If you are injured in an accident, the option of bankruptcy may seem tempting. Unfortunately, many accident victims go this route without understanding how it will affect their personal injury claims. Filing for bankruptcy can have a serious—and sometimes devastating—effect on a personal injury claim, which can take you by surprise if you do not understand the interplay between the …
Children’s Injuries – The Causes May Not Be What You Think
As devastating and damaging as injuries to adults can be, injuries to children can be even more difficult to deal with. There is an inherent contradiction in children, in that they are the segment of society we are committed to protect, yet by their very nature and activities, children are often more likely to sustain personal injuries than adults. That …
Insurance Can Be of Vital Importance in Personal Injury Cases
Most lawsuits involving personal injuries after an accident involve two sides: The person (or people) who were injured, and the people or companies who were negligent and caused the accident and injury. But hidden beneath the surface of Jane Victim vs. John Negligent Party is the role of the insurance carrier. Many do not realize just how important an insurance …
Medical Malpractice for Failure to Diagnose A Stroke
We trust our treating physicians to act diligently and properly, especially when we see them in an emergency situation. Medicine is difficult and often an imprecise science, but we nonetheless expect doctors to do what a prudent and reasonable doctor would do in the same situation the treating doctor is in. Failure to diagnose a stroke can be a huge …
Underinsured / Uninsured Motorist Coverage Can Be Invaluable
Florida insurance laws, especially as relates to automobiles, can be a tangled confusing mess of coverage types, misconceptions, and legalities, which tend to get even more confusing when consumers are confronted with agents who may not be misrepresenting coverages properly and insurance policies that read like hieroglyphics. When it comes to automobile insurance, the type of insurance you have and …
Food Poisoning or Contamination at Restaurants
A lot of injuries happen at restaurants. One of the most common is food poisoning. According to the Centers for Disease Control and Prevention (CDC), about 48 million of us get sick from contaminated foods every year. However, it can be quite difficult to prove that a particular dinner at a particular restaurant was at fault for making you sick. …
The Role of Expert Witnesses in Personal Injury Cases
In the courtroom setting, an expert witness is a person who possesses specialized knowledge, training, skill, and/or experience related to the case and who testifies based on that knowledge, training, skill, or experience to give the jurors and judge a clearer understanding of factors necessary to reach a verdict. Expert witnesses, in general, help to clarify when complicated technical issues …
Vicarious Liability
Let’s say you were driving in traffic, minding the road, and following the rules, when you are rear-ended by a bread delivery van. Who is at fault? You would be wise in assuming that the van’s driver is at fault, but the driver’s employer, in this case a bakery, may also be at fault under the legal concept of “vicarious …
Causation in Personal Injury Cases
A “proximate cause” is a legal term for the closest reason why the bad thing happened. In the context of personal injury cases, a plaintiff must prove that the defendant’s negligence was the closest reason why she was injured. The closest reason is distinguished from other possible reasons for the injury. For example, if you were struck by another vehicle …
When Do I Need to Hire an Attorney After a Car Accident?
When is it smart to hire an attorney after a car accident? If there was no injury in the accident, you probably do not need an attorney. For minor injuries that heal quickly and do not significantly interfere with life, you probably do not need an attorney, but make sure that a doctor has confirmed the true extent of your …