Tuesday, November 29, 2016

Liability Issues for Driving With ADHD

Attention Deficit Hyperactivity Disorder, better known as ADHD, is a recognized medical condition that has seen a rapid rise in the number of annual diagnoses since the early 1990s. Among the primary symptoms sufferers experience is an inability to maintain focus, or attention, as well as impulsiveness.

Since the rise in the number of diagnosed cases, researchers have turned their attention to how ADHD affects drivers. Shockingly, researchers have found that young drivers who have ADHD are more likely to get in a car accident than drunk driving adults.

ADHD and Driving

ADHD, if left untreated, can be rather dangerous for drivers. In addition to the inability to maintain focus, those who suffer from hyperactivity may also suffer from impaired judgment, or decreased risk aversion. This may correlate with the higher accident rates of those with ADHD. The combination of these factors requires drivers with ADHD to take special precautions when they are out on the road.

No Escape From Liability

When a person causes a car accident, they usually will be held liable for the damages they cause. Although a person with a medical condition may want to try to argue that the accident was caused as a result of their condition, this is usually not a winning argument. Generally, car accident and injury cases are brought as negligence cases, and as such, this type of excuse only bolsters a victim’s negligence case.

However, if a driver is unaware of a medical condition and causes a car accident as a result of the condition’s sudden onset, then liability may be questionable. Under the law, generally, the question is whether the condition’s sudden onset was foreseeable. For instance, an otherwise healthy person who has a sudden heart attack while driving may be able to avoid liability as the heart attack was not foreseeable. However, a person will not be able to avoid liability if their condition and symptoms are known and/or foreseeable, such as a diabetic that simply forgot to take their insulin or check their sugar levels before driving.

If you are involved in a car accident and you believe ADHD may be a factor, speak to an experienced personal injury lawyer right away.

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from Injured http://blogs.findlaw.com/injured/2016/11/liability-issues-for-driving-with-adhd.html
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Monday, November 28, 2016

Am I Liable If a Child Is Injured on My Property?

Property owners often ask: Am I liable if a child is injured on my property? And, like nearly every question concerning legal liability, the answer is always: it depends. Just because an injury occurred on your property, it doesn’t automatically mean you are liable. However, for property owners, and even renters, if any person is injured on their property due to their negligence, then there is potential for legal liability.

When it comes to children, there is additional exposure to liability if your property contains what is known as an attractive nuisance, or you have agreed to supervise a play date or babysit.

Premises Liability and Negligent Supervision

If a person is injured on your property due to your negligence in maintaining the property, or keeping it safe, you could be liable under the legal theory of premises liability. For instance, if a guest in your home slips and falls on a wet floor, or a hole in the stairs, that you did not warn them about, and they’re injured, they may have an injury claim against you. This is true regardless of a guest’s age. However, not every injury leads to liability.

When children are playing on your property, under your supervision, and one is injured, you could also be held liable under a theory of negligent supervision. Generally, when a parent/person agrees to allow children to gather at their home, they are accepting the responsibility of keeping them safe. When children trespass, liability may not be as cut and dry.

Attractive Nuisance

An attractive nuisance is something on the property that would usually attract a curious or playing child, or even preteens or teenagers. Swimming pools, trampolines, or construction sites, are among the most popular of the attractive nuisances.

While there may be state law regulations about safeguarding construction sites from children in all 50 states, generally, pools and trampolines and other fun things are left to local ordinances. However, regardless of whether local ordinances exist, not taking actions to prevent trespassing children from using these types of items could actually lead to legal liability.

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from Injured http://blogs.findlaw.com/injured/2016/11/am-i-liable-if-a-child-is-injured-on-my-property.html
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Friday, November 25, 2016

How to Bring a Wrongful Death Lawsuit for Mesothelioma

Mesothelioma is a type of cancer that affects the lining of a person’s internal organs, such as the lungs, stomach, and heart. There is no cure for the disease, and most cases are directly related to exposure to asbestos.

According the American Cancer Society, mesothelioma is a rare disease with approximately three thousand cases diagnosed each year. Individuals who become sick, injured, or die, as a result of asbestos exposure, may have a legal claim depending on how the exposure occurred. It can be extraordinarily difficult to assess the legal claim as mesothelioma may develop decades after the asbestos exposure.

What Kind of Legal Claim Is a Mesothelioma Case?

A legal claim for injury or death as a result of mesothelioma is usually brought as a product liability action because of the relationship between asbestos exposure and the disease, and the fact asbestos is a product. However, legal claims are most frequently brought in the occupational safety context as industrial exposure is much more common than general exposure.

The Occupational Safety and Heath Administration has developed industry standards for the companies that require employees to work with, near, or around asbestos. The OSHA regulations may form the basis of a product liability action for injury or even wrongful death.

When Can a Wrongful Death Action Be Filed?

When a person dies as a result of mesothelioma, that person’s estate may be able to bring a wrongful death action. Any recovery in the wrongful death action will go to the deceased’s estate, which will then split the proceeds according to the will or probate.

The time to file a wrongful death action will vary from state to state, and might be dependent on the facts of the case. Additionally, if the wrongful death claim is based on an injury like mesothelioma, depending on the state, a wrongful death action could be barred by the statute of limitations of the underlying injury. For instance, (in some states) if a person was diagnosed with mesothelioma five years prior to dying, and the statute of limitations to file an injury claim expired before they died, then there will be no available wrongful death claim.

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from Injured http://blogs.findlaw.com/injured/2016/11/how-to-bring-a-wrongful-death-lawsuit-for-mesothelioma.html
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Wednesday, November 23, 2016

What to Know If Another Driver Gets in a Wreck in Your Car

Clearly you would not have lent your car out if you knew the person borrowing it was going to get into an accident. And, clearly, you weren't the one behind the wheel. So other than making sure all the damage gets fixed, the wreck really isn't your problem, right?

Not so fast, my friend. There are some circumstances where you could be liable for another person's accident in your car. Here's what you need to know.

The Good News

First, there's insurance. So you and the other drivers may be covered in the case of an accident. If the accident was caused by a person other than the one driving your car, you may not have to worry about liability or insurance issues. That said, if the person driving your car causes the accident, your insurance company may not cover the damage, depending on the type of car insurance coverage you have.

Second, there's personal liability. Some drivers have insurance policies that cover them no matter what car they're driving, and may kick in if they get into an accident in your car. Or, the person driving your car may volunteer to cover any and all costs relating to the accident, which would be the responsible thing to do.

The Bad News

If none of the above applies, you could get sued for another driver's accident. There is a legal concept called "vicarious liability" that can hold some people legally liable for another's actions. This can apply in situations involving car accidents if the car owner knew or should have known that the person driving their car was an unlicensed or unsafe driver or that the car had manufacturing or other defects.

In some states, car owner liability is written right into the law. In California, for example, an "owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle." Other states have "owner's liability" statutes, although in some cases the liability is capped at a certain dollar amount, depending on the damages involved.

If someone else gets into a wreck in your car, you might want to check with a local attorney to determine your legal liability.

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from Injured http://blogs.findlaw.com/injured/2016/11/what-to-know-if-another-driver-gets-in-a-wreck-in-your-car.html
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Tuesday, November 22, 2016

When Can I Sue My Obstetrician or Gynecologist?

Advancements in gynecology and obstetrics mean that women have access to more quality reproductive health than ever before. But that doesn't mean that all doctors are perfect, or that all medical outcomes are what we hoped for.

So can your gynecologist be legally liable for failure to diagnose an issue, or for prescribing the wrong treatment? Are obstetricians responsible for birth injuries? And how do courts draw the line between a bad OB/GYN and a bad result?

Women's Health and Malpractice

All doctors and other medical professionals are held to a certain standard of care for medical treatment and surgery, and gynecologists and obstetricians are no different. OB/GYNs must treat their patients with the same level of skill, expertise, and care as those in the same or similar community under similar circumstances. If an OB/GYN fails to meet that standard, he or she can be sued for medical malpractice.

In the context of women's health, OB/GYNs and their staff must be competent in their diagnosis and treatment of reproductive issues, from sexually transmitted diseases to potential birth defects. If an obstetrician or gynecologist misdiagnoses an ailment, is grossly negligent during childbirth, operates without your informed consent, or otherwise causes you or your baby injury, you may be able to sue for medical malpractice.

Medical and Legal Liability

Not all negative medical outcomes equate to medical malpractice, however, and malpractice liability isn't premised on the result of the treatment as much as it is on the diagnosis and treatment itself. In order to win a medical malpractice lawsuit, you would need to prove that your OB/GYN reached the standard of care and that you or your child were further injured as a result.

For instance, if a gynecologist suggests a course of antibiotics for a urinary tract infection and it takes longer to recover than expected, that could be due to a variety of factors and your doctor may not be at fault at all. But if an infection spreads because your OB/GYN didn't diagnose it properly, you may have a case.

Medical malpractice claims can be especially complicated, since they often involve highly technical or specialized diagnoses and treatments. If you think your OB/GYN has caused you further injury, you may want to consult with an experienced personal injury attorney about your case.

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from Injured http://blogs.findlaw.com/injured/2016/11/when-can-i-sue-my-obstetrician-or-gynecologist.html
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Top 3 Myths About Personal Injury Lawsuits

Injury cases are often highly controversial. For example, people often disagree strongly about whether legal remedies are required to compensate for an injury, or whether the person received a fair or excessive amount.

In this context, there are numerous myths surrounding personal injury lawsuits. Here are the top three:

Myth 1: Large Jury Verdicts Are Not Deserved

Perhaps one of the most commonly believed myths about personal injury cases is that large jury verdicts or large settlements are not deserved by the injured victims. People often cite the famous McDonald’s coffee case, where a 79-year-old woman received nearly three-quarters of a million dollars after she was severely burned by spilt McDonald’s coffee. When the public initially heard about the result in this case, people were up in arms about the high verdict amount. However, not many people bothered to discover why the verdict was so high. The plaintiff in the case had third degree burns across her pelvic area, including her inner thighs, buttocks, and genitals.

Usually, if there is a large settlement or jury award, it was caused by a large, horrific, or life changing injury.

Myth 2: Slip and Fall Accidents Aren’t Winnable

The idea that slip and fall accidents are not winnable is just flat out wrong. Plaintiffs win slip and fall case frequently. The law around premises liability is well established. Even if there was a wet floor sign, or other circumstances that make the case less than ideal, it may still be winnable.

Myth 3: Car Accident Cases Can Be Handled Without Insurance or Lawyers

Sure, you can handle a car accident injury case without involving insurance companies or lawyers, but why would you want to? If you caused the accident, and you can afford to settle outside of court, you can probably afford the insurance hike just as well.

If you were injured, not involving an attorney and insurance companies is the quickest way to leave money on the table. While an injury case may not be “about the money,” there are very real financial considerations that a injury victim needs to be aware of, such as health insurance companies wanting to be paid back.

Hiring an attorney usually does not cost an injured person anything until and unless the case settles or wins. A person or insurance company will not offer to pay you for something you didn’t request.

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from Injured http://blogs.findlaw.com/injured/2016/11/top-3-myths-about-personal-injury-lawsuits.html
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Monday, November 21, 2016

First Steps If Injured While Shopping

Any time a person is injured, the first thing the injured person should be concerned with is their injury. However, if you are injured while shopping, there may be legal considerations that, if you are able to remember, could be the evidence you never thought you’d need.

When a person is injured in a store, their first thought is rarely about suing the responsible party. However, if the injury happens at a retail store, it’s a good idea to immediately gather some evidence as your legal case could depend on it, and those types of injuries frequently lead to legal claims.

Get Help in the Store

If you are severely injured in a store, such as in a slip and fall accident, waiting for paramedics to arrive is probably best. Serious injuries can be exacerbated by movement. However, even if you are not badly injured, getting help in the store is recommended, even if it is just to get a band-aid.

At a bare minimum, you should report your injury to a manager. Sometimes a store will want to get your statement. If they do, just describe what happened, where it happened, and how you were injured. If you are unable to report the injury immediately after it happens, try to do so as soon as possible after. Sometime just calling the corporate office of the store will be enough, but it is always best to make a report at the location if possible.

