Thursday, December 29, 2016

Ikea to Pay $50M After Dressers Kill 3 Children

Ikea, the company known for affordable, flat-pack furniture that buyers must assemble themselves, has agreed to settle three wrongful death cases filed against it for $50 million. The three cases, filed in the state court in Pennsylvania, claim that the furniture maker was negligent in not manufacturing their dressers to meet industry standards, which resulted in the death of three toddlers (in three separate incidents) who were crushed when the dressers toppled over onto them.

Ikea has settled a few other lawsuits with similar claims over the last decade, and reports indicate that this may have been a known issue dating all the way back to 1989. All in all, there have been seven reported deaths due to unstable Ikea furniture.

Product Liability for Consumer Assembled Furniture

In the recently settled case, Ikea had argued that the parents were to blame because they had failed to anchor the dressers to the wall, per their assembly instructions and warnings. However, it is a very common practice that people ignore the last step of anchoring furniture to the wall. The large settlement payout, according to the attorney for the plaintiffs, reflects that the company knows the parents were not to blame.

Generally, a company can insulate some, but not all, liability as a result of user error when assembling or using a product. Additionally, liability may be avoided if adequate warnings are provided to warn consumers of the dangers of using (or misusing) their product. However, in this case, it was expected that Ikea would struggle to convince a jury that the parents were at fault for their children’s deaths because they failed to anchor the dressers to the wall.

Ikea Dresser Recall

This past June, Ikea issued a recall on several models of their dressers because they did not meet the voluntary safety and stability standards in the USA. Nearly 30 million Ikea dressers are subject to the recall.

In addition to the monetary portion of the settlement, Ikea has agreed to stop selling all dressers that do not meet the voluntary safety and stability standards in the USA. Additionally, they have agreed to ramp-up and increase funding for its “Secure It” program, which is designed to educate consumers about the importance of anchoring furniture to prevent injuries.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/ikea-to-pay-50m-after-dressers-kill-3-children.html
Posted by at No comments:
Labels:

Wednesday, December 28, 2016

Parking Lot Injuries: When Can You Sue?

Considering our holiday shopping lists, this might be the busiest time of year for parking lots. And considering the weather, the amount of traffic, and the opportunism of criminals, this might also be when parking lots are at their most dangerous.

Here's a look at the legal liability for parking lots and stores for slip-and-fall injuries, car accidents, and criminal activity:

Shopping Slip-and-Fall

The legal principle of premises liability means that property owners have a duty to maintain their property, and are therefore responsible for accidents and injuries that occur on their property. And this liability can extend to the parking lot outside of a store.

That means if the management knew or should have known the lot would be slippery (based on weather reports or usual conditions in the parking lot) and the store or lot owner failed to shovel, de-ice, or otherwise make the space safe, it may be responsible for medical expenses, lost work time, and maybe more if you slip and fall in the store parking lot.

Commercial Collision

If a parking lot car accident bends more than your fender, you may have a case against the other driver or the lot owner. The owner or management company should make sure the lot is in good condition and clear of any known dangers. And for the most part, car-on-car collisions in parking lots are treating like accidents out on the open road.

Make sure you stay calm and ensure that anyone who is injured, including you, receives adequate medical attention. If possible, exchange information with any other drivers or pedestrians involved, and do your best to document the accident as accurately as possible with photos, witness statements, and police reports.

Lot of Crime

In some recent cases, retailers have been found liable for crimes that occur in their parking lots. This liability generally hinges on how foreseeable the crime was; meaning those parking lot owners in high crime areas or those whose lots have been the scene of the crime previously could be on the hook for any injuries from robberies or assaults in their lots.

If you've been injured in a parking lot and wonder if you might have a legal claim to damages, consult an experienced personal injury attorney near you.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/parking-lot-injuries-when-can-you-sue.html
Posted by at No comments:
Labels:

Nevada Psychiatric Hospital Sued Again for Dumping Patients

The Rawson-Neal Psychiatric Hospital in Nevada is facing a class action lawsuit filed on behalf of former patients that claim the hospital “dumped” them. Rawson-Neal is no stranger to these allegations and has faced lawsuits in the past over the practice. Additionally, it is estimated that Rawson-Neal has dumped nearly 1,500 patients by providing them one-way bus tickets to cities all across the country.

For those that don’t know, when a hospital involuntarily discharges a patient rather than continuing to provide the needed treatment or a referral and transportation to a more suitable facility, this is called dumping.

Frequently, the practice is done in such a way that puts the patients at high risk of harm, and even death. There are countless documented incidents where hospitals discharge patients by sending them to other cities on busses, or simply dropping them off in another county on the side of the road. It is rather common that when a patient is dumped, they will end up homeless and in need of much more care than they would normally have required.

Greyhound Therapy

Rawson-Neal is again being accused of engaging in a specific form of dumping that is called Greyhound Therapy, which they have gotten in trouble for in the past. This refers to the practice of putting involuntarily discharged patients on busses to other cities, often thousands of miles away. In the latest case, Rawson-Neal allegedly put a patient on a bus with a note that instructed the patient to call 9-1-1 upon his arrival in the new city. The patient had no contacts, relatives, or connection to the city he was sent to. Another patient was placed on a bus and sent to a city with instructions to contact a specific hospital upon arrival, however, the patient was never able to do so.

The issue with dumping mentally unstable patients is that the hospitals that do so are avoiding their duty to provide appropriate medical care. Frequently, the patients that are dumped are homeless, low-income, or uninsured, and will lack the personal resources or network to get the help they need. Rather than arranging for the transportation from door to door, the hospitals just make sure that the patient is discharged in a place where they will not be returned to their hospital.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/nevada-psychiatric-hospital-sued-again-for-dumping-patients.html
Posted by at No comments:
Labels:

First Lawsuits Filed for Victims of 'Ghost Ship' Warehouse Fire

On December 2, 2016, tragedy struck at a warehouse that had been illegally converted into a mixed-use residential and workspace for artists. During a dance party event that was taking place on the second floor of what is being described as a labyrinth-esque warehouse space, a fire broke out on the first floor. Due to the way the interior structure had been built, every person who attended the event was trapped on the second floor as the fire consumed the building, eventually causing the roof to collapse, and killing 36 people.

The aftermath of the fire, apart from the intense grief of those who lost loved ones and friends, is shaping up to be a legal quagmire. The first two wrongful death lawsuits were recently filed, and each names a rather long list of defendants, including the building’s owners, as well as the individual who held the lease on the building, and the owners of the neighboring buildings that were supplying power and other resources to the warehouse. Additionally, the individual who was promoting the event was named. Several local government entities are expected to be named in the lawsuit as well, once the administrative requirements of the California Tort Claims Act are satisfied.

Premises Liability Claims

The owner and those in control of a property will generally be liable for the injuries suffered by guests, invitees, and even trespassers, for the dangerous conditions found on the property, or as a result of their negligence.

In the Ghost Ship warehouse, reports indicate that the building was not even close to being compliant with the local or state building codes, lacked adequate electrical infrastructure, lacked the appropriate permitting, and had even had a minor electrical fire there the night before. The electricity for the entire warehouse was being provided by a neighboring building via a hole in the wall and an extension cord.

The parents of the two victims that have filed suit allege not only premises liability claims against the owners and lessors or the property, but are also seeking remedies against the city and local agencies for failing to properly inspect the property, which likely would have led to a shut down. The warehouse’s interior had not been inspected in over 30 years and was not permitted for any use other than commercial use (which excludes public events).

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/first-lawsuits-filed-for-victims-of-ghost-ship-warehouse-fire.html
Posted by at No comments:
Labels:

Thursday, December 22, 2016

Can You Sue for Plastic Surgery Results You Don't Like?

Plastic surgeons, like any other doctor, can be held liable for medical malpractice if their treatment and care for a patient results in injury. But what if their treatment simply results in an unhappy customer? If the nose job, lipo, face lift, or tummy tuck doesn't result in harm but also doesn't meet the doctor's promises or patient's standards, does a displeased patient have any legal recourse?

The terms "breach of contract" and "breach of warranty" are normally limited to the business world of commerce and consumer sales. But they may be useful legal jargon when it comes to suing a plastic surgeon for poor results.

Plastic Surgery Breach of Contract

When a patient and a cosmetic surgeon agree on a course of action or surgery, a contract is formed, even if nothing is written down. And if the surgeon fails to perform the surgery as agreed upon, that breach can be considered a form of medical malpractice.

Breach of contract in a plastic surgery case can occur if a cosmetic surgeon used a different type or size of implant than the patient agreed to, used a different procedure than agreed upon, or otherwise deviated from what the patient requested or provided informed consent for.

One thing disgruntled plastic surgery patients should keep in mind, however, is that damages for breach of contract are generally limited to only economic damages, and damages for pain and suffering or loss of normal life may not be available.

Plastic Surgery Breach of Warranty

Legally speaking, a warranty is like a promise of performance. If a plastic surgeon promises certain results to encourage patients to agree to a particular procedure, courts will generally treat this promise as a warranty. Failure to provide the promised results could make the surgeon liable for breach of warranty.

The key factor in most breach of warranty claims is specificity. Did the surgeon make general assurances about the quality of the procedure like, "This is the best course of action," or "You'll look your best if we do this"? That may not classify as a warranty. But if the doctor promised specific, measurable results regarding size, shape, or even a resemblance to a celebrity, a court may conclude that promise constituted a warranty, and hold the doctor liable if he or she fails to meet that promise.

Medical malpractice claims can be complicated, and require levels of proof regarding industry standards of care. If you believe you have a medical malpractice claim, consult an experienced attorney.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/can-you-sue-for-plastic-surgery-results-you-dont-like.html
Posted by at No comments:
Labels:

Wednesday, December 21, 2016

Top 5 Plastic Surgery Lawsuit Questions

Plastic surgery, like any other surgery, has its attendant risks. If something goes wrong, then a person may be considering taking legal action. However, whether or not to file a lawsuit over a plastic surgery gone wrong should be carefully considered.

Cases against medical professionals are complex and nuanced, and are often subject to shorter deadlines than other types of cases, so seeking legal advice as soon as possible is recommended if you think you have a case. The following plastic surgery lawsuit questions might help point you in the right direction.

1. Can I Sue for Plastic Surgery Gone Bad?

Whether you can sue for a plastic surgery gone bad really depends on what went wrong. If there was a medical complication, infection, or something just went wrong, then that may not necessarily mean you have a medical malpractice case. However, if it was the result of negligence, then you may have a case. Additionally, there could be other claims.

2. Can I Sue for Nerve Damage After Plastic Surgery?

One common type of injury after plastic surgery, or any type of surgery for that matter, is nerve damage. However, sometimes nerve damage is expected, or even anticipated, and in those situations, cases may be more challenging to prove.

3. What Are the Most Dangerous Plastic Surgery Procedures?

Some procedures are more dangerous than others. While it is no surprise that something like facial reconstruction tops the list, many are shocked to know that liposuction is also rather dangerous.

4. Is Your Cosmetic Surgeon Properly Trained?

There are different certification boards for plastic and cosmetic surgeons, and it can make a big difference. If you suffered an injury as a result of an improperly trained doctor that performed cosmetic surgery or a medical procedure on you, you will likely have a legal claim.

5. Can You Sue a Doctor for Lying?

If your doctor lies to you, you may be able to sue. If you are misled about the safety or results of a procedure, you may have reason to sue.

Doctors owe patients a certain level of care when they agree to perform medical procedures. That level of care can vary from state to state. Medical malpractice and other claims against doctors, hospitals, and other medical professionals are generally complicated, however some attorneys may be willing to help at no upfront cost to you.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/top-5-plastic-surgery-lawsuit-questions.html
Posted by at No comments:
Labels:

Low-Ranking VA Hospital Sued for Wrongful Death

When USA Today published leaked rankings of Department of Veterans Affairs medical centers, the VA hospital in Nashville was at the bottom of the list in quality of care. Now that hospital is at the center of a wrongful death suit after a 26-year-old veteran died from a treatable condition.

Aaron Merritt was diagnosed with ulcerative colitis at the Nashville VA Medical Center in January 2014, and died less than ten months later after doctors failed to monitor his reaction to prescribed medication. Merritt's parents are now suing the hospital and the Tennessee Valley Healthcare System for negligence in their son's death.

"The System Let Him Down"

"We always accepted we might get a knock at the door," Merritt's mother, Carol, told The Tennessean, "that something might happen. But when he got back safely, we never thought we'd get a call in this way. I think the system let him down. He trusted them." Specifically, Merritt trusted them to keep an eye on his blood cell counts because of a condition that suppressed his immune system, leaving him more susceptible to side effects from the colitis medicine.

The drug manufacturer and medical journals recommended blood work every two weeks for patients with Merritt's condition. But despite at least one doctor recommending frequent monitoring, Merritt's blood count was checked just once. His condition worsened and he checked in to the VA emergency room, but by then his blood counts were so low he became critically ill and died in October 2014.

