Pothole Injury Lawsuit Claims

via Tumblr hobbsr04.tumblr.com/post/145230833872 Whether on foot, on your motorcycle, or even in a car, unrepaired potholes can be a serious injury risk. A recent case in Utah proves how hard it can be to hold municipalities responsible for pothole injuries. In 2011, Salt Lake City resident Jeffrey Wood seriously injured his left arm when he tripped in an unrepaired pothole in the street. Although city workers had visited the street over 20 times in the four months the pothole had been there, the Utah Court of Appeals found that a district court was correct in ruling that the city was not negligent failing to identify and repair the pothole. Here’s a deeper look at that decision, and pothole injury lawsuits in general. City Streets Gone to Pot In general, property owners are responsible for either removing or repairing known hazards (like broken or cracked public sidewalks, snow and ice, or potholes) on their property. This rule applies to cities as well, but normally only to dangerous conditions that the property owner knows or should know about. As the Utah Court of Appeals explained, “the City can be held liable only if it failed to exercise reasonable care to remedy the pothole after it obtained actual or constructive notice of it.” The city admitted that “street sweepers swept Blaine Avenue five times and that sanitation workers collected garbage approximately sixteen times,” but also asserted that these workers, while asked to report potholes, are not required to do so. Because there was no evidence that these workers saw or reported the pothole, Wood couldn’t demonstrate that the city knew or should’ve known about the danger, and therefore couldn’t prove the city was negligent in failing to fix it. Municipal Duties The court did concede that while “it ‘need not keep its streets in a perfect or an absolutely safe condition,’ a municipality has a duty to keep its streets in a ‘reasonably safe condition.’” In this case at least, Salt Lake City had taken reasonable enough efforts to identify and repair potholes. Wood’s case reveals some of the complexities of a negligence case and some of the difficulties in proving one. It’s not enough to show you were injured, or even that you were injured by a dangerous condition on city property. Unless you can prove the city knew about the dangerous condition and failed to repair it, your injury claim may not be successful. The best assessment you can get regarding your own claim will come from an experienced personal injury attorney. If you’ve been injured on city property, contact one near your today. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Sue the Government Over Potholes, Salt Damage? (FindLaw’s Injured) Suing for Slip and Falls: What’s Your Suffering Worth? (FindLaw’s Injured) If My Car Is Damaged by Road Conditions or Construction, Can I Sue? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/05/pothole-injury-lawsuit-... via Blogger hobbsr04.blogspot.com/2016/05/pothole-injury-lawsuit-clai...

via Flickr http://www.flickr.com/photos/87814799@N02/27352161616

Pothole Injury Lawsuit Claims

Whether on foot, on your motorcycle, or even in a car, unrepaired potholes can be a serious injury risk. A recent case in Utah proves how hard it can be to hold municipalities responsible for pothole injuries.

In 2011, Salt Lake City resident Jeffrey Wood seriously injured his left arm when he tripped in an unrepaired pothole in the street. Although city workers had visited the street over 20 times in the four months the pothole had been there, the Utah Court of Appeals found that a district court was correct in ruling that the city was not negligent failing to identify and repair the pothole.

Here’s a deeper look at that decision, and pothole injury lawsuits in general.

City Streets Gone to Pot

In general, property owners are responsible for either removing or repairing known hazards (like broken or cracked public sidewalks, snow and ice, or potholes) on their property. This rule applies to cities as well, but normally only to dangerous conditions that the property owner knows or should know about. As the Utah Court of Appeals explained, “the City can be held liable only if it failed to exercise reasonable care to remedy the pothole after it obtained actual or constructive notice of it.”

The city admitted that “street sweepers swept Blaine Avenue five times and that sanitation workers collected garbage approximately sixteen times,” but also asserted that these workers, while asked to report potholes, are not required to do so. Because there was no evidence that these workers saw or reported the pothole, Wood couldn’t demonstrate that the city knew or should’ve known about the danger, and therefore couldn’t prove the city was negligent in failing to fix it.

Municipal Duties

The court did concede that while “it ‘need not keep its streets in a perfect or an absolutely safe condition,’ a municipality has a duty to keep its streets in a ‘reasonably safe condition.’” In this case at least, Salt Lake City had taken reasonable enough efforts to identify and repair potholes.

Wood’s case reveals some of the complexities of a negligence case and some of the difficulties in proving one. It’s not enough to show you were injured, or even that you were injured by a dangerous condition on city property. Unless you can prove the city knew about the dangerous condition and failed to repair it, your injury claim may not be successful.

The best assessment you can get regarding your own claim will come from an experienced personal injury attorney. If you’ve been injured on city property, contact one near your today.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Sue the Government Over Potholes, Salt Damage? (FindLaw’s Injured)
• Suing for Slip and Falls: What’s Your Suffering Worth? (FindLaw’s Injured)
• If My Car Is Damaged by Road Conditions or Construction, Can I Sue? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/05/pothole-injury-lawsuit-claims.html

Recovering Lost Wages After a Car Accident

via Tumblr hobbsr04.tumblr.com/post/145205128547 This is another in our series on car accident claims. So many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help. When you get in a car accident and are injured, you probably don’t think about work first thing. But work is how you earn your living, and if you don’t go, depending on your employment set-up, then the hit you feel after a car accident can be financial as well as physical. Typically, people who are injured in a car accident can recover lost wages. How they recover and how much depends on a number of factors, including the nature of their employment, state laws, the specifics of the accident and how it happened, and whether they seek recovery by making an insurance claim or filing a negligence suit. Let’s consider some lost wages recovery basics. Proving Lost Wages Whether you are making an insurance claim or seek to recover lost wages through a lawsuit, the proof you will have to show is similar when it comes to documenting the past. It is not enough to say that you couldn’t make it to work on certain days. There must be a connection between a medical condition arising from the accident and the time you were away from work, one that is supported by your medical record and your doctors. You can also be asked to submit to an Independent Medical Exam (IME) by an insurer from whom you seek to recover. Some insurance policies demand these exams, so don’t be sure you can refuse and still recover your damages. In the context of lawsuits, judges too may order you to undergo an IME. Assuming you can prove your time away from work was due to injuries associated with the accident, you should be able to recover for time taken if you were immobilized and for therapy and care. Basically, any time in the past that you should have been at work but were not because of an injury caused by the accident is theoretically compensable in damages. Now let’s look to the future. Looking Ahead The context of your claim and how much money you seek matter and will impact how you prove damages, and showing future loss can be tough. Proving what would have been in a future that is not occurring as planned is particularly difficult, much more so than documenting the past. If you were in a major accident and are suing for a lifetime of future lost earnings in a matter before a jury, you will need an expert to testify as to your past pay, what it is worth today, and what you would likely have been paid in years to come if the accident had not happened. Proving future damages is complex and based on professional conventions — it must be left to experts. Talk to a Lawyer If you were injured in a car accident, speak to a lawyer before settling your insurance claim or deciding what steps to take. Get guidance and help. Many attorneys consult for free or a minimal fee and will be happy to assess your claim. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Damages Estimate Worksheet (FindLaw’s Learn About the Law) Economic Recovery for Accidents and Injuries (FindLaw’s Learn About the Law) Calculating Car Accident Insurance Settlements (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/05/recovering-lost-wages-a... via Blogger hobbsr04.blogspot.com/2016/05/recovering-lost-wages-after...

