Thursday, June 29, 2017

Customer Sues Restaurant for Mechanical Bull Riding Injury

One New York City woman has filed a lawsuit against the Midtown Manhattan restaurant Johnny Utah's after being injured by the establishment's biggest feature: a mechanical bull.

The lawsuit alleges that Jocelyn Burmeister was visibly intoxicated when restaurant employees allowed her to ride the bull. In attempting to do so, Ms. Burmeister fell and tore her ACL. Her lawsuit seeks damages related to the medical care incurred and other damages she suffered.

History of Bull Suits

Some folks might balk at this type of lawsuit, and others might be quick to comment: "I bet she signed a waiver." But this same restaurant has faced similar claims in the past, just like many other establishments with mechanical bulls, or other amusement park-like attractions. In fact, the same attorney handling Ms. Burmeister's case successfully handled one of those prior claims against Johnny Utah's.

The injuries suffered as a result of mechanical bulls and amusement park rides can vary from minor bumps and bruises to seriously debilitating injuries requiring a life-time of medical care and even death. However, not all injuries, even the most severe, will be compensable in a lawsuit. Sometimes, a liability waiver will be valid.

Can I Sign a Waiver While Drunk?

Waivers can be enforceable in many situations, even while a person is drunk, such as when a person signs one before becoming drunk. However, when a person is visibly intoxicated, it raises serious questions as to whether or not they can sign a legally binding agreement. While courts may be more willing to enforce contracts signed while drunk, liability waivers and releases may be a different matter entirely.

Generally, for a contract or agreement to be binding, the parties must have a "meeting of the minds." This basically means that the two parties have to understand what is being bargained for in the agreement. When a person is drunk, this may not be possible, and could render an agreement worthless. However, this doesn't mean your drunk online shopping binge is voidable, but it likely does mean that the midnight roller-derby probably needs to make sure everyone signs their liability waivers while sober.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2017/06/customer-sues-restaurant-for-mechanical-bull-riding-injury.html
Posted by at No comments:
Labels:

Wednesday, June 28, 2017

Common Examples of Medical Negligence

Medical negligence, commonly referred to as medical malpractice, can take many different forms. Depending on who caused the injury, medical negligence claims can be brought against hospitals, hospital staff, or directly against a doctor, nurse, or other healthcare professional.

However, sometimes, after a person suffers an injury in a hospital, or after a medical procedure, they may not know what kind of claim to bring. Generally, if the injury does not involve the medical care, such as a slip and fall on a wet floor in a hospital waiting room, then there will not be a medical negligence case.

To help you determine whether you have suffered an injury as a result of medical negligence, below you will find some common examples.

Medical Procedures Gone Wrong

There are some cases of medical negligence that are just jaw dropping. These tend to involve blatant errors, like amputating the wrong limb, or performing a procedure on the wrong patient. However, not all medical procedure that go wrong will be the basis of a claim. Only when a doctor or hospital fails to exercise reasonable care will a medical negligence case be actionable. Individuals should be cautioned against making this assessment alone as answering this question requires specialized legal and medical knowledge.

Prescribing the Wrong Medication

Another medical error that can be the basis of a malpractice action involves prescribing the wrong medication to a patient. This can be fatal, or have significant consequences, particularly if the patient has an allergic reaction, or an underlying condition worsens due to lack of treatment.

Failing to Diagnose the Correct Problem

If a doctor fails to diagnose a problem that another doctor in similar circumstances would have diagnosed, there may be an actionable claim. These cases can be rather difficult as many diagnoses often share multiple overlapping symptoms. This means that a misdiagnosis may have been an accident any doctor could have made, and unfortunately, that could potentially defeat a potential case.

Post Surgical Infections

Post surgical infections are a very real and very scary problem that all hospitals and doctors try to avoid. Unfortunately for patients, the source of an infection is very difficult to prove, meaning that even when they happen to be admitted patients, negligence is not automatic.

Informed Consent/Medical Battery

If a doctor or hospital staff member lies to a patient to secure their consent to perform a procedure, this can be both medical malpractice as well as medical battery. Informed consent requires doctors to accurately explain procedures, medications, and the associated risks.

If you suspect that you have been the victim of medical negligence, or medical malpractice, seek out a consultation from an experienced medical malpractice attorney as soon as possible. If you do not proceed as soon as you suspect medical negligence, your ability to bring your claim may be affected.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2017/06/common-examples-of-medical-negligence.html
Posted by at No comments:
Labels:

Monday, June 26, 2017

Philando Castile Wrongful Death Civil Suit Wins Fast $3M Settlement

The mother of Philando Castile has settled the wrongful death case stemming from the tragic slaying of her son. The $2.995 million settlement will allow the case to get out of the media spotlight and avoid the deeper probing of a civil murder trial, assuming it gains approval of the court. It will also allow the family to move on more quickly and begin making an impact through the Philando Castile Foundation. The foundation was set up in his honor to aid victims of gun violence and police violence.

Despite the fact that the criminal justice system failed to convict the officer that fired seven rounds into Mr. Castile, quick settlements such as these tend to be viewed as a victory for victims. This is particularly true when the amounts are this large and announced publicly.

Why Settle After Winning?

While Officer Yanez was ultimately found not guilty of manslaughter in criminal court, a civil court would likely have found it much simpler to find guilt. In a civil case, the burden of proof, or the amount of evidence required to prove a case, is much lower than in a criminal case, which uses the "beyond a reasonable doubt" standard.

In a civil case, generally, a plaintiff only needs to prove that their allegations are more likely true than not true. This is called proving a case by a "preponderance of the evidence." Commonly, trial attorneys phrase this as "50.0000001 percent more likely than not true."

Senseless Violence on Video

The video of the shooting of Philando Castile went viral rather quickly. Mr. Castile appeared to have cooperated, and even notified the officer of his permitted weapon. Mr. Castile even announced his actions, as many individuals are taught to do, as a courtesy to traffic officers. However, the officer fired out of fear that Mr. Castile was reaching for his weapon.

It seems odd that a gun would be drawn during a routine traffic stop. It is even less understandable that a taser was not used instead. While a taser still seems unnecessary, at least the likelihood of survival would have been much higher. What's even more surprising was that the officer fired multiple rounds into a vehicle that had a child in the backseat. An additional case is anticipated by Mr. Castile's girlfriend who was present during the killing, but that matter is yet to be filed.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2017/06/philando-castile-wrongful-death-civil-suit-wins-fast-3m-settlement.html
Posted by at No comments:
Labels:

Friday, June 23, 2017

Suing for Defamation: How Much Money Can You Win?

Frequently, when individuals ask what their injury cases are worth, they are surprised to learn that there is no way for an attorney to answer that question without having access to accurate fortune tellers. Since fortune telling is all a hoax (if it weren't, there'd be a lot more lottery winners), this means that really knowing what a case is worth is impossible until it's over.

Simply put, there are too many variables that go into a case's value. However, one rule of thumb that seems to hold true is that the larger the injury, the larger the award. In the context of defamation, this means that to get a big verdict, the victim must have suffered a major reputational harm, or lost significant income or revenues, as a result of the defamatory statement.

Judges and Juries Span the Gamut

When it comes to defamation injuries, a person that may not have suffered significant damages might not recover much at all. Like in petty trespassing cases, nominal damages may be appropriate. A judge or jury can award a victorious defamation plaintiff millions for really bad cases, or $1 in compensatory damages if they find that the injury was nominal. However, usually, nominal damages will not be awarded unless the plaintiff's case is incredibly petty, or punitive damages can also be awarded.

Generally, to prove financial damages in a defamation case, a person must be able to show a link between the defamatory statement and a loss of income, money, or reputation. For instance, if a real estate agent loses a client due to the defamatory statement, the agent may be able to sue the statement maker for the commission they lost. In the end, defamation awards and verdicts tend to award damages based on the amount of financial injury a person can prove, as well as the egregiousness of the defamation.

