Personal Injury Law Blogs

Emotional Distress Claims for Pet Deaths in the US

One US Court Denies Emotional Distress Claim for Death of Pet, Another Awards $65,000

The highest court in New Jersey has refused to recognize a pet owner’s claim for emotional distress after she witnessed the violent death of her beloved dog.

Plaintff Joyce McDougall was walking her maltipoo Angel when it was attacked by a large, mixed-breed dog which grabbed the smaller dog by the neck and shook it to death.

McDougall sued the large dog’s owner, claiming that Angel had been her close companion for years and that the loss of the dog was especially hard on her since her children had left for college and she and her husband had separated.

In the case of McDougall v. Lamm, the court said:

Although we recognize that many people form close bonds with their pets, we conclude that those bonds do not rise to the level of close familial relationship or intimate, marital-type bond.

The court refused to further expand to pets the doctrine of the Portee v. Jaffee case, which allowed a suit for emotional distress to be brought by a person who witnessed the death of a family member.  The doctrine had previously been expanded to those who witnessed the deaths of intimate acquaintances, such as roommates, but not to a plaintiff who saw a neighbor’s child torn to death by a circus animal.

The New Jersey Justice noted that “not even all humans are engaged in a relationship that is sufficiently close to support such an award.”

A Superior Court judge had awarded McDougall $5,000 for the loss of the dog but dismissed her emotional-distress claim.

The Appellate Division affirmed:

While we can understand plaintiff’s considerable attachment to her dog, and the distress she suffered at witnessing such an event, we agree with the trial judge’s conclusion that plaintiff’s damages are limited to the replacement cost of the dog.

New Jersey, like some other US states, treats pets as more than simply property.  A 1988 case allowed a pet owner to recover not only the pet’s replacement cost but also the veterinary expenses incurred by the owner in treating the injured pet.

Only a few US states allow pet owners to sue for emotional distress when pets are killed.

In Colorado a court recently awarded $65,000 to a pet owner for the emotional distress she suffered after her 18-month-old dog was hit by a car after being let out of the house by a cleaning crew.  The crew also allegedly failed to notify the owner or seek veterinary care for the dog after it was hit.

In the Colorado case, the owner was represented by The Animal Law Center, which said the award was the highest in the state’s history and that “The ruling sets a damages precedent that animals are worth more than their replacement value.”

About the Author: Nussin S. Fogel, Esq., has been practicing for over 25 years as a top slip and fall lawyer in New York. Mr. Fogel founded Fogel Law, a firm specializing in Slip and Fall Accidents, Motor Vehicle Injuries, and other areas of Personal Injury Law. He has published on various aspects of Personal Injury Law across the web.

Make Sure You Have Adequate Auto Insurance

(US law and general information) If you don’t have adequate auto insurance coverage, you could be putting yourself and all your assets at risk. Unfortunately, the vast majority of people don’t understand the value of auto insurance. Worse still, the vast majority of people don’t want to pay for it. Most people also don’t think they need so much insurance coverage for their car because they erroneously think that causing a catastrophic car accident won’t happen to them. The fact is it can happen.

Imagine that you’re on a long road trip with your family. Hypnotized by the road, you fall asleep at the wheel. Suddenly, you wake up and see a pair of headlights coming toward you. Not having enough time to respond, you collide with the other driver. You and your family escaped with no injury, but the driver and passengers in the other car weren’t as fortunate. One of them died and the other three passengers sustained life-changing injuries.

No doubt the accident was your fault because of your negligence. To make matters worse, your limits of liability are the minimum your state requires, which is not nearly enough to cover the death that you caused, let alone the major injuries that the other three passengers sustained.

Your insurance policy won’t cover the majority of the costs. Chances are you will be sued. They will call one of those personal injury lawyers on television to go after you and your insurance company. One innocent mistake can easily translate into a costly roadblock in your life’s path. There goes your house and your vacation property, along with most of your other assets. What do you do now?

