When drug manufacturers are sued for refusing to properly label products that have resulted in personal injuries or wrongful deaths, they argue that under state laws personal injury claims are barred under the doctrine of federal preemption. When a court orders that a claim is subject to federal preemption it precludes the defendant from being […]
Traumatic Brain Injury: Diagnosis, Treatment and Recovery
Brain injury is the leading cause of death for those under the age of 45. Many who suffer mild to moderate brain injury do not appear to be injured and they have few outward physical manifestations of personal injuries. In short, they “look” good, despite the fact that they have suffered a severe personal injury […]
Symptoms of Traumatic Brain Injury Family Members Must Know
Traumatic brain injuries bring more than 400,000 people to hospitals every year. Approximately three-quarters are diagnosed as having suffered a mild to moderate injury – injuries that can be subtle, persistent, and long term. Yet, many times survivors suffer minimal outward physical manifestations of brain injury. These patients are reassured that they will recover. As […]
Negligence Law in Personal Injury and Wrongful Death Cases
Q. WHEN IS A PLAINTIFF ENTITLED TO RECOVER? A. A plaintiff who was injured as as result of some negligent conduct on the part of a defendant is entitled to recover compensation for such injury from that defendant. A plaintiff is entitled to a verdict if jury finds 1. That a defendant was negligent, and 2. […]
“Cable Barriers” are Worthless in Preventing Personal Injuries and Wrongful Deaths
“Cable barriers” do nothing to prevent cross median crashes, which always result in wrongful deaths and extremely serious personal injuries. A cross-median head-on crash is the equivalent of hitting a concrete wall at 130 mph and with cars designed to absorb an impact of 30-35 mph, the results are inevitable. Of California’s 9,000 miles of […]
