Personal Injury, Civil Remedies

ERISA Litigation Alert: Check Your Plan Subrogation and Reimbursement Language to Eliminate “Contractual Gaps”

by Richard Birmingham | Davis Wright Tremaine LLP on 5/21/2013

In U.S. Airways v. McCutchen, the U.S. Supreme Court upheld the ability of U.S. Airways’ health plan to recover medical expenses that it previously paid to the injured party from a third party settlement, but remanded the...more

Today’s Take: Don’t Mess With Elders

by Rodney Lee | Ervin Cohen & Jessup LLP on 5/21/2013

It is an unfortunate reality that as people get older, they become more and more susceptible to influence, abuse, and neglect. In fact, California has recognized that its elders are a disadvantaged class, that the cases of...more

Discoverability of Documents in Insurance Bad Faith Claims

by Pavlack Law, LLC on 5/17/2013

This week we take a look at the ability to discover documents from an insurance company's claim's file in an insurance bad faith claim through the recent Southern District of Indiana decision in Woodruff v. American Family...more

California Appellate Courts Impose Significant Limitations on Plaintiffs’ Claims for Medical Damages

by Marc Brainich | Sedgwick LLP on 5/16/2013

In two recent opinions, the California Court of Appeal has clarified and expanded the scope of the California Supreme Court’s holding in Howell v. Hamilton Meats and Provisions, Inc., 52 Cal.4th 541 (2011), regarding the...more

Medical Costs Involved With Serious Spinal Cord Injury Cases

by Law Office of Dean Standish Perkins and... on 5/15/2013

Severe spinal cord injuries (SCI) can cause partial or complete paralysis and result in a lifetime of medical care. ...more

Yamaha Must Pay $3.3M for Selling Dangerous Rhino

by Sylvia Hsieh | Lawyers.com on 5/14/2013

Rhino-maker Yamaha Motor Corporation must pay $3.3 million for an unsafe 660 UTV vehicle that overturned and crushed its driver....more

Q&A With Carlton Fields' Wendy Lumish

by Wendy Lumish | Carlton Fields on 5/14/2013

Q: What is the most challenging case you have worked on and what made it challenging? A: Frankly, many of my cases are extremely challenging because I am generally defending a large corporation against a horribly injured...more

Weekly Law Resume - May 9, 2013: A Single Statutory Settlement Offer Made to Multiple Plaintiffs in a Wrongful Death Suit is Valid

by Thomas LoSavio | Low, Ball & Lynch on 5/14/2013

Amy Jo McDaniel, et al. v. Loyd Richard Asuncion Court of Appeal, Fifth District (March 27, 2013) California has a statutory settlement procedure (Code of Civil Procedure § 998) by which a party may make a written...more

I have never been in so much pain. Why does my insurance company insist that I have suffered a “minor” injury?

by Marc A. Flisfeder | Lerners LLP on 5/14/2013

In September, 2010, the Statutory Accident Benefits Schedule (“SABS”) was amended to introduce the Minor Injury Guideline (“MIG”). Many people are surprised to hear that their injuries are being described as “minor”. In fact,...more

How to Deal with Property Damage After a Bicycle Accident

by Demas Law Group on 5/13/2013

While most people think of injuries to their bodies in a bicycle accident, there are other costs associated with this type of crash. Of course, physical injuries are the most serious type. Most people would rather suffer a...more

Illinois Construction Site Accident Yields Unprecedented Award

by Hoffman DiMuzio on 5/9/2013

Ronald Bayer fell off an iron beam while working on the construction site of an Illinois warehouse in 2007 and landed head first on the concrete 20 feet below. He sustained severe injuries: paralysis from the chest down and...more

Filing Indiana Med Mal Complaint via Third-Party Carrier Does Not Toll Statute of Limitations

by Pavlack Law, LLC on 5/9/2013

In this installment we discuss the recent Indiana Court of Appeals decision Moryl v. Ransone, which addresses the impact on the statute of limitations of filing a medical malpractice claim with the Indiana Department of...more

White Paper: The Other Shoe Drops – Corenbaum Answers Questions Raised by Howell

by Thomas LoSavio | Low, Ball & Lynch on 5/8/2013

In Howell v Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 the California Supreme Court decided that a plaintiff’s recovery for past medical expenses is limited to the amount paid for the medical expenses after any...more

