Serious Personal Injury Lawyers Blog

Diagnostic Tools and Treatment for Brain Injury

noreply@blogger.com (Biera Campbell) — Fri, 16 May 2008 15:54:00 +0000

There are several diagnostic and treatment modalities for supervising or treating traumatic brain injury:

-Computed tomographic (CT) scan tests use high-speed x-rays. CT images can show swelling, bleeding, or compression of brain tissue.
-Magnetic resonance imaging (MRI) tests use magnetic energy to produce detailed pictures of brain tissue, bones, and other structures.
-Oxygen may be given by mask, nasal tubing, or ventilator (breathing machine). Individuals who are unconscious (comatose) may require a ventilator to breathe for them.
-Medicines to prevent or treat seizures, decrease brain swelling, control agitation, or control blood pressure may be given to patients with brain injury. The more severe the injury, the more medications and treatments are required.
-Hypothermia (lowered body temperature) has been shown in some medical studies to help improve recovery after a severe traumatic brain injury. This must be done as part of intensive care for a severe brain injury and must be carefully monitored. Further research is required to determine the effectiveness of this treatment.
-After the acute phase (first part) of care for the injury, persons with traumatic brain injury often receive intensive rehabilitation to maximize their functional level and improve their overall recovery including neuro-cognitive rehabilitation

Resources:
National Institute of Neurological Disorders and Stroke
Brain Injury Association of America

What Causes Traumatic Brain Injury (TBI)?

noreply@blogger.com (Biera Campbell) — Wed, 14 May 2008 13:36:00 +0000

Symptoms
-Headache
-Fatigue
-Memory loss
-Confusion
-Loss of consciousness
-Dizziness
-Tinnitus (ringing in the ears)
-Nausea or vomiting

Preventing Brain Injury
-Wear a seatbelt when riding in a motor vehicle.
-Wear a helmet for motorcycle riding, bicycle riding, or other activities that risk head injury.
-Use alcohol only in moderation and never while driving or boating.
-Assist the elderly in maintaining a safe environment and preventing falls.

General Information Regarding Traumatic Brain Injury

noreply@blogger.com (Biera Campbell) — Mon, 12 May 2008 16:18:00 +0000

More than 1 million head injuries occur every year in the United States. 52,000 individuals die, and 800,000 persons have permanent disability from these injuries. These injuries cost more than $40 billion each year. Because head injuries (also known as traumatic brain injuries) are common, and may have devastating effects, preventing them is critical.

Traumatic brain injury is the result of a blow to the head. This can come from a fall (28%), a vehicle crash (20%), an assault (11%), or shaking a baby. The brain tissue itself may be hurt, the blood vessels can rupture and cause bleeding, or a combination of these injuries may occur. Concussion (a temporary loss of brain function), contusion (bruising of the brain), fracture (broken skull bones), and hematoma (blood clot) are all types of traumatic brain injury.

The CDC estimates that at least 5.3 million Americans, approximately 2% of the U.S. population, currently have a long-term or lifelong need for help to perform activities of daily living as a result of TBI.

TBI can cause a wide range of functional changes affecting thinking, sensation, language, and/or emotions. It can also cause epilepsy and increase the risk for conditions such as Alzheimer’s disease, Parkinson’s disease, and other brain disorders that become more prevalent with age.

Requests to Admit

noreply@blogger.com (Biera Campbell) — Fri, 09 May 2008 14:39:00 +0000

A party to a lawsuit is permitted to ask another party to admit certain facts relevant to the case. The purpose of a request to admit is to streamline the case and avoid having to prove obvious facts. A secondary reason and benefit of a Request to Admit is to prove to your opponent that you have enough facts that can be readily presented to the jury to prove your case and that we will likely get a verdict in your favor. A Request to Admit a series of facts can be a very valuable tool in demonstrating to the opponent that they are going to probably lose and therefore should make a settlement offer approximating the expected jury verdict. That would save the time and expense of a jury trial.

