What happens when an accident is caused by a defective product?
Defective Products Accident Accident Law
What happens when an accident is caused by a defective product?
Few manufacturers intentionally create and sell an inherently dangerous product or attempt to conceal its dangers. However, there are many products that do injure people despite manufacturers’ and governmental efforts to keep products safe.
For example, if you use a knife to slice a bagel and cut your hand in the process, neither the manufacturer of the knife nor the bagel bakery will likely be held responsible. However, if the knife snaps and injures you because of a manufacturing defect, the manufacturer – and possibly the distributor and the store that sold it to you – will be liable. Similarly, if the bagel contains impurities that make you very ill, the bakery may be liable for your injuries.
If products do not meet standards set by the government, or if the required governmental approval of a product (such as a new drug) was obtained by suppressing negative test results, there will clearly be liability on the part of the manufacturer. A product liability lawyer can assess the facts and circumstances and also candidly evaluate what a likely recovery might be.
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Categories: Personal Injury Laws Tags: accident
I have terminal cancer and while I was in the hospital, I was given the wrong medication and suffered severe pain unnecessarily. Can I sue for pain and suffering in my medical malpractice lawsuit? How much is my malpractice suit worth?
Pain Suffering Medical Malpractice Injury Law
I have terminal cancer and while I was in the hospital, I was given the wrong medication and suffered severe pain unnecessarily. Can I sue for pain and suffering in my medical malpractice lawsuit? How much is my malpractice suit worth?
The short answer is yes, you can sue. The long answer requires a little bit of discussion about medical malpractice in general. First off, if you have a personal injury case because a hospital or doctor or other health care provider was negligent in your treatment, it is called medical malpractice. Medical malpractice describes a scenario where the health provider did not provide treatment consistent with acceptable and customary practices of medicine. There are four requirements to a successful medical malpractice claim:
. The doctor or health care provider was responsible for treating you;
. They did not provide the required treatment or provided incorrect treatment;
. You were injured; or
. Your injury was caused by the failure of the health care provider to provide the required treatment
If you can prove these requisite elements, and show that you have been injured, you are entitled to damages.
Damages are awarded in the form of money to compensate the injured person for the injuries caused by the malpractice. There are two types of damages to which you may be entitled. First, economic damages, which are usually easily calculated, and include such losses as medical bills, costs of medicine, lost wages, etc. Then there are non-economic damages, which are more difficult to quantify. They include mainly damages for inconvenience, and pain and suffering.
Once you can establish that you have a medical malpractice case and can prove your economic losses, whether or not you will be able to recover non-economic damages will depend on where you are in the country. The medical community has been pushing for limitations on awards for pain and suffering due to what it claims is the high cost of malpractice insurance and the difficulty physicians have in obtaining it. Many states have already limited these awards or are about to.
A Colorado senate bill to raise the cap on non-economic damages from $300,000 to $450,000 died in the state’s house of representatives in April 2008. A few months later, a Georgia trial court found the state’s $350,000 award limit unconsitutional, while an Illinois court the previous Novemeber found that state’s $500,000 limit impermissible. Beginning July 1, 2008, Virginia’s economic and non-economic damages for medical malpractice capped at $2 million total. Here’s an example with two scenarios, one in a state with unlimited non-economic damages, and the same claim in a state where such damages are limited. Suppose you, as the injured party, have the following economic damages as a result of your having been given the wrong medication:
Medical Bills: $ 75,000
Future Medical bills: $ 20,000
Prescription Medications: $ 1,500
Future Medications: $ 900
Lost Wages: $ 5,000
_______________________
Total Economic Damages: $102,400
Assume you can prove that your pain and suffering was substantial, and lasted for a significant period of time. There is no permanent injury. All other things being equal, and looking to similar cases and their awards, in a state where the non-economic damages are limited to $250,000, your award would likely be in the range of $200,000 to $250,000. If you are in a state where the non-economic damages are unlimited, your award would likely be more in the range of $275,000 to $400,000 on average.
Please note that these numbers are based on fictitious facts and figures. Many other factors regarding how your life was affected by this loss, the quality of your testimony and what city or county you live in, to name a few, would determine at what end of the range your case would be resolved. Your individual case may vary from this substantially. For information on how to value your specific claim, and to find out if your state has a cap on medical malpractice non-economic damages for pain and suffering, contact an attorney in your area who is well-versed in medical malpractice law.
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Categories: Personal Injury Laws Tags: C, example, how to, injury
How can I enforce a judgment against a judgment debtor in another state?
enforce judgment collections
How can I enforce a judgment against a judgment debtor in another state?
While the actual methodology differs from state to state, the mechanics are typically similar. Once a money judgment has been perfected by the issuing court, the judgment debtor then tries to get the judgment debtor to “voluntarily” pay the judgment. Failing to obtain the cooperation of the judgment debtor, the judgment creditor then determines what property is owned by the judgment debtor and where that property is located. If the property of the judgment debtor is located in the state that issued the judgment, the judgment creditor can then proceed with enforcement. However, when the property of the judgment debtor is located in another state, the judgment creditor may need a “sister-state judgment” issued by a court in the state in which the property of the judgment debtor is located.
The United States Constitution, under Article IV, section 1 provides that full faith and credit must be given in each state to the public acts, records and judicial proceedings of every other state. Thus, a judgment issued by one state court must be given full faith and credit by the foreign or “sister-state” court. Although full faith and credit must be provided to judgments of another state, enforcement actions in the sister-state often requires acts to be taken by authorities in the sister-state (such as Marshals or Sheriffs) who will only act pursuant to an order of a court of their home state. For example, a judgment is obtained against a judgment debtor who has a bank account in California. To execute a levy upon the California bank account, the judgment creditor registers the Texas judgment as a California sister-state judgment, obtains a Writ of Execution directing a County Marshal in California to enforce the judgment and the judgment creditor then instructs the County Marshal to perform the bank levy at the bank where the judgment debtor has his/her money. The sister-state judgment is necessary since the Texas court does not have the authority to direct the actions of the County Marshal in California.
To obtain entry of a “sister-state judgment,” the judgment creditor applies to a court in the state in which the judgment debtor’s property is located. Some courts have a particular form which must be used by the judgment creditor and there is typically a requirement that the application for entry of the sister-state judgment be filed in a particular court (i.e. – applications for entry of a sister-state judgment must be made in a Superior Court and not in a Small Claims or Municipal Court). In addition to the application, an “authenticated” or certified copy of the judgment, issued by the court that originally issued the judgment, must be attached.
After filing the application, the judgment creditor must give the judgment debtor notice of the filing. This enables the judgment debtor to raise certain bars to the issuance of the sister-state judgment, such as defects in the issuance of the judgment or the original judgment is not final and unconditional. If the judgment debtor does nothing, typically the sister-state judgment is issued and then the judgment creditor can pursue all available remedies for enforcement of the judgment in the sister-state.
(Reviewed 11.10.08)
Categories: Bankruptcy laws Tags:
What works do not have copyright protection?
Work Not Copyright Protected Copyright Law Intellectual Property
What works do not have copyright protection?
The following do not have copyright protection:
(1) Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded);
(2) Works without enough “originality” (creatively) to merit copyright protection: titles, names, short phrases, and slogans; familiar symbols or designs; font design; ingredients or contents; facts; blank forms, etc. As there is great tension here between granting incentive and financial reward when something is worthy, but not granting it to things so basic and commonly used that everyone would be forced to pay, the law is somewhat unclear in this area.
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Categories: Intellectual Property Laws Tags: C, example
In a company manual, we will use quotes from a variety of authors–shakespeare, poe, for example– and give attribution. Do we still need to obtain permission from anyone?
Company Manual Copyright Law Intellectual Property
In a company manual, we will use quotes from a variety of authors–shakespeare, poe, for example– and give attribution. Do we still need to obtain permission from anyone?
For long dead historical persons, the answer is no. You can use as much as you want. Any copyright Shakespeare may have enjoyed for his works and utterances has long expired.
On more recent works, it all depends if the remarks were copyrighted, and when, and if the copyright was renewed. But even so, you may be able to use small portions. If the quote is 100 or more years old, it is absolutely safe.
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Categories: Intellectual Property Laws Tags: C, example
Is there a requirement that I physically live apart from my husband while we are in the process of divorcing?
Divorcing Divorce Law
Is there a requirement that I physically live apart from my husband while we are in the process of divorcing?
The only requirement that you live apart is if you are proceeding on no-fault grounds that are based upon separation.
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Categories: Family Law FAQ Tags:
Or Common Law Marriage – Can a couple become legally married by living together as man and wife under oregon’s laws?
Can a couple become legally married by living together as man and wife under oregon’s laws?
No
[Note: a couple legally married at common law in another state is regarded as married in all states.]
OREGON
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Categories: Family Law FAQ Tags: legal
How old do you have to be to get married without a parent’s consent?
How old do you have to be to get married without a parent’s consent?
In most states the minimum age to be married is 18. Though there are a few states with different laws. For example, the minimum age in Hawaii and Georgia is 16, the minimum age for males in Mississippi is 17 and females is 15, the minimum age in Nebraska is 19, and in Utah the minimum age is 18, but the law authorizes counties to provide for premarital counseling before issuing a license to persons under the age of 19 and persons previously divorced. (Warning: Just because you can get married, we don’t suggest that you do.)
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Categories: Family Law FAQ Tags:
Chrysler’s Recklessness in Defective Seat Case Will Cost it $18 Million
Chrysler Defective Seat Lawsuit 18 Million Defective Products
Chrysler’s Recklessness in Defective Seat Case Will Cost it $18 Million
The Daimler Chrysler Corporation was found to have acted recklessly in maintaining the design of the seats in its Dodge Caravan. It will cost the company $18 million after an eight month old child was killed when the seat collapsed in a rear end collision.
Defective and unreasonably dangerous seats
The case involves an eight month old boy who was riding in the back of his parent’s 1998 Dodge Caravan. The minivan was rear-ended by another vehicle and the front passenger seat of the minivan collapsed and crushed the child’s skull. The parent’s sued Daimler Chrysler for the defective design of the seats and alleged that they were unreasonably dangerous and that the company failed to correct the problem or to warn consumers of the potential dangers.
The verdict(s)
Even though Chrysler defended the case by showing that its design exceeded federal regulations, it was still held liable – along with the driver of the car that rear-ended the minivan whose limited insurance coverage could not even begin to compensate the child’s parents. A Tennessee jury found that the manufacturer has acted recklessly in the design of the seats and awarded the parents $5 million in compensatory damages and $98 million in punitive damages. However, Chrysler appealed and that amount was later reduced to $13 million – an amount that the child’s parents would no doubt forfeit to have their son back.
Personal injury and products liability often go hand in hand
While many people, including some general practice lawyers, would only view this tragic event as a personal injury case, the fact is that many personal injury cases often go hand in hand with products liability cases. It takes a savvy lawyer to understand how and when a defective or unreasonably dangerous product could have been responsible for the wrongful death.
Many attorneys focus their practices in this area of the law and know what to look for and how to go about recovering damages for which plaintiffs are rightfully entitled. If you’ve been involved in an accident, contact an experienced product liability attorney to discuss your situation.
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Categories: Personal Injury Laws Tags: accident, consumer, injury, lawyers
Is there a difference in the value of a case if it is settled without a lawsuit instead of with a lawsuit?
Personal Injury Value Of Damages Injury Law
Is there a difference in the value of a case if it is settled without a lawsuit instead of with a lawsuit?
The short answer to this question is no, right? Why should it make a difference? The injuries, lost wages, pain and suffering are the same whether there’s a lawsuit or not. Well, not so fast.
Let’s start with the basics. There are three ways to handle your case.
1) You can handle it yourself and deal directly with the insurance company.
2) You can hire an attorney to handle it for you without filing suit-just to negotiate a settlement with the insurance company. Or,
3) You can hire an attorney and file suit against the responsible party.
If you are handling the case on your own, there is no difference in “value,” per se, but the difference may be in whether you actually are offered and ultimately settle for the true value of your case. Much of that is determined by what documentation you provide to support your claim, your statement and those of witnesses, and your level of knowledge about the value of your case, so you know what to ask for. If you don’t ask for an amount that represents the true value of your claim, then it’s in the hands of the claims adjuster to offer you an amount that may or may not be appropriate. But how will you know? Do you know the insurance liability limits? Are there other sources of insurance? What is the adjuster likely to pay out? Do you know how to assess the value of your case? And how are your negotiating skills?
If you have not filed a lawsuit, but you have an attorney handling the claim for you, he will know what documentation to provide to the insurance company to support your claim, and he will do a thorough evaluation of the claim in order to know what to ask for when it comes time to make a demand for settlement. Having an attorney also changes the settlement dynamic; it levels the playing field, so to speak. The attorney may also be able to uncover other sources of compensation, which may not be readily ascertainable to you. Does it make a difference if he has filed a lawsuit on your behalf or not? Yes and no. If he has not, he is dealing directly with the adjuster. Although the goal is the same for both your attorney and the adjuster, i.e., to settle the case, the adjusters’ responsibility to their employer is to pay out as little of the insurance company’s money as possible and to settle claims promptly. Your attorney’s job as your advocate is to get a fair settlement of your claim that represents the true value of your case. Negotiating a fair settlement is a give-and-take process. Compromises are often made, however, to get the matter settled before the deadline to file suit, and you may end up with less than you might otherwise get, although likely more than if you worked directly with the insurance adjuster on your own.
If your attorney files a lawsuit, he is now dealing with another attorney on the other side rather than an insurance adjuster. The adjuster still holds the purse strings, but the attorney is relied upon for his evaluation of the case. The court is involved in the supervision of the case by this point and has deadlines for the filing of various documents and for attending certain meetings towards settling the case. Depositions of witnesses may be taken and important documents may be subpoenaed (legally demanded), such as wage loss information, medical records, etc. In other words, there is pressure from the court, but now there is also sufficient time to get more information across to the other side to support your case and to help your attorney to do a thorough evaluation. Is the value of the case different just because a lawsuit was filed? No, it’s not, but you are much more likely to obtain a settlement that reflects the true value of the case rather than one that compromises value for expediency.
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