Personal Injury & Auto Accident Info

Indiana Personal Injury Attorney now Superior Court Judge in Vioxx Case

Former Indian Personal Injury Attorney, now superior court judge will oversea many Vioxx lawsuits.

When the pharmaceutical company pulled painkiller Vioxx off the market Sept. 30 -- after a study linked it to heart attacks and strokes -- lawsuits against the drug maker were already under way across the country. More are being filed every week.

A mass tort case based in state court in Atlantic City involves nearly 300 lawsuits, and lawyers predict the number could ultimately reach in the thousands. Merck could end up paying out billions of dollars in judgments and settlements.

At the forefront is likely to be New Jersey, where some of the first cases could go to trial.

By last May, the number of cases reached 30, leading state Supreme Court officials in New Jersey to designate the Vioxx litigation, including all future lawsuits, as a mass tort -- all 300 cases so far in New Jersey landed before Superior Court Judge Carol Higbee in Atlantic County.

Higbee, 54, is a former indiana personal injury attorney who handled medical malpractice suits during the course of her 17-year career at an Atlantic City law firm. She declined to comment for this story.

A native of Indiana, Higbee graduated from Temple University, where she also earned her law degree and became one of the first female lawyers in Atlantic City.

Sunday, December 19, 2004
Star-Ledger Staff

Indiana Personal Injury Attorney

If you have been injured, it may be that you are entitled to compensation. Injuries can occur from the negligence of others, including automobile accidents, the negligence of a doctor or other medical professional, a defective product and from other types of injuries.

It is important that if you have been injured and suspect that it was from the negligence of another that you contact an Indiana Personal Injury Attorney for a free case evaluation. The lawyers will analyze your case and advise whether you are entitled to compensation.

Auto Accident Attorneys - Settlement

An auto accident settlement awards damages to the victim of an auto accident caused by another party. Auto accident settlements can provide a victim restitution for medical expenses, loss of income or earning potential as a result of injury, disability, or even death, property damage and pain and suffering.

An auto accident settlement is often handled through the relevant parties' insurance companies. Many times a defendant's auto insurance adjusters will try to award the minimum auto accident settlement to an accident victim. Seeking the advice and counsel of a professional auto accident attorney can help to ensure that a victim is adequately compensated for their injuries in an auto accident settlement.

Every year in the United States there are approximately five million auto accidents. Two million people are injured and 20,000 people are killed each year in these auto accidents. Automobile accidents are the leading cause of death for people under the age of thirty four. Auto accident settlement cases comprise the majority of personal injury settlements that are awarded each year.

When an automobile accident first occurs it is important that you do not say anything that may negatively affect the outcome of a future auto accident settlement. Even if you are not at fault in the auto accident, things that you say following an accident can be construed as an admission of guilt or liability. Collecting all pertinent information about the accident, the involved parties, the witnesses, and the conditions surrounding the accident are vital to determining liability and damages in an auto accident settlement.

Once you have been injured or suffered damages in an auto accident, your claim is turned over to your insurance company and/or the other party's insurance company. They will evaluate a number of factors involved in the accident to determine what type of auto accident settlement they will offer. Insurance companies will appraise liability, medical expenses, wage loss, property damage (including towing expenses, auto repairs, lost or destroyed personal items, and rental car costs), and physical injuries when determining the monetary award in an auto accident settlement.

If you suffer personal bodily injury from an auto accident, the help of a professional auto accident attorney can help you to manage subsequent proceedings in an auto accident claim. Qualified and experienced attorneys can also help protect and maximize a victim's legal interests in a case to ensure that they are adequately compensated for their damages.

If an auto accident settlement can not be reached through the insurance process, or if there are extenuating circumstances which make an auto accident lawsuit the appropriate means to secure an auto accident settlement, the help an attorney can prove even more essential. This legal professional has intimate knowledge regarding the laws applicable in a victim's case that will best secure them the auto accident settlement they are rightfully entitled to.

Auto Accident Attorney

Auto accident lawyers have the knowledge and experience necessary to seek damages an accident victim is entitled to. Laws differ from state to state but it is always advised to contact your auto accident lawyers as soon as possible. Statute of limitations varies depending on where the auto accident occurred, so the longer a person waits to seek damages, the greater chance of losing part, or all, of the award there is.

