Injury Lawsuits Against Black Lives Matter

In the wake of George Zimmerman's acquittal for the shooting death of Trayvon Martin, the Black Lives Matter movement was born. What began as a Twitter hashtag coalesced into a national movement, organizing protests of police killings of Michael Brown and Eric Garner, among others, and campaigns against police violence and systematic racism towards black people.

These political demonstrations have not always been peaceful, however, and some have resulted in injuries to protesters and police. Two of those in particular have spawned injury lawsuits against Black Lives Matter, claiming protest organizers are liable for police officer injuries.

Dallas

The first suit comes from Enrique Zamarripa, father of slain Dallas Police Officer Patrict Zamarripa, who was killed by a sniper during July protest in the city. The elder Zamarripa is seeking $550 million in damages, calling Black Lives Matter "a violent and revolutionary criminal gang." And the lawsuit names an impressive list of defendants, Fox News reports:

Louis Farrakhan, leader of the Nation of Islam; Rev. Al Sharpton and the National Action Network; Black Lives Matter organizers Rashad Turner, Opal Tometi, Patrisse Cullors, Alicia Garza, Deray [sic] McKesson and Johnetta Elzie; Malik Zulu Shabazz, leader of the New Black Panthers Party; and George Soros, a supporter of Black Lives Matter.

Not named in the suit? Next Generation Action Network, the group that organized the July 7 march. The complaint also has some interesting language, claiming Black Lives Matter "has in fact incited and committed further violence, severe bodily injury and death against police officers of all races and ethnicities, Jews, and Caucasians."

This echoes another Dallas lawsuit, this one filed by a current Dallas Police Department officer, alleging the movement incites "their supporters and others to engage in threats of and attacks to cause serious bodily injury or death upon police officers and other law enforcement persons of all races and ethnicities including but not limited to Jews, Christians and Caucasians." And the list of defendants is the same as well, only with Barack Obama, Eric Holder, and Hillary Clinton added for good measure.

Both plaintiffs are represented by the same attorney, Larry Klayman.

Baton Rouge

In Louisiana, a police officer is suing Black Lives Matter and activist DeRay McKesson for injuries sustained during a protest after Alton Sterling was gunned down at point-blank range in the parking lot of a convenience store in South Baton Rouge where he sold CDs. The officer, who filed the claim as "John Doe," says he was hit in the face by a piece of concrete or a "rock-like substance" thrown by a protester, and that the officer "lost teeth and had injuries to his jaw and brain," according to the Louisiana Weekly.

Although John Doe does not allege McKesson actually threw the object, he claims McKesson "was in charge of the protests and he was seen and heard giving orders throughout the day and night of the protests." As far as Black Lives Matter goes, the movement has 30 local chapters nationwide, yet remains a decentralized network with no formal hierarchy so determining who, exactly, would be responsible for paying damages in a lost lawsuit remains to be seen.

Related Resources:

• Black Dallas Police Officer Sues Black Lives Matter on Behalf of 'Christians, Jews and Caucasians,' Others (Washington Post)
• Black Lives Matter Protester Won't Be Charged with Lynching (FindLaw's California Case Law Blog)
• Sotomayor Brings #BlackLivesMatter to the Supreme Court Bench (FindLaw's U.S. Supreme Court Blog)
• Controversial Louisiana Law Makes Targeting Police a Hate Crime (FindLaw Blotter)

from Injured http://blogs.findlaw.com/injured/2016/11/injury-lawsuits-against-black-lives-matter.html

5 Tips for When You're Liable in a Car Accident

Car accidents happen every day. Often, when a person causes an accident, their first instinct is to apologize and admit fault. However, in many situations, it is best to just be civil, handle the situation by the book, and even if you are at fault, call the police if tensions rise.

Most states simply require drivers to exchange contact and insurance information so long as there are no injuries, and/or the damage is not significant. You do not have to talk about what happened with the other party. Below are 5 tips to help in case you’re liable in a car accident.

1. Have Adequate Auto Insurance

Having adequate auto insurance to cover you in case of an accident is crucial. If you don’t know what your coverages are, then take the time to find out ASAP. While states have mandatory minimums when it comes to insurance coverage, the more you have to lose, the higher you should set your coverages. Additionally, even if you do not have much to lose monetarily, you may still want to consider having higher liability coverage in order to protect your own passengers in case you are at fault.

