Recent Posts in Liability Category

  • How is a Pedestrian Hit by a Car Compensated for Injuries?

    When you are injured in an accident and another party was negligent, you will typically be able to file for compensation. However, what happens if you were an unfortunate pedestrian who was hit by a negligent driver? What compensation can you receive for your injuries? There are many different situations that you may experience when you are involved in a pedestrian-driver incident. However, you ...
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  • Making an Insurance Claim for Uninsured Driver-Involved Accidents

    When drivers use the roadways without insurance, they put others at immediate risk. Yes, there are always careful drivers as well as reckless drivers. However, driving without insurance means that you could become involved in an accident at any time and risk the other driver having to pay for their own damages. This is why there are penalties for those who drive without insurance, such as having ...
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  • Traffic Accident FAQ

    Were you involved in a traffic accident and wonder where you should turn next? Or are you just interested in understanding the general questions surrounding what actions you should take if such a thing were to ever happen to you? Read on for a list of some of the most important questions you should ask yourself and answers that will guide you through the process of what happens regarding a traffic ...
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  • What if a Pharmaceutical Drug I Took Causes Negative Side Effects?

    Pharmaceutical drugs that pose the risk of dangerous side effects tend to fall under the product liability category. But how does one know if the drug can really be seen as ‘dangerous’? Side effects can be unreasonably dangerous to certain degrees when a manufacturer, pharmacy, or even a doctor does not warn the patient of the side effects that may follow. Many drugs, however, are known to carry ...
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  • Are Damages Limited or Capped in Medical Malpractice Cases?

    State statutes may determine whether or not your damages will be limited or capped when it applies to medical malpractice cases. What is a cap? Some states will place a limit, also known as a cap, on the amount of money that an injured plaintiff will be able to receive. This applies even in cases where their medical malpractice case is successful and a jury has found that a health care ...
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  • Workplace Injury: When You Can Sue Outside of Workers' Compensation

    What happens when you end up with an injury that occurred in the workplace? You may have been misinformed that the only compensation you’ll be able to receive will come from your employer’s workers’ compensation insurance. You may also be able to sue for damages, however. If a defective product was the cause of the injury, you may have a products liability action. You may be able to bring action ...
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  • What Are the Different Kinds of Defective Product Liability Claims?

    Defective product claims come into play when you have been injured or suffered other damages as a result of a product you have used. This could have been due to the product manufacture, a defective design, or failure to provide adequate warnings or instructions concerning the proper usage of the product. All of these will be explained in-depth below. Defectively Manufactured Products The most ...
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  • Premises Liability: What is it and What Legal Concepts Apply?

    Let’s say that somebody wanders onto a property and is injured in an accident that occurs there. When a person enters onto somebody else’s property, that person has a reasonable expectation to not get injured there. This means that property owners have a standard duty of care that they owe and are responsible for maintaining a relatively safe environment. Premises liability is the theory that ...
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  • I Was Injured At Work, But What Are My Legal Rights?

    Every year, many Americans are injured on the joband wonder how they can protect their legal rights. The best way to protect legal rights of any kind is to report the injury to your employer. There is usually a certain amount of time in which the injury must be reported, such as within a few days of the incident, or as soon as possible. This all depends on the circumstance of the event. Once a ...
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  • What is a Defective Product Liability Claim?

    In some cases, people will use a product and become injured or suffer other damages. In these cases, they will have a defective product liability claim. The claims will typically fall into these categories: defective manufacture, defective design, or failure to provide adequate warnings or instructions concerning the proper use of the product. Defectively Manufactured Products When a defectively ...
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  • How Long Do I Have to File a Defective Product Liability Claim?

    If you have been injured by a defective product, then you might have a lawsuit. However, you may find that there is a certain amount of time that you must work within to file your claim, known as the “statute of limitations.” Every state has these laws, which apply specifically to the claims, but the actual amount of time you have to file the suit will vary from state to state. If you fail to file ...
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  • Does My Homeowners' Insurance Cover Accidents That Occur Off My Property?

    What Does Homeowner’s Insurance Do? If you accidentally injure someone or damage their property, you may owe somebody a lot of money in damages. Home equity may look like money signs to some people, and attorneys are well versed in this. To help protect you, homeowner’s policies will usually provide coverage for accidents that happen on your property or those that occur away from home. Only ...
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  • What are Intentional Torts?