"No One Ever Followed Through"

"After prescribing the medication to Aaron, the VA physicians only ordered one blood [count] in a span of nearly six months," said Frank Thacher, the Merritt family's attorney. "Sadly, the physicians noted in the medical records that they needed to be getting more frequent blood work, but no one ever followed through on it."

Doctors who prescribe the wrong medication, or fail to adequately account for or monitor possible side effects of a medication can be held liable for resulting injuries and death. If a doctor's level of care for a patient fell below the standard set by similar doctors, he or she may be guilty of medical malpractice.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/low-ranking-va-hospital-sued-for-wrongful-death.html
Posted by at No comments:
Labels:

Tuesday, December 20, 2016

Hypothermia Wrongful Death Lawsuit: Parents Sue After Teen Found Frozen, Pronounced Dead

Jake Anderson was celebrating his first year as a freshman at the University of Minnesota until the early hours of a December morning in 2013. Six or seven hours later, first responders found Anderson in a hypothermic state face down, slumped over a rail along the Mississippi River near Minneapolis.

Anderson had "no pulse and no breathing and was frozen, indicating obvious death" according to a report from the fire officials that found him, but his parents don't think rescuers did enough to revive their son. Now the Andersons are suing first responders, including police, fire, and medical center personnel, claiming they are liable for wrongful death.

No Pulse, but Perhaps Not Dead

"We assumed everything was done to save him when they found him," Kristi Anderson told the Star Tribune. "When they come and tell you at 2 in the afternoon that your son is dead, you're presupposing that they have taken every measure to save him." "Everybody who lived through hypothermia was found by somebody who cared about them and did something about it," added Bill Anderson.

The Anderson's lawsuit claims that Minneapolis fire officials failed to recognize her son as a hypothermia victim and declared him dead after less than 90 seconds of assessment. The suit also cites several instances of young men and women surviving up to 12 hours of exposure to subzero temperatures, and claims that the city's own standard operating procedure for rescue personnel advises that potential victims must remain "cold in a warm environment" or have signs of "obvious mortal trauma" before they can be declared dead.

Rescue Litigation

In many states, first responders are protected by sovereign immunity, which means they cannot be sued without consent and cannot be held liable for actions taken within their official capacity. In those jurisdictions where first responder lawsuits are permitted, the right may be limited to specific situations, like instances of intentional harm, recklessness, or gross negligence.

"Jake Anderson's death is tragic," the Minneapolis city attorney's office said in a released statement. "However, first responders in the city of Minneapolis, including fire and police personnel, are not responsible for his death. We can only imagine the grief Mr. Anderson's parents, family and friends are experiencing." The Anderson family is seeking $75,000 per plaintiff for their son's death.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/hypothermia-wrongful-death-lawsuit-parents-sue-after-teen-found-frozen-pronounced-dead.html
Posted by at No comments:
Labels:

When to Sue a Nursing Home for Bedsores

When an individual is under the care of a hospital or nursing home and ends up with a bedsore, also known as a pressure sore, that usually means something is amiss. If the individual is not conscious, or immobile, or otherwise unable to appreciate the gravity of their confined-to-a-bed situation, a hospital or nursing home could very well be liable for bedsores.

Bedsores can vary in severity, but are generally caused by the prolonged application of the pressure of the weight of the body on the skin and tissue. Bedsores do not occur if a person is carefully monitored, regularly repositioned, and provided with the proper care or resources, even when they are at risk.

Can You Sue for a Bedsore?

If you get a bedsore while in the hospital, or nursing home, because you were unable to reposition yourself, you may have a legal claim. Particularly given that advances in technology now provide for beds that can be programmed to reposition a person’s body during the course of a day to relieve pressure, hospitals may have a difficult time explaining how allowing a bedsore to occur is not negligent medical care. However, medical malpractice claims are very nuanced, and what may rise to malpractice varies from state to state. Additionally, the deadline to file a malpractice claim varies from state to state, and can even be less than a year in some places.

A minor bedsore (stage I) that is only a mild irritant and heals without much difficulty is likely not to rise to the level of malpractice or negligent care if it is caught and remedied. However, a more severe pressure sore is likely to be considered such, particularly if a patient is immobile. However, there are many other signs that can also be used to base a claim for negligent care on.

Refusing Care or Treatment Leading to Bedsore

If a person refuses care, and as a result of that refusal, suffers a bedsore, then that may defeat a legal claim based on a bedsore. This is a good reason why patients should cooperate with recommendations for physical therapy and medical examinations. But there’s also the issue of competency and whether the patient’s refusal should have been honored.

