Most Common Terms in a Personal Injury Lawsuit

via Tumblr hobbsr04.tumblr.com/post/132682781657 Personal injury is a subset of torts law, which is a word derived from French for ‘a wrong.’ Torts are wrongs caused by the negligence of another, and often they are compensable. In a personal injury suit, you must prove all the elements of negligence. If your claim is successful, you will be awarded damages. Of course, knowing some common terms is not enough to handle a lawsuit on your own. But having a grasp of the basics will make an attorney’s explanations much more valuable to you. Negligence and Its Elements Duty: People in certain relationships – doctor-patient, for example – are owed a duty of care. Just how much care is owed is dependent on the relationship and the situation. Someone is negligent when they fail to exercise the degree of care expected in a reasonably prudent person under the same or similar circumstances.Breach: When a person fails to maintain the duty of care demanded under the circumstances , it is a breach. Once you prove breach, you must show that this breach caused your injury. Causation: To win a negligence suit, you must prove that your injury was caused by the breach. The breach must be the actual cause of the injury, and a reasonably foreseeable consequence of the breach. Harm: It may sound silly but you must show you were harmed in some way. That is, you must show that the harm you suffered can be relieved somehow with compensation. Some people call this element of a claim “damages” although damages refers to the kind of award or compensation you can claim for the harm. Damages and More In injury claims, you will usually seek compensatory damages to pay for medical expenses, lost work time, and other harms that can be relieved with compensation. Sometimes people also seek punitive damages, meaning money awarded as a kind of punishment or prohibition on the defendant. Of course, there is much more to a personal injury suit than can be covered here. Speaking to an attorney is the only way to be certain you have a claim and that you can prove negligence and its elements. Related Resources: Browse Injury Lawyers by Location (FindLaw) First Steps in a Personal Injury Claim (FindLaw) Injury Law: Meeting With an Attorney (FindLaw) from Injured blogs.findlaw.com/injured/2015/11/personal-injury-primer-... via Blogger hobbsr04.blogspot.com/2015/11/most-common-terms-in-person...

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Most Common Terms in a Personal Injury Lawsuit

Personal injury is a subset of torts law, which is a word derived from French for 'a wrong.' Torts are wrongs caused by the negligence of another, and often they are compensable.

In a personal injury suit, you must prove all the elements of negligence. If your claim is successful, you will be awarded damages. Of course, knowing some common terms is not enough to handle a lawsuit on your own. But having a grasp of the basics will make an attorney's explanations much more valuable to you.

Negligence and Its Elements

Duty: People in certain relationships -- doctor-patient, for example -- are owed a duty of care. Just how much care is owed is dependent on the relationship and the situation. Someone is negligent when they fail to exercise the degree of care expected in a reasonably prudent person under the same or similar circumstances.

Breach: When a person fails to maintain the duty of care demanded under the circumstances , it is a breach. Once you prove breach, you must show that this breach caused your injury.

Causation: To win a negligence suit, you must prove that your injury was caused by the breach. The breach must be the actual cause of the injury, and a reasonably foreseeable consequence of the breach.

Harm: It may sound silly but you must show you were harmed in some way. That is, you must show that the harm you suffered can be relieved somehow with compensation. Some people call this element of a claim "damages" although damages refers to the kind of award or compensation you can claim for the harm.

Damages and More

In injury claims, you will usually seek compensatory damages to pay for medical expenses, lost work time, and other harms that can be relieved with compensation. Sometimes people also seek punitive damages, meaning money awarded as a kind of punishment or prohibition on the defendant.

Of course, there is much more to a personal injury suit than can be covered here. Speaking to an attorney is the only way to be certain you have a claim and that you can prove negligence and its elements.

