Can You Still Sue If the Accident Was Your Fault?

You have been in a car accident. It may have been your fault, but you were injured too.

Does this mean you can’t get any compensation for your injuries? What if the other driver was also partially at fault?

As with many legal questions, the answer depends on your state’s laws. Some states allow recovery under the comparative negligence theory. Some states bar recovery under the contributory negligence theory. About a dozen states, instead, have no fault laws.

Comparative Negligence

Under the theory of comparative negligence, you can sue and get compensation after a car accident even if you were at fault.

If your state applies pure comparative negligence, your recovery will be diminished in proportion with your fault. For example, consider a car accident that was 50 percent your fault, and your damages equal $10,000. This means you would only get 50 percent of your damages, or $5,000.

Under a more common approach, modified comparative negligence, you would not be able to recover any money if you were more than 50 percent at fault for the accident.

Contributory Negligence

Unlike comparative negligence, contributory negligence is much harsher. In a contributory negligence state, you cannot win any damages if you were in any way to blame for the accident. Even if you were only one percent responsible, you would not be able to sue for damages.

Alabama, Maryland, North Carolina, Virginia, and the District of Columbia still follow this rule.

No Fault States

In no fault states, such as Pennsylvania, Florida, New York, and Massachusetts, your insurance will still cover your damages up to a certain amount regardless of whether or not you were at fault for an accident.

Just because you may be at fault for an accident doesn’t necessarily mean you cannot sue for compensation for your injuries. Since a determination of fault can have a dramatic impact on your ability to get compensation for your injuries, it is a good idea to never admit fault at an accident. Instead, try to remember and write down as many details as possible and contact a personal injury attorney to assist you with your case.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Need to Know: Car Accidents in Other Countries (FindLaw’s Injured)
• What If I Am in a Car Accident With a Self- Driving Car? (FindLaw’s Injured)
• Car Accidents: Can You Sue If You Didn’t Wear a Seat Belt? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/07/can-you-still-sue-if-the-accident-was-your-fault.html

How to Spot Nursing Home Abuse

via Tumblr hobbsr04.tumblr.com/post/123388899417 Tragically, stories of nursing home abuse aren’t as rare as we would like them to be. And in many cases, the abuse occurs for far too long before it is ever discovered. Anyone with a loved one in a nursing home should be aware of the signs of elder abuse, and know how to spot nursing home abuse early. Types of Abuse Many cases of nursing home abuse can go undetected because we’re not familiar with the types of abuse elders can suffer in nursing homes. While we may often think about physical abuse in nursing homes like beating, force-feeding, and excessive use of restraints, elders can suffer from a variety of other forms of abuse, including: Emotional/Psychological Abuse Sexual Abuse Neglect Self-Neglect Financial/Material Exploitation Abandonment Understanding that elder abuse doesn’t always take the form of physical misconduct is the first step in identifying nursing home abuse in all of its forms. How to Spot Signs of Abuse Just as there are many types of nursing home abuse, there are a multitude of signs of elder abuse to keep an eye out for. The signs of physical abuse may be easier to spot: injuries, bruising, weight loss, dehydration, or unclean clothing or living areas. But there are other indicators of abuse: Depression, withdrawal, or unwillingness to talk Anxiety or fearfulness of caregivers Unusual or unexplained behavior Difficulty sleeping or eating Suspicious changes in friend groups or legal and financial arrangements If you’re unsure about whether someone you know is suffering from nursing home abuse, it may help to use the Elder Abuse Suspicion Index (EASI) to help in identifying abuse. EASI is a list of six questions (five for the elder involved and one for the elder’s doctor), that can aid in spotting possible abuse. Reports of Abuse In most cases, the only way to end or prevent nursing home abuse is to report elder abuse immediately. You can report abuse to Adult Protective Services, which has offices nationwide and the resources to receive complaints of all kinds of nursing home abuse. If you suspect someone you love has been abused in a nursing home, you may also want to consult with an experienced injury attorney who can inform you as to the elder abuse laws in your state, and whether you may have an injury claim. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Nursing Home Injuries: Considering a Lawsuit? (FindLaw’s Injured) 3 Common Nursing Home Injuries (FindLaw’s Injured) Elder Abuse Overview (FindLaw) from Injured blogs.findlaw.com/injured/2015/07/how-to-spot-nursing-hom... via Blogger hobbsr04.blogspot.com/2015/07/how-to-spot-nursing-home-ab...

via Flickr http://www.flickr.com/photos/87814799@N02/19473464055

How to Spot Nursing Home Abuse

Tragically, stories of nursing home abuse aren’t as rare as we would like them to be. And in many cases, the abuse occurs for far too long before it is ever discovered.

