WIN YOUR PERSONAL INJURY CASE Useful Info Revealed That May Help You in Your Case

WIN YOUR PERSONAL INJURY CASE Useful Info Revealed That May Help You In Your Case

Donald R. Beebe, Esq.

Daniel A. Beebe, Esq.

ISBN: 978-1-941645-48-2

Designed and Published by: Speakeasy Publications 73-03 Bell Blvd, #10 Oakland Gardens, NY 11364 www.SpeakeasyMarketingInc.com 888-225-8594

This publication is intended to be informational only.The information in this book is not intended as legal advice. No legal advice is being given, and no attorney-client relationship is intended to be created by reading this material. If you are facing legal issues, whether criminal or civil, seek professional legal counsel to get your questions answered.

Donald R. Beebe, Esq. PO Box 6002 335 Washington Street Norwich, CT 06360 860-222-2021

“Dan did an amazing job. Dan made sure I explored every medical treatment option. I was nervous and overwhelmed at first but Dan made sure I understood the process and made it less stressful. When I had trouble finding some doctors that dealt with the medical problems I had Dan had found me some. Dan definitely put in a lot of time and hours of research in my case. I never had any doubt that I chose the right lawyer for my personal injury lawsuit. I would recommend Dan because he treats you like a human being and not just a number. Thank you Dan for all the hard work and everything that you did for me in my case. Thanks.” - Jon H.

“In Our opinion, Beebe & O’Neil is a Five-Star Law Firm. They are thoroughly dedicated to their clients and highly responsive to their needs. Our case was a lengthy one and throughout the entire process, the Beebe & O’Neil team kept us well informed and advised. You simply cannot ask for better legal support. If you Need legal service, contact Beebe & O’Neil. You will not be disappointed.” - Larry & Betty G.

“I want to thank my lawyers and legal staff at Beebe & O’Neil for representing me in a civil case from a car accident I was in during 2009. They went out of their way to make me feel like family and they gave me tremendous moral support through my medical treating.

© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 4 I can’t say enough about everyone involved in my legal matter from the attorneys down to their staff that they go out of their way for you. I would highly recommend anyone to go to their law firm if you need help with an accident.” - Nora L.

“They were great. That’s all I can say. They were helpful, wonderful at helping. It was a long case but they helped me through it. I had no problems getting any questions I had answered. There were no problems with the case and they were very helpful. It was very good working with them.”

- LuAnn B.

“I turned to Attorneys Beebe & O’Neil because I had been in an auto accident and needed their help. As they worked on my case, I was very impressed by the small town family business feel of long ago. I found Attorneys Beebe & O’Neil to be a personable, competent team of integrity. It became obvious that they genuinely care about their clients. My phone calls were always returned promptly. They always took the time to answer my questions with straight forwardness and clarity. They kept me informed and made sure that I fully understood what was happening with my case. I never felt rushed or intimidated. Attorneys Beebe & O’Neil turned an unpleasant situation into a pleasurable one. I was more than pleased with the services of Attorneys Beebe & O’Neil. I was very happy with the outcome. It was a

- Marilyn A.

“I came for some legal advice. In spite of the fact that I didn’t have an appointment, I managed to speak with Nancy M. O’Neil within a half hour. He gave good advice and a follow up letter arrived within 2 days detailing the issue I came to him for. He was polite and unhurried and didn’t charge a dime for the advice I sought. Good man and I’d recommend him…….”

- Darth B.

“Hands down the best lawyers in the county.” - Juston S.

“Daniel is a thoughtful, intelligent and compassionate person who would make a great attorney wherever he goes. Highly recommended.”

- Todd L.

About The Authors ...... 8

Misconceptions or Misunderstandings People Have In Personal Injury Cases ...... 11

When Is A Personal Injury Claim Filed And When Is The Case Settled? ...... 13

Should One Talk To Other Party’s Insurance Adjusters? ...... 17

What Factors Make A Sound And Viable Personal Injury Claim? ...... 19

What Things Need To Be Taken Care Of In A Personal Injury Case? ...... 22

What Should Someone Do If They Have Been Involved In An Accident? ...... 24

Frequently Asked Questions In Personal Injury Cases ...... 29

Choosing An Attorney In A Personal Injury Case ...... 34

What Is A Hoverboard? ...... 37

Products Liability Vs Personal Injury ...... 41

Who Can Be Held Liable In A Hoverboard Accident Case? ...... 44

Have Manufacturers Reacted To Claims Of Hoverboard Dangers? ...... 48

How To File A Lawsuit In An Accident Involving Hoverboard? ...... 51

Attorney Donald R. Beebe

Donald R. Beebe, born Bozrah, CT, January 4, 1950; admitted to bar, 1975, Connecticut; 1976, US District Court, District of Connecticut (1976) US 2nd Circuit Court of Appeals, (1988) US Supreme Court, (1993) Mashantucket Pequot Reservation, (1994) Mohegan Sun Gambling Disputes Court (1997).