Granted, this is an extreme example and most people won’t cause fatality accidents, but even a minor accident can result in costly medical bills. A broken leg is enough to break anyone’s bank. That broken leg requires so much medical attention – and money to repair. Sometimes they may require after care and physical therapy. It’s important to be prepared.

How much auto insurance coverage do you really need? You need to purchase enough bodily injury and uninsured motorist coverage. You should have $250,000 per individual and $500,000 per collision in this coverage. You also need to purchase property damage coverage. Some states require as little as $5,000, but it is recommended you have at least $100,000 in property damage coverage.

The amount of auto insurance that you carry really depends on your assets. If you own a business or property, you’re personal liability increases. The same holds true if you have children because you are legally responsible for them and all their actions until they reach the age of 18.

Be sure to contact an insurance agent to properly determine your auto insurance needs. A minor change in your auto insurance policy can save you a lifetime of pain – and punitive damages.

Cindy Santos is a media relations specialists with Accident Attorneys’ Group.

Missed Fractures

If you sustain a fracture, it is reasonable to assume that a trip to the hospital is the best course of action. With a quick examination and an x-ray, doctors will diagnose the break and treat it accordingly. The last thing you expect is to leave A&E with an undetected fracture. And while this may seem unlikely, it does unfortunately happen more often than you might think. Not only with this prolong the pain and suffering for the person in question, but it will also lead to a series of health complications later down the line.

How Can A Fracture Be Left Untreated?

A fracture can be left untreated for one of two reasons:-

1. On purpose

Some fractures will be left deliberately untreated. For example, if you fracture a rib, it is not possible to apply a plaster cast or provide any other form of treatment (other than painkillers). Instead, the bone must be left to heal of its own accord. Therefore if doctors leave a fracture untreated on purpose, they are knowingly doing so for medical reasons, meaning their actions will not amount to a substandard level of care.

2. Medical negligence

However, there are sadly occasions in which doctors simply fail to detect a fractured bone. This may either be because they do not believe a bone is broken and so fail to perform an x-ray, or they perform an x-ray but do not accurately analyse the image. It is highly likely that this will amount to an incident of medical incompetence, especially if other doctors would have been able to diagnose the fracture. This will, therefore, amount to medical negligence.

Have you suffered from an undiagnosed fracture?

If your fracture was missed by medical professionals, you must contact a medical negligence solicitor as soon as possible. This is because you will be considered the victim of a substandard level of medical care, meaning you are legally entitled to pursue a claim. If successful, you will be awarded compensation for the pain, suffering and loss of amenity an untreated fracture undoubtedly caused you.

Indeed, your life will have been severely hindered while your fracture remained undetected, while the level of treatment may have been more extensive had a cast been applied when you first attended hospital. Broken bones quickly join back together, and if your fracture knitted together in the wrong place, you will require surgery to fix the problem. This could otherwise have been avoided had doctors recognised your injury at the time of the accident.

Additionally, you will be recompensed for the acute financial loss you incurred. So if you were unable to return to work because you were in so much pain, and this caused you to lose money, you will be able to claim this expense back. This also applies to the cost of medical treatment, travel and domestic assistance.

To begin your claim for a missed fracture, contact us at 1stClaims today. We will be more than happy to discuss your case with you.

US Health Law May Curb Rising Maternal Deaths

This article was written by Andy Sampson of Price Benowitz LLP.

The US Health Law has been a subject of debate for a while. Since the law has passed, it is important to examine the parts of the law that will impact our society in a positive manner. More people will have access to healthcare and this affects society in a positive way. One segment of the population that will benefit for the Health Law is pregnant women.

When a woman dies in childbirth, many families consult an injury attorney because they feel that the death could have been prevented. One aspect of US Health Law that will be very beneficial to our society is the fact that there will be more access to healthcare for pregnant women. Providing more access to healthcare helps decrease several risk factors that arise due to the lack of prenatal healthcare. One risk factor that arises when a woman doesn’t receive prenatal care is maternal death due to pregnancy complication.

