Understanding Personal Injury Lawsuits

Posted by on Oct 20, 2015 in Personal Injury

Lots of folks are getting to be increasingly more conscious of their rights and prerogatives as free residents of the U.S. This is a good thing for it allows for citizens to act suitably and operate for themselves in cases of maltreatment or any such additional malignant behavior from another individual. The issue of personal injuries is one that makes a lot was known by itself and this is where it gets complicated as the response to these question is not merely one that is easily answered.

State, for example, that an old lady accidentally created your nose bleed after hitting you in the nose with the rear of her hand, merely because she was gesturing too animatedly. Theoretically, you can try and push charges against this woman in order to achieve favor or damages.

Many lawyers offer free consultation services before an attorney-client relationship is created, so you may understand just what you are stepping into.

As well as that pursuing legal action might cause you more stress than necessary, with regard to cases like this. There is no universal legislation that addresses this regulation and so a particular pair of laws involving injury governs every condition. Most personal injury attorneys are normally capable of understanding these differences much better than the common person would.

According to the website of the attorneys at the Hankey Law Office, the topic of personal injury is quite vague at a very bottom level as private damage just does imply any injury (physical, psychological, and/or psychological) caused upon a victim due to the inadvertent or willful carelessness of someone else may be made to reply to justice via a tribunal. However, there’s the question regarding whether or not it is worth it to pursue such a case that is lengthy.

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Dog Bites and Animal Injuries

Posted by on Jun 15, 2015 in Personal Injury

Pets and wildlife can be a wonderful part of any neighborhood, community or occupation. Interacting with animals can be very rewarding and enjoyable, yet it also comes with severe risks. Among these risks are dog bites and animal attacks. The chance that a dog or other animal will get out of control is often slim, yet can have severe consequences if it occurs. According the website of Louisville personal injury lawyers at The Sampson Law firm some of the more common consequences of a dog bite or animal attack include “severe lacerations, hemorrhaging, severe contusions, broken bones, puncture wounds, bacterial infections, and viral infections such as rabies.”

Injuries such as severe lacerations and hemorrhaging can lead to drastic blood loss which is extremely dangerous. Hemorrhaging refers to the rapid and profuse loss of blood from the body. Such injuries must be treated immediately to stave off the risk of infection and death. If these injuries are sustained, it is likely that the victim may lose consciousness.

Broken bones and puncture wounds are more long term injuries. These can take months to heal and require immediate hospitalization and treatment. These are more likely with larger animals, although caution should be taken around animals of all sizes to avoid extensive bodily injury.

It is important to take steps to act with caution around animals, including dogs. You should only approach dogs or animals that you know to be safe and well trained. Avoid wilderness areas where you are unfamiliar with the wildlife. Most importantly, always consult the owner or wildlife professional before approaching any unfamiliar dogs or animals.

Unfortunately, in many cases a dog bite or animal attack injury was preventable and occurred to the recklessness or negligence of another- often an owner or caretaker. If this is the case, certain damages may be owed to the victim of this situation.

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Complications of Gastrointestinal Bleeding

Posted by on Mar 18, 2015 in Dangerous Pharmaceuticals, Personal Injury

Gastrointestinal bleeding is a symptom of a greater medical condition. There are a number of reasons that bleeding in the gastrointestinal area may occur. Hemorrhoids, peptic ulcers, problems in the esophagus, cancer, or reactions to medication may all be causes of the bleeding.

Among the medications that are known for causing gastrointestinal bleeding is Xarelto, a blood thinner produced and manufactured by Johnson & Johnson and Bayer. The medication is used to treat deep vein thrombosis, blood clots, and hip and knee replacement patients.

The gastrointestinal or digestive tract includes a number of vital organs that bleeding may stem from. The esophagus, stomach, small and large intestine, rectum, and anus are all susceptible to tears or damage done to the lining. These are the most common reasons for injury.

Signs of bleeding may vary from microscopic to excessive or uncontrollable bleeds. There are different indicators for bleeds resulting from the upper and lower digestive tracts. Blood in vomit or stool, or secretions that resemble coffee groups generally suggest a bleed in the upper tract while black or tarry stool is often a sign of bleeding in the lower tract.

Gastrointestinal bleeding may lead to serious and sometimes life-threatening complications. Anemia or a deficiency in red blood cells and iron in the system may occur and cause chest pain, weakness, and general fatigue. The heart may also have difficulty pumping blood if there is a severe case of blood loss, called hypovolemia. In severe cases, gastrointestinal bleeding may be fatal if the patient loses too much blood.

While gastrointestinal bleeding may occur from natural causes, faulty drugs like Xarelto put patients at an unfair risk of pain and suffering. Negligent drug manufacturers should be held responsible for not releasing vital safety information to their patients and clients. If you or a loved one experienced adverse side effects after taking Xarelto, lawsuit lawyers may be able to help you become aware of your legal options. You may be entitled to compensation for medical bills and physical and emotional damage sustained.

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Injuries from Work Site Accidents

Posted by on Feb 18, 2015 in Workplace Injury

Construction sites are dangerous environments. If a worker gets hurt, the property owner or responsible party of an injury incurred can be held liable for any damages. The website of Hach & Rose, LLP, discusses the justice you can receive if you are a victim. If you have afflicted with one of the following injuries, you may be eligible for compensation.

Broken bones, brain injuries, muscle damage, heat stress, lead filled blood, eye injuries, and respiratory diseases are all ways in which workers can be harmed on construction sites. However, problems are not limited to the above mentioned. They can be life-altering, or even life-threatening, and the responsible person or persons should be held accountable for irresponsible actions incurred under their management.

Of these problems, brain injuries, respiratory diseases, and even heat stress cause long lasting affects. Brain injuries can result in paralysis, preventing someone from working in a range of professional fields. Heat stress often leads to brain, heart, or kidney damage, all of which can cause temporary or permanent sufferings. Lastly, the most common respiratory disease that comes from working on a construction site is pneumomycosis. This is a lung disease that has been caused by the presence of fungi. Furthermore, if workers are present in any environment where they inhale harmful gases, they are at the threat of contaminating their lungs with bad air.

While all preventable workplace injuries are equally infuriating, they range in seriousness that can in turn determine the level of compensation received. Regardless, when workers have been injured on the work site to a fault not their own, justice can be pursued.

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Minimizing Workplace Injuries

Posted by on Jan 5, 2015 in Workplace Injury

High modifier rates and workers’ compensation premiums are just two of the many major concerns that can easily gnaw away company time and resources due mainly either to hiring the wrong man for a certain job or offering the wrong job to a certain individual.

Injuries can be sustained anywhere, working environments included. Contrary to what many assume that offices are free from injury-causing accidents, well, guess again because records from the Bureau of Labor Statistics of the US Department of Labor show that in 2012 alone almost 3 million non-fatal workplace illnesses and injuries were sustained by the same number of employees in offices, and in industrial and construction sites.

The LaMarca Law Group, P.C., mentions on its website about 5,500 job-related deaths in the year 2007 and this is in spite of the provision of a healthy and safe working environment required of employers by the Occupational Safety and Health Administration (OSHA).

An improving economy will definitely result to mass hiring; this, however, can take a toll on many small businesses which have limited resources and which may not have a certified HR Consultant in their roster of existing employees. And though a firm may eventually draw an applicant whose expertise and skills are just what the company needs, there is no guarantee that that applicant, when hired, will enjoy the work he/she was offered, will live up to the expectations of the company, will serve the company for years, and so forth.

Surprisingly, while many firms still struggle in finding the man “rightly designed for the job,” others just seem to know exactly what to offer to whom. The real strategy employed by these firms, though, is not in having a top notch HR manager, but in getting the services of functional employment testing firms, like WorkSTEPS, to find the person who will be perfect for the job. One vital question regarding this strategy, however, is, “how effective is it?”

Taking it from the companies that saw the rationality of going to functional employment testing firms for their recruitment needs, these same companies claim of immediately feeling the benefits of their decision through significantly reduced absenteeism, employee turnover, lost time, worksite accident/injury and compensation claims, and increased production, satisfied employees and the creation of a workplace that is medically safe and compliant with legal standards.

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Product Liability

Posted by on Jan 3, 2015 in Personal Injury

Making sure that the products consumers buy are safe is one of the major tasks of the Federal Trade Commission’s Bureau of Consumer Protection. Besides this, the bureau’s other duties include:

  • Accepting and investigating consumer complaints regarding defective products
  • Putting a stop to the deceptive, unjust and fraudulent practices by business firms
  • Informing businesses and consumers about their duties, responsibilities and rights
  • Formulating and enforcing fair marketplace rules
  • Making sure that no deceptive and/or misleading labels are used by manufacturers
  • Filing lawsuits against firms or individuals found selling defective products or violating consumer rights

Sadly, however, thousands of lawsuits continue to be filed against manufacturer every year due to the harm or injury caused by their defective products. Records from the National Center for Health Statistics show more than 31 million people being injured every year due to irresponsible behavior of certain individuals and/or businesses, such as drivers, medical professionals, business owners, manufacturers, and others.

The effect of this irresponsibility is extended to the manufacture of various goods, like electronic devices, safety gadgets for children, toys, medical device, prescription drug and other pharmaceutical products, food, vehicles, tools, and many others.

On its website, the Goings Law Firm, LLC, tells of the many injuries unsuspecting consumers suffer from because of the safety hazards caused by uncaring, reckless and negligent manufacturers. Manufacturers, of course, have the legal obligation to make sure that their products are totally safe and that the labels of these products accurately identify the product’s ingredients, include all vital instructions or warnings associated with the use of the product, and never make baseless claims on what the product can do.

While there is no guarantee that those harmed or injured by defective products would receive compensation from the manufacturer of the faulty good, being represented by a personal injury lawyer can give victims better chances of having their rights fully recognized by the court and so decide on their behalf. Compensation is meant to cover costly medical treatment, lost wages and all other present and future damages resulting from the injury.

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Risperdal Side Effects

Posted by on Dec 31, 2014 in Dangerous Pharmaceuticals

Bipolar disorder (or manic-depression) and schizophrenia are two serious mental disorders suffered by millions of Americans. In 2011 more than 54 million antipsychotic drug prescriptions were actually written for patients; 23% of these prescriptions were Risperdal.

Risperdal was developed by Janssen-Cilag (a Johnson & Johnson subsidiary) in 1992. This anti-psychotic oral drug was, in turn, approved by the US Food and Drug Administration in 1994 for treatment of bipolar disorder, schizophrenia and irritability experienced by children with autism.

Risperdal was advertised by its manufacturer as causing lesser side-effects compared to all the other anti-psychotic drugs that came before it, thus, it immediately gained popularity among US doctors. And because it was also proven effective, doctors started prescribing it for off-label use, specifically as treatment for attention deficit disorder (ADD) in children, behavioral disorders (in elders with dementia), Tourette syndrome, obsessive-compulsive disorders, depression, stuttering and anxiety.

Risperdal’s effectivity was mainly due to its capability to alter the effects of the brain’s neurotransmitters, which cause abnormal brain communication that result to psychotic illness. In 2003, however, after a decade in the market, reports of severe side-effects and deaths being linked to Risperdal started to surface. These reports included: Tardive Dyskinesia, which is the uncontrolled twitching of the tongue and/or face and uncontrolled limb movement because of a disorder in the central nervous system; development of Neuroleptic Malignant Syndrome or NMS, a deadly state caused by irregularities in blood pressure and rigidity of the muscles); and, incidences of strokes and death. During this same year, Johnson & Johnson sent a warning letter to U.S. physicians, telling them of the risk of stroke in elderly patients who used the drug.

Eventually, Risperdal was said to be causing more harm than good. In a study that was published in the Journal of Clinical Psychopharmacology in 2006, it was said that prolonged use of the drug by male children and adolescents can also result to gynecomastia, known informally as “man boobs.”

The law firm Williams Kherkher says in its website that there are many other side-effects linked to Risperdal. Some of these are gynecomastia, bone loss (demineralization), galactorrhea, sexual dysfunction, diabetes, high blood sugar (hyperglycemia), tardive dyskinesia (involuntary movement), pancreatitis, arrhythmia, increased risk of death among elderly people suffering from dementia, and so forth.

People harmed by Risperdal have the right to file a legal case against the drug’s manufacturer for the justice and compensation they are legally allowed to receive. It is, however, important to be represented by a highly qualified lawyer for the greater chance of gaining the favor of the court.

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Truck Accidents due to Truck Defect and Malfunction

Posted by on Dec 29, 2014 in Automobile Accidents, Personal Injury

Adequate knowledge and skills are required for a person to be legally allowed to drive a commercial motor vehicle (CMV), like a bus and a tow truck, but, most especially, a truck, also called a big rig or an 18-wheeler. Trucks are normally 70 feet long and about 40 tons or 80,000 lbs. heavy, thus, acting as potential threats to the many other smaller vehicles these share the road with.

