Why Facebooking about your Personal Injury Case is a Big “No-No”
Social media, in general, is not good for your personal injury case. You may think that sharing details about your case – even in a private message – will make you feel better or that your friends will give you good advice, but it can actually damage the credibility of your case. Facebook is the first place that your insurance company or defendant’s lawyer will check in order to find information to use against you. Your social media accounts may be private, but there is always a way to access them, especially when a judge orders you to give the defendant’s lawyer your passwords because they believe there is something they could use against your case. Some of the aspects of social media that can be used in opposition to you include videos or photos that you are tagged in or have posted, statuses, and private messages. Defendant lawyers are looking for anything that could potentially prove that you hurt yourself at a different location or negligent person. Just be cautious when posting during a personal injury case and remember that even if you delete a post, it is there forever. The defendant lawyers and insurance companies are there to make your claim go away so they will do anything it takes, which includes reinterpreting your posts’ meaning in order to hurt your claim. The best-case scenario is to not post at all, but if you must post, try to follow these terms to avoid common social media mistakes: Let everyone know not to post anything about you, which includes tagging and messaging. Do not tell them this through...Deadliest Hot Air Balloon Accident on Record Raises Some Liability Questions
On July 30th, 2016 a hot air balloon crashed in Texas killing all 16 passengers on board. The accident is the deadliest of its kind on record in the Western hemisphere. Though the crash is still under investigation, officials believe the cause of the accident was due to contact with power lines. This unfortunate occurrence has raised some unique legal concerns and questions. Hot air balloon crashes are not very common, and the resulting injuries and/or fatalities are usually low due to capacity limitations. According to data compiled in 2011, in the 11 years preceding the study a total of 78 crashes were documented. There were five fatalities and 91 people injured a result of these crashes. It’s easy to see why the legal guidelines in such a unique situations are not well formed- the circumstances and causes in each of these accidents vary greatly. Of the hot air balloon crashes on record, the cause of the accidents include collisions with power lines and trees. Also noted as causes for accidents include avoidance of stationary or fixed objects- including powerlines. So in cases like these, how does one address liability? Hot air balloons are technically considered aircraft and as such are governed by Federal Aviation Regulations. Even though they are being controlled to a certain degree by man, they are also subject to acts of God- including wind gusts and inclement weather that may cause a loss of control. In this way, they are similar to more standard aircraft- airplanes and helicopters- that are more commonly involved in personal injury lawsuits. However, outside of an airplane or helicopter pilot...Common Medical Malpractice Questions
The laws and procedures surrounding Medical Malpractice can seem daunting if you aren’t familiar with the specifics. We’ve compiled some of the most common questions asked regarding Medical Malpractice to help you better understand what is it and what it involves. Q: What is the statute of limitations on Medical Malpractice cases? A: In general, the statute of limitations for Medical Malpractice cases is two years. However, that can sometimes be open for interpretation. You have two years to file from the time the incident occurred, or from when a family member, loved one, or guardian should have realized the issue. The later part of that statement is what is open-ended. A reasonable argument needs to be made to justify any delays in realization of a potential health issue. Q: What qualifies as Medical Malpractice? A: Medical Malpractice can be broadly defined as any time in which an injury results from a medical professional failing to adhere to the medical community standards of care. Wrongful death, medication errors, birth injuries, misdiagnosis, surgical errors, and negligence are some examples of Medical Malpractice. If you still have questions about whether what you or a loved one are experiencing qualifies as malpractice, please contact us. Q: What is the difference between Malpractice and Negligence? A: There are several types of Negligence; Malpractice is a type of negligence that involves a licensed professional. As such, Medical Malpractice is the negligence of a licensed medical professional- including doctors, nurses, and technicians- that is caused by carelessness. If a medical malpractice injury is found to be due to intentional harm, it can become classified as...Deadly Attack at Amusement Park Sheds New Light on Liability
By now, the tragic news of the death of 2-year-old Lane Graves has made its way across the nation. If the name doesn’t sound familiar, his story will. On the night of June 14th, the toddler was attacked and killed by an alligator at Disney’s Grand Floridian Resort. The public’s reaction to Lane’s death was to show incredible compassion and support for the grieving family- some even shared photos of their family at the exact spot the child was attacked. Others have questioned whether his death could have been prevented with proper precautions. While most theme park injuries are the result of faulty rides, other injuries, like the attack suffered by Lane Graves, can occur on the grounds of amusement parks. One of the major misconceptions that often leads to injuries is that theme parks are inherently safe. People believe they are taking their family to a place that is devoid of any danger- and with good reason; Disney World has been dubbed by many as “the happiest place on earth.” However, children are the victims of about 50% of reported injuries at amusement parks. Most of the injuries that happen at theme parks are a result of the rides. Whether due to ride malfunction, improper operation, poor signage, or mechanical failure, injuries suffered at amusement parks can range from mild to serious. These injuries can include everything from neck strains to broken bones, and aneurysms; some may result in fatalities. However, many injuries occur on theme park grounds. If the injury is a result of either negligence on behalf of the amusement park, or product liability, there is...Have a question? Give us a call.
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