Category Archives: Personal Injury Law


Personal Injury Law: Know Your Rights

Personal injury law, or tort law, deals with incidents where a person is injured due to the negligence of someone else. Personal injury is a broad field and includes physical accidents caused at work, car accidents, psychological illness, damage caused through defective products, etc. In this case, a third party is responsible for deliberately or unintentionally doing harm to others. So, what can you do if, unfortunately, you are faced with similar situations? It is really important to be aware of the laws in your state to take appropriate actions. First of all, you need to immediately find legal help before the statute of limitations ends, which tends to differ from state to state and case to case. A lawyer will evaluate your case and advise you on further proceedings. You must be ready with the following information prior to getting a lawyer:

  • The place where the incident occurred (this will help to decide the guilty party)
  • The date when the incident occurred (normally one can sue the guilty party within a year)
  • How it occurred? (to prove that it really was the mistake of the guilty party)
  • Were there any witnesses present at that time?
  • How much compensation are you ready to accept to settle the matter?

What to do when the settlement is unsuccessful?

Though most of the civil cases are resolved before moving to court, there are many instances when the defendant (accused party) is not ready to compensate the victim (plaintiff). When this happens, the next step is to move into court and challenge the defendant there. A judge will handle the case and give you a hearing date. If you win, the defendant could be liable for your legal fees during the trial and any lost wages. It must be noted that, in civil cases, the defendant will not be given any jail time. That only happens during a criminal case. In civil cases, the defendant will compensate through paying fees. The highest compensation is offered when serious injuries such as bone fracture or brain injuries are involved. It is imperative to consult with your lawyer about the fee they will charge. There is also an option of “no-win, no-fee.” So, it would be better to have a talk with the lawyer before proceeding with the case. Having enough evidence in the form of documents and witnesses is of immense importance to make a good case. If you don’t have any evidence, even if you are the victim, the court won’t be able to take any actions.

Court trial: what to expect and time taken

The compensation offered is directly proportional to the severity of the accident, provided you win. In any case, your lawyer will be there throughout the trial to help with all the proceedings. It is vital to note that the time taken till the verdict is reached depends on the strength of your claims and evidence. Normally, civil cases, contrary to criminal cases, takes less time to reach a verdict. However, it all depends on the evidence, your local jurisdiction and the defendant. Conclusively, you must be aware of the rights if you are involved in an accident.

Have you been involved in a civil case? What was the outcome? Leave your comments below:



Choosing a Personal Injury Specialization

As a lawyer fresh from law school, or even as an established member of the bar, it is easy to see and note the various occurrences that result in personal injury all around you. There are so many cases of personal injury each year that it can be tempting to want to handle every single one of them. Asides from the sheer volume of the work that would definitely weigh one down, it is noteworthy to mention that narrowing your field can help you better concentrate in your particular niche. Choosing the right specialization can help you do good for society and excel in your area of expertise.

Types Of Personal Injury Cases

There are many different types of personal injury cases, and some of them include traffic accidents, work accidents, assault, product defect, holiday accidents, medical malpractice and negligence (including dental), industrial diseases, repetitive strain injuries etc. The following are some questions you should ask yourself when you are trying to decide what aspect or type of personal injury case to specialize in:

Is This Your Passion?

The best personal injury lawyers are always passionate about the area they specialize in. You should ask yourself if you are concerned about a particular personal injury. Your compassion for victims of that particular injury would motivate you to do your best for them. Being too passionate about a cause can be a double-edged sword. If you should happen to be too passionate about the particular injury, your judgment could become clouded, or your decisions could be called in to question due to personal bias.

Do You Understand It Well?

Understanding the aspect of personal injury is a major requirement for choosing your focus area. It is common sense that you are likely to continue to do well in an area that you understand well. If you are a recent member of the bar, you can choose an aspect that formed a part of your bachelor’s degree, or if you are a seasoned attorney, then you must know or have a very good idea of what areas you have aptitude in.

Are You Compassionate?

