Personal Injury Blog

Summer is almost here and many of us are already planning our outdoor expeditions. Safety first is the rule for any hiking or camping trip, but unfortunately not all backcountry injuries can be avoided.
So what happens if you’re injured while hiking or camping this summer? If the injuries weren’t your fault, could someone else be liable?

On Tour
If you’re injured while part of a tour group or organized expedition, you may have a claim against the tour company. A couple years ago, a teen was swept out to sea by a rogue wave while part of a kayaking and hiking tour in Hawaii. As it turned out, the tour company didn’t have a permit to access the tidal pool area where the wave hit, and the teen’s parents sued the company, believing the company’s negligence led to their son’s death.
In order to prove negligence against a hiking or camping tour company, you would need to show that the company owed you a duty of care, that they breached the duty, and that the breach was the proximate (foreseeable) cause of your injuries.
State and National Parks
Most of us will do our hiking and camping in state or national parks, like Yosemite in California, Yellowstone in Wyoming, the Great Smoky Mountains in North Carolina, or Glacier National Park in Montana. National parks are operated and maintained by the National Park Service. So what happens if you’re injured while hiking or camping in a national park?
In general, property owners are responsible for maintaining a safe environment for invitees and must exercise reasonable care for the safety of visitors. However, for a long time government entities were protected under “sovereign immunity,” which prohibited premises liability lawsuits against the government. That changed with the Federal Tort Claims Act which allows injury lawsuits against the federal government.
The FTCA has strict guidelines regarding how a claim against the government can be filed and when. You may want to consult with an experienced injury attorney to make sure you’re complying with any local, state, or federal filing rules.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
Yosemite Deaths: How Safe Are National Parks? (FindLaw’s Injured)
Camping Injuries: Who to Sue if a Tree Falls on You (FindLaw’s Injured)
Injured Rescuer Sues Teen Who Needed Rescuing (FindLaw’s Legally Weird)

Source: Legal Law Firm

Summer is almost here and many of us are already planning our outdoor expeditions. Safety first is the rule for any hiking or camping trip, but unfortunately not all backcountry injuries can be avoided.
So what happens if you’re injured while hiking or camping this summer? If the injuries weren’t your fault, could someone else be liable?

On Tour
If you’re injured while part of a tour group or organized expedition, you may have a claim against the tour company. A couple years ago, a teen was swept out to sea by a rogue wave while part of a kayaking and hiking tour in Hawaii. As it turned out, the tour company didn’t have a permit to access the tidal pool area where the wave hit, and the teen’s parents sued the company, believing the company’s negligence led to their son’s death.
In order to prove negligence against a hiking or camping tour company, you would need to show that the company owed you a duty of care, that they breached the duty, and that the breach was the proximate (foreseeable) cause of your injuries.
State and National Parks
Most of us will do our hiking and camping in state or national parks, like Yosemite in California, Yellowstone in Wyoming, the Great Smoky Mountains in North Carolina, or Glacier National Park in Montana. National parks are operated and maintained by the National Park Service. So what happens if you’re injured while hiking or camping in a national park?
In general, property owners are responsible for maintaining a safe environment for invitees and must exercise reasonable care for the safety of visitors. However, for a long time government entities were protected under “sovereign immunity,” which prohibited premises liability lawsuits against the government. That changed with the Federal Tort Claims Act which allows injury lawsuits against the federal government.
The FTCA has strict guidelines regarding how a claim against the government can be filed and when. You may want to consult with an experienced injury attorney to make sure you’re complying with any local, state, or federal filing rules.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
Yosemite Deaths: How Safe Are National Parks? (FindLaw’s Injured)
Camping Injuries: Who to Sue if a Tree Falls on You (FindLaw’s Injured)
Injured Rescuer Sues Teen Who Needed Rescuing (FindLaw’s Legally Weird)

Source: Legal Law Firm

Prosecutors charged Bumble Bee Foods and two managers after a worker was cooked to death in an industrial oven along with six tons of tuna. Plant Operations Director Angel Rodriguez and former safety manager Saul Florez could face 3 years in prison and the Bumble Bee could pay $1.5 million in fines for violating workplace safety standards.
But what about the family of the man who died, Jose Melena? Does workers’ compensation cover death in the workplace? Or will survivors need to file a wrongful death claim?

Death Benefits
Melena, 62, was killed in 2012 and left behind six children and seven grandchildren. California’s workers’ compensation system, like that in many other states, provides death benefits to spouses, children, or other dependents if an employee dies in a work-related incident.
The state’s Department of Industrial Relations determines the amount based on the number of total and partial dependents and pays benefits on a weekly basis. The statute of limitations on the collection of death benefits is one year. These requirements may be different in other states.
Without knowing how many of Melena’s children remain dependent on his income, it is tough to say how much his family might receive, but the state caps death benefits from workers’ compensation at $320,000.
Wrongful Death
In most cases, employees are prohibited from suing their employers for workplace injuries because they are covered by workers’ compensation insurance. However, if a person dies as a result of someone else’s negligence or misconduct, his or her survivors may be able to file a wrongful death claim.
In order to succeed in a wrongful lawsuit, the survivors must prove:

The death of a person;
Due to another’s negligence; and
The surviving family members have suffered some monetary injury as a result of the death.
In this case, supervisors thought Melena was in the bathroom when in fact he was cleaning the industrial cooker when they filled it with 12,000 pounds of tuna and turned it on. Bumble Bee has already paid nearly $74,000 in fines, and it remains unclear whether Melena’s family has filed a lawsuit against the company.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Bumble Bee Plant Reopens After Worker Killed in Oven; Family Speaks Out (Los Angeles’s ABC7)
Workers’ Comp: What Injuries Are Covered? (FindLaw’s Injured)
Workers’ Compensation Basics (FindLaw)

Source: Legal Law Firm

Prosecutors charged Bumble Bee Foods and two managers after a worker was cooked to death in an industrial oven along with six tons of tuna. Plant Operations Director Angel Rodriguez and former safety manager Saul Florez could face 3 years in prison and the Bumble Bee could pay $1.5 million in fines for violating workplace safety standards.
But what about the family of the man who died, Jose Melena? Does workers’ compensation cover death in the workplace? Or will survivors need to file a wrongful death claim?

Death Benefits
Melena, 62, was killed in 2012 and left behind six children and seven grandchildren. California’s workers’ compensation system, like that in many other states, provides death benefits to spouses, children, or other dependents if an employee dies in a work-related incident.
The state’s Department of Industrial Relations determines the amount based on the number of total and partial dependents and pays benefits on a weekly basis. The statute of limitations on the collection of death benefits is one year. These requirements may be different in other states.
Without knowing how many of Melena’s children remain dependent on his income, it is tough to say how much his family might receive, but the state caps death benefits from workers’ compensation at $320,000.
Wrongful Death
In most cases, employees are prohibited from suing their employers for workplace injuries because they are covered by workers’ compensation insurance. However, if a person dies as a result of someone else’s negligence or misconduct, his or her survivors may be able to file a wrongful death claim.
In order to succeed in a wrongful lawsuit, the survivors must prove:

The death of a person;
Due to another’s negligence; and
The surviving family members have suffered some monetary injury as a result of the death.
In this case, supervisors thought Melena was in the bathroom when in fact he was cleaning the industrial cooker when they filled it with 12,000 pounds of tuna and turned it on. Bumble Bee has already paid nearly $74,000 in fines, and it remains unclear whether Melena’s family has filed a lawsuit against the company.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Bumble Bee Plant Reopens After Worker Killed in Oven; Family Speaks Out (Los Angeles’s ABC7)
Workers’ Comp: What Injuries Are Covered? (FindLaw’s Injured)
Workers’ Compensation Basics (FindLaw)

Source: Legal Law Firm

Have you ever been to San Francisco’s city hall? Like so many across the nation, it’s huge and beautiful. Inside, past security and a dark hallway, you enter into a bright atrium with a grand staircase and a beautiful dome. But let’s say as you walk up the staircase to get your picture taken, you slip on a puddle, fall backwards, bonk your head, and break a leg.
If this happened in a store, you would sue the store owner for your slip and fall. But, can you sue the government for a fall in city hall?

Suing City Hall
The short answer is yes. (And of course, by city hall, we mean essentially any property that is controlled and operated by some sector of government.) The longer answer is more complicated.
Before, most cities, states, and the federal government had sovereign immunities laws that prevented individuals from suing the government for injuries or damages. However, the Federal Tort Claims Act, passed in 1946, allowed private parties to sue the federal government for torts committed by people acting on behalf of the federal government.
Most other states also have passed their own laws that allow people to sue their local government for injuries. Going back to S.F. for a moment, California’s Government Code section 945 states, “A public entity may sue and be sued.” These laws do vary state by state. Some states only allow people to sue if the government was negligent. Some states only allow claims for injuries caused by “special defects” that present unusual and unexpected dangers.
How To Sue
Against any other defendant, you would go straight to court and file a lawsuit. But, the government is a bureaucracy, and bureaucracies love hurdles.
File a Claim First
When trying to get money out of the government, you must first file a claim with the local government entity. Most states and cities have some kind of claim form that you can fill out.
Once you’ve filed a claim, the government will review your claim and either accept it and compensate you for your injury, or deny your claim. If, and only after, your claim is denied, you can file a lawsuit to sue the government.
Statute of Limitation
If you want to file a claim against the government, don’t dawdle. Most states have shorter statutes of limitations on claims against the government. A statute of limitation is a time limit on when you can bring a claim or lawsuit for your injury. In California, you must file a claim with the government within six months of an injury. If your claim is denied, you must file your lawsuit within six months of receiving the denial of claim.
If you’ve been injured by an accident on government property, consult with an experienced personal injury attorney as soon as possible to ensure that your claim is timely and properly filed. Because if you do it right, you can sue city hall. And win.
Related Resources:

Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Injured at School? Can You Sue? (FindLaw’s Injured)
Can You Sue for Injuries in Jail or Prison? (FindLaw’s Injured)
Sue the Government Over Potholes, Salt Damage? (FindLaw’s Injured)

Source: Legal Law Firm

Have you ever been to San Francisco’s city hall? Like so many across the nation, it’s huge and beautiful. Inside, past security and a dark hallway, you enter into a bright atrium with a grand staircase and a beautiful dome. But let’s say as you walk up the staircase to get your picture taken, you slip on a puddle, fall backwards, bonk your head, and break a leg.
If this happened in a store, you would sue the store owner for your slip and fall. But, can you sue the government for a fall in city hall?

Suing City Hall
The short answer is yes. (And of course, by city hall, we mean essentially any property that is controlled and operated by some sector of government.) The longer answer is more complicated.
Before, most cities, states, and the federal government had sovereign immunities laws that prevented individuals from suing the government for injuries or damages. However, the Federal Tort Claims Act, passed in 1946, allowed private parties to sue the federal government for torts committed by people acting on behalf of the federal government.
Most other states also have passed their own laws that allow people to sue their local government for injuries. Going back to S.F. for a moment, California’s Government Code section 945 states, “A public entity may sue and be sued.” These laws do vary state by state. Some states only allow people to sue if the government was negligent. Some states only allow claims for injuries caused by “special defects” that present unusual and unexpected dangers.
How To Sue
Against any other defendant, you would go straight to court and file a lawsuit. But, the government is a bureaucracy, and bureaucracies love hurdles.
File a Claim First
When trying to get money out of the government, you must first file a claim with the local government entity. Most states and cities have some kind of claim form that you can fill out.
Once you’ve filed a claim, the government will review your claim and either accept it and compensate you for your injury, or deny your claim. If, and only after, your claim is denied, you can file a lawsuit to sue the government.
Statute of Limitation
If you want to file a claim against the government, don’t dawdle. Most states have shorter statutes of limitations on claims against the government. A statute of limitation is a time limit on when you can bring a claim or lawsuit for your injury. In California, you must file a claim with the government within six months of an injury. If your claim is denied, you must file your lawsuit within six months of receiving the denial of claim.
If you’ve been injured by an accident on government property, consult with an experienced personal injury attorney as soon as possible to ensure that your claim is timely and properly filed. Because if you do it right, you can sue city hall. And win.
Related Resources:

Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Injured at School? Can You Sue? (FindLaw’s Injured)
Can You Sue for Injuries in Jail or Prison? (FindLaw’s Injured)
Sue the Government Over Potholes, Salt Damage? (FindLaw’s Injured)

Source: Legal Law Firm

You’ve got questions … we’ve got answers. If you have not yet asked or answered a
question in FindLaw’s Answers community, what are you waiting for? This amazing free resource
supports a dynamic community of legal consumers and attorneys helping each
other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here’s a look
at some recent questions relating to injuries, accident, and torts from our
FindLaw Answers boards.

My neighbor and I aren’t on the best of
terms (we’ve had to complain several times about his late-night parties). Last
week, I fell down the stairs of my apartment complex and ended up breaking my
leg and hip. My neighbor saw me fall from across the courtyard, but just walked
away! Even after I yelled for help and asked him to call 911! It took two hours
for someone to finally walk by and call for help. Can I sue my neighbor for the
pain and suffering I endured during those two hours I had to wait for help?

Wow, this poster’s neighbor certainly won’t be winning the
“neighbor of the year” award anytime soon! As crazy as it sounds, the general
legal rule is: people don’t have a duty to help or assist another person
that is injured or in danger. This legal rule was created to address potential
liability issues that make come up if someone were to help an injured person. What if the rescuing person
actually made the injury worse? Is it fair to punish someone for being a Good
Samaritan? The courts wanted to make a black-and-white rule, so they decided
not to create a duty
to rescue at all.

So unfortunately for this poster, he or she probably won’t
be able to sue the neighbor for failing to help. Of course there are always
exceptions. One such exception might apply if the neighbor created the
condition that caused the injury (e.g. as a prank, the neighbor left something
right outside the poster’s front door, ultimately causing the fall down the
stairs). The Answers Community ended up advising the poster to talk to an experienced personal injury attorney to discuss the case and determine whether the landlord might actually be liable for the injuries.I slipped and fell on some water in the
middle of a grocery store aisle. There was no sign warning about the wet floor,
so I feel like the store is responsible for my injuries. What are my next
steps?

Whether this poster has a strong slip-and-fall
case against the grocery store, depends on the specific facts of the
situation. The burden of proof is on the poster to prove that the store knew or
should have known that the water might cause a fall. An experienced personal injury
attorney would assess the grocery store’s liability in light of several
factors, including:

How the water got to be on the floor (e.g. did someone
spill the water, or was the water set to over-spray in the produce aisle?);How long the water had been on the floor?Whether the store was on notice that there was
water on the floor? Whether the store should have been on notice that there was water on the floor?

In addition to contacting an attorney, the poster was also
advised to collect and document evidence as soon as possible. This would include taking
pictures at the scene of the accident, taking pictures of the injury, and
making an appointment to see a doctor. Well-organized documentation will not
only help the doctor make an accurate diagnosis, it will also strengthen
a case during settlement negotiations and/or during trial.Got a question of your own? Be sure to ask our Answers Community for their suggestions. It is easy to do and a good way to get a start on finding any legal help you might need. Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)When Is It Too Late to Sue for Injury? (FindLaw’s Injured)Slip-and-Fall: Do You Have a Case? (FindLaw’s Injured)

Source: Legal Law Firm

You’ve got questions … we’ve got answers. If you have not yet asked or answered a
question in FindLaw’s Answers community, what are you waiting for? This amazing free resource
supports a dynamic community of legal consumers and attorneys helping each
other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here’s a look
at some recent questions relating to injuries, accident, and torts from our
FindLaw Answers boards.

My neighbor and I aren’t on the best of
terms (we’ve had to complain several times about his late-night parties). Last
week, I fell down the stairs of my apartment complex and ended up breaking my
leg and hip. My neighbor saw me fall from across the courtyard, but just walked
away! Even after I yelled for help and asked him to call 911! It took two hours
for someone to finally walk by and call for help. Can I sue my neighbor for the
pain and suffering I endured during those two hours I had to wait for help?

Wow, this poster’s neighbor certainly won’t be winning the
“neighbor of the year” award anytime soon! As crazy as it sounds, the general
legal rule is: people don’t have a duty to help or assist another person
that is injured or in danger. This legal rule was created to address potential
liability issues that make come up if someone were to help an injured person. What if the rescuing person
actually made the injury worse? Is it fair to punish someone for being a Good
Samaritan? The courts wanted to make a black-and-white rule, so they decided
not to create a duty
to rescue at all.