Related Resources:

• Browse Injury Lawyers by Location (FindLaw)
• First Steps in a Personal Injury Claim (FindLaw)
• Injury Law: Meeting With an Attorney (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/11/personal-injury-primer-common-terms-for-a-lawsuit.html

New Zofran Lawsuits for Birth Defects

via Tumblr hobbsr04.tumblr.com/post/132669039802 Most expecting mothers experience at least some morning sickness. And some of those turn to anti-nausea medication to get some relief. But that can be a problem when the medication has not been approved by the Food and Drug Administration for use by pregnant women. One study linked some birth defects to the use of Zofran (also marketed as Zuplenz or its generic ondansetron) during pregnancy, and a new round of lawsuits accuses the drug’s maker, GlaxoSmithKline, of marketing the drug to pregnant women without FDA approval. Not Its Intended Use Zofran was designed and gained FDA approval for preventing nausea and vomiting in cancer patients undergoing chemotherapy. Currently, the FDA classifies Zofran as a Category B pregnancy drug, meaning that it has been tested safely on pregnant animals, but not on humans. While doctors are permitted to prescribe drugs for “off-label” uses, drug companies are prohibited from pushing drugs for uses that haven’t been approved by the FDA. Nevertheless, GSK allegedly pushed doctors to prescribe Zofran to pregnant women. According to one lawsuit, in the FDA ordered GlaxoSmithKline to “immediately cease distribution” of ads that “promote Zofran in a manner that is false or misleading because it lacks fair balance” back in 1999. And in 2012, GSK pleaded guilty and agreed to pay $3 billion for promoting Zofran and other drugs “in a manner that is false or misleading.” Not the First Time Apparently, neither orders from the federal government nor the largest health care settlement in U.S. could deter GSK. Deanna Brown claims her 8-year-old daughter was born with congenital band syndrome and teratologic clubfoot because she used Zofran during her first trimester. Her lawsuit also alleges she was never warned about the drug’s possible side effects. Brown’s is just one of many Zofran-related product liability lawsuits that have been consolidated into one piece of litigation in a US District Court in Massachusetts. The lawsuits all claim that GSK impermissibly marketed Zofran to doctors and pregnant women while failing to provide adequate warnings about the drug. If you or your child has been injured from Zofran use while you were pregnant, you may want to consult with an experienced personal injury attorney today. Related Resources: Hurt by a product? Get your claim reviewed for free. (Consumer Injury) Is This Anti-Nausea Pill Safe for Pregnant Women? (The Daily Beast) Injuries and Product Liability: Do You Have a Case? (FindLaw’s Injured) When Is a Warning Defective? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/11/new-zofran-lawsuits-for... via Blogger hobbsr04.blogspot.com/2015/11/new-zofran-lawsuits-for-bir...

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New Zofran Lawsuits for Birth Defects

Most expecting mothers experience at least some morning sickness. And some of those turn to anti-nausea medication to get some relief. But that can be a problem when the medication has not been approved by the Food and Drug Administration for use by pregnant women.

One study linked some birth defects to the use of Zofran (also marketed as Zuplenz or its generic ondansetron) during pregnancy, and a new round of lawsuits accuses the drug’s maker, GlaxoSmithKline, of marketing the drug to pregnant women without FDA approval.

Not Its Intended Use

Zofran was designed and gained FDA approval for preventing nausea and vomiting in cancer patients undergoing chemotherapy. Currently, the FDA classifies Zofran as a Category B pregnancy drug, meaning that it has been tested safely on pregnant animals, but not on humans. While doctors are permitted to prescribe drugs for “off-label” uses, drug companies are prohibited from pushing drugs for uses that haven’t been approved by the FDA.

Nevertheless, GSK allegedly pushed doctors to prescribe Zofran to pregnant women. According to one lawsuit, in the FDA ordered GlaxoSmithKline to “immediately cease distribution” of ads that “promote Zofran in a manner that is false or misleading because it lacks fair balance” back in 1999. And in 2012, GSK pleaded guilty and agreed to pay $3 billion for promoting Zofran and other drugs “in a manner that is false or misleading.”

Not the First Time

Apparently, neither orders from the federal government nor the largest health care settlement in U.S. could deter GSK. Deanna Brown claims her 8-year-old daughter was born with congenital band syndrome and teratologic clubfoot because she used Zofran during her first trimester. Her lawsuit also alleges she was never warned about the drug’s possible side effects.

