Personal Injury

The Great Paris Debacle

»Posted by on Oct 23, 2017 in Personal Injury | 0 comments

So, we were at the train station in Paris, France, trying to catch a train that would take us to Normandy for the day. We had seen Saving Private Ryan and are some pretty big war buffs, so this was something we had been looking forward to for quite some time, even though I know perfectly well that Spielberg filmed the movie on the beaches of Northern Ireland, not actually here because that would be impossible. I digress. Some of us were going on to Ireland afterward and were planning on taking the night time ferry over, while other members of our extended family were headed back to explore more of France. Speaking of the French, I don’t know why they get such a bad reputation for being snotty and rude. Everyone who we encountered on our trip seemed more than happy to help us with directions, or read a sign, anything really. I apologize. I digress again, but it is worth noting that the French are awesome.

Anyway, as what always happens when we’re going anywhere with various members of my family, we were late. Some of us were running to get train tickets, while others of us, with our heavy looking suitcases, ran to find the train. When we all finally found the train, it was starting to move. We all ran to the train. Dad got there first, picked up his mom’s suitcase, which always infuriates mom because she can handle her own suitcase by herself, and started walking up the stairs. Obviously, those of us without suitcases climbed the stairs much easier. Dad, on the other hand, dad was having a rather difficult time getting up the stairs. As he began to slide backward, he dropped both bags, which I caught and mom, because she did not want dad to fall on her, shoved him forwards. He caught his balance on the open passenger door.

However, a train worker person, without realizing that dad’s hand was there, slammed the door shut on both of dad’s hands. He screamed in pain, and swore, a lot, which, under the circumstances, is allowed. While the train worker was somewhat apologetic, she did break some of dad’s fingers and half blame him for having his fingers there in the first place. After we all got settled with our bags and everything in their place, and we got some ice for practically all of dad’s fingers, mom went off to find whoever was the most senior train official on the train, so that she might raise holy hell on them for both slamming dad’s fingers in the door, which could have been seen as an accident, but they didn’t have to be so very rude about it the whole thing. If the foreign legal system was anything like what our hometown in Pennsylvania, we could sue for the damages. In the end, four of dad’s fingers were broken: three on the right and one on the left. Unfortunately, his right hand is his dominant hand. Fortunately, because he’s such an old-school tough guy, he wrapped his fingers up with cloths and carried for the rest of the day’s activities. He did go to a minor emergency clinic when we got to the Emerald Isle.

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Is Slander considered Personal Injury?

»Posted by on Aug 18, 2017 in Personal Injury | 0 comments

Some of the more interesting cases of damage that can be legally compensated are Defamation, Libel, and Slander. These refer to lies or false information that is intentionally spread to harm someone’s reputation. Throughout this article, we will explore the differences between these three concepts, whether or not they are considered personal injury and, finally, the types of compensation that can be awarded to a victim of such crimes.

Defamation refers to any instance of one or more persons unjustly harming the reputation of another. An admissible claim of defamation must prove a few things including that someone published a false statement that caused harm and didn’t fall into a privileged category. An example of a privileged category is someone speaking injuriously while on the stand at a trial. This type of speech is protected as privileged and typically can’t be pursued legally. For a legally defensible claim of defamation, each of the above requirements must be met. What about libel and slander? Defamation is an overarching category that encompasses both libel and slander. The difference between the two is as follows: libel is written and slander is spoken.

If the requirements of defamation are satisfied, a case can definitely be made for personal injury. Interestingly, famous and high profile figures in society have a higher burden of proof to sue for defamation. This is a result from a Supreme Court decision in 1988. Higher profile individual cases must also meet the requirement of “actual malice.” This is intended to protect people that might hastily report false information without actually intending to harm the relevant person. Protections like these help explain how gossip columns and tabloids are able to get away with constantly printing false or exaggerated information about celebrities.

There are many avenues through which someone can be victimized by defamation. If the defamation causes any harm to the plaintiff’s physical or financial well-being or if it significantly damages their reputation or prevents future associations with others, the individual might have a case to sue. Typically, plaintiffs are compensated with the removal of the alleged misinformation from its respective medium (although this is increasingly hard with the advent of the internet) and financial compensation.

If you are accused of libel or slander, there are a few important arguments that you can make to defend yourself. Proving that the information you reported was true is probably the most effective argument. Furthermore, you can be protected if the statement you made was in a privileged circumstance or if you made it to ensure the well-being of yourself, a family member, the Commonwealth, a publisher, or even an unrelated third-party.

If you find yourself victimized by a case of defamation, you should perform your own research and contact an attorney to determine if your case is eligible for representation and/or financial compensation. Sacramento personal injury attorneys can help you sue for defamation in personal injury cases to rightfully compensate you for any damages to your reputation.

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Personal Injury Information: The Devastating Consequences of Reckless Driving

»Posted by on Oct 22, 2016 in Personal Injury | 0 comments

Traffic accidents happen with alarming frequency in the United States. For the year 2015, the National Safety Council reported an alarming increase in motor vehicle crashes that lead to fatalities. Their data showed that there were over 38,000 people that died in these crashes and around 4.4 million people that reported injuries. According to Evans Moore, LLC, one of the main causes for these devastating crashes is reckless driving.

While there is no one legal definition of reckless driving, in most American states it is typically described as a situation where a driver is willfully disregarding the safety of both people and property while using his or her vehicle. Common instances of reckless driving include speeding, tailgating, running red lights and stop signs, as well as failing to signal while making turns or merging into traffic. Among all of these examples, perhaps the most alarming reckless driving behavior is drunk driving. As the Champaign personal injury lawyers of Spiros Law, P.C. point out, drunk driving is a reckless choice that claims thousands of lives every year.

The consequences of reckless driving range from fender benders to the most serious crashes. Victims of reckless driving accidents can end up with injuries as simple as a fractured arm or neck and spinal injuries. When the reckless driver in question is driving a vehicle like a truck that’s much larger compared to the other one involved in the crash, the accident could easily become fatal.  There are times when such negligent mistakes can lead to a minor rear-end collision.

Recovering from the devastation caused by a reckless driving accident can be challenging. If you or anyone you know has been hurt in a car accident, you have the legal option to pursue a personal injury lawsuit and receive compensation for the damages you’ve incurred.


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Slip and Fall Accidents: A Major Cause of Injury in the U.S.

»Posted by on Sep 8, 2016 in Personal Injury | 0 comments

There may have been a time when news about someone sustaining a severe injury due to a simple case of slip and fall sounded absurd and unbelievable. Today, however, with records from the U.S. National Safety Council (NSC) Injury Facts which say that more than 8 million slip and fall accidents occur every year and that this accident is one of the top causes of serious injuries in the U.S. and one of the most common basis of civil lawsuits, one can no longer dismiss claims that a slip and fall accident can, indeed, result to serious harm.

A slip and fall accident can happen not only in public places (such as hospitals, churches, malls, restaurants, and swimming pool areas), but also in private residences and work environments. According to the U.S. Department of Labor, slipping or tripping is actually the second most common cause of workplace injury.

A slip and fall accident can be due to various different factors: wet floor, tripping hazards, absence of warning signs on wet surfaces, unnecessary clutter, exposed wires, uneven floor or walkway, moss-covered floor, inadequate lighting along walkways, unstable surfaces, absence of railings or guardrails, and so forth. Its most common cause, however, is negligence – failure or neglect of workers or property owners to make sure that a place is free of accident-causing elements.

Some of the most serious effects of slip and fall accidents are hip fracture, torn muscle or torn ligament, knee injury, broken bones (wrist and/or elbow), and spinal column injury. Though a slip and fall accident is usually considered a fault of the victims themselves, under the law, it is still the owner of the firm or establishment who has the greater responsibility over the cause of the accident.

In the website of the law firm Hach and Rose, it is explained how slip and fall accidents can be very frustrating, especially in work environments, like construction sites, because these can actually be prevented simply through the implementation of adequate safety procedures. Thus, when property owners and general contractors fail to provide important safety equipment or maintain a safe environment, they may be held financially liable for the ensuing harm that comes to workers.

The case is the same when it comes to other forms of businesses, stores, or other people’s homes, according to a Champaign injury attorney with Spiros Law, P.C. Visitors naturally expect that the property owner has taken the proper precautions to ensure the safety and security of anyone who enters establishment or property. Unfortunately, this is not always the case. Even though it is the legal responsibility of the property owner to keep any guests safe, some negligent owners or management ignore common safety standards and endanger the lives of those who enter the property.

Again, this act of negligence holds property owners as ensuing accidents are mainly due to their failure to notify visitors of potential risks and take whatever steps necessary to reduce the danger. While it is the right of injured victims to pursue a legal action against a property owner, it is the latter’s duty to compensate victims for whatever losses and damages their injuries will entail.

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