Christmas Shopper Wins $3M Lawsuit for Escalator Toe Injury

Aisha Siddiqui won a jury verdict of $3 million in her personal injury lawsuit against a mall owner and escalator manufacturer after her right big toe was “crushed and shredded” during a Christmas shopping trip in Arkansas last year.

Siddiqui was riding down an escalator at the Park Plaza mall, when her boot got caught and pulled into the moving escalator. Her right big toe was caught in the escalator’s teeth, turning it into “hamburger meat,” according to her attorney, Denise Hoggard. Medical responders hoped to reattach the toe, and therefore couldn’t use pain killing medication during the agonizing and protracted rescue. In the end, the toe couldn’t be saved.

Career as a Surgeon Put at Risk
According to Hoggard, this wasn’t just a case about a big toe. It was about pain and suffering, as well as quality of life. Losing the toe has impacted the way she walks and stands, leading to daily pain in her hip and knee.Siddiqui is in medical school, and hopes to become a surgeon, which often requires long hours of standing. Now this career is in jeopardy. Hoggard estimated Siddiqui’s earnings loss ranged from $1.5 million, if jurors considered how much she would earn as a college graduate, to $5 million, if she succeeds as a surgeon. Defendants in the case, the mall owner and escalator manufacturer, had already admitted guilt as well as prior knowledge of other clothing items recently getting caught in this same escalator. They were looking to pay Siddiqui $500,000.
$15 Million Awarded in Prior Escalator Settlement
Though $3 million may seem like a high award, back in 2003, Dillard’s department store agreed to pay a Florida girl $15 million, after she lost three fingers at the age of five when her hand got caught in an escalator as she tried to free her shoe that had gotten similarly stuck. In that case, the Dillard’s manager also knew that the escalator was dangerous, but had lied to state regulators to make it appear that the escalator was being maintained.
If you or someone you love has been injured from an escalator incident, contact a local personal injury attorney. Only through legal discovery will you be able to learn if the escalator operator or manufacturer knew or should have known that the machine was dangerous. A lawyer will be able to help you get the most reimbursement possible for your medical bills, pain, suffering, and lost wages.

The post Christmas Shopper Wins $3M Lawsuit for Escalator Toe Injury  appeared first on Rutberg Breslow Personal Injury Law.

Christmas Shopper Wins $3M Lawsuit for Escalator Toe Injury 

Online Shopping May Lead to an Increase in Truck Accidents

Commercial trucks are the primary means of transporting goods from one geographic area to another. For decades, these goods were delivered to large retail locations such as grocery and discount stores, but that’s changing.

Urban areas across the country are experiencing a big increase in commercial truck traffic. The exploding popularity of e-commerce has led to a dramatic escalation in the number of deliveries made to consumers’ homes. According to a 2017 survey, 40 percent of internet users in the United States reported they shop online several times per month. With the resulting increase in truck traffic, there's an increase in accident risks.

Truck Accident Causes

Transport and delivery trucks operated by parcel delivery services such as UPS and FedEx populate America’s streets and highways. Many delivery truck accidents occur because the driver’s visibility to the sides and rear of the vehicle is often severely limited, particularly when backing up. The transportation and delivery of goods is a stressful occupation, and truck operators are under constant pressure to deliver packages on time. This can lead to aggressive and careless behaviors, including:

• Failing to stop for traffic lights or stop signs.
• Speeding or traveling too fast for prevailing traffic and road conditions.
• Failing to use turn signals.
• Distracted driving, such as looking at a smartphone, or attempting to read a delivery list or map.

Truck Collision Compensation

While many truck accidents are caused by driver behavior, the delivery company’s management policies may also be to blame. If a truck operator is poorly trained, if cargo is loaded improperly, or if a truck is inadequately maintained, the trucking company may also be held liable for the collision.

If you’ve been injured in a truck accident, you need an experienced personal injury attorney to help you receive the compensation you deserve. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Small Truck Accidents Accident Risks From Small Trucks When a Truck Reaches Its Delivery Point, It May Still Pose a Risk

 

Online Shopping May Lead to an Increase in Truck Accidents

How are damages determined in a Texas truck accident case?

Texas truck accident injury victims are entitled to a number of different types of damages, and an experienced personal injury attorney can help them receive rightful compensation.

Types of Damages

Some of the most common types of damages in truck accident cases include:

• Medical costs. Typical truck accident medical expenses include ambulance or helicopter transportation, emergency room visits, surgery costs, and physical therapy expenses. An attorney can obtain documentation for all these costs from health care providers. More severe injuries are typically given higher compensatory awards.
• Future medical costs. Injuries caused by truck accidents often require ongoing medical treatment, such as physical therapy and prescription medications. Your legal team can obtain testimony from medical experts regarding future costs stemming from the truck accident.
• Property damage. In addition to causing temporary and long-term injuries, truck accidents often lead to significant vehicle damage. A lawyer can determine the cost of repair or replacement of a damaged vehicle.
• Loss of income. When truck accident victims must miss work due to their injuries, their lost wages are also recoverable. An attorney can use pay stubs to determine the total amount of missed work resulting from these injuries.
• Loss of future income. A truck collision can significantly reduce future earnings potential when injury victims are unable to return to their regular jobs. An experienced lawyer can hire expert economists to estimate future lost wages and loss of earning capacity.
• Pain and suffering. There's no formula that can precisely quantify the value of pain and suffering stemming from a large commercial vehicle crash. However, a truck accident attorney can use his experience and research tools to estimate appropriate compensation for pain and suffering.

You Need an Attorney

If you were injured in a truck collision, you need an experienced attorney to help you receive the compensation you deserve. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Truck Accident Liability Chains Claiming Damages in Your Truck Accident Case Learn How Negligence Affects Your Case After a Texas Truck Wreck

 

How are damages determined in a Texas truck accident case?

Top 5 Legal Tips Regarding the Costs of Personal Injury Claims

Accidents and injuries happen every day. And often, people don’t seek compensation for their injuries because they are worried about the cost of an injury claim, or they think whatever they might get paid won’t be worth the time and effort. While this may be the case in some instances, it’s not always true.
So how much does it cost to bring a personal injury lawsuit, and how do you know if it will be worth it? Here’s what you need to know.
1. How Much Is Your Personal Injury Case Worth?
That’s pretty much the threshold question for most litigants, as the answer will determine how much they are willing to spend to file a claim and pursue it to trial. But that answer can vary depending on a number of issues, from the severity of the injuries to statutory limits on personal injury awards.
2. Does the Losing Party Always Have to Pay Attorney’s Fees?
An essential part of considering any reward is assessing the risk. In an ostensible attempt to limit frivolous lawsuits, some jurisdictions allow one party to seek repayment from the other after an unsuccessful lawsuit. Is this always the case in personal injury claims?
3. How to Document Your Personal Injury Expenses Before Filing a Claim
Part of determining how much your personal injury claim might be worth is documenting your injuries, costs, and expenses. That’s not always easy, and mistakes, miscalculations, and omissions can hurt your case. Here’s how to do it right.
4. Top 7 Questions (and Answers) Regarding Damages in Personal Injury Cases
If you do win your case, what then? There are different kinds of damages available in different kinds of cases, depending on the conduct of the other parties and the injuries involved. And, as noted above, some of those damages are capped by state laws.
5. 3 Ways to Get Compensation for an Injury Without Suing
Of course, you may be entitled to compensation and able to obtain it without going to court. Here’s how.
One essential element to the cost of a personal injury claims is your legal fees, and many injury lawyers will accept cases on a contingency fee basis where your cost is based on what you are (or are not) awarded in the case. To find out if your personal injury case is eligible for such an arrangement, contact a local personal injury attorney.

The post Top 5 Legal Tips Regarding the Costs of Personal Injury Claims  appeared first on Rutberg Breslow Personal Injury Law.

Top 5 Legal Tips Regarding the Costs of Personal Injury Claims 

Common Road Hazards in Texas

Road hazards are a common problem in Texas, and they sometimes result in serious vehicle accidents.

Typical Road Hazards

Some of the most common Texas road hazards include:

• Broken traffic signals. Cities sometimes fail to repair traffic lights promptly. Malfunctions can cause drivers to miss red lights, leading to a serious intersection collision.
• Potholes. Potholes are the result of improper road construction and maintenance. When water enters and weakens the soil beneath a road, traffic can wear out and break the poorly-supported asphalt. Potholes can be prevented by ensuring the road is constructed with adequate drainage structures, and preventative maintenance allows potholes to be repaired before they create a hazard. When municipalities fail to repair potholes, they put motorists, motorcycle riders, and bicyclists at risk. Motorists may lose control when swerving to avoid a pothole, and a motorcyclist or bicyclist who hits a pothole may be thrown from his bike.
• Overgrown vegetation. Trees and bushes that aren’t trimmed back present multiple road hazards. Overgrown vegetation obscures stop signs and traffic signals, causing collisions at intersections. Old, rotten trees might fall into a roadway, striking a vehicle or causing a driver to swerve off the road.
• Construction equipment. Negligent city or state work crews may create hazards while trying to repair roads. Equipment, machinery, and vehicles improperly parked on the shoulder or unexpectedly impeding the flow of traffic can cause a serious collision.

You Need an Attorney

If you’ve been injured in a vehicle collision caused by road hazards, the state of Texas, the county, or the municipality charged with road upkeep might be held liable for the harm you’ve suffered. Other motorists may also be liable for the accident if they negligently reacted, or failed to react, to the road hazard.

The potential liability of multiple parties complicates these cases, so you need an experienced vehicle accident attorney to help you receive the compensation you deserve. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

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Common Road Hazards in Texas

When to Sue for House Fire Injury or Death

Some deaths feel accidental, tragic, unavoidable. And some others feel so easily preventable. Malfunctions and accidents happen, but we hope that the systems we put in place to protect us from those inevitable dangers will work. And when they don’t, we want to hold them accountable.
So it’s understandable that a person might expect a home security system, one that promised to alert authorities in case of alarm, wouldn’t ignore two warnings and unanswered calls and “inexplicably” clear an incident, especially when that incident is a deadly house fire. But that’s what happened to Elizabeth Frost, who died of smoke inhalation and carbon monoxide poisoning after a fire in her home. So, is the home security system to blame?
ADT Failure
Frost’s family filed a wrongful death suit against ADT on behalf of her son, accusing the company of fraud, deception, and breaching the Kansas consumer protection act. According to the lawsuit, the security company was initially alerted to a problem at the home at around 1:30 a.m., receiving a first alarm for a broken glass window and a second for a failure of the home system’s main keypad. An ADT employee attempted to contact Frost and her mother, but their calls went unanswered. Instead of attempting to contact first responders, however, the employee cleared the incident around a half hour later.
City employees finally dialed 911 to report the fire around 3 a.m., about 90 minutes after the first alarm at Frost’s residence. Frost’s body was pulled from her burning home and she died later at a hospital. Topeka’s WIBW is reporting that the family’s civil suit has been dismissed, however, apparently because it did not provide sufficient facts to support the family’s claims for relief.
Failure to Act
Without more information, it’s hard to speculate why U.S. District Court Judge Julie Robinson dismissed the lawsuit. But there are a couple general legal theories that could explain it. First, there is no general requirement to lend help to someone in need, absent some special relationship or knowledge. Additionally, there is not even a legal requirement to call 911 in an emergency in most states.
And while ADT may not have had a general duty to contact authorities, it remains unclear exactly what guarantees it made to Frost or her family in its marketing materials. For the most part, liability of fire injury or death is going to be limited to the persons or people who started a fire, and not those who failed to report it.
If you or a family member has been injured in a house fire, contact an experienced local attorney.

The post When to Sue for House Fire Injury or Death  appeared first on Rutberg Breslow Personal Injury Law.

When to Sue for House Fire Injury or Death 

Chronic Pain After a Vehicle Collision

Many vehicle accidents result in a diagnosis of chronic pain syndrome. The term chronic pain generally refers to localized pain in a particular area of the body, such as the back, shoulders, or neck, for an extended period of time.

While a vehicle collision can happen in a matter of seconds, the chronic pain it may cause has the potential to last a lifetime.

 Symptoms of Chronic Pain

Chronic pain can be defined as pain that lasts for more than six months. Most vehicle accident injuries resulting in chronic pain are caused by trauma to the nervous system. The pain may be mild or severe, and it might be constant, or only occasional. It can limit a victim’s ability to move, leading to a dramatic reduction in strength, flexibility, and stamina.

Chronic pain can be so debilitating that injury victims are no longer able to work. Typical symptoms of chronic pain include burning, shooting, or aching pain combined with sensations of stiffness, soreness, and discomfort. This condition often results in an increased desire for sleep, a weakened immune system, depression or anxiety, and a withdrawal from daily activities.

Chronic Pain Damages

Chronic pain damages are awarded based on their anticipated future impact on the victim’s life. In addition to anticipated medical expenses, undefined damages may be awarded for the physical pain, mental anguish, and emotional suffering that can last a lifetime.

Insurance companies frequently argue that chronic pain compensation isn’t warranted, but a skilled attorney can overcome these objections.

Claims for Chronic Pain and Suffering

If you’re suffering from chronic pain caused by a vehicle accident, your attorney can use medical evidence to estimate how long the condition is likely to continue, the medical expenses associated with it, and the lost wages incurred as a result. Your lawyer may also solicit expert testimony from health care providers to prove that your accident caused these chronic injuries, determine the need for future medical care, and predict likely future physical or mental limitations.

To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

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Chronic Pain After a Vehicle Collision