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LIENS ON PERSONAL INJURY CASES
Liens Lock Down Settlement Like locks on a gate, liens prevent final settlement of personal injury cases until they are addressed. Government liens, private liens, statutory liens and others lock down...
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SNOW AND ICE PERSONAL INJURY CASES
Snow and ice cases, where injuries are claimed for a slip and fall, present unique issues. A slip and fall on slippery snow or ice can cause serious injuries. But, the happening of an accident and...
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Life Expectancy Tables In Personal Injury Cases
Life Expectancy Tables Life expectancy tables provide key information in evaluating some personal injury cases. The tables give a statistical perspective, a number, telling us how long any given...
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Minor Settlements: Why is Court Approval Required?
By “Peasap” on Flickr Minor settlements, personal injury settlements for those under the age of minority, often need court approval before funds are released. Here’s the problem: minors lack legal...
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PREMISES LIABILITY LAW AND INJURIES
Premises Liability Premises liability cases address the legal duty of property owners. Many scenarios fall under premises liability. A store customer opens a cooling unit to reach for an item and a...
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Discovery in Civil Litigation
By Shayan on Flickr A “search for the truth” is the idea behind the discovery phase of civil law suits. Hollywood keeps movie viewers in suspense, telling a tale but holding back on a final nugget of...
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MITIGATION OF DAMAGES IN PERSONAL INJURY
Mitigation of Damages No one expects a person seriously injured in an accident to run a marathon or to bench press 500 pounds soon after the injury. At the same time, the legal concept of mitigation...
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Proximate Cause: Personal Injury Claim Causation Requirement
Proximate Cause In a famous case, a commuter runs for a train that’s just started rolling. The man sprints across the platform. A conductor on the train reaches out, pulling the man. Another...
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Auto Insurance. Understanding Some Basics.
Auto Insurance Auto insurance presents a necessary evil. Driving without it is folly. Driving a rolling two-ton metal box, disaster happens in a split second. Cars pose a rolling risk. Excuses for...
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SOCIAL HOST LIABILITY – PERSONAL INJURY
Serving alcohol to guests and potential liability Social host liability law holds people accountable where they serve house guests liquor to the point of intoxication. Hosts can be held liable to...
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Personal Injury – After an Accident
by Joe Parks on Flickr I’m driving down Main Street near one of my offices. A car comes out from a stop sign, slamming into the side of my car. I pull over. The driver of the other car gets out,...
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DRAM SHOP LAW – Injuries & Negligent Service of Liquor
Dram Shop Law Dram shop law seeks to hold a bar or other business liable when they over serve a drinker who later causes injury to themself or to someone else due to intoxication. The term dram shop...
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Confidentiality Agreements in Personal Injury
Confidentiality agreements in personal injury settlements are often proposed by those who have been sued. Such agreements can be enforced, even if it is a bad idea. Confidentiality provisions require...
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Supplemental Needs Trust & Personal Injury
Supplemental needs trusts, if established properly, can protect certain benefits when there is a personal injury settlement. Before the settlement is effectuated, an attorney drafts this trust to hold...
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Seat Belt Use Admissibility in Injury Claim
Seat Belts: Good Habit. Admissible in Court? Seat belt use reduces injuries and saves lives in motor vehicle accidents. Statistics prove it. But should the use or failure to buckle up be admissible in...
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Comparative Fault: Contributory Negligence & Apportioning Liability
Comparative Fault Comparative fault law allows apportionment of negligence among multiple parties who may share liability for one injury. Suppose a pedestrian runs across the street. A car runs a red...
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Spoliation of Evidence: Penalties Available in Civil Law
Spoliation of Evidence Spoliation of evidence occurs when a relevant document or physical evidence is destroyed, altered or intentionally withheld. Courts can impose punitive sanctions against those...
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Damages – Compensatory & Punitive Damages in Products Liability Case
Essex County Superior Court. The Massachusetts Supreme Judicial Court has upheld a $20 million verdict awarded after a 29 year old woman died as a result of sliding down a defective swimming pool...
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Texting and Driving: Deadly Combination with Legal Consequences
Texting and Driving Like never before people communicate by text. Widespread wireless service expansion and increasingly affordable smart phones bring texting into the hands of nearly everyone. But...
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Negligence, Gross Negligence & Willful, Wanton Conduct
Negligence Negligence is the failure to use reasonable care. But, it comes in degrees. Different levels of negligence apply in different claims. What are they? Negligence – Ordinary The “reasonable...
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