Brown’s is just one of many Zofran-related product liability lawsuits that have been consolidated into one piece of litigation in a US District Court in Massachusetts. The lawsuits all claim that GSK impermissibly marketed Zofran to doctors and pregnant women while failing to provide adequate warnings about the drug.

If you or your child has been injured from Zofran use while you were pregnant, you may want to consult with an experienced personal injury attorney today.

Related Resources:

• Hurt by a product? Get your claim reviewed for free. (Consumer Injury)
• Is This Anti-Nausea Pill Safe for Pregnant Women? (The Daily Beast)
• Injuries and Product Liability: Do You Have a Case? (FindLaw’s Injured)
• When Is a Warning Defective? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/11/new-zofran-lawsuits-for-birth-defects.html

Wrongful Death and Intestacy: How to Collect Damages If There's No Will

via Tumblr hobbsr04.tumblr.com/post/132601742327 When a person is killed due to the misconduct or negligence of another, a representative of the estate of the deceased may sue for wrongful death. But there are limitations on who can sue, and there is some confusion about who can receive damages if they are awarded. Not everyone who qualifies for inheritance under a state intestacy statute can collect wrongful death damages. Wrongful Death Generally Every state has a civil wrongful death statute, or statutes, establishing the procedures for a wrongful death claim. The statute will also outline who may make the claim. A court will appoint a personal representative of the estate to stand in for the deceased in a suit. The estate representative can bring actions for personal injury, conscious pain and suffering, and expenses incurred before the death, all on behalf of the deceased. The damages awarded in these claims will pass to the decedent’s heirs as determined by the person’s will. When there is no will, we turn to the intestacy statutes for guidance on inheritance. Intestacy Generally When there is no will, there is still a way. States have intestacy statutes that outline who will receive what portion of an estate that has not been divided by a will. The statutes on intestate succession differ from state to state, but generally they provide for parts of the estate to pass on to the spouse and children of the deceased. They then indicate an order of distribution beyond that,for example, where there is no spouse or children, the estate may pass first to parents, then siblings of the deceased, then nieces and nephews. The general purpose of intestacy laws is to ensure that property passes in a manner that closely represents how a person would have passed on property if there had been a will. This is based on the notion of an average person and an average family, concepts which are increasingly difficult to generalize about. Wrongful Death Meets Intestacy Although a personal representative of the estate may well be a proper inheritor under intestacy statutes, it is not necessarily the case. Similarly, intestacy inheritors may not qualify for wrongful death damages, depending on what kinds of damages are awarded and who remains to inherit. To ensure that an intestate inheritor also qualifies for damages awards under wrongful death statutes, research your state statutes and compare the two. Or better yet, talk to an estate attorney who can help you understand the ins and outs of inheritance in your state. Related Resources: Browse Wrongful Death Lawyers by Location (FindLaw Directory) What Happens If You Die Without a Will? (FindLaw’s Law and Daily Life) Inheritance Law and Your Rights (FindLaw) Making a Will FAQs (FindLaw) from Injured blogs.findlaw.com/injured/2015/11/wrongful-death-and-inte... via Blogger hobbsr04.blogspot.com/2015/11/wrongful-death-and-intestac...

via Flickr http://www.flickr.com/photos/87814799@N02/22815542461

Wrongful Death and Intestacy: How to Collect Damages If There's No Will

When a person is killed due to the misconduct or negligence of another, a representative of the estate of the deceased may sue for wrongful death. But there are limitations on who can sue, and there is some confusion about who can receive damages if they are awarded. Not everyone who qualifies for inheritance under a state intestacy statute can collect wrongful death damages.

Wrongful Death Generally

Every state has a civil wrongful death statute, or statutes, establishing the procedures for a wrongful death claim. The statute will also outline who may make the claim. A court will appoint a personal representative of the estate to stand in for the deceased in a suit.

The estate representative can bring actions for personal injury, conscious pain and suffering, and expenses incurred before the death, all on behalf of the deceased. The damages awarded in these claims will pass to the decedent's heirs as determined by the person's will. When there is no will, we turn to the intestacy statutes for guidance on inheritance.

