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Wednesday, March 8, 2017

Severely Injured Cyclist Settles Broken Sidewalk 'Launch Ramp' Case for $4.84M

A bicyclist from San Diego will soon be receiving a little bit of justice in the form of a check for nearly $5 million. After being severely injured due to a crash caused by poorly maintained city sidewalks, the cyclist will likely require a lifetime of medical care and incur other costly expenses, which the large settlement will go a long way toward providing.

The injury cyclist was bicycling to a friend’s home when he rode over a cracked sidewalk that the lawsuit described as a “launching ramp.” The ramp sent him flying 28 feet into the air. Upon landing and skidding, the cyclist severely injured his back, spine, and even suffered a stroke.

Bicyclist Beware of San Diego Sidewalks

Although this is among the largest reported settlement agreed to by San Diego for an injured cyclist, it is not the only one. Just a few months ago, a quarter-million dollar settlement was approved for another injured cyclist who crashed due to a pothole. Before that, other five-figure settlements were approved as well.

The cases were likely the result of the fact that San Diego did not uphold their duty to repair dangerous conditions on sidewalks within a reasonable period of time. Generally, cities are required to repair dangerous conditions on public property, and if they fail to do so within a reasonable period of time, can be held liable for any injuries caused by the danger. But be advised that government claims can often be subject to shortened timelines and special rules.

Big Injuries Big Money

Although many people often balk at large settlement awards for injury victims, the truth is that large awards generally correspond with big injuries that have permanent, life altering effects. In addition to future or lifelong medical care, a person’s home may need to be retrofitted to accommodate a disability, or a person may be left unable to work in their chosen profession or any profession at all.

Often, accident victims, such as these San Diego cyclists, don’t realize that a city, or other entity, can be held liable for their injuries. If you’re injured on public or private property, particularly if it is a serious injury, you should consult with an experienced personal injury attorney to see if you have a case.

Related Resources:

Injured in an accident? Get matched with a local attorney. (Consumer Injury)
Can Bicyclists Be Liable for Traffic Accidents? (FindLaw’s Injured)
When Cyclists Get ‘Doored’ by a Car, Who’s Liable? (FindLaw’s Injured)
Top 10 States for Bicyclist Fatalities Revealed (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2017/03/severely-injured-cyclist-settles-broken-sidewalk-launch-ramp-case-for-484m.html

Can You Sue Child Protective Services for Emotional Distress?

If you've ever been visited by Child Protective Services, you know just how stressful and distressing it can feel. Even the best of parents can get frazzled when someone with the legal authority to take aware their kids is present.

Unfortunately, unless your civil rights are violated, you likely won't have any legal claim against Child Protective Services stemming from the agency's, or its representatives', routine actions. So, you likely won't be able to sue for emotional distress. However, when civil rights are violated, individuals can sue CPS, and these claims can be costly for cities.

When Is There a Civil Rights Violation?

When a CPS worker comes to your door to perform their job and investigate a complaint, it does not automatically create a civil rights violation, no matter how distressing the situation may be for you. In fact, if a CPS worker, in good faith, believes that there is a danger of immediate harm to your child, your child can be removed immediately without a court order. And this is still not a civil rights violation, even if they are later proven to have been mistaken, it's their belief at the time that matters most.

Unfortunately, CPS will often coerce investigation suspects into providing information or drug test via the threat of taking their children away, which again, likely does not rise to the level of a civil rights violation.

What If CPS Crosses the Line?

If CPS crosses the line into violating your civil rights, then legal relief may be available to you. This can occur when overzealous or untrained social workers investigate a case without adhering to the constitutional rights of individuals, particularly those dealing with due process and search and seizure. Under 42 USC 1983, every person has the right to be free from constitutional violations caused by government actors.

For instance, if a child is removed without there being any basis for a worker's good faith belief that the child is in immediate danger, then that could be a due process violation under section 1983. However, parents are cautioned to hire an attorney to analyze these types of claims, as a parent's emotions may prevent them from being able to see the forest through the trees (as they say). These claims are incredibly complex, specifically because they deal with a CPS worker's own subjective view of a situation.

Finally, if a parent believes that Child Protective Services acted with discriminatory animus because of the parent or child's race, national origin, gender, or other protected class, there may be other civil rights violations to sue under.

Related Resources:

Find Criminal Defense Lawyers Near You (FindLaw's Lawyer Directory)
What Happens When CPS Is Called? (FindLaw's Law and Daily Life)
Riverside Co. CPS Takes 'Thousands' of Babies, Lawsuit Claims (FindLaw's California Case Law Blog)
CPS Investigations: 3 Reasons to Call a Lawyer Right Away (FindLaw's Law and Daily Life)

from Injured http://blogs.findlaw.com/injured/2017/03/can-you-sue-child-protective-services-for-emotional-distress.html

Tuesday, March 7, 2017

How Much Is a Wrongful Death Lawsuit Worth?