2. Have Excess or Umbrella Coverage

If you own your own home, or have a mortgage, you likely already have home owners insurance. Most policies for mortgage holders tend to have provisions for excess liability or umbrella coverage, which is meant to cover liability that exceeds the policy limits of your auto policy in order to protect your home from judicial foreclosures.

3. Don’t Admit Fault, Especially on Social Media

While it may be clear to you that the accident was your fault, admitting it to police could land you a moving violation. Most states require that officers actually witness the traffic violation leading to the accident to issue a ticket, however, if you admit to a violation, an officer may still be able to cite you.

Additionally, don’t admit fault to the other party, or post about being at fault on social media.

4. Think Carefully About Taking Pictures

While many attorneys will tell you that taking pictures at the scene is always a good idea, exercising discretion and good judgment is just as important. It’s best to not needlessly make the situation look worse than it might be.

If the damage is minimal, taking pictures at the scene could be helpful in preventing someone from claiming the damages were worse. However, if you are at fault, and the crash scene looks bad, you may want to consider not taking photos at all unless you see someone else taking pictures. Another option would be to wait until the ambulance leaves, or until the scene has been cleaned up a bit or cars moved out of the roadway.

5. Beware Accident Fraudsters

Believe it or not, there are fraudsters on the road who are intentionally looking to make someone cause an accident. It is always advisable to pay very close attention to the drivers around you on the road. Knowing about many of these scams might just be enough to help you avoid them.

Related Resources:

• Facing a car accident lawsuit? Get matched with a local attorney. (Consumer Injury)
• 11 Things to Do After a Car Accident (FindLaw’s Injured)
• After a Car Accident: First Steps (FindLaw’s Learn About the Law)
• What Is Car Accident Fraud? What Can You Do? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/11/5-tips-for-when-youre-liable-in-a-car-accident.html

Liability for Accidents Caused by Falling Asleep at the Wheel

You may not think that driving tired is as bad as driving drunk, but the National Highway Traffic Safety Administration estimates over 80,000 accidents a year are caused by drowsy driving, killing 846 people in 2014 alone. So if you think you might need a nap, it's best not to drive or pull over if you can.

And if you've been injured in an accident when someone fell asleep at the wheel, you may be wondering how to hold them accountable. While that may seem easy (after all, they're the one who fell asleep) proving fault in court may be a little more complicated.

Fault for Falling Asleep

It's often not easy to prove that someone was asleep at the time of an accident. And some state statutes require you to also prove that the sleeping driver was awake for 24 continuous hours prior to the accident. Finding evidence of someone's whereabouts for an entire day can be difficult, if not impossible, and might require tracking down some eyewitnesses. And demonstrating they weren't awake at the time of the accident may require the use of circumstantial evidence.

For instance, if the report shows the car veered out of its lane or into a crowded intersection without skid marks, that might suggest the driver didn't brake to avoid the crash. Or, a person's cell phone records, which might contain geographic data that shows the driver was covering long distances recently. Finally, if the driver has a prescription for medication that causes drowsiness, this may have caused them to nod off behind the wheel.

Standard of Sleepiness Proof

The standard of liability in a car accident will depend on whether it is a civil or criminal case. A driver who allegedly fell asleep could be charged with reckless driving or even negligent homicide if someone is killed in the accident. And some state laws require prosecutors to prove "serious blameworthiness," "moral blameworthiness," or "dangerous speeding" in order to obtain a conviction for negligent homicide related to drowsy driving. And they must prove these elements beyond a reasonable doubt, which can be a very high standard to meet.

In a civil case, a plaintiff must prove the defendant was negligent by a "preponderance of the evidence," which generally means that it is more likely than not that the defendant was negligent. Although this is a lower bar to meet, car accident cases can be complicated and may require the help of an experienced personal injury attorney.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Top 7 Car Accident Liability Questions (FindLaw's Injured)
• 1 in 24 Admit to Drowsy Driving: Study (FindLaw's Injured)
• Study: Driver Fatigue as Unsafe as Drunk Drivers (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/11/liability-for-accidents-caused-by-falling-asleep-at-the-wheel.html

Appendicitis Malpractice Claims: When Can You Sue?

