Personal Injury Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Personal Injury.
Although federal courts and many state courts only require that a process server be 18 years of age or older and a non-party, most process servers are representatives of private service of process businesses or certain law enforcement officers. For federal cases, a marshal may be used. In state cases, a sheriff’s department officer may be used.
Pedestrian accidents, both with fatalities and injuries are on the rise in the Coachella Valley and officials are concerned. There has been a rash of hit and run accidents all over California this year and the Coachella Valley has not been immune. But it is the total number of pedestrian accidents, hit and run and otherwise that is causing city leaders to consider what can be done to prevent further death and injury to the desert’s residents.
On September 16, 2014, California’s new bike law went into effect requiring motorists to give bicyclists three feet of distance when passing a bike rider. Since the law passed, bicycle collisions continue to occur. Motorists are likely to be cited for breaking the three feet law only if a deputy witnesses the accident. With the initial publicity of the law fading, many drivers remain unaware of the law. And bicyclists will need to continue to look out for drivers coming too close.
Starting Jan. 1, Rhode Island judges and magistrates will have the authority to prohibit drivers convicted of operating a vehicle under the influence, or those who refused a chemical test, from driving a vehicle without an ignition interlock system. According to a news report in The Providence Journal, the new law requiring an ignition interlock device for those with prior DUIs goes into effect on New Year's Day.
A genetic mutation that increases the odds of developing mesothelioma has now been identified as the same mutation that leads to an increase in survival time.
When you are in a rental car accident, you may be just as eligible for compensation for your losses as if you were in an accident while driving your personal vehicle. You might be eligible for damages even if you did not purchase rental car insurance.
Despite safety technology that could prevent many of the most serious table saw injuries, the manufacturers of these tools have failed to equip them with their products. Table saw users who suffered amputations, lacerations, avulsions, or other injuries may be eligible to file a lawsuit against the table saw manufacturer and receive compensation.
Rhode Island has been awarded nearly $341,000 in federal funding for traffic and vehicle safety programs. According to an Associated Press news report, the funding comes from the U.S. National Highway Traffic Safety Administration (NHTSA) to the Rhode Island Department of Transportation (RIDOT).
The stretch of Hwy 74 that runs from Palm Desert toward Mountain Center and then toward Idyllwild as Hwy 243, is a scenic paradise with views of both the desert floor and the pine trees and firs that greet you as you get closer to the Mountain Village of Idyllwild. Known as the Palms to Pines Highway, it is a magnet for motorcycle riders who love the challenge presented by the curves in the road that take them in both directions. It’s also a death trap for the unwary or inexperienced rider.
Hwy 86 runs from Interstate 10 to Calexico. It passes through Indio, Thermal, Brawley and El Centro. Once known as “The Killer Highway,” stoplights were installed at some intersections to prevent broadside collisions. Anyone who’s driven the highway, knows it’s still dangerous because of the cross traffic. Now, once again, the highway is taking its toll.
Under West Virginia’s dog bite laws, a dog owner is liable for the bite if the animal was loose at the time of the incident. These strict liability laws mean the dog bite victim doesn't need to prove the dog owner was aware of any previous incidences of biting or even knew the dog would bite a person. But the law does allow dog owners to mount some common defenses against a dog bite lawsuit.
Drivers can reduce their risk of wintertime car accidents by preparing their vehicles for winter driving and adjusting their driving techniques.
The truck speed limit on the I-10 through the Coachella Valley is 55 mph. Most truckers drive through the valley at faster speeds. It would be easy to blame all of the big rig crashes and tractor-trailer rollovers in the Coachella Valley on speed, but there are too many other factors, including the negligence of others. With trucks that can weigh as much as 80,000 pounds, the passengers in cars and pickups they hit have a lesser chance to survive.
