Personal Injury Lawyer
There are over a dozen types of personal injury cases. Some of them are seen once in a while while others are seen almost daily. The biggest difference is knowing when an injury is your fault rather than someone else’s. If the injury is your fault then you don’t have a claim against anyone but yourself. However, if you were injured due to someone else’s negligence or intentional act then you could have a claim.
Let’s look at some of the most common types of personal injury cases.
Auto Accident Cases
Out of all the injuries on this list, auto accidents are the biggest claim done in the United States. An accident normally happens when someone isn’t following the rules of the road or isn’t driving as carefully as they should be. A careless driver is normally held financially responsible for the injuries stemming from the accident. There are exceptions to the rule and that is why a lawyer is in your best interest. They have the experience to know the law and the best way to help you through your claim.
Slip and Fall Cases
Another main type of personal injury case is the slip and fall claims. Property owners have a legal duty to keep their premises reasonably safe and free of hazards so no one gets injured. Depending on where you are, will depend on the liability of who caused the accident. There are some jobs where slips and falls cannot be prevented and some locations where there are wet surfaces to slip on constantly.
Medical malpractice cases are often challenging. It is when a doctor, nurse, or other health care professional provides a treatment that falls below the medical standard of care and someone is injured as a result. This includes getting a wrong diagnosis and having another doctor properly diagnose but the disease is too far along to be cured or other serious injures have happened. A wrong diagnosis isn’t enough for a medical malpractice case, as anyone can be wrong. It is the continued treatment for the wrong diagnosis that leads to malpractice.
In most cases, the owners of the dog are financially responsible for bites and other injures caused by the dog. There are states that have different laws and a lawyer is going to be well versed in these laws. Dog bites can leave not only physical scars but mental ones as well. Children are far more likely to be bitten as well, and it can be traumatizing.
A personal injury lawyer in Tampa, FL is going to be well versed in personal injury law. This means that you can trust those at Jeff Murphy Law to help you through your case and get the compensation you deserve.
Getting Justice in a Wrongful Death Case
Wrongful death lawsuits are some of the most difficult to go through, as you are simultaneously grieving the loss of a loved one. It is always so important to hire a wrongful death attorney, like one from David & Philpot, P.L., to have your best interest at heart throughout the entire process. He or she will help take care of the details of your case while you can focus on grieving and finding a way to properly honor your loved one.
What is an example of a wrongful death case?
There are many different things that would be classified as wrongful death cases, but simply put, any death that was caused due to the negligence of someone else can constitute a wrongful death case. Some of the most common examples include:
- Drunk driving accidents
- Workplace accidents, particularly at a construction site or place that uses heavy and dangerous machinery
- Medical malpractice cases that end in the patient passing away
- Accidents with pedestrians
- Premises liability accidents
- Bicycle accidents
There are too many types of wrongful death cases to count, and your attorney will be able to tell you in a consultation whether or not it seems that you have a case worth pursuing.
Why is it important to contact an attorney?
An attorney who practices wrongful death law will know the ins and outs of the laws in your state. He or she will know how cases have been won in the past, and what a judge may look for in a wrongful death case. Your attorney will also be able to advise you on whether or not a settlement that may be offered is fair or not and if you should continue to pursue a lawsuit against the negligent party. Finally, an attorney will be able to take care of all the necessary paperwork and even hire investigators and expert witnesses, if necessary. Your attorney will do all of the hard work so that you do not have to keep revisiting this difficult accident scene yourself.
How can you get justice for a loved one who was killed due to someone else’s negligence?
It is important to never let a wrongful death case meet its statute of limitations or let it slip away from being pursued. Not only do you need to get justice for your loved one by getting compensation for what the death cost you financially, but you deserve compensation for the pain and suffering that this unnecessary death caused you. It is also important to make sure that this kind of thing does not happen to another person. By acting in a wrongful death case, you are holding the negligent party responsible for their actions and hopefully preventing this type of thing from ever happening to another person.
Contact a Wrongful Death Attorney Today
Do not hesitate. You need to contact a wrongful death attorney as soon as you are able to, as there are a statute of limitations that will make it impossible to file if you are too late in acting. It may feel difficult to get started, but a good attorney will be compassionate and kind to you about your case and able to handle it as you feel ready. Contact a law firm that specializes in wrongful death law today.
Medical Malpractice Lawyer
As with any other type of doctor, orthodontists are capable of making mistakes. As a Philadelphia medical malpractice lawyer from an office like the Wieand Law Firm can explain, when a mistake is serious enough to cause harm to the patient, it is considered medical malpractice. As such, the patient would likely qualify to file an injury claim against their orthodontist with the goal of recovering sufficient compensation to pay for medical care to reverse the mistake, and other damages. “Other” damages vary from case to case but may include pain and suffering.
An experienced medical malpractice lawyer will be able to review the details of their client’s case and determine not only what damages are compensable but also what each damage is worth from a financial perspective. This is important because once the claim is settled, even if the patient suffers additional damages at a later date (perhaps they need additional and unanticipated surgical procedures) they are not eligible to receive more compensation.
Orthodontists are Held to a Higher Standard
Though orthodontists are human and humans make mistakes, doctors are held to a higher standard. That is, they are expected to act competently when treating a patient and to not harm that patient due to negligence or carelessness. As a healthcare provider, orthodontists are specialists who focus on the prevention and correction of tooth alignment conditions and related concerns. If the orthodontist fails to meet the standard of competent care of their patient and it directly leads to an injury, the patient has the right to obtain compensation equal to the damage they suffered.
Meeting the Criteria for a Medical Malpractice Claim
Not every mistake made by an orthodontist is considered medical malpractice. When a lawyer reviews a potential client’s case, they will try to determine if the case has merit. If it does not, the defendant’s insurance company will deny the claim. If the lawyer attempts to pursue a lawsuit against the orthodontist but does not have a case that meets the basic criteria, the court will likely throw it out even before a jury is called upon to hear evidence.
For instance, if the patient had teeth that were severely out of alignment, the orthodontist may have explained from the start that there was a limit as to how perfectly he or she could realign the teeth. If, following the treatment the patient was dissatisfied with how their teeth looked, unless the orthodontist was grossly incompetent, is is unlikely they will be held responsible for medical malpractice.
As a general rule, in any given situation the question will be asked, “How would a similarly trained orthodontist have treated a patient who had a similar condition?” If the answer is that the average, competent orthodontist would have taken a drastically different approach, then the case may have merit.
Another consideration is the degree of harm done to the patient. For instance, if the patient experienced some minutes of discomfort, that is considered normal for many types of dental treatments. On the other hand, if the orthodontist destroyed one of the patient’s perfectly healthy teeth, it would more likely be considered medical malpractice.
Wrongful Death Lawyer
In this blog, I want to discuss a specific scenario involving dangerous medications that are prescribed by a physician or nurse practitioner and the difficulties faced by patients who suffer injury after using such medications in the recommended dosage. Mishkind Kulwicki Law Co., L.P.A. can help you answer your medical malpractice questions, so feel free to reach out if this blog leaves you with questions.
First some background about the types of dangers associated with medications and how harm caused by the medications are resolved by the legal system. First, there are drugs that have unknown risks. Too often, drugs hit the market with premature FDA approval or become widely used before explicit approval for a particular use in what it called “off-label use.” Over time, adverse side effects associated with these drugs come to the surface, proving these drugs to be more dangerous than originally believed. In these cases, when patients who use these medications in a manner consistent with their doctor’s prescription (right dose, duration and frequency) and suffer serious injury or death, compensation for the harm suffered is generally a matter for a product liability lawsuit. These cases often result in multi-district litigation led by several large law firms on both sides of the dispute.
Occasionally, discovery in those cases reveals that the pharmaceutical company that manufactured the drug knew about the risks associated with the drug but hid those risks or under-reported them during the FDA approval process. In those instances, with the public and their physicians in the dark about the true dangers of the drugs they are using, the lawsuit is brought against the manufacturer, but punitive damages may be attainable in addition to regular compensatory damages.
In other cases, the risks of a particular drug are known and published. The dangers may be made known to the public, their doctors and pharmacists through a package insert (instructional information accompanying the medication and available online or in a variety of online sources), studies contained in medical journals and information distributed by pharmaceutical representatives (“drug reps”).
The known dangers associated with a particular medication may involve dangerous side effects and risks, or harmful interactions with other drugs or certain medical conditions (e.g., kidney failure or impaired liver function). Once these dangers are disclosed by the pharmaceutical companies, the responsibility shifts to doctors and nurse practitioners to use these medicines in a careful manner, including by using the proper dose, heeding contraindications to use and warning the patient about side effects and alternatives. If a doctor or nurse fails to properly advise his/her patient or prescribes a medication in a haphazard or dangerous way, they can be held liable for medical negligence or medical malpractice (these terms are used interchangeably).
