Personal Injury Law Blogs

Slip and Fall Injury Cases

Millions are injured due to slip and fall accidents. There are several reasons of this accident, including dangerous floors, rough or slippery patches on the ground, and engineering mistakes associated with stairs. With millions of personal injury cases happening, the question of the law is who should take the blame and responsibility. It can be that the property owner is responsible but it depends on the judgment of the court.

When these things happen, it is very important to find a good personal injury lawyer to argue the case. Of course, the lawyer needs to show who must have liability over the injury. In context, the battle of personal injury is on the claim of damages.

Personal injury cases involving slip and fall are very tricky. Why? The court does not have any rule on how to decide the matter, but the court uses common sense to determine if a reasonable person should have known the problem and have it repaired, or not.

The biggest core of the slip and fall accident cases is the ‘reasonableness’ of a property owner. In this principle, the law provides proper consideration on the exhausted effort of a property owner to resolve uneven surfaces, torn floors, or slippery patches. For the sake of illustration, what if you fall on an uncovered drainage, which has been left unmaintained for a long time? Does the property owner have enough reasonableness not to be held liable? Well, is it really reasonable for a property owner not to notice the uncovered drainage or has the property owner exhausted all efforts to have the drainage covered? It is necessary to understand the value of effort and determination in understanding the common sense of ‘reasonableness’.

With the aid of the personal injury lawyer, it is very important to test the amount of your own carelessness which can contribute to a slip and fall accident. The valuation of comparative negligence is testing what you did or where were you going when the accident happens. For one, it is necessary to prove that you did what a careful person should have done to avoid the accident, but still the situation happened. In the personal injury claim, the insurance company may also raise several questions to provide common sense and background of the claim.

Medical Malpractice Introduction

Recent statistics show that the medical industry causes 44,000 to 88,000 deaths, and 1.5 million personal injuries. Medical malpractice is a common event occurring in most clinics, hospitals and other medical institutions involving medical practitioners. The situation happens as a result of negligence or carelessness on the side of the medical practitioner. Medical malpractice is not limited to events causing deaths, but it also involves mistakes in prescribing medicine, failure to evaluate the medical record prior to medical treatment, and the ignorance of the medical practitioner to administer proper healthcare.

In healthcare settings, even if two patients have the same illness or health disorder, it does not mean that the same medical care or treatment is applicable because of the axiom that each patient is unique, so does the treatment. When the doctor or medical practitioner does not follow the standard or regulation on how to treat patients, by which medical practitioners are sanctioned to follow, medical malpractice occurs, even without the evidence of death or personal injury. Due to the guidelines of medical professionals and the underlying premise of medical malpractice, it is very important for doctors to check the patient prior to prescribing medicines or administering any treatment.

Medical malpractice is not confined to doctors only, but also to medical professionals. Anybody who administers and provides healthcare can commit medical malpractice. Clinical psychologist, nurses, or healthcare assistants may fail to exercise the right medical procedures in handling illnesses of patients. Of course, the mistake or negligence of the medical practitioner or professional may not occur at once. It may be that the patient suffers terrible pain and health decline before succumbing to death.

A medical malpractice or personal injury lawyer can help families or any direct beneficiaries of the patient, who died due to medical malpractice, to file a claim over damages on the premature demise of the person.

For purposes of understanding medical malpractice, it is necessary to determine if medical responsibility and duty were required. A medical practitioner must have direct duty to provide necessary care to the patient or victim of malpractice. In the same manner, the medical malpractice or personal injury lawyer needs to prove the standard or quality of healthcare expected. For instance, a person who is under the Intensive Care Unit of a hospital must receive highest standard of care from medical providers. At the event medical practitioners failed to provide the expected standard of care, malpractice happens because of the imminent danger and risk that medical professionals failed to acknowledge.

A preponderance of evidence must prove the medical malpractice happens due to the breach of duty. When a medical practitioner is expected to provide the necessary care to a patient and the practitioner fails to provide such care, medical malpractice happens due to breach of duty. It can be that breach of duty happens through omission. The failure to check the patient’s medical records is a form of breach of duty.

