Injured - The FindLaw Accident, Injury and Tort Law Blog

October 2014 Archives

Rear-Ended at a Red Light or Stop Sign: Can You Sue?

Being involved in a rear-end accident is bad enough, but its even worse when you're stopped at a red light or stop sign.

These kinds of accidents can be more than just annoying fender-benders; depending on your vehicle, they may cause serious injury or even death. That was certainly the case early Friday when a hit-and-run driver slammed into an Arizona motorcycle cop at a red light, killing the officer, Phoenix's KNXV-TV reported. Then there are chain-reaction crashes: The car that hit you may not have even been the one responsible for the crash, but you may still be injured.

So can you sue if you've been rear-ended at a red light or stop sign?

Dog Bite Injuries: Do You Have a Case?

Getting bitten by a dog is never a particularly pleasant experience.

But not every dog bit incident will necessarily make for a successful dog bite injury lawsuit. From the extent of any possible injuries, to the circumstances surrounding the incident, there are many factors that a personal injury attorney will use in determining the potential merits of a lawsuit.

What makes for a good dog bite injury claim? Here are a few questions that you will likely be asked:

Facing Lawsuit, Ky. Theme Park Countersues Over 'Staged' Injuries

Kentucky Kingdom is countersuing two patrons who claim they were injured at the park, asserting the alleged waterpark injuries were "staged."

Louisville's WLKY-TV reports that Kentucky Kingdom CEO Ed Hart believes the pair had "some kind of plan to contrive incidents to get money" from the park. In a lawsuit, Felicia Evans and Brandon McClellan accused the park of negligently allowing them to go down a water slide using an incorrect inner tube.

But what does the theme park have to say about the alleged injuries?

Can You Get Workers' Comp for Wrist Injuries?

Wrist injuries may not seem like a big deal at first, but you should know that they can potentially be covered by workers’ comp.

According to a 2013 FindLaw.com survey, 20 percent of those injured on the job suffered repetitive motion type injuries — including wrist injuries like carpal tunnel syndrome. Workers may just accept the pain associated with these injuries as acceptable parts of their jobs, but worker’s compensation is typically available.

Consider these points when thinking about claiming workers’ comp for your wrist injury:

Top 10 States for Bicyclist Fatalities Revealed

A new report on bicyclists killed by cars on U.S. roads shows that a disproportionate number of these fatal accidents occur in just a handful of states.

The report, issued Monday by the nonprofit Governors Highway Safety Association, found that biking accident deaths increased 16 percent nationwide between 2010 and 2012, while motor vehicle accident fatalities increased by just 1 percent.

Which states saw the highest number of bicyclists killed in motor vehicle accidents, according to 2012 figures? Here are the Top 10:

Fatal Bicycle Crashes On the Rise: 5 Facts You Should Know

Biking can be a healthy and ecologically friendly alternative to driving. But bicyclists should be aware that the number of fatal bicycle accidents involving motor vehicles is on the rise.

Between 2010 and 2012, the number of U.S. bicyclists killed in accidents involving motor vehicles rose by 16 percent, reports the Los Angeles Times. The numbers come from a report by the nonprofit Governor’s Highway Safety Association.

What else did the GHSA’s report have to say about fatal bicycle crashes? Here are five facts you should know:

5 Things a Personal Injury Lawyer Needs to Know About Your Case

A personal injury lawsuit can be incredibly complex, from proving fault to assessing damages.

That’s why, in many cases, those who have been injured in an accident turn to a personal injury lawyer for help. Before your lawyer can start working on your case, however, he or she will have a few important questions about what happened.

What facts will your personal injury lawyer need to know? Here are five:

Child Injured at Day Care: Should You Call a Lawyer?

Although you may have done your research when selecting a day care facility, there is always the possibility that your child may be injured at day care. If that happens, should you call a lawyer?

In a potential lawsuit against a day care, there could be many possible defendants, including the person who caused the injury to your child, the staff members who were responsible for supervising your child, and the owners of the day care facility, among others.

But not all injuries make for successful injury lawsuits. If your child is injured, when should you call a personal injury lawyer? Here are a few things to consider:

5 Things a Workers' Comp Lawyer Can Do (That You Probably Can't)

Workers’ compensation is the system that compensates employees who are injured on the job financially without requiring a personal injury lawsuit. But do you need a lawyer to guide you through the process?

The system is set up to be “no fault,” meaning that any negligence on the part of the employee or the employer is not at issue. Nevertheless, successfully claiming workers’ compensation benefits can be a complicated, frustrating process, especially if your claim is denied.

Working with a workers’ compensation attorney may be the best way to ensure that you get the compensation you deserve for your injuries. Here are five things a workers’ comp lawyer can do that you probably can’t:

Airbag Defect, Deaths Lead to Recall Involving 4.7M Cars

An airbag defect that’s blamed for at least four deaths has led the National Highway Traffic Safety Administration to issue a recall notice for more than 4.7 million vehicles.

