Injured - The FindLaw Accident, Injury and Tort Law Blog

December 2017 Archives

We rely on pharmaceutical drug companies to make safe products to keep or make us healthy. But all drugs come with side effects, so we also rely on those companies to warn us about those effects, and on doctors to only prescribe drugs in a safe manner. And, as the past year has proven, that doesn't always happen and the results can be disastrous.

Here are the major drug lawsuits from 2017:

Well yeah, right? Of course you want an attorney with trial experience. But when it comes to personal injury attorneys, trial experience isn't everything, especially when it's the wrong kind of experience.

There are a lot of reasons to hire a lawyer, and trial experience can be one of them. So find out how to assess that experience before hiring your personal injury attorney.

Yesterday morning, an Amtrak commuter train left the track south of Seattle and sent cars plummeting off an overpass onto I-5, killing three and injuring dozens more. Early reports indicate that the train, making its first run on a new route, may have been traveling over 80 miles per hour a quarter mile before the crash site, where the speed limits drops from 79 mph to 30 mph to accommodate a curve in the track.

If it turns out the engineer failed to obey the posted speed limit, what kind of liability would Amtrak be looking at?

Last year, news broke that Wells Fargo salespeople had been setting up fraudulent accounts for customers for years in order to meet sales quotas, and charging customers fees on those accounts as well. The victims included small businesses as well as individuals, and employees even sued the bank over the fraud.

On top of that, a new lawsuit claims that Wells Fargo used "predatory and unlawful practices" to defraud members of the Navajo Nation, to the tune of $50 million. "Under intense pressure from superiors to grow sales figures," the suit claims, "Wells Fargo employees lied to Navajo consumers, telling elderly Navajo citizens who did not speak English that in order to have their checks cashed they needed to sign up for savings accounts they neither needed nor understood."

If you have a job, chances are you have workers' compensation insurance. While state workers' comp laws can vary concerning who is covered, those distinctions are normally based on the kind of job you have, not your immigration status.

But a couple states have passed laws saying undocumented immigrants are not entitled to workers' compensation benefits. The Ohio House recently passed a bill barring workers' comp benefits for "illegal aliens," though the bill has a long way to go before becoming law.

Xarelto, the brand name of blood thinning medication rivaroxaban, can help treat and prevent dangerous blood clots in patients undergoing hip and knee replacement surgeries. An unfortunate side effect of Xarelto is an increased risk of internal or external bleeding.

A serious of lawsuits (some 20,000 in all) have been filed against the makers of Xarelto -- Johnson and Johnson and Bayer AG -- claiming the companies failed to warn consumers of the bleeding risks. And in the first verdict to go against J&J and Bayer in those cases, a Philadelphia jury awarded a woman $28 million in damages.

The fires that ravaging Northern California were barely snuffed out when Southern California was set ablaze last week. Wildfires in Los Angeles, Ventura, and San Diego Counties have burned over 150,000 acres, along with countless homes, and President Trump just approved a California disaster declaration and put the Department of Homeland Security and the Federal Emergency Management Agency in charge of disaster relief efforts in the state.

But what are homeowners left to do if their homes have been damaged by the wildfires? Here's a look.

Lawsuits can be one way of holding companies responsible for making defective products. But settlements of those lawsuits have a way of hiding the true extent of injuries caused by a poorly designed or malfunctioning device.

Take, for example, Savage Arms' stainless steel 10 ML-II muzzleloader rifle. The company is facing another lawsuit over the rifle's tendency to explode, and while it has settled a few previous lawsuits, the actual number of hunters injured by the rifle ranges from a few dozen to possibly hundreds of victims.

Drones; when they're not helping us break out of prison or roasting our Thanksgiving turkeys with a flamethrower, they're falling on our heads. Lucky for us, mega-retailer Amazon has come up with a solution to falling drones: exploding drones.

Yes, in anticipation of the company rolling out delivery drones to your rooftop like Isaac Asimov's version of Santa Claus, Amazon has been granted a patent on technology that will allow its drones to self-destruct in mid-air in an effort to preserve life on the ground. So, like Santa, the drone will disappear, leaving your presents falling blissfully to the earth.

After the appalling accusations levied at elder care facilities in Florida and California in the face of natural disasters, people are justifiably a little more worried about how their elder relatives are being cared for. What constitutes elder abuse? How do we know when it's happening? And how can we deal with elder or nursing home abuse when it happens?

Here are three legal tips when it comes to identifying and responding to elder abuse, from our archives: