Personal Injury Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.
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.
The moments following an accident or other injury are confusing and overwhelming. You may not know what to do or where to turn if you or a loved one has been injured due to someone's negligence or wrongdoing.
Accidents rarely come with any forewarning, leaving most victims unprepared and unsure of how to proceed. When you or someone you know is injured, you will have a lot of uncertainty and need to make a lot of decisions very quickly. You should always seek immediate medical attention for any injuries and also seek the assistance of qualified, experienced legal representation. But, how do you know who the best attorney is for your case?
When the intentional or negligent actions of another lead to death, certain family members of the deceased may be entitled to recover damages in a wrongful death lawsuit.
Personal injury attorneys typically handle swimming pool injury or drowning cases. However, drowning claims and swimming pool negligence claims have many unique issues that the typical injury lawyer may not have the requisite experience or expertise.
Every parent hopes their newborn child will enter this world happy and healthy. In most cases, this is exactly what occurs. In some rare instances, however, newborn children may suffer from a birth injury. Following are ten of the most common birth injuries experienced by newborns in Georgia.
One can only bring a lawsuit for negligence if they can establish all four of the required elements. If any one of the elements is missing, then there is no negligence from a legal standpoint, and a lawsuit cannot be sustained. Of course, there are often defenses and other technicalities involved with proving such a case, so it is always best to contact a qualified, licensed attorney to help answer your questions and guide you through the process of analyzing your claim or defense to negligence.
Every year, car accidents lead to a substantial number of serious kidney injuries. Motor vehicle safety devices such as seat belts and airbags have saved countless lives and prevented injuries for many individuals involved in car accidents. Seat belts are designed to prevent chest and other internal injuries by dispersing the force of a collision across two of the body's sturdiest areas: the upper chest and the pelvis.
Confusion often surrounds the question of whether or not a car in a funeral procession can run a red light. Additionally, the probability of a serious car accident occurring involving personal injury increases if you have a long line of cars running through a red light during heavy traffic such as in New York City.
Slip and falls are one of the leading causes of accidental injuries in the United States. In fact, these unfortunate instances account for nearly 9 million emergency room visits annually. While young and old people get involved in such mishaps, the elderly are considered high risk with one-third of those who are age 65 or older suffering falls every year.
Just last month, the issue of drowsy driving was brought to the attention of the nation when a sleepy truck driver plowed into famous comedian Tracy Morgan, killing his passenger - fellow comedian James McNair - and critically injuring Morgan and his other passengers.
No matter a driver's reasons for leaving the scene of an accident, you, the victim, are still left high and dry without compensation to help you pay for your injuries or to fix the vehicle's damage. On the other hand, there still are many options for legal recourse and compensation.
While dog bites are fairly common, unprovoked dog attacks are not. However, as we recently saw in the viral video of a cat saving a human child from an attacking dog, they do occur. Therefore, it is important that you know what to do in case of a dog attack. These tips can help you rectify a situation with a potentially dangerous animal.
Arizona has more lakes and rivers than many people assume. However, the state also has the fifth highest boating accident rate in the country. Why is that?
The impact of a car accident may pose serious harm to the driver as well as the passengers, and leave them with long-lasting side-effects to contend with in the future. Here are some examples of the most common injuries sustained in an accident:
Drowsy driving is one of the most common driving hazards, but new data highlights the dangers associated with drowsy driving. In fact, research shows that drowsy driving is as dangerous as driving while drunk.
UBER has insurance above and beyond minimum state insurance requirements that are carried by regular taxi drivers.
If you are unfortunate enough to suffer injuries and property damage as a result of somebody else’s negligence, the only thing the civil justice system permits by way of recovery is monetary compensation. Similar cases can have different results and, as such, it is important to do everything you can to obtain full value for your damages.
While most of us worry about swimming too far off the coast during a summer vacation, we don't realize that we're more at risk on a roller coaster than a shark when venturing outdoors this season.
It seems that we're hearing more and more about children being left in cars on a hot summer day as the parent goes shopping or to a hair salon, but is their a legitimate surge in these cases or is the media covering them more often?
The dangers of texting and driving are well-known and undisputed. But did you know that texting while walking also presents a number of injury risks?
If you presumed that only the elderly are prone to slip and fall incidents, think again. Many people just older than 24 are affected by slip and falls every day, with numbers going into the millions annually.
A discussion of whether a college can be held liable when a student is assaulted. A recent Pennsylvania Superior Court decision found in favor of a student, against the college, in a physical assault case.
By Warnken, LLC
What do you need to know in order to get the most out of your consultation with a car accident lawyer. Being prepared for your meeting will go a long way to getting the most from your lawyer. Here are ten questions you should be prepared to answer for your attorney.
Teenagers today in the United States are driving much less than their predecessors from three to four decades ago. However, there continues to be a disproportionately high risk of death and serious injury in accidents among teen drivers.
Injured victims of crime can use civil lawsuits to seek justice, hold responsible parties accountable, prevent future crimes, and obtain the financial resources victims need to rebuild their lives.
Many fatal truck crashes in Dallas are the result of a rollover. Other vehicles involved in truck rollover accidents are just no match for the sheer size and weight of a semi that’s rolled over and may swing across the roadway. Many truck rollovers are actually preventable. Read on for an overview of possible causes of rollovers.
Zoloft antidepressant drug should be carefully considered by pregnant woman, because of increased risks of birth defects.
Small Claims Court may be your only option when trying to recover damages from a motorcycle accident.
The da Vinci surgical robot has been marketed as a breakthrough in making surgery more efficient and less invasive. The da Vinci robot has a sophisticated 3D view camera and four remote control arms, enabling surgeons to perform operations such as hysterectomies and prostatectomies through smaller incisions but with better visibility and precision. The da Vinci robot is currently used in about 1,000 hospitals and hundreds of medical offices across the United States.