If you or a loved one developed a bedsore in a nursing home or hospital, contact a personal injury lawyer to find out if you have a legal claim.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/when-to-sue-a-nursing-home-for-bedsores.html
Posted by at No comments:
Labels:

Monday, December 19, 2016

Can You Sue a Doctor for Molestation or Sexual Assault?

Cases of molestation or sexual assault by a doctor are especially heinous. These cases are just as shocking when a teacher, pastor, or police officer commits a similar act. What makes these types of crimes so bad is the violation of the public trust, as well as the likelihood of there being multiple victims.

Unfortunately, these types of crimes occur all too often. Just this past week, a California doctor was arrested for allegedly assaulting multiple patients.

Victim Civil Lawsuits and Criminal Recourse

If a victim is molested or sexually assaulted by their doctor, or doctor's staff, they have legal recourses in both the criminal and civil courts. Initiating a criminal action requires reporting the incident to the police. Depending on the type of assault, getting an independent medical review, or taking photographs might be necessary to preserve the evidence (particularly in rape cases). Depending on your state, there may be a Victim's Compensation Fund, as there is in California, that may be able to provide some financial assistance for victims of crime.

Initiating a civil action is done by contacting a private personal injury or medical malpractice attorney. However, because state laws vary, there may be particularly short deadlines for filing a lawsuit, particularly if your case has a medical malpractice aspect to it. While a sexual assault by a doctor may not seem like medical malpractice or professional negligence, these may be claims your attorney would want to include in the lawsuit against the hospital, or even the defendant.

Unconscious and/or Afraid Victims

Unfortunately, unconscious victims may be unable to testify about what happened, and will thus have a more difficult time proving the assault took place, unless there is corroborating or independent evidence. This frequently leads to victims not reporting their suspicions due to fear of being embarrassed or humiliated, or worse, criminalized. Additionally, some victims just fear coming forward because it will be the "trusted" doctor's word against theirs, and they fear being victim-blamed, humiliated, and re-victimized.

However, victims should not hesitate to call the police and seek an independent medical evaluation if they believe or suspect they have been sexually assaulted or molested while unconscious. Additionally, a report can be made to the state medical licensing board, which can also lead to severe consequences for a doctor. A victim that comes forward, even if they are not completely certain about what happened, may find that they are not alone.

There are many organizations that provide crisis hotlines for victims of sexual abuse. If you are a victim and need someone to talk to, you can contact RAINN, a non-profit organization providing assistance to victims of sexual violence, at their hotline at 1(866) 656- HOPE (4673) or online via live chat. You should also contact a personal injury lawyer right away.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/can-you-sue-a-doctor-for-molestation-or-sexual-harassment.html
Posted by at No comments:
Labels:

Friday, December 16, 2016

Icy Injuries: Top 5 Winter Weather Liability Issues

Winter has come, which means snowy sidewalks, icy highways, and a whole host of winter weather-related injury risks. Not only should you be concerned with keeping yourself safe out there, but you could be liable for someone else's injuries if you allow adverse weather conditions make your property dangerous or detract from your driving ability.

No one wants a lawsuit on their hands to ruin their holidays, so here are five seasonal injury risks, and how to avoid them.

1. Shovel Your Sidewalk or Face Potential Liability

We know: it's cold out there, you're not sure where the shovel is, the guy next door didn't shovel his walk either, and you're pretty sure the heavy stuff isn't gonna come down for quite a while. Still, if someone slips on ice or snow on your sidewalk and hurts themselves, you might be on the hook for damages.

2. Winter Car Crashes: Can You Blame the Weather?

Accidents in inclement weather are inevitable. But there are ways to drive more carefully, avoid dangerous areas, and be prepared for a car crash. And if you're not taking the proper precautionary measures, your pleas that the weather was at fault may fall on deaf ears.

3. Do Cities Have to Plow Snow on Bike Lanes?

If you're a particular type of cyclist, it won't matter that the temperatures have dipped below freezing and snow is whipping around you like a frosty hurricane -- you're going out for a ride. And if that ride is along city streets, you might be wondering whether snow crews are required to plow the bike lanes along with the car lanes. The answer may vary from state to state, and might depend on the kind of bike lane involved.

4. Will Your Snow Globe Ignite a House Fire?

You were just worried about outdoor injury risks? It's not uncommon that our indoor holiday decorations can pose just as much of a danger as some foul weather. Snow globes igniting inside might be a rare occurrence, but they're a useful reminder to keep an eye on any brightly-lit baubles around the house.

