Injured - The FindLaw Accident, Injury and Tort Law Blog

November 2014 Archives

Workers' Comp Benefits: How Injured Do I Have to Be?

Workers' compensation is the name given to state and federal programs under which workers who are injured on the job can recover for the costs associated with their injuries, including medical bills and lost wages.

To qualify for coverage under workers' compensation insurance, an injury must be work-related. These injuries can include both physical injuries, such as broken bones or carpal tunnel syndrome, as well as mental or emotional injuries such as depression.

But how serious does an injury have to be in order to qualify for workers' compensation benefits?

When Does a Bruised Knee Become a Lawsuit?

Thanks to human anatomy, your knees tend to be an easy place to bruise when you fall. Also called a patellar contusion by medical professionals, a bruised knee may initially seem like nothing.

But sometimes a bruised knee is the first sign of more serious medical problems following an accident. And regardless of the extent of your knee injury, you may be entitled to compensation.

So when is a bruised knee worth suing over?

Highway Accidents: When Should You Sue?

With the holiday travel season at hand, millions of Americans will be hitting highways. Unfortunately, some of them may be involved in an accident.

Not every car accident will result in a lawsuit. In many cases, vehicle damage and injuries may be covered by insurance claims. In some instances, however, a car accident lawsuit may be required to recover the full amount of your damages.

When should you sue following a highway accident?

Can You Sue If a Box Falls on You at a Store?

Shopping at a big box store can be exciting and cheap, but it’s all fun and games until a box falls on you.

Anyone who’s visited a warehouse store like Costco or Sam’s Club can attest that merchandise is packed almost from floor to ceiling, with incredibly heavy items like patio furniture and crates of bulk-rate oatmeal perched high above consumers. It doesn’t take much imagination to sketch a scenario in which a box falls and injures a hapless shopper.

So when that shopper happens to be you, can you sue?

When Can You Sue a Restaurant for Food Poisoning?

Coming down with a case of food poisoning is certainly an unpleasant experience. But is an unpleasant experience enough for a lawsuit?

In some cases, food poisoning can not only lead to a lawsuit, but may lead to a significant recovery. For example, the family of an Australian girl who suffered food poisoning at a KFC restaurant was awarded $8.3 million in a lawsuit against the chain.

So when can you sue a restaurant for food poisoning? Here’s what you need to know:

Man Loses Legs in Botched Weight-Loss Surgery; Sues for $10M

A Texas man who lost both of his legs after a botched weight-loss surgery is now seeking millions of dollars in damages.

Carlos Saucedo, who weighed 275 pounds in 2013, went under the knife for a gastric sleeve procedure hoping to lose weight. But according to Dallas-Fort Worth's WFAA-TV, when Saucedo woke up some two weeks later, he lost more than just a few pounds -- his two legs had to be amputated at the knee.

What happened to Saucedo, and how might his doctors be held liable?

Can You Get Workers' Comp for PTSD?

Post Traumatic Stress Disorder (PTSD) affects many working Americans, and in many cases, workers’ comp can potentially cover their symptoms.

According to the Nebraska Department of Veterans Affairs, an estimated 7.8 percent of Americans will experience PTSD in their lifetimes, which can stand in direct opposition to earning a living wage. The workers’ compensation system is designed to accommodate persons with PTSD, which can affect individuals in various ways.

So how can you get workers’ comp for your PTSD? Here’s a general overview:

5 Bad Winter Driving Habits That Can Lead to Injuries, Lawsuits

With fall's wet weather turning to winter snow and ice in many parts of the country, drivers are (hopefully) driving a bit more cautiously.

After all, failing to match your driving habits to inclement weather conditions may place you at fault for an accident, potentially leading to liability for damages or injuries. Unsafe driving in wintry weather can also impact your ability to recover for your own damages.

What are some of the worst winter driving habits that can come back to haunt you in the event of a car accident or injury lawsuit? Here are five:

GM Extends Deadline for Ignition Switch Injury Claims

General Motors has extended the deadline to file claims for injuries or deaths caused by faulty ignition switches in the carmaker's vehicles.

The deadline was extended from December 31, 2014 to January 31, 2015 by Kenneth Feinberg, the compensation program's administrator, reports Reuters. Notice of the extension was mailed to 4.5 million current and former owners of vehicles eligible for the program.

What led to the extension and what should owners of GM vehicles known about the compensation claim program?

Injured in Another State? What Are Your Legal Options?

You may be outside your home state for a number of reasons: vacation, seeing family over the holidays, work trips, etc. But you probably won’t know what your legal options are if you’re injured while visiting another state.

Odds are that you’ll be able to sue for your injuries, but there may be some twists as to how and where you’ll be able to file suit.

So what can happen if you get injured in another state?

Injured at a Sporting Event: Can You Sue?

When it comes to major sporting events like NASCAR races or college football games, it’s not just the players on the field who are at risk of injury. Spectators may also suffer sometimes serious injuries at major sporting events.

Last year, for example, 28 people were injured at a NASCAR race at Daytona International Speedway when pieces of a car involved in crash flew into the stands. Sporting event-related injuries can sometimes be fatal, such as the man who fell to his death from an elevated walkway during a San Francisco 49ers game last season.

Spectators injured at sporting events can potentially file a personal injury lawsuit to recover for their injuries, but there are several important issues to consider when it comes to sporting even injury lawsuits.

Colo. Fracking Site Explosion Leaves 1 Dead, 2 Injured

An explosion at a Colorado fracking site has left one Halliburton employee dead and two seriously injured.

According to the Los Angeles Times, on Thursday, a frozen pipe burst at the site near Fort Lupton, Colorado, as workers were attempting to warm it. Of the three reported casualties of the explosion, one died at the scene, while two others were hospitalized and are "expected to survive."

How might this explosion have happened, and who could potentially be held liable?

Injured at a Concert: Is It Worth a Lawsuit?

Concerts generally provide a safe environment where attendees can have a good time and see (and hear) some great music.

Unfortunately, attending a concert can also sometimes result in an injury. Though these injuries are typically minor, concert injuries can also be severe, such as the Alabama man who suffered a debilitating brain injury at a Kid Rock concert last year after being attacked by another concertgoer.

In that case, the man and his family filed a $150 million lawsuit against the venue and the concert’s promoters. How can you determine whether your concert injury is worth filing a personal injury lawsuit? Here are a few considerations:

3 Common Medical Mistakes That Can Lead to Malpractice Lawsuits

Patients may think that common medical mistakes are just that — innocuous goof-ups. What they may not really is that these three common types of medical mistakes are actually medical malpractice, and victims are entitled to sue for these errors. And as NPR has reported, these errors are the “third-leading cause of death in America.”

So what are these three common mistakes, and how can victims sue to recover from medical malpractice?

Cheerleaders Sue Ex-Calif. Mayor Over Alleged DUI Crash Injuries

The former mayor of a Southern California city is being sued for an alleged DUI crash that injured four high school cheerleaders.

Alan Long was still mayor of Murrieta when the accident occurred last month, reports KTLA-TV. Though he stepped down following the crash and his arrest for felony DUI at the scene, he was subsequently re-elected to a second term on the Murrieta City Council in the November election.

In addition to being charged with DUI, Long is now facing potential civil liability for the injuries sustained by the four high school cheerleaders in the car Long allegedly crashed into while intoxicated.

Can You Get Workers' Comp for Depression?

You may think that you can only get workers’ comp when you’ve been physically injured, but depression is often a viable way to obtain benefits.

Workers’ comp generally covers work-related injuries, which can include mental injuries like depression and anxiety. Eligible depression sufferers may be able to claim that their employment has either caused their depressive state or possibly aggravated a pre-existing condition.

For many workers, explaining their depression to receive worker’s comp may be difficult, but remember these legal points:

5 Things a Car Accident Lawyer Needs to Know About Your Case

If you are injured in a car accident, consulting with an attorney who handles car accident injury lawsuits may be the best way to ensure that you are compensated for your injuries and other financial losses caused by the crash.

In order to help you, however, an attorney will first need you to help him understand the facts surrounding your accident and your injuries. An attorney may know the law, but can only apply the law once he knows the key details of your particular case.

What will an attorney need to know in order to proceed with your injury claim? Here are five things:

Slip-and-Fall on an Icy Sidewalk: Can You Sue?

Icy sidewalks routinely become an increasing threat as winter closes its icy grip on the fading days of fall. And while it may be possible for some to stay inside their homes until the thaw, the average person is likely to slip and fall on an icy patch on a sidewalk, possibly causing serious injury.

While you may think of sidewalks as a part of a city or local government’s responsibility, private property owners may actually be the ones responsible for your frozen misstep.

So can you sue over slip-and-fall injuries on icy sidewalks?

Can You Sue If You're Hit by a Delivery Truck?

When a delivery truck slams into you, you may be wondering how you can legally recover.

You might be thinking, “The driver doesn’t have the money to pay for my injuries or damage to my car, so how can I possibly sue?” And since delivery drivers may be skittish about revealing their employer’s identity, how can you go after the party with bigger pockets?

Take heart, here are some potential ways you can sue if you’re hit by a delivery truck:

GM Recall: Do You Need a Lawyer?

Automaker General Motors continues to deal with a major recall of more than two million vehicles that may be equipped with a defective ignition switch.

Nine months after the recall was issued, almost half of the recalled vehicles have yet to be repaired, reports The New York Times. Most recently, GM began offering $25 gift cards to vehicle owners who bring their cars in for recall repairs. But in the meantime, the death toll from accidents caused by the defective switches continues to rise. So far, at least 30 deaths have been linked to the defect with hundreds more injuries being reported.

If you are the owner of a car that is affected by this recall, do you need a lawyer?

Can You Sue for Injuries in Jail or Prison?

If you're injured while incarcerated in prison or jail, can you still sue for your injuries?

There are remedies in both state and federal courts for injuries incurred by inmates, but depending on the cause of the injury, you may be confined to certain legal avenues.

Consider the following ways in which an inmate can sue for injuries in jail or prison:

$1M Settlement for NYPD False Arrest Stroke Victim

The City of New York has agreed to pay close to $1 million to a man who suffered a stroke after being falsely arrested by the NYPD.

According to Gerardo Mayol's $540 million lawsuit against the city, New York Police Department officers allegedly mocked him after his arrest in a landlord-tenant dispute and even "refused to take him to a hospital when he became ill." The New York Post reports that doctors later determined that Mayol had suffered a stroke; he spent 20 days in the hospital because of his injuries.

How does this settlement resolve Mayol's complaints with the City of New York?

Can You Get Workers' Comp for a Car Accident?

When you think of a worker's compensation claim, you likely think of someone injured by machinery or a worker who may have been hurt in a fall.

But what about a worker who was involved in a car accident? Although it might not fit the bill of the stereotypical workers' comp injury, an injury caused by a car accident may in certain circumstances be eligible for workers' compensation coverage.

When will a car accident injury qualify for workers' compensation benefits? Here are a few things to consider:

Can You Sue for Injury Without a Police Report?

Police reports can be fantastic summaries of the circumstances of your injury, but you can sue without one.

There are a number of different reasons you may not have a police report: Perhaps you didn't report a crime, you didn't follow administrative procedures to obtain one, or maybe one was never generated. Regardless, you don't need a police report in order to make your injury case.

Here are three things you should know about suing for injury without a police report:

For Seniors, Serious, Fatal Falls Are On the Rise

A fall can cause injury to anyone, but for senior citizens, falls are becoming increasing fatal.

The number of those over the age of 65 who died after a fall has increased sharply in recent years, reports The New York Times. And as Americans live longer, the numbers of seniors affected by serious or fatal falls is likely to continue increasing in coming years.

What should you know about seniors and potentially fatal injuries caused by falls? Here are five things to keep in mind: