litigation Tag

What is Spoilation of Evidence?

People don’t always play by the rules. Especially when to do so will cost them a lot of money. Take personal injury cases, for example. In some personal injury cases, the victim’s injuries can be catastrophic and the defendant’s negligence (carelessness; breach of duty) can be clear. Which means, if there is clear evidence showing that the defendant was negligent, it is going to cost him/her a lot of money if a judge or jury find him liable. So what happens? Well, sometimes, a defendant facing a pending lawsuit will either destroy or not save the damming evidence. When evidence that is important to...

Continue reading

Airplanes Have Them and So Do Commercial Trucks. The Commercial Truck Black Box.

In the (thankfully) rare instances when an airplane crashes, airline companies and the federal government need information to find out what went wrong, to prevent it from happening again. They do this by means of a “flight recorder” also known as a “black box.”(Why this is so when flight recorders are actually orange, is anyone’s guess.) A flight recorder is an electronic recording device that is in the aircraft. Its purpose is to record the airplane’s flight history. In the event of a crash, the information on the flight recorder can assist officials in investigating the cause of the crash. Commercial Trucks...

Continue reading

What is an “Eggshell Plaintiff”?

Sometimes in personal injury cases, it’s a toss up as to who has the worse luck: the injured victim who had a pre-existing condition and was injured in a new accident, or the guy who hit him. Why? Because of the legal concept referred to as the “eggshell” or “thin-skulled” plaintiff. What is the Eggshell Plaintiff Rule? In personal injury cases, accident victims are not entitled to compensation for any previous conditions or injuries they might have had, unless they can prove that their condition was worsened as a result of the (new) accident. This could be for physical and mental injuries, or a...

Continue reading

How a Preexisting Medical Condition or Injury Affects Your Personal Injury Case.

If you have experienced a personal injury due to the fault of someone else—whether that is a car accident, truck accident, slip and fall or the like, it is important that you understand what your legal rights are and the factors that can affect them. Having a pre-existing injury is a fact that could affect your personal injury lawsuit. Pre-existing Injury A pre-existing injury or medical condition is just what it says: an injury or medical condition that you had before incurred the new injury or medical condition that is the subject of your lawsuit. While having a pre-existing injury or medical condition...

Continue reading

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...

Continue reading

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...

Continue reading

Invasion of Privacy and Personal Injury Claims

Living in the modern digital age is a great thing. Social media puts us in instant contact with our friends and people all around the world. It’s great. That is, until it isn’t. Social media gone bad can have devastating impacts. It can also lead to lawsuits. Social Media, Invasions of Privacy and Personal Injury Privacy invasions have been alleged due to a number of social media activities. In one case, a paramedic alleged her privacy was invaded by her company which fired her for posting a comment on Facebook saying she wanted to “slap” a patient that needed restraining. In another...

Continue reading

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...

Continue reading

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...

Continue reading

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...

Continue reading