Anyone with a loved one in a nursing home should be aware of the signs of elder abuse, and know how to spot nursing home abuse early.

Types of Abuse

Many cases of nursing home abuse can go undetected because we’re not familiar with the types of abuse elders can suffer in nursing homes. While we may often think about physical abuse in nursing homes like beating, force-feeding, and excessive use of restraints, elders can suffer from a variety of other forms of abuse, including:

• Emotional/Psychological Abuse
• Sexual Abuse
• Neglect
• Self-Neglect
• Financial/Material Exploitation
• Abandonment

Understanding that elder abuse doesn’t always take the form of physical misconduct is the first step in identifying nursing home abuse in all of its forms.

How to Spot Signs of Abuse

Just as there are many types of nursing home abuse, there are a multitude of signs of elder abuse to keep an eye out for. The signs of physical abuse may be easier to spot: injuries, bruising, weight loss, dehydration, or unclean clothing or living areas. But there are other indicators of abuse:

• Depression, withdrawal, or unwillingness to talk
• Anxiety or fearfulness of caregivers
• Unusual or unexplained behavior
• Difficulty sleeping or eating
• Suspicious changes in friend groups or legal and financial arrangements

If you’re unsure about whether someone you know is suffering from nursing home abuse, it may help to use the Elder Abuse Suspicion Index (EASI) to help in identifying abuse. EASI is a list of six questions (five for the elder involved and one for the elder’s doctor), that can aid in spotting possible abuse.

Reports of Abuse

In most cases, the only way to end or prevent nursing home abuse is to report elder abuse immediately. You can report abuse to Adult Protective Services, which has offices nationwide and the resources to receive complaints of all kinds of nursing home abuse.

If you suspect someone you love has been abused in a nursing home, you may also want to consult with an experienced injury attorney who can inform you as to the elder abuse laws in your state, and whether you may have an injury claim.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Nursing Home Injuries: Considering a Lawsuit? (FindLaw’s Injured)
• 3 Common Nursing Home Injuries (FindLaw’s Injured)
• Elder Abuse Overview (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/07/how-to-spot-nursing-home-abuse.html

If Injured by Fireworks, Can You Sue?

via Tumblr hobbsr04.tumblr.com/post/123073143442 A Fourth of July celebration without fireworks is practically unpatriotic. However, many Americans are so eager to express their love of country, they completely ignore basic safety precautions when handling fireworks. Every year thousands of people injure themselves. Some people suffer severe burns or lose limbs and testicles. One man even blew off his own head. If you’re injured by fireworks this July 4th, can you sue? Negligence and Fireworks Most of the time, fireworks injuries are caused by negligence. Someone didn’t follow instructions when setting up the fireworks. If you’re a bystander hurt by fireworks, you may be able to sue for negligence. To win a negligence claim, you’ll have to show that: The defendant had a duty to act reasonably The duty was breached You were injured The breach of duty caused your injury If you were the one lighting the fireworks and you injured yourself, you wouldn’t be able to sue, unless you intend to sue yourself. Product Liability Claims What if you didn’t do anything wrong and the fireworks still went crazy and injured you? There may be a defect in the way the fireworks was manufactured. If this is the case, you’ll be able to sue the store that sold you the fireworks, the manufacturer, and anyone else in the supply chain on the grounds of product liability. Product liability claims are usually based on negligence, strict liability, or breach of warranty. To hold the manufacturer liable for negligence, you would have to be able to show that the manufacturer was somehow reckless or careless when it designed or made the fireworks, causing a dangerous defect. Sometimes proving negligence is very hard to do when you don’t know where in the supply chain the defect occurred. However, you can win a strict liability claim if you can show that the fireworks had an unreasonably dangerous defect that caused you injury when the product was used in a way it was intended to be used. If you’ve been injured by some fireworks this weekend, contact an experienced personal injury attorney for help. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) 5 Fourth of July Injuries You Can Easily Prevent (FindLaw’s Injured) Avoid Fireworks Injuries With These Safety Tips (FindLaw’s Injured) 4 Fireworks Laws to Know for July Fourth (FindLaw’s Law and Daily Life) from Injured blogs.findlaw.com/injured/2015/07/if-injured-by-fireworks... via Blogger hobbsr04.blogspot.com/2015/07/if-injured-by-fireworks-can...

via Flickr http://www.flickr.com/photos/87814799@N02/19366598395

If Injured by Fireworks, Can You Sue?

A Fourth of July celebration without fireworks is practically unpatriotic. However, many Americans are so eager to express their love of country, they completely ignore basic safety precautions when handling fireworks.

Every year thousands of people injure themselves. Some people suffer severe burns or lose limbs and testicles. One man even blew off his own head.

If you’re injured by fireworks this July 4th, can you sue?

Negligence and Fireworks

Most of the time, fireworks injuries are caused by negligence. Someone didn’t follow instructions when setting up the fireworks.

If you’re a bystander hurt by fireworks, you may be able to sue for negligence. To win a negligence claim, you’ll have to show that:

1. The defendant had a duty to act reasonably
2. The duty was breached
3. You were injured
4. The breach of duty caused your injury

If you were the one lighting the fireworks and you injured yourself, you wouldn’t be able to sue, unless you intend to sue yourself.

Product Liability Claims

What if you didn’t do anything wrong and the fireworks still went crazy and injured you? There may be a defect in the way the fireworks was manufactured. If this is the case, you’ll be able to sue the store that sold you the fireworks, the manufacturer, and anyone else in the supply chain on the grounds of product liability.

Product liability claims are usually based on negligence, strict liability, or breach of warranty. To hold the manufacturer liable for negligence, you would have to be able to show that the manufacturer was somehow reckless or careless when it designed or made the fireworks, causing a dangerous defect.

Sometimes proving negligence is very hard to do when you don’t know where in the supply chain the defect occurred. However, you can win a strict liability claim if you can show that the fireworks had an unreasonably dangerous defect that caused you injury when the product was used in a way it was intended to be used.

If you’ve been injured by some fireworks this weekend, contact an experienced personal injury attorney for help.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• 5 Fourth of July Injuries You Can Easily Prevent (FindLaw’s Injured)
• Avoid Fireworks Injuries With These Safety Tips (FindLaw’s Injured)
• 4 Fireworks Laws to Know for July Fourth (FindLaw’s Law and Daily Life)

from Injured http://blogs.findlaw.com/injured/2015/07/if-injured-by-fireworks-can-you-sue.html

If CPR Causes Broken Ribs, Can You Sue?

