
TO MANY IT IS. IT DOESN’T HAVE TO BE.
Forty-five years of practicing law has taught me that people do not understand personal injury lawsuits.
You may have a personal injury lawsuit when another individual or entity is responsible for your injuries either through fault or negligence.
The most common personal injury lawsuits are motor vehicle and slip and fall accidents.
Personal injury lawsuits are call tort law suits. Torts are civil wrongs that result in injury or damages and are punishable by law to compensate victims for injuries and deter others from committing similar wrongs. Tort law varies from state to state.
To establish a personal injury lawsuit, you must establish liability and damages. Liability refers to the person at fault for your injury. Liability is proven on the basis of negligence, strict liability and intentional wrongdoing.
A party is found to be negligent if they did not take appropriate behavior to prevent your injury.
Strict liability holds a manufacturer or supplier responsible for injuries caused by appropriate use of their product, regardless of fault.
An intentional wrong is committed when an individual knows their actions will cause harm, but proceeds with the action anyway.
Damages include the physical, mental and emotional harm endured from an accident.
Laws governing personal injury lawsuits are complex and the very nature of personal injury claims is complicated. For information about a personal injury lawsuit, you are advised to consult a lawyer. If you have questions about a lawsuit about a serious injury, The Stark Injury Group is available for free consultations. http://www.starkinjurygroup.com
Parents are shopping for holiday toys for their young children. Unfortunately, instead of joy and laughter, some parents will experience pain and suffering due to a serious injury to their child from a toy.
The Consumer Product Safety Commission for 2009 reported 12 toy-related deaths and over 250,000 injuries requiring treatment in a hospital emergency room. Almost 75% of those injuries involved children under 15 years old. The potential for toy related injuries to young children is staggering. So what toys have been rated as being dangerous?
The Boston-based consumer group, World Against Toys Causing Harm, Inc. (WATCH), recently released its 2010 “10 Worst Toys” list. The toys listed have the potential to cause eye, face and head injuries, choking and internal injuries, impact injuries, hearing loss and even death.
The toys in WATCH’s 2010 list of Most Dangerous Toys Include:
- Spy Gear Split – Blaster: WATCH warns, “Do not aim at eyes or face.” WATCH’s hazard states:Potential for eye injuries.
- Supersplat Splatblaster: This toy shoots “splatballs” at a high velocity. The product box states, “Glasses should be worn at all times… Glasses cannot provide an actual protection.” WATCH’s hazard states: Potential for eye, face and other impact injuries.
- Ballzillion Tug Boat Play Center: This product is intended to be used as a toy and not as a flotation device. The instructions state, “Disregard and not following the instructions could result in injury or death especially for children.” WATCH’s hazard states: Potential for injury or death.
- My First Mini Cycle: This plastic mini cycle, targeted for toddlers as young as 18 months, sits approximately 5 inches off the ground making its low profile potentially hazardous for outdoor use. WATCH’s hazard states: Potential for head and other impact injuries.
- Pull Along Caterpillar: This toy includes a “breakaway pull string” with a small plastic connector which presents a potential choking hazard for children. WATCH’s hazard states: Potential for children choking.
- Animal Alley Pony: This toy has long hair that is easily removable presenting the potential for ingestion and aspiration injuries. WATCH’s hazard states: Potential for ingestion/aspiration injuries.
- Big Bang Rocket: This toy produces a big bang noise which may cause danger to hearing if used close to the ear. WATCH’s hazard states: Potential for hearing loss.
- Walkaroo II Aluminum Stilts: The instructions state: Do not use near stairs, steep inclines, swimming pools or uneven surfaces. They further caution, “Always remain in control of your motions.” WATCH’s hazard states: Potential for head and other impact injuries.
Our children’s toys should bring them fun and joy and not cause injury or death. This includes avoiding any toys that create the same risk of injury as those detailed above. An informed and educated parent should be able to make smarter and safer choices for holiday gifts to reduce any toy related injuries our child might otherwise experience.
