Tag: accident lawyer
Driving in the Rain – Highway Dangers
Driving in the rain presents greater danger than driving in wintry snow and ice. That’s right. You know how some people go crazy when the snow flies. Officials warn everyone to stay off the roads due to snow and ice. Grocery stores fill up with shoppers grabbing milk, bread and […]
Broken Baseball Bat Hits Fan: Spectator Injuries & The Law
On Friday June 5, 2015, Tonya Carpenter watches the Boston Red Sox from second row seats between home plate and third base at Fenway Park. Her son and a friend accompany her. In the second inning, Oakland Athletics third baseman Brett Lawrie steps up to the plate, swings, makes contact with […]
Property Dangers: Premises Liability
Stairways in deplorable condition cause injuries. But believe it or not, insurance companies vigorously defend property owners who allow outrageously dangerous conditions to exist. The stairway shown here caused ankle, back and foot injuries when a tenant, attempting to go around the obvious defects in the stairway, was thrown to […]
That Never Happened Before – Defense to an Accident Case?
Something happens. There’s an accident. Someone runs out and says “that never happened before.” Even after the injuries are treated and the accident is reported to higher-ups in management or an insurance company, this phrase is often repeated as if to say, we did nothing wrong, it’s your own fault. […]
Photo and Video Evidence: Always Allowed in Court?
Photographs and video present some of the most effective evidence possible in court. In the dark ages of photography it took a small investment to buy or rent video equipment. But now that nearly everyone has a basic camera and video capability at their fingertips through a cell phone, it’s […]
Does Open and Obvious Defense End an Injury Claim?
Open and obvious dangers present themselves every day. Cliffs or holes beside a road or walkway. Construction debris. The shallow end of a swimming pool, where reasonable people would never dive head-first. But in an injury claim where an insurer says the danger was open and obvious, does that end […]
Is There Tax on Personal Injury Settlements & Awards?
Generally speaking in a typical car accident settlement or slip and fall case the answer is no. The IRS excludes from taxable income damages received on account of personal physical injuries, whether by suit or settlement. Also excluded from taxable income are amounts received under workers compensation laws for injuries […]
Children Drawn To Danger: What Is The Attractive Nuisance Law?
Attractive nuisance laws describe hazards so fascinating to children they lure kids in. Serious injuries can result. Unguarded pools top the list of attractions irresistible to children yet potentially fatal. Curiosity thrives in children. They’re drawn to danger. Hazards irresistibly attract children while presenting hidden dangers. Abandoned refrigerators, holes in the ground, […]