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Personal Injury Lawsuit


Personal Injury Lawyer

A personal injury lawsuit is a legal action that empowers one to seek compensation for damages, physical injuries, emotional distress, and loss of job caused by another. It addresses a civil wrong where negligence or deliberate malice on the part of one individual results in pain and suffering to another. According to the law, the victim has legal rights to sue the offender, who failed to ensure reasonable care, to recover losses caused by injury or harm to property.

Personal injury comes under the tort law designed to protect individuals from injuries or losses caused by willful act or negligence of another individual, organization, or even the state. The main purpose of the law is to send a strong message to the offender that they are liable for the harm caused to another and discourage them from committing the similar offense. A personal injury lawsuit entitles one to sue another individual or organization for pain and suffering, emotional distress, loss of earning capacity, companionship, and amenities, financial losses incurred, medical and legal expenses, and even expected future losses.

Grounds for Personal Injury Lawsuit

The spectrum of personal injury law is quite wide and includes a range of injuries and accidents, including

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Head And Spinal Injuries Lawsuit

brain spine spinal injury lawsuitOn October 19th, Jose Ayela, a 50-year-old daily laborer, filed a spinal injury lawsuit in a New York court, seeking unspecified damages for head and spinal injuries he had sustained as a result of brutal assault by the owner and other employees of a paint store in New York.

The multiple spinal disk fractures have left the victim permanently disabled. On October 26th, the mother of a Massachusetts football player filed a brain injury lawsuit against Medford School District, holding it responsible for the brain injury suffered by her son. The North Medford High School player was sent back to play despite suffering a concussion earlier.

According to a study published by the Center for Disease Control and Prevention in 2010, about

50,000 U.S. citizens die and more than a million suffer from permanent disability every year due to

accidental brain and spinal injuries. The state and federal laws allow the victims and their families

to seek compensation through brain and spinal injury lawsuits to cover up their medical cost,

future earning loss, physical and emotional damages, rehabilitation, and other expenditures from

individuals or organizations responsible for causing injuries to them.

Grounds for Filing Brain and Spinal Injuries Lawsuit

A brain or spinal cord injury lawsuit covers almost all types of injuries to the brain and spinal cord

caused by

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Common Personal injury Lawsuit Series

Prescription Drug Side Effects Lawsuit


Prescription Drug Side Effects Injury Lawsuit

Prescription Drugs Side Effects Lawsuit AttorneyIn February 2013, the Plymouth Superior Court awarded $63 million to a 16-year-old Massachusetts girl, who was blinded and suffered from life-threatening skin necrolysis and partial brain damage following the administration of Johnson & Johnson’s Motrin ibuprofen in 2003. According to the drug side effect injury lawsuit filed by her parents in 2007, Samantha was given the drug for fever. However, she lost her vision and 90 percent of her skin was subject to toxic epidermal necrolysis due to the drug side effects. Her parents filed the drug side effect injury lawsuit against Johnson & Johnson and subsidiary McNeil, alleging that the manufacturer failed to apprise users of life-threatening side effects of the drug.

The drug side effect lawsuit is one of thousands of product liability and breach of trust claims filed against prescription drug producers and distributors in the United States. According to the latest QuarterWatch report of the Institute for Safe Medication Practices, at least 2 million U.S. residents suffer from drug side effect injuries every year. The FDA MedWatch monitoring system receives about 200,000 complaints each year on prescription drug side effects reported by consumers, doctors, and manufacturers.

Drugs are categorized as products and pharmaceuticals are required to follow certain standards during the manufacturing, distribution, and marketing stages. They must comply with the FDA guidelines as well as consumer safety laws. It is their duty to ensure that their products are safe and accompany all possible information about potential side effects so that no one suffers from any injury from adverse events. Consumers are empowered to sue pharmaceuticals responsible for drug producing and distributing for their failure to provide sufficient information on adverse events and introducing unsafe product by filing drug side effect injury lawsuits.

