Tag: accident lawyer
PERSONAL INJURY: Reasonable Person Standard
Negligence happens when a person does one of two things: Fails to do something that a reasonable person would do, guided upon those considerations which ordinarily regulate the conduct of human affairs; or Does something that reasonable person would not do. Common law evolves slowly. The reasonable man concept is […]
PERSONAL INJURY: Class Action Lawsuits
Class action lawsuits bring together a number of people all claiming damages resulting from the same or similar wrongs. Defective products and medication exemplify class action cases. Claims by many join to create a class action. Defective birth control devices linked to cervical cancer formed the basis of one class […]
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: 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 […]
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 […]
Personal Injury: Emotional Distress
Stress infiltrates our lives. Between bills, demanding jobs, nerve-wracking traffic, getting kids to their activities and other worries, who isn’t stressed? How do courts distinguish every day stress from trauma that crosses the line? For years, courts rejected emotional distress claims. They feared “opening the floodgates”. Foreign Objects in Food […]
Personal Injury – Preexisting Injuries and Conditions
“Bad things happen to good people.” But, what if they happen twice? You suffer an injury, and while healing you have an accident. Or, you have a medical condition worsened by an accident. Preexisting injuries and conditions are not as unusual as you might think. Basic Law on Preexisting Injuries and Conditions A person […]
How Can Waiting to File a Personal Injury Claim Hurt?
Letting the clock run on a personal injury claim rarely helps. Statutes of limitations require a case to be filed in a court with proper jurisdiction within a given time after an injury or the claim is barred forever. Such statutes generally vary from one to three years. When people […]
Personal Injury: Claims Against The Government
Government Immune to Claims The concept of sovereign immunity historically shielded government entities at all levels against liability, meaning they could not be sued. “The King can do no wrong” is the way it was put in the distant past. Even though there was no King in the United States, […]
Personal Injury: Expert Testimony
Heavy impact on the human body can fracture bones. This seems obvious. But, in a court of law, cause and effect and the extent of damages must be supported by expert medical testimony. For example, a passenger in a motor vehicle breaks an arm when the driver looks down to change the […]