Allan M. Siegel Invited to Speak at Supreme Court

noreply@blogger.com (Biera Campbell) — Mon, 05 May 2008 14:23:00 +0000

On May 2, 2008, Partner Allan M. Siegel was invited to speak at the Supreme Court to address the winners of the National Capital Lawyers Auxiliary’s Annual Law Day Contest. The essay contest was open to all sixth grade students in the District of Columbia public schools. The theme of the essay contest was “You Make a Difference.” It was meant to encourage students to consider their roles, as it relates to the law, in maintaining the freedoms we share while also fortifying the reality that these rights require responsibilities for all residents and citizens. Allan had the honor of joining Supreme Court Justice David Souter on this panel. Allan discussed the importance of the concluding words of the Pledge of Allegiance – “with liberty and justice for all.” He emphasized that one way each and every 6th grade student could make a difference is by ensuring that justice was guaranteed to all, by making sure the courthouse doors stayed open to all Americans – rich or poor. However, the highlight of the day was when the 6th grade finalists read portions of their essays to the audience. It is clear that these wonderful students have and will make a difference in our world.

Request for a Physical and Mental Examination

noreply@blogger.com (Biera Campbell) — Fri, 02 May 2008 14:13:00 +0000

Whenever a party claims that they were physically or mentally injured as a result of the wrongdoing of another, that party is subject to a request by the other side to submit to a physical or mental examination. Requests for physical examinations when there are ongoing complaints are common. The party requesting the examination obtains the report which must be provided to the lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. Requests for mental examinations as a result of a claim for a brain injury are another story however. The law firm of Chaikin, Sherman, Cammarata & Siegel has a reputation for aggressively protecting of their clients rights and interests. We also have a large number of clients who have sustained brain injuries. Defendant’s requests to examine an individual’s brain by neurological or neuropsychological testing is put under careful scrutiny. Rarely, if ever, is a request by a defendant for neuropsychological testing accepted by lawyers at Chaikin, Sherman, Cammarata & Siegel without a Court review of the precise components of the examination and a limitation on that examination to the greatest extent possible. The opportunity for abuse when an individual is being subjected to an examination is great. Accordingly, the vigilance on behalf of our clients is high. Although the requests for mental and physical examinations are an available discovery device, they are frequently the subject of objections and requests for judicial scrutiny.

by Ira Sherman, Esq.

Requests to Inspect and Photographing

noreply@blogger.com (Biera Campbell) — Mon, 28 Apr 2008 21:45:00 +0000

Requests to inspect the premises of a manufacturing facility, a location at which there was a slip and fall or any other location relevant to the lawsuit in the custody and control of the opponent is a frequently utilized discovery device. The lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. will frequently take their video or other cameras, and occasionally an expert, to inspect, photograph, photocopy, videotape, or otherwise record an accident scene, or the vehicle that caused the injury to our client, particularly a large truck. The use of a Request to Inspect can also be valuable when there was an injury to a person or property caused by, for example, a water leak. The lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. recently completed a lawsuit against the landlord relating to injuries sustained when the ceiling fell on our client’s head. The premises were subject to a Request to Inspect to determine why the ceiling fell after it had been repaired from a water leak and why the water continued to leak despite the repair. In “the group home cases”, which this law firm has received favorable recognition, we often would inspect and potentially photograph, by videotape or otherwise, the living conditions of the individuals in the group home that we represented. Requests to Inspect and Photocopy are extremely important component of the discovery of facts in a lawsuit.

by Ira Sherman

Request for Production of Documents

noreply@blogger.com (Biera Campbell) — Fri, 25 Apr 2008 21:23:00 +0000

Request for production of documents are a second basic form of discovery exchanged between the parties at the early stages of a lawsuit. An example of a set of Request for Production of Documents for an automobile accident case is attached to this blog. Request for Production of Documents generally seek documents relating to the amount of insurance, the reports and credentials of experts, reports relating to the accident, statements taken from parties and witnesses relating to the accident and other matters relevant to the lawsuit.

/DC%20owner%20RPDs.doc

Allan M. Siegel will take over as President of the Trial Lawyers Association of Washington, D.C. on May 10, 2008.

noreply@blogger.com (Biera Campbell) — Mon, 21 Apr 2008 17:35:00 +0000

On May 10, 2008 Partner Allan M. Siegel will be inducted as the President of the Trial Lawyers Association of Washington, D.C. (“DC-TLA”) at is Annual Awards Dinner which is being held at the National Press Club in Washington, D.C. The organization will also be honoring the American Association of Justice President, Kathleen Flynn Peterson, Retired Maryland Court of Appeals Judge Howard Chasanow, and Robert Peck of the Center for Constitutional Litigation.

