Accident & Injury
Accident and Injury Law typically refers to “tort law" - a civil wrong where one person causes injury to another. The injury suffered by the victim can be to a person’s body, their legal rights or their reputation. Liability for causing harm to someone else revolves around whether the person causing the harm exhibited negligent conduct. Negligence means that a person causing injury did not exercise the reasonable care an ordinary person would use. Common personal injury cases include slip and fall accidents, car accidents, defamation, dangerous drugs, medical malpractice, dangerous products (product liability), premises liability, dog bites and construction injuries. The goal of injury or tort law is to try to put the injured party back into the same position they would have been in had the injury not occurred. Monetary compensation may include recovery for actual damages, future losses, reasonable medical expenses, pain and suffering, loss of wages or earnings, emotional distress, loss of consortium (companionship of a partner), property damages, legal costs and attorney fees. A related and specialized area of Injury Law is Hospital and Medical Malpractice Law, which covers acts by negligent doctors, nurses, hospital staff and employees involved in nursing home abuse.
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In this post, we will take a look at which state and federal rules and regulations are imperative in these cases, how to identify the responsible party, what the consequences are when the accident occurs on public property, and how to prove negligence of the responsible party.
What Are Slip and...
If you're on a bicycle and hit by another motor vehicle, there's no metal skeleton surrounding you to protect you. There are no air bags to cushion impact with anything, and there is no seat belt to keep you from flying through the air. The only thing that's going to stop you is the pavement...
The overwhelming majority of traffic tickets and auto accident lawsuits concern operator negligence. This means that the driver is charged with failing to use the reasonable care that an ordinary person would use in the operation of a motor vehicle. The following is a list of the most frequent...
Lawsuits involving prescription drugs, medication and medical products usually concern product liability law. In general, product manufacturers are charged with a duty of care. They must make reasonable efforts to protect the consumer from harm.
Drug Manufacturer Testing Requirements and FDA...
If someone else is in danger, do you have a legal duty to help them? The answer will depend upon details that are specific to each case. The court has rules that it applies to certain situations that govern legal duties as well as the relationship between person in need of help and the person in...
Auto accidents that happen in parking lots are a common occurrence. Collisions will usually occur at a low rate of speed although the consequences can vary. Regardless of whether your accident is a minor “fender bender” or a pedestrian being struck by a motor vehicle, the first step is to...
Motorcycle insurance is a requirement for every rider and it’s extremely important that your policy covers what you are expecting. For many riders, they only discover the limitations of their motorcycle insurance after they are involved in an accident and it comes time to determining how much...
If you are a passenger in a car involved in an auto accident, can you make a claim and recover damages against either driver? What if you were the operator of a car and the other driver was at fault? The answer to these questions depends upon the state within which you live and where the...
Senior citizens living in nursing homes require health care assistance and are more vulnerable to abuse than the average person. The elderly are less able to defend themselves because of their aging physical and mental capabilities. As a result, the Nursing Home Reform Act (part of the Omnibus...
What makes a person legally liable for causing a motorcycle accident? This article explains the standard of negligence, the times when nobody will be found liable for an accident and also provides best practices tips for motorcycle safety and avoiding legal liability.
Negligence: The Standard...
Nursing home abuse is unfortunately a growing problem for elderly and aging people. The following article provides answers to common questions regarding abuse and neglect that occurs in nursing homes and old age facilities.
What is nursing home abuse? What is nursing home neglect?
Adults who...
In many states, the use of a cell phone while operating a motor vehicle is prohibited. If you were involved in a car accident while using a cell phone, you may have liability even if you believe you were not at fault. In states where cell phone use while driving is prohibited, monetary fines and...
Road hazards are a common cause of motorcycle accidents. Liability for a motorcycle accident will depend upon the circumstances and type of hazard and determine whether you or a third party may be ultimately responsible for damages caused by the accident.
Common Hazards Motorcyclists Encounter...
Winning a car accident lawsuit is more than just hiring a good car accident lawyer - it's about knowing how to collect and preserve vital evidence to prove your case and leverage a superior settlement offer. This article will provide you with tips and best practices that will significantly...
Mold can be found almost everywhere, both inside and outside of one’s home or office building. In some cases it’s harmless but in others it can be harmful to human health. What are your options should you discover toxic mold in your home or office?
Common Types of Toxic Mold
Some of the more...
If you have serious problems with toxic mold in your home, the “no action” clause in most insurance policies may provide you with only one year to file a lawsuit from the time you discovered the mold. It is critical to properly and efficiently prepare and preserve evidence in order to obtain the...
Cases that involve accidents and personal injuries can vary greatly. Some personal injury lawsuits can be settled quickly while others might take a long time - perhaps even years until there is some type of resolution. But before you worry about your case taking longer than expected, let's talk...
This article will answer frequently asked questions about what to do if you're involved in a boating accident, how to report an accident, how liability is apportioned and the award of money damages to an injured party.
What are common causes of boating accidents?
Before deciding to go boating...
This article will provide information about state and federal boating laws, life jacket requirements, BUI or "boating under the influence" laws and how to find out more about boat laws.
Federal Law Usually Supersedes State Law
In general, federal general maritime law trumps state laws that...
Defamation is the intentional act of telling a lie about someone else that causes harm or injury to their reputation. While the terms "libel" and "slander" are often used, we'll cover the difference been the two types of defamatory statements and how they differ from false light claims. Common...