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Common Personal injury Lawsuit Series

Defective Product Injury Product Liability Lawsuit

In May 2013, Skechers finalized a $40 million class-action settlement with consumers who filed product injury lawsuits against the American shoemaker. According to plaintiffs, they purchased the Skechers Shape-Ups shoes after watching advertisements and endorsements claiming that the shoe users could experience immense benefits, such as weight loss, strengthened knee and ankle, and superior posture. However, consumers claim having suffered from fractures, slip and fall, accidents, and injuries because of the defective shoe design that leads to instability and forward slipping. An Ohio woman suffered an orbital fracture, resulting in partial disability following the use of Skechers Shape-Ups shoes.

Every year thousands of private and class action product liability lawsuits are filed in the United States, targeting manufacturers across all industries. Auto majors Ford and Toyota, world’s biggest pharmaceutical manufacturer Johnson & Johnson, furniture major IKEA, baby product manufacturer Summer Infant, sports equipment manufacturer Sportspower and Reebok, toy maker Fisher-Price, and pet food producer Nestle Purina are among the most known companies facing dozens of product liability lawsuits following recalls and injuries caused by defective products.


Defective Product Liability Lawsuit Grounds for Claim

The manufacturers have a duty to market quality products, free from any kind of unreasonable danger that may injure consumers. They must follow the set standards during the designing, manufacturing, and quality inspection of their products and focus on the safety and convenience of consumers. Any violation of standard practices or derivation resulting in defective products causing injury to consumers makes manufacturers liable under the law to compensate their victims.

One can file a product liability lawsuit claim seeking compensation against injury or damages caused by a defective product. The most common grounds for filing of product liability lawsuits in the United States include breach of warranty, design defect, negligence during production, strict liability, and consumer protection rules. The law governing defective product claims differs from state to state. The most common grounds include,

  • Manufacturing Error Defectively designed, failure to control quality during the production process, and failure to warn make the manufacturers liable to compensate the user for injuries and damages caused by product defect.
  • Breach of Warranty Consumers are empowered to file product liability claims against the manufacturer for violation of express or implied warranty, merchantability, and lack of fitness for a stated purpose.
  • Negligence Product liability claims can be brought forward if the manufacturer is found to be negligent of any duty stated under the consumer law and failed to inform about the risks associated with products.
  • Strict Liability Principle This espouses that a manufacturer can be held liable for defective products even if he is not negligent. This includes new technologies developed and used without adequate precaution or test.
  • You have a right to file a lawsuit
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Premises Liability Lawsuit Do I Have A Lawsuit


Premises Liability Lawsuit Do I Have A Lawsuit

Injury Lawsuit
Philadelphia resident Louis Holland filed a premises liability lawsuit against Amtrak on June 12, 2013, holding it responsible for injuries received at a property owned by the railroad passenger transport corporation. The plaintiff slipped and fell on greasy substance on the escalator he was riding and suffered teeth fracture and multiple face injuries. According to the premises liability lawsuit, the plaintiff has demanded $50,000 in compensation with interest and legal costs, citing that the railroad corporation had failed to keep away dangerous and defective conditions on its property. In 2005, a similar premises liability lawsuit ended with $2.5 million settlement offer from the Philadelphia Fresh Food Terminal that operates the Regional Produce Market.

Premises liability lawsuit constitute 22 percent of all tort litigations filed in the United States. Second only to automobile torts, the plaintiffs filing such lawsuit are from a wide category, including visitors, tourists, employees, and students, while defendants range from individuals and municipal agencies to corporate, public, and private bodies, shops, and restaurants. In the last week of June 2013, Boy Scouts of America and Lewis and Clark Council Inc. paid an undisclosed sum, presumed to be more than $60,000, to a 51-year-old assistant scout master, who lost his leg after being crushed under a fallen tree in 2010.

A similar premise liability lawsuit has been filed by a West Virginia man against the Hardee’s of Man on June 18 claiming compensation for injuries he had following breakdown of chair while having his food at the restaurant. A Tuscan nightclub is facing a premises liability lawsuit for falling to provide security for its customers. Firing by a gun wielding customer in the club led to death of a man. The families of six children, who died in a fire at a Chicago apartment, were awarded $6 million in damages.

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