Personal Injury Law Blogs

6 Bizarre Personal Injury Claims

People attempt to make personal injury claims everyday even when they do not know what qualifies for a case. If you or someone you know has had an accident within the last three years and you are not sure whether you are entitled to compensation, then contact injury advice lawyers to find out whether you have a case or not. The lawyers are professionally trained to deal with a variety of cases and they may be able to help you. Here are six bizarre cases for personal injury claims that show you that you you do not need a common case to be entitled to any money.

1. In 1994, Stella Liebeck sued McDonald’s because of a hot cup of coffee. She was in the passenger seat when she scolded herself; she managed to tip hot coffee over her lap and suffered third degree burns. She sued McDonald’s because there was no warning about how hot the coffee was.

2. A man in New York had planned to commit suicide by laying down on the subway tracks, but instead of this killing him, he was seriously hurt and had to be taken to hospital. He sued the New York Transit Authority and won his case; he was paid 650,000 Dollars.

3. Another man suffered injuries in a nightclub; this injury resulted in him having to use crutches. When he was walking through the park with his children, one of his crutches got stuck in a hole and this caused him to fall over and injure his other leg, so both of his legs were out of use.


4. A teacher managed to sue after he fell of a kid’s toilet in a primary school and fractured his hip. He claimed that this was not his fault because of how small the toilet was.

5. A teenager fell through the roof of a stranger’s house. The teenager had a case against the owner because the roof was not designed for a person to climb on to.

6. One man was loading products into the back of a lorry, but the driver did not realise this was happening. As he drove off, the man in the back fell out of the lorry with the driver still unaware of what was happening.

If you think you have a case, then it is essential for you to deal with it because it could leave you in a better position, for example, if you or a family member had an accident that left you in a condition to require medical treatment, then compensation could cover this; this is especially important if it has left you financially unstable. Whether you have already recovered from an injury or you are still in the recovery process, contact an injury advice lawyer, as they will be able to provide you with professional advice that can put you on the right track. No matter whether your case is as bizarre as the ones listed above or it is a serious case, make sure you contact a solicitor to guide you through the process of making a claim.

Dominic works at Injury Advice Lawyers where he advices people on what they can claim.

5 Steps to Take After a Car Accident

It is impossible to stress how much preparedness can impact the aftermath of a disaster.  Should the unthinkable occur at an unexpected moment, which it generally does, knowing in advance what you would do under such circumstances can make a huge difference in determining the outcome of events. Immediately after an accident, you could be quite shaken up or even in a state of shock. Having a printed checklist handy in your glove compartment can help you move through the process more smoothly, while protecting yourself from potential lawsuits or erroneous clams.  Here are 5 important steps to take in the aftermath of a car accident, according to Glen Lerner of Lerner and Rowe, a personal injury legal firm.

Cut the Ignition

Immediately after any car accident, the first thing to do is turn off your car. This may seem obvious right now; however, it is not the first thing you may think about after your vehicle collides with another vehicle or object.

Check Everyone for Injuries
Check yourself for injury before checking passengers in your car. Also, verify that nobody in the other vehicle or vehicles is injured. If anyone is injured, call 911. Use blankets and basic first aid to help any car crash victims, but do not move anyone who is unconscious or seriously injured, unless there are smoke and flames coming from the car.

Call the Police
Your best protection against inflated or erroneous claims by another party in the future is to have the police document the scene. When the damage to your car is going to cost more than your deductible, it’s very important to have a police report filed.

By calling the police, you will also have the other driver’s name, license plate and insurance information, which you will need when filing a claim. Having the police there will also remove the hassles involved with trying to get information from an uncooperative or inebriated driver. If the accident occurred on a turnpike or state highway, call the State Police.

Document EVERYTHING!
Use a digital camera, camera phone or disposable camera to photograph the scene. When possible, move cars involved in fender benders or minor accidents from busy roadways or intersections. Have emergency road flares on hand in your trunk to warn other drivers of the disabled cars. Although there will be a police report available later, you will still need information for your insurance company.

