Personal injury is an all-encompassing area of law that includes auto accidents, medical malpractice, premises liability, defective products, drug liability cases, fraud, nursing home abuse, domestic violence, and wrongful death. If you have been injured due to negligence or an intentional wrongful act of a person or entity, you can receive compensation in a personal injury lawsuit. Personal injury settlements are also pursued in cases of class action litigation. Personal injury cases are settled in civil court unless the case involves a criminal activity. In that case, the case will be heard in criminal court as well.
Entries in the 'Personal Injury Settlements' Category ↓
Do All Personal Injury Cases Involve Physical Injury?
March 9th, 2010 — Accident Settlements, DUI/DWI, Personal Injury Settlements, Slip Fall Settlements, Wrongful Death Settlements
The majority of personal injury in Hawaii involve some form of physical pain. If you are injured because of a negligent person, you may be able to file a personal injury lawsuit in Hawaii. In some cases, physical injury is not required for you to file a claim.
Negligent infliction of emotional distress (NIED)
Negligent infliction of emotional distress (NIED) is based on the concept that an individual has a legal duty to not cause emotional distress. While California was the first state to allow compensation for emotional distress alone, the Supreme Court of Hawaii is credited with the introduction of negligent infliction emotional distress as a separate tort. If you believe that you are a victim of NIED, contact an attorney who is experienced in personal injury lawsuits in Hawaii.
Examples of NIED include the following:
- A funeral home that wrongfully disposes of a body
- The negligent and incorrect diagnosis of a sexually transmitted disease that causes the breakup of a marriage
- A plaintiff who witnesses the death of loved one at close distance
- In the case of Rodriguez v. State, the plaintiffs claimed they suffered emotional distress as a result of flood damage to their home
The zone of danger
This term refers to the area of peril created by the negligent action of another person. You may be able to file a Hawaii injury lawsuit if you were in the zone of danger as a result of another party.
For your zone of danger claim to be credible, the following elements must exist:
- The defendant put you in danger of injury or death through their negligence
- You were aware of the death or injury of an immediate family member
- You show signs of emotional or physical injury as a result of witnessing the accident
If you were injured in any way as the result of another person’s negligent action, contact The Law Offices of Michael Jay Green today for help with your Hawaii injury lawsuit.
Jackson O’Keefe Hartford CT Law Firm obtains favorable Supreme Court ruling
March 9th, 2010 — Personal Injury Settlements
On March 8, 2010, Hartford County personal injury attorney Joseph M. Busher obtained a favorable ruling from the Connecticut Supreme Court in favor of his client, the Town of Voluntown Board of Education. The case arose out an injury that on October 11, 2005 at approximately 5:30 p.m. on Constitution Field in the Town of Voluntown, Connecticut. The plaintiff alleged that she sustained severe personal injuries when part of a tree located on an adjacent field split from the trunk and fell onto her as she watched her daughter play a school-sponsored soccer game.
On appeal, the Connecticut Supreme Court ruled that the defendants were entitled to immunity pursuant to General Statutes § 52-557n which states in part that “a political subdivision of the state shall be liable for damages to person or property caused by . . . acts of the political subdivision which constitute the creation or participation in the creation of a nuisance.” Since the statute requires positive acts on the part of the defendant, the Court held that the plaintiff’s allegations based solely on an alleged knowing and intentional failure to remediate a diseased tree did not satisfy the statutory requirements for liability.
$14.6M Settlement In Trampoline Injury
March 8th, 2010 — Personal Injury Settlements
17 years later a 30 year old man finally got his fair share in a settlement; $14.6 Million. The 13 year old was injured on a a trampoline which left the youngster a quadriplegic. A settlement was reached this past Thursday in a Chicago court.
The $14.6 million settlement was reached after 17 years of litigation and multiple court hearings, including two separate Illinois Supreme Court opinions.
