Bodily Injury

News & Analysis as of

Longitudinal Study Finds that Post-Concussion Syndrome (PCS) May Be Permanent

University of Toronto researchers have just published an important longitudinal study following patients with Post-Concussion Syndrome (PCS) based on a diagnosis of concussion in conformity with the international sport...more

Safeguarding Every Veteran's Benefits: Lessons From Bruce V. Mcdonald, 2017 WL 57172

On January 5, 2017, the United States Court of Appeals for Veterans Claims rejected the assertion by the Veteran’s Administration (VA) and the Board of Veterans Appeals (the Board) that a service member who requested a...more

“Rest Until Symptom Recovery” May Not be the Best Medicine for Children and Adolescents Recovering from Acute Concussion

In a study published in the Journal of the American Medical Association (JAMA) on December 20, 2016, Canadian researchers found that children and adolescents who returned to exercise within seven days of experiencing a...more

Have You Ever Been a Victim of Road Rage?

Woodland Hills Personal Injury Attorney Barry P. Goldberg hears about Road Rage and accidents resulting from Road Rage all the time. But, what is “Road Rage”? However, from a legal standpoint, the conduct such motorists may...more

What happens when you are injured by an “Aggressive Driver”?

Woodland Hills Personal Injury Attorney Barry P. Goldberg must separate out aggressive driving from “road rage” on a regular basis. The term “road rage” is often confused with “aggressive” driving. Understanding the...more

How Damages Are Calculated in Accident Cases

Calculating damages in injury accidents is complex, involving considerations such as disfigurement, the loss of quality of life, ongoing medical costs, losses of earning capacity, pain and suffering, increased risks of future...more

When Ubering Goes Wrong: A Lesson for Both Drunks And Employers

Uber is a wonderful invention that has a primary function of driving intoxicated people from point A to point B. Sometimes, however, getting from point A to point B becomes an issue. This week, a lawsuit was filed in...more

Ohio Supreme Court Upholds Damage Caps As Applied To The Sexual Assault Of A Minor

Except for certain limited circumstances, Ohio law limits, or caps, the maximum amount a person can recover for noneconomic damages such as pain and suffering. The Ohio Supreme Court recently upheld this limitation of damages...more

Allocating a Pro Rata Defense Share to the Insured in Continuous Injury Cases

In a matter of first impression, the Louisiana Supreme Court recently held that the duty to defend in a long latency disease case could be prorated between the insurer and insured. (See, Arceneaux v. Amstar Corp. 2016 WL...more

What Can A Company Expect After Losing A Major Personal Injury Case At Trial? Getting Sued Again For The Same Injury, To The Same...

For a company doing business in Maryland, navigating the landscape of survival and wrongful death claims can be succinctly summed up by the “Relationship Status” often seen on the profiles of Facebook users: “It’s...more

Employers Can Be Responsible for Falls in Parking Lots

Given the icy conditions we are finally beginning to experience this year, our office has fielded multiple calls from clients saying their employees slipped and fell on ice or snow in the clients’ parking lots. Often, the...more

“American Idol” Singer Sues Contest Sponsors

This Monday, a Mississippi resident sued a number of the “American Idol” contest’s sponsors after he allegedly suffered a serious internal ear injury in connection with the promotion....more

New Textalyzer App May Eliminate Distracted Driving

New York lawmakers have proposed to give police officers a new device called a Textalyzer to help reduce the high number of distracted driving accidents that result in serious injuries and fatalities. In Chicago, a car...more

How to Document Your Personal Injuries

Documenting personal injuries is an essential process when pursuing a personal injury claim. This involves recording the injury itself, the expenses that have resulted from it, and the impact to the individual’s life and work...more

Disturbing Facts About the Dangers of Distracted Driving

Driving distractions endanger the lives of drivers, passengers, other motorists, bicyclists and pedestrians. By educating the American public about the danger that distracted driving imposes and the impact it has throughout...more

Eleventh Circuit Clarifies “Permanency” Requirement under Florida Bad Faith Statute

In Cadle v. GEICO Ins. Co., Case No. 15-11283 (11th Cir. Sept. 30, 2016), the Eleventh Circuit held that GEICO had not acted in bad faith when it failed to settle a claim after the insured did not provide any evidence of...more

How to know when a car driver is at fault in a pedestrian accident?

When a pedestrian suffers an accident because of a car, it usually results in significant damage done to the pedestrian with minimal damage to the car. Hence, “Pedestrians should always go first,” People tend to believe that...more

Oklahoma District Court Denies Motion To Stay Action During Defendant’s Insurer’s California Conservation Proceedings

This case involved a personal injury negligence action brought by plaintiffs Cameron David and Shelby Gladd against defendants Satnam Singh and his employer Landmark Logistics, Inc. (“Landmark”) in Oklahoma federal court....more

Specificity and Detail in Liability Waivers Are Critical

Two years ago, in Concerns About Tort Claim Waivers I wrote about how important it was to be specific in your liability waivers to ensure you have as much protection as possible. A recent decision by the Massachusetts...more

Genetics a Likely Factor in Variability of Outcome Following Concussion

Most experts in traumatic brain injury (TBI) agree that there is a high degree of variability in outcomes after TBI, including concussions (usually characterized as “mild” TBIs – mTBI.) In other words, this injury is...more

Qualities to Look for in A Personal Injury Lawyer

If you were injured in an accident that was not your fault, whether it was an auto accident, slip and fall accident, or dog bite accident, you may been wondering if you need to hire an attorney to help you file your claim....more

Takeaways from the Admiralty Law Institute-Maritime Law Association 50-Year Reunion

Last week, 425 admiralty and maritime lawyers, law professors, U.S. Coast Guard officers, law students, and maritime industry professionals descended on New Orleans for the Golden Rules: Tulane Admiralty Law Institute and...more

Indiana Supreme Court Extends the Stanley Doctrine to State-Sponsored Medical Reimbursements

On October 21, 2016, the Indiana Supreme Court weighed-in on a closely watched case that drew much attention from the defense and plaintiff’s bar alike. Approximately one (1) year ago, I reported that the Indiana Court of...more

Do I Need a Car Accident lawyer?

After most car crashes, there are generally three types of compensation (also known as “damages”) you can seek. You may or may not need a car accident lawyer depending on the severity of the harm you suffered. Property...more

Torts – Assumption of the Risk – Waiver of Liability

Kirk Anderson v. Fitness International, LLC - Court of Appeal, Second District (October 27, 2016) - The general rule in California is that all persons are responsible “for an injury occasioned to another by his or...more

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