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Articles Posted in Personal Injury

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Are “Possible Causes” of an injury admissible?

Any attorney who has ever litigated a personal injury claim has heard the legal standards “reasonable degree of medical certainty” or “reasonable degree of medical probability.” Further, attorneys understand and appreciate that the plaintiff has the burden of proving that the claimed injuries were caused by the underlying events in…

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Fires and Burn Injuries

Fires are a leading cause of burn injuries, death and property damage in the United States and in the world. According to the World Health Organization, some 265,000 people die worldwide due to fire-related incidents. Lower-income areas are more prone to fire accidents, injuries and deaths than higher-income demographics. In…

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The Admissibility of “Absence” Evidence

Evidence is the foundation of any successful lawsuit – a single piece of evidence can make or break an entire case. Not all evidence, however, can be presented to the jury. There are strict rules that the courts use to determine whether a specific piece of evidence will be admitted.…

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Can you be liable for texting the driver of a vehicle?

Everyone has seen the advertising campaigns geared against texting and driving. Moreover, numerous states have enacted legislation which makes it illegal to text on your phone while you drive. While those ads and laws have certainly helped curb distracted driving on our roads, is their focus too limited? Should we…

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$500 Million Pinnacle Hip Verdict

After hearing thirty-seven days of trial testimony and deliberating for four days, a Texas jury determined that Johnson & Johnson was liable for defectively designing their metal-on-metal hip implants. The lawsuit alleged that Johnson & Johnson aggressively marketed their Pinnacle metal-on-metal hip implants for use by younger, more active patients…

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Johnson & Johnson Hit with Fourth Million Dollar Verdict on Risperdal Failure to Warn Claims

Johnson & Johnson has faced several lawsuits over the past year alleging that Johnson & Johnson knew there was a link between their antipsychotic drug, Risperdal, and abnormal breast growth. Risperdal is a very powerful antipsychotic drug that Johnson & Johnson peddled to pediatric doctors for use by children even…

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Zofran: Birth Defects Caused by Anti-Nausea Drug?

In the past month, at least three new lawsuits have been filed over birth defects parents allege were caused by Zofran, the popular anti-nausea medication prescribed for off-label use during pregnancy by mothers.  This case, filed in California Superior Court on March 30, 2015, follows two others: one filed in…

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Fires, A Real Societal and Dangerous Problem!

On average, Alabama typically experiences over 100 deaths per year associated with fires. Nationally, the average number of deaths per year from fires is around 4,000.  This means that someone is dying from a fire every 3 hours, approximately.  Approximately 75% of all annual deaths from fires involve a residential…

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Post Concussive Syndrome, A Real Problem!

Can a concussion from playing football really alter my life forever? It is a question that is being asked much more frequently these days, especially when football season rolls around each fall.  When your son first approaches you as a child and asks about playing football, the knee jerk response…

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