    Many civil lawsuits involve torts, but what are they? They are an act that is committed by one party and causes harm to another party; this harm can be in the form of a physical injury, damage to property, or even damage to reputation. Most torts happen because of negligence, which is a careless act done to someone that may cause harm. However, you may be wondering, what is an intentional tort? ...
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  • Construction Worker Injuries and Your Legal Options

    Every year, construction workers are being injured on the job – let’s face it, they have an inherently dangerous profession. However, accepting that risk isn’t something that they need to do, because the risk of injury should be a preventable one. When a worker is injured on the job, they will almost always have some form of legal relief to help them recover from their injuries. There may be three ...
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  • Nursing Home Abuse Statistics and Data

    According to the Centers for Disease Control and Prevention (CDC), have estimated that nearly two million people age 65 or older are currently residents of a nursing home. There are over 16,000 operating in the U.S. However, the number of elderly people living in nursing homes is only going to increase as time goes on. Many have come to the unfortunate realization that these elderly people may not ...
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  • What Must I Prove in Order to Win My Defective Product Liability Lawsuit?

    Every year in the United States, products are being deemed dangerous due to defects and other reasons. Many people may want to grasp a better understanding of product liability law, which are the legal rules concerning who is responsible for defective or dangerous products. This is different from the laws stemming from ordinary injuries, and having product liability laws in place makes it easier ...
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  • "Medical Standard of Care" in a Malpractice Case

    What do most medical malpractice cases depend upon? They will fall on whether or not a health care professional was negligent in treating or failing to treat a patient. Medical negligence is always measured by the medical standard of care that was applied in the treatment setting in which the patient was harmed. In a malpractice lawsuit, the standard of care is always something that comes into ...
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  • Accidents on Dangerous or Defective Property

    Premises Liability accidents refer to ones that are caused by defective or dangerous property that happen either inside or outside a building. These accidents occur anywhere from commercial buildings and residences like private homes to public property like parks and streets. These properties can be dangerous for many reasons, including faulty design, bad construction, or having dangerous clutter ...
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  • Elder Abuse and Nursing Home Injuries

    Under the Department of Health and Human Services, there is a division known as The Administration on Aging. They have cleverly named a definition of elder abuse as “any knowing, intentional, or negligent act by a caregiver or any other person that causes a serious risk of harm to a vulnerable adult.” As you may know, the elderly are vulnerably when they have become dependent on care from a ...
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  • Asbestos Exposure and Mesothelioma Risks on the Job

    To understand the risks, one must first understand what Asbestos is and what it does. Asbestos is actually a commercial name, meaning that it isn’t a mineralogical definition. It refers to six naturally occurring minerals that possess high tensile strength, flexibility, resistance to chemical and thermal degradation, and electrical resistance. For decades, these minerals have been used in ...
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  • What to do When You Get Hurt on the Job

    Filling Out a Claim Form and Receiving Medical Care The first step after you are hurt, of course, is to report your injury or illness to your employer. However, what happens after these initial steps are taken? You should first fill out a claim form, which is also known as a Workers’ Compensation Claim Form (DWC 1). This needs to be given to you within one working day after you report your injury ...
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  • The Basics of Workers' Compensation

    If you have become injured or ill on the job, then you may wonder how you can compensate for the damages done. In most cases, workers’ compensation will be your best option. This type of beneficial insurance carried by your employer is required by law and will cover most injuries. To receive workers’ compensation, you may first have to check some eligibility requirements. They go as follows: The ...
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  • Patient Safety Risks for Emergency Medicine

    What is emergency medicine? It focuses on the immediate decision-making and action necessary to prevent people from disability or even fatalities in an emergency setting and department. A physician working in this type of medicine is able to evaluate and care for a patient on a whole different level of care! Emergency medicine takes place in a fast-paced environment and requires a broad base of ...
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  • Product Liability Claims Involving Pharmaceutical Drugs

    When do you have a defective products claim? If you have been injured by a defective pharmaceutical drug, this may be reason to file a claim and receive the compensation you deserve for all that you lost. Prescribed drugs are supposed to be beneficial to those that use them, and when they work against those benefits and instead cause harm, a patient may be able to sue. Defective products could end ...
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  • Good Samaritan Law: California Health and Safety Code

    In the face of danger and injury, what do you do to help another person? If a physician pulls over at the scene of an accident and finds someone in need, what can they do to deliver health care? What happens if the person involved in the accident doesn’t survive after care is delivered? These are all things to consider dealing with California’s Good Samaritan Law. Good Samaritan Laws protect the ...
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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 ...