In addition to holding the prescribing doctor or CNP liable, in some instances, the pharmacy or hospital where the prescription was filled may be held liable for failing to alert a consumer about dangerous drug interactions.
Being in any kind of auto accident is dangerous, and can result in serious physical injury and substantial property damage. But if you consider how heavy a commercial truck weighs, it is no wonder that they cause some of the most tragic collisions. Not only is the level of danger raised when in the presence of a large truck, but if an accident does happen it is most often the other driver who gets hurt the most.
Truck crashes are more complicated than your typical accident, as there could be a few at-fault parties that caused the incident to happen. For example, the truck driver may have been operating the vehicle unsafely, the trucking company may have been pushing the driver to skip rest to meet deadlines, the crew may have overloaded the truck, and proper maintenance may not have been done for quite some time.
The most common reasons that trucking accidents occur are listed here:
Many commercial trucks have air brakes, which means they are designed to halt a loaded truck within a hundred feet when going at a rate of 35-40 miles per hour. However, if a failure or malfunction in the air brakes happen, these hefty trucks can turn into a deadly force. The truck driver may have pumped the brakes instead of slamming, which is recommended, but malfunctions can still happen.
Trucks have a vast “no zone” area which can cause a crash to ensue. There are often warning stickers on the truck rear that say the driver cannot see you if you cannot see their side mirror. These blind spots are the middle areas on both the left and right side, in addition to any cars following too close behind.
A truck driver that loses control of the truck, slides sideways, and comes into contact with an object can cause a rollover. A guardrail, uneven street pavement, a car, or curb could result in tipping over. If the truck driver turned too sharply at a corner, they may roll over and another car can get stuck underneath. Truck rollovers have a high fatality rate, and any other cars nearby may not survive the impact. If any victims do survive, the chances of them walking away unscathed are slim.
Truck accidents can lead to tragedy on the roadway, leaving victims and their families to deal with immense pain, struggle, and financial difficulty. Those who need assistance while in the midst of a serious truck accident are encouraged to call a lawyer, like a Trucking Accident Lawyer from Indianapolis, IN at Ward & Ward Law Firm, as urgently as they can.
Brain Injury Lawyer
When someone else’s negligence causes your injury, you need to consider whether the injury was severe enough to file a claim for compensation.
Those who have experienced minor injuries may only face minimal recovery time. However, when someone else’s negligence causes an injury like a traumatic brain injury (TBI) and you begin to suffer from depression, you may be entitled to financial compensation, as a brain injury lawyer in Houston, TX from a law firm like John K. Zaid & Associates, can explain.
Depression is not obvious like the loss of a limb or lost wages, and you may be wondering how you can file a claim for damages. Fortunately, an experienced brain injury lawyer can help you get the money you deserve so you can move on from your injury and begin to live fully again.
Determining Depression After a TBI
When someone else’s negligence causes you to suffer from a TBI, you should pursue compensation for your injuries. This might seem obvious for more physical symptoms, but you should keep in mind that you can pursue compensation for depression, as well. To determine whether or not you are owed compensation, you should determine whether or not you are suffering from depression – and if your depression can be traced to your injury. You might be suffering from depression after a TBI if:
- You begin increasing the number of drugs or the amount of alcohol you typically consume
- You have overwhelming feelings of sadness
- You are contemplating suicide
- You feel down or sad most days
- You do not have the same level of interest in your usual activities
- You have seen a doctor who has diagnosed you with depression
One of the most important steps you can do for yourself (and your TBI claim) is to seek the help of a doctor as soon as possible if you begin noticing signs of depression after a TBI. A doctor can formally diagnose you with depression, which can help your case immensely.
Can I receive compensation?
Yes. If you have been diagnosed with depression resulting from a TBI that was caused by someone else’s negligence, you can work with a brain injury attorney to receive compensation. It is critical to have a medical professional diagnose you with depression and show that it is a direct result of your traumatic brain injury.
Don’t hesitate to reach out to an experienced brain injury lawyer. Recovery comes one step at a time, and with their help you can finally get back to living, instead of struggling with your injury.
