Author Archive for David Brown

The Most Common Types of Personal Injuries

If you or your loved one had been injured due to someone’s failure, there is the possibility of a lawsuit and compensation for your physical and even mental damage. Here is the list of the four most common injuries that occur every day:

Car Accidents

Unfortunately, roads are not always safe and there are always careless and reckless drivers. If you are involved in a road accident because of one of them, you can always claim for car accident compensation for the injuries you had received. Car Accidents are the most common type of personal injures in the United States.

Medical Malpractice

Personal medical injuries are also quite common. They occur when a medical professional makes a mistake. Among the most common medical mistakes are surgical errors, medication errors, and misdiagnosis. There are approximately 225,000 people die from some form of medical malpractice in the United States every year, and only 2% of patients suffering from medical mistakes file claims for compensation.

Wrongful Death

Unfortunately, in many cases, personal injuries might lead to wrongful death. It is a situation when someone dies due to someone’s carelessness or negligence. A wrongful death lawsuit can be brought against anyone, including careless drivers, medical professionals, and manufacturers.

Slip and Fall Accidents

If you fell or slipped on someone else’s property and injured yourself, you can legally sue the property owner for a physical injury that you had received. If he is found guilty in causing the accident and injury, he will have to pay for your medical bills. The statistics say that between 20% and 30% of people experienced fall and slip accidents have moderate and severe injuries.

Personal injuries of any kind are very common and happen to anyone anytime. However, it does not always mean that you have to be financially responsible for them. In most cases, if someone else is liable for your personal physical injury, you will be able to claim and receive compensation that will cover your medical expenses and bills. However, in order to make sure you are doing everything right, it is recommended to hire an experienced lawyer, who will take care of the case for you.

Addressing the Legal Landscape of Class Action Lawsuits Related to the COVID-19 Pandemic

Everyone has been impacted by the COVID-19 pandemic, as this has thrown individuals, families, and every business industry into a state of disarray. One of the consequences that will likely develop includes the filing of class action lawsuits stemming from the COVID-19 pandemic. Those who are looking to file lawsuits related to this virus need to exercise caution and prudence, as this is uncharted territory for which proving a legal precedence will be challenging.

There are experienced lawyers who have offered up some opinions related to how these class action lawsuits related to the COVID-19 pandemic are likely to proceed. First, it is important to note that class action lawsuits generally proceed in the same manner as any other lawsuit; however, because they are much larger in scale, there are major policy questions that will have to be answered. There are usually legal principles that are flexible enough that they can be used to apply to larger issues, such as a class action lawsuit related to the COVID-19 pandemic; however, the current climate will make this application more challenging.

Some of the traditional tort principles that lawyers use when it comes to the standard of care are going to be tested when it comes to lawsuits related to the COVID-19 pandemic. For example, when it comes to COVID-19, the changing circumstances are going to make determining what information applies, and when, that much harder. Therefore, lawyers need to remain in the moment, ask what information was actually present during that time, and then decide if all parties involved acted appropriately.

One of the other complicating factors related to lawsuits due to the COVID-19 pandemic includes the role of the government. Already, there are class action lawsuits that have been filed in the United States. The role of government lockdowns, business shutdowns, and more are going to raise serious questions related to who is liable for damages stemming from the COVID-19 pandemic. These are important issues that lawyers are going to have to address as they figure out how, where, and when to file these lawsuits. This is uncharted legal territory and everyone has to make sure they prepare as well as possible.

Substantial Settlement Approved in Personal Injury Case Stemming from Slip and Fall Accident

Personal injury cases are a major concern in society, as people can get hurt at any time, being left with mounting medical bills that they might not be able to claim. Recently, city commissioners in the city of Tallahassee approved a settlement of close to $250,000 for a man who tripped on a city sidewalk several years ago. While a trip and fall accident might not sound like a big deal, he was left with numerous head issues after he struck his head on a sidewalk. While he was treated at an emergency room in the local area and was later released, he went on to develop severe health complications. Some of these included balance issues, headaches, and repeated falls that ultimately led to the diagnosis of a traumatic brain injury.

