Bodily Injury

News & Analysis as of

Not So Fast: New York’s High Court Relieves Pressure on Liability Carriers to Disclaim Coverage “As Soon As Possible”

Under a New York statute, a liability insurer that denies coverage for a death or bodily injury claim must provide written notice of its decision “as soon as is reasonably possible.” Last year, in Long Island Lighting Co. v....more

Not all Alabama job-related injuries are immediately noticeable

Many times, people who have experienced job-related injuries are not even aware that they may have received them while working for an Alabama business. That's because some injuries happen due to a series of constant physical...more

Texas Supreme Court Opinions and Orders (8/14 - Part 2)

In its weekly orders on Friday, August 22, 2014, the Supreme Court was busy. The Court issued 7 opinions, granted 4 petitions for review, and set 4 mandamus petitions for argument. Scott Stolley summarized 3 of the opinions,...more

What Is Negligence?

Negligence is legally defined as falling below the level of attention required for the situation. In cases of personal injury, it is imperative to examine the facts, so a determination of negligence can be found and the...more

The Limitations Act, Section 7: Are the Floodgates Opening? Landrie v. Congregation of the Most Holy Redeemer, 2014 ONSC 4008

It has been said that hard facts are apt to introduce bad law. This may occur when judges are asked to exercise their discretion to provide relief to a party facing severe consequences. An example of this might be a plaintiff...more

Louisiana’s Direct Action Statute Does Not Modify Terms of Coverage

“Direct action” statutes permit an injured plaintiff to sue an insurer for coverage under someone else’s policy — the liability insurance policy of the tortfeasor who caused the injury. They have been enacted in only a...more

Florida Court finds Workers' Compensation Statute Unconstitutional

Circuit Judge Jorge E. Cueto of the 11th Judicial Circuit in and for Miami-Dade County, Florida has found that Section 440.11 of Florida's Workers' Compensation Act (the "Act"), which makes the Act the "exclusive" remedy...more

Seeking Compensation for Catastrophic Injuries in California

Although some effects of a catastrophic injury may be only temporary, others may linger for the remainder of the victim’s life. Fortunately, in the event of a life-changing injury, it is possible for a victim to seek and...more

Auto and Other Accidents — When is an injury permanent?

If you have had the misfortune of being involved in a crash or incident where you have aggravated a pre-existing physical condition, do not believe the insurance representative if they attempt to persuade you into thinking...more

Maine Workers' Compensation Alert: CMS Guidelines Amended to Accept WCB Settlement Determination of MSA Amount After Hearing on...

The Center for Medicare and Medicaid Services (CMS) update to its Workers' Compensation Medicare Set-Aside (WCMSA) Arrangement Reference Guide provides authority by which CMS will now recognize and defer to a Workers'...more

What Constitutes "Use" of a Motor Vehicle?

Barry P. Goldberg sometimes has to analyze circumstances that may or may not be covered both to obtain insurance coverage for his clients and to effectively access insurance coverage from the adverse party. One area of...more

Defendants: Reject §998 Settlement Offers at Your Peril

Here’s a cautionary tale for all those defense attorneys who don’t take §998 settlement offers seriously enough. In a recent case in San Diego Superior Court, two teenage boys sued an outpatient services provider,...more

DePuy Pinnacle Litigation Update

The coordinated litigation over Pinnacle metal-on-metal hip implants pending before Judge Kinkeade is also known as MDL No. 2244. The MDL was established in May of 2011. Since then, more than 60 million pages of documents...more

How Auto Defects Can Cause Passenger Injury [Video]

Discover your options and learn more: http://www.patrickmalonelaw.com 202-742-1500 - A product defect in a car isn't just bad for the car, it's also bad for the passengers. Hear DC lawyer Patrick Malone discuss this in more...more

Is Wal-Mart Responsible for Tracy Morgan’s Injuries Caused by its Tired Driver?

During the early morning of June 7, comedians Tracy Morgan, James McNair and Ardley Fuqua and passenger Jeffrey Millea were travelling home from a show when a Wal-Mart tractor-trailer plowed into their limo. Mr. Morgan, Mr....more

OSHA Update: Legal Privileges Can Shield Accident Reports and Safety Audits from Disclosure

Written accident and incident investigations, as well as comprehensive safety and health compliance audits, are essential components of an effective safety and health program. Unfortunately, OSHA has often pursued accident...more

What mistakes should you avoid after an auto accident?

When a person finds himself or herself in an auto accident in Alabama, it can be a jarring reality. If injuries have occurred as a result of the auto accident, the victim may require intensive medical attention, sometimes...more

The Lack of Concussion-Specific Helmet Safety Standards Remains a Concern for School Districts and Student-Athletes

With the national spotlight increasingly focused on concussion management, protocols, and prevention, it is somewhat surprising that helmet safety has not comprised a larger role in the discussion....more

Third Circuit Holds Insurer’s Interpretation of Employer’s Liability Exclusion is Fairly Debatable

A recent 3rd Circuit decision, ArcelorMittal Plate, LLC v. Joulé Technical Services, Inc., 558 Fed.Appx. 205 (3d Cir. 2014) reiterates that under New Jersey law, an insurer does not act in bad faith when denying a claim that...more

ADA: Temporary Medical Condition May Be a Disability

A recent decision from the Fourth Circuit Court of Appeals held that under the Americans with Disabilities Act (ADA), an impairment or injury is not excluded as a disability simply because it is temporary. In deciding Summers...more

Outside the Scope? New York Court of Appeals Limits the Disclosure of Medical Reports in Childhood Lead Poisoning Cases

The New York Court of Appeals recently reversed the trial court’s order requiring plaintiffs in lead poisoning cases to produce detailed medical reports chronicling each alleged injury and causally connecting those injuries...more

Subsequent Remedial Repairs may be Admissible---but, not to Prove Liability

Barry Goldberg is confronted from time to time with dangerous situations that cause a serious accident and is later repaired by a defendant. Logically, most injury victims would assume that those repairs are like a "smoking...more

Eleventh Circuit Affirms Dismissal of Injury Claim in Airline Bumping Case

The ruling by the U.S. Court of Appeals for the Eleventh Circuit in Campbell v. Air Jamaica, Ltd. is a favorable one for the aviation industry. The court confirmed that non-economic damages, including emotional distress and...more

Torts – Duty of Care to Known Intoxicated Persons

Jason Carlsen v. Sarah Koivumaki and Zachary Gudelunas - Court of Appeal, Third Appellate District (Shasta) (July 7, 2014) - Courts are often called upon to struggle with the issue of responsibility of others...more

Alabama Supreme Court Reverses Course, Finds Insurance Coverage for Faulty Workmanship Claims

Companies such as homebuilders, construction companies and contractors face significant financial risk from bodily injury and property damage claims arising from allegedly faulty workmanship or construction defects. Although...more

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