An 18 wheeler accident can result in some of the worst injuries imaginable, giving the extreme difference in weight between a passenger vehicle and a commercial truck. In fact, a fully loaded big rig may weigh as much as 25 times more than a standard passenger vehicle, so most cars don’t stand a chance during a wreck. Given the potential for incredible damage, commercial truck drivers must always maintain control of their vehicle. The company that owns the truck or employs the driver should also maintain the truck to ensure it is safe while on the road.
What can cause an 18 wheeler accident?
Although commercial truck drivers tend to be safer than most other drivers, they are still involved in more than 3,000 fatal crashes a year, and more than 50,000 crashes that result in injury. There are a number of risk factors that can contribute to a crash, though driver error is by far the most common reason for a wreck. Commercial truck drivers are often pushed to their limits in the pursuit of arriving on time, so they may be incentivized into making dangerous maneuvers or driving while fatigued. This can easily lead to a crash.
The driver’s employer may also demand dangerous hours from their employees, or fail to maintain its vehicles at an acceptable level. It is required by law that a commercial truck company performs regular inspections on its vehicles. This will reduce the likelihood of an 18 wheeler accident and ensure mechanical issues are identified before they become imminent threats. If mechanical failure is responsible for a crash, the vehicle or part manufacturer may also share liability for any injuries. When a commercial truck wrecks, the state will send an independent investigator to verify whether the crash was the result of a mechanical issue or not.
When possible, an attorney will bring a claim against multiple defendants, as this will increase the chances that a victim gets the compensation they need. Although driver error is common in an 18 wheeler accident, the driver and the victim’s insurance company may not be able to provide the needed compensation to cover the victim’s medical bills. If multiple defendants are involved, an attorney will have a better chance of acquiring restitution.
With the immense physical forces involved, it’s common for people to sustain permanent or long lasting injuries. If the victim sustains a permanent injury, it will be particularly important for the victim to consider getting help from an attorney. Personal injury attorneys will be able to calculate a victim’s injuries and fight for compensation that may help the victim be able to afford things like physical therapy going into the future.
It’s not always easy organizing a claim and seeing it through to the settlement process, but an attorney will provide the needed expertise and structure.
Accidents are a fact of life; however, there are some instances when one may be injured due to the lack of attention paid by others, and an accident attorney will know how to best represent the injured party. Workplace incidents often occur because someone failed to properly maintain equipment, because obstructions are left in walkways, or because someone did not exercise common sense. In these cases, one may be a victim of workplace mishap that will result in injuries that can range from simple scrapes and bruises, to more serious injuries which can impact their ability to work. Whenever one is involved in a workplace incident, it is a good idea to contact an accident attorney. Worker’s compensation claims will have to be filed, and too often they are denied.
After notifying the employer and getting the medical attention needed, one should consider seeking competent legal assistance in the matter.
In addition to workplace misfortunes, there are many other types of incidents that warrant a person exercising their right to hire an accident attorney. For example, slipping and falling in malls or grocery stores, office buildings or even walking down the street. Unfortunately, these types of mishaps can often result in serious injuries ranging from broken ankles to fractured skulls. Chances are that after an incident like this, the injured person will often lose time from work, need time in the hospital to care for the injuries and may even need rehabilitation. All of these things will cost money and should be paid by the person responsible for the mishap. Once the incident has been reported to the proper person, medical attention will need to be sought. Contacting an attorney that specializes in this area can help ensure that the injured party is not paying thousands of dollars out of pocket in order to receive treatment for an injury that could have been prevented.
Many people do not think about what can happen if they are injured at home and think that they can’t get help. However, it’s important to remember that home injuries can often result from a defective product. Electronics, appliances and a host of other items in the home can be defective and result in serious injury that oftentimes can only be addressed by hiring an accident attorney. Unfortunately, quality control processes can go wrong – after all, quality control is done by humans in most cases, and sometimes things are errantly overlooked. This means a small appliance can cause a fire, food can contain harmful bacteria, and everyday cleaning solutions can cause burns, rashes or a host of other problems. It is important to understand that not every home accident is the fault of a consumer, sometimes they are the fault of the manufacturer.
There are a lot of reasons for contacting an accident attorney including car accidents, playground mishaps and workplace incidents. Any time someone has been injured, they may have the right to seek compensation for their injuries, regardless of where they were when it happened. It is important for consumers to protect their interest, and oftentimes this means hiring a legal representative who understands the rules when it comes to filing a suit after any type of incident.
Originally manufactured and sold by Hoffman-La Roche, Accutane is best known for its use in treating cystic acne. Acne is something that many people look back on with dread, and it can cause great psychological distress in a teenager, but sometimes the treatment is worse than the condition, and that is often the case with isotretinoin (the drug’s trade name). Isotretinoin is not like the over the counter topical agents or face scrubs that people are most familiar with when treating acne. It is a powerful substance that was originally designed to prevent some skin cancers. However, Hoffman-La Roche soon noticed its ability to ameliorate some forms of acne.
What went wrong with Accutane?
Isotretinoin has been around for a long time, and in 1971, researchers testing it for use in cancer determined it was much more effective in improving acne. These observations were corroborated by several other research groups in the years following, and in 1982, the FDA approved it for use. Its path to approval in Europe was much tougher, as doctors there were worried about its propensity to cause birth defects.
That was also a fear in the U.S., as isotretinoin is a known teratogen. This means that it has a demonstrable and deleterious effect on a fetus, causing severe and permanent birth defects. In isotretinoin’s case, birth defects can include profoundly malformed ears, head or face, along with impaired vision or hearing, or mental retardation. It has also been linked to more than 1,000 miscarriages and several thousand terminations due to severe fetal abnormalities. These birth defects can appear even with extremely short-term use of the drug during pregnancy. In response to these fears, the FDA took unprecedented steps in curbing its prescription in pregnant women, even regulating blood donations and placing the dreaded “black box” label on its packaging.
This wasn’t enough, though, as half of prescribing doctors failed to test women for pregnancy before giving the medication out, needlessly exposing thousands of unborn children to the drug. The FDA created the iPLEDGE program in 2005 to register and qualify women before taking Accutane.
While the iPLEDGE system worked, other side effects with isotretinoin started gaining awareness. In particular, its role in inflammatory bowel disease and ulcerative colitis was gaining notice. Both conditions can result in debilitating digestive issues, causing pain, constant diarrhea, persistent nausea, and other unpleasant effects. Several lawsuits, including a $25 million judgment, have asserted that isotretinoin caused their inflammatory bowel disease or ulcerative colitis, and in many cases these lawsuits confirmed their assertion. Higher rates of depression, suicidal ideation and suicidal tendencies have also been noted by researchers, and at least 13 people have committed suicide after ceasing use of the drug.
With so many fears regarding Accutane, Hoffman-La Roche ceased production of the medication in 2009, though it still sells it outside of America. Still, there are many people who are preparing for their day in court, as Accutane continues to produce side effects in many who have been prescribed it, or a generic version of the drug. With several claims already decided on, there is a foundation for these claims, and experienced drug injury lawyers can use them to assist their own clients.
Antidepressants, and particularly those belonging to the selective serotonin reuptake inhibitor (SSRI) class of drugs, have been in widespread use for decades. But even with all of the research and media coverage of the medications, doctors still aren’t completely sure how they work. They do know that the drugs are responsible for increasing the concentration of serotonin, an essential neurotransmitter, in the brain, but exactly how this interacts with mood or well-being is not precisely clear. What is clear, though, is that there are significant side effects linked to this class of medications.
Some of the most common SSRIs linked to adverse effects include Prozac, Paxil, Zoloft, Lexapro, Celexa, Effexor, and Serzone.
What are the concerns with SSRI antidepressants?
Whenever a medication alters the balance of neurotransmitters in the brain, the effects can be widespread and unpredictable. Serotonin is believed to govern many of the body’s processes to some extent, so it’s no surprise that there are many adverse complications associated with SSRI use. For example, almost all SSRIs are linked to a greater risk of bone fractures, a risk that can be twice as high in some people. Many can also result in movement disorders, including akathisia, which is characterized by a persistent feeling of restlessness and constant fidgeting. It can be extremely debilitating to deal with on a daily basis, and it is linked to drugs like Paxil and Prozac.
However, the two complications that antidepressants are associated with the most are birth defects and suicidal tendencies. SSRIs are strongly linked to a severe heart malformation known as persistent pulmonary hypertension of the newborn (PPHN). One study found that fetuses exposed to SSRIs after the 20th week of pregnancy were six times more likely to develop the condition. PPHN occurs when the child’s circulatory system does not adjust to operating outside of the womb, leading to dangerously low blood oxygenation and pulmonary hypertension. If not treated right away, it can be fatal, and even those that survive are at a higher risk of developing hearing and neurological complications. And treating PPHN is an expensive, emotionally taxing process that requires separation between child and parent at times. It can be traumatic for many.