Get Witness Information

It is important to get witness information, if possible. If other customers saw what happened, politely ask if they would provide you with their contact information in case the store disputes what happened. Independent witnesses can prove to be invaluable when proving a case.

Take Pictures

While you may be in pain, taking pictures at the time of the incident can be very helpful. If you slipped and fell due to a wet floor, or other temporary condition, the pictures you take in the moments after the accident could be the only photos of the incident at all.

As soon as possible after an in-store injury, you should contact an experienced injury attorney to evaluate your claim.

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from Injured http://blogs.findlaw.com/injured/2016/11/first-steps-if-injured-while-shopping.html
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Friday, November 18, 2016

Is Driving With a Cold as Dangerous as Driving Drunk?

Flu season is upon us, which means quite a few folks will be driving while sniffling, either hopped up on decongestants or hoping they don't have to sneeze while rolling up to a stop sign. (And just so you know, yes, you can get a DUI for driving while on cold medicine.)

But that's not the half of it -- two recent studies found that driving with a cold could be as dangerous as drunk driving. So is getting behind the wheel with the sniffles really as bad as driving after a snifter or two?

DWI: Driving While Ill

One study, conducted by the oddly-named British insurance company Young Marmalade, found that being sick diminished a driver's skill by about 50 percent, and ill drivers were more likely to suffer from reduced reaction times and major losses of concentration while behind the wheel. In fact, researchers compared cold-impaired drivers to those who were driving after "four double whiskeys."

"Everyone knows that when they have a fever and flu symptoms they are not at their best physically or mentally," Dr. Christopher Ohl, associate professor of medicine at Wake Forest University, told ABC. "Those with illness with high fever should be staying home for a lot of reasons, including getting needed rest and protecting others from illness. Perhaps we should add safe driving to that list." Given the prevalence of the flu, colds, and other winter ailments, along with Americans' propensity for driving, it's estimated that one million Americans could be driving with a cold on any given day.

DUI: Driving Under Illness

Another British study found cold-stricken drivers had slower reaction times than those who had quaffed four pints of beer. "Colds slowed reaction times by 36 milliseconds," said Professor Andy Smith, of Cardiff University. "Yet consuming the amount of alcohol that would lead to a driving ban slows reactions by just 15 milliseconds." A simple sneeze could take a driver's eyes of the road for up to three seconds, meaning a simple case of the sniffles could have you missing street signs and traffic hazards.

Along with simple physical effects, studies have also suggested that fighting off infection could cause changes in the levels of key chemicals in the brain, leading to changes in mood, memory, and movement, all of which could affect or driving ability.

So if you feel a cold coming on, maybe stay off the roads.

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from Injured http://blogs.findlaw.com/injured/2016/11/is-driving-with-a-cold-as-dangerous-as-driving-drunk.html
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Injuries on Ice: Can You Sue After an Ice Skating Injury?

When a person is injured while engaging in a recreational activity, the rights to sue another person for their injuries can be limited. Normally, when a person is injured due to the carelessness of someone else, the injured person will have a claim for negligence. In a situation where someone is injured while ice-skating, there may be additional considerations and limitations that apply.

Before considering some of the specific limitations that apply to the ice-skating, there are two general legal principles that could be used as legal defenses to an ice-skating injury:

  • Assumption of Risk — this concept generally provides that by participating in the recreational activity, the injured party assumed the usual risk of injury associated with that recreational activity
  • Waiver — frequently, if the injury occurred while using a public facility, or as part of a recreational or school league, the injured party may have signed a waiver specifically giving up their right to sue for injuries.

Can You Sue the Facility?

When an injury occurs at an ice rink, there may be a claim against the facility or its employees. However, there are many states that have specific laws that apply to ice rink and roller rink injuries. Generally, if specific state laws exist and the facility has not violated one of the state law provisions, it is unlikely that you will be able to maintain your suit against them. Many of the state law provisions provide that the facility follow certain requirements regarding safety, overcrowding, and number of employees per skater. If the facility failed to follow the law, then a negligence claim could potentially hold water.

Can You Sue an Individual?

