Injury Law Firm Blog

GM Tries To Weasel Out Of Responsibility For The Harm Caused By Faulty Ignitions Switches By Hiding Behind Bankruptcy Protection

A defective ignition switched used in some cars from General Motors could cause serious problems including airbags failing to deploy and the engine to shut off unexpectedly. Though GM had ample evidence that the problem existed since 2005 and decided to not fix the problem because of financial reasons.

GM has since admitted the ignition switch problem caused at least 31 car crashes and 13 deaths. However because the problems with the defective ignition switches began with GM before the company went into bankruptcy protection, the current executives are arguing that the “New GM” should be exempt from law suits that should have been filed against the “Old GM”.

This argument is laughable. Despite GM being aware of the defect since 2005 they only issued recalls starting in early 2014. All together some 2,191,146 vehicles were recalled which included all model years of the Chevrolet Cobalt and HHR, the Pontiac G5 and Solstice, and the Saturn Ion and Sky, millions of vans, sedans and sport utility vehicles.

Such a massive recall nearly a decade after the problem was discovered is shameful. Yet once again the corporate lawyers are attempting to avoid the financial responsibility their company owes the families whose lives... ...read full post

We Want You To Be Aware: General Motors Has Announced A New Round Of Recalls Dealing With Investigations On Multiple Fronts.

We want you to be aware: General Motors has announced a new round of recalls dealing with investigations on multiple fronts. More than 1.5 million SUVs, Vans and Cadillacs are part of GM’s second wide-ranging recall this year. The new recall covers air bag and brake issues. In addition to the new recall, 1.6 million small vehicles are being recalled for ignition defects causing car engine and electrical systems to shut off disabling air bags.... ...read full post

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posted by Elisabeth DeWitt , in:
Alerts


Do The Recent Changes In Personal Injury Protection Law Favor The Consumer?

Do The Recent Changes In Personal Injury Protection Law Favor The Consumer?The recent changes in Florida’s Personal Injury Protection (PIP) laws has led to considerable debate over who actually benefits from them, i.e. the consumer or the insurance companies.  For the consumer, the failure to follow these laws could result in losing the benefits that you are entitled to should you be injured at a place of business, in an auto accident, on the job, or due to another person’s negligence.  Not only are these changes associated with bodily or physical injury, they are associated with emotional or mental injury.

Primary Changes To The PIP Law

Although some of these PIP law changes went into effect nearly two years ago, the majority of them took effect the first of last January (2013).  The 4 most important changes that consumers should be concerned with include the following:

  • You have 14 days to receive medical attention if you are injured in an auto accident and are seeking Personal Injury Protection benefits.  In order to be reimbursed for your medical expenses, they must be ordered,... ...read full post

Who Is Responsible For Your Slip And Fall Injuries?

Who Is Responsible For Your Slip And Fall Injuries?One of the most common questions that clients typically ask their slip and fall lawyer in the initial consultation is “who is responsible for my injuries?” Every year thousands of individuals are injured because of a slip and fall accident.  In some instances, those injuries can be extremely serious or even life-threatening.  These accidents typically occur when dangerous conditions exist in a place of business or on a person’s property.  This includes tripping on a flight of stairs, on a floor, or on a patch of ground.

In some cases, the owner of the business or property is found responsible.  However, there are instances when they are not liable.  The only way to determine this is with the assistance of an experienced slip and fall lawyer who can do all the research necessary prior to presenting your case in a court of law.  What you need to be aware of is the fact that it is not unusual for things to drip or fall on a floor or for certain surfaces to become uneven over... ...read full post

Dealing With A Traumatic Brain Injury

Dealing With A Traumatic Brain InjuryAccording to the CDC (Centers for Disease Control and Prevention), one of the most complex injuries that an individual can suffer is a Traumatic Brain Injury or TBI.  Not only does it exhibit a broad spectrum of disabilities and symptoms, it affects nearly 1.5 million individuals every year in the US.  Of those 1.5 million cases, 85,000 result in long-term or permanent disabilities while 50,000 are fatal. Currently, nearly 5.5 million Americans are living with disabilities that resulted from traumatic brain injuries.

What Causes A Traumatic Brain Injury?

The CDC goes on to say that a TBI can be caused in a number of ways with the top three being car accidents, falls, and firearms with fatalities occurring 9 out of 10 times when firearms are involved.  Elderly individuals and young adults are at the greatest risk of suffering traumatic brain injuries.  However, these three causes can also lead to traumatic spinal cord injuries as well.

Additionally, there are certain mechanisms that are considered the greatest causes of TBI’s including bacterial and viral infections, chemicals and toxins, closed and open head injuries,... ...read full post

Understanding The Wrongful Death Statutes In Florida

Understanding The Wrongful Death Statutes In FloridaThe state of Florida has published statutes regarding wrongful death, more commonly referred to as “Florida’s Wrongful Death Act” (Sections 768.16-768.26). It contains the definition of a wrongful death as well as other information regarding the issue. This piece of legislation states that a wrongful death is any death that has been caused by any breach of contract or warranty, default, negligence, or wrongful act. If a loved one has died as a result of any of these acts and another individual was responsible, you can sue them.