The NHTSA is warning drivers of cars subject to the recall to bring them to dealerships immediately. The latest recall brings the total number of cars recalled because of the airbag issue to 12 million worldwide, reports The Washington Post.

What’s the defect in these airbags, and which vehicles are subject to this latest recall?

Contacted About a Car Accident? What Should You Do?

Maybe it was a parking lot fender bender that didn’t seem to cause any damage or an accident that occurred when someone else was driving your car.

Whatever the case may be, if you are contacted by another party regarding a car accident, you may be taken by surprise. And unfortunately, doing or saying the wrong thing may have repercussions in the event of an accident lawsuit.

So what should you do if you’re contacted about a car accident?

Don't Know Who Injured You? Can You Still Sue?

Sometimes when you are injured and your property is damaged, you may not know the identity of the culprit. But just because the person responsible is unknown doesn’t mean you can’t sue.

The American legal system is actually set up to handle lawsuits where many (or all) of the defendants’ identities are a mystery. It may make your case less likely to be a success, but not knowing a name or address isn’t a fatal blow to a civil lawsuit.

So how can you still sue if you don’t know who injured you?

Injuries and Product Liability: Do You Have a Case?

When you've been injured by a product, you may be wondering if you have a legal case that's worth pursuing.

Defective products can hurt consumers in a variety of ways, but victims often worry that something they did with the product will prevent them from recovering. Perhaps they voided the warranty by trying to repair it, or even used it in a non-traditional way.

Consider the following general product liability principles to decide whether you have a good injury case:

Ky. Waterpark Slapped With Lawsuits Over Slide Injuries

Two-piece swimsuits at a waterpark, sure. But how about two injury lawsuits?

Kentucky Kingdom's Hurricane Bay is now the subject of two lawsuits alleging that staff allowed patrons to use the wrong inner tube for a particular slide. Louisville's WDRB-TV reports that two patrons, Brandon McClellan and Felicia Evans, have filed suit against Kentucky Kingdom for injuries incurred after falling out of the slide.

Is Kentucky Kingdom liable for these waterpark victims?

When Can You Sue for Punitive Damages?

In a personal injury case, a successful plaintiff is compensated financially according to the amount of his damages by what are called compensatory or actual damages.

But these damages may not be the only type of damages available to a plaintiff in an injury lawsuit. In some cases, a plaintiff may also receive punitive damages — known in some jurisdictions as exemplary damages — in addition to an award of compensatory damages.

What are punitive damages and when are they available?

Can You Still Get Workers' Comp If You Were at Fault?

Workplace injuries can be caused by a variety of mistakes or omissions, and sometimes the victim feels that he or she is entirely to blame.

And it’s not entirely untrue. As this series of Canadian workplace safety PSAs illustrates (in incredibly graphic fashion), an “accident” at work is likely due to a combination of preventable errors on both a supervisor and employee’s part.

But even if the employee was largely at fault for the accident, in America, he or she can still potentially be entitled to workers’ compensation. Here’s why:

N.H. Bounce House Blows Away, Severely Injuring 2 Toddlers

Two toddlers were hospitalized with severe injuries after a bounce house they crawled into was thrown into the air by wind.

The injured children entered the bounce house at New Hampshire's Sullivan Farm, "a popular spot for apple and pumpkin picking," reports The Boston Globe. The New Hampshire Bureau of Tramway and Amusement Ride Safety commented that because the bounce house was "not open to the public at the time," the case is out of their hands.

Who, if anyone, could be held liable for the toddlers' injuries?

CrossFit Injuries: Can You Sue?

CrossFit is growing increasingly popular, with gyms catering to fans of the high-intensity workouts opening across the country.

But along with CrossFit's fitness benefits may also come the risk of injury. A 2012 Ohio State study on CrossFit workouts that found although tests subject showed a marked improvement in fitness, several of the subjects were unable to continue with the study due to "overuse or injury," reports Bloomberg Businessweek. That study is now the subject of multiple lawsuits by both the owner of the gym whose members took part in the study as well as CrossFit Inc., the company who owns the CrossFit brand.

But regardless of whether CrossFit is more dangerous than other workouts, the question remains: If you're injured while doing CrossFit, can you sue?

Highway Guardrail Impalement Injuries, Deaths Lead to Lawsuits

A handful of states are reconsidering a certain brand of highway guardrails after investigations revealed they were harming drivers instead of protecting them.

Trinity Industries, the manufacturer of the highway guardrails, reportedly made a change to its design in 2005, one that allegedly can cause the guardrail to impale an impacting vehicle rather than curl out of its way. The New York Times reports that guardrails with this questionable design were installed "coast to coast" over at least seven years, prompting a rival company to sue under federal law.

How are states' responses and this federal lawsuit working to remove allegedly dangerous guardrails from the nation's highways?

Car Accidents: Can You Sue If You Didn't Wear a Seat Belt?

