Personal Injury Law Blogs

Toy Recalls: Have you Checked your Child’s Gifts?

Every year there are at least 10,000 units impacted by toy recalls, and this can cause massive issues if you are not careful. According to the Consumer Product Safety Commission (CPSC), only 34 toys were recalled in 2011, but this still caused well over 10,000 units to be considered unsafe. Although stores are supposed to stay up to date on the latest recalls, there is always the possibility that a human error will cause a recalled toy to remain on the shelf. It is also important to consider that discount retailers might not be as vigilant as standard retail establishments.

How can I keep My Child Safe?

Instead of simply relying on stores to inform you about any applicable toy recalls, you should take the time to review the toy recall list on the CPSC website on a regular basis. This becomes especially important around the holidays and your child’s birthday because a lot of people will make their purchases a month or more in advance, and this might cause them to give your child a gift that has been recalled in the interim. After researching cases from a Reading injury attorney in Pennsylvania, it became apparent that you should also remain aware of the toy recall list so that you do not inadvertently purchase an unsafe toy from a second-hand shop or a garage sale.

Dealing with a Recalled Toy

If your child receives a toy that has been recalled, you should follow the directions that are listed on the CPSC’s website. Keep in mind that not all recalls are handled in the same manner, so you should check the instructions that are listed on that toy’s specific recall page. If a lot of time has passed, however, you might find yourself dealing with an uncooperative store. In this instance, you should contact the manufacturer directly and inform them about the issue. If no one is willing to help you, you can contact the CPSC to let them know that you are being denied the opportunity to return a recalled toy.

What should I do if My Child is Injured by a Toy?

If your child receives an injury from a toy, it is always in your best interests to contact the manufacturer, the store where the toy was purchased and the CPSC. It is also a good idea to contact an attorney, especially if you encounter difficulty with the toy’s manufacturer or if your child’s injury is serious. There are attorneys available who specialize in product liability lawsuits, and they will be well prepared to handle your case.

Proving Liability

It will be necessary for you to prove that the manufacturer is liable for your child’s injury. Because of this, you should keep the toy in a safe place until you have your day in court. By providing the faulty toy for the court along with a statement from your doctor, you should be able to prove that the toy was responsible for your child’s injury. This will be a much easier process if the toy is recalled before your court case begins, but even if it is not, your lawyer should be able to help you convince the judge or jury that the toy is dangerous.

Even if you buy the toy after a toy recall has been issued, you still might be able to file a successful lawsuit. However, keep in mind that it is your responsibility as both a parent and a consumer to keep an eye on product recall lists.

Shelby Warden is a legal researcher that pays particular attention to laws that protect children. The Pennsylvania Reading injury attorney group of McMahon, McMahon & Lentz has successfully represented seriously injured clients in thousands of claims. If your child is injured because of a toy, they will help you recover the full compensation you deserve.

How Long Can You Get Worker’s Comp For?

(US law) Worker’s compensation is designed to protect both employees and employers.  When an employee is injured during the course of doing their duties, they can file a worker’s compensation claim to receive payment for lost wages, for medical expenses associated with treating the injury, and for partial or total disability if the worker is not able to return to work.  By accepting the benefits payment, the employee is signing away their right to sue their employer for pain and suffering and other damages in civil court.

While you will start to receive your benefits after the insurer investigates your claim, you may be wondering how long you can collect benefits for any part of your claim.  Read on and find out how long you can collect benefits and what you can do if you feel like the time you are given for compensation is not fair.

How Long Can You Receive Benefits For Lost Wages?

One of the main benefits of worker’s compensation is that you can receive compensation for lost time at work.  While you will not receive all of your wages, you will receive a percentage of your after tax dollars (typically 80 percent).  The total amount of time that you can receive compensation for your lost wages will vary from state to state.  You must still be incapacitated and receiving treatment to continue collecting lost wages benefits.

If you are totally incapacitated, you may receive benefits for as long as you are unable to work but the benefits can be reduced after a specified time.  Temporary Total Disability benefits are paid to you up to the point that you are able to return to work if the doctor feels like you will, at some point, be able to return to work.

What if You Are Permanently Disabled or You Will Never Be Able to do your Normal Duties?

If you have a Permanent Partial Disability, it may affect your ability to find a new job in a new field.  Typically, the insurer will try to settle your claim and give you a lump sum payment for loss of use or loss of a limb.  In this case, you will need to decide what is right for you so that you can continue to live your life and enter a new field.

How Long Can You Receive Compensation for Your Medical Bills?

