An examination at the emergency room will rule out any potentially life-threatening injuries, and it will provide you with guidelines for your future doctor visits. After several months of treatment, Enrique was improving, but he was still having pain in his back. We were happy, we earned some money, and they got to deal with the serious issues of life without burdening our minds with things we couldn’t control. While you want to be accurate, you do not want to give the insurance company an unnecessary reason to question or deny your payments.Read More
American Samoa Product liability Claim
The law constituting product liability determines the people responsible for damaged or defective products that are made available in the market. For instance, a product manufacturer or provider can be held accountable for putting a damaged or defective product in the stream of commerce. Moreover, all the parties that make up the line of distribution can be held accountable for product liability. The product liability law states that products are required to meet reasonable expectations of the consumers. The product does not meet those requirements if it is shown to have some form of damage or defect that violates those expectations.
Additionally, there is the legal principle of “res ipsa loquitur”. In Latin it translates to “the thing speaks for itself”. According to this principle, it is given that the defect in the product would not be possible if it weren’t for someone’s negligence. The person claiming product liability is not required to prove the negligence on the part of the manufacturer as long as he or she is able to successfully use this legal doctrine.
The various types of product defects: The person making a claim regarding product liability is expected to show that the defective product caused them some form of injury. In addition, the defective product must be dangerous beyond reason. Any theory of liability constitutes these two essential components. Below are mentioned three such legal theories that allows users to claim product liability.
- Defects in design: This theory states that a flaw in the product design is essentially unsafe to use or even manufacture.
- Defects in manufacturing: The theory is applicable to the flaws that come about while manufacturing or assembling the product.
- Lack of warning: This theory states that products that do not contain reasonably sufficient warning labels are deemed flawed.
But instances arise when some products are considered unsafe beyond measure and cannot be made any safer than they already are. In such instances, it is required on the part of the suppliers as well as the manufacturers to provide explicit warnings to the consumers about the dangers of the product’s use.
When do I need an attorney?
Claiming product liability can be a complicated matter. A lot of legal expertise is required if you want to claim product liability for defective and damaged products. A legal expert like a personal injury lawyer can help you understand the issues surrounding a product liability claim. You are required to consult the expertise of defective products attorney before filing a claim to thoroughly understand the case better.
Recent legal blog posts
You should include a description of your pain, as well as any activities that have been limited or otherwise affected by your injuries. We have now covered all aspects of the personal injury claims process, from optimizing your insurance coverage all the way through the end of trial. Tell me how you overcame your injuries. Even if you are partially at fault for causing the accident, you can still make a recovery; however, any damages you recover will be reduced by your percentage of fault.Read More
If it is based upon an appraiser’s report, ask for a copy of the report. For example, if the jury finds bad faith, you will recover 50% of the DV amount in penalties, or $5,000. This could indicate a nerve-root compression by a intervertebral disk. If you have MPC, then we suggest you use it wisely. As a result of those appearance, I receive countless e-mails from people regarding their potential claims.Read More
As wehave previously addressed, so many different factors can affect the value of your claim. arbitration: in this system, both parties agree to present their cases to an arbitrator (or a panel of arbitrators). The insurance company will usually condition the settlement of the claim on the premise that the Plaintiff will satisfy all third party liens and agree to indemnify the insurance company for any claims around these liens. But what do you do when the insurer only offers you $15,000 and says “take it or leave it”? Cooper and his producer, Kathleen Johnston, investigated for 18 months how insurance companies were handling these “fender bender” claims.Read More
Top Lawyers Pick
- Robert L. "Bobby"" Coleman"
- Allison B. Lane
- John R. Wrona
- Franklin R. Strokoff
- Robert H. Wolff
- Barry A. Washor
- James R. Gallagher
- Andrew P. Baratta
- I.Donald Weissman
- Susan Neal Williams
- Timothy J. Fennell
- Dustin T. Brown
Robert L. "Bobby"" Coleman"
Robert L. Bobby Coleman is a partner at Reid, Burge, Prevallet & Coleman, located in Blytheville, Arkansas. A highly regarded civil trial attorney, he provides representation to people and businesses throughout the Mississippi County area. A large portion of Mr. Colemans practice encompasses personal injury and wrongful death litigation, in which he assists clients who have incurred economic and noneconomic losses due to the negligence or recklessness of other persons or entities. The types of cases that he has been involved in in this regard have arisen out of incidents involving truck and other motor vehicle crashes, premises liability, defective products and medical malpractice.Mr. Coleman also has experience in general civil litigation including breach of contracts and other commercial disputes, and he has provided representation to defendants as well as plaintiffs in these types of lawsuits. In addition, he has assisted clients in a variety of family law matters stemming from the end of a marriage, including child custody and visitation, the division of complex assets and debts, and alimony and child support. Mr. Coleman also provides advice to business owners regarding the preparation and review of contracts. His successful track record in all of these endeavors has led to his receipt of an AV Preeminent peer review rating through Martindale-Hubbell and a 10.0 Superb peer review rating through Avvo. In addition, Mr. Coleman has been named to The National Trial Lawyers: Top 100.Mr. Coleman majored in political science at the University of Arkansas and received a Bachelor of Arts in 1977. Remaining in Fayetteville, he pursued his legal education at the University of Arkansas School of Law and was awarded his Juris Doctor in 1980. Admitted to practice in Arkansas, Mr. Coleman is admitted to practice before the U.S. District Court for the Eastern District of Arkansas and the Supreme Court of the United States.AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.
417 North Broadway, PO Box 107,, Blytheville AR 72316
Allison B. Lane
Allison B. Lane was born and raised in Silver Spring, Maryland. She is a double Gator, graduating with Honors, with a degree in Psychology and Criminology and a Juris Doctor from the University of Florida.While in law school, Allison interned and tried cases for the State Attorneys Office in the Felony Domestic Violence unit. Immediately out of law school, she began her legal career working with two personal injury law firms in Palm Beach County, and recently opened her own law firm. Allison has tried multple cases, achieving a verdict in excess of $1 million. Lane & Ducheine handles all types of personal injury, wrongful death, premises liability, products liability, medical malpractice, and automobile accident cases.As an active member of her community, Allison is a leader of the Boca Raton Junior League and is on the Executive Board of the Boca Raton Historical Society. She is a 2016 Woman of Distinction Nominee for the March of Dimes. She also volunteers with Florence Fuller and the George Snow Scholarship Fund in Boca Raton.Allison is a Past-President of the Palm Beach County chapter of the Florida Association for Women Laywers. She was active with the Diversity Committee of the Palm Beach County Bar Association, and is a member of the American Bar Association, Florida Justice Association, and Palm Beach County Justice Association.
John R. Wrona
John R. Wrona represents plaintiffs in wrongful death and catastrophic injury cases. He obtained a $5.4 million verdict in a medical malpractice case for the family of a 55-year-old woman who died from a side effect of a cancer drug in February 2011. Combining enthusiastic representation with thorough preparation, he has achieved over $34 million in verdicts and settlements for his clients over the course of his 16-year career. John heads the plaintiffs department at GKWW and focuses his practice on medical malpractice, construction negligence, product liability, nursing home neglect, and transportation negligence cases. He is an adjunct professor of trial advocacy at Northwestern School of Law.
Franklin R. Strokoff
One of the most frightening aspects of suffering a personal injury is the uncertainty of the future. As an attorney at The Rothenberg Law Firm LLP, Franklin R. Strokoff puts clients minds at ease by counseling them through every phase of the claims process. This hands-on approach is the reason he has been successful in representing people in New Jersey, Pennsylvania and New York.Among his achievements, Mr. Strokoff advocated on behalf of a client who suffered a cervical spine injury, torn labrum and torn rotator cuff in a car accident. He secured a $1.75 million jury verdict. In another case, a client in a slip-and-fall incident received more than $500,000 in a jury verdict due to a herniated disc and resulting treatment.These outcomes represent a piece of the impressive track career Mr. Strokoff has had. He has been listed in the National Association of Distinguished Counsels Nations Top One Percent; he holds an Avvo Superbrating; he has been listed in the American Society of Legal Advocates Top 40 Lawyers Under 40; and he has been listed in The National Trial Lawyers: Top 40 under 40.In 2003, Mr. Strokoff graduated with a Bachelor of Arts from Albright College, going on to earn a Juris Doctor from the Delaware Law School- Widener University in 2006.As a former insurance defense attorney, Mr. Strokoff gained insight into how these companies attempt to deflect claims. He is a certified arbitrator, helping people reach resolutions using alternative dispute resolution methods.Active in the legal community, Mr. Strokoff is a member of the Philadelphia Bar Association, the American Bar Association, the Pennsylvania Bar Association, the Pennsylvania Association for Justice, the Philadelphia Trial Lawyers Association, the American Association for Justice and the New Jersey Association for Justice.
Robert H. Wolff
Robert H. Wolff is a partner at Rosenberg, Minc, Falkoff & Wolff, LLP. From the firms office in New York City, he focuses his practice exclusively on personal injury and wrongful death litigation, providing representation to area residents who have been harmed by the negligence of other parties. Mr. Wolff has spent his career advocating for the rights of others, and as a certified elder law attorney through the National Elder Law Foundation, he has a particular interest in protecting older residents of the area. Admitted to practice in New York and New Jersey, he is also admitted to practice before the U.S. District Courts for the Southern and Eastern Districts of New York, the U.S. District Court for the District of New Jersey, and the U.S. Court of Appeals for the 2nd Circuit.A large portion of Mr. Wolffs practice involves medical malpractice litigation, and he has handled cases arising out of birth injuries, misdiagnoses and surgical errors. His personal injury experience has also encompassed motor vehicle crashes, construction site accidents and premises liability. During his career as a plaintiffs attorney, Mr. Wolff has obtained millions of dollars in recoveries for his clients, through both negotiated settlements and jury awards. His colleagues have taken note of his successful track record, as evidenced by his receipt of an Excellent peer review rating through Avvo.A native of New York, Mr. Wolff attended the University at Albany as an undergraduate and received a Bachelor of Arts cum laude in psychology and American history in 1978. His legal education was obtained at St. Johns University School of Law, and he was awarded his Juris Doctor in 1981. A member of several professional groups, he is the former chair of the board of directors of the Bronx County Bar Association.
Barry A. Washor
Barry A. Washor is a partner at Queller, Fisher, Washor, Fuchs & Kool, LLP, located in New York, New York. Focusing his practice exclusively on personal injury litigation, he provides representation to residents of both New York and New Jersey who have been harmed by the negligence of others in matters involving medical malpractice, motor vehicle accidents, premises liability, police brutality, construction accidents, and train collisions and derailments. Mr. Washor also assists clients who are seeking workers compensation benefits after being injured on the job or contracting an occupational disease.A 1978 recipient of a Bachelor of Arts from Brooklyn College, Mr. Washor pursued his legal education at New York Law School and was awarded his Juris Doctor in 1981. Upon graduation, he joined an insurance defense firm and spent seven years representing health care practitioners and facilities that had been sued for medical malpractice. The experience he gained has allowed him to anticipate some of the strategies that defense counsel will use in his current plaintiffs practice.Since becoming a plaintiffs attorney in 1988, Mr. Washor has been able to secure numerous large settlements and jury awards on behalf of his clients. Some of the representative successes include a $13.2 million verdict for the family of a woman who died as a result of medical malpractice and a $10.5 settlement for a worker who was partially paralyzed in a construction accident. As a result of these and other recoveries, Mr. Washor is a lifetime member of both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. His accomplishments have not gone unnoticed by his fellow professionals, as attested to by his receipt of an AV Preeminent peer-review rating through Martindale-Hubbell and a 10.0 Superb peer-review rating through Avvo.AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.
