Personal Injury Law Blogs

Trespassers Injured on Construction Sites – Can They Sue?

The short answer to this question is yes, but it is a qualified yes. Anyone can file a lawsuit requesting a court date for an initial hearing. The problems begin when the case is presented at the preliminary hearing. A lawsuit is a legal pleading for the court to grant the right to have a potentially legal breach presented in court. It is important for all parties involved to understand that a civil trial is different from a criminal trial and a plaintiff that was trespassing at the time of an injury may experience both proceedings.

Preliminary Hearing

The initial hearing in a civil trial is focused on establishing legal standing. Legal standing is the court determination that the plaintiff has filed a case of merit. The judge will rule that the merits of the case will allow the case to proceed to the next level of establishing evidence. Our construction attorney in New York explains that a standing hearing does not examine the evidence, it just establishes the fact that the plaintiff can actually sue for damages.

The respondent is also allowed to motion the court and this is normally a request for a summary dismissal when trespassing on a construction site is involved. The initial trespassing established in the preliminary hearing gives the respondent the legal standing to counter-sue and pursue criminal charges after the court record shows that the plaintiff was trespassing intently. Negligent, or mistaken, trespassing can be viewed benignly by the court. If the construction company can provide evidence of providing proper legal property posting and secured entrances, then the court may stop the proceeding because the respondent has demonstrated a reasonable duty of care.

Going to Trial

When the case goes to trial the plaintiff, or injured party, is required to prove the claims in the lawsuit. Anyone expecting to win a legal claim when they were trespassing will need an excellent experienced attorney. The respondent holds the right to cross-examine the plaintiff and require validation of all evidence presented. This can be done in a motion of discovery hearing between the preliminary hearing and actual trial and is another opportunity for the respondent to request dismissal.

The burden of proof standard in a civil proceeding is not beyond a reasonable doubt. It is a preponderance of the evidence. This is essentially a 51-49 weighing of the evidence and the results can often vary depending on the “weight” of the evidence. It is possible in cases of severe injury that the criminal charges will provide little resistance to stop the lawsuit.

Damages

There are two types of damage awards in civil cases. They are compensatory and punitive. Compensatory damages only include actual lost wages and expenses, but are not limited to the insurance policy maximum. Punitive damages are awarded in trials by juries that want to send a distinct and serious message to the respondent that the negligence presented in the case is an egregious breach of duty of care and will not be tolerated.

Damages are routinely evaluated by judges as excessive and can be modified by the court. However, punitive damages awards in similar cases can be used to negotiate a settlement, which is very often what occurs in negligence lawsuits. In cases that fit within the insurance protection, the construction company can opt to settle out of court if it lessens the total damages. 

Georgina Clatworthy writes on legal topics and is a former law blog editor.  She contributes this post on behalf of Canfield, Madden and Ruggiero.  For anyone looking for a construction attorney in New York, this firm has many years experience in handling construction accident cases and will always approach a claim with the clients best interests in mind.

Slip and Fall Injuries

The phrase “slip and fall” refers to accidents that occur due to a dangerous condition on someone else’s property. Slip and fall accidents can happen at any time. They can occur at shopping malls, restaurants, schools, theaters and homes. Sometimes, slip and fall accidents can cause serious injuries such as broken bones, spinal injuries, traumatic brain injury, herniated discs, concussions or other serious medical conditions. These types of injuries require lengthy recovery times and expensive medical treatments.

If you are involved in a slip and fall accident, do not give up any of your rights. Do not sign any documents at the scene. Even if you do not believe that you have been injured, visit a doctor immediately. Taking these important precautions will ensure that your rights are protected.

Take Steps to Protect Your Rights

Slip and fall accidents can occur when an owner fails to maintain their premises in a safe manner. Homeowners and business owners have a duty to maintain a safe environment for their guests, protecting them from risk of harm. When a hazard exists, the property owner has a duty to repair the dangerous condition or warn guests about the risk.

If you slip and fall at another’s home or place of business, do not sign any contracts or agreements at the scene. These may limit your ability to recover financially in case you have suffered an injury. Even if you do not feel that you have been injured, do not sign the paperwork. Injuries frequently take several days or even weeks to manifest.