5. Can a Snowball Fight Land You in Court?

It's all fun and games until the NFL player your were lobbing snowballs at starts returning fire into the stands. Make sure any and all snowball fights maintain a merry tone, and maybe don't listen to that voice in your head telling you to pack some ice and rocks into your next projectile. Unless, of course, you want some coal and a lawsuit in your stocking this year.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/icy-injuries-top-5-winter-weather-liability-issues.html
Posted by at No comments:
Labels:

San Diego Cyclist Injured by Pothole Gets $235K Settlement From City

A cyclist in La Jolla, California, will be receiving a $235,000 settlement after filing a lawsuit over injuries she sustained as a result of hitting a pothole while cycling. This was no ordinary pothole though, as it measured approximately 3 inches deep and 15 inches wide. The cyclist, Cathleen Summerford, injured her head, pelvis and lower back after hitting the pothole and flipping over her handlebars.

One critical fact in this case was that the City and County of San Diego, where La Jolla is located, had been provided with multiple complaints about potholes on the roadway that Ms. Summerford was injured on. As such, because the city had knowledge of the road conditions, a negligence case could be established.

Could've and Should've, But Didn't? Then Pay-up

Generally, municipalities are responsible for keeping their roadways, bike lanes and sidewalks safe for cars, bicyclists and pedestrians. While there is a certain level of caution each of these is supposed to exercise, a municipality can be held liable for injuries caused by dangerous conditions on roadways that could or should have been corrected.

When a government entity responsible for keeping the roadways in good repair fails to exercise reasonable care in making a repair, they can be found liable. However, in order to prove liability, a plaintiff will have to prove that the entity had notice, or should have had notice, of the condition, and did nothing to fix it.

Proving Notice

While a plaintiff is tasked with the proving that the responsible entity had notice of the dangerous condition, there are many ways to do so. In the San Diego case, notice was simple to establish as there had been multiple lawsuits filed against the city as a result of the road conditions in that area.

In other situations, a potential plaintiff can make an FOIA request to the city for complaints or other documents that would establish knowledge of the road condition. Additionally, experts can be retained who can opine as to the age of a pothole or other dangerous road condition. If it's a dangerous condition that has existed for some time, then it may be assumed that the entity in charge should have known about it in their exercise of due diligence in monitoring road conditions.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/san-diego-cyclist-injured-by-pothole-gets-235k-settlement-from-city.html
Posted by at No comments:
Labels:

Thursday, December 15, 2016

Lawyer's Head Injury Sparks $50M Lawsuit Against Washington Metro

A Washington, DC attorney has filed a $50 million lawsuit against the Washington Metro system. The lawsuit stems from the injury the attorney suffered as a result of a pipe falling from the ceiling and hitting him in the head last year. The attorney then stumbled onto the escalator from the below ground platform, and was escalated above ground, where he received help.

Unfortunately for the WMTA, the attorney is employed at a large law firm which has taken on the job of representing their employee. While the $50 million in claimed damages may seem high, for a Harvard Law grad that had a starting salary of $200,000, who is no longer able to work, and may require a lifetime of medical treatment/care, it could actually be low.

Lawsuits Fall From Above

Although it may sound like this case is extraordinary, people are injured by things falling from ceilings more often than one might expect. What makes these types of cases significant is that when a person is hit from an object falling from above, they are frequently hit in the head. Head injuries are extremely dangerous particularly as they may lead to a TBI (traumatic brain injury), which can have permanent, life changing effects.

Calculating Lost Earnings

In an injury case where a defendant is found liable for the injuries caused, a plaintiff will be entitled to receive monetary damages for lost income. Lost income is categorized in two ways, past and future.

Past lost income will compensate a plaintiff for the earnings that were lost while recovering from the injury. This is simply calculated by looking at person’s past earnings prior to the injury, and using that rate of pay to determine the total amount of lost income.

Future lost income (often called earning capacity) is the income a person will not be able to earn because of the injury. Generally, future lost income requires a showing that the injury has caused the victim a diminished ability to work and earn income. This is much more complicated than just showing what past earnings were. It will involve experts in finance and vocational rehabilitation to testify about what a person’s future financial and work prospects look like post-injury.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2016/12/lawyers-head-injury-sparks-50m-lawsuit-against-washington-metro.html
Posted by at No comments:
Labels:
Subscribe to: Posts (Atom)