Major
Injury Law
Personal injury is no laughing matter and it can be from mild
to devastating in form. Personal
injury lawsuits are on the rise due to increases in
negligence,
medical
malpractice and a rush to get products to market without
thorough testing. Public awareness is also a contributing factor
to the increase of injury lawsuits.
If you've received an injury that you think is someone
else's fault, then you've come to the right place. Or, perhaps
you're unsure if what has happened to you qualifies as a personal
injury then check out the pages on this site for more information.
A personal injury, after
it first occurs, is a critical time. When discussing
the event it is important to first determine what the injury is
and what caused it. Some injuries might include a head trauma
due to a car accident,
a leg gash due to a boating accident, a "slip and fall"
due to a wet floor or a hand wound due to a defective or dangerous
product. No two physical traumas are the same, so noting all of
the specifics will be helpful in the long-run.
The most prevalent personal
injury cases involve auto accidents, dog bites and
slip and fall accidents. These types of claims make up the "standard"
cases that most personal
injury lawyers handle on a daily basis. There may be
however, larger and more complex lawsuits that PI lawyers and
law offices get involved in as well, such as product
liability claims.
On the Rise ...
Product liability claims are on the rise in the pharmaceutical,
auto manufacturer and construction industries. Merck and Company
has voluntarily recalled Vioxx
when studies indicated that Vioxx may cause an increased risk
for heart attack and stroke. General Motors, Toyota and others
have recalled millions of vehicles for several different issues
involving consumer safety. In the construction industry, many
high profile cases have been filed for asbestos
and mesothelioma
(cancer) related afflictions. Personal injury law or tort law
has been applied to many such cases lately.
Some other lawsuits with long-term consequences are brain
injuries and birth
injuries.
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For the person receiving
the brain trauma, the long-term consequences can be devastating
to themselves and their families. With more long-term data
now more than any other time in history, cases for brain
injured clients can be built even when there has been little
or no outward signs that a trauma has occurred.
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Birth injury claims can also be sought for the same reasons,
though most afflictions of this type do have obvious and outward
signs of the damage. Cerebral palsy, dislocated shoulders, broken
collar bones, limp arms, brain trauma and Group-B Strep are all
common kinds of impairments that occur during the birth of a child.
Afflictions of this nature can be due to malpractice or from negligence
on the part of the doctors and medical staff. If a child has been
harmed during birth it is important to retain a PI lawyer immediately
so that witnesses with fresh memories can be deposed and records
gathered.
Those who receive any kind of trauma
caused by another party should be encouraged to
keep diligent records right from the beginning. Whether these
records are stored in a diary or on audio tape or typed neatly
on a home computer, matters not.
What matters is that the documents contain names, dates, places
and as much detail as possible as to what occurred and what was
said by whom so that later these notes can be referred to and
used in a settlement or in court if needed. Photographs are also
a valuable tool as photographic evidence can be very persuasive
in court.
The idea of record-keeping, though, will seem counter-intuitive
to most who have just received a wound and are still in crisis.
So, asking a spouse or trusted friend to dictate notes may relieve
some of this burden.
Remember that an impairment may have longer term consequences
than anyone may ever imagine, so it is important that the damaged
party do what they can to make sure they're covered in the long-run.
Having a comprehensive record of
events and timelines will help in achieving this
goal. Tort laws are on the books to protect those who have been
harmed by the negligence or willfulness (maliciousness) of another
party.
If you believe you've received such a personal injury then discuss
this with an attorney in your jurisdiction who offers a free consultation
(most do). It's good to know your rights when it comes to tort
law, so check out this entire website as it is filled with helpful
hints, tips and suggestions. Also, check out the blog
to find out the latest happenings and lawsuits.
Updated February 3, 2021
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