Types of Nursing Home Abuse

According to the Centers for Disease Control and Prevention (CDC), almost two million people aged 65 or above are currently residents of more than 16,000 nursing homes operating in the United States. With such a large number of residents, nursing homesare witnessing a significant rise in abuse and neglect cases.Many residents fall victim to abuse by care takers and other staff members of the nursing home facility.

 The following are the types of nursing home abuse:

Physical abuse

Infliction of physical harm on a nursing home resident, such as slapping, punching, kicking, and the use of excessive restraint,are some forms of physical abuse. The withholding of prescribed medications, or the administration of prohibited medications, may also be considered as physical abuse.

Some common signs of physical abuse may include:

•          Broken bones
•          Bruises
•          Unexplained cuts
•          Marks from ropes
•          Internal injuries or bleeding

Emotional abuse

Any deliberate causing of anxiety, anguish or fear or any spoken communication that intentionally causes an elder unreasonable emotional stress can be considered abuse.

Some common signs of emotional abuse may include:

•          Being non-communicative or non-responsive
•          Being unreasonably upset or agitated
•          Display of unusual behaviour

Financial abuse

Financial abuse is the improper or illegal use of assets or property of an elder. Forgery of an elder’s signature, taking cash from the elder, signing the elder’s checks, coercing him/her to sign a document, stealing his/her possessions or money all constitute financial abuse.

Some common signs of financial abuse may include:

•          Unexpected inclusion of the caregiver’s name on the elder’s bank account
•          Unexpected withdrawals of account funds
•          Unexpected credit card charges
•          A lot of unpaid bills

Sexual abuse

Any sexual contact with a person who is not able to provide consent can also be termed as sexual abuse. Unwanted touching, sexual assault, coerced nudity, sodomy, intercourse or taking pictures of the individual when they are nude are some forms of sexual abuse.

Some common signs of sexual abuse may include:

•          Unexplained genital infections
•          Bruises on the breasts or genitals
•          Bleeding from the anus or vagina
•          Stained, bloody or torn underwear

Nursing Home Abuse

My mother is above 65. I am thinking of putting her in a nursing home facility since I am unable to provide her round-the-clock care. However, I still can’t arrive at a final decision on the matter because a friend tells me that many kinds abuse take place in nursing homes. What are these?

The different types of nursing home abuse include:

•          Physical abuse
•          Sexual abuse
•          Emotional abuse
•       Financial abuse

When should I hire a workers’ compensation lawyer?

You should hire a workers’ compensation lawyer when:

• Your employer denies your claim, or you fail to receive your benefits promptly.
• Your employer retaliates against you for filing a workers’ compensation claim.
• Your employer’s settlement offer does not cover all lost wages or medical bills.
• Your employer denies you disability benefits.

Do I Need a Worker’s Compensation Lawyer?

Whether you should hire a lawyer depends on the severity of your injury, and the overall complexity of your case. You may need to hire an attorney if:

•          Your injury was minor, such as a twisted ankle or a cut requiring a few stitches.
•          You missed little or no work due to your injury.
•          Your employer admits that the injury happened at work.

However, it is always good to contact a workers’ compensation attorney to help you through the legal process.

When should I hire a lawyer?

You should hire a workers’ compensation lawyer when:

Your employer denies your claim, or you fail to receive your benefits

Many employers and insurers deny workers’ compensation claims thinking that many workers will fail to appeal. This is factually correct because up to 80% of individuals whose claims are denied fail to appeal the decision in court. If you hire an attorney,he/she can help you receive a fair settlement for your injuries.

Your employer retaliates against you for filing a worker’s compensation claim

Hire an attorney if you have been fired or demoted, or if your employer has reduced your pay or engaged in any other form of discrimination because you filed a workers’ compensation claim.

Your employer’s settlement offer does not cover all lost wages or medical bills

If you think that your settlement offer does not cover all lost wages or medical bills, hire an attorney. He/she can help you get fairly compensated.

Your employer denies you disability benefits

If the injury caused you permanent partial disability or permanent total disability, you may be entitled to lifetime weekly payments to make up for your lost wages. However, if your employer denies you disability benefits, you should hire a workers’ compensation attorney.

You have a potential third party claim

If you have suffered a work-related injury due to negligence of a third party, you may be able to file a third party lawsuit. A lawyer can assist you in filing a third party lawsuit.

Workers’ Compensation

I was injured in a construction accident. I know I am entitled to workers’ compensation benefits. Do you think I should hire a lawyer to help me through the compensation process, or can I do it on my own?

Whether you should hire a lawyer depends on the severity of your injury and the overall complexity of your case. You may not need to hire an attorney if:

•          Your injury was minor.
•          You missed little or no work due to your injury.
•          Your employer admits that the injury happened at work.

You need to hire an attorney if:

•          Your employer denies your claim, or you fail to receive your benefits promptly.
•          Your employer retaliates against you for filing a workers’ compensation claim.
•          Your employer’s settlement offer does not cover all lost wages or medical bills.
•      Your employer denies you disability benefits.

How can I make a successful slip and fall injury claim?

Follow these important tips to ensure a successful slip and fall injury claim:

•          Report the accident to the premises owner or some other person connected with the premises.
•          If you are hurt, even if it is a minor one, seek medical help.
•          If some people witnessed your accident, get their full name and contact information.
•          Explain to your health provider exactly how you got hurt.
•          Attend all your scheduled medical appointments.
•          Avoid giving a tape-recorded statement to your insurance company.

How to Make a Successful Slip and Fall Injury Claim

A slip and fall accident can happen anywhere. Wet surfaces, icy sidewalks, and improperly maintained floors are some factors that may cause slip and fall accidents. Victims have the legal right to make a claim for the injuries sustained. The first steps a victim takes can go a long way toward making a successful slip and fall injury claim. Follow these important tips to ensure a successful slip and fall injury claim:

Report the accident

Report your accident to the premises owner or some other person connected with the premises. If the accident occurred on a commercial property, report it to the highest-ranking person. For an accident on a public property, report it to the city or town.

Seek medical attention

If you are hurt, even if it is a minor one, seek medical help. Do not wait, because insurance companies may assume that you were not hurt at all and hence did not seek medical attention.

Take contact details of witnesses

If some people witnessed your accident, get their full name and contact information. Their testimonies can play a major role in a slip and fall case.

Explain to your health provider exactly how you got hurt

Inconsistencies in medical records and claims can create a problem at trial. Your insurance company and the jury may not like the inconsistency. A lawsuit with inconsistencies may not get very far.

Do not miss scheduled medical appointments

Attend all your scheduled medical appointments. If you miss them, the insurer may assume that your injury was not severe or that you have already recovered.

Avoid giving a tape-recorded statement to your insurer

Avoid giving a tape-recorded statement to your insurance company. Do not give any statement without the consent of your lawyer.

Slip and Fall Injury Claim

My father was injured in a slip and fall accident. We are going to file a claim. What should we do to ensure a successful claim?

The first actions you take can go a long way toward making a successful claim. Follow these important tips to ensure a successful slip and fall injury claim:

•          Report the accident to your insurance company.
•          Seek medical attention.
•          Get information from witnesses.
•          Explain to your health provider exactly how you got hurt.
•          Attend all scheduled medical appointments.
•          Fill out the accident form accurately.
•          Avoid giving a tape recorded statement to your insurer.

Why is it important to contact a lawyer in a truck accident?

If you have been involved in a truck accident, you need to make sure that your legal rights are protected. Most importantly, because truck companies are highly regulated by both state and federal law, a truck accident can easily become a complicated legal issue. The best thing for you to do is to get in touch with an experienced truck accident lawyer who is familiar with all of these regulations.

Reasons Causing Truck Accidents

Truck accidents are the most fatal of all road accidents. Because trucks are usually big and long, it is the people in the smaller vehicles who are at the receiving end of these accidents. If you are the victim of a truck accident, make sure that your legal rights are protected. Most importantly, because truck companies are highly regulated by both state and federal law, a truck accident can easily become a complicated legal issue. The best thing for you to do is to get in touch with an experienced truck accident lawyer who is familiar with all of these regulations.