via Flickr http://www.flickr.com/photos/87814799@N02/27099088800

Recovering Lost Wages After a Car Accident

This is another in our series on car accident claims. So many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

When you get in a car accident and are injured, you probably don’t think about work first thing. But work is how you earn your living, and if you don’t go, depending on your employment set-up, then the hit you feel after a car accident can be financial as well as physical.

Typically, people who are injured in a car accident can recover lost wages. How they recover and how much depends on a number of factors, including the nature of their employment, state laws, the specifics of the accident and how it happened, and whether they seek recovery by making an insurance claim or filing a negligence suit. Let’s consider some lost wages recovery basics.

Proving Lost Wages

Whether you are making an insurance claim or seek to recover lost wages through a lawsuit, the proof you will have to show is similar when it comes to documenting the past. It is not enough to say that you couldn’t make it to work on certain days. There must be a connection between a medical condition arising from the accident and the time you were away from work, one that is supported by your medical record and your doctors.

You can also be asked to submit to an Independent Medical Exam (IME) by an insurer from whom you seek to recover. Some insurance policies demand these exams, so don’t be sure you can refuse and still recover your damages. In the context of lawsuits, judges too may order you to undergo an IME.

Assuming you can prove your time away from work was due to injuries associated with the accident, you should be able to recover for time taken if you were immobilized and for therapy and care. Basically, any time in the past that you should have been at work but were not because of an injury caused by the accident is theoretically compensable in damages. Now let’s look to the future.

Looking Ahead

The context of your claim and how much money you seek matter and will impact how you prove damages, and showing future loss can be tough. Proving what would have been in a future that is not occurring as planned is particularly difficult, much more so than documenting the past.

If you were in a major accident and are suing for a lifetime of future lost earnings in a matter before a jury, you will need an expert to testify as to your past pay, what it is worth today, and what you would likely have been paid in years to come if the accident had not happened. Proving future damages is complex and based on professional conventions — it must be left to experts.

Talk to a Lawyer

If you were injured in a car accident, speak to a lawyer before settling your insurance claim or deciding what steps to take. Get guidance and help. Many attorneys consult for free or a minimal fee and will be happy to assess your claim.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Damages Estimate Worksheet (FindLaw’s Learn About the Law)
• Economic Recovery for Accidents and Injuries (FindLaw’s Learn About the Law)
• Calculating Car Accident Insurance Settlements (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/05/recovering-lost-wages-after-a-car-accident.html

States Sue Johnson & Johnson for Pelvic Mesh Dangers

via Tumblr hobbsr04.tumblr.com/post/145006098287 Health care giant Johnson and Johnson was sued this week by the attorneys general of California and Washington for misrepresenting the risks of vaginal mesh implants, causing severe complications for thousands of women. The company responded by calling the lawsuits unjustified. But the devices were recently reclassified as high-risk by the Food and Drug Administration and there are already product liability lawsuits against the company for injury from them. Let’s consider the claims. Why This Device? Pelvic organ prolapse describes a condition of shifting organs on the pelvic floor. It can happen to women after childbirth, a hysterectomy or menopause, and the vaginal mesh devices are used to treat the condition. The mesh is also used to treat stress urinary incontinence (SUI) as described ably by an appellate court in a product liability case last year: SUI is the involuntary loss of urine when the bladder is put under stress such as from sneezing, coughing, laughing, or exercising. Using a … curved needle, a surgeon pulls the [mesh] tape through incisions in the anterior wall of a woman’s vagina … form[ing] a hammock underneath the urethra to help prevent the leakage of urine. After reports of thousands of injuries from this insertion, however, the FDA now considers these devices dangerous and is scrutinizing them more closely. Meanwhile, the states are closing in on Johnson and Johnson. The Lawsuits California and Washington sued on behalf of thousands of women who they say were injured by the Johnson and Johnson devices, seeking penalties and an end to advertising of the vaginal mesh. The states were part of a national investigation, led by the California attorney general. According to the lawsuit filed in California, Johnson and Johnson and its Ethicon unit falsely marketed the devices as a safe and superior alternative to non-mesh treatments for pelvic floor disorders, despite knowing that they could cause pain, bleeding, loss of sexual function and other side effects. “Johnson & Johnson put millions of women at risk of severe health problems by failing to provide critical information to doctors and patients about its surgical mesh products,” California Attorney General Kamala Harris said in a statement. Injured? If you have been injured by a vaginal mesh, or due to any other defective product, talk to a lawyer. Many attorneys consult for free or a minimal fee and will be happy to hear your story. Related Resources: Injured by a pelvic mesh or defective device? Get your claim reviewed for free. (Consumer Injury) What Is Product Liability? (FindLaw’s Learn About the Law) Legal Basis for Liability in Product Cases (FindLaw’s Learn About the Law) Product Liability Law FAQ (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/05/states-sue-johnson-and-... via Blogger hobbsr04.blogspot.com/2016/05/states-sue-johnson-johnson-...

via Flickr http://www.flickr.com/photos/87814799@N02/26679965063

States Sue Johnson & Johnson for Pelvic Mesh Dangers

Health care giant Johnson and Johnson was sued this week by the attorneys general of California and Washington for misrepresenting the risks of vaginal mesh implants, causing severe complications for thousands of women. The company responded by calling the lawsuits unjustified.

