Injured - FindLaw Accident, Personal Injury and Tort Law Blog

Injured - The FindLaw Accident, Injury and Tort Law Blog


Many personal injury attorneys offer free consultations. This allows a lawyer to learn more about the facts surrounding your case before deciding to take you on as a client.

As the first step in the process of pursuing a potential personal injury claim, your initial meeting with an attorney will also be an opportunity for you to find out more about your legal options and to get a feel for whether you and the attorney would work well together.

But how do these initial meetings work? And what should you expect from a free consultation with a personal injury attorney?

Comedian Joan Rivers' death was the result of medical malpractice, her daughter claims in a lawsuit. What can consumers learn from this pending case?

As you may recall, Joan Rivers underwent a procedure to remove a growth from her vocal cords last summer. She suffered cardiac and respiratory arrest during surgery and was rushed to a hospital; Melissa Rivers later decided to remove her mother from life support.

But according to Melissa's lawsuit, Joan Rivers' death can be blamed on doctors and the New York City clinic where her procedure was performed. Here are three legal facts about medical malpractice cases to keep in mind as this lawsuit proceeds:

When calculating damages for an injury lawsuit, lost wages are often included in the total amount.

Lost wages typically include money that a plaintiff would have earned from the time the injury occurred until the settlement is reached or a trial is complete. However, an injury lawsuit may also seek recovery for the loss of future wages, known as earning capacity. Damages for lost earning capacity seek to compensate an injured person for his or her diminished ability to earn money in the future due to impairments caused by an injury.

When can a plaintiff seek these two types of damages?

A man who claims he was injured on a Southwest Airlines flight by a falling carry-on bag has filed a lawsuit against the airline.

Jerry Reinhardt was seated on a Southwest plane at Portland International Airport in 2013 when another passenger tried to fit a large carry-on bag into the compartment above Reinhardt's head, reports The Oregonian. Reinhardt's lawsuit claims that when a flight attendant came to help the passenger cram the bag into the overhead bin, the bag fell on him, causing him to suffer an injury.

Why does Reinhardt think the airline should be responsible for his injury, and how much is he seeking to recover?

Brain injuries can cause permanent physical and mental damage. Determining the value of a person's injuries can often be complicated.

Generally, damage awards in a personal injury case include two types of damages: compensatory damages and punitive damages. Punitive damages are typically reserved for cases in which a defendant's actions justify a monetary punishment as opposed to simply compensating a victim, and are generally awarded at the discretion of a judge or jury.

In most injury cases, the value of your case will largely depend on the amount of compensatory damages you are awarded. How are these damages calculated in a brain injury lawsuit?

When a vehicle accident involves a big rig semi-truck or other large commercial truck, the potential for those involved to suffer serious injuries or even death may be increased.

One Washington man somehow escaped with not just his life, but also without serious injuries last week when his vehicle was pinned between the trailers of two semi-trucks in a 26-car pileup on Interstate 84 in Oregon. Kaleb Whitby's entire pickup truck was demolished except the small space surrounding his seat, CNN reports. But Whitby escaped with just a few cuts and bruises.

Unfortunately, other drivers can't always count on being so lucky. And injury lawsuits involving commercial truck accidents may require different or additional legal considerations than a typical auto accident, meaning your best move may be to hire an attorney who specializes in truck accidents.

Why should you hire a truck accident lawyer? Here are five things that a truck accident lawyer can do that you probably can't:

People say hurtful and offensive things on social media all the time. But when do these words cross the line into legally actionable defamation?

Offensive social media posts can be product of Internet "trolling" (which more than 1 in 4 Americans have admitted to doing) or real life conflicts carried over into the online sphere. And while gossip, disagreements, or even old fashioned name calling may be disagreeable, in order for a social media post to be considered defamation -- and for the individual behind the post to be held liable for damages -- several specific requirements must be met.

When does a social media post rise to the level of defamation?

Although it may seem like the sky is the limit when it comes to personal injury damage awards, in many cases a damages cap may limit compensation in an injury case.

A damages cap can apply in a number of different situations. Case in point: In a lawsuit brought by a 13-year-old girl injured in the 2011 stage collapse at the Indiana State Fair, the Indiana Court of Appeals this week upheld an Indiana law limiting the state's total liability for an incident to $5 million. In that incident, seven people were killed and more than 100 were injured. Nevertheless, Indiana's damages cap limited total recovery to $5 million among the more than 62 victims who settled with the state, in addition to $6 million for 59 other victims approved by state legislators.

With this case in mind, how might a damages cap affect your injury case?

If you need help with a worker's compensation claim or want to appeal a denial of worker's compensation benefits, then you may need a worker's comp attorney. But how do you find the right one for you?

Choosing the right attorney may have a profound impact on your ability to obtain worker's compensation benefits or other compensation. And there's likely to be a number of attorneys willing to take your case.

So which worker's comp lawyer should you hire, and where should you start looking for one? Here are a few tips you may want to consider:

With inclement winter weather comes increased odds of being involved in a multiple-vehicle chain-reaction crash.

A winter storm that created whiteout conditions and icy roadways led to one such chain-reaction pileup in Michigan last week. The crash involved a total of 193 vehicles, reports the Lansing State Journal, causing the death of a truck driver and more than two dozen injuries.

What should drivers know about these wild winter wrecks? Here are five legal considerations: