Hogan Injury > Blog > personal injury case

Physical Injury in Fitness Centers

By | May 28th, 2018

Fitness in America is a billion dollar industry, with a projection of $87.5 billion in 2018. The fitness industry grew to approximately 200,000 clubs worldwide, serving 162 million members. With the growing number of people who acquire gym and fitness centers membership, also comes the risk of physical injuries among customers – may it be from over-exertion, incorrect form and technique, and faulty equipment, among other causes. Some of the most common injuries range from muscle pain, splints, strain, and sprain to more serious ones such as fractures,.

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Preserving the Integrity of the Claim

By | April 7th, 2018

QUESTION: I slipped off a broken uneven step outside the local post office and was immediately paralyzed with pain from a dislocated shoulder. After I slipped, an employee went out and salted the step, looked at me, and said I should get to the hospital. I was taken to the emergency where they took X-rays, and my arm was on a sling for 3 weeks. I have my wife and another person as witnesses to this incident. What are the steps I should take so that I could claim damages.

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When You are Quickly Assumed to be at Fault in an Accident

By | November 2nd, 2013

QUESTION: I was getting out of the car in the parking spot in a main street. I made sure that no cars were in motion at that moment, so barely opening the door, a guy who was speaking on the phone smashed my car. The police officer was not even there but he claimed that it was my fault. He did not allow me to talk, instead he just said that I could get a ticket. He went on and listened to the other guy’s version and did not include.

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Dental Injury Due to Adulterated Food

By | October 23rd, 2013

QUESTION: While eating a fish taco at a local restaurant, I bit into a rusty screw in that taco. It crushed a crown on an upper tooth that now has to be removed and replaced. I have been in discomfort and my dentist feels there is possibility of future infection due to potential damage to the tooth’s root. Should I pursue legal action? ANSWER: Providers of contaminated or “adulterated” food may be liable on product liability and breach of warranty theories if the injury-causing substance is foreign to the food.

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The Time it Takes in Slip and Fall Settlement Proceeding

By | October 23rd, 2013

QUESTION: I fell in Albertson’s Grocery store, Santa Ana due to water on the floor last March. I had a back surgery last week. How long shall it take for a settlement proceeding in a slip and fall case? ANSWER: As a general rule, the burden of proving negligence liability in slip and fall cases rests on the plaintiff.  No inference of negligence can arise simply upon proof of a fall on the defendant’s floor. This is so even when the fall is associated with a slippery object, “because objects.

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The Possibility of Workers Compensation and Personal Injury Claims at Once

By | October 23rd, 2013

QUESTION: I have a Workers Compensation case open and it is going on 2 years in December. I’ve had many tests done and my last resort is surgery. The accident was from a fall over some boxes on the floor at work. Can I file a personal injury claim? ANSWER: Ordinarily, an employee’s rights against his or her employer for on-the-job injuries lie solely under the workers’ compensation law—i.e., when the “conditions of compensation” are present (Lab.C. § 3600), the employer is immune from civil damages liability because workers’ compensation.

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Personal Injury Case Based on Negligence in a Mall

By | October 23rd, 2013

QUESTION: Yesterday a daughter of a friend got hurt at mall and now she is in surgery and might lose an arm. I think she was climbing on some sculpture. Anything we could do? ANSWER: A personal injury case based on negligence may be filed. Ordinarily, the burden of proving negligence rests on the plaintiff. However, a presumption of negligence on the part of the defendant may exist, called the doctrine of res ipsa loquitor, provided that the following requisites are present: That the accident is of a kind which.

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Demand Letter: Medical Bills Reimbursements

By | October 3rd, 2013

QUESTION: In a personal injury case, do you request reimbursement for co-pay fees of the actual costs that a hospital would charge without insurance? I was in an automobile accident and received medical treatment from a Kaiser Facility. My concern is when writing a demand letter, do I list only the co-pay fees or the actual fees that would be charged for the services received. ANSWER: Some insurance policies (e.g., Kaiser) cover the insured’s medical bills, but give the carrier a right of reimbursement from the insured claimant in the.

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Injury in School Playground, Can You Sue the School?

By | October 3rd, 2013

QUESTION: My 5 year old daughter fell off the monkey bars at her school during recess and broke her arm, can I hold the school liable? My child started kindergarten on Monday, August 12th, and was playing on the school playground during recess on Wednesday, August 14th. She fell off of the monkey bars and broke her arm, and now is not able to go to school with this cast on since she is unable to use the restroom by herself, unable to write and unable to open food items.

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Gym Injury: Can I Sue the Gym?

By | October 3rd, 2013

QUESTION: I was injured at a gym under instruction due to their equipment. Should I sue? I was taking an acrobatics class and was told by the instructor to execute a flip. I landed as instructed, but the pad the instructor provided didn’t give enough cushion. I went through the pad, hit the ground, and significantly damaged the muscles in my lower lumbar. I couldn’t afford to go to the doctor at the time. The insurance company didn’t contact me for two months, they don’t seem to listen to me,.

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