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Wellborn Paluch, LLP Blog

Sunday, January 22, 2017

What is the meaning of “damages” in a personal injury lawsuit?


When you have suffered a personal injury, whether in a slip and fall, a vehicular accident, or any other incident in which another party bears at least partial responsibility for your injury, you may be reimbursed for your expenses through an insurance settlement or you may choose to file a lawsuit against the offending party. Most people are concerned with the amount of reimbursement they will receive, known as “damages.”  In any personal injury case, as soon as you have begun receiving any necessary medical treatment, you or a family member should contact an experienced, reputable personal injury attorney to make sure you receive the compensation you deserve.


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Thursday, December 29, 2016

Most Frequent Causes of Car Accidents


What are the most common causes of serious car accidents?

Though almost every driver has experienced a fender-bender at one time or another, more serious, even fatal, accidents occur with alarming frequency. If we are to successfully prevent such tragedies, it is important that all drivers, as well as passengers and pedestrians, understand their causes. If you have been injured in a car accident in which the other driver was at fault, it is essential that you contact a competent personal injury attorney who will fight vigorously to make sure that you are fairly compensated for your medical costs, loss of wages and pain and suffering.
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Wednesday, December 14, 2016

Nursing Homes Can No Longer Require Arbitration


How can incidents of nursing home neglect and abuse be prevented?

Today, as our society is aging and more elderly individuals are becoming incapable of caring for themselves, entering a nursing home may be the only option. Not only is this a difficult decision for seniors and their loved ones, there are many factors that need to be considered when choosing a skilled nursing facility.

In particular, it is crucial that residents are provided with quality care, and that the facility is clean  and safe. While visiting a facility or getting referrals from doctors or other medical professionals is helpful in the decision making process, longstanding problems in the elder care system often do not see the light of day.

One reason for this is that nursing home have long relied on fine print clauses in admissions contracts that require elders and their families to resolve disputes through arbitration.


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Monday, November 28, 2016

Waivers of Liability in New York


Whether you are an adrenaline junkie or a nervous Nellie, being presented with a waiver or release of liability will probably make you think twice about the activity you are about to engage in. Although these documents are common when it comes to many of the heart palpitation inducing past times, such as zip lining and bungee jumping, you can also be asked to sign one when doing everyday things like going to the gym or playing a softball league. Regardless of the situation- you need to be familiar with waivers or releases of liability and understand how they affect your rights.

What is a waiver of liability and are they enforceable in New York?

A waiver or release of liability is a document that memorializes an agreement between two parties, that the participant in a certain activity will not hold the provider responsible for injuries sustained during said activity. Many people believe that if they are injured after signing a waiver of liability that they are out of luck and therefore cannot be compensated for their injuries.


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Wednesday, November 23, 2016

Another Dangerous Product: Exploding E-Cigarettes


Is it true that e-cigarettes can explode?

Just when people were being to think that e-cigarettes, though not perfectly healthy, were a better alternative to typical smoking, it now turns out that they may explode and cause very serious injuries. Hospitals across the nation are starting to report acute burn injuries to individuals whose e-cigarettes have exploded. Defective products can cause serious damage. If you have experienced an injury from an e-cigarette or from any other defective product, you should contact a


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Wednesday, November 23, 2016

Supreme Court of Arkansas Disallows Capped Compensation for Non-Economic Damages


What are non-economic damages and why shouldn't they be capped?

A recent decision by the Arkansas Supreme Court to knock "Issue 4" off the ballot has implications throughout the United States. Issue 4 would have drastically capped compensation for non-economic damages to patients injured by medical malpractice, including nursing home residents.

There are real and present dangers to capping damages for non-economic injuries in medical malpractice cases; all include some aspect of injustice. If you have suffered as a result of medical malpractice, it is essential that you have a


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Monday, November 14, 2016

Plaintiff Cannot Be Time Bared If Misled By NYCTA


If you were injured in an accident you may be entitled to compensation. As a plaintiff, you will always benefit from the timely filing of your claim and from hiring an experienced personal injury lawyer. This is especially true if you seek to sue a governmental agency. When dealing with a municipality, such as the City of New York, or any city agency or department, you need to keep in mind that there are additional filing requirements and specific statutes of limitations (time restrictions) that need to be complied with. You should also know that the government or agency might be using tricks involving these requirements in order to block your case.


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Tuesday, October 18, 2016

Samsung Expecting a Series of Lawsuits Following Exploding Galaxy S7's


In this day and age, we have all but become totally reliant upon the advantages of smart phone technology. From checking the weather to managing a stock portfolio, the readiness and availability of a smart phone has become an irreplaceable component to our everyday lives. In the past several weeks, however, the much-anticipated Samsung Galaxy s7 has proven to do more harm than good, as scores of customers flooded the Samsung complaint department with reports of seriously dangerous exploding batteries – which could quickly cause severe burns and injury.

Now, the Samsung corporation is also facing a personal injury lawsuit from a Florida man after the phone exploded in his front pocket, causing severe burns to the sensitive area. According to the specifics of the lawsuit, which was filed in early September, the man sustained second degree burns to his upper leg, as well as third degree burns to his hand as he attempted to retrieve the device from his pocket.


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Sunday, September 25, 2016

The Driver Selfie: It Can Wait


Q: What are New York’s rules on cellphone use while driving?

The popularity and use of smartphones is exploding. Even toddlers can navigate them. Most millennials’ phones are virtual extensions of their hands. From apps to internet, and entertainment to shopping, cellphones are virtually indispensable for business and pleasure. It’s no exaggeration that cellphone use is a national addiction.


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Sunday, September 25, 2016

New York Extends Statute of Limitations for Personal Injury Actions Involving Environmental Contamination


A “statute of limitations” is a hard deadline within which an injured plaintiff must file a civil lawsuit before it is considered “time barred.” Generally speaking, failure to meet a statute of limitations deadline is considered fatal to the case, and will result in the permanent waiver of the right to any recovery as a result of the incident. However, as the New York General Assembly recently acknowledged, certain injuries are not always discoverable until well past the deadline is missed – through no fault of the injured plaintiff. As a result, legislators recently enacted new laws to help extend the deadline for some of the deadliest of injuries: those caused by environmental contamination.

In July 2016, New York’s Governor Cuomo signed into law State Assembly Bill No.


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Sunday, August 21, 2016

New York Court to Allow Faulty GM Ignition Switch Lawsuits to Proceed


The past several years have seen a dramatic influx of automobile recalls. The issues plaguing the auto industry include everything from falsified emissions data to fatally defective airbags – and virtually everything in between. As you have undoubtedly read, General Motors is facing mounting scrutiny over its allegedly defective ignition switches, which are implicated in the deaths of 124 motorists and serious injuries to hundreds more.

As a result of the rampant and


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