Can an Arbitration Clause Affect Your Injury Claim?

Arbitration has long been used as a more informal method to resolve legal differences between two parties. Lately, it seems as though we’ve been hearing more about it because of lawsuits involving Lance Armstrong, the NFL, and Sirius XM, amongst others. If you’re filing a personal injury claim, be sure to know whether or not you’ll be dealing with an arbitration clause in your own case. Many contracts of employment now include arbitration clauses so that if any workers are injured on the job, the dispute can be handled in arbitration instead of going to court. Nursing home injury lawsuits and product injury lawsuits can also be affected by these clauses. In cases involving an arbitration clause, a third party will decide on a resolution which keeps the cases from going into litigation. However, the difference with arbitration is that in most cases the arbiter, a neutral third party consisting of one person or a small panel, has final say on the decision. If the judgment goes against either the plaintiff or defendant, they must abide by the decision and it cannot be appealed. This can make for a risky move in cases that could go either way. If you are filing a lawsuit that involves an arbitration clause, be sure to speak with an experienced personal injury lawyer to see how the clause will affect your case.

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Can an Arbitration Clause Affect Your Injury Claim? – Injured

Spring Break Injuries: 3 Things You Should Know

Since we’re right in the midst of Spring Break season, it’s wise to consider what’s likely to cause injuries while on vacation and, if you’re injured, how to deal with a possible lawsuit. Probably the first thing on most of our minds when we think about Spring Break is the likelihood of drinking happening at some point. Of course, whenever alcohol is involved, pretty much everything you do comes with higher risks than when everyone is sober. If you are involved in a vehicle accident where you or another driver is intoxicated, there are several different options for dealing with your case. If you are the one at fault, though, be sure to contact a DUI attorney. If you plan on going to any sports events, keep in mind that recovering for an injury at such an event can be difficult to do, especially if there’s an assumed risk of injury at the event or if the ticket that you bought for it included some sort of waiver of liability. Lastly, you might think that your safest option is to just stay at home and have your friends come over for a party. However, being at home doesn’t guarantee your safety or the safety of others. Whether there are irresponsible bartenders or the construction of your home is faulty, there’s almost always a risk when it comes to house parties. If you’re hosting the party, you’re held liable for “any alcohol-related injuries that occur, especially if the injuries are due to serving alcohol to minors.” Also, if you are at someone else’s home and are injured because of a hazard on their property, you could have a premises liability case. Whatever you choose to do this Spring Break, be sure that you stay safe and know about the risks of any activity that you might do. If you happen to be injured while on vacation, be sure to contact a personal injury lawyer to ensure that you’ll be rightly compensated for your hardships.

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Spring Break Injuries: 3 Things You Should Know – Injured

Injured in a Bus Crash? How Much Is Your Case Worth?

Although city-dwellers are more likely to use buses for transportation on a regular basis, all of us probably ride on buses more than we realize. Intercity transit, airport shuttles, bus tours – all of these activities involve riding on a bus. So, what happens if a bus that we’re on crashes and we are injured? There are almost always opportunities to recover for damages in bus crashes, but you must keep a few factors in mind while wading through the details of an injury lawsuit. Firstly, know how the law works concerning bus accidents. Buses are known as “common carriers” since they transport several people and their drivers are held to a higher standard of care than average car drivers. Also, under respondeat superior, “employers may be responsible for an employee’s acts.” In some cases, a damage cap might be in place to limit the amount of damage awards that you can receive. Additionally, defenses such as comparative and contributory negligence can determine how much you can be awarded, if anything. Next, figure out who’s to blame for your injuries. The crash could have been caused by several different parties: the bus driver, another driver, the bus manufacturer, the bus company, etc. Figure out who you need to sue; knowing this will determine how much you should be awarded. Lastly, figure out what damages you are entitled to. Punitive or compensatory damages could be available to you. If the crash involved outrageous misconduct, you should receive punitive damages. If you just need to be compensated for specific injuries or losses, you should receive compensatory damages. Obviously, the details of such a case can become very complicated. If you’ve been injured in a bus accident, be sure to speak with a personal injury lawyer to help you work through the details of your case.

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Injured in a Bus Crash? How Much Is Your Case Worth? – Injured

Ignore Male’s Sex Harassment Complaint But Investigate Female’s? His Claims Advance

A male police officer made a sexual harassment claim against a female co-worker and was completely ignored by his superiors. The following year, two female co-workers made what seemed to be false harassment claims against the same male officer and those cases were immediately investigated. The officer later filed suit in a higher court alleging discrimination and violations of his First and Fourteenth Amendment rights. The officer believed that it was unfair that others’ complaints were taken seriously and his weren’t, seemingly because of his gender. Eventually, the defendants moved for summary judgment and it was denied on all claims. Based on several details in this case, the court ultimately decided that the defendants’ argument that “the municipality could not be liable” was false and it was rejected.

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Ignore male’s sex harassment complaint but investigate female’s? His claims advance | Employment Law Daily

Ebola Nurse’s Lawsuit: 3 Lessons for Personal Injury Cases

Nina Pham, a nurse who treated an Ebola virus patient in 2014 at a Dallas-area hospital operated by Texas Health Resources (THR), is now suing THR for damages in a Texas court. Pham’s lawsuit alleges the hospital’s negligence resulted in her contracting Ebola and she wants to be compensated for the ongoing emotional and physical effects of the disease. Also, it should be noted that several other claims filed deal with fraud on the part of the hospital and the invasion of Pham’s privacy in the whole matter. Some take-aways from this case that could be of use to others filing personal injury lawsuits have to do with premises liability, standard negligence, and negligent undertaking. Under premises liability, the owners of the property have an obligation to keep the property safe. Pham claims that she was an “invitee” on THR’s property and that she was therefore “owed the highest duty of care from the hospital.” There is no way that the hospital can meet the standards that she is trying to set, so the goal is that they will be found liable for her injuries and pay for her damages. Additionally, her primary claim is employer negligence, claiming that the hospital failed to care for her and to properly train, notify, prepare, and equip all of the staff at the hospital to deal with the Ebola threat. To be successful with this claim, Pham must prove that she has suffered real injuries and that THR’s negligence caused her injuries. Under the principle of negligent undertaking, Pham claims that THR failed to use reasonable care in following through with their duties when they undertook the hospital’s policies and procedures. Although this case is not yet settled, there are already many lessons to be learned and applied to other injury cases.

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Ebola Nurse’s Lawsuit: 3 Lessons for Personal Injury Cases – Injured