He returned to the doctor’s office and was diagnosed with a large subdural hematoma, which is a bleed in the brain, and required emergency brain surgery. He subsequently developed blood clotting issues that damaged his renal artery, compromising both his spleen and kidneys, leading to further medical expenses.

As a result, this man was forced to undergo four separate surgical procedures. He even had to have a stent placed in his renal artery on the right side. Based on evidence that was introduced, his medical expenses totaled more than $235,000 and, because there is no cure for his conditions and complications, he is expected to incur substantial medical complications in the future as well. As a result, this man filed a lawsuit against the city, claiming they were responsible for the severe state of disrepair of the sidewalk where he tripped. The lawsuit was seeking damages related to current and future medical expenses, lost income, emotional distress, and numerous other damages that are recoverable under laws in the state of Florida.

This personal injury lawsuit highlights the severe medical complications that could befall someone following a slip and fall accident. It is important for everyone who suffers a serious fall to seek medical care immediately. Finally, everyone should remember that they are not alone. There are always trained professionals who are willing to lend a helping hand to those in need.

How Does COVID-19 Impact Personal Injury Cases?

Nearly everyone has been impacted in some way by the COVID-19 pandemic. It is important for people to understand how this might impact the legal industry because the pandemic could have a major impact on the legal landscape. The reality is that even though COVID-19 has shut down the workplace, many people are going to continue to suffer injuries at work, in slip and fall accidents, and in car accidents. While someone can still bring a personal injury claim seeking compensation for their injuries, the COVID-19 outbreak has impacted the court system significantly.

The Courts Are Shut Down

Like many other areas, the courts have closed except for cases that involve emergencies. This means that many cases, including criminal cases that usually have priority, are being pushed back. If there is an emergency hearing that has to take place, particularly one that involves medical treatment for someone, this is being heard on an emergency basis. This means that people are basically going to virtual court, where both sides will present their arguments over video conferencing technology. Then, the judge will issue his or her decision. Because personal injury cases are rarely seen as emergencies, they are being pushed back.

Personal Injury Cases Are Being Delayed

Because personal injury cases are not seen as emergencies, they are being delayed. What does this mean for the people involved? The biggest impact is that any trial is going to be delayed significantly. It is incredibly difficult to hold a trial over video conferencing, particularly when it comes to the jury. As a result, it will take a long time for personal injury cases to see the inside of a courtroom. This means that it is more likely that these cases are going to be settled. The two sides have more time to come to an agreement, so settling is simply more likely.

The Process Is Not Efficient

Now, this doesn’t mean that personal injury cases are going to be resolved quickly. With more time to settle, both sides have more time to prepare their arguments, find evidence, and try to strengthen their position. Therefore, anyone who is filing a personal injury case during this time has to be ready for the long haul.

An Overview of the Process of Mediation for a Personal Injury Case

When someone files a lawsuit for a personal injury, they are seeking compensation for a few specific damages. This includes medical bills that stem from the injury, any time that might be missed from work, and any damages related to pain and suffering. While both sides might posture during the negotiation process, the reality is that nobody wants to go to trial. If the two sides cannot come to an agreement, then one option that could be used to avoid a trial is called mediation. It is important for everyone to know what will happen when a mediator is used.

What Is Mediation?

First, it is important for everyone to know what mediation is. This is a process where a neutral party is used as a third party, essentially acting as an impartial, objective expert to help understand where both sides are at, what the differences are, and how they can be resolved as quickly as possible. Since neither attorney is impartial, it might be hard for them to put themselves in the shoes of the other side. This is where a mediator can be helpful. If a mediator is used, it is important for people to know what is going to happen and how this process is going to unfold.

What Happens During Mediation?

Usually, the two parties are going to be in separate rooms. The mediator is going to go back and forth, talking with each side, trying to figure out what is up for negotiation and what the sticking points might be. Sometimes, the clients are there with the attorneys. Sometimes, they are at home. Usually, the attorneys will do all the talking. The clients are usually just there to observe. If an agreement is reached, then the two parties will come together, make sure they agree on the same thing, and the case will be settled.

Is a Settlement Always Reached?

The reality is that the chances of settling a case with mediations are higher than settling a case without mediation; however, it isn’t always possible to reach a settlement even if mediation is used. Therefore, it is important for everyone to go into the process of mediation with an open mind.

