Tuesday, January 31, 2017

How Much Does a Car Accident Lawyer Cost?

Most of us look at a fender bender and think we don't need a lawyer. Even victims in more serious car accidents will wonder if hiring an attorney is too expensive or worth the cost. And while it's true that lawyers don't often provide legal services for free, not hiring one could end up costing you even more in the long run.

The total cost of hiring a car accident attorney will depend on both the particular attorney and the particulars of your case, but there are some general principles regarding legal fees, so here's a look.

Hourly Billing

Generally speaking, lawyers bill by the hour and their rate will vary depending on how good they are and how much experienced they have. After that, the total number of hours billed will depend on the complexity of your case. Some car crash issues can be worked out between cooperative drivers and insurance companies without legal assistance; some accidents are complex enough to require entire legal teams for each side. Rates generally range in the hundreds of dollars per hour and attorneys' fees can include filing fees. Make sure you have read and understand any fee agreement before hiring alawyer.

Contingency Fees

One major difference with injury attorneys, however, is that many will work on a contingency fee basis. This means your lawyer's fee will be based on a percentage of any amount awarded in the case; if you don't win your case, you may only have to pay some expenses. Contingency percentages in car accident injury claims are generally about one-third of the total award, but these can vary, and some state have laws that cap the amount of contingency fees that a lawyer can receive.

To Counsel, or Not to Counsel

Like all other attorneys, the better the car accident attorney, the more expensive he or she will be. If you are considering filing a suit, or especially if you have been sued, you are allowed to hire legal counsel and it's generally a good idea to have one on your side. In some cases your car insurance company may provide you with a lawyer, but make sure he or she has your best interests in mind, rather than the insurance carrier's.

Car accident issues are complicated and there are many reasons you might need an attorney after an accident. Luckily, we can put you in touch with the best.

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from Injured http://blogs.findlaw.com/injured/2017/01/how-much-does-a-car-accident-lawyer-cost.html
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Crowd Surfing Lawsuit: When to Sue for Festival Injuries

No one goes to a concert or festival expecting to get injured. However, at times concerts can get out of hand and injures do happen. While some might think that concert goers are assuming the risk of concert related injuries, they would be mistaken.

At the 2016 Riot Fest in Chicago, one festival goer was injured when a crowd surfer fell on top of her, fracturing her ankle. The injured attendee has recently filed a lawsuit as a result of her injury. The lawsuit alleges that the venue, along with the promoters and organizers, failed to provide adequate security to control the crowd, and should have stopped the crowd surfing.

While the group Brand New performed, the plaintiff was about 200 - 300 feet from the stage when a large male crowd-surfer was dropped by the crowd, landing on her leg, causing a fracture. Her lawsuit, reportedly seeks $200,000 in damages.

Concert Venue Liability

Music and entertainment venues are generally required to provide a safe space for the public (or ticket holders) to enjoy their entertainment. The same laws regarding premises liability apply to venues as they would to any other business. Similarly, not every injury that occurs at a concert venue will be attributable directly to the venue, organizers, or entertainment providers. However, venues that allow crowds to get out of control can face liability for resulting injuries.

Liability will usually be limited to injuries that are related to the premises or the entertainment being provided. But as the crowd surfing lawsuit illustrates, the relatedness factor is rather flexible.

Additionally, take for example the man who was punched at Kid Rock concert by another concert goer in 2013 and suffered a traumatic brain injury. Though the injury was caused by another attendee, the lawsuit alleged the venue, organizers, and promoters were all liable due to the negligent security failure.

If a person is injured while at a business, such as a concert venue or theater, if the injury was the result of the condition of the premises, the injured person may have a legal negligence claim against the business.

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from Injured http://blogs.findlaw.com/injured/2017/01/crowd-surfing-lawsuit-when-to-sue-for-festival-injuries.html
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Monday, January 30, 2017

Car Accident Liability for Eating While Driving

Since the majority of us no-time-for-breakfast commuters will never have the pleasure of eating a full gourmet meal while being chauffeured around in the back of a Rolls Royce, for food to qualify for breakfast, it must be edible with one hand.

Distracted driving has been a problem ever since people started driving. However, the popularity of smart phones has actually forced state lawmakers to deal with the dangers of distracted driving head on. While no state explicitly bans eating while driving, nearly every state has some form of general distracted driving law that can likely be applied to the dangerous practice. Like texting, eating while driving can result in serious accidents.