If you were on an ice rink, frozen pond, or lake, and the injury was caused by the negligence of another, you may have a direct claim against the person that caused your injuries. Generally though, it may be a difficult claim to bring as there is a certain assumption of risk that goes along with ice-skating on a public rink or frozen pond or lake. Someone simply causing you to fall because of an accident will likely not rise to the level of negligence. In fact, it might even require an intentional act to even be able to state a claim for negligence.

These types of claims, whether against a facility or individual, can be very complicated when it comes to proving liability. Having an experienced injury attorney evaluate your case is highly advisable.

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from Injured http://blogs.findlaw.com/injured/2016/11/injuries-on-ice-can-you-sue-after-an-ice-skating-injury.html
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Thursday, November 17, 2016

Top 4 Class Action Lawsuit Questions

You may have heard the term 'class action lawsuit' before, especially when it comes to large companies being sued by a bunch of disgruntled customers. While the majority of lawsuits are filed by one party against another single party, a class action allows many parties who are similarly injured or situated to bring one lawsuit, for the sake of consistency and efficiency.

For example, one person injured by a defective car could sue the car manufacturer, but if the defect is widespread and causes many injuries, all of those affected could sue the car manufacturer collectively, under a class action claim. Class actions can be confusing, so here are four of the biggest questions regarding class action lawsuits, along with some answers.

1. Can I Start a Class Action Lawsuit?

If you've been injured by a defective product, you might be thinking you're not the only one. But there are specific rules for certifying a class action lawsuit, and it's more complicated than just having a lot of aggrieved plaintiffs.

2. How Do I Know If I Am Eligible for a Class Action?

If a class action lawsuit has already been certified, or is in the process, you may be wondering if you can hop on board. In many cases, you will receive a notice and be given the option of opting in or out of the class. But you may still be eligible for a class action, even if you haven't received a notice.

3. Received a Class Action Lawsuit Notice? What Do You Do Next?

If you did receive a notice of a pending or completed class action lawsuit, you have a couple options. You may be able to join the lawsuit, but will be bound by whatever rulings, settlements, or judgments in the case. Or you can opt out, and you may be able to reserve your right to sue separately.

4. Can I Join a Class Action After the Statute of Limitations Expires?

All lawsuits have time limits before which they must be filed. But class actions may pause the countdown on similar lawsuits, even for those not included by the class.

Class action lawsuits can be complicated -- if you have more questions, contact an experienced personal injury attorney near you.

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from Injured http://blogs.findlaw.com/injured/2016/11/top-4-class-action-lawsuit-questions.html
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Workers' Compensation Fraud Is a Serious Offense

Maybe you're sick of your job, or your boss, and you're looking for a little revenge. Or you've been injured on the job, recovered, and like the idea of getting paid to not work. And there's all this money in state workers' compensation insurance funds, just sitting there.

Any of these scenarios might sound tempting, but how do felony charges sound? As it turns out, the Inspector General of New York takes workers' comp fraud seriously; and you should, too.

Workers' Con

Ronald Durand may have had a legitimate workers' compensation claim back in March of 2013, when he allegedly hurt his back delivering jugs of water. But months after a back injury serious enough to keep him out of work (and while still collecting benefits), Durand was spotted in the Watertown YMCA, "bench pressing as much as 335 pounds and performing other lifts with significant amounts of weight."

Even less sympathetic are the tales of Marleen Ayen and her fiance Anthony Hull. Ayen has been collecting workers' comp benefits ever since an alleged injury in 2004. Yet she was found working at a hardware store owned by Hull, who had refused many of his own employees workers' comp benefits and also told authorities he didn't even have employees.

Workers' Comp Crimes

Durand, Ayen, and Hull were charged with a bevy of criminal offenses, including third-degree grand larceny (a felony), third-degree criminal possession of stolen property (a misdemeanor), third-degree insurance fraud (a felony), first-degree offering a false instrument for filing (a felony), and first-degree falsifying business records (a felony).

Ayen and Hull are also facing crimes tied to the workers' compensation program: failure to secure the payment of compensation and fraudulent practices. All told, the trio are facing decades behind bars, and all for some free money. And not that much money, either -- the Citizen in New York reported that Ayen had collected just $3,200 over the last 12 years of fraud. Hopefully she saved enough for an attorney.