So unfortunately for this poster, he or she probably won’t
be able to sue the neighbor for failing to help. Of course there are always
exceptions. One such exception might apply if the neighbor created the
condition that caused the injury (e.g. as a prank, the neighbor left something
right outside the poster’s front door, ultimately causing the fall down the
stairs). The Answers Community ended up advising the poster to talk to an experienced personal injury attorney to discuss the case and determine whether the landlord might actually be liable for the injuries.I slipped and fell on some water in the
middle of a grocery store aisle. There was no sign warning about the wet floor,
so I feel like the store is responsible for my injuries. What are my next
steps?

Whether this poster has a strong slip-and-fall
case against the grocery store, depends on the specific facts of the
situation. The burden of proof is on the poster to prove that the store knew or
should have known that the water might cause a fall. An experienced personal injury
attorney would assess the grocery store’s liability in light of several
factors, including:

How the water got to be on the floor (e.g. did someone
spill the water, or was the water set to over-spray in the produce aisle?);How long the water had been on the floor?Whether the store was on notice that there was
water on the floor? Whether the store should have been on notice that there was water on the floor?

In addition to contacting an attorney, the poster was also
advised to collect and document evidence as soon as possible. This would include taking
pictures at the scene of the accident, taking pictures of the injury, and
making an appointment to see a doctor. Well-organized documentation will not
only help the doctor make an accurate diagnosis, it will also strengthen
a case during settlement negotiations and/or during trial.Got a question of your own? Be sure to ask our Answers Community for their suggestions. It is easy to do and a good way to get a start on finding any legal help you might need. Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)When Is It Too Late to Sue for Injury? (FindLaw’s Injured)Slip-and-Fall: Do You Have a Case? (FindLaw’s Injured)

Source: Legal Law Firm

According to the National Highway Transportation Safety Administration, only 70 percent of recalled vehicles ever get the necessary repairs.
Sometimes, owners ignore recalls. Sometimes, owners never get recall letters. Often, people buy cars used and don’t know that the cars were recalled. The law does not require owners to notify subsequent buyers of recalls on their cars. Ultimately, the responsibility to check for recall rests with the current owner of the car.
So if you’ve missed a recall, and got in a car accident that might have been caused by a defect in your car, can you still sue?

Get Your Car Fixed
The best thing to do is be proactive. Regularly check your car for recalls, especially when you buy a used car. NHTSA has a tool on its website that you can use to check your car for relevant recalls.
If you do discover that your car has been recalled for any reason, get it fixed. NHTSA states that there is no time limit on getting your recalled car fixed. So even if you discovered a recall five years after it was issued, dealers will usually still honor the recall and fix your car.
There are some exceptions that may prevent your car from getting fixed. For example, cars that are older than 10 years at the time a recall was issued may not be fixed at no cost to the owner. However, if a defect makes your car unsafe to drive, do not neglect to get it fixed.
Statute of Limitation
If you’ve already been involved in a car accident caused by a recalled defect, you’ll want to consult an attorney as soon as possible. Most states have statutes of limitation for bringing lawsuits.
A statute of limitation is a time limit, created by law, on how long after an injury or accident you can bring a claim for damages. For example, Alabama has a one year statute of limitation for product defect claims. This means that you have one year after an injury caused by a product defect is or should have been discovered to file a claim.
Contributory and Comparative Negligence
If you’ve ignored a recall, the car manufacturer may try to argue that you should not be compensated because you are either contributorily negligent or comparatively negligent.
Contributory and comparative negligence asserts that you also acted negligently and caused part of your injury. Under contributory negligence, if your refusal to get a recalled defect fixed was a major cause of your accident, you won’t be able to recover any damages. Under comparative negligence, your damages recovery may be reduced in proportion to your fault for causing the damage. So if you were 25 percent at fault, your damages award will be reduced by 25 percent.
If you’ve been injured in a car accident due to a defect, an experienced personal injury attorney can help you assess your injury and your options.
Related Resources:

Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Car and Motor Vehicle Recalls: Resources (FindLaw’s Learn About The Law)
GM Recall: Do You Need a Lawyer? (FindLaw’s Injured)
Can I Sue After a Recall? (FindLaw’s Injured)

Source: Legal Law Firm

According to the National Highway Transportation Safety Administration, only 70 percent of recalled vehicles ever get the necessary repairs.
Sometimes, owners ignore recalls. Sometimes, owners never get recall letters. Often, people buy cars used and don’t know that the cars were recalled. The law does not require owners to notify subsequent buyers of recalls on their cars. Ultimately, the responsibility to check for recall rests with the current owner of the car.
So if you’ve missed a recall, and got in a car accident that might have been caused by a defect in your car, can you still sue?

Get Your Car Fixed
The best thing to do is be proactive. Regularly check your car for recalls, especially when you buy a used car. NHTSA has a tool on its website that you can use to check your car for relevant recalls.
If you do discover that your car has been recalled for any reason, get it fixed. NHTSA states that there is no time limit on getting your recalled car fixed. So even if you discovered a recall five years after it was issued, dealers will usually still honor the recall and fix your car.
There are some exceptions that may prevent your car from getting fixed. For example, cars that are older than 10 years at the time a recall was issued may not be fixed at no cost to the owner. However, if a defect makes your car unsafe to drive, do not neglect to get it fixed.
Statute of Limitation
If you’ve already been involved in a car accident caused by a recalled defect, you’ll want to consult an attorney as soon as possible. Most states have statutes of limitation for bringing lawsuits.
A statute of limitation is a time limit, created by law, on how long after an injury or accident you can bring a claim for damages. For example, Alabama has a one year statute of limitation for product defect claims. This means that you have one year after an injury caused by a product defect is or should have been discovered to file a claim.
Contributory and Comparative Negligence
If you’ve ignored a recall, the car manufacturer may try to argue that you should not be compensated because you are either contributorily negligent or comparatively negligent.
Contributory and comparative negligence asserts that you also acted negligently and caused part of your injury. Under contributory negligence, if your refusal to get a recalled defect fixed was a major cause of your accident, you won’t be able to recover any damages. Under comparative negligence, your damages recovery may be reduced in proportion to your fault for causing the damage. So if you were 25 percent at fault, your damages award will be reduced by 25 percent.
If you’ve been injured in a car accident due to a defect, an experienced personal injury attorney can help you assess your injury and your options.
Related Resources:

Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Car and Motor Vehicle Recalls: Resources (FindLaw’s Learn About The Law)
GM Recall: Do You Need a Lawyer? (FindLaw’s Injured)
Can I Sue After a Recall? (FindLaw’s Injured)

Source: Legal Law Firm

Car accidents are never pleasant, but they can really spoil a perfect vacation when they occur while you are traveling. And an injury can make it even worse.
In many ways, international car accidents are handled in similar ways to those at home. But there might be some big differences, depending on where you’re visiting. Here are some things to consider if you are injured in a car accident in another country.

First Steps
What you do right after a car accident abroad should be the same as what you do after an accident at home. First, assess the damage. Make sure everyone is OK, that anyone injured receives medical attention, and that the cars involved in the accident are not a danger to other traffic or pedestrians.
Second, alert the authorities. Whether you’re in Rome, Italy or Rome, Georgia, you should call the police to any serious auto accident. Having an official report of the accident will help later.
Third, document the accident. To the extent you can, make your own notes and take your own photos of the crash and any injuries in case any conflict arises later.
International Insurance
Much of the above advice is designed to help in future insurance filings. Whether your car insurance covers an accident in another country will probably depend on what kind of insurance you have and what country you are in. You should check with your policy to see if you are covered if you’re driving your own car in another country like Mexico or Canada.
If you rented a car in another country and purchased insurance for the rental, you should contact the rental company and/or the insurance carrier immediately after any accident. It would also be a good idea to get as much insurance information from the other driver, if possible.
If you or the other driver was uninsured, or if you are having difficulty dealing with an insurance agency, you might want to contact an injury attorney to assist in handling your claim.
Related Resources:

Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Do You Need a Lawyer for Your Car Accident Case? (FindLaw’s Injured)
Car Accident Checklist: 5 Things to Do at the Scene (FindLaw’s Injured)
Is It Too Late to File My Car Accident Claim? (FindLaw’s Injured)

Source: Legal Law Firm

Car accidents are never pleasant, but they can really spoil a perfect vacation when they occur while you are traveling. And an injury can make it even worse.
In many ways, international car accidents are handled in similar ways to those at home. But there might be some big differences, depending on where you’re visiting. Here are some things to consider if you are injured in a car accident in another country.

First Steps
What you do right after a car accident abroad should be the same as what you do after an accident at home. First, assess the damage. Make sure everyone is OK, that anyone injured receives medical attention, and that the cars involved in the accident are not a danger to other traffic or pedestrians.
Second, alert the authorities. Whether you’re in Rome, Italy or Rome, Georgia, you should call the police to any serious auto accident. Having an official report of the accident will help later.
Third, document the accident. To the extent you can, make your own notes and take your own photos of the crash and any injuries in case any conflict arises later.
International Insurance
Much of the above advice is designed to help in future insurance filings. Whether your car insurance covers an accident in another country will probably depend on what kind of insurance you have and what country you are in. You should check with your policy to see if you are covered if you’re driving your own car in another country like Mexico or Canada.
If you rented a car in another country and purchased insurance for the rental, you should contact the rental company and/or the insurance carrier immediately after any accident. It would also be a good idea to get as much insurance information from the other driver, if possible.
If you or the other driver was uninsured, or if you are having difficulty dealing with an insurance agency, you might want to contact an injury attorney to assist in handling your claim.
Related Resources:

Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Do You Need a Lawyer for Your Car Accident Case? (FindLaw’s Injured)
Car Accident Checklist: 5 Things to Do at the Scene (FindLaw’s Injured)
Is It Too Late to File My Car Accident Claim? (FindLaw’s Injured)

Source: Legal Law Firm

Construction is a hazardous job filled with perils that could cause illness, injuries, and even death.
According to OSHA, 20 percent of all workplace fatalities in 2013 occurred in construction. This equals 828 deaths. While there are many sources of construction site injuries, construction’s Fatal Four accounts for over 57 percent of construction workers’ deaths in 2013.

