May 17, 2013
So, you’re on your way home from work when somebody behind you, distracted by their cell phone, slams into the back of your car. You step out, back aching, and look over the damage. This seems pretty straight-forward. The guy who hit you is clearly at fault. So all you have to do is get his insurance information, contact your insurance agent, and his insurance company will pay for everything, right? Wrong. This is a perfect example of how something might look simple when in reality it is full of complexities. Your auto accident case might seem pretty cut-and-dry …
May 9, 2013
“Wrongful death” sounds like an odd – redundant – phrase to most people (and with good reason). Why qualify the word “death” with a variant of the word “wrong?” Isn’t death always “wrong” in one way or another? Well, in the realm of the legal system, a “wrongful death” case is an instance in which damages are sought against an individual or other type of party for causing a death. Essentially, in a wrongful death case, the death was not caused by natural causes or a pure accident—nor was the result of homicide. Wrongful death cases stem from someone, …
May 7, 2013
Lawyers as a class are the recipients of a disproportionate amount of unfavorable commentary. We are the subjects of countless jokes and derogatory phrases and we are constantly being referred to as people who try to make a buck off someone else’s misery. Our type of law in particular, personal injury, always seems to be in the hot seat, whether we’re the butt of an anecdote or being disparagingly referenced in a proposed piece of legislation. Personal injury lawyers—often degradingly and misleadingly referred to as “ambulance chasers”—fight hard to protect the rights of those who have been wronged by helping …
April 19, 2013
So, what is a statute of limitations? A statute of limitation is a statute—an enactment in the legal system—that determines the maximum amount of time that can pass after an incident before legal proceedings based on the incident must commence. Statutes of limitations apply to both civil law (the type of law we handle) and criminal law (the type of law the government executes). There are some instances in which there are no applicable statutes of limitations. For example, in the United States, what are deemed to be “heinous crimes” carry no associated statute of limitations. Thus, as a general …
April 8, 2013
We have written many blogs about the problems stemming from taking medications — negative side effects, worsening of symptoms, etc., and, coupled with reporting those problems, we have discussed litigation against the drug manufacturers who are responsible for the drugs they put out into the public. Well, this blog entry is a little different in that we are going to talk about something that very few people know about. First, let’s deal with a fact that most people aren’t aware of: generic drugs (drugs that are identical to the brand-name versions but often come at a fraction of the …
April 1, 2013
Product recalls happen all the time. They entail a company or a government agency, publically issuing a recall on a product or a component of a product deemed unfit for the marketplace. These recalls are often the result of discoveries of safety issues—for example, a company coming to realize that one of its products are defective and might cause injury to the user of the product. In this blog, we’re going to outline three recent recalls—recalls of products that are similar to the ones we all use every day.
Let’s begin with a company we all grew up with: Fisher-Price. The …
March 18, 2013
In this blog, we’re going to outline for you two awards and a settlement. The first award stems from a case against a manufacturer of a medical product, and the second deals with an on-the-job injury. The settlement has to do with a former prisoner suing the county over the conditions in which he was kept.
We’re going to start with a case against a subsidiary of the corporation Johnson and Johnson called Ethicon, a company who deals, in part, in transvaginal mesh products. The verdict against the company meant $11.46 million being awarded to a nurse from South Dakota. …
March 5, 2013
The phrase almost looks like a typo—wrongful birth? What could that possibly mean? Isn’t bring a baby into the world supposed to be among the most beautiful things humans can do? There’s a phrase much like “wrongful birth” that most Americans with some familiarity with the law are acquainted with: “wrongful death.” To explain the meanings of “wrongful birth” as they relate to personal injury law, we’re going to first begin by giving a very brief overview of wrongful death.
Wrongful death (is any death ever right?) is a term used to label deaths that happened from …
February 25, 2013
In this blog, we’re going to provide some information on two pieces of recent personal injury-related news: one concerns a major award in a lawsuit against a major company, and the other concerns an adjustment that a major insurance company is making to its homeowners insurance policies—and the change might include your best friend!
Let’s start with the jury award. The case in question revolves around a girl who, in 2003 at 7-years-old, had a headache and so her parents gave her Children’s Motrin. Instead of remedying the headache, the Children’s Motrin made it worse. The young girl wound up …
February 15, 2013
At the Law Offices of Aronberg & Aronberg, we hear about a great many “but what if…” questions, so we decided to, here in a blog, answer some common ones that you, a loved one, or a friend may have. These questions—and they are surely not a comprehensive list—are born from curiosity relating to the accident and sometimes fear in the aftermath of the accident.
But what if they didn’t mean to hit me with their car?
This is a question that people ask very often. Nobody (with the exception of a few wackos out there) means to hit …