Posts tagged with 'injury'

Crime? Tort? Lawsuit? None of the Above?

Posted on January 10, 2015

Crime? Tort? Lawsuit? None of the Above?

Why You Need to Understand the Differences between Crimes, Torts, and Lawsuits and How They Play a Role in Your Personal Injury Case

It isn’t unusual for people who have little or no legal background to contact an attorney after they become injured or cause someone else to suffer an injury. These people tend to have a lot of questions. For example, they often wonder if they can be sent to jail for what they did. Others who have suffered an injury because of someone else’s actions want to know if they can press criminal charges or file a lawsuit.

While it’s easy to confuse the issues of criminal actions and lawsuits, they are really two very separate issues. If you are involved in a personal injury case of any kind, you need to be clear about the differences, and how they might affect you.

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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’s Covered Under Workers’ Compensation?

When someone is injured on the job, or suffers an illness because of job-related conditions, that worker is entitled to file a workers’ compensation claim. Even though all states have somewhat different workers’ compensation laws, workers can count on being able to receive workers’ compensation when they suffer certain types of injuries or illnesses.

Work-Related Injuries

People can receive workers’ compensation benefits when they suffer an injury that is work-related, but the term “work-related” is sometimes more complicated than it might first appear. In general, any injury you suffer as a result of your job duties, or those that arise while doing your job, are covered under work-related injuries.

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New Study Sheds Light on Children and Amusement Park Injuries

A study released in the May issue of the journal Clinical Pediatrics provides some comprehensive new statistics about amusement park, carnival and mall rides around the country. Researchers working for the Center for Injury Research and Policy of the Research Institute at Nationwide Children’s Hospital looked at 20 years of data on children involved in accidents from various amusement park and similar types of rides. The research shows that, on average, 4400 children seek medical attention every year for injuries sustained on rides.

A vast majority of these child injuries occurred during summer months. More than 70 percent of the total yearly injuries occurred between May and September, a percentage that works out to more than 20 injuries per day, or one every two hours. This is no surprise as festivals, carnivals, and amusement parks are primarily open during warmer months.

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Common Questions About Work Injuries

Posted on September 12, 2013

Common Questions About Work Injuries

For those who suffer injuries at work, finding out what your rights are and what options are available to you can often be difficult. When you suffer a work-related injury or become sick because of the conditions you were exposed to while working, you may be entitled to receive compensation. Like many areas of the law, work injuries are treated differently between states, though there are some general similarities that apply regardless of where you live.

Workers’ Compensation

Injuries in the workplace are unfortunately common. While some industries and jobs are more dangerous than others, almost anyone can suffer an injury while they work. Because of this, and because so many workers used to sue employers for being hurt because of the job, all states have developed a workers’ compensation insurance system. Also known as workman’s compensation or workman’s comp, these programs require employers carry workers’ compensation insurance. The insurance covers anyone who was injured at work and eliminates the need for those workers to have to sue the employer to recover damages.

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Boating Accident Statistics

Posted on September 6, 2013

Boating Accident Statistics

There is arguably nothing more relaxing than spending an enjoyable sunny day aboard a boat. Whether it is in the ocean, on a river, or on a lake, recreational boating is a pastime enjoyed by millions of people in the U.S. each year.

Unfortunately, the enjoyment of boating can suddenly be disrupted by unpredictable factors, such as severe weather or strong currents, both of which can compromise the safety of those aboard a boat. Other factors can also impact safety, including operator inattention, improper lookout, operator inexperience, excessive speed, and machinery failure. In fact, those factors represent the top five primary contributing factors in boating accidents, according to statistics from the United States Coast Guard.

In 2011, the Coast Guard recorded 4,588 recreational boating accidents, the majority of which occurred to motorboats, personal watercraft, and cabin motorboats. These accidents resulted in 3,081 injuries and 758 deaths. The corresponding fatality rate was 6.2 deaths for every 100,000 registered recreational vessels, which represented a nearly 15% increase over the 2010 rate (5.4 deaths per 100,000).

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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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