Personal Injury Lawyer
After a serious injury accident, it’s only understandable that you’d be considering your options. Do you have outstanding medical bills that are due? Is your car being fixed in a shop and you are wondering how that’s going to get paid for? In cases where another party was at-fault for an injury accident, victims may be due compensation for their damages and losses.
If you aren’t sure whether what you’ve been through constitutes pursuing a lawsuit, here are examples of personal injury accidents that may warrant contacting a personal injury lawyer for help:
When we aren’t feeling at our best, we may visit the doctor to see if they can uncover what is wrong and then treat it. But when a doctor commits an error, a patient can actually suffer worse or pass away because of it. All it takes is an oversight for a patient to suffer needlessly. Medical malpractice is different from receiving unwanted medical news, as not every negative outcome was because of a doctor’s error.
Car accidents have a way of not only interrupting our day, but can easily cause damage to our physical, mental, and financial health. Car accidents occur for a variety of reasons, commonly due to one driver being reckless which led to a collision with another vehicle. Injuries that tend to be frequently seen after a car accident include:
- Traumatic brain injury
- Broken bones
- Mental stress/anguish
- Soft tissue injury (cuts, bruises)
Personal Injury Lawyer
A place of work should be as safe as possible, and companies have a duty to workers to eliminate potential hazards and risks. Some career paths are more vulnerable to injury than others, a common example being construction site workers. However, even if there are inherent risks to the job, this doesn’t mean that injury accidents should be accepted as normal. Anyone who’s been hurt on the job can probaby benefit from some legal insight on how to protect their best interests and ensure they get the medical attention they require.
As the reputable personal injury lawyer at Brown Kiely, LLP can attest, there are numerous other types of personal injury accidents that may warrant contacting a lawyer. Anyone who has been injured because of another’s fault must put their health and finances first and consider their options in obtaining compensation.
You may not think the workers’ compensation is going to cover work silence or a fight that you are involved in at work, however this is sometimes wrong. You might be able to recover workers’ compensation benefits if you meet certain qualifications. An experienced workers’ compensation attorney, like one at Rispoli and Borneo PC, can tell you about your options.
Statistics About Injuries in the Workplace
The CDC says that around 20,790 workers in the private sector were injured in workplace violence, 71% of these people were female and 73% of them worked in healthcare or social assistance. When you are working with people that may have underlying conditions that they cannot control or may require medications that they are not taking to help with their underlying conditions and imposes, you might be prone to running into injuries due to violence from the people you are trying to help. Your workers’ compensation attorney needs to understand that your workplace can have violence, even if you work an office job.
You might be wondering what will disqualify your case from receiving compensation under workers’ compensation law, if you are injured due to workplace violence. The injury in question has to arise out of and in the course of your employment, so if a customer attacks you then you would be covered, if a patient attacks you would be covered. However if you start a fight with another coworker you would not be covered. If you are otherwise deemed to be engaged in shenanigans you would not be covered, or it could be difficult to obtain workers’ compensation.
If you are hoping to file a successful workers’ compensation claim after being injured on the job by a patient or client, you and your attorney are going to have to show that you are not the one that started the fight. It doesn’t matter if a customer where a coworker verbally provoked you, if you threw the first punch when you are denied your benefits.
Another disqualification could be if you are intoxicated at the time of the injury, and the employer is going to try to pursue an intoxication defense because they will argue that the sole reason for the injury was because you were under the influence of drugs or alcohol. However for your employer to prove that you are under the influence of something that would require blood or urine samples.
If you instigate a fight on company property during work, your workplace is going to be able to claim that you are provoking somebody else, and the injury did not arise from the conditions of your work but from a fight that you began. However there is an understanding that you can defend yourself following an altercation started by somebody else on the workplace property, and would still be eligible to receive workers’ compensation.
Reach out to a workers compensation attorney today if you have any questions.
A car accident can result in serious injuries and property damage. Costs associated with these losses can skyrocket over time. If you have recently been injured in an accident and you believe that another driver involved in the crash, an auto manufacturer, and/or other party may be either partially or totally to blame for your harm, you may benefit from filing a lawsuit to recover your losses.
Not all accidents provide strong grounds upon which to file a lawsuit. As a result, it can be helpful to connect with the experienced legal team at John K. Zaid & Associates to learn more about the potential strengths and weaknesses of your individual claim. Here are a few questions that you may wish to ask us during your risk-free consultation:
1. Can I Prove Fault?
Proving that the other party acted negligently and caused the car accident in question will likely be the cornerstone of your case. As the plaintiff, the burden of proof will be yours, so it is important that you gather as much evidence as possible. If you have a copy of the police report filed at the scene, copies of your medical bills, pictures of the crash site, etc., bring these along to your case evaluation. The more information that you provide an attorney with, the more personalized that their feedback will be.
2. What Are the Laws of My State?
In some cases, the regulations of your state of residence may affect a car crash case. This is especially true if you are partially to blame for your accident. Although you may remain entitled to recover damages, your damage award amount may be diminished according to the percentage of fault that may be reasonably assigned to you.
3. What if I Was Cited?
Receiving a citation at the scene of an accident does not instantly mean you are to blame. For example, if an investigating officer finds you were speeding but the other driver hit you because he or she was trying to answer a cell phone call, that individual is still responsible for those actions. You can ask your attorney to review any citation to gauge the viability of your case.
4. What Is the Value of My Case?
The total combined value of your case can affect whether pursuing legal action is worth your while at this time. Several factors may affect the value, such as whether you can return to work, the future of your health based on current injuries, and the total amount of your hospital bills and property damage. Our team can assess the overall value of your case so that you can make an informed decision as to whether filing legal action is in your best interests at this time.
Proving negligence in a car accident case can be difficult, but having a knowledgeable lawyer on your side can help you build the strongest case possible. Don’t entrust your case to just anyone. Ask yourself, “Who is the best car accident lawyer in Houston, TX?” and then do some research on the subject. Our team is confident that after conducting this research, you’ll feel more than comfortable scheduling a risk-free consultation with our firm in order to fully explore your rights and options under the law.
When you sue someone for your injuries in the wake of a truck accident, you can expect to recover two types of what are called compensatory damages: economic and noneconomic. As their name implies, these compensatory damages are the amounts that you allege the defendant owes you to compensate you for the losses arising from your injuries.
Keep in mind that various states have different names for these damages that your personal injury lawyer can clarify for you.
In general, economic damages consist of easily quantifiable accident-related expenses, such as the following:
- Emergency room care
- Diagnostic tests
- Hospital and surgical care
- Follow-up doctor visits
- Physical therapy
- Rehabilitation services
- Prescription medications
- Medical equipment, i.e., crutches, walkers, wheelchairs, prostheses, etc.
The loss of your wages or salary are also economic damages, and both they and your medical and other expenses include not only those you’re sustained to date, but also those you can reasonably expect to incur in the future.
While economic damages apply to the expenses and losses for which you have bills or other hard proof, noneconomic damages consist of more subjective losses, including the following:
- Physical, mental and emotional pain and suffering
- Lingering disfiguring scars
- Loss of a body part or bodily function
- Necessity of having to use a wheelchair, prosthesis or other assistive device in order to move around
- Loss of your ability to fully function on a day-to-day basis
- Loss of your ability to fully participate in the sports and other recreational activities you enjoyed prior to your injury
- Loss of your overall enjoyment of life
Depending on the circumstances surrounding your injuries, you may be able to collect punitive damages in addition to your economic and noneconomic damages. Courts award punitive damages in cases wherein the defendant’s actions or failure to act were so egregious that they (essentially) shock the public consciousness. In other words, the purpose of punitive damages is to financially punish the defendant.
While punitive damages are not a component of most personal injury lawsuits, they tend to be awarded far in excess of economic and noneconomic damages when they apply.
Calculating the Monetary Value of Your Case
If you are curious about the amount of damages that could potentially be awarded–should you choose to file a truck accident case–connect with the experienced legal team at John K. Zaid & Associates today. No two cases are exactly alike, so it is important to avoid making assumptions–either positive or negative–about the value of your case until our Houston, TX truck accident lawyer team has evaluated your unique circumstances.
Many medical providers and entities that provide healthcare services can be held liable in the event that substandard care of a patient leads to that patient’s harm. If you have suffered harm that you believe may be linked to a medical care provider’s actions or inactions, connect with an experienced Houston, TX personal injury lawyer to explore your legal options.
What Is Medical Malpractice?
Medical malpractice can be described as the deviation by a medical professional, doctor or healthcare professional from the standard quality of care expected in a given situation. Healthcare providers are required to provide a certain level of care in accordance with current industry standards. If harm results from a facility or individual’s failure to provide a patient with this level of care, the professional or entity may be held liable for medical malpractice.
Who Can Be Sued for Malpractice?
Medical doctors, nurses, other health care professionals, hospitals and other healthcare facilities may be sued for medical malpractice. Hospitals and some other healthcare sites may be held liable for their own negligence or the negligence of an employee. Suits against an entity resulting from the negligence of an employee are referred to as vicarious liability.
What Constitutes Malpractice?
In order to have a chance at a successful medical malpractice lawsuit, a healthcare provider or entity must have failed to provide the appropriate standard of care. When the standard of care is not met, a patient may be able to file a malpractice lawsuit as a result of the negligence. Further, there must have been an injury that resulted from the substandard care. If you have not sustained an injury as a direct result of negligent medical care, you do not have a claim for medical malpractice. Further, the injury must have caused you negative consequences ending in considerable damage. That considerable damage could include medical bills, everlasting pain, decreased income, hardship, suffering or permanent disability.
What Are the Legal Elements of Medical Malpractice?
An injured patient must demonstrate that a healthcare provider or entity acted negligently in providing care and that an injury occurred as a result. Four legal elements must be proven to have a chance at a successful medical malpractice lawsuit. Those four elements are:
- A professional duty was owed to the patient
- That professional duty was breached
- The patient suffered an injury as a result of that breach
- Damages were incurred by the patient as a result of the breach of duty
Contact a medical malpractice attorney today if you believe that you may have suffered harm as a result of a provider’s actions or inactions. The knowledgeable legal team at John K. Zaid & Associates can assess your unique circumstances in order to determine whether you have strong grounds upon which to file a civil claim.
If you have recently suffered injury because a vehicle hit your motorcycle or forced you off the road, you would do well to consult an experienced Houston, TX personal injury lawyer as soon as possible after the accident. Even if you were partially at fault for the circumstances that led to your crash, you may be entitled to significant compensation from the other party/parties that contributed to the cause(s) of your accident. Connecting with the experienced legal team at John K. Zaid & Associates can better ensure that you understand your legal options and that you receive any and all legal support that you may require at this time.
Common Bike Crash Causes
Unfortunately, it’s a well known fact that car and truck drivers often don’t give bikers the respect – and room – that they deserve on the road. All too frequently, they engage in negligent behaviors such as:
- Following behind too closely
- Weaving into a biker’s lane
- Failing to signal when they’re in front of a biker and intend to slow down and turn
- Passing a biker without leaving sufficient room between themselves and the bike
- Cutting back in front of a biker too soon after passing
Catastrophic Injury Possibility
In a high-speed motorcycle crash, you’re likely to sustain one or more of the following types of injuries:
- Traumatic brain injury
- Spinal cord injury
- Broken bones
- Crush injury
- Amputation of one or more of your limbs
- Severe road rash
Any of these injuries can result in a need for weeks, months, or even years of medical and rehabilitative care and treatment. It goes without saying that your medical and other bills can quickly skyrocket. Thankfully, if you are entitled to compensation as a result of your injuries, you may not need to worry about the costs of necessary treatment, lost wages, etc.
What a Motorcycle Accident Lawyer Can Do For You
Having an experienced local motorcycle accident lawyer on your side as soon as possible not only makes good sense, but also makes good dollars and cents. An attorney can build the strongest possible case on your behalf. Depending on your circumstances, they may:
- Investigate the circumstances surrounding your accident
- Help you establish fault
- File a personal injury lawsuit on your behalf against the negligent driver, making sure it meets your state’s statute of limitations deadline and all other laws, rules and regulations
- Aggressively negotiate with the defendant’s insurance company to maximize the settlement offer it makes
- If necessary, assertively represent you in a jury trial
- Guide you through every step of the process from start to favorable resolution
Perhaps most importantly, knowing you have an experienced, knowledgeable and highly competent attorney in your corner can relieve you of your legal and financial worries so you can focus on recovering from your injuries to the greatest extent possible and getting back to the life you love.
If you’ve been involved in a motor vehicle collision and you’re pregnant, don’t panic. Breathe, focus, and act. While you have a natural concern for your pregnancy’s wellbeing, all you can do is take the aftermath of your crash one moment at a time. Act quickly, act calmly, and those in a position to assist you will help to ensure that you and your pregnancy benefit from the best possible outcome given your unique circumstances.
Call for Help
Unless the crash was a mere fender bender, contact the authorities right away. You never know if the shock of impact could suddenly create the need for immediate medical assistance. Have the police complete a report, as this crucial bit of documentation could play a central role in a forthcoming lawsuit. With that said, do not worry about the legal ins and outs of things right now. Everything else can wait until you’ve received proper medical attention. If you are feeling well enough to get the names of witnesses, exchange insurance information with others involved, and take pictures of the crash scene, that’s great. But only spend a minute or two on these tasks. Your health is paramount.
Explain That You’re Pregnant
Make sure that everyone present knows that you’re pregnant, even if you aren’t very “far along.” The protocols law enforcement officials and EMTs follow in these circumstances might be different than they would be otherwise. For instance, ambulance operators may not be allowed to perform certain types of procedures on pregnant women. Those on the scene are also more inclined to be gentle and give you the compassion that anyone in your position deserves.
Seek Medical Attention
Emergency room treatment may not be necessary. Regardless, you should still follow up with your obstetrician immediately. There is always a chance your pregnancy has been affected by the impact of the crash. Rush to the hospital if there is abdominal pain or bleeding. Other signs of trouble include changes in the fetal movement, constant vomiting, and severe headaches. Time may pass before these symptoms appear. That does not mean that there is no connection between the accident and the health of your pregnancy.
Explore Your Legal Options
Once you have received proper medical attention and are out of danger, it is time to connect with an experienced Houston, TX car accident lawyer. The knowledgeable legal team and support staff at John K. Zaid & Associates can help to ensure that you understand all of your legal options and your rights as an accident victim. Should you choose to pursue legal action, we can build the strongest possible case on your behalf.
If you have suffered a personal injury or loss due to another’s negligence, recklessness, or intentionally dangerous conduct as the result of a truck accident, you may be wondering whether it is worth your time and effort to pursue legal action. There is no “one size fits all” answer to this question, as every accident situation is different. However, given the nature of truck accident injuries, you should take the time to explore your legal options before reaching a conclusion. Scheduling a risk-free consultation with our firm’s Houston, TX truck accident lawyer team will help to ensure that you fully understand your rights and options under the law. Even if you were partially responsible for your injurious circumstances, you may be entitled to significant compensation at this time.
How To Determine if You Should Take Legal Action
There are various things to consider when determining whether you have a valid claim for others who may be partially or totally to blame for your injuries. You’ll want to begin by calculating what your accident has cost you and is likely to cost you, moving forward:
- Medical Expenses. List out your medical expenses that were related to the incident. This calculation should include any future medical expenses you know will arise in the future.
- Out-of-Pocket Costs. Did you pay for any out-of-pocket medical expenses? Maybe you had to rent a car due to the incident.
- Loss of Pay. If you missed any days of work due to the incident, how much pay did you lose?
- Damage to Property. Any expenses you incurred to damaged property can be listed here.
Now that you know the total amount you have lost due to this wrongful act, you still have to determine if you have the ability to recover these costs. For example, if your medical insurance paid for your medical expenses, you no longer can claim them in a lawsuit, or whatever costs you do receive from the lawsuit will get reimbursed to your insurance provider. Note that if you were on the job at the time of your accident, you may be entitled to workers’ compensation benefits.
If your expenses will not easily be recovered, chances are good that pursuing legal action will be worth your time and effort. Depending on the circumstances of your accident, you may be able to hold multiple entities (others involved in the accident, manufacturers of faulty parts, trucking companies, etc.) liable for the harm you have suffered.
The experienced legal team at John K. Zaid & Associates can guide you in determining whether it is in your best interests to take legal action at this time. At minimum, exploring your options and clarifying your rights under the law in a risk-free consultation setting is worth your while.
Everybody makes mistakes. If you were partially to blame for a car accident that resulted in injuries to your body, know that you still have rights and may have opportunities available that will allow you to recover compensation.
Chances are that you’re replaying the moments leading to the accident “on loop” in your head. Maybe you were mentally composing a stressful email you had to send later. Maybe you took your eyes off the road for a split second to adjust the radio or turned around to scold your kids in the back seat. Whatever the reason(s) for the accident, know that it remains important to explore your legal options at this time. The experienced legal team at John K. Zaid & Associates can help to clarify your rights as an injury victim and can help you explore all legal options available to you at this time.
Don’t Admit Fault to Anyone But Your Attorney
This sounds contrary to what many learned as children when their parents taught them to “say sorry.” However, taking responsibility immediately after the accident or apologizing to the other drivers may cause you problems later. Drivers involved in a crash are often so shaken up that they may admit fault even when they aren’t guilty at all. When speaking to the officer on scene or later to your insurance agent, don’t lie, but rather state only the facts as you witnessed them.
