Personal Injury Law Articles

Articles written by attorneys and experts worldwide
discussing legal aspects related to Personal Injury.

Missouri Man Injured & Ejected from Vehicle in Semi-Truck Accident

Last June a Missouri man sustained moderate injuries when he was involved in an accident with a semi-truck on Missouri Route 79 near Hancock St. in Foley, Missouri. The accident happened on June 19, 2012 around 10:30 am.

Insurers Balk At The Prevalence of Narcotics In The Workers’ Comp System

The prevalence of narcotic prescriptions in the workers’ compensation system is receiving a lot of attention currently because insurers are becoming uncomfortable with assuming the cost of these prescriptions when it comes to long term use.

FL Texting While Driving Ban Signed Into Law

The “Florida Ban on Texting While Driving Law” is set to go into effect on October 1, 2013 and has already come under criticism for being too weak, leaving a lot to be desired in the realm of enforcement.

In-Home Caregiver Caught On Camera Abusing Dementia Patient

Nursing home abuse does not just occur in nursing homes. It can happen anywhere. In Virginia Beach, Virginia, one in-home care attendant has been sentenced to more than a year in prison for mistreating a patient. The defendant was providing in-home care for a patient with dementia and has been accused of abusing the patient in 2011.

In-Home Caregiver Caught On Camera Abusing Dementia Patient

Nursing home abuse does not just occur in nursing homes. It can happen anywhere. In Virginia Beach, Virginia, one in-home care attendant has been sentenced to more than a year in prison for mistreating a patient. The defendant was providing in-home care for a patient with dementia and has been accused of abusing the patient in 2011.

Bus Driver’s Injuries Are Compensable Though the Injury Occurred At Home

A New Jersey Bus Driver was awarded workers’ compensation by a judge after her claim for benefits after experiencing an accident where she tripped and fell, breaking her foot, was initially denied.

Drunk Teen Driver Arrested for Causing Death of Two

An intoxicated teenage driver was recently arrested for driving over the speed limit and causing death of an elderly couple. According to the witnesses, the collision between the two vehicles was so intense that the elderly couple’s car flew about six feet in the air.

Defective Medical Device Lawyers Now Accepting Michigan Mirena IUD Lawsuits

Defective medical device lawyers at Buckfire & Buckfire, P.C. are now accepting Michigan Mirena IUD lawsuits.

Tyson Foods Inc. to Pay $4 Million Penalty after Toxic Chemical Releases

Tyson Foods Inc. has been penalized in the amount of $4 million after harmful chemicals were accidentally released in different facilities in four states. Due to the chemical exposure several employees were injured and one died. Additionally, risk management practices will need to be reevaluated.

Brain Injury Survivors Share Their Stories

In the United States alone, between 1.5 and 2 million people sustain some sort of brain injury every year. Around 90% of these occur in accidents, while 10% happen as a result of an assault. The Brain Injury Society recently held an event at Gaylord Hospital to honor those who have been affected by traumatic brain injuries and create greater awareness to the general public.

Common Injuries from Defective Products

Defective products are those that consumers expect to work properly but do not fulfill their functions.

Proposals of Tort Reform: Limiting the Rights of the Wronged

In the last few years, costly health care has been a hot topic, as families and employers struggle with skyrocketing health insurance premiums and state and federal governments wrestle with ever-increasing Medicaid and Medicare costs.

Falls Are Usually Funny

People often make light of accidental falls, including Hollywood artists (e.g., Chevy Chase, Jerry Lewis and Dick van Dyke) who have made a living out of making people laugh about falling down.

Money-Motivated Oil Rig Employers Sacrifice Safety

Money is a major motivating factor to many of the workers who are flocking to North Dakota, the fastest growing state in the nation, to work in the oil fields. Some oil rig employers are sacrificing the safety of their workers in order to make money.

South Florida 2013 Hurricane Preparedness Tips

It’s time for everyone along the east coast to ready their Hurricane Preparedness Plan, and the law firm of Panter, Panter & Sampedro, P.A. have prepared some tips to help prevent unnecessary injuries and damage to property.

Youth Hunting: Rules and Laws in West Virginia

Youth hunting alone is allowed for those 16 and older in order to avoid hunting accidents. After an accident, call a Clarksburg personal injury attorney.

What Are the Penalties for a Hit-and-Run for a Minor in South Carolina?

A hit and run accident in South Carolina can be a serious offense for both minor and adult drivers. There are several instances in which leaving the scene of an accident will incur penalties and fines.

Injuries Caused by Defective Car Parts

Car accidents are an unfortunate fact of life. When an accident is the result of another's negligence or recklessness, the law holds the person responsible. When the accident is due to defective car parts, there are responsible parties that should be held accountable too.

A Quiet Danger: Three Common Types of Nursery Product Defects

The CPSC reports that on average, 114 children die from nursery product injuries each year. This article examines the three types of product defects, as well as the victim’s and family’s rights after an accident.

5 Tips for Bicycle Accident Victims

As a cyclist and bicycle accident victim advocate, the author has learned several lessons over the 20 plus years he has been riding and practicing personal injury law. On this article, you will find some of the tips he would like to offer to victims of bike accidents.

Explanation of Disfigurement from Dog Bite: Types, Treatment and Damages

Disfigurement from a dog bite after a dog attack may result in compensation for the surgical costs to treat the disfigurement and emotional harm.

Special Consideration for Motorcycle Accident Caused by a Drunk Driver Crash

When a motorcycle accident is caused by drunk driver crash the consequences for the victim may be more serious.

Hypoxic-Ischemic Encephalopathy: Still a Common Threat to Infants

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.

Harlem, Lower East Side Children More Likely To Die In Crosswalks

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?

The Importance Of Filing A Police Report After A Car Accident

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.

Texas DWI Traffic Crashes in 2011

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.

Auto Defect Cases in Personal Injury Law

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.

2010 New Mexico Traffic Accident Information

New Mexico Department of Transportation has released traffic accident statistics for 2010, which show distinct trends.

Programs Raising Awareness about Nursing Home Abuse and Neglect

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.

Asbestos Trusts Assess and Pay Claims in Accordance with Trust Distribution Procedures

Trusts typically offer claimants two options for claim review, either expedited review or individual review.

Product Hazards

Identifying product hazards that cause injury

Slips, Trips, and Falls in Wholesale and Retail Trade Establishments

Spills on walking surfaces may cause slippery surfaces.

Electrical Shock Accidents and Injuries Are Often the Result of Negligence

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.

How to Prevent Boating Accidents

All watercraft accidents must be reported to the National Park Service within 24 hours.

Escalator Injury Lawsuit

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.

What Does Loss of Consortium Mean?

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.

Red Light Accidents Disputed Right of Way Crash

It can take a lot of information to analyze a crash. Data gathering should begin as soon as possible.

Premises Liability & Sexual Assault

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.

Sports Concussions and Injuries

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.

Caffeine as the Safest and Most Effective Solution to Truck Driver Fatigue

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.

5 Safety Tips that Should Be on Every Spring Cleaning Checklist

A few safety tips to keep in mind as you tackle your spring cleaning projects.

Aggressive Driving and the Law

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.

Nursing Home Negligence

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.

Five FAQ's about FELA Railroad Accident Claims

Frequently Asked Questions about the Federal Employers Liability Act.

Liability in Bus Collisions

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.

Seat Belt Laws Save Lives

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.

The Effects that Speed Limits Have on Auto Accidents

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.

Florida Law Enforcement Agencies Fight Hit and Run Accidents

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.

Rights in the Case of Defects in the Law of Sale - Germany

If the condition of the item purchased deviates not insignificantly from its specified condition, then the purchaser can assert extensive rights.

Car Accidents: Determining Liability

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.

How to Negotiate Your Own Personal Injury Settlement

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.

The Basics of Car Accident Claims

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.