In context, medical malpractice demands necessary evidence and proof to expound the matter. Damages are to be awarded to families of the patient, who are injured or have died due to medical malpractice.

Childrens Toys With Magnets: Accidents Waiting To Happen

Although they might not seem dangerous when they are fully operational, any toys that contain magnets have the potential to lead to very serious and perhaps even deadly consequences. According to the Consumer Product Safety Commission (CPSC), it is important for parents to keep a close eye on any toys that contain magnets. If the toy becomes damaged in a way that could allow the magnet to fall out, it is best to either repair the toy or throw it away.

What is the Problem with Magnets?

The CPSC has reported multiple issues with children ingesting magnets. The biggest issue occurs when a child ingests two or more magnets at the same time. Consider for a moment what two magnets do when you place them together, and imagine what that can do to the inside of your child’s stomach. If the two magnets are able to attract each other, they can cause blood poisoning, intestinal twisting, a blockage, perforations or even death. Due to these potentially serious issues, the CPSC has urged parents to be extremely vigilant when dealing with toys that contain magnets.

Why are Magnets Used in Toys?

According to our Reading personal injury attorney, even though toy makers, parents and the CPSC are aware of the potential danger of letting children play with toys that contain magnets there has been no big push to get them removed from the marketplace. There are several toys that rely on magnets in order to work, including construction toys that allow children to snap various pieces together. Magnets are also the main feature of several popular alphabet learning toys. Because the likelihood of a child ingesting not just one magnet but two is very minimal, most people are not overly concerned. It is okay to let your child use toys that contain magnets as long as you are committed to supervising their actions with those toys.

What can I do if My Child Ingests Magnets?

The first thing that you need to do is take them to the emergency room. It is imperative for them to receive medical treatment immediately. The longer you wait, the greater the odds are that they will end up dealing with the serious or even deadly consequences of having multiple magnets in their stomach. A lot of parents believe that their child will simply pass anything small that they accidentally ingest, but when it comes to magnets, it is important not to take any chances.

You can definitely file a lawsuit against the toy manufacturer if your child becomes ill or dies from ingesting magnets. In order to have a good chance of winning, though, you must hold onto the toy. It will be important to be able to demonstrate that the toy did not perform as expected. In other words, if a magnet was sewn inside a toy and it fell out, it will be necessary to show the seam that came apart. If a judge or jury can see that the toy fell apart quickly from normal play, they will be much more likely to side with you. It is important to note, however, that the warning that the CPSC issued might actually work against you instead of helping your case. After all, the warning clearly states that all parents should be cautious about letting their children use toys that contain magnets, and it is possible that you will lose your case if your five-year-old was using a toy meant for children over the age of 10.

 
Anthony Joseph is a freelance author, and a contributing writer for McMahon, McMahon & Lentz. If you’re in need of a Reading personal injury attorney, this firm has the skills and experience it takes to win the case. Many personal injury cases settle before going to trial. These settlements are usually achieved through pretrial negotiations. In cases where no settlement is reached the case will proceed to trial.

Brain Injuries: Understanding Diffuse Axonal Injury (DAI)

Traumatic brain injuries are never an easy thing to deal with, both for the person who suffers such an injury and their loved ones. Even more difficult, however, is brain trauma that results in a diffuse axonal injury, or DAI. People who suffer a diffuse axonal injury may face special challenges that others will not, and some of the consequences can be lifelong.

Our brain injury attorneys tell us that DAI is one of the most common types of brain injuries. A diffuse axonal injury is considered to be a traumatic brain injury, meaning that the injury occurs in a large area of the brain. A DAI often results in lesions forming within the white matter of the brain, and these lesions can range in size from one millimeter to 15 millimeters in diameter. Once these lesions form and grow, the brain is unable to send the correct neural signals, resulting in improper brain function and coma.

What Causes DAI?

