Thursday, May 11, 2017

Suing a Hospital for Pain and Suffering

When suing a hospital or a doctor, you usually seek to recover past and future medical bills, lost wages, and other financial losses. But you can also seek compensation for pain and suffering. Generally, a person can pursue a claim for pain and suffering when they are injured due to negligence and experience either pain or suffering, individually or combined.

Pain and suffering compensation is essentially what it sounds like. If a person experiences physical pain, or suffers mentally from things like stress, anxiety, or depression, and the pain and/or suffering can be attributed to a compensable injury, then money can be awarded for it.

Suing a Hospital

When pursuing a claim against a doctor or hospital specifically, there may be “caps on damages.” This means that if a jury awards $10 million for pain and suffering in a medical malpractice case, a judge may be required by law to reduce that award to $250,000 or $500,000. These limits on non-economic damages vary from state and state, and will not always apply. Frequently catastrophic injuries, such as paralysis, brain injuries, or severe injuries to children, are allowed a higher limit. However, the caps do not generally apply to the portion of a monetary award meant for past and future medical care, lost income, or other financial losses.

Another common issue that arises when filing a lawsuit against a hospital involves the claim filing requirements. In many jurisdictions, before you can file a medical malpractice or hospital negligence lawsuit, a plaintiff may be required to provide notice, or retain a medical expert.

Quantifying Pain and Suffering

When it comes to figuring out how much pain and suffering is worth in an injury claim, there is no magic formula. Often, things like emotional distress, mental anguish, or life disruption, defy monetary quantification, and can become points of contention.

Alternatively, the amount of pain and suffering a person experiences can be valued based on the amount, frequency, and duration, of medical care, treatment, or medication, the person needs to recover and get by. Additionally, permanent injuries, including disfigurements, or severe injuries that upend a person’s life, will often correspond to higher awards for pain and suffering.

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from Injured http://blogs.findlaw.com/injured/2017/05/suing-a-hospital-for-pain-and-suffering.html
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Insurer Doesn't Want to Cover Marijuana Candy Related Murder Product Liability

A current Colorado civil wrongful death case involving extra potent marijuana candy has been attracting national attention since 2014. The incident involved a Colorado man who had eaten a physically small amount of very potent marijuana candy, started hallucinating, then shot and killed his wife. In the criminal case, the defense attempted to claim temporary insanity caused by the pot candy. However, the defendant was sentenced to 30 years for the murder.

In the civil wrongful death case, it is alleged that the marijuana candy played a part in the murder. The children have made legal claims against the pot candy maker, and have reportedly settled claims with the store where it was purchased. However, for the candy maker, things have taken a turn for the worse, as their insurance carrier has filed in federal court seeking to be relieved from providing coverage.

Marijuana Product Liability Claims

With the increase in legal marijuana throughout the country, whether for medicinal or recreational purpose, the number of product liability claims related to marijuana products is expected to be a common issue. In fact, there are many new insurance companies that are specializing in providing insurance that covers the potential liabilities specific to the emerging industry.

Like any foodstuff, marijuana edibles that cause a person to get sick can be the basis of a product liability lawsuit. Additionally, because of the stringent regulations that have been passed regarding the labeling of foodstuffs, and specifically marijuana products, in many states, if a product is not properly labeled, that too could form the basis of a product liability lawsuit, especially if someone is injured due to an undisclosed allergen, or from ingesting too much marijuana due to inaccurate labeling.

Can I Really Sue a Marijuana Business in Court?

In states where marijuana is legal, you can sue a marijuana business for their legal wrongs such as selling marijuana edibles that cause injury. Additionally, as mentioned above, not only are the product manufacturers potentially liable, but the product sellers could also be liable.

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from Injured http://blogs.findlaw.com/injured/2017/05/insurer-doesnt-want-to-cover-marijuana-candy-related-murder-product-liability.html
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Wednesday, May 10, 2017

Lane-Changing Car Accident Liability

As soon as the dust and tail lights have settled, and we make sure everyone is okay, we want to know whose fault a car accident was. Did someone not use their blinker? Did you check your blind spot? Was the other driver speeding?

Multilane roads and highways normally have higher speed limits, meaning we're around more cars and switching lanes at a much faster pace. And many different elements can come into play when trying to decipher who is at fault for a lane-changing accident. Here are a few.

Lane-Changing Liability

Fault for any kind of car accident can either be tied to a driver's negligence or a violation of motor vehicle statutes. A negligence claim following a lane-changing accident would include four primary elements:

  • Duty: Did the other driver owe you a duty of care to drive responsibly?
  • Breach: Did the other driver fail to meet this duty, by changing lanes too abruptly or without looking?
  • Causation: Were you injured as the result of the other driver's lane change, and were your injuries the fault of the car accident, and not something some other cause?
  • Damages: Can you document your injuries, through medical records, medical expenses, or evidence of emotional distress?

