Medical Malpractice Information

Wednesday, December 23rd, 2009

Hospitals have a responsibility to ensure that any staff they employ are properly vetted. Checks on qualifications ensure that any person dealing with you are trained to specific standards, including ethical requirements. Pharmaceuticals companies have a legal right to divulge any possible side-effects or other warnings on any particular medication to physicians.

If you feel you have possibly been a victim of medical malpractice it is usually in your best interests to hire a lawyer who specializes in medical malpractice. Most people and agencies involved in medicine have highly trained lawyers at their disposal who know all the ins and outs of this specialized field.

Many people who try to sue for medical malpractice find themselves faced with scenarios such as the following:

• The patient caused their own harm
• The patient signed an informed consent form and so assumed the risk
• The patient failed to disclose information that may have led to a different diagnoses or treatment.
• The patient failed to mitigate or made their own condition worse
• The patient’s condition was not made worse

The truth is that entering into a medical malpractice suit can be costly and stressful. If you feel you have a valid case it is important to have good backing from lawyers who fully understand the legalities and processes involved. This could well make the difference between you winning a case you know you should or losing.

This article is not intended as legal advice.

Legal Source: Medical Malpractice Lawyers The Barber Law Firm. Serving in Dallas, Texas.

Tags: medical malpractice lawyer, victim of medical malpractice
Posted in Injury, Medical Malpractice, Uncategorized | No Comments »

NY Pedicabs Footing The Bill - Now Licensed and Insured

Monday, November 23rd, 2009

Born in 1995, pedicabs provided a way for New York City residents and visitors to get around without all the smog and road rage of your typical motor-powered modes of transport. It was a win-win situation - green transportation for the riders, and for the peddler a handsome $1,000 paycheck. Not to mention a pair of lean legs without ever stepping foot in a gym.

Over the weekend more than 800 New York City pedicabs made the move from their bohemian, rag-tag roots and became a part of the newly regulated “official” industry of pedicabbing. Although for now just in paper, pedicab drivers and pedicab business owners alike hope the new regulations provide for a bit of respect - but are concerned law enforcement may take it too far.

The Journey to Regulation

Pedicab owners were originally the ones to push for regulation, concerned about the lack of safety standards. The unfriendly meeting of a taxi and pedicab at the foot of the Williamsburg Bridge in Brooklyn this past June only put a new spark to the fire, which had grown cold after the mayoral veto back in 2007.

Under the new citywide laws, pedicabs must be licensed, insured, and inspected. Basic safety equipment must be present and functioning on the tricycle, including headlights, seat belts, and hydraulic breaks. Outside of physical safety, lawmakers had the safety of pocketbooks in mind too - pricing must be conspicuously displayed as well.

George Bliss, a 56 years-young first string pedicab entrepreneur mentions one upside to the new regulation - for riders, at least. Since pedicab drivers must be insured now, that means if they happen to kiss and make friends with another taxi and you get hurt, your expenses are covered - not like in the old days, as Bliss says: “The attitude was, ‘Go ahead and sue me, I don’t have any assets.’”

High Hopes and Concerns After Regulation

Most pedicab drivers and owners seem to agree the new regulation will bring some respect to the industry - or at least, so they hope. “They’re going to have to respect us,” says pedicab driver Ricardo Hernandez. “We’re not anonymous anymore.”

On the other side of the coin, some are concerned the new regulations may open the door for lawmakers to restrict their business and cut into profits. It is rumored the city will ban pedicabs from Midtown, which will cut into profits significantly. They also fear the long arm of the law taking their right to enforce a bit too far.

Pedicab driver Bernard Treanor saw some of the fallout after regulations were passed. “It was like the opening sequence of ‘Starsky & Hutch’. They were pulling up, lights were going off, they were jumping out, guys were getting grabbed, bikes were getting thrown on trucks.”

As commissioner of consumer affairs, Jonathan Mintz said: “This industry is taking a journey toward professionalizing itself. It’s going to be a long journey.”

Tags: accident law, Injury, liability insurance, motor vehicles, nyc, pedicabs
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Personal Injury Crash Accident ends up in a DUI / DWI Arrest

Thursday, November 12th, 2009

The Morrisville State Police ran investigation of a single vehicle personal injury accident on the corner of the Erieville Rd at Hardscrabble Rd the Town of Nelson.

The police Investigation has showed that an 1998 Toyota Camry vehicle was going northbound on corner of the Erieville Rd when the vehicle driver lost the control and attempted to exit the east shoulder while striking the main guiderail. The vehicle driver then exited the west shoulder and went striking the ditch. The driver and the passenger were offered assistance.

The vehicle operator was Jonathan V. who was of age 19 and was subsequently arrested for DUI / DWI. He was processed at the SP Morrisville, where they took a breathalyzer sample of .16 BAC%. Later he was charged with DUI / DWI, also driving with BAC greater than .08% and also unsafe speeding. Passenger in the vehicle who was with him at the time Eric J. age of 21 has suffered multiple facial lacerations in the mentioned accident. The passenger was being treated at the scene by the ambulance and then later on he was transported to Community Memorial Hospital where he was undergoing some further treatment.

Tags: dui, dui arrest, dwi, dwi arrest, personal injury, personal injury accident
Posted in Injury, Personal Injury, dui, dwi | No Comments »

Current And Former Personal Injury Lawyer both charged with Embezzlement

Thursday, November 5th, 2009

The long time 21 month investigation brought charges this Thursday against a Tulsa personal injury lawyer and another former lawyer on the allegations that they embezzled over $1.1 million from their clients.

In a stunning news release that comes out from the office of Oklahoma Attorney General Drew Edmondson, William J. Anton and Fred M. Schraeder are accused in a scheme of racketeering, conspiracy and multiple counts of embezzlement, forgery and also workers’ compensation fraud.

Schraeder who is currently 59, is also current Tulsa attorney and Anton who is 59, is ex or former lawyer who gave his law license back in 2007, but continued to practice the law. The two men are accused of embezzling $1,169,514.18 from their own clients personal injury funds and life insurance settlements and other benefits and various claims.

What is most interesting about the story is when a source said “The majority of the funds Anton and Schraeder are accused of stealing were intended to benefit Oklahomans who had been injured, whether on the job or in some type of accident”.

The detailed investigation of these personal injury lawyers conducted by the police department has uncovered that both defendants have paid their own personal expenses by using clients money. They
also point out that a discovery was made in a connection with Anton making a large number of ATM withdrawals, some ATM machines being located at casinos.

Tags: attorney charged, lawyer charged, personal injury attorney, personal injury attorneys, personal injury embezzlement, personal injury lawyer, personal injury lawyers
Posted in Injury, Personal Injury | No Comments »

Personal Injury Law company files for a lawsuit because of an electronic sign

Wednesday, November 4th, 2009

When you refuse a law firm specializing in personal injury then you have high chances of getting sued. This is exactly what happened in the Chesterfield County.

On the October 21’st, a personal injury law firm known as Tronfeld West & Durrett has officially filed the suit against the Chesterfield County alleging that its “free speech pursuant to the First Amendment of the United States Constitution” was denied because “the computer-controlled variable message is a form of commercial speech.”

The lawsuit has also alleged that the Chesterfield County regulation of the electronic signs “is unreasonable, arbitrary and an excessive exercise of the county’s police powers.”

On September of 23′rd, however Chesterfield County main supervisors have decided to deny a request by the personal injury law firm for an electronic message sign which was to be located at the Midlothian Turnpike and Gateway Center Parkway and was supposed to replace the existing sign. The electronic sign policy prohibits the electronic sign within 2,000 feet of another electronic sign. In the case of Tronfeld West & Durrett and the closest sign is located about 850 feet away.

The sign which was supposed to represent the personal injury law firm Tronfeld West & Durrett could have been approved possibly if the recommendations from a main sign study committee had been approved also sometime earlier this year. However both the Chesterfield Planning Commission and the county board disapproved of the electronic sign.

Don Kappel who is the county’s main director of public affairs, commented that it is the practice of the county main attorney’s office not to actually comment on any of the pending litigations.

Tags: Chesterfield County, electronic sign lawsuit, personal injury law firm, personal injury lawyer, Tronfeld West & Durrett
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New Ad ban will try to target most of the Personal Injury Lawyers

Tuesday, November 3rd, 2009

The Personal Injury Lawyers and law firms, sometimes known as also the ”ambulance chasers” of the legal practice profession, are trying to use a variety of big tricks to try and exploit new loopholes found in the laws banning them from trying to advertise their services to individuals.

The NSW government body, which has also had very distinct and mixed results in preventing them from doing this, will try to increase the pressure on their new campaign that is starting this week by tying to send national advertising ban on all the law firms that try to do this.

As of the year 2005 new restrictions were introduced in NSW, with some law firms trying to use devices such as new disclaimers and also various new pop-up screens that show up on their websites to try and get around these existing regulations.

The main NSW Attorney-General, John Hatzistergos, says the practices are ”predatory. Mr Hatzistergos will have a meeting with the nation’s attorney general in Australia Sydney to follow up on his outline and try to ban these kind of practices across the country.

Tags: personal injury lawyer, personal injury lawyer advertising, personal injury lawyers
Posted in Injury, Personal Injury | Comments Off

Medical Malpractice Happens

Wednesday, June 17th, 2009

Medical hit-and-runs happen when patients are gravely injured or killed by medical error. These are errors that can be prevented but sometimes, nurses and doctors pretend like nothing happened. This occurs almost every day across America. However, most patients cannot tell the difference between “normal stuff” and preventable harm.

And when families learn the truth either from accident or from hiring a lawyer, their confidence and trust in the medical system may vanish in an instant. The medical injury compounded by lying and betrayal carries a long-lasting and searing pain for these families.

The only way that these victims of medical malpractice can fight back is through their right to sue. Certainly, they can claim financial compensation to stave off the possible bankruptcy of a serious injury or death. These cases can leave the family with huge medical bills or unending debt.

Remember that the healing process for these medical injuries is filing a lawsuit. Some say that they don’t really want revenge, just to save other people from experiencing the same thing.

It’s possible that the medical industry today is beginning to neglect patient safety. More than a decade after entering the 21^st century, the industry denies the legitimate role of patients in enforcing and monitoring their own safety. In fact, a complex structure of “privilege” and confidentiality laws are ensuring that safety reviews are never reported in any form accessible to the public.

Tags: Injury, lawsuit, lawyer, medical, medical industry, medical injury, medical malpractice, system
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DNA Samples obtained by Tasers

Monday, June 15th, 2009

A New York State judge ruled that it’s permissible for police to obtain a DNA sample from suspects by zapping them with a Taser as long as it is done without excessive extent, malice, or resulting injury.

Sara Sheldon Sperrazza of Niagara County decided to obtain another sample of DNA from Ryan Smith (accused of shooting and gas station robbery) because the first one was sent to the wrong lab by the police. As a result, the DNA sample was opened and spoiled.

When Smith refused to give another DNA sample by swabbing his inside cheek, police zapped him with the electronic stun gun (50,000-volt). Patrick Balkin, his defense lawyer, denounced this. He said, “The judge’s decision means that you can enforce any court order by force, and just Taser anybody anytime.”

On the other hand, Sperrazza cited the Criminal Procedure Law of the state and numerous legal precedents. Also, Officer George McDonnell, the one who used Taser on Smith testified that he only used it for one to two seconds, when the data readout on it says that it can be used for four seconds.

Balkin still insists that the court waived the due process of his client. On the other hand, McDonnell reported that the suspect never complained of injury and none was observed as well.

Tags: DNA, George McDonnell, lawyer, New York, Niagara County, Patrick Balkin, Ryan Smith, Sara Sheldon Sperrazza, Taser
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Important Medical Evaluation after an Accident

Saturday, June 13th, 2009

Accidents can happen anytime. However, most people don’t think of seeking medical treatment right away following an accident. This is true especially if they don’t have any visible signs of injury. Insurance companies know this, that’s why they attempt to record a statement right away after the accident. Then, they would use that statement to argue that you are not injured seriously.

The biggest mistake that people make is to dismiss medical care when they’re involved in an accident. Oftentimes, this is difficult because you have to deal with many concerns such as rental expenses, towing bills, car repairs, and reporting the accident to the insurance companies.

However, even if everything looks fine outside, meaning, you don’t have apparent lacerations, bruises, cuts, or fractures, you could still sustain permanent and significant injury in the accident. For example, you can have a spinal disc injury and even a traumatic brain injury (TBI) several days or weeks after the accident.

TBI’s are caused when there’s a forced impact causing a “ricocheting” effect between skull and brain. Even with a minor, moderate impact and seatbelt on, you could still sustain TBI and brain bleeding when your skull and brain collides.

Tags: accidents, Injury, insurance companies, medical treatment, spinal disc injury, traumatic brain injury
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Immediate Snow Removal Law

Thursday, June 11th, 2009

Park Ridge City Council is focused on snow while most of their citizens are probably looking forward to summer and sun. An ordinance that requires all businesses to clear their own sidewalk of ice and snow immediately after a snowfall or else risk being fined is considered by aldermen. As part of this discussion, they also reviewed proposals to allow police to ticket those residents throwing snow onto public streets from parkways, sidewalks, and driveway aprons.

The proposed ordinance states that business owners may be fined with $50 for each day that their sidewalk accumulated two inches of snow within 24 hours. Tentative support on Monday night was given by Aldermen Frank Wsol, Jim Allegretti, and Rich DiPietro.

Park Ridge Chamber of Commerce executive director, Gail Haller, found no negative impact of the new law. She said that most businesses are already clearing their sidewalks voluntarily.

Allegretti said, “I don’t want the businesses to be opened to lawsuits. This ordinance would protect business owners if ever someone suffered an injury after falling down on a shoveled pavement that may not yet be completely clear of ice.” Also, Everette “Buzz” Hill, City Attorney, said he would verify an existing state law preventing liability.

Tags: aldermen, attorney, Frank Wsol, Gail Haller, Injury, Jim Allegretti, law, lawsuits, ordinance, Park Ridge City Council, Rich DiPietro
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The Truth about Dog Bite Cases in Florida

Tuesday, June 9th, 2009

Dog bite attacks that cause injuries are approaching almost five million every year. Therefore, it’s critical for every Floridian to know the truths and myths regarding these cases.

Dog-bite victims are quite favored by the public, the state’s legislature, and the insurance industry compared to other tort law areas. Attorneys litigate both common cases (scars) and severe ones (disfigurement).

Florida adheres to a very strict liability statutory framework imposed on dog owners. Liability is established if:

• *The defendant truly owns the dog.
• *The attack occurred while in a lawfully private location or in a public place.

Hence, trespassers are excluded from potential dog bite statute protection. However, there may be an implied invitation that can be sufficiently used for defense depending on the circumstances of the case. Furthermore potential recoveries may be reduced through a comparative negligence committed by the plaintiff.

In addition, some victims are animal lovers by heart – they fear that the dog will be euthanized if they make an injury claim. But it’s important to know that the dog will not be placed in any danger or be taken away from his home if the victim did not press this issue with animal control.

Tags: attorneys, disfigurement, dog bite, Florida, Floridian, law, negligence, scars, tort, tort law, trespassers
Posted in Injury, Personal Injury | No Comments »

Product Liability Lawsuits

Sunday, June 7th, 2009

The law that deals with consumer products causing injury or death to consumers is called “product liability.” This area of law protects the people from defective or harmful products that individuals or companies manufacture or sell.

Product liability covers any product involved in accidents due to malfunction of its purpose. Unfortunately, there are thousands of preventable deaths occurring each year which results to many individual and social losses including job loss, healthcare costs, injuries, and deaths caused by faulty products.

Some major examples include baby product defects, faulty hospital beds and products, ATV accidents, defective tires, or SUV rollovers. In product liability lawsuits, your attorney will make sure that there’s evidence of faulty product stemming from the way it was manufactured. Before filing a case, attorneys have to make sure that the manufacturer is the one at fault, rather than other external reasons. Also, the injury sustained should be directly linked to the product malfunction.

So if you, your family, or your friends have been injured and the cause is a product’s malfunction, remember that there may be monetary damages paid to you. The first step would be to contact a good injury attorney for consultation. You can find these attorneys in online directories all over the web.

Tags: attorney, attorneys, damages, defective, Injury, injury attorney, law, malfunction, online directories, product liability
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Injury Suits Distinction Discarded

Friday, June 5th, 2009

A lawsuit was filed by Valerie Koenig, a woman living in Des Moines who tripped in her son’s house over a carpet-cleaner. She sued due to suffering a leg injury. However, she lost in a Polk County court. Consequently, she appealed, saying that the judge relied on jury instructions already outdated in modern society.

In the past, property owners need to warn allowed visitors and invited visitors on potential dangers. Those who were invited to the property could sue if the owner failed to warn them of these dangers. However, those merely allowed to visit (or “licensees”) could not.

This centuries-old provision that differentiates between people invited onto private property or those merely allowed to visit has been dissolved by the Iowa Supreme Court. The lawyers said that the decision eliminated an outdated rule leading to confusion among jurors as well as conflicting results in courtrooms.

Justice Brent Appel described the ruling on Friday as a “higher valuation given to public safety as compared to property rights.” As a result, justices returned Koenig’s case to Polk County to undergo a new trial. If she can prove that her son showed “general negligence,” then she could have a good chance of winning the case.

Tags: Des Moines, Injury, Justice Brent Appel, lawsuit, leg injury, licensees, personal injury, Polk County court, Valerie Koenig
Posted in Injury, Latest Legal News, Personal Injury | No Comments »

Contingent Fees are Common in Personal Injury Cases

Wednesday, June 3rd, 2009

When the attorneys earn a fee or a percentage of the client’s claim, it’s called “contingent fees.” These are typical fees given in personal injury cases throughout the United States. There are various advantages in giving this incentive to the lawyers to encourage them to claim the best outcome for you.

In fact, a study (Behavioral Analysis of Contingent Fees) at University of Jerusalem done by professors reached a conclusion contrary to common economic wisdom:

• *Counter-intuitively, people judge contingent fees yielding low effective hourly rate for the lawyer as unfair compared to contingent fees yielding high effective hourly rate.
• *Lack of alternatives and information problems are not such big factors to be considered in the fee arrangement chosen by clients.
• *Loss aversion (instead of risk aversion or giving incentives to win the case) may play a major role in the preference of clients for contingent fees.
• *Facing a choice between one mixed gamble and one pure positive one, the plaintiffs would prefer contingent fees even if that yields an expected fee several times higher compared to a non-contingent one.
• *Defendants facing a choice between two negative gambles typically risk preferring and seeking fixed fees.
• .

Tags: attorneys, Behavioral Analysis of Contingent Fees, contingent fees, Injury, lawyer, lawyers, personal injury, University of Jerusalem
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A Pedophile could get 45 Years

Monday, June 1st, 2009

On Friday, a self-confessed pedophile, Jeffrey Brisson, could be sentenced to a 45-year jail time. A prosecutor told the court officials that this sentence would protect three generations of children.

Paul Rotiroti, Senior Assistant State’s Attorney told the public, “This is the most horrifying, disgusting, and alarming case I’ve ever seen or handled in court. We need to keep this man separated from society.”

The 30-year-old Brisson was arrested on January 30, 2008 together with 40-year-old Harold Spurling, his roommate. The officers served warrants for a teenage boy’s longtime molestation but when they found the pair in their apartment, Brisson was sexually assaulting a 3-month-old girl.

Succeeding searches of their computer revealed state history’s largest child pornography investigations. They recovered numerous videos of children being molested for several years. Sex acts on children with ages varying from 3-month old babies to 2 years were seen. In fact, police said there was a 14-year-old who has been victimized for eight years.

The mother of the baby (3-month old) was also arrested because she risked injury on the child for leaving her in a filthy apartment. The woman said that she allowed it because the men offered “free babysitting.”

Brisson’s attorney public defender, Kenneth Simon, argued that, “There was actually no physical force. It’s not a physical injury, more of a mental one. Sure, the videos may be disturbing but I saw that the baby was just smiling.” Although Simon did not agree to the facts on the charges, he conceded that Brisson would likely be convicted during trial.

Tags: Harold Spurling, Injury, Jeffrey Brisson, Kenneth Simon, Paul Rotiroti, pedophile, prosecutor
Posted in Child Injury, Injury, Latest Legal News | No Comments »

High Risk of Runway Collisions

Saturday, May 30th, 2009

It might surprise you that ground collisions are considered as the second cause of accidents in aviation, the first being weather-related accidents. It may be easy to push away the risk of ground collision compared to a mishap at 4,000 feet, which is much scarier especially if you’re not fond of heights. But it has already been proven that ground collision is more deadly.

Runway collisions are different from car crashes because airplanes move hundreds of miles per hour and they’re not engineered for passenger crash safety (for example, unlike cars, they don’t have air bags). In fact, the ground collision in Spain on 1977 may be the most deadly disaster in aviation – two 747s crashed and killed 582 people.

In addition, human error such as mistakes in air traffic controllers and pilots are often blamed for majority of crashes. National Transportation Safety Board statistics reveal that 55% of commercial crashes and 91% of noncommercial flights (like traffic helicopters or private planes) are caused by human error.

Remember that when someone makes a bad decision which costs your health or your life, you or your loved ones have the legal right to hold these people responsible. Contact an accident lawyer from a reputable lawyer directory online to discuss your injury claim.

Tags: accident lawyer, aviation, ground collisions, humn error, Injury, National Transportation Safety Board, runway collisions
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No Floodgates of Injury Charges

Thursday, May 28th, 2009

Yesterday, a sports lawyer said that a guilty verdict over Manny Castillo’s death won’t open the floodgates towards other sport injury charges. For athletes, however, it highlights the need to define “line of consent.”

Steven Indig, a Centre for Sport and Law (Vaughan-based) lawyer said, “When we pass line of consent, we need to respond to our actions – hopefully, this message gets across. Obviously, it’s very important to define that line, especially from a legal context point of view. When we play sport, we assume certain risks.”

He said further, “So what are those risks and where’s that line? When we play football, we may consent to being tackled, but never clothes-lined. At the same token, when we play hockey, we may consent with being checked, but never with the stick. So I think these lines are muddy.”

Meanwhile, Doug Crosse, Rugby Canada spokesman, said “This does not really represent what rugby is all about. Therefore, it’s just an isolated incident. Lots of kids play rugby in their teens for the first time and they don’t have a lifetime of exposure to this sport as what they do with baseball, basketball, or hockey – this is part of the problem.”

In addition, Todd Russell, Toronto Rugby president, said “No sport will intentionally field players with the intention of making them suffer injuries.”

Tags: Centre for Sport and Law, Doug Crosse, line of consent, rugby, Sports Injury, sports lawyer, Steven Indig, Todd Russell
Posted in Injury, Sports Injury | No Comments »

Finding a Good Injury Attorney

Tuesday, May 26th, 2009

It can be traumatic to be involved in an accident, especially if you’re not the one at fault. First of all, there’s physical trauma because you have gone through a terrible experience. Second, the financial trauma is also present. You’ll have to spend a lot for medications and medical bills. Another trauma appears when you realize that you can’t go back to work right away due to the accident. Therefore, you’ll be facing more financial loss.

Consequently, it’s so important to find one good injury attorney who can walk you through the entire process and help you to get the claim you deserve.

When choosing a good injury attorney, consider the reputation as the main criteria. Reputation doesn’t mean big advertisements done by their law firms. It’s something established by people around him, especially his colleagues and clients. If they are willing to put a good word for him, there’s no better proof of his credibility and competence.

So when you’re already facing your chosen attorney, don’t hesitate to address your hesitation and concerns. Before deciding whether you have found a good injury attorney, listen to the answers carefully. If all your questions are being answered and explained clearly, then the attorney can be for keeps.

Tags: accident, attorney, financial loss, financial trauma, injury attorney, physical trauma, reputation
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Do you Understand Personal Injury Law?

Sunday, May 24th, 2009

Contrary to popular belief, many U.S. citizens do not understand the benefits that they could claim if they will contact an injury lawyer. Some people also prefer to keep silent when encountering a personal injury because they don’t want to expose it to public’s view.

Be forewarned however, that personal injuries do not necessarily equate to a money claim. Good personal injury lawyers don’t just take-on any personal injury case. The prospective clients need to have a credible story – this means that they must not attempt to manipulate the facts or express unreasonable expectations.

Personal injury lawyers can help you gain compensation for endurance of suffering and pain, doctor’s bills or other related medical expenses (such as home care), and lost time from work. In addition, these lawyers can help you decide whether the case consists of either tort (wrongful act done willfully) or negligence.

An example of tort is when an electrical apprentice was asked by the supervisor to scavenge a repair part in a locked-off power station, knowing that it’s a very dangerous place. An example of negligence is when a tractor was left without enforcing the proper brakes, and side-swiped a car passing by.

Typical injuries are sustained in car accidents or on-the-job accidents. But a personal injury case may also deal with construction defect, product liability, or price fixing.

Tags: car accidents, injury lawyer, negligence, on-the-job accidents, personal injury, personal injury lawyers, tort
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Opposition for Liability Laws Change

Friday, May 22nd, 2009

More than 50 organizations and businesses joined together to oppose the bid to change liability laws of Wisconsin authored by Gov. Jim Doyle. This proposal called “joint and several liability” is predicted to increase civil lawsuits and victims receiving full damages.

Doyle’s proposal states that the defendant may not be found equally or more liable than the plaintiff. This means that even if the business owner is only 1% at fault, he or she has to pay 100% of the damages. Trial lawyers supporting the change say that this rarely happens while opponents say that it’s unfair.

Members of the coalition opposing the proposal include the state Hospital Association, Tavern League, Wisconsin Manufacturers and Commerce, Farmers Union & Farm Bureau in the state, tourism groups, and ski resort owners. They say that this change would raise insurance rates, bring more lawsuits, and would even drive some owners out of business.

According to Madison’s Chevrolet general manager, Tom Thorstad, “I’m really frightened to think of what will happen to Wisconsin’s business climate. My dealership has already cut worker hours and overtime but the proposed laws could inevitably cost my business even more.”

Meanwhile, trial lawyers accused businesses of employing scare tactics. Fears about the state’s business climate change were unfounded because this law would actually improve the existing one. Current liability laws in Wisconsin state that the defendant will not be held liable for damages in any accidental injury or death unless they’re at least 51% at fault.

Tags: Gov. Jim Doyle, law, laws, lawsuits trial lawyers, lawyers, Madison, Tom Thorstad, Wisconsin
Posted in Injury, Personal Injury | No Comments »

Dealing with Insurance Companies

Wednesday, May 20th, 2009

Make sure that your interests and legal rights are fully protected if you’re involved in motor vehicle accidents. Typically, these auto accident claims are handled through insurance companies. Therefore, it’s wise to maintain appropriate communication with your insurance carrier after the accident and receive the maximum compensation amount you’re eligible to claim.

Here is the process of dealing with your insurance company after an auto accident:

• *Notify the police – file a police report
• *Gather evidence – take photos of your injury, damaged vehicle, and accident scene if possible
• *Know your coverage – review and understand your policy
• *Contact an insurance company representative– call your insurance agent after the accident or injury
• *Be honest – state all the facts; if not, it may invalidate your claim
• *Take notes – jot down the name and job title of the person that you’ve spoken with. Write down details of your conversation with the insurance company representatives.
• *Submit formal demand letter – determine the worth of your claim including the injuries you suffered, lost income, medical treatment needed, etc. This part is best done with the help of an experienced and qualified personal injury attorney.
• *Negotiate – don’t accept first estimate because the initial appraisal will most likely be low.
• *Get legal advice – Remember that you don’t need to sign any waivers, releases, or final payment checks until you’ve consulted a personal injury attorney who will protect your legal rights.

Tags: attorney, auto accident claims, insurance companies, personal injury attorney
Posted in Injury, Personal Injury | No Comments »

Tort Law Explained

Monday, May 18th, 2009

Civil wrongs that result in harm or personal injury constituting grounds for a lawsuit are called torts. Therefore, tort law addresses conflicts between entities (e.g. pharmaceutical company) or private individuals. It’s the type of law governing personal injury claims and it serves these purposes:

• -To ensure that the aggrieved or injured party receives compensation for damages, and
• -To deter other entities and individuals from committing the same harm.

Tort law is determined by individual states through legislative and judicial action. Although rare, a tort claim may also be made under the federal law. One example of this is a civil rights violation.

Most personal injury cases may fall under tort law. It covers a wide range of cases involving product liability, medical negligence, boating accidents, motorcycle accidents, and car accidents. Under this law, injured parties may recover damages for suffering, pain, medical expenses, and existing loss of earning or future loss of earning capacity.

Some torts are considered as punishable crimes. However, tort law is entirely different from criminal law. Torts can be remedied with monetary means while crimes are concerned with punishment in jail. So if you are searching for someone to defend you and help your claim, search for an experienced personal injury lawyer through an online directory.

Tags: federal law, law, online directory, personal injury, personal injury attorney, tort claim, tort law
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Qualifying Expert Witnesses in a Personal Injury Case

Saturday, May 16th, 2009

Doctors or any other specialized medical professionals testifying in behalf of the defendant or plaintiff are called expert witnesses. Most state laws require that both the defendant and plaintiff appoint their own expert witnesses to testify in a case.

Expert witnesses play a very critical role to prove that the injuries of the victim were caused by the defendant’s negligence or actions. This is especially true in personal injury cases, particularly in a medical malpractice lawsuit.

The burden of proof falls on the plaintiff in these types of cases. This means that you have to show satisfactory evidence that the wrongful conduct or negligence of the defendant directly resulted in the injuries you sustained. Therefore, the testimony of an expert witness is vital and necessary.
For example, the doctor who treated your injuries needs to testify in court to relay the details of treatment, as well as the medical costs involved.

If you want to pursue a claim for personal injury, it’s essential for you to seek the advice of experienced injury attorneys. They can maximize your interests and protect your legal rights. In addition, they can advise you on the quality of expert witnesses you can use for your case.

Tags: defendant, expert witnesses, injuries, Injury, injury attorneys, negligence, plaintiff
Posted in Injury, Medical Malpractice, Personal Injury | No Comments »

The Good that Comes out of Tragedy

Thursday, May 14th, 2009

Gov. Chris Gregoire said “out of tragedy comes something good.” She is talking about Zackery Lystedt Law – the first bill that she signed which will protect young athletes from traumatic brain injuries or death due to trauma.

In the bill signing, 16-year-old Zackery Lystedt was beside her, dressed in a black suit and sitting in a wheelchair. In their back stood his family, friends, and supporters (more than 50 of them).

Lystedt suffered a concussion in October 2006 while playing in a football game for middle-school. Moreover, he returned to the game without any medical evaluation. He proceeded to take a few more hits, and then he collapsed a minute after the game ended. As a result, his traumatic brain injury placed him in a coma for several months and required extensive therapy after two years.

Zackery Lystedt Law was proposed and passed to protect athletes from similar injuries. The law requires any athlete to consult a licensed medical professional if there’s an apparent injury (whether in practice or in a game). Before the athlete could go back in the play, there should be an approval from the doctor (or any certified athletic trainer).

“This bill saves lives every year,” says Stan Herring, the clinical physician for Washington School of Medicine, team physician for NFL’s Seahawks, and one of the strongest supporters of the bill.

Tags: bill, Chris Gregoire, Injury, law, Stan Herring, Zachery Lystedt Law
Posted in Injury, Sports Injury | No Comments »

Accident-Prone SUVs

Tuesday, May 12th, 2009

When buying a car, people oftentimes consider only its exterior qualities. They fail to check its vulnerability and safety features in case of car accidents.

For example, many people are attracted to purchase Sports Utility Vehicles (SUVs) in the market today due to its elegant and sturdy look. However, a study has shown a different result. People inside SUVs are three times more likely to suffer injury or meet death compared to occupants of other vehicles.

Injury-related deaths due to SUV roll-overs have brought too much distress and pain to many families. Negligent parties have also paid big bulks of money for settlement or compensation. Therefore, be very careful when you’re choosing a vehicle to buy and take caution in driving them.

Actually, all vehicles are at risk of roll-overs. This happens when the driver losses control of the vehicle due to a turn miscalculation or wrong break application. The study also shows that vehicles built closer to the ground (lower-built) are safer than others. In the case of SUVs, they are built with higher gravity center from the ground. That’s why it’s more likely to roll-over compared to others.

Here are some injuries that result from roll-over accidents:

• *Neck Injury – seatbelts can cause pressure and strain to the neck area muscles.
• *Head and Brain Injury – sudden impact in the head area might cause severe headaches or even memory problems.
• *Spinal Cord Injury – any slight damage to the spinal cord may cause temporary or permanent paralysis.

Tags: head and brain injury, injuries, Injury, neck injury, spinal cord injury, SUVs
Posted in Injury, Personal Injury | No Comments »

Injury Charges to Analyst Filed

Sunday, May 10th, 2009

Jefferson Circuit Court judge was asked by the office of the attorney general to prohibit a behavioral analyst from seeing patients while facing a charge of injury and criminal abuse. Jeffrey Dillen, working at a psychiatric hospital named Our Lady of Peace, pleaded not guilty to this charge.

According to reports, Dillen, 28, allegedly allowed a 17-year-old teen to hit her head hard on a concrete floor over 120 times during treatment. Dillen’s purpose is to find out the cause of the teen’s self-injury behavior.

Dillen was booked into Metro Corrections but already released. He is now on administrative leave from the hospital but still seen to be working with contract patients. A hearing with Judge Mary Shaw is set on Friday to hear arguments whether Dillen should see patients under indictment.

According to the indictment, Dillen placed the teen in a situation that caused her cruel confinement, torture, or serious physical injury. Also, he disregarded the doctor’s order to place a helmet on the patient’s head to protect her if she would bang her head.

An attorney for Dillen, Mark Chandler, declined to comment. Moreover, he filed a motion with the court yesterday to make sure that the video and medical records of the teen be sealed when filed.

Though the girl has diagnosis of mental retardation, cerebral palsy, and autism, report said that she stopped banging her head when a helmet was put on her head. The inspector was also surprised to learn that the incident was told to the doctor only after 21 hours later.

Tags: attorney, Injury, Jefferson Circuit Court, Jeffrey Dillen, Judge Mary Shaw, Mark Chandler, Our Lady of Peace
Posted in Injury, Self-injury | No Comments »

Asbestosis and Mesothelioma Injury need an Attorney

Saturday, May 9th, 2009

There are asbestos-related diseases in the world caused by asbestos and other asbestos-containing materials. And two of the most dangerous ones are called asbestosis and mesothelioma.

Asbestos are used in thousands of products because of its high versatility, abundance, and affordability. It is a naturally occurring mineral which requires no manufacturing. Instead, the whole manufacturing process involves mining, crushing, and adding into the products.

Before 1970, United States banned the use of asbestos-containing materials. However, asbestos fibers were still commonly found in:

· Wall board

· Paint

· Ceiling tiles

· Cork boards

· Vinyl floor covering

· Brake linings

· Roofing materials

· Insulation

· Fireproofing materials

Exposure to asbestos can cause various asbestos-related diseases including asbestosis. However, the most dangerous one is called mesothelioma. What’s frightening is that the symptoms of this disease do not typically develop right away (sometimes after a decade) and the treatment options are also limited.

Years after your asbestos exposure, you could file a lawsuit against the company (or any party) that negligently exposed you to asbestos fibers. You may hold them accountable for their actions. It is best to contact an injury attorney right away to determine if you’re entitled to damages.

Tags: abestos, asbestos fibers, asbestosis, attorney, injury attorney, mesothelioma
Posted in Injury, Personal Injury | No Comments »

28-year old Woman Convicted of Child Injury

Friday, May 8th, 2009

Gloria Ramirez, a mother of nine and eight months pregnant, was charged with child injury and endangerment after police officers found a dead fetus in her filthy home’s refrigerator. As a result, she was sentenced to prison for 10 years.

In 2007, when Anthony Moya, Ramirez’s common-in-law husband called a funeral home and inquired about a casket made for a stillborn infant, the police came to the couple’s home. They found the fetus in a refrigerator placed inside a baby wipe box.

Afterwards, investigators also found dirty diapers in their closets stacked 4 feet high, overflowing trash bins, and decaying food around the house. Most of the children also slept in soiled mattresses.

According to testimony, Ramirez blamed the children for her miscarriage, telling them that they disturb her in her sleep. Also, one of the children testified that she threatened their lives if they will tell anyone regarding the conditions in their home.

Prosecutor Jennifer Bassett said that the couple was abusing their children by letting them sleep and live in a filthy, rat- and roach-infested home. Because of the children, Ramirez and Moya were collecting $1,000 monthly in food stamps but they’re feeding them only one meal a day. As a result, Moya was also arrested on endangerment charges.

On the other side, defense attorney Ted Hogan expressed disappointment in the sentence. He said “This is tragic. Sending Ramirez to jail will not benefit her or her children.”

Jurors convicted Ramirez following only 32 minutes of deliberation.

Tags: Anthony Moya, Child Injury, defense attorney, Gloria Ramirez, Jennifer Bassett, prosecutor, Ted Hogan
Posted in Child Injury, Injury | No Comments »

Different Types of Spinal Injury

Thursday, May 7th, 2009

The most common injuries associated with body trauma arise from slip and fall, car, or truck accidents. And among the back, neck, and spine injuries, the spinal discs are more at risk. The spinal column, where these discs are located, extends from the brain, runs through the back of the neck, and down to the lower back. Therefore, it’s divided into three areas:

• *Cervical – the neck part
• *Thoracic – the mid-back part
• *Lumbar – the lower back part

Also, there are many descriptive terms used for the disc injuries and pain. Some of them are:

• *Herniated Disc – a bulge has opened up in the disc and its gel-like substance came out. This injury will affect how you perform your everyday tasks. It will bring severe pain in all you do.
• *Ruptured Disc – all the gelatinous portion of the disc is forced through the weakened part. If you have this, you would always experience back pain.
• *Slipped Disc – when your discs spit or rupture. This can also cause pain in the surrounding area.

If you are now suffering from any of these injuries due to an accident where someone is at fault, you can find injury lawyers and ask help from them. They can help compensate you for physical, psychological, and emotional problems associated with these injuries.

Tags: cervical, herniated disc, injuries, injury lawyers, lumbar, ruptured disc, slipped disc, thoracic
Posted in Injury, Personal Injury | No Comments »

Whiplash Injury Claim

Wednesday, May 6th, 2009

When a person suffers injury to their neck, it can be typically referred to as whiplash injury. But too often, this type of injury is often overlooked or under-compensated because it’s considered minor. However, the pain and suffering that one experiences in this type of injury is not a joke.

There are variable factors that can affect your whiplash injury claim. If you apply for a claim with the insurance company directly, then you can be compensated according to the settlement agreement that you made. However, if you decide to seek the advice of an injury lawyer, you may be entitled to the following:

· General damages – it may be difficult to determine the overall amount that you can claim based on the physical pain and suffering you encountered. Details of your medical report can be the key to establish the actual extent of the injuries. You may also claim for loss of enjoyment or emotional pain. Other psychological disorders, such as depression, may also be included in the claim.

· Special damages – these can be paid to you based on special losses you encountered due to the injury. Therefore the amount may be fixed to some degree. Paying for medical attention, hiring someone to care for you while recovering from your injury, or car hire expenses because your car is still in the repair shop – all of these may be included in your claim.

Tags: general damages, Injury, injury lawyer, special damages, whiplash
Posted in Injury, Personal Injury | No Comments »

Insurance Companies may Cheat you

Tuesday, May 5th, 2009

Victims of personal injury usually don’t know how much they could claim for a back injury or car accident insurance settlement. Every case is different.

In a regular claim, the company attorney or adjuster will determine the settlement amount. However, if you deal directly with them without the presence of an attorney, the insurance company may try to convince you that your claim is really not worth too much. The common strategy is to give you a small offer and would threaten you to “take it, or otherwise, leave it.”

On the other hand, if you consult personal injury attorneys, they would naturally know how much a case is worth based on their experience. If you allow them to negotiate for you, it’s in their best interest to claim for a higher amount (they’ll earn more if they can get more settlement for you). For example, a common initial offer is $500 for your pain and suffering. However, an experienced personal injury attorney would have gotten $5,000 for the same claim.

The amount you can claim for back injury settlements would depend on many factors:

· The severity of the injury

· The length of treatment

· The amount of permanent damage done

· How much work or pay was lost

· The effect on your lifestyle

· The kind of job you could have had if there was no injury that took place.

Tags: attorney, personal injury, personal injury attorney, personal injury attorneys
Posted in Injury, Personal Injury | No Comments »

Chimpanzee Attacker’s Owner may Freeze Assets

Monday, May 4th, 2009

Attorneys in a Stamford lawsuit are getting close to reaching an agreement on freezing some or all of the assets of Sandra Herold.

Herold owns a chimpanzee that attacked Charla Nash last February. According to reports, Herold is Nash’s employer and friend. On Feb. 16, the chimpanzee escaped and Herold called Nash for help to get the pet back in the house. After the attack, the police shot and killed Travis (pet’s name).

The injuries suffered by Nash are terrible. According to the doctors, she lost her nose, lips, and hands. And in addition to her brain injury, she is also blind because of the attack. Right now, she’s slowly making improvement at Cleveland Clinic in Ohio.

In March, Nash’s attorneys already moved in to prevent Herold from getting rid or selling her $50 million assets in case damages are awarded later in the lawsuit. At the next scheduled hearing, the attorneys will already present a possible agreement, to be approved by the court.

Michael Nash, the twin brother of the victim, was appointed the conservator in Probate Court. According to Nash’s attorney, Charles Willinger, “Damages awarded in this suit would go to the care of her daughter (17-year-old) as well as her recurring medical expenses.”

Tags: attorney, attorneys, brain injury, Charla Nash, Charles Willinger, Cleveland Clinic, injuries, Injury, Michael Nash, Probate Court, Sandra Herold
Posted in Injury, Personal Injury | No Comments »

Work Laws Compensate for Injuries

Sunday, May 3rd, 2009

When employees are disabled or injured on the job, they should be provided with permanent or fixed monetary awards. This is already stipulated in work laws; therefore, there should be no need for litigation.

However, there are times when private employers or companies undermine these laws. Take note that if they failed to pay you or your co-worker for injuries sustained on the job, you can contact a workers compensation lawyer in your area to seek help.

Work laws include:

• Factory machine injuries
• Construction accidents
• Work vehicle accidents
• Wrongful death
• Disability
• Slips and falls

You can request a “commutation” if you want a part or your entire permanent disability award in a lump sum. Through the order of your local Worker’s Compensation Administrative Judge, payment can be made either through you or your lawyer.

On the other hand, “compromise and release” is a workers’ compensation case final settlement. The parties will agree on one lump sum payment which usually settles all issues except for the employee’s future vocational rehabilitation.

In 2002, private companies reported that there were 4.7 million illnesses and non-life threatening injuries. With this result, there were 5.3 cases of work-related injuries per 100 full-time workers, as surveyed by Bureau of Labor Statistics.

Tags: commutation, compromise and release, disability, law, lawyer, work laws, workers compensation lawyer
Posted in Disability Benefits, Injury | No Comments »

Do you have a True Medical Malpractice Case?

Saturday, May 2nd, 2009

Some people are shocked when their lawyers tell them that their medical malpractice case will not hold merit in court. These medical malpractice lawyers usually screen their cases and accept only those that qualify. To find out, they gather evidence and consult with the physicians involved. Sometimes, they can figure out if the case is solid just by talking with their clients.

A true medical malpractice case consists of negligent conduct causing damage to the patient. Theoretically, if there is no injury, or the negligent conduct is not the cause of the injury, then the legal system should not be bothered with it.

Medical malpractice laws are specifically designed to pursue compensation and protect patient’s rights if they’re injured due to negligence. A medical professional can be charged with negligence if there’s error in illness management, starting from diagnosis to treatment.

Other examples of negligence include misdiagnosis, failure to inform of the risks inherent in a certain procedure, negligently performing a procedure, or prescribing the wrong drug. So if such negligence resulted in injury, the patient can file a legal case for medical malpractice against the doctor, hospital, or local state.

However, medical malpractice suits are often costly and complex. The insurance companies that handle claims on behalf of these physicians are very aggressive to defend against these cases.

Fortunately, you can also defend yourself through medical malpractice lawyers. They can be easily found through a lawyer referral service or a lawyer directory online.

Tags: lawyer directory, lawyer referral service, medical malpractice, medical malpractice lawyers, negligence
Posted in Injury, Medical Malpractice | No Comments »

Social Security Disability Lawyers increase your Chances of Winning

Friday, May 1st, 2009

Social Security Disability program provides monetary assistance to disabled people. In their definition, disability means the inability to engage in a gainful activity due to a mental or physical impairment which will last for more than 12 months or expected to lead to death.

People who are qualified to avail of this benefit know that it’s important to hire social security disability lawyers to help them in their claim. However, you need to understand that these lawyers are not there to expedite the entire process. The main goal of social security disability lawyers is to increase the chances of winning your claim for benefits at every level of the process.

Since most insurance and income claims are denied at initial application and reconsideration level, it can be appealed to Administrative Law Judge level. Then, you can be scheduled for a hearing. This is where you need the help of a social security disability lawyer to increase your chance of success.

These lawyers typically have the experience to gather and evaluate your medical documents in order to prepare the right format required by the Administrative Law judge. The most important thing that they do is decipher and answer all the questions of the judge and showcase their expertise in navigating through the hearings.

Tags: Administrative Law Judge, lawyers, social security disability lawyers, Social Security Disability program
Posted in Disability Benefits, Injury | No Comments »

Three People injured in Los Angeles Car Accident

Thursday, April 30th, 2009

A 15-year-old boy and 21-year-old girl suffered major personal injuries when a head-on crash occurred between a Ford F-150 pickup truck and a Nissan Altima.

According to reports, Raquel Christian Leon (21-year-old Nissan’s driver) was surprised to see Derik Armstrong (19-year-old F-150 driver) travel west in Leffingwell Road’s eastbound lanes. Leon was with a 15-year-old boy while Armstrong was with a 17-year-old passenger. Everyone was taken to the hospital and no one was arrested yet, pending an investigation.

Officials have no clue why Armstrong was on the wrong side. Could he be under the influence of drugs or alcohol? Or was he disoriented or distracted for some reason? Whatever it is, he caused a car collision leaving three people with serious injuries.

In vehicular accidents like this, the injured victims should consult an experienced injury lawyer to advice them of their options and legal rights. If the injury was proven to be caused by the negligence of another driver, the victims may receive compensation that will cover property damage, loss of wages, medical bills, and other related expenses.

Statistics of California Highway Patrol reported that there were 411 injuries and nine fatalities of traffic accidents in Whittier (including this car collision). While for the entire Los Angeles County, there were 56,475 injuries and 712 deaths during the same period.

Tags: California Highway Patrol, Derik Armstrong, Injury, injury lawyer, lawyer, Raquel Christian Leon, Whittier
Posted in Injury, Personal Injury | No Comments »

Wrongful Death Cases Explored

Wednesday, April 29th, 2009

Medical malpractice and wrongful death are cases involving lawsuits or claims where another’s negligence, product, or conduct caused death. These cases may involve family members of decedents, administrators, estates, and executors.

Most of the time, the period after suffering the fatality could be overwhelming. Experts recommend that you communicate with the investigators. Of course, it also helps if you have a lawyer who will remain objective and understanding in dealing with the parties involved.

Aside from this, you could also be involved in the estate’s personal injury lawsuits and claims. Most likely, these cases were unresolved before the death of the decedent. For example, when somebody was injured from a car accident before death, it may not necessarily lead to a lawsuit against the person responsible for it.

First, an investigation should be conducted on whether the death of the decedent was due to the injuries sustained from the car accident or not. Sure, the case of the deceased will still proceed; however, it may involve unique challenges due to the absence of the decedent’s direct testimony.

Bear in mind that the estate attorney you need to hire should have experience in handling or litigating death claims. Also, he or she should not have conflict of interest between the litigants and the estate. If you wish to find a new attorney or change your existing one, it’s best to seek referral from an attorney directory online.

Tags: attorney directory, estate attorney, Injury, lawyer, medical malpractice, personal injury, Wrongful death
Posted in Injury, Wrongful death | No Comments »

Detailed Documentation is Essential in a Personal Injury

Tuesday, April 28th, 2009

A lot of people involved in an accident don’t seek prompt medical attention. As a result, they fail to document the result of the accident and how it occurred. So when it’s time for them to file the insurance claim, they don’t have proof of evidence to support it.

Lawyers recommend that you proceed to an emergency room or hospital and see a doctor right away after an accident. Don’t just go home even if there are no physical injuries in your body. If the test results turn out that you’re not seriously hurt, then that’s great. However, if there is an underlying serious injury, then you’ll be treated right away. Also, this fact will be documented by the attending emergency room doctor.

Also, don’t just rely on the police to get all the necessary information. You need to write down names, phone numbers, and addresses of the witnesses during your injury. These people can help testify and support your version of the story.

Then, write an incident report detailing what happened and how the injury affected you – how you feel, your time loss from work, and other costs associated with your sustained injuries. This kind of documentation will not just help you remember the facts clearly, but more importantly, it can be a major tool to recover due damages from the insurance company of the other party.

Tags: accident, documentation, incident report, Injury, lawyers, personal injury
Posted in Injury, Personal Injury | No Comments »

Traumatic Brain Injury Lawsuit Process involving a Child

Monday, April 27th, 2009

Generally, when a child is involved in a traumatic brain injury lawsuit, your lawyer will coordinate with the insurer of the person responsible for the injury. The main objective would be to demand money. However, insurers rarely agree to demands like this. Therefore, a lawsuit will definitely be filed.

Since the child is a minor, the lawsuit will be filed under an adult who can stand as the representative or guardian. This is usually a parent or relative taking care of the child.

Every case is unique. However, most cases will follow these stages of the lawsuit process:

• Discovery stage

Opposing parties usually collect information such as the child’s medical records or the parent’s financial records. Your personal injury lawyer may hire different medical experts (mostly doctors) to examine your child.

• Deposition stage

This is the part when interrogatories or written questions are exchanged. The person responsible for the injury, the parents, and the witnesses may be questioned in person by both sides. The person being questioned needs to take an oath and tell the truth while a court reporter records every word being said.

• Settlement stage

During the Independent Medical Examination (IME) of the child, a video will be shot to show the injury effects. At this stage, a settlement will usually occur. If it does not, both parties will proceed to trial.

So if your child suffered an accident resulting to injuries, it would be best to seek help from a personal injury lawyer right away. This will ensure that your rights to recovery, if any, are preserved.

Tags: deposition, discovery, IME, lawyer, personal injury lawyer, settlement, traumatic brain injury lawsuit
Posted in Injury | No Comments »