Top 5: Doctors Most Often Sued

via Tumblr hobbsr04.tumblr.com/post/136355695257 There are over 150,000 medical malpractice lawsuits filed annually. A recent survey of 4,000 doctors found that nearly half, or 47 percent, were named in such a lawsuit. So, obviously lots of doctors are getting sued. But some kinds of doctors get sued more than others, and surgeons are particularly susceptible. Here is a list of the top five types of doctors most likely to be subject to litigation, according to CBS News. Top 5 Targeted Doctors 1. Neurosurgeons: Brain surgery, like rocket science, is not supposed to be easy. Not everyone is cut out to be a surgeon and few do the highly delicate work of neurosurgeons. More than any other type of doctor, they are medical malpractice lawsuit targets, sued at a rate of nearly 20 percent a year, or one in five. 2. Thoracic-Cardiovascular Surgeons: Doctors who specialize in surgery of the esophagus and heart do not have it easy either. They are sued at a rate of 18.9 percent a year. 3. General Surgeons: All kinds of surgeons get sued, not just the specialists, and this applies to general surgeons. They are sued at a rate of slightly more than 15 percent a year. That means that more than one in ten general surgeons a year face lawsuits for medical malpractice. 4. Orthopedic Surgeons: From head to toe, it’s tough on surgeons when it comes to litigation. Doctors who specialize in foot surgery are sued at a rate of more than 14 percent a year. 5. Plastic Surgeons: Sometimes plastic surgery is medically necessary or done to repair damage from an accident, so those who specialize in this field do not all engage in purely elective surgeries. Like other surgeons, these specialists are highly likely to get sued, and do at a rate of nearly 13 percent. No One Is Exempt Beyond the surgeons, doctors are sued for all kinds of medical malpractice. People trust these professionals with their bodies and when that duty of care is breached, patients want justice. If you have been injured by a doctor or healthcare provider, speak to a lawyer. Many attorneys consult for free. Get help. Get your claim assessed. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Proving Fault in Medical Malpractice Cases (FindLaw) State Law Summaries: Medical Malpractice and Reform (FindLaw) from Injured blogs.findlaw.com/injured/2015/12/top-5-doctors-most-ofte... via Blogger hobbsr04.blogspot.com/2015/12/top-5-doctors-most-often-su...

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Top 5: Doctors Most Often Sued

There are over 150,000 medical malpractice lawsuits filed annually. A recent survey of 4,000 doctors found that nearly half, or 47 percent, were named in such a lawsuit. So, obviously lots of doctors are getting sued.

But some kinds of doctors get sued more than others, and surgeons are particularly susceptible. Here is a list of the top five types of doctors most likely to be subject to litigation, according to CBS News.

Top 5 Targeted Doctors

1. Neurosurgeons: Brain surgery, like rocket science, is not supposed to be easy. Not everyone is cut out to be a surgeon and few do the highly delicate work of neurosurgeons. More than any other type of doctor, they are medical malpractice lawsuit targets, sued at a rate of nearly 20 percent a year, or one in five.

2. Thoracic-Cardiovascular Surgeons: Doctors who specialize in surgery of the esophagus and heart do not have it easy either. They are sued at a rate of 18.9 percent a year.

3. General Surgeons: All kinds of surgeons get sued, not just the specialists, and this applies to general surgeons. They are sued at a rate of slightly more than 15 percent a year. That means that more than one in ten general surgeons a year face lawsuits for medical malpractice.

4. Orthopedic Surgeons: From head to toe, it’s tough on surgeons when it comes to litigation. Doctors who specialize in foot surgery are sued at a rate of more than 14 percent a year.

5. Plastic Surgeons: Sometimes plastic surgery is medically necessary or done to repair damage from an accident, so those who specialize in this field do not all engage in purely elective surgeries. Like other surgeons, these specialists are highly likely to get sued, and do at a rate of nearly 13 percent.

No One Is Exempt

Beyond the surgeons, doctors are sued for all kinds of medical malpractice. People trust these professionals with their bodies and when that duty of care is breached, patients want justice.

If you have been injured by a doctor or healthcare provider, speak to a lawyer. Many attorneys consult for free. Get help. Get your claim assessed.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Proving Fault in Medical Malpractice Cases (FindLaw)
• State Law Summaries: Medical Malpractice and Reform (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/12/top-5-doctors-most-often-sued.html

10 Signs of Potential Nursing Home Abuse

via Tumblr hobbsr04.tumblr.com/post/136293130347 The Department of Justice estimates that one in ten elderly people are abused each year. The abuse takes many forms — financial, sexual, mental, and physical. If you have a parent or loved one in elder care, you need to be aware of ways they may be in danger. We do not want to believe that people we trust to care for our aged would harm them. But the elderly are very vulnerable when they are in nursing homes and visitors should be vigilant. Neglect and abuse occur. Here are some signs to help you spot care gone wrong. Signs of Nursing Home Neglect Not all of the issues listed below are necessarily caused by neglect or abuse. But knowing what to watch out for is helpful, and if you see many of these signs manifesting, it may be time to do more than just question and call for help. Sudden weight loss Bedsores, or pressure ulcers Injuries from nursing home falls Dehydration Malnutrition Withdrawal or changes in behavior Lack of personal hygiene or changes to appearance Limited exchange with staff Limited socialization with nursing home residents Environmental hazards, including poor lighting, slippery floors, unsafe equipment or furniture Elder Abuse Elder abuse is unfortunately common and particularly difficult to uncover. What if a medical provider is billing for care it is not providing? How do you know if your aunt just slipped and fell because she is old and frail or if the nursing home has really neglected its duties? You can rarely be sure but it is better to be safe than sorry if you see some warning sign of neglect or abuse. Speak to the staff and don’t accuse. But do try to ascertain what is happening and to signal that you are engaged and aware. Make it clear that someone cares what happens to this elderly person. And if necessary, speak to authorities. Speak to a Lawyer If you believe that someone you know is being abused in a nursing home, speak to an attorney. Counsel will consult with you, hear your story, and assess your claim. Get help. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) End of Life Issues (FindLaw) What Does an Elder Law Attorney Do? (FindLaw) from Injured blogs.findlaw.com/injured/2015/12/10-signs-of-potential-n... via Blogger hobbsr04.blogspot.com/2015/12/10-signs-of-potential-nursi...

via Flickr http://www.flickr.com/photos/87814799@N02/23779590360

10 Signs of Potential Nursing Home Abuse

The Department of Justice estimates that one in ten elderly people are abused each year. The abuse takes many forms — financial, sexual, mental, and physical. If you have a parent or loved one in elder care, you need to be aware of ways they may be in danger.

We do not want to believe that people we trust to care for our aged would harm them. But the elderly are very vulnerable when they are in nursing homes and visitors should be vigilant. Neglect and abuse occur. Here are some signs to help you spot care gone wrong.

Signs of Nursing Home Neglect

Not all of the issues listed below are necessarily caused by neglect or abuse. But knowing what to watch out for is helpful, and if you see many of these signs manifesting, it may be time to do more than just question and call for help.

• Sudden weight loss
• Bedsores, or pressure ulcers
• Injuries from nursing home falls
• Dehydration
• Malnutrition
• Withdrawal or changes in behavior
• Lack of personal hygiene or changes to appearance
• Limited exchange with staff
• Limited socialization with nursing home residents
• Environmental hazards, including poor lighting, slippery floors, unsafe equipment or furniture

Elder Abuse

Elder abuse is unfortunately common and particularly difficult to uncover. What if a medical provider is billing for care it is not providing? How do you know if your aunt just slipped and fell because she is old and frail or if the nursing home has really neglected its duties?

You can rarely be sure but it is better to be safe than sorry if you see some warning sign of neglect or abuse. Speak to the staff and don’t accuse. But do try to ascertain what is happening and to signal that you are engaged and aware. Make it clear that someone cares what happens to this elderly person. And if necessary, speak to authorities.

Speak to a Lawyer

If you believe that someone you know is being abused in a nursing home, speak to an attorney. Counsel will consult with you, hear your story, and assess your claim. Get help.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• End of Life Issues (FindLaw)
• What Does an Elder Law Attorney Do? (FindLaw)
  

from Injured http://blogs.findlaw.com/injured/2015/12/10-signs-of-potential-nursing-home-abuse.html

Pet Liability Primer: Car Accidents, Contracts, and More

via Tumblr hobbsr04.tumblr.com/post/136218016147 You love your pets very much. They’re good friends. So when they are injured somehow — whether hit by a driver, mistreated by a caregiver, or neglected at the pet hotel — you want someone to pay for what did, or did not, happen. You wish to bring a lawsuit. Can you? Yes. Whether your suit will succeed of course depends on the facts and what kinds of claims you make. Who, if anyone, is liable for the animal injury depends how the creature was hurt. Negligence and Animal Accidents If your pet is out with a dog-walker and is hit by a car, you may choose to sue both the driver and any business your dog-walker is affiliated with. Pet professionals carry liability insurance and are acutely aware of the fact that they can be sued. But there are of course other kinds of accidents that can happen when your pet is in the care of another. Perhaps you leave Fido at a pet hotel while you are on your person vacation and when you return he is sick, as happens to all creatures. You want the business to pay for your veterinary bills and more. Whatever the context, negligence suits arising from pet in jury do occur all the time. But keep in mind that, although you love your animals like family, they don’t have human rights. Actually, they are poperty. You may not be entitled to the extent of damages you imagined. Breach of Pet Contracts If you bought a pet from a breeder, say, you may also have claims for breach of contract if the animal is somehow not as claimed or if you were deliberately misled by the seller. Similarly, if you are induced into another type of agreement based on false claims — whether for pet care or veterinary treatment — you might make breach of contract claims. Talk to a Lawyer If you want to sue for animal injury or put a pet inheritance in your will, get help. Speak to a lawyer. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Owning a Home: Noise and Pet Restrictions (FindLaw) Online Puppy Scams On the Rise (FindLaw’s Common Law) Pet Sitting Unleashes Potential Liability (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/12/pet-liability-primer-ca... via Blogger hobbsr04.blogspot.com/2015/12/pet-liability-primer-car-ac...

via Flickr http://www.flickr.com/photos/87814799@N02/23758900350

Pet Liability Primer: Car Accidents, Contracts, and More

You love your pets very much. They’re good friends. So when they are injured somehow — whether hit by a driver, mistreated by a caregiver, or neglected at the pet hotel — you want someone to pay for what did, or did not, happen. You wish to bring a lawsuit. Can you?

Yes. Whether your suit will succeed of course depends on the facts and what kinds of claims you make. Who, if anyone, is liable for the animal injury depends how the creature was hurt.

Negligence and Animal Accidents

If your pet is out with a dog-walker and is hit by a car, you may choose to sue both the driver and any business your dog-walker is affiliated with. Pet professionals carry liability insurance and are acutely aware of the fact that they can be sued.

But there are of course other kinds of accidents that can happen when your pet is in the care of another. Perhaps you leave Fido at a pet hotel while you are on your person vacation and when you return he is sick, as happens to all creatures. You want the business to pay for your veterinary bills and more.

Whatever the context, negligence suits arising from pet in jury do occur all the time. But keep in mind that, although you love your animals like family, they don’t have human rights. Actually, they are poperty. You may not be entitled to the extent of damages you imagined.

Breach of Pet Contracts

If you bought a pet from a breeder, say, you may also have claims for breach of contract if the animal is somehow not as claimed or if you were deliberately misled by the seller. Similarly, if you are induced into another type of agreement based on false claims — whether for pet care or veterinary treatment — you might make breach of contract claims.

Talk to a Lawyer

If you want to sue for animal injury or put a pet inheritance in your will, get help. Speak to a lawyer.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Owning a Home: Noise and Pet Restrictions (FindLaw)
• Online Puppy Scams On the Rise (FindLaw’s Common Law)
• Pet Sitting Unleashes Potential Liability (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/12/pet-liability-primer-car-accidents-contracts-and-more.html

Hoverboard Injuries -- Do You Have a Case?

via Tumblr hobbsr04.tumblr.com/post/136203078712 It doesn’t matter that they don’t hover or that they’re not boards – everyone is calling them hoverboards and a whole lot of people are getting injured on them. From simple falls to bursting into flames, these Segway minis are proving to be 2015’s most dangerous Christmas gift. So if you’re injured on a so-called hoverboard, could you have a product liability case? Hover Liability Product liability law is based on the premise that manufacturers have a duty to ensure that their products are safe and they can therefore be held strictly liable if a person is injured by their product. Product liability claims involving hoverboards would generally fall into one of three main categories, each claiming the hoverboard was defective in some way: Design Defects: Claims that the hoverboard’s design was flawed in some way, rendering it unreasonably dangerous to riders; Manufacturing Defects: Claims that the hoverboard was manufactured in a way that dangerously departed from the intended design; or Warning Defects: Claims that the hoverboard lacked adequate instructions or warnings, without which the product was not reasonably safe. A hoverboard could have been poorly designed, improperly manufactured, or lacked satisfactory warnings, leading to injuries or property damage. If this occurs, the hoverboard manufacturer could be liable. Rider Liability But what if you weren’t the one on the hoverboard when you got hurt? If someone else ran into you with their hoverboard or otherwise caused damage to your property, you could have a negligence claim against the rider. While accidents can and do happen, negligence claims arise when a person’s carelessness or recklessness causes the accident and injuries occur. If a person was speeding down a crowded sidewalk on a hoverboard, failed to read or follow the directions, or was riding a hoverboard where they are prohibited, they could be liable for any injuries they cause. Proving fault in product liability and negligence cases can be complicated. If you’ve been injured on or by a hoverboard, you may want to consult with an experienced personal injury attorney about your case. Related Resources: Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury) Defective Products and Products Liability (FindLaw’s Injured) Are Segways Safe? (FindLaw’s Injured) Segway Accident Victim Wins $10M Jury Award (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/12/hoverboard-injuries-do-... via Blogger hobbsr04.blogspot.com/2015/12/hoverboard-injuries-do-you-...

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Hoverboard Injuries -- Do You Have a Case?

It doesn't matter that they don't hover or that they're not boards -- everyone is calling them hoverboards and a whole lot of people are getting injured on them. From simple falls to bursting into flames, these Segway minis are proving to be 2015's most dangerous Christmas gift.

So if you're injured on a so-called hoverboard, could you have a product liability case?

Hover Liability

Product liability law is based on the premise that manufacturers have a duty to ensure that their products are safe and they can therefore be held strictly liable if a person is injured by their product. Product liability claims involving hoverboards would generally fall into one of three main categories, each claiming the hoverboard was defective in some way:

1. Design Defects: Claims that the hoverboard's design was flawed in some way, rendering it unreasonably dangerous to riders;
2. Manufacturing Defects: Claims that the hoverboard was manufactured in a way that dangerously departed from the intended design; or
3. Warning Defects: Claims that the hoverboard lacked adequate instructions or warnings, without which the product was not reasonably safe.

A hoverboard could have been poorly designed, improperly manufactured, or lacked satisfactory warnings, leading to injuries or property damage. If this occurs, the hoverboard manufacturer could be liable.

Rider Liability

But what if you weren't the one on the hoverboard when you got hurt? If someone else ran into you with their hoverboard or otherwise caused damage to your property, you could have a negligence claim against the rider.

While accidents can and do happen, negligence claims arise when a person's carelessness or recklessness causes the accident and injuries occur. If a person was speeding down a crowded sidewalk on a hoverboard, failed to read or follow the directions, or was riding a hoverboard where they are prohibited, they could be liable for any injuries they cause.

Proving fault in product liability and negligence cases can be complicated. If you've been injured on or by a hoverboard, you may want to consult with an experienced personal injury attorney about your case.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• Defective Products and Products Liability (FindLaw's Injured)
• Are Segways Safe? (FindLaw's Injured)
• Segway Accident Victim Wins $10M Jury Award (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/12/hoverboard-injuries-do-you-have-a-case.html

Can I Sue for Mortuary or Funeral Home Negligence?

via Tumblr hobbsr04.tumblr.com/post/136172638297 The law recognizes that death is sacred and that it is not to be treated lightly. Society reserves death as the most severe punishment for its worst criminal law offenders and it recognizes that neglect in the context of death is particularly egregious. Funeral home negligence does happen and you can sue when a mortuary mishandles a corpse. What Is Mortuary Negligence? A mortuary or funeral home has a duty to care for bodies entrusted to the business. If — intentionally or accidentally — something happens to a corpse, and the business was negligent, you can sue. A mortuary can be intentionally negligent by selling organs or burying bodies on top of each other to make more money on less space. Or a funeral home can accidentally ship the wrong body to the wrong family or accidentally prepare the wrong body for a viewing. All of these things have happened and resulted in lawsuits. How Do I Prove Negligence? To prove the funeral home was negligent in its care of a corpse, you will have to show four elements - duty, breach, causation, and harm (also known as damages). Specifically, you will show the funeral home owed you a duty of care with respect to treatment of the corpse, that it breached that duty thereby causing you injury that is compensable. What Kind of Damages Are Available? Torts law recognizes that in the context of death, a mistake can be very shocking indeed. So, say you receive a coffin from Connecticut meant to contain your cousin’s corpse but instead you find some strange guy in there, this might cause you a severe emotional shock that warrants monetary damages. If the funeral home deliberately did this, you might even seek punitive damages, added money that just punishes the act. Most commonly in negligence cases, plaintiffs recover for actual past expenses, reasonably foreseeable future costs associated with the harm, and similar losses. But neglect of a dead body is definitely a basis for claiming emotional distress. Consult With Counsel Every case differs and no attorney can anticipate what facts might impact your lawsuit. The best thing to do if you have been injured by the mishandling of a body by a mortuary, is to speak to an attorney. Many lawyers will even consult with you and assess your case at no cost. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Alabama Funeral Home Lost Woman’s Body (FindLaw’s Injured) Funeral Home Buries Wrong Woman in Mix Up (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/12/can-i-sue-for-mortuary-... via Blogger hobbsr04.blogspot.com/2015/12/can-i-sue-for-mortuary-or-f...

via Flickr http://www.flickr.com/photos/87814799@N02/23412588144

Can I Sue for Mortuary or Funeral Home Negligence?

The law recognizes that death is sacred and that it is not to be treated lightly. Society reserves death as the most severe punishment for its worst criminal law offenders and it recognizes that neglect in the context of death is particularly egregious.

Funeral home negligence does happen and you can sue when a mortuary mishandles a corpse.

What Is Mortuary Negligence?

A mortuary or funeral home has a duty to care for bodies entrusted to the business. If — intentionally or accidentally — something happens to a corpse, and the business was negligent, you can sue.

A mortuary can be intentionally negligent by selling organs or burying bodies on top of each other to make more money on less space. Or a funeral home can accidentally ship the wrong body to the wrong family or accidentally prepare the wrong body for a viewing. All of these things have happened and resulted in lawsuits.

How Do I Prove Negligence?

To prove the funeral home was negligent in its care of a corpse, you will have to show four elements - duty, breach, causation, and harm (also known as damages). Specifically, you will show the funeral home owed you a duty of care with respect to treatment of the corpse, that it breached that duty thereby causing you injury that is compensable.

What Kind of Damages Are Available?

Torts law recognizes that in the context of death, a mistake can be very shocking indeed. So, say you receive a coffin from Connecticut meant to contain your cousin’s corpse but instead you find some strange guy in there, this might cause you a severe emotional shock that warrants monetary damages. If the funeral home deliberately did this, you might even seek punitive damages, added money that just punishes the act.

Most commonly in negligence cases, plaintiffs recover for actual past expenses, reasonably foreseeable future costs associated with the harm, and similar losses. But neglect of a dead body is definitely a basis for claiming emotional distress.

Consult With Counsel

Every case differs and no attorney can anticipate what facts might impact your lawsuit. The best thing to do if you have been injured by the mishandling of a body by a mortuary, is to speak to an attorney. Many lawyers will even consult with you and assess your case at no cost.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Alabama Funeral Home Lost Woman’s Body (FindLaw’s Injured)
• Funeral Home Buries Wrong Woman in Mix Up (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/12/can-i-sue-for-mortuary-or-funeral-home-negligence.html

When Can I Sue My Orthopedic Surgeon?

Advancements in orthopedic surgery mean that athletes can return to playing after devastating injuries and the rest of us can live without chronic pain from damaged bones, muscles, ligaments, and tendons. But not all orthopedic surgeries result in miraculous recoveries.

So are orthopedic surgeons legally liable if you can’t return to your sport or life at 100 percent? And where do courts draw the line between a bad surgeon and a bad result?

Musculoskeletal Injuries and Malpractice

Doctors and other medical professionals are held to a certain standard of care for medical treatment and surgery and must treat patients with the same level of skill, expertise, and care as physicians in the same or similar community under similar circumstances. If they fail to meet that standard, they can be sued for medical malpractice.

In the context of orthopedic surgery, surgeons and their staff must be competent in their diagnosis and treatment of musculoskeletal injuries. If an orthopedic surgeon misdiagnoses an injury, is grossly negligent during surgery, operates without your informed consent, or otherwise causes you further injury, you may be able to sue for medical malpractice.

Ligaments and Legal Liability

Just because you can’t run as fast or lift as much as you could prior to orthopedic surgery doesn’t necessarily mean your surgeon is liable for medical malpractice. Malpractice liability isn’t premised on the recovery as much as it is on the surgery itself.

You would need to prove that your orthopedic surgeon breached the standard of care and that you were further injured as a result. For instance, if a surgeon repairs a knee ligament injury and it takes longer to recover than expected, that could be due to a variety of factors and your surgeon may not be at fault. But if your ligament is injured again because the surgeon didn’t repair it properly, you may have a case.

Medical malpractice claims can be complicated, especially involving highly technical or specialized surgeries. If you think your orthopedic surgeon has caused you further injury, you may want to consult with an experienced personal injury attorney about your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Medical Malpractice Legal Help (FindLaw)
• Medical Malpractice: First Steps of a Case (FindLaw’s Injured)
• Legal How-To: Proving an Injury (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/12/when-can-i-sue-my-orthopedic-surgeon.html

Sue the Government for Salt Damage to My Car?

via Tumblr hobbsr04.tumblr.com/post/135897942757 So you are sick of the damage to your car that comes with snowy winters and salted roads and you are not going to take it anymore! You’re ready to sue someone for this tort, someone like the city, and the county, and the state. It can be done, but there are a few things you should know first. Making a Claim While authorities are responsible for wrongs caused by their negligence and you can sue local government with some limitations, there are many obstacles to a case against a municipality for damage to your car from snowy roads. Lawsuits against government entities have some special wrinkles. Suing federal, state, or even local government usually involves an initial claim. A notice of potential injury lawsuit is filed, making the target of the stated suit aware of accusations. So, you must first figure out who is responsible for maintenance of the roadways that caused the damage to your car and direct the claim that way; there may be more than one entity involved. This notice is called a claim and it allows the government to respond before a suit is filed. Perhaps the claim is valid on its face and the entity moves to settle immediately, on the basis of the initial notice alone. But that is rare and not likely to happen in a salt damage suit unless something truly outrageous happened to your car, which is not out of the question if there was negligence in the maintenance of the roads. Statute of Limitations There are time limits for filing a claim, so when you decide to do it, act fast. Statutes of limitation are laws that determine how long a plaintiff has before a claim is stale. These laws exist to limit the extent of liability and also for evidence purposes, so that cases don’t become impossible to prove because the information is too old. Sovereign Immunity Governments have sovereign immunity, a kind of shield carried over from British notions about the king’s liability. What that means today is that if your claim is rejected, you may have difficulty continuing with your case. The authorities must submit to a suit and can claim sovereign immunity if they do not wish to and have acted reasonably. That said, you can still give your salt damage lawsuit a try, especially if you have experienced serious injury to your car as a result. Get a Lawyer Many lawyers will consult for free and you will almost certainly find someone willing to bet on a suit against the government if there seems to be a legitimate claim. In any case, many attorneys consult for free, so consider speaking to one about your complaints. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Conditions Leading to Outdoor Slip and Fall Accidents (FindLaw) Premises Liability FAQ (FindLaw) from Injured blogs.findlaw.com/injured/2015/12/can-i-sue-the-governmen... via Blogger hobbsr04.blogspot.com/2015/12/sue-government-for-salt-dam...

via Flickr http://www.flickr.com/photos/87814799@N02/23932838506

Sue the Government for Salt Damage to My Car?

So you are sick of the damage to your car that comes with snowy winters and salted roads and you are not going to take it anymore! You’re ready to sue someone for this tort, someone like the city, and the county, and the state.

It can be done, but there are a few things you should know first.

Making a Claim

While authorities are responsible for wrongs caused by their negligence and you can sue local government with some limitations, there are many obstacles to a case against a municipality for damage to your car from snowy roads. Lawsuits against government entities have some special wrinkles.

Suing federal, state, or even local government usually involves an initial claim. A notice of potential injury lawsuit is filed, making the target of the stated suit aware of accusations. So, you must first figure out who is responsible for maintenance of the roadways that caused the damage to your car and direct the claim that way; there may be more than one entity involved.

This notice is called a claim and it allows the government to respond before a suit is filed. Perhaps the claim is valid on its face and the entity moves to settle immediately, on the basis of the initial notice alone. But that is rare and not likely to happen in a salt damage suit unless something truly outrageous happened to your car, which is not out of the question if there was negligence in the maintenance of the roads.

Statute of Limitations

There are time limits for filing a claim, so when you decide to do it, act fast. Statutes of limitation are laws that determine how long a plaintiff has before a claim is stale. These laws exist to limit the extent of liability and also for evidence purposes, so that cases don’t become impossible to prove because the information is too old.

Sovereign Immunity

Governments have sovereign immunity, a kind of shield carried over from British notions about the king’s liability. What that means today is that if your claim is rejected, you may have difficulty continuing with your case.

The authorities must submit to a suit and can claim sovereign immunity if they do not wish to and have acted reasonably. That said, you can still give your salt damage lawsuit a try, especially if you have experienced serious injury to your car as a result.