Education: Harvard University (B.A., cum laude, Government; secondary, Philosophy, 1972); University of Virginia (J.D., 1975).

Areas of Practice: Personal Injury, Medical Malpractice, Criminal Law, Civil Litigation, Commercial Litigation.

Professional Associations: New London County 4-H Foundation, President, 1988 – 1991; Harvard Club of Southern Connecticut, Director; School Committee Regional Chairman; Harvard Club of Southern Connecticut.

Attorney Daniel A. Beebe joined Beebe & O’Neil in 2008. Daniel A. Beebe, born Norwich, CT, April 4, 1982; admitted to bar, 2007, Connecticut.

Education: Harvard University (A.B., cum laude, concentration in Government, 2004); William & Mary School of Law (J.D., 2007).

Professional Associations and Memberships:

1. Connecticut and American Bar Associations, Member

2. Harvard Club of Southern Connecticut, Member and Interviewer

3. New London County 4-H Camp, Volunteer

Experience:

1. Attorney Beebe and O’Neil, Attorneys at Law

May 2008 – Present (7 years 7 months)

2. Summer Associate Zaremba Center for Estate Planning & Elder Law, Williamsburg, Virginia

3. Summer Associate David Lee & Associates

May 2005 – August 2005 (4 months)

4. Research Assistant Professor Gary Orren, of The Harvard Kennedy School of Government, Cambridge, Massachusetts

September 2002 – August 2003 (1 year)

When many people first talk to a personal injury attorney, they feel that somehow they are doing something that is wrong or improper. It does not take very long for the firm to explain to them that they did not ask to be hurt and that the person or corporation that has hurt them has a legal obligation to pay them for what they have lost.

People have difficulty understanding that they lose far more than just the cost of their medical bills and the damage to their car, in the case of car accidents. They lose many times the compensation they get; their good health and stamina and their ability to live a pain-free life without limits and restrictions.

Misconceptions People Have About The Personal Injury Recovery Process

There are some who think that they are entitled to a lot of money just because they are involved in an accident and it is just going to come easy to them. They have to be counseled that they have to document their loss and

Also, getting treatment is an important factor to the jury, to whom the case is ultimately presented; the client's history of treatment lets the jury know how serious the injury that the client sustained is. There are some people who just feel that being adequately compensated is impossible. They need to be counseled on the fact that they need to be patient and persevere. They need to be advised as to what types of experts and other witnesses are necessary to develop their claim.

Filing A Claim Is A Relatively Easy Process Unless It Is Being Filed Against A Government Entity

There are two parts to this question. In many instances, the filing of the initial claim is a relatively easy process unless claims are being made against government entities, in which case the processes can be more complex.

After the initial claim is filed, insurance companies who usually represent the individual who caused the accident, make it extremely difficult for the injured parties to obtain the money they are entitled to.

Most Personal Injury Cases Reach A Settlement Before Trial

Most personal injury cases do reach a settlement before trial, but no case should be treated as if it is going to settle. All cases should be treated as though they are going to go on trial.

The insurance company attorneys evaluating the cases always factor in how the case will be presented at trial.

The goal is to make the insurance company of the party that is at fault live up to its obligation to pay for the harms and losses that the injured party has suffered because of the wrongful acts of the insured.

It is crucial that people hire a law firm that does the necessary work to work up and to develop their personal injury claim so that they are in a position to force the insurance company to recognize that they have to pay the maximum settlement amount for those harms and losses that the client sustained.

What Factors Make Clients Choose Settlement Over Trial?

No one knows what will happen at trial. No one knows what a jury will award. The American jury system is a great system because it is made up of jurors of one’s peers which means they are members of our society. However, these individuals are relying on their own collective common

Therefore, people generally decide to take settlements because they have positioned themselves, hopefully in the hands of their very competent attorneys, to see offers to settle that clearly lay in the higher ranges of settlements for cases like theirs.

