Should I Hire a Lawyer for a Minor Car Accident?

It's just a little fender bender, right? Doesn't look like anyone was really hurt, so we can just exchange some insurance information and be on our way, right?

Well, maybe not. Depending on the accident, the damage to the vehicles, and any potential injuries, a minor car accident can turn into a major legal battle. So how do you know if you need to hire an attorney after a car accident?

Lawyering Up

In most minor car accidents, simply filing an insurance claim with your insurance company -- or the other drivers' -- is the easiest and quickest way to repair vehicle damage or cover any medical expenses. You could also take a claim to small claims court, if the other driver was not insured, or if their insurance company declines to cover damage or injuries. Most of which can be done without the assistance of an attorney.

But there are some situations when you might want a lawyer's help:

• If there's a dispute about who's at fault;
• If there's a dispute over how much you have to pay or how much you'll receive;
• If a serious or lingering injury resulted, especially injuries that require ongoing medical care;
• If you're being taken to court, by the other driver or their insurance company; or
• If you just don't want to have to handle your own claim.

Disputes over liability or compensation may need to be resolved in front of a judge or jury. And if you're going to court, a lawyer can definitely help. And if you're being sued after a car accident, defending yourself in court may sound a lot easier that it actually is.

Attorney Assets

An experienced lawyer will know the local court system and how car accident cases are handled. She'll know what evidence is needed in court, how to gather it, and how to best negotiate a fair settlement with the other side. Car accident claims, even minor ones, can take years to resolve and may require a significant amount of time and effort. Having an experienced lawyer on your side can take the pressure off, prevent you from agreeing to an unfair settlement, and make sure you don't miss an important deadline in your case.

If you want to talk to an experienced car accident attorney about your case, they are only a click or call away.

Related Resources:

• Find Car Accident Lawyers Near You (FindLaw's Lawyer Directory)
• 5 Things a Car Accident Lawyer Can Do (That You Probably Can't) (FindLaw's Injured)
• How Much Does a Car Accident Lawyer Cost? (FindLaw's Injured)
• 5 Questions to Ask Your Car Accident Lawyer (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/08/should-i-hire-a-lawyer-for-a-minor-car-accident.html

Homeless Vet Sues to Recover $400K GoFundMe in His Name

You may have heard the story last year about a homeless vet giving his last $20 to a woman who had run out of gas near Philadelphia. And you might remember that woman and her boyfriend started a GoFundMe for the man, raising funds for food, shelter, and clothing, a campaign that apparently raised nearly $400,000.

What you might not have heard is that vet, Johnny Bobbitt, is back on the street, still addicted to drugs and panhandling for money. Bobbitt is claiming that the couple, Katie McClure and Mark D'Amico, have mismanaged the funds meant for him, and withheld almost half the money raised. He's now suing McClure and D'Amico, seeking a full accounting of the GoFundMe account, and blocking the couple from using any remaining funds.

Never Going to Give Him the Money?

Last week, Bobbitt told the Philadelphia Inquirer he was worried the couple squandered much of the money, and there may be little left of the funds meant for him. "The first thing on the list," read the GoFundMe posting, "is a NEW Home which Johnny will own!!" The couple instead allowed Bobbitt to live in a camper on rural land owned by McClure's family. The promise of his "dream" pickup -- a 1999 Ford Ranger -- instead became a used SUV that often broke down.

Bobbitt, who admittedly has been in and out of rehab twice since last year, also found it curious that the couple (a receptionist for the New Jersey Department of Transportation and a carpenter) could suddenly afford a new BMW and vacations to California, Florida, and Las Vegas, including a helicopter tour of the Grand Canyon.

The couple denied any wrongdoing, contending they never gave Bobbitt direct access to the funds because he couldn't be trusted. He once burned through $25,000 in less than two weeks, they claimed, and stole from them to feed his drug habit. D'Amico also claims he gave McClure the BMW as a gift, and vacations were paid for by shows that invited them on to talk about the GoFundMe campaign. It's safe to say the once rosy relationship has soured. D'Amico told Philly.com that giving Bobbitt money while he was addicted to drugs would be like "giving him a loaded gun."

"Giving him all that money, it's never going to happen," D'Amico said. "I'll burn it in front of him."

Legal Relief

Lawyers for Bobbitt filed a suit this week, alleging D'Amico and McClure deposited the money into personal accounts, seeking an injunction against their access to the funds, and requesting a "guardian ad litem" be appointed for Bobbitt. The lawsuit also claims the couple committed fraud and conspiracy by taking for their personal use a "substantial portions of the money raised," and seeks monetary relief for funds that should've gone toward getting Bobbitt off the streets.

McClure and D'Amico "conspired to utilize [Bobbitt's] money to enjoy a lifestyle that they could not afford. Defendants admitted to commingling the funds raised for [Bobbitt] in their own personal accounts and have denied [him] access to the account," according to the lawsuit. GoFundMe has also gotten involved, to make sure money donated has not been mismanaged.

Related Resources:

• Homeless Again, Johnny Bobbitt Can't Get His GoFundMe Money (Philadelphia Inquirer)
• Legal Tips for Planning Your Crowdfunding Campaign (FindLaw's Free Enterprise)
• Getting Paid: Collecting on a Judgment or Jury Award (FindLaw's Injured)
• What Is a Court-Ordered Constructive Trust? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2018/08/homeless-vet-sues-to-recover-400k-gofundme-in-his-name.html

Domestic Violence Victim Sues State for Failing to Protect Her

A mother and her children are suing the state of Victoria in Australia after two of its towns failed to protect them from domestic violence. The state had asked the judge for a summary ruling dismissing the case, but the judge felt he couldn't do that in good conscience. Though she had a protective order in place from her abusive ex-husband, the police failed to take action after she and her children were assaulted, and the police failed to protect the family on at least six occasions when she contacted them for protective help. 

This is the first time a case of this kind has been able to be brought before a judge in Australia, and opens the municipality up to liability over the police's breach of duty. Traditionally, police have not owed victims a duty of care. This case may change that.

Dropping Off a Drunken Abuser Within 40 Meters of a Protected Zone is Careful?

In this case, the plaintiffs claim that they were assaulted by the man 19 different times. The woman was afraid to press charges given the frequency and severity of the beatings. The only protection she had was the protective order that he stay 100 meters away from them. She would call the police if he came nearer, and sometimes they would bring him to the police department. But later, they would drop him off just 140 meters away from her home, 40 meters outside of the protected zone. Once, after the police dropped off the intoxicated man at the 140 meter mark, he came to the family home and assaulted them again.

Unique Case of Police Liability

Here in the U.S., police can be held liable for injuries brought about by their failed duty of care. In a 2013 landmark case, the Washington State Supreme Court found that the police were liable for failing to use reasonable care in executing a restraining order between a woman and her ex-boyfriend. They were instructed to bring an interpreter, and told it could get violent. Instead, they used standard operating procedure. The man came back later, after the police left, and killed the woman. In ruling for the family of the deceased woman, the court stated that the city had a duty to serve the protective order on the abuser, but because it had a duty to act, it had a duty to act with reasonable care, and had a duty to guard against future danger. The city failed on all accounts. The judge ordered the city to pay the family $1.1 million in damages.

The Washington case state is unique. Other similar outcomes may not exist primarily because such suits may seem futile. In every jurisdiction, police officers have some level of immunity that prevents a criminal charge or civil lawsuit from going forward. So even if the plaintiff does have a case, it will be dismissed. Only if the officer has acted in "bad faith" can that immunity be pierced, such as maliciously not enforcing a protective order for his own benefit.

If you have been the victim of domestic violence, speak with a domestic violence attorney to get a protective order. Though it may not seem like enough, hopefully one day in the near future, in will set a standard for a duty of care that will keep you safe, and serve as a basis for police liability.

Related Resources:

• Find a Domestic Violence Attorney Near You (FindLaw Lawyer's Directory)
• Top 5 Legal Questions for Victims of Domestic Violence (FindLaw Law and Daily Life Blog)
• What You Need to Know About Suing the Police (FindLaw Injured Blog)

from Injured http://blogs.findlaw.com/injured/2018/08/domestic-violence-victim-sues-state-for-failing-to-protect-her-1.html

Family Sues After Emergency C-Section With No Anesthesia

Delfina Moto and her boyfriend, Paul Iheanachor, filed a medical malpractice, assault and battery lawsuit against the San Diego's Tri-City Medical Center for $5 million, claiming they failed to administer anesthesia prior to performing an emergency c-section to deliver their baby girl. Though it has been eight months since the birth, Moto is still in pain from the procedure; the pain medications she has been prescribed only make her drowsy. The situation has put a strain on the couple, given Moto's post-traumatic stress disorder, and has even impacted the mother-baby bond, the parents claim.

Horrific Screams From Lack of Anesthesia

The patient and husband claim she did not receive any anesthesia. Normally in emergency c-section surgeries, regional anesthetic is given to minimize pain and risk of death to the mother. In this case, Moto claims she told the delivering doctor that she had feeling in her abdomen, and asked that they not cut into her yet. The anesthesiologist was not in the room, and Moto wanted to wait for him. The physicians felt they couldn't wait, and began the procedure. Moto "horrifically screamed" from the pain, and upon feeling them reach into her body to deliver the baby, passed out.

