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  • Bankruptcy Law
  • Family Law
  • Personal Injury Law
  • Corporate Law
  • Worker's Compensation Law

Click on topics below or simply scroll down the page.

Realities What is a "tort"?
What is "negligence"? What is "strict liability"?
What damages can I recover? Are lawsuits settled before trial?
Injured in an Auto Accident: Pursuing a Claim Injured in an Auto Accident: What are my rights?
Were you the victim of a drunk driver? Workers Compensation: Protecting Employers and Employees
A Landlord's Duties to Tenants What if I was injured at a hotel/motel?
Who do I sue for a slip & fall? Product Defects: A Manufacturers Liability
Product Liability Cases: Strict Liability Breast Implant Claims
Medical Malpractice: Types of Claims Attorney/Legal Malpractice: Standards of Care
Duties of Common Carriers & Public Transportation Industry Intentional Acts vs. Negligence
Battery Claims: Recoverable Damages Defamation Claims: Libel and Slander
Can I recover for emotional distress? Do I have a claim for false imprisonment?
Claims for Invasion of Privacy Attorney Contingency Fees
What is your claim worth? Valuing Your Claim
Airplanes Amputations
Bicycles Boating
Broken Bone & Fracture Burns
Construction Defective Implant Injuries
Eye Injuries FELA/Railroad Employee Protection
Head & Brain Injuries Heart & Lung
Herniated or Bulging Disc Motorcycles
Muscle & Ligament Neck & Back
Paralysis Pedestrian
River Boats Swimming Pools
Trains Unconsciousness
Whiplash  

Personal Injury Law: Realities

Personal injury law deals with a specific wrong. You and/or your property were injured. If that injury was the result of someone else's negligence, then you can take that person to court in order to prove they had failed in their duty to prevent injury. If they are found negligent, then you may be awarded money for medical costs, property losses, loss of consortium, loss of wages and pain and suffering. The defendant's ability to pay will, to a large extent, determine how much you can collect. If your injuries were caused by an unemployed street person, then you essentially have no case. They may be very negligent, but they also have no assets to compensate your loss. If the defendant is insured or has their own resources, you may be able to recoup your losses. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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What is a "tort"?

A tort is a wrongful act which does not involve a breach of contract and that results in an injury, a loss or damage for which the injured party can bring a lawsuit to recover or compensate their losses. There are several types of torts including medical and legal malpractice, slander and libel. The last two involve damage not to a tangible thing like a persona or property, but to a reputation or to a person's feelings. There are different legal proofs and hurdles in each state which must be overcome in order to make your case. Once you have determined that injuries have resulted from someone's negligence, then the court may decide to what extent the defendant must compensate the plaintiff. The compensation is usually base upon certain formulas and the actual dollar losses and expenses the plaintiff has faced along with pain and suffering. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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What is "negligence"?

The term negligence is essential to tort law. Everyone is expected to take normal ordinary care to ensure that their actions or the actions of others under their control, do not cause anyone harm. If they fall below that standard, and someone is injured or their property damaged, then they become negligent. Negligence does not mean that the person deliberately intended to cause harm, it only means that they did not take reasonable care or they did not act when any reasonable person would have. An example would be the homeowner who decides to plant a tree next to the sidewalk. He digs a huge hole, then leaves to pick up the tree. While he is gone, someone steps into the hole and breaks a leg. Reasonable care would have called for the homeowner to cover or mark the hole to prevent accidents. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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What is "strict liability"?

Strict liability means that one does not have to prove negligence to recover damages. In the case of product liability, the law now holds that you do not have to prove the manufacturer was negligent if someone is injured while using a product. They only have to prove the product was defective. A lawsuit can be brought against anyone participating in the chain of manufacture for that product, from the manufacturer, to the designer to the retail store - all can share in the liability. Anyone participating in an act which is inherently dangerous, such the transport of hazardous substances, will be held strictly liable for any injuries they may cause while engaged in that act. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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What damages can I recover?