When establishing liability, you could also point to the other driver's illegal driving as proof they were at fault. Most state have laws governing lane changes, most that require that drivers only change lanes when it is safe and "give an appropriate signal continuously during not less than the last 100 feet traveled by the vehicle before changing lanes." Even if the other driver was not charged with a crime in the accident, you may still be able to use evidence of a violation in a civil case.

Proving Liability in Lane-Changing Accidents

Even if it is obvious to you who caused the accident, proving car accident liability in court can still be tricky. You may need to obtain photos of the scene, eyewitness accounts, or police reports in order to prove another driver changed lanes negligently or illegally. And, depending on where the accident took place, you may need to prove that you had no part in contributing to the accident, say by speeding or swerving yourself.

So if you're thinking about a lawsuit after a lane-changing accident, talk to an experienced attorney first.

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from Injured http://blogs.findlaw.com/injured/2017/05/lane-changing-car-accident-liability.html
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Tuesday, May 9, 2017

Yet Another J&J Talcum Powder Verdict: $110M for Woman With Ovarian Cancer

Johnson & Johnson has been inundated with lawsuits concerning its baby powder and the link to ovarian cancer. One Alabama firm said it had 867 cases pending against the health products giant, and over 1,400 plaintiffs had collectively filed 20 lawsuits in St. Louis alone.

It was a St. Louis jury that awarded Lois Slemp over $110 million after connecting her use of Johnson & Johnson's Shower-to-Shower and Baby Powder products to her ovarian cancer. The verdict adds to the $197 million the company was hit with in three verdicts last year.

Mistaken Trust

Slemp told the jury she had used J&J products for 40 years for feminine hygiene. She was diagnosed with ovarian cancer in 2012 and the cancer has since spread to her liver. Plaintiffs have alleged that the company knew about the risks associated with the baby powder, but hid them from customers. "I trusted Johnson & Johnson," Slemp claimed in her deposition testimony (she was too ill to attend the trial). "Big mistake."

Other plaintiffs have cited a September 1997 internal memo from a Johnson & Johnson medical consultant addressing the alleged link between talcum powder and ovarian cancer. Reportedly, the consultant wrote that "anyone who denies" the risk of using hygienic talc and ovarian cancer is "denying the obvious in the face of all evidence to the contrary."

Deepest Sympathies

Still, Johnson & Johnson has steadfastly supported the safety of its product, has appealed previous verdicts against the company and seems poised to litigate the issue to the furthest extent possible. In a statement released after the most recent verdict, the company asserted it is "preparing for additional trials this year and ... will continue to defend the safety of Johnson's Baby Powder":

"We deeply sympathize with the women and families impacted by ovarian cancer. We will begin the appeals process following today's verdict and believe a jury decision in our favor in St. Louis in March and the dismissal of two cases in New Jersey in September 2016 by a state court judge who ruled that plaintiffs' scientific experts could not adequately support their theories that talcum powder causes ovarian cancer, further highlight the lack of credible scientific evidence behind plaintiffs' allegations."

With so many cases in various stages of litigation, it may be years until they are all resolved.

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from Injured http://blogs.findlaw.com/injured/2017/05/yet-another-jj-talcum-powder-verdict-110m-for-woman-with-ovarian-cancer.html
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Monday, May 8, 2017

Bounce House Injury: Who's Liable When Wind Blows the Bounce House Away?

While children and adults can both find bounce houses to be tremendous amounts of fun, like trampolines, there’s a serious risk of injury when things go wrong. A recent injury lawsuit filed in New York State by the parents of two children injured in a bounce house is a reminder of how often these injuries occur.

The parents of the two injured kids are bringing claims against the owner of the bounce house, the toy store that sold it, and the manufacturer. Like many other bounce house injuries, the structure was set up properly, including the use of straps that secure the structure to ground with spikes. However, when a strong gust of wind came, the structure was tossed about, and flung over 10 feet into the air, causing the kids to suffer injuries when they fell to the ground.

Is Bounce Housing Safe?

For many, hearing about another bounce house being flung into the air by a strong gust of wind is nothing new. For some, however, it is completely unexpected, and even more surprising to find out it is a regular occurrence. In fact, on average there are 30 bounce house injuries daily, and wind is a very common factor in these injuries.

What might not come as a surprise is that a vast majority of the accidents happen in non-commercial bounce houses, such as the ones sold at toy stores, rather than the big ones at state fairs, amusement parks, or those rented and operated through reputable vendors. This is very likely due to the natural fear of liability that a commercial bounce house operator would have, which would mandate strict rules, and strict enforcement of those rules.

Additionally, the smaller, at-home, toy-store variety bounce houses generally will weigh less than the commercial varieties, and have weaker mechanisms to secure the structure against strong gusts of wind (though the product likely will have warning labels).

