Personal Injury Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Personal Injury including: animal bites, asbestos mesothelioma, back and neck injury, bicycle accident, birth injury, brain injury, burn injuries, catastrophic injuries, construction accidents, construction injuries, defamation, libel and slander, defective products, industrial injuries, mass tort, negligence, nursing home abuse, pedestrian accident, personal injury, premises liability, product liability, sexual abuse, slip and fall, spinal cord injury, torts, toxic mold, toxic torts, workplace injuries and wrongful death.
Jones v. Mariner Health Care of Deland, Inc. (955 So.2d 43)
March 8, 2012 By Rosenfeld Injury Lawyers
Case: Jones v. Mariner Health Care of Deland, Inc. (955 So.2d 43) Parties: Plaintiff (Appellee) - Estate of Clara Jones (Deceased) - Defendant (Appellant) - Mariner Health Care of Deland, Inc. Court: Court of Appeals of Florida (2007)
Beebe Medical Center, Inc. v. Bailey (913 A.2d 543)
March 8, 2012 By Rosenfeld Injury Lawyers
Case: Beebe Medical Center, Inc. v. Bailey (913 A.2d 543) Parties: Plaintiff (Appellee) - Bailey, as Administratrix of the Estate of Julie Bailey (Deceased)- Defendant (Appellant) - Beebe Medical Center, Inc. Court: Supreme Court of Delaware (2006)
Wilcox v. Schwartz
March 8, 2012 By Rosenfeld Injury Lawyers
Case: Wilcox v. Schwartz Parties: Plaintiff (Appellee) - Wilcox - Defendant (Appellant) – Schwartz Court: Appellate Court of Connecticut (2010).
Salas v. Grancare, Inc. (22 P.3d 568)
March 8, 2012 By Rosenfeld Injury Lawyers
Case: Salas v. Grancare, Inc. (22 P.3d 568) Parties: Plaintiff (Appellee) - Salas, representing a class of nursing home residents (both deceased and living) - Defendant (Appellant) - Grancare, Inc. Court: Colorado Court of Appeals (2001).
Montoya v. Trinidad State Nursing Home (109 P.3d 1051)
March 8, 2012 By Rosenfeld Injury Lawyers
Case: Montoya v. Trinidad State Nursing Home (109 P.3d 1051)Parties: Plaintiff (Appellee) - Montoya, on behalf of deceased husband - Defendant (Appellant) - Trinidad Nursing Home Court: Colorado Court of Appeals (2005)
Sababin v. Covina Rehabilitation Center (144 Cal.App.4th 81,50 Cal.Rptr.3d 266)
March 8, 2012 By Rosenfeld Injury Lawyers
Case: Sababin v. Covina Rehabilitation Center (144 Cal. App. 4 th 81,50 Cal. Rptr. 3d 266) Parties: Plaintiff (Appellee) - Sababin v. Covina Rehabilitation Cente r- Defendant (Appellant) - Covina Rehabilitation Center, Real Party in Interest; Respondent- The Superior Court of Los Angeles County Court: Court of Appeal, Second District, Division 2, California
Fireman’s Fund Insurance Company v. Care Management, Inc. (2010 WL 744994 (Ark.))
March 8, 2012 By Rosenfeld Injury Lawyers
Case: Fireman’s Fund Insurance Company v. Care Management, Inc. (2010 WL 744994 (Ark.))Parties: Plaintiff (Appellee) - Fireman’s Fund Insurance Company - Defendant (Appellant) - Care Management, Inc. Court: Supreme Court of Arkansas (2010)l
Chavez v. Avalon Care Center Tucson, L.L.C. (2009 WL 1124200 (Ariz.App. Div. 2O))
March 8, 2012 By Rosenfeld Injury Lawyers
Case: Chavez v. Avalon Care Center Tucson, L.L.C. (2009 WL 1124200 (Ariz. App. Div. 2O)) Parties: Plaintiff (Appellee) - Pamela Chavez, personal representative of Adolfo Chavez - Defendant (Appellant) - Avalon Care Center Tucson, Avalon Heath Care of Arizona, Avalon Health Care Management of Arizona, Heritage Management II, Inc., and Avalon Health Care Inc. (Collectively, Avalon) Court: Court of Appeals of Arizona (2009)
Sands v. Green (156 P.3d 1130)
March 8, 2012 By Rosenfeld Injury Lawyers
Case: Sands v. Green (156 P.3d 1130) Parties: Plaintiff (Appellee) - Sands - Defendant (Appellant) – Green Court: Supreme Court of Alaska (2007).
Mobile Infirmary Association v. Tyler (981 So.2d 1077)
March 8, 2012 By Rosenfeld Injury Lawyers
Case: Mobile Infirmary Association v. Tyler (981 So.2d 1077)Parties: Plaintiff (Appellee) - Robert Tyler as administrator of the estate of his mother, Lida Mae Tyler - Defendant (Appellant) - Mobile Infirmary Association Court: Supreme Court of Alabama, 2007
Effects of Zoloft on Fetal Growth
March 8, 2012 By McEwen Law Firm Ltd
Easier said than done, but if you can find a way to combat depression that doesn't involve Zoloft, especially during your third trimester, then those risks to your child are dramatically reduced. Certain birth defect risks, such as pulmonary hypertension, have been reported to increase 600% when mothers took Zoloft in their last trimester.
