Farr Kaufman.com
Continued General Liability


     If you invite people to your home and you are doing remodeling, you must keep your guests away from the hazardous area. If a guest should stumble in the dark and receive an injury, you may be liable.
     You should also be aware that you are held to an even higher standard when it comes to the safety of children. If you own property which you do not live on, you must take care to remove all dangerous conditions where children may injure themselves. Though there are benefits to home ownership, there are trade-offs. Taking care of your property is not only good for the resale value, it is good preventative medicine for lawsuits.

     
Public Transportation Liability

     The laws governing the public transportation industry hold that they must provide extraordinary care when it comes to the safety of their passengers. The reasoning is, with so many lives in their hands, they can act no other way. If you are injured, it may effect the rest of your life profoundly, changing how you live and your enjoyment of your life.

     The medical costs, both for emergency treatment and ongoing expenses, can be enormous. If an injury is the result of someone else’s negligence, you have the right to seek damages for your losses. These damages may include payment for pain and suffering, loss of consortium, medical expenses both past and future, lost wages for the past and future, and money for the trauma of physical disfigurement.

     How much you receive will depend upon not only the specifics of your case, but the defendant’s ability to pay. The proper will get you nothing.

     
Liability Insurance

     Liability insurance is a type of insurance that garuntees that you will be able to withstand a lawsuit, should someone be injured by or on your property. Most states require motorists to purchase some level of automobile liability insurance. This includes insurance for your passengers. In some states, there is a cap on the amount of money the insurance company must pay. After that portion is exhausted, you may be sued for the remainder.

     If you own a business, you will need to purchase liability insurance in order to protect the business from lawsuits. Your insurance company can help you to lower your premium costs by making safety recommendations. Unsurprisingly, those who have the most to lose are the ones who most need liability insurance. The worst tragedy for anyone carrying liability insurance, is to carry too little.

TYPES OF INJURIES AND ACCIDENTS

     
Wrongful Death

     The unexpected death of a loved one is always a tragic event. The loss of a husband, a wife, or family member often has painful consequences for the entire family. If a family member dies due to the wrongful or negligent act of a person, family members and the next of kin, may be entitled to damages for their pecuniary loss. Pecuniary loss is a monetary value that includes not only lost wages and support, but also the advice, comfort, assistance, & protection which the family member would have given had they lived.

     The surviving spouse and children may be entitled to recover damages for the loss of future earnings caused by the death of a spouse or parent. To determine a fair amount to provide for the future financial needs of a family, the deceased’s previous occupation, earnings, and health are considered. Other family members may recover damages for pecuniary loss based on their relationship with the deceased, and the guidance, comfort, assistance, and protection lost because of the death. Medical costs and funeral expenses are almost always recoverable in a claim for wrongful death.

     
Burns

     Burns are among the most painful injuries you will ever experience. They are disfiguring and often cause loss of mobility and flexibility. If your burns are the result of someone else’ s negligence, then you may be able to recover your medical expenses in a court of law.

     This will include not only emergency expenses, but all of the medical expenses that can be expected as a result of the burn for the rest of your life. You may be able to collect for loss of wages, loss of future earnings, loss of consortium, and pain and suffering.

     If you are injured on the job, then Worker’s Compensation will pay for your medical expenses and lost wages. If you are disabled, you may be able to collect disability payments from the government.

     
Broken Bones and Fractures

     Signs of a broken bone include the inability to use the injured area; there will likely be swelling and pain associated with a bone break or a fracture. One fairly obvious sign of a break is deformity or misalignment of the body in the area of the injury. For instance, let’s say your right foot is facing north, and your little toe is facing east. Then you’ve probably broken your little toe.

     First aid involves protecting the bone and body from further damage. No attempts should be made to set or straighten the broken bone. Instead it should be splinted in the place where it lies with a minimum of movement. If the bone has pierced the skin, bleeding should be controlled with direct and firm pressure to the wound, with sterile dressing if it is available. This is known as a compound fracture, and prompt medical treatment is essential.

     
Eye Injuries

     The loss of your eyesight is a terrible and frightening prospect, and would cause permanent disability. If you lose your eyesight due to the negligence of someone else, then you may be able to recover damages for your loss. Because the loss of an eye, both eyes, or eyesight in one or both eyes, may be a lifelong medical problem, it’s essential to recover enough money to pay for the anticipated costs that you will surely incur over the course of your life.

     You may be able to collect for loss of wages, loss of future earnings, loss of consortium, and pain and suffering. If you are injured on the job, then Worker’s Compensation will pay for your medical expenses and lost wages. If you are disabled, you may be able to collect disability payments from the government.

     
Head, Spinal, and Brain Injuries

     There are two major types of head injury. One is an injury to the brain caused by a penetration to the skull. The other type of head injury is a closed head injury, which may result from a severe whiplash, with or without striking the head, or by a blood trauma to the head. Either type of traumatic injury may trigger a wide range of symptoms, including attention and memory deficits, vision or balance problems, personality changes, and problem solving difficulties.