DC-TLA is an organization which is dedicated to preserving the rights of, and advocating on behalf, of those who are injured by the negligence of others. Its members share an abiding commitment to maintaining a civil-justice system that enables citizens to have their claims for full and fair compensation adjudicated by a trial by jury. The organization supports the legal community by championing legislation that promotes and protects our clients’ rights and by providing high-quality educational programs for its members. Allan will have served as the Secretary, Treasurer, Vice President and President–Elect of the organization prior to his taking over as President on May 10, 2008. Allan will be the third member of Chaikin, Sherman, Cammarata & Siegel, P.C. to have been President of this prestigious organization, following in the footsteps of Donald Chaikin, Partner Emeritus, and Partner Ira Sherman.

Basic discovery – serving interrogatories

noreply@blogger.com (Biera Campbell) — Wed, 16 Apr 2008 14:13:00 +0000

Interrogatories are a set of written questions presented to an opponent for them to answer, in writing, under oath. A sample set of interrogatories in an automobile accident is appended below this blog for those of you curious to see the types of questions Chaikin, Sherman, Cammarata & Siegel would likely present to an opponent in an automobile accident case. A sample of interrogatories sent by the opponent to Chaikin, Sherman, Cammarata & Siegel to be answered by our client is attached below. Interrogatories sent with a lawsuit generally require a party to provide an answer within 45 days. Interrogatories or other discovery sent after a lawsuit has been served usually permit the party only 30 days to file its responses. Interrogatories usually ask the parties questions that reveal their identity, their employment, housing and driving history, the injuries they have sustained, a history of their medical treatment and requests for a list of medical bills.
/Example%20Rogs%20to%20Pltf.doc
/Example%20Rogs%20to%20Defendant.doc

by Ira Sherman

Discovery is not just a channel on television...

noreply@blogger.com (Biera Campbell) — Mon, 14 Apr 2008 13:24:00 +0000

After a lawsuit is filed, each party is permitted to conduct an investigation into facts the other side has which would either support their own case or provide support to the defenses asserted by the other party. This process is called “discovery”. The discovery phase of a lawsuit permits each side to obtain information, seek documents, photograph things relevant to the lawsuit, and other activities more fully described in blogs to follow.

by Ira Sherman

A new meaning of the word "motion"

noreply@blogger.com (Biera Campbell) — Fri, 11 Apr 2008 13:21:00 +0000

We have discussed the process of how a lawsuit begins with the filing of a complaint, the service of a summons and complaint, and the response called an “Answer”. There is a general interest in knowing other components and theories relating to how a lawsuit is processed and how it proceeds.

During the course of a lawsuit, there are times when a party wants to ask the court to do something. It could be to try to force the other side to provide information or simply to extend deadlines. Any request to the court to act is called a “motion”. A motion is an application to the court for relief. When a party (a participant in a lawsuit, force instance a plaintiff or a defendant) files a motion, the other side has an opportunity to file an opposition, usually within approximately 10 days of the filing of the motion. After the court has an opportunity to evaluate the motion and the opposition, if any, the court issues an Order setting forth the decision of the court.

by Ira Sherman

A dilemma- what to do when the other driver blames the driver of the vehicle in which you were a passenger

noreply@blogger.com (Biera Campbell) — Fri, 04 Apr 2008 22:33:00 +0000

The lawyers of Chaikin, Sherman, Cammarata & Siegel frequently meet with clients who come in as a family or friends all injured in the same accident. One of these individuals was the driver and the rest were passengers. All of the individuals may describe the collision in similar fashion stating, for example, that the other person went through the red light or stop sign. With the evidence presented, there does not appear to be any opportunity for there to be a dispute regarding how the collision occurred. Nevertheless, despite what appears to be clear case in favor of our clients, insurance carriers frequently communicate that their insured has a different version. Their insured, they explain, is claiming that it is our driver that is at fault for causing or contributing to the collision. The passengers are totally innocent of any wrongdoing. The passengers know the truth and do not feel that it is fair to have what they believe to be a clear case clouded by an unfair and untruthful version of the accident. Regardless, there is a risk that the jury will find that the other driver is telling the truth. The passengers must therefore make a decision. If they file a claim against their driver as well as the other driver, except in extremely rare circumstances when the jury cannot decide which one of the two drivers caused the accident, the passengers cannot lose. Accordingly, passengers are uniformly advised that when there is a conflict regarding who is at fault, it is in their best interest to file a claim against both drivers. By filing a claim against their own driver, the innocent passengers will have the opportunity to collect from whichever of the two drivers the jury finds at fault. On the other hand, if the passengers refused to make a claim against their own driver and the jury found that their driver was at fault, they would have suffered an injury but been unable to recover compensation because of a failure to file the claim against their own driver.