The hospital claims, however, that she did receive anesthesia. In a recently released statement, the hospital states, "While we normally don't comment on pending litigation, the patient's public discussion of the care she received during her emergency C-section compels us to address this outrageous allegation. The patient was administered anesthesia prior to the surgery. We are pleased that the baby is 'healthy' and 'happy.'"

Obstetrics Anesthesiology Settlements on the Decline

Medical malpractice claims can be difficult to prove, but if successful, can be highly lucrative for the plaintiff, with obstetrics anesthesiology claims reaching in the millions of dollars. However, since 1990, there has been a decrease in the median payment made in lawsuits involving obstetrics anesthesiology. Most claims arise from birth defects and maternal deaths during delivery, with limited data available for situations such as Moto's. Prior to 1990, the average settlement was $455,000. Since 1990, adjusting for inflation, the average settlement is $222,000.

If you or someone you love has been the victim of medical malpractice, contact a local medical malpractice attorney. These cases are very dependent upon the specifics of each case, and only a legal expert can decide if your case is actionable.

Related Resources:

• Find a Medical Malpractice Lawyer Near You (FindLaw's Lawyer Directory)
• Suing for Cesarean Section Medical Malpractice (FindLaw Injured Blog)
• When Can I Sue My Obstetrician or Gynecologist? (FindLaw Injured Blog)

from Injured https://blogs.findlaw.com/injured/2018/08/family-sues-after-emergency-c-section-with-no-anesthesia.html

Illinois City Liable for Trip and Fall Accident Injury

In Danville, Illinois, a woman tripped and fell while walking on an uneven sidewalk. The lower court dismissed the case, claiming the city was immune from such cases. However, the Illinois Supreme Court overturned the lower court ruling, and decided that the common law duty for a city to keep its sidewalks in safe working order outweighed the sovereign immunity normally granted to municipalities in negligence cases.

The city pleaded with the court that such a ruling would not only open the floodgate to further lawsuits throughout the state, but also increase the city's liability insurance. The court still believed the woman that tripped and fell on the sidewalks was due some level of compensation from the city. The case was referred back to the lower court to be decided.

Trip and Fall Sidewalk Cases -- Proving Negligence

People tripping and falling due to cracks in the sidewalk are not uncommon. However, whether or not an injured party can prevail in a lawsuit over a city, or anyone for that matter, is not clear cut. A plaintiff would have to prove a case of negligence, specifically, that the sidewalk was not kept in a good state of repair, and that the city should have known about it. How is this proven? Through a variety of factors, including the location of the sidewalk, the size of the crack, how long the crack had been there, and if the city had total control and responsibility over the sidewalk.

Piercing Sovereign Immunity

Most cities enjoy some level of sovereign immunity, which means that even if the city is found liable, it won't have to pay out any money. However, plaintiffs can try to "pierce" this immunity, as in the case in Illinois, and seek judgment. This varies by city, but it is becoming increasingly available in instances like sidewalk cases, where the sidewalk is totally in control of the city and they should have known there was a problem. However, a city will rarely admit this and hand over any money. A plaintiff will have to fight for it.

Sidewalk cases can be very tricky. Generally, plaintiffs must inform the city of an injury within 30 days, and the city will undoubtedly try to fix the sidewalk as soon as possible so that others won't be similarly injured. (Also, when you inform the city, they have notice of the faulty sidewalk, so now they are really liable for future injuries!) If you are injured by tripping on a sidewalk, contact a local personal injury attorney immediately. They will inform you of important deadlines in your area, best steps to take immediately, and how to move forward to best seek compensation.

Related Resources:

• Find a Personal Injury Attorney Near You (FindLaw's Lawyer Directory)
• Can You Really Sue City Hall? (FindLaw Injured Blog)
• Injured in a Park? Here's How to Sue (FindLaw Injured Blog)

from Injured https://blogs.findlaw.com/injured/2018/08/illinois-city-liable-for-trip-and-fall-accident-injury.html

Can Plastic Surgeons Post Your Nude Pics to Their Website Without Your Permission?

If you've gotten some cosmetic surgery, you'd probably want to show off the new you. And it's understandable that plastic surgeons and clinics would want to show off their good work as well. But some of that work can be pretty personal, and while you can choose whether and how to show off your new body, does that mean surgeons and clinics can post whatever photos they want online, without your permission?

A Georgia woman is suing an Atlanta-area plastic surgery clinic, claiming they posted nude photos of her, including identifying tattoos, on their website, and those photos are still online, including Yelp and Facebook.

The Ultimate Invasion of Privacy

The suit was filed on behalf of Jane Doe, a grandmother who was horrified to find "nude pictures of her entire body" had been "prominently exposed and displayed" on Celebrity Body Sculpting and Cosmetic Surgery Center's website. "I was just sick," the woman told Fox 5 Atlanta. "I am still sick when I think about it because I carry myself in a dignified way. I never signed anything authorizing them to use any pictures of me. No photos were ever mentioned."

According to the lawsuit, the photos showed identifiable and recognizable tattoos on her body, and, while she signed a "Notice of Privacy Practices Acknowledgment pursuant to the Health Insurance Portability & Accountability Act of 1996 (HIPPA)" prior to her initial exam, she never provided a release for photos to be published.

"Given what she does for a living and the public arena in which she needs to operate, this is the ultimate invasion of privacy," the woman's attorney, Ricardo Mosby, explained. And while the clinic removed the photos from its own site, they remain available online. Doe's lawsuit is claiming invasion of privacy, violation of state and federal health care laws, and intentional infliction of emotional distress, and is seeking injunctive relief and punitive damages.

Procedures and Privacy

This is not the first time plastic surgeons have gotten into trouble for posting client photos without permission. Last year, a Chicago woman sued a plastic surgeon who posted before-and-after photos of her breast augmentation procedure after the woman specifically crossed out that section of her release form. And another Chicago surgeon got into hot water after posting before-and-after pictures of the woman's nasal reconstruction surgery on his website and labeling them "cocaine nose."

Public disclosure of private facts can be the basis of an invasion of privacy claim. And the Health Insurance Portability & Accountability Act generally prohibits doctors and medical professionals from releasing any individually identifiable information that relates to the physical or mental condition or the provision of health care to an individual, without that person's express permission.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Key Questions To Ask Your Plastic Surgeon Up Front (FindLaw's Injured)
• Can You Sue for Plastic Surgery Results You Don't Like? (FindLaw's Injured)
• 7 Common Ways That Plastic Surgery Can Go Wrong (FindLaw's Injured)

from Injured https://blogs.findlaw.com/injured/2018/08/can-plastic-surgeons-post-your-nude-pics-to-their-website-without-your-permission.html

Anti-Autism Bias Case Against Disney Revived

An 11th Circuit Court has overruled the summary judgment motion granted to Disney in 30 federal lawsuits alleging Disney has violated its duty to autistic children at its amusement parks. This ruling will give plaintiffs an opportunity to have their claims heard in court.

What Is Autism Spectrum Disorder?

Autism spectrum disorder (ASD) impacts a child's ability to express emotions and thoughts correctly, and often makes it very difficult to consistently use appropriate behavior. ASD impacts approximately one in every 68 children born in the U.S. The American with Disability Act (ADA) prohibits discrimination against disabled individuals in certain instances. ASD is considered a disability under the ADA.

Disney Claims It Gives Enough Assistance

At issue is whether autistic children and their families should be granted near-immediate access to rides and repeat rides under Disney's Disability Access Service (DAS) program. Disney claims that this request has to do more with the families who do not want to bear the burden of dealing with the autistic children's inability to wait. Disney claims that surely these children had to wait in some sort of uncomfortable situation (car, plane) in order to get to the theme park. Though the federal court saw Disney's point, the 11th Circuit didn't, and claimed this was a factual dispute, and undoubtedly different among every autistic plaintiff. Therefore Summary Judgment shouldn't be awarded.

Disney also claims it does offer quick access to rides through its DAS Card, similar to a FastPass to all autistic guests free of charge, but there is sometimes a 15 minute wait. Disney eliminated the front-of-the-line disabled protocol after there was widespread abuse, mostly by wealthy people who were not clinically disabled. Therefore, Disney asserts, the DAS Card strikes the best middle ground between quick access and truly disabled guests. Though that may be true, the 11th Circuit again felt that there were too many material issues of fact at play, and that they should each be heard at trial.

Disney is no stranger to disability suits. In 2014, Disney was sued by parents of children with developmental disabilities, claiming Disney failed to accommodate their needs and actively dissuaded their presence at Disney theme parks. This suit came on the heels of the elimination of the front-of-the-line protocol. The courts eventually found in favor of Disney.

If you or your loved ones believe their civil rights, as protected by the ADA, have been violated, contact a local discrimination attorney, who can listen to your situation and advise you on best legal courses of action.

Related Resources:

• Find a Discrimination Attorney Near You (FindLaw's Lawyer Directory)
• 5 Legal Tips for Parents of Autistic Children (FindLaw Law and Daily Life)
• Speaking Up for Special Needs: Autism Discrimination in Public Schools (FindLaw Law and Daily Life)

from Injured https://blogs.findlaw.com/injured/2018/08/anti-autism-bias-case-against-disney-revived.html