Tag Archives: accident
Establishing Cause - Injury cases

Proximate Cause: Personal Injury Claim Causation Requirement

In a famous case, a commuter runs for a train that’s just started rolling.  The man sprints across the platform.  A conductor on the train reaches out, pulling the man.  Another railroad employee on the platform pushes him onto the train.  A wrapped package falls out of the man’s hands onto the train tracks.  The package, [...]

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Reasonable Damages

MITIGATION OF DAMAGES IN PERSONAL INJURY

  No one expects a person seriously injured in an accident to run a marathon or to bench press 500 pounds soon after the injury.  At the same time, the legal concept of mitigation of damages requires those injured to make reasonable best efforts to get back on their feet. Mitigation of Damages Mitigation of [...]

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Discovery in Civil Lawsuits

Discovery in Civil Litigation

A “search for the truth” is the idea behind the discovery phase of civil law suits. Hollywood keeps movie viewers in suspense, telling a tale but holding back on a final nugget of truth until a secret witness shows up in court at the end revealing “the truth”.  Forget all that.  In the real word, [...]

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Premises Liability

PREMISES LIABILITY LAW AND INJURIES

Premises liability cases address the legal duty of property owners. Many scenarios fall under premises liability.  A store customer opens a cooling unit to reach for an item and a heavy door slams into her head.  A shopping cart speeds along the floor, striking a customer. A homeowner, legally burning brush, walks away and a [...]

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Minor Settlements

Minor Settlements: Why is Court Approval Required?

Minor settlements, personal injury settlements for those under the age of minority, often need court approval before funds are released. Here’s the problem: minors lack legal capacity to make binding decisions.  Minors in most cases can’t sign enforceable contracts.  So, an insurance release cannot bind a minor.  This contradicts the basic purpose of insurance company releases seeking [...]

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Life Expectancy Charts

Life Expectancy Tables In Personal Injury Cases

  Life expectancy tables provide key information in evaluating some personal injury cases.  The tables give a statistical perspective, a number, telling us how long any given human being can be expected to live. One of the most often overlooked elements of a personal injury case calculates long term potential damages beyond the date a release [...]

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Cell Phones and Accidents: Is Legal Cell Phone Use Negligence?

Motor vehicle accidents happen more often than not due to driver inattention.  Jabbering on the cell phone, texting, eating, drinking, turning to communicate with passengers, daydreaming and many other distractions reduce driver attention. Cell phones and accidents present growing legal issues. Whether the distraction breaks a state law or not, any cause of driver distraction, [...]

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SNOW AND ICE PERSONAL INJURY CASES

Snow and ice cases, where injuries are claimed for a slip and fall, present unique issues. A slip and fall on slippery snow or ice can cause serious injuries. But, the happening of an accident and injuries does not automatically entitle the injured person to a recovery.  Fault must be established on the part of the property [...]

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Independent Medical Examination

Independent Medical Examination in Personal Injury: the “IME”

Independent Medical Examination is anything but independent.  The exams, also called an “IME” are also not medical examinations in the sense of a physician performing an unbiased examination seeking clinical findings for the purpose of healing. IMEs are set up by insurance companies solely for insurance company purposes.  So, the correct term should be ‘Insurance Examination’.  [...]

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AUTO INSURANCE IN MASSACHUSETTS

Car accidents cause trauma.  Those injured wonder why they suffer again when they try to figure out auto insurance. PIP Massachusetts law includes ‘no-fault’ auto insurance.  This means that under the ‘PIP’ or Personal Injury Protection coverage of your own insurance policy, regardless of fault, your insurance pays up to $8K of your medical bills. There are many exceptions, such as, if [...]

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