Injured - The FindLaw Accident, Injury and Tort Law Blog

March 2017 Archives

Technically, the law permits a child to sue their parents as a result of child abuse. There are no special rules preventing this type of lawsuit. However, what a child considers to be abuse may not actually be legally considered abuse.

Parents are generally permitted to punish their children, which can include depriving children of luxuries such as video games, computers, internet access, a car, dating, seeing friends, or even dessert. A parent can make a child sit in the corner, go to their room, do chores, or worse, babysit their siblings. Depending on the manner in which it is done, even corporal punishment or spankings can be okay in the eyes of the law (so long as they are not excessive) .

When it comes to evaluating the value of any injury case, most people understand that bigger injuries correlate to bigger settlements. When it comes to dog bites and animal attacks, the owners will usually be held liable, barring extraordinary circumstances.

Not all animal bite cases will be severe injuries, or equate to large monetary damages. Typically, larger monetary awards occur if an animal attack leaves visible scarring, requires surgery extended medical care, or results in the need for mental health therapy, such as PTSD counseling.

Any surgery can be dangerous. First, a medical condition that necessitates surgery is generally a serious one. And even mild anesthesia carries risks. After that, a surgeon has to successfully complete the procedure, and then there's closing the wound up and recovery. That's a lot of things that can go wrong, causing serious and even life-threatening injuries.

Here are seven of the most common surgical errors that can lead to patient injuries, and when you might have a case for medical malpractice.

The first part in the legal saga related to the Flint water crisis has settled for close to $100 million. However, that money isn’t going to the residents’ bank accounts. Instead, it’s going toward new plumbing in nearly 20,000 homes, and for continued monitoring, testing, and maintenance. About a third of the money is actually coming from the federal government, with the rest coming from the state.

There is a separate class action being brought on behalf of the residents that have suffered injuries, or other damages, which is currently ongoing. As part of this settlement however, the residents are assured an eventual end to the nightmare. While the settlement allows the city up to three years to complete the work, they may be off the hook for distributing free bottled water as early as this fall.

Fortunately for the employee-victim of a senseless workplace attack meted out by his boss, a New York court of appeals has affirmed that the victim can seek damages directly against the boss. The case involves a New York golf club's employee, who was senselessly, and for no reason, hit in the groin by his boss with a golf club while at work. While the boss maintains that contact was minimal, it is also alleged he just laughed and walked away afterwards.

As a result of the blow, the employee had to have a testicle surgically removed. Clearly, this sort of conduct is beyond fathom. However, seemingly adding on to the unfathomability of the situation, the injured worker's boss, whom the victim is seeking to hold individually liable, was actually trying to argue that workers' compensation should be the only exclusive legal remedy. The courts did not agree.

Proving that one false step can change the rest of your life, a Pennsylvania man was left blind after falling off an unmarked step leaving a shopping center. And proving that there may still be some justice left in the world, a jury awarded him $4M in a lawsuit against the property owner.

It may be the largest personal injury award in York County, according to the man's attorney, and comes four years after the incident. Here's a look.

A doctor generally cannot practice medicine unless they are competent to do so. Each state defines what requirements a doctor must meet to be considered, and remain, competent. Typically, doctors are required to complete a certain number of hours of course work, as well as do on-the-job training, and pass grueling exams.

Below, you’ll find three tips on what to do if you are concerned that your doctor may not be competent.

Bicycle injury accidents occur with regular frequency in most cities where bicycle delivery services are common. When a bicyclist is involved in an injury accident, there are specific issues that can arise if the injured person was working as a bicycle courier or messenger.

Whether the cyclist is at fault, or the other party was at fault, there are similar considerations that non-cyclists should be aware of when it comes to accidents with bicycle messengers. If the bicyclist was currently engaged in a delivery, or was en route to make a pick up, there is a chance that the cyclist will be covered under an employer's workers' compensation policy, regardless of who is at fault. Cyclists should avail themselves of workers' compensation, if it is available to them, as failing to do so could result in a reduction of the potential damages.

When a person suffers from an injury, or dies, due to an infection contracted at a hospital, liability will not always be as cut and dry as one might expect. In fact, in many cases, infections are found to be no one’s fault, and a victim may be left without any legal recourse.

However, oftentimes, infections occur due to a failure to follow proper medical procedures to prevent infections. Infection cases follow the same basic principles as medical malpractice cases. When a preventable infection occurs at a hospital, the medical staff and the hospital can potentially be held liable. Here are three common types of infection that happen at hospitals, as well as information about when to contact an attorney and file a lawsuit.

When a doctor makes a mistake, the ramifications aren't always physical. A misdiagnosis can emotionally traumatic, and mistreatment can be psychologically damaging. Injurious acts by doctors, whether negligent or intentional can cause patients mental stress and anguish, but do patients have any legal recourse?

Here's a look:

Many bicyclists ride for the positive health effects -- a good cardio workout, some fresh air, and less pollution. But every now and then, being on the bike, or being knocked off of it, can have some negative health effects as well.

Bicycle accidents are unfortunately fairly common, and many of those accidents result in injuries. Here are a few legal pointers if you're considering a bicycle injury lawsuit.

Spring break can be an unforgettable experience for college kids across the country. Unfortunately, for many, those memories include getting injured while partying.

When a person is injured while on vacation, or on spring break, they may not know what to do. Below, you find a list of five common spring break injuries and legal remedies.

Just six short months ago, U.S. District Judge Clay Land blasted plaintiffs' attorneys in vaginal mesh lawsuits for, as he put it, filing cases "that probably should never have been brought in the first place." Land specifically called out lawyers piggybacking on litigation against Johnson & Johnson's subsidiary Mentor Corporation, makers of ObTape, and filing claims late: "Similarly, if you did not file the action until eight years after your client's doctor excised the Obtape and informed your client that it was causing her problems, you may face a serious challenge showing cause as to why sanctions should not be imposed."

Judge Land will probably not be too pleased with a recent 11th Circuit Court of Appeals decision, which just revived injury claims by 12 Minnesota women against Mentor that a lower court had thrown out for being filed past the statute of limitations.

Over six years from 2007 to 2012, drug distributors sent almost 40 million doses of opioids to retailers in Cabell County, West Virginia. Cabell County has around 96,000 residents. That would mean more than 400 pills for every adult and child in the county.

Now Cabell and another West Virginia county are suing at least ten drug distributors, including McKesson Corp., Cardinal Health, and AmerisourceBergen as well as CVS, Walgreens, Walmart, and other retailers, claiming the companies violated federal drug control laws.

Although cars still can't simply fly over traffic, technology has gotten us to the point where driverless cars are a reality. Despite the promise of this technology leading to a future without car accidents, driverless cars have a long way to go. Since the limited deployment and testing of autonomous cars started recently, there have been numerous accidents, and even a fatal crash, that have been attributed to auto-pilot modes or driverless vehicle automation.

These crashes have led many folks to wonder: who's responsible for a driverless car crash? While the answer may seem to be as simple as asking who owns the vehicle, this might not actually be the case, or provide adequate relief in jurisdictions, like California, that limit vehicle owner liability.

A recent lawsuit filed by the widower of a Michigan manufacturing plant worker is seeking to hold the makers and installers of robotic manufacturing equipment liable for the death. Wanda Holbrook was inspecting a section of machinery that was not working properly, when another malfunctioning robotic machine struck her in the head and killed her.

The lawsuit alleges that the robot that killed her should not have been able to access the area where she was located, and the very fact that the incident occurred is proof of a design defect and the failure of the various safety systems.

Perhaps that's the point of incarceration, but jails and prisons are not nice places to be. These houses of detention, designed to keep the public safe, don't always keep the inmates safe. From overcrowding and unsafe conditions to violence and prisoner abuse, injuries happen in prison, but are these injuries treated like those on the outside? Do inmates have any legal recourse for injuries or abuse in prison?

Here are some of the biggest questions (and answers) concerning prison injuries, from our archives.

A bicyclist from San Diego will soon be receiving a little bit of justice in the form of a check for nearly $5 million. After being severely injured due to a crash caused by poorly maintained city sidewalks, the cyclist will likely require a lifetime of medical care and incur other costly expenses, which the large settlement will go a long way toward providing.

The injury cyclist was bicycling to a friend’s home when he rode over a cracked sidewalk that the lawsuit described as a “launching ramp.” The ramp sent him flying 28 feet into the air. Upon landing and skidding, the cyclist severely injured his back, spine, and even suffered a stroke.

If you've ever been visited by Child Protective Services, you know just how stressful and distressing it can feel. Even the best of parents can get frazzled when someone with the legal authority to take aware their kids is present.

Unfortunately, unless your civil rights are violated, you likely won't have any legal claim against Child Protective Services stemming from the agency's, or its representatives', routine actions. So, you likely won't be able to sue for emotional distress. However, when civil rights are violated, individuals can sue CPS, and these claims can be costly for cities.

When a loved one dies, the furthest thing from our minds is money. But when the shock and grief wear off, and we realize the death was someone else's fault, we may consider filing a lawsuit. And part of that consideration is looking at whether the cost of filing and litigation is worth it.

While there may be some caps on how much you can be awarded in a wrongful death claim, the amount a lawsuit is worth can vary significantly, depending on the circumstances. Here are a few factors to consider when looking at how much a wrongful death claim could be worth.

For those in the construction industry in New York, worrying about serious on-site work injuries has always been a real part of the job, but recent reports are cause for real concern. Based on the recent report issued by the New York Committee for Occupational Safety and Health, construction fatalities, as well as construction injuries, are on the rise in New York, and have been over the last half decade.

This means that for the construction workers, and families of workers, particularly those in non-union employment, the risk of serious injury is very real. The report explains that 80 percent of the injuries occur at non-union job sites.

Suing a doctor or hospital for medical malpractice or negligence is no simple task. Doctors, hospitals, and insurers have pushed lawmakers hard to limit when medical professionals and institutions can be held liable for injuries to patients. However, despite all the limitations, legitimate medical malpractice claims arise at an alarming frequency.

Below you’ll find the top 5 questions individuals have about when they should sue their doctor or hospital.

Tire blowouts on the road are scary. Whether it’s your own tire, or the tire of an adjacent vehicle, tire blowouts frequently lead to damaged vehicles, car accidents, and injuries.

Determining liability in a tire blowout crash is often more complex than in other auto accidents. Apart from regular old driver negligence that may have occurred, there are potential product liability claims.

New U.S. Attorney General Jeff Sessions recently reversed prior Department of Justice guidance directing the federal government to reduce its reliance on private prisons to house federal inmates. While this was good news for shareholders of private prison company stocks, it looks like bad news for American taxpayers and inmates: as the DOJ conceded when it announced the phase out last year, private prisons "do not save substantially on costs; and as noted in a recent report by the Department's Office of Inspector General, they do not maintain the same level of safety and security."

So what happens if you're injured or mistreated in a private prison? Do you have any legal recourse?