Four Subway Deaths in 24 Hours — Some Safety Reminders
March 8, 2012 By Kahn Gordon Timko & Rodriques P.C.
Subways, buses, and public transportation are the preferred and most convenient mode of transportation for millions of New Yorkers. This convenience comes with some safety concerns, as evidenced by four recent fatal subway accidents. Subways and buses are the preferred mode of transportation for millions of New Yorkers every day. Not only is public transportation convenient, but it also helps protect the environment.
New York Traffic Deaths at All-Time Low; City Wants Even Lower
March 8, 2012 By Kahn Gordon Timko & Rodriques P.C.
New York has seen record-low rates of traffic deaths, and Mayor Michael Bloomberg has credited much of it to money the city has spent on safety improvement projects such as raising public awareness and implementing several safety programs. N.Y. city officials recently installed 1,100 pedestrian countdown signals at crosswalks. The signals, which show pedestrians how long they have to cross a street, have been placed at high-injury intersections.
The Use of Social Media in the Court Room
March 8, 2012 By Hecht, Kleeger & Damashek, PC
Social media is an important aspect of our society. In many ways it has brought the world to our fingertips. Among the many uses for it, it has found its place in legal matters, providing evidence in some cases through the profile pages and updated statuses of those that are in the midst of a trial. The advancement of social media has made many changes to the time.
Depositions
March 8, 2012 By Fisher Stark Cash, P.A.
What are depositions and how do they work with personal injury claims? At its core a Deposition is simply recorded testimony, a way to gather information. Depositions typically happen outside the courtroom but act in the same way as if they were conducted in a courtroom. As in court, the person (sometimes called the defendant) is under oath, the attorneys are present, and any information obtained may be admissible in court during trial.
Common Questions about Medical Malpractice
March 7, 2012 By The Law Offices of Joseph M. Lichtenstein, PC
Every year, approximately 1.5 million people are injured or killed due to medical malpractice. If you or a loved one were harmed because a medical professional or hospital made a mistake, they could be held liable for what they have done. Those who have been victimized by the negligence or carelessness of a doctor, nurse, or medical organization, most likely have many questions going through their mind.
Types of Offshore Accidents
March 7, 2012 By Arnold and Itkin LLP
Common offshore accidents include falling objects, falls, fires and explosions. Offshore injuries incurred from these accidents can include severe burns, head trauma, back injuries and even drowning. Oil platforms, sometimes referred to as oil rigs, are large structures that are designed to drill wells and extract oil and natural gas. These platforms also store the product for a time until it can be transported back to land.
Seat Belt Laws May Help Reduce Number of School Bus Injuries
March 6, 2012 By Weinstein & Scharf, P.A.
In the past few years, a string of school bus accidents has led school and government officials to raise questions about the safety of school children. As of now, there are only six states in America that require large school buses, weighing over 10,000 pounds, to have seat belts. California, Louisiana, New Jersey, New York, Texas and Florida have adopted this law to safeguard students against serious injuries in the event of a school bus crash.
Alabama Loss of Consortium Claims
March 6, 2012 By Drake Law Firm
An injured individual may have many causes of action that stem from an accident. This article explores Alabama's loss of consortium claim that allows an uninjured spouse to bring an action arising from an accident that injures his/her spouse.
Practical Tips for Avoiding Truck Accidents
March 5, 2012 By Weinstein & Scharf, P.A.
Large commercial trucks are always present on the roads and highways of America, and they are accountable for over 500,000 accidents every year. The United States Department of Transportation (USDOT) also states that commercial truck accidents account for 98% of annual traffic fatalities that involve automobile drivers. While it is a good idea to try to avoid driving behind or beside a commercial truck such as an 18-wheeler, it is impossible to avoid doing so at times.
Limitations of Personal Injury Claims in California State
March 5, 2012 By Mesriani Law Group
Filing a personal injury lawsuit in the State of California is no easy task because of the complex and specific requirements it demands. Consequently, California personal injury claimants must be aware of the limitations concerning filing an injury case to avoid compromising their claim.
A Graphic Example of Nursing Home Negligence: Amputation of a Leg Due to Untreated Bed Sores
March 5, 2012 By Rosenfeld Injury Lawyers
One of the more tragic cases, my office is working involves a woman who developed pressure sores on her heels during an admission to a New Mexico nursing home. Despite the fact that the woman was bed-bound, the facility took virtually no preventive measures to avoid pressure sores. In fact, by the time the staff at the nursing home began to treat the wounds, much of her heels and feet were covered with necrotic tissue.
"Care Bundle" Strategies May Help Hospitals Prevent Birth Injuries
March 5, 2012 By Rosenfeld Injury Lawyers
Given the state of our high-tech delivery rooms, it might seem contradictory that most major birth injuries occur as a result of simple human communication problems. We like to assume ALL doctors know exactly what they’re doing, at all times. Especially during the high-stress experience of labor. But study after study has proved that teamwork breakdowns are more threatening to a baby’s health than anything else - simply because there’s so much to keep track of, at such a risky time.
What is a Uterine Rupture and does it Pose a Danger to Mother or Baby?
March 5, 2012 By Rosenfeld Injury Lawyers
A uterine rupture is a tear in the wall of the uterus. Accounting for ninety percent of all cases, uterine rupture is most common among mothers who have had a previous cesarean section. During contractions the extra stress can cause the previous incision scar tissue to expand and stretch, and can eventually stretch thin enough to give way.
What Can Doctors do to Prevent Newborn Jaundice or Hyperbilirubinemia?
March 5, 2012 By Rosenfeld Injury Lawyers
Jaundice or neonatal hyperbilirubinemia is a straightforward medical complication that if left untreated or treated improperly, can have a devastating consequence on the rest of an infant’s life. Jaundice is a yellow discoloration of the skin and whites of the eyes. A yellow pigment called bilirubin builds up in the blood, causing the discoloration.
What are the Risk Factors for a Child Developing Cerebral Palsy?
March 5, 2012 By Rosenfeld Injury Lawyers
Just as there are particular types of brain damage that cause cerebral palsy, there are also certain medical conditions or events that can happen during pregnancy and delivery that will increase a baby’s risk of being born with cerebral palsy. Research scientists have examined thousands of expectant mothers, followed them through childbirth, and monitored their children’s early neurological development to establish these risk factors.
Study: Ultrasounds Could Help Reduce Premature Birth Rate
March 5, 2012 By Rosenfeld Injury Lawyers
One of the scariest parts of becoming a parent - aside from the roller-coaster ride of pregnancy - is the possibility of having a “preemie,” or baby born before 37 weeks. All premature babies have an increased risk of serious medical complications, and usually begin their lives in the hospital’s “NICU” - neonatal intensive care unit.
C-Diff Infection Alleged to Blame for Death of Nursing Home Patient
March 5, 2012 By Rosenfeld Injury Lawyers
A recently filed wrongful death lawsuit claims that clostridium difficile, or commonly known as C. Diff, is to blame for the death of a patient in an Illinois Nursing Home. The lawsuit alleges two short-term stays at Helia Healthcare facilities (Helia Healthcare of Energy and Helia Healthcare of Benton) are to responsible for the man's C. Diff infection and development of decubitus ulcers. It is further alleged that these medical complications contributed to the man's death.
What Impact Does Hypoxic Ischemic Encephalopathy, or Oxygen Deprivation, Have on a Newborn Baby?
March 5, 2012 By Rosenfeld Injury Lawyers
Hypoxic Ischemic Encephalopathy is a condition in which the brain does not receive enough oxygen, which can occur during a difficult labor and delivery. The consequences can be severe and can include life-long complications. When a baby is deprived of oxygen during labor and delivery for over a five-minute period of time they can suffer from many types of long-term damage including learning disabilities, delayed development, seizures, and cerebral palsy.
Can Group B Strep Infections Contribute to Birth Injuries?
March 5, 2012 By Rosenfeld Injury Lawyers
Group B Strep infections can be particularly scary for expectant mothers because anyone, even healthy mothers, can carry GBS and may not even display any symptoms. Group B Streptococcus (Streptococcus agalactiae, group B strep, or GBS) is a gram-positive streptococcal bacterium commonly found in the intestines and lower genital tract. In adults, it is usually harmless, but mothers can pass GBS to their babies during delivery.
New Research Suggests Correlation Between Low Apgar Scores and Cerebral Palsy
March 5, 2012 By Rosenfeld Injury Lawyers
Within the first few moments babies are pulled from the womb doctors administer the first test of their young lives. Known as an Apgar score, doctors use the scale to evaluate each infant’s physical condition --- and determine if there are any deficiencies that require additional medical attention— or that need to be monitored.
Complications During Pregnancy, Such as Uterine Rupture, Put Mother at Risk
March 5, 2012 By Rosenfeld Injury Lawyers
Every day in the United States, more than two women die from pregnancy complications. An Amnesty International 2010 report (Deadly Delivery: The Maternal Health Care Crisis in the USA) revealed that women in the United States have a higher lifetime risk of dying from pregnancy complications than women in 40 other countries. A woman's chance of dying in childbirth in the United States is five times higher than in Greece, four times higher than in Germany, and three times higher in Spain.
Sexual Side Effects of Zoloft
March 5, 2012 By McEwen Law Firm Ltd
Zoloft has been shown in several double blind studies to cause numerous sexual side effects for both men and women. Up to 70% of men on Zoloft experienced difficulties with ejaculation. For women on Zoloft, almost half experienced difficulties with orgasm. For both men and women, 12% had problems becoming sexually aroused, while on Zoloft.
Study: Hospitals Attempt to Bury Evidence of Medical Malpractice
March 2, 2012 By Knapp & Roberts - Personal Injury
A recent study indicates that hospitals bury evidence of medical negligence through underreporting and by refusing to perform autopsies. Hospitals in Arizona and across the country are burying their mistakes, according to a new study recently released by U.S. Department of Health and Human Services Inspector General Daniel R. Levinson.
Arizona Teen Car Accident Fatalities on the Rise
March 2, 2012 By Knapp & Roberts - Personal Injury
The rate of teen crashes increases in Arizona and across the country. Experts say that teens receive inadequate instruction on how to drive safely. The number of teen car accident fatalities in Arizona recently increased, reflecting a problem seen throughout the country.
Personal Injury: Wrongful Death
March 2, 2012 By Palumbo Wolfe & Palumbo
Have you lost a loved one in an accident? Were they fatally injured by a defective product or by medical malpractice? A wrongful death lawsuit is probably the last thing on your mind after the death of a loved one, but it could be the only way to get them justice.
Las Vegas Slip and Fall Lawyers Educate You on Your Rights
March 2, 2012 By Greenman, Goldberg, Raby & Martinez
Did you or a loved one come to enjoy the many tourist attractions of Las Vegas and end up with a fall instead? Slip and fall lawyers can help if you are visiting from out of town and sustain an injury. Whether you trip on unsecured carpet in a casino or slip and fall in your hotel’s lobby, seeking local, legal help is imperative to making your case.
Why Having a Las Vegas Dog Bite Lawyer is Important
March 2, 2012 By Greenman, Goldberg, Raby & Martinez
Unfortunately, millions of people seek the aid of a dog bite lawyer after being attacked. With the annual costs of medical treatments totaling $165 million, insurance carriers may not be covering all expenses. When your insurance no longer covers your treatment, where do you turn?
An Experienced Las Vegas Accident Lawyer will Advise Caution During Celebrations
March 2, 2012 By Greenman, Goldberg, Raby & Martinez
An accident lawyer in Las Vegas is the last thing on your mind this time of the year, right? Early summer in Las Vegas brings plenty of reasons to celebrate. So why think about injuries and legal cases? However, celebrations can often lead to reckless behavior. Party guests may not make wise choices, which could lead to injury. In fact, some mistakes may lead to the injury of another, prompting the need for an accident lawyer in Las Vegas.
Defending Your Rights in a Victorville Fall Accident
March 2, 2012 By Estey & Bomberger, LLP
After sustaining serious injuries in a Victorville fall accident, it is crucial to take pictures or notes of the possible causes of your accident. When property owners fail to provide a reasonably safe environment for guests, by maintaining their property and fixing potential hazards, in the event of a fall accident, victims may be eligible to file a personal injury claim for damages related to the accident.
Why Proven Trial Experience is Important to Your El Cajon Accident Claim
March 2, 2012 By Estey & Bomberger, LLP
When attempting to recover compensation for serious injuries, the legal skills and expertise of your El Cajon accident attorney can have a significant impact on the amount of compensation you will likely recover. An attorney with years of successful trial experience can increase the amount of compensation you recover several times greater than the settlement an unrepresented claimant is likely to receive.
Uninsured Motorist Case Settled for Policy Limits
March 2, 2012 By Rosenfeld Injury Lawyers
Rosenfeld Injury Lawyers has resolved an uninsured motorist case for $250,000 on behalf of a 41-year-old carpenter who sustained cuts to his face and injuries to his back and neck. The incident occurred when a hit-and-run driver veered into his lane of traffic and collided with him head-on.
Don't Bother Giving Statements to Insurance Companies After an Accident
March 2, 2012 By Rosenfeld Injury Lawyers
In the days following a personal injury accident, many injured people receive an outpouring of calls and messages from friends, family and.... insurance adjusters. While it may be easy to give the insurance adjuster a return call while in the call returning mode, the fact remains that insurance adjusters are not your friends.
Medicare Standards Require Nursing Home Patients to be Transported Safely
March 2, 2012 By Rosenfeld Injury Lawyers
Emergency medical and transportation services are a necessary component of a comprehensive medical care program. Ambulance services can be provided by: volunteer, municipal, private, independent and institutional providers. All providers must meet requirements set by State and local laws in order to ensure adequate services and safe transport.
Cars in Parking Lots Pose a Real Danger to Child - Pedestrians
March 2, 2012 By Rosenfeld Injury Lawyers
Over the past few weeks, I've been spending a lot more time shopping than I normally do. With a recent move, I've been hitting the Home Depot - Container Store - Bed Bath & Beyond circuit pretty hard. In addition to doing my part to jump start the economy, I've noticed just how dangerous the parking lots in these places can be for adult and child pedestrians alike.
Did Sloppy School Bus Driving Cause Crash and Injuries to Children?
March 2, 2012 By Rosenfeld Injury Lawyers
A school bus driver forgot one of the tenants of good winter driving-- keeping an adequate distance between vehicles-- when he swerved the bus to avoid hitting another car that apparently lost control. The bus landed in a ditch on the side of the road injuring six of the children inside. The six injured children were transported to Advocate Condell Medical Center.
'Dooring' Is an Under-Appreciated Danger Facing Bicyclists
March 2, 2012 By Rosenfeld Injury Lawyers
When a client tells me that they were involved in a bike accident, I begin to envision the horrific lay of the land as they are peddling down the street and a car ignores a traffic signal or is busy jabbering on their cell phone and..... whack... Well, not to say that the above circumstances don't happen-- and happen with a fair amount of frequency--- the truth is that there's another major component of bicycle injuries that tends to go unknown-- until it happens to you or your child.
