According to a New York Times article, Phillip Morris recently paid former smoker – Lucinda Naugle - $300 million in the state of Florida because of lung injuries she suffered.

As a result of her years of smoking she needed a lung transplant, and she sued the tobacco company as a result.

In the state of Florida, smokers can no longer file class action lawsuits due to a state Supreme Court ruling back in 2006. But the ruling also made it so that smokers who do file individual lawsuits have less to prove.

The Florida Supreme Court ruling made it easy to pursue tobacco lawsuits in the state. In the 2006 trial, the Supreme Court rejected a class action lawsuit for $145 million. The ruling stated smokers needed to file individually.

Even though the plaintiffs lost the lawsuit, the Florida Supreme court stated with individual lawsuits the individual has fewer burdens of proof.

The court stated plaintiff’s do not have to prove the following: nicotine is addictive, smoking causes disease, and that cigarette companies fraudulently hid these facts from the public.

In the case of 61-year-old Lucinda Naugle, she was awarded $56 million in compensatory damages and $244 million in punitive damages for suffering from lung injuries.

Naugle started smoking when she was 20, and quit smoking when she was 45 years old.

According to her lawyer – Robert W Kelley - Naugle suffers from “severe emphysema and needs a lung transplant that she cannot afford.”

The jury placed 10 percent liability on Naugle for choosing to smoke, thus causing her to suffer from lung injuries.
Law experts’ claim this verdict may open up the door for future lawsuits against tobacco companies.

Plaintiffs from the 2006 class action lawsuit have begun to file separate lawsuits from suffering their injuries.

The Altria Group - Phillip Morris’ parent company - claims it will appeal the verdict and that they do not agree with the state’s rules as they were “fundamentally unfair and unconstitutional.”

Spokesman for the Altria Group - Brendan J. McCormick - stated the company believes the federal court will reject Florida’s “standards of proof.”

The company is confident they will win the appeal. The counsel for Phillip Morris stated, “We believe that the punitive damages award is grossly excessive and a clear violation of constitutional and state law.”

So far this verdict is the largest sum awarded a smoker in a Florida state lawsuit against the tobacco companies, the New York Times reported.

Personal injuries don’t just happen on icy patches of sidewalk. Every year, thousands of people across the world are seriously injured and even killed by the wild creatures of the animal kingdom. Animal attacks may be more common than you think.

Check out these stats on personal injury in the wild and see which animal attacks are the most dangerous. Also, learn about domestic dog attacks, dangerous aquatic animals and what to do when you encounter a grizzly bear.

Personal injury statistics

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Chicago resident Michael Cordell Payne died at the scene according to the Cook County Medical Examiner, when a Chicago Transit Authority bus struck him on the city’s south side.

According to Chicago’s WBBM News Radio 780, Payne, 51, was hit by a No. 14 Jeffrey Ave. bus heading north. Payne was neither boarding or exiting the bus, and the bus driver was very shaken-up after the accident.

Witnesses of the accident say conflicting things, and an autopsy will be performed to help determine any possibility of foul play. The bus was in service and had passengers on board - but no one on board was injured.

At this point, there are no injury lawsuits. No further information is currently available.

Fantasy football, fantasy baseball, fantasy hockey - fantasy sports. Millions of Americans join fantasy sport leagues every season - drafting players from the pros to hype up their teams. So what happens when one of your virtual team members gets hurt in real life? He’s benched, and your team suffers.

Chew on this: How about insurance for your virtual players? This idea is being explored by some attorneys and insurance companies. FSI, or fantasy sports insurance, is a growing trend in the fantasy sports world.

It’s a product that joins several others specifically geared at the $800 million industry of fantasy sports, according to CNN.

Other organizations profiting from the Fantasy Sports craze include LeagueSafe, a company that stores entry fees in a bank until a payout issued at the end of the season; trophy companies; and fantasy dispute resolution, which allows participants to have disagreements regarding leagues settled by an actual lawyer.

Fantasy sports insurance is still relatively new to the industry, but some injury lawyers are already getting involved. For the full story, visit CNN’s fantasy sports insurance story.

Last year, the New York Times published 15 articles on devastating results of repeated concussions related to athletics.  The cases included high school kids, college students and professional athletes. Almost all the concussed athletes returned to the field after the first blow to the head, but after a second or third time, most were no longer able to play.

Many different types of athletes are susceptible to head injuries, including participants in the following sports:

• Football
• Hockey
• Soccer
• Lacrosse
• Boxing
• Wrestling

All athletes should be aware of how to protect themselves if hit in the head not just once, but in some cases several times.

According to the New York Times report, studies have shown that it takes female athletes longer to recover from head injuries then it does male athletes; and younger athlete takes longer to recover then the older ones because they are more vulnerable to brain damage.

Most of these injuries could have been prevented if everyone involved in the sports recognized and knew about the symptoms of concussions. They could take the proper steps ensuring that the athletes’ brains were allowed to fully heal.

Symptoms of concussions can include headaches, sleepiness, short attention span, memory loss, mood swings, and personality changes. Other symptoms of concussions may include blurred visions, nausea, dizziness, sensitivity to noise and light.

Repeated concussions could cause long lasting and sometimes permanent effects. Sometimes the results even led to death.

In America last year, at least four students died from head injuries, the New York Times reported. They suffered from what is called second-impact syndrome, which impairs brain activity when a person receives another hit to the head before the brain has fully recovered from a prior concussion.

According to Dr. Cantu, a clinical professor at Boston University School of Medicine, anyone responsible for an athlete’s well-being and physical health should use the 25-item graded system checklist to determine the seriousness of the concussion. This may prevent repeat concussions and protect the athlete from any further damage.

For younger athletes who suffer a severe blow to the head, it’s advised they don’t be placed back into the game.  Their brains are more vulnerable to damage and need to be protected. Even if the player appears to be fine after a twenty minute period, they should still stay put on the bench.

If they suffer a repeat concussion, then it might be best to let them rest for a week or so longer.

Dt. Cantu also stressed the importance of allowing an injured brain to rest. If this time is not allowed than the symptoms can worsen, prolonging recovery and causing permanent damages. This occurs when the brain cells die because there has not been enough time for them to recover.

Special helmets have been developed to track the intensity of hit and relay it back through wireless signals to computers on the sidelines. This alerts coaches to possible concussions and allows them to look out for their players. In many cases, players might not want to tell their coaches that they are hurt, so they can remain in the game.

Everyone involved should learn the consequences and damages caused by severe hits to the head to prevent and protect all athletes from any further personal injuries.

Toyota is facing a class action lawsuit for illegally hiding evidence from car accidents across the country.

The automaker giant has been accused of concealing and destroying evidence that should have been provided to consumers filing personal injury lawsuits against the company, according to a CBS report.

The class action lawsuit wants to reopen cases either won or settled by Toyota, in order to get the plaintiffs in the cases what they might actually deserve.

Toyota’s company lawyers have allegedly not yet had time to review the class action complaint - so as of right now no action is being taken by the car company.

You might think that back or neck injuries are the most commonly sustained injuries associated with car accidents - however according to Forbes.com, it’s something far more simple: Slamming your finger in the car door accounts for almost 150,000 car-related accidents annually.

Also near the top of the list of  personal injuries that happen when the car is stationary are:

• Injury related to a hoist or car jack
• Injury from a falling vehicle or vehicle part
• Injury from loading or unloading a car
• Injury from pushing a car that has stalled

According to the Forbes article, injuries that happen when the car is not moving are not covered by insurance. The research shows that nearly 2,000 deaths and more than 800,000 injuries each year are caused by non-traffic accidents and non-crash incidents.

According to U.S. News and World Report, when the federal speed limit of 55 miles per hour was taken away, rates of car accidents increased - noticably.

During a 10-year study period that lasted from 1995 to 2005, researchers recorded a total of 12,545 deaths and 36,582 injuries, which they correlate to the allowed higher speed limits.

Because of the exponential numbers, some researchers are calling for reduced speed limits - back to the old maximum of 55 miles per hour - and cameras on expressways to help reduce speeding.

Other experts in the field say that with the new technology in car safety, like seat belts and airbags, a federal limit of 55 might be too slow. Some believe that 65 miles per hour would be a safe speed, and that the excessive accidents, deaths and injuries don’t occur until speeds above 70 miles per hour are reached.

For more information, view the full article from U.S. News and World Report.

Every year without fail, there are some crazy stories about firework injuries as a result of July 4th fun. According to the American Burn Association, men are three times more likely than women to sustain firework injuries - no real surprise there.

If you get hit with a firework at a professional display, you may want to hire an injury lawyer to talk about possible options for compensation.

Here are some crazy firework injuries that have happened over the years:

• Sparklers Gone Wrong
• Firework Makes Hole in Boy’s Body?
• Don’t Be Careless, or You Might End Up Like This Test Dummy
• Homemade Fireworks Not the Best Idea

A Metropolitan Atlanta Rapid Transit Authority (MARTA) train conductor was accused of using his cell phone and texting while operating a passenger train, according to JusticeNewsFlash.com.

The operator, Damien Whatley, was hired by MARTA in 2000 and became a train operator within the past two years. A transit customer reported Whatley to MARTA officials, claiming he was certain the train operator was not only holding his phone while driving the train, but also using it.

The MARTA rider used his own cell phone to take photos of Whatley texting and gave them to transit officials.

With such limited evidence against the employee, the maximum punishment MARTA could impose on Whatley was a three-day unpaid suspension. More evidence may become available in the accusation.

JusticeNewsFlash.com also reported that Atlanta is not the only city to experience problems with transit employees using their cell phones on the job and causing public transportation accidents. Within the last 12 months, vehicles in both Boston and California have crashed because the transit operator was text messaging on a cell phone.

According to the New York Times, Boston’s Transit Authority banned transit operators from carrying cell phones during their shifts after the texting trolley crash resulted in nearly 50 injured transit customers.

The ban also follows the fatal California commuter train crash that killed 35 people and left more than 100 passengers injured.

No national cell phone ban for public transportation workers has been suggested or implemented, though such laws for government employees as well as private citizens are being put in place in cities nationwide. Personal injury lawyers can help if you are a victim of a public transit accident.