Construction’s Fatal Four
OSHA identifies the four leading causes of worker death on construction sites as:

Falls — Falls caused 302 deaths in 2013. Construction workers are often required to work from high scaffolding, ladders, windows, or roofs. OSHA regulation 1926.501 requires employers to have fall protection systems such as guardrail systems, safety nets, or personal fall arrest systems.
Being struck by objects — Falling objects caused over 80 deaths when they struck unsuspecting workers below. OSHA regulation 1926.501(c) specifically addresses protection from falling objects. The regulations require employers to erect canopies, toe boards, screens or guardrails systems and to keep objects away from edges from which they could fall. Employees must also wear hardhats.
Electrocutions — Electrocutions follows closely behind being struck by objects, causing 71 fatalities in 2013. According to OSHA, employers have a duty to ensure that electric equipment are free from recognized hazard likely to cause death or physical harm to employees.
Being caught in or between equipment — This fourth cause of construction deaths trails far behind the other 3, only causing 21 deaths in 2013. In these situations, construction workers are often caught in large machinery or between large fallen supplies.
In happier news, the number of work place deaths has actually declined 66 percent since 1970.
Workers’ Compensation
If you’ve been injured in a workplace accident, you may be eligible for workers’ compensation. Workers’ compensation will pay for your medical bills and compensate you for lost wages. How much money you’ll get and whether you qualify depends on the workers’ compensation laws of your state.
However, you’ll generally be eligible for workers’ compensation if you can show that the injury was work related. Work related means the injuries were caused by the conditions of your work place or your work duties.
If you’ve been injured, go to a doctor and get treatment immediately. Then, notify your employer of the injury, and file a claim as soon as possible. Most workers’ compensation laws have time limits on when you can file a workers’ compensation claim.
An experienced local workers’ compensation attorney will be able to help you assess your injury and file a timely claim.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can You Get Workers’ Comp for a Back Injury? (FindLaw’s Injured)
Can I Get Workers’ Comp For Stress? (FindLaw’s Injured)
Can I Use Workers Comp’ Insurance on Medical Marijuana? (FindLaw’s Injured)

Source: Legal Law Firm

Construction is a hazardous job filled with perils that could cause illness, injuries, and even death.
According to OSHA, 20 percent of all workplace fatalities in 2013 occurred in construction. This equals 828 deaths. While there are many sources of construction site injuries, construction’s Fatal Four accounts for over 57 percent of construction workers’ deaths in 2013.

Construction’s Fatal Four
OSHA identifies the four leading causes of worker death on construction sites as:

Falls — Falls caused 302 deaths in 2013. Construction workers are often required to work from high scaffolding, ladders, windows, or roofs. OSHA regulation 1926.501 requires employers to have fall protection systems such as guardrail systems, safety nets, or personal fall arrest systems.
Being struck by objects — Falling objects caused over 80 deaths when they struck unsuspecting workers below. OSHA regulation 1926.501(c) specifically addresses protection from falling objects. The regulations require employers to erect canopies, toe boards, screens or guardrails systems and to keep objects away from edges from which they could fall. Employees must also wear hardhats.
Electrocutions — Electrocutions follows closely behind being struck by objects, causing 71 fatalities in 2013. According to OSHA, employers have a duty to ensure that electric equipment are free from recognized hazard likely to cause death or physical harm to employees.
Being caught in or between equipment — This fourth cause of construction deaths trails far behind the other 3, only causing 21 deaths in 2013. In these situations, construction workers are often caught in large machinery or between large fallen supplies.
In happier news, the number of work place deaths has actually declined 66 percent since 1970.
Workers’ Compensation
If you’ve been injured in a workplace accident, you may be eligible for workers’ compensation. Workers’ compensation will pay for your medical bills and compensate you for lost wages. How much money you’ll get and whether you qualify depends on the workers’ compensation laws of your state.
However, you’ll generally be eligible for workers’ compensation if you can show that the injury was work related. Work related means the injuries were caused by the conditions of your work place or your work duties.
If you’ve been injured, go to a doctor and get treatment immediately. Then, notify your employer of the injury, and file a claim as soon as possible. Most workers’ compensation laws have time limits on when you can file a workers’ compensation claim.
An experienced local workers’ compensation attorney will be able to help you assess your injury and file a timely claim.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can You Get Workers’ Comp for a Back Injury? (FindLaw’s Injured)
Can I Get Workers’ Comp For Stress? (FindLaw’s Injured)
Can I Use Workers Comp’ Insurance on Medical Marijuana? (FindLaw’s Injured)

Source: Legal Law Firm

If a patient dies because of misconduct by doctors or medical personnel, surviving family members may be able to recover damages by bringing a wrongful death lawsuit. And if medical malpractice causes a mother to die during her pregnancy or childbirth, her survivors, including the baby could file a wrongful death of the mother claim.
While these claims may look like standard wrongful death or medical malpractice lawsuits, there are some considerations to keep in mind in the situation that occurs when a mother has died before or during childbirth.
Who Can Be Sued
Like most medical malpractice claims, doctors and other medical professionals involved in a mother’s care may be liable. For example, a doctor could prescribe the wrong medication during pregnancy, or a surgeon could act negligently while conducting a cesarean section procedure. If a mother requests pain medication, the anesthesiologist may also be responsible for her care and well-being.
An overlooked area in many wrongful death lawsuits are medical devices. If a medical device is defective or malfunctions during childbirth, the designer, manufacturer, or distributor may be liable for damages.
What Must Be Proved
Wrongful death of the mother claims also have similar elements to standard medical malpractice claims. In order to demonstrate fault on the part of doctors or other medical professionals, the plaintiff must prove:

The mother died;
The death was due to negligence, recklessness, or intentional misconduct by medical personnel; and
The plaintiff suffered some harm due to the death.
The harm could be medical or funeral expenses, loss of wages or companionship, or general pain and suffering.
When a Claim Must Be Filed
Any claim has a statute of limitations that limits the time you have to bring a case. Medical malpractice and wrongful death claims may have shorter limits, depending on what state you live in. If an expecting mother has died to due negligent medical treatment, you should consult an experienced medical malpractice attorney as soon as possible about your case.
Related Resources:

Have an injury claim? Get your
claim reviewed for free. (Consumer Injury)Wrongful Death: Who Can File? (FindLaw’s Injured)Medical Malpractice: First Steps of a Case (FindLaw’s Injured)
Birth Injury Resources (FindLaw)