Get a Lawyer

Many lawyers will consult for free and you will almost certainly find someone willing to bet on a suit against the government if there seems to be a legitimate claim. In any case, many attorneys consult for free, so consider speaking to one about your complaints.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Conditions Leading to Outdoor Slip and Fall Accidents (FindLaw)
• Premises Liability FAQ (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/12/can-i-sue-the-government-for-salt-damage-to-my-car.html

Legal How-To: Challenging a Subpoena in a Personal Injury Case

via Tumblr hobbsr04.tumblr.com/post/135808592352 A subpoena is a demand that a person or thing to appear or be shown in a court case. When you receive a subpoena, it is essentially a court order. If you receive a subpoena to produce something, be it a DNA sample, blood test information, computer files, photos, or medical records you are, likewise, being ordered to produce that thing. In a personal injury case each party will make a Request for Production (RFP) using the applicable rules of civil procedure. The details of the rules will vary from state to state. But, generally speaking, court procedures provide means for parties to both seek information and challenge requests for information. You can challenge a subpoena by filing a motion to quash the subpoena. Challenging a Subpoena The precise procedure will depend on where the lawsuit is happening. The grounds, or basis, for your challenge to the subpoena will also vary — you may challenge a request for evidence that is insufficiently specific or intrudes on privacy rights. For example, when TV sportscaster Erin Andrews sued Marriott Hotels after a stalker secretly filmed her through a peephole, the hotel chain sought a slew of records that Andrews claimed were unrelated to her case, including medical records and payroll records, contracts, performance reviews, any disciplinary reports, and other employment information. Andrews moved to quash these subpoenas, arguing that they intruded on her privacy and were oppressive in their extent. A motion to quash a subpoena is appropriate whenever a party to a lawsuit seeks information that is irrelevant. However, plaintiffs and defendants often disagree on what is relevant, and discovery rules do provide for, well … discovery. What that means is that a court may be convinced of the need for some information if the requesting party can show a need and sometimes things that do not seem strictly related to a case may survive a motion to quash. Consult With Counsel If you have received a subpoena in a personal injury suit and wish to challenge it, speak to your lawyer about a motion to quash. If you are not represented and have been subpoenaed, speak to an attorney before contacting the requested parties. Whatever your position, it is always better to be informed. Many attorneys will consult about a case at no cost. Talking to someone can help you assess your situation before you commit to representation. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Getting Medical Records for Your Case (FindLaw) Attorney Injury Intake Questionnaire (FindLaw) from Injured blogs.findlaw.com/injured/2015/12/legal-how-to-challengin... via Blogger hobbsr04.blogspot.com/2015/12/legal-how-to-challenging-su...

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Legal How-To: Challenging a Subpoena in a Personal Injury Case

A subpoena is a demand that a person or thing to appear or be shown in a court case. When you receive a subpoena, it is essentially a court order. If you receive a subpoena to produce something, be it a DNA sample, blood test information, computer files, photos, or medical records you are, likewise, being ordered to produce that thing.

In a personal injury case each party will make a Request for Production (RFP) using the applicable rules of civil procedure. The details of the rules will vary from state to state. But, generally speaking, court procedures provide means for parties to both seek information and challenge requests for information. You can challenge a subpoena by filing a motion to quash the subpoena.

Challenging a Subpoena

The precise procedure will depend on where the lawsuit is happening. The grounds, or basis, for your challenge to the subpoena will also vary — you may challenge a request for evidence that is insufficiently specific or intrudes on privacy rights.

For example, when TV sportscaster Erin Andrews sued Marriott Hotels after a stalker secretly filmed her through a peephole, the hotel chain sought a slew of records that Andrews claimed were unrelated to her case, including medical records and payroll records, contracts, performance reviews, any disciplinary reports, and other employment information. Andrews moved to quash these subpoenas, arguing that they intruded on her privacy and were oppressive in their extent.

A motion to quash a subpoena is appropriate whenever a party to a lawsuit seeks information that is irrelevant. However, plaintiffs and defendants often disagree on what is relevant, and discovery rules do provide for, well … discovery. What that means is that a court may be convinced of the need for some information if the requesting party can show a need and sometimes things that do not seem strictly related to a case may survive a motion to quash.

Consult With Counsel

If you have received a subpoena in a personal injury suit and wish to challenge it, speak to your lawyer about a motion to quash. If you are not represented and have been subpoenaed, speak to an attorney before contacting the requested parties.

Whatever your position, it is always better to be informed. Many attorneys will consult about a case at no cost. Talking to someone can help you assess your situation before you commit to representation.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Getting Medical Records for Your Case (FindLaw)
• Attorney Injury Intake Questionnaire (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/12/legal-how-to-challenging-a-subpoena-in-a-personal-injury-case.html

When Is a Ski Resort Liable for Injuries?

