Posted by Frankie on Oct 17, 2014 in Injury Lawsuits | 5 comments
Auto accidents happen every day in the US. In fact, nearly 4 (3.8) people died every day in auto accidents in the US in 2012, and that does not include the number of people that had been injured but survived.
It is a grim thought that every day in the US, four people will die unexpectedly. Except perhaps for psychics, people generally get into their vehicles believing that they will arrive at their destination safely. It is probably even worse for those who survive but end up seriously injured, even permanently disabled. They face weeks, months, maybe even years of surgery, rehabilitation, and recovery, and for some the costs can literally break them.
What makes it even more tragic is that many of these auto accidents are preventable. As discussed in the website of law firm Pohl Berk, negligent and reckless acts play a big part in causing these accidents, and the victims or their families may be able to get some compensation for their injuries and losses. But who is to blame?
The first party that comes to mind is the at-fault driver, and in some instances this is fully justified. Driver error accounts for many preventable accidents. However, it may not always be as clear-cut as that. Sometimes auto accidents happen because the vehicle of the at-fault driver malfunctioned. It could be a defective tire, a substandard ignition system, or faulty brakes. When the defective vehicle rather than the driver is to blame, everybody is a victim, but pinpointing the culprit can be difficult. It could be the auto maker, the parts manufacturer, the mechanic, the distributor, or the retailer, depending on the circumstances.
It would take significant resources to fully investigate an auto accident which may have been caused by negligence of some type. If you have been seriously injured or an immediate family member killed in a suspected negligent auto accident, you may be able to share the burden of the consequences. Consult with an experienced auto accident lawyer in your area for advice and assistance.
Posted by Frankie on Aug 25, 2014 in Injury Lawsuits | 4 comments
Have you exhausted yourself trying to figure out how to find the right attorney? You can find one if you know what you’re looking for. This article can help you with that as you navigate your way through all of your options. Keep reading to find out more about this.
When you think about hiring a specialized lawyer, do you worry about the associated increase in fees? Well, what are you willing to pay for a positive outcome? Consider the cost of losing! Also consider that the savings in time of a specialist over a generalist will save you money, lowering the total bill.
If you already have a great lawyer, ask them for advice. They can either tell you that they can take on your case, or point you in the direction of a lawyer who will help you out. When you already have a lawyer you trust, there is no reason to search out advice elsewhere.
Do not pick a lawyer because you saw their ad on television or on a billboard. Many big firms that can afford this type of advertising use lawyers that are fresh out of school for most of their cases, but charge you for the experience held by its highest lawyers.
It is not a bad idea to speak up if your lawyer does or says anything you don’t understand, according to information from Pohl and Berk. They should be more than happy to explain anything to you, from what a fee is for to a document they’re having you sign. If your lawyer doesn’t want to talk about anything related to your case, drop them immediately.
Use the information you’ve just digested to help you find the right attorney for your case. You want to win your case, and you don’t want to take this decision lightly. Keep everything you’ve learned in mind as you find the lawyer that you can trust to help you through this time.
Posted by Frankie on Aug 4, 2014 in Driving | 0 comments
When you rent a limo, you expect that not only is the vehicle clean, comfortable, and with the usual amenities but also an expert driver. Because limousines are usually larger than the usual, it requires a specific skill set for drivers to operate the vehicle properly to provide a smooth and stress-free ride. This includes a thorough knowledge of the relevant area to avoid problem areas, a good instinct for navigating in traffic, and the ability to think and react quickly and constructively.
But that’s not all of it.
The typical limo rider expects more than to be driven to and from a destination. If that was all, it would be far less expensive to simply call a cab. A limo is used when a luxurious experience is desired, so the driver should have the social skills to appropriately respond to interactions with passengers of all types. This often requires a good degree of self-control, an even temper, good humor, and intelligence. Often, a limo driver has to drive for people who may require some safety and security measures, so a limo driver should also be alert for signs of trouble.
A limo driver should also look professional. According to the website of Capital City Limousine, too many limo rental companies cut corners by providing their customers with unqualified and unprepossessing drivers. A good limo rental company will provide drivers who not only look sharp and professional, but who are also trained to drive in the same way.
When renting a limo, you should not only consider the price. You have to consider that you get what you pay for, so if you pay cut-rate prices, expect cut-rate services. For the best limo experience, find a reputable service that guarantees the quality of their vehicles and drivers. Nothing exudes luxury more than a smartly-dressed chauffeur opening the door of a gleaming stretch limo to whisk you off.
Posted by Frankie on May 8, 2014 in Injury Lawsuits | 0 comments
Yaz and Yasmin are two oral contraceptives most recommended by doctors around the world. While both products came from Berlex, Inc., USA, an affiliate of Schering AG (from Germany), Yasmin was introduced in 2001, five years earlier than Yaz (Berlex Inc. is now part of Bayer Healthcare Pharmaceuticals, after Bayer acquired Schering AG in 2007).
Yaz, in particular, gained the U.S. Food and Drug Administration’s approval on March 16, 2006. The pill is known to prevent pregnancy more effectively than any other oral contraceptives; it works by preventing eggs to evolve, leaving the sperm without any egg to fertilize. Besides preventing pregnancy, Yaz was also recognized as an effective solution to moderate acne and bloating. Furthermore, it offered great relief to women experiencing anxiety and depression due to premenstrual dysphoric disorder (PMDD) and premenstrual syndrome (PMS).
Yaz contains 24 active pills (that is hormone-induced pills) and only four inactive or palliative pills; other oral contraceptives have a 21 active and 7-inactive (placebo)-pill content. The purpose of the 24 active pills is simply to boost the amount of synthetic hormones (in the user) during the month-long regimen; the inactive or palliative pills are intended to reduce upsetting symptoms during, or days immediately before, monthly periods.
The greatest advantage of Yaz over other oral pills, though, is drospirenone, which is the more developed form of synthetic progesterone. Drospirenone is known to: ease menstrual-related symptoms, like water retention; potentially lessen low-density lipoprotein levels, blood pressure, and body weight; and, increase high-density levels of lipoprotein.
The popularity of Yaz was greatly affected, though, by a research conducted by Health Canada in the mid of 2013 that led to the discovery of the death of Canadian women between the years 2007 and 2013 (during these same years, more than 600 cases of Yaz or Yasmin adverse effects were recorded). These 23 Canadians, who have either taken Yaz or Yasmine and whose ages fell between 14 and 44, were said to have died suddenly, due to clotting of blood in the lungs (pulmonary embolism), heart attack, or cerebral thrombosis (blood clotting which blocked the supply of blood to the brain), after months of birth control pill use.
The National Injury Law Center mentions in an article posted in its website that in 2011 the FDA had an investigation conducted to evaluate further the safety of Yaz. Earlier than this, in 2009, the agency had already requested Bayer to include in the drug’s label the greater risk of developing blood clots in women who take it.
By July of 2013, the number of lawsuits filed against Yaz’s manufacturer has already exceeded 10,000; Bayer is also said to have paid about $1.4 billion in settlement, the claimants numbering to 6,760. Despite these, no recall of Yaz has been made yet – all due to the belief that its benefits still outweigh the risks.
Posted by Frankie on Apr 1, 2014 in Cerebral Palsy | 2 comments
Cerebral palsy (CP) is an umbrella term used to identify a group of chronic paralyses, a disorder that affects the control of movement resulting from damage during the development of the brain. Cerebral palsy usually develops in children between the ages 2 and 3 and is known as a non-progressive disorder. This means that the damage in the brain does not progress or worsen as the child grows up. However, the symptoms of cerebral palsy do change over time, mainly due to the brain damage, and this is the leading cause of chronic childhood disability.
There are different types of cerebral palsy, all depending on the areas of the brain that is affected. Doctors who specializes in cerebral palsy approach the condition in varying light, thus it could be difficult to truly determine the type of cerebral palsy a child has. One of the ways that medical professionals categorize the types of cerebral palsy is through the condition’s level of severity.
Cerebral palsy can be classified through its level of severity, it being mild, moderate, severe, and no CP. These are often broad definitions that need to have specific criteria. A child may have mild cerebral palsy if he or she does not require assistance when moving and when his or her everyday activities are not limited. Moderate cerebral palsy are seen in those who require braces as well as medications and adaptive technology to help accomplish daily tasks. Children with severe cerebral palsy exhibit significant challenges in performing everyday tasks and need to be in a wheelchair to move about. Those who have no CP means that although signs of cerebral palsy are present, the condition was determined to be acquired after the brain has fully developed and could therefore be classified as caused by traumatic brain injuries or other outside incidents.
Presently, cerebral palsy still needs further research and studies in order to fully determine the causes as well as understand how it can be treated. Birth injuries are among the most common believed cause of cerebral palsy, although there are many others. Despite cerebral palsy only being a neurological disorder, secondary conditions could complicate the growth and development of the child, making it a serious condition.
Posted by Frankie on Mar 28, 2014 in Insurance | 0 comments
For first-time drivers, getting car insurance can be a bit daunting, and the cost of car insurance seem too much for new drivers to afford. High car insurance premiums is the leading reason for why first-time driver prefer not to get car insurance, but this could be a big mistake on their part. What first-timer drivers should understand is that car insurance companies charge them in with higher premiums because statistically, young and first-time drivers are more likely to get involved in an accident, making them high-risk clients.
For the already overwhelmed first-time drivers who wish to get car insurance, there are basically four factors that they should keep in mind: the minimum liability in your state, the basic type of additional coverage, picking out the right deductible for the insurance, and shopping and comparing car insurance quotes. As with any state law, there are key differences when it comes to the minimum liability for car insurance. There are two types of liability insurance: first the property damage insurance that would cover the damages done to another person’s property after a car accident, and the bodily injury insurance that would pay for injuries endured after the car accident. Although the state does require the driver to have at least the minimum liability insurance, they can hardly cover for the damages, particularly for serious accidents. It would therefore be safer to consider getting a higher car insurance policy.
Next, know the different kinds of additional coverage that can be added to your car insurance policy. Among the most important ones are the underinsured and uninsured coverage, which could come handy when you get involved in a car accident with someone who have no car insurance or does not have enough to cover for your expenses. Additionally, a Personal Insurance Protection would help cover for the medical expenses that you will endure in an event that the other driver does not have enough to pay for the hospital bills.
A car insurance deductible is the amount you have agreed to pay out of your pocket once a car accident happens. Having a higher deductible could lower your car insurance premiums, but it could cause heavier costs should a serious car accident occurs and you are left with little insurance. Lastly, compare insurance quotes. Companies such as Insure on the Spot, which is based in Chicago, know how important it is (especially for first-time drivers) to have as many options as they can get regarding car insurance. There are options of going online or getting hold of the Insurance Department in your state to ask about insurance quotes, since this would help you in deciding which ones you would get your car insurance.
Posted by Frankie on Mar 24, 2014 in Injury Lawsuits | 1 comment
For people who have been injured due to dog bites, the dogs’ owners can be held liable for the injuries. Any injuries or damages to the property done by the dog can be reasons for the dogs’ owner to be sued. Settlement can be pursued without the help of a lawyer, but most of the time the injured party often files for a personal injury lawsuit against the owner of the dogs. Filing a personal injury lawsuit would help in making the owner liable for the full extent of the damages and/or injuries that the incident has done; likewise, it helps in keeping the insurance companies to move on the lawsuit.
Filing for a personal injury lawsuit for dog bites is only necessary if you have a valid case and when the possible result of the case is worth the time and money you have put into it. There are certain differences between states on how they approach or handle dog bites in personal injury cases. In the state of Texas, for example, follows the two-year statute of limitations for personal injury lawsuits. Failure to file a case within the two-year period will forfeit your right for compensation, and the court will not hear your case on court.
Additionally, statues that include civil liability regarding dog bites are not followed in the state of Texas. Instead, Texas courts follow the Restatement of Torts section 509 that adopts the “negligence” or “one-bite rule” where the victim should be able to prove that (1) the dog’s owner was aware of the dog’s nature to bite and had acted aggressively before and (2) the negligent actions of the owner to restrain or control their dog resulted to the injuries or damages.
According to the website of the Law Offices of Vic Feazell, P.C., of Austin, negligence rules can be applied to dog-related injuries, such as being knocked over by a large dog that resulted in significant injuries. There are exceptions to the rules, however, such as if the dog was being provoked or if the owner did not really know the aggressive nature of their dog. Likewise, the law does not apply to trespassers.
Posted by Frankie on Mar 22, 2014 in Employment Law | 2 comments
The threat of negligent hiring litigation is a very real threat, not only for the potential employee, but most importantly for the company. Any employer or company runs the risk of being in the wrong end of a lawsuit following negligent hiring practices. When companies or employers are aware that an employee is unfit for the job or duty but hired them, which then resulted to the employee being injured during employment, then the company or employer can be held liable for negligent hiring.
The principle of negligent hiring centers on the idea that every employer has the duty protects their clients and employees from injuries that could be caused by their employees. Protecting the employees as well as “third parties” from any possible negative acts of an employee is part of an employer’s responsibility, thus when the employer hired someone without first conducting any background checks they are liable for negligent hiring.
Conducting pre-employment screening and testing is a must for companies, regardless whether it is a small or big company. According to WorkSTEPS, conducting a pre-employment screening and testing could greatly reduce incidents of abuse and fraud, provide a safer work environment, increase the productivity, and even lower the modifier rates and Worker’s Compensation premiums. Anything that the potential applicant is lacking to qualify for the open job position will be shown when pre-employment screening and testing is done before the hiring. This could potentially save the business from unnecessary lawsuits and preventable accidents.
Any business lawyer will know that protecting the company from potential lawsuits begins with proper background and reference checks. Moreover, different states has their own laws regarding the whole employment process, therefore business lawyers advise that employers follow state laws regarding the whole hiring process if they want to avoid legal issues such as negligent hiring or wrongful termination lawsuit, among others. Any legal issues that will be put against an employer by their employee can be bad for business, and could potentially make or break the company. If the employer wishes to avoid such legal problems, then proper pre-employment screening and testing (in accordance to the law) would be the best answer.
Posted by Frankie on Mar 20, 2014 in Injury Lawsuits | 3 comments
Most people think that getting press on their medical malpractice lawsuits would be enough to help win the lawsuit, but this is not always the case. Although there has been a lot of news regarding people filing for medical malpractice lawsuits as well on product recalls. These are often only about those who won their medical malpractice lawsuits. More often than not these verdicts result in the defense (the doctor or hospital) winning the case.
Among the most challenging things in a medical malpractice lawsuit is proving the doctor or hospital’s negligence and convincing the judge or jury about this negligence. The patient (or the patient’s family, in case of a negligent death) should be able to prove in court that negligence caused the injuries or death of the patient. This negligence can come in the forms of errors in prescription medications, mistakes with anesthesia dosages, or surgeries, delayed treatments, patient confusion, or poor medical staff communication. Unless the judge or jury sees that the doctor or hospital made a very obvious mistake, doctors or hospitals are often given the benefit of the doubt, acquitting them of negligence.
This is where the need to find a qualified medical malpractice lawyer becomes necessary. Medical malpractice is different from a standard personal injury case. As the website of Crowe & Mulvey LLP of New Hampshire suggests, medical malpractice lawsuits are a specialized area of personal injury law. If you want a strong lawyer as legal representative for your medical malpractice lawsuit, find someone who is disciplined in medical malpractice cases and is able to deal with the complicated nature of medical evidence. Next, it is vital to ensure that you hire a medical malpractice lawyer because most insurance companies will not negotiate a settlement when they believe that the lawyer does not have enough experience in medical malpractice cases.
Another factor that should be considered is the hesitation of doctors or hospital staff to testify against their fellow medical practitioner, therefore making them unavailable witnesses. Qualified medical malpractice lawyers, on other hand, have their team of qualified doctors who can become witnesses on their behalf. Lastly, because they are more familiar with these doctors and this type of cases, medical malpractice lawyers have the financial resources to back up their clients in need.