Articles Tagged with personal injury attorney

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We trust that the products we buy are going to be safe when used as advertised. This is true when it comes to everything from kitchen appliances to children’s toys to motor vehicles. Those who purchase certain items for medically-required uses may rely even more heavily on these devices, and need to know these devices are safe. injury lawyer

Unfortunately for a man with disabilities who used a wheelchair, the product he used for mobility was proven unsafe. Plaintiff reportedly suffered injury to his lower extremity when an inward facing bolt punctured his skin. A month later, that wound was aggravated when a screw seat and aluminum seat rail failed, causing the seat to collapse and plaintiff to be ejected out of the wheelchair. The aggravation of that original wound meant it did not heal for a full three years, and he now suffers a permanent nerve-related injury.

Plaintiff filed his product liability lawsuit, alleging the chair was defective in its design, manufacture, warnings and repair. He presented evidence in his California trial that the design of his wheelchair was dangerous, rending the chair defective, and that the instructions provided by the manufacturer were inadequate, and thus the maker was negligent. Plaintiff presented evidence at trial that his wound-related injuries and nerve injuries are going to require $5 million in care in the future, and might not ever totally be resolved.  Continue reading →

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Anytime personal injury lawsuits are settled, there may be terms and conditions that must be read carefully. There are some situations wherein the language could prohibit any and all future claims against other potential defendants – and that may not be a scenario you want, depending on the circumstances. mechanic

In a recent appellate case out of California, the language of an earlier settlement agreement became an issue in a subsequent personal injury lawsuit filed by a mechanic against a property owner. The question before the appellate court was whether plaintiff’s claim against these entities was barred because of a settlement with one defendant

Here’s what happened: In 2011, plaintiff, a mechanic, was hired by the auto sales company to figure out why a vehicle owned by the sales firm wouldn’t start. Unbeknownst to plaintiff, the towing company had recently towed the vehicle to the site and disconnected the transmission shift linkage when it did this. However, the towing company employee did not reconnect the shift linkage. Plaintiff said he put the vehicle in park and climbed underneath to troubleshoot. When he went to test the electrical connection to the starter, the vehicle ran over him and dragged him through the parking lot.

Plaintiff’s spine was crushed.  Continue reading →

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You were injured by someone else’s negligence. You hired an experienced injury lawyer. Defendant refused to settle so you took your case to trial. You won – and the jury has awarded you a sizable sum. Now you can put it all behind you – right? gavel

Not necessarily. In Florida civil lawsuits, the judge has the right to to order a remittitur. This is a ruling by a judge, usually based upon a motion from the defense to reduce or toss a jury verdict, that lowers the amount of damages awarded in a civil injury lawsuit. Typically, a remittitur is when the amount awarded is deemed “excessive” or unreasonable. If the motion for remittitur is granted, plaintiff has one of two options: Accept the reduced award or agree to undergo a new trial solely on the issue of damages.

In a recent case before Florida’s Fifth District Court of Appeals, one justice issued a dissenting opinion on the issue of remittitur, arguing, “Unless there is something that influences the jury outside the record, in my view, this verdict should stand.” He added, “The amount of damages in a civil case are well within the province of a jury, and a verdict is not excessive because it is above the amount the court considered a jury should have allowed.”  Continue reading →

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Jurors in Georgia awarded $5 million to a woman who suffered a paratransit van fall that caused her to lose her left arm and rendered her right arm useless. wheelchair

Deliberations lasted about 7 hours before finding the company that operated the non-emergency transport van was partially responsible for the 2012 accident that prompted the lawsuit, Smith v. Logisticare.

At the time of the incident, plaintiff was a left leg amputee and she was traveling in defendant’s van to get to a dialysis appointment. She reportedly was not properly secured into the van, and fell out of her wheelchair when the van hit a pot hole. Because she was not properly belted into position. Crush fractures suffered to her arms necessitated her left arm be removed and her right arm no longer functional.  Continue reading →

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Waivers of liability can be difficult to overcome in personal injury cases. Often, proof of simple, ordinary negligence will not be enough. Instead, what must be shown is proof of gross negligence.shower2

Gross negligence occurs when there is some kind of blatant violation of or clear indifference to a legal duty toward the rights and protection of others. It’s a kind of flagrant and conscious disregard for the use of reasonable care. It doesn’t mean showing the accident/ injury was intentional, but rather showing an extreme lack of care that is likely to cause foreseeable, serious harm to someone else. In some cases, an assertion of gross negligence will support a recovery of punitive damages too, though there usually needs to be evidence of willful, wanton misconduct.

