What if more than one party is responsible for my injuries?
If you were injured in an accident, it may be possible to hold another individual accountable by pursuing a personal injury lawsuit. In some cases, however, more than one person may be responsible for your injuries. In these circumstances you may still be compensated under the doctrine of comparative fault: the allocation...
What if more than one party is responsible for my injuries? Continue reading…Can You Sue City Hall?
Many individuals mistakenly believe that they cannot sue city hall, but this is not the case. Under the doctrine of sovereign immunity, town, city, county and state governments were once protected from most lawsuits. Today, those rules have been scaled back to some extent, and the government can be held responsible for...
Can You Sue City Hall? Continue reading…Insurance Bad Faith
If you or a loved one is injured in an accident you may be entitled to compensation which usually means dealing with an insurance company. Although insurers have an advantage because they have teams of attorneys and experts, the law requires insurance companies to treat claimants and policyholders fairly. While there may...
Insurance Bad Faith Continue reading…Strict Product Liability
If an individual is harmed by a purchased device or product, damages may be recovered under strict product liability. The plaintiff, however, must be able to prove several things in order to prevail in suit against a distributor, manufacturer, or retailer. Generally, the product must have been “in an unreasonably dangerous condition”...
Strict Product Liability Continue reading…If an intruder gets hurt on my property, am I liable?
A landowner owes a duty of care to everyone who enters his or her property, regardless of whether that person is a trespasser, a licensee, or an invitee. This article is a discussion of the standard of care a homeowner must take for a person who has no permission to be on...
If an intruder gets hurt on my property, am I liable? Continue reading…What is the burden of proof in a personal injury case?
“Burden of proof” refers to the requirement that a plaintiff must demonstrate to prevail in a lawsuit. In a criminal case, the burden of proof is “beyond a reasonable doubt,” meaning that the prosecutor must prove that a defendant is guilty to a degree that a reasonable person would not hesitate to...
What is the burden of proof in a personal injury case? Continue reading…Why Do I Need a Fence if I Have a Pool?
A person who has a pool, trampoline, swing set, or other similar structure in their yard is usually required, by their homeowner’s insurance, if not by law, to also have a fence. This is because these structures are seen by the law as attractive nuisances. This means that a child who sees...
Why Do I Need a Fence if I Have a Pool? Continue reading…What is soft tissue damage and how is it treated?
Soft tissue damage refers to damage done to the muscles, ligaments, and tendons throughout the body. Often referred to as sprains, strains, contusions and tendonitis, soft tissue damage is usually caused by a traumatic event such as a slip and fall or a traffic accident. It can result in swelling, bruising, and...
What is soft tissue damage and how is it treated? Continue reading…Factors Used to Determine Fault in a Traffic Accident
When the courts are asked to determine liability in a personal injury case involving a traffic accident, one of the first things a jury is asked to consider is who is at fault for the accident. There are several factors that are taken into consideration when making that determination.
Factors Used to Determine Fault in a Traffic Accident Continue reading…How do I know if I have a slip and fall case?
A person who slips or trips on another person’s property may be entitled to damages for resultant injuries. In order for a slip and fall to be compensable, there must have been an unsafe condition on the property. Unsafe conditions include icy accumulation, wet or slippery floors, badly damaged sidewalks and debris...
How do I know if I have a slip and fall case? Continue reading…Common Claims in Personal Injury Cases
There are a number of issues that can come up in a personal injury case. Every personal injury case will include a claim for compensatory damages, meant to compensate the plaintiff for any loss. It is important to include all claims that apply in a lawsuit because, if one is omitted, there...
Common Claims in Personal Injury Cases Continue reading…Can You Sue if You Signed A Liability Waiver?
You might be asked to sign a liability waiver before engaging in a recreational activity. For some endeavors that seem naturally dangerous, this will come as no surprise. But, in day to day life, you might come in to contact with liability waivers on a more frequent basis than you expect. You...
Can You Sue if You Signed A Liability Waiver? Continue reading…