via Tumblr hobbsr04.tumblr.com/post/135794773587 If you’re hitting the slopes this season, chances are you’re travelling to the mountains and staying in a resort near the ski area. And chances are also that you’ll have a good time and return home injury-free. But if you don’t, could the ski resort be liable for your injuries? That could depend on how and, possibly more importantly, where you were injured. At the Resort Premises liability means that property owners can be legally responsible for injuries on their property. Therefore, ski resorts have a duty to keep its premises reasonably safe. With all that winter weather, the resort should maintain the property to avoid icy steps or walkways and otherwise prevent slip and fall injuries. The ski resort is also responsible for maintaining its equipment, slopes, and ski lifts to prevent injuries to visitors. On the Ski Lift While many skiers are aware of the risks associated with coming down the mountain, fewer recognize the danger of getting to the top. Ski lift accidents are all too common, and in some cases the ski resort may be to blame. Ski resort liability may hinge on state law — some states will assert that the skiers assumed the risk of injury just by skiing, while others enforce a higher duty of care on resorts. If the resort failed to maintain or repair the ski lift to keep it safe, it may be liable for any injuries caused by the lift. On the Slopes Generally speaking, skiers have a duty to be safe when they’re skiing. This means avoiding dangerous behavior around other skiers. But resorts may also have a duty to maintain slopes, trails, and runs. They may also have the duty of employing and training ski safety personnel. If you’re injured by another skier, it could be that skier’s fault for being negligent or the resort’s fault for failing to maintain safe skiing conditions. Ski resorts will often try to avoid injury liability by forcing season pass buyers to waive any injury claims, and sometimes these waivers can include injuries sustained in past seasons. Make sure you read any season pass or waiver carefully before signing. There are a number of factors affecting ski injury lawsuits, and an experienced personal injury attorney can help you navigate them. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Ski Accidents: When to Sue, When Not to Sue (FindLaw’s Injured) Who’s Liable for Snowboarding Injuries, Deaths? (FindLaw’s Injured) Ore. Ski Resort Liability Waiver Ruling: 5 Things You Should Know (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/12/when-is-a-ski-resort-li... via Blogger hobbsr04.blogspot.com/2015/12/when-is-ski-resort-liable-f...

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When Is a Ski Resort Liable for Injuries?

If you’re hitting the slopes this season, chances are you’re travelling to the mountains and staying in a resort near the ski area. And chances are also that you’ll have a good time and return home injury-free.

But if you don’t, could the ski resort be liable for your injuries? That could depend on how and, possibly more importantly, where you were injured.

At the Resort

Premises liability means that property owners can be legally responsible for injuries on their property. Therefore, ski resorts have a duty to keep its premises reasonably safe. With all that winter weather, the resort should maintain the property to avoid icy steps or walkways and otherwise prevent slip and fall injuries. The ski resort is also responsible for maintaining its equipment, slopes, and ski lifts to prevent injuries to visitors.

On the Ski Lift

While many skiers are aware of the risks associated with coming down the mountain, fewer recognize the danger of getting to the top. Ski lift accidents are all too common, and in some cases the ski resort may be to blame. Ski resort liability may hinge on state law — some states will assert that the skiers assumed the risk of injury just by skiing, while others enforce a higher duty of care on resorts. If the resort failed to maintain or repair the ski lift to keep it safe, it may be liable for any injuries caused by the lift.

On the Slopes

Generally speaking, skiers have a duty to be safe when they’re skiing. This means avoiding dangerous behavior around other skiers. But resorts may also have a duty to maintain slopes, trails, and runs. They may also have the duty of employing and training ski safety personnel. If you’re injured by another skier, it could be that skier’s fault for being negligent or the resort’s fault for failing to maintain safe skiing conditions.

Ski resorts will often try to avoid injury liability by forcing season pass buyers to waive any injury claims, and sometimes these waivers can include injuries sustained in past seasons. Make sure you read any season pass or waiver carefully before signing.

There are a number of factors affecting ski injury lawsuits, and an experienced personal injury attorney can help you navigate them.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Ski Accidents: When to Sue, When Not to Sue (FindLaw’s Injured)
• Who’s Liable for Snowboarding Injuries, Deaths? (FindLaw’s Injured)
• Ore. Ski Resort Liability Waiver Ruling: 5 Things You Should Know (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/12/when-is-a-ski-resort-liable-for-injuries.html

Do Cities Have to Plow Snow on Bike Lanes?

via Tumblr hobbsr04.tumblr.com/post/135748206132 Cities are responsible for keeping streets clean and safe, including clearing the snow. But bike lanes are usually in the part of the street where snow plows push all the snow. So if you are a cycling commuter, you may find getting around on your bike difficult in winter. The extent to which a city must clear its bike lanes of snow and can be held responsible for injuries that occur due to plowing negligence depends on local laws. As bike commuting becomes more common, and cities are encouraging alternative transport, municipalities will also have to make room for bikers on snowy streets and roadway planners will keep cycling commuters in mind. The future roadway may look different. The Buffered Bike Lane According to the Massachusetts Department of Transportation, and other experts, buffered bike lanes are an increasingly popular roadway design that provide safe cycling conditions but present unique maintenance issues. The buffered bike lane is physically separated from the street by a physical buffer, as opposed to just the abstract one made of painted lines and designated by the law. The physical separation between the bicycle lane and auto lane solves the problem of plowing snow into the buffered lane, as it is physically distinct. But buffered bike lanes require special narrow plows to clear them and present unique risks to cyclists, as they accumulate debris more easily. Bikers have difficulty avoiding the debris in the narrower lanes because they are stuck in the buffered area. Injuries can and do occur on buffered lanes. Who can be sued? The Massachusetts transportation experts write, “Responsible parties may include one or more state agencies and municipalities, as determined by right-of-way ownership, abutting land ownership, or the number of jurisdictions spanned by the separated bike lane.” Alta Planning and Design’s Perspectives in Planning is a series on non-motorized transport and design. In 2014 it focused on winter bike lane maintenance across the US and made a number of suggestions for how cities can improve snow removal without endangering non-motorized drivers on two wheels. Alta, too, highlighted the buffered bike lane as the wave of the future of cycle commuting. Injuries This Winter If you are injured this winter from a bicycling accident on a buffered bike lane or any other roadway, speak to an attorney. Many personal injury attorneys do not charge for a consultation and will assess your case at no cost. Related Resources: Injured in a bike accident? Have an attorney review your claim for free. (Consumer Injury) Bicycle Buffer Zone Laws (FindLaw) Is Motorcycle Lane Splitting Legal? (FindLaw) from Injured blogs.findlaw.com/injured/2015/12/do-cities-have-to-plow-... via Blogger hobbsr04.blogspot.com/2015/12/do-cities-have-to-plow-snow...

