Personal Injury Lawyers & Attorneys News

Colorado Woman Wins Lawsuit against Insurance Company

Tue, 02 Feb 2010 12:04:20 -0800

In LaFayette, Colorado, it is reported that a woman who was engaged in a legal battle with her insurance provider just won her case. Reports indicate that the woman filed her claim because her insurance company cut her benefits after she was involved in a major car accident.

The woman, Jennie Latham, says that both she and her husband suffered brain injuries and broken bones after being involved in a car crash which was not her fault. She had to be hospitalized for over a month after her accident. After returning home for a week following her hospitalization, she learned that Assurant Health had refused to pay for her medical expenses.

According to Latham, the medical bills caused her family financial devastation. She said, "We ended up losing everything. Our house. Our car was already totaled."

She said that Assurant Health failed to pay her medical bills after they claimed she lied on her application because she didn't mention she had taken a trip to an emergency room before her accident. She had gone to the hospital complaining of shortness of breath.

Latham's lawyer countered that nothing was medically wrong with her and the jury presiding over her case in Boulder County awarded her $37 million.

If you have been involved in an accident and are having difficulties with your insurance company, click here to locate a personal injury attorney!

Man Files Claim against the City of Fort Wayne

Sat, 23 Jan 2010 10:25:50 -0800

It is reported that a man, Nicholas S. Lehman of Fort Wayne, has filed a lawsuit against the city. Lehman claims that a finger he recently had reattached was severed while he was being booked at the Allen County Lockup and must be amputated.

Lehman was arrested on January 21, 2008 for a misdemeanor offense. While he was being booked by law enforcement officers, he alleges that he told records employee, Ryan Morgan, that he recently had surgery to reattach his right pinkie finger. He alleges that he also told Morgan he could not straighten that particular appendage. After the warning, Lehman claims that Morgan grabbed his hand, straightened his finger and ultimately tore his stitches. His finger was then detached from his hand.

Due to the severing of the finger, Lehman now faces amputation.

On Wednesday, Lehman filed his lawsuit in the Allen Superior Court against the city of Fort Wayne, the Fort Wayne Police Department and the Allen County Sheriff's departments. He also listed other officers and Morgan as defendants.

At this time, Lehman is citing negligence and is seeking monetary damages for "appropriate" relief and a jury trial.

A spokeswoman from the city refused to issue a comment stating that they do not talk about pending litigation
.
If you have been injured due to another person's negligence, click here to find a personal injury lawyer near you!

Lawsuit Filed Against Owners of a Chocolate Plant

Thu, 14 Jan 2010 10:41:04 -0800

On Tuesday, an attorney announced that a family would be filing a personal injury lawsuit against the owners of a Camden chocolate plant. The family alleges that Vincent Smith II, a temporary worker at the plant, died after falling into a melting vat while he was mixing cocoa.

The family decided to pursue their lawsuit after federal authorities cited the plant $39,000 for several safety violations. Each of the safety violations is listed in the family's lawsuit, which was filed on December 30th in Philadelphia.

On July 8, 2009, Smith was adding raw cocoa into an 8 foot mixing and melting tank. The tank didn't have any guardrails, which the family's lawyer says caused Smith to fall into a tank that contained 120 degree liquid and a rotating paddle, which struck Smith in the head.

The attorney for the family, Thomas R. Kline, also said that the floor around the tank was slippery due to melted chocolate, there were no warning signs, there were no emergency shut off switches and there wasn't any gear for other workers to rescue Smith with. Kline claims that due to all of the aforementioned factors, the company's owners should be found negligent and held liable for Smith's death.

The defendants listed on the lawsuit are Lyons & Sons Inc. and Cocoa Services along with contractors who designed and built the chocolate factory. Occupational Safety and Health Administration investigators said that Lyons and Cocoa Services were cited for failing to install safety railings above their tanks and also for lack of warning signs.

At this time, it has not been revealed how much compensation the family is seeking.

If you have lost a loved one due to the negligence of another person, click here to find a personal injury attorney who can help!

Girl Crushed By Cabinet, Mother Files Wrongful Death Suit

Tue, 12 Jan 2010 05:30:00 -0800

The mother of a teenage girl who died after being crushed by a filing cabinet has filed a lawsuit against the teen's employer.

Lori McCoy filed the wrongful death lawsuit against Dr. John A. Wade, Jr., his private practice, and the cabinet's manufacturer, Steelcase Inc.

McCoy's daughter, 17-year-old Andrya Lynn Jordan, was filing papers in a storage building when the 5-drawer cabinet fell on her, pinning her between the cabinet and a Jeep. In the lawsuit, McCoy claims that Dr. Wade failed to provide a safe and non-hazardous work environment.

It is unclear how the cabinet fell or what caused the cabinet to fall.

McCoy is seeking an unspecified amount in damages.

Neither Steelcase nor an attorney for Wade has commented on the case. A spokeswoman for Steelcase said she could not comment because the lawsuit was still pending, and an attorney for Wade could not be reached.

Injured in a workplace accident? If you or a loved one has been injured or killed in an accident while at work, click here to find a personal injury lawyer who can help you file a claim.

City Prohibits Buses and Trucks From Crossing Railroad Tracks

Sat, 09 Jan 2010 05:30:00 -0800

After a tour bus and two semi-trailer trucks got stuck on the railroad tracks and were consequently demolished, the city of Colorado Springs has announced that only passenger cars will now be allowed to cross the railroad tracks at Royer Street between Las Vegas Street and Fountain Boulevard.

There have been 24 crashes at the railroad crossing since 1975, making it one of the most dangerous crossings in the nation. For this reason, it is not a surprise that the city wants to prohibit large vehicles from crossing the tracks.

In order for the city to make the crossing safe for all vehicles, it would need to raise the street about four feet, which would cost about $1.5 million dollars.

For now, it's best for any large bus or semi truck to avoid crossing the tracks. If a vehicle were to get stuck on the tracks, and the drivers and passengers inside could not get out of the vehicle before a train came, they would undoubtedly suffer from severe injury, if not death.

If you or a loved one has been injured in a railroad or train accident, and you are interested in learning more about your legal rights, please click here to find a personal injury attorney near you!

Botox Trial Set in Southern California

Wed, 06 Jan 2010 13:47:22 -0800

In late January, a jury in Southern California will hear a lawsuit that has been brought against Allergan. Allergan is the manufacturer of the infamous anti-wrinkle drug, Botox. The lawsuit alleges that Allergan manufactured a dangerous and defective drug to consumers.

In July 2008, the dangerous drug lawsuit was file with the Superior Court of California in Orange Couty. According to reports, there are 15 plaintiffs listed on the civil action that are located throughout the United States. The plaintiffs claim that they were injured after receiving Botox injections to treat a vast array of medical conditions. Some of the plaintiffs claim that the drug wrongfully killed their family members.

In the lawsuit, the plaintiffs say that Allergan promoted off-label applications, which included the treatment of cerebral palsy, but the applications were never approved of by the Food and Drug Administration (FDA).

The plaintiffs also allege that the drug manufacturer failed to warn users and physicians of possible side effects and life-threatening injuries that could result from the injection of Botox. They are seeking both compensatory and punitive damages from Allergan.

If you have been harmed by a dangerous drug, click here to find a skilled personal injury lawyer!

Man Sues Toyota in West Virginia for Slip and Fall

Fri, 25 Dec 2009 07:47:28 -0800

Winfield, West Virginia - a man from Cabell County has filed a perosnal injury lawsuit against a Toyota plant in Buffalo. The man claims that he was injured after slipping and falling on a puddle of oil while in the facility.

The plaintiff, Martin Edmunds, filed his lawsuit on December 18th in the Putnam County Circuit Court. The defendant on the claim is Toyota Motor Manufacturing West Virginia Inc. Edmunds claims that Toyota is at fault because of the company's unsafe working conditions.

Edmunds says that he slipped on a mat that had been placed over an oil spill. His slip and fall accident occurred in December 2008. After falling, Edmunds' claims that he severely injured his back and that a fellow employee slipped and fell on the same spot. He said that the Toyota plant knew about the oil spill, but did not clean it up, which created an unsafe work environment.

Edmunds is seeking damages for his medical expenses, back injury, lost wages and pain and suffering.

If you have been injured due to unsafe work conditions, click here to find a personal injury lawyer!

