Statute of Limitations on Motorcycle Accidents

If you are thinking about filing a personal injury lawsuit for your recent motorcycle accident, you may have heard that there is a statute of limitations. Since you may not know the extent of your injuries, it’s normal to wonder why there is a deadline. Here is why the statute of limitations is important and why there is one.

Protection for the Case

To wait too long to file your claim can put a dent in your ability to win. After years, there may be less evidence. If you had witnesses that saw the accident, who could back up your claim that the other driver was at fault, you may not be able to use them after waiting too long. While you may have a clear memory of what happened that day, the witnesses may not. Memories fade and change over time. You may find that there are more discrepancies in their statements. The witnesses may not even agree on the circumstances of the accident.

The more time that you wait to file your claim, the harder your case is going to be to fight. You don’t want to go through the pain of gathering evidence years after the accident occurred. The sooner that you can access police reports, witness statements and file an insurance claim, the better. Also, insurance companies may have a statute of limitations themselves. It is better for you if you file early.

Protection for the Defendant

No one wants to be served with a civil lawsuit years after an event happened. While the main point of the statute of limitations is to make sure that the evidence is still valid and that it hasn’t deteriorated, the statute does serve as a protection against defendants. For instance, if you live in South Carolina, your statute of limitations is three years. You cannot file a lawsuit against someone five years after the accident. They may not have a fair shot in arguing the case, because they didn’t think you were going to sue. It’s fair for both sides to have the statute in place.

No matter the civil lawsuit, any claim has a statute of limitations. While there are exceptions if your injuries due to the accident manifest later, for the most part, you have a deadline on when you can file. 

Does a Birth Injury Qualify for a Personal Injury Claim?

Having a baby can be one of the most beautiful events of your life, but if your child is born with an injury, it can become a devastating event in a matter of moments. Some injuries you may be prepared for, while others you may not be. Whether the injury was a birth defect, the fault of the doctor or the fault of the hospital, you may wonder if there’s a personal injury claim in there somewhere. The following gives a brief explanation.

Birth Defect or Birth Injury?

One of the biggest issues that will determine whether you have a case is if the injury is a birth defect or an actual birth injury. Birth defects are typically caused by genetics, and can also be caused by random events during development and pregnancy. The actions of the mother could also result in birth defects. For example, a mother who drank alcohol while pregnant could have a baby with serious defects.

Birth injuries, on the other hand, are typically caused by the negligence of another person or entity. They generally happen at the time of labor and delivery. A birth injury could be the result of improper use of medical tools, an improper technique for delivery, an inattentive doctor or nurse, and a wide range of other situations.

If your baby’s injury is a birth defect, you typically don’t have a personal injury claim. If the injury is a true birth injury and someone is directly responsible for it, you could have a case.

How Do You Prove Negligence?

In order for you to have a case, you’ll need to prove negligence on the part of the individual who caused the injury. While doctors, nurses and other hospital staff are just as human as you are, you trusted those individuals to care for your most precious possession: your child. To prove negligence, there are a few facts you’ll need to secure, including:

• A doctor-patient relationship existed, which means the doctor owed you and your baby a certain duty of care.
• The doctor failed to provide a level of care that any other doctor in that same situation would have provided.
• Your baby was injured because of the doctor’s failure to provide proper care.
• The injuries have caused harm to you, your baby, your financial situation, your emotional state, etc.

Getting Questions Answered

As you face life with a child who has been injured, you don’t have to deal with everything on your own. To get your legal questions answered, contact a personal injury lawyer in DC, like from The Law Firm of Frederick J. Brynn, today.

Should Amazon Be Liable for Defective Products?

Amazon remains the world’s favorite “get anything from us” service. Amazon is a place where you can get anything from the glamorous and luxurious to the useless and mundane. Since you can truly get anything from Amazon, this also means that thrown into their enormous inventory are fake products. These are subpar reproductions of the item the buyer actually wants, like luxury shoes or purses.

Some are merely phony, while others are more dangerous because they are made with materials and substances that are harmful to people. More serious cases come from electronics where items are made in this way and when used, can combust into flames, often leaving the injured scarred for life. The injured’s first reaction is to sue Amazon; after all that’s where they bought the item. Most courts have maintained that Amazon is not a “seller,” though. 