While some brain injuries are caused by a direct impact to the head, DAI is actually caused by extreme acceleration or deceleration. People with DAIs typically get them from vehicle accidents, and DAIs are one of the main components in shaken baby syndrome. When the brain is exposed to extreme shifts in acceleration or deceleration, neural processes known as axons can be disrupted. When this happens, the white matter in the brain that is made up of tracts of axons can be damaged by other tissue sliding over it.

The Symptoms of Diffuse Axonal Injuries

People who suffer from a DAI may experience unconsciousness or coma. In many cases, a persistent vegetative state will develop, and the injured person will be confined to a bed for life. When a DAI is first experienced, the injured individual may show no immediate signs or symptoms, and many will show up normal on a CT scan. Over time, however, as lesions form, the effects of a DAI will become more apparent, both in symptoms and through CT scans.

What is the Prognosis for Sufferers?

As mentioned, most people who experience a DAI will slip into a coma or exist in a persistent vegetative state. Unfortunately, few treatment options exist, and the ones that are available, such as calcium influx therapy, are not very effective. In the vast majority of cases, even those with mild DAIs will require lifelong care at home or in a nursing facility. Individuals who have suffered severe DAIs will more often than not, be confined to a hospital bed in an unconscious state.

If you have a loved one who has been affected by a DAI, you probably already know the difficulties you both face. What you may not know, however, is that you may be able to seek relief in court for the injuries your loved one has sustained. A brain injury lawyer may be able to help you and your loved one get compensation to help cover costs associated with the long-term care your loved one needs, as long as the injury occurred in an accident.

Kelly Kovacic is a paralegal and contributing author for the brain injury attorneys at Steinger, Iscoe & Greene in South Florida, who have handled hundreds of brain injury cases. Even if you are not the type of person to sue, if your loved one has suffered from a DAI, you may be entitled to recoup the costs of their long term care. Diffuse axonal injuries are one of the most common serious brain injuries and occur in almost half of all traumatic head injuries.

The Do and Don’t List of Personal Injury

Suffering a personal injury can be a very scary, uncertain, and overwhelming time. No one expects to be a victim of a personal injury, and therefore most people do not know the right and the wrong actions to take or not to take after experiencing such an injury. However, taking the right steps and avoiding the wrong ones can make a big difference when it comes to personal injury cases and fair compensation for pain, suffering and related medical bills.

Seek Medical Attention

The most important step to take after experiencing a personal injury is to seek medical attention. Even if the victim believes the injury is minor, or thinks that monitoring the injury for a few days might be beneficial before seeking medical care, it is important to get the injury examined by a doctor. The sooner someone’s injuries are examined by a doctor and documented the more believable to they are. For more serious injuries, starting treatment right away can lead to a better and quicker recovery.

Seek Representation

After your injuries have been stabilized, you will want to seek the representation of a qualified and experienced personal injury attorney. The attorney should schedule you for a consultation to determine whether or not you have a valid claim for a personal injury case. If so, the attorney and his or her team will begin to investigating the events that lead up to you suffering your personal injury. Securing a personal injury attorney will also allow them to speak to the insurance company or any other involved parties on behalf of the victim, making this time less stressful for the injury victim as they focus on recovering from their injuries.

Keep a Paper Trail

It is also important for the injured victim to keep track of medical bills, any payments made on those bills, and appointments. They should also document and take notes on doctor’s visits and even their mileage to those visits, as mileage can sometimes be reimbursable within the personal injury case. Victims who keep better documentation regarding their injuries and care are more likely to receive fair compensation.

Do Not Take Responsibility

After a personal injury occurs, it is very important that the victim not take personal responsibility for the accident. This can happen a lot after a car accident where it is unclear whose fault the accident is. If a victim jumps out of their car and apologizes to everyone for the accident, they are potentially damaging their personal injury case. Sometimes it is not until months later when the at-fault driver is discovered.