There are two basic types of damages which are related to personal injury suits, punitive and compensatory damages. If you prove your case, you are generally awarded damages by the judge or a jury for your actual losses and up to date and projected medical costs. These are called compensatory damages. You may be compensated for loss of wages, pain and suffering and loss of consortium as well. The amount you receive will be determined by many factors. Punitive damages are awarded when the act which injured you proves to be intentional. These type of awards are not frequently assessed. Most often they are assessed against corporations which the court finds to have acted recklessly or against the public interest. By making the corporation pay these sums, the court sends a message that this is not to happen again. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Are lawsuits settled before trial?

The settlement is an agreement to stop a lawsuit in exchange for something, usually money. A settlement offer can come at anytime, from moments after the injury to moments before the verdict in a trial. When you are in the process of determining your chances in a case, your lawyer will detail the probable range of outcomes and the range of acceptable settlements which they feel you should sign off on. If you agree to accept a settlement, you will be required to sign an agreement which states that you will absolve the other party of all further liability in this particular case. It is your decision to make. The lawyer cannot make it for you and can only provide you with the information you need to make that decision. Remember that going to trial is no guarantee that you will receive anything. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Injured in an Auto Accident: Pursuing a Claim

The procedures involved in filing a personal injury lawsuit start at the scene of the personal injury. No matter where it occurs, you need to record the names and numbers of witnesses. If anyone has a camera on the scene and is taking photographs or videos, be sure to get their name and number and ask for copies. If you are too injured to accomplish these tasks, be sure to get a copy of the police report. Don't forget to contact your insurance agent. Contact a lawyer. If they feel there is a case, they will inform the negligent party, or their insurance company, that you are being represented by their firm. You will get medical treatment until you stabilize and are released by a physician. The negligent party or their insurance company will make an offer. There will be counter offers. If nothing works out, the matter will go to trial. Both sides will attempt to prove their case. If you win, you may be awarded damages. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Injured in an Auto Accident: What are my rights?

Protecting your rights is crucial to the full recovery of your losses. If you sign away your rights, then paying for your medical bills and recovering lost wages may be impossible. You have the right to ask someone who is negligent to pay for any damages that their negligence may cause. Your rights are limited primarily by the statute of limitations in each state. How long you have may vary considerably and if you let this period lapse, you may be unable to recover anything. Therefore it is important to seek expert advice as soon as possible. The longer you wait the more difficult it may be to recover damages. The statutes of limitations for medical malpractice cases are usually determined by a different formula. No matter what your case, you should consult an expert before giving up your right to collect damages for a negligent act. Why should you pay for their actions? The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Were you the victim of a drunk driver?

Most state statutes define the crime of drunk driving as operating a motor vehicle with a blood alcohol content - or B-A-C - above the legal limit. In some states, the accused doesn't have to be driving, but merely sitting behind the wheel. Many drunk driving cases are initiated when a police officer notices a driver swerving in the road, turning wide corners, stopping inappropriately in traffic, or crossing the centerline. The laws and penalties against drunk driving are becoming increasingly severe... and for good reason. Driving drunk is an irresponsible act that poses a grave danger to others on the road. As a result, convicted drunken drivers who cause injury to others are apt to receive criminal-level judgment from the court.

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Workers Compensation: Protecting Employers and Employees

Workers' compensation was designed to take the lawsuit out of the workplace. For many years, the worker was often left with little or no recourse in a system that favored the wealthy business. With the advent of aggressive legal techniques and favorable rulings, business soon found themselves under siege. They asked for and received relief through the workers' compensation act which has been adopted in a fairly consistent form in every state. The tradeoff is simple. The worker does not have to prove negligence. The employer's financial liability is limited by formulaic application of benefits. The amount you can receive from workers' compensation is severely limited. While the payment is virtually guaranteed, it is not designed to make anyone rich. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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A Landlord's Duties to Tenants

The liability of the landlord is extensive in that they have a duty to their tenants to provide a safe and habitable environment. If the landlord fails to maintain the property, you may be able to sue to return the property to a habitable state. If the landlord is negligent in their duties, you may have cause for a lawsuit if injury results from that negligence. The tenant must inform the landlord if any part of the building falls into disrepair, particularly in areas that the landlord would not see routinely. If a tenant fails to warn the landlord of a continuous leak which undermines the floor which subsequently collapses, the landlord may not be held liable. For the landlord, protection against lawsuit should a be part and parcel of building maintenance. When you make a repair, you not only improve the worth of the building you lower the potential cost of a lawsuit. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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What if I was injured at a hotel/motel?

The hotel has the same duty to maintain a higher standard of care as the common carrier. The law holds that mass transit companies like the airlines and bus companies, because of the numerous lives they put into their hands every day, must take special care. The laws governing the duties of the hotel include special safety signage which tells the patron where the fire exits can be found and advises them not to use the elevators in the case of fire. Structural issues must be addressed. If an elevated walkway can be expected to be full of people on certain nights, then the hotel must make sure that the walkway can hold the weight. If you are injured while staying at a hotel and believe that the hotel was negligent, you should contact an attorney. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Who do I sue for a slip & fall?

The slip and fall accident is a very common mishap found in all climates. Typically, the slip and fall comes as a result of ice or snow buildup on a sidewalk. A pedestrian slips, falls and breaks a bone or sustains a severe muscle tear or other injury. In order to sue for slip and fall, it must be determined who owns and maintains the sidewalk. If it is owned be the city or town, they may be protected from suits. If not, then they may be held liable for not maintaining the sidewalk and may have to pay damages. Slip and fall may occur on someone else's property. Slipping on a freshly mopped floor, may be cause for a suit. The homeowner will usually rely upon their homeowner's insurance to protect them from the financial loss. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Product Defects: A Manufacturers Liability

Defective products will always be the cause of lawsuits. When a company designs and manufactures a product, they have a responsibility to ensure that anyone exercising reasonable care within the expected parameters of usage expected for the product will not be injured. In a product injury case, you do not have to prove the manufacturer was negligent. You only have to prove that the product was defective or that the manufacturer did not provide sufficient warning of potential risks or fail to provide adequate instructions. They may be held liable for the medical costs, pain and suffering and loss of wages. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Product Liability Cases: Strict Liability

In virtually every state, the law now holds that you do not have to prove the manufacturer was negligent if someone is injured while using a product. They only have to prove the product was defective. This concept is called strict product liability. A lawsuit can be brought against anyone participating in the chain of manufacture for that product, from the manufacturer, to the designer to the retail store - all can share in the liability. You may be able to collect for your current and future medical expenses, lost wages, pain and suffering and disfigurement. In some rare cases, where it can be proved that a manufacturer acted with bad intent or maliciously promoted a defective product, or acted in bad faith during the court proceedings, they may be forced to pay additional punitive damages. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Breast Implant Claims

Breast implants are the source of thousands of lawsuits. In recent years, a particular type of breast implant which used silicone and other artificial implants, have been accused of causing a variety of injuries and maladies including autoimmune diseases like lupus, joint pains, infection and interference in the detection of cancer. There are even suits which allege that these breast implants caused miscarriages and were harmful to breast feeding infants. The suits allege that the manufacturer was negligent and that they knew the implants were harmful. The issues involved in this relatively new area of the law are very complex. They involve medical issues which may not be resolved for years. It is important to consult an attorney competent in this area to determine if you may have a case. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Medical Malpractice: Types of Claims

Because of the inherent dangers involved in much of medicine, a bad result may not be enough to file a suit for malpractice. But it is an indication that further investigation should be taken. It is important that the medical practitioner inform you of the range of likely outcomes before performing any procedure. Most will require that you read and sign an informed consent form that states the potential problems and that you have read the form and that you agree to undergo the procedure anyway. But if the doctor performing the procedure acts outside of established parameters and causes you injury, then you may be able to sue to recover for your new medical bills, lost wages, pain and suffering and disability. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Attorney/Legal Malpractice: Standards of Care

Much like a bad result in a medical procedure, a bad result in a lawsuit does not mean that your lawyer is guilty of malpractice. Like the doctor, the lawyer carries malpractice insurance against the chance they might be sued. The lawyer must maintain a certain level of professional competence. If they fail to maintain the standard of care to be expected in a given case, then they may be responsible for your losses. If, for example, your lawyer fails to provide expert witnesses in a highly technical trial to rebuff the opposition's experts, then it might be argued that the lawyer failed to perform an obvious and crucial task, thus costing you the trial and any damages. You may be able to sue and recover those losses. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Duties of Common Carriers & Public Transportation Industry