While there is typically a time limit on how long you can receive compensation for lost wages, you can receive compensation for your medical bills for as long as you are receiving treatment.  Medical and rehabilitation benefits are paid for life as long as there is no lapse in treatment and all of the treatment is necessary.  If you stop treatment and the injury starts to bother you again, you can request that the insurer reopen the claim if you still have time within the statute of limitations in your state.  You also have the option to settle for future medical care if the insurer is offering a settlement.

Worker’s compensation time limits and statutes of limitations vary from state to state.  If you feel like you have not been given a fair amount of time to recover, you have the right to contact the worker’s compensation board in your state or hire a worker’s compensation lawyer to fight for you.  Make sure you get the benefits that you are entitled to, do your best to recover from your injuries, and rebuild your life even after your injuries.

Common Misconceptions after an Accident

Nobody expects or anticipates being in an accident, and it can be very disillusioning. Knowing what to do following a car collision or work-related injury is very important, as many people hold on to common misconceptions that can cost them a lot. This is especially true with the recurrence of whiplash following an accident.

Whiplash is one of the most regularly experienced injuries following a car accident. However, if you do not understand what exactly it is, it can be difficult to get proper treatment and know what to tell your insurance company. Many accident claims and court cases are skewed by the subject of whiplash – was she injured at the accident? Did he fabricate it later on to receive money? These are some of the questions commonly asked. First know that whiplash is common and even if it’s been dramatized at times, it is still an important medical issue. This injury takes place when the neck tissues become overstretched.

You may experience neck pain or stiffness, headaches, blurred vision, back or arm pain and sleeplessness if you’ve experienced whiplash. So what are some misconceptions about something that seems so straight forward? Some believe that whiplash can only affect the neck. While this is common, you can also incur injuries in your back and spine. Others believe whiplash is so minor, there’s no need to seek medical attention. If you feel even the slightest amount of pain or discomfort following a collision, it’s important to go to the hospital and be checked out. This will keep things less complicated legally if you feel pain a few days later, and will also ensure your safety. Still more people believe whiplash can only happen in a car.

You can actually also experience it from playing contact sports, being the victim of an assault of even falling down stairs. Accident care is of the essence after a car accident (or any other physical trauma), so don’t delay in receiving it. It is often covered by insurance and can help you both legally and personally. If you’re unsure or nervous about what to do following an accident, contact an attorney. Many offer free consultations and treat both you and the other party involved fairly. In fact, an attorney’s advice can be truly invaluable when it comes to accident injury. They are free of the misconceptions described above as well as other false assumptions you could have. A quality accident attorney will help you clear up these confusions and get you the help and reward you deserve. Don’t delay in contacting a professional – or even asking the police officer at the scene – for advice and assistance. The hospital team you interact with may also be able to provide you with great advice.

Erica Ronchetti is a freelance writer who notoriously bad driver who understands the importance of having a quality injury attorney on your side. In Clearwater, personal injury attorney Roman & Roman is the ideal contact when you’ve found yourself injured in a recent accident. Consult your injury cases today with a trusted personal injury attorney Tampa.

Personal injury lawyers advice in Toronto

Have you ever been injured in a car accident and faced the issues relating to personal claims settlement? Really, you find it very difficult without some basic legal advice. The role of legal services is vital in this context, providing the clients with necessary legal expertise to defend their rights in the situation. Depending on severity of issues and practices followed by authorities, you will be offered with an extensive range of services to make your personal injury claims.

Legal service providing companies prove to be of great help in such circumstances, when you find it difficult to hire a lawyer. Professional consulting and support is offered to finalize the issues associated with insurance. Thorough analysis of pains and suffering is made to claim the appropriate amount as compensation. Definitely, some basic assistance is needed to know expenses that are rationally justifiable in the case. Medical expenses, loss of wages, pain and suffering are some of the things that you can claim for. It’s not difficult to seek personal injury lawyers’ advice; contact injury lawyers and readily avail the required professional support to settle down your claims in the best possible way. Here is how you can plan wisely and get maximum benefits with minimum costs. Initial consultation and service support make you aware of the different rights and claims that you are eligible for. Necessarily you may not need to pay, if you go for free professional consulting services offered by websites. All you have to do is some initial research about the legal issues and documentation required to present your claim with justifiable expenses and proofs. In case you hire a personal injury lawyer, he/she will represent the case on your behalf and would be accounted for providing you with the best possible health solutions and compensation that you deserve for.

Undoubtedly, hiring a professional lawyer reduces your tensions and offers you with the required legal expertise to deal with litigation. Specialized service support is vital to calculate the exact property losses and find out compensation under the circumstances, the things took place.

About the Author:  I am a personal injury lawyer, offering excellent legal services to settle down the claims relating to motor vehicle accidents, life insurance and disability matters. In addition, I offer a professional practitioner assistance to help the clients deal with product liability and property losses.

The Evolution and Application of the Law on Fraud

In what is fast becoming a more internet-centric world, certain crimes have migrated to cyberspace. Fraud is certainly no exception. This article takes a look at fraudulent activities both on the internet and in the corporate world.

The Law

In law, the definition of fraud varies depending on the jurisdiction, though it can be described as an intentional deception that is carried out in order to receive a personal gain or to damage another person or thing. This gain is often of a monetary nature. It is usually defined as a white-collar crime, understood as being a crime that is financially motivated and non-violent. Though fraud and other white-collar crimes are not always considered to be as serious as violent crimes, at least not by the general public, the law takes a dim view of criminal activities that are financially motivated. Sentencing therefore tends to be heavy.

Online Crime

The most common frauds on the internet are relatively small in scale but large in scope, targeting individuals but affecting potentially millions of people. Most fraudsters aim to obtain personal information (passwords, online banking information, card details, etc.) from people with the intention of making fraudulent purchases or carrying out some other fraudulent crime.

So-called ‘phishing’ is one of the main methods of gaining this information. This entails putting together a message or e-mail purporting to be from the target’s bank or PayPal account, for instance, to prompt them to enter personal information that can then be stolen and misused.

In 2010, the Serious Organised Crime Agency (SOCA) in the UK estimated that online fraud is worth around  3.5 billion a year.

Corporate Fraud

Fraud does not only affect individuals. The recent scandal of the fiddling of Libor (London Interbank Offered Rate) was one such example, with perhaps the most famous recent case being that of purported financier and stockbroker, Bernie Madoff.

Madoff ran what appeared to be a successful investment house, which was in fact hiding a Ponzi Scheme that brought about the largest financial fraud in US history. The scheme was estimated to be worth $65 billion, though the courts finally settled on a figure of $18 billion. It just shows that fraud can flourish at all levels and can cause frankly astonishing damage.

Tax

Another area that attracts a lot of media attention is tax evasion, which is not to be confused with tax avoidance. The latter utilises legal techniques to minimise the tax burden for companies and individuals. However, fraudulent techniques can also be utilised to avoid certain VAT and tax liabilities, not to mention put into use to facilitate money laundering through sometimes unwitting businesses.

Top to Bottom

In short, serious fraud is a crime that has always existed, but which has mutated and adapted to the new online world. New methods have been devised in order to set up those deceptions that lead to the gains being made, which means that lawyers and other legal professionals dealing with this area need to keep up to speed with developments that can change from day to day.

AUTHOR BIO
Maria  lives in London and blogs on various financial topics, including tax evasion, serious fraud and white-collar crime.

Reasons of Hiring Personal Injury Solicitors from a Common Man’s Angle of Understanding

Living off the edge is the new definition of life in the modern times. When the speed is fast, risks mount higher and so do the impacts of mishaps. But, things take a nasty turn when you stand at the receiving end of someone’s depraved conduct. However, immorality does not always have to be out of intention, but can also be out of sheer negligence. If you not paying close attention, you can miss out on a lot of important things that can give your life an entirely different turn that you didn’t plan. Personal injury solicitors are the friends that money can buy if you are strapped by a faultless accident.

However, when the time or need arrives to hire a solicitor, people take a rather thoughtless stance thinking of the capricious ways in which the legal system of the nation works. Claim makers usually think in two ways, one in which they think that can win a case by themselves, and another in which they think that expending on a lawyer is mindless as deserved compensation is anyways irrecoverable. Turning these two trains of thoughts into a new direction, personal injury lawyers have established their importance in a case through their taint-free track records. If you are not familiar with the credentials of a personal injury solicitor, then go ahead and learn more about them online.

Generally speaking, these lawyers are on a winning streak with most of them brandishing a good amount of success in their career. Though skepticism prevails around the generally high success of these lawyers, things are quite clear, if looked at from the most obvious angle. Claim cases are one of the most favored cases that are presented in the civil courts of the UK. In a bid to make sure that the duty of care is least breached and that the city liberties are not illegally taken away from individuals, the legal rules pertaining to Tort law is quite resilient to the victims. However, this does not necessarily guarantee a favorable result for all cases. It is only the personal injury solicitors who about these pointers and keep the case going in sync with the parameters.