In the case of Anderson v. Fitness International LLC, the question was whether plaintiff had sufficiently proven gross negligence to overcome the protection that his signed waiver of liability had afforded the defense. A California appeals court ruled: No. Continue reading →

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When someone suffers a work-related injury, typically the only remedy they have against the employer is a claim for workers’ compensation benefits. However, the exclusivity provision of workers’ compensation law does not prohibit injured workers or their families from seeking compensation from negligent third parties. In some cases, that could include the owner of the property where the work was being conducted. propane

One such case was recently weighed by an appellate court in California. In Regalado v. Callaghan, justices were asked to consider whether the trial court made any mistakes that resulted in a finding that a homeowner was liable for the injuries suffered by an employee of a pool contractor. Jurors at trial had found the homeowner 40 percent liable for the worker’s injuries based on theories of negligence and premises liability and ordered him to pay $3 million in damages.

According to court records, the homeowner was a licensed subcontractor who wanted to build a “dream house” for his wife in the Coachella Valley. He acted as an owner-builder for his home project, meaning he obtained the permits for construction and served as the person responsible for overseeing the construction – similar to the role a general contractor would take on. Continue reading →

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When a person is injured as a result of the negligence of another who owed them a duty of care, that individual usually has the right to pursue compensation under Florida law. That part is pretty well-known. What is less understood is that certain loved ones of the person injured may also pursue their own claim for damages under a type of compensation called “loss of consortium.” hug

A claim for loss of consortium alleges damages suffered by a loved one of a person who has been injured or killed as a result of a defendant’s negligent, intentional or otherwise wrongful act. Loss of consortium claims vary widely from state-to-state, with some imposing strict limitations on who has the right to a loss of consortium claim. Typically, it’s filed by one’s spouse, and asserts the loss of “normal marital relations,” which can be a euphemism for sexual intercourse, but also for loss of companionship. The exact measure of this kind of loss is speculative, which is why only an experienced injury attorney should handle such claims. Proving damages often requires delving into the strength of the bond and the closeness of the relationship.

In Florida, unlike in some other states, the law allows for claims of loss of consortium brought by others besides one’s spouse. Specifically, parents may sue for loss of consortium of a child and children may sue for loss of consortium of a parent. Rights to these claims are found in several statutes, including F.S. 768.21Continue reading →

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In most trip-and-fall or slip-and-fall lawsuits, injured persons hoping to prevail have to prove actual or constructive knowledge. That is, they have to show the property owner/ manager knew or should have known about the hazard, either because:

  • They created it;
  • They were informed of it;
  • It existed for such a length of time, it should have been discovered in the course of reasonable care. gravel1

It is the plaintiff who bears this burden of proof.  Continue reading →

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A bouncer at a popular Key West bar is suing former Backstreet Boy Nick Carter after the pop star allegedly attacked staffers and tried to choke the plaintiff for kicking him and his friend out of the establishment for being unruly and disrespectful.handcuffs3

According to The Daily Mail, the bouncer claims the singer physically assaulted him while he was escorting the pair out of the bar, Hog’s Breath Saloon. This was after he reportedly attempted to headbutt the manager of the bar after the staff refused to serve him or his friend any drinks, as they had arrived inebriated. He allegedly became irate and refused to leave after being asked to do so 10 times, staffers said.

Carter, who was recently the runner-up on the popular show, “Dancing With the Stars,” reportedly apologized for his actions, saying he was finding it difficult to “balance a healthy lifestyle” and he is “not perfect.” At the scene, where he was arrested for misdemeanor battery, Carter reportedly told the officers staff at the bar, “acted like Navy Seals.” Continue reading →

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