There is also a great deal of expense in trying cases when bringing in experts such as doctors, engineers, and other similar individuals to explain how the person at fault failed to act as a reasonable human being when they were obligated to do so. Those costs can be saved by not going to trial.

Getting By Financially While Waiting For Collection On Lawsuit Or Claim

Unless it is a job-related injury which is covered by the Workers Compensation Statute (which is not what we're talking about at this time - unless the individual who is injured is covered by a disability policy at his/her job or is so disabled that he/she can collect social security), the only other place the individual can get some money while waiting to collect on

© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 15 the lawsuit is through sources that actually lend money to such individuals. These corporations, however, do charge for providing that money.

Individuals who are disabled by somebody else violating a safety standard usually do not have a way to get by financially. On the other hand, if they did not bring the claim, their financial situation would be the same.

But, by having brought the claim, they are putting themselves in a position where, if successful, they will receive payment of just and reasonable sums of money to compensate them for their losses, which include their wage losses.

Never talk to the other party's insurance adjuster or other employee when that person wants you to give a statement. Always assume that even if the person is not recording a statement, he is taking detailed notes of what is being said.

From the moment one makes a claim against an insurance company, anything one says may be damaging to them. Human nature is such that people have the hope that they are not injured and that they will get well. So, they minimize their injuries, and, many times don't even know how seriously injured they are.

It should be noted that the same warning also applies to the injured person's own insurance company. A recorded statement given anywhere can be made available to the other party's insurance company. In some instances, the injured party's own insurance company may be obligated to some or all of the injured person's statement.

© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 17 One should contact a competent personal injury attorney right away and have them deal with providing the basic information about the accident and to prepare one for any statements one is obligated to give. In many instances, one is not obligated to give any type of statements to the other party’s insurance company.

Probably the most important factor is to establish that the other party or entity is at fault. A viable personal injury claim begins with proof that the person who injured the claimant is at fault. In some instances, this is easier to establish, such as when someone is a passenger in a car, and the car is rear-ended.

There are a lot of instances where liability or fault is not that clear. Another example could be where a person is coming out of a parking lot or driveway and is then hit by an oncoming car. At first blush, it may seem clear that the person who pulled into oncoming traffic is at fault. However, if the person who was driving down the roadway was traveling above the speed limit and the car pulling out was not able to pass through safely, the car on the roadway would be at fault.

This is also true in cases where people slip and fall. For some reason, when any of us slip and fall, we start saying it was our fault, and we were stupid and we weren't paying attention. In reality, the surface we were walking on, or

In these instances, and in all instances, it is important to get a competent personal injury lawyer involved very early after you are injured to take pictures, gather evidence, have the car looked at if it is an automobile accident, have the area where you fell looked at, and at times have engineers and other experts hired to look at the car or scene of the accident.

Other factors that make a sound and viable personal injury claim are identification of the injuries or body parts that were injured in the accident and the medical treatment that followed as well as the consequences that followed; the inability to work for either a short or long period of time.

Similar factors that help make a sound personal injury claim are clear documentation through experts who can give opinions as to why the other party was at fault. In a personal injury case, when someone pulls out in front of somebody else, or in a slip and fall case, there was a need to establish what was wrong with the surface of the floor or stairway or what caused the defect.

© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 20 A personal injury case is not going to get anywhere if it lacks all the things that are mentioned above. There are more things to be taken care of, but the above mentioned factors give a pretty good idea of the types of the things that need to be done.

The witnesses have to be gathered and statements obtained, pictures of the scenes have to be taken, measurements have to be taken, and pictures of the damage must be taken, and, where necessary, experts have to be retained to look at those areas or damages.

A personal injury case revolves around evidence and witnesses. From the day that you are injured until the case is fully developed, the entire claim revolves around what it is.

Evidence And Witnesses Are Important In A Personal Injury Claim

Obtaining evidence that can be used to prove the fault of the other party and injuries is critical. Witness statements are crucial and should be obtained as early as possible, as witnesses disappear and sometimes have a change of heart.

A person who has seen someone severely injured in an automobile crash or as a result of a slippery side walk are more willing to talk at the time, or close to the time of the event than they are later. Also, memories fade and evidence gets destroyed or disappears.

Keep Records Of What Happened In The Accident

It is important to keep a diary or journal of what happened in the accident and any doctors visited. It is critical to make notations of what was experienced and what the facts are.