As Much As You Can Prove

When it comes down to what a case is worth, it will always depend on how much financial and non-financial damages a person can prove. Specific and actual financial losses attributed to the defamation, such as from lost clients, or reduced revenues, are more likely to be recovered as these are easier to document. Items like goodwill or reputation can be difficult to value in terms of dollars and cents. For example, if a company spent a lot of money to gain the goodwill they had before the defamation, the resulting injury could be worth more than if the company had spent nothing to gain the goodwill.

Also, in some circumstances, punitive damages will be available to victims of defamation. In these cases, the amount of damages will depend largely on the wealth of the defendant.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2017/06/suing-for-defamation-how-much-money-can-you-win.html
Posted by at No comments:
Labels:

Thursday, June 22, 2017

What Is Discovery in a Lawsuit?

Individuals that are thinking about filing a lawsuit are often confused by the various parts of a lawsuit. One of the more confusing parts of any lawsuit is discovery, or the exchange of facts and evidence between the parties.

Discovery is the legal term used to describe the different processes that require parties in a lawsuit to exchange information that each side possesses. For example, in an employment law case, a fired employee will want to see their personnel file, and through discovery, an employer would likely be required to provide those documents.

Below, you can read about the discovery process, the various tools, and how disputes get resolved.

The Discovery Process

When a lawsuit gets filed, that is considered the formal start to court litigation. Usually, once a defendant answers the complaint, discovery can begin. Formal requests get sent from one party to the other, requesting answers to questions, specific documents, and other evidence, like video or audio recordings, medical files, bank statements, tax records, electronically stored information, and more.

Courts generally limit the period of time for parties to conduct discovery, but parties may be able to, and it is customary to do so, agree to extend deadlines. For some deadlines, court approval will be required.

Often discovery will be conducted in rounds, so that the parties may attempt to negotiate a settlement between engaging in rounds of costly discovery (and it can be very costly). As new information is learned, parties are better able to assess their relative positions, and may be more willing to bargain.

Discovery Tools

In federal cases, the Federal Rules of Civil Procedure (FRCP) provide the parameters of discovery, while cases in state courts rely on each state's own rules of civil procedure to govern the process. To facilitate the exchange of information, regardless of whether it is a federal or state case, the law generally provides for the following discovery tools, or discovery devices, as they are sometimes referred to as:

  • Initial Disclosures: In federal cases, and most states, parties are required to disclose all witnesses and evidence they intend to rely on to prove their case at, or near, the start of discovery. These disclosures must often be updated prior to the end of the discovery time period.
  • Depositions: These are in-person interrogations by opposing attorneys, outside of the courtroom, but still under oath and in front of a certified court reporter. Parties to a civil lawsuit can be deposed, as can any potential witnesses. Courts will impose limits as to the number of depositions allowed.
  • Interrogatories: These are written questions that each party can send to the other about the case. Generally the questions must be answered truthfully, although specific legal objections can be made to the questions and thereby limit the scope of the answers provided. Courts often limit the number, and/or type, of interrogatories each party can send.
  • Request for Production of Documents: Written requests for the exchange of documents and other tangible forms of evidence can be sent just like interrogatories. The answering party must usually either provide a copy of the documents or files, or provide the other side with access to inspect and copy the documents or files themselves.
  • Requests for Admission: These allow a party to send a list of factual statements to the other party which the answering party must either admit or deny. Like interrogatories, a court will often limit the number of requests for admission a party can send.
  • Requests for Physical Inspection: In some injury cases, as well as cases alleging damages to property, or physical items, an accused party may have the right to inspect the injury or damages. In the personal injury context, an injured party may have to submit to a defendant's medical examination. In the real estate context, a party may have to allow the other party onto the property to inspect the premises.

Discovery Disputes

When a discovery dispute arises, which you can rest assured almost always happens, the court will serve as the arbiter of the dispute if the parties cannot resolve it on their own. Disputes can arise for many reasons, but are most frequently due to either a discovery request that wasn't responded to at all due to an objection, or when a provided response is alleged to be insufficient or incomplete.

To resolve discovery disputes, the parties document their perspective on the dispute, perform legal research as to how prior courts handled similar disputes, then file written motions with the court requesting a ruling in their favor.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2017/06/what-is-discovery-in-a-lawsuit.html
Posted by at No comments:
Labels:

Can You Sue Neighbors for Fireworks Damage?