The Commercial Motor Vehicle Safety Act of 1986 mandates that only qualified drivers are issued a commercial driver’s license, while those who are unsafe or unqualified are removed from the road; this is to help ensure road safety at all times. Adherence to the Act is enforced by the Federal Motor Carrier Safety Administration (FMCSA) of the US Department of Transportation. Besides this, the FMCSA also implements other rules that will help reduce the likelihood of truck accidents, such as the 11-hour maximum driving time, which is part of a truck driver’s 14-hour duty. This maximum driving time regulation includes a 10 consecutive hour off-duty period to make sure that drivers do not suffer from fatigue or sleepiness whenever they get behind the wheel.

With truck driver fatigue effectively addressed, the Department of Transportation is able to focus on other factors that are equally considered vital to road safety: truck defect and malfunction, specifically brake malfunction. This is because brake failure has been identified as another major cause of accidents involving trucks, accidents that usually result to severe injuries or fatal consequences. Factors that constitute a brake failure include brakes suffused with grease or oil, thin or worn out brake pads, overheated brakes, or worn tires.

Where trucks or 18-wheelers are concerned, brakes are among their most important functions. To keep these vehicles’ braking systems safe and efficient the federal government has created standards to which manufacturers must strictly comply. Federal standards require that a braking system must allow a truck to decelerate until it comes to a full stop at a rate specific to its size and a force based on its weight. Failure to meet federal standards can result to something that is much worse than just violating government rules; it could lead to a catastrophic road accident that can seriously injure some individuals and kill others.

Due to the major contribution trucks provide the nation’s economy it is impossible to avoid sharing the road with these. However, because of the many integrated mechanical and computer systems that these utilize, any defect or malfunction may possibly result to an accident, which can easily and completely alter the life of the victim and his/her family. Thus, in the event of an accident, it is absolutely advisable that the victim get in touch with a Texas truck accident lawyer immediately for the legal actions that he/she has the right to take as well as to make sure that he/she receives the full amount of compensation that will cover all present and future damages resulting from the accident.

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Abuse in Nursing Homes

Posted by on Dec 28, 2014 in Nursing Home Abuse

When age or a certain physical condition starts to require regular care and extra time that other family members can no longer provide due to work and/or other valid concerns, these members, with the consent of their aged or sick loved one, rather decide to seek out a nursing home, which can (and should) provide the quality care needed by the aged or physically disabled individual. Though a hard decision to make, families are often forced to house their loved ones in nursing homes because they are certain that in these institutions, quality care, through mindful physical and medical treatment, will be provided.

On its website, law firm Habush Habush & Rottier S.C. ® states that nursing homes should be places where the elderly can feel safe and provided with the full care that they need; however, the firm is also aware of the many physical abuses that often lead to serious injuries or even death committed in many nursing homes in the US.

Recent studies (conducted by staff from the Special Investigations Division of the House Government Reform Committee) show that between January 1999 and January 2001 about 9,000 instances of abuse in 5,283 nursing home facilities have been committed. The abuses (or lack of care) were actually acts resulting to dehydration, inadequate medical care, inadequate sanitation and hygiene, preventable accidents, untreated bedsores, malnutrition and so forth. The number of abuses specified, does not include minor incidents, though, such as a resident slapping a co-resident – a minor harmful act but which federal regulations require to be reported.

As of May 2014, the Centers for Disease Control and Prevention recorded 16,100 nursing home facilities in the US. These houses more than 1.5 million elders, physically or mentally incapacitated individuals and persons needing rehabilitative therapies due to an illness or an accident. Though some of the reported abuses were committed by the victims’ co-residents, majority were performed by nurses and/or staff, who may have very well been over-worked and tired, lacking in training, or unqualified. But no matter what the reason is, nursing home abuse is a crime for which the abuser may be found guilty criminally and civilly.

Adding to the past reported cases of abuses against nursing home residents (these cases include financial, emotional, verbal, physical and sexual abuses), a new growing concern of the federal government is the oversedation or overmedication of patients with antipsychotic drugs (approved by the FDA for people suffering from bipolar disorders or schizophrenia). These drugs are being given regularly to patients suffering only from Alzheimer’s or other forms of dementia. To medical experts, and especially to the FDA, this “chemical restraint” resorted to by some staff and nurses to retrain residents from the effects of dementia attacks can lead to severe injuries or deadly results; despite this, the FDA says that this type of treatment remains to be given to about 300,000 nursing home residents.

Some individuals sustain injuries due to their own carelessness or mistakes; others, however, are due to someone else’s reckless or negligent behavior. Injuries of this type are called personal injuries and, according to the website of the Habush Habush & Rottier S.C.®, people who suffer these are allowed by the law to seek legal action against the liable party for compensation.

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