As a common man who has not much to do with law, it is highly unwise to venture into anything as claim making with one of these professionals. Their legal fees might worry you, but their involvement manifolds the winning chances. Hire a personal injury solicitor today to claim your right with a winning likeliness.

Are you on a look-out for potential personal injury solicitor who has an impressive track record? Visit our site to make contacts with some of the most adroit personal injury solicitors to appoint for your case.

Injury Lawsuits Against Hair Loss Drug Manufacturer Persist

Hundreds of men throughout the United States have filed lawsuits to seek justice for their injuries from using the popular hair loss drug Propecia. These men who trusted Propecia’s manufacturer Merck, assumed that the hair loss drug was safe, and that Merck had appropriately disclosed all of the side effects connected with the drug’s use. Unfortunately, this has not been the case.

Since there has been a large amount of lawsuit filings, and because of the anticipated increase in Propecia lawsuits, a Propecia MDL (“Multidistrict Litigation”) has been established in the Eastern District of New York to collect and process all Propecia lawsuits filed across the nation.

Propecia’s Harmful Side Effects

The FDA approved Propecia (finasteride 1 mg) for male pattern hair loss. Since it has been introduced to the market in the late 1990’s, thousands of men have used the hair loss drug with the presumption of growing back or at least maintaining their hairline. However, recent studies have shown that Propecia has been correlated with impotence, erectile dysfunction, loss of libido, lowered semen output, testicular pain, and orgasm disorders, even after discontinuation of the drug.

Unfortunately, for the men who tried this medicine for hair loss, Merck only warned that Propecia may cause temporary sexual side effects while using the drug, but failed to disclose the fact that these side effects could be permanent for some men after stopping use. In fact, the company assuredly stated the complete opposite: that all sexual side effects “went away” in all men who used the drug:

A small number of men experienced certain sexual side effects. These men reported one or more of the following: less desire for sex; difficulty in achieving an erection; and, a decrease in the amount of semen. Each of these side effects occurred in less than 2% of men. These side effects went away in men who stopped taking PROPECIA. They also disappeared in most men who continued taking PROPECIA.

In 2012, as a result of men suffering persistent and harmful sexual side effects, the FDA required Merck to modify Propecia’s labeling “libido disorders, ejaculation disorders, and orgasm disorders that continued after discontinuation of the drug,” as well as incidents of male infertility and poor semen quality.

If the sexual side effects were not alarming enough for this cosmetic drug, recent studies have demonstrated that the Finasteride in Propecia can cause other serious and harmful side effects. Men who have used Propecia for hair loss have been shown to have an increased likelihood of oppressing issues of anxiety, depression, and thoughts of suicide. Moreover, Propecia has been linked to problems with clouding of consciousness, impaired cognitive ability and loss of memory. In addition to that and even more disheartening, Propecia may cause penile deformity (including Peyronie’s disease) and a version of high grade cancer of the prostate.

The Basis For Filing A Propecia Lawsuit

Male pattern balding and hair loss occurrs naturally, it is cosmetic and not a disease. In many instances, hair loss can be troublesome for the men experiencing it and many men have said “I never would have taken this drug if I knew I could be permanently injured…my hair is definitely not worth this.” These men were denied an informed choice about using Propecia.

Because of the undisclosed, harmful side effects, many men across the country have subsequently filed a Propecia lawsuit against Merck for permanent injuries that they now face. These men used Merck’s “miracle” hair loss drug to combat their thinning hair; they trusted that the pill was safe and trusted Merck that the side effects would “go away” if they tried and stopped taking Propecia. For hundreds, and possibly thousands of men, these severe side effects have not “gone away.” Consequently, the number of filed Propecia lawsuits are now at an all time high for men seeking justice for their injuries.

For more information on determining if you may have been permanently injured by Propecia and if you may in fact have a Propecia lawsuit visit www.propecialawsuits.com.

Understanding GranuFlo and Its Dangers

(US Law) GranuFlo is a medical product known as a dry acid concentrate that has often been used in various kidney dialysis procedures. When a person’s kidneys begin to fail, some form of dialysis is necessary, and GranuFlo has been used in many different patients. Products like GranuFlo are used to extract dangerous acids and substances from a person’s bloodstream, work that would normally be done by functioning kidneys. Typically, GranuFlo, a dialysate, neutralizes acids that are in a person’s blood, and produces bicarbonates. But researchers are now suggesting that GranuFlo has too much of the neutralizing ingredient, which has led to some very serious physical conditions because of the development of too much bicarbonates in the blood.

While GranuFlo has helped some patients with dialysis procedures, it has also recently been linked to extremely serious heart problems. Last year, the Food and Drug Administration (FDA) even issued a Class 1 recall of GranuFlo because of the dangers it poses for patients who used it. You can learn more about the FDA’s recall here.