via Flickr http://www.flickr.com/photos/87814799@N02/23291269213

Do Cities Have to Plow Snow on Bike Lanes?

Cities are responsible for keeping streets clean and safe, including clearing the snow. But bike lanes are usually in the part of the street where snow plows push all the snow. So if you are a cycling commuter, you may find getting around on your bike difficult in winter.

The extent to which a city must clear its bike lanes of snow and can be held responsible for injuries that occur due to plowing negligence depends on local laws. As bike commuting becomes more common, and cities are encouraging alternative transport, municipalities will also have to make room for bikers on snowy streets and roadway planners will keep cycling commuters in mind. The future roadway may look different.

The Buffered Bike Lane

According to the Massachusetts Department of Transportation, and other experts, buffered bike lanes are an increasingly popular roadway design that provide safe cycling conditions but present unique maintenance issues. The buffered bike lane is physically separated from the street by a physical buffer, as opposed to just the abstract one made of painted lines and designated by the law.

The physical separation between the bicycle lane and auto lane solves the problem of plowing snow into the buffered lane, as it is physically distinct. But buffered bike lanes require special narrow plows to clear them and present unique risks to cyclists, as they accumulate debris more easily. Bikers have difficulty avoiding the debris in the narrower lanes because they are stuck in the buffered area.

Injuries can and do occur on buffered lanes. Who can be sued? The Massachusetts transportation experts write, “Responsible parties may include one or more state agencies and municipalities, as determined by right-of-way ownership, abutting land ownership, or the number of jurisdictions spanned by the separated bike lane.”

Alta Planning and Design’s Perspectives in Planning is a series on non-motorized transport and design. In 2014 it focused on winter bike lane maintenance across the US and made a number of suggestions for how cities can improve snow removal without endangering non-motorized drivers on two wheels. Alta, too, highlighted the buffered bike lane as the wave of the future of cycle commuting.

 

Injuries This Winter

If you are injured this winter from a bicycling accident on a buffered bike lane or any other roadway, speak to an attorney. Many personal injury attorneys do not charge for a consultation and will assess your case at no cost.

Related Resources:

• Injured in a bike accident? Have an attorney review your claim for free. (Consumer Injury)
• Bicycle Buffer Zone Laws (FindLaw)
• Is Motorcycle Lane Splitting Legal? (FindLaw)
  

from Injured http://blogs.findlaw.com/injured/2015/12/do-cities-have-to-plow-snow-bike-lanes.html

Santa Claus Sideswiped My Car! Accidents With Delivery Vehicles

via Tumblr hobbsr04.tumblr.com/post/135724324342 It’s not easy delivering toys to children worldwide in a single night. So maybe Santa’s sleigh rolled a stop sign trying to save some time, and caught your car right on the rear fender. Did he stay long enough to give his insurance information? And since Santa was driving a delivery vehicle for work, how does that affect your injury claim? Here’s what you need to know if Kris Kringle crumpled your bumper: Frozen First Steps An accident with Santa, or any other delivery vehicle, is much like any other car accident. And your first steps after an accident are always crucial: Stay on the Scene: You’re probably in a rush yourself, but leaving the scene of an accident can be a crime. Inquire About Injuries: Check on the reindeer and Santa himself — make sure everyone is OK and call for medical attention if needed. Exchange Information: Make sure you get Santa’s insurance info and other relevant details like license and sleigh plate number, and provide your own. Gather Data: Get as much information about the accident as possible, including eyewitness statements from elves or anyone else who saw the accident, and document the scene with photos and notes. Make Contact: Santa may tell you he can take care of the damage and that there’s no need to get insurance companies involved, but not reporting the accident could revoke your insurance and, if the accident is serious, you should also contact the police so they can file a report. Deep Delivery Pockets Being hit by a delivery vehicle can offer different legal remedies if you’re injured. Not only is Santa’s insurance on the hook, employers can be held liable for their employees’ negligent acts. So, if one of the elves was behind the reins or Rudolph was making a delivery run, Santa and Santa Industries could be at fault. Even if the sleigh wasn’t on a delivery run, if it was being used “in the course of employment,” the company or employer can be sued along with the driver. Stay safe on the roads out there this holiday season. And if Santa runs into your Chevy instead of sliding down your chimney, don’t hesitate to contact an experienced car accident attorney. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) What Kinds of Damages May I Claim for Car Accident Injuries? (FindLaw) FedEx Truck Crashes Into Bus in Calif.; 10 Killed (FindLaw’s Injured) 5 Car Accident Myths (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/12/santa-claus-sideswiped-... via Blogger hobbsr04.blogspot.com/2015/12/santa-claus-sideswiped-my-c...

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