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 [...]
Tag Archives: negligence
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, [...]
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 [...]
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 [...]
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, [...]
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 [...]
LIENS ON PERSONAL INJURY CASES
Like locks on a gate, liens prevent final settlement of personal injury cases until they are addressed. Government liens, private liens, statutory liens and others lock down settlement until dealt with. Medicare & Medicaid Liens Medicare & Medicaid, by statute, have liens on injury cases where accident related bills have been paid. Acceptance of these [...]
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’. [...]
WORKERS COMPENSATION: Injuries
Injuries at work can be caused by accidents, falling down, or a machine injury. Sometimes, repetitive motion causes harm. Examples are constant typing at a computer or handling of machine controls and parts. Other workplace hazards include exposure to toxic chemicals or loud noise. Can I Sue My Employer When injured on the job the answer [...]
PERSONAL INJURY: CAUSATION AND NEGLIGENCE
An unbroken chain must connect cause-and-effect between an accident and an injury in any case. It may seem obvious. But, causation is a fundamental element underlying every claim of negligence. As the question below shows, the critical legal element of causation must never be overlooked: Attorney Myers: My wife had a trial in an accident [...]
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PERSONAL INJURY: Do-It-Yourself Follies
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Dog Bite Cases in Personal Injury Law
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Notice Requirements in Personal Injury Cases
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PREMISES LIABILITY LAW AND INJURIES
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