When a loved one dies, the furthest thing from our minds is money. But when the shock and grief wear off, and we realize the death was someone else's fault, we may consider filing a lawsuit. And part of that consideration is looking at whether the cost of filing and litigation is worth it.

While there may be some caps on how much you can be awarded in a wrongful death claim, the amount a lawsuit is worth can vary significantly, depending on the circumstances. Here are a few factors to consider when looking at how much a wrongful death claim could be worth.

Damages Calculations

The first step to understanding how much a lawsuit is worth is understanding what kind of damages can be claimed -- and awarded -- for a particular lawsuit. There are two types of damages available in wrongful death claims, pecuniary damages and punitive damages.

Pecuniary damages cover financial loss, but may not be limited to the obvious costs arising from a death, like medical and funeral expenses. You may also be compensated for a loss of support and services, such as loss of parental guidance or spousal support. Pecuniary damage calculations can depend on the age, health, work, and other life circumstances of the deceased prior to death, including the financial prospects of the deceased and needs of family left behind.

Punitive damages may be warranted if the death is due to another party's egregious harm or a willful or malicious wrong, and are considered as a form of punishment. Not all states allow punitive damages in wrongful death claims.

Damages Caps

Some states have statutory limits on how much a plaintiff can recover in any personal injury case. Known as damages caps, these can also apply to wrongful death claims, and could either limit the total amount you can recover or restrict awards for non-economic injuries only. These laws vary from state to state, and some state courts have struck down that damages cap on wrongful death awards in certain cases.

The best source of information about the value of personal injury cases will be an experienced attorney. If you're considering a wrongful death lawsuit, contact one today.

Related Resources:

Have a wrongful death claim? Get matched with a local attorney. (Consumer Injury)
5 Questions About Wrongful Death Lawsuits (FindLaw's Injured)
How to Prove Fault in a Wrongful Death Case (FindLaw's Injured)
Wrongful Death: Who Can File? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/03/how-much-is-a-wrongful-death-lawsuit-worth.html

Construction Deaths and Injuries Are on the Rise in NYC

For those in the construction industry in New York, worrying about serious on-site work injuries has always been a real part of the job, but recent reports are cause for real concern. Based on the recent report issued by the New York Committee for Occupational Safety and Health, construction fatalities, as well as construction injuries, are on the rise in New York, and have been over the last half decade.

This means that for the construction workers, and families of workers, particularly those in non-union employment, the risk of serious injury is very real. The report explains that 80 percent of the injuries occur at non-union job sites.

Details of the Report

The NYCOSH report explains that safety violations have become regular occurrences on job sites as a result of lenient code enforcement. Unfortunately, despite the desire to increase code enforcement, the number of inspectors has shrunken, while the amount of construction has increased.

In terms of statistics, the NYCOSH report shows that:

In 2014, 87% of job sites where a fatality occurred had code violations
In 2015, 90% of job sites where a fatality occurred had code violations
In 2011, there were 33 construction related injury deaths in the state
In 2015, there were 55 construction related injury deaths in the state
In 2011, there were 128 construction related injuries or deaths in the state
In 2015, there were 435 construction related injuries or deaths in the state

Most significantly, the report explained that a majority of the injuries, fatalities, and even code violations, are occurring at non-union work sites, which is likely to be because workers do not have the union to advocate for safe working conditions.

Legal Claims for Injured Construction Workers

While no legal claim or award can truly adequately compensate a person who has been permanently disabled, disfigured, injured, or killed, legal remedies for workplace injuries should be discussed with an attorney. Generally, when a worker is injured on a job site, they should be entitled to workers’ compensation. The law surrounding workers’ compensation is complex and specific, however, if you or a loved one was injured on a job site, a workers’ comp attorney is a good place to start.

If there has been a death, generally, a personal injury attorney that focuses on wrongful death claims should be sought out. Family members, such as spouses, parents and children, or even the deceased’s own estate, may be able to recover in a wrongful death action.

Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
$17M Wrongful Death Settlement for Crane Accident (FindLaw’s Injured)
Top 9 Workers’ Compensation Questions (FindLaw’s Injured)
Accidents and Injuries (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2017/03/construction-deaths-and-injuries-are-on-the-rise-in-nyc.html

Friday, March 3, 2017

Wednesday, March 1, 2017

Who's Liable for a Tire Blowout Injury Accident?

