention (CDC) estimates that one half of the one million sports injuries that occur are among middle school children.
The individual who is found to be at fault for the car accident is the party who is ultimately responsible for paying for the damage that was caused by this individual’s negligence. However, when fault is not clear or two or more parties were at fault, fault may be apportioned between the negligent parties. A further analysis under the comparative or contributory negligence laws under the state is also necessary.
By Fundaro Law
If you have been injured on a sidewalk in New York City, there are many factors to consider when considering who is at fault and whom the claim needs to be brought against.
Buses are generally thought of as fairly safe forms of transportation. Otherwise millions of school children would not ride buses to school everyday, millions more commuters would not use them to get to and from work, and others would not use them to take cross-country trips or go on tours. They also tend to be in fewer accidents than cars and motorcycles.
Construction industry workers face dangerous working conditions every day.
The popularity of highly caffeinated energy drinks is well known for its ability to provide a quick lift and increased energy levels.
In an effort to reduce the number of concussions and brain injuries resulting from ice skating accidents, one New Jersey legislator has recently proposed a new law requiring the mandatory use of protective headgear for juvenile ice skaters.
For high school seniors and their parents, Spring can mean the excitement of learning which colleges and universities they have been offered admission to, and which new campus communities they may become a member of in the Fall.
The deadly Ebola outbreak that has been plaguing West Africa hit home in October of 2014 when a nurse in Dallas was diagnosed with the disease.
Pennsylvania House legislators voted overwhelmingly to pass a bill that will equalize patients’ out-of-pocket expenses for oral and intravenous cancer treatments.
Filing an injury claim against a company is much more complicated and challenging than filing a claim against an individual. You don't want to go rushing after an injury and file a claim against a business or commercial establishment. You first need to gather evidence, make sure that you meet all the criteria for your claim, and only then take the first step forward to contacting either the business or the insurer.
Every year thousands of the over nine million construction workers in the United States are injured at construction sites throughout the country.
Riding a bike is a popular means of travel with good reason.
As the weather warms up, more and more motorcycles are coming out of the garage, with riders ready to hit the road. Before you hop on your bike, remember to put safety first.
A New Jersey Appellate Court has reversed an earlier judge’s decision in a case involving a former ship worker who died from mesothelioma caused by exposure to asbestos at work.
Many find it surprising to know that violence has actually been on a steady decline for decades. Unfortunately, it does still happen. Often, altercations occur in a public location, such as a bar or club, a store, or a park or public street. When an attack occurs, what can you do to defend yourself and who is liable for any harm you suffer?
Whether your insurance policy is governed by a no-fault or an at-fault regime can have a direct and significant impact on how your claim is handled and the possible compensation that you may receive after being injured in an automotive accident.
Almost half of all car accidents in Los Angeles involve a hit and run driver. Don't be a victim and shoulder the damages on your own. Learn how to protect yourself.
Despite what some popular jokes insinuate to the contrary, lawyers are people, too. They understand that it’s common for potential clients to be nervous or anxious when meeting for the first time. Try to remember that attorneys are there to help you. Knowing what to expect can ease your mind.
The U.S. Department of Transportation recently slapped a penalty of $1.75 million on the Ricon Corporation for continuing to produce and sell defective wheelchair lifts, despite issuing a recall of the product.
The warmth of the spring weather is almost upon us. This brings many people outdoors after being cooped up in the house all winter to enjoy activities such as walking, running, and riding bicycles.
Work accidents often result in catastrophic injuries, such as crushed limbs. Understanding the most common work accident scenarios which result in crush injuries can help prevent these devastating injuries.
McNeil-PPC Inc., a division of Johnson & Johnson, has pled guilty to knowingly distributing tens of millions of bottles of children’s medication containing metal particles.
A class action lawsuit was filed in California Superior Court on March 19, 2015 claiming that 28 wineries produced and sold wine containing dangerous levels of arsenic and failed to warn consumers about the potential risks.
A recent study conducted by the pediatric chair for Wayne State University and DMC Children’s Hospital of Michigan reveals that energy drinks may be dangerous and even deadly.
Manufacturers failed to take immediate steps to resolve issue of metal particles found in Children’s Tylenol medicine.
In some cases, people enjoy falling: falling in love, falling asleep, falling in with good fortune, etc. Most of the time, however, falling is an unpleasant, jarring experience. It's unfortunately one of the leading causes of injuries in the United States. According to the National Floor Safety Institute, falls are the leading cause of emergency room visits, accounting for 21.3% of all causes.
The top 3 mistakes people make trying to handle their personal injury case themselves.