Exchange driver’s licenses and insurance cards with the other driver. Write down the name and address of the driver, insurance company name and the policy number. Also write down the names of the other car’s passengers. Also note the license plate information and state and make and model of the other driver’s car.

Make a note of the name of the police officer and badge number, as well as the location where you can retrieve a copy of the police report.

Call the Tow Truck
If your car needs to be towed, call a tow truck. Use the emergency roadside assistance service of your car insurance company, or another roadside assistance company. When you don’t have either, the police will help arrange a tow. Also make arrangements for you and your passengers to get home or continue to your destination.

Call Your Insurance Company

As soon as you are home or at work and settled in, call your insurance company to report the accident. Provide the insurance company with the information they need and make your own note of when you called, the agent’s name and a claim number if one is provided.

Florida Teen Found Guilty of Impersonating a Physician Assistant

On Thursday, August 30, a Florida jury found Matthew Scheidt, 18, guilty of practicing medicine without a license and impersonating a physician assistant.

Hospital-Issued Badge Identified Scheidt as Physician Assistant

In August 2011, Scheidt posed as a medical professional at the Osceola Regional Medical Center for more than a week. According to Scheidt, he was employed as a clerk at a doctor’s office located across the street from the hospital. As a clerk, he was required to carry a certain badge, which he could pick up at the hospital. He was mistakenly given a badge that identified him as a physician assistant rather than a clerk.

Scheidt was convicted of two counts of practicing medicine without a license and two counts of impersonating a physician assistant. Each count carries a sentence of up to five years in prison. Scheidt was convicted despite pleading not guilty to all of the charges. Sentencing is scheduled for November 14. Because he is a minor with no prior violent convictions, he may qualify for youthful-offender status and receive a more lenient sentence.

[Editor’s note – see also our notes on some of the top mesothelioma lawyers in Florida here and some of the Best Injury Lawyers in Jacksonville here  for more information on relevant attorneys you may want to consider.

Scheidt Treated ER Patients

Prosecutors argued that Schiedt wore scrubs, a stethoscope and lab coat while assisting in the hospital’s emergency room. He also wore the badge that improperly identified him as a physician assistant. Prosecution said that he helped conduct medical exams and changed patients’ bandages.

Scheidt treated patients in the emergency room for more than a week before hospital staff discovered that he was a fraud. He was able to use appropriate medical terminology through an app he had downloaded onto his smartphone. He is not accused of causing harm to any of the hospital’s patients.

Trial witnesses included several hospital employees who claimed that they were deceived by Scheidt. In trial testimony, Scheidt was accused of helping to restrain a psychiatric patient and holding the hand of a young patient during a minor surgical procedure. He also accessed confidential patient information.

After his arrest, Scheidt told authorities that he had performed CPR on a hospital patient because he was the only one around and did not want her to die.

According to defense attorneys, Scheidt never claimed to be a physician assistant. If anyone asked, he would say he was a student. His attorneys claimed that the hospital administrators were at fault for providing Scheidt with a badge without first confirming his credentials. They argued that the hospital wanted to shift the blame to the teenager in order to avoid liability for giving an unauthorized person access to patients and their confidential medical records.

Scheidt was arrested in September of 2011. He was released on bond before being arrested in January for impersonating a police officer in Miami Beach.

Faces Charges of Impersonating a Police Officer

In this case, he was driving a vehicle that resembled an undercover police car, complete with a computer on the dashboard. He was arrested after he pulled up next to an actual undercover police car. The undercover officer observed Scheidt to be acting as an officer and using police jargon. The officer reported that Scheidt twice answered “Yes” when asked if he was a police officer.

Scheidt still faces trial on these charges.

About the author:-  Aaron Gormley is fascinated by issues related to medicine and healthcare, which is why he has considered pursuing an education on the site: http://www.medicalcodingandbillingcertification.net/.

Family Files Wrongful Death Lawsuit after Teenage Son Swept to Sea

Michael and Marianne Madoff have  filed a wrongful death lawsuit after their 15-year-old son was swept into the Pacific Ocean while on a guided hiking and kayaking tour in Hawaii on July 4. They allege that the tour guides were negligent for leading the group to a dangerous area. They also accuse the tour company of being “coldhearted” toward them as they were dealing with the loss of their son.

