Posts tagged with 'personal injury'

Commonly Asked Questions About Defamation

Posted on August 29, 2015

Commonly Asked Questions About Defamation

When most people think of personal injury laws, they don’t normally think of defamation. But defamation is very much a kind of personal injury. In defamation situations, it isn’t someone else’s negligent actions that have caused you a physical harm, but is instead someone else’s words that have caused harm to your reputation or good name.

We live in a social, interconnected society, and a harm to your reputation can be just as significant as suffering a personal injury that harms your ability to live your day-to-day life. Here are several questions many people commonly have about defamation, what it is, how it can affect you, and what you might be able to do about.

What is defamation?

Words can hurt people, and can do so in more ways than one. If someone intentionally or recklessly uses words that cause you severe emotional distress, you might be able to sue that person to recover damages for the emotional harm you suffered. Similarly, if someone uses words to harm your reputation or good name, you might also be able to sue that person on the basis of defamation.

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Commonly Asked Questions About Assault and Battery

Personal injury cases not only arise out of situations involving negligent actions, but also intentional actions, such as assault and battery. In an assault and battery personal injury case, one person intentionally threatens to harm, or actually does harm, someone else without the victim’s consent. When this happens, the victim can sue the person who intentionally inflicted the harm for assault, battery, or both. Assault and battery tort cases can be a little confusing to those who don’t have a legal background. So, to help clarify many of the issues involved and explain what an assault and battery case is all about, let’s take a look at some commonly asked questions.

What is an assault?

An assault is an intentional threat to commit violence against another person. When someone assaults someone else, the aggressor threatens the victim with physical bodily harm. This threat, or action, has to be intentional, and must not only be aimed at causing the victim to actually feel fear or apprehension of being hurt, but must also result in the victim experiencing that fear.

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What Does The Average Personal Injury Case Look Like?

For many people who have never had to file a lawsuit or even talk to a lawyer, the idea that you’ll have to sue somebody after you suffer a personal injury can be remarkably stressful. Few people enjoy conflict, and the thought of fighting in court to recover money for your injuries can be enough to stop you from ever reaching out for assistance in the first place.

Unfortunately, a lot of people operate under some significant misconceptions when it comes to the personal injury lawsuit process. The process itself is often far less stressful than many people initially believe it to be. To help dispel some of these common misconceptions, let’s look at how the average personal injury lawsuit works, and what it requires.

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State Legal Differences in Dog Bite Cases

Because we have been looking at a variety of personal injury issues that state laws treat very differently, we thought it would be a good idea to talk about dog bite cases. Like many other personal injury and medical malpractice issues, state laws look at dog bite cases, and injuries caused by animals, in different ways. Today we are going to examine some key differences in how state laws approach dog bite cases.

One Bite States

Traditionally, states treated the issue of dog bites under the so-called “one bite” rule. This effectively gave dog owners protections from their animals causing damage to others, but also gave those who were injured grounds to recover for their injuries from known dangerous dogs. The one bite rule effectively said that an owner is not liable for the damages caused by his or her dog when the dog first bites someone. After the first bite, it’s the owner’s responsibility to make sure the dog doesn’t bite anyone, and if it does, it’s the owner’s responsibility to pay for any damages caused by the animal. Today, only about 15 states still operate under this one bite rule.

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Frequently Asked Questions About the Jones Act – Part 2

In our previous post on the Jones Act, we looked at some commonly asked questions people have about this important personal injury law. The Jones Act applies to maritime workers, or seamen, who suffered injuries as a result of the negligence of their employers. While you should always bring your specific questions to an experienced personal injury attorney, we thought we would take a look at some additional questions that many people have about the Jones Act, how it works, and how it can help you.

What is negligence under the Jones Act?

The Jones Act applies to situations that involve employer negligence in a maritime setting. This essentially means that, in order to recover injuries sustained by a seamen, that seamen has to show that the employer failed to use the requisite care to prevent such injuries from occurring.

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Frequently Asked Questions About the Jones Act – Part 1

When people who work on ocean-going vessels, fishing boats, or other maritime craft get injured, they often speak with a personal injury attorney about the possibility of recovering money for their injuries. In many cases, people injured in maritime accidents can recover compensation under the terms of the Jones Act. The Jones Act is a specific law that applies to personal injuries that arise in maritime situations. Today, we’re going to take a closer look at the Jones Act, what it does, who it covers, and how it works by looking at some frequently asked questions.

What is the Jones Act?

The Jones Act, also referred to as the Merchant Marine Act of 1920, is a federal law that covers negligent claims that arise out of maritime situations. When a sailor, mechanic, steward, captain, ship’s crewmember, or other maritime worker suffers an injury in the course of his or her duties as a result of an employer’s negligence, that maritime worker can recover compensation for his or her injuries.

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What Can You Do When Your Elderly Parent Gets Injured in a Nursing Home? Part 1

With the number of senior citizens growing by about 20,000 every day, the number of people who have a parent, close family member, or loved one in a nursing home environment is exploding. Unfortunately, the number of elderly people who suffer injuries as the result of abuse or neglect in these facilities is also on the rise. Not only that, but the number of cases actually reported every year may be just the tip of the iceberg when it comes to nursing home abuse and neglect injuries.

So what are people to do when they believe that their loved ones have been injured as the result of elder abuse or neglect? What options do you have? How can you help your elderly loved one?

Today we are going to start a two-part discussion on some essential issues surrounding eldercare abuse and neglect. As always, if you have specific questions or need legal advice, you should always speak to an experienced personal injury attorney in your area.

Elder Abuse

When seniors or other people are injured in a nursing home, assisted living, or similar type of facility, there are two basic types of situations that you must consider: abuse and neglect. Abuse occurs when someone intentionally tries to harm an elderly person, or that person’s interests.

There are many different kinds of elder abuse, including physical or psychological abuse, sexual abuse, and even financial abuse. In elder abuse situations, a nursing home or eldercare facility employee intentionally harms the elderly person or his or her interests. An elderly person who is harmed as a result of abuse can often sue both the people who caused the harm, as well as the nursing home employing that person. In many situations involving elder abuse, it’s possible that prosecutors could also file criminal charges against those who abused the elderly person.

Neglect

Neglect, though it is itself a type of abuse, is different than the intentional actions involved in many abuse cases. When an elderly person resides in a nursing home or eldercare facility, that facility has an obligation to provide the elderly person with care. This care can be anything from occasional assistance with transportation, to regular assistance with daily activities such as bathing or eating, or even round-the-clock assistance for those with significant disabilities or medical conditions. When an eldercare facility fails to provide the requisite care, that neglect can often lead to serious injuries.

Neglect can also come in different forms, often referred to as passive and active neglect. Passive neglect takes place when the caregiver forgets to provide the necessary assistance, while active neglect involves a caregiver that intentionally fails to provide help to the elderly person.

In either situation, an elderly person who suffers an injury as a result of neglect at the hands of a nursing home or eldercare facility employee can sue that facility for negligence and recover damages he or she might have suffered. If you believe your loved one has experienced elder abuse or neglect, it is best to speak with a personal injury attorney right away.

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Spinal Column Injuries FAQ – Part 1

Posted on June 12, 2015

Spinal Column Injuries FAQ – Part 1

Spinal column injuries can be devastating. Not only can they last for the rest of the injured person’s life, but they can alter that life in any number of ways. Anyone who suffers a spinal column injury needs to speak with an attorney right away. Recovering your medical bills, receiving compensation for lost wages, as well as seeking payments for pain and suffering, are all issues that require legal advice.

It’s also a good idea to educate yourself about some common spinal column injury issues. Many of these issues surround medical or legal concepts that most people have little experience with. To help you get a better grasp of these concepts, let’s take a look at some frequently asked spinal column injury questions.

What is the spine?

Many people refer to the spine as the backbone. It’s the collection of bones that runs from your head down your back. The spinal column, or spine, includes both the collection of bones, as well as the bundle of nerves, tissues, and other body parts that are connected to them.

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What is an 'Assumption of Risk' and Why Does it Matter?

In some personal injury cases, the ‘assumption of risk’ defense becomes an issue. While assumptions of risk are not something that everyone who suffers a personal injury has to worry about, the issue can significantly impact your ability to recover money for the injuries you suffered. Today, we are going to take a close look at the assumption of risk, what it means, and why, if you have suffered a personal injury, you need to understand it.

Torts

When you talk about assumptions of risk and personal injury cases, you’re talking about torts. Torts are a type of lawsuit that can arise after someone suffers harm or injuries because of someone else’s negligent or intentional behavior. When someone suffers an injury in this situation, the law allows that person to sue the wrongdoer to recover damages (money) for his or her injuries. A tort lawsuit involves the injured person (the plaintiff), suing the wrongdoer, (the defendant).

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Personal Injury and Brain Death

Posted on May 29, 2015

Personal Injury and Brain Death

Questions about brain death, brain function, and similar issues often arise after a friend or loved one suffers a serious injury. What does it mean to be brain dead? Are there different types of brain death? What does it mean to be comatose, and is this different from brain death? Today, we are going to take a close look at brain death in personal injury cases so you can have a better understanding of some of these essential issues.

The Brain Has More Than One Part

To better understand brain injuries and brain death, we first have to understand the brain itself. The brain is a complicated organ comprised of many different parts. Each part can serve a specific function, multiple functions, coordinate with other parts, or any combination thereof.

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