But the devices were recently reclassified as high-risk by the Food and Drug Administration and there are already product liability lawsuits against the company for injury from them. Let’s consider the claims.

Why This Device?

Pelvic organ prolapse describes a condition of shifting organs on the pelvic floor. It can happen to women after childbirth, a hysterectomy or menopause, and the vaginal mesh devices are used to treat the condition. The mesh is also used to treat stress urinary incontinence (SUI) as described ably by an appellate court in a product liability case last year:

SUI is the involuntary loss of urine when the bladder is put under stress such as from sneezing, coughing, laughing, or exercising. Using a … curved needle, a surgeon pulls the [mesh] tape through incisions in the anterior wall of a woman’s vagina … form[ing] a hammock underneath the urethra to help prevent the leakage of urine.

After reports of thousands of injuries from this insertion, however, the FDA now considers these devices dangerous and is scrutinizing them more closely. Meanwhile, the states are closing in on Johnson and Johnson.

The Lawsuits

California and Washington sued on behalf of thousands of women who they say were injured by the Johnson and Johnson devices, seeking penalties and an end to advertising of the vaginal mesh. The states were part of a national investigation, led by the California attorney general.

According to the lawsuit filed in California, Johnson and Johnson and its Ethicon unit falsely marketed the devices as a safe and superior alternative to non-mesh treatments for pelvic floor disorders, despite knowing that they could cause pain, bleeding, loss of sexual function and other side effects. “Johnson & Johnson put millions of women at risk of severe health problems by failing to provide critical information to doctors and patients about its surgical mesh products,” California Attorney General Kamala Harris said in a statement.

Injured?

If you have been injured by a vaginal mesh, or due to any other defective product, talk to a lawyer. Many attorneys consult for free or a minimal fee and will be happy to hear your story.

Related Resources:

• Injured by a pelvic mesh or defective device? Get your claim reviewed for free. (Consumer Injury)
• What Is Product Liability? (FindLaw’s Learn About the Law)
• Legal Basis for Liability in Product Cases (FindLaw’s Learn About the Law)
• Product Liability Law FAQ (FindLaw’s Learn About the Law)
  

from Injured http://blogs.findlaw.com/injured/2016/05/states-sue-johnson-and-johnson-for-misrepresenting-pelvic-mesh-dangers.html

Top 5 Travel Injury Legal Issues

via Tumblr hobbsr04.tumblr.com/post/144969154202 It’s almost summertime, so time to hit the road, see the sights, and travel the high seas. But with travels come trouble sometimes, accidents and injuries, which could be costly. Here is some advice for travelers, whatever your mode of transport, be it trains, planes, automobiles, boats, or a combo. Find out how to handle travel accident recovery. Travel Accident Recovery 1. Injured on an Airplane: How Can You Recover? You probably don’t realize just how treacherous being on a plane is, and that is apart from the hazard of hurtling through the skies. Injuries on airplanes can happen due to fallen luggage from overhead compartments, turbulence, airline employee error and more. Airlines owe passengers a high duty of care and passengers do recover when they are proven negligent. 2. Injured in a Bus Crash: How Much Is My Case Worth? It is never a good idea to guess at what a case is worth without knowing all the details, and even then it’s probably best not to assume. But bus crash injuries can be severe and you can certainly sue if you are hurt while traveling on this type of common carrier. 3. Can I Sue for a Railroad Crossing Accident? If you’re on a train that crashes or are injured in some way while traveling Orient Express style, you can certainly sue to recover for your expenses and pain and suffering. As for drivers injured in a railroad crossing accident, that too is an unfortunately common occurrence and a basis for recovery. 4. Cruise Ship Injury: Can I Sue? Traveling on a cruise ship combines the fun of staying at a hotel with the thrill of being on the high seas and a dash of the old-fashioned. But cruise ships are also a prime place to get injured — not only are there activities of all kinds but there’s the risk of accidents in restaurants, on decks, and with the movement of the ship itself. If your vacation ends in a sea of sorrows due to the negligence of the cruise ship company, you can sue. 5. Road Trip Safety Tips: How to Not Get Injured The most American vacation of them all is the road trip, a journey great artists have paid tribute to in books, film, music, and more. But before you hit the road, know the score on staying safe. Traveling in a car for long hours can be dangerous. Talk to a Lawyer If you are injured during your travels or at any other time and you believe it is due to the negligence of another, speak to a lawyer. Tell your story. Many attorneys consult for free or a minimal fee and will be happy to assess your case. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Cruise Ship Sickness: Can Passengers Sue? (FindLaw’s Injured) Cruise Ship Injuries: What Are Your Rights? (FindLaw’s Injured) Top Ten Road Trip Legal Tips (FindLaw’s Law and Daily Life) from Injured blogs.findlaw.com/injured/2016/05/top-5-travel-injury-leg... via Blogger hobbsr04.blogspot.com/2016/05/top-5-travel-injury-legal-i...

via Flickr http://www.flickr.com/photos/87814799@N02/26664990423

Top 5 Travel Injury Legal Issues

It’s almost summertime, so time to hit the road, see the sights, and travel the high seas. But with travels come trouble sometimes, accidents and injuries, which could be costly.

Here is some advice for travelers, whatever your mode of transport, be it trains, planes, automobiles, boats, or a combo. Find out how to handle travel accident recovery.

Travel Accident Recovery

1. Injured on an Airplane: How Can You Recover?

You probably don’t realize just how treacherous being on a plane is, and that is apart from the hazard of hurtling through the skies. Injuries on airplanes can happen due to fallen luggage from overhead compartments, turbulence, airline employee error and more. Airlines owe passengers a high duty of care and passengers do recover when they are proven negligent.

2. Injured in a Bus Crash: How Much Is My Case Worth?

It is never a good idea to guess at what a case is worth without knowing all the details, and even then it’s probably best not to assume. But bus crash injuries can be severe and you can certainly sue if you are hurt while traveling on this type of common carrier.

3. Can I Sue for a Railroad Crossing Accident?

If you’re on a train that crashes or are injured in some way while traveling Orient Express style, you can certainly sue to recover for your expenses and pain and suffering. As for drivers injured in a railroad crossing accident, that too is an unfortunately common occurrence and a basis for recovery.

4. Cruise Ship Injury: Can I Sue?

Traveling on a cruise ship combines the fun of staying at a hotel with the thrill of being on the high seas and a dash of the old-fashioned. But cruise ships are also a prime place to get injured — not only are there activities of all kinds but there’s the risk of accidents in restaurants, on decks, and with the movement of the ship itself. If your vacation ends in a sea of sorrows due to the negligence of the cruise ship company, you can sue.

5. Road Trip Safety Tips: How to Not Get Injured

The most American vacation of them all is the road trip, a journey great artists have paid tribute to in books, film, music, and more. But before you hit the road, know the score on staying safe. Traveling in a car for long hours can be dangerous.

Talk to a Lawyer

If you are injured during your travels or at any other time and you believe it is due to the negligence of another, speak to a lawyer. Tell your story. Many attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Cruise Ship Sickness: Can Passengers Sue? (FindLaw’s Injured)
• Cruise Ship Injuries: What Are Your Rights? (FindLaw’s Injured)
• Top Ten Road Trip Legal Tips (FindLaw’s Law and Daily Life)
  

from Injured http://blogs.findlaw.com/injured/2016/05/top-5-travel-injury-legal-issues-on-trains-planes-boats-and-cars.html

IVC Blood Filter Plaintiffs Multiply: Should You Sue Too?

via Tumblr hobbsr04.tumblr.com/post/144955893257 If you suffer from blood clotting complications, you have likely heard of IVC filters, formally known as inferior vena cava filters. These relatively commonly implanted medical devices have stirred up much controversy, and a bunch of lawsuits, and critics of the filters are increasingly asking if they are effective at all. So if you have an IVC filter, should you panic? No. But you should familiarize yourself with the dangers and if you’ve been injured due to a filter then you should consider a lawsuit. You will not be at all alone — according to the Lawyers and Settlements blog, there already nearly 1,000 such cases already. Why IVC Filters? Filters are implanted in the inferior vena cava of patients who can’t tolerate anti-coagulants or other medications designed to thin blood and prevent clots. The inferior vena cava is a large vein that carries deoxygenated blood to the heart from the lower body. IVC filters are described by the Food and Drug Administration as “cage-like devices” that are placed in the vein and designed to trap blood clot fragments. Unfortunately, the filters have a history of breaking and migrating inside patients, which causes serious injuries and even death. IVC filters have additionally been known to tilt or get stuck, to splinter, and to cause damage by perforating organs or tissues, and more. Studies also suggest that these filters can increase the risk of blood clots, rather than the intended effect of anti-coagulation. The Feds Recommend The FDA has issued guidance to physicians who have patients with retrievable IVC filters, advising them to remove filters as soon as possible. Some filters are designed to be temporary and some are meant to be left in permanently. Now, the FDA is saying that retrievable, temporary filters should be removed promptly, writing: The FDA encourages all physicians involved in the treatment and follow-up of patients receiving IVC filters to consider the risks and benefits of filter removal for each patient. A patient should be referred for IVC filter removal when the risk/benefit profile favors removal and the procedure is feasible given the patient’s health status. Suing for IVC Filter Injury Plaintiffs who have sued for IVC filter injuries complain that they were not warned of the risks associated with implantation of these devices. Hundreds of plaintiffs have reportedly filed suit since March alone, swelling the number of cases on the two major consolidated matters to nearly a thousand. To determine if you should sue too, speak to a lawyer. Talk to a Lawyer If you have been injured due to an IVC blood filter or by some other medical device, do not delay. Consult with a lawyer today. Many attorneys consult for free or a minimal fee and will be happy to discuss your claim. Related Resources: Hurt due to an IVC filter or other medical device? Get your claim reviewed for free. (Consumer Injury) IVC Blood Clot Filter Problems and FAQs (FindLaw’s Injured) How Dangerous Are Blood Clot Filters? (FindLaw’s Injured) How Long Can a Blood Clot Filter Be Left In? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/05/ivc-blood-filter-plaint... via Blogger hobbsr04.blogspot.com/2016/05/ivc-blood-filter-plaintiffs...

via Flickr http://www.flickr.com/photos/87814799@N02/26657673644

IVC Blood Filter Plaintiffs Multiply: Should You Sue Too?

If you suffer from blood clotting complications, you have likely heard of IVC filters, formally known as inferior vena cava filters. These relatively commonly implanted medical devices have stirred up much controversy, and a bunch of lawsuits, and critics of the filters are increasingly asking if they are effective at all.

So if you have an IVC filter, should you panic? No. But you should familiarize yourself with the dangers and if you’ve been injured due to a filter then you should consider a lawsuit. You will not be at all alone — according to the Lawyers and Settlements blog, there already nearly 1,000 such cases already.

Why IVC Filters?

Filters are implanted in the inferior vena cava of patients who can’t tolerate anti-coagulants or other medications designed to thin blood and prevent clots. The inferior vena cava is a large vein that carries deoxygenated blood to the heart from the lower body. IVC filters are described by the Food and Drug Administration as “cage-like devices” that are placed in the vein and designed to trap blood clot fragments.

Unfortunately, the filters have a history of breaking and migrating inside patients, which causes serious injuries and even death. IVC filters have additionally been known to tilt or get stuck, to splinter, and to cause damage by perforating organs or tissues, and more. Studies also suggest that these filters can increase the risk of blood clots, rather than the intended effect of anti-coagulation.

The Feds Recommend

The FDA has issued guidance to physicians who have patients with retrievable IVC filters, advising them to remove filters as soon as possible. Some filters are designed to be temporary and some are meant to be left in permanently. Now, the FDA is saying that retrievable, temporary filters should be removed promptly, writing:

The FDA encourages all physicians involved in the treatment and follow-up of patients receiving IVC filters to consider the risks and benefits of filter removal for each patient. A patient should be referred for IVC filter removal when the risk/benefit profile favors removal and the procedure is feasible given the patient’s health status.

Suing for IVC Filter Injury

Plaintiffs who have sued for IVC filter injuries complain that they were not warned of the risks associated with implantation of these devices. Hundreds of plaintiffs have reportedly filed suit since March alone, swelling the number of cases on the two major consolidated matters to nearly a thousand. To determine if you should sue too, speak to a lawyer.

Talk to a Lawyer

If you have been injured due to an IVC blood filter or by some other medical device, do not delay. Consult with a lawyer today. Many attorneys consult for free or a minimal fee and will be happy to discuss your claim.

Related Resources:

• Hurt due to an IVC filter or other medical device? Get your claim reviewed for free. (Consumer Injury)
• IVC Blood Clot Filter Problems and FAQs (FindLaw’s Injured)
• How Dangerous Are Blood Clot Filters? (FindLaw’s Injured)
• How Long Can a Blood Clot Filter Be Left In? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/05/ivc-blood-filter-plaintiffs-multiply-should-you-sue-too.html

Suing Over Flawed Metal Hips Used in Replacements

via Tumblr hobbsr04.tumblr.com/post/144921942472 After a trial in Texas this year, Johnson and Johnson was ordered to pay $502 million to five plaintiffs injured by the company’s flawed artificial hips. The hips, sold under the name Pinnacle, leached metals into patients’ bodies and failed prematurely, forcing the plaintiffs to undergo additional surgeries and endure more pain. A federal jury was definitely feeling the plaintiffs’ pain, considering that it awarded them $360 million in punitive damages based on Johnson and Johnson hiding flaws in the product and marketing the hips aggressively anyway. Let’s look at the claims, as reported by Bloomberg News, and what this means to you. Second Try This was not the first case complaining of Johnson and Johnson’s metal hip product — there are about 8,000 such cases filed reportedly, now consolidated in Texas federal court for pretrial procedures. But this was the first to succeed, as Johnson and Johnson won a prior trial by arguing that a surgeon had failed to properly place the hip in the patient’s body. In the more recent matter, all five patients had to have their Pinnacle replacement hips replaced surgically after they broke down prematurely due to the materials used and design flaws. The plaintiffs were awarded $142 million in compensable damages, apart from the $360 million in punitive damages, making for a total award of $502 million. But immediately after the jury decided to punish Johnson and Johnson, company attorney John Beisner told Bloomberg News that the company will appeal. He expects the damages award to be reduced substantially. “The grounds for appeal are strong and the punitive damages will be reduced to around $10 million subject to the Texas statutory cap,” he said. What This Means There are thousands of outstanding cases filed against Johnson and Johnson over the Pinnacle metal hip. Interestingly, the company stopped manufacturing the product in 2013 after US Food and Drug Administration regulations were tightened. It’s also notable that Johnson and Johnson already entered into a $2.5 billion settlement in 2010 over claims surrounding another of its artificial hips. Although it is unfortunate that people have suffered due to the company’s flawed devices, Johnson and Johnson’s track record with replacement hips and the outcome of the recent trial indicate that if you have been injured due to a flawed replacement hip, your chances of recovery are very good. Of course, no one can say much about a case in the abstract, so you will have to speak to a lawyer about the specifics. An attorney can assess your claim and advise you on next steps. Talk to a Lawyer If you’ve been injured due to a faulty hip replacement, or for any other reason, talk to a lawyer. Many attorneys consult for free or a minimal fee and will be happy to discuss your case. Related Resources: Injured by a metal hip replacement? Get your claim reviewed free. (Consumer Injury) Metal Hip Replacement Lawsuit (FindLaw’s Learn About the Law) DePuy Hip Implants (FindLaw’s Learn About the Law) DePuy Hip Replacements: FDA Takes Closer Look (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/05/suing-over-flawed-metal... via Blogger hobbsr04.blogspot.com/2016/05/suing-over-flawed-metal-hip...

via Flickr http://www.flickr.com/photos/87814799@N02/27180278851

Suing Over Flawed Metal Hips Used in Replacements

After a trial in Texas this year, Johnson and Johnson was ordered to pay $502 million to five plaintiffs injured by the company’s flawed artificial hips. The hips, sold under the name Pinnacle, leached metals into patients’ bodies and failed prematurely, forcing the plaintiffs to undergo additional surgeries and endure more pain.

A federal jury was definitely feeling the plaintiffs’ pain, considering that it awarded them $360 million in punitive damages based on Johnson and Johnson hiding flaws in the product and marketing the hips aggressively anyway. Let’s look at the claims, as reported by Bloomberg News, and what this means to you.

Second Try

This was not the first case complaining of Johnson and Johnson’s metal hip product — there are about 8,000 such cases filed reportedly, now consolidated in Texas federal court for pretrial procedures. But this was the first to succeed, as Johnson and Johnson won a prior trial by arguing that a surgeon had failed to properly place the hip in the patient’s body.

In the more recent matter, all five patients had to have their Pinnacle replacement hips replaced surgically after they broke down prematurely due to the materials used and design flaws. The plaintiffs were awarded $142 million in compensable damages, apart from the $360 million in punitive damages, making for a total award of $502 million.

But immediately after the jury decided to punish Johnson and Johnson, company attorney John Beisner told Bloomberg News that the company will appeal. He expects the damages award to be reduced substantially. “The grounds for appeal are strong and the punitive damages will be reduced to around $10 million subject to the Texas statutory cap,” he said.

What This Means

There are thousands of outstanding cases filed against Johnson and Johnson over the Pinnacle metal hip. Interestingly, the company stopped manufacturing the product in 2013 after US Food and Drug Administration regulations were tightened. It’s also notable that Johnson and Johnson already entered into a $2.5 billion settlement in 2010 over claims surrounding another of its artificial hips.

Although it is unfortunate that people have suffered due to the company’s flawed devices, Johnson and Johnson’s track record with replacement hips and the outcome of the recent trial indicate that if you have been injured due to a flawed replacement hip, your chances of recovery are very good. Of course, no one can say much about a case in the abstract, so you will have to speak to a lawyer about the specifics. An attorney can assess your claim and advise you on next steps.

Talk to a Lawyer

If you’ve been injured due to a faulty hip replacement, or for any other reason, talk to a lawyer. Many attorneys consult for free or a minimal fee and will be happy to discuss your case.

