Hailey French’s Story – When millions barely cover the bills.
What happens if more than one person is responsible for an accident?
Catastrophic Impairment: What it means and why it's important to you if you've been hurt in a car accident
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
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
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
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
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
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 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
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
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
The brain controls almost every function in the body, so any head injury should be taken seriously. However, many people whose injuries appear minor just take a pill for the headache and move on without even considering...more
This past July, national news sources reported that Baby Einstein, an Atlanta-based toy company, was forced to recall more than 400,000 baby jumpers after receiving reports of more than 60 injuries. The recall included a...more
Even in cases where fault and liability are clear, the amount of damages is still a frequent point of contention. Damages are not, in most cases, calculated based on the egregiousness of the negligent conduct that led to your...more
Police have laid criminal negligence charges against a professional engineer in relation to the Elliot Lake mall collapse in June 2012.
The charges against professional engineer Robert Wood are two counts of criminal...more
It seems logical to assume that trespassers who enter a property are responsible for any injuries they sustain. However, it may surprise you to learn that Florida law looks more deeply into the details of these cases, and...more
Catastrophic injuries present the worst-case scenarios for families, often shortening life spans or resulting in long-term assistive care. Depending on the severity of your injury, you may not be able to ever work again and,...more
On December 17, 2013, the Government published Ontario Regulation 347/13, amending the Statutory Accident Benefits Schedule. This Regulation will come into force on February 1, 2014. ...more
This past July, a woman was killed in Six Flags Over Texas when she fell off a roller coaster during a sudden maneuver. According to a witness at the scene, before the ride started the woman expressed concern to a park...more
Figuring out who is responsible is such a basic part of personal injury litigation that it often does not receive the attention it deserves. However, experienced attorneys know that this can be a nuanced issue that has a huge...more
A state appellate court in Houston, Texas recently held that an employer had no duty to prevent an employee from injuring himself as a result of his own intoxication.
Cases under the ADA Amendment Act are finally reaching the courts of appeals. In what might be the first case to reach the appellate level on an issue other than whether the statute applied retroactively, the 4th Circuit has...more
The recent ruling in Double J. Marine, LLC v. Matthew Nuber, No. 13-5825 (E.D. La. Dec. 11, 2013) serves as a key reminder that employers need to be mindful that courts scrutinize release agreements as seamen are the wards of...more
A popular defense tactic when someone is injured in an accident with minimal property damage is to argue that there is no way such a “minor impact” could cause the injuries. In many cases now, insurance companies are hiring...more
Under Florida law a person may make an apology to someone injured in an "accident" or to their family without the apology being admissible in court. Thirty-eight other states have similar laws which are generally referred to...more
Late last year, the New South Wales Court of Appeal in Glad Retail Cleaning Pty Ltd v Alvarenga  NSWCA 482 unanimously dismissed the appeal of a cleaning company found to have performed its work in a negligent manner....more
On January 8, 2014, the Fifth Circuit announced its latest guidance on an issue of great importance to insurance carriers doing business in Texas. In Star-Tex Resources, L.L.C. v. Granite State Ins. Co., 2014 WL 60192 (5th...more
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