If you truly believe you are partially or entirely at fault, the best thing to do is find an attorney with whom to share your concerns. It is possible that your belief that you are partially to blame for what happened to you is mistaken. Even if it isn’t mistaken, an experienced Houston, TX car accident lawyer can help you to navigate your part in the accident without compromising the strength of your case.
Know That Multiple Parties May Be Involved in the Determination
Depending on the complexity of the incident, how many drivers were involved, and whether all of them are insured, the final determination of fault will likely be made by one or several of the following entities:
- The insurance agencies of the various drivers
- An arbitrator that can step in when insurers don’t agree
- A judge and jury, in the unlikely event the case is taken to court
- Law enforcement officers on scene and the report they file
No matter which of these parties you end up dealing with, make sure to always keep your story and the facts straight.
Remember You May Be Partially at Fault Without Being Entirely at Fault
There is a standard followed by many states called “comparative negligence” or “comparative fault.” In this case, if multiple drivers were involved in the wreck, the responsibility, and therefore compensation, can be assigned by percentage. For instance, if a judge or insurer decides you were 30% responsible for what happened, you would receive 70% of the compensation value of the case from the other at-fault party.
The aftermath of an accident can be daunting and complicated. If you suspect you may be partially to blame in a recent incident, consult with a personal injury lawyer to help you navigate the process as successfully as possible.
Medical malpractice happens in a number of ways. Surgeries go wrong due to negligence, doctors misdiagnose diseases, or pharmacists give someone the wrong medication. While malpractice is generally not truly malicious, that doesn’t mean it doesn’t impact the lives of those patients who suffer harm. As a result, it is important for you to explore your legal options if you have suffered harm that you believe may have originated with a medical care provider’s actions or inactions. After speaking with an experienced Houston, TX personal injury lawyer, you will be able to make a truly informed decision about whether it is in your best interests to pursue compensation from the negligent provider in question at this time.
Filing a Medical Malpractice Claim Is a Time-Sensitive Process
Every state has a statute of limitations concerning when a patient can file a medical malpractice lawsuit against a healthcare provider. Typically, you have 1-3 years to file your lawsuit and there are very few exceptions. In rare cases, someone may receive an extension if they can prove without a doubt that they were unaware the malpractice happened, such as if a surgical tool was discovered inside a person years later. However, cases that fall under these circumstances are rare, which means the sooner you hire a lawyer, the better.
Medical Negligence Laws Are Complex
Proving that a healthcare provider was negligent can take much longer and is much more complicated than it seems. An attorney can help you determine if your case is viable and is strong enough to be likely to succeed. Your lawyer will likely begin by pulling and comparing your medical records from before and after the alleged malpractice, determining if you have additional medical bills due to the harm you have suffered, considering whether you had to stop working, etc. The burden of proof is on the plaintiff in a civil lawsuit, so having an experienced attorney on your side will help to ensure that your case is as solid as it can possibly be.
Settlements in Medical Malpractice Lawsuits
Settlements in medical malpractice lawsuits vary greatly and can be anywhere from a few thousand dollars to millions of dollars. Many times, the defendant will try to settle out of court first. The knowledgeable legal team at John K. Zaid & Associates can help to evaluate the potential settlement value of your case so that you can accurately determine whether pursuing legal action is worth your time and effort.
Protecting Your Best Interests After a Car Accident
A boring and mundane commute can quickly turn into a nightmare if a driver on the road is being reckless. Suddenly, you may be in pain, your car is a wreck, and you are so disoriented you aren’t sure what to do now. Of course, always call 911 for help, so an officer can file a report and any injuries can be attended to. Your immediate reaction of shock and stress can consume your energy and every thought, causing you to do things that you may regret later on.
While at the scene of a car accident, it’s important that you are taking steps that properly protect your best interests, such as:
Reporting Your Side to Law Enforcement
A police officer is going to file a report of the accident. In this report, there will be facts about the car accident itself, it’ll be crucial that you share your side of the story with law enforcement. Then, you can get copies of this report in the days to follow at your local police station, to be shared with your insurance company and legal representative.
Getting an Exam Even If There are No Symptoms
The tricky thing about accident injuries is that symptoms can arise the next day. You may have no pain in the moments after the crash, but then find you are in substantial pain within 24-72 hours. It isn’t uncommon for car accident victims to have at least some degree of whiplash, if not other kinds of back and neck injury.
Not Admitting To or Accepting Fault Claims
The other driver and/or their insurance company may make claims that you are at fault. However, that must be proven and cannot be assumed without evidence. Even if you think you may have been partially responsible, there may have been factors you are not aware of. Let your lawyer take the lead so you can focus on injury recovery.
If you have recently been injured in a motor vehicle accident, it is important to take time to explore your legal options once you have received proper medical attention. All too often, accident victims hesitate to connect with lawyers because they are convinced that filing an insurance claim and/or lawsuit isn’t worth their time or that they aren’t entitled to any compensation. It is important to avoid making assumptions about the potential strengths and weaknesses of your case until it has been evaluated by an experienced Houston, TX car accident lawyer. Even if you were partially to blame for the crash, you may be entitled to far more compensation than you might think.
1. Lawyers Have Connections With Investigators
Chances are you don’t have the money, the time or the expertise to conduct a proper investigation into the cause(s) of your crash. If it’s not obvious who was at fault, or if the other party is trying to point the blame your way, it could benefit you to contact a lawyer with the resources to dig up information and clarify the truth. The causes of car accidents aren’t always obvious. An investigation may reveal, for example, that an auto defect was to blame and illuminate that you are in a position to sue an auto manufacturer for the harm that you have suffered.
2. A Lawyer Understands Persuasive Negotiating Techniques
When negotiating a settlement, you likely won’t know what to say or do to ensure that your claim is properly valued and fully paid. An experienced lawyer has knowledge of certain tactics and techniques to negotiate a fair settlement. Whether you’re working on an insurance claim or have filed a lawsuit, these negotiating skills will prove to be essential.
3. Lawyers Can Assist in Litigation
If you must litigate your claim in order to receive the compensation to which you are due, the entire process could take a lot longer than it otherwise might. Lawyers with experience in litigation will know what steps to take to help the process run more smoothly. If you must appear before a judge and jury, your lawyer will be your advocate to help you fight for your rights.
4. A Lawyer Can Help You Collect Evidence
Throughout the process of putting together a claim, you’ll need to gather certain pieces of evidence, including witness statements, photographs and even medical documents. Sometimes it can be difficult to get a hold of the medical documents your case requires, but most lawyers put forth significant effort to obtain what is needed in the shortest amount of time possible.
Contacting a Car Accident Lawyer
There are several reasons to contact a car accident lawyer. If you were recently injured in an accident, whether you were potentially at fault or not, you’ll want to contact a car accident lawyer to learn more about your rights. The trusted legal team at John K. Zaid & Associates is here to help.
If you’ve ever seen a crime drama wherein someone has been read their Miranda rights before being interrogated by police, you’ve heard the warning, “Anything you say can and will be used against you in a court of law.” If you have recently been injured in a motor vehicle accident–especially if a large truck was involved, as truck accident cases tend to be particularly complicated–you should heed this warning as a general rule. Meaning, that you need to be aware that anything you say–or post online–in the wake of an accident can impact any legal proceedings that you may be involved in following your crash.
Even if you are in no way responsible for the crash that caused your injuries, the things you say and post can be used by opposing counsel or an insurance company to diminish the value of your claim. If you have any questions about whether something you’d like to post could potentially land you in hot water (legally speaking), connect with our firm’s Houston, TX truck accident lawyer team for clarification.
What Are the Risks of Your Posting on Social Media?
It’s understandable that you may wish to let loved ones know that you’re still strong after suffering an injury. You want to show that you’re okay, that you’re still smiling, and enjoying life. To the people for whom you’re posting, the message they get may be a positive one, as you demonstrate that you can take care of yourself after an accident. To a lawyer representing an insurer or another party involved in the accident, however, your words and/or picture may demonstrate that you haven’t been seriously injured.
One of the first places an attorney will look when building a defense against your case is your social media accounts. Everything you post on social media may be used against you in court (even if your account is set to private) and can potentially hurt your case.
What Are Some Examples of Social Media Being Used Against You?
Here are some examples of how social media can be used against you:
- You’ve been in an auto accident and claim your injury has left you depressed. You post a positive-sounding statement online saying you’re still smiling.
- You’ve broken your leg and are seeking damages from the insurance company, which refuses to pay your medical bills. You post a recent photo of you playing with your kids that can be interpreted in ways that suggest you’re bearing weight on your broken leg.
- You’re suffering from injuries related to your accident and claim that you’re unable to walk. You post a photo of yourself sitting at a bar. Location tags are used to show exactly which bar you’re in, and the bar doesn’t have handicapped access.
These are just a few examples of the ways in which your words and/or pictures can be used against you in a personal injury context.
What Should You Do?
After suffering a personal injury, don’t post on social media. While it may be extremely tempting if not natural, resist posting anything that illustrates that you’re fine. In short, don’t give the defense any reason to believe your injury isn’t as bad as you claim. Once you connect with the experienced legal team at John K. Zaid & Associates, we can help you to determine the best ways to remain engaged on social media without potentially harming your case, if remaining on social media is important to you at this time.
Birth Injury Lawyer in Houston, TX
A birth injury lawyer in Houston, TX knows that when you have a child, you should be happy and excited. But sometimes, there are risk factors or negligence when a baby is being born that can lead to birth injuries with long-term damage.
What is Birth injury?
Birth injury is a general term used to describe any injuries sustained by a newborn baby during labor or delivery. In Africa, Asia, and Latin America, birth injury is more common. While relatively uncommon, still about two percent of live births in the U.S. are affected by physical injuries not related to a preexisting condition.
In cases where the baby’s size may be too large in relation to the mother’s pelvis, birth injury occurs more frequently among larger-than-average babies. Doctors often use their hands, instruments, or vacuums to help with the passage of larger babies through the birth canal. If a doctor uses too much force while handling a baby or is not careful with birthing instruments, there can be injuries.
Common birth injuries may happen naturally during the birthing process, but may also be caused accidentally by the medical team performing birthing procedures.
- Caput Succedaneum
- Oxygen Deprivation
- Bell’s Palsy
- Bruising and Broken Bones
- Subconjunctival Hemorrhage
- Brachial Plexus Injury
Birth injury can be recognized and treated quickly. Injuries like lacerations, caput succedaneum, and cephalohematoma have a good long- and short-term prognosis. Your child’s prognosis will depend on a number of factors, including his or her overall health, additional conditions or injuries, and how well he or she responds to treatment.
Contacting a Birth Injury Lawyer
Our firm has experience in many fields of law including birth-related injury law, with a philosophy that keeps us working hard for our clients and being transparent and honest. We are honest about our expectations. We will help you grieve the injury, we will help you figure out what happened, and we will help you demand compensation from the hospital or medical staff.
A birth injury lawyer in Houston, TX can help you determine whether your child’s birth injury was negligence, or unavoidable. John K. Zaid & Associates will take great care with handling your case, to ensure that we look at every possibility and determine who, if anyone, was at fault and how much compensation the family is entitled to. Reach out to a birth injury lawyer in Houston, TX, such as John K Zaid & Associates.
Houston, TX Truck Accident Lawyer
Occasionally, people who are licensed drivers are involved in truck accidents caused by circumstances beyond their control. It may be that a truck driver makes a mistake, a vehicle malfunctions or changing weather conditions make an accident unavoidable. Sometimes, drivers experience medical emergencies that render them unable to safely operate a motor vehicle. You may wonder about your liability if you inadvertently cause a crash with a truck because of unexpected physical impairment. Before discussing that, it is important to be reminded of what to do if you are involved in any accident.
What Should You Do if There Is an Accident Between a Vehicle and a Large Truck?
It is ideal to keep a list of proper procedures to follow in the event of an accident with a truck.
This list assumes that you are physically able to complete the steps involved:
- Remain at the scene. If heavy traffic is present, you will want to get out of the drive lane, but do not travel farther than necessary for safety.
- Contact first responders by calling 911. Relay necessary details of the accident. If you are not sure of injuries, err on the side of saying there might be injuries.
- Check with others involved to see if there are injuries. If necessary, apprise 911.
- Secure contact information from other parties and from witnesses.
- Write down or make a recording of pertinent information.
- Make certain to inform your insurance company.
What If You Experienced a Medical Problem That Resulted in an Accident with a Truck?
The answer to this question is not as clear-cut as you might assume. On the one hand, if you are driving and through no fault of your own you lose the physical ability to control your vehicle, then you cannot be considered “negligent.” Thus, you and your insurance company would not be liable for damages caused by the crash. On the other hand, if you had forewarned of the medical problem and did nothing to prevent a possible accident, you might be found negligent and therefore responsible.
What Insight and Assistance Can an Attorney Offer?
Upon listening to your recounting of an incident and reading the police report, an experienced truck accident lawyer in Houston, TX will have a good idea of the degree of responsibility you may bear in an accident resulting from a medical condition. An attorney from John K. Zaid & Associates will be familiar with the laws and typical judicial rulings in the area where the accident occurred, as ordinances and judgments vary greatly. Consulting an attorney will give you insight into your liabilities and defenses.
Houston, TX Car Accident Lawyer
Within a few days after a car accident, you may receive a call from an insurance adjuster. While he or she may attempt to keep the call friendly and casual, this is a conversation that you should approach with extreme caution. If you give away too much or let your guard down, the conversation could affect how much you can recover in damages.
Here are some tips for handling the conversation with the insurance adjuster in a way that is not detrimental to you.
- Do Not Agree To Have Your Conversation Recorded
An insurance adjuster may ask your permission to record your conversation, perhaps with the excuse that it is for your protection or some vague “quality control.” Anything you say in the recording is evidence that, if damaging to your claim, is very difficult to refute, correct, or expand on later. You have the right to refuse to have any part of the conversation recorded, and you should assert your right very clearly at the beginning of the conversation.
- Set Limits on Conversations
This means keeping the time you spend on the initial conversation short and restricting the amount of information that you share with the insurance adjuster. However, it also means making clear that you will not make a habit of receiving his or her calls. In the interest of presenting and receiving accurate information, you should conduct most of the proceedings related to the claim in writing.
- Identify the Caller
When you first answer the phone, the adjuster will probably identify himself or herself by name. Ask for the information again so you can write it down. In addition to the adjuster’s name, collect his or her contact information (phone number and address), and the name of the insurance company he or she works for. Confirm the name of the insured, i.e., the other party involved in the accident, whose name you should have collected at the scene.
- Give No Details Related to the Accident
The only details about the accident that you have to share are:
- The type of accident
- The vehicles involved
- When and where it took place
- The identity of any witnesses
If the adjuster presses you for any further information, politely inform him or her that your investigation of the accident is still ongoing. Do not discuss any details of your injuries, and just say you are “still treating.”
During this phone call, you should remain polite but guarded. The adjuster may press you for more information or to accept a settlement, neither of which is typically in your interest. One of our attorneys can help you deal constructively with the insurance company.
Contacting a car accident lawyer
One final thing to keep in mind when working with insurance companies is that if you do take the company to court or reach a settlement, the company will almost always pay you promptly. If your accident occurred in or near the Houston area, we recommend working with a lawyer who has proven experience working in local and state courts.
Car Accident Lawyer Houston, TX
Finding yourself involved in a car accident is a stressful situation. Not only do you worry about your health and safety and that of others in your vehicle, but there are other implications. You could find yourself facing financial challenges as well as emotional and mental distress. It can be hard to process everything following a serious car accident, and recovering from an accident can take a long time. A Houston, TX car accident lawyer can help you determine the proper course of action.
Helpful post-accident guidelines
Don’t Leave the Scene
One of the worst things you can do after a car accident is to drive away. Even in minor collisions where there are no injuries, you should stay put. Fleeing the area can be incriminating, whether you are at fault or not.
Contact the Police
Regardless of the severity of the accident, you should alert the authorities. A police officer will arrive on the scene to investigate the cause. Emergency responders will also be on hand to evaluate your condition and determine whether you need treatment. When you speak to the officer, give an accurate description of what happened. Do not admit fault or place blame.
Exchange Information with the Other Driver
Emotions can run high after a car accident, but it’s important to stay calm. Speak to the other driver without getting upset, and exchange your contact and insurance information. Do not make any accusations about who was at fault. Keep your cool and let the police handle the investigation.
Talk to Witnesses
Chances are good that other drivers, as well as pedestrians and other bystanders, saw the accident take place. Feel free to chat with these people and get their perspectives on what happened. Witnesses can offer information and insight that you and others directly involved do not have.
Document the damage your car suffered. You can also take photos of skid marks and damage on the road. Take pictures of any injuries you and others in your car have. Also, write down where everyone in the car was sitting, and explain the nature of the injuries.
Get Medical Care
If you plan on filing a lawsuit and claiming medical expenses, you’ll need to involve medical professionals. Visiting the doctor’s office or hospital as soon as possible after the incident is vital. Have a doctor examine you and your passengers and make any diagnoses you have. Then, get the right treatment for your injuries.
If you follow these tips, you can have peace of mind.
Contacting a Car Accident Lawyer
Contact a Houston, TX based car accident lawyer from John K. Zaid & Associates for help getting the financial compensation you deserve for your injuries. If you have suffered loss of income and benefits while you recover, we will work diligently to recover the amount of wages you lost.
Dog Bite Lawyer in Houston, TX
If you or a loved one has been attacked by a dog in Houston, Texas, you may be able to get compensation for your injuries. It’s important to know that pressing criminal charges won’t result in compensation. Civil cases should be pursued to recover monetary damages. Even if you lose the criminal case, it is possible to file a civil claim but the standards of proof are different.
A civil suit for a dog bite involves a legal process in which you hold a party financially responsible for injuries, distress, and losses that have resulted from their wrongdoing. In Houston, TX, you will usually need a dog bite lawyer in Houston, TX to file a civil claim. Some lawyers don’t handle these types of cases.
Proven Dog Bite Case Experience
When you contact a prospective dog bite lawyer, be prepared to ask the lawyer if they have handled dog bite cases before. A good attorney should be equipped with solid strategies and defenses against the owner, and will be able to demonstrate how such strategies could apply to your suit.
State and Local Laws
Dog bite laws vary by state. Texas has a one bite rule. When it comes to liability on part of the owner, this means the dog’s first bite is free. The owner notices the dog’s tendency to bite after the first bite. The owner is more likely to be negligent if the dog bites again. In other states, Massachusetts for example is a strict liability state. The owner is most likely to be responsible for a dog attack.
When it comes to dog bite laws, they vary by state. For example, Texas is one of the only states with a one bite rule. This basically means the dog’s first bite is “free” when it comes to liability on part of the owner. After the first bite, the owner is on notice in regards to the dog’s tendency to bite. If the dog bites again, the owner is more likely to be found negligent. Whereas, Massachusetts, is a strict liability state. This means the owner is almost always liable for a dog attack.
If the dog bite took place in or near the Houston area, hire a local dog bite lawyer to ensure you receive the best representation and protection of your rights. A good lawyer should have passed the bar, be licensed to practice in Texas, and by extension have a sound understanding of Texas laws. Some law firms offer reciprocity, meaning they have passed the bar in one state but practice in another. This is acceptable as long as they understand the laws of the state.
What is Contingency?
When your dog bite lawyer is able to work on contingency, this means you are not required to pay anything up front. Only if you win, will a fee be deducted from the settlement. To learn more, call John K. Zaid & Associates today.
Brain Injury Lawyer in Houston, TX
An accident that results in a brain injury can adversely affect your life and impact your loved ones. Maybe your medical team has told you that your condition is irreversible and that you’ll live with it for the rest of your life. Even if that’s true, it’s still a good idea to get legal advice about your next steps.
Those who are dealing with the impacts of a brain injury caused by someone else might benefit from the services of a brain injury lawyer in Houston, TX from John K. Zaid & Associates. We work as your advocate and help gather evidence to build a strong case, assess the affected areas of your life, and help seek compensation for now and your future.
Gather Evidence To Build a Strong Case
No two brain injury cases are alike. Yours may have been caused by negligence, malpractice or a combination of several factors. Lawyers will take the time to understand the specifics of your case, plus compile the information that’s necessary before taking your case to court.
They know how important it is to collect substantial evidence that illustrates what happened to you and how it affects your life. Legal professionals will guide you in creating a case backed up by ample details, using their experience to let you know what to expect in the coming months if taking legal action.
Assess the Affected Areas of Your Life
There are probably at least a few areas of your life that the brain injury has affected that come to mind almost immediately. For example, perhaps you can no longer hold your previous job. However, your legal team will take a closer look at the overall impact of being a person with a brain injury.
They understand that a brain injury could disrupt your relationships, your career prospects, your ability to raise a family and the hopes and dreams that you had before the incident occurred. Lawyers will scrutinize how the brain injury affects your well-being and to what extent. Legal professionals can also refer you to medical specialists that can further examine your condition and its immediate and long-term impacts.
Seek Compensation for Now and the Future
Having a lawyer can also make it easier to understand what the future looks like for someone with your condition. For example, maybe you’re able to care for yourself now, but that could change as you get older.
If medical professionals have concluded you will not fully recover from your brain injury, that likely means you’ll need ongoing medical care. Your requirements could also extend to adapted housing and cars. Your legal team will use their knowledge to seek the highest possible compensation for what you’ve suffered.
Contact a Brain Injury Lawyer Today
Suffering a permanent brain injury has undoubtedly disrupted your life, and it may have left you feeling like you don’t know where to turn. Even if you’re unsure about taking legal action, contact a brain injury lawyer today to learn more about the options available to you.
Houston, TX Personal Injury Lawyer
If you have been in a bicycle accident, you may be wondering what happens if you take legal action. After you have sought medical help and contacted the authorities, there are a few more steps before you can receive the compensation that you desire. Bicycle accidents that were caused by the negligence of another on roadways in or near Houston, Texas are commonly handled by a Houston, TX personal injury lawyer from John K. Zaid & Associates.
Below are four steps that can take place in a bicycle accident case:
1. Talk to Insurance Companies
Once you have gathered all the proper documentation from your doctor, the authorities, witnesses, and the other person involved in the accident, you may contact or be contacted by an insurance company. Whether you must speak to your own company or the insurance company for the other person involved in the accident depends on your state. Regardless, if you are seeking maximum compensation, you will want to avoid negotiating directly with the other person’s insurance company.
2. Avoid Direct Negotiation
The other person involved in the accident may attempt to negotiate with you directly to avoid insurance premium increases or additional high costs. It is vital to prevent these negotiations as you may not know the full extent of the damages incurred or the amount of compensation you are potentially entitled to. Take the time to do your research, so you can move on to the next step: consulting an attorney.
3. Consult a Lawyer
An injury lawyer will have experience dealing with other cases like yours. They should know the laws specific to your area and other processes specific to your location. If the bicycle accident occured in or near the Houston area, consider reaching out to a Houston, TX personal injury lawyer from John K. Zaid & Associates for assistance with your case.
Legal counsel can walk you through dealing with insurance, gathering any extra necessary information, and dealing with any other people involved in the accident. A lawyer can even consult outside experts and collect and document other opinions that could be vital to your case.
4. Protect Evidence
Gathering information is essential, and so is keeping it safe once you have it. Your bicycle, clothing, helmet, protective gear, medical records, witness records, and police reports must all be guarded to ensure it is in the same condition and ready for use in legal proceedings if necessary. After consulting legal counsel, you should have a good grasp of what you need and how to keep it safe.
These are four typical steps in a bicycle accident case, but cases may vary in order or execution of the steps. Seek a lawyer to aid you in your case so that you can have support while seeking maximum compensation.
Truck Accident Lawyer Houston, TX
A good truck accident lawyer should be dedicated to helping families that have lost a loved one due to a truck driver or negligent behavior of a trucking company. It can be difficult to file a wrongful death claim, but skilled lawyers on your side can help.
Motor vehicle crashes can be very complex. They usually involve more than one vehicle and it is very possible for elements to influence the occurrence of a crash hours, days, or months before it happens. Crash experts don’t always conclude that crashes are the result of a single factor.
Factors that commonly lead to truck accidents include driver training and experience, vehicle design and manufacture, highway condition and traffic signaling, and weather conditions.
Motor vehicle crashes are commonly caused by fatigue, drinking alcohol, and speeding. The presence of these three factors, as well as other driver, vehicle, and environmental factors, can increase the risk of a crash that leads to serious injury, loss of life, and damage to property.
Critical events that commonly result in a crash. A critical event is something that happens when a truck is traveling and leads to a truck being involved in a crash. The driver may or may not be responsible for these events occurring.
- Running out of the travel lane, either into another lane or off the road.
- Vehicle loss of control due to traveling too fast for conditions, cargo shift, vehicle systems failure, poor road conditions, or other reasons.
- Colliding with the rear end of another vehicle in the truck’s travel lane.
When truck driver error results in a crash, it is usually due to one or more reasons:
- The driver fell asleep, was disabled by a heart attack or seizure, or was physically impaired.
- The driver was distracted by something inside or outside the vehicle and failed to observe the situation adequately.
- The driver was driving too fast for the conditions, or followed other vehicles too closely.
- The driver panicked, overcompensated, or exercised poor directional control.
Factors commonly associated with truck accidents
- Brake problems
- Traffic flow interruption (congestion, previous crash)
- Prescription drug use
- Traveling too fast for conditions
- Unfamiliarity with roadway
- Roadway problems
- Required to stop before crash (traffic control device, crosswalk)
- Over-the-counter drug use
Who is the best car accident lawyer in Houston, TX?
If you’ve recently been in a car accident, you may be trying to decide if hiring a lawyer is right for you. If you do determine that a lawyer is necessary; one might ask “who is the best car accident lawyer in Houston, TX?” If you’re considering representing yourself, continue reading for information that may help you make a more informed decision before settling on a plan of action following the accident.
Here are five ways hiring a car accident lawyer can help you:
- Assessing the Value of Your Case
Damages to your vehicle and any personal injuries, pain and suffering, and lost income will all influence the total compensation you could receive. A lawyer who has experience in car accident cases will use these factors to determine an appropriate amount.
- Answering Your Questions
Accident cases can involve a lot of different steps, qualifications, and variables. Your lawyer can explain timelines, necessary paperwork, and regulations. You will also have the opportunity to ask questions about any part of the proceedings, process, and laws.
- Gathering Evidence
Proving that the other party was responsible for the accident is the first step to receiving any compensation. A lawyer has contacts and resources, such as private investigators and expert witnesses, who can help gather the proof you need to establish your case.
- Handling Communications and Negotiations
Communications with an insurance company or the other party’s lawyer can be filled with specific legal terms and technical jargon. This practice can make the whole process of trying to settle your case more stressful and difficult. Your lawyer can be an effective advocate on your behalf, handling the bulk of these communications while keeping you updated on everything you need to know.
Negotiation is often a part of accident cases, and a successful negotiation can sometimes lead to a much quicker resolution. A lawyer who is familiar and comfortable with fighting for a fair settlement can make a big difference in the outcome of your case.
- Managing the Process
Court dates, filing deadlines, scheduling meetings, and tracking correspondence are just the tip of the iceberg when handling a car accident case. Just trying to keep track of dates and ensure all the paperwork is submitted correctly can be overwhelming. But when you have a lawyer, they and their team can help to ensure that the process goes as smoothly and successfully as possible.
These are just a few of the many benefits you can receive working with an experienced car accident lawyer. Contact a lawyer near you for more information on how they can help you with the specifics of your case.
Who is the best car accident lawyer in Houston, TX?
To answer your question, it will heavily depend on finding a lawyer that understands your rights after a car accident and it is going to figure out how much your claim is worth. Even though it is difficult to determine the value of your claim, it is not wise to proceed alone. When you are accompanied by a car accident lawyer from Zaid Law, you will not be alone; our wealth of experience in representing clients involved in car accidents will help bring you a sense of comfort and be confident in taking legal action.
According to the National Highway Traffic Safety Administration, rear-end collisions are the number one type of car accidents in the U.S. that involve two or more vehicles. Whether they occur on a busy interstate highway or a rural back road, these all-too-common accidents can still lead to serious injuries. So, what should you do if you are involved in a rear-end collision?
Sometimes fault may be simpler to determine in rear-end accidents than in other types of crashes, though, you should use your phone to document everything you can at the scene if you are not seriously injured. Insurance companies often push back on claims or dispute the seriousness of a person’s injuries. This is because it is often difficult to quickly assess the severity of common rear-end accident injuries, including whiplash, back and spinal cord injuries, and traumatic brain injuries. These types of injuries can often take weeks or months of physical therapy to heal or determine if surgery is needed.
If you have been injured in a crash, it’s critical to see a doctor as soon as possible. Immediately following the crash, adrenaline may be racing and masking pain or discomfort from an injury. Even if pain does not occur for a few days, you should still see a doctor. Many people with neck or back discomfort put off this step, hoping the pain will go away on its own. Unfortunately, the injury can sometimes worsen. With soft tissue injuries, it can be necessary to see a specialist, not just visit the emergency room. Patients often need complex imaging from professionals with a thorough understanding of the neck and back to properly diagnose and treat the injury.
Aside from the medical necessity of seeking treatment, it will also increase the likelihood of a successful claim. Insurance companies look for delays in treatment, trying to argue that the injury was not really serious, that the person had a pre-existing condition, or that they were somehow injured after the crash. Having medical records from a specialist will help demonstrate the extent of the injuries and their cause.
Finally, if you have been injured in a rear-end collision, it may be necessary to hire an attorney who can help you get compensation for your damages whether they include loss of pay due to being unable to work, out-of-pocket medical expenses not covered by your insurance, or pain and suffering you may have experienced.
Accidents can happen when you least expect it, and when they do, your life may never be the same. No matter how cautious or careful you may be, you can become an accident victim. Car accidents, pedestrian accidents, product defects, and occupational accidents are a few of the most common types of personal injury accidents. Talking to a personal injury lawyer like one from Saavedra Law Firm, PLC can help you find out what damages you may be eligible for. Below are some types of damages that accident victims often are able to recover.
The expenses for an accident injury can amount to hundreds or even thousands of dollars if the injury is serious. This can be a heavy burden for many victims. Most victims who have suffered moderate to severe injuries after an accident include medical costs in their list of damages. Have a lawyer calculate your medical bills so that nothing is left out when you submit your claim.
Pain and Suffering
In legal terminology, pain and suffering are damages that refer to the physical and emotional distress that a victim goes through following an accident. It can mean things like aching pain, discomfort, physical scars, and inconvenience caused by the injuries. This category of damages covers a range of various conditions.
If you have suffered property damage or a total loss such as a car, you may be able to recover compensation. Many accident victims also experience thousands of dollars in property damage. Figuring out the accurate cost is not always easy, so have a lawyer do it for you. You can explain to your lawyer about the property that has been damaged and they will calculate the full amount owed to you.
A skilled lawyer can calculate your economic and non-economic damages for you. The process can take a long time and without sufficient legal experience and knowledge, attempting to complete the task alone can result in critical mistakes.
You could be entitled to damages that you may not be aware of. The only way to be sure is to reach out to a skilled personal injury lawyer so they can inform you. Allow them to do the work necessary so that you can obtain compensation you deserve. Explore your full legal options so that you can make the best decision and strengthen your chances of getting a fair settlement. Contact a top personal injury lawyer now.
Houston, TX Wrongful Death Lawyer
When a loved one unexpectedly dies, those who knew that person experience great sadness. If there’s a guilty party to blame, taking that person or entity to court is often the most reasonable path forward. You never want to go to trial without the right lawyer in your corner. Here are some characteristics you should look for in an attorney.
A wrongful death is one that was avoidable but for the actions of another person, whether it was negligence, assault, or an unjust act. Every wrongful death lawyer in Houston, Texas from our firm will fight for the rights of family members who have suffered through the immeasurable grief and hardship of the loss of a loved one.
One of the primary characteristics you need in a legal representative is experience. Most attorneys have specific fields in which they work, and wrongful death is one of them. Your odds of triumphing at trial are much greater if the person arguing on your behalf has a history of handling these sorts of cases. You’re likely to pay less for someone new to the profession. Consequently, you’ll also have a much lower likelihood of securing a win.
Along with an attorney’s work history comes notoriety. Some are known as being tough and effective, while others are considered inattentive and inept. The one you choose should be the former. Start with recommendations from others who’ve been in similar circumstances. These people will inform you whether they believe someone is capable of getting the job done. Check potential legal advisers further by scanning their websites and seeing what endorsements they’ve earned. Google them, read customer review sites and get a sense of whether recent clients have left satisfied.
Every professional must respond to customers quickly and thoroughly. When searching for someone to work on your behalf, make a list of how long it takes before each attorney responds. Undoubtedly, you have questions regarding your case. Issue a handful of queries and pay attention to whether every matter that’s concerning you is answered. The results will help determine which attorney makes the most appropriate fit.
In your time of grief, the last thing you want is a lawyer who views you as simply an opportunity to cash in. Find someone with a strong sensitivity toward your emotional situation. Feelings may still be raw, and there might be the sense that a particular attorney doesn’t recognize this reality. Keep searching until you find one that you’re comfortable crying in front of while talking about this matter.\
You only get one opportunity to take someone to court. Finding an effective and agreeable lawyer to litigate your wrongful death suit is therefore vital. Search for one with the above qualities to fight for your interests.
Contacting a Wrongful Death Lawyer
We provide a compassionate and patient ear during a no-cost consultation to discuss your case. Call John K. Zaid & Associates today for a free consultation with a wrongful death lawyer Houston, TX families trust.
Everyone goes through especially difficult mental struggles at some point in their life. However, when it gets to the point where your struggles are becoming too overbearing for you to resolve them alone, it could be a sign that you should seek help. A trained and experienced therapist who specializes in depression therapy, like one from Lotus Wellness Center can evaluate you and go over methods and solutions to help you seize control of your life again. If the following statements apply to you, see if attending depression therapy sessions would be beneficial.
You feel socially isolated
As we get older, we may find our social circle becomes smaller. While this is natural, if you feel like you have gone through a significant change in your social life or feel much more isolated, then seeing a therapist may help. Being completely cut off from family and close friends can have a strong detrimental effect on your mental health. Not having a reliable support system can make it more difficult to overcome the struggles you are facing.
