Hogan Injury > Blog > personal injury claim

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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School Served Your Child Something He’s Allergic To

By | September 20th, 2013

QUESTION: My son has a well known and documented milk allergy. Preschool served him milk and he suffered allergic reaction. I was told that his normal preschool teacher had to leave and did not pass on the information he cannot have milk. His eye swelled and he began to cough and develop hives, however they gave him Benadryl which eased the symptoms and did not need to give his epi pen. What are the legal ramifications of this? He could have died! They didn’t realize what happened until 45 minutes.

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Salon Burnt Your Hair, Can You Sue Them?

By | September 10th, 2013

QUESTION: I went to a hair salon to have my hair pressed and the salon artist burned out a large chunk of my hair in the back of my head. I called to talk to her about it, but all she does is apologize. Then she tells me that she can only offer me $50 a month. She also tells me sob story wherein she knows that it could happen because she recently had a stroke a few months ago and sometimes it’s hard to control her right hand. Can.

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I had a slip and fall accident at Safeway store. They determined that they are not liable and do not pay medical bills. I am unemployed and uninsured, and have incurred medical bills and treatment as a result of this incident. Do I have a case?

By | September 10th, 2013

Ordinarily the burden of proving negligence is on the plaintiff. An exception for this is the doctrine of res ipsa loquitor wherein the burden effectively shifts to defendants to absolve themselves from responsibility or to show that some other defendant or event caused the injuries provided that certain conditions are met. As a general rule, res ipsa loquitur is ill-suited to slip-and-fall cases. 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.

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Bicycle Injury When Unemployed and Uninsured

By | September 10th, 2013

QUESTION: Do I need a personal injury lawyer for bicycle crash, when I’m unemployed and uninsured? I was involved in a classic right hook from a motorist. I was riding my bicycle down the sidewalk because the road was too dangerous to ride on the street. It was going downhill with no available bike lane, during rush hour. As I was riding down, the motorist took a right turn, and signaled into the parking lot last minute. I panicked, applied my brakes which propelled me off my bike in hitting.

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Can You Sue an Establishment For Not Having a Diaper Changing Station?

By | September 10th, 2013

QUESTION: I was at the vons store and my 6wk baby needed a diaper change. I went to the restroom and they didn’t have a diaper changer. So, I put the baby on the floor and I was on my knees for 15 minutes while changing her clothes and pampers. Now my knees and back hurts. Can we open a case or not. ANSWER: A case may be opened provided that negligence on the part of the store is established. Where a negligence action is predicated on defendant’s violation of.

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Chemical Burn On Neck in a Salon: Value of Medical Expenses

By | September 5th, 2013

QUESTION: I went to get a permanent hairdo at a large salon. In the process of getting the perm, I got a severe chemical burn on my neck and I had to go to the doctor. He wrote a letter confirming the injury. I also went to about 6 therapy sessions and have been to the emergency room twice for illness that I believe were associated with the burn. Now that is almost all behind me and I am not sure how to proceed. I have not gotten a lawyer,.

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