The recent U.S. District Court (Western District of Washington) case of Michael Mechling, et al. v. Holland America Line, Inc., highlights two key factors in determining legal remedies for survivors of nonseafaring individuals who suffer fatal injuries at sea.
Texting people is extremely common. Now, one might just be liable, if you do so to someone who is driving, and causes an accident. An Appellate Court decision which has thrown principles in disarray.
Respondeat superior is a legal term that describes the responsibility of an employer for the actions of his/her employees. It's important to understand how this may affect a personal injury claim.
Injuries that occur as a result of someone else's careless or reckless actions may lead to a personal injury claim. It's important to understand the elements that apply to this type of case: duty of care; failure to exercise reasonable care (negligence); causation; and the presence of damages.
Pennsylvania has been rated satisfactory in nursing home care grades. If your loved one was abused or neglected in a nursing home, contact an attorney.
Tracy Morgan's Injury After Being Hit by a Semi, Brings Trucking Regulations Back into the National Spotlight
NTSB statistics show more than 104,000 injuries and nearly 4000 deaths in 2012 from accidents involving large commercial trucks, but it takes the severe injury of a well known comedian to get the subject of commercial trucking safety back in lawmaker discussions.
Drowsing driving can be as dangerous as drunk driving. Operating a vehicle while fatigued causes countless accidents each year - and you could obtain compensation if you were injured by a drowsy driver.
Each year millions of workers are injured in on-the-job accidents. While many of those injured workers will be able to return to their existing job after a period of recovery, some injured workers are injured to an extent that they are unable to return to their pre-injury job. In these situations, the injured worker may be able to receive vocational rehabilitation benefits under the applicable state workers’ compensation program in order to help him or her obtain a new job.
Healthcare is the fastest-growing sector of the U.S. economy, according to the U.S. Centers for Disease Control and Prevention (CDC), employing over 18 million workers – the majority of which (80%) are women. Healthcare workers – including doctors, nurses, lab technicians, pharmacists, and a number of other professionals – are exposed to a wide range of occupational hazards.
Drivers encounter many distractions behind the wheel. This may include using a cell phone, daydreaming and eating. But passengers can sometimes be the most distracting. Consider the following ways to make riding with a passenger safer.
My Rhode Island personal injury law firm recently looked into a case in which the Bridgeport, Connecticut Police Department settled a lawsuit alleging severe brutality during arrest.
Social Security disability benefits can be paid to people who have recently worked and paid Social Security taxes and are unable to work because of a serious medical condition that is expected to last at least a year or result in death. The fact that a person is a recent parolee or is unemployed does not qualify as a disability.
A driver was seriously injured in a Riverside County car accident, which officials say, involved a suspected drunk driver. According to a news report in The Press-Enterprise, the major injury collision occurred on the Highway 74 at Trellis Lane.
After an accident, many people assume that the insurance policy that covers the at-fault driver will be responsible for covering medical expenses. However, this is not always the case, especially when the state uses a no-fault system. New Jersey is one such state that uses this system.
Construction workers are especially vulnerable to work-related injuries. According to OSHA, nearly 6.5 million people work at approximately 252,000 construction sites across the nation on any given day, and the fatal injury rate for the construction industry is higher than the national average for all industries.
Although Texas does not have any state-wide texting and driving laws banning the practice, the Federal Motor Carrier Safety Administration (FMCSA) has a federal ban on this dangerous act for truck drivers. Drivers who take their eyes off the road greatly increase risk of an accident. Knowing this, the FMCSA published new rules in October 2010 banning all truck drivers from texting while driving their commercial motor vehicles, regardless of the state within which they are traveling.
Motorcycle accidents are obviously one of the most dangerous types of traffic accidents because of the precarious position of the rider, who lacks the protective cage of a vehicle. Riders might suffer long-lasting injuries as a result of a crash, such as paralysis.
Here in Rhode Island and Southern Massachusetts, it is motorcycle season and this causes a spike in bike accidents resulting in personal injuries. Here, we review D’Antuono v. Clarendon Nat’l Ins. Co., 620 A.2d 96 (R.I. 1993), a Rhode Island Supreme Court law decision involving a motorcycle accident with personal injuries.
We discuss the possibilities and ramifications of a child bringing up a parent's wrongful death suit. One of the main questions posed is the possibility that adult children can win in wrongful death lawsuits? They are harder but they are possible. There are different options and different routes to take when considering a parent's wrongful death suit.
If you were injured in a personal injury accident, you are probably swimming in a sea of questions. What do I do next? Should I file a legal claim? Can I recover compensation? The first step in getting those questions answered – and possibly recovering money damages – is to meet with a personal injury lawyer.
A variety of factors contribute to truck accidents. Some stem from negligence of a driver (the trucker or another driver), such as speeding or fatigue. Others are the result of faulty or defective equipment, such as tires or brakes. Improper loading is another cause; for instance, cargo that’s unbalanced or not secured.
Be absolutely free from the driving rules - is the most popular "law" in the Egypt for car holders. There are probably only women drive carefully but that fact doesn't decrease the count of accidents with people on the streets. Car accident may happen with anyone in any country. Here an a real example of financial fraud according to the car troubles.
Injured employees, including those with hearing loss, are entitled to benefits under workers' compensation.
Medical malpractice and personal injury attorneys practicing in Rhode Island should be aware of a recent state Supreme Court decision that is helpful for our state’s consumers.
According to a new study, the five leading causes of death in the United States are heart disease, cancer, chronic lower respiratory diseases, stroke, and unintentional injuries. On each of those causes of death, the study found that 20 percent to 40 percent could have been prevented.