Posts tagged with 'accident'

What are Damage Caps in a Personal Injury Case?

When you are injured in an accident, or suffer any kind of personal or medical-related injury, you deserve to recover the money you’re entitled to. Unfortunately, in many situations where people suffer a personal injury, state laws limit the amount of money they can recover. These laws, known as damage caps, impose monetary limits in various types of personal injury cases. Like many other personal injury restrictions, the details of these laws differ significantly from state to state. Nevertheless, understanding how damage cap laws work is something that can help you understand the personal injury lawsuit process.

Damage Caps

When we talk about damage caps, what we are talking about is limitations on the amount of money you can win. State damage cap laws impose these limits regardless of what the facts of a case is. For example, if you are paralyzed by someone else’s negligence, state damage cap laws can limit how much you would be able to recover regardless of your age, how you make your living, or any other factor. So, an already ill elderly person who is disabled as a result of an injury would be limited to the same amount of damages as a young person raising a family.

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Knowing What Causes Motorcycle Accidents Could Save Your Life

Whether you are an experienced rider or are considering your first motorcycle, educating yourself about motorcycle safety is a must. Generally speaking, motorcycles are significantly more dangerous than passenger cars and light trucks. Consider the following statistics:

  • According to the Department of Transportation, motorcycle operators are involved in deadly accidents 35 times more than those driving cars or trucks.
  • More than half of motorcycle crashes resulting in a fatality involved at least one other vehicle. The remaining crashes did not involve other vehicles, but instead involved encounters with obstructed roadways, collisions with fixed objects, or other dangers.
  • Of those motorcycle operators who died in a crash, about half were speeding while just over 40% had blood-alcohol concentrations above the legal limit.

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What is a Demand Letter?

Posted on January 25, 2014

What is a Demand Letter?

The personal injury lawsuit process doesn’t always end in a trial, or even start with the filing of a lawsuit. In many situations, personal injury cases start, and end, with a well-constructed demand letter. What is the demand letter and how does it work? Let’s take a closer look.

Demand Letters: Your Case in Brief

The demand letter is something you, usually through your attorney, send to the other side in a lawsuit. (In a personal injury case, attorneys typically send demand letters to the insurance company representing the defendant.) The letter is essentially your case presented in a succinct form. It gets into the details of your case, shows why you would win if the case went to trial, and asks for a settlement.

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What Are the Most Accident-Prone Industries?

Every year, more than 3 million American workers suffer nonfatal injuries while on the job. The Department of Labor’s Bureau of Labor Statistics tracks workplace injuries, and overall, its data shows that about 3.5% of all workers suffer a workplace injury each year. The most common injuries are muscle strains and joint sprains, accounting for about 40% of all the injuries workers suffer in the workplace.

A worker’s chances of suffering an injury while on the job increase dramatically depending on the industry in which they work. Here’s a list of the five most injury-prone workplaces in the United States.

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Workers' Compensation: Injury During Employment

When an employee is injured during the course and scope of his employment, the manner by which he is compensated changes considerably. Up until now, we have discussed how an attorney represents his client by demanding compensation from the person who is at fault for the injuries. The attorney uses methods that include litigation, arbitration, or maybe just an intimidating demand letter. However, the methods change in situations where his client is an injured employee.

Individual states and the federal government have specifically created laws that compensate persons who are injured while at work, and the laws do not focus much on blaming anyone for the injury. Instead, an employer must pay the compensation to his injured employee merely because the employee was injured while on the job. This is a bit of an overstatement of the rules, and there are exceptions, but it is generally true. The catch? Employees are not eligible to sue the employer in court for the injury. Instead, they must settle for what the workers’ compensation laws require the employer to pay.

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What Are Pain and Suffering Damages?

Posted on June 10, 2013

What Are Pain and Suffering Damages?

In a lot of cases where someone is involved in a car accident or suffers from some kind of injury, you might hear your attorney talk about “pain and suffering damages.” For a lot of people who don’t have a lot of knowledge about the law, this term can sound a little confusing. While it’s always best to talk to your attorney about any legal question you have, here is what you need to know about pain and suffering damages.

Damages

In the legal world, the word “damages” is just another way of saying money. More specifically, it’s money other people owe you because they caused you harm. For example, if you are involved in a car accident because someone else drove recklessly, that person may have to pay you money. Depending on how badly your car was damaged and whether you suffered an injury, the other driver may have to pay to both repair your car and compensate you for the injuries you received. The driver might also have to pay you because the accident left you in pain or prevented you from going to work and earning an income. All of these types of payments are referred to as damages.

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National Safety Council Releases Startling Estimates for Accidents Over the Memorial Day Weekend

The Memorial Day holiday is the traditional kick-off to the summer. The long weekend means families across the country will be taking advantage of an extra day off to hit the roads and travel. In fact, AAA estimates that 31.2 million travelers will be getting in their cars this weekend. With more drivers on the roads, the risk of car accidents increases dramatically. National Safety Council reports that Memorial Day weekend marks one of the deadliest holidays, annually, for auto-related accidents.

The NSC released its estimates on May 20th for the number of motor vehicle crashes expected for the upcoming Memorial Day holiday weekend. According to the Council, for the past six years, the Memorial Day holiday weekend has averaged an 11.5% increase in traffic fatalities compared to similar non-holiday periods. This year the Council estimates 407 traffic fatalities and another 43,500 “medically consulted injuries” (the Council considers these injuries serious enough that a medical professional was consulted) will occur over the summer kick-off weekend from traffic collisions.

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Top States For Auto Related Accidents

Posted on May 15, 2013

Top States For Auto Related Accidents

Someone is injured or killed in an auto accident every 14 seconds in the United States. Though this number has decreased significantly over the past couple of decades largely because of improvements in car safety and design, it is still an incredibly high number that results in tens of thousands of deaths every year, not to mention the billions spent on medical care and lost wages for those injured.

When it comes to automobile accidents, safe driving and safety equipment matter. But there are some factors that are outside of even the most careful driver’s control. Even if you are safe driver and have a well-designed automobile, your chances of being involved in a car crash depend, at least in part, on the state you live in.

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Types of Spinal Cord Injuries and Potential Compensation

Your spinal cord is one the most important pieces of your body. The long, thin collection of nerves allows your body to communicate with your brain, and your brain to control and regulate your bodily functions. Any type of damage to this vital piece of anatomy can lead to serious repercussions, including paralysis, pain, and permanent disability.

Not all spinal cord injuries are the same. Most injuries happen after a person experiences a sudden, violent injury, either directly to the spine or to other parts of the body. Some of these injuries can be relatively minor, while others can be life altering and leave a person with disabling injuries. In any situation where someone suffers a spinal cord injury as a result of someone else’s negligence or intentional harm, the injured person could be entitled to recover compensation.

So, let’s take a look at spinal cord injuries and the potential compensation involved.

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Cruise Ship Injuries – Sources and Concerns

Taking a vacation on a cruise ship is a popular choice for many Americans and their families. Cruise ships offer exotic destinations, the promise of wonderful food, and a family-friendly environment that many find irresistible. How irresistible? Just look at some of the numbers. The worldwide cruising industry is incredibly large, with an estimated income of $40 billion in 2010 alone. Almost 15,000,000 Americans take a cruise every year, and each person spends an average of seven days aboard ship, spending an average of $1,800 per passenger. That means a family of four can expect to spend over $7,000 on an average cruise.

Yet as popular as cruising is, there are potential downsides. Though major accidents and disasters are rare, they do happen. One of the most recent occurred in January of 2012 when the Costa Concordia sank off of Italy, resulting in the death of 32 people. But the big disasters are very rare. What’s far more common is for people to suffer injuries while aboard ship. Many of these injuries are relatively minor, but other injuries, such as people falling overboard or being injured as the result of an assault, are very serious. In 2010, for example, 20 passengers fell overboard on cruise ships around the world, while 58 separate incidents of collisions, fires, or other disabling incidents involving cruise ships also took place, resulting in numerous injuries.

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