Of the injuries that can occur as the result of accidents and negligence, burns are one of the most feared, and, at the same time, least understood. Severe burns are permanent, and, depending on where the burn occurred, everyone can tell when someone has been a burn victim.
That’s why it’s important to understand that when someone is the victim of burn injuries as a result of someone’s else’s carelessness, whether it’s on the road, at work, or even out and about town, legal action is merited. Some will dispute that because burns don’t involve the loss of limbs or organs, this type of injury is “not as serious” as others, and doesn’t deserve legal compensation. But we’re here to explain exactly why this kind of thinking misses a lot of what makes a burn injury just as debilitating and life-altering as any other serious injury caused by negligence.
More Than A Scar
One of the biggest misperceptions about burn injuries is that, ultimately, they’re “not that bad.” This misconception arises from the fact that burns affect primarily the skin. Unlike a spinal cord injury, or an... read article
If you’ve been injured slipping and falling on someone else’s property, you may have a claim for premise liability. Premise liability is the legal duty property owners have to keeping people who are on their property safe. The law surrounding premise liability is pretty complicated, so you may be curious if you have a legitimate claim for your injuries. This article will cover the legalities surrounding slip and fall cases to help you understand if you have a claim.
Understanding Premises Liability
Premises liability is the legal term for a property owner’s duty to keep visitors on the property safe. If there are hazards on the property, owners are responsible for fixing those hazards or at least warning people of the hazards. A personal is in breach of their responsibility if they do not exercise reasonable care to ensure legal visitors are safe.
When You Have A Premises Liability Claim
There are a lot of factors that need to be considered when determining if you have a premises liability claim including:
● Were you legally on the property? Premises liability only applies to people who are legally on... read article
A driver does not have to directly hit your motorcycle for you to make an accident claim. If you lay your bike down, drive off the road, or crash into something or someone else to avoid an accident with another driver, that driver could be liable for your injuries and property damage. This type of accident is called a “no contact” accident. This type of accident brings up a lot of legal questions, so it is critical that you have an attorney to help you prove your claim.
What Is A “No Contact” Motorcycle Accident?
No contact motorcycle accidents are basically when another driver causes a motorcycle accident without hitting the actual motorcycle. For example, say the driver is merging into the right hand lane, but doesn’t see the motorcycle. The motorcycle rider does see the car and swerves to get out of the way. In doing so, they end up hitting the curb and falling off their bike. Even though the motorcyclist wasn’t directly hit by the other driver, they ended up getting into a wreck. In this case,... read article
If you start looking into a civil lawsuit for negligence, or you read up about these cases in the media, there is one phrase that commonly appears in arguments and that is “duty of care.” So what is it, and why is it such a common element of cases where negligence is argued to be the cause of an accident? Let’s take some time to explore this essential legal term.
A Legal Obligation
Duty of care is a catch-all term that refers to different people, in different situations having a basic, legal requirement to ensure the safe conditions in whatever place or activity they find themselves in. This means, for example, that in a school, if a teacher witnesses one student attacking another, that teacher has a duty of care to step in and stop the attack, preventing further harm to the victim.
In the confines of a shopping mall, duty of care will rest with the management and the staff of the management to maintain a safe environment for shoppers. So, for example, one day the management realizes that one of the escalators is in very poor condition. One... read article
When you’ve been injured in an accident, you will need to inform the insurance company of all your injuries and associated costs. The most common way to do this is with a demand letter. A well-written demand letter will help prove your claims and get you a fair settlement. Here is how to get started.
What Is A Demand Letter?
A demand letter is an official document that outlines your damages and how much you need to cover the costs. A demand letter provides details, evidence, and demands a lump sum amount based on the circumstances. It is the most important piece of the settlement negotiation process. When you craft your demand letter, there’s a lot you need to include.
What Should Be Included In Your Demand Letter
The standard demand letter includes the following elements:
● Accident Details: You will start by laying out the details of the accident. Explain what happened and why the other driver was at fault. You should include an outline of evidence that you will present for your claim such as police reports, witness testimony, and other legal documents.
When you’ve injured yourself falling on your rental property, you may have a case for premises liability against your landlord. Determining if your landlord is responsible can be challenging. However, with the help of a personal injury attorney, you may be able to determine if your landlord is at fault. Here are some ways to determine if it is time to speak to an attorney about your accident.
Landlords And Duty Of Care
Legally, landlords have what is known as a “duty of care.” A duty of care is the responsibility of all property owners to provide safe conditions for anyone on their property. In order to determine if your landlord is responsible for your slip and fall, you have to determine if they violated their duty of care. Proving a violation can be legally complex but it is essentially built on the concept of “reasonable care.” Reasonable care means that a reasonable person would recognize that there was a hazard and would seek to fix the damage before it caused an injury.