Like most of the other states in the US, Florida has interpretive laws which clearly state the right to action and recovery in a wrongful death lawsuit on behalf of the surviving family members. The following is a brief outline of the different sections contained in the Wrongful Death Act:
  • 768.16 – states that the Wrongful Death Act is comprised of Sections 768.16-768.26 and cites history references
  • 768.17 – discusses the legislative intent of the policy
  • 768.18 – defines minor children as any child under the age of 25, net... ...read full post

What You Should Know About Personal Injury Protection In Florida

What You Should Know About Personal Injury Protection In FloridaPersonal Injury Protection or PIP is an auto insurance extension that is available in 17 states including Florida.  It covers an individual’s hospital and medical expenses, but in some instances, it also covers damages and lost wages. Since the state statutes that were passed into law regarding this type of insurance were “no-fault” laws, PIP is oftentimes referred to as no-fault insurance coverage.  In other words, this type of coverage was designed to pay certain expenses that an individual incurred regardless of who was at fault in the accident.

PIP also refers to any insurance that includes personal injury coverage for defamation, emotional distress, and libel as well as physical injury.  Although homeowner’s insurance typically covers any liabilities resulting from bodily injury, it does not cover any liability that is associated with emotional or mental injury.  In March of 2012, the Florida Senate passed HB119 also known as the Personal Injury Protection (PIP) Law.  The intention of the law was to impose limits on the amount of benefits, litigation, and monies that are... ...read full post

Hiring An Experienced TBI Lawyer

Hiring An Experienced TBI LawyerWithout a doubt, one of the most difficult decisions a family has to make is whether or not they need to hire a lawyer, especially when it involves a loved who has recently suffered a traumatic brain injury or TBI. However, it is not just the individual that suffers when they incur this type of injury.  The entire family suffers.  Those injuries can be financially and medically devastating, not to mention physically and socially.

In cases such as these where an individual is at fault for the other person’s brain injury, it is critical that the injured person’s family seek out and retain legal representation by an experienced and knowledgeable TBI lawyer.  If the family has any hope of receiving proper compensation and damages, this is essential.  In turn, that compensation is the best possible outcome that can be attained where long-term adjustment and recovery are concerned.

Questions To Ask The Attorneys You Consult With

The family members of the injured victim must be knowledgeable of personal injury law as it relates to traumatic brain injuries and the type of attorney that they... ...read full post

What Are The Responsibilities Of A Florida Personal Injury Attorney To Their Clients?

What Are The Responsibilities Of A Florida Personal Injury Attorney To Their Clients?Whether you are a business owner, a corporate CEO, or a private individual, you can benefit from hiring a personal injury attorney whenever you have a claim.  Aside from being able to take advantage of their experience and legal expertise, they will ensure that your rights as an accident and injury victim are protected under law.  However, the responsibilities of personal injury lawyers do not stop there once you have hired them.

First and foremost, no two personal injury claims or court cases in the state of Florida are ever the same due to the complex nature of the applicable laws.  But despite how every individual case is different from the others, there is a single common element throughout – emotional distress.  Additionally, personal injury claims can be extremely diverse and include automobile accidents, defamation, dog bites, libel and slander, negligence, premises liability, and wrongful death litigation.

Evaluating Your Case

The first and most important responsibility that a personal injury lawyer has to their client is to consult with... ...read full post

Understanding Personal Injury And The Need For An Attorney

Understanding Personal Injury And The Need For An AttorneyAs opposed to any injury to property or property damage, the legal term “personal injury” refers to any emotional, mental, or physical injury.  The term is most commonly used in Anglo-American jurisdictions in reference to injuries resulting from another individual’s negligence.  The damages in personal injury cases typically refer to some sort of bodily injury.  However, intentional infliction and negligent infliction of emotional distress are also considered in personal injury issues.

Common Types Of Personal Injury Claims

Personal injury encompasses a broad range claims associated with intent or negligence.  Some of the more common personal injury claims include:
  • accidents at home
  • accidents at work
  • assault claims
  • holiday accidents
  • product defect accidents (product liability)
  • slip and fall accidents
  • traffic accidents

However, the term also incorporates dental and medical accidents as well as any condition that can be classified as an industrial disease.  The injured individual is oftentimes awarded monetary compensation in a personal injury case depending on the responsible person’s intent or negligence.  In most cases, compensation is awarded in the form of a court judgment or out-of-court settlement.

Damages And Compensation Awarded In Personal Injury... ...read full post

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To successfully fight a case against an insurance company, an accident victim usually needs to hire one or more attorneys who specialize in handling accident claims. These lawyers are often paid a percentage (generally 33.3% to 40%) of the ultimate recovery in the case.


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New Bills Proposed In The Florida Legislature Seek To Undermine Health Care For Injured Accident Victims - read more