While the appendix is often described as a useless, vestigial organ, the bacteria-filled sac has the potential to kill if it becomes inflamed and bursts. While it is common for doctors to diagnose appendicitis, which is the inflammation of the appendix, failing to diagnose it can potentially lead to medical malpractice liability. Additionally, when it becomes inflamed, surgery is required to remove it. Anytime surgery is required, there is potential for medical malpractice not just for surgeons, but also anesthesiologists.

Generally, medical malpractice claims require showing that your doctor failed to use the same standard of care that another doctor in the community would have used. This means that even if your doctor made a mistake by not diagnosing appendicitis, that alone may not be enough to substantiate a malpractice claim if other doctors would have made the same mistake.

Malpractice for Misdiagnosis

While diagnosing medical issues is a doctor’s primary function, doctors make mistakes diagnosing patients every day. In order to find out if your doctor’s failure to diagnose properly rises to the level of malpractice, it will likely require not just the assistance of an attorney, but also a medical expert.

Since medical malpractice requires showing that your doctor provided a level of care below what other doctors would have provided, it generally requires another doctor to verify that not only the diagnosis was wrong, but the methods used and conclusions reached would not have been the same as another doctor’s in the community.

How Long Do You Have to File a Malpractice Claim

Malpractice claims, while they may seem like other injury claims, often have shorter statutes of limitations, in addition to pre-filing requirements such as notifying the doctor or hospital before filing. Because, like most legal claims, medical malpractice claims are controlled by state law, the laws vary slightly from state to state, as do the deadlines.

If you believe that you have a medical malpractice claim, contacting an attorney as soon as you suspect it is advisable. Medical malpractice claims can take a long time to investigate for attorneys, and may require ordering medical records, retaining medical experts, and having additional medical testing done.

Related Resources:

• Think you have a medical malpractice claim? Get matched with a local attorney. (Consumer Injury)
• Medical Malpractice Pain and Suffering: How Much Can You Get? (FindLaw’s Injured)
• Medical Malpractice Overview (FindLaw’s Learn About the Law)
• What Is a Doctor’s Duty of Care? (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/11/appendicitis-malpractice-claims-when-can-you-sue.html

Medical Malpractice Pain and Suffering: How Much Can You Get?

If you're the victim of medical malpractice, you could be entitled to compensatory damages, which are intended to repay you for a particular loss, detriment, or injury. (These differ from punitive damages which are intended to punish bad actors.) A specific set of compensatory damages covers pain and suffering, and in medical malpractice cases, that can be significant.

But healthcare providers have tried to push back on pain and suffering damages and limit the amount that can be awarded in a medical malpractice case. Here's a look at how much you may receive for medical malpractice pain and suffering.

Limited Liability

In response to rising premiums on medical insurance policies, health care providers, other organizations, and even the American Medical Association have advocated for limits on the amount of damages a plaintiff can receive for pain and suffering. They contend that the costs of large jury awards in medical malpractice cases are passed on to doctors through higher insurance premiums, which are then passed on to patients in the form of more expensive medical services. Opponents, however, claim these limits protect defendants from paying an amount equal to the harm inflicted by restricting the ability of juries and courts to analyze the true damage that plaintiffs have suffered.

In the end, most states agreed with the health care providers: 33 states have statutory damages caps for pain and suffering in medical malpractice cases. Damages caps create a hard limit on how much plaintiffs can recover in a particular case.

Caps and Care

Therefore, how much you can get for pain and suffering in a medical malpractice claim may be limited by state law. And these limits can vary from state to state. Alaska and California have $250,000 caps, while Oregon and North Carolina cap noneconomic damages at $500,000.

And these are just limits on the upper reaches of a damages award. You must still prove the severity of the injury and the degree of suffering to qualify for pain and suffering damages. If you have more questions about damages in a medical malpractice claim, you should contact an experienced personal injury attorney in your area.