EFFECT OF MATERNAL DEATHS

Maternal deaths can negatively affect a family in many different ways. Without the mother present, someone else has the responsibility of taking care of her children. In addition, it may be a hardship for a father to take care of children depending on his schedule. This still can put stress on extended family members.

Extended family members may be unwilling to take a child when there is the issue of who will provide financial assistance for the child for the next eighteen years. Some family members may be reluctant to commit to caring for a child for such a long time without any type of compensation. When there is no one available to provide financial assistance for raising the child, then a new problem arises.

When there isn’t anyone to care for a child whose mother died in childbirth, it adds to the number of children in foster care. The foster care system is already overwhelmed without adding newborns to the list of children in need of families. When there is no family available to care for the children of a woman who died in childbirth, then those children end up in foster care. Their foster care costs our system and can soak up valuable tax dollars.

EFFECT OF IMPROVED HEALTHCARE

The effect of improved healthcare for pregnant women is profound. When a mother is able to get healthcare, she can make sure that she has a healthy pregnancy. Examinations can also catch some potentially fatal diseases such as gestational diabetes and enable a woman to get treatment that may save her life.

There is a trickle-down effect that occurs when a mother dies in childbirth. It not only affects the mother and her child, there are far reaching implications for society as a whole. The Healthcare law will help protect the mothers who want to get more healthcare, but were not able to before.

When there is a maternal death because the mother lacked prenatal care it affects our entire society. Providing more access to healthcare for pregnant women will be a benefit for all. Healthier babies and a healthier mother is one goal that may be accomplished by the new healthcare law.

Overview of the Different Types of Clinical Negligence Claims

While most of the doctors in the country are highly dedicated individuals, it’s unfortunate that every so often a patient will have to endure undue suffering and poor care at the hands of a medical professional. If that’s happened to you or a loved one, you may be eligible for filing a clinical negligence claim.

What kinds of claims fall under the clinical negligence category? Here’s an overview of all the different types of claims.

Birth Injury. If you or your child were harmed in the birthing process due to clinical negligence, you stand a strong case of making a claim. Common birth injuries include cerebral palsy, shoulder dystocia, brachial plexus injury and erbs palsy.

Cancer. Cancer misdiagnoses are another common arena of claims. If your cancer was misdiagnosed, resulting in a loss of lifespan, you may qualify for a claim. Many forms of cancer are treatable in early stages and much more difficult to treat in later stages. If a doctor misdiagnosed your cancer and prevented treatment early, they’ve negatively affected your chances of recovery.

Cardiology. If your doctor didn’t perform the proper tests after you complained of having chest pains which subsequently affected your cardiovascular health, you may qualify for a claim. If you had cardiovascular issues, such as heart attacks, angina, heart murmurs or heart blocks and you weren’t adequately diagnosed or treated, you may have a case.

Child Negligence. Child negligence cases apply both to newborn babies and to young children who’re particularly susceptible to medical issues. Any medical negligence that leads to a child’s injury or worsening of condition may qualify for a case.

Cosmetic Surgery. If your cosmetologist conducts surgery and leaves a scar afterwards or if you develop an infection afterwards, you can file for clinical negligence. Uneven breast implants after breast surgery or problems with eyesight after laser surgery can also qualify.

Eye, Nose and Throat Surgery. Most ENT surgeries go off without a hitch. Unfortunately, those that go wrong have dire consequences. These consequences include paralyzed facial muscles, damaged vocal cords, throat swelling and deafness. If you experience any of these symptoms after surgery, you have a strong negligence case.

Fatalities. If clinical negligence leads to fatalities, the estate of the deceased or the dependents of the deceased can both make a claim. In order for a dependent to make a claim, they must be able to prove that they would have obtained financial benefit from the deceased had they lived.

General medicine. General medicine cases include failure of your GP to refer you to the right specialist, failure to recognize and treat well known conditions, prescription of the wrong drugs, delay in diagnosis and other types of negligence.

General surgery. Poor surgery results, internal bleeding as a result of the surgery, organ damage, nerve damage, awareness during an anesthetized procedure and medical instruments left in the patient’s body can all result in general surgery claims. If the patient didn’t give consent for the surgery, a very strong claim can be made.