Judge Says School District Can Be Sued for Bus Accident

Wed, 23 Dec 2009 12:04:27 -0800

A Pennsylvania judge has ruled that Cumberland Valley School District is not immune to being held liable for a school bus accident that resulted in the injury of a kindergartener.

James and Jean Hegarty, the parents of the boy who was injured, have sued the school district, the driver, and the bus owner for the 2006 accident.

The accident occurred when an 8-year-old boy placed his hands over the bus driver's eyes, causing him to veer off the road and hit a tree. The Hegartys are claiming that there should have been seat belts in the bus, that better discipline should have been in place, and that a barrier should exist that separates the driver from the students.

The district tried to argue that the Hegartys could not sue the district because of a state law that protects government entities from these types of lawsuits. But the judge ruled there is a loophole in law that makes it possible for governments to be sued for traffic accidents.

It is unclear how much the Hegartys are seeking in damages.

If your child has suffered an injury in a school bus accident, click here to find a personal injury attorney near you!

Apple Faced Class Action Lawsuit for Product Defect

Tue, 22 Dec 2009 15:50:53 -0800

Recently, TechCrunch reported that a U.S. federal court judge dismissed a class action suit that was brought against Apple. According to the report, plaintiffs filed the civil actions because they claimed Apple failed to disclose manufacturing defects that were present in the company's iMac models.

In the lawsuit, plaintiffs claimed that unwanted vertical lines would appear on the model's computer screen after the warranty period expired. They said Apple "internally recognizes and concedes" the product defect, but did not warn consumers who purchased iMacs.

A customer filed the lawsuit after noticing vertical lines on his computer's display in 2008. He bought his computer in October of 2006. The main plaintiff then urged others to partake in the lawsuit, making it a class action claim. Insiders say the case was dismissed because customers were including themselves in the lawsuit even when they did not see vertical lines or suffer injury (financial loss).

After the class action suit was dismissed, Apple issues firmware to address graphic issues on the company's latest 27" iMac models.

If you have suffered injury from a defective product, click here to find a personal injury lawyer!

Recovering Compensation in a Personal Injury Lawsuit

Fri, 18 Dec 2009 05:30:00 -0800

If you have suffered an injury due to the negligent or reckless conduct of another person or entity, you may be entitled to recover damages in a personal injury lawsuit. Generally speaking, victims of personal injury accidents can recover compensation for their:

· Current and future medical bills relating to their injury

· Lost wages

· Lost future wages and diminished earning capacity

· Pain and suffering

· Mental aguish

· Decreased enjoyment of life

· Property damage (if applicable)

The amount you recover in compensation will depend on the extent of your injuries, the extent to which your injuries affect your qualify of life, and how much the other party or parties are at fault for your injuries.

But in order to recover compensation, you will need to prove that your injury is the result of another person's negligence. This can include a driver who ran a stop sign and caused an accident, a doctor who failed to diagnose your medical condition, a product manufacturer who produced a defective product, or a property owner who failed to ensure his or her property was safe and secure.

The best way to learn if you have a valid personal injury claim is by contacting an experienced attorney. If you are interested in filing an injury, accident, or malpractice claim, but are unsure of where to begin, click here to find a personal injury lawyer near you!

Woman Sues Toys "R" Us for Slip and Fall Injuries

Wed, 16 Dec 2009 05:30:00 -0800

A woman in Illinois is suing a local Toy "R" Us department store in a premises liability lawsuit.

Vikka Swan is claiming she was injured after tripping and falling over landscaping stones located near the front entrance to the store. In the lawsuit, she alleges that the store was negligent in allowing the stones to be placed so close to the door, as well as for failing to remove them. She says they are clearly a tripping hazard.

Swan is seeking $150,000 in damages, plus all costs. She said she has suffered severe and permanent injuries, including a fractured elbow, sustained mental anguish, and pain and disfigurement. She is also claiming she can no longer attend to her usual affairs and duties.

In addition to Toys "R" Us, the other defendants in the lawsuit includes the store's manager, Michael Little, and the company that owns the story, Genesis Family Management.

A slip and fall accident can result in a number of very painful injuries that can permanently affect the quality of a person's life. If you have suffered an injury due to a slip and fall on another person's property, click here to find a personal injury lawyer near you to discuss your legal options!

Court Says Undocumented Workers are Eligible for Workers' Comp Benefits

Mon, 14 Dec 2009 05:30:00 -0800

In a controversial ruling, the Nebraska Court of Appeals upheld a lower court's ruling that an illegal immigrant who suffered an injury at the slaughterhouse where he worked is eligible to recover workers' compensation benefits.

Odilon Visoso, an employee of Cargill Meat Solutions, suffered an injury when a slab of meat fell off a hook and hit his neck, back, and shoulders. Visoso continued to work at the plant until he had surgery for his injuries. Cargill then fired Visoso after discovering he was an illegal immigrant.

Visoso eventually filed for workers' compensation benefits. Cargill argued that he shouldn't be eligible to receive workers' comp benefits since he is not a U.S. citizen.

But the Nebraska Workers' Compensation Court ruled that all employees who suffer an injury on the job, including undocumented workers, are eligible for workers' compensation benefits. When Cargill tried to appeal this ruling, the Court of Appeal upheld the lower court's ruling.

Visoso is now eligible to receive weekly payments of $343.04, compensation for future medical care relating to his injury, and other benefits.

If you have suffered an injury while at work or as a result of your job requirements, click here to find a workers' compensation attorney near you!

Truck Rollover Accident Takes out Fence and Utility Pole in Kentucky

Sat, 12 Dec 2009 13:49:31 -0800

In the state of Kentucky, police are saying that a recent truck accident may have been caused by weather conditions. On December 8th, a local truck driver lost control of his vehicle, which led to a massive rollover.

Police say that the accident occurred at 8 PM on Harrodsburg Road in Jessamine County. They allege that the truck driver had been heading toward Lexington when he was suddenly blinded by the high beams of an oncoming vehicle.

In order to avoid the oncoming driver, the truck driver swerved and crashed into a fence. This led to his truck rolling over and taking down a utility pole.

At the time of the accident, it had been raining heavily. Police say the weather most likely played a role in the truck rollover. Thankfully, officers say that the driver of the truck was not injured as his vehicle was only stocked with sawdust. Hazmat crews were dispatched to clean up some spilled fuel.

If you have been involved in a truck accident that led to you sustaining injuries, click here to find a truck accident attorney near you!

Woman Sues Motorist in Deadly Bike Accident Case

Thu, 10 Dec 2009 17:52:01 -0800

A Texas woman has sued the man responsible for killing her father while he was out riding his bicycle in a wrongful death lawsuit.

Emma Reyes is claiming that Jonathan Woods' negligent driving caused the bicycle accident that ultimately cost her father his life.

In the lawsuit, Reyes claims that Woods failed to keep a proper lookout when he was driving that fateful day in April. Reyes says her father was riding his bicycle in a "cautious and prudent manner" when he came to an intersection. The lawsuit alleges that Woods was driving at unsafe speeds when he passed through the intersection, striking and killing Reyes' father.

Reyes is seeking an unspecified amount in wrongful death damages.

Contact an Accident Lawyer for Help!

Countless people are seriously injured or killed while riding on bicycles by motorists who are driving recklessly or simply not paying attention. If you or someone you love has been injured or killed in a bicycle accident, click here to find a personal injury attorney in your state who can help you pursue a claim for compensation.

What is a Statute of Limitations?

Tue, 08 Dec 2009 12:25:15 -0800

In personal injury law, "statute of limitations" is a term that many people will come across whenever they plan to file a civil action. Statute of limitations is defined as the amount of time people have to file personal injury lawsuits after they have been injured by negligent parties.

In every state, the statute of limitations varies. If people do not file their lawsuits within the timeframe specified by their resident states' statute of limitations, they may lose their right to take legal action against negligent individuals.

For example, in the state of California, the law states that people have 2 years to file their personal injury lawsuits. This means that if a person is injured during an auto accident caused by another person's recklessness, he or she would have 2 years from the time of the accident to file a personal injury claim. If the injured person does not file a claim before the statute of limitations expires, the person will essentially forfeit his or her case.

Due to the fact the every state has differing timelines for filing injury claims, people will find it most advantageous to work with a knowledgeable personal injury lawyer. A personal injury attorney can ensure that appropriate legal action is taken prior to the expiration of the statute of limitations for each case.

Click here to find a personal injury law firm near you!