One additional complicating factor is that in the event that the other driver unexpectedly claims that our driver client is at fault, we must advise the passengers that they will need to obtain other counsel since we will not be able to sue our client, their driver, on their behalf.
Accordingly, when there is the unexpected allegation that the driver of our client’s vehicle was at fault, the passengers are left with the unpleasant but presumably necessary decision to sue their own driver and seek other counsel.

by Ira Sherman

Should you give a recorded statement to an insurance carrier--It depends!

noreply@blogger.com (Biera Campbell) — Wed, 02 Apr 2008 22:25:00 +0000

Clients are frequently asked to provide recorded statements to an insurance carrier representative shortly after an accident takes place. Any individual that becomes a client of Chaikin, Sherman, Cammarata & Siegel, P.C. is informed immediately not to have any contact with the insurance carrier representing the wrongdoer. The insurance carrier for the other party does not have a right to obtain a recorded statement from you. Chaikin, Sherman, Cammarata & Siegel does not recommend that a recorded statement be provided to the insurance carrier who represents an individual that may be your adversary at a later date. Think of it this way- there is no harm in denying your potential adversary the opportunity to take your statement but there may be great harm in providing that statement. For example, if an individual describes their injuries inartfully or in a lackadaisical manner, e.g. “I’m OK I guess.” Would then have a statement from you that is inaccurate because, for example, the pain has not yet begun, or worse, you are suffering from a brain injury. Nevertheless, that statement can later be used to defeat or diminish your claim for compensation. Accordingly, requests for recorded statements from the insurance carrier representing the wrongdoer or from the individual with whom you are in a collision should not be permitted.

On the other hand, you have a duty to cooperate with your own insurance company. After a collision, you should contact your agent or insurance company and report the accident as soon as practicable. Your own insurance company has the right to conduct an investigation, including obtaining a recorded statement from you regarding the circumstances of the happening of the accident. You are obligated, under your contract with your own insurance company to cooperate with them. Therefore, in the event your own insurance carrier requests a recorded statement, you must adhere to the requirements of your contract and provide that information.

by Ira Sherman

What your insurance carrier can do for you

noreply@blogger.com (Biera Campbell) — Mon, 31 Mar 2008 22:22:00 +0000

When you purchase automobile insurance, you do so not only to protect yourself in the event that you caused or contributed to an accident that resulted in an injury to another, but also to receive benefits in case you were injured as a result of the carelessness of another.

One of the protections you may have purchased in your insurance policy results in payment of your property damage, less a deductable, caused to your car as a result of the carelessness of another. Perhaps the biggest benefit of collision coverage, is that you personally do not have to argue with the wrongdoer’s insurance carrier in the event that they are denying that their insured was the exclusive cause of the accident contributing to the property damage. Instead, if you have collision coverage, you can call your insurance carrier and they will have your car repaired in accordance with the terms of that coverage. Additionally, if you purchased collision coverage, you most likely also have rental car coverage. This coverage would require your own insurance company to provide payments to permit you to rent a car during the time period that your vehicle is being repaired.