An auto accident lawyer will make sure a proper and thorough investigation is performed. Even in the event that you think you may be partially or completely liable for the accident, it is still advised to contact your auto accident lawyer. Legal advice and options can be decided up on and damages can still be recovered if other parties are also partially at fault for the auto accident.

Auto accidents involve insurance matters, as well as state laws and any misstep in the process after the accident can end up being very costly. Seemingly minor statements or documents can end up having grave, long-range consequences that auto accident lawyers can help prevent. The only information that should be exchanged following an auto accident is basic name, address, car models, licenses and license plates, and notes about the chain of events while they are fresh in memory.

Auto Accident Attorneys - Losses Escalating

According to a new study by the Insurance Research Council (IRC), losses in auto injury claims are increasing. The study based on more than 70,000 auto injury claims appears surprising since the rate of serious auto injuries has decreased, however the escalating medical costs are what is attributed to the increases.

Based on the IRC study, in the past five years the amount auto injury claimants report for expenses due to their injuries is almost double the annualized growth in medical inflation and almost three times higher than increases in general inflation. These figures were especially pertinent among personal injury protection and medical payments first-party claimants.

The two main patterns identified by the IRC study based off the five year period from 1997 to 2002 included, injury patterns remained consistent though the seriousness of auto injuries declined and that even with declines in the overall seriousness of injuries, there were increases in the use of some medical professionals and costs associated to their use.

Automakers lobbying for limits on lawsuits

Automakers are now stepping up their efforts to enact legal reforms that would drastically change the way auto litigation is handled. Fueled by President Bush's re-election and a more Republican Congress, Detroit auto manufacturers, alongside the U.S. Chamber of Commerce, the National Association of Manufacturers and other business groups have banded together to try to reform the legal system and limit liability.

While automakers and other business groups say they need to defend themselves against “frivolous lawsuits,” there is a “broad coalition of labor, environmental, civil rights and consumer groups that are vehemently opposed to this bill,” according to Joanne Doroshow, executive director of the Center for Justice and Democracy – a member supported consumer group based in New York.

Consumer groups are getting prepared for a major battle. The bills are backed by the president and GOP leaders, which are part of a broad political effort to reward businesses, according to Joan Claybrook, the president of a Washington watchdog group. Ford Motor Co. Chief Executive William Clay Ford Jr. cited legal reforms near the top of the company's legislative priorities at a speech to the U.S. Chamber of Commerce in Washington last month.

Doroshow believes, “companies who commit wrongdoing should be forced to defend their actions in court,” while Claybrook believes “the courts are the third branch of government, and everybody should have access to them.” Last year, businesses pushed for legislation that would place limits on class action lawsuits, which would have required larger lawsuits to be tried in federal courts instead of state courts.

Supporters claim the class action legislation would streamline the process, but Doroshow said civil cases have historically been handled on the state level and pushing them to the federal courts would result in thrown out cases because of the increase in additional workload that would overwhelm the federal system.

Auto Accident - Attorneys

Auto accidents are the leading cause of death for Americans under the age of thirty-four. Annually, auto accidents are responsible for over 400,000 deaths. At an average rate of 115 fatalities per day, auto accidents cost a staggering 150 billion dollars yearly. You are likely to be involved in at least one auto accident in your lifetime.

If you are involved in an auto accident, call the police immediately-even if no one was injured-and file an accident report. Auto accident reports for insurance purposes to determine fault, so verify that the report is thorough. The auto accident report should include interviews with all involved parties and any witnesses. Photographs and/or diagrams of auto accident scenes are often supplied by the police as well. You can also take pictures of the auto accident, and gather as much information as possible. Get the names and phone numbers of all auto accident witnesses, as well as anyone involved in the accident itself.

Common auto accident injuries include whiplash, head and brain injury, paralysis, and joint, bone, and muscle injuries. Auto accident victims should seek medical attention as soon as possible if they believe they are injured. Auto accident claims for damages resulting from injuries usually depend on medical records linking the auto accident to the injuries received-the more time elapses between the auto accident and the treatment, the more difficult it is to prove a connection.

