Injured - The FindLaw Accident, Injury and Tort Law Blog


Frequently, when individuals ask what their injury cases are worth, they are surprised to learn that there is no way for an attorney to answer that question without having access to accurate fortune tellers. Since fortune telling is all a hoax (if it weren't, there'd be a lot more lottery winners), this means that really knowing what a case is worth is impossible until it's over.

Simply put, there are too many variables that go into a case's value. However, one rule of thumb that seems to hold true is that the larger the injury, the larger the award. In the context of defamation, this means that to get a big verdict, the victim must have suffered a major reputational harm, or lost significant income or revenues, as a result of the defamatory statement.

Individuals that are thinking about filing a lawsuit are often confused by the various parts of a lawsuit. One of the more confusing parts of any lawsuit is discovery, or the exchange of facts and evidence between the parties.

Discovery is the legal term used to describe the different processes that require parties in a lawsuit to exchange information that each side possesses. For example, in an employment law case, a fired employee will want to see their personnel file, and through discovery, an employer would likely be required to provide those documents.

Below, you can read about the discovery process, the various tools, and how disputes get resolved.

Fireworks are really dangerous. Not only can the explosions and fire destroy property, but people can be severely injured. In some states, and localities, certain fireworks require permits, and oftentimes those permits require insurance. Regardless, there really is nothing quite like safely firing off some giant fireworks into the night sky. Heck, even medium sized ones are fun. But, with great firepower comes potentially even greater legal liability.

If your property is damaged when a neighbor sets off fireworks, even if illuminating the night sky is legal in your state, you can still sue. If there are laws against using fireworks in residential areas, or your city or state, and a neighbor causes your property damages, they could potentially face criminal penalties as well.

Almost one in every eight American women will develop invasive breast cancer at some point in their lives. And sadly, many of those women won't find out they have breast cancer until long after they should. According to one medical website, a whopping 61 percent of all medical malpractice claims involving breast cancer patients are related to alleged delays in diagnosis.

Misdiagnosis -- whether diagnosing an issue that doesn't exist or failing to diagnose one that does -- is a form of medical malpractice, and doctors that fail to diagnose breast cancer can be liable.

In April of 2010, then 17-year-old Sarah Adams was prescribed a NuvaRing contraceptive device by a nurse practitioner at Montefiore Medical Center in New York. Less than three months later, Adams suffered a total cardiac arrest that left her with "significant and permanent brain damage with marked cognitive and fine motor skills deficits," according to a lawsuit she filed against Montefiore.

And last week, a state appeals court in New York allowed that lawsuit to continue, denying Montefiore's motion to dismiss the claims. Here's what happened, factually and legally.

Most people have a healthy fear of the airline beverage cart for a good reason. Those things always seem to be just barely small enough to fit down the aisle, but not usually without knocking some knees, toes and elbows hanging out into the aisle.

Unfortunately for one American Airlines passenger, Charles Johnson, a runaway beverage cart caused much more than just a bumped elbow. Johnson was on a flight from Hartford, Connecticut to Charlotte, North Carolina, with his wife, when a fully stocked, 300 lbs, beverage cart broke loose. In the recently filed lawsuit against American Airlines, Johnson alleges that the runaway cart struck him in the head, causing a serious traumatic brain injury.

Summer is the perfect time to get back to nature. And while nature can contain beauty, quiet solitude, and a break from the hustle of a job and city life, it can present its own set of dangers. From insects and animals to rocky trails, and, yes, falling trees, Mother Nature can be an unwelcoming host.

Perhaps that's part of the allure of camping, but what happens when something goes bad in the great outdoors? Here's a look:

Shopping carts may seem innocuous enough, even cute if they're designed like race cars and carrying toddlers around the store. But they become a bit more sinister after an accident, especially one causing injuries. Shopping carts injure 24,000 kids every year, according to one study, and can become especially dangerous during peak shopping hours -- like after work -- or peak shopping days -- like Black Friday.

If you're injured by a shopping cart in or outside of a store, do you have a legal claim? And whom can you sue?

Most people are well aware of the fact that if a hospital or doctor makes a mistake, or is negligent, a medical malpractice claim can be made. However, when hospice services fail to provide care, or provide substandard care, individuals, family members, and loved ones, are often confused about possible legal remedies. Shockingly, this occurs more often than the hospice industry would like to admit.

People in hospice care generally must be terminally ill and seeking palliative care, meaning medical treatment that is not intended to cure the problem, but rather just reduce or relieve associated pains. Hospices contract with these individuals to provide palliative care, such as the administration of strong pain medications, physical therapy, and even helping with hygiene and other matters.

When a hospice fails to provide care, or is negligent in the care provided, there may be legal claims depending on the resulting injury.

On June 15, organizations across the world will be participating in World Elder Abuse Awareness Day. The participating organizations will not only be teaching people what constitutes elder abuse, but will also be teaching the public on how to identify and stop it.

If you can't make it to one of these events, you can still participate in Elder Abuse Awareness Day on your own. Just take some time to educate yourself on the different types of elder abuse, as well as how to stop it, and maybe chat with a few colleagues or peers about the issue, or post on social media, to help raise awareness.