Intestacy Generally

When there is no will, there is still a way. States have intestacy statutes that outline who will receive what portion of an estate that has not been divided by a will.

The statutes on intestate succession differ from state to state, but generally they provide for parts of the estate to pass on to the spouse and children of the deceased. They then indicate an order of distribution beyond that,for example, where there is no spouse or children, the estate may pass first to parents, then siblings of the deceased, then nieces and nephews.

The general purpose of intestacy laws is to ensure that property passes in a manner that closely represents how a person would have passed on property if there had been a will. This is based on the notion of an average person and an average family, concepts which are increasingly difficult to generalize about.

Wrongful Death Meets Intestacy

Although a personal representative of the estate may well be a proper inheritor under intestacy statutes, it is not necessarily the case. Similarly, intestacy inheritors may not qualify for wrongful death damages, depending on what kinds of damages are awarded and who remains to inherit.

To ensure that an intestate inheritor also qualifies for damages awards under wrongful death statutes, research your state statutes and compare the two. Or better yet, talk to an estate attorney who can help you understand the ins and outs of inheritance in your state.

Related Resources:

• Browse Wrongful Death Lawyers by Location (FindLaw Directory)
• What Happens If You Die Without a Will? (FindLaw's Law and Daily Life)
• Inheritance Law and Your Rights (FindLaw)
• Making a Will FAQs (FindLaw)
  

from Injured http://blogs.findlaw.com/injured/2015/11/wrongful-death-and-intestacy-who-can-collect-damages-if-no-will.html

What's the Legal Liability for Shipwrecks?

via Tumblr hobbsr04.tumblr.com/post/132551344802 The cargo ship El Faro disappeared off the Bahamas on October 1st, and on November 2nd, the U.S. Navy confirmed that wreckage found over the weekend was the El Faro. In the time it took to confirm the location of the ship, five separate lawsuits have been filed: four from victims of the shipwreck’s families, and one from the ship’s owner seeking to block those lawsuits and shield itself from legal or financial liability for the wreck. So who is responsible when a commercial ship sinks? And can the ship’s owners preemptively block any responsibility? Standard Employer Negligence The four families suing TOTE Maritime claim the El Faro had a poor maintenance history and that the company recklessly sent the ship sailing toward a hurricane. The ship disappeared off the coast of the Bahamas while Hurricane Joaquin was raging off the islands. The lawsuits allege the El Faro had faulty electrical systems and corroded steel, lacked on board functioning Emergency Position Indicating Radio Beacons, and was “routinely overloaded with cargo, including vehicles, that created hazardous conditions.” Failure to properly maintain the El Faro could be evidence of employer negligence, as TOTE would have a legal duty to provide a safe working environment. TOTE’s complaint is an attempt to forestall any negligence claims, saying that says it “exercised due diligence” in preparing the ship for the voyage and thus should be free of “liability for any and all losses or damages sustained during the voyage … and from any and all claims for damages that have been or may hereafter be made.” Jones and Death on the High Seas Two statutes could hold the company liable, however. The Jones Act covers commercial shippers and protects employees at sea. As opposed to normal injury claims, a plaintiff in a Jones Act claim only needs to show that the employer’s negligence played some role in the injury. Families of the victims may also sue under the Death on the High Seas Act, which provides that when “the death of an individual is caused by wrongful act, neglect, or default occurring on the high seas beyond 3 nautical miles from the shore of the United States, the personal representative of the decedent may bring a civil action in admiralty against the person or vessel responsible.” The battle over the El Faro has already begun, with the owners trying to avoid any trial at all. We’ll see if the victims’ families will have their day in court. If you have an injury claim against an employer, you may want to talk to an experienced injury attorney about your case. Related Resources: Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) Different Types of Commercial Insurance (FindLaw) An Employer’s Liability for Employee’s Acts (FindLaw) 4 Potential Ways to Prove Employer Negligence (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/11/legal-liability-for-shi... via Blogger hobbsr04.blogspot.com/2015/11/whats-legal-liability-for-s...

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