Sometimes it takes a couple of years or even more before a client is done with treatment, which means a lawsuit cannot be brought until all injuries are known, or just before the statute of limitations runs out, whatever comes first.

So, if an injured person could be testifying at trial or at a deposition two to three to four years after the events if the case doesn't settle right away, a lot of things can happen in that period of time and people forget what is going on.

People should seek medical attention right from the accident scene if possible. It is always best to take an ambulance and go to an emergency room. This is just good advice for your health. The reason why you seek medical attention is to avoid walking around with an injury that could be getting worse because you didn't know you had it.

People are concerned about their cars and concerned about the fact that they don't think it's serious enough, but the rule of thumb is always go to the hospital from the scene of the accident in an ambulance when it is called in. If an ambulance isn't called in, call the one.

If you haven't done that, and you get home and you are feeling bad, go to the emergency room immediately. You should know that there are a number of urgent cares and walk in clinics that you can also go to if you have some aversion to go to an emergency room. But, whatever you do, you should be treated as quickly as possible.

There is probably nothing that is too long. Simply put, every day that passes becomes a way for the insurance company to challenge that the injury you have is associated with the crash or fall or whatever else caused you injury. Also, the insurance company will argue that if it was serious enough, you would have sought medical attention sooner, and that you didn't.

This is not to say that a lot of injuries don't start to manifest themselves sometimes for a day or two after the event. That is normal. But when you start to feel the symptoms, you should go.

In fact, you should go right from the accident scene by ambulance to the hospital to be checked out. Do not wait for the problems to start. You should be very clear about every place that you have an injury. If you have a major injury, do not miss it. You should make sure to be all- inclusive.

This is not a time to say, "Geez, I'm fine and I want to get out of the emergency room." It is a time to be sure that everything is checked.

You shouldn't worry about how big your medical bills are. If your medical bills are covered by insurance or Medicare or Medicaid or by some other source, you should proceed with doing reasonable medical treatment for the injuries that you have until you are done treating.

In many instances, your medical insurance is not entitled to reimbursement, so it really doesn't matter how long the bills are because it does not affect what you receive from the person's insurance who hurt you.

In any event that your insurance company has the ability to be reimbursed for some or all of it's money that it expended to cover your medical bills; that is an issue that will be resolved at the time when the case settles as a result of a verdict from the jury.

It should be noted that most insurance companies do not pay the full amount of the medical bill, so even though your bill may be, for example $1,000.00, the insurance

There are circumstances in which the medical bills that you incur in the crash or fall do exceed the amount of available liability insurance that the other party has. You should note that while the question does not ask for it, in many instances when the person who hurt you does not have enough insurance, particularly in a car crash case, that you may have what is Underinsurance Motorist Coverage for that injury.

When you buy a policy in Connecticut, you buy coverage for yourself for those people who have less liability coverage than you do. This is called Underinsurance. You can collect against this against your own carrier; generally it does not affect your rates. It is just something that you pay for. Every policy has at least $20,000 per person, up to $40,000 for each event. But it can be a lot higher than that.

Therefore, if the other party does not have enough liability coverage to pay all of your insurance bills, you may be able to collect that and more, as you deserve for your pain and suffering and compensation for disability, loss of wages, and other claims.

Yes, medical bills can be negotiated down by an attorney. It is done all the time. Not every medical provider will negotiate, however, most will, particularly, when the injured person is not going to receive any funds.

There are exceptions with some medical providers, but they are the exceptions, not the rule.

The Biggest Challenges Someone Will Face In Personal Injury Cases

There are a lot of challenges, and it could be just the injury that a person had as a result of the unsafe conduct of a person or an entity that hurt them. Usually the biggest challenge, from a lawyer's point of view, is to take the time to explain to the individual how the process works and how the legal system works.

People watch television and see that cases start at the beginning of an hour or half hour program and are over within that hour or half hour.

People who are injured take a period of time before they know exactly what is wrong with them, then for the doctors to treat them, then after they are treated for them to know the success of that treatment and then to know the extent of the limitations they will have as a result of the injury they sustained due to the fault of someone else.

© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 29 A lot of people think they are doing something improper by bringing the claim. Unfortunately, there is a great deal of negative information on television and in the newspapers and on the internet that there are too many lawsuits, or that people are bringing fraudulent or false claims. That has not been our experience. The opposite is completely true.

