Road hazards can be dangerous to your health. For years, I have successfully sued states and municipalites on behalf of drivers and passengers in cars and on  motorcycles. A recent case in New Jersey, Polzo v. County of Essex, makes it easier for seriously injured victims to recover for injury due to road hazards. (A-1553-09) Nathu Kahn-Polzo, a cyclist, died of head injuries suffered when she was thrown from a bike as it hit a depresssion on the shoulder of a county road.

The court said that sovereign immunity did not bar a lawsuit if the governmental entity did not have an inspection program that should have discovered the hazard. Kahn-Polzo’s motorcycle hit a depression that was two feet wide and an inch and a half deep. Court documents showed that about five weeks prior to Kahn-Polzo’s crash, complaints were made about potholes on the stretch of the road where Kahn-Polzo was riding. Repairs crews were dispatched, though it was unclear whether the inspection and repairs along the roadway included the shoulder.

The case now stands for the proposition that “in the absence of any routine inspection program, a jury could conclude that the failure to have such a program is palpably unreasonable.

The story of Terry Rich in Insider Secrets to Winning Your Personal Injury Battle illustrates other ways to successfully recover for dangerous road hazards.

Bringing an action against a state or municipality is complex. I recommend that victims of road hazards consult with an attorney who has had experience suing for dangerous road conditions. The Stark Injury Group provides free consultations to victims injured by road hazards. http:www.starkinjurygroup.com

Experienced spinal cord attorneys are familiar with complex issues associated with spinal cord, disc injuries and nerve damage.

1.Spinal cord attorneys complement the rehabilitation efforts of medical and health providers.

2. Spinal cord attorneys offer advice on special care and treatment, long-term care and other economic needs, and counsel compassionately and support victims.

3. Spinal cord attorneys deal with who will pay for care, and the needs of the injured person and the family.

4. Spinal cord attorneys help doctors identify and document the injury in its early stage.

5. Spinal cord attorneys evaluate and collect evidence.

Motor vehicle defects are a common problem that causes injury to drivers and passengers. Gas tank placement can lead to deadly fires. Seatbelts and other restraints have been found to have flaws. So have airbags. Airbags can deflate unexpectedly, causing injury to a driver, passenger or child.

In a lawsuit, it is the injured person’s responsibility to prove an injury was caused by a defective product. A lawyer can help you develop evidence.

Many cars are being recalled because people have been hurt and have contacted lawyers who fight to collect damages for clients and prevent injury to others.

If you believe you were injured because of a defective car, contact a lawyer who handles defective product cases. A lawyer can tell you if a car has been recalled for a defect that you think caused you harm.

John Stossel, who for more than 20 years hosted 20/20 on ABC-TV, and now the host of the Stossel Show on Fox Business TV, invited me to be a guest to defend the justification of product liablility lawsuits. Over the years, lawsuits I have won have led to safer products such as cars, bicycles, recreational vehicles, forklifts and, even ladders.

Today I begin a series of blogs that inform about defective products and lawsuits.

WHAT DEFINES A DEFECTIVE PRODUCT?

A product is defective if it is unreasonably dangerous, does not have effective warnings or the manufacturer fails to provide adequate instructions for the use of the product.

IF SOMETHING DOES NOT WORK PROPERLY, CAN I SUE?

No. You should return the product. To sue there has to be harm done through negligence or incompetence.

IF I AM INJURED, WON’T A MANUFACTURER SAY IT WAS MY FAULT?

It may. But if you can show that the product presented unreasonable dangers when used under reasonable circumstances then you have a good chance to win a lawsuit.

WHAT CAN A LAWYER DO FOR ME?

Defective products can injure – even kill. Companies often deny responsibility and force you to bring a lawsuit for negligence and incompetence. A lawyer can advice you on what types of compensation you can expect for medical expenses, loss of wages due to missed work, pain, suffering and mental anguish.

Serious injury cases often lead to large verdicts. Spinal cord injuries require huge sums of money just to pay for medical bills. The Spinal Cord Injury Center has recently published statistics that explain why verdicts can be large.

Lifetime costs: The average yearly health care and living expenses and the estimated lifetime costs that are directly attributable to SCI vary greatly according to severity of injury.
Severity of Injury
High Tetraplegia (C1-C4)
Low Tetraplegia (C5-C8)
Paraplegia
Incomplete Motor Functional at Any Level
Average Yearly Expenses
(in 2009 dollars)
Estimated Lifetime Costs by Age At Injury (discounted at 2%)
First Year
$829,843
$535,877
$303,220
$244,562
Each Subsequent Year
$148,645
$60,887
$30,855
$17,139
25 years old
$3,273,270
$1,850,805
$1,093,669
$729,560
50 years old
$1,926,992
$1,172,070
$745,951
$528,726
These figures do not include any indirect costs such as losses in wages, fringe benefits and productivity which average $65,384 per year in December 2009 dollars, but vary substantially based on education, severity of injury and pre-injury employment history.

Medical bills are not the only elements of verdicts. Pain and suffering and loss of wages and loss of enjoyment of life are also things jury consider in awarding damages. If you have questions about the value of a case, interview a lawyer who has experience with jury verdicts.