Chew on Some Perspective

If you’re thinking, “I’ll stop eating while driving when they pull the burger out of my cold, dead hands,” you may want to reconsider. Even slight distractions that take your attention away for just a few seconds can result in devastating crashes. At 55 mph, a car will travel the length of a football field in 5 seconds, and it takes that long to read a few word long text message, and even longer to reply.

While many people believe they can take a bite of food or drink some coffee without being distracted, the truth is that every second matters when you’re speeding down the freeway. Depending on the flow of traffic, drinking or eating anything could be considered distracted driving. Video of this bus driver from Albuquerque, New Mexico provides an excellent example of just why eating and driving is so dangerous. As the driver puts down his burrito, he fails to notice the cars stopping in front of him and ends up causing a multi-car collision.

Liability for Eating and Driving Accidents

Typically, if a driver that caused an accident was found to be texting, using their smart phone, or eating at the time of the crash, liability will likely be easier to prove against them. Because auto accident liability is generally based upon the legal theory of negligence, distracted driving laws can help provide the basis for a negligence claim.

Also, if there is a dispute as to who is at fault, the distracted driver is likely to get the blame, or have an eventual recovery reduced for comparative negligence, if there are facts showing they were distracted.

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from Injured http://blogs.findlaw.com/injured/2017/01/car-accident-liability-for-eating-while-driving.html
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Pot Shop Explosion Sparks $9M Lawsuit

Hash oil is a popular, and legal in some states, marijuana derivative consumed to help users chill out. Turns out some of the processes for extracting hash oil aren't so cool. Higher Level Concentrates in Astoria, Oregon was using an "open" extraction system, whereby hash oil is extracted from the marijuana using an extraction tube and liquefied petroleum gas to extract THC from the cannabis plant material.

This is all well and good until "invisible LP gas vapors will escape and can quickly fill an enclosed area," and "an explosive mix of LP gas vapors and air formed, ignited, and caused an immediate and violent explosion and flash fire." That's what happened to Jacob Magley, who is now suing Higher Level and 12 other entities and individuals after he was injured in the explosion.

It Takes a Village to Raze a Cannabis Shop

Magley's 28-page complaint includes:

  • Premises liability claims against the property owners for fire code violations and a lack of gas-detection devices, ventilation systems, or even "Exit" signs;
  • Labor law claims against his employer(s) for not carrying workers' compensation insurance and maintaining unsafe working conditions and clothing; and
  • Products liability claims against the manufacturers and distributors of "Whip-its," the LP gas canisters used in the extraction process.

With so many interrelated parties, it may be difficult to partition blame in the accident itself, and the lack of proper preparation or response once things went sideways. But by bringing in so many defendants, Magley has certainly covered his bases.

Indica Injuries

If $9 million sounds like a lot of money to you, just listen to Magley's injuries:

Plaintiff was made to endure burns on over 22% percent of his body. He was admitted into Legacy Emanuel's burn center and remained there for nearly a month where he underwent painful burn and wound care. As a result of these injuries inflicted on Plaintiff, he is physically impaired such that he has been, and will be, unable to participate in many of the sports, hobbies, and other recreational activities and life pursuits he enjoyed prior to his injuries and is unable to carry out the duties and responsibilities of his trade as a carpenter and construction worker. He has permanent scarring and disfigurement on his face, both hands and wrists, and torso.

Magley claims he has already spent $375,000 in medical expenses and may ultimately lose $1.25 million in future wages. While cannabiz operations might be new, they're subject to the same old regulations as any other manufacturer, employer, and property owner.

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from Injured http://blogs.findlaw.com/injured/2017/01/pot-shop-explosion-sparks-9m-lawsuit.html
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Friday, January 27, 2017

'Hamilton' Musical Sued by Blind Patron for ADA Violation

A Denver man has filed an Americans with Disabilities Act lawsuit in the New York Federal Courts after he attended a performance of the hit Broadway play, Hamilton. While ADA lawsuits regarding physical access to public accommodations are not uncommon, this one seems to be turning heads, most likely because anything related to Hamilton creates a pretty big stir.