Related Resources:

• Think you have a medical malpractice claim? Get matched with a local attorney. (Consumer Injury)
• How to Prove Emotional Distress (FindLaw's Injured)
• How Much Pain and Suffering is Enough to Sue? (FindLaw's Injured)
• What Is Your Medical Malpractice Claim Worth? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/11/medical-malpractice-pain-and-suffering-how-much-can-you-get.html

Teen Drivers Can't Be Trusted With Smartphones, Study Finds

There’s no doubt that smart phone are addictive. The average smartphone user will check their device almost 85 times per day. While we already know how distracting they are for drivers, a new report suggests that the allure of using smartphones while driving is just a gateway to other bad behavior for teens.

The report, issued by State Farm this summer, explains that teens who had been in a crash are more than three times more likely to report that they browse the internet and watch videos while driving. And if that wasn’t enough, that same group was two to three times more likely to text, take pictures or videos, use social media, and even play games while driving.

What Dangerous Activities Does Smartphone Use Lead To?

Although driving while using a smartphone is dangerous on its own, the research has shown that teens are using more than just the call feature on their smartphones. The study shows that over a third of teen drivers reported talking and reading texts while driving, and 15% engage in sending texts, watching videos, or using social media while driving. The data shows that the older the teen driver, the more risky behaviors they tend to engage in.

Not surprisingly, the data shows that teens that use their smart phones while driving have much higher rates for accidents. Additionally, the data suggests that teens that use more features of smart phones while driving have a higher occurrence of other risky behaviors including driving under the influence, not wearing a seat-belt, and/or speeding.

Teen Driving Fatalities

While teen drivers face a host of risk factors while on the road, smartphones only increase the danger. The CDC reports that in 2014, over 2,000 teens died in auto accidents, and over 200,000 were treated for injuries from car accidents.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• Is Apple Liable for Distracted Driving Accidents? (FindLaw’s Injured)
• Smartwatches and Distracted Driving Laws (FindLaw’s Injured)
• Teen Driving: Texting, Cell Phone Calls, and Other Distractions, Oh My! (FindLaw’s Technologist)

from Injured http://blogs.findlaw.com/injured/2016/11/teen-drivers-cant-be-trusted-with-smartphones-study-finds.html

Injuries Leave Spirits Sunken at Punkin Chunkin

Air cannons and pumpkins -- they go together like America and apple pie. Or, if you were attending Delaware's world famous Punkin Chunkin competition, like oil and water. An air cannon at this year's festival exploded, sending debris in all directions and sending one woman to the hospital with critical injuries.

It is certainly a sad setback for the pumpkin-launching competition, which just re-launched itself after a two-year hiatus following an injury lawsuit from 2013.

Failure to Launch

As reported by the Delaware News Journal, air cannons at the Bridgeville competition can fire pumpkins more than 3,000 feet in the air. Apparently, the trap door on this particular cannon, called Punkin Reaper, flew off upon firing on Sunday, launching pieces of the device into the head and face of a female attendee, leaving her motionless as paramedics and emergency responders rushed to her aid.

Despite initial reports that the woman had passed away, she was stabilized at the scene and flown by helicopter to a nearby medical center, where she reportedly remains in critical condition. Another man was injured in the cannon accident as well, and Punkin Chunkin officials closed the event grounds and asked people to clear as the two received treatment.

Spirits Squashed

As noted above, this is not the first injury trouble to befall Punkin Chunkin in recent years. In 2013, event volunteer Daniel Fair filed a negligence and premises liability lawsuit against the festival after suffering spinal fractures when he was thrown from an ATV while working the 2011 event. While that lawsuit was settled out of court, it did put the chunkin' competition on ice for the past two years.

Whether another lawsuit follows this catastrophe, and whether the Punkin Reaper's malfunction at this year's festival buries Punkin Chunkin for good, remains to be seen.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• 'Punkin Chunkin' Volunteer Sues Over Injuries (FindLaw's Injured)
• Pumpkin Carving Father Stabs Man, Ends Crime Spree (FindLaw Blotter)
• N.H. Bounce House Blows Away, Severely Injuring 2 Toddlers (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/11/injuries-leave-spirits-sunken-at-punkin-chunkin.html