You lost interest in your favorite activities
Spending time doing your favorite hobbies or recreational activities can make you feel happy and fulfilled. If you suddenly find yourself losing interest in things that previously gave you joy, it could signal that there is a deeper issue that needs to be addressed. Talking to a certified depression therapist can help you to better understand what is affecting you and the reason for your shifting interests.
Your issues are affecting your work
Maintaining a healthy work-life balance is a challenge for many people. When personal struggles begin to affect productivity at work, it can be a red flag. It can also put your financial stability at risk, which can result in long-term consequences. People struggling with depression may find it harder to complete their tasks. If you believe that your depression is affecting you at work, you may benefit from scheduling a session with an experienced therapist.
You don’t have a sense of purpose
A sudden loss of purpose or calling can have a tremendous impact on our mental health. Many people want to feel a sense of fulfillment or be engaged with rewarding work. When people find that their passion or feeling of belonging is suddenly extinguished, it may be a sign that their mental health is affected.
You do not have to struggle through your mental issues alone. If you are struggling with depression and want to talk to a licensed therapist who is familiar with depression therapy, schedule an appointment now.
Rideshare companies like Uber have made it much easier to get around. However, as an Uber accident lawyer, like one from Therman Law Offices, LTD, can explain, Uber drivers have contributed to many accidents. Here are some common causes of these types of accidents:
The more riders Uber drivers pick up, the more money they make. As such, some drivers spend long hours on the road trying to make a decent living. Unfortunately, driving long hours can lead to fatigue. When Uber drivers are running on little sleep, they may lose focus of the road ahead, increasing the risk of an accident.
Some Uber drivers may drive above the speed limit to get their passengers to their destinations quickly. They can also pick up their next passenger faster and make more money. However, speeding can lower an Uber driver’s reaction time and put everyone on the road in danger.
Distracted driving causes a large number of Uber accidents. Uber drivers often have to scan for passengers and look at their GPS in unfamiliar areas. They may also look and respond to text messages, eat, drink and talk to passengers. These distractions, though, force Uber drivers to divert their eyes and attention off the road ahead. When they are focusing on something else, they might not have enough time to react to the vehicle in front stopping suddenly or other hazards on the road.
The dangers of drunk driving are well-known. However, that does not stop some drivers, including Uber drivers, from operating a vehicle under the influence. Alcohol can impair an Uber driver’s judgment and make it more difficult to react to situations quickly.
Failure to Maintain Vehicles
It is every Uber driver’s responsibility to properly maintain their vehicles. They are expected to schedule regular inspections and get repairs when necessary. However, not all Uber drivers do this. They may skimp on maintenance to save costs or because they do not make it a priority. Unfortunately, lack of maintenance can increase the risk of accidents. For example, if a driver fails to get faulty brakes repaired, they could lose control of their vehicle.
If you have been injured in an Uber accident, you may want to schedule a consultation with an Uber accident lawyer to discuss your case in detail.
Medical malpractice lawsuits are particularly difficult because there is a big element of trust that has been broken in the doctor-patient relationship. People believe that when they go to the doctor they are doing something good for their health. It is alarming to realize that sometimes, medical professionals can be wrong or do something that harms you. If this ever happens to you or a loved one, you need to contact a medical malpractice lawyer, like one from Hall-Justice Law Firm, right away. There is a statute of limitations for filing in place in every state, so you need to make sure you do not miss the deadline.
Someone Needs to Investigate the Medical Professional
If you were injured and believe it was because your doctor was negligent in one way or another, he or she needs to be investigated. By hiring a lawyer, you are enlisting the help of someone who has been through this time and time again. An experienced medical malpractice lawyer will know who to talk to in order to investigate the situation and see what went wrong.
By investigating the person who potentially hurt you, you can prevent others from meeting the same fate as you. If a doctor is negligent or treats you the wrong way, he or she may do the same with other patients. There should absolutely be an investigation to make sure other people do not get injured the way you did.
The Doctor Could Lose Their License
Every medical professional needs a license to practice. If a doctor does something that is not within the realm of normal care, he or she can lose their license for that. Someone who does not have good sense or bedside practices should not be in the medical field, so it is important to hold these people to a high standard of care.
The Patient Needs to Be Compensated for Their Injuries
If someone is injured or if their illness goes undetected because of a doctor’s negligence, the medical professional needs to be held accountable and the patient needs to be compensated. An experienced medical malpractice lawyer will know how to prove that negligence occurred and how to calculate damages for this. Your lawyer may hire a team of expert witnesses to testify that what your doctor did was, in fact, negligent practice. This is a great way to offer additional proof in court.
Calculating damages for medical malpractice can be difficult, but an experienced lawyer will know how to do so. You deserve to have all of the medical costs associated with the malpractice taken care of, as well as any additional suffering you have had to endure because of it. This may be lost wages if you had to miss work or can no longer do the tasks your job requires. It could also be emotional pain and suffering you went through because of the malpractice. Your doctor should pay for what he or she did to you and needs to be held accountable. Contact a lawyer right away to begin gathering evidence and ensure you meet the statute of limitations for filing.
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 happens, 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’s rear that says 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 sides, 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 a 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, 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.
In the healthcare setting, choking is referred to as “acute upper airway obstruction.” While uncommon, the results of an obstructed airway can be catastrophic, so healthcare personnel must be trained and ready to deal with this dire emergency. In a healthcare setting, such as a hospital, nursing home, or group home, there are relatively few conditions or events that rise to the level of a dire emergency. Acute upper airway obstruction is one such circumstance. A delay in recognizing or in treating an obstructed airway or failure to use proper techniques to resolve an obstruction can form the basis for a medical malpractice lawsuit.
How a Medical Malpractice Attorney Can Help
An experienced medical malpractice lawyer, like a medical malpractice lawyer in Cleveland, OH, will continually review medical literature to familiarize themselves with medical standards of care, guidelines, and recommendations. For example, a recent article in the New England Journal of Medicine (NEJM) provides valuable information about acute upper airway obstruction, its causes, diagnosis, and treatment. In the setting of emergency medicine and trauma medicine, the initial assessment of the patient focuses on the ABCs — airway, breathing, and circulation. The ABCs must be working before further assessment of the patient since without adequate airway, breathing, and circulation, no other treatment will be effective. A good attorney will keep up with medical news by reading journals like this.
The NEJM article begins by saying, “[a]cute upper airway obstruction is a life-threatening emergency and requires immediate assessment and intervention with little margin for error…” Outside of the healthcare setting, we recognize that swallowing virtually any object can pose a choking hazard. However, in the healthcare setting, airway obstruction can occur due to internal events, such as inflammation or collections of fluid or pus that compress the airway.
Treating Airway Obstruction
Treating acute upper airway obstruction in a hospital or other healthcare facility requires prompt diagnosis and immediate assessment of the patient to determine the best way to intervene and resume ventilation. Treatment options depend upon the cause of the airway obstruction which might include croup, epiglottitis, Ludwig’s angina (swelling due to abscess or infection), angioedema, a tumor, a foreign body, or a hematoma. Other causes include obstructive sleep apnea, asthma, and inhalation injury following a burn. Finally, trauma to the airway from a penetrating or blunt force can lead to obstruction.
Brain Injury Due to an Obstructed Airway
When a patient suffers anoxic brain injury as a result of an obstructed airway, a medical malpractice lawyer will want to review all records surrounding the patient’s care and treatment. In addition, it is important to interview eyewitnesses including physicians, residents, nurses, and family members, since the medical record often lacks potentially critical details. Note that in the course of responding to an emergency like an obstructed airway, the medical record will not be prepared until once the emergency has resolved and the record keepers have an opportunity to collect themselves. The record may be prepared with a medical negligence lawsuit in mind so that key facts are omitted or altered.
Preventing Problems Caused by a Blocked Airway
Many inflammatory conditions, such as epiglottitis and anaphylaxis, can be easily treated or prevented altogether. The NEJM article recommends a stepwise approach, called an algorithm, for resolving a difficult obstructed airway. Common interventions include intubation, oxygenation, ventilation or — when those fail — surgically opening the airway below the level of the obstruction. Any time that an obstructed airway results in severe, permanent anoxic brain injury, the patient’s medical records should be carefully reviewed by an experienced medical malpractice lawyer.
Thanks to Mishkind Kulwicki Law for their insight into how medical malpractice lawsuits can be formed due to problems that come from airway obstruction.
If someone close to you has recently been killed as a result of someone else’s actions, you may be wondering if you have the option to file a wrongful death lawsuit. This kind of claim is meant to allow the loved ones of the deceased to receive compensation for their loss. However, not just anyone can file. Only certain people with the right relationship to the victim can file a wrongful death claim. This guide will answer all your questions about who can file.
Who Can File for Wrongful Death?
The answer to this question depends heavily on which state you live in. Each state has its own laws about who can and cannot file a wrongful death lawsuit. These individuals always have this right, regardless of the state:
- Parents of a minor victim
- Minor children of the victim
- Spouses of the victim
Then, in certain states, these individuals are also allowed to file:
- The extended family of the victim
- Siblings of the victim
- Parents of an adult victim
- Adult children of the victim
The first step in the process should be to determine whether or not you are even allowed to file. You can do your own research or speak with an attorney who specializes in wrongful death. If you cannot, you may want to work with a family member who is allowed to file.
What Can Be Claimed?
The matter of who can file a claim brings up another matter. In a personal injury lawsuit, all the damages claimed are losses the victim has suffered personally. However, in a wrongful death lawsuit, you are filing on behalf of the victim. This means that you can make claims based on the victim’s losses, but also for your own losses. These are the two categories that damages can fall into.
The damages that the victim suffered may include pain and suffering, medical bills, lost wages due to the injury, emotional distress, the purchase of medicine or medical equipment, and damage to property. The damage that the loved ones of the victim suffered may include pain and suffering, emotional distress, loss of companionship, loss of financial support, funeral costs, and burial costs. All of these damages can be claimed in a wrongful death lawsuit. Additionally, punitive damages may be assigned, which are meant to act as a punishment for the defendant.
You can learn more about what types of damages are likely to speak with an attorney, like a wrongful death law firm in Indianapolis, IN. This should be the first step you take.
Thank you to the experts at Ward & Ward Law Firm, for their insight into personal injury law.
Potholes can cause serious damage to cars, but they can also cause injuries to car occupants. Striking a pothole can cause a flat tire or axle damage that causes a driver to lose control of the car. Drivers often stop abruptly after hitting a pothole, potentially triggering a rear-end collision or pileup.
Even when a pothole does not cause a driver to collide with another car, potholes can lead to car occupant injuries. Research shows that potholes can trick impact sensors into deploying airbags. Car occupants can suffer serious facial injuries and hearing loss when airbags deploy.
Hitting a large pothole can produce the same force as a 35-mph collision. Even if airbags do not deploy, occupants who are wearing safety harnesses can suffer serious joint and neck injuries after a car hits a pothole. Occupants who are not wearing seatbelts may experience concussions, brain trauma, and other serious injuries.
Health Benefits of Seeing a Doctor Promptly
No law sets a time limit for seeing a doctor after a car accident. There are, however, time limits associated with bringing a claim for compensation. Most states also impose strict time limits on providing the government with notice of the claim. Injury victims can protect their rights by obtaining immediate advice from a car accident lawyer after they are involved in a pothole accident.
It is just as important to seek medical advice immediately after a car accident. Whiplash injuries might not produce pain until two or three days after the accident, but prompt treatment — even before the pain starts — can reduce the duration and severity of pain that the injury victim eventually suffers.
Head injuries can cause bleeding and swelling of the brain, but an accident victim might not realize that they have a serious injury until it is too late to prevent death. Delayed treatment of muscle and nerve injuries can cause them to worsen over time. An accident victim who tries to “walk it off” or who doesn’t want to miss work to see a doctor may end up with a long-term disability that could have been prevented with prompt treatment.
Settlement Benefits of Seeing a Doctor Immediately
While a negligence claim is typically made against the government when a pothole causes an injury, state and local governments usually purchase insurance for negligence claims. The insurance adjusters who handle the claims have an incentive to save money for the companies that employ them. For that reason, they look for excuses to avoid paying full compensation.
When an accident victim does not immediately visit a doctor, an insurance adjuster will often claim that the victim came up with the idea to make a false insurance claim. The longer an injury victims puts off medical care, the more likely the adjuster will be to argue that the injury is fabricated or resulted from something that happened after the pothole accident.
Insurance adjusters scrutinize medical records in their search for an excuse to deny full payment of a claim. They pounce upon any gap in treatment as evidence that the injury victim stopped seeking treatment because the victim recovered from the injuries. If a victim stops treatment, it is difficult to overcome the suspicion that the victim’s injuries had fully healed.
To maximize the opportunity to receive full compensation, it is important for pothole accident victims to visit a doctor immediately and to follow the doctor’s course of recommended treatment. If the victim cannot attend a treatment appointment, he or she should reschedule the appointment immediately. If physical therapy is painful or time consuming, the victim should still make a point of attending every session. When medical records show that injury victims did everything their healthcare providers asked them to do, it is difficult for insurance adjusters to claim that the victim is faking an injury.
Head trauma on the job can happen in several ways; you may be hit in the head by another co-worker’s equipment, or you might fall off a construction crane. No matter how mild or severe the injury, two things should happen: You should receive medical treatment as soon as possible, and you should follow up with a workers’ compensation claim.
What Is a Traumatic Brain Injury?
A traumatic brain injury (TBI) typically occurs in conjunction with a head trauma sustained after falling or being hit with an object. It is often common in construction, warehouses, delivery and other heavy physical labors.
A TBI, at best, is a mild concussion but could also be as damaging as a coma, a persistent vegetative state or fatal brain damage. Onset symptoms can include, but are not limited to:
- Dilated pupils
- Slurred speech
- Acute changes in behavior
Victims of TBIs may often experience chronic symptoms like difficulty speaking and processing information, impaired motor skills, loss of emotional control and fatigue. The medical costs of a TBI can be extensive, and the outcomes could last a lifetime. If even a mild head injury is sustained at work, it can be crucial to report it and get treatment to minimize effects and stay eligible for workers’ compensation.
Workers’ Compensation Eligibility
It’s simple. If you or a loved one suffers a TBI on the job, it’s usually eligible for worker’s compensation, right?
Right … but it isn’t always simple. Traumatic brain injury can be tricky because the signs may be subtle and often don’t appear right away. Perhaps worse, in the case of closed head trauma, the severity of the TBI can also be disproportionate to a seemingly trivial injury.
After suffering from head trauma at work, the incident should be reported to the employer, and a victim should seek medical attention immediately. Getting treatment is crucial to limiting the potential damage caused by a TBI. It is also vital to have a record of where and when the injury happened. If there is no record and delayed onset of symptoms, an insurance company may argue that an injury on the job did not cause the TBI.
Treating and managing the effects of a traumatic brain injury can last a lifetime, and the cost can be debilitating. If you or a loved one receives a head trauma at work, go to the emergency room, document the incident with the employer and follow up with a personal injury lawyer in Miami, FL.
Thanks to Needle & Ellenberg, P.A. for their insight into personal injury claims and workers compensation claims involving traumatic brain injury.
The desire to be ecologically conscious has led to an increase in the number of cyclists on the roads every day. Streets have become more congested with cars, and cities are becoming friendlier to bicycles. However, this can be a serious danger to pedestrians, who are more used to watching for loud, large cars than they are for the slender, quiet bicycles. A study by one college examined the prevalence of these bicycle-pedestrian accidents in light of the uptick in urban bicycle usage. The study, which focused only on New York, discovered that there are over 4,000 New York bicycle accidents involving pedestrians every year. These accidents can be serious enough to lead to hospitalization and even fatal in some instances.
Injuries Caused by Bike Accidents
Bike accidents can cause a variety of serious injuries to pedestrians. Although bikes do not have the same amount of momentum as an automobile, they have the ability to inflict severe harm on pedestrians. Broken bones, sprains, and serious contusions or lacerations are common results of these types of traffic accidents, but bikes can also cause traumatic brain injuries if the pedestrian falls at the wrong angle or strikes their head on something during the fall. These brain injuries can cause concussions, nausea, vomiting, dizziness, headaches, and seizures. They can even put a person into a coma or end their life if the injury is serious enough.
Responding to a Bicycle Accident
The steps to respond to a bicycle-pedestrian accident are much like those used to respond to an ordinary car accident. The first step is to take stock of everyone’s injuries and call for medical attention if necessary. Once that has been accomplished, it is important for the parties to exchange contact information and insurance details. The parties should also alert the police to file a report about the accident.
One of the largest differences between bicycle-pedestrian accidents and standard traffic accidents is their propensity to become hit-and-runs. Many cyclists do not understand that they have to remain at the scene of an accident like a motorist would, and even some of the ones who do know, choose not to. This can become even more complicated by the fact that most riders do not have license plates on their bikes, which makes them more difficult to identify. In these sorts of situations, the best option is to record as much detail about the cyclist as possible, maybe even speaking to witnesses to get more information, and then reporting the incident to the police along with the description.
If you were recently injured in a bicycle-pedestrian accident, contact a lawyer to find out how they can help. They can schedule a free case evaluation with a skilled personal injury lawyer Des Moines, IA residents recommend and determine what kind of financial compensation you may be entitled to. Call a law office today.
