Blog Posts in September, 2014

  • Airplane Turbulence and In-flight Injuries

    Injuries acquired from in-flight from airplanes crashes are rare, though they do occur. Airline passengers who suffer minor or severe injury from turbulence, slip and falls, or baggage falling from overhead storage may be entitled to compensation from the airline, the airline employees, aircraft manufacturers, or possibly from the Federal Aviation Administration. Many are unaware that a large ...
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  • Spinal Cord Injuries

    The impact of spinal cord injuries can be severe, physically and financially. If you or a member of your family suffered a spinal cord injury, you may be able to file a lawsuit and receive damages for your injury. Spinal cord injury occurs when a person experiences damage to the spinal cord, which is the bundle of nerves located in the spinal column that relays messages between the body and your ...
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  • What is False Imprisonment?

    False imprisonment can be defined as the act of restricting another person’s freedom of movement. False imprisonment is classified as an intentional tort, which is a wrongful and purposeful act that causes harm to another. This type of tort is often correlated with false arrest , another intentional tort that involves restricting another individual’s freedom of movement. A tort is any wrongful act ...
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  • What Damages are Available in a Wrongful Death Case?

    A wrongful death case is a civil action brought by the survivors of a person who died due to the negligence or intentional actions of another party. Usually, a wrongful death lawsuit is filed by a close family member of the deceased or a representative of the deceased’s estate. If a wrongful death lawsuit is successful, there are different categories of damages available. The compensation ...
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  • Proving a Defective Liability Claim

    You may have a defective product liability claim if you have been injured from a product you used, including a defective car, SUV, truck, motorcycle, ATV, or any motor vehicle with a defective part. Commonly, product liability claims involving defective cars involve: Cars sold with tires that are prone to blowouts Motorcycles that become unstable when driven at high speeds SUVs and ATVs that are ...
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  • What is Negligent Supervision?

    During a typical school week, a child usually spends more time at school than they do at home. Parents must rely on the school’s supervision to provide a safe experience for their children. Parents have the right to expect that their children will receive adequate supervision at school and at day care facilities, which means that schools and day care facilities have a legal obligation to make ...
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  • Assault and Battery as Personal Injury Claims

    Assault and battery are intentional torts which can serve as grounds for a personal injury lawsuit. Often, personal injury lawsuits are filed over accidents which cause injury, but in cases of assault and battery, the injury was caused intentionally. The victim of assault and battery can file a personal injury claim and seek damages for the incident. Assault is most often defined as an intentional ...
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  • Injury Caused by Security Guards or Bouncers

    Security guards and bouncers have a very specific duty; to protect patrons at the bar or nightclub from unruly guests, to prevent crimes, and to control or eject rowdy guests without causing them injury. If a bouncer or security guard causes an injury , it can result in a very complicated lawsuit. Security guards and bouncers are required, like anyone else, to act with reasonable care when ...
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  • Food Poisoning Lawsuits

    Depending on many factors surrounding your illness, you may be able to sue if you get food poisoning. Your case depends on many variables, such as time delays between eating the food and our illness, or if the food came from a government health agency, and others. There are a few legal theories you should be familiar with, under which food poisoning lawsuits usually fall. Strict product liability ...
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  • If You Get Ill on a Cruise Ship, Can You Sue?

    If you get ill on a cruise line, you may be able to sue the cruise line for your medical expenses. Much like other personal injury lawsuits, your case depends on the cruise ship’s liability . The cruise ship may be liable if one of the employees was somehow negligent, and if that negligence was the cause of your illness. Negligence occurs when someone violates their duty to provide reasonable care ...
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  • Brain Injury Basics

    According to the Centers for Disease Control and Prevention (CDC), 1.4 million Americans suffer a brain injury each year. There can be several types of brain injury, some of which are difficult to detect. Some mid-brain injuries can be misdiagnosed or not diagnosed at all. Below are common types and symptoms of brains injury, and how to proceed if you or someone you know suffers a brain injury . ...
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  • Workplace Injury: When Can You Sue Outside of Workers' Compensation?

    Many are under the impression that, if they are injured at work, there only option is to file for . However, it is important to be aware of the other options available to you when you are injured at work, since temporary disability and permanent disability payments are sometimes not substantial enough to cover things like pain and suffering. In addition, workers’ compensation may not be ...
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  • What is an Intentional Tort?

    A tort is an act which causes harm to another person. A tort is a legal term which covers a variety of actions, which are split up into subcategories. one of the ways they are split up has to do with the mental state of the person who committed the tort. When the person purposefully committed the wrongful act, then that is called an intentional tort . A tort has to cause harm to another, whether ...
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  • Product Liability claims Involving a Medical Device

    When someone is injured or suffers due to a defective product, they may have grounds for a defective product liability claim. Sometimes a person uses a medical device to help their health, but ends up suffering injury from the device. “Medical device” refers to any device used to better someone’s health, or to treat a disease, illness, injury, or disability. If any such device malfunctions or ...
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  • Proving a Defective Liability Claim

    Defective products, including injuries from home appliances, power tools, medical devices, motor vehicles and industrial equipment on the job You may have a defective product liability claim if you have been injured from a product you used. In general, product liability law requires you must prove all of the same things in every state for your case. You were injured or suffered losses. In order to ...
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  • Child Passenger Safety Week (September 14-20, 2014)

    Car crashes are one of the leading causes of death for children 1 to 13 years old. Between 2008 and 2012, over 3,390 children were killed in car crashes, and approximately 613,000 were injured. Additionally, in 2012, more than one third of children killed in car crashes were not in car seats, booster seats, or seat belts. September 14 to September 20, 2014, is Child Passenger Safety Week. The goal ...
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  • Playground Accidents and Injuries

    Learn about the different liability rules and fault scenarios that could stem from a playground accident. Each year in the United States, emergency departments treat more than 200,000 children ages 14 and younger for playground-related injuries . About 45 percent of playground-related injuries are severe, including fractures, internal injuries, concussions, dislocations, and amputations. ...
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  • Who Can File A Wrongful Death Lawsuit?

    A wrongful death lawsuit is a claim that a person’s death was caused by negligence of another party . Wrongful death claims can come from medical malpractice, car accidents, product liability cases, or any cause of death, and individuals, companies, and governmental agencies could be held liable. In personal injury claims, the injured person is the plaintiff. In wrongful death claims, the injured ...
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  • What is California's Dram Shop Law?

    Dram shop laws are laws that hold an establishment liable when a customer was served alcohol and has an alcohol related incident that results in injury or death. Under this statute , a restaurant, bar, or liquor shop cannot serve alcohol to an individual who is obviously intoxicated. 30 states have dram shop liability, and 22 of these states limit these liability cases to instances where alcohol ...
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  • The Facts About Teen Suicide

    Suicide is an important public health risk that affects every age group, even young people. According to the Centers for Disease Control and Prevention (CDC), suicide is the third leading cause of death for young people between ages 10 and 24. Suicide results in approximately 4,600 deaths each year. In addition, did you know : More youth die from suicide than from cancer, heart disease, AIDS, ...
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  • School Bus Safety Tips

    Each year, almost 140 people die in traffic accidents related to school transportation in the United States. However, school bus accidents can be easily prevented. KidsHealth.org, outlined simple ways to provide school bus safety . “As families begin to prepare for children returning to school, it’s important for parents and children to go over school bus safety tips together,” said Gardner. “This ...
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  • $13,500,000.00

    HIGH SPEED REAR END COLLISION – CATASTROPHIC BRAIN INJURY

    A car was rear-ended at high speed on a freeway exit, causing the bumper to be pushed into back seat where a 22-year- old ...

  • $6,000,000.00

    DELIVERY TRUCK ACCIDENT – AMPUTATION & BRAIN INJURY

    National package delivery truck driver veered from his lane of traffic to on-coming lane and hit head on, drove up, and over ...

  • $4,250,000.00

    MOTORCYCLIST STRUCK BY VAN—SEVERE LOWER LEG INJURY

    A school van turned left in front of a motorcyclist, nearly taking off his lower left leg. The accident resulted in a serious ...