Visit a Doctor Immediately

If you are injured on another person’s property, it is important to get a physical examination immediately. Even if you do not believe that you have been injured, sometimes you may experience delayed symptoms that require medical treatment. The initial exam is also crucial in case you decide to file a personal injury lawsuit based on the slip and fall. When you are examined shortly after the incident, your physician will have a baseline to gauge the severity of your symptoms. This initial examination ensures that the progression of your injuries is well-documented. Sometimes, symptoms do not manifest until hours or even days after the accident. A doctor can evaluate your symptoms and schedule follow-up examinations to monitor the extent of your injuries.

When you suffer a serious injury, you may be faced with expensive medical bills. If your injury requires surgery, you will need to allow yourself time to recover. Once you have been released from the hospital, you may require frequent follow-up examinations, physical therapy or other types of ongoing treatment. You may need to take expensive medications to manage your pain.

Seek Legal Advice

The severity of your injury may affect your ability to participate in your usual daily activities. Some types of injury may impact you permanently. They may affect your ability to work in the same capacity that you worked in prior to suffering the injury. You may be forced to take significant time off of work while you recover from your injury, suffering lost income during your recovery process.

If you are injured because of someone else’s negligence, you may be able to receive compensation for your medical expenses and lost income. A personal injury attorney can help you understand your rights and help you maximize your chances of recovery.

Food Poisoning Injuries

Food Poisoning Injuries

Food poisoning injuries are a growing epidemic in the United States. Many food producers have become less vigilant about food safety, and some restaurants and people who prepare food are also notorious for failing to adhere to food safety laws and regulations. Food poisoning injuries can be extremely dangerous to pregnant women, the elderly, people with weakened immune systems, people with diabetes and children. The Center for Disease Control tracks millions of cases of food poisoning each year, and statistics show that thousands of people are hospitalized every year because of food poisoning injuries.

Restaurant Food Poisoning Injuries

Many restaurant food poisoning injuries are minor, but with the high volume of food poisoning injuries, this still translates to thousands of people hospitalized every year due to food poisoning. Restaurant food poisoning injuries are absolutely unacceptable. Regulations on the food service industry are designed to protect consumers by dictating the temperature at which food must be stored, how food must be safely prepared, and cleanliness measures to prevent cross-contamination.

However, some restaurants show a clear disregard for these regulations, failing to take the necessary steps and causing diners to become ill. In some places, the fault lies with individual restaurant employees who are poorly trained or simply negligent. In any of these cases, negligence-related restaurant food poisoning injuries entitle you to a recovery.

Contaminated Food Presents Serious Risks

A more frightening and widespread risk is contaminated food. In the past several years, the FDA has announced several food recalls as a result of food contamination. Because of nationwide distribution techniques, contaminated food can easily travel around the country before cases of food poisoning injuries are reported and traced to a common source.

Even if you’re hundreds or thousands of miles from the source, you could still end up buying contaminated food in your local grocery store. Contaminated food cases are often the result of failure to adhere to FDA regulations. Negligence-related food contamination is unacceptable, and if you’ve suffered food poisoning injuries as a result of them, you may be entitled to a financial recovery.  To seek this recovery contact an experienced attorney that specializes in injury cases in LA for a free legal consultation.

Facts about Dog Bites and the Dogs Responsible

By far, dogs are the most common household pet in America, with 39% of households owning one or more dogs, according to the U.S. Humane Society. While many of these dogs are well-trained and loving, there are, unfortunately, many others that are aggressive and prone to harming a person if they become agitated or feel threatened. While any dog can become aggressive and bite someone, there are certain breeds that are statistically more likely to cause someone harm. These include the following:

  • Pit bulls
  • Rottweilers
  • German Shepherds
  • Chow Chows
  • Huskies
  • Akitas

While any of these and other breeds of dogs can be dangerous in certain situations, Merritt Clifton, editor of Animal People, compiled years of news accounts to reveal the following information about what are usually considered the most dangerous breeds, Pit Bulls and Rottweilers:

  • Of all the dog attacks in the country that caused physical harm to the victim, 77% were caused by these dogs
  • In all dog attacks, these dogs comprised 73% of the attacks affecting children and 81% of those affecting adults
  • These two breeds made up a majority of the attacks that resulted in fatalities or maiming

Despite the aggressiveness of these two breeds and others, it is always the responsibility of a dog’s owner to ensure that a dog is properly restrained, preventing serious harm from coming to an innocent person. Whether this means keeping the dog tied with a leash, fencing off an owner’s property, buying special harnesses and muzzles, or other safety measures, it is an owner’s duty to make sure their dog cannot harm someone else.

