Personal Injury

Can You Get A Brain Injury From a Slow-Speed Rear-End Collision?

Many times we dismiss “fender-benders” or slow-speed rear-end collisions as not “really all that bad” or as “nothing serious.”  While at first slow-speed collisions may not seem all that serious, sometimes the injuries sustained from such a crash can be very serious. Here’s why. Because You Can Get A Brain Injury From a Slow-Speed Rear-End Collision While we normally think of brain injuries as occurring as part of a high-impact car or truck accident, the truth is that you can get a brain injury from a slow-speed rear-end collision. Why? Because when the head is suddenly tossed back and forth—as happens when you get hit...

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Think the Insurance Adjuster is Your Friend? Think Again.

Whenever you are injured because of someone else’s negligence, and you file a claim to recover for your damages, it is more than likely that you will be dealing with some type of insurance company. It doesn’t matter whether you were injured in a car accident or in a slip and fall on private or public property, or whether your claim involves medical malpractice. Some kind of insurer will be handling the case for the at-fault party. “Well, so what?”, you may be asking. Here’s what. Insurance Adjuster’s Perspective vs. Your Perspective As soon as you file a personal injury claim an insurance adjuster...

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Attractive Nuisance and Premises Liability. What Is it?

People get hurt in all kinds of ways and in all kinds of places.  Sometimes, the danger can be as close as your own back yard. Premises Liability In law, the general rule is that all property owners must maintain their property in a reasonably safe condition so that people entering on the property will not get hurt. If they don’t, then the property owner can be liable for any injuries that occur on their premises. This is the legal theory called, “premises liability.” A property owner’s duties depend on the laws of the state, of course, but also on the “status” of...

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4 Things You Can Do To Improve Your Chances of a Successful Recovery for Your Personal Injury Case

If you have been injured because of another person’s negligence, you don’t want to do anything that may jeopardize your ability to recover from the at-fault person for the damage you have suffered. While you may not like the idea of having to pursue a legal action, the truth of the matter is that it is fundamentally unfair for an innocent victim to be forced to bear not only the physical and emotional burden of often life-altering and permanent injuries that arise out of someone else’s negligence, but the financial burden as well. When you take the steps you need to...

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Who Are Potential Defendants in a Toxic Tort Case?

In most civil litigations, there is generally one plaintiff and one defendant. In toxic tort cases, however, it’s not like that. Toxic Tort Cases A toxic tort is a legal claim that is made when a person is harmed by exposure to a dangerous substance, like asbestos, pharmaceutical drugs, pesticides or harmful chemicals. In toxic tort cases, the plaintiff (i.e., the person harmed) sues to recover damages (to pay for medical bills, treatment, etc.) for the harm that the exposure did to them. Figuring out who is responsible for the plaintiff’s damage can be very difficult. Which is why, in most toxic tort...

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#Think Before You Post (Social Media and its Impact on Your Personal Injury Case)

Facebook has over 1 billion users around the world. Twitter has approximately 31 million users and Instagram has been the fastest growing social channel for several years. Using social media has become a fundamental part of the lives of most people around the world. But if you are involved in personal injury litigation, using social media could be the worst thing you could do. Why? Because when you are pursuing a personal injury case, anything you post on social media could be used against you during your case. Even a seemingly harmless post could be detrimental to your case. Defense Attorneys, Insurance Adjusters and...

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Children and Traumatic Brain Injury

Among some of the most difficult injuries to diagnose, treat or prove in a personal injury case, are brain injuries. Unfortunately, children are among those who are the most at risk for a traumatic brain injury (“TBI”). Children and Brain Injuries Playing school sports is one way in which children frequently incur brain injuries. These injuries can be anything from a mild concussion to a severe blow to the head that causes the child to lose consciousness. According to the Centers for Disease Control and Prevention (CDC), in 2009, almost 250,000 children and adolescents aged 19 and younger received treatment for sports...

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The Dangers of a Concussion

A boxer goes down after a mighty blow to the head. Two football players bump helmets during a tackle or head-first fall. You’re involved in a head-on collision. Each one of these situations can cause a concussion. Concussions Do Serious Damage to the Brain A concussion is a form of traumatic brain injury (“TBI”). It is an injury to the brain that affects thinking and other aspects of cognitive function. According to the American Society of Neuroradiology, 75% of all TBIs are concussions. Some concussions can be recovered from in a matter of days, but most take 3 weeks or more. Some of...

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Common Claims in Toxic Tort Cases.

What can you do if you are exposed to, or injured by, a pharmaceutical drug, chemical, asbestos, black mold, oil spill, pesticide or other harmful substance? With the exception of any claim covered exclusively by worker’s compensation, the answer is that you may be able to bring a legal action to recover for your injuries. Personal injury cases that seek redress for exposure to, and harm caused by, toxic substances are called “toxic tort” litigations. A “toxic tort” is a legal claim for harm caused by exposure to a dangerous substance. Toxic Tort Cases. The specific elements that a plaintiff must prove in a...

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A Brief Examination of Independent Medical Examinations.

There is a part of all civil cases, called “discovery,” where each party (i.e., the plaintiff and the defendant) gathers information about the other side’s case—i.e., what documents they have and what testimony they will present at trial. The discovery procedures form a part of civil procedure. These procedures give each party to a lawsuit a number of tools that they can use to find out as much as possible about the other side’s case prior to trial. The purpose of the discovery tools is to encourage settlement by allowing a full exchange of information. Some of the discovery tools commonly used...

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