Stopping Speeding Means Stopping Serious Car Accidents

The best way to curb speeding sometimes lies in enforcement, rather than relying on individuals to monitor themselves.

Accidents Involving School Buses

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.

Known to Fail but Implanted Anyway: DePuy ASR Hip Replacements

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.

Brain Injury Awareness Month in New York

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.

Rear End Collision - Is It Always Entirely your Fault? - Malaysia

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.

Seeing Doubles - Insurance Claim or Full Sum Damages, or Both? - Malaysia

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...

Workers Compensation: Shoulder Injuries

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.

Semi Truck Scares Interstate Drivers in Wrong Lane

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.

Increased Risk of Falls Due to Snow and Ice

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.

Warranty for Defects in the Law of Sale - Germany

Despite many attempts to provide a remedy, the purchaser potentially does not have to accept a defect in a new car that is irreparable.

What Should I Do After A Car accident? North Carolina Personal Injury Lawyer

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.

Speeding Remains the Number One Vehicle Accident Problem

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.

Why Slip and Fall Cases Often Settle

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 and the Public Duty Doctrine

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.

Motorcycle Victim's Rights

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.

Semi Truck Driver's Liablility

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.

Las Vegas Hit & Run Accident

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.

How Medical Bills are Paid for After an Accident

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.

VBAC – Vaginal Birth after Cesarean

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.

Wrongful Death Liability in Accidental Shootings

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”.

Criminal vs. Civil Charges

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: Pay Your Bills with Pre-Settlement Loans

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.

The Rise of Uninsured Motorist Collisions and What You Need to Know about Your Coverage

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.

Some of the Worst Traffic Congestion in the Country Are in Florida

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.

What to Do When an Insurance Claim is Denied

A successful insurance claim means vital financial resources for a claimant, so what happens when insurance claims are denied?

High Risk Pregnancy, Birth Injuries, and Birth Defects

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.

How to Press Charges After a Car Accident

Its estimated that every 17 years, we will be in a car accident severe enough to report to our auto insurance company.

How Safe Are New York Pedestrians?

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.

Elder Abuse Is a Growing Problem, Especially in For-Profit Nursing Homes

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.

Epidural Injuries during Delivery

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.

Use of Social Media in Pennsylvania Car Accident Cases

Personal injury lawyers aren’t the only people perusing the Web; insurance companies and defense lawyers will also use social media to their advantage.

No Rescission of a Purchase Agreement in the Absence of Defects - Germany

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.

Bicycle and Large Truck Fatalities Increase, While National Traffic Fatalities Fall

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.

In the Event of a Bike Crash, What Every Rider Should Know

This article details the legal rights a cyclist has when involved in an accident with a motorist.

Learn About Retaining Eligibility for VA Benefits

Eligibility for VA benefits is dependent on factors such as active duty. The determination of this is sometimes complicated, depending on the circumstances.

Louisiana Jones Act Claims: Types of Wrongful Death Compensation

Wrongful death lawyers can file Jones Act on behalf of surviving family members. Wrongful death compensation could include medical costs, lost earnings and more.

Types of Recoverable Damages in a New York Personal Injury Auto Accident Case

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

OSHA regulations for maritime professions include rules pertaining to shipyard employment, marine terminals and longshoring. Coast Guard rules may apply to vessels at sea.

Dog Attack Claim: Establishing Ownership of Dog in Fayetteville

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.

Hazardous Road Conditions

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.

How Are Damages Determined in a Personal Injury 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.

How to Get Your Car Repaired After an Auto Accident

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.

Chiropractors and Medical Malpractice Lawsuits

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.

Erbs Palsy and Brachial Plexus Birth Injury

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.

Comparative Negligence Still the Law of the Land in North Carolina

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?

Personal Injury Claim: Time It Takes to Settle a Claim

Settling a personal injury claim can take anywhere from a few weeks to several months.

Chapter 93A Claims in Massachusetts

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.

What To Do If You Are a Passenger Injured in a Car Accident

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.

Chicago Personal Injury Lawyers