The laws governing the public transportation industry hold that they must provide extraordinary care when it comes to the safety of their passengers. The reasoning is, with so many people's lives in their hands, they can act no other way. If you are injured, it may affect the rest of your life profoundly, changing how you live and your enjoyment of your life. The medical costs both for emergency treatment and ongoing expenses can be enormous. If an injury is the result of someone else's negligence, you have the right to seek damages for your losses. These damages may include payment for pain and suffering, loss of consortium, medical expenses both past and future, lost wages for the past and future and money for the trauma of physical disfigurement. How much you receive will depend upon not only the specifics of your case, but the defendant's ability to pay. Suing a pauper will get you nothing. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Intentional Acts vs. Negligence

Negligence does not necessarily mean that someone intended to cause you harm. They may have been thoughtless or failed to act with reasonable care. Any behavior becomes negligent when it no longer meets the minimum requirements under the law for ordinary care. If the case goes to trial, much will be made of what would constitute ordinary care by a reasonable person. In some cases, the standard is obvious. In others, it is not so obvious. If there was a clear cut standard, there would be no need for a trial. An example of simple negligence would be the failure to stop at a stop sign or a red light. Any reasonable person could see that running a red light or stop sign is an invitation to disaster. Once negligence is determined, it is a only matter of determining the extent of the injuries. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Battery Claims: Recoverable Damages

Battery is a form of injury that is direct and may cause substantial losses both materially and psychologically. The definition of battery includes any unwanted touch. This means any part of your body or your clothing or anything you carry. The person who committed the battery may have had no intent of touching you, but that is not an excuse. There have been cases of people suing because someone forcibly removed their hat. In cases where there is little physical harm, the chances of a sizable recovery are virtually nil. If you get into a fist fight and get your nose broken, don't expect the court to necessarily find for you. Many courts hold that getting into a fist fight involves consent. In other words, you are agreeing to get hit. You must be able to prove that your actions were pure self defense and that you could not escape the fight. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Defamation Claims: Libel and Slander

Defamation is the injury of a person's reputation by the telling or showing of something to others, which causes them to no longer hold you in high regard. There are two types of defamation, slander and libel. Slander is the oral version and libel is the written version of defamation. Today, the courts hold that defamatory electronic broadcasts are considered libel. You cannot defame the dead. If the statements are true or you agreed to allow the statements, then you have no case. No matter how damaging the statements, you are out of luck. There are certain circumstances which allow you to sue for defamation without having to show that harm was done. This includes harmful statements about you in regards to your business, a claim that you have a disease or have committed a crime or a statement that a woman is not chaste. If you believe you have been defamed, contact an attorney. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Can I recover for emotional distress?

It is very difficult to recover damages for emotional distress. One rare type of case would involve a hospital calling you after a relative had checked in and then informing you that your relative had passed away when they were obviously alive. You might be devastated, emotionally wrecked, but while it may be possible to recover damages, it is a slim chance at best. These days, the courts tend to hold that actual injuries must be inflicted before emotional distress can be factored into the personal injury equation. As you know, there are any number of emotional injuries we all suffer throughout our lives for which we generally do not seek monetary compensation. The little knocks and bruises of life are par for the course. However, if it can be shown that someone intentionally caused emotional distress, you may have a case. If you are unsure about your emotional distress case, contact a professional. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Do I have a claim for false imprisonment?

False imprisonment involves the unwilling detention of anyone without due process or just cause. If you are in a store and you are stopped by the store detective under suspicion of shoplifting, they do have the right to detain you until the authorities arrive. If they have no actual evidence that a crime was committed, and they hold you without calling the authorities, you may have a case of false imprisonment. Other cases of false imprisonment may include voluntarily checking into a hospital and then finding that you are not allowed to leave. This could include a nursing home as well. While they may claim that they were only looking after your interests, if they feel that your release would truly be harmful to you, they must detain you through proper due process. If you feel you were falsely imprisoned, contact an attorney. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Claims for Invasion of Privacy

Every citizen of the United States has the right to privacy. That means no one can unreasonably intrude into your personal affairs. In order for the courts to hear a case of invasion of privacy, one of four things must have occurred. First, there must have been an unreasonable intrusion into your affairs, like a person peeking into your windows, or wiretapping your phone. Second, private facts about you must be publicly disclosed. This includes information that is true. Say for example, that your gas station posts a notice on its portable sign that you haven't paid for your tires yet. That would be an invasion of your privacy. Third, a persons name or likeness must be used for the benefit of the user without the persons permission. Maybe your excited to have won the 100th customer prize, but find your picture on a billboard and you didn't give your permission. That's an invasion of privacy. Finally, any activity that places you in a false light in the public eye, whether the statement is true or not, could be an invasion of privacy. Your attorney can help you determine if your rights have been violated.

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Attorney Contingency Fees

The contingency fee is a payment based upon the outcome of the case. An attorney who believes a case has merit, will take the case without payment up front because they believe that you will be compensated. The contingency fee is a percentage of the damages awarded. The average percentage is 33 percent. This is the fee for the case through settlement. If the case has to go to trial, your contingency fee percentage may increase. Some attorneys will increase the fee to 40 percent. If it goes to appeal, the percentage may increase again. To avoid confusion, be sure to get the percentage and the potential increases in writing when you sign on the dotted line. You should also be aware that certain court fees and administration costs will be added to the bill. Ask about these costs as well. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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What is your claim worth?

The worth of your claim depends upon many factors, many of which can not be objectively quantified. But in general, the worth of your claim will be determined by your damages. If you spend twenty thousand dollars in medical care, you might be expected to be compensated for at least those costs. The court system recognizes pain and suffering, disability and disfigurement and lost wages as part of the damages which you can be compensated. If you are assigned a fifty percent disability, then you may be able to collect fifty percent of your expected earnings for the rest of your life. Pain and suffering are a relative thing, differing in every case. But a general rule of thumb cites three times medical costs as a compensation for pain and suffering. This amount can be significant higher or lower, depending upon many factors. The only way to get any sense of a claim's worth is to contact an attorney. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Valuing Your Claim

Valuing your claim is often a matter of deterring liability and negligence first and then the extent of the damages. If someone is liable and negligent and they are capable of paying the damages, then you need to determine what your losses are. In the case of medical expenses, you can know to a certain extent what you can expect. But, if the injuries are very severe, requiring extended treatment, perhaps for the rest of your life, the costs must be estimated. There is also the matter of pain and suffering. One rule of thumb, that some use, is the tripling of the medical costs as a general scale for pain and suffering. Of course, this can vary considerably, given the wide range of circumstances which might surround any individual case. To value your claim, contact a knowledgeable attorney. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Airplane

All public carriers have a special duty to care for their passengers and this includes the airlines. If you are unfortunate enough to be injured in an airplane accident, either as a passenger aboard a large airliner or as the pilot or passenger of a small craft, you may be able to sue for medical expenses, loss of wages, loss of future earnings, loss of consortium and pain and suffering. If you were injured while on a public carrier, you will be able to make the case with no problem. If you are injured while piloting or as a passenger in a small private plane, you may be able to sue the manufacturer of the plane. There have been many attempts to limit the liability of manufacturers for older aircraft. If it can be shown that a negligent failure unrelated to the age of the craft caused the accident, you still may sue. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Amputations

Amputation of a limb is perhaps the most traumatic injury one can suffer. It will affect the rest of your life profoundly, changing how you live and your enjoyment of your life. The medical costs both for emergency treatment and ongoing expenses can be enormous. If an amputation is the result of someone else's negligence, you have the right to seek damages for the loss of your limb. These damages may include payment for pain and suffering, loss of consortium, medical expenses both past and future, lost wages for the past and future and money for the trauma of physical disfigurement. How much you receive will depend upon not only the specifics of your case, but the defendant's ability to pay. Suing a pauper will get you nothing. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Bicycles

Though virtually any activity can be the cause of an accident, bicycle accidents are unique. If a bicyclist is injured by a negligent motorist, then they will likely collect from that driver's auto insurance for any damages. But if the injuries are caused by a defect in the street itself, then the liability issue may be clouded. Many cities are protected from lawsuit by immunity laws. Though this protection is not bulletproof, it does make collecting damages more difficult. The key to personal injury is negligence. Anyone who causes you harm due to a failure on their part to exercise due care, can be held liable for your damages. This means injuries sustained from riding into an unmarked hole, or from colliding with a car door opening on the street. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Boating

Boats and boating are subject to the same liability laws as the automobile. If you are injured in a boating accident due to another's negligence, then you can sue for medical costs, lost wages and pain and suffering. Also, if you are injured due to a defect in the design or manufacture of the boat, you can also recover for your injuries. In a suit involving a manufacturing defect, you need not prove the manufacturer negligent, only that the product was defective in its design or manufacture. This could include a lack of sufficient warning about any potential risks or hazards associated with the operation of the vessel. Because the rules of navigation are more complex than the rules of the road and there may be few witnesses and rarely any policeman on the scene, it may be more difficult to prove negligence. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Broken Bone & Fracture

Signs of a broken bone include the inability to use the injured area. There will likely be swelling and pain associated with a bone break or fracture. One rather obvious sign of a break is deformity or misalignment of the body in the area of the injury. For instance, let's say your right foot is facing north and your little toe is facing to the east... you've probably broken your little toe. First aid involves protecting the bone and body from further damage. No attempt should be made to set or straighten a broken bone. It, instead, should be splinted in the place where it lies with a minimum of movement. If the bone has pierced the skin, bleeding should be controlled with direct and firm pressure to the wound with sterile dressing if it's available. This is known as a compound fracture and prompt medical treatment is essential.

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Burns

Burns are among the most painful injuries you will ever experience. They are disfiguring and often cause loss of mobility and flexibility. If your burns are the result of someone else's negligence, then you may be able to recover your medical expenses in a court of law. This will include not only emergency expenses, but all of the medical expenses that can be expected as a result of the burn for the rest of your life. You may be able to collect for loss of wages, loss of future earnings, loss of consortium and pain and suffering. If you are injured on the job, then workers' compensation will take care of your medical expenses and lost wages. If you are disabled, you may able to collect disability payments from the government. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Construction

Accidents on the job are covered by workmen's compensation. But people who are injured on the job site who are not employed by that company, may be able to seek compensation for their medical bills, pain and suffering and lost wages, if the construction company can be shown to be negligent. one is considered negligent if they fail to exercise ordinary care or fail to act when any normal person would. If a construction company leaves torn sheets of metal on a public sidewalk without blocking access to them and someone cuts themself while trying to negotiate the public sidewalk, then the construction company failed to act to protect the public. They may be negligent. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Defective Implant Injuries

There are any number of implant issues which may cause one to file a lawsuit to recoup damages. From penile implants to breast implants to hip replacement, if you are injured due to negligence on the part of the manufacturer or the physician, then you have a right to seek damages. The breast implant has proven to be one area of women's health that has caused a huge increase in the number of cases filed. Silicone implants are suspected to be the cause of a range of diseases and maladies including joint pains, cancer and auto immune diseases like Lupus. Several suits have been filed and damages awarded, but the different sides continue to spar over the facts of the case. The industry and the litigants often cite the same material as proof that their claim holds precedence. This is a confusing area of the law and requires the advice of an expert in this type of litigation. If you feel that you are suffering from the effects of an implant, contact an expert and get relief. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Eye Injuries

The loss of your eyesight is a terribly frightening prospect and would cause permanent disability. If you lose your eyesight due to the negligence of someone else, then you may be able to recover damages for your loss. Because the loss of an eye or both eyes or sight in one or both eyes maybe a lifelong medical problem, it is essential to recover enough money to pay for the anticipated costs that you will surely incur over the course of your life. You may be able to collect for loss of wages, loss of future earnings , loss of consortium and pain and suffering. If you are injured on the job, the worker's compensation will take care of your medical expenses and lost wages. If you are disable, you may be able to collect disability payments from the government. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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FELA/Railroad Employee Protection

The F-E-L-A, also known as the Federal Employers Liability Act or simply FELA ( fay - luh) was created to protect railroad employees who are injured on the job. This system relies upon a different outlook than the workers' compensation laws in that it is a fault based system. Negligence plays a part in determining how much one is paid for an on the job injury. If the jury determines that you were fifty percent responsible for your injuries, then the award is cut by that amount. The worker protected under the FELA act can collect for past and future lost wages, mental anguish, pain and suffering and physical disfigurement. Most employees are covered by national medical insurance plans which means that payment of medical costs are not an issue under FELA. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Head & Brain Injuries

There are several symptoms a brain injury victim may experience are headache, nausea, vomiting, dizziness, double vision and ringing in the ears. While some concussions are severe enough to cause unconsciousness, many times the victim is merely dazed or 'see stars'. In the case of a mild concussion, these symptoms are usually temporary, lasting a few hours. However, after a severe blow to the head or prolonged unconsciousness these symptoms may last for several days. The victim may also experience problems with concentration and short-term memory, as well as behavioral changes with irritability. The symptoms of brain injury may sometimes not show themselves until sometime after the injury occurred.

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Heart & Lung

If your heart or your lungs are injured because of the negligence of another, you may be able to sue for damages to recoup your losses. With the ever rising cost of medical care, costs both for emergency treatment and ongoing expenses can be enormous. If an heart or lung injury is the result of someone else's negligence, you have the right to seek damages for the these damages. These damages may include payment for pain and suffering, loss of consortium, medical expenses both past and future, lost wages for the past and future and money for the trauma of physical disfigurement. How much you receive will depend upon not only the specifics of your case, but the defendant's ability to pay. Suing a pauper will get you nothing. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Herniated or Bulging Disc

A herniated or bulging disc can be felt as a sharp or burning pain down the back or side of the leg, usually going down to the ankle or foot. Numbness or tingling may also be a problem. And for many people, a herniated disc is severe enough to warrant medical treatment, or even surgery. You see, your spine is made up of bones called vertebrae. Between each vertebrae is a fluid-filled disc. This disc acts as a cushion between the bones and as a shock-absorber. Sometimes one of these discs bulges out of position and actually ruptures or breaks. This can be brought on by sudden jolts to your spine, or repeated activities that work against your spine's natural alignment.

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Motorcycles

The motorcycle accident is often one of the more deadly accidents, with injuries tending to be more serious and medical costs higher. Because motorcycles are smaller and have only one headlight. in many cases, people in automobiles have a harder time seeing them. A single headlight may be misconstrued as a pair of distant headlights, and by then, it's too late. The automobile has pulled in front of the motorcycle. Motorcyclists have the same rights as anyone on the road, and they should protect them. If a motorcycle accident is caused by someone else's negligence, the the rider may be able to sue for medical costs, lost wages and pain and suffering. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Muscle & Ligament

The serious injury of muscle and ligament due to the negligence of another may be cause for a civil suit to recover damages for your injuries. Unless the injury involves traumatic tearing, obvious destruction tissue and the loss of complete mobility, you may find it difficult to show that you are in fact injured. You know you are injured, but the tangible proof may be hard to come by. But that doesn't mean that those who are responsible won't have to pay for this injury. you may be able to collect for loss of wages, loss of future earnings, loss of consortium and pain and suffering. If you are injured on the job, then workers' compensation will take care of your medical expenses and lost wages. If you are disabled, you may be able to collect disability payments from the government. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Neck & Back

Neck and back injuries are among the most hotly debated injuries you can receive. We all know how debilitating a back or neck injury can be, the problem is finding the physical proof. If there is actual damages like a dislocated or herniated disc, it will show up on an M-R-I. Fractures are easily spotted on an X-ray. But, for people who have suffered soft tissue injuries to the neck and back, you may have to go through a fight before your medical expenses are paid for. If you can prove injury in a court of law and find someone else is negligent, then you may be able to collect for loss of wages, loss of future earnings, loss of consortium and pain and suffering. If you are injured on the job, then workers' compensation will take care of your medical expenses and lost wages. If you are disabled, you may be able to collect disability payments from the government. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Paralysis

Paralysis is a very serious injury which will be very expensive to treat. If someone's paralysis is caused by the negligence of another, then the injured party may go to civil court to recover damages for their injury. They can ask not only for the cost of emergency medical treatment, but for the foreseeable costs than can be expected in this type of injury. Paralysis will require lifelong treatment related specifically to the injury and to subsequent injuries that stem from the paralysis. You may also sue for loss of wages, loss of consortium, pain and suffering and any other expenses that result from your injury. If you are injured on the job, workers' compensation will pay for much of your medical expenses and lost wages. You will also be able to file for government disability payments. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Pedestrian