When it comes to American football or hockey, there is nothing more thrilling than the sound of two athletes smashing into each other. They put their bodies through unbelievable abuse for the entertainment of the crowd and a sizable paycheck. But what about the rest of us? What happens if a child is injured in a recreational league game, a college student at intramural sports, or adults during a social game? Could that injury form the basis of a lawsuit?
Most of us have probably heard or been told that anything we tell our doctor is confidential. While this may be reassuring, it may have left you wondering why it was true and what the reason for that confidentiality was? How far does it extend? Would it hold up in court?
The families of hit and run victims in Cathedral City and their attorneys just want answers. How can a bicyclist be hit by a hit and run vehicle, then a second pedestrian be hit by the same vehicle just moments later, then hit a second time by a paramedics vehicle transporting the first victim, and then hit yet by yet a third hit and run vehicle? These deaths in October 2014 would be just two in a string of recent hit and run wrongful deaths in the Coachella Valley.
It’s that time of year, Christmas, that dangerous time in California for drivers and pedestrians which accident attorneys and insurance adjusters know all too well. It’s Christmas. People in cars and pedestrians alike are distracted. They’re shopping, and coming from Christmas parties. Some are unfamiliar with the roads. Others forget what to do when it starts to rain.
Few areas of legal practice are as crowded as the personal injury field. In most jurisdictions, billboards, website banner ads, television commercials, radio spots, yellow pages and magazine ads, and other forms of advertising permeate our consciousness with pitches for different personal injury attorneys. With so many choices and so much information, how does one choose the best personal injury attorney?
During the winter months, the risk of being involved in a car accident increases. According to the Federal Highway Administration, approximately 23 percent of the car accidents that occur each year are caused partially or entirely by poor weather conditions. During the 2009-2010 winter season, Illinois was one of the top 10 states for weather-related traffic fatalities.
It’s time to give personal injury lawyers a tort that can improve the lives of people at Christmas. How long are family members going to suffer at Christmas after being served dishes that should have stayed in the 50's, for lies told to them by their parents, and for Christmas traditions they never agreed to take part in, without being able to obtain some type of relief for the distress, the stomach pain and heartburn they’ve endured? Well no more. It’s time for the Christmas Tort.
Over the last few years, we have become increasingly aware of the dangers of concussions as several professional athletes have experienced severe emotional problems related to their traumatic brain injuries. Unfortunately, concussions are not just limited to top professional athletes. So what can you do if you or your child suffers a concussion?
Twentynine Palms Marine Accidents and Fatalities on CA Hwy 62, The Killer Highway - A Personal Injury Tragedy
At least 182 people have died on CA Hwy 62 since 2002. More than 90 lives have been lost since 2007. The risks of dying on Hwy 62 make this highway a dangerous road to travel and the stretch of Hwy 62 from 29 Palms to Palm Springs one of the most dangerous stretches of highway in California. Marines from the Twentynine Palms Marine Corps Air Ground Combat Center and personal injury attorneys who represent grieving families know all too well what is known as “The Killer Highway.”
To sue or not to sue is indeed a pretty good question. The lawsuit can be underway at the time of the ADR; or, the success or failure of the ADR can determine whether a lawsuit is even necessary.
Individuals who have developed mesothelioma cancer, asbestosis, lung cancer, or other diseases linked to asbestos exposure may be eligible to file a lawsuit and receive compensation for the injuries and the cost of medical care.
Illinois joined the growing group of states to allow the use of medical marijuana.
Every year, millions of Americans use the services of psychics, mediums, palmists, and others who claim supernatural abilities. While most see such activities as entertainment and not to be taken too seriously, there are many who believe it wholeheartedly and, as a result, often find themselves out thousands of dollars before they realize they have been had. This leads many to wonder whether there are any laws that regulate psychics.
Explaining the process of representing oneself in a criminal case, and outlining the risks involved with doing so.
Kids will be kids, or so the saying goes. As such, children often roughhouse and get into small fights in the schoolyard. Most parents, teachers, and administrators, while not pleased by such conduct, know that it is an inevitable part of life in the school system and for many, a rite of passage for the children involved. But legally, when does it go from a simple schoolyard brawl punished by detentions or suspensions to a battery that could be punished by jail or a civil lawsuit?