Related Resources:

• Injured by a metal hip replacement? Get your claim reviewed free. (Consumer Injury)
• Metal Hip Replacement Lawsuit (FindLaw’s Learn About the Law)
• DePuy Hip Implants (FindLaw’s Learn About the Law)
• DePuy Hip Replacements: FDA Takes Closer Look (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/05/suing-over-flawed-metal-hips-used-in-replacements.html

How Do You Prove Soft Tissue Injury?

via Tumblr hobbsr04.tumblr.com/post/144908058932 This is another in our series on car accident claims. So many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help. Soft tissue injuries are like feelings — they’re real and they hurt but they can be invisible and not everyone believes in them. For these reasons, proving this kind of injury can be difficult, or more difficult than a more obvious type of harm, like a broken leg. Still, people do recover legal remedies for soft tissue injuries every day, so it is not at all impossible to get compensation for your damages after an accident. Let’s look at proving negligence in the context of this type of claim. Soft Tissue Injury Soft tissue injury refers to damage to soft areas of the body, like ligaments, muscles, and tendons. A hard tissue injury, by contrast, refers to a broken bone or damage to a hard area of the body. While a soft tissue injury can seem less traumatic on the surface — who wouldn’t prefer a strain to a break? — this kind of harm can last a long time and cause discomfort and make everyday duties difficult. Sprains, strains, and contusions in soft tissue do not always manifest immediately after an accident but the pain can last for years, which is why people seek to recover damages for their invisible injuries. Proving Negligence In brief, negligence is proven by showing that a person who owed you a duty of care fell below the standard required and breached that duty. If this breach is the cause of your injury and you suffer compensable damages, then you can recover for medical expenses, pain and suffering, lost wages, and more. But how do you prove you are truly sore if your injury is invisible? You will need to show medical records, evidence of having sought treatment and received a diagnosis. You can also support the claim with testimony, or affidavits. You may ask people who know you to speak about your limited mobility since the accident. You may also seek expert testimony to support your claim and explain to jurors the significance of your injury. A medical expert may testify about soft tissue injuries at trial, so that the jury better understands the harm in the way the medical community does. Although proving soft tissue injury may be more difficult than proving a broken leg, these types of claims are very common after car accidents. The force a vehicle exerts during a crash can cause a lot of damage to the human body, some of which may not register immediately. Whiplash The most common soft tissue injury is whiplash, officially known as cervical strain or sprain, or hyper-extension injury. As the official names indicate, whiplash happens when the body is strained or overextended in some way, causing damage. Whiplash is interesting because it illustrates the mysterious nature of soft tissue injury, and how dangerous this damage can be. Sometimes whiplash isn’t felt immediately after the accident but over time can manifest in stiffness, neck pain, back problems, and most alarmingly, cognitive issues. Injured? If you have been in a car accident and experienced an injury of any kind, speak to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Types of Brain Injury (FindLaw’s Learn About the Law) Can I Get Compensation for Whiplash? (FindLaw’s Injured) Types of Car Accident Injuries (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/05/how-do-you-prove-soft-t... via Blogger hobbsr04.blogspot.com/2016/05/how-do-you-prove-soft-tissu...

via Flickr http://www.flickr.com/photos/87814799@N02/26637256163

How Do You Prove Soft Tissue Injury?

This is another in our series on car accident claims. So many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

Soft tissue injuries are like feelings — they’re real and they hurt but they can be invisible and not everyone believes in them. For these reasons, proving this kind of injury can be difficult, or more difficult than a more obvious type of harm, like a broken leg.

Still, people do recover legal remedies for soft tissue injuries every day, so it is not at all impossible to get compensation for your damages after an accident. Let’s look at proving negligence in the context of this type of claim.

Soft Tissue Injury

Soft tissue injury refers to damage to soft areas of the body, like ligaments, muscles, and tendons. A hard tissue injury, by contrast, refers to a broken bone or damage to a hard area of the body.

While a soft tissue injury can seem less traumatic on the surface — who wouldn’t prefer a strain to a break? — this kind of harm can last a long time and cause discomfort and make everyday duties difficult. Sprains, strains, and contusions in soft tissue do not always manifest immediately after an accident but the pain can last for years, which is why people seek to recover damages for their invisible injuries.

Proving Negligence

In brief, negligence is proven by showing that a person who owed you a duty of care fell below the standard required and breached that duty. If this breach is the cause of your injury and you suffer compensable damages, then you can recover for medical expenses, pain and suffering, lost wages, and more.

But how do you prove you are truly sore if your injury is invisible? You will need to show medical records, evidence of having sought treatment and received a diagnosis. You can also support the claim with testimony, or affidavits.

You may ask people who know you to speak about your limited mobility since the accident. You may also seek expert testimony to support your claim and explain to jurors the significance of your injury. A medical expert may testify about soft tissue injuries at trial, so that the jury better understands the harm in the way the medical community does.

Although proving soft tissue injury may be more difficult than proving a broken leg, these types of claims are very common after car accidents. The force a vehicle exerts during a crash can cause a lot of damage to the human body, some of which may not register immediately.

Whiplash

The most common soft tissue injury is whiplash, officially known as cervical strain or sprain, or hyper-extension injury. As the official names indicate, whiplash happens when the body is strained or overextended in some way, causing damage.

Whiplash is interesting because it illustrates the mysterious nature of soft tissue injury, and how dangerous this damage can be. Sometimes whiplash isn’t felt immediately after the accident but over time can manifest in stiffness, neck pain, back problems, and most alarmingly, cognitive issues.

Injured?

If you have been in a car accident and experienced an injury of any kind, speak to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Types of Brain Injury (FindLaw’s Learn About the Law)
• Can I Get Compensation for Whiplash? (FindLaw’s Injured)
• Types of Car Accident Injuries (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/05/how-do-you-prove-soft-tissue-injury.html

My Car Accident Insurance Claim Was Denied

via Tumblr hobbsr04.tumblr.com/post/144808981737 This is another in our series on car accident claims. So many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help. Most insurance companies only make money when they can take payments on customer policies and don’t have to make payments on customer claims. And the less scrupulous insurance companies will find any reason not to pay claims. So it’s not all that surprising if your car accident insurance claim was denied. What may be surprising to some, however, is that the denial doesn’t mean you’re out of options. Here’s what you can do if your car insurance company has denied your accident claim. Additional Insurance Claims If you’re involved in a multi-car accident and your insurance company denies your claim, you could file a claim with the other driver’s insurance company. The law requires every driver to have automobile insurance, and most policies cover damage to another person, their property, or vehicle. If another driver was at fault in your accident, you may be able to recover from his or her insurance company. Make sure to always exchange insurance information after an accident, and you can use police reports and your own evidence to prove who was responsible for the accident. Additional Legal Claims Insurance companies aren’t your only source of compensation for vehicle damage or injuries – you can also file a lawsuit. And you have options when it comes to suing for your injuries. If the accident wasn’t serious, you could file a suit in small claims court. Generally, small claims courts only hear cases involving damages of $5,000 or less, although that cap can vary by state. And some small claims courts may request the parties attend mediation rather than litigate the issue. For more severe car accidents, you may have to file a personal injury lawsuit in civil court. You may be able to recover more in damages in civil court, and you may be able to sue more parties as well. If another driver was negligent and caused the accident, you can sue the driver, and possibly their insurance company. Additionally, you could sue your car insurance company as well, if you believe they denied your claim in bad faith. Car accident lawsuits can be complicated, so you’ll want someone with knowledge and experience on your side. If you’ve been injured in a car accident and your insurance company denied your claim, contact a personal injury attorney in your area to discuss your case. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) After an Accident: Insurance Claim or Lawsuit? (FindLaw’s Injured) When Insurance Isn’t Enough: Car Accident Lawsuits (FindLaw’s Injured) Coverage for Car Accidents With Uninsured Motorists (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/05/my-car-accident-insuran... via Blogger hobbsr04.blogspot.com/2016/05/my-car-accident-insurance-c...