Other “first party” coverages available to you in the event of an automobile collision are personal injury protection (PIP) or Medical Payment coverage (Medpay). Personal injury protection coverage ordinarily provides benefits for medical services provided as well as wages lost as a result of the collision. Medical Payment coverage is exactly as it sounds. This coverage provides reimbursement for medical bills incurred as a result of damages sustained in the collision. Both PIP and Medpay coverage payments are made by your own insurance carrier and do not affect your right to recover for the very same medical bills and lost wages from the wrongdoer.

by Ira Sherman

Why is it important to have the highest amount of uninsured motorist coverage you can possibly afford?

noreply@blogger.com (Biera Campbell) — Fri, 21 Mar 2008 20:14:00 +0000

Uninsured motorist coverage protects you in the event that you were injured as a result of carelessness of a totally uninsured motorist. However, what most people do not realize is that uninsured motorist coverage converts to “underinsured motorist coverage” when you are injured as a result of the carelessness of an individual who has less insurance than your uninsured/underinsured motorist coverage. For instance, if a careless individual with a $25,000 insurance policy causes a significant injury to you and you have a $100,000 of uninsured/underinsured then your own insurance carrier would be responsible to pay the difference between the wrongdoer’s insurance coverage ($25,000) and your $100,000 underinsured motorist coverage, or $75,000. Therefore, uninsured motorist coverage provides a double benefit – one if injured by an uninsured driver and a second if injured by someone with less insurance that you own underinsured motorist coverage.

by Ira Sherman, Esq.

It is an insurance carrier's fiduciary duty to protect their insured from a verdict in excess of the policy limits

noreply@blogger.com (Biera Campbell) — Wed, 19 Mar 2008 13:47:00 +0000

We have previously explained the concept of a fiduciary duty. To summarize, a fiduciary duty is a duty that arises when there is a special relationship. There is a fiduciary duty between an insurance company and their insured. One of the fiduciary duties that an insurance company has to their insured is to make sure that the insured is not exposed to a verdict that could result in the payment out of their own pocket. In other words, if Chaikin, Sherman, Cammarata & Siegel, P.C. files a lawsuit for an amount greater than the available insurance (which is often the case), there is a risk to the wrongdoer that Chaikin, Sherman, Cammarata & Siegel will receive a verdict greater than the amount of insurance. The defendant would then have to pay the amount of the verdict that is in excess of their insurance out of their own personal assets. An insurance carrier is required to protect their insured from an excess verdict by offering to settle the case within or at policy insurance limits when liability and damages in the case demonstrate that the risk of an excess verdict is real.

by Ira Sherman, Esq.

What is the difference between comparative negligence and the law in the District of Columbia, Maryland and Virginia

noreply@blogger.com (Biera Campbell) — Mon, 17 Mar 2008 13:42:00 +0000

Jurisdictions that have comparative negligence laws permit a plaintiff to recover even though they caused or contributed to their accident. In the District of Columbia, Maryland and Virginia, if you caused or contributed to the occurrence of the incident and the injuries which resulted to any degree, you cannot recover. In a comparative negligence state, the jury would be permitted to compare the carelessness of each party and issue based on the comparative fault of the parties. For instance, if you were a pedestrian walking outside of the crosswalk and struck by an inattentive driver and the jury concluded you were 50% at fault, you would be awarded 50% of the total jury verdict. The state of Maryland Legislature has been considered adopting comparative negligence but has not done so to date. In the opinion of Chaikin, Sherman, Cammarata & Siegel, P.C., comparative negligence is a much more fair way of compensating an individual for injuries sustained. It is unfair to an often severely injured individual for an error in judgment that minimally contributed to the accident and injuries sustained. The plaintiff should be permitted to recover to the extent of his innocence and the defendant would only be required to pay that amount equal to the degree of their fault. A more fair system cannot be devised.

by Ira Sherman, Esq.

How to determine if you have a case by asking three simple questions

noreply@blogger.com (Biera Campbell) — Fri, 14 Mar 2008 13:04:00 +0000

Many people call asking, “Do I have a case?” The purpose of this blog is to assist in the evaluation of that question. There are three simple questions you can ask yourself to determine if you have a case. The first question is, “Did the other party do anything wrong?” If the answer to the question is “yes”, the other party was careless, and then you can go to the next question. If the answer was “no, no one did anything careless”, you will not have a claim. The second question is, “Was I careless or did I knowingly assume a risk of becoming injured?” If the answer to that question is no – that you were not careless and that you did not assume the risk then, again, you have answered the question in a way that would preserve your right to file a claim. If you were careless or assumed a known risk, you will not be able to file a claim. The third and final question to ask yourself is, “Was I injured as a result of the other party’s carelessness?” People occasionally call angry at the carelessness of another party, believing that the other party could have “hurt or killed them.” However, in order to make a claim for money, you have to have actually suffered a physical injury due to the negligence of another. So, if you have been physically injured by the carelessness of another, you have all three components of a claim and you would ordinarily have a right to recover money damages.

by Ira Sherman, Esq.