     Spinal injuries caused by an accident can include soft tissue injury to the neck, often called whiplash. This occurs when the neck is forced violently back and forth. Damage can also occur to the discs between the vertebrae. A disc injury may range from grade one, called a bulging disc, to grade three, called a herniated disc, depending on the severity of the symptoms, and CT or MRI scan results. If you suspect a disc injury, you should consult a specialist right away. These are potentially serious injuries that could have a long-term impact on your life.

     Prompt evaluation, treatment, and documentation of these injuries maximizes your chances of recovery, physically and financially. Seeking the advice of an experienced personal injury attorney as soon as possible after the injury, helps preserve the evidence, advance the claim, and secure the compensation to which you may be entitled.

     
Neck and Back

     Neck and back injuries are among the most hotly debated injuries you can receive. We all know how debilitating a neck or back injury can be. The problem is finding the physical proof. If there is actual damage, like a dislocated or herniated disc, it will show up on an MRI. Fractures are easily spotted on an X-ray. But for people who have suffered soft tissue injuries to the neck and back, you may have to go through a fight before your medical expenses are paid for.

     If you can prove injury in a court of law, and find someone else as negligent, then you may be able to collect for loss of wages, loss of future earnings, loss of consortium, and pain and suffering. If you are injured on the job, then Worker’s Compensation will pay for medical expenses and lost wages. If you are disabled, you may be able to collect disability payments from the government.

     
Herniated / bulging discs

     A herniated, or bulging disc, can be felt as a sharp or burning pain down the back or side of the leg, usually going down to the ankle or foot. Numbness or tingling may also be a problem, and for many people a herniated disc is severe enough to warrant medical treatment or even surgery.
     You see, your spine is made up of bones called vertebrae. Between each vertebrae is a fluie-filled disc. This disc acts as a cushion between the bones, and as a shock absorber. Sometimes one of these discs bulges out of position, and actually ruptures, or breaks. This can be brought on by sudden jolts to your spine, or repeated activities that work against your spine’s natural alignment.

     
Muscle and Ligament

     If you have damages in the muscle and ligament due to the negligence of another, it may be cause for a civil suit to recover damages for your injuries. Unless the injury involves traumatic tearing, obvious destruction of tissue, and the loss of complete mobility, you might find it difficult to show that you are in fact injured. You know you’re injured, but the tangible proof may be hard to come by. But that doesn’t mean that those who are responsible won’t have to pay for this injury.

     You may be able to collect for loss of wages, loss of future earnings, loss of consortium, and pain and suffering. If you are injured on the job, then Worker’s Compensation will take care of your medical expenses and lost wages. If you are disabled, you may be able to collect disability payments from the government.
     
Paralysis

     Paralysis is a very serious injury which will be very expensive to treat. If someone’s paralysis is caused by the negligence of another, then the injured party may go to civil court to recover damages for their injury. They may ask not only for the cost of emergency medical treatment, but also for the foreseeable costs that can be expected in this type of injury. Paralysis will require life-long treatment, related specifically to this injury, and to subsequent injuries that stem from the paralysis.

     You may also sue for loss of wages, loss of consortium, pain and suffering, and any other expenses that result from your injury. If you are injured on the job, Worker’s Compensation will pay for much of your medical expenses and lost wages. You’ll also be able to file for government disability payments.
     
Unconsciousness

     Unconsciousness is one injury that not many people associate with a lawsuit designed to recover damages. You may be surprised to know that loss of consciousness is often a sign of severe brain damage. It may effect the rest of your life profoundly, changing how you live and your enjoyment of your life. The medical costs both for emergency treatment, and ongoing expenses, can be enormous. If unconsciousness is the result of someone else’s negligence, you have the right to seek damages for your losses.

     These damages may include payments for pain and suffering, loss of consortium, medical expenses both past and future, lost wages for the past and future, and money for the trauma of physical disfigurement. How much you receive will depend not only on the specifics of your case, but the defendant’s ability to pay. Suing a pauper will get you nothing.

     
Amputations

     Amputation of a limb is perhaps the most traumatic injury one can suffer. It will effect the rest of your life profoundly, changing how you live and your enjoyment of your life. The medical costs, both for emergency treatment and ongoing expenses, can be enormous. If an amputation is the result of someone else’s negligence, you have the right to seek damages for the loss of your limb.

     These damages may include payments for pain and suffering, loss of consortium, medical expenses both past and future, lost wages for the past and future, and money for the trauma of physical disfigurement. How much you recover will depend upon not only the specifics of your case, but the defendant’s ability to pay. Suing a pauper will get you nothing.

     
Whiplash

     If you have ever experienced pain and immobility due to being suddenly jolted about, such as in a car accident, then you’ve probably felt the result of a medical condition known as whiplash.
     A whiplash type injury usually results from sudden acceleration, and then deceleration of head and neck in relation to the body. Sometimes a whiplash injury doesn’t come from a car accident, but can also occur form sports accidents, and other vigorous physical activities. During the accident, a strong whiplash-like movement of head and neck occurs suddenly, first in one direction, and then immediately in the other.

     This kind of violent movement can lead to extreme stretching, compression, and shifting of structures in the spine: ligaments, muscles, and nervous tissues, especially if a twisting motion is involved.
     
Dog Bites

     Anyone who owns a dog is responsible for that dog’s actions. This means that homeowners that keep dogs to protect their property, must ensure that anyone traveling by the property cannot be injured by the dog, and anyone who would be reasonably expected to enter the property be properly warned. This would include the mailman, the utility worker checking the meter.

     If you are bitten by a dog, the owner of the animal may be responsible for your medical bills, pain and suffering, and lost wages. Most homeowners are covered by their homeowners liability insurance.
     
Bicycles

     Though virtually any activity can be the cause of an accident, bicycle accidents are unique. If a bicyclist is injured by a negligent motorist, then they will likely collect from that driver’s auto insurance for any damages, but if the injuries are caused by a defect in the street itself, then the liability issue may be clouded.

     Many cities are protected from lawsuits by immunity laws. Though this protection is not bullet proof, it does make collecting damages more difficult. The key to personal injury is negligence. Anyone who causes you harm due to failure on their part to exercise due care, can be held liable for your damages. This means injuries sustained from riding into an unmarked hole or colliding with a car door opening on the street.

     
Boats

     Boats and boating are subject to the same liability laws as automobiles. If you are injured in a boating accident due to another’s negligence, you can sue for medical costs, lost wages, pain and suffering. Also, if you are injured due to a defect in the design or manufacture of the boat, you can also recover for your injuries.

     In a suit involving a manufacturing defect, you need not prove the manufacturer’s negligence, only that the product was defective in its design or manufacture. This could include a lack of sufficient warning about any potential risks or hazards associated with the operationof the vessel. Because the rules of navigation are more complex than the rules of the road, and there may be few witnesses and rarely any policemen on the scene, it may be more difficult to prove negligence.

     
Motorcycles

     The motorcycle accident is often one of the more deadly accidents, with injuries tending to be more serious, and medical costs higher. Because motorcycles are smaller, and have only one headlight in many cases, people in automobiles have a harder time seeing them. A single headlight may be confused as a pair of distant headlights, and by then it’s too late. The automobile has pulled in front of the motorcycle.

     Motorcyclists have the same rights as anyone else on the road, and they should protect them. If a motorcycle accident is caused by someone else’s negligence, then the rider may be able to sue for medical costs, lost wages, and pain and suffering.

     
Airplanes

     All public carriers have a special duty to care for their passengers, and this includes the airlines. If you are unfortunate enough to be injured in an airplane accident, either as a passenger aboard a large airliner, or as the pilot or passenger of a small craft, you may be able to sue for medical expenses, loss of wages, loss of future earnings, loss of consortium, and pain and suffering.

     If you were injured while on a public carrier, you will be able to make the case without problem. If you are injured while piloting, or as a passenger in a small private plane, you may be able to sue the manufacturer, if the accident came as a direct result of a defect in the manufacture of the plane. There have been many attempts to limit the liability of manufacturers for older aircraft. If it can be shown that a negligent failure, unrelated to the age of the craft, caused the accident, you still may sue.

     
Trains

     All public carriers have a special duty to care for their passengers, and this includes the train system. If you are unfortunate enough to be injured in a train accident, you may be able to sue for medical costs, loss of wages, loss of future earnings, loss of consortium, and pain and suffering. If you were injured while on a public carrier, you will be able to make a case without a problem. If you were injured on the train, you should contact legal representation immediately. Do not sign anything unless you have someone who knows how to read a contract go over the documents with you.

     Many insurance companies will try to get you to waive your rights. Be sure to ask for the names, addresses, and phone numbers of witnesses. If you have a camera, take photos to document the scene. If you see anyone with a camera after the accident, ask if they were taking pictures and if you may get copies.

     
Pedestrian

     It may come as no surprise, but pedestrian injury is the second leading cause of unintentional injury related death among children ages 5-14. One of the best ways to prevent pedestrian injuries, is to practice and teach proper pedestrian behavior.

     Make eye contact with drivers prior to crossing in front of them. Don’t assume that because you can see the driver, the driver can see you. Also, cross streets at the corner, using traffic signals and crosswalks whenever possible. Look left, right, then left again prior to crossing the street, and continue looking as you cross. Make certain you wear reflective materials and carry a flashlight at dawn and dusk. Walk facing traffic, and as far to the left as possible when sidewalks are not available.