Do Not Talk to Anyone

Other than the victim’s own lawyer and medical providers, it is imperative a victim not discuss their case with anyone from their insurance company or the insurance company of other involved parties. Doing so can potentially damage a personal injury case. Should the victim receive a request for information from such insurance companies, they should politely direct them to their own attorney with any questions or clarifications. Personal injury victims also should not sign anything without first consulting their own attorney.

Be Careful of Social Media

Not only have potential employers become wise to using social media to their advantage for their hiring practices, insurance companies and lawyers have as well for their own reasons. Many personal injury lawyers these days recommend that their clients completely remove themselves for all social media such as Facebook and Twitter. Anything posted on these sites can potentially be used against personal injury victims to the advantage of the at-fault parties. If a victim chooses not to delete their personal social media accounts they need to be very careful of what they are posting on such sites.

Taking the right steps and avoiding the wrong steps after a personal injury occurs can be a little confusing. Once a victim contacts and hires a personal injury attorney, their attorney can direct them more in the direction of what to do and what not to do. Heading this advice will increase the chances of the victim getting the fair compensation they deserve.

This article was written by Ty Whitworth for the team at justcolleges.com; they can be of great assistance in making the move from college to the working world.

Leading Causes Of Brain Injuries

It is possible for someone to receive a brain injury without breaking the skin, bleeding or even showing any immediate signs of distress. Because of this, it is very important for anyone who has suffered any type of head trauma to seek medical attention. Children are especially susceptible to traumatic brain injuries (TBI), and they are often caused by a collision while playing sports. It is even possible for someone to suffer a TBI simply by having their head shaken.

Main Causes of Brain Injuries

According to our traumatic brain injury lawyer, in addition to sports, the main causes of brain injuries are falls, traffic accidents, being struck by something and assault. Although falls are the most common cause of a TBI, traffic accidents lead to the most fatalities. In fact, almost 32 percent of all TBI related fatalities occurred as a result of a car crash.

What exactly is a TBI?

A TBI can be caused by a wide range of things, including the main causes listed above, and the severity of it can also vary greatly. Some people who suffer a TBI will exhibit little to no symptoms, but others might showcase an extreme change in personality, memory loss, emotional issues and difficulty with both physical activity and speaking. If you or your child has suffered from any head injury, you should go to the ER or your primary care physician. A doctor will most likely run a wide range of tests to determine the severity of the injury. Depending on the initial results, an x-ray or MRI might be ordered.

Who is Responsible for My TBI?

If your TBI was caused by a traffic accident, assault or any other action that can be considered negligent, you will most likely be able to sue the individual responsible. For example, if you suffered a TBI because someone was driving while intoxicated and they crashed into your vehicle, they will almost certainly be found liable for your injuries by a jury or a judge. If you find yourself in this situation, you should contact a personal injury attorney.

Filing a Lawsuit

Because a TBI cannot be seen, it is common for people to claim that the person who has filed a lawsuit against them is faking their injury. To combat this problem, you should consider obtaining an expert medical witness to testify on your behalf. The doctor who diagnosed you should also make a statement, either in person or via a letter, to back up your claim. Make sure that you provide all applicable evidence to the court, including a copy of your medical records. If an MRI was performed or any x-rays were taken, you should obtain copies to present as evidence. An expert medical witness can help interpret all of these items for the court.

It is important to consider the long-term impact that the TBI will have on your life. In other words, if you have not already healed from your injury when you file a lawsuit, it is possible that you might never fully heal. Any life altering injury will be treated differently by a judge than something that you have already bounced back from, so it is vital to make sure that the judge or jury understands the full extent of your injuries. In either case, you should definitely seek reimbursement for your medical bills and lost wages. If you are now disabled, you should also ask for a settlement that includes the wages that you were anticipated to make throughout the rest of your life.

Anthony Joseph is a freelance author, and a contributing writer for traumatic brain injury lawyer Randy Sevenish. His firm knows from experience how to conduct a thorough investigation of each brain injury claim. They pursue every possible route to ensure that you and your family receive the compensation you deserve, including considering any liability from third parties such as manufacturers, employers, or hospitals.

