Injured - The FindLaw Accident, Injury and Tort Law Blog

July 2015 Archives

Anti-aging treatments are often too good to be true. This seems to be the case with many low testosterone treatments for men.

In recent years, the safety of so-called low-T treatments, including Androgel, has been called into question, and many, many men have filed testosterone therapy lawsuits. So where do these lawsuits stand today, and what do you need to know?

Just about every criminal and civil case has a time limit — a statute of limitations that creates a deadline for filing a case. But there’s no statute of limitations for murder cases, so would the same be true for wrongful death claims?

While wrongful death claims are still subject to statutes of limitation, it turns out there are some unique considerations when it comes to applying time limits to wrongful death lawsuits.

Many types of employment involve close interactions with customers. People with a cold, the flu, or something worse may wander into our offices or businesses, putting healthy employees at risk.

So if you catch an illness from a customer, is your boss liable?

Many children who have a limited attention span have been diagnosed with attention deficit disorder (ADD), and if their disorder includes impulsiveness or hyperactivity, they may be diagnosed with attention deficit hyperactivity disorder (ADHD). Both ADD and ADHD can have severe impacts on a child’s ability to learn, as well as an adult’s ability to work.

Disability insurance is designed to compensate someone if they are disabled and unable to work. But does ADD or ADHD qualify as a disability?

Playground Injuries: Can I Sue?

As every parent knows, kids are accident prone. Each time your child leaves a playground without a broken bone or a scraped knee, you can count it as a victory. But sometimes accidents are bound to happen.

Playgrounds might seem like innocent symbols of childhood, but the potential for injuries are great. From minor scrapes and bruises to painful cuts and bone breaks, more than 200,000 children are treated for playground-related injuries each year.

If your child is injured on the playground, can you sue?

The last thing you want to malfunction is your gun.

Imagine that hunk of metal exploding in your hands at about eye level, blasting shrapnel and bullets near your hands, arms, and face. Guns can malfunction in many ways. Often, the malfunction is a simple misfire. The trigger is pulled and nothing happens. Other times, the malfunction could be catastrophic.

Here are three common dangerous gun malfunctions to watch out for:

An instructor and an 11-year-old boy were killed in a hang gliding crash near Jean, Nevada last March. A subsequent investigation revealed that the instructor did not have the proper permits to be flying in that location, and his business wasn’t licensed in the counties in which it was operating.

So who regulates hang gliding companies, and who is liable in a hang glider accident?

Sometimes, getting compensation for your injuries can be as easy as writing a strong and convincing demand letter.

Here are some tips to help you write a powerful personal injury demand letter:

If you’re at fault in a car accident, you’re liable for your damages. Simple.

This straightforward issue of liability can become complicated if, at the time of the accident, you were on the clock working, or you were driving the company car.

Is your employer ever liable for your car accidents?

Trending Disability Insurance Legal Questions From FindLaw Answers

You've got questions ... we've got answers. If you have not yet asked or answered a question in FindLaw's Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here's a look at some recent questions relating to disability insurance from our FindLaw Answers boards:

Abusive head trauma, also known as shaken baby syndrome, is a term that no parent ever wants to hear.

Usually, when a doctor utters those words, a baby is dead or dying, and a parent is going to go to jail on charges of child abuse or murder. For years, doctors were quick to diagnose a baby with shaken baby syndrome, but now the evidence may be too inconclusive to tell for sure.

With so many people working in offices and industries that require repetitive manual labor, the phrase carpal tunnel syndrome has almost become shorthand for work-related hand injuries. And data from the National Institute for Occupational Safety and Health seems to show a correlation between jobs that involve repetitive manual activity and/or certain wrist postures and incidents carpal tunnel.

Carpal tunnel syndrome (CTS) can be painful and even lead to atrophied muscles in the hand. And if CTS causes too much pain or muscle degeneration, can you get disability benefits?

What if you could no longer listen to your favorite songs or wake up to the bird chirping outside? There are a million reasons we cherish our hearing and it’s understandable why we would be upset if our hearing was lost or damaged.

Being upset, however, doesn’t always make for a valid legal claim. So when can you sue for hearing damage or loss? That will generally depend on how and where you were injured.

Can You Sue for a Misdiagnosis?

Every year, 12 million adults in the United States are misdiagnosed by doctors. That’s 1 in 20 patients.

In a recent shocking case, Dr. Farid Fata plead guilty to misdiagnosing health patients with cancer. He tortured more than 500 patients with unnecessary chemotherapy treatments and took millions of dollars from the government in false Medicare claims. A few of his patients even died.

If a doctor misdiagnosed you, can you sue?

A new lawsuit claims that California's failure to regulate the fracking operations in the state has disproportionately endangered the health of Latino children. Rodrigo Romo has sued Governor Jerry Brown and California's Division of Oil, Gas & Geothermal Resources, seeking to invalidate recent fracking legislation and bar current fracking operations.

Romo's claims center on the proximity of fracking wells to schools -- specifically the school his daughters attend, Sequoia Elementary School, which sits just half a mile from three wells.

What’s your worst nightmare? Mine is getting stuck in an elevator.

There’s a slight twinge of fear every time I step in an elevator. The fear grows when more than three people enter it with me. When the doors don’t open right away when the elevator reaches my level, the fear turns into momentary panic. Don’t laugh. Getting stuck or injured in an elevator is not as rare as you would think!

If you ever get stuck in an elevator, can you sue?

In April, Pepsi announced it would remove aspartame from its formula for Diet Pepsi, which led many to wonder if the move was due to health risks associated with the artificial sweetener. But Pepsi also said Diet Pepsi with aspartame would remain available online, and Diet Coke will continue using aspartame.

