Can You Sue For Punitive Damages In A Construction Accident?

In some cases, a construction related accident may result in a court ordering punitive damages meant to punish the person responsible for the accident.

punitive damagesIn many construction injury lawsuits, most damages are meant to compensate accident victims for all foreseeable harm resulting from the mistake of the person responsible. These are known as compensatory damages and they include pain and suffering, medical bills and lost wages. The main purpose of compensation is to make you “whole again”. In other words, the person responsible for your accident is not punished.

Punitive damages on the other hand serve a different purpose. Below is a brief discussion of what these damages entail.

Controversy Of Punitive Damages

Some reformers are trying very hard to ban or at least limit punitive damages. This is because personal injury lawsuits raise the cost of doing business for construction companies. This in turn increases the [Read more...]

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Which Construction Injuries Are Covered By Workers’ Compensation?

Most construction injuries are covered by workers’ compensation but in some cases you may be entitled to additional compensation options.

construction injuriesThe workers’ compensation system is a standard legal process. If it didn’t exist, injured workers would have to sue their employers for negligence; which is the legal process followed in personal injury lawsuits. If the worker is able to show enough proof that their injuries were as a result of their employer’s negligence, the employer would have to compensate them for lost wages, pain and suffering, medical expenses and other damages. If the worker cannot prove beyond a reasonable doubt that their injuries were as a result of their employer’s negligence, they would have to walk away empty handed.

Systems for workers’ compensation differ from one state to another but generally, every worker is entitled to compensation for a job related injury under the system.

Which Construction Injuries Are Covered By Workers’ Compensation?

Nearly all construction injuries are covered by workers’ compensation. You can receive compensation for any injury related to your work. You can even receive compensation for [Read more...]

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What Defenses Can Be Used In A Personal Injury Lawsuit?

There are plenty of defense strategies that can limit a personal injury lawsuit. Some of them are discussed here.

personal injury lawsuitIf you are thinking of filing a personal injury lawsuit, you need to be prepared for the defenses the other side can use. Defenses in such lawsuits typically revolve around two things: 1) what was your role in causing the accident? 2) what did you not do after the accident? For instance, did you file the lawsuit on time?

Defenses Used In A Personal Injury Lawsuit

When you file a personal injury lawsuit, the most common argument you will hear is that you were fully or partially at fault for the accident. If you were partially responsible for the accident, the amount of compensation you will receive will probably be affected. Depending on how well you prepare your case, you could either go through [Read more...]

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What You Need To Know About Brain Injury Lawsuits

Before filing brain injury lawsuits, there are several things that you need to be aware of.

brain injury lawsuitsEvery year in the United States, up to 1.4 million people suffer a brain injury. These are just estimates from CDC meaning there could be several other unreported cases. Brain injuries can result from sport activities to car accidents. If you have been involved in an accident and you have suffered brain damage, you may be entitled to compensation. Here you will learn all about filing brain injury lawsuits.

The Basics Of Brain Injuries

Terms such as “traumatic brain injury”, “head trauma”, “brain injury” and “head injury” can be used interchangeably. These terms usually refer to some kind of blow, bump, penetration or shake that disrupts normal brain function.

Brain injuries can be severe or minor and you don’t have to be involved in an accident for this to happen. Brain injuries can result from [Read more...]

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What Determines Who Is At Fault In A Traffic Accident?

Have you been involved in a traffic accident? What procedure is used to determine who is at fault?

traffic accidentsWhat Determines Who Is At Fault In A Traffic Accident?

Identifying who is at fault in a traffic accident all comes down to who was careless. For car accidents, there is a set of official rules that tells people how they are supposed to drive and guidelines that can be used to measure liability.

They are basically rules that everyone must learn before they can get their driver’s license. Each state has its own vehicle code and they apply not only to cars but to pedestrians, bicycles and motorcycles.

Sometimes when one of these rules is violated, [Read more...]

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Are You Eligible For Workers Compensation Benefits?

Have you been involved in a work related injury? Find out if you are eligible for workers compensation benefits.

workers compensation benefitsIf you have been involved in a work related injury or you have fallen ill because of your work, you may be eligible for workers compensation benefits. Workers compensation is the oldest form of insurance in the United States.

Industrial jobs have grown rapidly in the past few years and workplace injuries have become more common, which is why there was a need to have a system in place to deal with the injuries and to compensate workers who suffered from them.