When Your Landlord Is At Fault For Your Injuries
There are a... read article
In the world of traffic accidents, the confrontation between a car in motion and a pedestrian is one that the pedestrian always loses. People are comparatively soft, fragile, and not very durable compared to the reinforced chassis of a car, combined with its weight and momentum when it is actively driving. But while we all know that accidents can sometimes happen between cars and people, you might be surprised as to what it is that most commonly at the heart of such incidents. Here are a few of the most common reasons pedestrian accidents with automobiles occur.
It’s a sobering statistic that 70% of the pedestrian accidents that occur at night are due to dark clothing being worn by the pedestrian, with the driver not being able to see the pedestrian in time. If, for example, a pedestrian is attempting to cross a street, but not at a crosswalk, and with dark clothing on, a driver has no reason to believe that there is a need to slow down, and the lack of bright, visible clothing to reflect off headlights may cause just enough of a delay in... read article
While not every state entertains the notions of punitive damages, Florida does. In fact, Florida had one of the highest profile cases of punitive damage ever in 2014, with the $23.6 billion dollars brought against tobacco manufacturer RJ Reynolds when a widow sued the cigarette company for the death of her chain smoking husband. More surprisingly, however, is that this widow was part of a class action lawsuit against the tobacco industry that, in 2000, successfully sued for over $145 billion before the case was eventually rejected!
While these are extremely rare occurrences, it does show that when punitive damages are added onto a lawsuit, the results can be grandiose and spectacular. But punitive damages aren’t something occur regularly, nor is this something that an attorney can go into court with strong expectations of convincing a jury. But why?
Gross Negligence Must Be Present
One of the key factors in punitive damages even being seen as a legitimate option for a court to decide on is the presence of gross negligence. In the vast majority of cases, when someone sues for personal injury, the amount being sought is strictly to compensate... read article
An injury to the spinal cord is often a life-altering experience in the worst way. Because the spinal cord itself is just a “bundle” of different nerves that carry signals to and from the brain, injuring this part of your body can permanently cripple you in a variety of ways.
It’s not too surprising that the forces of something as dramatic as a vehicular accident could cause serious injuries in the spine. In fact, automobile accidents are cited—at least in America—as the #1 cause of spinal cord injuries, or SCI in recent years. However, the #2 cause may be quite surprising. Where one can easily imagine serious back damage and SCI from being caught in a traffic collision that mangles the vehicle and the person inside, a much more common slip, trip or fall isn’t regarded as being quite as deadly.
And yet, incredibly, slips and falls actually are the #2 cause of SCI in America? But how? And why?
The Age Factor
As disturbing as it may be to consider, this #2 threat most commonly happens to older demographics, and it can happen anywhere. As people age,... read article
Premises liability is one of the more common causes for a civil lawsuit to take place. The simplest definition of premises liability is that a home or business owner has a legal duty to make sure a certain reasonable amount of safety is present in on the property. For a homeowner, this may mean not leaving a fully loaded gun sitting on a coffee table where any child can just pick it up and discharge it. For a business owner, this may mean ensuring that lights are on and functioning as intended in stairwells with no windows, so that people can safely walk up and down them.
What it can also mean is having proper signs up and about throughout a property. But how and why? We’re going to explain that now.
Signage Is Safety
There are some elements of a home, business or workplace that have inherent, unavoidable risk. When those risks are present, property owners must take the appropriate measures to warn people about them. If the public inadvertently get harmed as a result of not knowing a hazard is present, then it is the property... read article
America is a nation that celebrates achievement, and rewards people for having the strength and tenacity to make their dreams come true. Unfortunately, while this is an ideal goal to put strength towards, sometimes people find it easier to turn their strength on the weak, where there is less resistance, and a less likelihood of competition. We call such people bullies and, for the most part, the majority of bullies and bullying tactics occur at their greatest frequency during the childhood years.
This is not to stay that bullying doesn’t occur among adults, but it is much easier to succeed at bullying in the confines of childhood than it is as a working adult. Few adults, for example, will tolerate anyone simply taking someone else’s meal at a restaurant, or pushing that person out of his or her table and occupying the seat instead. In childhood, however, such activities succeed all the time, everywhere around the nation, including, unfortunately, Florida.
But just because it happens, it doesn’t mean that it is always harmless or always legal.
Bullies Can Be Held Accountable
The clearest legal opportunity to take action is when bullying has resulted in the physical... read article
When you file an accident injury claim with an insurance company, you will have to prove fault. In legal speak, fault is the product of “negligence.” Negligence basically means that the actions of another person caused you harm. Whoever is found negligent is responsible for the injury and the subsequent costs associated. To determine fault, the law considers four crucial elements: Duty, breach of duty, cause of damages, and damages. Here is an explanation of these four elements in order to help you understand what you will need to prove negligence.
• Duty: Duty is simply the legal duty owed to you by the defendant in the circumstances. The best way to understand duty is to think about what a responsible person would do in the situation. For example, everyone on the road has a duty to one another to follow traffic laws to help prevent accidents. Property owners to provide a safe place for anyone who is legally on their property. In most accident cases, if you were following the law and were injured, typically the other part did have a... read article
What Happens If My Accident Injury Case Goes To Trial_Most accident injury cases are settled out of court. However, when insurance companies are refusing to pay a fair settlement, you may have to litigate the case at trial. What happens at trial is very different than what is shown on tv. Here is what actually happens if you have to take your injury case to trial.
The Main Stages Of A Trial
Once all the court paperwork is filed and the trial begins, there are six basic stages of trial:
● Jury Selection: Jury selection is when the judge, attorneys, plaintiff, and defendant chose members of the community to sit on the jury. Jury selection is designed to pick unbiased people who can make an objective decision about your case. During jury selection, potential jurors will be asked a variety of questions about their values, experiences, and relation to the case. If any of the jurors provide unique challenges, they will be excluded.
● Opening Statements: Once the jury is selected, the trial will state. Trials typically begin with opening statements from the attorneys... read article
One of the most common questions we are asked is what types of injuries are covered by insurance when you are in a car accident. Insurance covers all injuries caused by the accident, no matter the severity. In order to get coverage for these injuries though, you have to prove that they were a result of the accident. To do that you need a good accident attorney to collect evidence and make a fair claim to the insurance companies.
The Most Common Types Of Car Accident Injuries
Every crash is different and there is a range of injuries that can occur, however here are some of the most common injuries that occur:
Head Injuries: Head injuries are the most serious injuries sustained during car accidents. In accidents, it is common that the force of impact causes the driver and passengers’ head to slam against the steering wheel, dashboard, windshield, or front seats. The force of this impact can lead to traumatic brain injuries.
Back Injuries: Another common injury in car accidents are back injuries. Depending on the angle of the impact, it can compress, bruise, or... read article
After you’ve been injured in an accident, you will face a lot of expenses. Many of these expenses are obvious like costs of your medical bills. However, accident injuries have a much larger cost than just medical expenses. Injuries can interfere with your ability to lead a normal life. They can keep you from working, enjoying your hobbies, and cause strain on your relationships. A fair accident settlement will pay for all of these expenses. Here is a list of expenses that you should consider asking for compensation during your settlement negotiation process.
• Medical Costs: Medical costs is often the biggest expense. You need to consider not just your current medical costs but what your injuries will cost in the future. Something like a shoulder injury may lead to physical therapy or surgery down the line. You will need to work with a medical expert to understand what the real cost of your injuries will be.
• Care: If you are receiving any at home care, those costs can also be covered. Whether the care costs are related to medical services or help around the house... read article
Wrongful death is, perhaps, one of the most upsetting ways to go to court. It’s the very tragic loss of life that most commonly comes from the negligence of someone else. As a result, wrongful death cases are civil court cases, not criminal ones, meaning, in this case, that the “punishment” sought is one of financial damages against the person accused of wrongful death.
While that can sometimes mean a person accused of wrongful death may also go to court for criminal charges, that is not always—or even often—the case. In most situations, wrongful death is considered accidental, not deliberate, but there are many ways in which wrongful death can occur. These are some of the leading causes.
This is the #1 cause of wrongful death in America, simply because road accidents can encompass many different types. The vehicular collision between two cars is the most common, because there are so many cars on the road. However, accidents between cars and trucks have also caused their fair share of wrongful deaths, as have collisions between cars and motorcycles. Sadly, collisions between cars and bicycles, or... read article
Usually, when we talk about personal injury lawsuits as a result of defective products, we turn our attention to vehicles like cars or products like toys for children. The infamous Ford Pinto case of the 1970s, for example, was about a fatal flaw in the design of the automobile that could result in burnouts and even explosions if the car sustained an impact the wrong way. And then there was the Easy Bake oven defective product scare of 2006, that resulted in a product recall as the toy ovens were found to trap children’s hands inside while active, burning the skin.
But even when you take to the water, you’re not safe. Defective products can occur anywhere, but when a defect occurs in a product that’s out on the water, with people aboard, this can mean huge risks, and sometimes, tragically, even the loss of life.
This is something that came into the news headlines recently over in the state of Missouri when 17 people lost their lives in a vehicle humorously referred to as a “duck boat.”
A Military History
The “duck boat” is actually the evolution of the military technology that... read article
When talk of a lawsuit enters a conversation, usually it’s in the context of a family suing another individual, especially if that individual’s actions may have been responsible for the loss of life of a family member. But what happens if it’s the negligence of another family member that causes a tragic accident? That is the circumstance that faced one family in Miramar, Florida, earlier in the year.
A Tragic Accident
On May 30th, Brenda Villasin dropped off her eight month old daughter, Liana, at her mother-in-law’s home. The grandmother to Liana normally took care of the child while Brenda went to work for the day. However, the grandmother was also looking after the dogs of Brenda’s husband, three pit bulls.
While baby Liana was playing in a bouncy chair in one bedroom, the grandmother decided to transfer the dogs to another room. One of the pit bulls overpowered the grandmother during the transfer, got away from her, and went straight after the baby, mauling eight month old Liana to death. She was pronounced dead at the scene by the time police and emergency medical services arrived just a few minutes... read article