Here are some of the most common reasons why truck accidents occur:

Bad Weather

Bad weather is the biggest challenge truck drivers face on the road. It is true that truck drivers are trained to drive safely in all kinds of weather, and to know when they should stop driving if safety is compromised. However, as drivers are usually on a tight schedule to meet commercial demands, they may tend to disregard safety measures. They are worried about losing their jobs if they fail to meet the demands of their clients or employers. Therefore, they sometimes end up making bad decisions. But no matter what the situation is, if you or someone you know is a victim of a truck accident, make sure you contact a lawyer right away.

Overload

When a truck is overloaded, it is difficult for the driver to stop the vehicle, which makes it more vulnerable to accidents. Despite all the regulations relating to this issue, accidents involving overloaded trucks continue to occur. Afterward, a ‘blame game’ usually ensues concerning the overloading situation among drivers, truck companies, truck loading companies and weight stop officials. All this can complicate the process of getting a fair compensation for your injuries. This is why, as a victim of a truck accident, you need to obtain the services of a competent lawyer.

Driver Fatigue

Truck driver fatigue accidents usually occur because of three reasons: lack of sufficient sleep, long shifts and sheer exhaustion from a long-term pattern of sleeplessness. There is an irony in the driver fatigue phenomenon. If the drivers follow federal regulations and get enough sleep, it could cost them their jobs, which require them to make their deliveries quickly. Most truck drivers, therefore, don’t hesitate to risk an accident to protect their jobs.

Blind Spots

Trucks are generally bulky, heavy and long compared to cars and motorcycles, which are significantly smaller in size. This is sometimes why truck drivers fail to notice people and vehicles near their trucks – a factor that can easily lead to accidents.

Poor Maintenance

Many drivers and truck companies delay replacement and repair of their trucks because these measures cost them money and slow down their business. In the meantime, their poorly maintained trucks can potentially create chaos on the roads.

According to the National Highway Traffic Safety Administration (NHTSA), about 104,000 people were injured in large truck accidents in one year alone.

What are the different types of compensatory damages in personal injury cases?

The different types of compensatory damages in personal injury cases include:

•          Compensation for present and future medical treatment
•          Compensation for loss of property
•          Compensation for loss of earning capacity
•          Compensation for pain and suffering
•          Compensation for loss of enjoyment of life
•          Compensation for loss of consortium
•       Compensation for emotional distress

Compensatory Damages in Personal Injury Cases

Compensatory damages in personal injury cases are intended to compensate injured victims for the loss sustained from an accident or injury. From a monetary perspective, these damages are intended to make victims whole again.

Here is a brief of the different types of compensatory damages one can seek for:

Medical treatment: Victims may seek compensation for the medical treatment already received and compensation for estimated costs of future medical care.

Property loss: Victims may seek compensation for loss of properties such as vehicles, clothing or any other items that were damaged.

Loss of income: Victims may be entitled to compensation if accidents impact their income. This includes income that has already been lost, and income that victims would have been able to make in the future.

Pain and suffering: These damages are awarded to compensate victims for the pain and suffering experienced by them during the accident and in its immediate aftermath.

Loss of enjoyment: Loss of enjoyment damages are granted to victims when the accident injuries keep them from enjoying day-to-day pursuits like hobbies, exercise, and other recreational activities.

Loss of consortium: Loss of consortium damages are granted to victims for loss of relationships with their spouses, such as loss of companionship or the inability to maintain a sexual relationship.

Emotional distress: Emotional distress damages are awarded to victims for the psychological impact of injuries on them, such as fear, anxiety, and sleep loss.

Motorcycle Truck Collision

When I was on the freeway riding my motorcycle, a commercial truck took a sudden turn and hit my vehicle. I am badly injured. The driver of the truck said that he did not see me driving by. What kind of a lawyer should I contact?