People are generally honest and have real claims, real injuries, and real financial losses, and in many instances are devastated because somebody simply didn't follow a traffic law or have proper equipment or safety measures.

One of the biggest challenges for the personal injury lawyer is to spend time with the client so that they understand that they are not doing anything wrong and it was the person that caused the harm and injured them and that they now have to fight to receive what they are entitled to.

Personal Injury Cases Typically Take Time To Be Resolved

There really is no typical case. Some can be resolved in three or four months, some within a year, and some go on for a long time. For the most part, this depends on the nature of the injury and how long it takes for a person and

Unfortunately, some people require surgery, and sometimes multiple surgeries; there are usually gaps in time when there are multiple surgeries, and then it takes a year after the surgery for the final disability rating(s).

Then, obviously, it takes time for all that information to be put together to establish whether the person can continue on with the same type of work the person had in the past - in other words how they have lost money as a result of the injury that was sustained due to somebody else's fault.

In short, there is no typical case. In fact, each individual is unique, and so each time there is a personal injury, it is unique also, and it has to be treated that way so that the injured person gets his or her maximum recovery.

Things That People Might Unintentionally Do To Hurt Their Damages Claim

People are not necessarily great record keepers. Therefore, they are not keeping track of what has happened to them as a result of the accident they met with. They are busy, so sometimes it is not done intentionally, but they forget to record or to remember things that have happened.

© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 31 Also, sometimes people feel he/she is going to get better, when in reality they are not and they fail to treat. Or, sometimes people feel that other things are more important than treatment. Also, people might talk to the wrong people. They sometimes will not tell doctors how badly they are injured.

People fail to understand that they need to be complete with the problems they are having when they meet with their doctors, nurses, physical therapists, lab technicians, and whoever else they have contact with concerning their treatment.

People have a tendency, which is a natural tendency, to focus on their biggest injury in hopes that it will be taken care of and sometimes fail to even mention what could be considered a minor injury in comparison to the larger injury, but is still substantial.

Also, many people have very busy lives and it is impossible for them to keep up with treatment and the like. They also sometimes have an idea that they should wait to do things like have corrective surgery, and other

Anything that is related to the injury that was caused by another person who is liable should be dealt with before the case is resolved so that the person who caused the harm can fulfill his or her obligation to pay the money that it took to treat the injury and subsequent problems that resulted from the injury.

These are just some of the challenges.

Attorneys generally take cases on a contingency fee basis. The contingency fees are set by statute in Connecticut. It is generally one third of recovery. There can be a sliding scale after a certain point, set forth in the statute.

Attorneys Are Typically Compensated On A Contingency Basis

A contingency basis means that the attorney doesn't get paid for the time he puts into the matter unless or until there is a recovery. Generally it is a third of the recovery of the case, paid at the end, at the time of settlement.

Things To Consider When Selecting A Personal Injury Attorney

The most obvious thing is experience in that area. It is important that the person who is injured knows that the attorneys they are retaining to handle their injury are attorney's who will actually try cases. Everyone thinks that lawyers try cases; many do not. Some will start to try a case, but never take it to conclusion.

© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 34 The insurance companies generally know who the lawyers are that try cases versus those who do not. The judges that handle and settle cases also know this. It should become clear to you that you need to have an attorney who is known, experienced, well-educated, and has the capacity to try your case if necessary.

It is important to listen to ads that lawyers put on television or the radio, but the best way to find a lawyer is to find out their experience and their ability to handle your matters. The fact that a lawyer or group of lawyers is spending a lot of money on advertising does not make them the best.

Also, many of the services that designate lawyers as being great are services that don't just get that designation because the lawyers pay for it. The reality is that the people who get the most money for their clients are people who are spending their time representing the people who have been injured, and not tooting their own horn, so to speak.

Some Warning Signs To Look For When Selecting A Lawyer

The things you watch out for are lawyers that claim that in the ad that they have collected huge amounts of money.

Also watch out for attorneys that tell you that your injury is worth a huge amount of money before you are done treating and before you even know what the real consequence is to you.

So if you are not getting information about what witnesses have said and you have not seen pictures from the scene of the accident, crash tests may have to be done, accident reconstructionists may need to be hired.

That should be a warning sign that your claim may not be developed or that you will be settling the case for less than your case is worth because the insurance company knows that you do not have everything that you need to really prove what needs to be proven or that there may be weaknesses in your proof.

