Tag Archives: Trip and Fall

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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causation

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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Post settlement problems

PERSONAL INJURY: Can Case be Reopened After Settlement?

Question: When symptoms come back years after an accident is it too late to file a claim?  My niece was in a car accident four years ago and broke her neck.  She received a settlement check and her medicals bills were paid.  Now, she is experiencing renewed pain and she doesn’t have health insurance.  Can [...]

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torts

PERSONAL INJURY: Negligence Law & “Torts”

In the law, the word “tort” means a civil wrong.  Latin play less of a role in the law as in previous eras.  But, the word tort comes from “tortum” or “tortus” meaning injury. Personal injury law in its purest form is taught as “Torts” in law schools.  The most common torts involve negligence.  Negligence [...]

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He Said She Said

HE SAID SHE SAID CASES – PERSONAL INJURY AND EVIDENCE

He said she said.  People label disputes this way, questioning how cases like this can ever resolve. But, there’s more to it.  The question overlooks the reality of court testimony.  Courts highly value testimony. Testimony is Evidence in He Said She Said What witnesses say under oath is evidence.  Under scrutiny of cross-examination, the value of testimony rises or falls as [...]

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Liability is not "guilt"

PERSONAL INJURY: Liability – No “Guilt” or “Innocence”

“Guilt” and “Innocence” exist in criminal law, not civil negligence law. Concepts of guilt or innocence refer only to criminal matters, where an individual faces prosecution by the government at some level.  Even in an accident caused, allegedly, by a person running a red light, the light runner is not “guilty” in a civil lawsuit. [...]

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spam law

Spam Email Abuse

  Attorney Myers:  I receive tons of junk email, so much that it makes it hard for me to sort through and find the important messages that I want to read from my friends and family among all of the email junk.  Isn’t there a law about this?  Yes, there is a law.  The question [...]

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Preexisting Injuries

PERSONAL INJURY “Eggshell Skull Doctrine”

  The “eggshell skull doctrine” is a time-honored legal concept.  It explains what happens when a person with a preexisting medical condition is injured in an accident. In an actual case a person suffered a rare genetic condition in which their skull was as thin and brittle as an eggshell.  Careless people horsing around nearby [...]

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Statute of Limitations Bars Late Filing

Personal Injury: Statute of Limitations

Bars usually go with criminal law, as in “behind bars”. But, in civil law, statutes of limitation bar cases forever if not filed on time.  When the doors slam shut, there’s no going back. The “Statute of Limitations” is a legal deadline requiring a case be filed within a certain time after an event which gave rise to the [...]

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Examining X-ray by colegiocetas on flickr

Personal Injury: Expert Testimony

Heavy impact on the human body can fracture bones.  This seems obvious.  But, in a court of law, cause and effect and the extent of damages must be supported by expert medical testimony. For example, a passenger in a motor vehicle breaks an arm when the driver looks down to change the radio station, losing control and [...]

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