When a consumer suffers injury after using a purchased product, he or she may have grounds to file a product liability case if evidence shows that a third party was responsible for damages. Sometimes, it is one individual who files a claim. Other times, there may be a class action lawsuit where a group of people join as plaintiffs to seek compensation for damages. Some cases settle out of court; others go through litigation.
In 1999, General Motors (GM) was ordered to pay billions in punitive damages to a family who sued the company after suffering injuries in a motor vehicle collision. The court ruled that GM knew the vehicle in question had a defect that caused its gas tank to explode upon impact. The six plaintiffs had suffered severe burns when their gas tank exploded after getting hit from the rear.
Another large settlement for product liability was more than $3 billion, which Dow Corning paid plaintiffs in a class action lawsuit regarding injuries caused by defective breast implants. Philip Morris company was ordered to pay a woman with cancer $28 billion in punitive damages for failing to warn her of the dangers involved in using their tobacco products. The company was able to get the amount lowered to $28 million on appeal. These are just a few examples of some of the biggest product liability cases in U.S. history. Anyone considering filing such a claim will want to seek counsel with an experienced injury attorney before heading to court.
]]>Investigators say an SUV driver failed to yield the right-of-way and struck a biker entering the intersection. The force of impact ejected the rider from his seat, and his body landed under the SUV. Police who responded to the scene took the SUV driver into custody.
California police took the SUV driver into custody for suspected operation of a motor vehicle under the influence of alcohol. When another driver’s negligence or reckless behavior causes a fatal collision, an immediate family member of the decedent has grounds for filing a wrongful death claim in civil court. A plaintiff in a wrongful death claim must prove that several elements existed at the time of the incident.
Elements that prove a wrongful death claim include a duty of care, negligence (failure to fulfill the duty of care) and damages resulting from the negligence. A California personal injury attorney can provide compassionate and strong support to a grieving family who wishes to seek financial recovery for their losses following a loved one’s death. Litigation cannot replace the loss of human life; however, court-awarded judgments may at least help alleviate the tremendous financial strain that often accompanies the sudden death of a family member, especially if he or she was the primary wage earner in the household.
]]>The term “zipper” refers to the pattern that occurs as drivers in the moving lane allow vehicles from the blocked lane to enter their lane. When implementing a zipper merger, a driver will continue to stay in the on-ramp to the end, accelerating to try to match the speed of traffic, then safely merge into the traffic flow as the merge lane comes to an end.
Data shows that the zipper method is a much safer way to merge with traffic rather than trying to enter the lane at the start of the merge lane. This causes drivers in the clear lane to hit their brakes, which can result in rear-end collisions. In a successful zipper merger system, approximately every other vehicle is allowing a vehicle from the blocked lane to enter, thus giving the appearance of the teeth on a zipper coming together.
If drivers exhibit signs of road rage or do not allow other drivers to execute a zipper merger, car accidents may occur. Collisions that take place at merge points often result in severe or fatal injuries. New York law provides recourse to recovering victims and immediate family members of fatally injured victims by allowing them to file a personal injury or wrongful death claim in civil court.
]]>A 60-year-old man was ejected from the vehicle that veered into oncoming traffic. Witnesses later said that his car caught fire in the collision. As the vehicle drifted out of control into the first adjacent lane, it struck another car head-on, then hit another car in a second lane. The man who caused the collision did not survive the accident.
A 39-year-old woman who was driving the first car that was struck was transported to a hospital with serious injuries. Two people in the second car, one of whom is a minor, also suffered minor injuries in the collision. Investigators do not believe that drugs or alcohol were causal factors in the accident.
When a California driver dies in a collision that he or she caused, those who survived their injuries may still seek financial recovery for their losses. To do so, they must file a personal injury claim against the decedent’s estate. It is best to seek legal support before initiating litigation. An experienced attorney can help gather evidence and determine the maximum amount of compensation to which a particular client may be entitled. An attorney can also speak and act on behalf of a plaintiff in court, which makes the proceedings much less stressful.
]]>This is a highly stressful type of litigation. Not only must you listen to a retelling of the accident that resulted in your loved one's death, but there might also be parties involved who are trying to undermine your claim. While there is no way to compensate for the loss of human life, your family should not have to suffer financial strain due to expenses associated with your loved one's death when another person's negligence was the proximate cause.
It is helpful to seek support before filing a wrongful death claim. For instance, you and your family members might benefit from talking with a grief counselor or joining a support group in your community that focuses on dealing with a loved one's sudden death. You can also enlist assistance from an experienced attorney who can speak and act on your behalf in court, which makes proceedings a lot less stressful.
By scheduling a meeting with the McNally Law Office, in California, you can set the wheels in motion to build a strong support network as you prepare to file a wrongful death claim. This law office litigates these cases on a contingent basis. This means that you will not owe any legal fees unless the case is settled favorably or the court rules in your favor. Having an experienced attorney by your side throughout proceedings increases the chances of achieving a positive outcome.
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