What makes a Personal Injury Case

Many people don’t call a personal injury attorney because they aren’t sure if their experience qualifies as a personal injury case. Let’s shed some light on what makes a case.

First of all, for a case to be heard, typically you must have suffered harm as a result of wrongful or negligent actions of a third person or entity. In plain English: Were you hurt and was it someone else’s fault? Then you might have a case.

Personal injury law allows the injured plaintiff to get compensation for the harm suffered, so long as he can demonstrate both liability as well as damages. What does that exactly mean for you? It means that you must be able to prove that whoever harmed you is liable for the damages you suffered. Furthermore, you must be able to explain exactly the extent and nature of the harm you suffered.

Does that all still sound a bit too abstract for you to decide whether you should sue? In that case, we’re here to help. We have connected over 4 million injury victims with experienced personal injury attorneys in their local area. Each of our Injury HelpLine attorneys is prepared and ready to listen to the details of your case. You can choose to hire him or not – the first consultation is free and carries no obligation. At the very least, after talking to one of our licensed attorneys you’ll have a better idea if it’s worth filing a lawsuit.

Types of Personal Injury Cases

If you’re not quite ready to talk to an attorney, we have prepared a list of typical personal injury cases that may help you think through your own situation.

Vehicle Accidents

Vehicle accidents include accidents involving cars, trucks, motorcycles, bicycles, tractors and all terrain vehicles (ATVs). Vehicle accidents are the leading source of personal injury cases in the United States.

According to the National Center for Statistics and Analysis (NCSA), there were over 6 million reported motor vehicle crashes in 2015 alone, resulting in 35,092 fatalities and 2.4 million people injured.

Vehicle crashes can cause a wide variety of injuries, from minor scrapes and bruises, to permanent brain damage or even death.

Injured victims usually file two types of legal claims following a vehicle accident – a claim for property damage, and a claim for personal injury. In fatal accident cases, family members may want to consider a wrongful death claim.

Learn more about vehicle accidents in our car accident claim guide and in our motorcycle accident claim guide.

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Tags: personal injury, personal injury case, personal injury lawsuit, personal injury type, personal injury types

You or your loved ones have been injured in an accident. It’s a confusing and stressful situation, so be sure to take care of your health first. After getting medical treatment, consult our personal injury checklist detailing the important things to consider after an accident:

1. Determine if the injury was someone else’s fault

If you can show that a third party is liable for the damages you sustained, you may want to consider pursuing a personal injury lawsuit. To see if your situation qualifies as a personal injury case, read our personal injury basics guide.

If you prefer to skip reading and are ready to talk to an attorney, just fill out a quick form and we’ll be happy to connect you for a free consultation.

2. Find out if you can get compensated for your injury

A bar-certified personal injury attorney can help you understand what compensation you can get for the injuries sustained. We can help you find an attorney in your area within minutes.

To get an overview on how much your personal injury case may be worth start by reading our guide to personal injury compensation.

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Tags: accident aftermath, accident victim guide, personal injury, personal injury checklist, personal injury guide, personal injury step by step guide, personal injury victim guide

You’ve just been through a traumatic experience and are exhausted from dealing with doctors, hospitals, insurance companies and your own personal feelings about your recent injury. Careful – you still need to keep a clear head so you can find the right personal injury lawyer to represent you.

Here are some key questions to ask your prospective attorney to see if he is qualified to handle your case:

Area of Expertise

• Are you a generalist or do you specialize in personal injury cases?
• How many personal injury cases have you successfully taken to trial?
• Can I get a reference from one of your past clients?
• Will you be personally handling my case?

These questions are aimed at finding out if you will get an experienced personal injury attorney. Most cases settle outside of court, but there is a chance you may have to go to trial. If you think this is likely, be sure to find out if the lawyer is prepared and ready to take your case to trial.

Finally, also make sure that the lawyer you are interviewing will be in fact the one representing you.

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Tags: ask a personal injury lawyer, ask an attorney, choosing a personal injury lawyer, choosing an attorney, choosing legal representation, interviewing a lawyer, questions for my lawyer

Most people only use a lawyer once or twice in their lifetime, which makes it difficult for them to assess their personal injury legal fees. The last thing you want to do after you or your loved ones have been through a traumatic experience is to add financial risk to an already complex situation.

We’ve compiled a guide to personal injury legal fees that will make it easier for you to determine how you will be charged. We hope this guide will make your search for legal representation as stress free and painless as possible.

Your first consultation can be free

If you are worried about spending money up front, Injury Helpline can put you in contact with a lawyer in your area so you can get a free consultation first. This will help you determine if you have a case and what it may be worth – at no extra cost to you.

Request a summary of fees, if any, up front!

If you decide to hire legal representation, you’ll need to understand how the legal fee system works. This can be confusing, which is why the American Bar Association recommends that personal injury lawyers explain their fees in writing as soon as possible after agreeing to take your case. Be sure to request this information from your lawyer!

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Tags: attorney cost, free legal advice, free legal consultation, free legal information, lawyer cost, legal cost, personal injury legal costs, personal injury legal fees

In February 2016, a Missouri jury ordered the pharmaceutical giant, Johnson & Johnson, to pay $72 million for the wrongful death of Jacqueline Fox. Fox was diagnosed with ovarian cancer after using Johnson & Johnson baby powder with talc for feminine hygiene purposes, for more than thirty-five years.

Punitive Damages Awarded by Jurors

Fox’s family claimed Johnson & Johnson was well aware of the link between ovarian cancer and the use of talcum powder for feminine hygiene, yet issued no warnings to women. Fox died a few months prior to the beginning of the trial, yet in depositions said she wanted other women to know of the potential dangers from using talcum powder. The Fox wrongful death settlement was split into $10 million in compensatory damages and $62 million in punitive damages.

Just over two months later, a second Missouri jury awarded plaintiff Gloria Ristesund $55 million for her talcum powder product liability claim. Ristesund also said she used J & J baby powder with talc and Shower to Shower regularly for more than three decades, then developed ovarian cancer in 2011. Ristesund’s award was split into $5 million in compensatory damages and $50 million in punitive damages.

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Tags: product liability, wrongful death

It is important to know that any business which welcomes the public onto their premises is legally charged with keeping those people reasonably safe. Whether you are at a “big box” store like Walmart, Sam’s Club or Costco, a supermarket chain such as Albertson’s or Safeway, or any business that invites the public in to purchase goods, there is an inherent obligation to keep customers out of harm’s way. If you are injured in a slip and fall on the store’s premise, you may have a valid legal claim against the business.

There are a number of factors involved in most store slip and fall accidents. Accumulations of snow or ice in the entry way, a floor mat which is bunched up, display items which are haphazardly placed, poor lighting or a spilled substance which has been there for a significant length of time but ignored can all cause slip and fall accidents. Consider some of the more notable lawsuits regarding slip and falls in stores.

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One of the most commonly known car-related product flaws is the Toyota gas pedal issue, where certain Toyota vehicles had the gas pedal stick when it was pressed down. This issue resulted in numerous drivers losing control, which caused injury accidents and even fatalities. Toyota was forced to recall more than four million vehicles and eventually reached a settlement of $1.1 billion for consumers who had been injured or harmed by the defect. This particular settlement contained no admission of fault on the part of Toyota.

Faulty Takata Airbags Result in Injury and Death

Another car-related product liability issue is the defective Takata airbags, which mostly affected cars built between 2002 and 2008, but also included models through 2014 in some cases. The main issue with the recall is that some airbags can deploy explosively, injuring or even killing car occupations. This issue involved the airbag’s inflator, which is some cases would ignite with explosive force. If the casing ruptured in a crash, there was a possibility that metal shards could be sprayed from the airbag throughout the vehicle’s cabin.

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In 2010, there were more than 40 million people over the age of 65 in the United States. These baby boomers currently represent the largest segment of our population, resulting in many of our elderly being placed in nursing homes when they are no longer able to care for themselves. Abuse and neglect may occur in these facilities; while the actual statistics on nursing home abuse and neglect are somewhat fuzzy, some feel as many as 40% of all nursing home residents are either neglected or abused in some way.

According to a study by Cornell University and the New York City Department for the Aging, the actual incidence of elder abuse is as much as 24 times greater than those cases that are referred to legal authorities or social services. A 2000 study conducted by National Center on Elder Abuse, found that more than 50% of nursing home staff admit to mistreating or neglecting patients in one way or another—a dismaying statistic.

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A concussion is a specific type of traumatic brain injury that is typically associated by a bump, blow or jolt to the head. Concussions can also occur due to a fall or impact to the body that causes the head and brain to move quickly in a back-and-forth motion. While doctors sometimes describe concussions as a “mild” brain injury because they are typically non-fatal, the effects of a concussion can be quite serious.

According to the Centers for Disease Control and Prevention (CDC), there are over 2.5 million emergency department (ED) visits per year related to concussions and traumatic brain injury. Based on ED visits, the leading causes of concussions are falls, car, truck and motorcycle accidents, being struck by an object, assaults and playing sports.

Concussion Symptoms

Most people that receive a concussion make a full recovery, but it is common for people to have symptoms that can last for days, weeks or a few months; however, for some people, symptoms can last even longer. Some concussion symptoms may appear right away, and others may not be noticed for days or months after the injury. In some cases, symptoms may not be fully realized until someone is back in their day-to-day routine or has an increase in stress.  If it is suspected that you, or someone you know, has suffered a concussion, it is important to look for warning signs and seek medical attention. Common concussion symptoms usually fall into four categories:

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Water is a fundamental resource required for human survival. For federal, state and local governments, ensuring that this resource is available and safe for consumption is important for the well-being of their residents. In order to provide protection against contaminated drinking water, there are laws in place that set minimum safety standards and response measures to minimize the risk of water contamination and the number of people affected. However, even with laws in place, contamination does occur and it is important to understand the laws, risks, response options and liability when things go wrong.

Safe Drinking Water Act: Laws to Prevent Contaminated Drinking Water

The Safe Drinking Water Act, which was passed in 1974 and updated in 1996, is the main federal law that is designed to ensure the quality and safety of drinking water for the United States. The Safe Drinking Water Act authorizes The Environmental Protection Agency (EPA) to set national standards for drinking water to protect people against health issues that arise from exposure to harmful water contaminants, such as lead and salmonella. EPA works with states, local governments and water suppliers, who carry out these standards, to help ensure compliance.  The Safe Drinking Water Act standards apply to public water systems, which include over 150,000 systems across the U.S., that serve more than 300 million people.

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