GranuFlo is associated with various dangerous heart problems and conditions. Many people have reported side effects of GranuFlo that range from minor to severe, and even life-threatening at times. Several of the most common side effects that GranuFlo has been linked to by numerous patients include:

  • Stroke
  • Heart Attack
  • Cardiac Arrest
  • Cardiac Arrhythmias
  • Other Heart Problems

Each of these potential side effects of GranuFlo can, of course, be threatening to a person’s well-being, and might result in lasting damage to that person’s health. These are the kinds of conditions that, if left untreated or if not treated quickly enough, can easily lead to a fatality. Sadly, although the FDA did issue a recall of this drug, the warning of GranuFlo’s dangers came too late for far too many patients who already suffered from its effects. Fortunately, some who have been negatively affected by GranuFlo have been able to file a GranuFlo lawsuit to pursue financial compensation for their suffering.

Sandy’s aftermath – Can all damages be rightly claimed?

The fierce Hurricane Sandy has left thousands of people in heavily damaged homes, without power, heat or hot water. Many of Sandy’s victims are still suffering, and living conditions are harsh for tens of thousands of people who have still been unable to return to their homes.

Hurricane Sandy destroyed the east coast and left New Jersey coastal towns, New York City and plenty of other locations with billions of dollars worth of damages. Teams are working night and day — ordering home inspections, helping people get meals, water and gas for generators.

With cases of flooding, structural damage, power outages and more, the clean-up process for Sandy is certain to be extended and costly. In a situation like this, many homeowners’ insurance policies are pretty clever and do not cover the cost caused from flooding. In order for flood claims to be paid, a consumer must have already purchased a flood policy prior to the arrival of Hurricane Sandy.

Many victims may have to sue their insurance companies to get full coverage for weather related damages. In context of the present bad economy, most Americans probably cannot afford the services of an experienced lawyer.

In a situation like this, it is best for victims to get free legal advice and take advantage from pro bono legal services available online. These services have a staff of renowned lawyers and paralegals that will assist you in getting your required claim for damage caused as a result of Sandy.

Let’s hope the US law can get all damages caused as a result of the ferocious Sandy rightly claimed for ones who deserve the most…

Dog Sitter Can Sue for Dog Bite Injury, Court Decides

Trenton, New Jersey—A state appellate court in New Jersey has ruled that a woman who was paid to watch a dog can sue the animal’s owners for a bite injury she sustained, according to Fox New York News. Normally, an owner can be sued for a dog bite; however, an earlier court ruling had barred the woman’s suit based on the fact that the dog was not known to be dangerous. Victims of dog bites are often forced to hire a dog bite attorney to help them recover damages.

Facts of the Case

The woman, who resides in Bergen County, had agreed to watch her neighbor’s dog, a golden retriever, while the family was on vacation. In return, the owner agreed to pay the woman $300. She took the dog to her home and the animal reportedly bit her when she reached to pick up a napkin.

The woman sued the family in Superior Court for the damages she received as a result of the dog bite. However, the court ruled that the woman was not entitled to collect damages unless she could reasonably prove that the animal was known to be prone to biting or attacks.

However, the appellate court disagreed with the Superior Court judge’s ruling. The appellate court based its decision on the fact that the woman should have been treated as an independent contractor performing a job for the couple. It was established that the woman earned money by pet-sitting, and the appellate court ruled that this changed the circumstances under which the dog bite would be treated.

Liability Issues with Dog Bites

Every state applies its own rules about dog bites. In some states, there is a “one bite” rule. This essentially means that the first time a dog bites, the owner is not liable for damages because the owner must have knowledge that the dog was vicious. Any subsequent bites can result in a lawsuit against the owner for damages.

In California, however, owners are responsible for their animals no matter how many times they may or may not have bitten. The first time a dog bites and causes injury in our state, the owner can be held liable for damages.

What To Do If You Are Bitten By A Dog

Dog bites are a special type of personal injury because they involve not only physical trauma but health risks. Dogs carry a number of diseases, and an owner who fails to have his or her animal vaccinated can unwitting cause death or serious medical problems for a victim who is bitten by the dog at a later time.

If you are bitten by a dog, the first thing to do is to seek immediately medical attention. Even if the bite looks slight or is not very painful, it is important for you to have the wound cleansed and begin a course of treatment in case of any infectious diseases that may be present.

Next, gather your medical records and visit a personal injury lawyer who handles dog bite cases for advice on how to recover damages for your injuries.