Who’s Liable When the Wind Attacks a Bounce House?

When an ordinary bounce house injury occurs, liability may be difficult to assess as people generally are assuming some risk of injury when they enter a bounce house. Frequently, adults and parents may be required to sign liability waivers that protect against ordinary, expected injuries, like a sprained ankle, bumps or bruises, or other relatively minor injuries caused by the normal use of a bounce house. However, waivers are not always going to be enforceable, so speaking with a qualified injury attorney is often a good idea.

But, when a bounce house is flung into the air by the wind, even a careful commercial operator can be found liable as precautions should be taken to prevent such an incident. In cases where an at-home bounce house is operated by a private individual, such as a neighbor, or party host, like the New York State case mentioned above, the host and property owner can potentially be found liable for negligence on a premises liability theory, and the manufacturer and seller (and potentially the private operator as well) can potentially be found liable on a product liability theory.

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from Injured http://blogs.findlaw.com/injured/2017/05/bounce-house-injury-whos-liable-when-wind-blows-the-bounce-house-away.html
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Top 5 Defamation FAQ

If you don't have anything nice to say, don't say anything at all. It's not just good social advice from mom; it can also be good legal advice from an attorney.

While the First Amendment protects free speech, it doesn't protect all speech. And certain negative speech can get you sued. Here are some of the biggest questions regarding defamation law, and where you can turn for answers.

1. Can I Sue for Libel in Small Claims Court?

Maybe the defamatory comments weren't that serious, or you'd rather not go through a full-blown trial. If you're looking at filing a defamation case in small claims court, here's what you need to know.

2. Can I Sue a Website for Libel?

On the one hand, many people are still using pseudonyms on the internet and few take online comments too seriously. On the other hand, the reach of defamatory speech is now worldwide. So are websites liable for libelous comments they make or libelous content on their sites?

3. Is It Worth Suing for Defamation to Protect Your Reputation?

It's a natural, knee-jerk reaction to want to sue the pants off anyone who impugns your good name. But could a lawsuit actually make things worse? Remember, part of winning a defamation lawsuit is proving that the statements were false, which could involve quite a bit of digging into your personal life.

4. Is There Liability for Publishing Fake News?

Who knows if that thing your crazy aunt linked to on Facebook is real? Living in the age of "alternative facts" could mean taking any statements with a grain of salt. Does that mean fake news can't be defamatory?

5. Is the President Immune From Defamation Lawsuits?

Our president says a lot of things; many of them in direct contravention of previous statements he's made. And while all presidents enjoy some immunity from lawsuits in the discharge of their official duties, do those protections extend to defamatory statements made before he was sworn in?

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from Injured http://blogs.findlaw.com/injured/2017/05/top-5-defamation-faq.html
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Friday, May 5, 2017

Top 5 Legal FAQ Property Damage Claims

When your property gets destroyed or damaged by another person, you may be left wondering what you can do, legally. Under the law, if a person damages your property, whether intentionally or negligently, barring extraordinary circumstances, they will generally be liable for the damages caused.

Although it is a rather common problem that people have to deal with, individuals frequently have questions about their legal rights when it comes to property damage claims. Below are five of the most frequently asked questions about property damages claims.

1. How Do I Sue for Minor Property Damage?

Unless there is a lot of property damage, totaling more than a few thousand dollars at least, then you will generally be okay to file your claim in small claims court. Each state has different dollar limits for small claims court. If your case qualifies, you should be able to handle the small claims process without needing the help of a lawyer.

2. Do I Need a Police Report?

Although you may feel violated when another person damages your property, if there was no intent to cause damage, then there likely was no crime. Generally, police will not file a report unless there is a crime alleged, or associated injury, unless we're dealing with a car accident.

3. Can I Get Punitive Damages?

Only in extra-extraordinary cases will punitive damages be available in a property damage case. To get punitive damages, typically, a plaintiff will need to show that the damage caused was more than merely intentional and meant to cause personal harm or injury.

4. Can I Get Consequential Damages?

If your property is damaged to the point where it is unusable, you may be able to recover for reasonable consequential damages. For example, if your car is damaged, and you need to rent a car until yours can be fixed, the cost of a similarly classed rental car, but not the gas you used, would be compensable.

5. Should I Use My Own Insurance to Fix My Car?

In auto accident matters where you are not at fault, if you have collision coverage on your insurance, your own insurance can be used to fix your car. You will have to pay your deductible, however, that's all you will need to do. Your own insurance, after paying for your car's repairs, will then pursue the at-fault party to be reimbursed so you don't have to. To make things even better, when your insurance recovers from the at fault party, you will get your deductible back.

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from Injured http://blogs.findlaw.com/injured/2017/05/top-5-legal-faq-property-damage-claims.html
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