Thanks to Johnston Martineau, LLP for their insight into personal injury claims and bicycle and pedestrian accident injuries.
Personal Injury Lawyer
Finding yourself on the receiving end of an injury of any kind can lead to changes in your lifestyle. However, no casualty has the potential to lead to long-term consequences like a brain injury. Traumatic brain injury occurs when an event causes damage to the brain. The damage may vary, but the effects may be felt for awhile, or even a lifetime. Explore some of the facts about brain injury and the signs and symptoms you need to monitor.
Causes of Traumatic Brain Injury
An accident that causes a traumatic brain injury (TBI) may involve falling, getting in a fight, or being in a car crash. A TBI does not apply to damage caused by a stroke or something that happened internally. It almost always starts as some sort of impact to the head. In some instances, the head may not need to hit anything for the brain to be injured. The force of some accidents causes the neck to snap back and forth, forcing the brain to move around in the skull. The result of this rattling may be extensive bruising, swelling, and bleeding.
Signs and Symptoms of TBI
If you have never hit your head, you may not believe there is any cause for concern over a brain injury. However, understand that anything that causes the brain to bleed or bruise may eventually lead to a catastrophic injury. After you have been involved in an accident or event that may have caused a TBI, keep an eye out for:
- Extreme fatigue
- Change in speech (slurring words, difficulty with vocabulary)
- Memory problems
- Worsening headaches
- Nausea or vomiting
Degrees of Damage
TBIs range in severity from minor bruising to death. Things like minor concussions or bruising may resolve with little medical intervention. However, it is necessary to remain in touch with a doctor and follow up as directed. Sometimes a doctor may believe the brain will recover when it doesn’t. Other times, there is something else going on that doesn’t immediately show up, such as internal bleeding.
Long-term effects of a brain bleed or swelling may result in paralysis, permanent brain damage and eventually death. If someone you love suffered a TBI due to someone else’s actions, such as a car accident, an attorney may help recover some of the costs associated with providing them with long-term care. Even if the damage is permanent and the chance of recovery futile, they still deserve a high level of care.
The brain is the hub of the body’s nervous system. It runs the show. Therefore, an injury to it may have serious consequences that affect every part of the body. A brain injury lawyer, like a brain injury lawyer in Orlando, FL, may be able to aid in helping your family get through the process of caring for a loved one.
Thanks to Needle & Ellenberg, P.A. for their insight into the facts about traumatic brain injuries.
Riding a bicycle isn’t just a fun recreational activity. It’s also a means of transportation for many people these days. When you ride a bicycle to work and other destinations, you don’t have to worry about finding parking or paying for gas. While many cities have made an effort to create more bicycle-friendly environments, cyclists still risk getting injured by careless drivers. Here are some of the most common causes of bicycle accidents.
Opening a Car Door
Before opening their door in traffic, it’s important for drivers to first make sure it’s safe to do so. This includes checking for bicyclists that may be approaching their vehicle. Unfortunately, not all motorists do this. If a door swings open quickly into the path of a bicyclist, they will either hit the door or hit other vehicles trying to avoid it.
Distracted Driving and Riders
It’s just as important for bicyclists as it is for drivers to keep their eyes on the road at all times. Unfortunately, too many bicyclists and drivers look at their smartphones while on the road. Taking your eyes off the road for even a split second can increase your risk of getting into an accident.
Making a Turn
A large percentage of accidents involving vehicles and bicycles occur during turns. When bicyclists are next to a vehicle, they often get caught in the motorist’s blind spot. Drivers who don’t look before making a turn can cut in front of a bicyclist and hit them.
Following Too Closely
Accidents can also happen when bicyclists and drivers follow too closely behind each other. If the bicycle or car in front makes a sudden stop, it can cause a rear-end collision. Bicyclists and drivers to leave plenty of space to make sure they have enough reaction time to avoid hitting the other person’s back end.
It’s dangerous for both motorists and bicyclists to speed. Although bicyclists can’t ride as fast as cars, they still shouldn’t try to ride as quickly as they can. When bicyclists ride too fast, they won’t have enough time to react if a vehicle suddenly pulls out in front of them.
Harsh Weather Conditions
It’s wise for bicyclists to avoid riding during harsh weather conditions, but they can still get caught in an unexpected rainstorm sometimes. When this happens, they will have more trouble seeing what’s in front of them and are more likely to get into an accident. Rain can also make bicyclists less visible to motorists.
Were You Injured in a Bicycle Accident?
If you were recently injured in a bicycle accident that was caused by a motorist, you may be entitled to compensation. It’s important to speak to a qualified personal injury lawyer in Des Moines, IA about your case as soon as possible.
Thanks to Johnston Martineau, LLP for their insight into personal injury claims and common causes of bicycle accidents.
Motorcycle Accident Lawyer
Safety features in cars, including seatbelts and airbags, provide protection against injuries in certain kinds of collisions. Motorcycle riders have no comparable protection. They depend on a helmet and clothing to act as a safeguard against head injuries and road rash. Unfortunately, even the best gear can do little to prevent painful injuries in a motorcycle accident.
When motorcycle riders are injured because of another person’s carelessness, they are entitled to pursue compensation. The largest component of most settlements compensates injured motorcyclists for their pain, suffering, and emotional distress.
Compensation for Georgia Motorcycle Accidents
Georgia law endeavors to make accident victims whole. It does so by requiring the people who caused the injuries to compensate accident victims for their losses.
Substantial motorcycle accident injuries lead to substantial medical bills. Some riders have health insurance that will help them pay those bills. Others are uninsured. Even when motorcyclists have health insurance, however, they are billed for co-pay and deductible expenses that their policies do not cover.
Compensation reimburses motorcycle riders for their medical expenses. It also assures that they will be able to pay for future medical care that they will likely need. In addition, compensation covers the expense of coping with disabling injuries. For example, compensation may pay for wheelchairs as well as the cost of making a home wheelchair accessible.
When injuries prevent a motorcycle accident victim from working, compensation reimburses lost wages. If a disabling injury will reduce the victim’s ability to earn income, compensation should cover that lost earning capacity.
While those categories of compensation address economic losses, Georgia law also recognizes that accident injuries cause emotional losses. Compensation for pain, suffering, and emotional distress addresses those intangible losses.
Compensation for Pain and Suffering Caused by Georgia Motorcycle Accidents
While pain, suffering, and emotional distress are not tangible, they are undeniable consequences of accident injuries. Road rash, broken bones, and torn muscles cause intense pain. Motorcycle accident injuries often lead to long-term impairments that cause lasting pain.
Physical pain and disabilities produce emotional pain. The inability to lift a child, to play a sport, or to continue riding a motorcycle can be emotionally devastating. The inability to work after an accident impairs self-esteem. Motorcycle accident victims often suffer from depression or post-traumatic stress as a result of their injuries.
Georgia law recognizes that pain, suffering, and emotional distress deserve compensation. Accident victims cannot be made whole without that compensation. While money does not make pain go away, compensation helps to offset pain by improving the quality of the accident victim’s life.
Compensation contributes to emotional security by relieving disabled accident victims from the worry that they will not have the financial resources to cope with their disabilities. When activities like mowing the lawn would aggravate pain, compensation allows victims to avoid pain by hiring a landscaping service. Compensation can therefore be used to ease stress and make pain more tolerable.
Measuring Compensation for Pain and Suffering from Georgia Motorcycle Accidents
While financial losses can be measured, there is no formula for calculating the compensation that should be paid for pain and suffering. Pain affects every person differently. Some motorcycle accident victims cope with emotional distress more readily than others.
A motorcycle accident lawyer can rely on their knowledge and experience to place a value on pain and suffering. They keep track of the verdicts that local juries award in motorcycle accident cases. They compare a client’s pain to the pain described by other victims in injury trials. That knowledge creates a baseline that lawyers use to measure the compensation a motorcycle accident should receive for pain, suffering, and emotional distress.
Car Accident Lawyer in Deer Park, TX
Your children are your top priority, and when they get sick or hurt, you want to do everything possible to help. If they suffer an injury as the result of another, you may want to look into getting help with paying for their medical care. How does the claims process work when a child is involved? Take a look at some of the top ways a child may suffer a personal injury, and also how to handle filing a personal injury claim to recover damages.
The Claims Process for a Child
When a child gets hurt, and that injury is the result of another’s negligence, you may have the right to file a personal injury lawsuit on their behalf. A minor under the age of 18 will be named in the suit, as will their parents. While the laws vary from state to state, this is the generally accepted practice in handling a lawsuit where a minor is a plaintiff. Consider some of the most common ways a child may suffer an injury due to someone else’s negligence.
The most common way a child suffers a traumatic injury is during the course of a car accident. Children who are not adequately restrained may be ejected or tossed around, suffering catastrophic injuries or death. Even when they are strapped in the right way, depending on the mechanics of the crash, they can wind up getting seriously hurt. Therefore, if you and your child are in a motor vehicle collision, you want to be sure they get checked thoroughly before writing off bumps and bruises.
People may not realize how easily an innocent encounter with a dog might turn into a severe injury for a child. It is common for children to seek out animals, especially when at someone else’s home or the park. However, dogs can inflict a significant amount of damage in a short amount of time. There are also times when an animal who is not correctly restrained gets out and harms a child walking by or playing in an adjacent area. If the owner is negligent, you may have a case for negligence.
Your child will spend a significant amount of time at school from daycare through high school. It is here they have a good chance of suffering some injury. The severity of which depends on the incident leading to the injury, but everything from scraped knees, broken bones, and traumatic injury may occur. These injuries, whether accidental or part of an overt violent act by someone else, may qualify in the personal injury category.
Contact a car accident lawyer in Deer Park, TX might be able to assist you with filing a claim for your child.
Call John K. Zaid & Associates for their insight into personal injuries and children.
Nursing Home Lawyer Houston, TX
When you move your loved one into a nursing home, you put them in the responsible hands of the nursing home’s medical care professionals. In a perfect world, you would expect the staff to treat your family members as if they are members of their own family, but unfortunately, this doesn’t always happen.
If you are suspicious about the going-ons in your loved one’s nursing home, don’t hesitate to contact an attorney at the first sign something is wrong. Here we have compiled an intro guide on what anyone should know about nursing home law in case you experience some situations you may be uncomfortable with.
Responsibilities of the Nursing Home
Under the 1987 Nursing Home Reform Law, there are specific requirements a nursing home must abide by when caring for their residents.
- Having an adequate amount of staff compared to the number of residents in the facility
- Developing and enacting comprehensive care plans for each resident, including keeping and tracking their medical care and dietary restrictions
- Assessing and aiding in the specific needs of each resident as they come up
- Promoting each resident’s quality of life
- Ensuring the faculty is clean, liveable, and supervised at all times
The rights of a patient can be narrowed down into two categories: quality of life and quality of care.
Quality of life means that the nursing home has the responsibility to provide care in an environment that is positive and enhances each resident’s life. From providing social activities to providing a clean bedroom and bathroom, these all add to a resident’s quality of life.
Quality of care entails that each resident is being cared for as they should be. If it has anything to do with a patient’s mental or physical health, it is classified under quality of care. For example, administering medications on schedule, providing a proper diet, and socialization.
Specific Examples of Nursing Home Abuse and Neglect
There are a lot of different examples of nursing home abuse and neglect, which is why it is imperative to be as vigilant as possible when visiting your loved one in their care facility. Look out for the following signs:
- Neglect: bedsores, weight loss, unwashed clothes, dry skin and chapped lips (due to dehydration), and bruises and scrapes.
- Emotional abuse: an unexplained and abrupt change in behavior, seclusion, depression, a sudden disinterest in doing activities that were previously enjoyable.
- Physical Abuse: similar marks in the same area of the body such as the ankles or wrist, severe fear of another resident or a care worker.
If you are noticing any of these symptoms, do not hesitate to contact a law firm today. Call the police if it is an absolute emergency, otherwise, come get help from nursing home lawyer Houston, TX relies on. A consultation is what you will need to seek clarity and next steps in your specific situation.
Contact John K. Zaid & Associates for their insight into personal injury claims and nursing home law.
Wrongful Death Lawyer in Houston, TX
When a wrongful death attorney, like a wrongful death lawyer in Houston, TX, agrees to represent the family of a victim who was killed in an accident caused by another person’s negligence, there are steps the attorney may have to take to prove that the unexpected death of the victim was due to someone else’s actions. Whether the accident was a vehicle accident, premises liability, product defect, medical malpractice, or some other type of claim, the following are different pieces of evidence that an attorney can utilize to prove their case.
Accident Reports: In any type of vehicle or mass transit accident where there has been a loss of life, there are two different reports that should be available. The first is an accident report and the second is a more detailed fatal accident report. A wrongful death attorney will obtain those reports immediately upon taking the case. These reports often provide indicators of other evidence the attorney may find useful in their case.
Emergency Call Records: Under the Freedom of Information Act (FOIA), citizens can request all recorded calls that come into 911 emergency call centers. All of these calls are digitally recorded, making a reproduction of records request fairly easy. These recordings often provide wrongful death attorneys with important evidence which can help prove their case, such as witness names and statements. In some states, names and other information may be protected, but an attorney can file a subpoena to request that information once the wrongful death lawsuit has been filed.
Event Recorder: If the accident involved a commercial vehicle or mass transit vehicle, there should be an event record which will contain vital information about what was happening leading up to the crash. An attorney may be able to obtain information about the speed the vehicle was traveling, any use of a horn, when braking occurred, and other critical information. Because there is always the risk that the at-fault party could destroy this information, it is critical to move quickly with your claim so the attorney can file the necessary legal documents to ensure these records are preserved.
Investigators/Experts: Depending on what type of accident took place, a wrongful death attorney may also consult with accident investigators and other experts in order to have them visit the site of the accident. It is important to obtain photographs of the scene as soon as possible in order to capture the conditions that existed when the accident occurred.
Autopsy: Whenever a person dies from apparent accidental death, or if there are questions regarding the circumstances of the death (such as in a malpractice case), it is crucial that a family member request an autopsy if the state is not automatically performing one. There can be important evidence that will help prove the case, as well as show the intense trauma the victim suffered before they died.
Contact a Wrongful Death Attorney Today
If you have lost a loved one due to the actions of someone else, contact a lawyer today to find out what legal recourse you may have against the at fault party.
Contact John K. Zaid & Associates for more insight into wrongful death.
Birth Injury Lawyer Houston, TX
Both mother and child must be kept safe throughout the process of pregnancy, labor, and post-delivery. If the doctor or medical personnel fail to provide proper medical care and attention during this time, it can cause the baby birth injuries or even death. Any parent who has a gut feeling that his or her doctor make a crucial mistake, may want to seek guidance from a legal professional. These matters are very sensitive, as it can be devastating to find out the doctor you relied on had failed to uphold his or her duty.
Parents who are suspicious that negligence or misconduct occurred at any stage during the pregnancy or delivery, may wonder what they can do to take action if a doctor or other personnel committed a tragic error.
Q: What is one of the leading causes of birth injuries?
A: Delayed birth is one of the most common reasons why birth injuries happen. Sometimes, doctors do not respond to signs of labor with as much urgency as they should, or take too long to finally decide that an emergency c-section is needed. When the baby undergoes pressure associated with delivery for as long as 20 hours or more, there may be signs of fetal distress including:
- Decreased movements
- Rapid heart rate
- Slowed heart rate
- Excessive vaginal bleeding
- Placental abruption
- Low amniotic fluid levels
- High amniotic fluid levels
- Extreme cramping
Q: How can oxygen deprivation happen during labor?
A: Many brain-related birth injuries are associated with oxygen deprivation during delivery. These injuries can be mild or severe, to where symptoms last temporarily or forever. A baby enduring external forces such as a prolapsed umbilical cord, or internal forces such as underdeveloped lungs, may become severely impaired both physically and cognitively. The treating doctor and medical staff must strictly monitor the mother and baby’s heart rate and oxygen level, to prevent against a life-threatening situation from arising.
Q: What if I had an infection during pregnancy?
A: Infections during pregnancy can be dangerous to the baby, as it can cause problems such as hearing loss, learning difficulties, visual impairment, and more. Your doctor is responsible for performing regular checkups and running diagnostics to identify if you have any infections that need treatment during pregnancy. Here is a list of infections that can harm the fetus if not treated properly and in a timely manner:
- Chicken Pox
- Bacterial Vaginosis
- Group B Strep
- Hepatitis B
- Zika Virus
- Urinary Tract Infection
Q: I think my doctor made a mistake, should I file a report to the hospital?
A: Before submitting a complaint to the hospital that treated you during pregnancy and/or delivery, you may want to confide in a birth injury lawyer Houston, TX trusts at John K. Zaid & Associates. The reason for this, is because if the hospital finds out about a potential lawsuit they may try to hide any related evidence before you have a chance to access it.
Brain Injury Lawyer Houston, TX
A traumatic brain injury (TBI) typically happens when the victim suffered blunt force trauma to the brain. When the head is rapidly and suddenly hit by an object, blood vessels and brain tissue can become severely damaged. Depending on how the brain injury occurred, the victim may have mild to critical symptoms that require urgent medical care.
An attorney suggests that any person who thinks they may have a brain injury, gets emergency medical attention right away. They understand the immense financial and physical toll a brain injury can have on a person and can assist as you seek justice and compensation from the person responsible.
Symptoms of a Traumatic Brain Injury
Perhaps the most common symptom of a traumatic brain injury is loss of consciousness for several seconds, or up to a few minutes. Those who have an unrelenting headache in combination with nausea and/or vomiting, may want to head to the nearest hospital without hesitation. Even mild brain injuries that go untreated may eventually turn into dire conditions. Prompt medical intervention can be the key to recovering from a brain injury. Here are examples of more symptoms a person with a traumatic brain injury may experience:
- Ringing in ears
- Blurry vision
- Feeling lightheaded
- Confusion and disorientation
- Unstable equilibrium
- Bad taste in mouth
- Newly developed insomnia
- Trouble waking up
- Odd sleeping patterns
- Mood changes
- Poor concentration
Treatment Options for Victims
The most mild brain injuries may only require rest, while more serious conditions may need emergency surgery. Medical personnel are likely to focus on stabilizing the brain injury victim and prevent further damage from being done. Emergency care upon intake may include proper oxygen supply, adequate blood flow, blood pressure control, imaging tests, a CT scan, skull/neck x-rays, and more. Once stable, the patient’s treatment may involve rehabilitation, physical therapy, social support, prescription medication, speech therapy, and occupational therapy. Try to maintain documents related to your condition and what you paid out-of-pocket for, as this can help your attorney fight for a compensation that covers your current and future expenses.
When to See an Attorney
If you or someone you care about has suffered a brain injury due to another party or individual, then please reach out for a free consultation from a brain injury lawyer Houston, TX offers at John K. Zaid & Associates. They can represent you during negotiations and court hearings, help you gather supportive evidence, advocate for your health, provide legal insight along the way, and much more.
Nursing Home Abuse Lawyer
Was your loved one abused in a nursing home? If so, now may be a good time to consult a nursing home abuse lawyer.
Elderly men and woman deserve to be cared for and respected. No elder deserves anything less, especially to be abused by the very people who are supposed to be offering this. When you find out your loved one has been mistreated or harmed, there may be legal options. Reaching out to a nursing home abuse lawyer should be your first step. With a lawyer on your side, compensation for any related losses may be obtained. You risk nothing when you call a lawyer, except a fraction of your time. Your loved one is worth it.
Abuse and Neglect in Nursing Homes
When you place your loved one in the care of a nursing home or assisted care facility, you have the natural right to expect they will be properly attended to. Sadly this does not always happen. The following are the most common types of abuse and neglect nursing home abuse lawyers handle in claims and lawsuits.
It’s not easy to imagine doctors, nurses, assistants, or other staff members harming an elder; however, it does happen. When any kind of physical force result in injury, harm, or pain it may be considered physical abuse. Examples include:
- Bruising on the body
- Restraint marks
- Broken bones and sprains
- Burn marks
- Force feeding
Although it might not leave any physical scars, mental abuse can cause permanent harm in addition to depression, withdrawal, anxiety, and lowered self-confidence. Examples of mental abuse include:
- Emotional manipulation
As a nursing home abuse lawyer might explain, neglect is one of the most common forms of mistreatment. When any staff members of the facility fail to provide care and treatment that is expected, it may be considered neglect. Examples include:
- Failure to keep the elder bathed
- Failure to diagnose an illness
- Failure to treat the elder
- Failure to provide medication to the elder
- Chemically restraining the elder
Sexual abuse does happen at nursing home facilities throughout the U.S., and may occur whenever a patient is forced into any type of sexual activity that is against their will.
Although more difficult to notice, a financial abuse claim can also be pursued by the elder or their loved ones. Examples include:
- Missing money
- Missing items
- Forged checks
- Forged social security income
- Unknown financial transactions
- Abrupt changes in wills, estate plans, or deeds
Do You Suspect Nursing Home Abuse?
If you believe an elderly person is being abused in a medical facility, please call an elder care abuse lawyer Phoenix, AZ turns to today.
Thank you to our friends and contributors at Rispoli Law, PLLC for their insight into nursing home abuse.
Auto Accident Lawyer Deer Park, TX
If you have filed a car accident claim, your insurance company may ask you to schedule an independent medical examination (IME). These exams are typically done by a medical doctor who has been chosen by, and works for, the insurance company. Usually they are required when the insurance company disagrees with what you doctor has diagnosed you with and any course medical treatment.
When our clients have to go to an IME, we often go over the process and explain what they can expect, and what they should and should not do. In general, it helps to have a car accident lawyer on your side.
Tips for Going to an Independent Medical Exam
There are things you can do during the exam and after to help protect your claim. The following are useful tips to consider.
Take a Friend or Family Member to the IME
Ask someone you can rely on to go with you to your IME. Be sure to explain what the IME is and what you want them to do. You can ask them to:
- Note the beginning and ending time of the exam
- What medical history questions are asked
- What other questions are asked
- What tests were performed
- How long the tests took
- Any other notable details
This individual could act as a potential witness just in case there are any arguments about the exam and its accuracy. It can also prevent the doctor from trying to intimidate you, which is unfortunately common.
Counter a Bad Report
Doctors who conduct IMEs work for the insurance company. This also means that they are generally not on your side and would like to please their employer. What they report back to the insurance company may include minimizing the extent of your injuries and the treatment you should have. It is possible to counter the doctor’s claims, and this is often what a car accident lawyer will do.
Get a Copy of the Report
You don’t have to discuss the report with the insurance company. In fact you should not do so, especially if you don’t have your own copy. It is possible the insurance company will provide you with portions of the report rather than the full version. You should make sure to get the entire report.
Point Out Inaccuracies
If you believe the report is inaccurate, untrue, or incomplete; and therefore, unreliable, you should make this known. In general, a lawyer will do this for you as long as you have retained one. Your own medical records may be used to contradict their own statements.
Ask a Doctor to Write You a Response
If your IME exam report is very negative or the insurance company is heavily using it against your claim, it may be a good idea to ask your doctor to review the report and write a letter that counters what the IME report is saying. Bare in mind that your doctor will likely charge you for this, so make sure to confirm the price ahead of time and think about whether it is worth the cost.
Ask About the Doctor’s Relationship with the Insurance Company
You can request how the IME doctor knows the insurance company, and how many referrals the company has given the doctor over the course of a 5 year period. You can also request the amount of money the doctor is paid and other valuable information. These details will almost certainly not be given to you by the insurance company; however, it does not look good if they refuse it.
Who is the best auto accident lawyer in Houston, TX?
Thousands of people are killed each year in car crashes that occurred because a driver was speeding. When a driver is speeding, it takes them longer to react to activity around them and it also take them longer to stop their vehicles. The impact of a crash with a speeding car is also more likely to result in catastrophic or fatal injuries due to the force of that impact when the speeding car slams into the other vehicle.
Why Do Driver Speed?
Every driver knows what the speed limit signs mean, and every driver knows that failure to abide by those signs can result in harsh traffic fines. Yet, so many drivers still disregard those signs and speed. Some of the more common reasons why include:
- Time: One of the most common reasons why driver speed is because they are running late to work, an appointment, or other reason. Drivers will travel above the speed limit in these situations because they do not want to risk the consequences of being late, however, they fail to realize what the consequences can be for speeding.
- Traffic: It can be frustrating getting caught in a traffic jam, especially if you need to be somewhere, such as work or a doctor’s appointment, and sitting in traffic causes you to lose time. Once the traffic begins to lighten up, many drivers will hit the gas pedal in order to make up the time lost. They may also speed because they are frustrated with other motorists driving around them too slowly.
- Anonymity: This may seem like a surprising one, but it is in fact one of the most common ones. But a lot of drivers feel since other drivers on the road with them do not know them, they feel more comfortable not obeying all the rules, such as the speed limit.
Not only does speeding create a dangerous place for other drivers and passengers of the speeding driver, it also creates the following consequences:
- More fuel consumption
- Affects the driver’s ability to notice and react to a safety hazard
- Affects the effectiveness of the vehicle’s safety equipment, such as airbags
- The impact of a speeding car affects the severity of the crash, leading to more deaths and injuries
- The impact also causes more damage to vehicles, often resulting in the vehicle being totaled and not drivable following the accident
Contact a Car Accident Attorney for Help
If you have been injured in a crash caused by a speeding driver and are asking “who is the best auto accident lawyer in Houston, TX?” at John K. Zaid & Associates, call a car accident attorney for a free case evaluation and to discuss what your legal options may be.
Construction Accident Lawyer
Getting injured on the job can be devastating, but getting workers’ compensation benefits can help with your medical bills and pay for lost income while you are out of work and recovering. However, filing your claim for workers’ compensation is not the only thing you should do after your accident. It is also imperative that you correctly report your injury after it has occurred. Before you can make your claim, you should also report your injury in some form to your employer or your manager, and the details of this report can be extremely helpful when an insurance company determines whether to give you benefits. For more information on making a work-related accident report, read below.
Reporting Your Injury
Reporting your injury in a timely manner is imperative. In fact, if you do not report your accident within the timeframe as outlined by your state and your employer’s workers’ compensation rules, you could be quickly denied your claim. Many employers ask that you file your report (in writing) within 30 days of the accident, but filing it sooner can only help an insurance company to process your claim quicker.
What Items Should Your Injury Report Have?
Certain state and employers will have a claims form specifically for their employees. Your manager or an HR representative from your company should be able to provide you with this claim form. In other instances, you can also get a claim form from your specific states’ workers’ compensation committee.
The information you can expect to provide for this form can be seen below.
- Personal information. This will include details like your name, your job title, how long you have been at the company, and your daily tasks.
- The details of the accident. What were you hurt by and where were you injured during the accident?
- How did the accident happen? Go into detail about the circumstances leading up to your injuries.
- What is the date, time, and location that the accident occurred?
- Who else, if anyone, was involved in your accident?
- If you have already seen a doctor, which medical treatments you have already undergone.
How Should I Follow My Claim?
Once you have completed your report, it is imperative that you keep a record of certain information as you file your workers’ compensation claim and as you follow the claim. You want to ensure that you have filled out all the required documents and that you have copies and records proving forms you have filled out. Additionally, keep a record of how your injury or illness progresses and the ways in which it affects your work. It is also important that you keep any medical reports and have receipts for any expenses that you pay out-of-pocket. Keeping these steps in mind can help your claim process be smoother and it can ensure you have the evidence needed to win your claim.
What Are the Next Steps After I File My Claim?
Once you file your claim, you must keep track of it as it progresses. If the insurance company denied your claim, having a workers compensation lawyer Gaithersburg, MD trusts on your side can help you make the best next steps in re-filing your claim.
Thank you to our friends and contributors at Cohen & Cohen, PC for their insight into workers compensation and work-related reports.
Houston, TX Truck Accident Lawyer
While it isn’t safe for any driver to speed, it’s especially dangerous when truck drivers do it. Commercial trucks are such large and powerful vehicles that speeding in them are more likely to cause deadly crashes. When truck drivers drive above the speed limit, they can cause catastrophic injuries in the people they hit. If you were injured by a speeding truck driver, you should discuss your case with a truck accident lawyer.
Here are some of the ways speeding causes truck accidents:
There are blind spots on the sides, in front of and behind commercial trucks. It is important for truck drivers to constantly be aware of drivers who get near these blind spots. However, when truckers driver too fast, they won’t be able to see the drivers in these blind spots until it is too late.
Truck drivers have to transport large amounts of cargo on their trips. If cargo isn’t loaded properly, it can shift and cause the truck to have an accident. An accident becomes even more likely when a truck driver is speeding because he or she can’t maneuver the vehicle as easily.
It already takes commercial trucks a longer time to stop than passenger vehicles because they are so large and heavy. Speeding can make stopping even more difficult. If a truck driver drives above the speed limit, he or she won’t have enough time to stop the truck when traffic slows down.
It is even more dangerous for truck drivers to speed when the weather conditions are poor. If the roads are slick from snow or rain, truck drivers can easily slide into other vehicles and cause a multi-vehicle accidents if they don’t reduce their speed.
Truck drivers have to be more careful than other drivers when they drive around curves. Otherwise, they can lose control of their trucks and cause a jackknife accident. Truck drivers who speed won’t have enough time to slow do when they approach these curves and can put everyone on the road in danger.
Hiring a Truck Accident Lawyer
If you have been injured in a truck accident, you should consult with an experience truck accident lawyer right away. He or she can inform you of your rights and advise you the best way to proceed. You deserve justice for what you have been through.
Lawyers have extensive knowledge of truck accident laws and will work hard for you. They will help identify key witnesses, collect important evidence and negotiate with insurance companies. With a confident Houston, TX truck accident lawyer at John K. Zaid & Associates on your side, you will have more of a peace of mind about your situation.
Truck Accident Lawyer Houston, TX
Commercial trucks are much bigger and heavier than regular vehicles, so they can be especially dangerous on the roads. Truck accident lawyers know just how disastrous collisions with trucks can be. It’s not possible to avoid these trucks completely, so motorists should learn how to drive safely around them. Here are some tips for reducing your risk of getting into a collision with a truck:
Be Careful When Passing
If you ever need to pass by a commercial truck, you should do so with extra caution. Large trucks take longer to maneuver and stop, so truck drivers need more time to change their speed. Drive up to the truck you plan to pass on the left side and use the proper signals as you change lanes. Avoid passing a truck while driving uphill or downhill.
Maintain a Safe Distance Behind a Truck
It isn’t good to drive too closely to any vehicle, but it’s especially dangerous with large trucks. If you don’t allow enough room between your vehicle and a truck, you can increase the risk of an accident. For example, if the truck has to make a sudden brake, you can crash right into it. To avoid any issues, try to stay at least several car lengths behind commercial trucks.
Don’t Get Distracted
When you are driving for a while, it’s easy to get distracted from time to time. However, distractions can take your eyes off the road and increase the likelihood of getting into an accident with trucks and other vehicles. Avoid talking on the phone, texting, eating or anything else the makes you take your hands off the wheel or your eyes off the road.
Stay Away from the Blind Spots
When you drive around commercials trucks, it’s crucial to stay out of their blind spots, including the areas directly in front, directly behind and long each side of the vehicle. The truck driver can’t see you in these areas and may collide into your vehicle.
Reduce Your Brights
If you are driving around a commercial truck, you should make sure to lower your brights. They can reflect off their side mirrors and blind the drivers, increasing the risk of accidents.
Report Unsafe Driving
If you notice a truck driver speeding, drifting in and out of lanes or driving in another dangerous way, you should not hesitate to alert authorities. There is a phone number on the back of each commercial truck that you can call. Try to stay as far away as possible from truck drivers who are driving unsafely.
If you follow these safety tips, you can reduce your chances of getting into an accident with a commercial truck and needing a truck accident lawyer Houston, TX trusts at John K. Zaid & Associates by your side.
Personal Injury Lawyer Deer Park, TX
With so many people choosing bicycles as their primary mode of transportation, it can be expected that a fair number of accidents may result. Unfortunately, riding a bike can come with some risk, especially when sharing the road with drivers of motor vehicles.
As someone who has suffered an accident while on their bike, you’re probably wondering whether you should pursue an insurance settlement to recoup your losses, especially if you were injured. With so many unknowns and questions regarding the process, it can be easy for a victim to focus on their physical recovery and put off compensation that they may be entitled to. Consulting with an attorney is a good option when determining whether or not a victim should pursue a personal injury settlement. Here are some reasons accident victims choose to pursue insurance settlements:
Reason #1 Avoid Going to Court
The last thing most injury victims want is to be required to endure a lengthy court process. A settlement allows for an accident victim to avoid this. Most who have suffered a bike accident are looking to obtain the compensation they deserve in as timely a manner as possible. This allows for the opportunity to focus on recovery.
Reason #2 Gives You the Ability to Collect Damages
The insurance claims process can provide accident victims with compensation for damages they have suffered from the accident. Primarily, damages come in two forms: economic and non economic damages. Damages are a way of putting a monetary value to your injuries and losses. Examples of damages may include:
- Medical Bills
- Lost Wages
- Pain and Suffering
- Property Damage
Reason #3 Reach a Resolution Faster
Preparing a case for trial can be time consuming for an attorney. The cost associated with legal fees, expert witnesses and the like can be expensive. Essentially, the longer it takes to resolve a case, the more expensive it can be. Because of these factors, the likelihood of resolving your case faster through the settlement process is far more probable. Accepting a settlement can help you to move forward with your life and focus on your recovery.
Reason #4 Less Risk
Settlements can provide many victims with peace of mind. This is especially true when there is an attorney who can help to achieve an optimal settlement. A settlement gives both parties the opportunity to negotiate a settlement that is fair. Taking a case to trial, can pay big, but comes with a significant amount of risk. Not only is a trial time consuming and expensive, there are no guarantees in the end. A trial that ends unfavorably could mean walking away empty handed in the end.
For more information regarding settlement offers, contact a personal injury lawyer Deer Park, TX trusts at John K. Zaid & Associates who has experience representing victims of bicycle accidents. Not only will they review your specific case, they may be able to help formulate a legal strategy that can help you retrieve compensation for the injuries and losses you have ascertained.
Construction Accident Lawyer Houston, TX
According to government statistics compiled by the Occupational Safety and Health Administration (OSHA), construction sites are one of the most dangerous workplaces in this country. In fact, one in five work-related deaths are in the construction industry.
There are four leading causes of construction worker deaths that OSHA has identified as the “fatal four.” These four, which are the cause of more than half of all construction worker deaths, are:
Falls: Responsible for 40 percent of fatalities
There are several different types of falls that are under this category, including fall on the same level and falls or jumps to lower levels. Also included in this group is when a worker falls through openings or surfaces, trips, or falls from a structure that is collapsing.
Struck by an object: Responsible for 10 percent of fatalities
This category includes accidents where there is forcible impact or contact that causes injury that comes from an object (not a person), such as an object falling, an object rolling, an object that is flying, or when a worker is hit by a vehicle.
Electrocutions: Responsible for 8 percent of fatalities
Injuries that are caused by contact with electricity – whether direct or indirect – fall into this group. Direct contact happens when there is contact with objects that are intentionally electrified. When there is electricity produced where it is not expected, such as a tool touching a power line, this is considered indirect electrical conduct.
Accidents were victims are caught in or between objects: Responsible for 7 percent of fatalities
When a worker gets compressed, crushed, pinched, or squeezed by objects that are moving or stationary, machinery, operating equipment, or other object, it falls in the caught in/between category. Any subsequent injuries the worker sustains while trying to get free from being caught is also put in this group.
Contact a Construction Site Accident Attorney for Assistance
A construction accident lawyer Houston, TX trusts at John K. Zaid & Associates realizes that construction workers are employed in one of the most perilous jobs and are at high risk of injury every day they go to work. Many of these accidents result in serious to severe injuries that leave victims with high medical bills and unable to work. It is not uncommon for victims to be left with permanent disabilities that leave them unable to return to the construction industry.
A construction site accident attorney will evaluate a case and determine who the negligent party or parties are that failed to provide a safe work environment. A lawyer will work diligently to get every client the financial compensation they deserve for the losses they have suffered. If you have been injured, set up a free case evaluation.
Construction Accident Lawyer Houston, TX
There are many obvious dangers that workers are at risk of being injured by on construction sites. However, one such hazard that many people don’t always consider is the high-risk workers have of being exposed to toxic chemicals.
Although there is always the chance of a large disaster, such as an explosion, the larger risk comes from every day exposure from the substances that workers used as they perform their job duties. Many of these products are so toxic, they can leave workers with long-term or permanent medical conditions.
For decades, many construction sites used asbestos and other hazardous substances that have left many workers with fatal conditions, such as lung cancer and mesothelioma cancer. These materials are no longer being used in new construction, however, many older structures that are being torn down or renovated are still filled with these materials and can still cause dangerous medical injury to workers. In addition to asbestos, other common toxic substances construction workers are exposed to include chemical dust, glues, lead, and solvents.
Even if workers are aware of the potential chemical dangers that exist on a site and try to protect themselves, there is still high risk of exposure. These toxic chemicals can enter a worker’s system in a number of ways, including breathing them into the body, ingesting them, and touching them. It is this prolonged and silent exposure that results in these fatal diseases. The material toxins are gradually absorbed, ending up in the worker’s blood, resulting in serious medical issues.
Tragically, by the time symptoms of exposure finally appear, the worker is often suffering from significant illness or injury. In fact, many times a worker initially things they are having an allergic reaction to something and does not make the correlation with their exposure to the chemicals. Common symptoms of exposure include:
- Increased irritability
- Irritated eyes
- Shortness of breath
- Sore throat
If the worker who is suffering from these symptoms does not get treatment right away for these symptoms, he or she can end up developing cancer or some other chronic condition.
Is This Workers’ Comp?
When our law firm writes about worker injury or occupational disease, we are usually discussing workers’ compensation cases. However, when it comes to chemical exposure, workers’ compensation benefits may not be enough to cover the extensive long-term medical treatments the worker will require, as well as the pain and suffering their condition or disease causes them.
An attorney can help the victim – or their family if the victim dies from their condition – pursue additional compensation from a third-party if it can be proven that party was negligent, and that negligence caused the victim’s injury. The attorney must prove that the third-party failed to make a reasonable effort to protect workers and that the worker had no idea the hazard existed or would exist in the future.
If you or a family member has suffered injury or illness from a chemical exposure on a construction site, contact a construction accident lawyer Houston, TX relies on at John K. Zaid & Associates today who can help you get the justice you deserve.
Brain Injury Lawyer Houston, TX
By definition, an acquired brain injury is not degenerative, congenital or caused by trauma during birth. Acquired brain injuries have happened after birth, and often results in physical or cognitive impairments. The two kinds of acquired brain injuries can be either traumatic or non-traumatic. To be deemed traumatic, the brain injury must have altered brain functioning due to an external force. Then on the other hand, to be considered non-traumatic, the brain functioning became hindered due to an internal force.
Those who have suffered a brain injury may have questions about symptoms, what to do if the injury was caused due to another’s actions, and more.
What are the most common signs of a brain injury?
Depending on how the brain injury was caused, the victim may experience different symptoms. Any person who believes they may have a brain injury should go to the nearest hospital. Even better, it may be best to call 911 or have someone else take you to the doctor. If you do have a brain injury it may be risky to drive yourself to the emergency room. If you pass out behind the wheel, it could make matters devastatingly worse. Here are the most common symptoms associated with brain injuries:
- Nausea and vomiting
- Blurry vision
- Ringing in ears
- Loss of smell or taste
- Bad taste in mouth
- Sensitivity to sounds and/or light
- Depression and/or anxiety
- Changed sleeping patterns
- Poor concentration
In what situations do traumatic and non-traumatic brain injuries happen?
Traumatic and non-traumatic brain injuries are caused in different ways. For example, traumatic brain injuries are more-so associated with incidents related to falls, domestic violence, workplace injuries, car accidents, sports/recreation activities and assault. Non-traumatic brain injuries can arise due to a stroke, seizure, electric shock, infection disease, tumors, metabolic disorder, toxic exposure, choking, drowning, drug overdose, and neurotoxic poisoning.
What if my brain injury happened due to another person’s actions?
Some accidents simply happen due to a stroke of bad luck, and being in the wrong place at the wrong time. However, in other situations a person may have acted without care or intentionally done something to cause the brain injury. The victim may wonder what he or she can do to see that justice is served. The brain injury victim may want to consider meeting with a qualified attorney in his or her area, in order to seek compensation from the person who caused this to happen.
What types of damages may I be entitled to receive?
The victim who suffered a brain injury because of someone else, may be entitled to financial compensation for medical bills, wage loss, pain and suffering, and more. The amount of money the victim may be awarded in a civil lawsuit depends on the severity of the brain injury, and how much financial and physical loss resulted. Perhaps the most useful way to know whether you have a foundation for a lawsuit is to get a consultation with a brain injury lawyer Houston, TX relies on at John K. Zaid & Associates.
Houston Brain Injury Attorneys
One of the most common car accident injuries – but one many people do not realize – is a concussion. In fact, vehicle accidents are the third most common cause of brain injuries each year in the United States. And even more troubling, almost 15 percent of all fatal brain injuries are sustained in car crashes.
A lawyer understands the impact that all brain injuries can have on a victim and their family, even a concussion. It is not uncommon for these injuries to leave long-term effects that the victim has to deal with. Some studies have concluded that a brain injury may even increase the victim’s risk of being in a future car accident.
Even more alarming is that many doctors who are aware that a concussion or other brain injury increases the risk of a crash, they fail to warn victims not to drive. The results of one physician survey revealed that although 85 percent of doctors felt that concussions increase a victim’s risk of being involved in a vehicle accident, less than half of those physicians said they warn their patients of this risk.
When a driver is suffering from a concussion and gets behind the wheel of a vehicle, many of the skills needed for safe driving can be impaired by the injury. These skills include reaction time and making decisions, leaving the driver – and those on the road around them – vulnerable to a crash.
This leaves the question as to who is the responsible party if a person who is suffering from a concussion gets into a vehicle crash? If the driver was unaware that they were at an increased risk of crashing because of their injury because their treating physician did not warn them, is that doctor liable for the crash? These circumstances would definitely make a case more complex and require the legal expertise of a brain injury attorney to sort through all the evidence and make the determination of the best way to proceed.
Contact a Brain Injury Attorney for Assistance
If you or a loved one has sustained a brain injury in a car accident caused by another party, contact an attorney today to find out what legal recourse you may have against the party who caused the crash. Brain injury victims often face high medical bills for diagnostic testing, treatment, and therapy. There are often lost wages because the victim is unable to work while they recover from their injury.
In addition to these financial losses, there are other losses that the victim may suffer that can entitle them to financial compensation. Pain and suffering, mental anguish, and any long-term or permanent disability the injury may leave the victim with are all issues that can be pursued in a personal injury lawsuit with experienced Houston brain injury attorneys at John K. Zaid & Associates.
Dog Bite Lawyer Houston, TX
According to national statistics, there are more than 4 million people who are bitten by a dog each year. Almost 1 million of those victims need to seek medical treatment because of the severity of the bite they receive. Approximately 20 percent of dog bite victims develop some type of infection from the bite, and 30,000 victims need reconstructive surgery.
At name of firm, we have successfully represented many dog bite victims who suffered damages from the injury they sustained. Our dog bite attorneys understand the trauma and complications that can develop from a dog bite and will use all available resources to get victims the compensation they deserve. Contact our office to speak with a member of our legal team to find out how we can help. In the meantime, the following is a brief overview of dog bite injuries and injury claims.
One of the most common – and potentially dangerous – complication of a dog bite injury is developing an infection. If the infection is caught quickly, the victim can be prescribed antibiotics which should clear it up. In some cases, the victim may need to be hospitalized and receive intravenous antibiotic.
Knowing what symptoms to watch for can ensure that the infection will not spread and cause serious medical complications. There are certain infections that are caused by dog bites that can be fatal if they are left untreated. Examples are sepsis and acute osteomyelitis, which begins in the joints or bones of the victim and can quickly spread if not treated.
If a victim develops any of the following symptoms, they should seek medical attention immediately:
- A loss of sensation in the body part that was bitten
- Discharge from the bite wound
- Excessive swelling around the area of the bite.
- Extreme pain around the area of the bite. Persistent pain is also another sign something could be wrong.
- Limited mobility of the part of the body that was bitten
- Night sweats
- Red streaking around the bite area
- Swollen lymph nodes
Dog bite victims can also suffer disfigurement or scarring from the attack. If the skin is badly damaged following the attack, this complication will be evident. But there are a lot of dog bite cases where the permanent damage is not known until after the bite wound has healed. Depending on the extent of the disfigurement or scarring, victims often need to undergo reconstructive surgery.
Not only do victims suffer the painful effects of the bite and the surgery, but they also often suffer from the psychological effects caused by the damage the bite has left. This may be especially traumatic when the damage was to the face or other visible part of the body.
Contact a Dog Bite Lawyer Today
If the dog owner was negligent, the victim may be entitled to financial compensation for their medical expenses, lost wages, and pain and suffering. They are also entitled to financial compensation for the emotional anguish and trauma they may be experiencing.
If you or a loved one has been the victim of a dog bite, contact a dog bite lawyer Houston, TX relies on at John K. Zaid & Associates and find out how we can get you the compensation you deserve for the losses you have suffered.
Wrongful Death Attorney Houston, TX
When a loved one dies as a result of an injury, the spouse and/or the children may decide, because of the circumstances, to file a wrongful death lawsuit with a wrongful death attorney Houston, TX trusts at John K. Zaid & Associates. There is another legal case called survival action. Are you aware of the difference between the two lawsuits?
Both survival actions and wrongful death suits are strictly controlled by state laws. The particular state has passed laws allowing these types of suits to be brought to court. Prior to the state’s laws for wrongful death and survival action suits, when the deceased passed, the loved ones or estate could not file a personal injury claim.
The two biggest differences between and survival laws and the wrongful death laws are as follows:
- In a wrongful death lawsuit, the law entitles the loved ones or estate to even bring a wrongful death lawsuit and begin the legal process for processing a wrongful death lawsuit. Without the wrongful death laws in place, no one could even file a lawsuit for wrongful death.
- There are different type of damages awarded based on survival laws and wrongful death laws.
Wrongful death law allows the loved ones to give the beneficiaries of the deceased, those suffering financially because of the death of their loved one, damages or compensation.
Survival Laws let the estate recover damages that the deceased would have compensated for had they lived. These include pain and suffering, lost earnings, etc.
Although wrongful death claims are controlled by the laws and procedures of each state, there are some statements in common to all wrongful death laws. These include:
- The types of damages or compensation permitted in a wrongful death suit
- How an individual is selected to act as an agent for the estate
- Who is eligible to file a wrongful death claim as a representative of the estate of the deceased
Types of Damages Awarded
- The primary type of damage is compensation for financial support provided by the deceased for his or her immediate family for a specific period of time. Proof must be given by the family member that the deceased supported them financially an or what amount of money. If there are minor children, loss of support can be extended through college if it can be proven that the deceased would have helped financially support their college needs. A widow or widower may receive loss of support if they can prove that the other spouse provided for them. This support can continue until the presumed retirement age of the deceased, typically 65 years old. If other family members can prove the deceased supported them as well, they may also be eligible to receive damages.
- Other damages may include reimbursement for funeral expenses. The children of the deceased may also be awarded compensation for ‘loss of nurture and guidance’. Seek the guidance from an attorney for the limitations of damages in your state.
Survival Law Damages
- Survival laws permit the estate to be awarded compensation only from the moment that the deceased received the injury until the time of death. Therefore, survival damages can include limited lost earnings and pain and suffering until she/he died.
- If the accident kills the deceased instantly, the estate can only recover pain and suffering damages.
Construction Accident Lawyer Houston, TX
The construction industry is one of the most dangerous industries for American workers. A staggering number of individuals are harmed every year on construction sites. Sometimes, site managers fail to respect safety regulations and unnecessarily place workers at risk. Sometimes, weather conditions and other outside forces contribute to accidents. And too often, workers are injured when construction equipment, designed to make their efforts easier, safer and/or more effective, fails in some measurable way.
If you have suffered harm on a construction site and any issue with your equipment may have been a factor in your accident, it is important that you speak with an attorney about any legal options that may be available to you. You may ultimately not decide to file a workers’ compensation claim or a personal injury suit. But speaking with an attorney will help to ensure that whatever decision you ultimately make about your legal situation is informed.
Please consider reaching out to our firm in particular. We have extensive experience as strong advocates for those who have been injured and would be more than happy to advise you in regards to your situation. When preparing for a consultation, please keep the following possible legal avenues in mind. Once you consider each possibility as it applies to your situation, we can discuss whether it may be a viable option for your circumstances specifically.
Workers’ Compensation Benefits
In general, when a full-time or part-time non-contractor is injured on the job, he or she qualifies for workers’ compensation benefits. These benefits are usually available regardless of who or what caused the accident and regardless of fault. Especially when injuries are relatively minor, accepting workers’ compensation benefit payments may be a good option for some workers. But sometimes workers do not qualify for these benefits or another compelling reason may inspire a worker to sue his or her employer in connection with an accident. This option must be discussed with an attorney because workers’ compensation laws tend to limit the circumstances under which employers may be sued for workplace accidents.
Personal Injury and Product Liability Claims
In some instances, it is possible for a worker to sue his or her employer in response to a construction site accident. At other times, it may make sense for a worker to accept workers’ compensation benefits and sue the manufacturer of the faulty equipment that contributed to the accident. This kind of claim is commonly referred to as a product liability claim. It may be an option whenever equipment malfunction or other challenges not addressed by the manufacturer have led to injury.
Legal Options Are Available
If you have been injured in a construction accident and faulty equipment may have contributed to your harm, please contact a construction accident lawyer Houston, TX trusts at John K. Zaid & Associates so that they may speak to you about your legal options. No two accidents are exactly alike, so it is helpful to speak with an attorney about the specific details of your situation before committing to a legal strategy.
Auto Accident Lawyer Houston, TX
Getting into any type of automobile accident can be terrifying. You might have passengers, pets, or loved ones in your car to be concerned about. Even being alone during an auto accident is scary, especially if you feel like you have to cope with it on your own. Unfortunately, when the weather is bad and the roads are wet, it can be all to easy to hydroplane in poor conditions and hit another car. A dedicated auto accident lawyer Houston, TX relies on will be sympathetic when their clients get into an accident due to poor weather, and you can be assured that they will be there to help you.
What is hydroplaning?
When hydroplaning occurs, the car tires are moving over a wet surface but are unable to gain traction with the road. This causes your car to travel over the wet surface and skid on the water. It is important to know road safety, and that driving during the beginning of a rain shower or within 30 minutes of one starting is usually one of the most dangerous times to be on the road.
What to do if you begin hydroplaning
If your car begins to hydroplane, this can be an incredibly difficult situation as your nerves take over. However, by remembering a few important steps, you can keep yourself and others safe on the road.
- Try to stay calm and control your vehicle
- Do not start jerking or wiggling your steering wheel in either direction or slamming on the breaks
- Slowly ease your foot off of the gas pedal and attempt to steer your car in a safe direction that is away from pedestrians and other motorists on the road
- Once your car begins to slow, gently apply pressure to your breaks if necessary
Who is at fault?
If you hydroplaned into another car and caused an accident, sometimes fault is not always so easy. Typically, though, you are responsible for maintenance on your car. If you have not kept up your tires (a common reason for hydroplaning), you could be held responsible because it is the driver who should maintain their tires.