ADT sued after its employee spied on more than 200 customers on security cameras

Two proposed class-action lawsuits were filed in U.S. District Court in Fort Lauderdale, FL on behalf of hundreds of ADT Security Services customers and others living inside their homes, including minors. They may have been victimized by an ADT employee, who had access to over 200 ADT accounts and security cameras of the ADT customers. He had been spying on them in their most intimate and private moments for seven years. The incident had affected customers from the Dallas-Fort Worth region – one of the larger ADT markets in the United States.

According to the lawsuits filed on May 18, 2020, the privacy of customers was breached because ADT did not follow the basic multi-level security procedures, such as text alerts and dual authentication when someone accesses the accounts. The company failed to provide protection of its customers’ privacy by allowing one of its employees to have access to both inside and outside security cameras in people’s homes. During his visits to customers’ houses, a technician from Dallas was adding his personal email to the accounts of the customers, which allowed him to log in, watch private video streams, and record them. He was also able to download the videos and images. The truth was revealed when one of the customers found the technician’s email in the list of the approved addresses given permission to access their security cameras. The customers were notified about what happened by ADT itself.

The lawsuits were filed to make sure that ADT will do its utmost to improve the safety of their system and regain the trust of their customers again. Each lawsuit seeks $5 million, along with interest. The company’s representatives said that they had already taken immediate action and put measures in place in order to prevent this from happening ever again in the future. They also pointed out that they deeply regret what had happened to over 200 of their customers. They added that they are supporting the investigation of their employee and are doing their best to bring justice to those ADT customers who were affected by the employee’s improper actions.

Judge Tosses Out Personal Injury Suit Filed by Cyclist Who Ran Over Bird Scooter Left in the Street

Scooters have been a rapidly growing form of transportation, particularly around large cities. Now, many are starting to highlight the serious safety issues that many of these scooters present. Recently, a cyclist was biking down the road when he struck a Bird scooter that was left in the middle of the street. He struck the scooter and was flipped head over heels off the bike. He ended up with a broken hip, which is always a serious injury and could lead to serious complications that could land someone in the operating room, the ICU, and even with a hip replacement.

This cyclist decided to file a personal injury suit against Bird, the company that owns the scooter that was left in the street. He alleged that Bird did not do enough to make sure that their scooters were properly locked up and kept out of the road after their riders let them go. He was seeking compensatory damages representative of the costs that he incurred as a result of the bicycle vs. scooter accident.

Now, a federal judge in Atlanta has decided to toss out the personal injury suit. The judge decided that the plaintiff did not have a case against Bird. Presumably, Bird is not responsible for how their riders treat their scooters. This cyclist might have had a stronger case if he would have been able to identify the specific individual who left the scooter in the street; however, he was unable to do so.

This suit simply serves to highlight both the dangers of these scooters and the high bar that personal injury lawsuits must reach in order to hold these companies accountable. While there are plenty of other examples of these companies being held accountable for their scooters, there are also plenty of lawsuits that end up like this one. It is critical for anyone who uses these scooters to make sure they are placed in a safe location once they are done using them. This will go a long way toward keeping everyone safe from harm, including bicyclists who might not be able to take evasive action in time to avoid serious injuries.

A Unique Partnership Between Personal Injury Law and Drone Technology Changes Accident Investigation

The world of personal injury law is changing quickly and drones are playing a role. The Association for Unmanned Vehicle Systems International recently announced some news that unmanned vehicles (UAVs) and robotics are being used by a personal injury law firm to recreate accident scenes.

This law firm is based in Dallas and is using commercial drone services from Midwest UAS Technologies. Together, the partnership is leveraging advances in aerial drone technology to improve the ability of insurance companies, juries, and lawyers to visualize just an accident involving cars, trucks, and motorcycles unfold.

Often, lawyers have had to recreate accident scenes from scratch in order to explain to juries, judges, and insurance companies just how an accident unfolded. An actual movie is going to make a stronger impression and these drones are helping them do that. Drones are being used to enhance and grow the world of accident investigation expertise. For lawyers who are trying to defend the rights of their clients, this represents a major advance.