233 Broadway, Suite 1800,, New York NY 10279
James R. Gallagher
JAMES R. GALLAGHER is a partner in the law firm of Gallagher, Gams, Tallan, Barnes & Littrell, L.L.P.. Jim has been peer review rated AV - preeminent by Martindale Hubbell for over 25 years. He maintains a statewide practice involving insurance coverage, bad faith, auto accident, bodily injury, wrongful death, commercial litigation and punitive damage claims. He has represented clients as lead counsel in over 100 jury trials throughout Ohio in both state and federal courts. He has also represented clients in over 150 state and federal appellate cases, including 25 cases decided by the Ohio Supreme Court. Jim is a past President of two state bar organizations, the Ohio Chapter of the American Board of Trial Advocates (ABOTA) and the Ohio Association of Civil Trial Attorneys (OACTA). He also served on the Board of Directors for OACTA and was Chair of the Insurance Coverage Committee for OACTA for eight years. He has presented over 40 seminars on these issues for the Ohio Association of Civil Trial Attorneys, the American Board of Trial Advocates, the Ohio State Bar Association, the National Business Institute and others.
Andrew P. Baratta
Insurance companies exist to make a profit and they have always managed to do so even in the midst of terrible economic crises. Insurance companies insure their profit by doing everything possible to avoid paying claims, be they for injuries suffered in a car crash, injuries suffered at the hands of a negligent doctor, or damage to a home or business. Insurance companies will not only deny claims without basis, they will attack those who help people make claims, like doctors and lawyers. Andrew Baratta represents people and businesses who have been treated unfairly or attacked by insurance companies looking to make more money. Andrew Baratta refuses to let insurance companies reap obscene profits by hurting those they are obligated by law and contract to protect.
Attorney I.Donald Weissman is a founding partner and principal at Weissman Law Firm in Tarzana, California. Mr. Weissman has more than four decades of experience in the areas of business and personal injury law. He represents plaintiffs throughout Los Angeles County who have been the victims of crimes such as assault and battery or who have sustained other personal injuries.Mr. Weissman graduated from California State University, Northridge, with a bachelors degree in history and earned a law degree from Loyola University, School of Law School, Los Angeles.He is licensed in the state of California, in federal courts in Florida, Nevada, New York and Texas, and before the U.S. Court of Appeals for the 9th Circuit and the U.S. Court of Federal Claims. Throughout his career, he has handled cases involving business and insurance matters, malicious prosecution, negligence, product liability and other personal injuries. He has been admitted to practice law since 1975.Along with running his law practice, Mr. Weissman belongs to numerous professional organizations at both local and national levels. Some of these organizations include the Los Angeles County Bar Association, the San Fernando Valley Bar Association and The State Bar of California.Active in his local community, Mr. Weissman is involved with organizations, including the Boys & Girls Club of the West Valley, the West Valley Warner Center Chamber of Commerce, the board of directors of the Stroke Association of Southern California and is a memebr of Metro San Fernando Valley Service Council (former Council Chair).He has been voted the Best Attorney by the Readers Choice poll of theDaily News, two years in a row.