Hospital Patients Are Dying From Preventable Blood Clots

Concerns have been raised about the number of people dying in hospital due to preventable blood clots.

The issue was first raised in 2005 when a report found some 25,000 people died annually as a result of a preventable clot. The problem was recently highlighted once again, this time by the Welsh Assembly’s health committee which has discovered 900 people in Wales died because of hospital acquired blood clots in 2010. This is more than the deaths due to breast cancer, MRSA and HIV combined. If this wasn’t worrying enough, experts have said the figure of 900 is likely to be an underestimate, as it can be difficult to recognise a blood clot as a cause of death.

The assembly’s health committee also discovered that nearly 70% of these deaths could have been avoided had the proper preventative measures been put in place. There are detailed guidelines written by the National Institute for Health and Clinical Excellence (NICE) which clearly state how a hospital acquired clot can be avoided. This involves assessing every patient who is admitted and administering blood thinning medication to those considered to be at risk.

However, assembly members on the health committed have said that doctors are “routinely ignoring” these guidelines. Committee chair Mark Drakeford AM also raised concerns “that assessment methods are not just inconsistent across local health boards in Wales but can be inconsistent across different departments within the same hospital.”

Patients Are Not Receiving “Appropriate Care”

Dr Simon Noble, medical director for Wales for Lifeblood: The Thrombosis Charity, emphasised how patients are not receiving the appropriate care: “Patients go in to hospital to be cured. They don’t go in to hospital and expect to pick up a life-threatening condition.”

But unfortunately it seems that this is exactly what is happening: patients go to hospital in order to receive treatment for an illness, but because of poor standards of care end up suffering a blood clot – something which can have serious (and sometimes fatal) results. This is all the more devastating by the knowledge that such as blood clot could have been avoided with very simple preventative measures.

If this has happened to you or your loved one, please do not suffer in silence. If you have been harmed because medical professionals failed to fulfil their duty of care to you, you will be entitled to financial redress. This means that you will be able to bring a claim against the NHS Trust responsible for your injuries and, if you are successful, will ensure you are properly compensated for your damages. To find out more, you need to speak to 1stClaims, medical negligence solicitors.

International Recall of 1 Million Toyota Prius

November 19, 2012—Los Angeles, California—Toyota has announced a recall of over one million Prius hybrids for defects in steering and water pumps, according to USA Today.  These recalls followed those of about 7.4 million cars worldwide one month prior for defective window switches that have the potential to catch fire and of 12 million cars for accelerator issues that caused some fatal crashes.

The problems with the most recent recalls include 670,000 older models of the Prius that have defective steering and 350,000 with water pump issues that cause stalling.  The steering problem is said to be related to a design issue by Toyota.  The cars covered by these recalls are all second-generation models built between 2003 and 2009.  So far, no injuries have been reported in connection with the issues that sparked the recalls.

How Do Recalls Affect a Company?

While recalls are embarrassing for a company, they are not necessarily a death blow. Companies that move quickly to fix problems related to their vehicles are generally considered to be more ethical than companies that try to hide their problems. On the other hand, in a technologically-advancing society, design issues are something that the public finds difficult to forgive and forget, especially if those design issues cause injury to innocent people.

How Do Recalls Affect Personal Injury Victims?

Whether there has been a recall of a particular model or not, a victim who has suffered injuries due to a defective product has the right to collect damages. Even if the victim did not have his or her car repaired under the recall prior to the accident, he or she may still be able to collect damages. This is because recall notices do not always reach everyone who has purchased a certain car, so some potential victims may not even know that there is a danger from their own vehicle.

How Can I Find Out About Recall Information?

When you purchase a product, whether it is a car, an appliance, or even a small tool, always take a few moments to register with the company using an email address or phone number that will remain current during your ownership of the product. This will ensure that you receive updates and news about your product in a timely manner.

An auto defects attorney can help you if you have been the victim of injuries resulting from a recalled product.

Making a personal injury claim for an accident at school

Every day when you drop your child off at school or nursery you are essentially putting their health and welfare in the hands of the teachers and other employees. However, accidents do sometimes happen and your child could sustain an injury through absolutely no fault of their own. Therefore it is important to understand the process for making a personal injury claim for an accident at school.

Accidents at school don’t cover the usual fall in the playground playing football that causes a child to have at worse a grazed knee. The sorts of accidents that you could claim for are those that could have been avoided but occurred due to the negligence of someone else. Such accidents include slipping on a wet floor that wasn’t properly signalled or burning a hand on a Bunsen burner because the proper equipment and/or direction were not provided.

What to do if your child has an accident at school

Although for the most part children go to school every day and come home without any issues, accidents at school are more common than you would think. Every year solicitors handle claims for a child who sustained an injury whilst at school due to the negligence of someone else.

There are countless different injuries that can occur in schools when you consider the amount of potential hazards around schools. Featured below are just a few of the types of accidents at school that have led to a successful injury claim in the past:

  • Slipping on a wet floor
  • Burning a hand in cooking class because the correct equipment wasn’t provided
  • Being injured by faulty equipment in the Technology department

These are just some of the common accidents that occur but there are a wide array of incidents that can lead to an accident at school claim. In essence, if your child has an accident at school due to the negligence of someone else, they could be able to make a personal injury claim.

Making a claim for an accident at school

You have three years in which to make an injury claim once the accident occurred or 3 years from when the injuries are made apparent. Furthermore, if your child is under the age of 18, you can make the claim on their behalf and any compensation awarded will be kept in escrow until they reach adulthood.

In order to make a claim, you need to be able to prove that someone else is at fault for the injuries sustained by your child. Therefore, it is essential that you gather as much evidence as possible to strengthen your claim and highlight the fault of the other party. A great way of doing this is by obtaining statements from anyone who witnessed the event as they will be able to confirm your version of events.

Once you feel that you are in a position to make a claim, you need to hire a personal injury solicitor to manage the case. They will then be able to initiate the claims process and put you on the road to receiving the compensation your child deserves.

Injury Claim Specialists is one of the UK’s leading personal injury advice websites. We pride ourselves on offering easy to understand, plain English injury claims advice on a wide range of different injury related topics. There are also a number of extremely useful tools such as the Compensation Calculator, which can give you a compensation estimate in less than a second, and the Injury Claims Guide is at hand to answer all of your personal injury related questions.

How much is your personal injury claim worth?

Guest post taking a look through the different types of personal injury claims and the compensation available.

In the UK, hundreds of thousands of accidents take place every year where people sustain injuries that were not their fault. If you or your family member have suffered from an accident or injury and were not to blame, you could be entitled to compensation.

To find out how much your personal injury claim is worth, you should get in contact with a personal injury solicitor. The legal team will be able to handle your claim, ensuring that you get the right level of compensation.

The settlement you achieve will usually depend on the severity of your personal injury. A claim involving paralysis, brain injury or sight is typically higher due to the dramatic effect that such injuries can have on the victim’s quality of life.

Of course, a personal injury can have various degrees of severity. Therefore, the compensation available will differ dramatically depending on its seriousness. For example, chest injuries can vary from total removal of a lung to fractured ribs. The more severe claims are likely to receive a higher level of compensation as the damage would have a significant impact on a person’s work and professional life.

Also, personal injury compensation can depend on individual circumstances. If you have suffered from a loss of earnings as a result of your accident, you are likely to receive a higher settlement. Also, medical treatment, care and services or post traumatic stress can influence your claim for damages. Meanwhile, age and gender can play a part in the process, affecting the amount of compensation you receive.

To find out more about how much your personal injury claim is worth, it is vital that you contact a personal injury solicitor. As your financial settlement is subject to a number of circumstances, they will be able to talk you through your claim, advise on the best course of action and provide legal and medical support so that you receive the right level of compensation.