So, are aspartame and other natural sweeteners dangerous to consumers? Or is Pepsi just bowing to Internet rumors and public (mis)perception?

True story: I once slaughtered a deer with a rented Toyota Yaris in the middle of Florida's Ocala National Forest. The car was effectively totaled -- front caved in, airbags deployed -- it was barely drivable. The friendly sheriff's officer who finally spotted me said the same thing everyone else does when I start this story: "I hope you got the insurance." I had not.

Lucky for me, I rented the car with a credit card, and many credit card companies (mine included) offer insurance on card purchases, including rental cars. So what does credit card insurance cover when it comes to rental cars? And how do you make sure you're covered?

Can I Keep a Totaled Car?

How attached are you to your car?

After a car accident, you call your insurance company. Most of the time, the insurance company will pay to fix your car. However, if the cost of repair is too high, it might declare your car a total loss.

Can you keep a car that has been totaled?

Let’s face it, prisons aren’t exactly sterile environments. And some states (e.g. California) are just regaining control of health care in correctional facilities after federal authorities had to take over because of allegations of substandard care.

Therefore, getting sick in prison is a distinct possibility, especially if you have a previous condition like diabetes or heart disease. So if you get sick in prison, or if your condition worsens due to prison conditions, can you sue for damages?

[UPDATE: After this post was published, Eric Garner's family accepted a $5.9 million settlement from New York City.]

The widow of Eric Garner, the Staten Island man choked to death by NYPD officers last year, has rejected an offer of $5 million to settle a potential wrongful death lawsuit. Despite urging from the family's attorney to accept the money, Esaw Garner declined the offer and the family has indicated it intends to sue the city instead, for $75 million.

Although a coroner declared Garner's death a homicide, a grand jury decided not to bring criminal charges against Daniel Pantaleo, the officer who applied the fatal chokehold.

According to the Center for Disease Control and Prevention, bicyclists face a higher risk of crash-related injury and deaths than occupants of motor vehicles. The National Highway Traffic Safety Administration reported that over 700 bicyclists were killed in crashes with cars in 2013.

With the risk of accidents so high, you can expect to get into an accident at least once during your bicycling career. Here are seven steps to take immediately after a bicycling accident:

You've filed a personal injury claim, and now you have a deposition coming up. Are you ready?

During the discovery process of a lawsuit, both sides try to get as much information as possible about the case. One of the ways to do this is to interview witnesses and parties in a deposition. In a deposition, one side's attorney will as the deponent (you) a series of questions. You are under oath to answer truthfully.

While depositions may seem daunting, they don't have to be. Here are five tips to remember during your deposition:

Movie buffs can barely contain their excitement for the upcoming all-female "Ghostbusters" reboot. Turns out law enforcement officials in Boston might be thankful for the film as well.

A woman who was shoved to the street in Boston on Wednesday passed away yesterday, and officers think they found the person responsible, thanks to a cameraman working on the movie.

We all like to have a good time, and for the most part we can tell when a good time will turn into a not-so-good time. But what about when we can’t?

We’d all like to think we know best when it comes to drinking, and we can be responsible for our own buzz. But if we’re too far gone to know when we should stop drinking, is it a bar’s responsibility to cut us off? And if they don’t, can they be held responsible if we get injured?

Most workplace injuries truly are accidents. You smashed your hand in the heavy machinery. Your chair collapsed under you. You slipped on water in the kitchen. However, a less recognized source of injury could be your fellow coworkers or even customers.

According to the Occupational Safety & Health Administration, “nearly 2 million employees are victims of workplace violence each year.” If you were hurt by another person in an attack or assault at work, can you get workers’ compensation?

Who Can Sue for Wrongful Death?

When a loved one is killed by the intentional or negligent actions of another, a criminal conviction may bring justice. However, sending the defendant to jail won't cover the loss of a family member's care and support.

To receive civil compensation, victims' surviving family members can file wrongful death lawsuits. Normally, the person who is injured would sue for damages. However, in a wrongful death lawsuit, the victim obviously isn't in a position to bring a lawsuit.

So, who can sue for wrongful death?

Trending Personal Injury Questions From FindLaw Answers

You've got questions ... we've got answers. If you have not yet asked or answered a question in FindLaw's Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here's a look at some recent questions relating to injuries and accidents from our FindLaw Answers boards:

The news hit the Internet like a Grande Caramel Ribbon Crunch Creme Frappuccino Blended Creme: Starbucks is now offering its cold brewed coffee nationwide. (And they’re also raising their prices again, even though the cost of raw coffee beans is dropping.)

This will be welcome news to some who have been burned, literally, by hot coffee in the past. With more chill options available this summer, let’s reminisce on some of the most (in)famous hot coffee lawsuits:

You have been in a car accident. It may have been your fault, but you were injured too.

Does this mean you can’t get any compensation for your injuries? What if the other driver was also partially at fault?

Tragically, stories of nursing home abuse aren’t as rare as we would like them to be. And in many cases, the abuse occurs for far too long before it is ever discovered.

Anyone with a loved one in a nursing home should be aware of the signs of elder abuse, and know how to spot nursing home abuse early.

A Fourth of July celebration without fireworks is practically unpatriotic. However, many Americans are so eager to express their love of country, they completely ignore basic safety precautions when handling fireworks.

Every year thousands of people injure themselves. Some people suffer severe burns or lose limbs and testicles. One man even blew off his own head.

If you’re injured by fireworks this July 4th, can you sue?

You’re on the floor, not breathing. You are dead.

Suddenly, a Good Samaritan runs up and performs CPR. Sure, he breaks a couple ribs, but you start breathing again. Paramedics arrive and rush you to the hospital.

It’s a fact that broken ribs can result from CPR. If this occurs, can you sue to recover for your injuries?