You have been in a blind spot truck accident. Contact a truck accident injury lawyer right away. An experienced lawyer can get you all the compensation you are entitled to - be it your medical bills or compensation for the damage done to your motorcycle.

Compensatory damages in personal injury cases

I have suffered injuries in an accident. I am thinking of filing a personal injury case. I have heard about compensatory damages.  What is it all about?

Most damages in personal injury cases are classified as compensatory damages. These damages are intended to compensate injured victims for the loss sustained from an accident or injury. From the monetary perspective, the main objective of compensatory damages is to make victims whole again. The following are the different types of compensatory damages:

•                    Medical treatment

•                    Property Loss

•                    Pain and suffering

•                    Loss of income

•                    Loss of consortium

•                    Emotional distress

•                    Loss of enjoyment

What are the causes of rollover truck accidents?

Causes of rollover truck accidents include:

Speeding: This is one of the top causes of rollover truck accidents. These happen when truck drivers operate under tight deadlines and exceed speed limits.

Turning too quickly: Rollover truck accidents happen when truck drivers make an abrupt change in steering to avoid other vehicles or obstacles in the road. The faster trucks turn, the higher the risks they face.

Improperly loaded cargo's: When trucks are improperly loaded with cargo's, they can tip over while making turns and cause serious injuries.

Driver errors: Driving while ill or tired or impaired, as well as distracted driving, such as driving while using mobile phones or reaching for drinks or the radio controls, are other causes of rollover truck accidents.

Manufacturing defects: Defectively manufactured parts, such as tire blowouts, brake failures or problems with the steering or coupling systems can cause accidents.  

Rollover Truck Accidents- Causes and Liability

Rollovers are one of the worst kinds of truck accidents. These accidents occur when something causes trucks’ wheels to lose contact with the road. These accidents can cause several chain-reaction collisions that can cause serious injuries to many other motorists on the road.

Causes of rollover truck accidents

Speeding: Speeding is one of the top causes of rollover truck accidents. These happen when truck drivers operate under tight deadlines and exceed speed limits.

Turning too quickly: Rollover truck accidents happen when truck drivers make an abrupt change in steering to avoid other vehicles or obstacles on the road. The faster trucks turn, the higher the risks they face.

Improperly loaded cargo's: When trucks are improperly loaded with cargo's, they can tip over while making turns and cause serious injuries.

Driver errors: Driving while ill or tired or impaired,as well as distracted driving, such as driving while using mobile phones or reaching for drinks or the radio controls, are other causes of rollover truck accidents.

Manufacturing defects: Defectively manufactured parts, such as tire blowouts, brake failures or problems with the steering or coupling systems can cause accidents. 

Who is liable for rollover truck accidents?

Parties that may be held liable for rollover truck accidents include:

Truck drivers: If accidents occur because of drivers’ errors, they may be held liable.

Manufacturers or maintenance team: If defective tires or poor maintenance cause the accidents, manufacturers or maintenance teams can be held liable.

Cargo loading company: If cargo's are not loaded properly, the cargo loading companies in question can be held liable.

Municipalities: If accidents occur because of dangerous road conditions, municipalities may be held liable for the injuries.

Truck Accident

My brother was injured in a rollover truck accident on the highway. He has suffered serious injuries and is currently hospitalized. Who can be sued for the accident?

A number of parties may be held liable for rollover truck accidents,such as:

•         Truck drivers, if the accident occurred due to driver errors
•          Manufacturers of defective parts
•          Cargo loaders, if the cargo was not loaded properly
•          Other motorists, if they caused the truck driver to lose control
•       Government entity, if the accident was caused by road hazards

Who can be held responsible for auto accident by an employee at work?

When an employee causes an auto accident while performing his duty at work, his employer can be held liable for the accident. The liability could be due to negligence on the part of the employer or of a vicarious nature.

Employer’s Liability in an Auto Accident

Have you been injured in an auto accident by a driver who was performing his duty at work? You can hold his employer liable for the accident. However, the employer’s liability will be determined on the basis of his legal responsibility. There are two main ways to hold an employer liable for an auto accident caused by his employee- negligence on the part of the employer, and vicarious liability.

