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Damages Out of Collision Between Two Running Children

By | July 24th, 2013

QUESTION: My son was running in school and there was another child running to her classroom. They collided with each other and the child fell and broke her glasses. I would like to know if I am responsible for the child’s glasses since it was an accident. ANSWER: “Causation” is an essential element of a tort action. Defendants are not liable unless their conduct (i.e., act or omission constituting a breach of duty to plaintiff) was a “legal cause” of plaintiff’s injury. [Saelzler v.Advanced Group 400 (2001) 25 C4th 763,.

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Legal Malpractice and the Lawyer’s Liability

By | July 24th, 2013

QUESTION: In 2010 I went to arbitration and was awarded $250k. The carrier rejected the claim. Now after a mistake and a vicious divorce, the attorney still represents myself and my ex-wife. Conflict of interest. In 2010 I made an agreement with the attorney and he paid the expenses for $19,9000. Now after the mistake and 4 lawyers later, because they left the firm, I asked and was told that my ex could only find out if my mail was not secure. I agreed to a settlement and the check.

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Claiming Damages Due to Injuries from Purchased Food

By | July 24th, 2013

QUESTION: I bought a Milton’s Chicken and Rice Meal from Costco like I had been doing for years. When I bit into a big piece of chicken, I found out that it had a bone in it. The bone took chunks off my teeth. If I hire a lawyer, will I get more than $6,000, which is the amount the dentist said will cost to fix it, so that I can pay the lawyer and have my teeth fixed too? ANSWER: A claimant is entitled to recover the reasonable value.

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Unsafe Workplace and Your Claims for the Injuries Sustained

By | July 24th, 2013

QUESTION: I want to sue my employer for pain and suffering due to negligence (unsafe work environment). They knew I have already been injured twice and more than 2 supervisors were involved in putting me in another unsafe work environment, causing a third injury to my back. This injury resulted to pain that I will bear for the rest of my life, loss of my job, and daily life as I knew it. When I filed for worker’s compensation, the employer changed the injury date, causing more grief. I want.

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Unaware of Patient’s Hip Injury from a Previous Surgery

By | July 19th, 2013

QUESTION: Doctors broke the patient’s hip in a surgery done in Ohio in 2004. They put the hip in a 15-degree angle and did not notify the patient of what they did. The patient did not know the extent of the injury or damage until a surgeon in California did MRI and X-rays to see what the problem was. Between the surgery in 2004 until April 24, 2013 the fed has come out 8 times. The patient did not know of the injuries in the Bed Medical attention that she.

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Advised to Go Home Only to be Rushed to an Emergency C-Section

By | July 16th, 2013

QUESTION: Can I sue and EMS company for telling me I am fine to go home after a car accident? They told me I’m fine so I went home. But 45 minutes later I had to be rushed to the ER for an emergency C-section because my baby’s heart rate kept dropping. ANSWER: Parents may have a cause of action for “wrongful birth” against a medical professional whose negligence led to an undesired birth … even if the child is born healthy. Medical professionals clearly owe a duty to patients.

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Injured in a Business Property that is Not Currently Owned

By | July 16th, 2013

QUESTION: Last month, I was flipped off my bike while cycling on a severely jagged and missing sidewalk. I fell on what appears to be a business property not currently owned but is up for sale. The sidewalk I fell on was on this property. I sustained quite a few injuries and left the scene bleeding. A few days later my back began to hurt too. There was an actual witness to the entire accident because I landed in traffic. I did not go to the hospital nor had any.

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Understanding the Compensation in a Premises Liability Claim

By | July 16th, 2013

QUESTION: How is compensation determined in a premise liability claim? Is there a formula for determining compensation/settlement in a personal injury case, specifically a premises liability claim? How much can reasonably claimed for “pain and suffering” and/or emotional distress. ANSWER: Mass-producers of residential homes and lessors in the business of renting residential units are exposed to strict liability for defects in an integral part of the building structure (e.g., defective shower door, defective heating system. But the overall complex (the entire premises) wherein the housing is constructed is not itself.

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Child was Hit by a Car After Exiting Her School Bus

By | July 16th, 2013

QUESTION: My daughter was crossing in front of her stopped school bus and was struck by a car. The bus driver turned the lights off prematurely. Is this negligence? ANSWER: While negligence is often pleaded as an alternative theory, the strict liability cause of action does not require proof of “duty” and “breach” (conduct falling below the applicable “reasonable” standard of care). In other words, negligence focuses on “reasonableness” of the defendant’s conduct.

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Settling Insurance Claim in a Slip and Fall Case

By | July 16th, 2013

QUESTION: Several months ago I fell in a department store, shattering my shoulder and re-injuring my left elbow. Both of these injuries required surgery, with a good possibility of more surgery necessary. Insurance covered a good portion, but I’m already on SSA help with what’s left. How likely are falls in stores settled? ANSWER: Ordinarily the burden of proving negligence is on the plaintiff. An exception for this is the doctrine of res ipsa loquitor wherein the burden effectively shifts to defendants to absolve themselves from responsibility or to show.

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