The plaintiff didn’t have any difficulty getting in or out of the theater, or using any of the facilities within the theater, as is common in ADA lawsuits. Because the plaintiff is blind, his disability prevents him from seeing onstage action like other patrons, and therefore his ADA claim is based on the lack of providing a narrative description of the onstage activities as is common in other theaters.

Though some might think this is another one of those drive-by type ADA lawsuits, those same people need to realize that ADA violations cause real mental and emotional injuries, and can frequently put the disabled at risk of physical injury. An ADA violation is a civil rights violation, and when a person’s civil rights are violated, it causes real harm or injury.

Facts of the Case

The plaintiff, who despite being blind, enjoys live theater quite a bit, is alleging that the producers, general management, and even the theater where Hamilton was being put on, can easily provide headsets for disabled patrons that provide a narrative description of the onstage actions between musical numbers. The plaintiff went to the play, and was saddened by the fact that there was no accommodation to this effect to allow him to equal access to enjoy the theater.

Many live theaters and movie theaters across the country have this sort of accommodation for the blind, or other vision impaired patrons. In fact, in 2018, movie theaters across the country will be required to provide this type of accommodation.

Does the ADA Really Cover This?

Yes. The Americans with Disabilities Act covers quite a bit that many people might not expect. While there is frequently controversy when businesses are sued for not complying with specific building codes requiring bathrooms to have specific accessible features, at this point, the ADA is approaching 27 years old and business should not be out of compliance. The readily achievable standard allows some businesses to get away with not complying, however successful business may have a harder time avoiding compliance.

The federal government in passing the ADA specifically stated that businesses that allow barriers to exist when they can be remedied are discriminating against the disabled. Given the widespread success of Hamilton, it would be shocking if the producers and management didn’t quickly resolve this matter by making the play more accessible to blind patrons.

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from Injured http://blogs.findlaw.com/injured/2017/01/hamilton-musical-sued-by-blind-patron-for-ada-violation.html
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Thursday, January 26, 2017

Signs of Daycare Abuse

Most of us would rather not need to work when our children are young, so instead we could spend that time raising and caring for our kids. Unfortunately, a lot of parents don't have that option, and instead entrust their children's health and wellbeing to daycare providers. And sadly, that trust is sometimes violated.

While the vast majority of daycare providers do excellent work caring for children, there are exceptions. Here's what you need to know about keeping your children safe when they're not at home.

Most Common Daycare Injuries

Part of being able to spot signs of daycare abuse or mistreatment is knowing which injuries are most common at daycare facilities and the indicia of those injuries:

  • Playground Injuries: Over 200,000 kids are injured on playgrounds every year, and many daycare facilities either have playgrounds or take children to visit playgrounds as part of their daily activities. Additionally, almost half of those playground injuries are serious, including bone fractures, internal injuries, and concussions, and many are preventable with diligent supervision.
  • Loose and Falling Objects: A child's curiosity for loose items on tables, shelves, chairs, and desks is apparently knows no bounds. Daycare facilities with tall bookshelves and cluttered spaces can pose increased risk for bruises, broken bones, and head injuries.
  • Bottle Warmer Burns: Children young enough to be bottle fed at home will need to be bottle fed at daycare, and that child's bottle will need to be warmed. Sadly, burns from bottle warmers are all too common. Children have been known to reach for their bottles and pull on cords or the warmers themselves, tipping the scalding water onto themselves and suffering series burns.

Daycare Safety Tips

The best way to avoid daycare abuse is to choose the right daycare facility. Here's how:

  • See the Facility: You'd be surprised at how many parents pick daycare facilities for their children sight unseen. If you can, visit on a busy day when other children are there and get a sense of the space and the activities your child will be engaged in. This can give you a better idea of the injury risks he or she may face.
  • See Their Credentials: Make sure the daycare facility is properly licensed and accredited by local, state, and national authorities (the National Association for the Education of Young Children and National Association for Family Child Care are just two).
  • See the Signs: Pay close attention to your child's appearance and demeanor before and after daycare. Not all injuries of forms of neglect or abuse come with physical cuts or bruises, so know the signs of child abuse and know how to talk to your children about their experiences.

If your child has been injured at daycare, you may want to consult with an experienced injury attorney in your area.