Susan Neal Williams
Susan Neal Williams is an attorney with Morgan & Morgan, and she is based out of the firms Nashville, Tennessee, law office. A fourth-generation lawyer, Ms. Williams strives to carry on the tradition established by her great-grandfather, grandfather, father and brother of delivering the highest level of advocacy and support possible to those in need.Serving clients throughout the greater Nashville metro region and surrounding areas, Ms. Williams focuses her practice on personal injury and wrongful death claims arising from car accidents, slip-and-fall accidents, dangerous property conditions and other preventable tragedies. Throughout the course of her career, she has secured numerous substantial settlements and awards for her plaintiff clients, including a recent verdict of more than $70,000 for the victims of a car accident.Drawing upon the lessons she learned from her father and other family member attorneys, Ms. Williams delivers a compassionate ear to those she serves while working to devise creative strategies to help them secure the maximum amount of compensation possible. Highly passionate about her profession, she aggressively pursues the most favorable outcomes for her plaintiff clients, both inside and outside the courtroom, and she finds great reward in being able to assist and support so many during a very difficult and uncertain time in their lives.A 2008 honors graduate of Samford University, Ms. Williams attended Wake Forest University School of Law in Winston-Salem, North Carolina, where she obtained her Juris Doctor in 2011. While in law school, she was board member of the moot court, and she completed an internship with one of the most prominent law firms in Winston-Salem.Highly active in her legal community, Ms. Williams currently serves as director of the Tennessee Lawyers Association for Women, and she is a member of the Tennessee Bar Association, the Nashville Bar Association and the Tennessee Trial Lawyers Association. She has also served on the Nashville Bar Foundations Steering Committee since 2016.
810 Broadway, Suite 105,, Nashville TN 37203
Timothy J. Fennell
Suffering a personal injury may be one of the most devastating experiences someone may ever go through. Physical well-being, finances and even relationships are put at risk in these matters. As managing partner of Amdursky, Pelky, Fennell and Wallen, P.C. Timothy J. Fennell has seen time and again the toll that these incidents have on people. He represents people throughout central New York in these cases as well as matters involving workers compensation, Social Security Disability Insurance and other civil litigation.With an Avvo Excellentrating, Mr. Fennell is known for his compassionate service. He is attentive and makes himself available to clients as much as possible. Past clients remark on how quickly he responded to their concerns and the time he took to explain each step of the legal process.Perhaps most importantly, Mr. Fennell is a results-oriented attorney. He has the ability to account for every loss someone has suffered and to hold negligent parties responsible for those damages. As such, he has helped countless people recover compensation and head down the path to recovery.Mr. Fennell earned a Bachelor of Arts in 1980 from Le Moyne College and a Juris Doctor in 1983 from the Albany Law School.Having decades of experience means Mr. Fennell knows how to navigate any legal setting. He is also a member of the American Bar Association and the New York State Bar Association, which gives him access to invaluable tools and resources.Outside his practice, Mr. Fennell enjoys playing in an adult baseball league and officiating high school basketball. He is also on the faculty for the New York State Bar Associations Young Lawyers Trial Academy.
Dustin T. Brown
Dustin T. Brown focuses his practice primarily on personal injury and wrongful death litigation, providing representation to clients throughout the area who have suffered personal and financial losses due to wrongful conduct of others. The cases that Mr. Brown has handled have arisen out of incidents involving truck and other motor vehicle accidents, bicycle accidents, and defective consumer products. He has obtained sizable settlements and jury verdicts on behalf of his clients.In addition, Mr. Brown has experience in bad faith and other insurance coverage litigation, business disputes and consumer class actions. His excellent track record in all of these areas as well as his high degree of ethics have not gone unnoticed by his fellow attorneys, as evidenced by his receipt of an AV Preeminent peer review rating through Martindale-Hubbell and a 10.0 Superb peer review rating through Avvo. Dustin is admitted to practice in all Georgia and Alabama state courts, and he is admitted to practice in federal court in the Middle and Northern Districts of Georgia, the Northern and Middle Districts of Alabama, and the U.S. Court of Appeals for the 11th Circuit.Majoring in accounting, Mr. Brown attended the University of Georgia as an undergraduate and received a Bachelor of Business Administration in 1999. Remaining in Athens, he pursued his legal education at the University of Georgia School of Law and was a member of the Georgia Law Review before being awarded his Juris Doctor summa cum laude in 2002. Upon graduation, Mr. Brown was inducted into the Order of the Coif.AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.