Medical malpractice is a national crisis, killing more than 200,000 people each year by some estimates.
Automobiles are safer today than they ever have been. Airbags, seat belts, crumple zones, computers that monitor road and vehicle conditions, and many other features help to keep drivers and passengers out of accidents all together, or protect health and safety if one does occur. But sometimes those systems are improperly manufactured or installed. Sometimes after-market additions interfere with their proper function.
An attractive nuisance is a dangerous condition on a person’s property that attracts children onto the property and puts their safety in danger. Landowners who have an attractive nuisance on their property are held to a higher duty to protect children. If an attractive nuisance is found to have injured a child on the landowner’s property, the landowner may be required to pay for the damages that resulted, even if the child was technically trespassing.
As an employer, one is often subject to a lot of liability and often from unexpected sources. Not only are there concerns about meeting payroll and keeping your business afloat, an employer must also ensure that all of its employees are properly qualified before hiring and adequately trained and supervised once employed. Otherwise, an employer could find itself liable to a third party for negligent hiring and retention. But what is negligent hiring and retention?
Ever had second thoughts about loaning your car to someone, or wondered what kind of liability you could face if they got in an accident? If so, and probably without realizing it, you may have been worrying about the idea of negligent entrustment.
Winter driving can be extremely difficult, especially here in Rhode Island. Our proximity to the ocean constantly opens up the possibility of huge storms, blizzards and nor'easters. This closeness also influences frequent temperature changes with many freeze-thaw cycles throughout the winter months. Such a weather pattern makes roads slippery and riddled with potholes, contributing to more treacherous conditions for drivers.
Car accidents are generally scary and stressful situations to find yourself in, no matter how major or minor they might be. However, when you also have to worry about recouping costs for medical bills, lost wages, property damage and anything else you owe as a result, it makes the hardship much more difficult to manage on your own. That’s where the knowledge and assistance of an experienced car accident lawyer really comes in handy.
Every year, hundreds of thousands of people are injured while using a power tool. Many of these injuries are self-inflicted and the result of inexperience or recklessness. Still, others are the result of a defectively designed or manufactured product. So, what should you do if you fall into the second category and have been injured by a faulty power tool?
Whenever cold weather approaches, there is an increase in the number of people who leave their cars running unattended in an effort to warm them up before driving anywhere. While this might be good for the engine and make for a toasty commute, it may not always be legal.
Everyday, millions of women have various services performed at beauty salons. Hair cuts, dying, threading, manicures and pedicures, massages, and a host of other services are now available. While one rarely thinks about it, though, beauty salons are actually very dangerous environments. So what should you do if you are injured at the beauty salon?
It is an ugly reality, but it is known to happen: petty people misusing the very serious charge of rape as a way to gain an upper hand, get revenge, or otherwise harm another person. The results of such a false accusation can be devastating, even if the person wrongfully accused is ultimately acquitted. So, what can the innocent person do in such a case? What are the consequences to the false accuser?
When moving your loved one into a nursing home, you want the best. Except, that info isn't readily available to the public.
If a person is injured on the private property that belongs to another, he or she may be able to sue for the damages that he or she sustained. The ability to recover will depend on state laws regarding premises liability and the relative duty of the host and guest.
Being in any accident can be a nightmare, but when you are the driver of a vehicle that collided with another from the rear, it can be particularly troubling. Conventional wisdom will usually tell you that the driver in the back is always at fault, and in most instances this will be true, but not all.
The time following a vehicle accident may be quite confusing. Disoriented from pain and unfamiliar legal processes, many accident victims find themselves more susceptible to influence by people or organizations they think they can trust. Unfortunately, insurance companies often take advantage of this condition in order to avoid paying victims everything to which they are entitled.
Contracts talk about them, statutes mention them, even TV sitcoms joke about them, but what are acts of God? Many people might think they have a good idea, but given that insurance is often designed to protect against most catastrophes except acts of God, how confident are you that you actually know what is covered?
An uninsured motorist is a driver who does not have a valid auto insurance policy. Under Rhode Island law, it is illegal to operate a vehicle without auto insurance.
We all want the best for our loved ones. Most of us would give anything to give back to our parents in their old age what they have given to us growing up. Unfortunately, some families have members that do not respect the relationship with their elders, and may take advantage of them in a vulnerable condition.
With the rise of social networking, many have lost some of their concerns about personal privacy. Indeed, millions of Americans share the intimate details of their lives with an audience of dozens to thousands to sometimes even millions of people everyday, and think nothing of it. But what happens when someone begins to use this information against you? Are they violating any laws by following you online or bothering you on the Internet?
Thousands of consumer products are recalled due to safety concerns every year. Every year, hundreds and even thousands of consumer products are recalled due to safety concerns. These products fall under a wide variety of categories, from automotive parts and products to kitchen goods, household accessories, pet toys and products, and children's products.
Suffering a personal injury can be scary, but it is always important to try and keep calm. The steps you take following a personal injury can affect the amount of compensation that you will get after filling a personal injury claim.
Recently, a report released by Allstate Insurance listed the city of Providence, Rhode Island, as the fifth worst city in the United States when it comes to the worst drivers.
Due to the more prevalent nature of laws against drunk driving, many states have enacted laws that allow a personal injury victim to recover from the person who provided alcohol to an impaired driver. However, there may be exceptions regarding who can be made liable.
When people go to an amusement park, they plan on spending time and having fun with friends and family. They do not plan on getting injured. However, the Consumer Product Safety Commission reported that the rate of amusement park injuries more than doubled in the mid-1990s. However, some states have enacted special laws that almost completely insulate parks from liability.
Imagine this: you go to the car dealership, financial information in hand, ready to buy a car. A few weeks later you discover that someone has stolen your identity. Based on the information stolen, you realize that it was taken from the car dealership. Maybe you get some of the damage undone, maybe not. Aside from the actual thief, who you may never be able to identify, can anyone else be held responsible?
The vast majority of motorcycle accidents involve collisions with other vehicles. Motorcycle accidents are the most dangerous because they involve a much higher risk of serious injuries or fatalities. Head-on motorcycle-car accidents often result in fatal injury to the motorcyclist. Often, those accidents are caused because of a motorist's failure to notice a motorcyclist, yield to a motorcyclist and other forms of negligence.
Insurance companies often deny personal injury claims with excuses that include denying fault, denying the extent of the injury, and denying causation.
As medical technology makes it possible for Americans to live longer lives every year, more and more individuals and their families turn to long-term care facilities to provide assisted living and on-site medical care during their later decades. These long-term care facilities are frequently known as nursing homes and can house disabled and injured individuals alongside the elderly.
The story of Manti Te’o caught the attention of millions around the world as the professional football player’s story of his girlfriend, her death and the ultimate discovery of the falsity of it all. Similar stories that popped up in the media and in the life of the leading character in the MTV show of the same name have also brought this new phenomenon to the forefront of the public.
Every year, millions of Americans buy a range of diet and exercise products. After obesity became one of the most prominent health concerns in the United States, the market for these products exploded. Unfortunately, each year a number of these products is discovered to have a harmful effect on the health of the person using them. So what do you do when you find out that your diet pills are hurting your health?
Wrong-way auto accidents are some of the most serious types of collisions that occur on Rhode Island's highways. Seeing a vehicle traveling the wrong way and hurtling toward oncoming traffic at a high rate of speed can be terrifying. According to the U.S. National Highway Traffic Safety Administration (NHTSA), wrong-way accidents on divided highways are far more likely to result in deadly or serious injuries than any other type of car accidents.
Many nursing home chains in California have been shown to underperform when it comes to quality-of-care, staffing, and inspection measures.
