The 5 Largest U.S. Product Liability Cases

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We think you may find this article helpful… By Investopedia The Largest U.S. Product Liability Cases General Motors Co. (GM) has been making headlines again this year, but it’s the type of press that no corporation ever wants to face. In February 2014, it was discovered that several of its automobile models were manufactured with faulty ignition switches that could …

Negligence, The ‘Duty of Care,’ and Fault for an Accident

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We think you may find this article helpful… By David Goguen   Liability for an accident or injury usually comes down to who was careful and who was careless.        There is no limit to the kinds of accidents — some pretty strange and many beyond one’s capacity to invent — that cause people injuries. From vehicle accidents …

Driving While Distracted: Is the Textalyzer the new Breathalyzer?

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We think you may find this article helpful… By Kelly Wallace, CNN When Ben Lieberman’s son, Evan, was killed in a car crash five years ago, he spent months trying to get the driver’s phone records. “People thought I was crazy, and it was like, ‘What are you trying to prove here?’ ” said Lieberman, of Chappaqua, New York. Evan, …

Expert Witnesses – What They Add to a Personal Injury Case

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We think you may find this article helpful… by Nathanial Fick When you bring a personal injury lawsuit, you must be prepared to prove your damages within a reasonable degree of certainty. This doesn’t mean picking a number that seems fair, or simply guessing what happened when facts are in dispute. In many cases, expert witnesses are required to establish …

The Exploding E-Cigarette Epidemic

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We think you may find this article helpful… By William Ourand E-cigarettes have become a multi-billion dollar industry catering to millions of U.S. consumers. While the businesses behind these devices tout them as being a safe alternative to smoking traditional cigarettes, recent events have shown that these devices pose their own unique set of dangers. The potential for these devices …

10 Questions to Determine Hospitalist and Specialist Responsibility in Med-Mal Cases

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We think you may find this article helpful… by Douglas Bowerman Physicians known as “hospitalists” have emerged in recent years due to various economic, political, medical, and social forces on inpatient care, and now are the fastest growing medical specialty. Over the last 20 years, while the number of hospitalized patients and number of specialists available to care for them …

Personal Injury Lawyers Turn to Neuroscience to Back Claims of Chronic Pain

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We think you may find this article helpful… by Kevin Davis On a blistering summer afternoon in Tucson, Arizona, nearly 11 years ago, a truck driver named Carl Koch stood near the back of his tanker as it was being filled with molten tar at an asphalt plant. Suddenly a hose connection broke loose, spraying him with hot, gooey liquid. …

Calculating Pain And Suffering

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By Kathy Catanzarite “Pain and Suffering” is often an element of personal injury claims and must somehow be reduced to a dollar figure for settlement negotiations. However, calculating the dollar value of pain and suffering can be difficult. Personal Injury lawyers use several formulas for that purpose. One approach is the “multiplier method,” involving two steps. First, total your “special …

Medicare Set-Aside Accounts for Future Medical Expenses in Personal Injury Claims

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We think you may find this article helpful… by Richard M. Williams and Kathryn Camerlengo When a settlement is reached in a personal injury lawsuit, a written settlement agreement is prepared, and, if medical expenses for the injured party have been paid by Medicare, a Medicare Set-Aside Account (MSA) may be created to reimburse Medicare for past, and potentially future, medical payments. …

Independent Medical Exams in Personal Injury Claims

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We think you may find this article helpful… By David Goguen When you file a lawsuit and seek compensation for physical or mental injuries, the person or entity being sued (the “defendant”) or an insurance company may request an independent medical examination (sometimes referred to as an “IME”). There are a few reasons behind this request. The defendant or insurance …