Legal Questions

What is a Toxic Tort?

A toxic tort is a growing area of law that covers a wide variety of injuries due to contamination, toxins and/or faulty medications or drugs. Some examples of injuries that would fall under toxic tort law would be lead poisoning, asbestos related injuries (mesothelioma), contaminated water, contaminated buildings, pesticides, catastrophic events, tobacco, radiation or injuries due to medications or medical devices. There are certain similarities that toxic tort claims share. First, the injury was caused by a dangerous/unsafe substance. Next, persons who came into contact with the substance became at risk for injuries (similar in nature). Usually, the extent of the injuries may not be known for a number of years. Additionally, the persons or entity responsible for the dangerous

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What is a Class Action Lawsuit?

A class action lawsuit is an action where a group of people all has the same or similar injuries, which were caused by the same defective product, device, contamination, treatment, incident or occurrence. The group of people files one action and each member of the group is a class member of the lawsuit. It is logical and efficient to have only one action for injuries stemming from the same source, against the same defendant. If the plaintiff’s win the lawsuit, the damages will be divided among them in proportion to the injuries each individual has sustained. However, if the defendant wins the case, the class members (plaintiffs) are barred from filing a new claim, as either another class action or

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Who is Responsible for Injuries Stemming from a Sexual Assault?

As the victim of a sexual assault, you may have civil claims against more than one party. It depends on the circumstances surrounding the assault. You may have a claim for compensation against the assailant, the assailant’s employer or another individual. The injured party (male or female) may have a personal injury claim for damages sustained as a result of suffering a sexual assault. To prove a personal injury claim, the victim must show he or she was sexually assaulted by the defendant (assailant) and was injured as a result (physically or emotionally injured). It must also be shown that the defendant caused the plaintiff’s injuries, either intentionally or due to negligence.

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What Should I do if I’m in a Car Accident?

If you are in a car accident, there are some things you can do to protect yourself against any lawsuits that may arise from the incident. First, make sure you, and anyone else involved in the accident, is safe and call for medical assistance if needed. If you cannot get out of your car, wait for assistance to do so. If you can get out of your car, it is important to stay with your vehicle. This may be a safety issue, depending on the situation you are in, whether the area is dangerous or there is heavy traffic or other dangerous materials around you. Additionally, do not leave the scene of the accident before the police arrive or before

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How do I Know if I Have a Medical Malpractice Claim?

Medical procedures do not always have the desired outcome; sometimes unexpected or unpreventable results occur and are not the consequence of medical malpractice. In order to have a claim for medical malpractice, your injury (or undesired/harmful result of a medical procedure or treatment) must have been caused by negligence by a healthcare professional. Medical professionals must meet the industry’s standard of care when treating patients. This standard of care is determined by the level of care other medical professionals or workers would provide to an individual under the same or similar circumstances. Healthcare workers that are held to this standard may include doctors, nurses, hospital staff members, dentists, other medical related workers or the hospital itself. If the standard of

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Can Third Parties be Held Responsible for Injuries Stemming From a Drunk Driving Accident?

Generally, the drunk driver who caused the accident is responsible to the persons injured by the accident. However, in some cases, the injured party (or his or her family members) may file an action against a third party for damages arising from a drunk driving accident. A third party claim in such an accident may be against a variety of persons or even businesses. Those held liable for injuries stemming from the accident may be a police officer, employer, passenger, social host or a bar or restaurant. Situations where such third parties may be liable for a drunk drivers action may be if a police officer has knowledge that a driver is intoxicated and lets them continue to drive, if

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