Insurance Denial Lawyer
When you have been in an accident, you may be left to contend with insurance companies for the damages you are facing. Unfortunately, it’s not uncommon to experience challenges when attempting to obtain compensation for the injuries or losses you have experienced. Any insurance denial lawyer can tell you that it is common practice for insurance companies who attempt to mitigate your claim in attempts to retain as much of the compensation you may be entitled to. Because of this, you will certainly need legal guidance to secure your damages. If you have been the victim of bad faith on the part of an insurance company, an experienced attorney can help. Here are some frequently asked questions prospective clients often have regarding bad faith litigation:
What is bad faith insurance?
When you file a claim against an insurance company for the damages you have experienced, you expect them to provide you with the compensation you are entitled to. As an insurance denial lawyer in Houston, TX, from a law firm like John K. Zaid & Associates can explain, bad faith insurance practices occur when insurance companies refuse to pay for a legitimate claim that is made. This can occur when they:
- Refuse to pay a valid claim
- Misrepresent the insurance policy
- Use deceptive practices
- Pay you less than your claim is worth
What should I do if I believe the insurance company is engaged in bad faith practices?
If the insurance company you filed a claim with has engaged in bad faith practices, your first step should be to call a lawyer with experience in managing bad faith cases. Having a lawyer review your case is critical to move forward. Once they have confirmed that the insurance company acted in bad faith, they can work closely with you to gather evidence and strategize your case.
Do bad faith litigation cases go to court?
In some cases, yes. If your claim has been denied as the result of bad faith practices on the part of an insurance company, you may choose to file a lawsuit against the insurance company. When this occurs, you will require the legal services, primarily help preparing your case for litigation. If the insurance company in question has acted in bad faith, you have a right to file a lawsuit against them.
What can I expect from an Insurance Denial Lawyer?
It’s important to be aware that insurance companies are looking out for their own best interests. Unfortunately, some insurance companies do so by taking measures that allow them to avoid paying accident victims the compensation they are entitled to. Because of this, you will need skilled and experienced legal services:
- Experienced bad faith litigation lawyers
- Extensive resources to assist you in your case
- A professional working to protect your rights
- Professionals to take the lead in managing the complicated inner workings of your case
The last thing any person wants to deal with is bad faith on the part of an insurance company. When an insurance company greatly reduces your settlement, or denies your claim altogether, you need the legal experience that can help you navigate your claim. Contact an insurance denial attorney today to get started.
Auto Accident Lawyer
When they are responding to a real crisis, law enforcement and other emergency responders have a lot of leeway. They can do whatever is necessary to reach the scene of the emergency as quickly as they can. Most of the time, this is a good thing; when we want help, we want it right away. As a result, emergency vehicles can disregard speed limit signs, run red lights and stop signs, and drive against the flow of traffic. It’s not uncommon to see a patrol car or fire truck weaving the wrong way through streets in large cities.
How is this legal? An emergency vehicle’s lights and sirens are acting in place of other traffic signals. As an attorney, like an auto accident lawyer in Houston, TX, from a law firm like John K. Zaid & Associates can explain, it’s as if the vehicle itself is a new set of traffic rules and all the other drivers have to get out of the way. In fact, other drivers who fail to get out of the path of an emergency vehicle can be ticketed for failing to obey traffic rules, even if their driving was otherwise safe. Drivers must follow the “signals” created by the lights and sirens of the emergency vehicle.
Although emergency vehicle drivers are trained to proceed with caution and drive with high levels of skill, accidents still happen. Sometimes the accidents are caused by a careless civilian who ignores the sirens and lights; other times they are the result of negligence on the part of the emergency driver. Injuries in these cases are often much greater than injuries in ordinary accidents. Emergency vehicles can run lights and drive against the flow of traffic, making t-bone and head-on collisions more likely, with correspondingly higher rates of speed. And while a patrol car may not be any larger than the average passenger vehicle, fire engines and ambulances are much larger and heavier, making impacts with passenger vehicles devastating. The victims of an emergency-vehicle accident can suffer lifelong injuries.
After the smoke clears and the parties have received initial medical evaluation, they may be left wondering where to turn. Is it possible to sue the police? Is that even a good idea? What do they need to do?
Many people assume that if they were t-boned by an emergency vehicle in an intersection, the emergency driver is at fault. Unfortunately, that’s rarely the case. Anyone who enters the path of an emergency vehicle while it is responding to a true emergency is automatically “at fault” in an accident, because an emergency vehicle always has the right of way while responding to a crisis.
