Monthly Archives: November 2015

Deciding Whether to File a Lawsuit

If you have been injured, in an auto accident, for example, you may just assume that a lawsuit is the next logical step.   However, it is not always the best option, financially.  There are so many factors involved in litigating a personal injury case, beyond simply determining who is at fault.  Deciding whether to file a lawsuit is an important step and should be discussed with your personal injury attorney. A Common Scenario Ms. Smith contacts her personal injury attorney and informs him that she has been involved in an auto accident and has suffered minor injuries. The driver of the other vehicle does not admit to liability, but instead, argues that Ms. Smith caused the accident. The accident report does not make the issue of liability any clearer.  Considering that litigating your case can cost be $5,000 and $10,000, it may not be financially feasible to sue. Suing on Principle is not always a Good Idea There are situations where, even if you are determined to make your point


How to Avoid Common Motorcycle Accident Situations

We all recognize that riding a motorcycle can be dangerous – in some cases, more dangerous than riding in a car.  However, if you know what to do, riding a motorcycle can give you the best possible circumstances to avoid an accident — incredibly powerful brakes, obstruction-free vision, excellent handling and very efficient tires.  Knowing how to avoid common motorcycle accident situations can mean the difference between injury and death. Be familiar with general motorcycle safety The best way to reduce the risk of being injured in a motorcycle accident is to educate yourself on motorcycle safety in general.  In fact, if you are a new motorcyclist, it is highly recommended that you complete a basic course in riding.  Also, be sure to invest in appropriate safety gear. Bright colors will help other drivers on the roadway to see you, which could also help in avoiding some of the common motorcycle accident situations.  Two of the most common situations are when a car turns left

Exculpatory Agreements in Youth Sports Programs

Youth participation in school sports can be very rewarding, for the child and the parent.  However, when injuries occur, a parent s concern about the seriousness of the injury will soon take center stage.  If an injury is particularly severe, the issue of legal responsibility becomes important.  Exculpatory agreements in youth sports programs play a substantial role in determining the extent of liability, if any, the school or sports program may have. What is an exculpatory agreement? An exculpatory agreement is a contract, or a provision in a contract, that stipulates that one party is relieved from liability under certain situations of wrongdoing or from the performance of a contract.  Exculpatory agreements are also referred to as waiver/release agreements. The purposes of exculpatory agreements The purposes of this type of agreement in the youth sports area are twofold.  First, the agreement is meant to excuse a sports organization or school for its simple negligence.  Secon

Catastrophic Injuries from High School Football

Participation in school athletics can be very rewarding for children, as well as their families.  However, with the reward, also comes an inherent fear of serious injury.  The stories of high school students suffering catastrophic, or even fatal injuries have become much too common these days.  In fact, catastrophic injuries from high school football, for example, are on the rise.  As unfortunate as the injuries are, for your child and your family, you may be entitled to compensation. Heartbreaking stories of catastrophic football injuries Over the last decade, there have been an average of three deaths each year, reportedly attributed to high school football injuries, according to one survey.  Most recently, a high school football player in Illinois, Andre Smith, died October 23 after suffering blunt force head injuries, during a football game.   He hit his head during the final play of the game, walked off the field, and later collapsed.  Kenney Bui, a student at Evergreen H

Wrongful Death Claim against Long Term Care Facility

A recent jury verdict in New York demonstrates the potential success of a wrongful death claim against long term care facility.  The victim, Edward Gardner, had been admitted to the nursing home for rehabilitation after suffering a heart attack.  Gardner died two weeks later.  His family sued the long term care facility for wrongful death and the jury found the facility guilty. Allegations of nursing home neglect According to Garner s family, he was not fed properly, he was often left in soiled briefs for hours and allowed to fall from his wheelchair on at least two occasions, during his 14-day stay at the nursing home.  Unfortunately, after his second fall from his wheelchair, he suffered internal bleeding and other complications, requiring his readmission to the hospital, where he later died. Jury awarded $1.13 million to the family for wrongful death Following a trial, the long term care facility was found liable for pain and suffering, deprivation of human dignity, wrongful de

Settling an Auto Accident Case Before Trial

So, you just filed a lawsuit after being injured in an auto accident.  The first question you probably want to ask is whether or not you have to go to trial.  Unless the court throws your case out at summary judgment, the only way you can avoid trial is if your case settles.  Settling an auto accident case before trial can be tough, but not impossible. Predicting whether a case will settle Clients typically ask whether their case will settle before trial.  Predicting whether a case will settle is never easy, and not all cases can settle.  The chance of successfully settling a case depends on so many different factors. However, there is always a possibility of settlement at any point during the litigation process.  Some types of cases are more difficult to settle than others, so the legal issues involved have an impact on the possibility of settlement.  Also, the time of the settlement and how you approach negotiations can have a significant impact, as well. What does settlement

What is the Statute of Limitations and Why is it Important?

There are deadlines for filing nearly every type of civil claim.  This time limit is referred to as the “statute of limitations.”  If you fail to file your lawsuit before the applicable deadline has passed, you will not be allowed to bring that lawsuit.  If you file your legal claim after the deadline, then it will most likely be dismissed.  Each statute of limitations period depends on the type of legal claim you have and in which state you are filing the lawsuit.  Being aware of the statute of limitations period that applies to your particular civil case is very important. The purpose of the statute of limitations The main reason that the statute of limitations are established is a practical one.  The evidence that will either support or discredit your legal claims will likely be destroyed over time, just as the memories of relevant witnesses will be less accurate.  In accident cases, for example, the scene is most often altered over time.  Business records are usually d