Source: Legal Law Firm

If a patient dies because of misconduct by doctors or medical personnel, surviving family members may be able to recover damages by bringing a wrongful death lawsuit. And if medical malpractice causes a mother to die during her pregnancy or childbirth, her survivors, including the baby could file a wrongful death of the mother claim.
While these claims may look like standard wrongful death or medical malpractice lawsuits, there are some considerations to keep in mind in the situation that occurs when a mother has died before or during childbirth.
Who Can Be Sued
Like most medical malpractice claims, doctors and other medical professionals involved in a mother’s care may be liable. For example, a doctor could prescribe the wrong medication during pregnancy, or a surgeon could act negligently while conducting a cesarean section procedure. If a mother requests pain medication, the anesthesiologist may also be responsible for her care and well-being.
An overlooked area in many wrongful death lawsuits are medical devices. If a medical device is defective or malfunctions during childbirth, the designer, manufacturer, or distributor may be liable for damages.
What Must Be Proved
Wrongful death of the mother claims also have similar elements to standard medical malpractice claims. In order to demonstrate fault on the part of doctors or other medical professionals, the plaintiff must prove:

The mother died;
The death was due to negligence, recklessness, or intentional misconduct by medical personnel; and
The plaintiff suffered some harm due to the death.
The harm could be medical or funeral expenses, loss of wages or companionship, or general pain and suffering.
When a Claim Must Be Filed
Any claim has a statute of limitations that limits the time you have to bring a case. Medical malpractice and wrongful death claims may have shorter limits, depending on what state you live in. If an expecting mother has died to due negligent medical treatment, you should consult an experienced medical malpractice attorney as soon as possible about your case.
Related Resources:

Have an injury claim? Get your
claim reviewed for free. (Consumer Injury)Wrongful Death: Who Can File? (FindLaw’s Injured)Medical Malpractice: First Steps of a Case (FindLaw’s Injured)
Birth Injury Resources (FindLaw)

Source: Legal Law Firm

Not everybody gets to work in a nice quiet office. Many people work in loud factories or on construction sites with constant booming and heavy machinery noise.
According to the Occupational Safety and Health Administration, nearly 30 million people are exposed to hazardous noise levels at work every year. Long term exposure to high levels of noise can cause permanent tinnitus or hearing loss. OSHA sets employee noise exposure limits at 90dBA for 8 hours a day, and only 2 hours of exposure to 100 dBA sound levels.
So if you experience hearing loss while working in a noisy environment, you may be eligible for workers’ compensation.

Hearing Loss Workers Comp
Workers’ compensation statutes are different in each state. Some states recognize hearing loss as a compensable work injury covered by workers’ compensation.
For instance, Pennsylvania’s Workers’ Compensation Act states that a hearing loss of 10 percent or more in both ears is covered by workers’ compensation. If you have permanent hearing loss, you can get 66.66 percent of your wages for 260 weeks for each 10 percent of hearing loss. So if you have 20 percent hearing loss you can get compensation for up to 520 weeks.
If you have prior hearing loss, then the new work related hearing loss must equal at least an extra 10 percent loss. So if you had a 20 percent hearing loss before you started work, your work must have caused you 10 more percent of hearing loss, 30 percent total, before you are eligible for workers’ compensation.
Most other states that recognize hearing loss worker’s compensation claims have similar provisions, but it is still wise to check your state’s specific laws.
Work Related
As with all workers’ compensation claims, you must be able to show that your hearing loss was work related.
Employers and insurance companies may try to point to advanced age, or the fact that you like to listen to loud music as the cause of your hearing loss. It may be easier for you to prove work related hearing loss if you work in a noisy environment where you have to wear protective gear to cover your ears.
If noise is a constant feature of the work environment, employers often require employees to take a hearing test before starting their employment. These tests may help the employer show that only part of your hearing loss was work related and that you had hearing loss before you started working for them. However, you can still get workers’ compensation when conditions at work aggravate a prior injury.
If you believe that your hearing loss may be work related, consult with an experienced workers’ compensation attorney right away to evaluate your claim. Depending on where you live, you may have a limited amount of time to make a claim.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can I Get Workers’ Comp For a Heart Attack? (FindLaw’s Injured)
Can I Get Workers’ Comp For Stress? (FindLaw’s Injured)
Can I Get Workers’ Comp For Food Poisoning At Work? (FindLaw’s Injured)

Source: Legal Law Firm

Not everybody gets to work in a nice quiet office. Many people work in loud factories or on construction sites with constant booming and heavy machinery noise.
According to the Occupational Safety and Health Administration, nearly 30 million people are exposed to hazardous noise levels at work every year. Long term exposure to high levels of noise can cause permanent tinnitus or hearing loss. OSHA sets employee noise exposure limits at 90dBA for 8 hours a day, and only 2 hours of exposure to 100 dBA sound levels.
So if you experience hearing loss while working in a noisy environment, you may be eligible for workers’ compensation.