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from Injured http://blogs.findlaw.com/injured/2016/11/workers-compensation-fraud-is-a-serious-offense.html
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Wednesday, November 16, 2016

Top 5 FAQs About Personal Injury Cases

Personal injury cases are among the most frequently handled cases by private attorneys for individuals. Injury cases are more challenging for unrepresented parties because they usually do not have the experience of dealing with the big insurance companies or the big insurance company’s attorneys to know how to negotiate the best deal.

Below are 5 of the most common questions people ask about personal injury cases, ranging from the most basic to the most important.

1. What Do I Do If I have a Injury Case?

Knowing what to do if you have a personal injury case is important. While getting medical care is probably your top priority, getting legal help or exploring your legal rights as soon as possible is advisable.

2. How Do I Choose the Right Personal Injury Lawyer?

Usually, having an attorney help you with a personal injury case will make the process easier, as well as mitigate the risks of making a mistake in presenting your case that could have an impact on the value. Choosing the right attorney can sometimes be confusing as there are several to choose from. However, finding an attorney that is experienced with your type of injury or the type of accident is usually a good place to start.

3. What Do I Need to Know About Lawyer Fees?

Most injury lawyers work on a contingency fee basis. These can be set up in lots of different ways, but generally don’t require you to pay any money up front. However it is common for attorneys to take upwards of 40% of the gross recovery if they litigate a case or go through trial.

4. How Long Will It Take to Settle My Injury Lawsuit?

No two injury cases are alike. Generally though, injury cases can take anywhere from a few months to several years to settle. It all depends on the time it takes the injury to heal and the progress of the negotiations or litigation. A case can settle a few days after an injury or months after a jury verdict has been rendered.

5. Should I Accept an Insurance Settlement for My Injuries?

Deciding to accept a settlement should be carefully thought over. If you have not discussed the offer with an attorney, you really should before accepting it. You especially want to make sure that every medical provider is accounted for, as well as anyone else, such as an ambulance company, health insurance company or fire department, that may have a lien, or open bill, on your case.

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from Injured http://blogs.findlaw.com/injured/2016/11/top-5-faqs-about-personal-injury-cases.html
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Liability for Driveway Backover Accidents

All too frequently, children are injured in driveway backover accidents. These accidents tend to occur when children are playing in the driveway, behind a vehicle. Sometimes the vehicle gets put in neutral or the brake is disengaged on accident by another child playing inside the car. Sometimes it’s a relative, friend, or neighbor who just didn’t expect a child to be sitting down in the middle of their driveway when they decided to back out. However it happens, the injuries can range mild to devastating to death.

When a backover accident occurs, liability may not be clear cut as different situations can lead to some unexpected results. Keep in mind that over 70 percent of backover accidents involving children are caused by parents or close relatives. The elderly are the next largest segment of backover victims, but it is much more rare to find an elderly person playing underneath or directly behind a car. 

When Is the Driver Liable?

Apart from the situation where a child runs into the path of the vehicle after it has started moving, the driver will usually be held liable for a backover accident. However, there may be other liable individuals, such as a child’s caretaker. Additionally, if a vehicle is equipped with a backup camera or backup sensors that failed to detect the child, a vehicle manufacturer, or the component manufacturer could face a product liability suit. Generally, however, the driver and caretaker will be the ones against whom a parent will want to impose liability.

If it is a parent that causes the roll over, the child may be able to bring an action against their parent. While this may sound awkward, due to the way auto insurance companies operate, it may be required.

When Is the Homeowner Liable?

In a situation where children are playing in and around a car, and one child causes the car to backover another child, the person who was watching the children, or the person who owns the vehicle and property, can be found liable. In this type of situation, an injury may fall outside the scope of an auto insurance policy, but could still fit within a homeowner’s insurance policy.

Criminal Liability

For as common as backover accidents are, criminal charges are rarely filed in these situations. However, if there was a serious injury or death, there may be some serious criminal charges, including involuntary manslaughter or vehicular assault.

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from Injured http://blogs.findlaw.com/injured/2016/11/liability-for-driveway-backover-accidents.html
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