Injured - The FindLaw Accident, Injury and Tort Law Blog

December 2013 Archives

Top 10 Personal Injury Blog Posts of 2013

This year's most popular Injured posts entail a wide variety of personal injury issues, ranging from fatal bike and roller coaster accidents to the first deaths at Tough Mudder and Cirque du Soleil.

Without further ado, here are the Top 10 posts from our Injured blog in 2013:

What Are Interrogatories?

Interrogatories are one of the most commonly used methods of discovery. They are written questions served by the opposing party that must be answered in writing as part of the discovery process.

What exactly are interrogatories and how should you respond to them?

Personal Injury Mediation: 5 Things to Expect

Though you may imagine your personal injury lawsuit turning into a dramatic episode fit for primetime television, in reality, many personal injury cases wind up in mediation. Many courts even mandate mediation as part of the pretrial process.

If you're opting to mediate your lawsuit, here's what to expect in your personal injury mediation:

$5M Scooter-Injury Suit Dismissed on Technicality

A Massachusetts man who fell from a police scooter had his injury suit tossed out of court Monday because of a technicality.

Reyes Cotto, 79, was in a coma for almost two weeks after tumbling from a police scooter in 2009, incurring more than $400,000 in medical bills. Cotto's $5 million lawsuit against the city of Lowell, Massachusetts, alleged that a police officer had negligently allowed him to use the police scooter without a helmet, reports the Lowell Sun.

Why was Cotto's suit dismissed?

Can You Sue Over Mental Stress, Trauma?

If someone causes you mental stress and trauma — such as anxiety or paranoia — you can sue him or her for damages under the legal theory of emotional distress. But in reality, securing damages for stress and trauma is pretty challenging. Damages are awarded only when certain circumstances are present.

Here are five questions to ask yourself when considering a lawsuit over mental stress or trauma:

Target Sued Over Customer Data Breach

A Target shopper is suing over an alleged data breach that's believed to have affected 40 million customers at Target stores.

The retail giant revealed last week that customers who used credit or debit cards at Target stores between November 27 and December 15 may have had their personal information compromised, reports Bloomberg.

As a result of this data breach, millions of consumers may be wondering what steps to take to protect their private information -- and whether they may also have grounds for a lawsuit.

How Many Workplace Injuries Go Unreported?

According to a new FindLaw.com survey, nearly 1 in 10 workers have decided not to report a workplace injury for fear of retaliation.

This new data suggests that 9 percent of Americans are afraid to report when they are ill or injured on the job because they are afraid of being fired, passed over for promotions, or harassed.

Are that many workers too afraid to say when they're hurt?

U.S. Gov't to Pay $6.5M for Baby's Brain Injury

A Michigan family is set to collect $6.5 million for their baby's brain injury at a military hospital, after a judge approved a settlement agreement with the federal government.

Haiden Rivera, now 5, was born in September 2008 at Fort Hood's Carl R. Darnall Army Medical Center via induced labor, reports the Killeen Daily Herald. The Riveras' suit alleged that Darnell Medical Center was responsible for the severe brain damage caused by this induced birth.

What were the Riveras' claims for their newborn's brain injuries?

How Does PIP Insurance Work? 5 Common Questions

Choosing the right car insurance policy can be tricky, and may leave people wondering: How does personal injury protection (PIP) work?

In general, PIP insurance covers expensive medical expenses after an accident. PIP can be beneficial because it reimburses drivers for their injuries, if those injuries aren't covered by medical insurance.

Each state has different PIP requirements and availability, so learning more about PIP insurance can help you choose the right policy. Here are some common questions and answers about how PIP coverage works:

1 in 5 Workers Injured on the Job: FindLaw Survey

If you've been injured on the job, you're certainly not alone. According to a new FindLaw.com survey, more than one in five Americans say they have been injured on the job.

Here are some highlights from the survey and advice on how to deal with on-the-job injuries:

Woman Impaled by Tree Limb to Get $9.5M From City

A Georgia woman who was impaled by a tree limb and had to get a leg amputated is set to collect a $9.5 settlement from the city of Savannah.

The case demonstrates that successfully suing the government is no easy feat. But when you're severely injured on public property, it is possible.

The road to legal recovery, however, can be an arduous one.

Fosamax Settlement Proposed: $27.7M for 1,200 Plaintiffs

Pharmaceutical giant Merck & Co. Inc. has agreed to pay $27.7 million to about 1,200 plaintiffs as part of a Fosamax settlement to resolve claims that the osteoporosis drug caused bones in their jaws to deteriorate.

The proposal would settle 1,140 lawsuits of the 5,255 outstanding cases in which Merck is embroiled. What's to become of the roughly 4,100 leftover lawsuits?

Can You Settle a Car Accident With No Insurance?

Settling a car accident with insurance is relatively straightforward. But what happens when one or both insurance companies are not involved? Although not an ideal situation, settling an auto collision without insurance is possible.

If you’d rather settle without getting your insurance company involved, don’t forget to take these five steps after an accident:

Asiana Flight 214 Crash Hearing Begins

The National Transportation Safety Board held a hearing Wednesday as part of its probe into the Asiana Airlines Boeing 777 crash-landing at San Francisco International Airport in July, leaving three people dead and about 200 injured.

What exactly did the NTSB hearing process entail?

Abused Behind Bars? What Can You Do?

For the millions of Americans behind bars, getting justice for abuses suffered while incarcerated may seem like a fantasy.

However, as the recent charges filed against the Los Angeles County Sheriff's Department indicate, justice for prisoner abuse and mistreatment is not so farfetched.

If you or a loved one has been the victim of abuse or mistreatment while incarcerated, here are some ways you may be able to get help:

Holiday Decoration Injuries: 15K ER Visits in 2012

A new report on holiday decoration injuries finds that "decking the halls" leads to a seasonal spike in hospital emergency-room visits. And the number of injuries continues to rise.

More than 15,000 festive folks sustained holiday decoration-related injuries requiring ER treatment in 2012, according to new estimates by the U.S. Consumer Product Safety Commission. It's the fourth consecutive year the numbers have increased.

To spread your holiday cheer without suffering an injury, keep these five tips in mind:

Ice Storm Car Accidents: Prepare for the Worst

Ice storms might mean snow days for children, but it can mean car accidents and headaches for adults.

A winter storm considered "the worst to hit the United States in years" pummeled the nation's central states on Friday, leaving many to deal with icy roads, frozen cars, and cancelled flights, reports Reuters. And more icy weather is on the way for the weekend.

What can drivers do to prepare for an ice storm?

5 Things to Consider When Suing a Restaurant

From being a victim of food poisoning to being served "pot sandwiches," "fed up" patrons often wonder when it's appropriate to sue a restaurant.

Here are five questions to ask yourself when considering a lawsuit against a restaurant:

23andMe Faces $5M Class Action Lawsuit

DNA testing company 23andMe is being slapped with a $5 million class action suit by customers who felt they were misled by the company's advertising.

The suit came shortly after the Food and Drug Administration (FDA) ordered 23andMe to stop marketing its personalized DNA diagnostic home kit, stating that the Silicon Valley startup had failed to provide adequate evidence for the kit's advertised uses, reports The Associated Press. The FDA was particularly concerned with claims that 23andMe's genetic kits could diagnose diseases -- and so are the company's customers.

Can 23andMe customers expect compensation for allegedly being misled?

What Is the Rail Disaster Family Assistance Act?

A New York commuter train derailed Sunday, killing four people and injuring dozens more. But a federal law may help to support victims and their families.

The ill-fated Metro-North train derailed while travelling 82 miles per hour before entering a 30-mile-per-hour curve, the same spot at which a freight train derailed in July, reports Reuters.

How might the Rail Passenger Disaster Family Assistance Act support those involved in the Metro derailment?

65-Car Pileup on Icy Mass. Freeway Injures 35

A 65-car pileup in Massachusetts resulted from frozen ice, sending 35 people to local hospitals. Two people -- a pregnant woman and a man in his 30s -- sustained serious injuries.

But who's liable for a massive pileup involving droves of drivers and wintry weather?