Frequently Asked Questions
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What are the different types of mass tort actions?
- Consumer Product Claims: If there were multiple victims killed or injured by a defective or dangerous product, a mass tort action may be filed. Some of the more common types of mass tort actions include contaminated foods, household products, toys, and vehicle parts.
- Environmental Claims: There have been many cases of companies doing things that have consequences to the environment and the people who live in that area. These types of claims often involve victims who suffer long term damages, such as factory emissions, groundwater contamination, and oil spills.
- Medical Device and Pharmaceutical Claims: Although there is a regulatory process these products must go through before they are made available to consumers, many of these products end up in recalls or removal from the market because of the serious injuries the cause.
What are mass torts?
Mass torts are a type of legal action which can be filed when there is more than one incident of negligence or recklessness that causes injury or death to a group of victims. Mass tort actions can be filed in both state or federal courts. Frequently, these cases are consolidated into multidistrict litigation if a judge feels this action is appropriate. Some of the factors the judge will consider include:
- How close do the victims live to each other?
- Were the victims’ injuries similar?
- Was there a common cause of injury?
What are some ways to avoid parking lot accidents?
- Drive slowly, giving yourself enough time to get to react to any pedestrians or other vehicle.
- Follow the traffic lanes in the lot. Do not just cut through.
- Do not engage in any distracted driving activities.
- Use your directional.
- Do not check your phone or any other electronics unless you are parked.
- Keep a close eye out for pedestrians. Wait until they reach a sidewalk or other safe area before proceeding.
- Park away from other cars, further away from the entrance of the building you are visiting.
What are some of the most common distractions that drivers engage in while they are driving in a parking lot?
Distracted driving is one of the most common causes of parking lot accidents. According to a survey conducted by the National Safety Council:
- More than 65 percent of drivers said they make phone calls while they are driving through parking lots.
- Sixty percent surveyed admitted to programming GPS system or apps while driving through a parking lot.
- More than half of the drivers surveyed admitted to sending or receiving text messages while traveling through parking lots. They also said they check their social media
- Just under 50 percent admitted to sending or receiving emails, taking photos, or watching videos while driving through parking lots.
- Fifty-five percent admitted they engage in personal grooming activities instead of giving their full attention to the parking lot they are driving in.
How common are parking lot crashes?
According to the Insurance Institute for Highway Safety, approximately 20 percent of all vehicle accident claims filed are parking lot crashes. These accidents account for the deaths of 500 victims, with another 60,000 victims suffering injuries. Ten percent of the fatal accidents are caused by a driver backing up.
What is a combination settlement?
Some settlement amounts are made by both lump sum payment amount and structured settlement amount. For example, the victim may receive a large sum upfront payment, with the balance of the amount paid out in structured, smaller amounts over time.
What is a lump sum settlement?
A lump sum settlement is one way injury settlements are paid. This is when the total amount of the settlement is paid all at once. Many victims prefer this method in order to ensure they receive the amount they were awarded without any future issues, i.e. the at-fault party filing for bankruptcy in order to avoid paying the settlement amount. If the settlement amount is a large amount, the payment may be set up through a trust.
What is a structured or installment settlement?
A structured settlement is one way injury settlements are paid. The payments are made in uniform amounts over a specified period of time. The victim receives regular payments, over a few years up to throughout their life, depending on how much the settlement amount was and how long the settlement contract is. Many people choose a structured settlement in order to reduce any tax liability that may be associated with the funds.
What is the burden of proof in an inadequate security premise liability claim case?
The burden of proof is on the victim and their personal injury attorney to proof owner liability. The victim needs to prove that the business owner had a responsibility to take reasonable preventable measures to keep any visitors to their property and that the owner failed to live up to that responsibility.
Are there some establishments that are more likely to experience inadequate security incidents than others?
Because of the high number of people who visit these locations, there are often a higher number of inadequate or negligent security incidents:
- Apartment complexes
- Bars and nightclubs
- Daycare facilities
- Nursing homes