Injured - The FindLaw Accident, Injury and Tort Law Blog

April 2014 Archives

J&J Halts Fibroid Surgery Device Sales Over Cancer Fears

Johnson & Johnson has stopped sales of its fibroid surgery device over concerns that its use may spread undetected cancer.

J&J's power morcellators, which have been used in laparoscopic surgery to remove uterine fibroids, have been suspended from sales worldwide, Reuters reports.

What are these devices, and why would they present a cancer risk?

After Pelvic Mesh Lawsuits, FDA Seeks Stricter Rules

An avalanche of pelvic mesh suits has prompted the FDA to seek stricter safety rules for makers of the problematic implants.

Pelvic mesh, also known as transvaginal mesh, has been used for more than 15 years to repair patients' pelvic walls in cases of pelvic organ prolapse -- where organs slip through the pelvic wall and into the vagina. This condition can occur in older women and post-pregnancy, and it can lead to "embarrassing bladder leaks," reports The Associated Press.

Do these new FDA rules mean the end of pelvic mesh implants?

5 Things to Look for on a Disability Lawyer's Website

Finding a disability lawyer online means looking at a lot of lawyer websites. But with so much on your mind already, it's easy to miss little details about your new potential attorney.

Here are five things not to miss when scoping out a prospective disability attorney's website:

Paralyzed Teen's $3.5M Settlement: Why Won't Fla. Pay?

Jacksonville, Florida officials have agreed to pay a paralyzed teen $3.5 million for his injuries, but have only been allowed to pay $200,000 of the settlement money.

The teen was paralyzed after a large tree branch from a city-owned tree fell on him. Although the Jacksonville, Florida government has agreed to pay the full settlement amount, the Florida legislature won't approve the rest of the payment, according to The Associated Press.

So why won't Florida pay?

Texas Family Wins $3M Fracking-Pollution Lawsuit

A Texas family has won a $2.96 million fracking-pollution lawsuit that's believed to be the first jury verdict of its kind in the United States.

Robert and Lisa Parr own a ranch near the north Texas town of Decatur, a 40-acre parcel that had allegedly been polluted by Aruba Petroleum Inc.'s nearby fracking and drilling activities, reports the Los Angeles Times. Deleterious health effects forced the Parrs out of their ranch home and into the back of Robert's business office -- 30 miles east.

Will this set a precedent for future fracking-related lawsuits?

5 Signs You May Need a Car Accident Lawyer

For minor fender benders, hiring a lawyer may be unnecessary. However, for more serious cases where a lawsuit is imminent, you may need a car accident attorney.

Attorneys can help you recover money for damaged property, medical expenses, or collect evidence that could mitigate your liability.

Here are five signs you may need a car accident lawyer.

What Is Proximate Cause?

Proximate cause is an important element in negligence lawsuits, but it can also be a requirement in other types of legal actions, like getting restitution under federal law.

Generally, proximate cause refers to actions that are reasonably foreseeable to lead to the injuries suffered by a plaintiff.

So what does proximate cause actually mean?

Can a Car's 'Black Box' Data Be Used in Court?

While "black boxes" are most commonly associated with airplanes, you might be surprised to know that most recent car models have a "black box" installed as an event data recorder.

This "black box" is typically used by car companies to assess the performance of their vehicles, but the data that's collected on the boxes may also assist police and insurance companies investigate crashes.

So can "black box" data be used in a car accident lawsuit?

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

What can a disability lawyer do for you that you can't do on your own? Let us count the ways.

When your disability claim has been rejected and you're drowning in medical bills, of if you're just confused about the entire process, you'll want to hire a qualified disability attorney to help you sort out your claims.

Not convinced you need help? Here are five things your disability attorney can do that you (probably) can't:

Jockey's Family Wins $7.8M for Racetrack Death

A jockey's family has been awarded $7.8 million in a lawsuit against a racetrack in Pennsylvania where the jockey died nearly four years ago.

Mario Calderon, the jockey, died after being dragged and repeatedly kicked by the horse he was exercising. Calderon also suffered broken ribs and a bleed on his brain, according to Philadelphia's KYW-TV.

Calderon's family sued the racetrack for allegedly creating an unsafe working environment which caused his death.

What Proof Do You Need for a Disability Insurance Claim?

When filing a disability insurance claim, claimants will need to provide proof of their medical conditions.

Depending on your disability insurance policy, the required proof can include things like a doctor's letter and records from the agency that provides the disability benefits.

So here's a rundown of the claim filing process and how to provide proof of disability:

Is Your Personal Injury Damage Award Excessive?

When juries award multimillion-dollar sums to injured persons, it may seem like a win. But often these awards can be overturned for being excessive.

What does it mean for a personal injury damage award to be excessive? Here's a general legal overview:

Las Vegas Comedian Wins $1.3M Casino Injury Suit

It's no joke: Comedian George Wallace has been awarded $1.3 million in damages after a 2007 fall at the Bellagio resort in Las Vegas.

Wallace showed he had a sense of humor while winning the jury trial, announcing when he would be closing his show at the Flamingo, reports the Las Vegas Sun.

What kind of damages was Wallace seeking from the casino?

5 Questions to Ask a Disability Lawyer

Disability insurance claims can be complex and are frequently denied (at least initially). A lawyer can help guide you through the process and make it less confusing.

Because disability can be a very personal matter, it’s important to choose an experienced disability attorney who fits your needs and is experienced in that area of law. Thankfully, many offer free consultations.

After you scope out a potential attorney (or two), you’ll want to find out some basic information about the lawyer and about your claim. Here are five questions to ask a disability lawyer:

FedEx Truck Crashes Into Bus in Calif.; 10 Killed

A FedEx truck crashed into a tour bus Thursday, killing 10 people and injuring 34 others.

The fiery crash occurred on Interstate 5 near Orland, California, about 100 miles north of Sacramento. The California Highway Patrol and National Transportation Safety Board are now trying to determine what caused the FedEx tractor trailer to cross the median and collide with a bus full of high school students, reports The Sacramento Bee.

As the details of the FedEx truck crash unfold, many legal questions will need to be answered.

Parents of Autistic Kids Sue Disney Over Policy

Sixteen families with autistic kids are suing Disney over alleged Americans with Disabilities Act (ADA) violations.

The families claim that the park doesn't provide adequate access, after Disney stopped offering "guest assistance cards" to autistic visitors. The "guest assistance cards" allowed the visitors to bypass lines, according to Reuters.

The program was called in question after Disney discovered that people were finding ways to cheat the system.

How to Prove Distracted Driving Caused a Crash

Distracted driving car accidents are common occurrences, but when it comes to suing the driver for your injuries, you may need to provide evidence that the driver wasn’t paying attention to the road.

Beyond texting while driving, distracted driving can include things like applying makeup, eating while driving, or driving with pets in your lap. So how can you show that another driver was distracted at the time of your accident?

Here are five potential ways to prove that distracted driving caused a crash:

DUI Strip Search Settlement Costs County $355K

LaSalle County, Illinois, has agreed to pay $355,000 to settle a lawsuit that arose after a female inmate was strip-searched following a DUI arrest.

Dana Holmes sued the county for violating her civil rights and causing her emotional distress after her forcible strip search at the jailhouse was caught by surveillance cameras, reports the Chicago Tribune.

Five other plaintiffs who say they experienced similarly questionable strip searches at the hands of LaSalle County Sheriff's deputies also joined the lawsuit and will share in the payout.

5 Reasons Disability Insurance Claims Are Denied

Disability insurance can be your safety net when serious medical problems hit, and it can be devastating to have those insurance claims denied.

If this has happened to you, don't lose hope just yet. After you figure out why your disability claim was denied, you may be able to make corrections and resubmit your claim, or you may have a good case for an appeal.

Here are five common reasons disability insurance claims are denied, and some thoughts on what you may be able to do next:

Personal Trainer Sues NYC Over Rock-Climbing Injury

A personal trainer is suing New York City for injuries he sustained when he attempted to climb a large rock in the city's Hudson River Park.

Jonathan Stock, 32, of Brooklyn, says he ruptured his Achilles tendon after he fell from the boulder in June, according to the New York Post.

Stock is suing both New York City and the Hudson River Trust. His argument: There should've been a sign to prohibit people from rock climbing.

Gay Couple Sues Over Engagement Pic in Political Ad

A gay couple from New Jersey has sued a political group that used their engagement photo in an anti-gay attack ad in Colorado. But so far, the result in the courts has been mixed.

A federal judge has dismissed part of the couple's case against Public Advocate of the United States, a Virginia-based company that created a mailer against a Colorado political candidate using a doctored version of their engagement photo, reports The Denver Post.

Why did the couple have part of their case dismissed, and what can they do now?

What Is Disability Insurance? 3 Basic Questions

If you're unable to work because of an injury or a debilitating illness, you may be wondering what disability insurance is and whether you're covered by it.

The answer can depend on many factors including the type of injury you suffered, where the injury occurred, and what type of disability insurance you or your employer may have.

For a general overview of how disability insurance works, here are three frequently asked questions about disability insurance:

Fewer Fake Crashes in Fla. After PIP Reform

Two years after Florida reformed its personal injury protection (PIP) law, the state has seen fewer fake or staged car crashes.

Claims for PIP claims fell from 712 in 2012 to 328 last year. Additionally, questionable PIP claims filed in the Sunshine State dropped nearly eight percent in a year, according to the South Florida Sun-Sentinel.

So let's take a look at how PIP coverage works and what reforms were made in Florida.

Top 10 Tips for Distracted Driving Awareness Month

The National Safety Council has designated April as Distracted Driving Awareness Month.

According to the Council, thousands of people die each year in crashes caused by cell phone use while driving. But phone calls and text messages aren't the only distractions drivers should try to avoid while behind the wheel.

Here are 10 tips and facts to keep in mind for Distracted Driving Awareness Month:

If You're Injured at the Gym, Can You Sue?

Injuries at the gym are fairly common. Whether it's pulling a muscle from doing too many reps or slipping in the locker because an overflowing shower made the floor wet, you may be wondering if your gym membership allows you to recover damages.

So can you sue your gym if you're injured on the premises? Here are a few factors to consider before you file a lawsuit: