Damages from Personal Injury Lawsuits

Posted by on Jan 3, 2014 in Personal Injury | 0 comments

When it comes to personal injury damages, there are many types that a victim is entitled to. Depending on the case and situation where injury was made, the precise amount for damage in a personal injury can vary, and it will often be determined by a jury (should it go to court) of settlement can be agreed upon between both parties.

Generally, awards for damages in a personal injury fall into two categories: the compensatory damages and punitive damages. Compensatory damages are usually the most widely-given compensation for personal injury. This compensation aims to make the victim “whole” again as much as possible, seeking to restore the victim physically, mentally, and financially. Compensation pays for both monetary and non-monetary losses.

On the other hand, punitive damages are rarely given on a personal injury case.  Punitive damages are given when the conduct of the defendant (or the one who caused the accident) has been particularly extreme and outrageous. This is to deter the defendant from doing the acts again.

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Medical Malpractice Statistics

Posted by on Dec 9, 2013 in Medical Malpractice, Personal Injury | 0 comments

Medical malpractice is one of the many reasons people file personal injury lawsuits. According to the Medical Protection Society (MPS), medical malpractice is defined as the negligence of a medical professional to uphold the “standard of care” required of them, causing direct harm to the patient. Any health professionals, even the hospitals themselves, can be held legally liable for any injuries or harm that their patients endure as a result of negligent care.

Medical malpractice (also called medical negligence) is a very prevalent problem in the United States: it causes about 160,000 deaths every year across the country. It is estimated that 1 in every 3 patients will suffer from some form of medical malpractice, and these errors can be anywhere from misdiagnosis to wrong medication/prescriptions to surgical errors to many other acts of negligence.

Annually, there are approximately between 15,000 to 19,000 medical malpractice lawsuits filed against doctors or other medical professionals. In fact, the majority of doctors around the United States have a high probability of facing a medical malpractice lawsuit during their professional careers. However, the possibility of a patient receiving a payout is low.

Upon acknowledging that you have fallen victim to medical malpractice, the best option is to find and hire a personal injury lawyer, preferably someone who is proficient in medical malpractice lawsuits. There are rules and statues that should be followed in order to improve the lawsuit’s chance of success. It is important to gather evidence and have a solid presentation should the case go to court.

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Domestic Violence in Texas

Posted by on Nov 20, 2013 in Domestic Violence, Personal Injury | 0 comments

Domestic violence is not as uncommon as most people would like to believe. In Texas, about 35% of adults have experienced domestic violence in one form or another, and it affects women most particularly. In 2012, 114 women died as a result of domestic violence in Texas as compared to 2011, when 102 cases were reported. In 2011, there were 177,983 reports of domestic violence, of which about 26,000 are against children. However, it is suspected that far more incidents of abuse happen behind closed doors, and victims are often too frightened of or dependent on their abuser to speak out.

Texas takes the crime of domestic violence quite seriously. There is a pending bill at the Texas senate that will require habitual offenders to register with a state database, making it easier to track and guard against them. According to the website of BB Law Group PLLC, domestic violence can take many forms, and each incident is enough to legally prevent the abuser from threatening the safety of the family if it is reported. A conviction of domestic violence is also grounds for a fault-based divorce. In the event of a divorce, the spouse convicted of domestic violence will be given limited or no custodial or visitation rights to their children but at the same time may be required to provide spousal support as well as child support.

Domestic violence may also be the basis for a restraining order or order of protection. While most victims of domestic violence are often reluctant to report the abuse for fear of breaking up the family, it is important that they understand that the physical, psychological, and emotional damage of violence at home can be far-reaching and devastating, especially for young children. In order to protect the vulnerable from an abusive family member, domestic violence should be reported at once, and a domestic violence lawyer can provide advice on legal options for the protection of family members in the future.

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SR-22 requirements

Posted by on Nov 3, 2013 in Car Insurance | 0 comments

SR-22 is often mistaken as an insurance policy; this is not true. It is a document that the state requires as proof that you have liability insurance in case accidents happen, meaning it can be used as evidence that you do have an existing policy. Different states have their own laws regarding the requirements for and SR-22, and there are even ones that do not require SR-22 at all.

SR-22 (SR means safety responsibility) is provided by the insurance company and filed with the Department of Motor Vehicles. Despite the differences from law and processes between states, they all share the same goal of monitoring insurance coverage in order to administer mandatory insurance requirements. The monitoring is mostly done by the insurance company who is providing the SR-22 bond; failing to keep up with the insurance coverage gives the insurance company permission to notify the state, which then has the authority to make the necessary actions against the person with SR-22.

