personalinjurylawblog

Daniel Chong, Left in DEA Cell For Five Days Gets Only $4M – Johnson Injury Lawyer

A New Jersey court has ruled that sending text messages to a driver can potentially make the sender liable for injuries in a crash caused by the text-reading recipient.
A Garden State appellate court found that a remote texter like 17-year-old Shannon Colonna “has a duty not to text someone who is driving” if that remote texter knows the recipient “will view the text while driving,” reports the ABA Journal.
Will texting a driver soon become the new “texting while driving”?
New Jersey Texting Accident
Colonna’s case involved a car accident in September 2009, in which two victims were seriously hurt and lost their legs. The driver, Kyle Best, had received two text messages from Colonna when the accident occurred, reports ABA Journal.
A lower court had ruled that Colonna could not be held liable for the victims’ injuries, arguing that no duty could be imposed on her in that situation.
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Sending text messages to a driver can potentially make the sender liable for injuries in a crash – Johnson Injury Lawyer

Here are five common ways to lose a personal injury lawsuit – Johnson Injury Lawyer

There are a variety of ways to shoot yourself in the foot (literally and figuratively) and lose a personal injury lawsuit.
From contributing to the accident to failing to take important legal steps, there are certain factors that can destroy your personal injury claim in court.
Here are five common ways to lose a personal injury lawsuit:
No experts. Parties must often rely on expert witness testimony to prove negligence. For example, a father in New Jersey who sued a mall after his daughter was injured by an escalator ended up losing the case, partly because of his failure to provide an expert opinion to explain the exact cause of the accident, according to The Star-Ledger.
Assumption of risk/contributory negligence. If you were negligent and contributed to your own injuries, or you assumed the risk of an obviously dangerous activity (and went ahead and engaged in the activity anyway), then your lawsuit may not be a winner.
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http://johnsoninjurylawyer.com/five-common-ways-lose-personal-injury-lawsuit/

Are the car crash police reports admissible in court as evidence – Johnson Injury Lawyer

In personal injury cases, car accident police reports can be useful tools to determine the circumstances of the accident and get a preliminary assessment of fault.
Car accident police reports are often used by insurance companies, as well as by parties involved in mediation or settlement negotiations.
But are the car crash police reports admissible in court as evidence? The answer depends on many factors. Here are a few you’ll want to consider:
Is It Hearsay?
Generally, you may use a police report as evidence if the report is properly admitted. If your case is governed by the Federal Rules of Evidence (which applies to civil courts, but generally not for small claims disputes [see below]), then the main concern of admitting police records is that of hearsay.
Hearsay evidence is an out of court statement being offered to prove the truth of the matter asserted. Translation:
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http://johnsoninjurylawyer.com/car-crash-police-reports-admissible-court-evidence/

How do criminal charges impact a civil car crash case – Johnson Injury Lawyer

Many car crashes lead to criminal charges, which in many cases can speed up the pace of otherwise costly litigation.
But how do criminal charges impact a civil car crash case?
Criminal Charges for Car Crashes
Sometimes, a car crash can be the result of a much bigger criminal issue. Take Omeed Aziz Popal, 36, who pleaded guilty in July 2013 to a hit-and-run spree he committed in 2006 in two cities: San Francisco and Fremont, California.
Popal killed one and injured 16 others in his various crashes. He was charged and convicted of first-degree murder, according to the San Jose Mercury News.
A conviction in a criminal court carries the highest standard of proof, beyond a reasonable doubt, and a conviction — either by a guilty plea or jury verdict — is taken as proof of the conduct alleged in the criminal charges.
So if someone is charged and convicted of a criminal offense that relates to fault in a car accident —
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http://johnsoninjurylawyer.com/criminal-charges-impact-civil-car-crash-case/

Three notable laws that may allow you to sue the military – Johnson Injury Lawyer