However, not all dog owners take the appropriate safety measures, causing other people, most often children, to suffer dog bite injuries. This can cause victims severe physical harm, not to mention emotional trauma and a hefty financial burden. Many dog bite victims choose to enlist the help of a personal injury lawyer to pursue legal action against the responsible dog owner and possibly secure compensation for their injuries.

Carlos is an experienced legal blogger who is a regular contributor to endertonlaw.com.

Claiming for Erb’s Palsy

If your baby has been diagnosed Erb’s Palsy, you will undoubtedly be devastated by the news. You will also probably be wondering why it has happened. Was it an unavoidable event that no action could have prevented? Or could your baby’s injury have been avoided with the right medical treatment?

What is Erb’s Palsy?

Erb’s Palsy is a serious birth injury that occurs when the baby’s shoulders gets stuck in the birth canal, compressing the chest and umbilical cord. This will prevent the baby from being able to breath – something which is evidently very dangerous. If the baby is starved of oxygen for too long, it may lead to brain damage or even death. Therefore medical professionals must act quickly to remove the baby from the birth canal, or the consequences could be highly distressing.

If a baby’s shoulders do become stuck, it may be necessary to perform an episiotomy to widen the vagina for delivery, and to use forceps or a ventouse to expedite the birth. Occasionally a significant amount of force will be needed to free the baby from the birth canal. However, all this can damage the baby’s neck and shoulders, harming the brachial plexus nerves that serve the neck and arms. This is known as Erb’s Palsy or brachial plexus injury.

The extent of the injury will vary from case to case according to how much damage the nerves have sustained. In some babies the injury will be immediately evident as their arms and neck will not function properly. In others the problem may only become apparent after several months when abnormal development is noticed.

However, it is important that Erb’s Palsy is diagnosed as quickly as possible. Indeed, it is a condition that can be rectified with physical therapy and, if necessary, surgical treatment. Nevertheless, this should be provided in the early stages of the condition, as this will ensure a baby as the best chance of recovery.

Who is to blame for my baby’s Erb’s Palsy?

But not all babies will regain normal function. Some will suffer symptoms into childhood and may even have problems for the rest of their lives. Some will even require long-term assistance. This of course can be very expensive, and it is possible that you will run into financial difficulties when trying to fund care for your child.

If so, there might be something you can do, as you might be able to claim compensation. It will, however, be necessary to establish that medical professionals were to blame for your child’s injuries. Of course, doctors will not always be responsible, as often they are only trying to avoid the dire consequences that come with a traumatic delivery – namely, the occurrence of brain damage due to oxygen starvation.

But if your baby was known to be extremely large, you should have been offered a caesarean section. If there was a failure to do so and your baby suffered nerve damage, you will be entitled to make a claim. Furthermore, if medical professionals are found to have used inappropriate techniques to free your baby from the birth canal, thereby causing Erb’s Palsy to develop, the standard of care will have fallen to a substandard level. Again, this means you will be entitled to make a claim.

Speak to us today

To find out whether medical professionals are to blame for your baby’s pain and suffering, contact one of our medical negligence solicitors today. We will be able to advise whether or not you and your family have been the victim of gross medical errors.

Making a Claim after A Road Accident

Guest post regarding making a claim after a road accident.

Many people think of injury claims as only relevant to accidents which occur within the workplace. However, this is not the case. Large numbers of people every year file successful claims for accidents which happen on our roads. No matter how careful a driver, cyclist or pedestrian, the road can be an unpredictable and dangerous place and there’s no reason that you should have to pay for the costs of an injury which you sustain as a result of somebody else’s carelessness.