via Flickr http://www.flickr.com/photos/87814799@N02/26590352073

My Car Accident Insurance Claim Was Denied

This is another in our series on car accident claims. So many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

Most insurance companies only make money when they can take payments on customer policies and don't have to make payments on customer claims. And the less scrupulous insurance companies will find any reason not to pay claims. So it's not all that surprising if your car accident insurance claim was denied.

What may be surprising to some, however, is that the denial doesn't mean you're out of options. Here's what you can do if your car insurance company has denied your accident claim.

Additional Insurance Claims

If you're involved in a multi-car accident and your insurance company denies your claim, you could file a claim with the other driver's insurance company. The law requires every driver to have automobile insurance, and most policies cover damage to another person, their property, or vehicle.

If another driver was at fault in your accident, you may be able to recover from his or her insurance company. Make sure to always exchange insurance information after an accident, and you can use police reports and your own evidence to prove who was responsible for the accident.

Additional Legal Claims

Insurance companies aren't your only source of compensation for vehicle damage or injuries -- you can also file a lawsuit. And you have options when it comes to suing for your injuries.

If the accident wasn't serious, you could file a suit in small claims court. Generally, small claims courts only hear cases involving damages of $5,000 or less, although that cap can vary by state. And some small claims courts may request the parties attend mediation rather than litigate the issue.

For more severe car accidents, you may have to file a personal injury lawsuit in civil court. You may be able to recover more in damages in civil court, and you may be able to sue more parties as well. If another driver was negligent and caused the accident, you can sue the driver, and possibly their insurance company. Additionally, you could sue your car insurance company as well, if you believe they denied your claim in bad faith.

Car accident lawsuits can be complicated, so you'll want someone with knowledge and experience on your side. If you've been injured in a car accident and your insurance company denied your claim, contact a personal injury attorney in your area to discuss your case.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• After an Accident: Insurance Claim or Lawsuit? (FindLaw's Injured)
• When Insurance Isn't Enough: Car Accident Lawsuits (FindLaw's Injured)
• Coverage for Car Accidents With Uninsured Motorists (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/05/my-car-accident-insurance-claim-was-denied.html

Brain Injury: Military Studies and Legal Recovery

via Tumblr hobbsr04.tumblr.com/post/144673129627 A brain injury can easily happen to anyone for any number of reasons. Adventurers, athletes, accident victims, babies during birth, kids at play, and military veterans, are all at risk. But treating head trauma is very difficult, and the best bet is to prevent it. Now Defense Department scientists are focusing on pinpointing how brain cells change after experiencing explosions to learn how to improve protective equipment. Let’s consider their experiments and legal recovery for brain injury. The Experiments Military researchers say that mild traumatic brain injuries are on the rise among veterans. There is so far no relief for these injuries, no treatment. So the scientists are trying to prevent them altogether by making better protective equipment. To do this, they must first understand what happens to a brain that experiences trauma, even mildly, over time. To figure out how the brain responds to trauma physically, the Defense Department scientists recreate the effects of explosions on the brain and measure how cell structure changes accordingly. The hope is to then sort out how to prevent these changes by making equipment that appropriately protects vulnerable areas. “For mild traumatic brain injury there is currently no treatment available, so we need to assess the mechanism of injury to find out how we can mitigate it,” said Thuvan Piehler, a research chemist with the Army Research Laboratory’s Explosive Technology Branch. Her team measures brain damage thresholds for the development of protective equipment. The civilian public often benefits from this type of military experiment. The Internet, for example, was a defense project before it was our window on the world. So it stands to reason that we’ll see the fruits of these experiments in civilian equipment soon enough. Brain Injury Lawsuits The most famous brain injury lawsuit is no doubt that of National Football League players who suffered from concussions and sued the league. But there are many ways to suffer from a brain injury and many such cases. Anyone who suffers head trauma in an accident, at the hands of a doctor, or otherwise due to someone’s negligence, could sue to recover damages. Suing is not just about allocating blame. It allows people who have incurred medical expenses and lost wages, and experienced pain and suffering to get much-needed compensation for current and future costs. Talk to a Lawyer If you have been injured due to someone else’s negligence, talk to a lawyer. Tell your story. Many personal injury attorneys consult for free or a minimal fee and will be happy to hear to assess your case. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Brain Injury Symptoms and Diagnosis (FindLaw’s Learn About the Law) Types of Brain Injury (FindLaw’s Learn About the Law) Brain Injury Rehabilitation Resources (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/05/traumatic-brain-injury-... via Blogger hobbsr04.blogspot.com/2016/05/brain-injury-military-studi...

via Flickr http://www.flickr.com/photos/87814799@N02/27105102776

Brain Injury: Military Studies and Legal Recovery

A brain injury can easily happen to anyone for any number of reasons. Adventurers, athletes, accident victims, babies during birth, kids at play, and military veterans, are all at risk. But treating head trauma is very difficult, and the best bet is to prevent it.

Now Defense Department scientists are focusing on pinpointing how brain cells change after experiencing explosions to learn how to improve protective equipment. Let’s consider their experiments and legal recovery for brain injury.

The Experiments

Military researchers say that mild traumatic brain injuries are on the rise among veterans. There is so far no relief for these injuries, no treatment. So the scientists are trying to prevent them altogether by making better protective equipment. To do this, they must first understand what happens to a brain that experiences trauma, even mildly, over time.