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from Injured http://blogs.findlaw.com/injured/2017/01/signs-of-daycare-abuse.html
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Wednesday, January 25, 2017

Apple Sued for Another Distracted Driving Death

On the heels of the lawsuit filed against Apple for the death of 5 year old Moriah Modisette due to an auto accident caused by a FaceTime-ing driver, a class action lawsuit has been filed against Apple alleging that the tech giant prioritized profits over customer and public safety. In the new case against Apple, the driver, Julio Ceja, was rear ended by a driver that was texting on their iPhone.

While the class action does not seek monetary damages for Ceja’s back injury, it is looking to hold Apple accountable for not implementing a driver “lock-out” feature, which they hold a patent for. The allegations in the two lawsuits are closely related in that they both blame Apple for not implementing a feature that would prevent drivers from being distracted by their smart phones’ many distracting features.

What Is the Driver Lock Out Feature?

The driver lock out feature refers to a patent that Apple secured that essentially detects when a person is driving, and prevents a driver from using certain features on their device.

This feature is rather controversial. Despite smart phones being one of the most prevalent distractions on the road today, including this feature is very likely to upset consumers and decrease sales.

Class Action Relief Sought

The class action lawsuit is seeking a court order to stop Apple from continuing to sell iPhones until a driver lock out mode is programmed into their devices. Additionally, the complaint is asking the court to force Apple to issue an update to all their existing phones, already in the market, to essentially install the driver lock out mode on previously sold devices.

Product Liability and the Failure to Warn

While some might criticize extending liability to Apple for the actions of drivers, under product liability laws, Apple could very well face some serious liability. Manufacturers have a duty to warn consumers about the dangers of their products. Simply failing to issue adequate warnings can be a basis for a design defect product liability action.

Unlike the Morisette case, which is seeking to recover from Apple for the wrongful death, the Ceja case is seeking to hold Apple accountable to the public.

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from Injured http://blogs.findlaw.com/injured/2017/01/apple-sued-for-another-distracted-driving-death.html
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Tailgating Car Accident Liability

The first question in any car accident is normally, whose fault was it? And if one of the drivers involved was tailgating or following the car ahead too closely, that person will generally be liable. Maintaining a safe distance between you and the car in front of you, and being able to stop before hitting that car, are essential elements to using due care when driving.

There are some car accident liability issues particular to tailgating accidents, however. Here are a few.

Fault and Liability for Tailgating Accidents

Fault for a car accident could be tied to a driver's negligence or their violation of motor vehicle statutes. A negligence claim following a tailgating accident would be premised on four main elements:

  • Duty: You must prove that the other driver owed you a duty of care, to drive responsibly;
  • Breach: You must prove that the other driver failed to meet this duty, by tailgating or following too close;
  • Causation: You must prove that you were injured as the result of the other driver's breach of duty, and that your injuries were the fault of the tailgating accident, and not something some other cause; and
  • Damages: You must prove your injuries, through medical records, medical expenses, or even emotional distress.

You could also point to the driver's violation of driving laws as proof they were at fault in the accident. Almost every state has laws against tailgating, that make it illegal to "follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway." While the other driver could be charged with a crime in the accident, you could also use this violation as evidence in a civil case.

Proving Fault in a Car Crash

Proving car accident liability in court can still be difficult, even in a seemingly obvious tailgating crash. You may need to use photos of the scene, eyewitness recollections, and police reports to prove the other driver was following too close. And in some states you may also need to prove that you had no part in creating the accident, say by having a brake light out or stopped unreasonably.

If you're thinking about a lawsuit after a tailgating accident, talk to an experienced attorney first.

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from Injured http://blogs.findlaw.com/injured/2017/01/tailgating-car-accident-liability.html
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Tuesday, January 24, 2017

Can You Sue for Getting Herpes?

It's pretty much the last thing you'd want to hear: you have herpes. But how? What happened? When? And, most importantly, who gave it to you?

According to the Centers for Disease Control, around one in six people between the ages of 14 and 49 have genital herpes, most of whom have no outwards symptoms of the disease. So did the person you contracted herpes from even know they were infected? And could that matter in a lawsuit?

Accidents

Even if a sexual partner didn't know he or she was infected with herpes at the time they gave it to you, you may still have a case for negligence. Negligence claims are premised on the fact that a person owed you of duty of care, breached that duty, and that you were injured as a result.

Courts have often recognized that sexual partners have a duty not to spread infection carelessly. If a former sexual partner knew or should have known he or she might have herpes, the failure to obtain diagnosis and/or treatment, the failure to inform you, and the failure to prevent transmission through abstention or use of prophylactics can amount to a lack of due care, making the person liable for negligence.

Lies

If a sexual partner lied to you about their STD status, you may also have a claim for fraud or misrepresentation. Fraud claims have three main elements:

  1. One party made some representation that is false: Like claiming they were herpes-free;
  2. The other party relied on that assertion, believing it to be true: Like agreeing to have sex; and
  3. The reliance by the other party was to that his or her detriment: Like being infected by herpes.

Assault

In some states, you may even be able to file a sexual battery claim, by arguing that you would not have consented to sex had you known your partner had herpes. By failing to disclose his or her status or by intentionally lying about it, your consent for that sexual encounter was bypassed, making the encounter nonconsensual.

An STD diagnosis is never good news, but that doesn't mean you have no legal recourse.

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from Injured http://blogs.findlaw.com/injured/2017/01/can-you-sue-for-getting-herpes.html
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Monday, January 23, 2017

Montana Pays $24M for Asbestos Mass Toxic Injury Settlements

Two recent mass toxic injury settlements out of Montana are a stark reminder of the dangers of exposure to asbestos dust. The $24 million is the result of two distinct settlements and resolves asbestos related injury and illness claims for over 1,000 individuals.

Asbestos is a mineral that, despite the dangers, is mined and used in all sorts of products ranging from consumer goods to industrial construction materials. Products containing asbestos include automotive brakes and home and commercial insulation and fireproofing. Exposure to asbestos dust can lead to fatal illnesses including asbestosis, mesothelioma, and cancer.

Asbestos Injury

Asbestos injuries are linked to breathing in the asbestos dust. Once exposed, injuries can lay dormant for decades. Often asbestos injuries do not occur until many years after exposure. In the industrial setting, asbestos injuries tend to occur most frequently with factory, mine, construction and automotive workers. This is due in large part to the widespread use of asbestos in industrial settings.

In addition to the workers, their families often become ill due to exposure as well. Asbestos dust can stick to clothing and be breathed in my individuals who share living space with workers exposed to asbestos.

Can You Sue for an Asbestos Injury?

Even though it is generally well known that exposure to asbestos dust causes injury, when a worker, or individual, gets sick from exposure, there is likely liability against the employer. Usually, if a worker was not warned of the danger, nor protected from it, their employer will be liable. Additionally, even if warnings are provided, an employer could still be found liable depending on the precautions provided and situation. Despite the dangers having been known decades, exposures still occur, and lawsuits continue to get filed.

If you have been diagnosed with an asbestos-related illness, even if the exposure happened over a decade ago, it may be worthwhile to contact a local injury attorney, as the claim may not be time barred under the discovery rule or other exception. Asbestos injury claims are complex, however, often result in large financial awards which can frequently help pay for medical bills and other expenses that an individual or their family might be facing after a serious diagnosis.

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from Injured http://blogs.findlaw.com/injured/2017/01/montana-pays-24m-for-asbestos-mass-toxic-injury-settlements.html
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Friday, January 20, 2017

Tips for Filing Taxes With a Personal Injury Settlement

You probably spent so much time battling back from injury and fighting for compensation last year that you can't imagine having to pay some of your personal injury settlement out in taxes. And, for the most part, you won't need to. But there may be some portions of the settlement or award that may be taxable income, and you may owe some percentage to the IRS.

So here's what you need to know about how a personal injury settlement will affect your taxes.

Physical Injury and Sickness Compensation

Settlement amounts allocated for personal physical injuries or physical sickness should not be included as income, and therefore the full amount is non-taxable. However, if any of that amount was for medical expenses that you paid and deducted from your taxes in prior years, you must report that amount if the deduction amounted to a tax benefit.

Emotional Distress Compensation

So long as the emotional distress is related to the physical injury or sickness for which you were compensated, that amount will also be untaxed. But if you receive proceeds for emotional distress or mental anguish that did not originate from a personal physical injury or physical sickness, you must include that as income. The amount you'll be taxed, though, can be reduced by any amount you paid for medical expenses.

Lost Wages Compensation

If you missed work due to an injury, compensation for those lost wages may not be taxable. But if you got money in a settlement in an employment-related lawsuit, like a discrimination or wrongful termination claim, proceeds for lost wages can be taxable just like any other income.

Punitive Damages

Punitive damages are designed to punish bad behavior, rather than compensate for an injury. Therefore, if you asked for and received punitive damages as part of your personal injury settlement or award, that amount will be considered taxable income.

For a more complete picture of how your personal injury settlement will affect your tax filing, contact an experienced injury attorney near you.

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from Injured http://blogs.findlaw.com/injured/2017/01/tips-for-filing-taxes-with-a-personal-injury-settlement.html
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Thursday, January 19, 2017

Can You Sue Someone Who Moved Out of the Country?

If you entered a legal dispute with, or were injured by, another person who left the country, you may be wondering what you can do. Your right to pursue a legal claim against the person does not just disappear if they leave the country, but there will be additional steps in the judicial process, and it will likely become more difficult to recover monetary damages.

Generally, legal claims can be filed in state courts in the United States against individuals who have left the state and/or country. If the person being sued does not appear in court to defend themselves, they risk receiving a default judgment. However, there are likely international law issues with enforcing the default judgment abroad if the individual possessed no assets in the states.

What’s the Point?

Frequently, because of the high cost of litigation and the low likelihood of recover against a person in a foreign country with no assets in the states, many people forgo filing legal claims against individuals that leave the country. However, this should not be done without having an experienced attorney assess the situation. There are some foreign countries that are easier to work with than others, and if your claim is large enough, it may be financially worth pursuing.

Additionally, if you believe the defendant has only left the country temporarily, many states allow judgments to be enforced upto a decade or more later.

Serving the Lawsuit Abroad, and Other Considerations

One of the most difficult aspects of suing someone in a foreign country is giving them notice of the lawsuit. The costs of tracking down the individual in another country can often scare off potential plaintiffs. However, actually delivering the papers to the person can be accomplished economically, even if you have to hire a local person to personally deliver the documents.

Additionally, it is worthwhile to consult and/or work with an attorney in the foreign country or an international law attorney in the US to ensure that your US judgment will be enforceable abroad.

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from Injured http://blogs.findlaw.com/injured/2017/01/can-you-sue-someone-who-moved-out-of-the-country.html
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Wednesday, January 18, 2017

When to Sue a Kindergarten for Your Child's Injury

Depending on how a child is injured, a parent may want to explore the legal remedies their child has for their injury. While children are generally resilient and can bounce back from most injuries, there may be times when that is not the case. Regardless, a child, like an adult, has the right to live life free of being injured due to the negligence of others, and when they are injured as a result of negligence, they possess a legal claim for damages.

If your child was injured at school, daycare, or kindergarten, your child may have a legal claim depending on how the injury occurred.

When You Might Have a Legal Claim

You might be able to bring a legal claim for your child’s injuries in any number of instances when one party is negligent. Here are a few situations to consider:

A Child’s Statute of Limitations

Children, minors, generally, are afforded their childhood to accrue legal claims. Until a child is 18 years old and no longer a legal minor, the statute of limitations for civil claims does not begin to run. So, for instance, in a state with a two year statute of limitations on injury claims, a child that is injured will have until the age of 20 to sue for their injury, even if it happened when they were 6 years old. However, statutes of limitations do vary by state and not all states extend the statute of limitations for minor claims in the same way. For instance, there could be complications, particularly if a government claim is involved, which is likely the case if your child is at a public school.

Deciding when to file suit, or start a legal claim, on behalf of your child is a different question that requires analysis of your child’s particular legal case. Definitely do not let any statute of limitations expire. The good news is that most personal injury attorneys will offer free initial consultations.

Seeking Legal Help

Getting legal advice early on after the injury is always advisable. Even if you’re not going to file on behalf of your child, your child may want to file when they turn 18. A local, experienced personal injury attorney can advise you regarding whether you have a good case, how long you have to bring the claim on your child’s behalf, when is the best time to bring the case, what documentation you should save for future use, and what some of the likely outcomes could be.

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from Injured http://blogs.findlaw.com/injured/2017/01/when-to-sue-a-kindergarten-for-your-childs-injury.html
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