Teenagers Led to Dangerous Area

Tyler Madoff of White Plains, New York was part of a tour led by 22-year-old Andrew Mork. The group was hiking near the Captain Cook monument in Kealakekua Bay when they took a break near some tide pools. According to the lawsuit, Mork led the group to a section of volcanic rock near the ocean. The area was outside of the state-permitted area and marked with signs that warned of the dangerous surf conditions.

Matthew Alzate, 15, was in the tour group with Madoff and walking on the rocky area. According to the lawsuit, several of the teenagers on the tour began grasping rocks and holding on tightly as the waves began receding powerfully into the ocean. One wave was so powerful that it swept Madoff and Alzate off their feet and pulled them out toward the Pacific Ocean. The tour guides were able to pull Alzate to safety but were unable to rescue Madoff. Although dive teams conducted a search, Madoff’s body has not yet been recovered. He is presumed to be dead.

Parents Allege Tour Guide Put Teenagers’ Lives at Risk

Madoff’s parents filed a wrongful death lawsuit in Honolulu on Tuesday, August 21. In the suit, they allege that the tour guides deviated from the scheduled itinerary and put the teenagers’ lives at risk. Instead of following the schedule, the tour guides led the teenagers to a dangerous restricted area. They accuse Mork of failing to help save their son’s life.

The family has listed the Colorado-based Bold Earth Teen Adventures and Hawaii Pack and Paddle as defendants. Hawaii Pack and Paddle was a tour company that was subcontracted by Bold Earth to conduct the tour.

Abbott Wallis, the founder and president of Bold Earth, previously stated that Madoff’s death was a “freak accident” that could not have been predicted. He insisted that the tour guides did everything possible to search for Madoff.

Mork has Criminal History

Madoff’s parents also allege that Mork should not have been allowed to work as a team leader due to his criminal history. They allege that his past behavior includes marijuana possession and disorderly conduct, crimes that should have barred him from employment by Bold Earth. Bold Earth requires their tour guides to be subjected to background checks prior to hiring.

Madoff’s parents are seeking damages for the emotional distress they suffered as a result of their son’s death. They insist that they are not filing the lawsuit for monetary reasons. They are hoping that their lawsuit will shed some light on the practices of tour companies and prevent other children from being injured or killed on similar tours.

 

Jamie Lee is a blogger who likes to write on current issues. She believes it is important to seek help when faced with a case of injury or death.

Boy Injured in 2006 Baseball Game Receives $14.5 Million in Settlement

On Wednesday, August 22, Steven Domalewski was awarded $14.5 million in a settlement with Hillerich and Bradsby, Little League Baseball, Inc. and Sports Authority. The settlement followed a 2006 incident in which Domalewski, who was 12 years old at the time, suffered severe brain damage after being struck by a line drive hit in a baseball game.

Domalewski Hit by Ball during Game

Domalewski was pitching in a Police Athletic League game when a batter, using a metal bat, hit a line drive. The ball struck Domalewski in the chest, directly above his heart. The ball struck him at a precise instant between heartbeats and sent Domalewski into cardiac arrest. He fell backwards and stopped breathing. By the time emergency responders were able to resuscitate him, his brain had been without oxygen for at least 15 minutes. As a result, Domalewski suffered severe brain damage that has left him unable to perform activities of daily living without assistance. He is nearly blind and is confined to a wheelchair. Although he has regained some speech abilities, his vocabulary is very limited.

Parents Claim Metal Bat Too Dangerous for Youth Games

Domalewski’s parents sued the baseball bat manufacturer, Little League and Sports Authority. They alleged that metal bats are able to launch baseballs at a much higher velocity than wooden bats, and that the bat responsible for injuring their son was unsafe. Although the game was not sponsored by Little League, the organization was listed as a defendant because it certifies certain types of bats as appropriate for youth baseball games.

Ernest Fronzuto, the lawyer who represented Domalewski and his family, stated that this settlement will allow Domalewski to receive care for his lifetime. Under the terms of the settlement, Fronzuto is precluded from giving further details about the case. He is not authorized to disclose whether the defendants in the lawsuit admitted any liability.

