While most people can describe pain and suffering, defining it within a narrow legal perspective can be more difficult. In fact, the very term “pain and suffering” has a specific meaning in the context of a personal injury case. It is important for victims to understand what they can and cannot claim for pain and suffering when filing a personal injury lawsuit. What Is Pain and Suffering? While most people think of physical pain when… read more →
According to a recent article in the New England Journal of Medicine, the topic of tort reform, once considered one of the most important in the healthcare debate, is actually founded on false principles. In fact, the unintended consequences of tort reform in states in which it has been enacted include lower standards of care for doctors and hospitals, which is the opposite of what supporters claimed would happen. Tort Reform: An Optical Illusion Those… read more →
Takeda is the maker of the diabetes drug Actos, which has been linked to bladder cancer and other serious health problems. The company insists that it followed all safety protocols and that the benefits of the drug far outweigh its risks. Takeda recently settled approximately 9,000 bladder cancer lawsuits for $2.37 billion. Experts believe that one of the strongest motivations for the company to settle is the fact that the earliest Actos trials resulted in… read more →
Comparative Negligence Law in Florida Explained Determining negligence is one of the most difficult aspects of any personal injury case. Accidents are not always strictly the fault of only one party, as more than one individual can contribute to them. To ensure responsibility is distributed fairly, Florida has adopted what is known as the pure comparative negligence theory. Knowing how this theory works can go a long way toward determining what a fair settlement is.… read more →
Bicycle manufacturer Trek recently announced a massive recall of nearly one million bicycles in the United States and Canada. The recall comes on the heels of three separate injuries, one of which left a cyclist paralyzed from the neck down. The problem with the recalled Trek bicycles involves a quick release lever that is located on the front wheel. This lever allegedly interferes with the bike’s disc brakes, and may cause the wheel to stop… read more →