Fireworks are really dangerous. Not only can the explosions and fire destroy property, but people can be severely injured. In some states, and localities, certain fireworks require permits, and oftentimes those permits require insurance. Regardless, there really is nothing quite like safely firing off some giant fireworks into the night sky. Heck, even medium sized ones are fun. But, with great firepower comes potentially even greater legal liability.

If your property is damaged when a neighbor sets off fireworks, even if illuminating the night sky is legal in your state, you can still sue. If there are laws against using fireworks in residential areas, or your city or state, and a neighbor causes your property damages, they could potentially face criminal penalties as well.

First Try Insurance

If you are in the unfortunate position of having to talk to a neighbor that damaged your property due to an irresponsible firework display, you might want to start by requesting their homeowners insurance information so you may file a claim. Dealing with an insurance company may be frustrating, but it'll be easier than dealing with an individual that might not want to pay anything at all.

If you believe the exchange might be hostile, you can try contacting your local police. Even in states where setting off fireworks is completely legal, the destruction of your property is sure to violate criminal law. The police may be able to assist you in obtaining information to help you file a claim against your neighbor's homeowner's insurance.

Also, while this might not be the best course of action, you may be able to file a claim with your own homeowner's insurance. Often, policies will allow for claims to be made due to vandalism, or the negligent conduct of others.

Can I File a Lawsuit?

More likely than not, you can file a civil action against a neighbor that damages your home or property due to irresponsible fireworks usage. If your property is damaged, a strong negligence argument can be made. Even if you enjoyed the show, unless you helped to put it on, you'll likely have a strong case. If the damages are not too extensive, a small claims action can be filed.

However, before suing a neighbor, one might want to think twice as neighbor disputes can get ugly, last a long time, and cost more in legal fees than a House Hunters budget.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2017/06/can-you-sue-neighbors-for-fireworks-damage.html
Posted by at No comments:
Labels:

Wednesday, June 21, 2017

Breast Cancer Misdiagnosis: When to Sue

Almost one in every eight American women will develop invasive breast cancer at some point in their lives. And sadly, many of those women won't find out they have breast cancer until long after they should. According to one medical website, a whopping 61 percent of all medical malpractice claims involving breast cancer patients are related to alleged delays in diagnosis.

Misdiagnosis -- whether diagnosing an issue that doesn't exist or failing to diagnose one that does -- is a form of medical malpractice, and doctors that fail to diagnose breast cancer can be liable.

Misdiagnosis and Negligence

If you think a doctor failed to diagnose you with breast cancer or gave you an erroneous diagnosis, you may have a valid medical malpractice claim. And most medical malpractice claims are alleging a form of negligence on the part of a doctor or other medical professional. To prove medical malpractice due to negligence, you would need to demonstrate four essential elements:

  1. Duty: That the doctor owed you a duty of care, generally present in any doctor-patient relationship;
  2. Breach: That the doctor breached this duty by misdiagnosing your breast cancer when a reasonably competent doctor would not have;
  3. Causation: That the doctor's misdiagnoses -- and not some other factor -- cause your harm, which is likely in a failure to detect breast cancer in its earliest stages;
  4. Damages: That the harm you suffered due to the misdiagnosis is quantifiable and compensable, to some degree.

Diagnosis and Complications

Any time you are claiming a duty of care for a doctor or a breach of that duty, the doctor will be judged against a reasonably prudent doctor and what she would've done under similar circumstances. So if your doctor did exactly what any other competent doctor would've done in the same scenario, it will be difficult to prove malpractice.

And medical malpractice claims can be especially complicated, requiring detailed medical records and patient data, as well as experts to testify to both your injuries and whether your doctor's misdiagnosis was out of the norm for similar medical professionals. If you're considering filing a medical malpractice claim based on a breast cancer misdiagnosis, talk to an experienced injury attorney first.

Related Resources:



from Injured http://blogs.findlaw.com/injured/2017/06/breast-cancer-misdiagnosis-when-to-sue.html
Posted by at No comments:
Labels:
Subscribe to: Comments (Atom)