by Charlie Smith | May 9, 2017 | Blog, Evidence, Personal Injury |
When you suffer a personal injury, you’re dealing with ample stress and pain. A future lawsuit could be the last thing on your mind, but it’s important to remember that the incident could result in medical bills, lost wages, and many other expenses. Seeking legal help could be necessary, so be sure to keep your wits about you. Seek Medical Help Once the incident occurs, you should seek medical help right away. Many people dislike hospitals and avoid them whenever possible, but you should resist the urge to shrug it off and try to heal up at home. After all, the extent of some injuries may not be immediately apparent. For instance, when dealing with a head injury, it can take weeks, or even months, for symptoms to appear. Acute soft tissue injuries can result in pain that increases exponentially over time. Only a medical professional can understand the scope of these injuries. In addition, some legal jurisdictions require that you see a doctor within a specific time or you forfeit your ability to file a claim. Seeking medical attention right away is the only safeguard to preserve your future legal rights. Gather Evidence Try to obtain as much documentation of the incident as you can. If you’re sent to the hospital, contact a friend or relative to gather information for you. Video, photographs, times, dates, and audio evidence can be collected. If there were any eyewitnesses to the incident, get their contact information. Have a police report taken, and save any torn or bloodied clothing that shows the extent of your injuries. If you need to revisit the scene...
by Charlie Smith | Apr 20, 2017 | Blog, Court Cases, Personal Injury |
While most personal injury cases deal with typical slip and falls, car accidents, or defective devices, there are also some cases that are so unusual they’ve become famous. These are a few of the most legendary personal injury cases to make their way through the court system. Stella Liebeck Versus McDonald’s Perhaps the most famous personal injury case of all is Liebeck vs. McDonald’s, otherwise known as the hot coffee case. In 1992, Stella Liebeck ordered a cup of coffee from McDonald’s. As the 79-year-old was holding the coffee between her legs in the passenger seat of a parked car, the coffee spilled on her lap and caused third-degree burns. Before Liebeck’s case, McDonald’s had received over 700 reports of injury from its coffee. Liebeck offered to settle for $20,000 to cover lost income and medical expenses, but McDonald’s thought it would win the case and went to trial. However, the jury sided with Liebeck. She and McDonald’s eventually reached a confidential settlement. Bret Michaels Versus CBS In 2009, Bret Michaels, lead singer of the rock band Poison, suffered an injury to his face at the Tony Awards, which was broadcast by CBS. Michaels claimed that a set piece hit him in the face because CBS didn’t tell him how to exit the stage safely. Immediately after the incident, he had X-rays that showed a broken nose. A few months later, he also suffered a brain hemorrhage, which he believes was from the accident. Michaels and CBS eventually settled the lawsuit, and the terms were not made public. Cedrick Makara Versus Newmark Realty and 40 Worth Associates A jury awarded Cedrick...
by Charlie Smith | Mar 9, 2017 | Blog, Evidence, Personal Injury |
Evidence is the material used in court cases to either prove or disprove the charges. Strong evidence translates to a strong case, so if you are ever involved in a personal injury case, then you want to do everything in your power to ensure that all evidence remains intact and accessible. Spoliation occurs when evidence is lost, destroyed, or otherwise tampered with; when this happens, the evidence can no longer be used in the case. Depending on the case, there may be penalties for spoliation of evidence. The penalty could involve having to pay a fine, or it could result in criminal proceedings and conviction. To some judges, when an individual destroys the evidence involved in a personal injury, it may appear as if that person had a desire for the evidence to be destroyed and therefore was aware of his or her guilt. Specifically, in personal injury cases, spoliation can affect cases involving defective products. If you are involved in a personal injury case based on a defective product, your saving that defective product could mean the difference between winning your personal injury case and having the case dismissed because the only evidence available was your testimony. Because of spoliation, a Texas man was awarded over one million dollars in a 2013 slip-and-fall case. In this case, Brookshire Brothers Ltd. V. Aldridge, the store where the fall occurred had recorded over the footage shot by the surveillance system in the minutes prior to when the fall occurred. The jury saw this as the store attempting to cover up any footage of possible wrongdoing, to avoid releasing footage that might...