Traffic incidents occur all the time, with varying levels of repercussions. Whether you were involved in a minor knock or an incident with long lasting implications for your health and well being, you could be entitled to compensation for the losses which accrue. As a careful driver, if you can prove that somebody else’s actions were to blame for the resulting accident, the chances are that your claim will be successful.

What sorts of costs can you recover?

In theory, you should be able to recover any costs which occur as a direct result of the accident in which you are involved. This might include medical treatment or even the purchase of certain items to make your life easier in your injured state. What can often end up being the largest compensation is the money which you can receive to reimburse you for loss of pay. Injuries of all kinds can often keep people out of work for a set amount of time. If you are unable to receive pay from your employer during this time, you should be entitled to the relevant compensation through your injury claim.

As well as covering payment lost from time off work and the fee for any physical injuries you may have sustained, it is also possible in some cases for you to make a claim on the basis of any mental trauma which you have suffered as a result of a car accident.

Being involved in an incident on the road can be extremely shocking and it is not at all uncommon for people to be left in shock. Particularly in cases where other passengers received more severe physical injuries than the person making the claim, the scope for mental trauma should not be underestimated.

Why Can You Claim?

The law says that it is fundamentally unfair for one person to experience loss at the fault of another. Injury claims are a perfect example of the law being put into action in this case. After road incidents, it can be difficult for those involved to make the transition back to normal life immediately. Whether it is because of a lasting injury or a trauma, people involved in road accidents often require some support. Injury claims see that the rehabilitation process is centred around this support, rather than the monetary worries which might otherwise ensue.

Personal Injury Claims at Work

The role of the HSE

The Health and Safety Executive (http://www.hse.gov.uk/) is the national regulator for health and safety in the workplace. As such they aim to reduce workplace related injury, death and illness. They do so by promoting training, providing regulations, research and investigation, enforcement. They will investigate the more serious cases of workplace related injuries and if they deem appropriate take legal action against the offending company (in Scotland it is the Crown Prosecution Service that is solely responsible for the raising of criminal proceedings).

This means that if you make a claim for personal injury against your employer, that may not be the only financial penalty placed on them. If the HSE successfully charge them under breach of the Health and Safety at Work Act 1974 then they will be likely to receive a fine from the courts too.

It is worth noting that this is a punitive measure aimed at ensuring that such accidents do not happen again and on a more national level; let other companies and employers know there is much less expensive to have working equipment and safe working environments than it is to wait for an incident to occur.

Some Cases from the HSE

An Aberdeenshire Haulage firm was fined £20,000.00 for an incident where an employee was knocked over and drove over by a tractor whilst standing in an area used to clean the vehicles. The employee suffered horrific injuries to his leg and pelvis and the HSE inspector assigned to the case stated that the accident could have easily been avoided. (http://www.hse.gov.uk/press/2012/rnn-sco-01012.htm)

Some Scottish Personal Injury Solicitors are: Thompsons (Scotland), Lawford Kidd, Digby Brown, Irwin Mitchell, Brodies, Digby Brown and Watermans.

A South Yorkshire firm was ordered to pay £142,000.00 in fines and costs in relation to serious safety breaches leading to a worker being killed. The death resulted from being crushed by a one and a half tonne steel girder. The employee was well experienced in the steel industry and was struck and crushed by the girder after a crane hook clamp snagged the girder knocking it over. The HSE officer in this case noted that a suitable risk assessment would have identified issues such as these and would have allowed for suitable measures to be taken. (http://www.hse.gov.uk/press/2012/rnn-yh-18612.htm)

Some Personal Injury Solicitors for England and Wales are: Thompsons Solicitors, Duncan Gibbins Solicitors, Blake Lapthorn, KTP Solicitors and Andrews Solicitor.

A Wokingham Business was fined in relation to two subcontractors being unwittingly exposed to asbestos fibres at Reading University. The fine was £28,000.00 and the company were also told to pay legal costs of a similar value. This was for failing to inform the company it subcontracted for upgrades at the university about the fact asbestos containing materials would be on site. The company were aware of the fact and did not pass the information on and as such two workers drilled through such material without taking the proper precautions. (http://www.hse.gov.uk/press/2012/rnn-se-18412.htm)

Personal Injury Solicitors that specialise in cases concerning Asbestos related illness are: Thompsons Solicitors / Thompsons (Scotland), Lawford Kidd, Irwin Mitchell, WE Solicitors and Simpson Millar

Making a Personal Injury Claim Against Your Employer

As with all cases the first step is to find legal representation. The firms listed above are a great place to start. You can also look to some of the national companies specialising in personal injury compensation claims such as: National Accident Helpline, Claims Direct and Injury Lawyers 4U. You may also have the ability to use the legal representative of a Trade Union, provided you are a member of one.