Suing the military is no easy feat. Alas, under the doctrine of sovereign immunity, you typically can’t sue the federal government without its permission.
However, the passage of certain laws has reduced this broad governmental immunity.
Here’s an introduction to three notable laws — the Federal Tort Claims Act, Military Claims Act, and Military Personnel and Civilian Employees’ Claims Act — that may allow you to sue the military:
Federal Tort Claims Act
The Federal Tort Claims Act (FTCA) is a federal law that waives the sovereign immunity of the federal government under certain circumstances. To achieve this waiver, you must file an administrative claim with the FTCA first.
The FTCA allows individuals to collect money from the federal government for personal injury, wrongful death, or property damage caused by the negligence of federal employees who are acting within the scope of their employment.
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http://johnsoninjurylawyer.com/three-notable-laws-may-allow-sue-military/

When it’s appropriate to sue a restaurant – Johnson Injury Lawyer

From being a victim of food poisoning to being served “pot sandwiches,” “fed up” patrons often wonder when it’s appropriate to sue a restaurant.
Here are five questions to ask yourself when considering a lawsuit against a restaurant:
Do the benefits of a lawsuit outweigh the costs? To put it bluntly, a lawsuit will command your time, money, and emotional patience. Since your case is all about making the restaurant pay for your damages, you’ll want to carefully tally up your bills, find out how much your case is worth, and determine whether a lawsuit is a strategically smart move or not.
Who owns the restaurant? Your lawsuit won’t get very far if you’re not suing the right party. Identify who the “usual suspects” are in your case. For example, your target may be a specific individual, a local franchisee, and/or a national chain.
How seriously were you injured? Make sure your injury is serious enough to warrant a lawsuit.
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http://johnsoninjurylawyer.com/appropriate-sue-restaurant/

Choosing the right car insurance policy – Johnson Injury Lawyer

Choosing the right car insurance policy can be tricky, and may leave people wondering: How does personal injury protection (PIP) work?
In general, PIP insurance covers expensive medical expenses after an accident. PIP can be beneficial because it reimburses drivers for their injuries, if those injuries aren’t covered by medical insurance.
Each state has different PIP requirements and availability, so learning more about PIP insurance can help you choose the right policy. Here are some common questions and answers about how PIP coverage works:
1. What Is PIP Insurance?
PIP works by only covering medical expenses, rather than property damage, after an accident. PIP insurance is often considered a no-fault policy because it covers the injured person regardless of who is at fault in the accident.
2. What’s Included in PIP Coverage?
Although the exact amount of coverage you’ll receive depends on the insurance policy you’ve selected, Esurance explains that PIP insurance
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http://johnsoninjurylawyer.com/choosing-right-car-insurance-policy/

You Can Sue Over Mental Stress and Trauma – Johnson Injury Lawyer

If someone causes you mental stress and trauma — such as anxiety or paranoia — you can sue him or her for damages under the legal theory of emotional distress. But in reality, securing damages for stress and trauma is pretty challenging. Damages are awarded only when certain circumstances are present.
Here are five questions to ask yourself when considering a lawsuit over mental stress or trauma:
How long ago was your injury? Under the statute of limitations, you must file your lawsuit within a certain period of time. For example, a plaintiff in California has two years from the date of injury to file a lawsuit for negligent or intentional infliction of emotional distress.
Physical manifestation of your stress/trauma? While it may be difficult to point out evidence of emotional distress, you may more easily provide evidence of related bodily injury like ulcers, headaches, and other physical signs of distress.
Read More:
http://johnsoninjurylawyer.com/can-sue-mental-stress-trauma/

What To Expect In Personal Injury Mediation – Johnson Injury Lawyer

Though you may imagine your personal injury lawsuit turning into a dramatic episode fit for primetime television, in reality, many personal injury cases wind up in mediation. Many courts even mandate mediation as part of the pretrial process.
If you’re opting to mediate your lawsuit, here’s what to expect in your personal injury mediation:
Expect low offers at first. Don’t feel offended and call it quits when you get offers that you feel are too low. It’s common for your side to come in too high and, on the flipside, the other party fielding figures that are too low. You’ll feel tempted to cut the negotiations short, but that may lead to you selling yourself short. Be patient and let the negotiation process proceed at its natural pace.
Expect to hear unfamiliar legal terms. Mediation entails a set of vocabulary that your attorney knows well, but that may sound strange to you. When you hear negotiation terms — such as conditional offers and leverage —
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http://johnsoninjurylawyer.com/expect-personal-injury-mediation/