Injured - FindLaw Accident, Personal Injury and Tort Law Blog

Injured - The FindLaw Accident, Injury and Tort Law Blog


You should strive to be in your best shape when applying for a new job, but potential employers can't just write you off for past injuries.

Case in point: A patrol officer applicant named Russell Holt sued BNSF Railway Co. after the Texas-based company yanked his job offer when Holt disclosed a prior back injury. The EEOC has now filed a lawsuit on Holt's behalf, claiming that BNSF discriminated against him on the basis of a disability.

Can you sue when you've been denied a job based on past injuries?

Being the passenger in an automobile involved in an accident can be a helpless feeling, as you have no control or power to avoid the crash.

But when it comes to recovering for your injuries in court, being the passenger in an automobile accident may allow you to recover damages more quickly than those who may have been behind the wheel, as you likely had no fault in causing your own injuries or the injuries of others.

So if you're a passenger in a crash, whom should you sue?

Getting in an accident with another car is one headache, but your frown may get upgraded to a mega-frown when you hear you've hit a city or state government-owned vehicle. Or maybe it hit you.

Don't worry, you can fight City Hall. Whether you were in an accident with a police car or a trash truck, you do have options when crashes involve government-owned vehicles.

Here are five tips for accidents involving state or city vehicles to get you started:

When it comes to personal injury lawsuits involving negligence, fault is often shared by both the person who was injured and the person who is being sued.

The law accounts for this shared fault scenario in different ways, depending on the rules of the state in which the accident occurs. Known as contributory negligence, a person's own level of fault in causing his injuries may lessen the amount of recovery possible in a personal injury lawsuit, or bar recovery entirely in some jurisdictions.

How do contributory negligence and its more modern counterpart, comparative negligence, work? Here's a general overview:

When you meet with a personal injury attorney for a consultation, you don't want to show up empty-handed.

You want to give your potential lawyer all the information you can so she can make an accurate evaluation of your injury case. That won't exactly work if you leave crucial documents at home or at the hospital.

So make sure you bring these seven types of documents to your personal injury consultation:

Workers' compensation is the insurance coverage most employers are required to purchase or provide to compensate employees who are injured in the course of employment. It generally acts as a substitute for a lawsuit against your employer (although in some instances you may still be able to file a lawsuit to recover for workplace injuries).

But just because an employer is typically required to provide workers' compensation coverage doesn't mean that your workers' compensation claim will necessarily be approved.

What should you do if your workers' compensation claim in denied? Here are five first steps to appealing the denial of your claim:

Slip-and-Fall: Do You Have a Case?

As summer slips into fall, calendar-wise, the incoming wet weather in many parts of the country brings with it the risk for a more literally kind of fall: a slip-and-fall injury.

Unfortunately, wet surfaces are just one of the many conditions that can cause a slip-and-fall injury. Outdoor slip-and-fall injuries can be caused by cracked pavement or sidewalks, inadequate lighting, or hidden dangers such as unfilled holes. Indoors, polished or wax floors, torn carpets, worn stairways or improperly maintained elevators and escalators are all sources of slip-and-fall injuries.

But how do you know if your slip-and-fall injury will make for a winnable personal injury lawsuit? Here are a few factors to consider:

You may assume that if you were speeding before a car accident, you have no chance of winning. But that's not necessarily true.

Depending on the laws in your state, you can get compensation in your car accident case even if you were violating the speed limit before your accident.

Want to know how? Check out the legal principles governing when speed limit breakers can recover in a car accident case:

Many drivers practice what's known as "parking by Braille": They keep moving until they feel a bump. And those bumps may be more meaningful for car owners who come back to find their cars dented and dinged.

In the best of all possible parking worlds, some sort of fairy would appear and leave a detailed note on your car -- rife with contact and insurance information -- every time your parked car was hit. However, back in the real world, you may have to get the law involved in order to get some compensation for your parking lot woes.

Here are three ways to get legal compensation for parking lot dents and dings:

When a lawsuit involves a kid, the rules can sometimes be a little different. Being under the age of majority -- which is set by statute in most states at 18 -- children generally aren't able to file lawsuits themselves, requiring the help of parent or a guardian appointed by the court.

But what about when a child causes another person to suffer injury or property damage? If you're injured by the reckless or intentional acts of a child under 18, can you sue someone else's kid?

Here are three points to consider: