Bodily Injury

News & Analysis as of

The Importance of Expert Consultations in Personal Injury Cases

The legal process requires injured plaintiffs to prove their damages within a certain degree of certainty. This means that juries cannot simply pick a number they think is fair. It also means they cannot simply guess what...more

Florida Court Says, “No Phishing Expeditions Allowed on a Plaintiff’s Facebook Page”

While it is true that social media has become one of the main sources for discovery in personal injury litigation, the basic tenants of discovery that apply to the standard document requests, also apply to this new...more

Third Circuit Seeks Guidance from Pennsylvania Supreme Court Regarding Whether Insured Tortfeasor May Assign Bad Faith Claim to...

Allstate Prop. & Cas. Ins. Co. v. Wolfe, No. 12-4450 (3d Cir. Feb. 20., 2014) - Third Circuit petitions Supreme Court of Pennsylvania to decide whether an insured tortfeasor can assign his or her statutory bad faith...more

Eighth Circuit Affirms Disclaimer Based on Patient Bodily Injury Exclusion

In its recent decision in Volk v. Ace Am. Ins. Co., 2014 U.S. App. LEXIS 6570 (8th Cir. Apr. 10, 2014), the United States Court of Appeals for the Eighth Circuit, applying Minnesota law, had occasion to consider the...more

Watch What You Post on Facebook When Injured

Think twice about posting those photos of you playing softball at your family reunion last weekend if you have an open workers' compensation claim. Your Facebook photos or Twitter posts about what you are doing could be...more

Medicare Change Means Those with Small Personal Injury Claims Can Settle Cases Quickly

Beginning on October 1, 2014, Medicare will no longer attempt to obtain reimbursement from personal injury plaintiffs with claims worth less than $1,000, and those beneficiaries will no longer have to give Medicare notice of...more

Does Florida Law Prevent Injured Robbery Victims from Filing Claims Against Convenience Stores?

The law does offer some exemptions for convenience stores when robbery victims suffer injuries on the premises. However, there is no universal convenience store exemption. If a store does not meet strict security...more

Alabama Boy's Fatal Accident By Electrocution Raises Questions

In 2009, a young boy in Alabama met with what can only be described as a tragic, and sudden, end. While playing in a relative's yard, he ran into the neighboring yard -- which was owned by a commercial entity -- and was...more

Understanding Personal Injury Class Actions

A class action designation allows a group of plaintiffs to file one lawsuit against the same defendants. When appropriate, the procedural device can give plaintiffs more leverage against corporate defendants and can spread...more

Court of Appeals Reverses Commission’s Order that Claimant did not have Radiculopathy

The S.C. Court of Appeals reversed the hearing commissioner, and appellate panel, and concluded that an injury to a claimant caused radiculopathy (contrary to the Commission’s finding), and therefore claimant could pursue a...more

California Supreme Court To Consider Causation in Workers Comp for Medication-Related Injuries

In Wednesday’s conference, the California Supreme Court agreed to review South Coast Framing v. Workers’ Compensation Appeals Board, an unpublished decision from Division One of the Fourth District. South Coast Framing poses...more

Protecting Your Rights after a Slip-and-Fall Injury on Public Premises in California

Getting the attention of a store employee when you need help finding a product can sometimes be difficult, but if you fall on the premises, you typically get instant access to store management. These individuals naturally...more

He Who Hesitates …

The adage “He who hesitates is lost” is particularly true in the world of civil litigation, where statutes of limitations dictate how much time you have to take legal action after an injury accident. Once that time is up, in...more

Fifth Circuit Recognizes Compensation Lien In Jones Act Case

In Chenevert v. Travelers Indemnity Co., No. 13-60119 (5th Cir. March 7, 2014), the Fifth Circuit formally recognized the right of an insurer providing and making voluntary payments to an injured employee under the Longshore...more

Case Filings Grow as Two Year Anniversary of Granuflo Recall Looms

March 29th marks the two year anniversary for the Granuflo recalls, begun in 2012. Cases for victims who suffered one or multiple catastrophic cardiac events due to the use of the drug, whether they survived or that resulted...more

Fifth Circuit Expands Coverage of Jones Act, Rules That Shipyard Employee Injured in Shore-Based Crane Incident is a Seaman

In a ruling that will likely send shockwaves through the maritime industry and be considered a landmark decision in years to come, a divided panel of the Fifth Circuit in Naquin v. Elevating Boats, L.L.C., --- F.3d ---,No....more

Missouri Supreme Court Holds Federal Act Does Not Preempt Missouri Law Barring Subrogation Of Personal Injury Claims

In essence overruling a previous opinion from the courts of appeal, the Missouri Supreme Court has held that the Federal Employee Health Benefits Act (“FEHBA”) does not preempt Missouri law prohibiting the subrogation of...more

Sports Law - Feb 25, 2014: Losing Streak: Athletes Seeking Workers’ Comp. In California Suffer Setbacks

Professional athletes seeking to take advantage of California’s historically beneficial workers’ compensation scheme suffered back-to-back defeats to close out 2013. Even as public attention to the long-term effects of...more

Pharmacy Errors — Receiving Compensation for Your Harm

A Houston, Texas mother is suing her local pharmacy for a prescription error that led to the death of her daughter. In August, 6-year-old Jadalyn died after taking a dose of liquid morphine that was 10 times the strength she...more

Employers Must Be Prepared To Deal With The Aftermath Of The Recent Winter Storms

Executive Summary: Much of the country has suffered through a series of punishing winter storms this year. With the number of snow days mounting, employers must determine whether closing the office means having to pay...more

The Importance of Performing Due Diligence When Selecting a Personal Injury Lawyer

When choosing a personal injury attorney, it is important to perform due diligence. Hiring the right attorney can make or break the outcome of a lawsuit....more

Are Florida Homeowners Responsible for Injuries Sustained by Uninvited Children on Their Property?

If your child was injured on someone else’s property, even if the child was uninvited, Florida law does not treat it as trespassing. When it comes to premises liability and children, a primary consideration is whether an...more

Construction Injuries Deserve Full Compensation

Construction accidents happen in Pennsylvania every day. In the summer of 2013, for instance, a six-story building under construction on the campus of Temple University partially collapsed, severely injuring several...more

Suing for Cyclospora-Related Illnesses

This past August, Atlanta Magazine reported that the national cyclospora outbreak infected 353 people throughout 15 states, including Georgia. Cyclospora is a one-celled parasite that causes an intestinal infection called...more

Illinois Supreme Court to Address Distraction Exception to Open-and-Obvious Peril Rule

We begin our previews of the civil cases which the Illinois Supreme Court agreed to review at the conclusion of its January term with Bruns v. The City of Centralia, Illinois. Bruns - which arises from the Fifth District -...more

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