1.       Negligence of the employer

Employer negligence may include negligent hiring of the employee and negligent supervision of the employee.

Negligent hiring of employee: When an employer hires a driver for driving a company vehicle, it is his responsibility to make sure that he employs someone who has the right skills and training and drives safe.

In the case of a commercial vehicle, the employer must make sure that the employee has a commercial driving license that is in good standing and has not been suspended. He may also take additional precautions, like checking the employee’s past driving record or performing a drug test on him.

Negligent Supervision: It is the responsibility of an employer to have safety policies in place and make sure that all employees comply with the safety laws. Failure to supervise properly can hold him liable for accidents.

2.       Vicarious Liability

Vicarious liability is a doctrinal law which states that the action of an employee is the same as that of his employer. However, this rule applies only if the employee was actually in the process of doing something for the employer at the time when the accident happened.

Auto Accident

My sister was injured and hospitalized after an auto accident in New York. The car that hit her was being driven by an employee who was performing his duty at work. Who can I sue for the accident?

If the driver of the car was using the vehicle to perform his duty at work, you can hold his employer responsible for the accident. Consult with an auto accident lawyer as soon as possible to help you make a claim.

What are punitive damages in a wrongful death lawsuit?

Punitive damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. When a party’s intentional, reckless or grossly negligent acts result in the death of another party, a jury or judge may impose punitive damages that are meant to punish the offending party and discourage similar acts in the future.

Wrongful Death Causes and Claims

Coping with the loss of a loved one is a trying experience. It is more difficult when you discover that the cause of death was someone else’s negligence or wrongdoing. In such an instance, you have the right to file a wrongful death lawsuit.

Wrongful death claims are civil actions taken by the survivors of an individual who has passed away because of the negligence or misconduct of another. In such an instance, the law allows the family members of the decedent to file a wrongful death suit seeking monetary damages. The wrongful death action is designed to provide compensation for relatives who depended upon the deceased for financial and emotional support.

In most cases, only close family members can file a wrongful death lawsuit on behalf of their loved one. It is always smart to speak with a wrongful death attorney to find out if you are eligible to file a wrongful death lawsuit.

Causes of Wrongful Death

You can file a wrongful death lawsuit if your family member died because a party acted negligently, recklessly, in complete disregard for others’ safety, or with intent to harm or kill. Wrongful deaths are caused by several events and accidents. The most common ones are:

•             Medical Malpractice

Medical malpractice causes a significant number of wrongful deaths in the United States every year. If a medical practitioner fails to perform his or her duties in keeping with the accepted standard of care, and thus causes injury or death to a patient, the liable party can be held accountable.

•             Car Accidents

It is the responsibility of every car driver to keep in mind the safety of others on the road. They are required to obey the rules of the road and drive safely according to the conditions. When they fail to do so, lives are lost in road accidents. If you have lost a loved one to a road accident, you have the right to file a lawsuit against the party at fault.

•             Truck Accidents

A commercial truck accidents more catastrophic than an accident between two personal use vehicles. Because of the size and weight difference between a truck and other vehicles, a truck accident often ends up fatally hurting people.

•             Defective products

The product liability law mandates that manufacturers, distributors, and product designers ensure that the products they make and sell are safe for the public. However, product designers and distributors occasionally neglect to rigorously test their products to see that they are acceptable for consumer sale. If a product suffers from a design defect, a manufacturing defect, or a marketing defect, and you lose someone as a result, it is possible to hold the liable party accountable, regardless of whether or not the party acted negligently.

•             Construction Accidents

Employers have a legal obligation to meet OSHA standards, provide a safe work environment, and take reasonable measures to protect the employees under their care. If an employee is killed on a work site as a result of an employer's negligence or disregard for employee safety, a wrongful death lawsuit can be filed against the negligent party.

Claims in a Wrongful Death

In a wrongful death lawsuit, you can claim financial compensation and file for punitive damages against the defendant party.

