Seat belts play a central role in protecting motor vehicle occupants during accidents. And mandatory seat belt usage laws have fortunately greatly increased the number of Americans currently wearing seatbelts. Yet for every five people killed in motor vehicle accidents in the U.S., three would have survived had they been wearing their seat belts.
During an accident, seat belts restrain the occupants and prevent them from being ejected from the vehicle. They also provide a controlled “ride down” of the violent forces acting on a motor vehicle's occupants during a collision.
But if a seatbelt is not properly worn, or if it, or any of its components fail during an accident, serious injuries and death are likelier to result. And while seat belts should always be worn in a motor vehicle, in rare cases a defective seat belt can exacerbate or even be the cause of injuries during an accident.
In any event, we count on seatbelts to provide us with a certain measure of protection during an auto accident. A seat belt that fails to do so because of a design or manufacturing defect makes the resulting injuries or fatalities all the more tragic. The more common seatbelt defects and seatbelt-related causes that have led or contributed to motor vehicle accident injuries and fatalities include:
* Faulty tension relieving device and excessive belt slack—seatbelt systems that include a device allowing for slack on the shoulder belt can sometimes fail to retract the belt after the occupant has moved forward, resulting in permanent slack. Many of these devices retract the belt after the occupant tugs on the belt after having moved forward. But an accident can take place while the belt is in the temporarily slacked state. The resulting slack, whether temporary or permanent, can result in head, facial or abdominal injuries and spine fractures during an accident.
* Shoulder belt spool out—a incident also known as “skip lock” occurs when a belt fails to lock or locks up late in the accident sequence. When seatbelt systems in which the seatbelt is designed to lock when the vehicle exceeds a specified level of deceleration experience skip lock, unnecessary head and spinal injuries may result.
* Defective buckle and inertial unlatching—many types of seat belt buckles can release during impact and open. The inertial force of the forward movement of the occupant is transferred to the spring of the buckle, which releases the tension on the latch plate. This can happen even during relatively weak impacts, and when the buckle releases, the occupant is subjected to the same dangers as he or she would of had the seatbelt not been worn at all.
* Defective buckle and unintentional or inadvertent unlatching—some seatbelt buckles have been shown to false latch, partially unlatch, inadvertently unlatch, fail under a load, become inoperative, or not latch at all. One example includes the GEN 3 buckles that are contained in 1993-2002 Chryslers. The release buttons are raised above the covers, subjecting them to accidental release during a collision. Another example is that of Takata buckles, which were used in nine million cars, trucks and SUVs of various makes between 1986 and 1991. The buckles' release buttons have been known to crack or break with the application of relatively weak impacts or forces.
* Lap belt only seatbelt—many rear seats, center seats and even front seats in older vehicles are equipped with lap-only seatbelts. By failing to restrain the upper torso such as with three-point diagonal shoulder belt system, lap-only seat belts can result in fatal internal injuries, facial fractures, spinal damage, brain damage and death when worn in an accident. The National Transportation Safety Board has concluded that lap-only belts can actually induce injury, ranging in severity from minor to deadly due to jack knifing. While the auto industry has been aware of this for decades, rear seat shoulder belts were not used until the late 1980s, so many vehicle still contain lap-only seatbelts in the rear and center seating positions.
* Improperly used passive restraint system—automatic belts were introduced in part as a less expensive way to counter proposed airbag requirements by the U.S. Department of Transportation (DOT) in the late 1960s. The first automatic seatbelts had automatic shoulder belts, but no lap belts. In frontal collisions, occupants' torsos tended to slip under the belt while their heads and necks became caught by the belt, causing broken necks, spinal cord injuries and deaths. Manual lap belts was later included, but many occupants forgot to use them or were even aware they were there.
* Door mounted automatic belts with lap belts—some manufacturers introduced belt systems in which included lap belts. The systems were mounted to the structure of the door or door frame. But the system adversely limited the geometry of the design, and if the door opened during an accident, passengers were left unrestrained and often ejected from the vehicle.
Wednesday, April 29, 2009
Defective Fuel Systems Lawyers
While fires occur in about 0.1 percent of traffic accidents, they are the cause of fatalities in nearly three percent of accidents. Most fires in auto accidents begin when fuel from a vehicle contacts an ignition source. And one of the major causes of fuel leakage after a motor vehicle collision is a defective fuel system.
Fuel leakage that increases the risk of fire in auto accidents usually originates in ruptured fuel tanks and fuel lines. But there are many kinds of defects that can compromise the integrity of fuel systems, including:
* Poor placement of fuel tanks and fuel lines (especially tanks placed between an automobile's bumper and axel)
* Faulty and unprotected gas tank designs
* Defective or inadequate fuel line materials
* Defective welds
* Cruise control malfunctions
* Side-saddled tanks outside of the vehicle's, usually a truck's, frame
* Lack of, or poorly designed, emergency shut-off values
Fuel leakage that increases the risk of fire in auto accidents usually originates in ruptured fuel tanks and fuel lines. But there are many kinds of defects that can compromise the integrity of fuel systems, including:
* Poor placement of fuel tanks and fuel lines (especially tanks placed between an automobile's bumper and axel)
* Faulty and unprotected gas tank designs
* Defective or inadequate fuel line materials
* Defective welds
* Cruise control malfunctions
* Side-saddled tanks outside of the vehicle's, usually a truck's, frame
* Lack of, or poorly designed, emergency shut-off values
Defective Cruise Control Lawyer
A cruise control system is a modern convenience that automatically maintains the same speed of an automobile. In long drives through sparsely populated roads, using a cruise control system usually results in better fuel efficiency. It can also help some drivers who are prone to increase their speed over long stretches to avoid speeding tickets.
There are, however, some disadvantages to using cruise control. The vehicle may go over its cruise control setting, for instance, on a downhill steep enough to accelerate the vehicle despite an idling engine. A skillful driver may also be able to achieve even greater fuel efficiencies by taking the approaching terrain into account. Not having to maintain constant pedal pressure can contribute to inducing highway hypnosis. And stepping on the brake to disengage the cruise control on wet or ice-covered roads can cause the driver to lose control of the vehicle.
But when a cruise control system is defective, the potentially catastrophic, if not fatal consequences to the unsuspecting occupants of the vehicle are all the more tragic. Many cruise control accident investigations have led to a malfunction in the vehicle's computer as the cause. But while a few cases of sudden unintended acceleration have been blamed on driver error, the vast majority of cruise control accidents are now attributed to faulty workmanship and design by auto manufacturers.
A recent example of a cruise control failure that led to personal injury litigation involved the vehicle of a family on a road trip. With the cruise control engaged, the car began to accelerate on its own, quickly reaching 90 miles per hour before crashing and rolling over. The family was ejected from the vehicle and suffered a range of serious injuries from spinal fractures, paraplegia, quadriplegia, brain damage, and death. It was subsequently found that poorly designed speed control sensors and wiring had led to the vehicle's sudden acceleration.
The Ford Motor Company recently announced a recall of 3.6 million vehicles over reports that cruise control deactivation switches did not respond in some cases. The recall is to cover over a dozen models of passenger cars, trucks, and sport utility vehicles built from 1992-2004. Previously, the automaker had recalled nearly six million vehicles over concerns of reports that the cruise control switch had caused fires.
Vehicles with design problems that have led to cruise control accidents and other problems include:
* 1992-1997 BMW
* Chevrolet Caprice and Chevrolet Van
* Ford (various models including Aero Star mini van, Crown Victoria, Explorer, F150 pickup and Taurus)
* Lincoln Town Car and Mark VII
* Mercedes Benz
* Oldsmobile Cutlass Supreme
* Toyota Corolla
* Yamaha Motorcycles
There are, however, some disadvantages to using cruise control. The vehicle may go over its cruise control setting, for instance, on a downhill steep enough to accelerate the vehicle despite an idling engine. A skillful driver may also be able to achieve even greater fuel efficiencies by taking the approaching terrain into account. Not having to maintain constant pedal pressure can contribute to inducing highway hypnosis. And stepping on the brake to disengage the cruise control on wet or ice-covered roads can cause the driver to lose control of the vehicle.
But when a cruise control system is defective, the potentially catastrophic, if not fatal consequences to the unsuspecting occupants of the vehicle are all the more tragic. Many cruise control accident investigations have led to a malfunction in the vehicle's computer as the cause. But while a few cases of sudden unintended acceleration have been blamed on driver error, the vast majority of cruise control accidents are now attributed to faulty workmanship and design by auto manufacturers.
A recent example of a cruise control failure that led to personal injury litigation involved the vehicle of a family on a road trip. With the cruise control engaged, the car began to accelerate on its own, quickly reaching 90 miles per hour before crashing and rolling over. The family was ejected from the vehicle and suffered a range of serious injuries from spinal fractures, paraplegia, quadriplegia, brain damage, and death. It was subsequently found that poorly designed speed control sensors and wiring had led to the vehicle's sudden acceleration.
The Ford Motor Company recently announced a recall of 3.6 million vehicles over reports that cruise control deactivation switches did not respond in some cases. The recall is to cover over a dozen models of passenger cars, trucks, and sport utility vehicles built from 1992-2004. Previously, the automaker had recalled nearly six million vehicles over concerns of reports that the cruise control switch had caused fires.
Vehicles with design problems that have led to cruise control accidents and other problems include:
* 1992-1997 BMW
* Chevrolet Caprice and Chevrolet Van
* Ford (various models including Aero Star mini van, Crown Victoria, Explorer, F150 pickup and Taurus)
* Lincoln Town Car and Mark VII
* Mercedes Benz
* Oldsmobile Cutlass Supreme
* Toyota Corolla
* Yamaha Motorcycles
Defective Car Seat Attorney
While there is a myriad of regulations addressing the safety of seatbelts and airbags, the National Highway Traffic Safety Administration (NHTSA) has not significantly updated seatback strength requirements since 1967. This belies the fact that seats and seatbacks are actually an integral part of a vehicle's safety system.
The auto industry has known for decades that even at speeds as slow as 25 miles per hour, seat and/or seatback failures have significantly contributed to serious injuries and fatalities in auto accidents, especially those involving rear-end collisions. Nearly every major auto manufacturer in the United States and abroad has been accused in a court of law of manufacturing unsafe seats and seatbacks.
Bucket seat seatbacks in certain car models have been particularly cited for bending or collapsing and causing injuries in rear-end collisions. The risk for injury is especially high for shorter adults or children who sit in the rear behind an occupied front bucket seat. Seat and seatback failures that have been known to have caused injuries and fatalities in auto accidents include:
* Defectively flimsy front seatback bends during impact, allowing the heads of the occupants in the front and back seat to collide with each other
* The mechanism holding up the back of a bucket seat breaks, causing the seat to collapse and the passenger to fall backwards violently
* Collapsing seatback results in passenger being thrown away from the safety of airbags and seatbelts
* Passenger is ejected from car or driver loses control
* Occupants are thrown around the car, making it difficult for them to get out of the car after an accident
* Seat ramp is improperly designed or does not slant upward, diminishing the chance that the passenger remains in his or her seat in the event of an accident
* Seat is torn from the car during impact because it was not attached according to government requirements
The auto industry has known for decades that even at speeds as slow as 25 miles per hour, seat and/or seatback failures have significantly contributed to serious injuries and fatalities in auto accidents, especially those involving rear-end collisions. Nearly every major auto manufacturer in the United States and abroad has been accused in a court of law of manufacturing unsafe seats and seatbacks.
Bucket seat seatbacks in certain car models have been particularly cited for bending or collapsing and causing injuries in rear-end collisions. The risk for injury is especially high for shorter adults or children who sit in the rear behind an occupied front bucket seat. Seat and seatback failures that have been known to have caused injuries and fatalities in auto accidents include:
* Defectively flimsy front seatback bends during impact, allowing the heads of the occupants in the front and back seat to collide with each other
* The mechanism holding up the back of a bucket seat breaks, causing the seat to collapse and the passenger to fall backwards violently
* Collapsing seatback results in passenger being thrown away from the safety of airbags and seatbelts
* Passenger is ejected from car or driver loses control
* Occupants are thrown around the car, making it difficult for them to get out of the car after an accident
* Seat ramp is improperly designed or does not slant upward, diminishing the chance that the passenger remains in his or her seat in the event of an accident
* Seat is torn from the car during impact because it was not attached according to government requirements
Defective Automobile Door Latch Lawyers
A door latch may seem to be a relatively unimportant auto part. In fact, it is an integral component of an automobile's safety systems. Not only can a door latch failure compromise the structural integrity of an automobile, it is the likeliest cause of occupant ejection during an accident. The likelihood of suffering a serious injury or death increases considerably when one is ejected from an automobile during an accident.
An automobile occupant who is ejected during a rollover accident, for instance, risks striking a tree or being crushed by his or her own vehicle, often resulting in broken bones, spinal, or head injuries. This type of eventuality could have been and can be prevented with properly functioning door locks and latches.
But for a victim of such an auto accident to prove that the automaker improperly manufactured or designed the car door or door latch is quite another matter. In order to receive compensation in a lawsuit, the following elements may need to be proven:
* The door latch failed during the accident
* The door latch failed to meet National Highway Transportation Safety Administration (NHTSA) crashworthiness standards
* The door failed as the result of a weak or malfunctioning door latch
* The door failure caused you or your loved one a serious or fatal injury
Several automakers are facing lawsuits for improperly designed or manufactured door latches responsible for causing serious injuries in auto accidents. About 100 people have been injured or killed after being ejected from GM vehicles whose "type III" door latches failed. Mitsubishi Motors has been found to have omitted evidence regarding door latch failures in its vehicles. Chrysler has settled cases involving defective door latches.
More notably, from 1997 to 2000, the Ford Motor Company equipped F-150 and F-150 trucks, Expeditions, and Lincoln Navigators with substandard door latches made by Donnelly Corp. A recall was scheduled for March, 2000 so that the torque of the latch springs could be increased. The recall was not only subsequently cancelled, owners of vehicles with the defective door latches were not notified of the potential hazard.
An automobile occupant who is ejected during a rollover accident, for instance, risks striking a tree or being crushed by his or her own vehicle, often resulting in broken bones, spinal, or head injuries. This type of eventuality could have been and can be prevented with properly functioning door locks and latches.
But for a victim of such an auto accident to prove that the automaker improperly manufactured or designed the car door or door latch is quite another matter. In order to receive compensation in a lawsuit, the following elements may need to be proven:
* The door latch failed during the accident
* The door latch failed to meet National Highway Transportation Safety Administration (NHTSA) crashworthiness standards
* The door failed as the result of a weak or malfunctioning door latch
* The door failure caused you or your loved one a serious or fatal injury
Several automakers are facing lawsuits for improperly designed or manufactured door latches responsible for causing serious injuries in auto accidents. About 100 people have been injured or killed after being ejected from GM vehicles whose "type III" door latches failed. Mitsubishi Motors has been found to have omitted evidence regarding door latch failures in its vehicles. Chrysler has settled cases involving defective door latches.
More notably, from 1997 to 2000, the Ford Motor Company equipped F-150 and F-150 trucks, Expeditions, and Lincoln Navigators with substandard door latches made by Donnelly Corp. A recall was scheduled for March, 2000 so that the torque of the latch springs could be increased. The recall was not only subsequently cancelled, owners of vehicles with the defective door latches were not notified of the potential hazard.
Defective Airbags Lawyers
Thanks to better airbag technology, increased use of seat belts, and more infant and children being placed in the back seat of automobiles, airbag-related injuries and deaths have continued to drop.
But while newer cars and trucks have the best airbag records, defective airbags have killed 264 people since the National Highway Traffic Safety Administration (NHTSA) began keeping a record of airbag-related fatalities. And airbags continue to kill and injure people, even those in the newest automobile models.
In addition to frontal airbags, which inflate to prevent passengers from impacting the interior of the vehicle in a frontal crash, side-impact airbags have been introduced to help protect a passenger’s head and chest in a side-impact collision. Chest SABs are mounted in the door or in the side of the seat, and head SABs are typically mounted on the roof rail. SABs differ from frontal airbags in that in order to provide additional protection, they remain inflated for several seconds during the collision.
Most airbags deploy with varying strength depending on location and size of the occupants in the vehicle and whether they are wearing seat belts. Sensors that are built into passenger compartments determine the force of deployment. It is not uncommon, however, for airbags to detonate with over1200 pounds of force at speeds exceeding 230 miles per hour.
While this force often merely results in burns and bruises when an airbag deploys, it can also cause severe injuries such as blindness, or much too often in the case of children or small passengers, even death. Late airbag deployments also have the potential to cause serious injuries and fatalities. Late or unnecessary deployment by SABs with faulty designs can also cause serious injuries.
While the NHTSA estimates that airbags have saved nearly 20,000 lives, problems with airbags that continue to kill and injure people include:
* Untimely deployment – to work properly, an airbag must be fully inflated before making contact with the passenger. A faulty sensor or wiring system design can deploy an airbag at the wrong time
* Deployment in low-speed accidents – some older designs will deploy in a collision at seven to fifteen miles per hour, potentially causing injuries to an unsuspecting passenger. Most newer designs will deploy in collisions at fifteen to eighteen miles per hour
* Lack of tethers – these are straps sewn inside an airbag, which makes it inflate into a flatter pillow shape away from a passengers face. Older designs often lack these
* Horizontal inflation – some SABs inflate directly into the head of a child or shorter person rather than inflating vertically, which keeps the airbag clear of the passengers head
* Deployment with too much force
* Airbag inflates too slow
* Failure to deploy
But while newer cars and trucks have the best airbag records, defective airbags have killed 264 people since the National Highway Traffic Safety Administration (NHTSA) began keeping a record of airbag-related fatalities. And airbags continue to kill and injure people, even those in the newest automobile models.
In addition to frontal airbags, which inflate to prevent passengers from impacting the interior of the vehicle in a frontal crash, side-impact airbags have been introduced to help protect a passenger’s head and chest in a side-impact collision. Chest SABs are mounted in the door or in the side of the seat, and head SABs are typically mounted on the roof rail. SABs differ from frontal airbags in that in order to provide additional protection, they remain inflated for several seconds during the collision.
Most airbags deploy with varying strength depending on location and size of the occupants in the vehicle and whether they are wearing seat belts. Sensors that are built into passenger compartments determine the force of deployment. It is not uncommon, however, for airbags to detonate with over1200 pounds of force at speeds exceeding 230 miles per hour.
While this force often merely results in burns and bruises when an airbag deploys, it can also cause severe injuries such as blindness, or much too often in the case of children or small passengers, even death. Late airbag deployments also have the potential to cause serious injuries and fatalities. Late or unnecessary deployment by SABs with faulty designs can also cause serious injuries.
While the NHTSA estimates that airbags have saved nearly 20,000 lives, problems with airbags that continue to kill and injure people include:
* Untimely deployment – to work properly, an airbag must be fully inflated before making contact with the passenger. A faulty sensor or wiring system design can deploy an airbag at the wrong time
* Deployment in low-speed accidents – some older designs will deploy in a collision at seven to fifteen miles per hour, potentially causing injuries to an unsuspecting passenger. Most newer designs will deploy in collisions at fifteen to eighteen miles per hour
* Lack of tethers – these are straps sewn inside an airbag, which makes it inflate into a flatter pillow shape away from a passengers face. Older designs often lack these
* Horizontal inflation – some SABs inflate directly into the head of a child or shorter person rather than inflating vertically, which keeps the airbag clear of the passengers head
* Deployment with too much force
* Airbag inflates too slow
* Failure to deploy
Defective Anti-Lock Braking System (ABS) Lawyers
The anti-lock braking system (ABS) is one of several computer assisted braking systems that have come into widespread use in production automobiles since its adoption in the 1970s. Computer assisted breaking systems have evolved to include not only the ABS function (which prevents the brakes from locking), but also electronic control of the front-to-rear bias (EBD), traction control (TCS or ASR), electronic stability control (ESC, ESP or DSC), and emergency brake assist (EBA, BA or HBA), amongst others.
Electronic Stability Control systems (ESP or ESC) are an evolution of ABS systems. Additional sensors allow the ESP to detect whether the direction the car takes coincides with that intended by the steering wheel. If not, the ESP brakes the necessary individual wheel or wheels so that the vehicle goes in the intended direction.
The continuing advances in brake technologies have dramatically improved braking performance and safety. But if the brakes have design or manufacturing flaws, even the most advanced technologies will not prevent a potentially dangerous situation. And as the complexity of braking systems increases, so does the number of ways they can fail. If the computer malfunctions due to substandard workmanship, for instance, the brakes may engage when they shouldn't. Conversely, the computer may prevent the brakes from functioning at all.
Electronic Stability Control systems (ESP or ESC) are an evolution of ABS systems. Additional sensors allow the ESP to detect whether the direction the car takes coincides with that intended by the steering wheel. If not, the ESP brakes the necessary individual wheel or wheels so that the vehicle goes in the intended direction.
The continuing advances in brake technologies have dramatically improved braking performance and safety. But if the brakes have design or manufacturing flaws, even the most advanced technologies will not prevent a potentially dangerous situation. And as the complexity of braking systems increases, so does the number of ways they can fail. If the computer malfunctions due to substandard workmanship, for instance, the brakes may engage when they shouldn't. Conversely, the computer may prevent the brakes from functioning at all.
Tuesday, April 28, 2009
Castleberry Botulism Recall Lawyer
On July 23, 2007, the Food and Drug Administration (FDA) advised once more that everyone check their kitchen shelves and throw out any of over 90 different canned goods produced at a plant linked to a botulism outbreak. The cans and any food prepared with their contents should be immediately disposed of in double plastic bags.
The products, which are being recalled, include cans of hot dog chili sauce sold under the brand names of Castleberry's, Austex and Kroger, and cans of certain pet foods. For a complete list of the products being recalled, go to the FDA's Web page, "Chili Products (Botulism) Recall."
The recall was triggered by a situation that is especially dangerous because it could involve tens of millions of cans of potentially tainted food that have already been sold. Botulism is also a serious form of food poisoning that can be fatal if not treated immediately.
Symptoms of botulism include blurred vision, slurred speech, difficulty swallowing, and muscle weakness, and can begin to be experienced from a few hours up to a couple of weeks after eating the contaminated food. As the illness progresses, more serious symptoms may include paralysis of the arms, legs and breathing muscles.
All of the products being recalled were produced by the Castleberry Food Company in Augusta, Georgia. Only the chili sauce products have been linked to the botulinum toxin, which causes botulism, but because the same equipment was used to can other products, the recall was expanded to include all brands that were canned on the same line.
Commercially canned foods are typically heated long enough and at high enough temperatures to kill toxic spores. Dave Melbourne, senior vice president for Castleberry's, confirmed that the chili sauce that was contaminated was undercooked. Melbourne added that "...we [have] agreed to shut down our entire facility in Augusta. We will not process any more food there until the FDA and the USDA agrees it is appropriate to reopen."
The products, which are being recalled, include cans of hot dog chili sauce sold under the brand names of Castleberry's, Austex and Kroger, and cans of certain pet foods. For a complete list of the products being recalled, go to the FDA's Web page, "Chili Products (Botulism) Recall."
The recall was triggered by a situation that is especially dangerous because it could involve tens of millions of cans of potentially tainted food that have already been sold. Botulism is also a serious form of food poisoning that can be fatal if not treated immediately.
Symptoms of botulism include blurred vision, slurred speech, difficulty swallowing, and muscle weakness, and can begin to be experienced from a few hours up to a couple of weeks after eating the contaminated food. As the illness progresses, more serious symptoms may include paralysis of the arms, legs and breathing muscles.
All of the products being recalled were produced by the Castleberry Food Company in Augusta, Georgia. Only the chili sauce products have been linked to the botulinum toxin, which causes botulism, but because the same equipment was used to can other products, the recall was expanded to include all brands that were canned on the same line.
Commercially canned foods are typically heated long enough and at high enough temperatures to kill toxic spores. Dave Melbourne, senior vice president for Castleberry's, confirmed that the chili sauce that was contaminated was undercooked. Melbourne added that "...we [have] agreed to shut down our entire facility in Augusta. We will not process any more food there until the FDA and the USDA agrees it is appropriate to reopen."
Class Action Lawsuits
In essence, a class action lawsuit is a legal action brought by one or more plaintiffs on behalf of a group of other plaintiffs who share a common grievance against a person, company, or other type of organization.
Originating in seventeenth century England's equity courts, the modern class action can be traced back to the "bill of peace", and has developed as a way to manage complex, multiparty litigation.
One advantage of a class action is that individual parties who could otherwise not afford the legal bills involved in seeking redress for a grievance can participate as plaintiffs. The reason for this is that while the low award potential of an individual case may preclude an lawyer from taking on such a case, attorneys who take on class actions are usually willing to do so on a contingency fee only basis, which means that they only get paid if the suit is successful.
But class actions serve other purposes as well. For one, class action outcomes may prevent transgressions similar to those that instigated the lawsuits. They are also used frequently in antitrust cases, mass tort cases such as the Agent Orange, Dalkon Shield and asbestos cases, and to combat price fixing, consumer fraud, and other commercial abuses. Among the most common types of class actions involve lawsuits against companies who abuse their employees, companies whose products injure a large number of people, or when discrimination of a protected class has taken place.
Additionally, class action suits can form the basis for sweeping legal changes in state and federal laws. As such, they serve as a vehicle for economic and social reform. Class actions, for instance, were used in landmark civil rights cases and are used to promote consumer protection.
Originating in seventeenth century England's equity courts, the modern class action can be traced back to the "bill of peace", and has developed as a way to manage complex, multiparty litigation.
One advantage of a class action is that individual parties who could otherwise not afford the legal bills involved in seeking redress for a grievance can participate as plaintiffs. The reason for this is that while the low award potential of an individual case may preclude an lawyer from taking on such a case, attorneys who take on class actions are usually willing to do so on a contingency fee only basis, which means that they only get paid if the suit is successful.
But class actions serve other purposes as well. For one, class action outcomes may prevent transgressions similar to those that instigated the lawsuits. They are also used frequently in antitrust cases, mass tort cases such as the Agent Orange, Dalkon Shield and asbestos cases, and to combat price fixing, consumer fraud, and other commercial abuses. Among the most common types of class actions involve lawsuits against companies who abuse their employees, companies whose products injure a large number of people, or when discrimination of a protected class has taken place.
Additionally, class action suits can form the basis for sweeping legal changes in state and federal laws. As such, they serve as a vehicle for economic and social reform. Class actions, for instance, were used in landmark civil rights cases and are used to promote consumer protection.
Monday, April 27, 2009
Defective Chain Saw Attorney
Each year, U.S. hospitals report approximately 40,000 chain saw-related injuries and deaths. This is a conservative estimate since it does not include outpatient visits and not all hospitals provide injury information to the public. By all accounts, however, chain saws are among the most dangerous tools that can be obtained without a license or required training on the open market.
Tips on the safe operation of chain saws follow:
* Carefully follow all operating instructions on the owner's manual.
* Choose the right chain saw for the job. This includes the right horsepower, weight, bar length, chain speed, and type of each, including the handle bar ("full-wrap" handle bar for left-handed operators, for instance). Your local chain saw dealer can help you with these choices.
* Check the According to the U.S. Consumer Product Safety Commission (CPSC) online recall alert search by selecting "Chain Saws" and follow the directions on any alerts pertaining to your chain saw's make and model.
* Keep the chain sharp at all times. After every third hand filing, sharpen on a grinder to true up rakers, cutters and gullets.
* Keep the chain saw out of the dirt and avoid rocks, wire, nails, etc...
* Prior to storing the chain saw, use the cover or guard and drain the gas/oil mixture from the tank, otherwise the mixture can turn to varnish and clog the carburetor. A case can be purchased for most smaller chain saws.
* Safety does not only require the proper safety equipment, such as a hard hat, eye protection, gloves, hearing protection, protective leg chaps, a first aid kit, and leather boots that cover the ankles, but all the necessary tools for cutting a tree, such as wedges, ax, large hatchet or maul, bar oil, bar wrench, properly mixed fuel, small screwdriver with magnetic head, chain file with protective handle, and minor maintenance tools.
* Don't work alone and be aware of weather conditions, terrain, buildings, vehicles, power lines, livestock, wildlife and other people.
* Never "air drop" start a chain saw, where you drop the saw with one hand while pulling the starting cord with the other. Air dropping is against the law and has injured numerous operators over the years.
* Anticipate potential "kickback", which leads to the most cuts to operators, and the various forms of "binding" and "pinching" that can occur. Even "anti-kickback" chains can "kick back".
* Learn the basics of saw mechanics, operation (including felling techniques), maintenance (including sharpening techniques), and safety. Consider taking a course in which you can practice performing different kinds of tasks and techniques.
Tips on the safe operation of chain saws follow:
* Carefully follow all operating instructions on the owner's manual.
* Choose the right chain saw for the job. This includes the right horsepower, weight, bar length, chain speed, and type of each, including the handle bar ("full-wrap" handle bar for left-handed operators, for instance). Your local chain saw dealer can help you with these choices.
* Check the According to the U.S. Consumer Product Safety Commission (CPSC) online recall alert search by selecting "Chain Saws" and follow the directions on any alerts pertaining to your chain saw's make and model.
* Keep the chain sharp at all times. After every third hand filing, sharpen on a grinder to true up rakers, cutters and gullets.
* Keep the chain saw out of the dirt and avoid rocks, wire, nails, etc...
* Prior to storing the chain saw, use the cover or guard and drain the gas/oil mixture from the tank, otherwise the mixture can turn to varnish and clog the carburetor. A case can be purchased for most smaller chain saws.
* Safety does not only require the proper safety equipment, such as a hard hat, eye protection, gloves, hearing protection, protective leg chaps, a first aid kit, and leather boots that cover the ankles, but all the necessary tools for cutting a tree, such as wedges, ax, large hatchet or maul, bar oil, bar wrench, properly mixed fuel, small screwdriver with magnetic head, chain file with protective handle, and minor maintenance tools.
* Don't work alone and be aware of weather conditions, terrain, buildings, vehicles, power lines, livestock, wildlife and other people.
* Never "air drop" start a chain saw, where you drop the saw with one hand while pulling the starting cord with the other. Air dropping is against the law and has injured numerous operators over the years.
* Anticipate potential "kickback", which leads to the most cuts to operators, and the various forms of "binding" and "pinching" that can occur. Even "anti-kickback" chains can "kick back".
* Learn the basics of saw mechanics, operation (including felling techniques), maintenance (including sharpening techniques), and safety. Consider taking a course in which you can practice performing different kinds of tasks and techniques.
Defective Bicycle Lawyer
Bicyclists have small profiles on the road, travel more slowly, and are more exposed than other motorists. This makes bicyclists harder to be seen by drivers of other vehicles and more likely to be involved in a collision or accident resulting in serious injuries.
Another source of serious injuries to bicyclists, however, is defective bicycles, bicycle parts and cycling products. In fact, for many years, bicycles ranked number one on the U.S. Consumer Product Safety Commission's (CPSC) product hazard index and continue to be ranked among the most dangerous products for children.
Much of the concern as early as four decades ago stemmed from a lack of bicycle product safety features that were an impetus for the CPSC to begin requiring coverings for protruding bolts, protected edges on metal fenders, chain guards for certain types of bikes, locking devices to secure wheel hubs, wide angle reflectors, and clear instructions for assembly and maintenance.
But every year there are numerous recalls due to injuries caused by defective bicycles and bicycle parts. For a listing of bicycle and bicycle part recalls, please visit http://www.cpsc.gov/cgi-bin/prod.aspx and select “Bicycles and Accessories”.
Even when a bicyclist exercises utmost care, a defect in the design or maintenance of the bicycle itself can cause a dangerous condition such that a serious accident becomes imminent. If such an accident occurs, in most cases the best course of action is to consult with a knowledgeable attorney who can determine if the accident was truly as a result of product liability, the negligence of another motorist, or a dangerous roadway condition.
The cause of a bicycle accident may not be so clear-cut. Take, for instance, a case in which a bicyclist is forced off a bike path because a motorist did not provide adequate clearance. The bicyclist subsequently hits a pothole that causes the bicycle, which has a substandard frame, to buckle under the stress created by hitting the far edge of the pothole, seriously injuring the rider.
Another source of serious injuries to bicyclists, however, is defective bicycles, bicycle parts and cycling products. In fact, for many years, bicycles ranked number one on the U.S. Consumer Product Safety Commission's (CPSC) product hazard index and continue to be ranked among the most dangerous products for children.
Much of the concern as early as four decades ago stemmed from a lack of bicycle product safety features that were an impetus for the CPSC to begin requiring coverings for protruding bolts, protected edges on metal fenders, chain guards for certain types of bikes, locking devices to secure wheel hubs, wide angle reflectors, and clear instructions for assembly and maintenance.
But every year there are numerous recalls due to injuries caused by defective bicycles and bicycle parts. For a listing of bicycle and bicycle part recalls, please visit http://www.cpsc.gov/cgi-bin/prod.aspx and select “Bicycles and Accessories”.
Even when a bicyclist exercises utmost care, a defect in the design or maintenance of the bicycle itself can cause a dangerous condition such that a serious accident becomes imminent. If such an accident occurs, in most cases the best course of action is to consult with a knowledgeable attorney who can determine if the accident was truly as a result of product liability, the negligence of another motorist, or a dangerous roadway condition.
The cause of a bicycle accident may not be so clear-cut. Take, for instance, a case in which a bicyclist is forced off a bike path because a motorist did not provide adequate clearance. The bicyclist subsequently hits a pothole that causes the bicycle, which has a substandard frame, to buckle under the stress created by hitting the far edge of the pothole, seriously injuring the rider.
Nursing Home Resident Smoking Rights and Risks
In light of several recent tragedies in which nursing home residents started fires due to carelessness with their cigarettes, many senior living facility administrators have considered banning smoking on their premises. But some resident's rights advocates and state regulatory agencies consider this a possible infringement on some residents' "quality of life". This has placed many nursing homes in a struggle to find a balance between satisfying insurance companies' and state safety inspectors' demands for smoking safety, and respecting their residents' rights.
The consequences of a carelessly handled cigarette by a nursing home resident can be catastrophic. In several of the recent tragedies, a fire that broke out cost several residents their lives and the facility suffered considerable damage. But should a nursing home force its residents to quit smoking by no longer accommodating their needs?
Because of these serious issues, families confronting the difficulties inherent in dealing with a loved one who requires nursing care may be wise to consider a nursing home's smoking policies, regardless of whether their loved one smokes. Here are some questions a loved one's family member, caregiver or guardian can ask managers and administrators of a prospective nursing care facility:
* What are the facility's smoking policies? Are the terms, expectations, conditions, and responsibilities of each party in writing?
* Are there designated smoking areas with National Fire Protection Association approved ashtrays and smoking aprons? Are they equipped with fire extinguishers the staff are trained to use?
* Are cigarettes, lighters, and other smoking devices accessible by the staff only?
* Is there a call system to summon help in case of an emergency?
* Does the facility have an adequate fire suppression system (sprinklers) and smoke and fire detectors?
* Are fire evacuation procedures posted?
* Does the facility use fire-retardant on combustible materials?
* Are there at least annual inspections by the local fire department?
* Is there a "no smoking in bed" policy strictly enforced by the staff?
* What actions will the staff take if a resident does not comply with the smoking policies?
The consequences of a carelessly handled cigarette by a nursing home resident can be catastrophic. In several of the recent tragedies, a fire that broke out cost several residents their lives and the facility suffered considerable damage. But should a nursing home force its residents to quit smoking by no longer accommodating their needs?
Because of these serious issues, families confronting the difficulties inherent in dealing with a loved one who requires nursing care may be wise to consider a nursing home's smoking policies, regardless of whether their loved one smokes. Here are some questions a loved one's family member, caregiver or guardian can ask managers and administrators of a prospective nursing care facility:
* What are the facility's smoking policies? Are the terms, expectations, conditions, and responsibilities of each party in writing?
* Are there designated smoking areas with National Fire Protection Association approved ashtrays and smoking aprons? Are they equipped with fire extinguishers the staff are trained to use?
* Are cigarettes, lighters, and other smoking devices accessible by the staff only?
* Is there a call system to summon help in case of an emergency?
* Does the facility have an adequate fire suppression system (sprinklers) and smoke and fire detectors?
* Are fire evacuation procedures posted?
* Does the facility use fire-retardant on combustible materials?
* Are there at least annual inspections by the local fire department?
* Is there a "no smoking in bed" policy strictly enforced by the staff?
* What actions will the staff take if a resident does not comply with the smoking policies?
Nursing Home Neglect Lawyers
Different standards apply to nursing homes depending on how the institution is classified. In order from those providing the lowest to the highest level of nursing care, these classifications are “adult boarding”, “residential care”, “intermediate care”, and “skilled nursing” facilities. Federal and state governments regulate intermediate and skilled nursing facilities, especially with respect to their involvement with Medicare and Medicaid. National standards for “extended care” facilities are outlined in the Federal Medicare Health Insurance Program for the Aged.
Federal and state laws govern facilities participating in Medicaid or Medicare, whereas only state laws apply to those that do not. Under federal guidelines, nursing homes must provide written policies and procedures with respect to mistreatment, abuse and neglect of residents. Residents are entitled to receive written and verbal notice of the services and rights to which they are entitled and they must acknowledge receipt of such notice.
Nursing home residents have the right to see representatives of the state and federal government, family members, physicians, service providers, and ombudsmen or other resident advocates. An ombudsman investigates and helps resolve resident complaints. Ombudsmen do not charge for their services and do not regulate the facility.
A resident can only be removed from a facility if the resident no longer needs the nursing home’s services, if it is necessary for the resident’s welfare or for the safety of others, the resident fails to make payments after reasonable notice, or if the facility closes. The nursing home must provide 30 days’ notice of a discharge or proposed transfer, and the resident has the right to appeal.
Facilities that participate in the Medicaid program are required to supply written notice of the state bed hold policy to a resident and family member before transferring the resident for therapy or hospitalization. A bed hold period is the length of time a resident’s bed will be held open for their return. Residents who return after the bed hold period expires have the right to be readmitted when a semi-private bed becomes available.
Other rights nursing home residents are entitled to include:
* Keeping their personal possessions
* Applying for Medicare and Medicaid benefits without being discriminated against for receiving such benefits
* Being treated the same as other residents
* Confidentiality of their clinical and personal records
* A listing of services paid by Medicare and Medicaid and all additional fees and services
* A choice in their own physician
* Full information and participation in the planning with regard to their medical care
* Refusal of any treatment
* Not being kept apart from other residents against their will
* Not to be restrained if not necessary
* To raise grievances and to have them resolved expeditiously
* To participate in religious, social and community activities
* Not to be required to deposit their personal funds with the nursing home
* To privacy, including that with regard to medical treatment, visits, communications, and meetings with resident groups and family
* To review the most recent state inspection report
Federal and state laws govern facilities participating in Medicaid or Medicare, whereas only state laws apply to those that do not. Under federal guidelines, nursing homes must provide written policies and procedures with respect to mistreatment, abuse and neglect of residents. Residents are entitled to receive written and verbal notice of the services and rights to which they are entitled and they must acknowledge receipt of such notice.
Nursing home residents have the right to see representatives of the state and federal government, family members, physicians, service providers, and ombudsmen or other resident advocates. An ombudsman investigates and helps resolve resident complaints. Ombudsmen do not charge for their services and do not regulate the facility.
A resident can only be removed from a facility if the resident no longer needs the nursing home’s services, if it is necessary for the resident’s welfare or for the safety of others, the resident fails to make payments after reasonable notice, or if the facility closes. The nursing home must provide 30 days’ notice of a discharge or proposed transfer, and the resident has the right to appeal.
Facilities that participate in the Medicaid program are required to supply written notice of the state bed hold policy to a resident and family member before transferring the resident for therapy or hospitalization. A bed hold period is the length of time a resident’s bed will be held open for their return. Residents who return after the bed hold period expires have the right to be readmitted when a semi-private bed becomes available.
Other rights nursing home residents are entitled to include:
* Keeping their personal possessions
* Applying for Medicare and Medicaid benefits without being discriminated against for receiving such benefits
* Being treated the same as other residents
* Confidentiality of their clinical and personal records
* A listing of services paid by Medicare and Medicaid and all additional fees and services
* A choice in their own physician
* Full information and participation in the planning with regard to their medical care
* Refusal of any treatment
* Not being kept apart from other residents against their will
* Not to be restrained if not necessary
* To raise grievances and to have them resolved expeditiously
* To participate in religious, social and community activities
* Not to be required to deposit their personal funds with the nursing home
* To privacy, including that with regard to medical treatment, visits, communications, and meetings with resident groups and family
* To review the most recent state inspection report
Sunday, April 26, 2009
Truck Accident Lawyers
Truck accidents are particularly devastating. When a car is involved in an accident with a big rig or tractor trailers, the resulting accidents often leads to serious personal injury, death and property damage. Immediately after a an accident involving a truck or tractor trailer the truck accident owner or insurance company usually launches an thorough investigation aimed at limiting their monetary liability. This may involve a team of adjusters, investigators and attorneys whose primary responsibility is to limit the liability of the insurance company and minimize the amount of money to be paid to injured parties.
Heart Attacks
Each year, 1.1 million Americans experience a heart attack; 460 000 of them are fatal. Of those who die, almost half do so suddenly, before they can get to a hospital. Not much bigger than a fist, the human heart beats 100,000 times each day, sending about 2,000 gallons of blood coursing through vessels, which, laid end-to-end, would be long enough to circle the earth more than twice.
To carry out the vital task of pumping blood, the electrical timing of millions of heart cells must be exquisitely coordinated. Their timing sparks the heart to pump in a rhythmic, efficient fashion. When that coordination is disrupted, life-threatening ventricular arrhythmias result.
Each heartbeat normally starts in the upper right chamber of the heart, or right atrium. Here, a specialized bunch of cells called the sinus node, or pacemaker, sends an electrical signal. The signal spreads throughout the right and left atria and then travels along specific pathways to the lower chambers or ventricles. As the signal travels, the heart muscle contracts. First the atria (the upper right and left chambers) contract, pumping blood into the ventricles. A fraction of a second later, the ventricles contract in a squeezing motion, sending blood throughout the body. Each contraction is a heartbeat.
Ventricular arrhythmias occur when a group of heart cells in the ventricles triggers contractions out of sync with the normal rhythm established by the sinus node. A number of factors can prompt a ventricular arrhythmia, including stress, exercise, caffeine, tobacco, alcohol, amphetamines, tricyclic antidepressant drugs, and cough and cold medicines containing pseudoephedrine, as well as several drugs (such as diuretics and digitalis) used to treat various heart conditions.
Many people think that heart attacks are a "man’s problem," yet heart disease is actually the number one killer of both men and women in the United States. In men, the risk for heart attack increases significantly after the age of 45. In women, heart attacks are more likely to occur in the years after menopause (usually, after the age of 50). However, younger men and women can also have heart attacks.
Besides age, factors that increase the risk for heart attack are:
* A previous heart attack or procedure to open up the coronary arteries
* Family history of early heart disease:
o Father or brother diagnosed before age 55
o Mother or sister diagnosed before age 65
* Diabetes mellitus
* High blood cholesterol
* High blood pressure
* Cigarette smoking
* Overweight
* Physical inactivity
During a heart attack, a clot in the heart’s artery blocks the flow of blood to the heart. Heart muscle begins to die. This is technically called a "myocardial infarction," meaning "death of heart muscle." The more time that passes without treatment, the greater the damage. The part of the heart that dies during a heart attack cannot grow back or be repaired.
Many people think that a heart attack is sudden and intense, like the "Hollywood" heart attack depicted in the movies, where a person clutches his or her chest and falls over. The truth is that many heart attacks start as a mild discomfort in the center of the chest. Someone who feels such a warning may not be sure what is wrong. The discomfort (and other symptoms) may even come and go. Even people who have had a heart attack may not recognize the signs, because the next one can have entirely different symptoms. The warning signs of a heart attack are shown in the box below. Learn them, but also remember: Even if you’re not sure it’s a heart attack, you should still check it out promptly.
To carry out the vital task of pumping blood, the electrical timing of millions of heart cells must be exquisitely coordinated. Their timing sparks the heart to pump in a rhythmic, efficient fashion. When that coordination is disrupted, life-threatening ventricular arrhythmias result.
Each heartbeat normally starts in the upper right chamber of the heart, or right atrium. Here, a specialized bunch of cells called the sinus node, or pacemaker, sends an electrical signal. The signal spreads throughout the right and left atria and then travels along specific pathways to the lower chambers or ventricles. As the signal travels, the heart muscle contracts. First the atria (the upper right and left chambers) contract, pumping blood into the ventricles. A fraction of a second later, the ventricles contract in a squeezing motion, sending blood throughout the body. Each contraction is a heartbeat.
Ventricular arrhythmias occur when a group of heart cells in the ventricles triggers contractions out of sync with the normal rhythm established by the sinus node. A number of factors can prompt a ventricular arrhythmia, including stress, exercise, caffeine, tobacco, alcohol, amphetamines, tricyclic antidepressant drugs, and cough and cold medicines containing pseudoephedrine, as well as several drugs (such as diuretics and digitalis) used to treat various heart conditions.
Many people think that heart attacks are a "man’s problem," yet heart disease is actually the number one killer of both men and women in the United States. In men, the risk for heart attack increases significantly after the age of 45. In women, heart attacks are more likely to occur in the years after menopause (usually, after the age of 50). However, younger men and women can also have heart attacks.
Besides age, factors that increase the risk for heart attack are:
* A previous heart attack or procedure to open up the coronary arteries
* Family history of early heart disease:
o Father or brother diagnosed before age 55
o Mother or sister diagnosed before age 65
* Diabetes mellitus
* High blood cholesterol
* High blood pressure
* Cigarette smoking
* Overweight
* Physical inactivity
During a heart attack, a clot in the heart’s artery blocks the flow of blood to the heart. Heart muscle begins to die. This is technically called a "myocardial infarction," meaning "death of heart muscle." The more time that passes without treatment, the greater the damage. The part of the heart that dies during a heart attack cannot grow back or be repaired.
Many people think that a heart attack is sudden and intense, like the "Hollywood" heart attack depicted in the movies, where a person clutches his or her chest and falls over. The truth is that many heart attacks start as a mild discomfort in the center of the chest. Someone who feels such a warning may not be sure what is wrong. The discomfort (and other symptoms) may even come and go. Even people who have had a heart attack may not recognize the signs, because the next one can have entirely different symptoms. The warning signs of a heart attack are shown in the box below. Learn them, but also remember: Even if you’re not sure it’s a heart attack, you should still check it out promptly.
Birth Injury Lawyers
A birth injury usually arises due to complications during labor and delivery. Birth injuries range from mild to severe, from bruising to permanent disability. The most common types of birth injuries include bruising and forceps marks, facial paralysis, brachial plexus injuries, fractured bones, and brain damage due to oxygen deprivation. While birth injuries can occur in very simple deliveries, they most often occur during difficult labors. An infant’s large size or a mother’s pelvis’ small size may contribute to a difficult labor which may lead to birth injuries. In addition, difficulty in passing through the birth canal (such as shoulder dystocia) and the baby’s position may also complicate the delivery process and lead to potential birth injuries.
A doctor should be vigilant in order to anticipate complications that may lead to birth injuries. Some of the things a doctor should take into consideration when preparing to deliver an infant are, possible complications resulting from the size of the baby, the mother’s medical history, umbilical cord positioning, fetal distress such as irregularities in the fetal heartbeat, and proper administration of drugs used during labor and delivery. Failure to monitor these and a number of other situations may mean that the physician was negligent in his care of a patient.
A doctor should be vigilant in order to anticipate complications that may lead to birth injuries. Some of the things a doctor should take into consideration when preparing to deliver an infant are, possible complications resulting from the size of the baby, the mother’s medical history, umbilical cord positioning, fetal distress such as irregularities in the fetal heartbeat, and proper administration of drugs used during labor and delivery. Failure to monitor these and a number of other situations may mean that the physician was negligent in his care of a patient.
PERSONAL INJURY DAMAGES
Generally, it is difficult to set a dollar amount to a specific injury you suffer in an accident. There are numerous factors to consider when attempting to settle a personal injury claim: medical bills, pain and suffering, disfigurement, lost time from work, medical costs for ongoing injuries and the like.
In any action based on negligence, there must be an actual injury suffered. Normally, a plaintiff must show that they suffered some kind of physical harm. Recovery will not be allowed where only mental harm, and no physical harm was suffered. Once physical harm has been proven, Plaintiff may recover a variety of damages. These include, Direct loss: The value of any direct loss of bodily functions. Ex.: Actual monetary compensation for the loss of a leg. Economic loss: Out-of-pocket losses stemming from the injury. Ex.: Medical expenses, lost earnings. Pain and suffering: Damages for pain and suffering caused as a result of the injury. d. Hedonistic damages: Damages for loss of the ability to enjoy one’s prior life. Ex.: Compensation for loss of the ability to walk, even if loss of that ability has no economic consequences. Consciousness required: Courts are split about whether Plaintiff must be conscious of the loss in order to be able to recover damages. Some states do not allow hedonistic damages where Plaintiff is in a coma. Future damages: Plaintiff brings only one action for a particular accident, and recovers in that action not only for past damages, but also for likely future damages. Present value: When Plaintiff is recovering future values, courts generally instruct the jury to award Plaintiff only the "present value" of these losses. Periodic payments: Some states now allow Defendant to force Plaintiff to accept periodic payments in certain situations. These payments generally terminate upon Plaintiff’s death.
In any action based on negligence, there must be an actual injury suffered. Normally, a plaintiff must show that they suffered some kind of physical harm. Recovery will not be allowed where only mental harm, and no physical harm was suffered. Once physical harm has been proven, Plaintiff may recover a variety of damages. These include, Direct loss: The value of any direct loss of bodily functions. Ex.: Actual monetary compensation for the loss of a leg. Economic loss: Out-of-pocket losses stemming from the injury. Ex.: Medical expenses, lost earnings. Pain and suffering: Damages for pain and suffering caused as a result of the injury. d. Hedonistic damages: Damages for loss of the ability to enjoy one’s prior life. Ex.: Compensation for loss of the ability to walk, even if loss of that ability has no economic consequences. Consciousness required: Courts are split about whether Plaintiff must be conscious of the loss in order to be able to recover damages. Some states do not allow hedonistic damages where Plaintiff is in a coma. Future damages: Plaintiff brings only one action for a particular accident, and recovers in that action not only for past damages, but also for likely future damages. Present value: When Plaintiff is recovering future values, courts generally instruct the jury to award Plaintiff only the "present value" of these losses. Periodic payments: Some states now allow Defendant to force Plaintiff to accept periodic payments in certain situations. These payments generally terminate upon Plaintiff’s death.
Car Accident Lawyers
Car accidents occur each day on roads in every state, county, city and town. While many car accidents are simple "fender benders," others result in substantial property damage and serious injury. A high percentage of accident-related personal injuries result from motor vehicle accidents. Unfortunately, more people are injured or killed by negligence on our roads and highways than ever before. Car accidents and truck accidents are a leading cause of death in many states year after year. They often result in serious injuries involving head and brain injury, spine injury, loss of limb, amputations, loss of senses, and other catastrophic results, including wrongful death, are all too common. Many injured victims of car accidents are overwhelmed by the avalanche of telephone calls, insurance forms, accident reports, medical bills and general correspondence that is received immediately after an car accident. Further, those that have been injured in an accident may not be in the proper frame of mind to deal with inquiries from insurance companies, whether written, recorded or verbal.
In many states, car accident victims who have suffered personal injury may be entitled to recover damages for pain and suffering, emotional distress, disability, permanent disfigurement, dismemberment, wrongful death, loss of opportunity to enjoy life, interference with marital and/or parental relationships, and other types of general damage. Many states also allow for recovery of "special" damages, such as past, present and future medical bills, wage loss, loss of earnings potential and other out-of-pocket expenses. Some states also require that certain "no-fault" benefits be paid following a traffic accident. This type of benefit may serve to pay a portion of lost wages and medical bills.
In many states, car accident victims who have suffered personal injury may be entitled to recover damages for pain and suffering, emotional distress, disability, permanent disfigurement, dismemberment, wrongful death, loss of opportunity to enjoy life, interference with marital and/or parental relationships, and other types of general damage. Many states also allow for recovery of "special" damages, such as past, present and future medical bills, wage loss, loss of earnings potential and other out-of-pocket expenses. Some states also require that certain "no-fault" benefits be paid following a traffic accident. This type of benefit may serve to pay a portion of lost wages and medical bills.
What is a Brain Injury?
A brain injury is caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in an injury to the brain. The severity of a brain injury may range from “mild,” i.e., a change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury. Brain injuries which are considered "mild" are anything other than a "mild" effects on the accident victim. "Mild" brain injury victims may suffer symtoms severe enough to disrupt memory, mood, basic cognitive functioning. The general feeling is that a traumatic brain injury victim is a "different person" than before the injury.
Brain injuries contribute to a substantial number of deaths and cases of permanent disability annually. Of the 1.4 million who sustain a brain injury each year in the United States:
* 50,000 die;
* 235,000 are hospitalized; and
* 1.1 million are treated and released from an emergency department.
Among children ages 0 to 14 years, brain injury results in an estimated:
* 2,685 deaths;
* 37,000 hospitalizations; and
* 435,000 emergency department visits annually.
The number of people with brain injury who are not seen in an emergency department or who receive no care is unknown.
The leading causes of brain injury are:
* Falls (28%);
* Motor vehicle-traffic crashes (20%);
* Struck by/against events (19%); and
* Assaults (11%).
Brain injuries contribute to a substantial number of deaths and cases of permanent disability annually. Of the 1.4 million who sustain a brain injury each year in the United States:
* 50,000 die;
* 235,000 are hospitalized; and
* 1.1 million are treated and released from an emergency department.
Among children ages 0 to 14 years, brain injury results in an estimated:
* 2,685 deaths;
* 37,000 hospitalizations; and
* 435,000 emergency department visits annually.
The number of people with brain injury who are not seen in an emergency department or who receive no care is unknown.
The leading causes of brain injury are:
* Falls (28%);
* Motor vehicle-traffic crashes (20%);
* Struck by/against events (19%); and
* Assaults (11%).
Saturday, April 25, 2009
Nursing Home Negligence
The need to place a loved one in a nursing home is difficult and finding the right home is an emotional and stressful process. Even after the most diligent and scrutinizing search, a nursing home may fail to provide adequate care and treatment. Sometimes a loved one is a victim of elder abuse. In such circumstances, the result is devastating to the innocent victim, as well as family members and loved ones.
Recognizing the prominent and growing problem of nursing home negligence, Salvi, Schostok & Pritchard responded by creating one of the fastest growing nursing home negligence practice groups in the nation. Nursing home negligence may involve a variety of circumstances, including dehydration, malnutrition, chronic weight loss, bone fractures, pressure sores and serious infections -- which can lead to amputations and even death.
It is estimated that about 84 percent of abuse cases go unreported or unrecognized, which is why nursing home abuse has been called the hidden crime. It can be difficult to recognize; be concealed by nursing home staff; or sometimes the abuse victim is too frightened or incapacitated to report the mistreatment.
Nursing home negligence and abuse may take many forms:
* Elder Abuse
* Assault or battery
* Sexual abuse
* Rape
* Unnecessary physical restraint
* Insufficient food or water
* Improper use of medication
Nursing home residents are often too afraid to disclose instances of abuse of neglect out of fear the abuse will get worse. Some residents may not be able to effectively communicate that they're being harmed in some way due to physical or mental limitations. The following are signs that neglect or abuse may have taken place, or is cuurently taking place:
* Malnutrition or dehydration
* Staff refusing, or delaying visitors who come to see a resident
* Unexplained bruises, cuts, burns, sprains or fractures, suggesting the resident was dropped or beaten
* Bedsores, pressure sores or frozen joints
* Venereal disease or genital infections, including vaginal or anal bleeding, or torn, stained or bloody underclothing, suggesting assault or rape
* Staff not allowing a resident to be alone with a visitor
* Loss of resident’s possessions
* Unexplained withdrawals from bank accounts, or changes in banking practices
* Sudden changes in will or other financial documents
* Sudden changes in behavior
The Nursing Home Reform Act of 1987 requires that a nursing home “provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident” in accordance with a specific plan of care. To obtain Medicare and Medicaid funds, nursing homes must also comply with the U.S. Code of Federal Regulations policies for long-term care that specify that nursing homes must:
* Have sufficient nursing staff to provide nursing and related services,
* Develop a comprehensive care plan for each resident,
* Prevent the deterioration of a resident’s ability to bathe, dress, groom, transfer and ambulate,
* Ensure that residents receive proper treatment to maintain vision and hearing abilities,
* Ensure that residents do not develop bedsores,
* Provide appropriate treatment and services to incontinent residents,
* Ensure that the resident receives adequate supervision and assistive devices to prevent accidents,
* Ensure that residents are free of any significant medication errors,
* Promote care for residents in a manner and environment that maintains or enhances each resident’s dignity,
* Ensure that the medical care of each resident is supervised by a physician and must provide or arrange for the provision of physician services 24 hours a day, in case of an emergency, and
* Provide pharmaceutical services.
Recognizing the prominent and growing problem of nursing home negligence, Salvi, Schostok & Pritchard responded by creating one of the fastest growing nursing home negligence practice groups in the nation. Nursing home negligence may involve a variety of circumstances, including dehydration, malnutrition, chronic weight loss, bone fractures, pressure sores and serious infections -- which can lead to amputations and even death.
It is estimated that about 84 percent of abuse cases go unreported or unrecognized, which is why nursing home abuse has been called the hidden crime. It can be difficult to recognize; be concealed by nursing home staff; or sometimes the abuse victim is too frightened or incapacitated to report the mistreatment.
Nursing home negligence and abuse may take many forms:
* Elder Abuse
* Assault or battery
* Sexual abuse
* Rape
* Unnecessary physical restraint
* Insufficient food or water
* Improper use of medication
Nursing home residents are often too afraid to disclose instances of abuse of neglect out of fear the abuse will get worse. Some residents may not be able to effectively communicate that they're being harmed in some way due to physical or mental limitations. The following are signs that neglect or abuse may have taken place, or is cuurently taking place:
* Malnutrition or dehydration
* Staff refusing, or delaying visitors who come to see a resident
* Unexplained bruises, cuts, burns, sprains or fractures, suggesting the resident was dropped or beaten
* Bedsores, pressure sores or frozen joints
* Venereal disease or genital infections, including vaginal or anal bleeding, or torn, stained or bloody underclothing, suggesting assault or rape
* Staff not allowing a resident to be alone with a visitor
* Loss of resident’s possessions
* Unexplained withdrawals from bank accounts, or changes in banking practices
* Sudden changes in will or other financial documents
* Sudden changes in behavior
The Nursing Home Reform Act of 1987 requires that a nursing home “provide services and activities to attain or maintain the highest practicable physical, mental and psychosocial well-being of each resident” in accordance with a specific plan of care. To obtain Medicare and Medicaid funds, nursing homes must also comply with the U.S. Code of Federal Regulations policies for long-term care that specify that nursing homes must:
* Have sufficient nursing staff to provide nursing and related services,
* Develop a comprehensive care plan for each resident,
* Prevent the deterioration of a resident’s ability to bathe, dress, groom, transfer and ambulate,
* Ensure that residents receive proper treatment to maintain vision and hearing abilities,
* Ensure that residents do not develop bedsores,
* Provide appropriate treatment and services to incontinent residents,
* Ensure that the resident receives adequate supervision and assistive devices to prevent accidents,
* Ensure that residents are free of any significant medication errors,
* Promote care for residents in a manner and environment that maintains or enhances each resident’s dignity,
* Ensure that the medical care of each resident is supervised by a physician and must provide or arrange for the provision of physician services 24 hours a day, in case of an emergency, and
* Provide pharmaceutical services.
Construction Liability
Construction accidents occur for a variety of reasons: unsafe working conditions, faulty equipment, lack of safety precautions or human error. The consequences of a construction accident can range from injuries that prohibit victims from earning a living to wrongful death. Thanks to the Structural Work Act in Illinois, workers that are injured on the job may sue for negligence and strict liability. If the injury results in death, their family is entitled to do so.
Workers injured in construction accidents may sue the owner, its agents and contractors for all damages sustained by virtue of the physical harm done to them. Such suits are permitted on behalf of injured workers in addition to workers’ compensation benefits they may have received.
According to 2003 numbers by the Bureau of Labor Statistics, the largest number of fatal work injuries was in the construction sector with a total of 1,126 deaths. The bureau also reported that highest level of nonfatal worker injuries, as measured on a lost-workday basis, is again in the construction industry with a rate of 5.7 days per 100 workers. This is in spite of the fact that the Occupational Health and Safety Administration (OSHA) has budgeted a significant portion of its resources into the publication and enforcement of safety standards on construction sites.
In Illinois and other states, special statutes were enacted to protect workers involved in construction-related accidents. These statutes exist because no matter how stringent the regulations concerning job safety, workers are at risk on a daily basis because of the inherently dangerous nature of their jobs. This is exemplified by situations involving:
* Scaffolding Accidents
* Roof related falls
* Falls from elevated work surfaces
* Workers hit by falling objects
* Trench collapses
* Electrocution
* Fire and explosions
* Machinery accidents
* Crane, forklift and vehicular accidents
* Equipment failure
* Failure to provide safety equipment
* Welding accidents
* Industrial gases
Workers injured in construction accidents may sue the owner, its agents and contractors for all damages sustained by virtue of the physical harm done to them. Such suits are permitted on behalf of injured workers in addition to workers’ compensation benefits they may have received.
According to 2003 numbers by the Bureau of Labor Statistics, the largest number of fatal work injuries was in the construction sector with a total of 1,126 deaths. The bureau also reported that highest level of nonfatal worker injuries, as measured on a lost-workday basis, is again in the construction industry with a rate of 5.7 days per 100 workers. This is in spite of the fact that the Occupational Health and Safety Administration (OSHA) has budgeted a significant portion of its resources into the publication and enforcement of safety standards on construction sites.
In Illinois and other states, special statutes were enacted to protect workers involved in construction-related accidents. These statutes exist because no matter how stringent the regulations concerning job safety, workers are at risk on a daily basis because of the inherently dangerous nature of their jobs. This is exemplified by situations involving:
* Scaffolding Accidents
* Roof related falls
* Falls from elevated work surfaces
* Workers hit by falling objects
* Trench collapses
* Electrocution
* Fire and explosions
* Machinery accidents
* Crane, forklift and vehicular accidents
* Equipment failure
* Failure to provide safety equipment
* Welding accidents
* Industrial gases
Illinois Product Liability Lawyers
When businesses put profits before the safety and well-being of people, serious injury can occur. Faulty infant equipment and toys, poorly engineered electric appliances and other potentially dangerous products can cause thousands of disabling injuries each year.
Companies have a legal and ethical obligation to ensure that the products they make will not harm the people who use or purchase them. When an accident or injury occurs due to rushing a product to market, cutting corners or ignoring safety concerns, the company who makes, sells or offers the product has a responsibility to provide recovery to the innocent victim or their family.
At Salvi, Schostok & Pritchard P.C., our team of product litigation attorneys is familiar with the physical, emotional and financial damage that a defective product can cause. Every year, thousands of consumers sustain serious injuries from defective products. Many of these injuries could be avoided if the manufacturers or distributors of these products took additional steps to ensure consumer safety.
Recently, Evenflo recalled nearly a half million infant car seats/carriers because of faulty handles. The U.S. Consumer Product Safety Commission reported that more than 150 infants had been hurt falling out of the seats because the handles would release without warning. Our law firm handles product liability cases against manufacturers in circumstances just like these. If you have a question about this particular product recall or other similar cases please do not hesitate to contact us.
The main incentive to increase product safety is to avoid potential liability in product liability lawsuits which provide compensation for the personal injuries sustained from the use of a defective product. The damages the consumer is entitled to receive may include compensation for medical expenses, lost wages, loss of physical capacity, pain, suffering, and mental anguish. Punitive damages are also available in many jurisdictions to punish defendants in those cases involving particularly egregious conduct which demonstrates a reckless or wanton disregard for the safety of the public.
At Salvi, Schostok & Pritchard P.C., we frequently hear of product recalls because of safety and design issues in car seats, ATVs, defective toys and food contamination. The Consumer Product Safety Commission reports over 22,000 deaths and 29 million injuries related to consumer products each year. Annually, consumer products cause more than $500 billion in deaths, injuries and property.
Victims injured by faulty products have the right to seek compensation, including economic damages (lost wages or medical expenses), non-economic damages (pain and suffering) and punitive damages (to punish reckless behavior). In addition to the monetary considerations of a favorable verdict, if you win your case you may find solace in the fact that those responsible for your situation will be brought to justice. Moreover, you will contribute to the public safety by making manufacturers accountable for safer and more dependable products.
When you file a product liability claim, you are suing the makers or sellers of injurious products. Anyone in the supply chain can be held responsible for damages, including the manufacturer, wholesaler and retailer. When their product was brought to market, the manufacturers and distributors became legally obligated to provide a well-designed product that is reasonably safe when used as intended. To win a strict liability case, your attorney must demonstrate that:
* The product had an "unreasonably dangerous" defect that caused your injury, and that the defect occurred in the product’s design, during its manufacture, or during shipping or handling.
* The defect caused your injury even though you were using the product in the way the manufacturer said that it was intended to be used.
* The product that caused damage had not changed “substantially” from its original sales condition.
Companies have a legal and ethical obligation to ensure that the products they make will not harm the people who use or purchase them. When an accident or injury occurs due to rushing a product to market, cutting corners or ignoring safety concerns, the company who makes, sells or offers the product has a responsibility to provide recovery to the innocent victim or their family.
At Salvi, Schostok & Pritchard P.C., our team of product litigation attorneys is familiar with the physical, emotional and financial damage that a defective product can cause. Every year, thousands of consumers sustain serious injuries from defective products. Many of these injuries could be avoided if the manufacturers or distributors of these products took additional steps to ensure consumer safety.
Recently, Evenflo recalled nearly a half million infant car seats/carriers because of faulty handles. The U.S. Consumer Product Safety Commission reported that more than 150 infants had been hurt falling out of the seats because the handles would release without warning. Our law firm handles product liability cases against manufacturers in circumstances just like these. If you have a question about this particular product recall or other similar cases please do not hesitate to contact us.
The main incentive to increase product safety is to avoid potential liability in product liability lawsuits which provide compensation for the personal injuries sustained from the use of a defective product. The damages the consumer is entitled to receive may include compensation for medical expenses, lost wages, loss of physical capacity, pain, suffering, and mental anguish. Punitive damages are also available in many jurisdictions to punish defendants in those cases involving particularly egregious conduct which demonstrates a reckless or wanton disregard for the safety of the public.
At Salvi, Schostok & Pritchard P.C., we frequently hear of product recalls because of safety and design issues in car seats, ATVs, defective toys and food contamination. The Consumer Product Safety Commission reports over 22,000 deaths and 29 million injuries related to consumer products each year. Annually, consumer products cause more than $500 billion in deaths, injuries and property.
Victims injured by faulty products have the right to seek compensation, including economic damages (lost wages or medical expenses), non-economic damages (pain and suffering) and punitive damages (to punish reckless behavior). In addition to the monetary considerations of a favorable verdict, if you win your case you may find solace in the fact that those responsible for your situation will be brought to justice. Moreover, you will contribute to the public safety by making manufacturers accountable for safer and more dependable products.
When you file a product liability claim, you are suing the makers or sellers of injurious products. Anyone in the supply chain can be held responsible for damages, including the manufacturer, wholesaler and retailer. When their product was brought to market, the manufacturers and distributors became legally obligated to provide a well-designed product that is reasonably safe when used as intended. To win a strict liability case, your attorney must demonstrate that:
* The product had an "unreasonably dangerous" defect that caused your injury, and that the defect occurred in the product’s design, during its manufacture, or during shipping or handling.
* The defect caused your injury even though you were using the product in the way the manufacturer said that it was intended to be used.
* The product that caused damage had not changed “substantially” from its original sales condition.
Illinois Animal Attack Lawyers
Animal attacks are a frightening reality. In fact, every year millions of Americans are bitten by animals, and many of these needless attacks cause life altering injuries. In addition to the pain and suffering caused, State Farm Insurance Company reported that victims of dog bites, in particular, suffer more than $1 billion in monetary losses every year.
The Animal Control Act erased the "one free bite" law, which excused the owners from being liable because they were not aware of the animal's propensity to bite. Those attacked or bitten by animals should clearly understand that it is the owner’s legal and ethical obligation to ensure, at all reasonable cost, that their animals do not cause harm to others.
State laws vary in animal bite laws, but in the State of Illinois, the law specifically states:
If a dog or other animal, without provocation, attacks or injures any person who is peaceably conducting himself in any place where he may lawfully be, the owner of such dog or other animal is liable in damages to such person for the full amount of the injury sustained.
Additionally, a victim can reach other potential defendants, such as the custodian of the animal on the ground of negligence or negligence per se.
Recovering from a dog bite can be a lengthy and painful process. Often, victims can recover damages to cover their medical treatments, any necessary medications, future treatment, psychological counseling and any lost wages. Claims can be made against the owner, his or her insurer, and possibly a third party if their negligence caused the injury.
Here are some things you can do if you have been injured by an animal:
* If you have recently been severely injured by an animal and have not sought medical attention, you should do so immediately.
* Immediately report your accident to the police and request a copy of the police accident report.
* Try to obtain the name and contact information of the animal owner.
* Try to get the name and contact information of any people who witnessed your accident.
* Try to take photographs of the animal which caused your injuries and the location of the accident.
* Try to take photographs of any visible injuries you have suffered as result of the incident with the animal or permit our investigator to accomplish this.
* Do not have any communication with the owner of the dog or the owner's insurance company. If you accept any form of compensation, you may waive your right to sue for additional damages.
* Try to save any clothing that may have been damaged by the animal.
* Please save and, if possible, take photographs of any property damage caused by the animal.
The Animal Control Act erased the "one free bite" law, which excused the owners from being liable because they were not aware of the animal's propensity to bite. Those attacked or bitten by animals should clearly understand that it is the owner’s legal and ethical obligation to ensure, at all reasonable cost, that their animals do not cause harm to others.
State laws vary in animal bite laws, but in the State of Illinois, the law specifically states:
If a dog or other animal, without provocation, attacks or injures any person who is peaceably conducting himself in any place where he may lawfully be, the owner of such dog or other animal is liable in damages to such person for the full amount of the injury sustained.
Additionally, a victim can reach other potential defendants, such as the custodian of the animal on the ground of negligence or negligence per se.
Recovering from a dog bite can be a lengthy and painful process. Often, victims can recover damages to cover their medical treatments, any necessary medications, future treatment, psychological counseling and any lost wages. Claims can be made against the owner, his or her insurer, and possibly a third party if their negligence caused the injury.
Here are some things you can do if you have been injured by an animal:
* If you have recently been severely injured by an animal and have not sought medical attention, you should do so immediately.
* Immediately report your accident to the police and request a copy of the police accident report.
* Try to obtain the name and contact information of the animal owner.
* Try to get the name and contact information of any people who witnessed your accident.
* Try to take photographs of the animal which caused your injuries and the location of the accident.
* Try to take photographs of any visible injuries you have suffered as result of the incident with the animal or permit our investigator to accomplish this.
* Do not have any communication with the owner of the dog or the owner's insurance company. If you accept any form of compensation, you may waive your right to sue for additional damages.
* Try to save any clothing that may have been damaged by the animal.
* Please save and, if possible, take photographs of any property damage caused by the animal.
Wrongful Death Lawyers in Houston Area
If the life of your parent, child or spouse has been cut short by the negligence of another person or company, by a defective product, or by a dangerous condition of property, you may have a valid wrongful death case. Though it may be the last thing on your mind, a lawyer should be one of your first calls. In a wrongful death case, damages may be sought for loss of financial support, loss of the relationship with the deceased, as well as mental anguish for grief and bereavement. There are often personal injury components to a wrongful death claim, if the victim required medical treatment or experienced conscious pain and suffering prior to the moment of death. Only a qualified lawyer can evaluate a potential wrongful death case and advise you whether or not you should seek a recovery.
Personal Injury Lawyers in Houston Area
If you or a loved one has suffered a personal injury due to the negligence of another person or company, a defective product, a dangerous condition of property, there may be a valid personal injury case in which you will need a lawyer to represent you. People are injured every day in motor vehicle accidents, at work, in stores and other businesses and while receiving medical care. If your injury could have been prevented with proper conduct or safer products, you should call a lawyer. You may have a right to sue for medical expenses, loss of income and earning capacity, physical pain, mental anguish, physical impairment and/or disfigurement. Only a qualified lawyer can evaluate your case and advise you whether you should seek compensation.
Friday, April 24, 2009
General Negligence
General Negligence is the basis of all personal injury causes of action. The term is defined as a general failure to act as a reasonable person would under the same circumstances. For the purposes of a personal injury claim, a person is negligent when they cause an injury to another person due to their own unintentional actions.
To prove a cause of action for negligence, you need to prove each of the four elements of the tort. These elements are:
1. Duty,
2. Breach,
3. Causation, and
4. Damages
So, using an automobile accident as an example, you need to prove that the driver who caused the crash had:
* a duty to operate their vehicle properly,
* that they breached that duty by driving improperly,
* that the breach of the duty by the offending driver caused the accident,
* and that you were damaged by the accident, in the form of injuries
To prove a cause of action for negligence, you need to prove each of the four elements of the tort. These elements are:
1. Duty,
2. Breach,
3. Causation, and
4. Damages
So, using an automobile accident as an example, you need to prove that the driver who caused the crash had:
* a duty to operate their vehicle properly,
* that they breached that duty by driving improperly,
* that the breach of the duty by the offending driver caused the accident,
* and that you were damaged by the accident, in the form of injuries
Drowning Injury Claims
Drowning happens when a person is submerged in water for a period of time. Lack of oxygen is what injures or kills a person in drowning incidents. If a person loses oxygen, that person loses consciousness and consequently dies. This is called wet drowning which is the common form of drowning.
There is another form of drowning which is dry drowning. Dry drowning, on the other hand, occurs when a person is submerged in icy water. The cold is said to cause the larynx to spasm. If the larynx spasms, the person’s airway is cut off resulting in lack or absence of oxygen in the body.
If you or any of your family member suffered from near drowning or drowns as a result of negligence by another person, our expert Drowning Injury Claims lawyers can help you claim just and reasonable damages for you or your family member.
Drowning Injury Claims lawyers of the Mesriani Law Group are knowledgeable in all types of drowning. They are well equipped to handle the intricacies of proving negligence as well as gathering vital evidence necessary for your claims.
There is another form of drowning which is dry drowning. Dry drowning, on the other hand, occurs when a person is submerged in icy water. The cold is said to cause the larynx to spasm. If the larynx spasms, the person’s airway is cut off resulting in lack or absence of oxygen in the body.
If you or any of your family member suffered from near drowning or drowns as a result of negligence by another person, our expert Drowning Injury Claims lawyers can help you claim just and reasonable damages for you or your family member.
Drowning Injury Claims lawyers of the Mesriani Law Group are knowledgeable in all types of drowning. They are well equipped to handle the intricacies of proving negligence as well as gathering vital evidence necessary for your claims.
Groin Injury
Living in a highly populated and economically busy city in the U.S like in Los Angeles, California creates quite a high risk and probability that you can encounter an accident that may bring you a groin injury. Since your groin is a sensitive part of your body that is found between your lower abdomen and the inner part of your thigh, a slight bump or strike on it may trigger much devastating effects on you. These may range from partial to full paralysis of either or both the upper and lower part of your body. Hence, this kind of impairment can affect the major aspects of your life – physical, mental, emotional and even financial.
However, the victims may depend on the existing laws to get hold of justice and recover monetary damages. This is, if they can prove that their suffering is brought about by the other parties’ neglectful acts. But then again, many of the plaintiffs find it complicated to file their groin injury claims against the culprit. This is because most of the insurance companies have designed their own tactics to frustrate the victims in pursuing their cases. As a result, a number of them have decided to withdraw their claims or just settle for much less payments.
Our groin injury lawyers at the Mesriani Law Group have the capacity to outwit those unruly insurance companies. We have the best legal counsels in Los Angeles who are very much capable in handling our clients’ injury claims and subsequently win the battle. Our long and productive years of history in this field will tell why our lawyers are indeed considered one of the most reliable legal advocates to support the victims.
However, the victims may depend on the existing laws to get hold of justice and recover monetary damages. This is, if they can prove that their suffering is brought about by the other parties’ neglectful acts. But then again, many of the plaintiffs find it complicated to file their groin injury claims against the culprit. This is because most of the insurance companies have designed their own tactics to frustrate the victims in pursuing their cases. As a result, a number of them have decided to withdraw their claims or just settle for much less payments.
Our groin injury lawyers at the Mesriani Law Group have the capacity to outwit those unruly insurance companies. We have the best legal counsels in Los Angeles who are very much capable in handling our clients’ injury claims and subsequently win the battle. Our long and productive years of history in this field will tell why our lawyers are indeed considered one of the most reliable legal advocates to support the victims.
Hip Injury
Are you suffering in pain due to a hip injury caused by a negligent individual? Do you need a sturdy partner who will stand beside you in attaining justice and rightful compensation? Then, you are on the right track.
The Mesriani Law Group, with our team of devoted and highly skilled Los Angeles lawyers, guarantees superior legal services that you need in pursuing a winning personal injury claim. Our law firm has more than a decade of experience in providing expert assistance to accident and personal injury victims.
In most cases, hip injuries result in expensive surgical operations and long period of rehabilitation. This type of injury also causes immobility and great pain that impedes a patient from doing his daily tasks such as his/her job. More sadly, some of its cases lead to lifetime or permanent disability. As a whole, the patient’s life may be ruined.
Legal Element of Hip Injury Claims
Not all causes of hip injury may be worthy of compensation. The law only entitles the victims who have incurred such injuries as a result of neglect or imprudence among other parties.
Generally, the following causes may entitle the victims to recover damages:
* vehicle accidents
* medical malpractice
* slip and fall
* construction accidents
Nevertheless, the victims must first establish these elements to obtain remunerations:
* The defendant has been negligent with his dealings.
* The defendant’s negligence has been the proximate cause of the injury-causing incident.
* The plaintiff victims have suffered injuries and/or damages from the incident
* The plaintiff has not exercised anything that has increased the potentials of the incident or injury
The Mesriani Law Group, with our team of devoted and highly skilled Los Angeles lawyers, guarantees superior legal services that you need in pursuing a winning personal injury claim. Our law firm has more than a decade of experience in providing expert assistance to accident and personal injury victims.
In most cases, hip injuries result in expensive surgical operations and long period of rehabilitation. This type of injury also causes immobility and great pain that impedes a patient from doing his daily tasks such as his/her job. More sadly, some of its cases lead to lifetime or permanent disability. As a whole, the patient’s life may be ruined.
Legal Element of Hip Injury Claims
Not all causes of hip injury may be worthy of compensation. The law only entitles the victims who have incurred such injuries as a result of neglect or imprudence among other parties.
Generally, the following causes may entitle the victims to recover damages:
* vehicle accidents
* medical malpractice
* slip and fall
* construction accidents
Nevertheless, the victims must first establish these elements to obtain remunerations:
* The defendant has been negligent with his dealings.
* The defendant’s negligence has been the proximate cause of the injury-causing incident.
* The plaintiff victims have suffered injuries and/or damages from the incident
* The plaintiff has not exercised anything that has increased the potentials of the incident or injury
Knee Injury
Our knees are one of the most essential and vital parts of our body. They are needed in making and executing movements like walking, jumping or any other motions that require our legs and feet. Also, they are necessary to help us perform our daily tasks, obligations and responsibilities – either at home, at work, at office or at school, enjoy our daily routines, activities and hobbies. As they have become very important, they need extra care and attention by all means. However, once our knees get injured or damaged, there are many things in our lives as well as our regular habits, rituals and practices will definitely be changed and affected.
Knee injury has been classified as a physical injury that would make the victim feel or experience different distresses. Some of these are greatly identified as emotional, physiological, psychological and even financial anxieties. The depression, pain or burden is much greater if such knee injury has been brought by a negligent person. Thus, as these distraught individuals would have suffered from various forms of damages, which are supposedly lessened by those people who have caused them the knee injury, should file a law suit against those offenders and demand for an immediate disability claim.
Although filing a case would surely require money, effort and time, you can never go wrong with that decision. As you continuously pursue the struggles both form the injury or the pain and the damages you have encountered as well, you have truly taken the appropriate procedures and measures of protecting your human rights and defending your case.
Nevertheless, these things and the sure-win status of the law suit will be completely achieved only when you have realized the significance and convenience of acquiring legal counsels at our law firm – Mesriani Law Group. We have the friendliest and most courteous judicial advisers, representatives and staffs – all specialized and trained in a wide variety of areas, and who are willing to lend you a helping hand for these kinds of endeavor.
Knee injury has been classified as a physical injury that would make the victim feel or experience different distresses. Some of these are greatly identified as emotional, physiological, psychological and even financial anxieties. The depression, pain or burden is much greater if such knee injury has been brought by a negligent person. Thus, as these distraught individuals would have suffered from various forms of damages, which are supposedly lessened by those people who have caused them the knee injury, should file a law suit against those offenders and demand for an immediate disability claim.
Although filing a case would surely require money, effort and time, you can never go wrong with that decision. As you continuously pursue the struggles both form the injury or the pain and the damages you have encountered as well, you have truly taken the appropriate procedures and measures of protecting your human rights and defending your case.
Nevertheless, these things and the sure-win status of the law suit will be completely achieved only when you have realized the significance and convenience of acquiring legal counsels at our law firm – Mesriani Law Group. We have the friendliest and most courteous judicial advisers, representatives and staffs – all specialized and trained in a wide variety of areas, and who are willing to lend you a helping hand for these kinds of endeavor.
Ankle Injury
What would you do if you have been a victim of any accident that caused you to suffer from an ankle injury? What more if your incurred impairment is due to the neglectful acts of another party? Some people may just forgive the offender and forget his wrongful acts. Meanwhile, most individuals will consider filing their claims against the culprits since the law has given them the right to do so.
No matter how severe your ankle injury is, the law has set its statutes to let those misbehaved people answerable for their actions that lead to your pain and suffering. As the complainant then, you can demand for monetary damages to compensate for the cost of your medical treatment and rehabilitation, lost wages from your work absences and for emotional, psychological and physical pain that may come along with the accident or injury.
Thus, it is also a wise move to settle your plans on filing your personal injury claim case immediately after your accident involvement. This is because any delays in bringing this case to the insurance company of the offender will definitely weaken your chances of having a successful verdict.
To make your time and efforts in pursuing an ankle injury claim, it is very much advised to employ the assistance of a duly qualified lawyer. A legal advocate who has the capacity in handling such type of case will certainly increase your possibility of acquiring the largest payment. This is because an expert lawyer has the sufficient understanding of the law that covers any personal injury cases such as your ankle injury. To add, he also has the skills in going through the complicated and time-consuming procedures in filing a claim case.
No matter how severe your ankle injury is, the law has set its statutes to let those misbehaved people answerable for their actions that lead to your pain and suffering. As the complainant then, you can demand for monetary damages to compensate for the cost of your medical treatment and rehabilitation, lost wages from your work absences and for emotional, psychological and physical pain that may come along with the accident or injury.
Thus, it is also a wise move to settle your plans on filing your personal injury claim case immediately after your accident involvement. This is because any delays in bringing this case to the insurance company of the offender will definitely weaken your chances of having a successful verdict.
To make your time and efforts in pursuing an ankle injury claim, it is very much advised to employ the assistance of a duly qualified lawyer. A legal advocate who has the capacity in handling such type of case will certainly increase your possibility of acquiring the largest payment. This is because an expert lawyer has the sufficient understanding of the law that covers any personal injury cases such as your ankle injury. To add, he also has the skills in going through the complicated and time-consuming procedures in filing a claim case.
Head Injury Claims
Every year, millions of people suffer or sustain head injuries. Head injuries may range from minor, moderate to severe. There are a lot of circumstances that could cause a head injury. Some of these incidents are car accidents, falls, assault, premise liability and even while doing sports or your daily activities.
It is a good thing if your head injury is only minor. Symptoms of minor head injury usually go away on its own. However, for those unfortunate enough to have figured in accidents resulting to moderate or severe head injury, prolonged hospitalization is definitely needed. Obviously this will entail serious medical expenses as well.
If you were involved in an accident resulting in head injury, personally injury lawyers of Mesriani Law Group can definitely help you with your Head Injury Claims. Signs of head injuries do not always occur immediately. Sometimes they develop slowly. If, after an accident, you lose consciousness, vomits more than once, develops severe headache or stiff neck, becomes unusually drowsy or behaves abnormally, you might have sustained moderate to severe head injury. Head Injury Claims are one of the many expertise of the lawyers of Mesriani Law Group. Our lawyers will make sure that you are properly represented and your valid and reasonable claims are justly met.
It is a good thing if your head injury is only minor. Symptoms of minor head injury usually go away on its own. However, for those unfortunate enough to have figured in accidents resulting to moderate or severe head injury, prolonged hospitalization is definitely needed. Obviously this will entail serious medical expenses as well.
If you were involved in an accident resulting in head injury, personally injury lawyers of Mesriani Law Group can definitely help you with your Head Injury Claims. Signs of head injuries do not always occur immediately. Sometimes they develop slowly. If, after an accident, you lose consciousness, vomits more than once, develops severe headache or stiff neck, becomes unusually drowsy or behaves abnormally, you might have sustained moderate to severe head injury. Head Injury Claims are one of the many expertise of the lawyers of Mesriani Law Group. Our lawyers will make sure that you are properly represented and your valid and reasonable claims are justly met.
Thursday, April 23, 2009
Los Angeles Back and Neck Injuries Lawyers
The back and neck are susceptible to various types of injuries, including muscle strains, bone fractures, ligament tears, and nerve damage. Some of the more common back and neck injuries are:
* spinal cord injuries,
* whiplash,
* slipped or herniated discs,
* compression fractures,
* and sciatica.
Such injuries may result from the wrongdoing or negligence of another party. When this happens, the victim has a legal right to hold such party responsible for the resulting injuries.
Based in the Los Angeles area, the Mesriani Law Group caters to parties in the location who are pressed with finding judicial remedies for back and neck injuries suffered by themselves or by a colleague, friend, family, or loved one through the fault or negligence of another party. Mesriani Law is most glad to have competent, resourceful and personal Los Angeles back and neck injuries lawyers as part of their team, who aim to seek compensation for the suffering of those wronged by the unlawful or negligent conduct of others.
These able legal counsels are passionate in providing quality legal advice on matters pertaining to damages recoverable from back and neck injury cases. Having specialized legal knowledge on this subset field of law, the law office’s Los Angeles neck and back injuries lawyers’ unit can be relied on to be able to ascertain the appropriate legal remedy to a particular neck and back injury.
* spinal cord injuries,
* whiplash,
* slipped or herniated discs,
* compression fractures,
* and sciatica.
Such injuries may result from the wrongdoing or negligence of another party. When this happens, the victim has a legal right to hold such party responsible for the resulting injuries.
Based in the Los Angeles area, the Mesriani Law Group caters to parties in the location who are pressed with finding judicial remedies for back and neck injuries suffered by themselves or by a colleague, friend, family, or loved one through the fault or negligence of another party. Mesriani Law is most glad to have competent, resourceful and personal Los Angeles back and neck injuries lawyers as part of their team, who aim to seek compensation for the suffering of those wronged by the unlawful or negligent conduct of others.
These able legal counsels are passionate in providing quality legal advice on matters pertaining to damages recoverable from back and neck injury cases. Having specialized legal knowledge on this subset field of law, the law office’s Los Angeles neck and back injuries lawyers’ unit can be relied on to be able to ascertain the appropriate legal remedy to a particular neck and back injury.
Personal Injury cases resulting from Medical Malpractice
A $17,250,000 verdict for a man who was rendered partially incontinent as a result of medical malpractice in failing to diagnose a spinal malformation.
A $2,000,000 settlement on behalf of a young man whose wife died due to negligent anesthesia care during a routine D & C.
A $2,200,000 settlement for a man whose physician caused a one day delay in diagnosing a brain tumor.
A $4,000,000 verdict for a man who was negligently discharged from a medical center when he was suffering from a psychotic episode. He was struck by a train and suffered the loss of both legs.
A $5,500,000 settlement for a young child brain injured at birth due to medical malpractice.
A $4,800,000 verdict for a woman whose doctor treated her cancer with coffee enemas. Of note is that this is one of the few medical malpractice cases in which a punitive damage verdict was achieved.
A $103,000,000 verdict (one of the largest ever) in a medical malpractice case on behalf of a baby brain damaged at birth.
A $4,000,000 settlement for a man who was brain damaged because his doctor failed to diagnose a subdural hematoma resulting in brain damage.
A $2,300,000 settlement on behalf of a woman whose doctors failed to timely diagnose her breast cancer.
A $5,000,000 settlement for a woman injured by a drunk driver. She also suffered partial paralysis as a result of the negligence of her treating physicians.
A $3,000,000 settlement (insurance policy limits) for a woman who lost her leg as a result of improperly performed arthroscopic surgery of her knee.
A $3,000,000 settlement for the estate of a woman who died during childbirth as a result of the physician's failure to diagnose internal bleeding.
A $1,750,000 settlement in a medical/dental malpractice case involving failure to prevent bacterial endocarditis.
$1,575,000 on behalf of a woman whose doctors failed to make a timely diagnosis of her breast cancer.
A $2,175,000 on behalf of a man whose wife died because her doctors failed to diagnosis her benign meningoma.
A $1,800,000 for a young boy who suffered an Erb's Palsy due to the doctor's negligence during delivery.
A $1,450,000 for a woman whose doctors were negligent in failing to diagnose her breast cancer.
A verdict of $2,125,000 for the estate of a man who died because of dental malpractice.
A$6,000,000 settlement in Bergen County, New Jersey (one of the largest in state history) in a combination motor vehicle accident/medical malpractice case for a 61 year old woman who sustained a herniated disc as a passenger in a motor vehicle accident. She subsequently underwent a neurosurgical procedure to remove the herniated disc during which the surgeon
slipped and lacerated the dura of her spinal cord.
A $8,000,000 settlement on behalf of an 18-year old boy in a medical malpractice lawsuit where a physician prescribed the medication Depakote without monitoring the boy’s liver functions despite the known effects of Depakote on the liver. As a result of the failure to monitor the liver functions, the plaintiff sustained complete liver failure requiring a liver transplant and a hepatic encephalopathy resulting in brain damage.
A $90,939,857 jury verdict for a child whose cerebral palsy was due to the failure of an obstetrician to diagnose placental abruption and who thus delayed the cesarean section that was necessary to rescue the baby who was suffering from a lack of oxygen.
A $9.5 million settlement for brain damage to a professional young woman who had surgery for her uterine fibroids but then but then had her endotracheal tube removed prematurely so that she stopped breathing on her way to the recovery room.
A $4.75 million settlement in an obstetrical malpractice case in which a baby’s brain damage was due both to the obstetrician’s failure to diagnose fetal distress during labor and to the pediatricians’ failure to resuscitate the newborn baby properly.
A $3.9 million settlement for a brain-damaged baby who was undergoing abdominal surgery when the doctor ordered a medication which caused the baby to suffer from a respiratory arrest.
A $3,000,000.00, settlement the available proceeds from the municipality for a brain damaged baby. Failure to recognize fetal distress, failure to perform a C section.
Plaintiff, a 27 year old male was rendered paraplegic as a result of defendants’ failure to diagnose an AVM (spinal cord vascular malformation) which was evident on MRI studies the case settled against the radiologists and treating neurologist for $4,250,000.00 (the total coverage of the radiologists was $4,000,000.00). The action will continue against two hospitals.
A $3.9 million for a newborn rendered brain damaged, excessive drug administration (Fentanyl) following surgery for intestinal obstruction (meconium ileus) caused respiratory compromise; failure to timely resuscitate.
A $ 4.75 million for a brain damaged baby fetal distress and failure to properly resuscitate.
A $2,000,000 settlement on behalf of a young man whose wife died due to negligent anesthesia care during a routine D & C.
A $2,200,000 settlement for a man whose physician caused a one day delay in diagnosing a brain tumor.
A $4,000,000 verdict for a man who was negligently discharged from a medical center when he was suffering from a psychotic episode. He was struck by a train and suffered the loss of both legs.
A $5,500,000 settlement for a young child brain injured at birth due to medical malpractice.
A $4,800,000 verdict for a woman whose doctor treated her cancer with coffee enemas. Of note is that this is one of the few medical malpractice cases in which a punitive damage verdict was achieved.
A $103,000,000 verdict (one of the largest ever) in a medical malpractice case on behalf of a baby brain damaged at birth.
A $4,000,000 settlement for a man who was brain damaged because his doctor failed to diagnose a subdural hematoma resulting in brain damage.
A $2,300,000 settlement on behalf of a woman whose doctors failed to timely diagnose her breast cancer.
A $5,000,000 settlement for a woman injured by a drunk driver. She also suffered partial paralysis as a result of the negligence of her treating physicians.
A $3,000,000 settlement (insurance policy limits) for a woman who lost her leg as a result of improperly performed arthroscopic surgery of her knee.
A $3,000,000 settlement for the estate of a woman who died during childbirth as a result of the physician's failure to diagnose internal bleeding.
A $1,750,000 settlement in a medical/dental malpractice case involving failure to prevent bacterial endocarditis.
$1,575,000 on behalf of a woman whose doctors failed to make a timely diagnosis of her breast cancer.
A $2,175,000 on behalf of a man whose wife died because her doctors failed to diagnosis her benign meningoma.
A $1,800,000 for a young boy who suffered an Erb's Palsy due to the doctor's negligence during delivery.
A $1,450,000 for a woman whose doctors were negligent in failing to diagnose her breast cancer.
A verdict of $2,125,000 for the estate of a man who died because of dental malpractice.
A$6,000,000 settlement in Bergen County, New Jersey (one of the largest in state history) in a combination motor vehicle accident/medical malpractice case for a 61 year old woman who sustained a herniated disc as a passenger in a motor vehicle accident. She subsequently underwent a neurosurgical procedure to remove the herniated disc during which the surgeon
slipped and lacerated the dura of her spinal cord.
A $8,000,000 settlement on behalf of an 18-year old boy in a medical malpractice lawsuit where a physician prescribed the medication Depakote without monitoring the boy’s liver functions despite the known effects of Depakote on the liver. As a result of the failure to monitor the liver functions, the plaintiff sustained complete liver failure requiring a liver transplant and a hepatic encephalopathy resulting in brain damage.
A $90,939,857 jury verdict for a child whose cerebral palsy was due to the failure of an obstetrician to diagnose placental abruption and who thus delayed the cesarean section that was necessary to rescue the baby who was suffering from a lack of oxygen.
A $9.5 million settlement for brain damage to a professional young woman who had surgery for her uterine fibroids but then but then had her endotracheal tube removed prematurely so that she stopped breathing on her way to the recovery room.
A $4.75 million settlement in an obstetrical malpractice case in which a baby’s brain damage was due both to the obstetrician’s failure to diagnose fetal distress during labor and to the pediatricians’ failure to resuscitate the newborn baby properly.
A $3.9 million settlement for a brain-damaged baby who was undergoing abdominal surgery when the doctor ordered a medication which caused the baby to suffer from a respiratory arrest.
A $3,000,000.00, settlement the available proceeds from the municipality for a brain damaged baby. Failure to recognize fetal distress, failure to perform a C section.
Plaintiff, a 27 year old male was rendered paraplegic as a result of defendants’ failure to diagnose an AVM (spinal cord vascular malformation) which was evident on MRI studies the case settled against the radiologists and treating neurologist for $4,250,000.00 (the total coverage of the radiologists was $4,000,000.00). The action will continue against two hospitals.
A $3.9 million for a newborn rendered brain damaged, excessive drug administration (Fentanyl) following surgery for intestinal obstruction (meconium ileus) caused respiratory compromise; failure to timely resuscitate.
A $ 4.75 million for a brain damaged baby fetal distress and failure to properly resuscitate.
Personal Injury cases resulting from Defective Products
A $5,500,000 settlement on behalf of the family of a man killed in the Pan Am 103 plane crash which occurred in Lockerbie, Scotland.
A $3,000,000 settlement for a woman who suffered significant leg injuries when thrown from a boat after an engine exploded.
A $1,000,000 settlement in products liability action on behalf of laborer who had two fingers cut off by defective mattress pad cutter. Defendants alleged the plaintiff was negligent in using the machine and that it had been substantially modified by plaintiffs employer.
A $2,000,000 settlement in a products liability action on behalf of 9-year old boy who lost sight in his eye due to a defective toy mirror when the glass portion of the minor came out of the plastic housing which had been defectively constructed. The corner of the glass struck one of the boy’s eyes resulting in permanent blindness in the eye.
A $3,000,000 settlement for a woman who suffered significant leg injuries when thrown from a boat after an engine exploded.
A $1,000,000 settlement in products liability action on behalf of laborer who had two fingers cut off by defective mattress pad cutter. Defendants alleged the plaintiff was negligent in using the machine and that it had been substantially modified by plaintiffs employer.
A $2,000,000 settlement in a products liability action on behalf of 9-year old boy who lost sight in his eye due to a defective toy mirror when the glass portion of the minor came out of the plastic housing which had been defectively constructed. The corner of the glass struck one of the boy’s eyes resulting in permanent blindness in the eye.
Personal Injury cases resulting from Construction Accidents
A $16 million settlement for an asbestos handler who fell 23 feet from a scaffold during demolition of the Pepsi plant in Long Island City. The total funds to the injured worker and his wife exceed $25million when the annuity purchased with some of the funds is added in.
A $5 million settlement for a construction worker who fell from the roof of a building during a construction project and miraculously sustained only leg fractures.
A $2,200,000 settlement on behalf of a laborer killed in a construction accident.
A $4 million verdict on behalf of a laborer who suffered burns after falling into a pit of scalding water.
A $10 million settlement for a woman who was seriously injured when a 35-ton construction crane fell on her legs at an excavation site
A $2,950,000 settlement for the estate of a single woman who suffered injuries and later died as a result of falling from a defective scaffold at a construction site.
A $5,800,000 settlement for a man who suffered paraplegia as a result of a fall from a scaffold when it was struck by a hi-lo.
A $1,200,000 settlement to 50-year old brick mason who sustained a fractured heel when the scaffolding on which he was working collapsed causing him to fall approximately 15 feet to the ground.
A $ 2,975,000 settlement for a worker killed when a prefabricated wall panel fell on him.
A $ 2,700,000 settlement for a worker in his sixties who was killed when he fell from a building canopy he was cleaning
A $ 2,975,000 settlement for a worker killed when a prefabricated wall panel fell on him.
A $5 million settlement for a construction worker who fell from the roof of a building during a construction project and miraculously sustained only leg fractures.
A $2,200,000 settlement on behalf of a laborer killed in a construction accident.
A $4 million verdict on behalf of a laborer who suffered burns after falling into a pit of scalding water.
A $10 million settlement for a woman who was seriously injured when a 35-ton construction crane fell on her legs at an excavation site
A $2,950,000 settlement for the estate of a single woman who suffered injuries and later died as a result of falling from a defective scaffold at a construction site.
A $5,800,000 settlement for a man who suffered paraplegia as a result of a fall from a scaffold when it was struck by a hi-lo.
A $1,200,000 settlement to 50-year old brick mason who sustained a fractured heel when the scaffolding on which he was working collapsed causing him to fall approximately 15 feet to the ground.
A $ 2,975,000 settlement for a worker killed when a prefabricated wall panel fell on him.
A $ 2,700,000 settlement for a worker in his sixties who was killed when he fell from a building canopy he was cleaning
A $ 2,975,000 settlement for a worker killed when a prefabricated wall panel fell on him.
Wednesday, April 22, 2009
Tuesday, April 21, 2009
Wrongful Death Attorney
“Wrongful death” is a legal term used to describe a death caused by the fault of another. When someone dies, it usually affects those other than the deceased. Others, most notably relatives of the deceased, may have depended on the deceased for both emotional and financial support. The vast majority of states have enacted statutes that allow relatives of someone who dies as the result of a wrongful act to file a lawsuit. Examples of wrongful conduct that may lead to a fatality include:
* Driving carelessly or under the influence of drugs and alcohol
* Manufacturing, marketing or selling a defective product
* Failing to diagnose a fatal disease such as cancer or a heart attack
* Building an unstable structure
* A criminal act such as deliberate murder
How are criminal acts different from other (civil) kinds of wrongful death?
Criminal cases are brought by the state and require a standard of proof “beyond reasonable doubt” in order to prevail. The defendant can be punished with jail time as well as monetarily. Civil wrongful death suits are brought by individuals and the standard of proof is by a “preponderance of the evidence.” In civil wrongful death suits, monetary damages for losses by the plaintiff(s) are sought.
Who can sue for wrongful death?
It depends on the state. Some states only allow the spouse and children of a decedent to file a lawsuit. Others allow grandparents and other relatives to do so.
How is the amount of damages determined?
Survivors can sue for medical bills for the decedent's injuries prior to dying and for funeral costs. But survivors continue to suffer as a result of the decedent's absence. And while technically in many states survivors cannot recover damages for emotional distress in wrongful death cases, they may receive compensation for such things as loss of counsel, aid, guidance, advice, assistance, comfort and protection. Other items that may be considered when determining damages include:
* The decedent's occupation
* The decedent's past and future earning capacity
* The decedent's past contributions
* The decedent's life expectancy, health and habits at the time of his or her death
Can punitive damages be recovered in a wrongful death action?
Only a few states allow punitive damages to be recovered in a wrongful death suit, and then only if the conduct of the defendant warrants it.
How are damages divided among multiple heirs or plaintiffs?
This also varies by state. If the relatives cannot agree, some states allow the court to apportion damages. In some cases, plaintiffs must share damages with non-plaintiff relatives.
* Driving carelessly or under the influence of drugs and alcohol
* Manufacturing, marketing or selling a defective product
* Failing to diagnose a fatal disease such as cancer or a heart attack
* Building an unstable structure
* A criminal act such as deliberate murder
How are criminal acts different from other (civil) kinds of wrongful death?
Criminal cases are brought by the state and require a standard of proof “beyond reasonable doubt” in order to prevail. The defendant can be punished with jail time as well as monetarily. Civil wrongful death suits are brought by individuals and the standard of proof is by a “preponderance of the evidence.” In civil wrongful death suits, monetary damages for losses by the plaintiff(s) are sought.
Who can sue for wrongful death?
It depends on the state. Some states only allow the spouse and children of a decedent to file a lawsuit. Others allow grandparents and other relatives to do so.
How is the amount of damages determined?
Survivors can sue for medical bills for the decedent's injuries prior to dying and for funeral costs. But survivors continue to suffer as a result of the decedent's absence. And while technically in many states survivors cannot recover damages for emotional distress in wrongful death cases, they may receive compensation for such things as loss of counsel, aid, guidance, advice, assistance, comfort and protection. Other items that may be considered when determining damages include:
* The decedent's occupation
* The decedent's past and future earning capacity
* The decedent's past contributions
* The decedent's life expectancy, health and habits at the time of his or her death
Can punitive damages be recovered in a wrongful death action?
Only a few states allow punitive damages to be recovered in a wrongful death suit, and then only if the conduct of the defendant warrants it.
How are damages divided among multiple heirs or plaintiffs?
This also varies by state. If the relatives cannot agree, some states allow the court to apportion damages. In some cases, plaintiffs must share damages with non-plaintiff relatives.
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