Metal Bats Banned in Some Leagues

Critics assert that balls hit with aluminum bats travel at a much higher speed than balls hit with wooden bats. In the early 1990s, Little League agreed to restrict the use of metal bats in youth games. Little League approved certain brands of metal bats that were found to perform in a manner similar to wooden bats. Since the league implemented this restriction, the number of injuries to pitchers has dropped dramatically. Prior to the restriction, pitchers in Little League games suffered injuries an average of 145 times per year. After the restriction, the average number of injuries dropped to between 20 and 30 per year.

Metal bats have been banned from women’s softball games in Ridgewood, New Jersey. They are also prohibited from all high school games in New York City.

Steven D. Keemer, the president and CEO of Little League, has expressed deep sympathy for Domalewski and his parents. He stressed that these types of injuries are extremely rare in baseball, but he is glad that the settlement will effectively ensure that Domalewski will receive the necessary medical care throughout his lifetime.

The family is hopeful that the settlement money will allow Domalewski to be able to live independently one day.

About the author

This article was written by DJ Sweetin for the team at disability denial.

Recognizing and Filing a Case for Repetitive Motion Injuries

(US law and generally) Although there are certain industries in which workplace injuries are more typically the result of a sudden, traumatic accident, a large percentage of workplace injuries actually develop slowly over time.  One such example of this – repetitive motion injuries – may actually take anywhere from months to years to begin affecting a person. However, they can be just as damaging in the long run and, just like other workplace injuries, can qualify a person for workers’ compensation benefits.

Identifying a Repetitive Motion Injury

Although each person may suffer from specific symptoms associated with the work they are doing, the following problems may be a sign that a worker has developed a repetitive motion injury:

  • Significant pain or stiffness in the body parts and joints frequently used
  • Lack of energy or a sense of being easily exhausted
  • An increase in the pain while working
  • Inflammation of the affected area

Many people that deal with a repetitive motion injury are diagnosed with tendonitis or bursitis, although this does not encompass the possible repetitive motion injuries.  It will be up to a medical professional to identify the symptoms related to the injury, diagnose the injury, and explain the various treatment options available.

Filing Your Case

Many people do not understand the importance of working with professionals that are experienced in handling workers’ compensation issues.  Finding a doctor and a legal representative that you can trust is critical in working through the complex application process of workers’ compensation successfully.  Having the support of these qualified professionals is not only important to getting the advice and counsel you need, but it also makes it easier to get compensation for the following:

  • Medical treatment
  • Loss of income
  • Therapy or rehabilitation

Getting financial assistance to cover these and other expenses related to your repetitive motion injury is essential when your work has caused you to suffer such an injury. Do not hesitate to reach out to the people that can help you during this challenging time.  If you believe deserve financial compensation because of your losses, a workers’ compensation lawyer may be able to help you with the upcoming challenges.
Carlos is an experienced legal blogger who is a regular contributor to endertonlaw.com.

The Most Common Ways Personal Injury is Attained

The phrase “personal injury” is often tossed around but many are unclear on the meaning and cause of it. Personal injury is any harm that comes to a person physically, mentally, or emotionally. And believe it or not, accidents happen frequently which inflict personal injury to victims.

Here are some common incidents where individuals can suffer from injuries:

  • Car accidents. As one of the most common ways personal injuries are attained, car accidents can cause harm to victims. These wounds can range from minor to severe personal injury, often needing the medical advice of a doctor. Car accidents are often preventable yet there are too many negligent and distracted drivers to stop car collisions completely.
  • Medical malpractice. Occasionally, a surgery could go wrong or a wrong prescription given to a patient. Doctors are responsible for a patient during surgery and it is their responsibility to issue out the right medicine to someone who needs it. Failing to do so could cause some serious, or even permanent, harm to the patient.
  • Slip and fall. When a property is not aware or is not constantly checking its establishment, their visitors and customers can suffer from injuries. An example of this is a property not cleaning up a liquid spill made on a wooden or tile floor. If the business owner was aware of the slippery situation of the floor and chose not to fix the problem, then they are responsible for any injuries their visitors or customers may have attained if they were to slip and fall.