What do the defenses of contributory negligence and assumption of the risk mean and why do we care?

noreply@blogger.com (Biera Campbell) — Wed, 12 Mar 2008 15:39:00 +0000

The District of Columba, Maryland and Virginia are virtually the only three jurisdictions in the entire country that have a system of civil law called “Absolute Fault”. The other states have “Comparative Fault” systems. An “Absolute Fault” system requires the plaintiff to prove that the defendant was completely, 100%, at fault for causing the accident and the injuries claimed. If the Plaintiff caused or contributed to the accident, in any way, to any degree, then the Plaintiff cannot collect. Contributory negligence means that the plaintiff failed to exercise reasonable care to protect themselves from injury. In an “Absolute Fault” jurisdiction, if the plaintiff was careless, to any degree, even if the Defendant was negligent, then the plaintiff cannot recover. For instance, if a pedestrian was walking outside of the crosswalk and was struck by an automobile being driven by an inattentive driver, the pedestrian will be unlikely to recover because the pedestrian, like the inattentive driver of the automobile, did not act in a careful, prudent way by crossing at the corner, at the crosswalk, on a green or walk signal. Assumption of the risk is different than contributory negligence. Contributory negligence is a concept that means that you were unintentionally careless and that a reasonable person would have been more careful to protect themselves. When you assume the risk, you are aware of the danger and confront it anyway. Even if the defendant was negligent, if you undertake a danger knowing there is a risk of harm, you cannot recover for your injury despite the defendant’s negligence. For instance, if you go to a hockey or baseball game and get hit by a puck or ball, you “assumed the risk” if that taking place and you cannot recover for any injuries sustained.

by Ira Sherman

We All Have A Duty To Act Reasonably But Some People Have a Special Duty - A Fiduciary Duty

noreply@blogger.com (Biera Campbell) — Mon, 10 Mar 2008 13:37:00 +0000

For those of you who have been reading this blog, you understand and appreciate that the difference between an accident and a claim that the law recognizes as a civil wrong, is whether somebody failed to comply with a duty owed to another. In other words, for purposes of review, an individual could slip and fall on a floor made wet by the last customer that walked in front of the injured person only a few seconds earlier. Because this did not permit the supermarket personnel to have the opportunity to inspect the floor and clean up the dangerous condition, the slip and fall would likely be considered an “accident.” The duty to protect a customer arises when there is an opportunity to learn that a danger existed in sufficient time to warn the public of the danger by posting a "Wet Floor" sign or by eliminating the danger. Sufficient time must exist to inspect the premises from the time the danger arose and to clean up or warn passersby before the incident can take place. A violation or breach of that duty, which the law considers “reasonable care” (assuming an injury and the absence of contributory negligence), results in a negligence case. There are other duties called “fiduciary duties.” A fiduciary duty arises when there is a special relationship between an individual and another individual or an individual and an entity, such as an insurance company, a doctor, a hospital, an attorney, or a clergyman. When a fiduciary duty arising from a special relationship exists, the standard of care is higher to protect the individual from harm. Failure to comply with a fiduciary duty can result in a bad faith claim against the insurance company.

Serving The Defendant And Receiving Their Answer Puts The Case "At Issue"

noreply@blogger.com (Biera Campbell) — Fri, 07 Mar 2008 16:22:00 +0000

We have previously described the content and format of a “complaint”; the document that is utilized to begin a lawsuit. When the clerk of the court receives the complaint, with the filing fee, the complaint is now ready to be issued from the court in a form that can be “served” on the defendant. The complaint is served with a summons which is issued by the clerk of the court ordering the defendant to provide an Answer to the complaint within a certain period of time. The period of time to answer the complaint can vary depending on who the defendant is. For instance, an individual may have 20 or 30 days to answer the complaint, depending on the jurisdiction, while a corporation, an out-of-state defendant, or a governmental agency may have 60 days to answer the same complaint. When the defendant receives the complaint, known as being “served with the complaint”, an affidavit of service is filed with the court to notify the court of the date on which the defendant’s obligation to file an answer begins to run. The defendant’s answer sets forth their response to each of the factual allegations in the complaint and asserts their own defenses such as, contributory negligence or assumption of the risk. When a defendant files the answer with the court and serves it on the plaintiff, the parties have now been legally engaged and the case is considered “at issue”. The legal wrangling can now begin.