Hoverboards are electronically powered boards that are self-balancing. They have a wheel on either side and are maneuvered by the user’s balance and feet. These boards were initially very popular in China because they were invented there, although they have recently become very popular in the United States also.

Hoverboards are the most popular among American youth, particularly teens and college-aged students who can be found using them at parks, malls, and around school campuses. They often use these boards in crowded areas where other people are also trying to walk around.

Common Causes Or Types Of Hoverboard Accidents

There are basically two very common types of hoverboard accidents.

The first kind of accident involves hoverboards catching fire. Many hoverboards have been found to catch fire while charging, which can result in huge electrical fires, and although these fires tend to occur more commonly in

The boxes in which these hoverboards are packaged, provide no warning in regards to the likelihood of the hoverboard catching fire and they do not instruct users on how to avoid such fires.

Many of the hoverboards sold in the United Kingdom, and some that are sold in the United States, do not have the proper plugs with which to charge the devices. These hoverboards might even need special fuses which the user or buyer had not been instructed or warned to purchase, which tends to be another reason which could lead to the sparks or fires that many people have experienced.

The second type of common hoverboard accident occurs due to simply not having proper directions with the packaging. Many hoverboard companies include directions on how to steer, however, that seems to be the common extent of the directions.

While some directions do instruct users on how to get off the hoverboard one foot at a time, what they fail to tell the user is that they must step backwards in order to safely dismount the board.

© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 38 Stepping forward typically tends to make the board tilt forward which might cause the board to jolt forward as well, and users might even trip or fall. They might seriously end up hurting their feet, ankles and knees, and even their wrists if they fell on their hands.

Commonly Reported Injuries In Hoverboard Accidents

Many of the injuries resulting from hoverboards are caused by the user being thrown forward. In one instance, the user who fell off was jolted forward and ended up severely hurting his arm. The emergency room doctor’s diagnosis was that he sustained a fractured radius so he ended up being out of work for twelve weeks.

While some stores and malls do offer for people to try out the device, the fact is that many people buy hoverboards over the internet or at stores where there would be no option to try it out. When people become vulnerable to using a hoverboard improperly because they had not been presented with good instructions, then it can often result in injuries, some of which can be very serious.

© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 39 Additionally, fires can still pose an issue even though higher-end companies such as Swagway and Hovertrax, tend to have better instructional manuals. Many airlines have banned hoverboards because of the fire hazards and New York City has banned them as well. Even colleges, where hoverboards are actually very popular, are beginning to ban them because of the fire safety hazards in often crowded dormitories.

It should be noted that for someone who bought a hoverboard, it would not really matter whether their claim fell under products liability or a personal injury claim. The products liability statute may provide stronger theories for recovery of damages and injuries caused by the hoverboard, although the theories would actually be very similar.

In an abstract way, it would be difficult to tie down what type of claims might be brought because each case would be driven by the facts of what occurred. An injury caused by a hoverboard would more likely than not end up being a claim that could be brought against the manufacturer and or the seller of the hoverboard.

The person who had been injured by the hoverboard should not worry so much about whether it would be a product liability or just a general personal injury claim. Either way, it would be important for them to know that they should consult with an attorney to see what rights

Hoverboard Injuries Can Fall Under Personal Injury, Product Liability Or Both

Due to the novelty of hoverboards, there still are not those many cases revolving around them regarding either product liability or personal injury cases. There have already been a few cases built upon the insufficient instructions provided with the product as well as the product’s dangers when charging, such as fire hazards.

Studies done in the UK regarding the fire hazard pointed to the lithium-ion batteries overheating. These types of batteries often overheat in other devices, which is why larger products such as laptops that use this type of battery, often use internal fans for cooling.

Some hoverboards may not have cooling equipment within the devices, which is a factor that is still under investigation within the respective organizations for consumer safety in both the United Kingdom and the United States.

The injured person would also have a case if someone else ran into them with a hoverboard or otherwise caused damage to their property, and that would be no different than if the person had been hit by a car.

This would be more of a straight negligence type of claim, although a product liability claim could also be brought. The injured person should not worry about whether it was a negligence claim or a products liability claim, because all that would matter is that they have a claim.

Under the products liability statute, anyone in the chain, including the manufacturer to the distribution of the hoverboard, right up to the person who sold it to the person in the local store, would be held responsible for everything that occurred.

Therefore, the injured person could go right back to the person who actually designed and manufactured the product or to the local department store or retailer that actually sold the unit, which would also be true for products that had been bought online. There are different theories about what the claims could be. The actual facts of the case may mean that the overheating of batteries could be viewed as a defect in the type of battery or the way it was charged and there might also be a failure to properly instruct the consumer who bought the hoverboard.

Obviously, the way the hoverboard was designed would go right back to the manufacturer, although all these claims

© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 44 could even be brought against anyone in the distribution chain, meaning the manufacturer to the wholesaler to the retailer, meaning the local store. Any one of those individuals could be held responsible and they would be fully responsible under the theories of products liability.

Negligence claims could also be brought against the store, and these could be embodied in the other claims.

You Could Be Held Partially Responsible For Your Injury

The person who bought the hoverboard or who was using the hoverboard could be held partially responsible if they were doing things that could not be viewed as being unreasonable, and although this could affect the amount of damages they received, it would not bar the claim.

In other words, let us suppose someone sustained a broken a leg or ankle and had around $10,000 to $20,000 worth of medical bills, it was established they lost time from school, college or their job, and they had a lot of pain and suffering.

Hypothetically, they might have damages in the area of $200,000, but if they were found partially responsible, then their percentage of responsibility would be taken away, meaning if they were found 10% responsible, then they would lose 10% of the $200,000, or $20,000, in

The same would be true if the person was partially negligent and was found to be 30% responsible, meaning they did something that placed approximately one-third of the fault on them. In this case, the $200,000 would be reduced by 30%, or $60,000, so the person would receive a net of $140,000 in a situation where the damages came up to $200,000.

Proving Fault In Product Liability And Negligence Cases Would Depend On Facts And Available Information

The difficulty in proving product liability or negligence in any product case would depend on the facts and it would also depend on how much information was available to the public in regards to what the manufacturers and sellers knew about their products.

We believe it will soon be established that hoverboards have certain problems with design defects or instructional problems. There would initially be huge resistance to the

© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 46 claims by the manufacturers and sellers of the hoverboards, but then as the information became discovered through lawsuits and other legal proceedings, the product sellers and manufacturers would back away from their vigorous fight on these claims. This is just something that we are going to have to wait and see what happens.

The fact that the case may be difficult should not mean the case should not be brought. With the number of injuries that have occurred as a result of people using hoverboards, it has become very clear that people should just bring the claims.

Hoverboard Boxes May Not Carry Any Product Warning

We have not seen the boxes of all of the hoverboards, so it would probably not be proper to comment on that, although in any case each box would have to be looked at. Users should also check on websites for warnings, because the lack of warnings would obviously be important for a theory of liability against the manufacturer and any seller.

This would be difficult to assess because claims against hoverboard manufacturers are still so new. Industries which manufacture products that result in a large number of claims generally tend to be very resistant to those claims.

They normally act very receptive so they can get as much information as they could from the injured person. Sometimes they might actually take back the hoverboard so that the person who had been injured would lose the key evidence in their case, and then after that they would do nothing or they would do very little for the person who had been injured.

It would be difficult to know how the actual manufacturers of hoverboards are reacting. However, it is very common in cases involving products where the product’s seller, the person who is selling and manufacturing a product that turns out to have created a lot of injuries, to generally stonewall any claims.

This would not mean they were not at fault, but they would not want to create a problem where people thought

© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 48 they might be able to claim easy money because of an injury. This is why it would be important to have an attorney handling these matters from the start.

Injured parties can sometimes make very serious errors while giving information directly to the manufacturer or to the people who sold them the product, which in this case would be the hoverboard. In some cases, the person might actually even give up the product by returning it to the company, which would result in them losing that key piece of evidence.

In short, people should not view the manufacturer as a friend, and instead they should view them as someone who had injured them with a product that they had made a lot of money on, and which was actually unsafe.

You Would Still Have A Claim If The Hoverboard Was Made By A Generic Company

The injured person would still have a claim even if their hoverboard was made by a generic company, meaning they could always sue the generic company if they were able to locate it.

It should be noted that the injured person would generally be able to sue the company in the state where they were

In case the injured person was not able to locate the company, they could also sue the store from which they purchased the hoverboard. This would not necessarily have to be the manufacturer, because a lawsuit could be brought against just the person who sold the hoverboard, provided that person was the product seller.

The process of moving forward with a claim or lawsuit in a hoverboard related accident would not be very different than it would be for any other personal injury claim.

The crucial part of the process would be to keep the product that caused the injury, get pictures of everything they could possibly get pictures of and then consult with an attorney as soon as possible, or better yet, they should call an attorney as soon as they are injured.

The injured person should not talk to the manufacturer and they should never make a confession to anyone that they somehow might have been at fault. People sometimes feel that way because they fell down or hit something when they were using a product, so they tend to feel as if they are at fault because it was their own stupidity.

People are not stupid, and they would not deliberately inflict injuries on themselves or intentionally harm

© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 51 themselves. The case would be all about the fact that they had not been properly instructed or told about the risks associated with the hoverboard, or that hoverboards did not have safety devices to prevent them from running into things or falling down.

Manufacturers, sellers and their insurance companies, are great at getting statements that could ultimately destroy the injured person’s ability to get compensated or to get fully compensated.

Statute Of Limitations For Hoverboard Injury Claims

The statute of limitations varies from state to state so it would be difficult to talk about what it would be like in any jurisdiction other than Connecticut. Most limitations on personal injury cases range from two to four years, although in the state of Connecticut, personal injury claims are usually limited to two years, whereas a products liability claim would be limited to three years.

Certain doctrines could extend those statutes which is why the person would need to consult with a lawyer in regards to the factual pattern of the case. It would always be a wise decision to get to a lawyer’s office as soon as possible to have that issue researched.

Whether or not the hoverboard injury claim was viable would depend on the nature of the claim. As in all personal injury cases, one of the crucial factors would be the extent of the injury caused by the product, in this case the hoverboard, and how that injury affected the person who was injured.

The larger the injury, the greater the medical costs, and the larger the other parts of the claim are would increase the viability of that case. Hoverboards are still fairly new to the public and to the legal system, so it would probably take a while to work through what defenses could be asserted by hoverboard manufacturers and the stores that sell them.

It would be good to note that even small claims would be viable because of what is happening nationwide in regards to injuries as a result of hoverboards due to the many design, manufacturing and structural defects with hoverboards.

© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 53 It would be wise to contact an attorney if the person had been injured by a hoverboard or if they suffered property damage as a result of a hoverboard.

Types Of Compensation That Might Be Available

The injured person would be entitled to general damages, meaning they would be entitled to all of their expenses for medicines, doctors, physical therapy and the like. This would not mean just the co-pays like what some people have on their insurance policy where they pay a certain amount of money for a doctor’s appointment or an operation, which can sometimes be as low as $20 and sometimes as high as $5,000.

How Long The Case Might Take To Be Resolved?

Typical personal injury cases could sometimes take up to a couple of years. However, this would be due to the plaintiff needing to finish proper treatment as well as the time it might take to negotiate a settlement.

It would be the same case with hoverboard related personal injury cases that come under product liability. It may take even longer simply because investigations might still need to be done in regards to the cause of the fires and other malfunctions with the devices.

Our firm handles personal injury cases, so we do also handle hoverboard related cases. These cases are handled on a contingency basis, where the contingency fees would have been set by statute in Connecticut. It would generally be one third of the recovery, although there could be a sliding scale after a certain point which would be set forth in the statute.

A contingency basis means the attorney would not get paid for the time he put into the matter unless or until there was a recovery. The attorney would then typically be paid a third of the recovery of the case, and this would be paid at the end or at the time of settlement.

Our Experience Sets Our Firm Apart In Handling Hoverboard Accident Claims

Our many years of combined experience set our firm apart in handling hoverboard injury or accident cases. Between Nancy O’Neil, Donald Beebe, and their son Daniel Beebe, they share nearly fifty years of experience in legal work.

© 2016 Donald R. Beebe, Esq. & Daniel A. Beebe, Esq. Page 55 We work as a team and we have access to each other in ways that the average law firm does not, because there is a personal connection between all of us.

I believe the effects of an injury are personal in nature, and the personal side of our lives is the most precious to us. This would be need to be compensated along with the economic losses, medical bills, lost wages and other things that would be expended to take care of an injured person.

The members of our law firm are extremely bright. Daniel and I went to Harvard University, and we continue our education through Connecticut Trial Lawyers Association seminars and other seminars so that we can remain at the cutting edge of the personal injury lawsuits.

It is our goal to maximize the money that our clients receive so they are able to recoup what they have lost at the hands of those who injured them.