Gynaecology. Negligence by your Gynaecologist could result in infected bladders, failed abortions, infertility, failed contraception, urethral injury and more. All of these fall under the Gynaecology clinical negligence category.

Neurology. Neurologists specialize in making sure your brain and your body’s nervous system are functioning properly. Failure to properly test patients, resulting in brain injury, failure to prescribe proper epileptic medications and failure to diagnose a brain tumor are common neurology negligence claims.

Obstetrics Maternal Injury Negligence. Vaginal tears, still births and birth defects fall under this category. Failure to conduct tests to inform the mother of possible birth defects early in the pregnancy can also constitute Obstetrics Maternal Injury Negligence.

Ophthalmology. Eye related injuries fall in this category. Cases that involve failed laser surgery, corneal abrasions, cataract surgery, glaucoma and traumatic retinal detachment fall under this category.

Orthopaedic Injuries. If you’ve suffered an injury during knee surgery, hip surgery, shoulder surgery or hand, leg, arm or foot surgeries, you may qualify for an Orthopaedic clinical negligence claim.

Spinal Cord Injury. An injured spinal cord can result in partial or complete paralysis. Improper diagnosis, delayed diagnosis or poor surgery could lead to spinal injuries. These claims often lead to large settlements.

Urology. Urology claims involve kidney diseases, kidney stones, cancer in the bladder, testicles or prostate as well as any problems with vasectomies.

If you’ve suffered from one of the above types of clinical negligence, you may qualify for financial compensation. Of course, money can’t compensate you for the time and vitality that you’ve lost. However, receiving your due compensation can be an important part of moving forward.

Author Bio – This article has been written by LB Law. If you are a victim of medical or clinical negligence, their highly experienced team of clinical negligence solicitors can help you seek compensation. Their medical negligence solicitors have considerable experience in working with individuals and families facing the aftermath of all types of medical and clinical accidents.

Effects of Brain Injuries

brain injury solicitors uk

A head injury will almost always affect the brain. Through a nerve system, the brain controls physical actions, thoughts and emotions. A head injury can stop such actions, which is why its effect can be so devastating.

Each and every year, 1,000,000 people visit UK hospitals with a brain injury. In 85 of these cases, however, it is a mild injury and in most cases, they will make a good recovery within six months if the appropriate medical treatment has been applied. If the sufferer should experience unconsciousness for more than six hours, he is classed as having a severe injury. A severe injury is likely to lead to complex issues and long term rehabilitation is required. Even milder injuries can result in long-term impairments, however.

Unfortunately, an estimated up to 75 per cent of brain injuries fail to be reported and are therefore not assessed by medical practitioners. The reason for this is often the fact that there is no unconsciousness when the injury occurs and the symptoms are not apparent until days, weeks or months have passed. Often, a brain injury is wrongly diagnosed as depression. Although depression can occur as a result of a brain injury, it can hide more serious fundamental problems.

Someone with a brain injury may feel various symptoms that have been overlooked. Typically, the sufferer wouldn’t have an insight into any potential problems as they won’t be functioning normally.

The worst kinds of head injury can result in extensive functional difficulties including paralysis and limited mental functioning. At the other end of the scale, moderate head injuries occur in a range of varying functional limitations, mainly reduced mental skills.

If you have suffered from a head injury and wish to make a claim, Bolton Burdon Kemp’s are specialists in no win, no fee compensation claims. Their personal injury solicitors are some of the best you will find in the UK and each one is a member of the Association of Personal Injury Lawyers. Contact BBK solicitors and take advantage of their experience and expertise. With their no risk fee structure, you have nothing to lose and a large amount of compensation to gain.

DePuy Hip Replacement Injuries

DePuy hip replacement injuries have been on the rise since 2008. The DePuy ASR is a metal-on-metal hip replacement system that was used in many patients from its release. Unfortunately, the FDA has gotten hundreds of complaints about the DePuy ASR causing hip replacement injuries, including failure of the device requiring additional hip surgery, and the danger that the DePuy ASR may shed metal particles into the body. DePuy issued a recall on DePuy ASR Hip Replacement Systems in August 2010, which affects 93,000 people who have received the replacement hip. If you’ve had injuries as a result of your DePuy ASR Hip Replacement system, you may be eligible to file a lawsuit.  An experienced Dallas injury lawyer that specializes in DePuy Hip Replacement can help determine if you have a case or not.

DePuy Hip Replacement Injuries

The full extent of the injuries caused by DePuy ASR Hip Replacement Systems aren’t yet clear. The FDA has received hundreds of complaints since 2008, and the most common issue seems to be premature failure. Many people who have the DePuy ASR Hip Replacement System experience failure within a year or two, and have to have another surgery and a new hip replacement.

The long-term effects are still unknown, but could include serious consequences. Metal-on-metal hip implants such as the DePuy ASR have been known to shed metal particles into the body. These particles damage soft tissue, can cause inflammatory reactions and can lead to bone loss, and the extent of the long-term damage isn’t yet fully known.

DePuy Hip Replacement Injury Lawsuits

Many of the people who have received DePuy Hip Replacement injuries have already filed lawsuits because of this defective product. DePuy is currently facing a slew of individual lawsuits, as well as several class-action lawsuits with many victims combining their cases. The DePuy liability in these cases seems fairly simple; DePuy rushed the ASR Hip Replacement System without completing adequate testing about its efficacy and long-term side effects. As a result, many people have had additional hip surgeries and are dealing with long-term medical consequences.

Author Bio:
I am a SEO consultant at High Rank Websites.  High Rank Websites specializes in web design and web optimization for attorneys and law firms across the United States.  I specialize in writing legal content for the law firms we represent.

How To Get The Most Out of Personal Injury Insurance Claims

The following is a guest post regarding personal injury insurance claims from a South African writer.

Accidents are a part of life, whether you are at fault or the other driver. Even the most careful person can make a mistake. That’s why it is called an accident, no one purposely causes injury or damage to another vehicle.  Most insurance policies come with a personal injury clause. When you sign up, you can choose how much you want to pay for the highest coverage possible. Typically, when you are in an accident that is not your fault, you want to go through the other insurance policyholder since it was their liability. How do you receive the most compensation for your injury as well as pain and suffering?

Go to a Doctor

This is your number one priority. As soon as you can get your car and leave the scene, head to the hospital. Usually, people wait after an accident. They might be experiencing a little headache, or muscle aches but they choose to wait because they feel it’s not necessary. This can hinder your medical claim; especially if the other party or insurance disputes that you waited too long. They could argue that the injuries were from something else and not from the accident.

Take Pictures

Always take pictures of any physical injuries, right away. Check the pictures after shooting. Make sure they are clear and you can see the cuts, bruises or marks unmistakably. Also use a camera with a date/time stamp. This will prove that the injury happened during the accident and not later. If you cannot take accurate pictures, enlist the help of a friend or family member. Also, shoot some pictures a few days after the accident too, when you receive medical help as well as to show the progress of the injury. This can help for pain and suffering compensation.

Keep all Medical Paperwork

The proof is key when filing a personal injury claim. Keep all the paperwork from the initial ER visit, any follow-up exams and even prescription receipts. When you speak to the doctors ask them to write a detailed account of your injuries as well as what they believe is the cause. Store all the documentation along with the pictures in a safe place.

Submit the Personal Injury Claims Form

Obtain the claim forms within the first week of the accident. Start filling them out. Within the first two weeks, submit all documentation previously stated. On the form, usually there is an “Other Information” section. In this place, make note for any future doctor’s appointments that are a direct result of the accident.

When you receive injury from an accident that is not your fault, it is important to fight for your rights. Typically, when you submit relevant documentation to the insurance company, they approve your claim. However, at times you may have to fight a bit more for what is owed to you. If you must obtain a lawyer, submit all your documentation to the firm. More-than-likely, you wil receive what is due to you as well as the insurance provider paying all your legal fees.