The impact of a collision or a fall can put too much force on your spine, particularly in the lumbar region, also known as the lower back. Lumbar fusion, also known as spinal fusion, is a surgical procedure used to treat painful back conditions usually stemming from damage to discs or vertebrae in the spine. The procedure is relatively invasive, so medical professionals often consider it a last resort for patients who haven’t seen significant improvement from other treatment methods.
As your personal injury claim nears its end, you will sign paperwork and prepare to collect the compensation we have recovered on your behalf. One word you will encounter during this process is lien. Lien is the legal term that refers to money you owe at the time of disbursement, or the time you sign paperwork listing your costs and receive your money.
Water skiiing is a lot of fun. The thrill of “standing” on the water, whizzing along at incredible speeds, and the inevitable splash at the end. But, what happens when something goes wrong and someone is injured while out there water skiing?
A settlement was reached between Ethicon and the woman whom was injured from one of its Transvaginal Mesh devices.
People are injured in accidents every day. When this occurs, individuals are often dealing with a number of stressful events at one time. They may have suffered injuries and are missing time from work to recover. They may have sustained damage to their only vehicle and not have an alternative form of transportation.
In 2013, about 2.3 million people in the U.S. suffered injuries in car accidents, according to the National Highway Traffic Safety Administration. These accidents are often traumatic, so it’s not surprising that many people don’t know how to react afterward. Unfortunately, a poor response to a serious accident may later prevent a person from receiving compensation for any associated injuries.
The findings of a study by the Consumer Financial Protection Bureau show a disturbing trend underway by corporate america – blanket credit service contracts with arbitration agreements to prevent the public's ability to sue.
The Driverless Car of the future may have unwanted passengers. Modern cars are heavily dependent on electronic systems but safety regulations have not kept pace.
Hospitals in Philadelphia and Pittsburgh are among others in Illinois, Seattle, and Los Angeles that have recently been hit by a superbug that has claimed the lives of two patients and left hundreds of others exposed to an antibiotic resistant bacteria.
There are various safeguards that have been established to protect those who work around asbestos, because the risk of developing mesothelioma is so high when exposure occurs.
Social networking sites like Facebook, Twitter, and Instagram allow us to live in a constantly connected world.
A former guardrail installer from Virginia is making it his mission to travel the country and bring awareness to what he claims are defective guardrails on our nation’s highways.
Many Americans today suffer from some sort of chronic illness.
Not every personal injury is the same. Likewise, not every personal injury attorney is the same. Before you go through the expense of hiring a personal injury lawyer who is not a good fit, consider these issues.
Now may be the most dangerous time in the short history of self-driving autonomous vehicles when automakers are testing their autonomous self-driving vehicles on the roads and highways in California, across the country and internationally to work the bugs out of their systems. But how will California autonomous self-driving vehicle accident lawyers assess and prove liability in accidents involving these cars once more of them are on the road? This article begins to examine just that.
While car accidents are often traumatic events, the things that people do and don’t do immediately after a collision often have a dramatic impact on the outcome of their car accident claim. Here are a few things to do and not to do after a car accident to keep in mind if involved in a car accident.
Brain damage during the childbirth process has been associated with many different serious disorders that can cause lifelong difficulties for the child in question.
Parents should always be aware of the high risk of drowning–especially for very young children–and should always take precautionary steps to keep their children safe in or around any type of water, no matter how shallow the water may be.
Thousands of homeowners in and around Atlanta have swimming pools or hot tubs on their property. While these amenities can significantly increase property value and can provide hours of entertainment and relaxation, they can also pose a risk of serious injury to people who use them.
Parents all know that if they plan to drive their child, they will need a car seat. To help keep our children safe while in a vehicle, there are laws all parents should be familiar with.
Slip-and-fall accidents have the potential to result in serious or even fatal injuries. They may lead to permanent injury or disability ranging from chronic pain to bone fractures or even paralysis.
The construction industry consistently has one of the highest rates of workplace injury each year.
For most of us, the word “poison” conjures up fairy tales and fantasies — Snow White’s poisoned apple, Captain Hook’s medicine in Peter Pan, the Wicked Witch’s poppy field in The Wizard of Oz. Or, for readers of a certain age, maybe “Every Rose Has Its Thorn” comes to mind.
Once a case is settled, the final steps to receiving the money damages you have attained include filling out the necessary legal paperwork. One such piece of paperwork is a disbursement. A disbursement is a document that outlines all of the deductions from your settlement.
If your workers' compensation case is in dispute, your case may need to resolved through a workers' compensation trial.
Homeowners are constantly faced with routine maintenance and repairs, and many like to modernize their homes with extensive remodeling projects. While these types of upgrades and repairs are necessary, there could be hidden dangers for unsuspecting inhabitants.