Generally speaking, auto accidents are handled through each party's insurance party and things are settled quickly. In some cases, auto accidents resulting in personal injury or extensive property loss lead to lawsuits. Damages sought after auto accidents can include cost of medical treatment, loss of property, and loss of wages. If you have been in an auto accident, and need legal advice or assistance, it is best to contact an attorney familiar with auto accident laws.

Dodge Recalling 600k Durangos and Dakotas

Automaker to Replace Ball Joints

DaimlerChrysler's Chrysler Group will recall about 600,000 model year 2000-2003.5 Dodge Durango 4x4 SUVs and Dodge Dakota pickup trucks to replace front suspension upper ball joints.

In addition, the automaker will extend the warranty on an additional 400,000 model year 2000-2003.5 Durango and Dakota 4x2 vehicles to 10 years or 100,000 miles on the suspension upper ball joints.

Repairs will be made at no cost. If you have already paid for the repair, you will be will be reimbursed by the automaker.

What Could Happen?

The front suspension upper ball joints on some vehicles may be prone to corrosion and progressive wear. If the condition is ignored, it could lead to front end noise, tire wear, and even separation of the front suspension.

To date, the automaker says there have been no substantiated reports of injuries associated with this condition on these vehicles.

Owners will be notified by letter beginning in December, 2004.

Source: DaimlerChrysler

GM Cleared in Texas Personal Injury Lawsuit

AUTO INDUSTRY REPORT: Jury clears GM in rollover

December 8, 2004

A Texas jury cleared General Motors Corp. of responsibility for injuries to a 34-year-old man who was left quadriplegic when his 2003 Chevrolet Tahoe sport-utility vehicle rolled over.

Accident victim Alan Kohutek argued at a trial of his personal-injury lawsuit against GM that the Tahoe is prone to rolling over during evasive driving maneuvers and that the roof doesn't protect occupants during a rollover.

Kohutek was injured in June 2003 when his Tahoe flipped over after he swerved to avoid an object that had fallen from a trailer in front of him. The jury in San Antonio said Tuesday there were no defects in the Tahoe and awarded no damages. GM said the roof of the Tahoe exceeds federal requirements for roof strength.

"Nothing about this vehicle caused this crash," company spokeswoman Brenda Rios said in an e-mailed statement after the verdict. "Kohutek's injuries were caused by the severe accident forces and not any defect in the vehicle."

Kohutek's attorneys said they haven't decided whether to appeal. Kohutek sought about $5 million for past and future medical and care costs, attorney Mikal Watts said.

Lawmakers push limits to personal injury lawsuits

Highlights of a deal reached by House and Senate leaders Wednesday to pass legislation placing limits on personal injury lawsuits:

Caps pain-and-suffering awards at $500,000 for less severe injuries. For the most severe injuries, such as losing a limb, gives judges more ability to review and lower the award if it's deemed too high.

The bill removed a $1 million cap for the most severe injuries sought by the Senate and does not allow judges to raise an award deemed too low.

Removes a Senate proposal that would have based attorney fees on the amount of damage awards their clients received.

Removes a House proposal that would have prevented insurance companies from requiring injured accident victims to repay the companies money they receive from financial settlements, regardless of whether the settlements cover all of a victim's expenses. The proposal followed an Ohio Supreme Court decision in September in favor of insurance companies. Instead, the bill creates a committee to study the problem.

Limits awards meant to punish a company to twice the amount of a combination of pain-and-suffering awards and lost wages and medical expenses. In the case of small businesses of up to 500 employees, limits punitive damages to no more than $350,000. The bill does not place limits on awards for lost wages or medical expenses.

Places a ten-year limit on filing most personal injury and wrongful death lawsuits. Allows exceptions if a manufacturer's warranty guaranteed a product's safety for longer than ten years, and if the claims involve hazardous chemicals or drugs.

Limits the amount of money car crash victims can collect if they weren't wearing a seat-belt. Current law doesn't allow juries to consider the failure to wear a seat-belt as a defense in auto accident lawsuits.

Attempts to further limit frivolous lawsuits by expanding the definition of such lawsuits, including filing complaints based on unsupported allegations.

Source: Legislative Service Commission, House Republicans.