Regardless of the reasons for the SR-22, once a person is required to have it he or she should honor the amount of time that the state requires for it. The length of time a person needs to carry SR-22 depends on the state where it has been filed. Most cases call for a 3-year fulfillment after the driver’s license has been reinstated, particularly because of DUI or DWI. If there have been no incidents or accidents (as defined by the state) during the whole 3 years, then the SR-22 requirement can be revoked.

Most states have SR-22 requirements, but there are those that do not have them. These states are Delaware, Minnesota, New York, Oklahoma, New Mexico, Pennsylvania, North Carolina, and Kentucky. Moving from a state that requires SR-22 to somewhere without such requirement does not make the requirement unnecessary: your previous state may still require you to file SR-22. This can be appealed depending on the new state you live in. Fulfilling your SR-22 requirements is still necessary. Since an SR-22 is a high risk bond, people who have SR-22 often pay higher insurance premiums. It also ensures the state that you have minimum liability insurance.

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Important Facts about Trucking Industry Service Hour Regulations

Posted by on Oct 24, 2013 in Personal Injury, Truck Accidents | 0 comments

With the increase of truck and car accidents on American roads today, car and truck companies need more than just protect people during a crash. Keeping people out of accidents can soon be possible as well. With 10.8 million motor vehicle accidents happening every year in the United States (500, 000 for truck accidents, with 5,000 of these accidents resulting in fatalities), it may be time to look into accident prevention measures as well.

Even with defensive driving techniques, a motorist can still be seriously injured because of other people’s negligence and careless driving; as stated in an article from Williams Kherkher, most common causes of car accident injuries are because of drunk driving, reckless driving, car defects and malfunctions, etc. This is the main reason why car companies have tried improving features such as forward-collision warning as well as automatic braking systems. These features help alert the drivers about possible crashes, thereby avoiding accidents.

Meanwhile, truck accidents (especially those commercial trucks) occur because of fatigue and drowsiness due to their long hours of driving and time-pressure to deliver their cargoes. Fatigued drivers are more prone to accidents, posing increased risks not only to the driver but everyone on the road. Based on the website of Spiros Law, P.C., results of any truck accident can be catastrophic; therefore for preventive measures the Federal Motor Carrier Safety Administration (FMCSA) has passed new rules regarding truck drivers. These new rules include things such as limiting the average work week to 70 hours, requiring truck drivers to have 30-minute breaks before starting an eight-hour shift, and limits of an 11-hour daily driving limit with a 14-hour workday.

Because of the serious injuries and damages that a vehicle accident can cause, it is always better to have preventive measure in order to protect one’s self. With latest technologies and safety practices, these devastating accidents may be lessened and roads may soon be safer.

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Asbestos Exposure: A Silent Killer

Posted by on Oct 21, 2013 in Asbestos Exposure, Personal Injury | 0 comments

In the past, asbestos has been a widely used mineral in construction, automotive, and many other industries. Because asbestos is resistant to fire, heat, and chemicals and it does not conduct electricity, it was considered as the “wonder building block” after World War II, causing it to be mined in large quantities from deep underground. However, there have been issues with asbestos, as it has been found out that it is highly toxic: it has been proven to cause a wide range of lung diseases such as lung cancer, asbestosis, mesotheliomia, and many others.

Exposure to asbestos often occurs in the workplace, although they can also happen at home or in the community. Most victims of asbestos poisoning are workers who are directly in contact with the mineral, while their families are also at high risk of developing asbestos-related problems because of second-hand transfers. Although there are different types of asbestos, these differences can only cause different types of health risks. Because it may take years for these risks to develop, workers are often unaware that they are sick until it’s too late.

As Habush Habush & Rottier S.C. ®, has indicated, serious personal injuries can come in a number of ways, and developing life-long health complications because of long-term exposure to asbestos can be grounds for a personal injury claim. After determining that the asbestos and being exposed to it for long periods of time is the cause of your lung problems, then a worker can recover a significant amount of financial compensation. Even when most asbestos companies have shut down, courts have required them to set aside huge amount of sums for compensation to future victims.

Because of the huge number of people who have worked with and were affected with asbestos, class action claims have become popular and are more effective in getting back to the company or insurance company that represents them. As stated on the website of the Disparti Law Group, the efficiency of class action claims enables everyone on to have equal share of the amount awarded if the case is won, and if they don’t then the lawsuit is dismissed and prevents the individuals filing individual lawsuits.

Class action claims are not for every personal injury lawsuit; they are only applicable when a good number of people have the same injury because of one defendant, product, or behavior. Those who have the join together with the same cause often have successful results.

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Avoiding Medical Malpractice through Choosing the Right Physicians

Posted by on Oct 18, 2013 in Medical Malpractice, Personal Injury | 0 comments

Choosing the right doctor for any type of surgery or treatment may be a life or death decision: a lot of people have already fallen victim to many medical malpractices. According to the law firm Crowe & Mulvey, LLP, medical malpractice can take on many forms, from improper treatment, delayed diagnosis, hospital negligence, surgical errors, and other malpractices. Although compensation can be given to the victim, it may not be enough to pay for the trauma and damages that the victim may suffer throughout his or her life.

As the public’s awareness and acceptance of plastic surgery has evolved over the years, millions of people around the world are prepared to undergo cosmetic procedures to alter or enhance any aspect of their appearance. Because of the huge number of demand for these procedures, there has also been an increase for cosmetic surgery lawsuits. In order to avoid being a victim, you need to know how to protect yourself and choose the right doctors.

In order to avoid such health and legal complications, the first thing to do before going under the knife is to research about potential surgeons that are listed in your area. Make sure they are board-certified; this means they have completed a three-year or five-year training in general surgery and at least two years specializing in cosmetic surgery. Another thing is that you need to check their background in order to know if they have been charged with malpractice in the past. It also helps to ask the surgeon if they have hospital privileges, since hospitals do background checks (even if you are having the procedure at an outpatient clinic).

As testified on the website of Nancy Shibayama, M.D., Botox is one of the most common and often requested procedures, and if you want to have this done to you it would be proper to learn more about it in order to be armed with necessary questions you might need to ask the surgeon. Knowing what to ask and staying informed can help in understanding the risks that come with any procedure. Lastly, be cautious once the surgeon suggests multiple procedures as it can increase the risks. Multiple surgeries done all at one time can be strenuous for the body, and can put your health at risk. Being too careful is really necessary when you are putting your health in the hands of another person to alter.

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What to Do if You’re Injured on a Cruise Ship

Posted by on Oct 16, 2013 in Cruise Ship Law, Personal Injury | 0 comments

Going away for a vacation can have a lot of benefits: it can take away your tiredness, breaking away from all the stress that life can give. There are a number of options on where to go or what to choose for a vacation; however cruise ships often provide the option of going to many different places and meeting different people in one package. According to Vucci Law Group, P.A., millions of Americans take cruise ships to different destinations around the world every year. What they don’t know is that they are at risk of many dangers and personal violations while they are on these trips.

There are a lot of injuries that can happen during a trip on a cruise ship, such as food poisoning, slip and fall, and many others. Anyone has the right to file a personal injury claim if they have been injured because of the negligence or obvious disregard for safety of another person. Because cruise ships have the responsibility of ensuring the safety of their passengers, they can be held accountable for any injuries that may occur while they are on board.

As anything can happen to just about anyone at any given time, people who have chosen to go on a cruise ship can do something that can help prevent accidents. Always be aware that the conditions on a cruise ships are dynamic environments that can allow for possible dangerous situations such s slippery decks, contaminated food, fires, violent ship movements, and other health hazards. A person can also become a victim of assault while on-board, as well as sexual assault.

Although statistics for injuries during a cruise ship are low and they are generally safe, it still helps to know what possible risks are and how to protect yourself. It is not enjoyable when you are in a cruise ship while you are suffering from an injury. Educate yourself before leaving for a cruise ship. Better understanding of the realities that can possibly happen while on a vacation means you’ll be getting the best of your time away.

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Wrongful Termination after a Workplace Injury

Posted by on Oct 12, 2013 in Employment Law, Workers' Compensation | 0 comments

Work can be stressful, even when you are doing your dream job. There are things that may sometimes get the best of you, causing you to lower your guard and get injured in the process. Workplace injury is a very common thing that can happen to just about anyone. Even the most careful worker can be injured because of negligence of another worker, which can account for worker’s compensation benefits. However, be informed that being injured in the workplace is not grounds for termination.

A lot of workers who have been away from work for a long time due to injury or sickness and are on worker’s compensation have expressed their worries about being fired by their companies. This is why it is important to know that each and every worker is protected by various laws against unlawful termination, such as the from the Department of Labor, civil rights act, Equal Employment Opportunity laws, according to Cary Kane LLP. Loss of employment because of long absences due to workplace injury constitute for wrongful termination that can be a basis for a job loss lawsuit.

Because workplace injury covers a worker’s right for compensation, it is against the law for an employer to discriminate or fire a worker because of absences caused by the injury and the rehabilitation that comes with it. Based on an article from Scudder & Hedrick, PLLC, if you have a contract with an employer that guarantees a certain time frame and then these terms are violated, then you can contact an employment attorney to help you in your legal action.

When filing for wrongful termination because of workplace injury, it is important to remain calm and be honest about all the details to your employment lawyer. Being loud, angry or fighting with your employer can be too risky as it can be used against you, making you lose integrity in your case. When you have already filed your lawsuit, inform your lawyer beforehand about contacting your employer, co-worker or anyone that is associated with the case. Most wrongful termination cases are aimed for monetary compensation, although a worker can ask for reinstatement of employment and/or penalties that can be placed on the company that is at fault.

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