People who are injured as a result of medical negligence are entitled to seek compensation through a lawsuit. However, in the vast majority of medical malpractice cases, a lawsuit is never filed. In fact, in the case of misdiagnosis – one of the most common types of medical errors – the patient may not be aware that a mistake occurred, and the error itself may go unreported.
Automotive accidents are a leading cause of brain injuries in the United States. However, many individuals do not realize when they have suffered a brain injury after an accident. This can potentially make the injury more serious.
For many, it can be a nightmare scenario: driving safely and minding their own business when another vehicle hits them, causes damage and possibly injuries, then flees the scene. What do you do? Who will pay for the damage?
It would be a truth universally acknowledged among sensible people that the sharing of information on best practice, and the identification of meaningful trends gleaned from data, can only be a bonus for all organisations regardless of operation - and none more so than the NHS.
Losing a loved one is never easy, especially when the loss could have been avoided. Often in cases of medical malpractice, those who are left behind after a loved one's passing wonder why the doctor is not going to jail for murder. Is it possible for one to charge a doctor with murder when their treatment of a patient was so poor as to result in death?
Anyone who has grown up near a park, nature preserve, or in a rural setting probably came across a wild animal that he or she wished to adopt. Whether it was a baby duckling, a squirrel, a raccoon, or even a bear cub, there are laws affecting raising wild animals.
I recently spoke to a friend, who is a personal trainer, about diet and exercise. Her advice, while well-intentioned, was wildly off-base from a scientific standpoint. This got me to wondering, what if I had taken her advice to heart and suffered a loss? Would the consequences of choices I made about diet and exercise be mine alone or would she have some liability for her inaccurate assertions?
Whenever someone dies it is normal for the survivors to want to find an explanation and a person to blame. Unfortunately, in some cases, nobody is to blame, and it was just that person's time. But, in other cases, when the death could have been avoided and someone else was in a position to prevent it, a wrongful death may have occurred.
Even though Xarelto is a new drug on the market, the negative side effects have grown greater than those from Pradaxa. Both of these drugs have experienced bleeding issues with consumers because they are anticoagulants. The only difference between the legalities of the two drugs is that a lot of Pradaxa's cases have been settled while Xarelto's cases are just getting started and are unfortunately, firing up.
All too often stories appear on the news of children in trouble with the law. Some bring guns or knives to school, others are shoplifting or stealing cars, and of course, there are always the ones who get into fights. Often, public outcry demands that something be done against the parents as well as the child. So, who is responsible when a child breaks the law?
The Rhode Island Supreme Court held that a 17-year old trespasser on boarded up property who received sulfuric acid burns could not recover against the landowner under the attractive nuisance doctrine, because he appreciated the risk of his reckless actions. Burton v. Rhode Island, 80 A.3d 856 (R.I. 2013).
Whenever one engages in sports, there is always an inherent risk of injury. Most athletes accept this risk as part of the game. Most injuries are accidental and relatively minor, like sprains, twists, and the occasional bone break. But what happens if an injury occurs as a result of a deliberate hit or someone acts so recklessly that injury is almost certain to occur?
Recently, a whistleblower failure-of-care claim was settled against a nursing home chain for $38 million. Even nursing home abuse can be stopped with whistleblowing.
Any car accident can be scary, embarrassing, and financially draining. But, those sensations can be greatly enhanced when the accident involves only one vehicle. Obviously, factors like road conditions, hidden obstacles, and weather conditions can adversely affect one's ability to control a vehicle and can result in an accident. So who will be liable?
Imitation may be the sincerest form of flattery, but when it comes to stealing someone's product design it may be the basis for both civil and criminal liability.
Food fraud is the deliberate mislabeling of food products for financial gain with the intent of deceiving the consumer regarding what is actually in the package. The United States Pharmacopeial Convection (USP) reports that these acts of fraud have increased by 60 percent over the last year alone.
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?