The Stark & Stark Injury Group works to keep up with the latest developments and provides information to avoid serious injury. If the unfortunate does occur, the Stark & Stark Injury Group goes to work for you. http://www.starkinjurygroup.com
After a serious injury, choosing the right attorney could be the most important decision you have ever made. Why? The answer is very simple. You get one, and only one chance to receive the fair compensation on your case.
My four decades of experience representing seriously injured people has taught me that seriously injured people must be very careful! All lawyers and law firms are not alike.
After an accident, an injured person is easy prey for the big insurance companies. He or she is taken from their normal life and literally thrown into a world of complicated insurance forms and medical bills; all at a time when they are in serious pain and significant stress. Bottom line, injured people need help. Don’t get eaten alive by the big Insurance Companies!
Be very careful! All lawyers and law firms are not alike. After a serious injury, choosing the right attorney could be the most important decision you have ever made. Why? The answer is very simple. You get one, and only one chance to receive the fair compensation on your case.
If you or someone you care about has been injured, it is important to understand that the big Insurance Companies are not your friends. They are huge corporations that are more interested in profits than people. They spend massive amounts of money on advertising and PR campaigns, attempting to prove to the public that they are “like a good neighbor” or “the good hands people.”
In reality, nothing could be further from the truth. That is why experienced, aggressive representation is so important to injured clients.
Insider Secrets to Winning Your Personal Injury Battle helps seriously injured select the right attorney. http://www.personalinjury411.com
A lawn mower is one of the most useful tools but also the most dangerous. I am called every year to represent an adult or child who was injured as a result of a lawn mower.
Lawn mower injuries can be and very often are serious. They can cause amputation, loss of sight, disfigurement, even death.
One of the main causes of lawn mower injuries
is plain ignorance or negligence.
In this blog, I will tell you how to avoid lawn mower injuries and instruct you on what to do if your lawn mower injury was caused by a defective lawn mower.
The first step in avoiding a lawn mower injury is to make sure the person using it is age appropriate. At least 12 years of age for a push mower and at least 14 years of age for a riding mower is recommended. An adult should always be present.
Another tip in avoiding lawn mower injuries is to fill the tank up with gas outside while the tank is cool. This greatly reduces the chances of the fumes igniting.
Before mowing a lawn, do your best to clear it of rocks, glass and other objects. A lawn mower blade moves quickly and if it comes into contact with any of these they suddenly become projectiles.
To avoid a secondary lawn mower injury to someone else, make sure they are a good distance away. Even though you did your best to clear potential projectiles, it is better to be safe than sorry.
Finally, wear safety equipment. Steel-toed boots as well as safety glasses go a long way toward reducing your chances of lawn mower injury.
If your lawn mower injury is caused by a defective lawn mower or negligent use of the lawn mower, you may be entitled to compensation.
A personal injury lawyer who handles defective product and negligence cases can help you and advise you on the merits of your case. Don’t suffer needlessly, get legal advice.
Child injuries
and fatalities have dropped since the invention of child restraining systems. Having a proper child restraint system in you car can save the life of your child and significantly reduce the chances of injury.
Since 1999, however, several models of child restraint systems have been recalled after lawsuits showed they can cause child restraint injuries. I have had experience with defective child restraint systems.
So, I want to tell you what causes child restraint injuries and how best to avoid them.
The first thing you need to do is make sure you select the right system. You need to get one that is age, height and weight appropriate for your child. Infants, in many cases, have not developed enough to keep their heads up. You need to make sure your child restraint system is correct for them to avoid head and neck injuries.
The next thing you need to do is make sure your child restraint system is installed properly.
Many child restraint systems have been recalled due to faulty design. Problems with the support and weak harnesses are to blame for several child restraint injuries. Some people have purchased child restraint systems with inadequate or incomplete installation instructions.
Why allow a manufacturer to get away with something that is traumatic to you?
If your child has been a victim of a child restraint injury, then you may have rights. The manufacturer of a child restraint system has a duty to ensure that the product is safe and won’t cause injury. The best advice you can get is from a lawyer with experience in child restraint system injuries. The lawyer will be able to advise you on the merits of your case and instruct you on what types of damages you may be entitled to. Laws vary from state to state as well as special conditions and statute of limitations.

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