What Are My Rights if I Was in a Hit-and-Run Bicycle Accident?

by Demas Law Group on 5/8/2013

Hit-and-run accidents are becoming epidemic in our society. Some attribute this surge to lax enforcement of criminal laws; others say that the number of unlicensed and uninsured drivers plays a role. Most likely, the reasons...more

Ontario Court Dismisses “Speculative” Challenge to a Prospective Wind Turbine Project

by Jack Coop, Jennifer Fairfax, Daniel Kirby, Lindsay Rauccio, Patrick Welsh | Osler, Hoskin & Harcourt LLP on 5/7/2013

In Wiggins v. WPD Canada Corporation, the Ontario Superior Court of Justice dismissed the plaintiffs’ claims for injunctive relief and $16.6 million in damages against a prospective (not yet approved) wind turbine project,...more

When Should I Settle My Motorcycle Accident Case?

by Demas Law Group on 5/7/2013

In any case in which an individual is injured, there is a process of negotiation with insurance companies, the at-fault driver and other parties who may be responsible for payment of medical bills, lost wages and other...more

First Circuit Vacates Denial Of Class Certification In Opinion Concerning Pfizer’s Off-Label Marketing Of Neurontin

by Jennifer M. McPheeters | Carlton Fields on 5/7/2013

In Harden Manufacturing Co. v. Pfizer, Inc., 712 F.3d 60 (1st Cir. 2013), one of three cases addressing Pfizer’s off-label marketing of the anticonvulsant drug, Neurontin, the First Circuit vacated the district court’s denial...more

How New Medical Research May Impact Emotional Distress Claims

by Pavlack Law, LLC on 5/7/2013

In this installment we discuss the prospect of the impact upon personal injury law based upon the results of a new study finding that physical pain and emotional pain can be distinguished by brain scan....more

Can an undocumented immigrant recover damages after a car accident?

by Demas Law Group on 5/7/2013

Every day, undocumented immigrants are involved in car accidents and suffer injuries. However, many of these undocumented immigrants do not seek compensation due to the fact that they believe they are not entitled to any...more

Court of Appeal Applies Howell Rule to Future Medical Expenses and Noneconomic Damages

by Samuel Sorich | Barger & Wolen on 5/6/2013

In Howell v. Hamilton Meats & Provisions, Inc., the California Supreme Court ruled that where a plaintiff’s medical care provider, pursuant to a prior agreement with the plaintiff’s health care provider, accepted less than...more

Wisconsin Appeals Court Rules That Michigan Law Applies To Snowmobile Accident Lawsuit

by Samster, Konkel & Safran, S.C. on 5/6/2013

Back in 2009, a group of Wisconsin residents went snowmobiling in Michigan at the Hiawatha National Forest. During the trip, several snowmobiles collided at an intersection, resulting in fatal injuries to a Wisconsin man....more

$7.7M for Patient’s Death During Struggle With Caregivers

by Sylvia Hsieh | Lawyers.com on 5/1/2013

A jury awarded $7.7 million for the death of a patient who suffocated during a struggle with her caregivers. Thirty-three year old Lauren Arcady was developmentally disabled, suffered from schizophrenia, and had a...more

Cross-Border Crashes: How Canadian Healthcare Can Affect Your Settlement

by Law Office of Dean Standish Perkins and... on 4/30/2013

Despite the efforts to prevent accidents, crashes with Canadian drivers are still an all too common occurrence in Washington State. To make matters worse, dealing with Canadian insurance companies can be confusing and...more

San Diego Brain Injury Lawyers - Providing Zealous Advocacy

by Mitchell | Gilleon Law Firm on 4/30/2013

Despite the remarkable advances that the world of medical science has made in recent years, one area of the body that largely remains a mystery is the brain. When someone suffers from a brain injury, the effects of this...more

Court Affirms that Emotional Distress Claims Cannot Arise from Post-Accident Conduct

by Brett Buckwalter | Niles, Barton & Wilmer, LLP on 4/30/2013

Traditionally, personal injury claims have generally consisted of a plaintiff seeking damages for expenses and “pain and suffering” relating to physical injuries sustained as a result of an accident. Emotional distress is an...more

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Personal Injury › Civil Remedies