There are other ways personal injury can be received: train accidents, dog bites, negligent security, sexual harassment, and the list can go on. There are some times where certain pains and aches do not manifest until the following day. It is important for a victim to see a doctor right after an accident to make sure that no internal injuries were acquired. And remember, personal injury is not just contained to physical injuries. Many times, psychological damage, pain, and suffering could also be part of the aftermath of an accident.

Enhanced by Zemanta

Yaz, Yasmin Blood Clot Risk Cited in Thousands of Personal Injury Lawsuits

 

Overview: Yaz and Yasmin birth control pills were highly popular and heavily advertised when they first hit the market, but now the oral contraceptives are making headlines over reports that they may cause deadly blood clots. There are some 12,000 Yaz or Yasmin personal injury lawsuits in US, and only a fraction have been settled so far. The majority of cases are pending in the multidistrict litigation in U.S. District Court for the Southern District of Illinois centralized before Judge David R. Herndon (MDL No. 2100).

David Kessler, former commissioner of the U.S. Food and Drug Administration (FDA) is one the people who have supported the allegations against Bayer. Last year, he issued a report stating that “Bayer violated its duties under FDA regulations and state law by selectively presenting data as to thromboembolic events, which did not adequately inform FDA, doctors or consumers of the thromboembolic risks, from pre-marketing to the present.”

Drospirenone-Based Birth Control Associated with Blood Clots, Related Disorders

Yaz and Yasmin were approved in 2001 and 2006, respectively. They are two very similar types of oral contraceptives. The only difference is that Yasmin’s regimen has 21 days of active pills while Yaz has 24 days. Both birth control pills contain drospirenone, a chemical that has been linked to an increased risk of blood clots. Oftentimes, the blood clot can form in the deep veins of the leg in a condition known as deep vein thrombosis. When this happens, there is a risk that a piece of the blood clot will break off and become lodged in the lungs; this is called a pulmonary embolism (PE). Since they often occur together, DVT and PE are collectively referred to as venous thromboembolism.

Last April, the British Medical Journal published a study showing that women who use drospirenone-based birth control pills like Yaz or Yasmin may have triple the risk of experiencing non-fatal venous thromboembolism. Approximately one year later, the FDA updated the safety label on Yaz, Yasmin and other birth control pills containing drospirenone to warn about the potential risk of blood clots and blood clot-related disorders.

Settlements

So far, Bayer has settled about 1,900 Yaz and Yasmin cases for $402.6 million (approximately $212,000 per case). At this rate, the company estimates that it may spend up to $1.2 billion on the litigation. Bayer has also doubled its reserves for Yaz suits by setting aside $610.5 million in anticipation of potential settlements.

Becoming a Personal Injury Lawyer

(US rules and generally) If you have a passion for helping people and you also love money, becoming a personal injury lawyer might be the perfect choice for you. While most lawyers earn a higher income than the typical salaried employee, injury lawyers are in business to make sure that innocent people who suffered injuries get what is truly owed to them. If you want to help people exercise their rights and you want to put justice above everything, becoming an attorney specializing in personal injury law might be the path you need to travel. But just like with any profession, becoming an injury lawyer takes time. Determine if you have the time to dedicate to become a lawyer and change your life by entering a fulfilling an exciting field that will always keep you on your toes.

Educational Requirements You Should Know

If you already possess a four-year degree, you are one step closer than those who do not. You need to possess a four-year degree before you can even consider applying for law school. If you are not enrolled in a four-year degree program, now is the time to go to your college and discuss all of the degree programs that are available. Even after you are done with your finals, you are going to need to pass the LSAT before a law school will accept you. Getting in law school is very similar to applying for a job. You need to prove yourself with a resume, pass aptitude tests, and only then can you take the courses you need to complete to become a personal injury attorney.

Completing Law School

Once you are accepted into a law school, you will spend about 3 years in school if you are enrolled full-time. If you do not have any college credits, you are looking at a 7 year commitment to become a lawyer, no matter what you want to specialize in. Make sure that you are willing to make the commitment and the investment in school before you even start submitting your applications.

What to Do While You Are In School

You obviously need to pay attention in every subject when you are attending law school. You will take classes that will focus on workers compensation laws, personal injury laws in each state, and even ethics. But what some students do not realize is that they will need to find a job to increase their chances of finding a job when they earn their law degree. It is a good idea to find a job at a law firm so that you can gain experience. Make sure you apply for clerk positions and legal assistant positions at personal injury firms and you can start networking before you are even a licensed attorney.

Passing Your Bar Exam

The bar exam is one of the most important tests you will take in your lifetime when you are studying to become a lawyer. You will need to show that you have comprehended everything you learned by passing the bar. After you pass the bar, you are officially a lawyer.

Most newly licensed attorneys will apply to work for firms where they will take common cases like slip and fall claims. After you get a reputation, you can consider opening your own firm and establishing your own rates.

Environmental Groups Concerned about Water Contamination File Lawsuit

On Tuesday, August 14, the Natural Resources Defense Council and the Environmental Working Group filed a lawsuit against the California Department of Public Health. The suit, filed in Alameda County Superior Court, asks the agency to obey its requirement to limit the level of hexavalent chromium, a chemical carcinogen, in California’s drinking water.

In 2001, a state law required the agency to set a limit for the chemical by 2004. More than a decade after the law took effect, the agency has not met the requirement. The lawsuit alleges that there is no justifiable reason for the delay and seeks a court order to expedite the process.

Chromium-6 Linked to Serious Health Risks

Hexavalent chromium, also called chromium-6, is a known carcinogen. Chromium-6 frequently enters drinking water supplies due to runoff from industrial operations that seeps into groundwater. The chemical is used for the production of textile dyes and stainless steel. It is also used for leather tanning and as an anti-corrosive.

Although chromium-6 has been long recognized to be carcinogenic when inhaled, a representative of California’s Environmental Protection Agency (EPA) stated that the process had been delayed due to a dispute about the chemical’s carcinogenic effects when ingested in water. In 2007, scientists at the National Toxicology Program confirmed that the chemical is carcinogenic when ingested.

According to the Environmental Protection Agency, ingesting large amounts of chromium-6 leads to vomiting, hemorrhage and abdominal pain. It has also been found to damage livers, gastrointestinal tracts and lymph nodes of animals. Breathing the chemical can lead to respiratory problems such as bronchitis, asthma and lung cancer.

California Cities Top List in Chromium-6 Contamination 

Chromium-6 became famous in the film “Erin Brockovich,” which depicted the environmental activist’s attempt to build a legal case against the Pacific Gas and Electric Company (PG&E), linking the chemical to a heightened cancer risk. In her lawsuit against PG&E, she alleged that one of their facilities produced toxic wastewater that seeped into the groundwater and contaminated the drinking water in the town of Hinkley, California. The lawsuit, filed in 1993, resulted in a $333 million settlement. This amount was the largest ever paid in a settlement from a direct-action lawsuit in this country’s history.

In 2010, the Environmental Working Group tested the tap water in various cities throughout the U.S. and detected chromium-6 in the tap water in 31 cities. The California cities of San Jose and Riverside, with levels exceeding 1.3 parts per billion, had among the top most contaminated water sources in the country.

In 2011, the state’s Environmental Protection Agency had recommended that California limit the chemical to .02 parts per billion in drinking water. Water testing conducted throughout California between 2000 and 2011 showed that approximately one-third of the drinking water tested had levels at or above the recommended limit.

Proposed Standards to be Released Next Year

Currently there is no federal standard for chromium-6 levels, although the federal EPA has recommended that the chemical be subjected to enhanced monitoring in public water systems.

According to Ken August, a spokesman for the California Department of Public Health, there are no typical timelines to suggest how long it takes to develop such a standard. August reported that the agency is in the process of developing a cost-benefit analysis. The department’s website states that the standard will be released next year and finalized by July 2015. The department’s standard will be as close to the California EPA’s goal as possible, after economic and technical factors are taken into consideration.

 

Kenny Schmitt is a blogger passionate about environmental issues. He knows that it’s important to protect yourself when a victim of injury or health issues.