Assumption of Risk

 Assumption of risk is a defense in tort actions for personal injury. This defense may act as a total bar to recovery for a plaintiff. It is an affirmative defense, meaning that a defendant who asserts this must put forth evidence proving the validity of the defense. Thus, it is important for plaintiffs to understand…

Informed Consent in Personal Injury

 What is informed consent? In the personal injury context, informed consent is when physicians inform patients of the risks of procedures before engaging in any medical treatment. The point is to let the injured party make an informed decision before agreeing to any medical procedure. In theory this makes sense, but unfortunately the application gets…

Proving Fault in Auto Accidents

 In the United States if an injured person wants to receive compensatory damages resulting from an accident, they are going to have to establish who was at fault for the accident. Some accidents, like rear-end collisions, are easier to establish fault than others. Other types of accidents, like those involving hit and run accidents and…

Root Canal Dental Malpractice

 While many people think of their internists and surgeons as doctors that may be liable in medical malpractice cases, it is less considered that dentists can also be the cause of medical malpractice cases.  Yet, there are many instances where dental procedures carry a risk of permanent damage to the face.  The highest instance of…

Seat Belts and Auto Accidents

 In the United States it is the law for operators and passengers of automobiles to use seatbelts. Seatbelts have been instrumental in preventing injuries and deaths on America’s roadways. For those who have been injured in an auto accident, whether or not the injured party was wearing a seatbelt may have some bearing on the…