Before workers’ compensation was established, if an employee suffered a work related injury, they had to sue their employer to pay for medical expenses and recover lost and future wages.

There are certain requirements that workers must meet in order to qualify for workers compensation benefits. Below is a discussion of the requirements.

How To Know You Are Eligible For Workers Compensation Benefits

1. Your Employer Must Be Covered By Workers’ Compensation

Not all employers need to have [Read more...]

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Should Your Hire A Bicycle Accident Injury Lawyer?

If you like riding your bicycle on Rhode Island roads, then you should have a bicycle accident injury lawyer on speed dial.

bicycle accident injury lawyerThere are a few common accident scenarios which most cyclists are likely to get involved in. The first is a motorist passing a bicycle rider without leaving enough distance. Cyclists often get their own lane along major roads or highway as well as being allowed to ride along the highways. Trouble begins when impatient drivers pass without leaving enough distance between the cyclists leading to accidents.

Second are collisions at intersections or roundabouts when the motorist does not look out for a cyclist. Also, during the left hand turn motorcyclists and cyclists are at a greater risk of accidents or turn mishaps. A driver making a left hand turn should give a right of way to any other driver coming from the opposite direction and only initiate movement when it is safe to do so.

However, other motorists rarely respect cyclists leading to accidents. Other possible ways include the open door collision, when a motorist opens the door oblivious to an oncoming cyclist leading to a collision; unexpected backing up, merging or lane changes, unsafe roadway conditions and of course over speeding.

Benefits Of Hiring A Bicycle Accident Injury Lawyer

Like most other personal injury lawyers, bicycle accident injury lawyers will seek [Read more...]

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Is It Medical Malpractice If You Are Discharged Too Soon?

Is it medical malpractice if you are discharged too soon from the hospital? How can you tell that you have been discharged from the hospital too early?

Is It Medical Malpractice If You Are Discharged Too Soon?Occasionally, a doctor may make the decision to discharge you early, before you are stable enough health wise to go home. If they send you home before it is medically safe to do so, then you could sue the hospital for medical malpractice.

How To Define Medical Malpractice

Not every mistake done at the hospital can be defined as medical malpractice. In order for an action or inaction to be classified as medical malpractice, it must fall below the accepted standard of medical care and it must result in some harm to you.

Standard medical care is the legal term used to explain the level of care that a health care professional with similar skills would provide to you under similar circumstances.

Is It Medical Malpractice If You Are Discharged Too Soon From The Hospital?

The answer to this question depends on [Read more...]

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Dog Bite Victims: When Should You Sue & When Should You Settle?

There are approximately 800, 000 dog bite victims every year. Dog bites cost more than $1 billion every year.

dog bite victimsIf you are a dog bite victim, the first step you should take is visit the hospital and get treated. Untreated dog bite injuries could lead to serious infections. Statistics show that 12 people out of the 800, 000 dog bite victims die from dog bite infections. It costs a lot of money to get treated for dog bites so if you have been bitten by a dog, you may want to file a lawsuit against the dog owner.

You may be entitled to have your lost wages, medical bills and other damages awarded to you for the dog bite injury.

The Law And Dog Bites

Dog bite victims have the right to sue if they feel the dog owner did very little to prevent the attack or somehow contributed to the attack. The type of lawsuit you will file is known as a personal injury lawsuit.

Dog bite laws differ from one state to another so it is important for you to [Read more...]

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What Should You Expect In A Spinal Cord Injury Lawsuit?

Just like most personal injury lawsuits, a spinal cord injury lawsuit is usually based on the legal theory of negligence.

spinal cord injury lawsuit

photo credit: dominikgolenia via photopin cc

Whether your spinal cord injury resulted from a fall, a car accident or some other cause, the impact it has on your life and your family can be devastating. Medical costs associated with spinal cord injuries can really accumulate and put a strain on your finances. If you are a spinal cord injury victim, you can file a spinal injury lawsuit and get compensation for your losses and injuries. It is important to know what a spinal cord injury is and any legal issues you may have in your case.

What Is A Spinal Cord Injury?

Any damage to the spinal cord that results in partial or full loss of sensation and motor control is known as a spinal cord injury. Spinal cord injuries can leave you [Read more...]

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