It’s Time for Illinois to Recognize the Dangers Associated with Bike-Dooring Accidents
March 2, 2012 By Rosenfeld Injury Lawyers
Only recently have states and municipalities recognized the disastrous consequences dooring accidents can have on bicyclists in urban areas. Thankfully, many cities-- such as Chicago-- have recognized the importance of preventing these injuries by incorporating ordinances to protect cyclists from the unavoidable harm caused when a car door is quickly flung open in front of them.
Catastrophic Injuries
March 1, 2012 By Meyerkord & Meyerkord, LLC
If you were involved in an accident that was not your fault, you could be left dealing with life-altering injuries and disabilities. Learn more about the causes and ramifications of these injuries. A child paralyzed after being hit by a drunk driver. A young man loses a limb in a construction site accident. When people are reckless or careless, catastrophic injuries can happen at any time and at any place.
Should California Change Its Policy Toward Undocumented Immigrant Drivers?
March 1, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
California leads the nation in the number of undocumented immigrants living in the state, accounting for 2,570,000 of the 10.8 million people illegally residing in the United States in 2010, according to the U.S. Department of Homeland Security (DHS). Given that the state requires people to provide a Social Security number and proof of residency to obtain a driver’s license, this population undoubtedly contributes to the incidence of unlicensed driving.
Tort Reform: Beneficial for the State but Injurious for Its Citizens?
March 1, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
A recent article in the Orange County Register discussed debates going on throughout California on the subject of tort reform. The article cited the example of a Huntington Beach woman who had recently filed 48 lawsuits against the state over the course of a few months, underscoring the extent to which frivolous lawsuits plague the state. An attorney explains the issue and how tort reform can, in some cases, benefit the state and its citizens, and, in others, prove injurious for the latter.
Gun Flashlight Wrongful Death: A Case of Defective Design or Product Misuse?
March 1, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
SureFire is a California company that makes gun-mounted flashlights and weapons accessories used by law enforcement officials throughout the United States. Recently, however, a Dallas, Texas family sued the company, alleging that a bad flashlight design led to an inadvertent shooting and fatal personal injury. An attorney examines which argument concerning the cause of the death is more likely to prove successful in court: defective product design or product misuse.
Do Digital Billboards Distract Drivers?
March 1, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
Despite an effort in 2009 to impose a two-year ban on the construction of new digital billboards in Orange County, Los Angeles, and throughout California, there is currently no state law prohibiting these billboards from appearing up and down the sides of highways. Extensive controversy exists surrounding the potential for digital billboards to distract drivers and cause car accidents.
Does Federal Car Seat Crash Testing Account for Overweight Children?
March 1, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
The number of overweight and obese children in the United States has continued to grow, more than tripling in the past 30 years, according to the Centers for Disease Control and Prevention (CDC). In response to the increasing population of larger, heavier children, safety restraint manufacturers have introduced car seats with higher weight capacities.
California Building Codes: What Are the Consequences of Violations Causing Personal Injury?
March 1, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
Violations of California’s building codes resulting in serious or fatal personal injury have legal consequences for those responsible for the unsafe structure, whether the homeowners, builders, or architects. An attorney cites a recent case in which code violations proved fatal for an emergency responder to illustrate the dangers of incompliance with building laws and the consequences for the parties involved.
Two Years Later: Effects of West Virginia Coal Mining Explosion
March 1, 2012 By Fitzsimmons Law Firm
In April 2010, a coal mining explosion killed 29 men in southern West Virginia. Nearly two years have passed and the story is far from over. Upper Big Branch is a coal mine in Montcoal, West Virginia and is operated by Massey Energy. At 3:27 p.m. on April 5th, 2010, an explosion occurred over 1,000 feet deep in the mine. High levels of methane were detected in the mine and later an unknown cause sparked an explosion.
What You Need to Know About Class Action Lawsuits
There are too many instances of personal injury throughout the nation, and sometimes the accidents or acts of negligence which cause these injuries are widespread enough to affect more than just a single person. When groups of people are wrongfully harmed in an accident of any type, there may be legitimate cause for a class action lawsuit.
Elderly Driving: Is it Dangerous?
March 1, 2012 By McGee Lerer & Associates
Elderly driving – is it impacting our roadways and causing the accident rate to increase? Learn more about the potential dangers and threats that elderly drivers possess when behind the wheel. You’ve heard the stories of being “cut-off” or “rear-ended” by an elderly driver, yet you wonder if these drivers are truly posing a threat to other drivers on the road.
New Legislation to Prevent Truck Driver Fatigue
February 29, 2012 By Van Sant Law, LLC
Recently the Obama administration has approved of legislation to further regulate the amount of rest truck drivers are required to get while working. This law comes as a result of the high volume of trucking accidents that are caused every year because of truck driver fatigue.
Car Accident Insurance Claims and Adjusters
February 29, 2012 By Van Sant Law LLC
If you were involved in a car accident, there are probably many questions going through your mind. Understanding what your rights are concerning insurance claims is imperative in order to get the compensation you need. What many people do not realize is that the verdicts and settlements given out for car accidents are, for the most part, paid by the driver’s insurance company.