The drones are being used to provide updated maps, recreate videos, and provide images that allow attorneys to put together the accident scenes with a higher degree of specificity. Then, the recreation will reflect real-time conditions at the time the accident took place.

Without a doubt, drones are moving the field forward. This partnership is raising the bar when it comes to gathering evidence and recreating accidents. Furthermore, these drones can also be used to collect evidence in a fraction of the time. Drones are able to reach areas with ease thanks to their ability to fly. Therefore, areas that would otherwise be inaccessible to law enforcement and other professionals can be re-imaged via drone

In the end, drones are improving the ability of personal injury law firms to serve their clients. These drones can collect information more quickly, recreate crime scenes more accurately, and provide stronger images for those who are evaluating the case. It will be interesting to see if this partnership between legal professionals and the tech world grows in the next few years. It could have a major impact on the outcome of personal injury cases all across the United States.

Washington Tort Wars

Even with the COVID-19 crisis dominating our lives, there is still politics going on all over the country. A term mostly used by the Capitol Hill insiders as ‘tort wars’ which are also still happening.

No legislative meeting would be complete without a hot debate on tort wars. The debate has existed for decades without resolution.

A tort is a wrongful act or an act that infringes on the right of another leading to civil liability. The only case that cannot be referred to as a tort is when one is under contract.

An example is if a driver is not paying attention to driving and it results in a fender bender or something more serious, that can be called a tort since you can sue the guilty party for damages.

As you can see there are many scenarios that can be called a tort so it is often up to the legislature in Washington to describe what it is. The political process to do is often long and very expensive, consuming a lot of taxpayer money.

Tort War Winners

Corporations seem to be the biggest winners of the tort winners in Washington. They have won several large battles in civil liability.

Employers, businesses and insurance interests are the greatest winners in the tort wars. Their power, financial reach and influence has proved instrumental in their victories.

There is a lot of money that the state is not generating because of unclear definitions of civil liability. In other states like New York, they have increased their revenue by introducing new laws against civil liability violations.

It is difficult to know exactly what exactly will be the extent of the benefit of such new laws to Washington state. But looking at other states, we can assuredly say that it will be significant.

New Legislation

This year will be different and will see fewer bills being reviewed and even less being enacted. Therefore, new litigation on defining torts will likely not be made.

The tort wars are hence sure to continue in Washington and in other states. Government, state agencies and personal injury lawyers are at the forefront of advocating for new legislation to add clarity to the law.

However, if history is to go by, the tort wars will be decided by a lot of politics, not facts or logic.

Choosing a Worker’s Compensation or Personal Injury Attorney

The country has gone through a tough time during the past few months and families are starting to feel the sting. This has brought issues such as personal injury law and workers’ compensation claims to the forefront. To know if people have a case, they need to speak with the right attorney. For those who are looking for legal representation involving personal injury and workers’ compensation cases, there are a few factors they need to consider.

Paying Attention to Credentials and Experience

It is easy to get sucked in by flashy advertisements and beautiful websites; however, in order for someone to figure out if they have truly found the person that is right for them, they need to look at credentials and experience. Ask the lawyer about his or her training in the legal field. Then, ask about experience. Try to figure out what types of cases that the attorney has litigated in the past. While every case is different, there are similarities among certain personal injury and workers’ compensation cases. A good attorney should be able to speak to this during an initial consultation.

What To Watch For When Choosing a Lawyer

When speaking with an attorney, there are also a few red flags that people should watch for. Most importantly, be very wary of any attorney or lawyer who promises certain results. The reality is that no attorney can predict the future. Even if a case seems like it is as close to a “sure thing” as possible, there is no telling what will happen once motions get filed and other attorneys get involved. Therefore, no attorney should ever promise a client a certain result.

How Do Payments Work for Attorneys in this Field?

Every attorney is going to have a different payment structure; however, there are a few common themes. If someone is filing a personal injury or workers’ compensation lawsuit, these attorneys usually work on contingency fees. This means that the attorney does not get paid unless the client wins and receives some financial award. Then, the lawyer takes a percentage of this award as his or her payment. These are a few of the most important factors that people should consider when looking for an attorney.