Tag: Injuries
PERSONAL INJURY “Eggshell Skull Doctrine”
The “eggshell skull doctrine” is a time-honored legal concept. It explains what happens when a person with a preexisting medical condition is injured in an accident. In an actual case a person suffered a rare genetic condition in which their skull was as thin and brittle as an eggshell. […]
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 […]
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: 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 […]
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 […]
Never Give “Statements” in Your Injury Case Without An Attorney
After an accident insurance companies want to take statements. It’s how they document claims. You have a duty to cooperate with your own insurance company. And, it’s a good idea to cooperate with the insurance company for the person or company that caused an injury. So, allow the insurance company to look at a car […]
