Tag: accidents
Car Strike Accidents & Negligence: Foreseeability
Do you remember when you rarely if ever heard about a car driving into a building? Now, if you watch the news, you see cars driving into buildings quite often. What’s with that? Are people so side tracked by cell phones and other distractions they forget they’re driving a car? […]
Injury Claim Handling: Hidden Pieces, Unknown Dynamics
Injury claim preparation requires piecing together many elements, some of which aren’t immediately obvious. Imagine a puzzle, but some pieces are hidden. Think about it. The furnace makes loud noise. Most homeowners won’t attempt to fix it. You need to fly cross country. Will you tune up the jet engines and pilot the aircraft yourself? Many jobs require expertise. […]
SNOW AND ICE PERSONAL INJURY CASES
Snow and ice cases, where injuries are claimed for a slip and fall, present unique issues. A slip and fall on slippery snow or ice can cause serious injuries. But, the happening of an accident and injuries does not automatically entitle the injured person to a recovery. Fault must be established on […]
LIENS ON PERSONAL INJURY CASES
Like locks on a gate, liens prevent final settlement of personal injury cases until they are addressed. Government liens, private liens, statutory liens and others lock down settlement until dealt with. Medicare & Medicaid Liens Medicare & Medicaid, by statute, have liens on injury cases where accident related bills have […]
Independent Medical Examination in Personal Injury: the “IME”
Independent Medical Examination is anything but independent. The exams, also called an “IME” are also not medical examinations in the sense of a physician performing an unbiased examination seeking clinical findings for the purpose of healing. IMEs are set up by insurance companies solely for insurance company purposes. So, the correct […]
PERSONAL INJURY: CAUSATION AND NEGLIGENCE
An unbroken chain must connect cause-and-effect between an accident and an injury in any case. It may seem obvious. But, causation is a fundamental element underlying every claim of negligence. As the question below shows, the critical legal element of causation must never be overlooked: Attorney Myers: My wife had […]
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 […]
Can a Personal Injury Case be Reopened After Settlement?
Question: When symptoms come back years after an accident is it too late to file a claim? My niece was in a car accident four years ago and broke her neck. She received a settlement check and her medicals bills were paid. Now, she is experiencing renewed pain and she […]
Injury Cases: 10 Reasons Not To Do It Yourself
Injury cases at first might seem deceivingly simple and straightforward. But once you run into unknown legal hurdles and insurance tricks you realize it’s not so simple. Here are 10 reasons not to try the do-it-yourself approach on your injury case: 10. Notice Provisions Many people understand statutes of limitation. […]
PERSONAL INJURY: Negligence Law & “Torts”
In the law, the word “tort” means a civil wrong. Latin play less of a role in the law as in previous eras. But, the word tort comes from “tortum” or “tortus” meaning injury. Personal injury law in its purest form is taught as “Torts” in law schools. The most […]