Every personal injury lawyer, just like every lawyer, is in it for the win. You need to win the case and ensure your client gets what they deserve. However, in personal injury law there is also the humanity factor. Many of the top personal injury lawyers would tell you that the most important factor in this field is compassion. If you are compassionate with your clients about their personal injury struggles, and you are concerned with getting them their due, this will give you the motivation to succeed in doing so.

Making The Decision

You must be sure that you want to pursue personal injury law before even pondering a specialization. If you have decided that this is the route for you, choose the focus are in which you have a combination of passion, knowledge, and compassion. Narrowing it down in this way should help make your decision an easier task.


Product Recall? Here Are Your Options

Consumer products are recalled nearly every day. As discussed on, recalls may be initiated by the manufacturer or the government to protect consumers from products that have the potential of creating health and safety risks.

The Consumer Product Safety Commission (CPSC) is responsible for recalls in a range of categories, including children’s products, appliances, electronic and electrical products, clothing, furniture, household products, outdoor products, lighting, and sports and exercise equipment, as reported on Recent recalls are posted on the CPSC home page. Before you buy a product, particularly a children’s product, it is good idea to check and ensure that it has not been recalled.

When a recall action is taken, according to, sale of the product may be banned or consumers might be asked to return it for repair or replacement. In some cases, the manufacturer provides an additional part to make the product safe.

If you have purchased a product that has been recalled, take the following measures to ensure yours and your family’s safety:

  1. Go to the CPSC website page where product recalls are posted and locate your recalled product.
  2. Find out what the hazard is and why the product was recalled.
  3. Double check the model numbers to ensure you have the same product.
  4. Find out what the remedy is for that particular recall. You may be asked to:
  • Return the item to the manufacturer for a replacement
  • Take the product back to the store for a refund or exchange
  • Return a part of the product to the manufacturer for replacement
  • Order a repair kit free of charge
  • Throw the item away and receive a refund or exchange
  • Remove a dangerous piece from the item to eliminate the hazard
  • Replace instruction books or warning labels for the product

You will almost certainly need to contact the manufacturer of the recalled product. This is generally done by calling a toll-free number, but manufacturers may provide a way to contact them online regarding recalls.

In the case of baby products, About Parenting recommends that you register products using the forms provided when they are purchased so the manufacturer can contact you in the event of a recall. About Parenting also states that CPSC has warned consumers against attempting to repair recalled cribs on their own. In fact, you should not try to fix any recalled product on your own unless you have specific instructions from CSPC or the manufacturer to do so.


What to Do When You Have a Defective Product in Your Home

Defective products enter homes every day. According to Andrade Law Offices, even companies who pride themselves on the highest of quality are not immune to releasing a product that could potentially cause a personal injury or kill someone. As careful as many consumers try to be, they are also not guaranteed a safe product. Defective products, sad to say, are a fact of life. Does this mean that we, as consumers, need to be OK with that? Of course not, but we can prevent the possibility of an incident in our own home by being a little more proactive and aware.

What is a Defective Product?

A defective product is simply something that doesn’t work the way it was intended to and can potentially result in the injury or death of an individual. Generally, there are three types of product defects: design, manufacturing, and marketing.

  • Design Defect exists before the product is manufactured. For example, a piece of machinery could be missing an essential safeguard that was overlooked during the design process. If someone is injured while using this product, it could be blamed on a design defect.
  • Manufacturing Defect occurs during the construction or production of the item. In many incidents relating to a manufacturing defect, only a small amount of the product (such as a batch) are deemed defective. Manufacturing defects are common and can include anything from automotive recalls, food products, and various products throughout the home.
  • Marketing Defect is the failure to warn consumers of danger or having improper instructions. Most often, marketing defects are fixed shortly after the report of a design defect.

In some cases of a defective product, the product can be taken off of the market because it contains all three defects.

Defective Products: Dangerous for All Ages

Visit Consumer Product Safety Commission (CPSC) on a weekly basis and you will most likely see new recalls directly related to a design, manufacturing, or marketing flaw. CPSC’s mission is to alert consumers before anyone is injured or killed. In the case of many recalls, the defect was discovered before an incident occurred or reported. Any product can be defective, whether they are toys for a child or a simple over the counter medication. Here are just a few examples of defective products that really left a lasting impression on consumers of all ages:

  • Bouncy Moon Houses: These inflatable amusement houses that have gained popularity in backyards and kid-centered events for years. Between 2003-2013, there were an estimated 113,272 ER treated injuries and 12 deaths associated with the inflatable homes.
  • Tylenol: This common, over-the-counter pain reliever was forced to recall millions of product in 1982, when 7 people died after ingesting Extra-Strength Tylenol laced with potassium cyanide. In a “Top 10 Recalls” list released by Time, the tragic incident forced Tylenol to change packaging, resulting in a much safer product.
  • Firestone Tires: In 2000, 6.5 million Firestone brand times were recalled after 175 deaths and more than 700 injuries, a defect related to manufacturing.

What if I have a Defective Product?

The best way to avoid purchasing a defective product is by paying attention to daily and weekly reports released by the CPSC. While they cannot guarantee “catching” every defect, their list is extensive and lifesaving.

If you suspect or know a product is defective, collect as much information as you can about the product (serial numbers, barcodes, descriptive information) and report it to Don’t become a statistic, help prevent defective products from entering homes.


What Is A Personal Injury Attorney?

When a person has been injured, whether physically, emotionally or both, as the result of an act of negligence or wrongdoing, they often choose to retain the services of a personal injury lawyer. These legal professionals are engaged in protecting the rights of injured persons, filing claims and lawsuits, and managing all aspects of recovering compensation.

All personal injury cases hinge upon the legal concept of negligence, which is essentially when a person (or entity) acts or fails to act in a manner that another reasonable person would.

It is a broad concept, but can be applied to countless situations, such as drunk, speeding, reckless or distracted drivers, acts of medical malpractice, unsafe premises, or even dangerous dogs that have been allowed to roam freely. Establishing negligence is the first order of business for the personal injury lawyer, and he or she will review the facts in the case to make a decision about its merits. Some cases of negligence are very clear, and not in question, where others could are far more difficult to resolve.

Most injury cases are settled outside of court, but some must proceed to court when challenged, or when an insurance company will not pay adequate compensation to a victim.

Insurance companies are in the business of making money, and are commercial operations that answer to upper management and shareholders. The bottom line is the profits made by the company. Most people do not fully understand the processes that insurance companies employ when evaluate the value of, and pay out compensation for claims. Initially, an interview with the injured person takes place. Unfortunately, these interviews may have a hidden goal – getting the injured party to admit to some level of responsibility for the injury. Access to medical records is part of the process as well, and your entire medical history will be painstakingly reviewed to find out if there is any condition, illness or other situation that could have made the level of injury worse.

For example, if you had an existing back pain problem, were then hit by another driver, and your back injury was exacerbated, the insurance company could claim you already had a back condition and the accident was not the sole cause of the injuries you sustained. A personal injury lawyer works to protect the injured from these types of strategies, and is very familiar with how to manage requests for information from an insurance adjuster. In many cases, a person who is represented by an injury attorney will recover double or triple the amount in compensation than if the he or she had tried to resolve the case without legal help.

Insurance Companies and Personal Injury Lawyers

Insurance company personnel can often try to deter an injured person from contacting a lawyer, and will say that all that will occur is that some of the settlement money will be lost in legal fees. In fact, a personal injury lawyer takes a set percentage of the final settlement, which if it is far higher than the injured person would have recovered, is still significantly higher in value. How do they do it? They know how to correctly evaluate the long term consequences of the injury upon the person, and how state-specific laws or caps on certain damages can impact the amount sought in a claim or lawsuit.

For serious injuries, it is important that the injured person is adequately compensated. An individual who is facing disabilities, whether physical, mental or both, will be dealing with difficult challenges, and may never be able to work in his or her chosen profession again, or provide the income, love and care to the family as prior to the injury. These are all issues that must be evaluated and given a monetary value. A personal injury lawyer is a professional in this field, and can advise you of the actual value of your injury claim, and then proceed to pursue compensation that is fair. Insurance company personnel, such as defense lawyers, are aware that when a legal professional is on the case there is far less “wiggle room” and a much lower chance of getting an injured person to accept an unfair settlement.