Following this you will be informed of the time scale to expect any possible resolution and the likelihood of a successful outcome. It is worth having a figure that you are willing to settle for. Obviously discuss this with your legal counsel, but sometimes there can be a lot of negotiation involved and the sooner you reach agreement the sooner the case is closed and you can move on. That is not to say always settle. Merely that going to court can be very stressful and will not always garnish the result you’re looking for. Also make sure to heed the advice you are given; be that how to communicate with your current or past employer.

British Transport Police officer reprimanded for dangerous driving that resulted in serious injury

The Evening Standard reports that a British Transport Police officer has been handed an eight-month suspended prison sentence after he hit and almost killed an up-and-coming young musician in London.

PC David Lynch was handed a suspended sentence by the Southwark Crown Court in addition to a number of other punishments, including his being banned from driving for 15 months, being ordered to retake his driving test, ordered to pay £1,000, subjected to a 7pm – 6am curfew for 3 months and instructed to undertake 240 hours’ community service. PC Lynch did not comment on the incident or the sentence.

The Southwark Crown Court handed this sentence to PC Lynch after he was convicted of dangerous driving as a result of hitting and almost killing a budding musician, Mr Joseph (“Pepe”) Belmonte, in Hackney. Mr Belmonte, 31, suffered horrific injuries in the crash, including injuries to his neck, spine and face. He also suffered a broken right arm and broken right fingers after being hit by PC Lynch’s police van. Mr Belmonte has to be placed in an induced coma for 9 days after the accident as his injuries were so severe.

PC Lynch was responding to an emergency call in March 2011 when the accident happened. He was driving at over 60 miles per hour through a 30 miles per hour zone in Hackney and lost control of his vehicle. He hit Mr Belmonte’s bicycle and the force of the accident threw Mr Belmonte across the police van’s bonnet and into an adjacent tree. Witnesses likened the incident to the tossing of a “ragdoll”.

The effect of the road traffic accident

Mr Belmonte stated through his personal injury solicitor that “I can’t really explain the effect it has had on my life. I am very depressed at the reality that I will never be the same person again.

“If the threat of a custodial sentence is what it takes to remind trained police officers on emergency calls that they take personal responsibility for their actions then it is a positive law that needs to stay in place.

“My primary concern now is to continue with my recovery and to continue with my music and film career.”

The accident has clearly had a significant effect upon Mr Belmonte’s life – a fact borne out by his mother’s statement yesterday that: “Physically, he will never be the same. Pepe was just a week away from launching his first album when he was hit. He has since spent 15 months recovering. It has had a huge impact on every area of his life.”

Mr Belmonte’s civil case for personal injury

As well as PC Lynch being convicted of a criminal offence, Mr Belmonte’s parents have also pursued a civil case for negligence against the British Transport Police. The case advanced would have been that PC Lynch had fallen below the standard of the reasonably careful driver in driving his police van and that this negligence had caused the accident and Mr Belmonte’s injuries. The British Transport Police admitted liability in this case last year.

Redmans Solicitors are road accident solicitors

Can Crash Test Dummies Really Simulate Human Injuries?

Crash test dummies have been used for many years in an effort to assess the safety aspects of automobiles. For quite some time, consumers have gotten into the habit of checking the most recent safety trials that feature crash test dummies prior to making automobile purchases. 

How Crash Test Dummies Evolved

First Technology Safety and Analysis experts have indicated that automakers began showing concern for auto safety in the 1930s when accident fatalities rose to 15.6 per 100 million miles driven. Researchers had been working to protect human beings during space, air and road travel, however, it was not possible at that time to attain realistic data unless humans were used in testing. Our Manhattan accident lawyers explain that that was completely out of the question so cadavers were used, but the process created too many problems. Some labs attempted to use animals which was equally troublesome. Therefore, researchers began developing anthropomorphic test devices, now known as crash test dummies.

Reliability Factors

The reliability of crash test dummy data has been scrutinized in a number of circumstances. For example, the impact of collisions on females and children is said to differ from that of the average male. Since the average crash test dummy is designed based upon the male body prototype, scientists and safety analysts insist that models need to be developed for women and children in order for the data to be relevant, factual and useful for determining car crash and impact safety.

Female Injuries are Different

It has been determined that when hit from behind, women are twice as prone to incur whiplash injuries than men. Because the crash test models have all been designed to replicate men, the statistics are not considered useful for female passengers, let alone children. Because women’s bodies are said to move faster in collisions, researchers tested for women in accidents at very low speeds to determine how their bodies would move when hit from behind. Research indicated that women were generally at much higher risk of sustaining an injury during any auto accident. Because of this, the crash test dummy statistics would need to be separated for men and women.

Female Crash Test Dummy Development

As a result of the statistics controversy that erupted after that discovery, researchers began working on developing a crash test dummy to represent an average female. Researchers subsequently developed computational female models called EvaRID (RID for Rear Impact Dummy). However, the model has only been in the market since the end of summer, 2012. Because of this, most crash test dummy statistics would only apply to accidents involving males alone.

Child Size Crash Test Dummies

It has also been found that children’s car seat safety is sorely lacking. There has been much controversy concerning the fact that belt positioning boosters are not covered by the federal safety standards. Issues with developing effective crash test dummies in children’s sizes are a key reason why child safety seats are without mandates for federal safety requirements. Therefore, the effectiveness of side, rear and rollover collisions has not been considered in any crash test dummy study. In addition, the various different sizes of children has played a part in a lack of suitable dummy designs for testing.

Due to all of the confusion about types and sizes of crash test dummies, the testing results should be considered relatively invalid when it concerns women and children. It will remain unclear whether crash test dummies are actually suitable for simulating human injuries until the testing requirements are scientifically identified. 

This article was written by Georgina Clatworthy, a former legal blog editor who contributes this article for Manhattan accident lawyers, a legal service provider aiming to connect accident victims and attorneys.  Their team knows that accident attorneys are a dime a dozen, but finding one who is trustworthy and with a proven track record is more difficult.  Through their service you can be assured of finding an attorney who will work with your best interests at heart.

Landmark Award Given to Montgomery Man for a Slip and Fall

Typically slip and fall accidents result in more minor injuries, such as scrapes, lacerations, or simple broken bones. However, there are instances in which a person sustains serious injuries after a slip and fall accident. One recent example of this was the sixteen foot fall Joshua Jaeger, a Montgomery, Illinois resident, took in 2009 which resulted in a broken femur and soft tissue injury to his back.

Because the injuries that Jaeger sustained drastically altered his life, preventing him from returning to work at a door repair service company and causing enduring pain, he enlisted the support of personal injury lawyer Joshua Weisburg to help him pursue action against the city of Elmhurst, the party he was holding responsible for his accident and subsequent injuries. While Jaeger was on a platform inspecting a broken spring on a garage door, the platform fell, causing Jaeger’s debilitating injuries. Jaeger and his attorney Weisburg alleged that, if not for a city employee’s negligence, the platform would not have fallen and, thus, the city should be responsible for the repercussions and losses the accident caused.

Following an initial settlement offering of $650,000, Jaeger and Weisburg took the claim to a county court, where the Dupage County jury eventually found the city responsible and awarded Jaeger $4.16 million, a landmark award for the type of injuries that Jaeger sustained. $1.86 million was given for loss of future wages, $1.3 million for Jaeger’s pain and suffering, and $1 million for loss of quality of life.

Like Jaeger, many slip and fall accident victims are compensated for lost current and future earnings, pain and suffering, and lost or decreased quality of life. Additionally, many also receive compensation for medical bills, therapy or rehabilitation costs, loss of companionship, and more. And, although not everyone qualifies to seek compensation in a personal injury claim, it’s always advisable to speak with a personal injury lawyer about any legal options available.