Tire blowouts on the road are scary. Whether it’s your own tire, or the tire of an adjacent vehicle, tire blowouts frequently lead to damaged vehicles, car accidents, and injuries.

Determining liability in a tire blowout crash is often more complex than in other auto accidents. Apart from regular old driver negligence that may have occurred, there are potential product liability claims.

Product Liability Claims

The driver of a car that has a tire blowout might actually have a claim against the tire, or wheel, manufacturer, or installer, if it can be shown that the tire was improperly installed or defective. These types of cases are considered to be product liability cases, and if the driver can prove the tire or installation was defective, they may be able to recover damages for injuries and loss of value to personal property (such as their vehicle).

Generally, to prove this type of case, experts will need to be retained to analyze and testify to how the blowout occurred.

Driver Negligence

If a third party is hit by a vehicle that has a tire blowout, then that third party is likely to have a negligence claim against the driver that had the blowout, and potentially also a product liability claim against the manufacturer/installer.

Usually, a victim will only pursue the claim against the driver, as these are similar to other auto accident claims. Rather than trying to prove there was a defect in the tire, a victim only needs to show that the driver was negligent. This is usually easy to accomplish due to the fact that drivers rarely inspect their tires, despite having a duty to do so regularly.

However, in some situations, a driver who regularly inspects their tires will have a blowout. This could present a problem for an injured third party if the fastidious driver can believably testify that there were no signs or indications of wear.

For this reason, individuals who have been in an auto accident that somehow resulted from a tire blowout should contact an experienced attorney to help them determine how to bring their claim. Failing to file against the responsible party within the statute of limitations can lead to a claim being unwinnable.

Related Resources:

Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
When Ice Causes a Car Accident, Who’s Liable? (FindLaw’s Injured)
Snapchat Avoids Liability for Injury Caused by Driver Distracted by Speed Filter (FindLaw’s Injured)
Pedestrian Hit by a Car: What to Do After the Accident (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2017/03/whos-liable-for-a-tire-blowout-injury-accident.html

Suing a Private Prison for Injury or Abuse

New U.S. Attorney General Jeff Sessions recently reversed prior DOJ guidance directing the federal government to reduce its reliance on private prisons to house federal inmates. While this was good news for shareholders of private prison company stocks, it looks like bad news for American taxpayers and inmates: as the DOJ conceded when it announced the phase out last year, private prisons "do not save substantially on costs; and as noted in a recent report by the Department's Office of Inspector General, they do not maintain the same level of safety and security."

So what happens if you're injured or mistreated in a private prison? Do you have any legal recourse?

The State of Prison Injury Lawsuits

Unfortunately, most of the options available to current or former inmates to sue for injuries sustained in jail are limited to state or federally operated facilities. Lawsuits under Section 1983 of the Civil Rights Act (often used to recover for injuries from police brutality) can only be filed against state and local government employees -- not federal agents or by private parties.

And while so-called Bivens actions allow a prisoner to sue federal government entities and their employees for violations of either constitutional rights or federal law that cause injuries, such suits are not applicable to private prisons and their employees. So the legal rights of inmates injured in private prisons are limited when it comes to suing for their injuries.

State Lawsuits for Prison Injuries

One option is to sue for compensation for prison or jail injuries under state tort law. Theories of negligence and battery can work equally as well against private prison companies as they do against other private businesses.

A negligence claim may be available in cases where prison staff failed to maintain safe conditions in the prison or failed to protect inmates from other inmates. In order to demonstrate negligence on the part of a private prison, you would need to prove four main elements:

Duty: That the private prison owed you a duty of care;
Breach: That the private prison failed to meet this duty of care;
Causation: That this breach (and not some other action) caused your injuries; and
Damages: That your injuries occurred and can be compensated for.

You can also sue private prison staff in civil court for assault and/or battery. Intentional tort lawsuits may be more appropriate for threats and harmful bodily contact.

The ACLU has uncovered numerous instances of inmate abuse and neglect at private prisons. If you've been injured in prison, contact an attorney today.

Related Resources:

Have an injury claim? Get your claim reviewed by an attorney for free. (Consumer Injury)
Sessions: U.S. To Continue Use of Private Prisons, Reversing Obama Directive (Chicago Tribune)
Inmate Wrongful Deaths: Suing for Neglect or Abuse in Jail or Prison (FindLaw's Injured)
How Dangerous Is Jail? (FindLaw Blotter)

from Injured http://blogs.findlaw.com/injured/2017/03/suing-a-private-prison-for-injury-or-abuse.html