Even though police cruisers and other emergency response vehicles carry liability insurance just like any other cars on the road, these policies will only pay in cases of actual negligence. However, there may still be opportunities to recover for injuries. An expert car accident attorney will be able to obtain information to show whether a police cruiser was actually responding to an emergency or just trying to get somewhere faster than it should have been. They will also be able to identify whether the accident could have been caused by a third party, making the third party responsible.
Uber, and other ridesharing companies, have become immensely popular in the last few years as a safe means of going out and getting back home. With more Uber drivers on the road, the likelihood of getting in an accident with one continues to increase. You might wonder how an accident with an Uber driver is different than an accident with a private driver and what you should do if you’re injured.
What to Do in an Accident
Accidents happen every day across the country, and how you respond can determine if a claim you make later is successful. Regardless if you are another driver or an Uber passenger, you can react to an accident similarly to any other. Call 911 to get a police officer on the scene who can take statements from everyone involved and create a report that you can file for later use. Check for injuries and seek medical attention if you or anyone else is hurt. Get a way to contact the other driver or passengers, as well as their insurance information. Take pictures of the scene.
If You Are a Driver
If you were driving and got hit by an Uber driver, the insurance you can file a claim with depends on the scenario surrounding the accident. All Uber drivers still have private insurance, and most of the time you will likely only be able to file a claim with their own insurance to get compensated. If the other driver was actively working for Uber when the crash occurred, you are then covered under Uber’s $1 million policy for all injuries and damages.
If You Are a Passenger
As an Uber passenger who gets injured in an accident, you have a couple of options that are also dependent on the situation. If the other driver caused the accident, you will have to file your claim with their insurance. On the other hand, if your Uber driver caused the crash, you are covered under Uber’s $1 million policy for injuries. You can bring your claim against Uber to receive compensation that covers up to that amount.
Since Uber is such a large company with a broad coverage policy, it can be difficult to successfully make a claim with them unless your case is rock solid. If they refuse to pay you rightful compensation, you may want to think about hiring a car accident lawyer in Indianapolis, IN, like from Ward & Ward Law Firm, to learn about your options.
Many personal injury attorney workers have come across cases of nursing home abuse. A nursing home is a long-term nursing facility for all those who suffer from physical illnesses, mental illnesses, or emotional issues. These patients are placed in nursing homes if they have suffered from the neglect of their previous personal caregivers. Nursing homes are regulated by the authority more so than personal caregivers. Due to the higher regulations, these nursing homes hold the responsibility and liability in the event of any abuse, neglect and lack of care, negligence during employee screenings, lack of supervision, and even when the nursing home facilities are improperly looked after.
Rights of The Residents
The rights of the residents, at any nursing home, have been defined clearly within the law of every country. Any and every resident, who has been registered within their country’s federal Medicare program, are known to have a statutory right. This statutory right states that the residents are free from all verbal abuse, physical abuse, sexual abuse, mental abuse, and cannot be put in restraints for convenience or punishment. An important thing to note is that restraints can be used on the residents, only when the resident may pose a threat to themselves or others. Residents who are not registered by the federal authorities do not have this statutory right.
Identifying Nursing Home Abuse
While something like abuse can seem quite easy to identify for some, it may be rather difficult to identify by those who may be experiencing it and by those who may little to no awareness about this topic. This is mainly evident in those who may have some form of mental illness. Physical abuse, by the workers at the nursing home, includes any intentional act that causes trauma or injury to the resident, such as hitting, pushing, and many more. Acts such as verbal abuse, intimidation, and threats, fall under the category of verbal abuse. Exploiting the residents by manipulating them to gain money or favours, also falls under nursing home abuse.
Residents should also be able to understand the meanings behind the words neglect, assisted living, and negligent living, so that they may be able to identify abuse. Neglect is when a worker may have a sense of disregard for their responsibilities. This can show in the forms of carelessness, wilfulness, or indifference. Assisted living is when the elderly or the physically disabled are provided with care giving services, such as housekeeping, nursing care, and even prepared meals. Whereas, negligent hiring is a legal theory where the employed caregiver can be held liable for intentional acts of abuse or neglect.
For all those who may want to file a case for experiencing nursing home abuse, should contact a nursing home abuse lawyer Kansas City, MO trusts. These allegations are investigated using two methods, that are, medical examinations and interviews. Both of these methods are conducted by a third-party agency. Typically, the victim is placed under adult protective services. It is important for us to report the abuse that we are either experiencing ourselves or are witnessing as a third party.
Thanks to Royce Injury Attorneys for their insight into personal injury claims and taking action against nursing home abuse.