litigation Tag

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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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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U Better Not Text N Drive in LA.

The Pelican State is known for its relaxed, party-loving attitude. There’s nothing most Louisianans like better than kicking back with family and friends, having fun, eating great food, and letting loose with some fantastic jazz. But when it comes to driver safety and kids in a school zone, all that changes. Louisianans are serious about protecting their kids. In Louisiana, you cannot use your phone for any reason at all if you are driving in a school zone during school hours. Distracted Driver Laws. The fact that texting or using your cell phone while driving (i.e. “distracted driving”) is dangerous and downright negligent, should...

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How Trucking Companies Contribute to Truck Accidents.

When it comes to motor vehicle accidents and the issue of negligence, we generally think that it is the driver of the vehicle that is responsible whenever there is a crash. And for many car accidents, that may indeed be the case. But when it comes to trucking accidents—crashes involving 18-wheelers, tractor-trailers or other big, commercial vehicles—things are never quite so simple. While the truck driver can be at fault for an accident certainly, sometimes it’s not just the truck driver who failed to comply with his duty of care. Oftentimes trucking companies are responsible as well.. The Trucking Industry is Highly Regulated. Trucking...

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Just in an Accident With a Big Rig? Do This.

Getting into an accident with any kind of vehicle is upsetting. But if you are in an accident with an 18-wheeler or commercial truck that can weigh as much as 80,000 pounds, you won’t just be upset—you just might come unglued. Big rigs wreak enormous havoc when they are involved in an accident with a passenger car.  The injuries to the people in the car can be catastrophic or can result in someone’s death. Recovering from injuries received in a crash with a big rig can take months or years; if you recover at all. Accidents involving big rigs are governed by...

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The Real Dangers of Distracted Driving.

You’re driving down Interstate 10 and you hear it. That little “bing” on your phone that tells you that you have a text message.  Do you read it? Well, you know you shouldn’t. You know texting and driving is dangerous. So you tell yourself, “I won’t really read it; I’ll just take a peek….” The next thing you know, your car is careening around the highway, and you end up in a crash. The Danger is Real. According to statistics, 25% of all motor vehicle crash fatalities are caused by distracted driving (talking or texting while driving). On average, every day there are...

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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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What You Can Do To Prepare for Your Personal Injury Lawsuit.

When it comes to personal injury cases, it’s never easy trying to deal with the pain and emotional upheaval that the carelessness of another person causes. Innocent victims and their families have to face the unexpected financial, emotional and physical burdens that another’s negligence causes. On top of that, they may have to face the rigors of litigation. While never a path people want to go down, sometimes litigation is the only way innocent victims can get the compensation they deserve. It should come as no surprise that litigation is stressful. When you are also dealing with the physical, mental and emotional...

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3 Things You Should Always Tell Your Personal Injury Attorney.

If you have never worked with an attorney before, you may not understand how close and how personal the attorney-client relationship can be. You work with your attorney like a team. Your attorney is your advocate, counselor and advisor. It is your job to make sure that your attorney has all the information he/she needs to represent you zealously. Sometimes, that means telling your attorney things about yourself or the facts of your case that can make you feel embarrassed or uncomfortable. These can be things about you and your life that you probably would rather your attorney did not know. Rest...

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