Articles Posted in Personal Injury

by

Mr. John Robert Williams Jr., was recently awarded 3.4 million dollars in a jury trial. A crane operator, he had filed a lawsuit after suffering a severe brain injury and becoming blind. This construction accident occurred when he was operating a crane in tandem with another crane operator. At the time, they were working to move a ship’s bow. Following orders, he stopped his crane while the other crane continued to operate. Immediately his crane began to tip and he had to go about trying to right it. Unfortunately, what happened next led to lifelong injuries.

The 18,000 pound counterweights flew up and hit his cab. This propelled him out of the cab and threw him onto the ground where he landed with such force that he suffered a brain injury and became blind. This tragic accident did not need to occur.

The lawsuit claimed, and a jury agreed, that the crane manufacturer, Manitowoc Cranes LLC in Wisconsin, was to blame because proper warning was not given about how the counterweights could come loose and hit the cab. With no warning, Mr. Williams was unaware of the danger to his life and the need to escape the cab quickly. If he had been warned, he could have jumped out of the cab prior to becoming hit by the counterweights.

Continue Reading

by

Alongside military service, being part of a jury is considered to be one of the most important civil responsibilities of an adult American citizen. The U.S. legal system is founded upon multiple rights including that of the right to a trial by jury. Found in the Bill of Rights and the Seventh Amendment to the United States Constitution, this right is a primary difference between the American legal systems and those of other countries. A trial by jury compromises of 12 ordinary citizens (sometimes less) who are obliged to show up for jury duty and serve on a jury in civil or criminal.

Serving on a jury is an incredible opportunity to participate in the legal process of governance, and to better understand how things work. Unlike having the choice to vote, jury duty is mandatory rather than discretionary. It’s understandable to have concerns when you’re summoned for jury duty. You may even wonder how you can get out of it. Although jury duty could impose a heavy burden upon your life, it’s recommended to put forth your best effort when served. For when you fulfill this civil duty, you may be appreciated with gratitude from the court system and government as a whole. Moreover, you may walk away from the final day of jury duty with an enlightening sense of legal knowledge and a regard for the rights of the American people.

Continue Reading

by

The most important decision you can make in your case is hiring the right accident attorney. With so many out there to choose from, this is harder than it can seem. It is critical that you hire someone who is experienced at representing accident victims and negotiating directly with the insurance companies. This will put you at an advantage when it comes to settlement negotiations or if you need to go to court.

The biggest thing that you need to remember is that the insurance company has a team of skilled attorneys on their side. They know what to do in order to keep the settlement low and will do whatever they can to pay you as little as possible. You need an equally skilled accident attorney, on your side, to ensure that you are treated fairly and get as much money as possible. This is not the time to hire a novice lawyer or someone who rarely deals with insurance companies. With your future on the line, you want the very best attorney you can find.

There are several things you can do to ensure that you hire the best attorney for your particular situation. They include –

Continue Reading

by

Nashville Attorneys, The Higgins Firm, are closely looking into Abilify lawsuits and claims which have raised concern amongst professionals after a number of people were said to have developed a gambling disorder, diabetes or other potentially harmful uncontrollable urges while taking the drug. These urges, the Abilify lawyers go on to say, appeared to have ceased once the medication was discontinued. Continue Reading

by

In this case, Andrew Yount grew breasts after taking Risperdal since he was five. He was awarded 70 million in damages for physical disfigurement and emotional distress by a jury in Philadelphia. The award is 28 times greater than the highest jury verdict previously decided against Janssen, a Johnson & Johnson subsidiary, in Philadelphia-based Risperdal litigation. That former highest verdict award was $2.5 million.

Austin Pledger, who was prescribed Risperdal in 2002 as a teenager for treatment of mood swings related to his autism, developed size 46 DD breasts, allegedly as a result of taking the drug.

Like Yount, Pledger asserted Janssen did not disclose or properly warn of such side effects before he was prescribed Risperdal. A Philadelphia jury awarded Pledger $2.5 million in February of last year. Only one case thus far, featuring Pennsylvania plaintiff William Cirba, has ended with a ruling in Janssen’s favor.

Continue Reading

by

When we take our families to amusement parks and themed parks like Disney, we expect that the experience will not only be fun and enjoyable but also safe for the ones we love. However, the incident with the incident involving a toddler and an alligator ended in tragedy and may have been preventable.  So now what will Disney do?  What legal rights does this family have to get answers for their horrible loss?

According to reports, the toddler was wading in the shallows of the Seven Seas Lagoon at Disney’s Grand Floridian Resort and Spa around 9:00 p.m. on Tuesday when an alligator grabbed him and pulled him under the water. His father, Matt Graves, rushed into the water and sustained lacerations on his hand in an attempt to fight off the alligator. He then summoned a lifeguard from a nearby pool, who was also unable to rescue the boy. After a 16-hour search, the boy’s deceased body was discovered fully intact – just 15 yards from where he was taken.