It may come as no surprise, but pedestrian injury is the second leading cause of unintentional injury-related death among children ages 5 to 14. One of the best ways to prevent pedestrian injuries is to practice and teach proper pedestrian behavior. Make eye contact with drivers prior to crossing in front of them. Don't assume that because you can see the driver, the driver can see you. Also, cross streets at a corner, using traffic signals and crosswalks whenever possible. Look left-right-left again when you're crossing a street and continue looking as you cross. Make certain you wear reflective materials and carry a flashlight at dawn and dusk. Walk facing traffic and as far to the left as possible when sidewalks are not available.

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River Boats

If you are injured while on a river boat and it is a common carrier, then they have an additional duty to protect the their customers with the highest degree of care. If you are injured, your injury will affect the rest of your life profoundly, changing how you live and your enjoyment of your life. The medical costs both for emergency treatment and ongoing expenses can be enormous. If an injury is the result of someone else's negligence, you have the right to seek damages for your losses. These damages may include payment for pain and suffering, loss of consortium, medical expenses both past and future, lost wages for the past and future and money for the trauma of physical disfigurement. How much you receive will depend upon not only the specifics of your case, but the defendant's ability to pay. Suing a pauper will get you nothing. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Swimming Pools

Swimming pools are inherently dangerous, particularly for small children. If they should fall in and you have not done everything you can to prevent a child from gaining access, then you may be liable for any injuries or even that child's death. Other injuries such as a slip and fall accident, are also common around pools. If you are injured around someone's pool as the result of someone else's negligence, then you may be able to sue and recover damages. These damages may include payment for pain and suffering, loss of consortium, medical expenses both past and future, lost wages for the past and future and money for the trauma of physical disfigurement. How much you receive will depend upon not only the specifics of your case, but the defendant's ability to pay. Suing a pauper will get you nothing. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Trains

All public carriers have a special duty to care for their passengers and this includes the train system. If you are unfortunate enough to be injured in a train accident, you may be able to sue for medical expenses, loss of wages, loss of future earnings, loss of consortium and pain and suffering. If you were injured while on a public carrier, you will be able to make the case without problem. If you are injured on the train, you should contact legal representation immediately. Do not sign anything unless you have someone who knows how to read a contract go over the document. Many insurance companies will try to get you to waive your rights. Be sure to ask for the names, addresses and phone numbers or witnesses. If you have a camera, take photos to document the scene. If you see anyone with a camera after the accident, ask if they were taking pictures and if you may get copies. The information contained in this message is general and should not be substitute for the advice and counsel of a licensed attorney.

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Unconsciousness

Unconsciousness is one injury that not many people associate with a lawsuit designed to recover damages. You may be surprised to know that loss of consciousness is often a sign of severe brain damage. It may affect the rest of your life profoundly, changing how you live and your enjoyment of your life. The medical costs both for emergency treatment and ongoing expenses can be enormous. If unconsciousness is the result of someone else's negligence, you have the right to seek damages for your losses. These damages may include payment for pain and suffering, loss of consortium, medical expenses both past and future, lost wages for the past and future and money for the trauma of physical disfigurement. How much you receive will depend upon not only the specifics of your case, but the defendant's ability to pay. Suing a pauper will get you nothing. The information contained in this message is general and should not substitute for the advice and counsel of a licensed attorney.

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Whiplash

If you've ever experienced pain and immobility due to being suddenly jolted about, such as in a car accident, then you've probably felt the result of a medical condition known as whiplash. A whiplash-type injury usually results from sudden acceleration and then deceleration of head and neck in relation to the body. Sometimes a whiplash injury doesn't come from a car accident, but can also occur during sports accidents and other vigorous physical activities. During the accident a strong whiplash-like movement of head and neck occurs suddenly first in one direction, and then immediately in the other. This kind of violent movement can lead to extreme stretching, compression and shifting of structures in the spine, ligaments, muscles, and nervous tissues... especially if a twisting motion is involved.

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