by Charlie Smith | Jan 28, 2017 | Blog, Personal Injury, Settlements |
Pain and confusion are often results from any accident. More common from are personal injury cases that could bring even more devastation to parties involved. A personal injury case is legally recognized as disputes arising from an accident as a result of one or more people suffering various degrees of damages. What is a personal injury case? Personal injury law allows an injured person to seek compensation for the damage suffered in an accident where an at-fault person is identified. The at-fault person is assumed negligent, and as a result, his action leads to the injury sustain. Common types of personal injury cases Personal injury cases can stem from the various type of situations. It should be noted that not all injury cases lead to someone bearing the liability, but cases where someone is found to be negligent as a result of an injury, a personal injury case may be established for compensation. The various types of personal injury cases include: Car accident cases. Of all types of personal injury cases, a car accident is most common. It could involve two cars crash, or a car hits a pedestrian, a motorbike, or bicycle. It could also result from own- accident due to speeding, distracted driving, and so on where the driver is found negligent. Medical malpractice. Professional negligence where a doctor failed to observe due professional care leading to patient’s injury. This type of personal injury case is usually complex in nature as the law requires the plaintiff to prove professional negligence against the defendant. Slip and fall cases. This type of personal injury case is often against the...
by Charlie Smith | Jan 15, 2017 | Automobile Accident, Blog, Personal Injury, Slip and Fall, Workplace Injury |
Several types of accidents can result in personal injury cases. Most personal injury victims are not aware that someone else’s negligence may have caused their accident. Having this knowledge can lead you on the right path of collecting compensation for your injuries. Hiring a professional legal team can help you to determine if your accident is due to negligence and fight for your compensation. Several accidents can result in personal injury (also known as PI) cases, but these are the most common. Auto Accidents Auto accidents are one of the most common causes of personal injury cases. If another driver hit you in an automobile accident and sustained injuries, you might be eligible to seek financial compensation for your injuries. Drivers can be held responsible for negligence if they were speeding, driving while under the influence, traffic violations, and much more. Your PI lawyer will work with the additional parties involved with your case to determine the circumstances. Accidents in the Workplace Another common PI accident results from workplace injuries. If you are a victim of a workplace injury, you may be able to seek workers compensation for the injuries you sustained while on the job. Hiring your personal injury lawyer early on will help your case due to their knowledge about the legalities involved with Workers Compensation cases. Slip & Fall Slip and falls can be very dangerous and lead to several injuries. While they can happen anywhere and to anyone, there are many things to take into consideration when filing your case for compensation. If you slipped and fell due to unsafe conditions such as wet paint or pavement,...
by Charlie Smith | Dec 21, 2016 | Blog, Personal Injury |
The holidays are a great time to review the year with family and friends. With all the hubbub, it may be easy to forget some common safety tips that will keep you and your loved ones out of harm’s way. In addition, some may be working during the holidays and it is just as important to stay alert to avoid any personal injury. While we are here to help in the event of a personal injury, we would not wish it on any one, especially during this fun time of year. Some of the most common injuries during the holidays include falls, which may include smaller injuries like sprains or larger injuries like a fracture or bone break. Falls may happen in the home or at work. For example, in the home, you may be putting up decoration but did not secure the ladder enough. While at work, a fall may occur as you’re helping a customer. Everyone is on the hunt for the perfect gift, so it’s important to be aware of the possible crazy customers that may not notice you on the ladder or carrying boxes. In both of these instances, it’s critical to note that you should have the proper ladder height for the job and should be wearing shoes with a good bottom to give you enough traction. If you are working outdoors, try to avoid working on days with a lot of wind or when it’s raining. If you are grabbing boxes of decoration out of the attic, or receiving a shipment from work, be sure to keep the pile of boxes at a...