Accidents Caused by Driving While Texting
February 29, 2012 By McGee, Lerer & Associates
Laws banning texting while driving exist for very specific reasons. As such, these laws are just as important as any other and deserve to be followed equally as closely. Failure to do so could create accidents catastrophic enough to end in serious injury or even fatality.
Filing an Injury Claim for Whiplash
February 29, 2012 By Meyerkord & Meyerkord, LLC
Whiplash is one of the most common injures incurred during a car accident. Severe whiplash injuries can have a serious and devastating impact on a person’s life, and victims of whiplash may be able to file a claim and seek compensation for their pain and suffering.
Annular Tears: About the Injury
February 29, 2012 By McGee Lerer & Associates
One of the most painful of spinal injuries that can occur – and one of the most frequent – is that of the annular tear. In this article, we will address just what this injury is, as well as some of the common symptoms and medically accepted forms of treatment. To understand what an annular tear is, one must first understand the anatomy of the spinal cord.
Zoloft Discontinuation Syndrome
February 29, 2012 By McEwen Law Firm Ltd
What is Zoloft discontinuation syndrome? - Zoloft discontinuation syndrome is the technical term for what occurs when patients experience 'Zoloft withdrawal', or stop taking Zoloft too suddenly. There is no way to tell in advance if one will experience withdrawal symptoms – it is determined by numerous factors such as the dosage, how the patient was taken off the drug, metabolism, etc. The withdrawal symptoms can be severe and can last several weeks.
When Should I Speak With a Lawyer After a Car Accident or Truck Wreck?
February 29, 2012 By Amaro Law Firm
Questions after a car or truck accident. After a car accident or truck wreck, people sometimes feel overwhelmed with the entire process of returning to life as normal. Car accidents and truck wrecks can leave people injured and without transportation, both of which affect everyday life.
Mesothelioma
February 29, 2012 By Schultz Legal Group
Mesothelioma is a type of rare cancer that is caused by exposure to asbestos and the inhalation of asbestos particles. Asbestos is a set of naturally occurring silicate minerals that is used commercially for its resistance to fire, heat, and electrical damage and applied for use in electrical insulation and building insulation.
Should California Implement Measures to Prevent Distracted Walking and Cycling?
February 28, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
In recent years, distracted driving has received widespread government and media attention, from laws in California and elsewhere prohibiting text messaging and talking on cell phones while driving to educational campaigns and public service announcements featuring celebrities, explains an attorney.
How Have Past Tobacco Lawsuits Impacted Outcomes for Plaintiffs Today?
February 28, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
Tobacco litigation in the United States has been going on since the 1950s when the first reports were released linking tobacco to injurious health consequences, such as cancer, explains a lawyer. Although the first big win for plaintiffs came in the California case Henley v. Philip Morris, battles continue to rage on regarding what tobacco companies’ obligations are to smokers personally and to the public at large.
Product Misrepresentation: How California Law Protects Consumers
February 28, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
A Southern California woman recently made headlines after she personally sued Honda in small claims court when her car failed to live up to promise mileage standards, resulting in financially injurious consequences for her. The woman, Heather Peters, was awarded $9,867 from the small claims court judge and is encouraging others to follow her lead in making claims against Honda. A lawyer examines her case and explains the laws protecting consumers from product misrepresentation.
Elder Abuse and Psychotherapeutic Medications: When Has the Law Been Broken?
February 28, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
A 68-year-old California woman is claiming to have suffered the injurious consequences of abuse while in a nursing home and has filed a lawsuit against the Orange County care provider. The woman, a retired preschool teacher, claims she was drugged in an attempt to restrain her so the nursing home could begin collecting her social security check. An attorney explains the laws the nursing home may have violated.
Premises Liability: When May You Hold a Property Owner Liable for Your Injuries?
February 28, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
Under California law, a person who is injured due to an owner’s negligent management of his or her property may be entitled to compensatory damages. However, determining negligence depends on certain circumstances, including the duty the owner owes visitors to ensure their safety. A lawyer explains how this duty can shift with the context of the situation, citing an accident at an Orange County amusement park as an example.
Will Crocs Be Held Liable for an Orange County Child’s Injury?
February 28, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
At the end of January 2012, an Orange County, California couple added their names to the growing list of parents suing the shoe company, Crocs Inc. Crocs has settled with at least five families after their shoes allegedly caused escalator injuries. An attorney examines the case and explores the likelihood of the company being held liable for the child’s injuries.
Will New Fuel Economy Standards Jeopardize Safety of American Drivers?
February 28, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
In the past, new fuel economy standards have resulted in the production of smaller vehicles that fail to adequately protect occupants from suffering serious or fatal personal injuries in collisions. The federal government’s proposed CAFE standards have elicited concerns among safety advocates and lawyers in California and elsewhere for the safety of American drivers.
Types of Car Accidents that Can Occur
February 28, 2012 By Squires and Associates, P.C.
When it comes to car accidents, there are various types that can occur depending on the circumstances surrounding the accident. Every year car accidents claim the lives of thousands. In 2009 alone, almost more than ten million motor accidents occurred and over 35,000 lives were lost as a direct effect. Throughout all of these incidents there are various types of car accidents that can happen as a result of unsafe roadway conditions, negligent drivers and other factors.
Alabama Dog Bite Law
February 28, 2012 By Drake Law Firm
This article provides a brief overview of Alabama dog bite law. Many apartment complexes and homeowner associations are beginning to place limits on the breed of dogs that owners and tenants may own. These breed restrictions come in response to a recent increase in serious dog-bite injuries.
General Guidelines for California Product Liability Claimants
February 27, 2012 By Mesriani Law Group
Product liability lawsuits are among those personal injury claims that are very difficult to assert for, much more, to win. Thus, any product liability claimant must learn the basics involved in this type of personal injury claim. Legal - Definition of Product Liability - Generally, product liability is attributed to a manufacturer, seller, or retailer being held liable for producing or selling a defective product to the public.
What to do After a California Wrongful Death Construction Accident
February 27, 2012 By Estey & Bomberger, LLP
The construction industry has one of the highest rates of fatal and injury workplace accidents in the United States. A construction site offers workers a unique set of hazards that was the cause of more than 800 construction fatalities in 2010, accounting for approximately one-fifth of all fatal workplace accidents of that year.
The Importance of Retaining a Local Victorville Motorcycle Lawyer
February 27, 2012 By Estey & Bomberger, LLP
Intersections are the most likely location for motorcycle accidents. Every year, numerous motorcycle accidents occur because of driver negligence and failure to respect the motorcyclist’s right of way. In 2009, the California Highway Patrol recorded four fatalities and fourteen injuries resulting from motorcycle accidents.
Asbestos Exposure and Naval Veterans
February 27, 2012 By Rudolph F.X. Migliore, P.C.
Naval Veterans may have been exposed to asbestos during their service. This can lead to a number of harmful disease including lung cancer and mesothelioma. Lawsuits are now underway to help victims of asbestos exposure. Breathing asbestos has been associated with a multitude of medical ailments, including lung cancer and mesothelioma (a cancer of the lung lining).
Hip Replacement Problems
February 27, 2012 By Rudolph F.X. Migliore, P.C.
A number of patients who have implanted with hip replacements have experienced unnecessary pain and elevated metal levels in their blood. This leads to revisionary surgeries. Lawsuits are currently underway to recover medical expenses and for the pain and suffering caused by these defective medical devices.
Breastfeeding on Zoloft
February 24, 2012 By McEwen Law Firm Ltd
Currently there is a general consensus among medical professionals that Zoloft does pass through breast milk and it should only be taken by women who breastfeed if the benefits outweigh the risks. Quantifying both of these of course can be awfully difficult. According to WebMD, Sertraline (Zoloft) does pass through breast milk.
Property Damage Total Loss Claims and Insurance Company Use of CCC
February 24, 2012 By Wolpert Schreiber P.C.
If your car was totaled in a collision, there's a good chance that the Insurance Company will use CCC Information Services to generate a valuation. What you need to know. When your car is declared a total loss after a motor vehicle accident, many auto insurance policies, including many in Pennsylvania, provide that you will be reimbursed for the actual cash value (read: market value) of your vehicle.
Never Event #7: Surgical Site Infection
February 24, 2012 By Rosenfeld Injury Lawyers
According to the the Institute for Healthcare Improvement, 2.6% of the the 30 million operations performed each year are accompanied by a postoperative infection. Certain procedures account for a higher number of infections---some procedures have infection rates of up to 11%.
Poorly Monitored Medications May Put Children at Risk for Developing Stevens Johnson Syndrome
February 24, 2012 By Rosenfeld Injury Lawyers
One of the most profound cases I worked on involved a girl who was prescribed Bactrim by doctors at a medical clinic for complaints of a sore throat following an outdoor soccer match in cool weather. Soon after taking the medication, the girl began to develop bumps on her throat, followed by a skin rash. After several more visits to the clinic, the doctors advised the girls parents to continue with the Bactrim.
C-Diff Infection Alleged to Blame for Death of Nursing Home Patient
February 24, 2012 By Rosenfeld Injury Lawyers
A recently filed wrongful death lawsuit claims that clostridium difficile, or commonly known as C. Diff, is to blame for the death of a patient in an Illinois Nursing Home. The lawsuit alleges two short-term stays at Helia Healthcare facilities (Helia Healthcare of Energy and Helia Healthcare of Benton) are to responsible for the man's C. Diff infection and development of decubitus ulcers. It is further alleged that these medical complications contributed to the man's death.
Illinois Supreme Court Upholds Patients' Rights in Medical Malpractice Cases
February 24, 2012 By Rosenfeld Injury Lawyers
For the third time in recent years, the Illinois Supreme Court has rejected the State legislatures attempt to limit the rights of those who have been harmed by negligent doctors and hospitals. This most recent decision held section 2-1706.5 of the Code of Civil Procedure was unconstitutional because it violated the separation of powers between the judiciary and legislative branches of government.
What are the Early Signs that a Child May have Cerebral Palsy?
February 24, 2012 By Rosenfeld Injury Lawyers
The signs of cerebral palsy usually appear in the early months of life, although specific diagnosis is usually delayed until later. Parents are often the first to suspect that their baby’s motor skills aren’t developing normally. Infants with cerebral palsy frequently have developmental delay, in which they are slow to reach developmental milestones such as learning to roll over, sit, crawl, smile, or walk.
Underlying/Associated Diseases Not Diagnosed
February 24, 2012 By The Becker Law Firm
A misdiagnosis malpractice claim may lead to compensation if you were injured as a result of an undiagnosed underlying or associated disease. Contact a medical neglect lawyer.
When an Undiagnosed Aneurysm Leads to a Medical Malpractice Claim
February 24, 2012 By The Becker Law Firm
If you or a loved one was the victim of an undiagnosed aneurysm, you may be entitled to pursue a medical malpractice claim against the doctor. To learn what your rights are, you should seek counsel from a malpractice attorney in Cleveland, Ohio. When there is a failure to diagnose a serious medical condition, and it results in devastating consequences, liability may be found with the doctor. This may be a case of medical negligence.
What Impact does Hypoxic Ischemic Encephalopathy or Oxygen Deprivation, Have on a Newborn Baby?
February 24, 2012 By Rosenfeld Injury Lawyers
Hypoxic Ischemic Encephalopathy is a condition in which the brain does not receive enough oxygen, which can occur during a difficult labor and delivery. The consequences can be severe and can include life-long complications. When a baby is deprived of oxygen during labor and delivery for over a five-minute period of time they can suffer from many types of long-term damage including learning disabilities, delayed development, seizures, and cerebral palsy.
Are Cesarean Sections Helping or Hindering the Health of Mother and Infant?
February 24, 2012 By Rosenfeld Injury Lawyers
As a lawyer, who litigates birth injury cases, I've noticed that there is still quite a bit of confusion about c-section deliveries. I've noticed that many doctors fail to adequately explain the procedure to their patients and many times is is done so during a particularly stressful time--- like when the woman is in labor!!
Medical Malpractice and Nursing Homes
February 24, 2012 By Rosenfeld Injury Lawyers
Medical malpractice claims arise when people are injured by negligent or intentional acts of a licensed medical professional. Medical malpractice claims may involve a: doctor, nurse, psychiatrist, dentist, chiropractor, podiatrist, hospital, or other healthcare provider.
Proving Permanent Impairment in Your Personal Injury Case
February 23, 2012 By The Bottaro Law Firm, LLC
If you are not completely healed at the time you are considered to be at maximum medical improvement, your personal injury is considered a permanent impairment and you are entitled to compensation for this loss of function. This article reviews your legal options if you have a permanent medical impairment suffered from a personal or work-related accident.
Alabama Child Personal Injury and Contributory Negligence
February 23, 2012 By Drake Law Firm
Alabama law recognizes that a child's mental capacities are different from those of an adult. Thus, Alabama follows special rules for determining whether a minor has the requisite capacity to contribute to his or her own injuries and be barred from recovery pursuant to the defense of contributory negligence. This article provides an overview of Alabama child injury law and contributory negligence.
Limits on Nursing Overtime Can Reduce Medical Errors
February 22, 2012 By Davis Levin Livingston
Hawaii medical malpractice lawyers find a much higher risk of fatigue when nurses work for too many hours a shift or work overtime. Tired and sleepy nurses may be in danger of making possibly serious medical errors that could even lead to patient injury and death. A new study finds that states that have managed to set restrictions on nurse overtime create conditions that enhance patient safety.
Determining Your Rights in a Victorville Brain Injury Accident
February 22, 2012 By Estey & Bomberger, LLP
Traumatic brain injuries can be one of the most damaging injuries an individual can sustain in an accident. Brain injuries are one of the top injuries in motor vehicle accidents, bicycle accidents, slip and fall accidents, and sports accidents.
What is Wrongful Death under Michigan Law?
February 22, 2012 By Buckfire & Buckfire, PC
If you or a family member has lost a loved one due to an accident you may have means for a Michigan wrongful death lawsuit. Many people may ask, “What is wrongful death?” A wrongful death is defined as a death that resulted due to the negligence or misconduct of another person.
Michigan Medical Malpractice Attorneys Handling Medical Error Lawsuits
February 22, 2012 By Buckfire & Buckfire, PC
According to the Millennium Research Group, medical errors are the fifth leading cause of deaths in the United States, with up to 98,000 deaths annually. Research has found that medical errors are the third highest cause of death in the U.S., following heart disease and cancer.
Hospital Errors and Medical Malpractice Lawsuits in Michigan
February 22, 2012 By Buckfire & Buckfire, PC
Our medical negligence attorneys in Michigan represent plaintiffs in malpractice cases against Michigan hospitals and their staff members for hospital errors. Hospital errors are not uncommon, as they attribute to 225,000 deaths per year. However, the number may even be larger than that, as 80 percent of hospital errors go unreported by hospital employees, according to the U.S. Department of Health and Human Services (HHS).
Medication Errors and Michigan Medical Malpractice Lawsuits
February 22, 2012 By Buckfire & Buckfire, PC
1.3 million Americans are injured every year due to medication errors. These errors are preventable. The National Coordinating Council for Medication Error Reporting and Prevention, defines a medication error as any preventable event that may cause or lead to inappropriate medication use or patient harm while medication is in the control of the health care professional.