Disney, like any hotel operator has a duty to keep their guest safe.  A duty to warn the guest of any known dangers.  We all feel that places like Disney are so secure it is very understandable how a family from outside the area would be oblivious to the dangers lurking in that lake. It appears there were signs that read “no swimming” posted in the area but no signage warning of alligators, a Disney spokesperson confirmed to PEOPLE. Orange County Sheriff, Jerry Demings say that, “The boy was splashing in about 6 inches to one foot of water at the time of the attack. I believe what this 2-year-old was doing was perhaps what any 2-year-old would be doing.”

Continue Reading

by

As the Tennessee grows, tragic accidents between cars and people have dramatically risen.  In fact, there have been one hundred and twenty pedestrians and bicyclists killed as of December 29, 2015.  Six  other pedestrians died in Nashville in November and December raising alarm among advocates and a new round of questions about why some people continue to be injured or killed on infamously dangerous streets, like Harding Place.  Mary-Pat Teague, chairwoman of Metro’s Bike and Pedestrian Advisory Committee was surprised by the high numbers and stated that, “A couple of these recent fatalities, people were crossing the street mid-block, out of a crosswalk , always very dangerous  but they were crossing because that’s where the bus stop was.”

Nashville’s Bike and Pedestrian Advisory Committee or BPAC and the on-profit Walk Bike Nashville, has been considering a move toward a “Vision Zero,” program that strives for zero fatalities. Teague stated that he program, as adopted in other cities, typically includes an education campaign about safe crossings, an analysis of speed limits in known danger areas, and engineering changes that try to anticipate driver errors. Mary-Pat Teague also went on to say that the “Police are doing everything they can to investigate and look at these issues, but they need help with policy changes, I believe.” Metro continues to examine crosswalks and police enforcement while the Tennessee Highway Patrol is also making pedestrian safety a priority in 2016. Lt. Bill Miller said he worries about distraction and not just for drivers. He asks, “Is there something that we can do to better educate the public as to the dangers that are involved with walking and being distracted at the same time?” Miller also went on to state that, “It’s an urgent challenge because 10 percent of roadway fatalities now involve people outside of vehicles. We are, unfortunately, being hit very hard with non-motorized and pedestrian fatalities. That is going to be one of our primary areas of focus in 2016.”

Continue Reading

by

Hiring a personal injury lawyer to help with your case is a crucial step in getting the outcome that is most beneficial to you. Here are some steps you can take to make the process of working with an attorney go as smoothly as possible.

Higgins Law Firm Personal Injury Lawyer

  •  Tell your lawyer everything you know or can remember. Talking about your accident may be embarrassing because you may feel like you did something wrong, but it is important that you be as honest with your lawyer as possible and to tell them everything you know concerning your injury case. You are protected by attorney-client privilege, so your lawyer has to keep everything you share with them confidential. Any information you don’t disclose and comes to light later could be used to undermine your case.
  • Keep all medical appointments and follow your physician’s orders
Continue Reading

by

How hard is it to win a slip and fall case in Tennessee? Very hard! People often think that if they are injured at a business the store will automatically pay for any medical bills or damages. Well that is not the case. Just like if someone fell at your house just because they were clumsy you will not have to pay for their damages. To win a fall case you have to show the business created the danger or knew (should have know) about the danger and did nothing to fix it or worn people about it. Not easy. I was recently interviewed about these cases and how to increase your chances of winning them at trial. You can watch the interview below:

 
Continue Reading

by

Last week, a Nashville resident filed a lawsuit against Montgomery Bell Academy (MBA) after claiming that she was knocked unconscious by an errant soccer ball from atop an elevated soccer field. According to the suit, she had been out walking near the prestigious all-boys prep school last year when she was hit in the side of the head with a soccer ball that came from an open air soccer field sitting atop a 3-story parking garage. She claims that the ball knocked her unconscious and threw her into the street.

Before being struck by the soccer ball, the plaintiff states that she had been a “vigorous and active person” who often exercised and socialized. However, the suit claims that she now suffers from lingering physical and mental injuries. In addition, the suit claims that the victim’s husband who has cancer also suffered because of his wife’s physical and mental injuries.

In the suit, the injured woman claims that MBA “knew of the unsafe condition caused by its use of the rooftop soccer field and the way in which it was designed and used.” The suit claims that the school failed to provide ample netting or other safety measures to prevent passers from coming into contact with the soccer balls. In addition, the plaintiff contends that the risk caused by a kicked soccer ball off of a roof is indeed foreseeable.

Depending on the outcome, this lawsuit could provide a new threshold of culpability for schools’ sporting facilities throughout the state. If the court determines that MBA is indeed accountable, other individuals struck by errant balls outside the field of play would be able to file suit for sizable damages. It would establish a duty that schools owe to those individuals within the vicinity of sporting facilities. It would also likely force schools to be much more careful about providing safety measures to protect those nearby. Although this lawsuit is still in the early stages, it will certainly be an interesting case to track.
Continue Reading

Badge
American Association of Justice Badge
Justia Badge for
Million Dollar Advocates Forum Badge
Best of the Bar Badge
AV Preeminent Badge