Category

General Law

Workers’ Compensation in a Nutshell

WORKERS’ COMPENSATION

If you are injured on the job, you may be entitled to workers’ compensation. Laws vary from state to state. The discussion that follows is the general view of most states, but you should consult an attorney in your area to be sure no important differences apply to your case.

Workers’ compensation pays the medical bills and lost wages of individuals injured or killed…

Food Poisoning Lawyer Discusses Food Poisoning Litigation

FOOD POISONING CASES

Food poisoning cases are difficult to pursue and usually settle for no more than nuisance value, a relatively small amount of money. Many personal injury lawyers refuse to take them. Because the lawyer is compensated only upon settlement, the relatively low value of most of these cases, along with the problems of proof, make them generally a poor investment of t…

Fall Downs Accidents (Slip and Falls) Classifications

Invitees

Property owners and their tenants owe the highest duty of care to individuals they invite onto their property. In some states, customers of businesses have the status of business invitees. The owner of the business is under the duty to protect the business visitor, not only against dangers the owner knows about, but also against those which with reasonable care he or she might…

Sample Contingent Fee Agreement for Personal Injury Plaintiffs

One of the nice features of personal injury litigation is that you will not have to pay your lawyer up front.  The attorney fee is calculated on a percentage basis at the end of the case.  Here is a sample fee agreement.  There are almost endless varieties.  Below the fee agreement is a medical authorization form that I use.  It allows me to get the medical records for my clients.  You w…

A Children’s Injury Lawyer Talks About Injuries To Children

Children are entitled to presumption of non-negligence in injury cases.  A 12-year-old has a much weaker presumption of non-negligence than does a 6-year-old. Thus, if a 6-year-old is struck by a car, this child will almost certainly receive compensation for injuries suffered in the accident. Yet, even the 12-year-old is not held to the same standard of care as the adult driver. That is on…

A Children’s Injuries Lawyer Discusses Child Injury Cases

INJURIES TO CHILDREN

A mother and father’s worst nightmare is receiving a call from the hospital informing them that their child has been involved in an accident. While the physical and emotional suffering from such an event can never be set right by money, a lawsuit against the person at fault may be in the child’s best interests. Handled properly, this type of case almost always results in…

A Pit Bull Lawyer Discusses Pit Bull Attacks

Another kind of personal injury case is for injuries arising out of a Pit Bull dog bite. Most states make it unlawful for the owner of a dog to fail to keep it either confined within the owner’s premises or firmly secured by means of a collar and chain. A violation of such a law resulting in a dog bite is strong evidence of negligence. If you were bitten as a result of such a violation, it is…

A Delaware County Montgomery County Injury Lawyer Discusses Paralysis Injury Cases

An important stage of a jury trial involving paralysis takes place at the very outset, namely, the voir dire (generally pronounced vwa dear) of the jury. Voir dire consists of questions the attorneys ask the potential jurors to determine which of them will actually sit on the jury panel. There is a sample set of voir dire questions in Appendix 18 of my book, Winning Personal Injury Cases. Voir…

Eye Injury Claims – Part 5

We have been discussing using goggles to simulate vision loss. But this is not enough. It is also essential to have a detailed written report prepared regarding the client’s functional losses. That functional vision assessment helps to focus the insurance company on the psychosocial aspects of vision impairment, including mobility…

A Delaware County Personal Injury Attorney Discusses Fall-Down Accidents (“Slip and Falls”)

Fall-down cases (also known as “slip and falls”) are the second most common type of lawsuit for personal injuries. Automobile accidents are the most common. The legal principles involved with slip and falls differ greatly from car accident cases. There are particular hurdles that must be overcome to receive fair compensation for injuries suffered as the result of a fall.

Generally, t…

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