•             Compensatory Damages

Compensatory damages are financial compensation awarded by a judge or jury to the victim’s family for the costs of medical care, funeral, burial and other expenses incurred as the direct result of the wrongful death.

Compensatory damages are also awarded to compensate a deceased party’s relatives for work income the victim would have earned had they lived. Lost income can be projected out for decades, depending on the age of the victim at the time of their death. Courts have also awarded compensatory damages for the worth of an individual's housekeeping and child-care services. Also, a damages award might be justified on the basis of grief and loss of companionship.

•             Punitive Damages

Punitive damages are a form of punishment intended to reform or deter the defendant and others from repeating the reckless or negligent acts which led them to the wrongful death case. They are meant to discourage similar acts in the future.

How can youprove liability in a trip and fall accident case?

If your trip and fall accident was caused by someone else’s negligence, consult with an attorney to see if you have a case. Your attorney may be able to help you obtain compensation by proving the following elements:

•          The liable party caused a hazardous condition.

•          The party knew or reasonably should have known about the condition but failed to correct it.

•         The negligence of the liable party caused your injury.

Trip and Fall Accident

The other day, as I was searching for my friend’s address, I tripped and fell on someone else’s property. I broke my arm and received several cuts. I am not sure about how to sue the other party. What do I need to prove?

Proving negligence is very important in a trip and fall accident case. If your trip and fall accident was caused by someone else’s negligence, consult with an attorney to see if you have a case. Your attorney may be able to help you obtain compensation by proving the following elements:

•                      The liable party caused a hazardous condition.

•            The party knew or reasonably should have known about the condition but failed to correct it.

The negligence of the liable party caused your injury.

What are some of the common defences in a product liability case?

Some of the common defences in a product liability case are:

·         Assumption of the Risk

·         Substantial Change Defence

·         Contributory Negligence

·         Statute of Limitations Expired

Other causes that can prove that their product or design was not the actual cause of the claimant’s injury

Common Defenses in a Product Liability Case

If a consumer has been injured by a defective product, the defendant, who may be a manufacturer of the product, can argue that the injury was not caused by the defect. There are three main types of product liability claims: negligence, breach of warranty and strict liability. One defence may work to defeat one kind of claim but not another. The following are some common defences in a product liability case based on strict products liability or negligence:

Assumption of the Risk

If the claimant was aware of the risk involved in using the product,was ready to accept the risk, and was injured as a result, he or she will be prevented from receiving recovery. The evidence for the product liability must show that the claimant knew of the risk involved and disregarded the danger and risk that caused his or her injury.

Substantial Change Defence

If the claimant made an adjustment or modification to the product, and if the modification of the product was what caused the injury, then the manufacturer could be relieved from liability since the cause of the injury was not the manufacturer’s fault. Only unanticipated and unforeseen modifications to the product by the consumer can relieve the manufacturer of liability. If the manufacturer anticipated that a consumer could modify the product, then the modification would not relieve the manufacturer of liability.

Contributory Negligence

In some states, if the claimant contributed to his or her injuries in any way, he or she may be barred from any recovery. In other states, if the claimant contributed to his or her injuries, the extent of fault would reduce the recovery.

Statute of Limitations Expired

The statute of limitations period is the time in which the claimant can file a claim in court and start the lawsuit. It usually expires within 3 years. The defendant can argue that the available time that the plaintiff had to bring the personal injury claim has expired.

Other Causes

The defendant can also argue that there were other factors that caused the plaintiff’s injury, and attempt to prove that their product or design was not the actual cause of the claimant’s injury.

Defective Product injury

I have been injured while using a defective product. What are common defences in a product liability case that I need to be aware of?

If you have received an injury from a defective product, the defendant, who may be a manufacturer of the product, can argue that the injury was not caused by the defect. There are three main types of product liability claims: negligence, breach of warranty and strict liability. One defence may work to defeat one kind of claim but not another. Given below are some common defences in a product liability case based on strict products liability or negligence.

What are the different legal theories in product liability claims?

