Wording is Everything in this Personal Injury Case
Every personal injury case is unique and the latest one from Massachusetts is no different. Gun ownership can be a tricky case because there are always two sides to a story. In a Smith & Wesson case, a couple was trying to sue because of a possible defect with their product. While visiting a gun store in Murfreesboro, TN, Randy and Vicki McNeal were attempting to put their gun in its safety lock when it dropped and discharged during the fall. Mr. McNeal claims that he was having trouble locking the gun because a loose screw from the sight was in the way, causing him to drop the gun accidentally. After attempting to catch the gun, it fired and shot Mr. McNeal’s pinky finger. After the accident, Mr. McNeal needed to have his pinky finger amputated because there was no way to save it, resulting in costly medical bills. Randy and Vicki decided to sue the gun maker Smith & Wesson for $75,000 for personal injury and for their faulty product. What made this a difficult case was the wording in the couple’s claim. Simply put, an injury does not prove that a product is faulty. In addition, if a product has a defect, a company is not necessarily liable because companies do not have to make “accident proof” products. This is why many companies place multiple warning labels or booklets within the product packaging, even if the warning seems silly, it can save the company from cases like this. U.S. Judge Todd Campbell dismissed this case within federal court because the screw is not what caused Mr. McNeal...Camel Pays Big Bucks in Personal Injury Case
The Virginia Safari Park in Natural Bridge, VA is a drive-thru zoo, which can give visitors a more personal experience with the animals and see them in their natural habitat. Earlier in the month, they also reached a settlement with a 10-year-old girl’s family after a camel bit her during their trip to the park. In May of 2015, the Holland family visited the park for a birthday party, but left with more than just a goodie bag. During their drive through the park, their young daughter had the window down in order to feed the animals and suffered serious injuries to her forearm after being bitten by the camel. After filing a personal injury case with the Virginia Safari Park, the Holland family will receive $155,000 as settlement for this case. Since the Holland’s daughter is not an adult, she will not receive any compensation until she is 18. Around $40,000 will go towards the medical expenses for her arm and trauma care. Once she turns 18, she will receive $10,000 and then after she turns 21 she will receive $1,000 each month for 12 years. In parks like these, customers are encouraged to drive with the windows down or ride on wagons in order to feed animals like zebra, llamas, and camels. This was one of the biggest reasons they were able to reach a settlement like this, the child and family did nothing wrong. The zoo is not reconsidering the drive-thru aspect of their park because this is one of the first incidents with these animals. Filing a personal injury case can be tiring, but worth...Common Mistakes When Making a Personal Injury Claim
Lawyers have many tactics to find incriminating information about you that will have your claim dismissed. However, the following are three of the most common mistakes you can make after your accident and why you should avoid them. Saying too much: Anything you say from your actual accident to your final claim can be used against you and twisted in a way you never meant. Only share basic facts with your insurance company and never say that it was your fault because all of this relays to a lower amount paid to you. We all love sharing our lives on social media, but anything shared is public and is easily accessible. It’s better to not use social media at all until your claim is resolved because the insurance lawyers will use anything to argue that you are fine and don’t need compensation. Waiting too long: It is better to get your case started immediately because many clients simply wait too long to file a personal injury claim. Many in these situations want to forget the whole thing ever happened or put off seeking medical help. You should avoid waiting too long because there is a deadline for when you can file a claim and the insurance company will wonder if you’re really hurt since you waited so long. Accepting too little: There’s nothing worse than going through the claims process only to accept too little. Many will accept the initial offer that the insurance offers, but don’t realize that the initial offer almost never covers all of the upcoming expenses. Sometimes, injuries aren’t obvious and take time to expose themselves, like continuous...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...Calypso Water Park in Hot Water after Their Latest Slip and Fall Lawsuit
Calypso Water Park is Canada’s largest water theme park, with 100-acres, there is fun for everyone. However, Rony Jermani, a hairstylist from Ottawa, has filed against Calypso Water Park claiming that he broke his ankle as he was exiting the children’s pool. Jermani is now attempting to sue the company for $3.2 million dollars for this slip and fall case. This case will be the largest claim sought against the Calypso Water Park company. Jermani states that he dislocated and fractured his left ankle from slipping on the steps that lead out of the children’s pool. He plans to sue the company because he thinks that the water park was careless since they didn’t install handrails and did not ensure that the pool surfaces were safe. Jermani is the owner of Rony Jermani Salon and Spa in Greenboro and claims that he is losing business because of this injury. Since the ankle did need surgery, he feels the pain in his ankle and the bottom of his foot that lowers his tolerance for walking too. In addition, he is not able to work as because of the tenderness while standing. Jermani says that the water park should have signs mentioning the danger of the pool surface and the steps for the wading pool. Jermani’s lawsuit is asking for $3 million for his future loss of business and $200,000 for his suffering and loss of life enjoyment due to the pain. Calypso Water Park believes that the claims are excessive and that the court will dismiss the case as it has with similar lawsuits in the past. This company has...Have a question? Give us a call.
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