Hearing Loss Workers Comp
Workers’ compensation statutes are different in each state. Some states recognize hearing loss as a compensable work injury covered by workers’ compensation.
For instance, Pennsylvania’s Workers’ Compensation Act states that a hearing loss of 10 percent or more in both ears is covered by workers’ compensation. If you have permanent hearing loss, you can get 66.66 percent of your wages for 260 weeks for each 10 percent of hearing loss. So if you have 20 percent hearing loss you can get compensation for up to 520 weeks.
If you have prior hearing loss, then the new work related hearing loss must equal at least an extra 10 percent loss. So if you had a 20 percent hearing loss before you started work, your work must have caused you 10 more percent of hearing loss, 30 percent total, before you are eligible for workers’ compensation.
Most other states that recognize hearing loss worker’s compensation claims have similar provisions, but it is still wise to check your state’s specific laws.
Work Related
As with all workers’ compensation claims, you must be able to show that your hearing loss was work related.
Employers and insurance companies may try to point to advanced age, or the fact that you like to listen to loud music as the cause of your hearing loss. It may be easier for you to prove work related hearing loss if you work in a noisy environment where you have to wear protective gear to cover your ears.
If noise is a constant feature of the work environment, employers often require employees to take a hearing test before starting their employment. These tests may help the employer show that only part of your hearing loss was work related and that you had hearing loss before you started working for them. However, you can still get workers’ compensation when conditions at work aggravate a prior injury.
If you believe that your hearing loss may be work related, consult with an experienced workers’ compensation attorney right away to evaluate your claim. Depending on where you live, you may have a limited amount of time to make a claim.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can I Get Workers’ Comp For a Heart Attack? (FindLaw’s Injured)
Can I Get Workers’ Comp For Stress? (FindLaw’s Injured)
Can I Get Workers’ Comp For Food Poisoning At Work? (FindLaw’s Injured)

Source: Legal Law Firm

Many of us don’t think twice when friends ask to borrow our car. We trust them.
But, what happens when they get into an accident? Are you liable for the damage, even if you weren’t driving?

Vicarious Liability
I have good news and bad news. Let’s start with the bad news.
When you loan someone your car, you become liable for their actions through vicarious liability. For example, California Vehicle Code section 17150 states, “Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle … by any person using … the same with the permission of the owner.” So, even if you weren’t driving the car, victims may sue you for damages caused by another person driving your car.
Most states that hold owners liable for another driver’s actions limit the owners’ liability. California Vehicle Code section 17151(a) limits an owner’s liability to $15,000 if the accident causes injury to one person and $30,000 if two or more people are injured. Owners are also liable for up to $5,000 in property damage.
These limits don’t apply when you were negligent yourself in lending your car to the other driver. This usually means you loaned your car to an unlicensed driver or someone with a known habit of unsafe driving. You are also negligent if you knew there was a defect in the car, but let someone else drive it anyway.
Car Insurance
The good news is that you probably won’t have to pay for all the damages out of pocket. Your car insurance follows the car, not the driver. So even if you weren’t driving the car, your car insurance will cover the damage caused by and to your car.
Your car insurance will be considered the primary insurance. It will be used first to cover damages. If your friend also has car insurance, his insurance will be secondary, meaning it will cover damages after the limits of your policy have been reached. If the damage exceeds your policy limit, and your friend doesn’t have his own car insurance, you will have to pay the rest of the damages out of pocket.
However, all of this is assuming your friend was at fault in the accident. If the other driver was at fault, you’ll make a claim with her insurance to cover the damages. Hopefully, she’s not uninsured.
If you or a friend has been involved in a car accident in your car, an experienced personal injury attorney will help you assess your options and make an insurance claim.
Related Resources:

Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
‘Family Car’ Doctrine: Liability for a Kid’s Wreck (FindLaw’s Injured)
Is It Too Late to File My Car Accident Claim? (FindLaw’s Injured)
5 Things a Car Accident Lawyer Needs to Know About Your Case (FindLaw’s Injured)

Source: Legal Law Firm

Many of us don’t think twice when friends ask to borrow our car. We trust them.
But, what happens when they get into an accident? Are you liable for the damage, even if you weren’t driving?

Vicarious Liability
I have good news and bad news. Let’s start with the bad news.
When you loan someone your car, you become liable for their actions through vicarious liability. For example, California Vehicle Code section 17150 states, “Every owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in the operation of the motor vehicle … by any person using … the same with the permission of the owner.” So, even if you weren’t driving the car, victims may sue you for damages caused by another person driving your car.
Most states that hold owners liable for another driver’s actions limit the owners’ liability. California Vehicle Code section 17151(a) limits an owner’s liability to $15,000 if the accident causes injury to one person and $30,000 if two or more people are injured. Owners are also liable for up to $5,000 in property damage.
These limits don’t apply when you were negligent yourself in lending your car to the other driver. This usually means you loaned your car to an unlicensed driver or someone with a known habit of unsafe driving. You are also negligent if you knew there was a defect in the car, but let someone else drive it anyway.
Car Insurance
The good news is that you probably won’t have to pay for all the damages out of pocket. Your car insurance follows the car, not the driver. So even if you weren’t driving the car, your car insurance will cover the damage caused by and to your car.
Your car insurance will be considered the primary insurance. It will be used first to cover damages. If your friend also has car insurance, his insurance will be secondary, meaning it will cover damages after the limits of your policy have been reached. If the damage exceeds your policy limit, and your friend doesn’t have his own car insurance, you will have to pay the rest of the damages out of pocket.
However, all of this is assuming your friend was at fault in the accident. If the other driver was at fault, you’ll make a claim with her insurance to cover the damages. Hopefully, she’s not uninsured.
If you or a friend has been involved in a car accident in your car, an experienced personal injury attorney will help you assess your options and make an insurance claim.
Related Resources:

Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
‘Family Car’ Doctrine: Liability for a Kid’s Wreck (FindLaw’s Injured)
Is It Too Late to File My Car Accident Claim? (FindLaw’s Injured)
5 Things a Car Accident Lawyer Needs to Know About Your Case (FindLaw’s Injured)

Source: Legal Law Firm