To figure out how the brain responds to trauma physically, the Defense Department scientists recreate the effects of explosions on the brain and measure how cell structure changes accordingly. The hope is to then sort out how to prevent these changes by making equipment that appropriately protects vulnerable areas.

“For mild traumatic brain injury there is currently no treatment available, so we need to assess the mechanism of injury to find out how we can mitigate it,” said Thuvan Piehler, a research chemist with the Army Research Laboratory’s Explosive Technology Branch. Her team measures brain damage thresholds for the development of protective equipment.

The civilian public often benefits from this type of military experiment. The Internet, for example, was a defense project before it was our window on the world. So it stands to reason that we’ll see the fruits of these experiments in civilian equipment soon enough.

Brain Injury Lawsuits

The most famous brain injury lawsuit is no doubt that of National Football League players who suffered from concussions and sued the league. But there are many ways to suffer from a brain injury and many such cases.

Anyone who suffers head trauma in an accident, at the hands of a doctor, or otherwise due to someone’s negligence, could sue to recover damages. Suing is not just about allocating blame. It allows people who have incurred medical expenses and lost wages, and experienced pain and suffering to get much-needed compensation for current and future costs.

Talk to a Lawyer

If you have been injured due to someone else’s negligence, talk to a lawyer. Tell your story. Many personal injury attorneys consult for free or a minimal fee and will be happy to hear to assess your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Brain Injury Symptoms and Diagnosis (FindLaw’s Learn About the Law)
• Types of Brain Injury (FindLaw’s Learn About the Law)
• Brain Injury Rehabilitation Resources (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/05/traumatic-brain-injury-studies-and-legal-recovery.html

Top 5 Theme Park Injury Concerns

via Tumblr hobbsr04.tumblr.com/post/144618458417 School is almost out; summer is almost in, and family vacations are right around the corner. For millions of us, that means a trip to Disney World, Sea World, or any of the other theme park worlds nationwide. While a trip to an amusement park is undoubtedly fun, they’re not always the safest place on earth. So what happens if you’re injured during your Wally World adventure? Here are some common questions and concerns regarding theme park injuries. 1. 5 Personal Injury Lessons From Disney Lawsuits The Happiest Place on Earth is also one of the most litigious places on earth. Any time your open for as long and Disneyland and Disney World and have as many customers, you’re bound to see a lawsuit or a few hundred of them. And here’s what you can learn from those injury lawsuits filed against Disney. 2. Who’s Liable for Waterpark Injuries? There may only be two Disney locations, but there are over 1,000 water parks from coast-to-coast that make cooling off from global warming a fun family affair. Generally, theme parks are responsible for the safety of their rides and attractions, but there are some extra concerns when it comes to patron safety in water parks. 3. Will SeaWorld Death End Killer Whale Shows? While the latest controversy about SeaWorld’s killer whale shows came from concern of the wellbeing of the whales, there have also been injuries and deaths to trainers too. Just like parks have a responsibility for customer safety, they are responsible for their employees’ safety as well. And workers’ compensation claims against theme parks are commonplace. 4. Theme-Park Suits Rarely See Courtrooms Most theme parks want to avoid the negative publicity associated with a personal injury lawsuit, and will do their best to settle the case before it ever goes to trial. Additionally, many parks have customers sign a liability waiver in an attempt to absolve them from legal responsibility. While these waivers can deter some lawsuits, they are not always enforceable. 5. 5 Ways to Sue Over Theme Park Injuries Despite a theme park’s best intentions to avoid customer injuries, they do happen. And despite a theme park’s best efforts to avoid litigation, there are ways to sue a theme park if you are injured at one. The best way to know whether you have a case against a theme park is to ask an experienced personal injury attorney. Many offer free consultations, so contact one in your area today. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Six Flags Death: Woman Falls From Coaster (FindLaw’s Injured) NY Six Flags Sued Over Norovirus Outbreak (FindLaw’s Injured) ‘Brain-Eating’ Amoeba Scare Closes Water Park (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/05/top-5-theme-park-injury... via Blogger hobbsr04.blogspot.com/2016/05/top-5-theme-park-injury-con...

via Flickr http://www.flickr.com/photos/87814799@N02/27084694676

Top 5 Theme Park Injury Concerns

School is almost out; summer is almost in, and family vacations are right around the corner. For millions of us, that means a trip to Disney World, Sea World, or any of the other theme park worlds nationwide.

While a trip to an amusement park is undoubtedly fun, they're not always the safest place on earth. So what happens if you're injured during your Wally World adventure? Here are some common questions and concerns regarding theme park injuries.

1. 5 Personal Injury Lessons From Disney Lawsuits

The Happiest Place on Earth is also one of the most litigious places on earth. Any time your open for as long and Disneyland and Disney World and have as many customers, you're bound to see a lawsuit or a few hundred of them. And here's what you can learn from those injury lawsuits filed against Disney.

2. Who's Liable for Waterpark Injuries?

There may only be two Disney locations, but there are over 1,000 water parks from coast-to-coast that make cooling off from global warming a fun family affair. Generally, theme parks are responsible for the safety of their rides and attractions, but there are some extra concerns when it comes to patron safety in water parks.

3. Will SeaWorld Death End Killer Whale Shows?

While the latest controversy about SeaWorld's killer whale shows came from concern of the wellbeing of the whales, there have also been injuries and deaths to trainers too. Just like parks have a responsibility for customer safety, they are responsible for their employees' safety as well. And workers' compensation claims against theme parks are commonplace.

4. Theme-Park Suits Rarely See Courtrooms

Most theme parks want to avoid the negative publicity associated with a personal injury lawsuit, and will do their best to settle the case before it ever goes to trial. Additionally, many parks have customers sign a liability waiver in an attempt to absolve them from legal responsibility. While these waivers can deter some lawsuits, they are not always enforceable.

5. 5 Ways to Sue Over Theme Park Injuries

Despite a theme park's best intentions to avoid customer injuries, they do happen. And despite a theme park's best efforts to avoid litigation, there are ways to sue a theme park if you are injured at one.

The best way to know whether you have a case against a theme park is to ask an experienced personal injury attorney. Many offer free consultations, so contact one in your area today.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Six Flags Death: Woman Falls From Coaster (FindLaw's Injured)
• NY Six Flags Sued Over Norovirus Outbreak (FindLaw's Injured)
• 'Brain-Eating' Amoeba Scare Closes Water Park (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/05/top-5-theme-park-injury-concerns.html