via Tumblr hobbsr04.tumblr.com/post/122979445077 You’re on the floor, not breathing. You are dead. Suddenly, a Good Samaritan runs up and performs CPR. Sure, he breaks a couple ribs, but you start breathing again. Paramedics arrive and rush you to the hospital. It’s a fact that broken ribs can result from CPR. If this occurs, can you sue to recover for your injuries? CPR and Broken Ribs Cardiopulmonary resuscitation (CPR) breaks ribs. A study of Korean patients showed that, of 71 patients revived by CPR, 22 had at least one broken rib, and 14 had more than one. That’s a substantial percentage of CPR patients who suffered a broken rib! CPR requires a rescuer to put the heels of his hands on a person’s chest and push down at least 2 inches 30 times per round of chest compression, or about 100 times per minute. According to Dr. Michael Sayre, a spokesperson from the American Heart Association, broken ribs are to be expected when doing CPR. Good Samaritan Laws So, can you sue? Sure! I don’t know why you would, but nothing is stopping you from filing a lawsuit against the guy who saved your life. Whether you’ll win though is questionable. All 50 states have Good Samaritan Laws. While the law may vary slightly from state to state, the general provisions are similar. For example, California’s Good Samaritan Law states: “No person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission.” A few states’ Good Samaritan laws are narrower and only apply to medical professionals and not to volunteers. Many states do exclude grossly negligent or willful or wanton misconduct from Good Samaritan protections. Broken Ribs = Gross Negligence? To win your lawsuit against the person who broke your ribs, you would have to prove that gross negligence occurred. Since you’re alive to sue after requiring CPR, that rescuer must have done something right. Broken ribs are an inevitable part of CPR. It would be extremely hard to show that the broken ribs were caused by gross negligence if you’re alive to complain about it However, this doesn’t mean that you can never sue if you’re injured by medical personnel. If your doctor acted negligently and caused you more injury, consult with an experienced personal injury attorney for help. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Liability for Performing CPR on Customers? (FindLaw’s Free Enterprise) Nurse’s CPR Refusal Reflects Legal Concerns (FindLaw’s Law and Daily Life) Maya Angelou Lacked ‘Do Not Resuscitate’ Order: TMZ (FindLaw’s Celebrity Justice) from Injured blogs.findlaw.com/injured/2015/07/if-cpr-causes-broken-ri... via Blogger hobbsr04.blogspot.com/2015/07/if-cpr-causes-broken-ribs-c...

via Flickr http://www.flickr.com/photos/87814799@N02/19330584682

If CPR Causes Broken Ribs, Can You Sue?

You’re on the floor, not breathing. You are dead.

Suddenly, a Good Samaritan runs up and performs CPR. Sure, he breaks a couple ribs, but you start breathing again. Paramedics arrive and rush you to the hospital.

It’s a fact that broken ribs can result from CPR. If this occurs, can you sue to recover for your injuries?

CPR and Broken Ribs

Cardiopulmonary resuscitation (CPR) breaks ribs. A study of Korean patients showed that, of 71 patients revived by CPR, 22 had at least one broken rib, and 14 had more than one. That’s a substantial percentage of CPR patients who suffered a broken rib!

CPR requires a rescuer to put the heels of his hands on a person’s chest and push down at least 2 inches 30 times per round of chest compression, or about 100 times per minute. According to Dr. Michael Sayre, a spokesperson from the American Heart Association, broken ribs are to be expected when doing CPR.

Good Samaritan Laws

So, can you sue? Sure! I don’t know why you would, but nothing is stopping you from filing a lawsuit against the guy who saved your life. Whether you’ll win though is questionable.

All 50 states have Good Samaritan Laws. While the law may vary slightly from state to state, the general provisions are similar. For example, California’s Good Samaritan Law states:

“No person who in good faith, and not for compensation, renders emergency medical or nonmedical care at the scene of an emergency shall be liable for any civil damages resulting from any act or omission.”

A few states’ Good Samaritan laws are narrower and only apply to medical professionals and not to volunteers. Many states do exclude grossly negligent or willful or wanton misconduct from Good Samaritan protections.

Broken Ribs = Gross Negligence?

To win your lawsuit against the person who broke your ribs, you would have to prove that gross negligence occurred.

Since you’re alive to sue after requiring CPR, that rescuer must have done something right. Broken ribs are an inevitable part of CPR. It would be extremely hard to show that the broken ribs were caused by gross negligence if you’re alive to complain about it

However, this doesn’t mean that you can never sue if you’re injured by medical personnel. If your doctor acted negligently and caused you more injury, consult with an experienced personal injury attorney for help.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Liability for Performing CPR on Customers? (FindLaw’s Free Enterprise)
• Nurse’s CPR Refusal Reflects Legal Concerns (FindLaw’s Law and Daily Life)
• Maya Angelou Lacked ‘Do Not Resuscitate’ Order: TMZ (FindLaw’s Celebrity Justice)

from Injured http://blogs.findlaw.com/injured/2015/07/if-cpr-causes-broken-ribs-can-you-sue.html