About the author

The author is the content coordinator for a website that provides online insurance quotes to the South African public.

Understanding Los Angeles Personal Injury Cases

Personal injury cases refer to situations where a person has been injured by the negligent actions of another person. There are many examples of Los Angeles personal injury cases that require the help of a qualified attorney. If you or a loved one has suffered an injury due to the negligent acts of someone else, it is important to contact an attorney as soon as possible to see if you have a case. A qualified personal injury lawyer will be able to look at the specific details of your case to decide who should be held accountable.

Most personal injury cases in LA involve car accidents, accidents at work and also medical malpractice in LA. However, if you or someone you know has been injured from a fall on someone’s property, accidents that occur in the home or related to a holiday, injured during an assault, or injured from a defective product may have a personal injury case. This term also applies to medical or dental accidents. Medical malpractice cases can be complex and very expensive to pursue. If your case is related to the negligence of a medical professional, it is important to contact a lawyer experienced in this area to be sure you have a case. Due to the high cost of medical malpractice cases, legal action should only be taken if serious injury or death occurred as a result of negligent actions.

If you have a personal injury case, your attorney can seek monetary damages for both economic and non-economic issues. Your lawyer will work to get you money to compensate for any ongoing need to see a doctor, receive rehabilitation, therapy, medications, any hospitalization that occurs as a result of your injury, as well as any loss of income experienced from not being able to work due to your physical condition. These are examples of economic needs that your attorney will fight to get compensation for. In addition, some non-economic needs that you can be monetarily compensated for include; pain and suffering, disfigurement, and any embarrassment that you may experience as a result of your injuries.

In California there is a time limit in place for people who wish the file a person injury lawsuit. Because of these deadlines, it is important to speak to an attorney as soon as possible to get your case started. It is also important to work with an experienced law firm that has the financial resources to fight aggressively against large insurance companies and other organizations. A personal injury case can be expensive to fight, but working with an experienced and resourceful law firm will be important to the success of your case.

Some law firms like Bob M. Cohen & Associates will work with clients with a conditional fee agreement. This means that the law firm may only collect a fee if they are able to win the case. Even if you are not in an area to be able to work with Bob Cohen Law, many injury attorneys operate in this manner. Also, in most states, attorneys cannot charge more than 100 percent of the settlement awarded from the case. Working with a large and well qualified law firm will help you get the best possible results for your personal injury case.

Where Can You Turn for Help After a Pedestrian Accident?

Have you been in a car accident and do not know where to turn for help? Consider this. Lets say you lived in California and were in a car accident in Mission Viejo. If you were to find a local car accident attorney in Mission Viejo, he or she could assist you in figuring out how to get the best possible settlement for your claim and can answer all your questions about liability and other issues surrounding your car accident case. Best of all, a number of personal injury law firms will offer free consultations to injured accident victims.

Many car accident victims are frightened and confused about how to settle a car accident case. Often, they are told that they are getting a “good offer” from an insurance company when the amount offered actually represents less than the minimum amount to which they are entitled. Unfortunately, many car accident victims, not realizing that they are being taken advantage of, are lured into an early and disastrous settlement of their claims and do not even know that they have given up rights and compensation that should be theirs.

A auto accident lawyer can prevent this by giving a car accident victim the facts about his or her case. For example, many car accident victims come to a lawyer believing that the accident was their “fault.” They may believe this because they have been told so by an insurance company representative or a lawyer for the at-fault party. However, when the professional car accident attorney examines the case, he or she realizes that the accident was not the victim’s fault and that the victim is entitled to far more in compensation than the insurance company or defense lawyer allowed.

This is not to say that every car accident case is worth millions of dollars. It is just as damaging to believe that hiring a car accident lawyer to handle your case will result in an overnight fortune as it is to believe you are entitled to nothing. Most car accident cases settle for a fair and reasonable amount depending . Few cases are worth startling amounts of money. However, most cases are worth far more than the car accident victim believes, so it is well worth your time and effort to consult an attorney about your claim.