by Ira Sherman

Learning about a Lawsuit

noreply@blogger.com (Biera Campbell) — Mon, 03 Mar 2008 21:35:00 +0000

A civil action – a claim for money damages – is begun by the filing of a complaint with the court. A complaint is simply a statement advising the person who was sued, “the defendant”, what they did wrong and the injury caused by the wrong. In a civil case, you have to prove and set forth in the complaint what are known as the “elements” of a cause of action in the complaint and explain why the case belongs in that court in that state or jurisdiction. The “elements” of a civil action for negligence, for instance, requires a statement of a duty, e.g. to stop at a red light, a breach of a duty e.g. that the defendant went through the red light, and, a statement of damages, e.g. a broken leg, back and neck pain. The statement permitting the case to be in that state or jurisdiction would describe that the incident took place in that state or jurisdiction and/or that the wrongdoer lives in that jurisdiction. Once the complaint is properly drafted, it has to be filed with the court and the clerk of the court puts it into a format which can be used to “serve” the defendant.

What is the difference between an “accident” and a “tort” – Civil

noreply@blogger.com (Biera Campbell) — Fri, 15 Feb 2008 22:08:00 +0000

We all know that a criminal case requires proof beyond a reasonable doubt. That is one difference between a criminal case and “tort”, which is a civil wrongdoing. The reason why the burden of proof is higher in a criminal case is because liberty is at stake.

The burden of proof in a civil case requires a claimant to prove, by a “preponderance of the evidence” that the individual that caused the harm violated a duty owed to that individual. A preponderance of the evidence means that you have to prove your case by showing that the violation and the damages, more probably than not, occurred as alleged. Examples of standards of care that result in duties are:

-Stopping at a red light and not proceeding until the light turns green
-Stopping at a stop sign and not proceeding until it is safe to do so.
-Not changing lanes unless it is safe to do so.
-Not turning in front of another vehicle unless and until it is safe to do so.
-Not driving while impaired by alcohol or drugs.

However, occasionally a potential client calls because they were injured but not because anyone violated a duty towards them. For example, if it is raining and you slip and fall because the sidewalk is slippery, no one owed a duty to protect you from having a sidewalk that would not be slippery in raining conditions. Another example would be in a supermarket, assuming that the floor became wet by the customer immediately preceding you and there was not ample opportunity for the store owner to observe and protect the customer from walking on the wet floor, there would be no duty violated in the event that somebody slipped and fell. There has to be a reasonable opportunity to observe a danger and protect the public from being hurt by the danger that materialized. However, accidents do happen, always have happened and still happen. An accident, which is an incident that the law does not recognize as one which would permit you to obtain compensation for results when you are injured without anybody having caused the injury because they acted unreasonably. Accordingly, in trying to evaluate whether you have a claim, the first question you should ask is: “Was my injury caused because somebody failed to adhere to a duty I expected that they owed to me?” If the answer to that question is yes, then you have a claim and, assuming you are injured, you should call the law firm of Chaikin, Sherman, Cammarata & Siegel, P.C. to assist you in pursuing your claim and obtaining the maximum compensation available under the law.

Law Firm Achieves a $350,000 Settlement on Behalf of a Client Whose Car was Rear-ended by a Tractor Trailer

noreply@blogger.com (Biera Campbell) — Wed, 13 Feb 2008 21:49:00 +0000

Our client, Darnell, age 34, sustained significant multiple injuries as a result of his car being rear-ended by a 18 wheel tractor trailer. Darnell was stopped at a red light. As a result of the rear-end impact, Darnell’s car was pushed into the car in front of his. Darnell sustained a closed head injury and had ongoing cognitive impairments such as a deficit in working memory. Additionally, Darnell suffered myofascial pain syndrome. Darnell’s past medical expenses were approximately $30,000 and his lost wages were approximately $5,000.