Personal Injury / Wrongful Death

Does The Average Member Of The Public Have Any Privacy Rights?

Yes. The average member of the public is entitled to privacy protections, although the strength of those protections will vary depending upon the particular factual circumstances.

Generally, there are four different actions that an injured plaintiff can allege to recover for an unlawful invasion of his privacy. The first concerns the unlawful appropriation of another's image. The plaintiff could make this claim, for example, if the defendant, uses plaintiff's picture in a commercial or advertisement without permission.

I Have Been Injured By Medication My Doctor Gave Me, Do I Have a Claim?

Unfortunately, not all medications available on the market are safe to persons taking them. Many drugs benefit the user in the way they are intended. However, drugs that do not act as intended and cause serious harm to the user are known as dangerous drugs. If you or a loved once has been injured by using a dangerous drug, you may have a claim for the injuries you have suffered. It is important to seek an attorney to discuss and potential claims you may have.

Can A Person Recover Damages For Injuries Sustained On Someone Else's Property?

An owner of property has a duty to protect members of the public from injury that may occur upon the property. The injured person may be able to recover money for those injuries if he or she can prove that the property owner failed to meet that duty. The hurdle plaintiffs’ face is that the nature and extent of the property owner's duty will vary depending upon the facts of the situation and the jurisdiction in question.

Is An Owner Of Property Liable For Using Deadly Force To Defend Their Property?

Generally speaking, an owner of property may not use deadly force to defend the property. Society values human life and bodily integrity much more than property. Therefore, the life, health and safety of an individual, even an intruder, is considered to be more valuable than the china or stereo, which that individual is trying to steal.

I Was Injured When I Slipped And Fell In A Local Business Establishment, What Can I Do?

If you have been injured by falling while on another’s property, you may have a slip and fall claim. A slip and fall claim is a personal injury action based on tort law. Based on the facts of your case, the property owner may be liable for the injuries you have sustained. It does not matter if the property is public or private, the owners may still be held accountable for injuries on their property. Thus the owner may be a private citizen, a corporation or business, or even a government entity.

What Is A Catastrophic Injury?

A catastrophic injury is a physical injury or illness that is regarded as extreme or particularly serious, has a considerable impact on the victim of the injury or illness and needs a considerable amount of medical treatment. Catastrophic injuries may not always be permanent, but take months or years to heal. In some cases, the full extent of the injuries may not be known for a long amount of time. The effects of such injuries may be long lasting, both physically and emotionally. The types of catastrophic injuries are wide ranging.

What Remedies Does A Railroad Worker, Who Is Injured While Working, Have?

Most individuals who are injured at work are prohibited from filing ordinary personal injury lawsuits against their employers. Instead, injured workers are generally required to file a claim under the state's workers compensation procedure. An injured railroad worker must bring a claim for benefits under the Federal Employer's Liability Act (FELA) for compensation for his injuries. FELA is similar to many state workers' compensation systems with the exception that a railroad employee must be able to prove some level of employer negligence in order to make a recovery.

What Is A Slip And Fall Action?

A slip and fall action is a type of personal injury lawsuit filed by a plaintiff who has been injured by a slip and fall, usually on the defendant's property. The plaintiff in slip and fall cases must usually show that the owner of the property had notice or knowledge of the condition, and failed to clean it up and rectify it within a reasonable amount of time. Additionally, if the plaintiff has knowingly encountered a hazard, then he or she may have trouble holding the defendant liable.

Can I Have A Civil Claim For Suffering Injury Due To Assault and Battery?

If you have been injured due to an assault and battery, there may be two different types of claims against the person who injured you, criminal and civil. In a criminal case, the assailant may be prosecuted by the government. If the party is found guilty of assault and battery, he or she may be punished. Punishment may be imprisonment, probation, restitution or other types of punishment as determined by the court. Alternatively, in a civil claim for assault and battery, compensation for the victim’s injuries is the goal of the case, not punishment.

Can Anyone Bring A Wrongful Death Claim?

No. Generally, most states that recognize a wrongful death cause of action limit the number of potential plaintiffs. Some states limit this group to the deceased's primary beneficiaries, defined as the surviving spouse and the deceased's children. Other states allow the parents of the deceased individual to bring a wrongful death claim. In addition to these individuals, some states recognize the rights of any dependent, whether closely related or not, to bring a wrongful death claim provided the person actually depended on the deceased for economic support.

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