The suit is really not fair based on the principle that the boy simply should of been more careful. If the trampoline were an ineffective product others would have been injured or the settlement would not have taken 17 years to process. The Pittsburgh board of education stresses safety on playgrounds and also has supervision for young kids including teens. Once must be careful when using public grounds and adult supervision should always be prevalent. Pittsburgh injury attorneys stress safety regulations in public and school parks to prevent serious injuries from occuring.
If you think you suffered an injury contact a medical professional immediately to make sure you will not have long lasting effects. Speak with an attorney so that we can compensate you for your time and damagers as well as stress public safety in our communities.
New York City Personal Injury Lawsuits
March 8th, 2010 — Personal Injury Settlements
When you are injured and the person who caused the injury, or his or her insurance company, refuses to fairly compensate you, it is time to pursue a personal injury lawsuit in New York City.
You do not have to be intimidated by insurance adjusters and their lawyers. At Antin, Ehrlich & Epstein, we diligently prepare and present all of our New York City personal injury lawsuits so that most are settled before trial. Many are settled without even having to file a lawsuit.
In every case, we gather the evidence necessary to prove how the accident or injury occurred, as well as evidence proving who is responsible for it. We also obtain copies of your medical records and reports that can help prove the nature and extent of your injury.
If the case must go to trial, we prepare and accompany you every step of the way. And you owe no attorney fees unless and until we get money for you.
If you or a loved one has been injured by the negligence or recklessness of another, contact us for a thorough and confidential evaluation of your New York City injury lawsuit. It is important to start gathering and preserving the evidence necessary to prove your case immediately after the accident. So contact the New York City personal injury lawyers of Antin, Ehrlich & Epstein to prepare your injury lawsuit in New York City today.
Antin, Ehrlich & Epstein, Attorneys at Law
49 West 37th Street
New York, NY 10018
Phone: 212.221.5999
http://www.aeelaw.com/
DeZao Law Firm Successfully Represents Plaintiff in NJ Motor Vehicle Accident Case
March 3rd, 2010 — Car Accident Settlements, Personal Injury Settlements, Verdicts
Bhaggy v. Piccirillo. Docket # PAS-L-12-08. Passaic County Court House. Honorable Garry Rothstadt. February 16 – February 18, 2010.
On November 21, 2006, Patrice Bhaggy (plaintiff) made a legal left-hand turn at a traffic light in Clifton, NJ. At the same time, Piccirillo (defendant), unable to stop in time, collided with Bhaggy, resulting in injuries to Ms. Bhaggy’s neck and back. Although her property damages were limited, her physical injuries included disc bulges in her cervical and lumbar spine as well as a herniated cervical disc.
After two days, the jury returned the verdict for Ms. Bhaggy in the amount of $100,000 with a 90/10 liability split, in favor of Ms. Bhaggy. According to Judge Rothstadt, this was the first Verbal Threshold verdict in favor of the plaintiff in Passaic County in the last three years.
For help with your personal injury case or medical malpractice lawsuits in NJ, contact the NJ personal injury lawyers at The Law Offices of James C. DeZao.
DeZao Law Firm Helps Victim’s Family Reach a Settlement of $14.01 Million
March 3rd, 2010 — Accident Settlements, Car Accident Settlements, Personal Injury Settlements
Faust v. Bellingham Moose Lodge No. 493, Wash., Whatcom County Super. Ct., No. 03-2-00859-8, Oct. 21, 2005
In a dram shop case resulting in death, broken bones and permanent spinal fractures, ATLA member and NJ personal injury lawyer, James C. DeZao, helped the victim’s family reach a settlement total of $14.01 million.
When Hawkeye Kincaid’s vehicle collided head on with Chris Faust’s vehicle, Kincaid’s BAC level had been close to 0.32. Kincaid died shortly after the accident. Chris Faust, his mother Bianca, and sister, Biana Mele, suffered injuries ranging from broken bones to spinal fractures. All three required several months of hospitalization, rehabilitation and multiple surgeries.
