Author: Andrew Myers
What to do After an Accident
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 other driver gets out, waves her arms “there’s a curve in the street … you were going too fast” and other gibberish. […]
SOCIAL HOST LIABILITY – PERSONAL INJURY
Social host liability law holds people accountable where they serve house guests liquor to the point of intoxication. Hosts can be held liable to those injured by an intoxicated guest or, under limited circumstances, for injuries to the intoxicated guest. Social Host Liability to Guest Courts impose a heavy […]
Auto Insurance. Understanding Some Basics.
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 shirking off insurance include “I always drive responsibly … if I get in an accident the other guy’s insurance will […]
Suggestion of Bankruptcy
A Suggestion of Bankruptcy is a document filed in court giving notice that one of the parties in a pending case has filed bankruptcy. If the party is a defendant the filing stops the case by virtue of the automatic stay of bankruptcy. However the document can also be filed […]
Proximate Cause: Personal Injury Claim Causation Requirement
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 railroad employee on the platform pushes him onto the train. A wrapped package falls out of the man’s hands onto […]
Bankruptcy Exemptions: Why You Need Them
Like an iron gate protecting an entrance, bankruptcy exemptions protect a debtor’s property against loss in bankruptcy. Theory of Bankruptcy Exemptions In the old days when a person filed bankruptcy, the story goes, their property was taken and sold or ‘liquidated’, the proceeds then divided among creditors. Any remaining debt […]
MITIGATION OF DAMAGES IN PERSONAL INJURY
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 of damages requires those injured to make reasonable best efforts to get back on their feet. […]
Discovery in Civil Litigation
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 truth until a secret witness shows up in court at the end revealing “the truth”. Forget all […]
Dog Bite Cases in Personal Injury Law
Dog bite cases present a shocking sudden trauma and long term damages. Man’s best friend turns into a monster. Permanent scarring results in many cases. Strict Liability The only good news in dog bite cases comes in strict liability. Most, not all, states impose strict liability on the owner or […]
Notice Requirements in Personal Injury Cases
Notice requirements compel those injured in an accident to notify proper authorities within a certain time frame. Otherwise, they lose the ability to make a claim. Many people understand statutes of limitation. Such laws give an injured person a certain number of years after an accident to file a proper […]
