Little Leaguer suffers brain damage from bat, jury awards $7 million

Ten-year-old Dalton Nelson rushed onto a Utah baseball diamond to return a foul ball during a youth baseball tournament. He was accidentally clubbed in the head by a batter taking a warm-up swing. His parents sued, and won a $7 million settlement. [read more]

The famous/infamous “McDonald’s Coffee Spill Lawsuit” revisited

McDonalds CoffeeEverybody knows the facts of the "McDonald's Coffee Spill Suit" (at least they think they do).

We researched the case, and discovered that the reality is far removed from the commonly believed version—which we found is almost on a par with urban legends like the alligators in the sewers of New York. [read more]

How is the dollar amount in an injury lawsuit decided?

If you win a personal injury lawsuit, the money that is awarded to you will consist of “compensatory damages,” or an amount designed to reimburse you for all the losses that you suffered on account of the accident or other event. In some cases, you may receive additional “punitive damages” that are intended to punish the defendant. [read more]

Beware! Your employer may grab your personal injury compensation! (Wal-Mart did)

Wal Mart sad face52-year-old Deborah Shank became permanently brain damaged and confined to a wheelchair in a collision with a tractor-trailer 7 years ago. She received a $700,000 settlement from the trucking company. After attorneys’ fees and other expenses, she was left with $417,000. This was far too little to cover her ongoing medical needs, but at least it was something. The money was placed in a special trust to partially fund Mrs. Shank’s care.

Using a technicality in her health insurance policy in effect at the time, her former employer, Wal-Mart, sought to get its hands on the money. They sued and succeeded. The money is now slated to go to Wal-Mart, leaving Mrs. Shank dependent upon what she can get from Medicaid and Social Security. [read more]

Sinus infection treated with steroids instead of antibiotics—$3MM malpractice award

Lynn Flaherty went to her family doctor’s office, and complained of headaches and a nasal discharge—typical sinus infection symptoms. Apparently, the doctor didn’t even examine her, trusting instead in the “diagnosis” of her assistant. One thing led to another, and eventually Mrs. Flaherty had to have brain surgery. She sued for malpractice—and was awarded $3 million. [read more]

How to select a personal injury attorney

In a perfect world, justice would prevail easily and promptly, no matter what. But in the real world, justice must often be obtained through a long and complicated legal process. The people who are seeking to deny you justice–typically big corporations and insurance companies–are going to have formidable legal firepower on their side. If you don’t have a competent attorney working for you, you’ll be “outgunned,” and can easily lose no matter how good your case is. Here’s some advice on how to find such an attorney. [read more]

Student’s “allergic reaction” to restaurant–a lawsuit!

Applebees LogoChristopher Puccio visited an Applebee’s in West Virginia, and warned that he was extremely allergic to fish. Allegedly, the restaurant’s staff ignored his warning and failed to clean its grill before preparing his food. He experienced a severe allergic reaction and is now suing the restaurant. [read more]

“I’ve been injured! What should I do?”

It’s happened. You’ve been injured. Now what? While every case is different, there are some basic “dos” and “don’ts” just about everyone should follow in a personal injury case. Here’s our 8 step guide. [read more]

Judge declares caps on malpractice awards unconstitutional

In a welcome ruling, an Illinois judge has struck down a law that placed caps on some malpractice awards. The losers: big-money interests like the Illinois Hospital Association and the big insurance companies. The winners: anyone whose life might be shattered by medical malpractice—in other words, every American man, woman, and child. [read more]

“Crooked” lawyers? It does happen…

Those disgruntled with the outcome of a case often accuse one or both of the lawyers involved of being “crooked,” implying that a more “fair” outcome would have resulted had the attorney(s) not resorted to purported dirty tricks. Genuinely crooked lawyers, however, are a rare breed. Only seldom does one read of attorneys embezzling funds. Nonetheless, it does happen. [read more]

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