With the help of ATLA member, Steven J. Chance, as local counsel and an additional private investigator, DeZao was able to get justice for Chris’s family. The jury ruled against the lodge for serving alcohol to Kincaid while he was drunk and for letting him get into the car. DeZao successfully pieced together the events of the night by following through with leads, tracking down outside sources and countering potentially damaging testimony with evidence of witness inconsistencies.
According to James C. DeZao, “Bars should be more careful in their service of alcohol because it can be a dangerous instrument…I hope this case sends a message in that regard”.
The Law Offices of James C. Dezao have successfully handled personal injury, auto accidents, medical malpractice in NJ and other injury litigation cases in New Jersey and Morris County. Contact the NJ personal injury attorneys for a free consultation at 800-675-2604.
Car Accidents and Personal Injury
March 3rd, 2010 — Accident Settlements, Car Accident Settlements, Personal Injury Settlements
There are more personal injury claims filed related to car accidents than any other type of personal injury. According to the National Highway Traffic Safety Administration, someone is killed in a car accident every ten seconds.
Negligence is a key factor in proving liability for a car accident. A person who negligently operates a car, or other vehicle, may be required to pay any damages caused by their own negligence, whether damages of injuring someone or for damaged property.
A number of factors considered to be negligent may include, but are not limited to the following:
A driver may be liable for damages caused by his or her intentional or reckless actions. A reckless driver is one who drives unsafely with willful disregard for the likelihood that he or she may cause an accident.
In some cases, accidents are caused through no fault of any particular driver. For example, an automobile manufacturer or supplier may be responsible for injuries caused by a defect in the automobile, or a component of the automobile. A product liability suit is a lawsuit brought against the manufacturer of a product for selling a defective product that caused injury to a consumer or user. The manufacturer is liable for any injuries caused, regardless of whether or not the manufacturer was negligent.
If a mechanic fails to properly repair a vehicle, and the failure causes an accident, the person who improperly repaired the automobile, and the repair shop, may be liable for any injuries that occurred in the accident. Other factors that may contribute to causing car accidents include, but are not limited to the following:
How has Personal Injury Litigation in Illinois Changed Over the Years in Illinois?
March 2nd, 2010 — Car Accident Settlements, Personal Injury Settlements, Truck and Trucking Accident Settlements
How has Personal Injury Litigation in Illinois Changed Over the Years in Illinois?
As any society changes, the laws that govern that society must also change. Naturally, greater shifts in the attitudes of a society lead to greater shifts in its laws. The laws surrounding Illinois personal injury litigation are no exception to this rule.
Technology and injury litigation in Illinois
Like the rest of society, law is influenced by technology. One such example of this is the role played by personal electronic devices in accidents. Litigators across the nation are working to define how cell phones and other such devices cause accidents, in ways that can be enforced and scrutinized by courts.
Chicago in particular has chosen to focus on driver impairment in its cell phone and texting laws, meaning drivers will be found liable for accidents caused by their distraction while talking or texting behind the wheel.
Public opinion and personal injury settlement in Illinois
Sometimes, specific and notorious news events lead to changes in the law.
Since the nineteenth century, a dram shop law in Chicago extended liability to owners of establishments that served alcohol to a person whose drunkenness later led to the injury of a plaintiff. However, this law did not extend to private social functions.
In 2003, when a drunken high school brawl led to a public outcry, the issue was revisited. The Drug or Alcohol Impaired Minor Responsibility Act makes an adult who intentionally provides drugs or alcohol to minors strictly liable for any injuries caused by the intoxicated minor. Furthermore, this act allows almost unlimited damages in an injury settlement in Illinois.
If too many lawsuits lead to excessive personal injury settlements in Illinois, public reaction can sway against personal injury attorneys. For example, in 2004, such opinions led the Illinois State Assembly to cap non-economic damages for medical malpractice at $500,000 against doctors and $1 million against hospitals.
Sometimes, the law responds to a long-term problem that was recently revealed. Accusations of abuse against Roman Catholic priests and the discovery of many adults claiming such abuse led to such a change in Illinois personal injury litigation. Illinois law recently suspended the age limit in select circumstances with regard to people levying accusations of child sexual abuse. This allows more lawsuits, since the law now allows time for accusers to remember and recognize abuse from their youth.
Personal injury lawyers in Illinois
Clients need lawyers, because no layperson can keep abreast of the constant changes in civil law. But if the law itself is complicated, the changes in our society increase the complexity of personal injury law.
If you need an experienced Illinois personal injury attorney, contact the Illinois injury lawyers at Sam C. Mitchell & Associates today at 1-618-932-2772 and start down the road to recovery.
Sam C. Mitchell & Associates
115 1/2 East Main Street
West Frankfort, Illinois 62896
888-899-1458
Illinois Injury Lawyers – Sam C. Mitchell & Associates FAQ
February 25th, 2010 — Car Accident Settlements, Personal Injury Settlements
What should I do if I have been in an accident?
If you have been in an automobile, bus, truck, tractor-trailer, or motorcycle accident, there are some initial steps you should take to protect your rights, such as the following:
- Contact the police
- Get necessary medical attention
- Get the names, addresses, and phone numbers of the other drivers, vehicle owners, and potential witnesses involved
- Obtain insurance policy information from the other drivers involved
- Take photographs of the accident scene, such as the road conditions, position of the cars, damage to your vehicle, and any weather and lighting conditions
- Notify your insurance company of the accident, particularly if there was significant property damage or you had to seek medical attention
If I suffer a serious injury from an accident, are my medical expenses covered?
Illinois requires motor vehicles registered in the state to have minimum amounts of liability insurance in the following amounts:
- $20,000 in bodily injury coverage per person per accident
- $40,000 in bodily injury coverage for two ore more persons per accident
- $15,000 in property damage coverage
If your expenses exceed the policy’s coverage amounts, you may be able to sue if the other driver was responsible for causing the accident. A qualified personal injury attorney can meet with you, evaluate your case, and advise you whether you should file a claim against the other driver.
Sam C. Mitchell & Associates
Illinois personal injury law firm
115 1/2 East Main Street
West Frankfort, Illinois 62896
888-899-1458
Medical Malpractice in the News – The Quaid Twins
February 24th, 2010 — In the News, Medical Malpractice Settlements, Personal Injury Settlements
In 2007, actor Dennis Quaid’s newborn twins were accidentally given an extremely inaccurate does of a blood thinner medicine. Although this action nearly killed them, twins Zoe Grace and Thomas Boone recovered quickly – long-term damage, on the other hand, is unknown.
Quaid and wife, Kimberley, filed a lawsuit against pharmaceutical company, Baxter Healthcare Corp and Cedars-Sinai hospital. The lawsuit against Baxter was dismissed, partly because the lawsuit was filed in Illinois but the incident had occurred in California. Court papers indicated that the Quaids have the option to re-file the lawsuit in California, though there hasn’t been any new information to confirm that. They agreed to a $750,000 settlement with Cedars-Sinai in late 2008.
In light of this incident, it is important to communicate with any hospital staff or outside physicians administering medical care to you or a family member. You have a right to know what kind of medication a physician is prescribing or a nurse is handing to you. Ask questions about any possible complications from a test or procedure. If you have any doubts, seek a second opinion. Remember that medical professionals are human beings first and can easily make a dangerous medical mistake.
Keep in mind that the risk of medical malpractice affects everyone – whether you are going to your physician for a yearly physical, to a hospital for routine surgery or even a physical therapy appointment.
If you or a loved one has been injured or are a victim of medical malpractice in New Jersey, the medical malpractice attorneys in NJ can help you with your case. Contact the NJ personal injury lawyers at The Law Offices of James C. DeZao to learn more.
