Personal Injury
PERSONAL INJURY: Res Ipsa Loquiter
The concept of “Res Ipsa Loquiter” lives on today, even though courts and lawyers in general tend to use Latin less often now than in previous decades. It translates into “the thing speaks for itself.” This legal doctrine holds that one is presumed to be negligent if he, she or […]
Accidents Don’t “Just Happen”
Accidents happen for a reason. Calling the collision of two cars “just an accident”, or shrugging it off as “not intentional” misses the point of civil liability. Looking down to text, rolling through the light instead of stopping, and tailgating the car in front so closely that it’s impossible to […]
PERSONAL INJURY – Rules of Evidence
Evidence never gets into court without passing the rules of evidence. Courts admit evidence only when it complies with rules, statutes and case law comprising evidence law. Winning a case requires mastery of the rules of evidence. Rules vary from state to state and even from court to court. One reason to have a lawyer, among others, is […]
PERSONAL INJURY: Do-It-Yourself Follies
Do-it-yourself in court and you may be in for a shock. Even a fool wouldn’t perform their own dental work with a handy man’s drill. Yet, every day, people represent themselves in court, often with disastrous results. Especially in personal injury claims. Here’s an actual case: “Buyers”, we’ll call them, […]
Personal Injury: Statute of Limitations
Bars usually go with criminal law, as in “behind bars”. But, in civil law, statutes of limitation bar cases forever if not filed on time. When the doors slam shut, there’s no going back. The “Statute of Limitations” is a legal deadline requiring a case be filed within a certain time after an event […]
Personal Injury: Personal Jurisdiction Out of State
Granite monuments designate boundaries between states at many spots as a physical reminder of state lines. People cross the lines every day with hardly a thought. But, state lines pose barriers to residents of one state, attempting to bring a resident of another state into the local court. Bringing a […]
“Can I Sue?”
“Can I sue?” This tops the list of questions most frequently asked of attorneys. But it’s the wrong question. The real test is whether a feasible, viable claim strong enough to warrant recovery exists. Hypothetically if the papers are able to be filled out and the technical requirements met then in the […]
HIPAA: Authorizing Release of Medical Records & Personal Injury
Confidentiality exists between you and your medical providers. This prohibits release of medical records without proper authorization. The Health Insurance Portability and Accountability Act, usually referred to as “HIPAA”, places certain restrictions upon and guidelines for the release of medical information. Releasing Private Medical Records Under the privilege protecting medical […]
Injury Claim Evaluation By Computer
The same insurance companies with TV ads featuring lizards, friendly hands and smiley faces also methodically feed injury claim information into a computer which crunches the data it feels like crunching and spits out a number. Specific medical documentation is required to establish and optimize any recovery for injuries. This is yet […]
Personal Injury: Settlements are Forever – A Full Final Release is Eternal
When a case is settled, the document bringing the case to a close is usually referred to as a “full and final release”. As the words imply, there is no going back. Questions sometimes arise later, when the injured person finds new or persisting symptoms for whatever reason unknown at […]