If you choose to file a claim with the Division of Workers’ Compensation, you should hire an attorney to help with your claim. The legal system can be confusing and overwhelming, and there deadlines to be met. An experienced Personal Injury attorney will guide you through the process.
The California Homemade Food Act which went into effect January 1, 2013 has created a new category of food production called a cottage food operation. To qualify for a permit, aspiring food manufacturers need to attend a food safety class, pass an exam, learn how to label foods, pay a fee and submit to inspections. They can’t smoke or keep pets in their kitchens, certain hazardous foods are prohibited, and there is also a revenue limit.
In most instances of personal injury, you know right away or within days or weeks that you are injured.
Chemotherapy is often the first line of defense for patients suffering from mesothelioma. Many mesothelioma patients are not eligible for surgery at diagnosis, so chemotherapy is the best option for increased survival rates.
If a consumer is injured by a defective product, he or she may have a variety of avenues available to protect him or her.
Victims of crime are often misinformed about their full legal rights. There are many differences between the criminal and civil justice systems. Learn about crime victims’ full legal rights.
If you or someone you know was bitten by a dog, it is important that you consult with a dog bite lawyer as soon as possible. Your lawyer will make sure that you get the proper medical treatment, find out as much as possible about the dog that bit you, get witness statements regarding your attack and the dog’s previous behavior, and identify sources of compensation for your loss. Your New Jersey dog bite lawyer will build a strong case and aggressively pursue the compensation you deserve.
Thousands of products are recalled every year due to manufacturing defects, poor product design that creates unsafe conditions for users, or a lack of adequate safety information about the product included with its packaging.
Construction worker injuries and deaths in construction work zones happen all too often. Just a few months ago, a construction worker in Chester County was hit and fatally injured by an automobile when he was putting down cones. This is one recent news story among many involving the death of a construction worker in a highway work zone.
As the winter weather continues into March, the personal injury lawyers in South Jersey and Philadelphia at Grungo Colarulo want to remind everyone to stay safe while walking.
Many in the nursing home industry are facing a drop in their ratings on the government’s consumer advocacy website, Nursing Home Compare, as tougher standards are imposed.
The federal government is currently making it much more difficult for nursing homes to achieve a five star rating. The Centers for Medicare and Medicaid (CMS) altered their public reporting site to include a stricter criteria to reach a top rating.
Over 50% of slip and fall accident cases filed last year happened on the grounds of a condominium or a cooperation ownership (co-op) building. This significant number includes five areas that are most hazardous. By examining these unsafe conditions, the number of slip and fall injuries can be reduced.
If you have been involved in a motor vehicle accident and the striking vehicle has insurance, it is more than likely you will be contacted by their insurance company. For the reasons outlined below, the answer is do not ever give a statement to the other vehicle’s insurance company.
Researchers who are working to develop new mesothelioma treatments are faced with the challenge of minimizing potential side effects. Ideally, effective treatment will selectively target malignant cells without damaging healthy mesothelial cells.
New federal investigation findings indicate that design flaws and installation mistakes resulted in the 2012 fire at the US Ink facility located in East Rutherford, New Jersey. As a result of this dangerous combustible dust fire, seven US Ink employees suffered first and second degree burns.
Mesothelioma is a deadly form of cancer notorious for being difficult to treat. The disease is often not diagnosed until it has reached an advanced stage, which makes most patients ineligible for potentially curative surgery.
Icy conditions cause slip and fall accidents to happen more often than one might believe. Falls on icy sidewalks can be life-changing, resulting in terrible injuries such as sprains, broken bones and traumatic brain injuries, as well as lost time from work and lost wages. Some falls even result in death.
Habitat Magazine recently published an article covering the most common areas board members and property managers of co-ops and condos should be aware of in terms of slip and fall accident prevention.
Most people see their pets in a light similar to their own children. So, when a dog misbehaves it may be easy for an owner to overlook the bad behavior and forgive the errant puppy. But, what if the dog bites someone? Are there legal ramifications? What should an owner do?
It is late at night, you have to work in the morning, but all you can hear is the thumping of your neighbor's stereo next door. You have asked them to turn it down before, but they do not seem to get it and the racket continues. Now, it is time to take things to the next level. So, what can you do about a noisy neighbor?
In an investigation of recalled products last November, ABC News found that a typical product recall only recovers five to 20 percent of affected products. With hundreds of products recalled every year, it is very likely that you have a dangerous or defective product somewhere in your home.
As in common law countries, Turkish Law also covers damages stemming from death involved incidents by third parties. Traffic Accidents, Construction Accidents and other death involved accidents caused by third parties are subjected to Turkish Tort Law and also Criminal Law. Wrongful Death is also stipulated under Turkish Penal Law under the section of “intentional murder” or “murder with negligence”.