On the other hand, if your car’s tires passed inspection when they shouldn’t have, it is possible they could be held responsible for an accident like this. Additionally, if the road was poorly maintained or designed (like poor gutter maintenance that allows excess water to flood the roads), then it is also possible the city could be held responsible.
Remember, if you were involved in a hydroplaning accident, an attorney at John K. Zaid & Associates can walk you through the next steps. Accidents of any kind can be scary, and with a lawyer, you can rest assured they will work on your case to look over every detail.
Motorcycle Accident Lawyer
As most motorcyclists understand, they are often at a safety disadvantage compared to car drivers. The gear a rider chooses to wear is the only thing that offers a level of protection in the event of a crash. A vehicle driver has the luxury of the exterior car body to help deflect the blow from an accident, while motorcyclists do not. Depending on the circumstances, an attorney may recommend obtaining legal representation if you or a loved one was the victim of a motorcycle accident. Car drivers may be distracted, sleepy behind the wheel or otherwise not being aware of motorcyclists when making maneuvers on the road. A driver that fails to check their blind spot or look over their shoulder before changing lanes, may plow into a motorcycle rider that had gone unnoticed.
Here in the article below, we have talked further about how to help protect yourself from being involved in a motorcycle crash. While we may not be able to eliminate the chances completely of a terrible accident happening, we can take precautions to help lessen our chances. If you or someone you love is a motorcycle rider, please read on!
The perfect gear for riding can offer high levels of protection, yet are still flexible when riding. Gear made from material that is too stiff, may actually become a hindrance to the rider. Some riders may be tempted to buy a used helmet as a way to save money. However, it may be almost impossible to know what kind of wear and tear that helmet went through with the previous owner. It may be best to invest in a brand new helmet, than risk the grave consequences of a used helmet that ends up offering very limited protection.
An attorney is likely to suggest using defensive tactics when riding on your motorcycle, to help avoid being part of a tragic wreck. When a car driver zooms around recklessly, a motorcyclist may only have a second or two to swerve out of the way safely. A motorcyclist may want to avoid riding when irritable, sleep-deprived or sick. Examples of defensive strategies for motorcyclists to consider include:
- Keeping up on motorcycle maintenance
- Wearing quality, protective gear
- Riding with confidence, but not aggressiveness
- Making eye contact with drivers before proceeding through an intersection
- If a car driver is tailgating, allow them to pass you
Finding the Right Attorney
Those who have been involved in a motorcycle accident due to a careless driver, may be able to receive financial compensation for any losses and damages. The right Canoga Park motorcycle accident lawyer should be empathetic, strategic and knowledgeable about motorcycle-related accidents. After making an appointment, your attorney may recommend bringing along as much information as you can about the motorcycle accident, including medical bills, motorcycle repair costs, loss of wage from missing work and anything else related to what happened.
Thank you to our friends and contributors at Barry P. Goldberg for their insight into motorcycle and auto accident claims.
Medical Malpractice Lawyer
For immediate legal help after suffering from a medical malpractice anesthesia error, call a qualified attorney as soon as possible.
When you undergo surgery, you will be given a general or local anesthetic to numb out the entire body or a certain area. In spite of great advances in anesthesiology, mistakes during the administration can still occur. When this happens, it may be considered medical malpractice in which case you will likely have the opportunity to recover monetary compensation.
If you or a family member have been harmed after an anesthesia error, you should take time to understand your legal rights and options. Call a medical malpractice lawyer now to learn how you can recover compensation for pain, suffering, emotional anguish, lost wages, funeral costs, and more.
The Anesthesia Process
Anesthesia is a medically induced state that allows patients to be numb from feelings of physical pain. It is administered before surgery and certain medical procedures. Our medical malpractice lawyers have handled claims that involve various types of anesthesia including:
General anesthesia: Used when a patient is unconscious
Local anesthesia: Used to numb a certain area of the body.
Regional anesthesia: Used to numb a body part (i.e. entire leg)
Spinal or epidural anesthesia: A very intricate type of anesthesia that is injected closely to the spinal cord.
Common Anesthesia Errors
Anesthesia must be carefully given to a patient. Any error, even the smallest mistake, can be serious, if not fatal. These errors can result from a defective medical product, but usually they happen because of incompetence or negligence on the part of a medical professional.
When a patient is harmed because of an anesthesia error, you will likely be able to file a claim with a medical malpractice lawyer. Examples of errors include:
- Administering too much or too little of anesthesia
- Failing to notice an error before a health problem arises
- Delaying anesthesia for too long, causing the patient unnecessary pain
- Using the wrong anesthetic
- Failing to use the right drug according to the patient’s medical history
- Giving a patient an anesthetic he or she is allergic to
- Failing to monitor and treat a patient in the proper manner
- Diverting medication, also known as stealing
Consequences of an Anesthesia Error
Sometimes an anesthesia error causes discomfort, nausea, and dizziness. However, serious consequences are more common and may include:
- Nerve damage
- Vision loss
- Heart problems
- Birth defects
- Cardiovascular problems
- Ischemic brain damage
- Hypoxic brain damage
- Vegetative state
Unfortunately, the harm from an anesthesia error is often permanent, or takes a very long time to recover from. This means the victim will almost certainly require extensive in and out patient medical care. Rest assured, our lawyers know this and will work as hard as possible to recover maximum compensation.
Have you or a loved one experienced an anesthesia error? Call a Medical Malpractice Lawyer NOW.
Regardless of who made the error, if you or a family member has suffered harm because of an anesthesia error, you may be entitled to monetary compensation. These cases are generally complex and require ample financial resources as well as in– depth knowledge. For this reason, you should retain a skilled and experienced medical malpractice lawyer. Call now for a free case review.
Thank to our friends and contributors from Greenberg Law Offices of their insight into medical malpractice.
Those who ride a bicycle as means of transportation, sport or leisure, should always be alert and wary of cars around them. At any time, a car driver may become distracted while behind the wheel and not notice you trying to make a turn or slow down to a halt. In the article here, we have answered common questions people may have about bicyclist injuries, seeking medical attention and pursuing legal action against the driver. If you ever find yourself in such a situation, always call 9-1-1 and request a medical evaluation. Injuries can be serious and may need immediate care.
What are common injuries a bicyclist may suffer from?
If a bicyclist was to get struck by a vehicle, a variety of very painful injuries may ensue. The faster the car was going, the more likely the rider may be to suffer life-threatening injuries. If you compare the hard outer shell of a vehicle versus the more fragile exterior of the human body, you can imagine just how critical the injuries can become. Some of the more serious and common cyclist injuries can include:
- Fractured skull
- Brain swelling and/or bleeding
- Broken ankles, wrists, elbow, hands
- Shattered knee cap
- Road rash
- Impalement from bicycle part
- Facial wounds
- Deep cuts & bruising
- Emotional trauma
- Neck & back injuries
- Dislocated shoulder
- Fractured pelvis
When should a bicyclist seek medical attention?
If a rider is ever hit by a car, he or she should always call for medical attention while at the scene. Even if you believe you feel fine enough at the time of the impact, hours later you could realize something more serious has occurred. It is important to exchange information with the driver just as you would if two vehicles got into a car accident. Never permit the driver to leave the scene without first getting their personal details, and a police officer has dealt with the situation accordingly.
Do drivers ever try to get away from the scene?
Sadly, some drivers may attempt to flee the scene of an accident if they were to hit a bicyclist. Their motivations behind wanting to get away are to escape the potentially expensive and long-term consequences of striking a bicyclist. If it appears that the driver is nervous, is looking around frequently and does not readily get out of their car, try to memorize the driver and license plate number then call the police immediately.
Can bicyclists sue to the driver who hit them for financial compensation?
Yes, if the car driver is at-fault for the accident happening, then the rider can pursue a civil lawsuit for compensation. When a person is injured, they not only accumulate medical costs but may also have to get their bike repaired, lose pay due to missing work for recovery, and more. If you are interested in finding out more about your legal options, it is recommended that you make an appointment with a bike accident lawyer residents trust sooner rather than later.
Recently Facebook CEO Mark Zuckerberg appeared before Congress to testify about what his company plans to do before future elections to not continue to be co-opted by foreign governments or other special groups trying to influence elections. On Monday, October 2, Facebook announced it has turned over the more than 3,000 ads linked to the Russia-tied Internet Research Agency to congressional investigators in the wake of the Cambridge-Analytica scandal. In a blog post, the social media giant also further detailed the steps it’s taking to ensure greater transparency and authenticity of ads on the platform.
One such step is to hire more than 1,000 people over the next year who will review ads. Facebook also plans to invest more in machine learning to better identify and take down ads that violate its policies.
Last week, Facebook general counsel Colin Stretch announced the social media giant would release 3,000 Russia-linked political ads to the House and Senate Intelligence Committees, after previously refusing to do so due to cited privacy concerns.
This followed the revelation that at least 470 fake Pages and accounts were identified by Facebook to have spent approximately $100,000 on promoted ads from 2015 to 2016. According to The Washington Post, at least some of these accounts were linked to the Internet Research Agency, a so-called “troll farm,” operated out of Russia. The influencers gave innocent-seeming psychological quizzes then targeted profiles they created on sensitive social issues such as homosexuality policies with negative press on issue linked to Hillary Clinton and positive information linked to the election winner, Donald Trump.
Facebook CEO Mark Zuckerberg, who previously called the notion that fake news on Facebook influenced the election a “pretty crazy idea,” released a video last week outlining “the steps [Facebook is] taking to protect election integrity.” In this piece, we’ll lay out we know so far, what Facebook has promised to do in the future to ensure the integrity of elections around the world, and what questions we still don’t have the answers to. As technology becomes more sophisticated at targeting the preferences of consumers, this issue will continue to be a challenge.
On September 6, Facebook Chief Security Officer Alex Stamos revealed the company’s findings: 470 Pages and accounts that purchased $100,000-worth of ads were “affiliated with one another and likely operated out of Russia.”
Stamos also noted that another $50,000-worth of ads were purchased by “accounts with US IP addresses but with the language set to Russian,” which “didn’t necessarily violate any policy or law” but raised red flags in hindsight.
The New York Times recently detailed how some fake accounts came to be, and the information – or, misinformation – they spread. One profiled account was for a Melvin Redick, ”of Harrisburg, Pa, a friendly-looking American with a backward baseball cap and a young daughter,” someone it seems doesn’t exist. This account, as with others like it, were used to spread divisive messages and start trending topics through promoted advertisements.
At the time, in 2016, Facebook used a self-service advertising interface that lets users promote posts without any employee oversight. Only major ad campaigns from companies receive human attention. “Individual” users working en masse avoid this problem. Only after the election, Schrange claims, did Facebook notice some auto-approved ads due to the large number and scope involved might be “problematic.” If you have questions about Intellectual Property Law or Internet issues, call an attorney, like an intellectual property lawyer, today.
There are many situations that could occur in which a government entity or employee may be the cause of your injuries. For instance, your car may get hit by a city bus or you may fall at the DMV. While you may be entitled to compensation and the government may be liable for your injuries, there are strict guidelines and rules you will need to abide by when suing the government. If you have been involved in an accident or injury that is involved with the government, it is important to have someone on your side who understands the strict regulations that come with these cases. Our lawyers understand the complexities of personal injury cases involving the government and will work to ensure every guideline is followed correctly. Do not hesitate to contact an experienced personal injury lawyer Miami, FL relies on to ensure you are taking proper steps.
How is “Government” Defined in a Personal Injury Lawsuit
It is important to first determine if the government was responsible for your injuries and if it was, which specific government entity should be included in your personal injury lawsuit as a defendant. If an employee works for a state, municipal, local, or federal government and is performing their duties while the accident or injury takes place, they are considered part of the “government” in terms of a personal injury lawsuit.
For instance, if you are rear-ended by a police officer’s vehicle while they are performing their duties, they are considered government. You will need to follow the state-specific guidelines when you sue for your personal injury damages. However, if on your way home from work you get into an accident with a United States Postal Service clerk also on her way home, she is not performing her work duties and is not considered government at that point. If you decided to file a personal injury lawsuit, it would be a regular lawsuit rather than a government lawsuit.
Notice of Claim
One regulation related to suing the government, is that you will need to file a notice of claim before you can file a lawsuit in court. These requirements will differ depending on which state you are in. However, it is usually between one and three pages and you will have to explain that you have a claim against specific employees of the government or government entities. This will also have to lay out the facts around your injuries and state each cause of action that is against the government.
The reason behind providing a notice of claim is to allow the government some time to investigate your claims against a person or entity. During this time period, you may be contacted to discuss your claims with the government. In some instances, the government may prefer to settle your case without going to court. Most of the time, however, the government will deny your claim and once the notice of claim period ends, you will need to bring a lawsuit after them.
Many states have strict time limits if you are bringing a claim against the government. It is important to find out the time restraint on the claim because if you do not send the notice of claim in the appropriate time period, you will not be able to bring any personal injury lawsuits against the government in the future relating to your injuries.
Thank you to the Needle & Ellenberg, P.A for providing their insight and knowledge on personal injury.
One of the most common victims of slip and fall accidents are tenants who are injured at the place they call home. When a tenant is injured, the question is how much responsibility does the landlord have for the accident and for the damages and losses the tenant suffers because of the injuries they suffer in the fall.
What types of slip and fall accidents do tenants sustain?
A slip and fall accident can happen in a multitude of ways, but there are certain types of tenant injuries that slip and fall accident attorneys see frequently. These include:
- Parking lots and sidewalks
- Poor lighting
- Snow and ice removal
What types of injuries do tenants suffer from slip and fall accidents?
Many tenant victims of slip and fall accidents require treatment and recovery for the following types of injuries:
- Back injuries
- Brain injuries
- Fractured ankles and writs
- Knee injuries
- Pulled muscles
- Shattered collarbones
- Skull fractures
- Spinal cord injuries
- Stretched ligaments and tendons
- Tailbone bruises and fractures
How is a landlord responsible for a slip and fall accident?
A landlord owes a duty of care to their tenants, which means they are responsible for properly maintaining the property the tenant is renting, as well as promptly repairing any issues that that come up. This not only applies to the inside of the property in the areas the tenant lives in, but also applies to common areas of the property, such as stairways, hallways, lobbies, and elevators. This responsibility also covers the outside of the property, including parking lots, driveways, sidewalks, pool areas, and yards.
If a tenant is injured in a slip and fall accident and retains an attorney to pursue damages for those injuries, the attorney will look at the following to determine if the landlord was negligent in the accident:
- Did the landlord or one of their representatives/employees create the hazardous condition?
- Did the landlord know the hazardous condition or should have known the hazardous condition existed?
- Did the landlord ignore the hazardous condition for an extended period of time?
When isn’t the landlord responsible for the injury?
If the tenant has a lease with the landlord and the lease states that there are areas that the tenant is responsible for, then there is a possibility the landlord would not be responsible for the slip and fall accident. For example, let’s say the lease specifically states that the tenant is responsible for all snow and ice and removal on stairs, walkways, and the driveway. The tenant fails to remove the ice that has built up on the outside stairs. He falls and breaks his hip, leaving him unable to work at his construction job while the hip heals.
Because the lease states that the tenant was responsible for ice removal, he likely would not have a claim against the landlord and would be responsible for his own medical bills and could not pursue loss on income damages.
If that same tenant and landlord had a lease that stated the landlord was responsible for all snow and ice removal and the tenant fell and fractured his hip, he would likely have a strong personal injury case against the landlord. If you have any personal questions, do not hesitate to contact an experienced slip and fall lawyer Minneapolis MN trusts to ensure you get proper guidance.
Thank you to Johnston Martineau PLLP providing their insight on slip and fall accidents.
The answer to that question is something called the statute of limitations. Every state and the federal courts have one. Typically, the statute of limitations controls how long people have to file a negligence or other legal claim. Like many other areas of the law, the statute of limitations is a balancing act. Tortfeasors (negligent actors) should not have to look over their shoulders in fear of a lawsuit for the rest of their lives. Likewise, victims should have ample time to realize the extent of their injuries, attach a cause to their damages, and collect evidence to support their positions.
The line must be drawn somewhere, and most states draw the line at different places and in different ways.
Limitation of Actions
In most states, the statute of limitations for most negligence cases is two years. That includes claims such as slip-and-fall injuries, car crashes, and dog bites.
However, this is only a rule of thumb and the rules vary significantly. Sometimes, the rules vary within the same state. For example, Georgia’s negligence statute of limitations is usually two years. But if the tortfeasor was a government employee, special rules may apply under the Georgia Tort Claims Act. The statute of limitations can be as short as one year in these cases.
Statutes of Repose
The rules also vary depending on the type of negligence. The statute of limitations usually begins running on the date of injury. But if a defective or dangerous product hurt or killed the victim, some states use a statute of repose. Unlike the SOL, the SOR begins running on the date the victim purchased the product. For this reason, the statute of repose is usually much longer than the statute of limitations.
Things get even more complicated when the injury is a serious illness, such as cancer, as opposed to a broken bone or other trauma injury. It is often several years, or even several decades, before symptoms appear and the victim connects the illness with a tortious act.
It’s very important to know the rules, and it’s even more important to partner with a personal injury lawyer who knows those rules.