Wearing your seat belt isn’t just a good idea, safety-wise; it’s also generally required by law.

That being said, not everyone wears a seat belt all the time, whether because of forgetfulness or conscious choice. What happens when a person who is not wearing a seat belt is involved in an automobile accident and is injured?

Can you still sue if you weren’t wearing a seat belt? The short answer is yes, but it may be more difficult to recover the full amount of your damages in some states.

3 Ways to Get a Lawyer to Take Your Injury Case

Injury victims often complain that lawyers aren’t willing to take their cases. And while some attorneys may simply be too busy to take up your personal injury claim, there are a few things you can do to make yourself a more attractive client.

No, not more physically attractive (although dressing professionally couldn’t hurt). Rather, there are ways in which you can make your case more appealing to your prospective attorney.

Here are three good ways to make a lawyer more inclined to take your injury case:

Should You Sue Over a Slip-and-Fall in a Grocery Store?

Slip-and-fall accidents in grocery stores happen pretty frequently, but the victims often are unaware of their rights to sue.

Even under the stark, revealing light of grocery store fluorescents, many slip-and-fall victims are in the dark about a store's legal responsibility for slip-and-fall hazards. Luckily for consumers, we're offering some legal clarity -- for free!

If you slipped and fell in a grocery store, consider these points in deciding whether or not to sue:

If You're Injured in a Fight, Can You Sue?

Can you sue for being injured in a fight?

No matter how hard you may try to avoid it, there's always the chance that you may, at some point, be involved in a fight. And any time fists begin to fly, the odds that someone will be injured increase rapidly.

From black eyes to serious brain injuries, fights can lead to a whole host of injuries. But legally speaking, what can you do if you've suffered an injury from a physical confrontation? Here are a few points to consider:

Mich. Cops Sued for Shooting Dog During Raid on Wrong House

A pair of dog owners has filed a lawsuit against a Michigan Department of Corrections investigator after he allegedly shot the pair's 15-year-old dog while looking for a fugitive in the wrong house.

The investigator was one of a team of officers who raided the Flint home of Erica Morena and Katti Putnam earlier this year, reports the Detroit Free Press. The officers were looking for a fugitive -- who was actually in the house next door.

The investigator was in the home's backyard when Morena and Putnam's 15-year-old mixed breed dog Chloe came down the stairs and out the backdoor to do some investigating of her own. According to a neighbor who witnessed the shooting, the investigator then shot Chloe in the face.

Workers' Comp or Disability for Workplace Injuries?

When you’re injured on the job, keeping you from working, you may think that either workers’ comp or disability benefits will keep you afloat.

However, while both of these benefits cover times when an employee may be unable to work, there are significant differences between what each will cover and when you may be eligible.

So should employees seek worker’s compensation or disability benefits for workplace injuries? Here are a few things to consider:

To Sue for Food Poisoning, Do You Have to Be Hospitalized?

Food poisoning is a terrible way to end a meal, and for those who aren’t hospitalized after eating tainted food, it may seem like there’s no way to legally recover.

Responsibility for serving tainted food isn’t erased if the victim doesn’t seek medical help, and even if you never visited a hospital, you can potentially collect from food poisoning injuries.

Whether or not the victim goes to the hospital, how can one sue for food poisoning?

Is Your Fender-Bender Worth a Lawsuit?

If you drive with any regularity, the odds are good that at some point, you’ll be involved in some form of automobile accident.

And while accidents that result in serious injury or death frequently lead to accident injury lawsuits, what about an accident that may just be considered a fender bender? Although any instance in which another person’s negligence or recklessness has caused you property damage or injury may be grounds for a lawsuit, you may want to think twice before bringing a lawsuit for a relatively minor car accident.

When is a fender bender worth a lawsuit? Here are a few considerations:

When Is a Warning Defective?

Products that are improperly manufactured or designed in an unsafe manner can certainly lead to personal injury lawsuits.

But even a product that is manufactured and designed properly can be subject to a product liability lawsuit for a defective warning, if the manufacturer failed to adequately warn about foreseeable risks of harm posed by use of the product.

So when is a product warning considered defective?

5 Signs Your Bike Injury Is Lawsuit-Worthy

Although many consider biking to be a safer mode of transport than driving, bike accidents can and do result in serious injuries and sometimes even deaths.

Like injuries sustained in automobile accidents, damages from injuries suffered in a bike accident may be recovered through a personal injury lawsuit.

But how do you know when your bike accident is lawsuit-worthy? Here are five signs:

Workers' Comp or Lawsuit? 3 Considerations

If you've been injured at work, you'll probably need compensation. But do you accept workers' compensation or try to sue in civil court?

In most cases you cannot receive workers' comp and sue for your injuries, as workers' comp is intended to substitute for the kind of compensation an injured worker might receive in court. However, each work injury case is different, so it's important for employees to consider their options.

When contemplating whether to sue or collect workers comp, you may want to start with these three considerations: