February 20th, 2017
Motorcycle accident cases are extremely difficult to litigate. This is because they are complex in many ways, such as the nature of motorcycle accident injuries, the science behind how these accidents occur and factors that affect the specific accident being litigated. Motorcycle riders often believe that they are treated with bias, being judged more critically than victims of other types of vehicle accidents. Many people believe motorcycle riders open themselves up to injury merely by getting on a motorcycle. This can be problematic when the rider is rightfully owed compensation and must take the case to court to gain help for his or her damages.
Because these cases are so complex, motorcycle accident victims need to understand their rights and take the necessary steps to protect them. Some of those steps may include:
- Call police
- Gain medical treatment
- Continue treatment as prescribed
- Refrain from fixing the motorcycle
- Gain evidence and take photographs
- Talk to witnesses
- Keep track of expenses
- Avoid social media
- Talk to a motorcycle accident lawyer
Call Police after Your Motorcycle Accident
After your motorcycle accident occurs, call police. An accident is a serious matter and having police documentation is critical to validation of the accident’s occurrence and other details important for your case. A police report contains a broad amount of information about people involved in the crash, vehicle identification, insurance companies and other details you may need for your claim. If the other driver received a citation from law enforcement officers, that will also be in the report.
Seek Medical Treatment
Motorcycle accident injuries can be extremely serious. Head trauma, traumatic brain injury, paralysis and fractures are often the result of these types of accidents. You may be unconscious after your wreck or taken to an emergency department by EMTs. No matter how slight you believe your injuries may be immediately following the accident, you need to seek treatment. The doctor will document your care and any injuries you may have, even if those injuries are soft tissue damage or other problems not visible on the body. It is very important that you follow your doctor’s instructions after obtaining medical care and follow-up with providers as directed. If nothing else, medical treatment after your accident will establish a timeline of your injuries and helps establish a causal link between the accident and resulting problems.
Continue Receiving Medical Treatment as Directed
When you visit the doctor the first time following your motorcycle accident, you will likely be provided with additional instructions to follow as you recover. You need to obey these instructions and do only what you are advised to do by the doctor. If your physician tells you to remain home from work for a period of time, you should follow that recommendation to the letter. There may be activities you are told to avoid. This may be difficult and you may be tempted to “cheat” on this advice, even if you are in pain. But following the doctor’s instructions is very important for your motorcycle accident claim and gaining the compensation you deserve. Insurance companies often investigate these types of claims and will look for ways to reject your case or provide you with a low settlement offer. If you do not do what the doctor tells you, you could be blamed for the outcome of your injuries.
Refrain from Repairing Your Motorcycle
It may seem counterintuitive and even more costly, but it is important that you do not repair your motorcycle until your lawyer advises it is safe to do so. You may be renting a vehicle or paying for other transportation in the interim, but this is often necessary to preserve important case evidence. The motorcycle itself will help establish the seriousness of the accident. Accident reconstruction experts may need to see the bike to testify about the accident’s nature and severity. Damaged property is also very good proof of the claim’s legitimacy.
Take Photos of the Accident Scene
When you are on the accident scene, try to gather as much evidence as possible for your case. If you are able to move around, take photos of the bike’s damage using your cellphone or camera. Also try to get photos of the other vehicles involved in the wreck, road signs around the scene and weather conditions. If the road has surface damage, take photos of those. It is also very helpful to have your doctor take photos of your injuries for documentation. These images should be taken before treatment and after important treatments have been provided.
Talk to Witnesses
Ask for the contact information and names of any witnesses to your accident. If you can gain a short bit of detail about their perspective on how the accident occurred, that is also helpful. But ensure you do get their contact details so the attorney can reach out to them as needed.
Keep Track of Your Accident Expenses
Keep receipts and a record of all of your accident expenses, including medical costs, time lost from work and your property damages. Remember to also keep medication receipts, whether over-the-counter or prescription medications are needed.
Avoid Social Media
Do not post information about your accident on social media or anywhere on the Internet. Even innocent posts can come back to haunt you, whether key information is gained by the insurance company from your posts or you say something you should not. Insurance companies are always looking for easy ways to discount the victim’s claim. Facebook, Twitter or other social media can be precisely how they do that.
Talk to a Motorcycle Accident Attorney
After your motorcycle accident, you need the help and guidance of an experienced motorcycle accident attorney. This type of lawyer will know how to help you gain the compensation you need for post-accident expenses like medical bills, lost income, property damage and pain and suffering.
February 1st, 2017
The CDC (Centers for Disease Control) has issued a warning concerning health-care and potential life-threatening infections caused by the 3T Heater-Cooler devices. The risk of using a 3T Heater-Cooler during open-heart surgery is high, and many infected patients have filed lawsuits because of the possibility of the device having been contaminated during manufacturing.
What Is A 3T Heater-Cooler?
Heater-cooler devices are used during chest organ surgeries in order to control the temperature of the patient as a part of their surgical care. The tanks inside of the devices provide heat exchange, or even temperature-controlling blankets through closed water circuits. The heater-cooler devices are essential when it comes to maintaining a specific temperature for the surgery.
If the evaporated water inside the 3T Heater-Cooler contains bacteria it may spray into the air during the surgery. The bacteria is known as M. chimaera, which causes an NTM infection (Non-Tuberculosis Mycobacterium). The infection has already killed a handful of patients, and is difficult to treat as the symptoms may develop years after the surgery. According to the CDC, the risk of getting an infection from a 3T Heater-Cooler unit is between 1 in 100 and 1 in 1,000. The infection can be severe, and a delayed diagnosis may end in a quickly spreading disease. The NTM slowly builds up, which makes it harder to detect, and in most cases it has taken at least a few months for a doctor to make a proper diagnosis. The bacteria attach to an open-tissue, and resides inside of the patient, hibernating for a while before slowly developing over months, or years after the surgery.
Symptoms of an NTM infection
According to the FDA, the symptoms of an NTM infection vary from patient to patient. Suffering from constant fatigue, a high-fever, and pain might be worrisome, and problematic enough to contact your doctor. There are a few more symptoms that develop later when the NTM infection starts taking action, such as redness, heat, or pus from the healing wound of the surgery. You can experience muscle pain, along with joint pain or abdominal pain, and noticeable weight loss. Suffering from night sweating, constant nausea, or even vomiting may be signs for you to contact your health care provider. Informing the health care provider of your open-chest surgery is essential as well. Thankfully, the NTM infection is not contagious and does not travel from person-to-person.
Treating an NTM infection is dangerous, and potentially life-threatening if the diagnosis is delayed. The treatment consists of specific antibiotic combinations, approved by a professional. There are very rare cases when a patient must undergo an additional surgery after an NTM infection. Untreated, an NTM infection may lead to death.
If you have been diagnosed with an NTM infection after an open-chest surgery, you should contact a defective medical device lawyer for a free consultation is the best choice for this situation. You may be able to file a lawsuit against the 3T Heater-Cooler device manufacturer on the theory that it made a contaminated and defective product which caused your life threatening infection. An NTM infection treatment may lead to bigger hospital bills, health complications and even more surgeries in order to stop the infection from spreading.
A lawsuit involving the 3T Heater-Cooler unit must prove the negligence of the company, and the failure to inform health care providers of the potential bacterial contamination through the use of the defective product.
If you or your family member was diagnosed with an NTM infection after an open-chest surgery, it’s best to know your legal rights and lawsuit options. Talking to an attorney is the first step.
December 13th, 2016
When someone is injured at the workplace, they have the right to workers’ compensation. Also known as workman’s compensation, or workers’ comp, workers’ compensation is the name given to a system of laws that are designed in order to protect injured employees at the workplace. The objective of workers’ compensation is to ensure that when an employee is injured at the workplace, he or she receives appropriate medical care. Workers’ comp will also compensate the worker for any lost wages due to the injury and will retrain and rehabilitate him if necessary. If a worker dies on the job, his family members may be eligible to get workers’ compensation benefits. Some of the possible benefits of workers’ compensation are listed below:
- It pays a portion of the wage loss
- It pays for medical and vocational rehabilitation costs
- It pays benefits to the dependants in case of work-related death
- It helps the employee get back on the job as soon as possible
- It helps the worker return to his pre-injury income as soon as possible
- If provides compensation to the employee if he or she is unable to return to work
What is covered under workers’ comp?
All kinds of work-related physical injuries and diseases are covered under workers’ compensation. Similarly, if an already existing condition was made worse at the job, that will also be covered under workers comp. Respiratory injuries and repetitive strain injuries as well as death are covered under workers comp.
Who pays Workers Comp?
Workers comp covers medical bills, lost wages, as well as disability and all these expenses are paid by the employer’s workers compensation provider. Fault does not have to be proven in workers’ comp cases, whether the employee or employer or a colleague was at fault. As long as there was an injury of a covered employee while on the job, it will be covered under workers’ comp.
What to do when you’re hurt?
If you’ve been injured at the job, you need to report the injury to your supervisor immediately. Failing to report the injury within the statutory deadlines may jeopardize your rights.
You should seek medical assistance as soon as possible. Depending on the rules of your employer’s policy, you may be able to visit your own doctor for treatment and inform your employer about your medical condition as well as your date of return. However, in some states, you may be required to see a doctor that is on your employer’s plan. Although you may be required to go to the company doctor for consultation or follow up visits, you always have the right to visit your own doctor.
When you inform your employer about the injury, the employer will file a First Report of Injury. You need to check with the employer and the workers’ comp provider to get a copy of the report as proof to make sure that the claim was properly filed.
Once the report has been filed, benefits typically begin within 14 days. If they are denied, you will be informed and will have an opportunity to appeal.
For more information about workers’ compensation, visit this page – www.the-injury-lawyer-directory.com/workers_compensation.html.
The law firm of Stephen Boutros, LTD., in Houston, Texas, submitted this article. Their workers compensation lawyers are available to help you, should you have any questions or concerns about the process.
December 13th, 2016
When someone suffers a mistake or negligence at the hands of a doctor or a healthcare provider, he or she may wonder if they have a valid medical malpractice lawsuit. The first and most important aspect of any medical malpractice case is the health and wellbeing of the person who has suffered the injury or negligence. After the individual’s health is taken care of, she can then find out whether the doctor’s mistake amounts to medical malpractice. In order to determine if you have a valid medical malpractice claim, certain factors need to be considered.
Error in diagnosing – If the doctor or health care provider failed to properly diagnose the patient’s problem, or if health care provider made an incorrect diagnosis that delayed treatment and resulted in further injury to the patient, the patient may have a viable medical malpractice claim.
Improper treatment – If the doctor chose to go ahead with an incorrect or improper treatment plan, one which is different than what would be considered standard of care under the circumstances and the treatment plan resulted in harm to the patient, the patient may have a medical malpractice claim. A similar analysis applies if the doctor chose the correct treatment plan, but administered it incorrectly or incompetently assuming that the poor administration of the treatment plan resulted in harm to the patient.
Failure to inform the patient of possible risks – When a doctor or healthcare provider treats a patient for a certain illness, they have a duty to inform the patient about any known risks associated with that treatment option. This is called “informed consent.” The patient will then have the choice to continue with the treatment knowing that it can have the possible side effects or risks. If the patient is fully informed about the possible risks and he or she proceeds with the treatment, the doctor or health care provider may be able to avoid liability. However, if the doctor failed to tell the patient about the possible harmful effects, especially if the patient would not have taken treatment had they known about those risks, the doctor may be subject to a claim of medical malpractice.
What needs to be proven for a successful medical malpractice lawsuit?
In order to bring a successful medical malpractice lawsuit, the following elements needs to be present:
- A doctor-patient relationship existed
- The provision of care fell below the accepted medical standard of care
- There was a causal connection between the negligence by the medical provider and the harm suffered by the patient
- The damages suffered by the patient as a result of the negligence are quantifiable
Whatever the case, it is important to get in touch with a personal injury lawyer who handles medical negligence cases. In such cases, the attorney does not have to be paid up front. Almost all medical malpractice lawyers work on a contingency fee basis. Once they are successful in getting a settlement or recovering an award, you pay them a percentage of the amount that you receive.
December 13th, 2016
Traumatic brain injuries, or TBI, can have an overwhelming impact on the individual. When someone has been in an accident, he can suffer from mild or severe brain injuries. Mild traumatic brain injuries usually resolve in one to six weeks. Some common problems seen in mild TBI cases or concussion include:
- Sleep disturbances
- Visual disturbances
- Loss of balance
- Feeling of depression
- Poor attention
- Memory loss
- Concentration problems
- Emotional disturbances
The victim may also experience other symptoms with mild TBI, such as nausea, mood swings, loss of smell, feeling of confusion, sensitivity to light and sounds, and slowness in thinking. Over time, these symptoms may improve and completely go away. However, with more severe cases, the effects of TBI can be profound and they can go on for a longer period of time.
Severe brain injuries may also result in loss of consciousness. Other effects of TBI include higher levels of cognitive dysfunction and the movement of the victim’s arms and hands may be limited for quite a while. A TBI victim’s thinking ability may be affected, and he may experience abnormal speech or language problems. The degree of injury may vary depending on the severity of the accident, and so will the recovery. People with severe TBI will require long-term rehabilitation in order to maximize their functional abilities, as well as make them independent again. These changes in brain function can have a dramatic impact on the victim’s family and employment, as well as the ongoing ability to interact socially. In severe cases, it may limit movement and communication with others.
In many TBI cases, the victim looks completely normal and may even be able to move about normally, but the victim’s thinking capacity may be affected. Such symptoms are easily missed by the victim as well as his family and doctor. The injured person may first show changes in behavior, before even realizing that it is a cause for concern. Often, the person may feel frustrated due to his inability to carry out simple tasks. He may not be able to perform as well at work, and the frustration of being unable to properly carry out household tasks may force the victim and his family to seek medical assistance.
Patients suffering from TBI may experience severe problems with attention. Their short-term memory may also be affected and they may have difficulty performing daily routine tasks. They may feel that their response time has slowed down, and their overall activity levels may also be very slow. The victim’s decision making ability may be affected and they may not be able to process a lot of information, or resolve problems easily. All these issues will have an impact on the victim’s personal and professional life. The symptoms can get better with time, but if the recovery is slow, it is advised to seek treatment from a professional health care provider who is experienced handling brain injury lawsuits.
This blog post was submitted by Fodera & Long. The personal injury lawyers at Fodera & Long have more than 70 years of legal trial experience.
July 6th, 2015
If you have type 2 diabetes and take Invokana (canagliflozin) to help control your blood sugar, you could be at risk for kidney damage. Invokana hit the market in 2013 and in its first year the U.S. Food and Drug Administration (FDA) received at least 457 reports of serious adverse events including 54 reports of renal impairment or kidney failure. There is no way to know how many more cases of serious or life-threatening kidney problems were caused by Invokana use because so many adverse drug reactions are never reported to the FDA.
Side Effects Related to Renal Toxicity
According to the Institute for Safe Medication Practices (ISMP) report QuarterWatch, during the first year that Invokana was sold there were reports of five types of adverse events related to renal toxicity:
- Kidney stones
- Dehydration and fluid imbalances
- Abnormal or other weight loss
- Urinary tract infections
- Renal impairment or kidney failure
Treating Kidney Failure
Kidney failure is a medical emergency and can be fatal if left untreated. Treatments for kidney failure include:
- Temporary hemodialysis to remove toxins from your blood
- IV fluids or diuretics to restore fluid balance
- Medications to control blood potassium
- Medications to restore blood calcium
If kidney function cannot be restored treatments include:
- Frequent dialysis treatment for life
- Kidney transplant
If you have suffered kidney failure as a result of taking Invokana you face significant financial and personal hardships and may be affected for the rest of your life. You may be able to recover substantial compensation for your injuries. Please, do not wait until it is too late to contact an experienced defective drug attorney.
Invokana Side Effects Resources:
February 24th, 2015
About 80% of pregnant women suffer from morning sickness, referred to as “nausea and vomiting of pregnancy” (NVP) by the medical community. Until April, 2013, there had not been an FDA approved NVP drug for 30 years. To fill the gap doctors prescribed drugs off-label to relieve morning sickness. One was Zofran (ondansetron), which has been associated with serious birth defects including congenital heart defects, cleft lip and cleft palate.
The First Trimester
For most women, morning sickness subsides after the first trimester. But those first three months of pregnancy are a critical time of development when the fetus is most susceptible to harm from medications that the mother takes, resulting in birth defects. So, it’s a catch-22. The time that mothers are most likely to need a medication, like Zofran, is also the time when the drug is most dangerous for their babies.
Zofran Birth Defects
Studies have found that the use of Zofran during the first trimester of pregnancy increases the risk of birth defects including:
- Cleft lip
- Cleft palate
- Septal heart defects, also known as “hole in the heart”
Babies born with these defects may require surgery and special care to survive and thrive. An experienced drug injury attorney can help you recover the compensation that you need to pay for your child’s medical bills and other needs.
If you took Zofran while you were pregnant and your child suffered birth defects, please contact an experienced drug injury attorney today and schedule your free consultation.
February 25th, 2014
Britax Child Safety Inc. has issued a recall for over 215,000 strollers sold between May 2011 and June 2013. Issues with these strollers involve the release strap which can cause amputation and other serious injury to children. Strollers involved in this recall include:
- The B-Agile
- The B-Agile Double
- BOB Motion single and double strollers
Parents with these strollers are encouraged to discontinue use and call Britax at 866-204-1665 for a repair kit.
Graco has issued a recall for over three million car seats. These seats have buckle defects which can exacerbate injury following a car accident. Car seats impacted by this recall include:
- Argos 70
- Classic Ride 50
- Comfort Sport
- Cozy Cline
- My Ride 65, 70, and with safety surround
- Nautilus and Nautilus Elite
- Size 4 Me 70
Parents with these models are encouraged to call Graco at 800-345-4109 for a replacement or a refund.
Defective products injure and kill thousands of people every year. Children are often most vulnerable due to their smaller size and less developed bodies. When you or your child are the victim of a defective product, you need an experienced personal injury attorney on your side to help ensure you are treated fairly and provided the justice you deserve.
To schedule a free consultation in your area, please contact an experienced product liability attorney today.
February 18th, 2014
A new report released by the National Highway Traffic Safety Administration suggests that truck driver fatigue may play a role in up to 40 percent of trucking accidents. Fatigue in general is dangerous. It increases response time, decreases alertness, reduces critical thinking, and may even result in temporary losses of consciousness. When these things happen to a trucker, everyone on the road is at risk.
Truck driver fatigue is most often a result of unrealistic schedules being forced on a trucker. This means that the company the trucker drives for or the company being delivered to may also be liable for any injuries that occur in these accidents. The best way to determine who is liable and seek maximum compensation is with an experienced truck accident lawyer on your side.
Fighting for You
Following a truck accident, the trucker, his employer, and other potentially liable parties will have insurance companies and lawyers fighting to minimize your settlement. You need an attorney who will fight twice as hard for you, helping secure the full compensation you are due. Your attorney will conduct an investigation to identify all liable parties and take your case as far as necessary to get you every penny you deserve.
If you have been injured or a loved one has been killed in a truck accident, please contact an experienced lawyer in your area today.
February 11th, 2014
A new test developed by scientists at the University of Louisville may offer great hope to people who have been exposed to asbestos. The test measures specific compounds in exhaled breath and has proven 95 percent effective at detecting lung cancer, a common consequence of asbestos exposure. This quick, noninvasive, and entirely painless test can help determine if a patient needs to undergo a biopsy – potentially years before symptoms would indicate the same thing.
Asbestos can remain in the body for decades, slowly causing a host of problems including mesothelioma and lung cancer. In the past, extensive and often painful testing was required to determine if asbestos exposure had caused cancer. Researchers at the University of Louisville hope to have this new test available for general use within the next five years. This could potentially save thousands of lives and increase the general comfort of people who have been exposed to asbestos.
Asbestos Exposure Attorney
If you have been diagnosed with an asbestos-related illness, you need an aggressive attorney on your side. Victims of asbestos exposure may be entitled to significant compensation, but this is nearly impossible to get without a skilled attorney.
Companies responsible for endangering workers are liable for the damages they have caused. Your asbestos exposure attorney will hold these companies accountable and fight for every penny you are due.
Please contact an experienced asbestos attorney in your area today to find out more.
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