The Manufacturer Is Liable
Since Amazon didn’t manufacture the product and are only “hosting” the sale of a third party’s product on their platform, they are not liable for any defects of said product. Many defective products have come from China, where it’s pretty much impossible to successfully sue a manufacturer for a defective product. This means both the manufacturer and Amazon have been able to get off scot-free, and it’s always been that way — until now.

New Rulings on Liability
The California Court of Appeal has made a decision regarding third-party products sold through Amazon. It was ruled that “Amazon plays a pivotal role in delivering the products to the consumer, whether it acts as a retailer, distributor, or facilitator.” As stated in the ruling:

[“As a factual and legal matter, Amazon placed itself between Lenoge and Bolger in the chain of distribution of the product at issue here. Amazon accepted possession of the product from Lenoge, stored it in an Amazon warehouse, attracted Bolger to the Amazon website, provided her with a product listing for Lenoge’s product, received her payment for the product, and shipped the product in Amazon packaging to her. Amazon set the terms of its relationship with Lenoge, controlled the conditions of Lenoge’s offer for sale on Amazon, limited Lenoge’s access to Amazon’s customer information, forced Lenoge to communicate with customers through Amazon, and demanded indemnification as well as substantial fees on each purchase.”]

Ultimately, under the established principles of strict liability, Amazon is still liable for product defects even if there is no malicious intent involved in the accidents.

The plaintiff in the ruling of this case was a woman who bought a replacement battery for her laptop from Lenoge Technology HK Ltd, a Hong Kong manufacturer operating under the name “E-Life.” The battery exploded into flames on her lap resulting in severe burns. 

Contact an Attorney
If you or someone you know has been injured by a defective product, contact an attorney, like a personal injury attorney in Las Vegas, NV from Eric Roy Law Firm, to schedule a consultation to see if you have a case today.

Two Firms Can’t Share the Same Name

It was said a rose by any other name would still smell as sweet, but it’s also a fact that two different flowers that just so happen to have the same name will smell very differently. While they might be allowed to hold the same name for a certain time, eventually someone will attempt to rename one of them and some people might even be frustrated that they were allowed to hold the same name for so long in the first place.

This kind of scenario played out recently in Colorado where Gilbert Law recently lost an appeal case against Gilbert Law. In the case, casually referred to as “The tale of two Gilberts;” Christopher Gilbert claims to have owned the gilbert-law.com domain name since 2003 having practiced under the Gilbert Law Firm name in Texas. After moving to Colorado, he registered his previous branding with the state when he eventually opened his own office.

The problem was that there was already another Gilbert Law Firm owned by a James Gilbert who was not too happy about the duplicate name. Given that there were two Gilbert Law Firms, confusion between the attorneys and clients both current and potential ensued.

“I’ve worked hard to build up a reputation locally and nationally, said James. When someone starts to create confusion with people who want to use your services, you can’t allow that to happen. We’ve had at least three separate instances where consumers were confused about those similarities.”

A settlement agreement was made where both firms would avoid using the stand alone Gilbert Law  name while Christopher’s firm would put up a disclaimer discounting any affiliation with James’ firm also  putting up a link to his site to differentiate them.

James however sued Christopher again when he felt aspects of that agreement were violated given that Christopher continued to use the gilbert-law.com domain. Appealing the decision, the court ruled in the favor of James. Currently being of The Gilbert Law Group, it was originally known as James L. Gilbert and Associated when founded in 1981; then in 2011, it took on its current name.

Appeals Court Judge Steven Bernard didn’t feel that the hyphen distinguished the domain name significantly enough from Gilbert Law as it was just one punctuation away from being just that.

It was stated that, “The defendant shall have 30 days from the date of this order to change his domain name to sufficiently avoid non-compliance and to ultimately move his email and other content to the new domain.”

Other than that, James’ law group was awarded damages of $1.

If you feel that a legal agreement you’re involved with has not been honored, it may be beneficial to speak with a personal injury attorney, like from Patterson Bray about your legal options and next steps.