If you have suffered an injury due to a defective product, you may file a defective product liability claim. Your product liability claim can be based on different legal theories such as:

·         Strict liability

·         Product liability based on negligence

·         Product liability case based on breach of warranty

Product liability case based on the fraud legal theory

Legal Theories in Product Liability Claims

If you have suffered an injury due to a defective product, you may file a defective product liability claim based on different legal theories such as strict liability, negligence, breach of warranty and fraud. The paragraphs below outline the elements of the most common legal theories used in a product liability claim.

Strict product liability

In a strict product liability case, a victim must prove that:

·         A product was sold with no warning or inadequate warning.

·         A product was sold in an unreasonably dangerous condition.

·         The victim or the victim’s property was injured by the defective product.

Fraud

In a product liability case based on a “fraud”, a victim must prove that:

·         The representations made by the defendant about the product were not true.

·         The defendant was aware that those representations were not true or were not likely to be true.

·         The representations were made in such a way that the victim would buy the product.

·         The victim was justified in relying on the representations.

·         The defendant’s false representations caused damage to the victim.

Negligence

In a product liability case based on negligence, a victim must prove that:

·         The defendant owed a duty of care.

·         The defendant’s actions breached that duty of care.

·         The defendant’s breach caused the victim injuries.

Breach of warranty

In a product liability case based on “breach of warranty,” a victim must prove that:

·         The product had an expressor implied warranty.

The product failed to meet the terms of the warranty.

Product Liability Claim

I recently bought a hair dryer from a very well-known store. The saleswoman presented the product in such an appealing way that I decided to buy it. The next day, asI tried to use it, it started behaving weirdly. It was sucking in my hair. I went back to the store and reported the matter to them, but they refused to refund me. What should I do?

If you have suffered an injury due to a defective product, you may file a defective product liability claim. Your product liability claim can be based on different legal theories such as strict liability, negligence, breach of warranty and fraud.

In your specific case, you may file a product liability case based on the “fraud” legal theory. You must show that:

·         The store made certain representations about the product that were not true.

·         The store was aware that those representations were not true or were not likely to be true.

·         The representations were made in such a way that you, the victim, would buy the product.

·         You were justified in relying on the representations.

·         The store’s false representations caused you damage.

Pros & Cons of Settling a Personal Injury Case Out of Court

Deciding whether to settle a personal injury case out of court or take it to trial is a major decision. It depends on the nature of the case, as well as personal preferences. However, most personal injury cases settle out of court before reaching trial.

In an “out of court” settlement, the defendant or defendant’s insurance company offers a settlement to the plaintiff in exchange for a release of liability. There are advantages and disadvantages of settling a case before trial. An experienced personal injury attorney can evaluate your case to determine the option with the best outcome.

The pros

It saves Time: Settling a case before trial is quicker. Often, trials begin a year after the initial claim is filed. The whole process may take up to three years or even longer, depending on the complexity of the case and the jurisdiction.

Itreduces stress: Settling a personal injury case out of court is less stressful and burdensome. An offer is negotiated, the defendant makes the settlement, and the case is resolved. On the other hand, a trial can be stressful for all the parties involved. It requires several court appearances, as well as being subjected to examination and cross-examination. In addition, a cross-examiner attempts to undermine a person’s credibility in public.

It protects privacy: In a settlement, the details are kept confidential, unlike in a trial, where all the case details become public record.

It is less expensive:A trial can be very costly. The attorney fees are much higher when a case goes to trial than when it is settled out of court.  Besides high attorney fees, trial costscan involvepaying expert witnesses, court charges, administrative fees, travel expenses, etc.

It is predictable: An experienced lawyer can predict the outcome of a settlement better than jury decisions.

There is no record of guilt: Unlike a trial, an out of court settlement does not require the defendant to admit his or her wrongdoing. On the other hand, in a trial the defendant has to plead “guilty” or “notguilty.”

The cons

The compensation is less: The monetary award offered in a settlement may be much lesser than in a court trial. However, the value of the settlement must be weighed against the risk of going to court as well as the increased costs.

It does not cover punitive damages: Oftentimes, out of court settlements do not cover punitive damages, such as emotional suffering.