The link between SSRI antidepressants and suicide is not as firmly established, but several studies have at least produced a noticeable link. This includes a pair of studies in England that demonstrated greater rates of self-harm in people taking SSRIs. The FDA has released several warning reports about the possibility of depression, suicidal ideation, and suicidal tendencies in patients. These warnings are often aimed at children, who are frequently susceptible to the profound effects SSRIs can have on the brain.
With so much research coming out against SSRIs, it’s no surprise that they have been the subject of many lawsuits. Paxil, in particular, and its manufacturer GlaxoSmithKline, have sustained repeated blows in the courts, forcing the company to pay out more than $1 billion to victims and their families. However, these drugs remain extremely popular for use in depression, and in many forms of off-label use, such as treating nausea. And while medical professionals are cautioned against prescribing them in pregnant women, it still happens to an alarming degree. So this and other antidepressants will likely continue to show up in drug injury cases going forward, and attorneys will continue to fight against the reckless pharmaceutical companies that release them without proper safety research.
For most people, asbestos is old news, and something that has been dealt with for the most part and is no longer a threat. Except that many workers are still feeling its effects, often to a deadly degree. This material was used extensively for decades, as it does offer excellent insulating properties and resistance to both heat and shock. However, with these benefits come risks, and now it is clear that the risks are too much to ignore. Construction workers, electricians, automotive and airplane mechanics, ship builders, firemen, and plumbers are just some of the workers that have been harmed by the material, and though renovation efforts have largely removed the material from buildings, many workers are still feeling its effects.
What makes asbestos so dangerous?
What makes this innocuous-looking rock so dangerous is precisely what makes it so useful. Over time, every rock develops millions and millions of microscopic crystals, each one shaped like a tiny harpoon. When mixed into other substances, like concrete, these crystals impart a number of beneficial qualities. It was also used extensively as insulation in attics and around plumbing, and also found its way into braking systems due to its ability to handle heat.
When the material is agitated, though, through any means, it releases those microscopic crystals into the air. They are so light that they remain suspended for a long time, and are easily inhaled by anyone in the vicinity. As soon as it is inhaled, asbestos becomes an immediate threat. Every crystal settles in the lungs, or even penetrates them to reach other tissues. The crystals are so small that they can even become entangled in cellular DNA, necrotizing tissue. The body’s response to the invader is ineffective, and result in a buildup of scar tissue as time goes on. Eventually, this tissue can become cancerous, a condition known as mesothelioma.
Mesothelioma is one of the deadliest cancers known to man, and its only confirmed cause is exposure to the material. Symptoms start as a cough or shortness of breath, and may move on to severe chest pain and an inability breathe. By the time a worker is diagnosed, they usually have only months to live, and there is no known effective treatment for the cancer. It is invariably fatal.
Who is responsible when a worker is exposed to asbestos?
The worker’s employer and the business responsible for manufacturing the material may both be liable, but it is important to note that nearly all asbestos manufacturers have gone out of business. However, many have been forced to leave behind funds for future victims, so it is possible for a victim to still file a successful claim and get the compensation they need for medical expenses and loss of wages. This may be the only way for a victim to provide for their family after they are gone, so it should be considered a primary option.
An attorney can help a victim expedite their claim and ensure that it is handled with the weight it deserves. Mesothelioma is a tragic, frustrating diagnosis, but a victim may still be able to get the closure they need with professional legal assistance.
An auto accident lawyer may see dozens of claims every year, as vehicle crashes are extremely common, and sometimes even deadly. Drivers often overestimate their ability to control their vehicles and take risks they shouldn’t, which is why the number one cause of vehicle crashes is driver error. And it’s no surprise that with so much driver error, negligence claims are common following a wreck. But who is responsible when a wreck occurs, and how can a victim demonstrate that they have been wronged? These are questions that an attorney can help a victim answer.
What will an auto accident lawyer look at when assessing a claim?
If a victim asserts that another driver was negligent in the operation of their vehicle, then the victim will have to prove a few things. For one, the victim will have to demonstrate that the defendant was actually negligent while handling their vehicle. As soon as someone enters the road, they are required to observe a basic duty of care. This duty, at its core, requires drivers to remain in control of their vehicle at all times and observe all changes to road conditions. This means noting when a pedestrian enters the road, when warning signs are apparent, and the likelihood of hazards appearing. If a driver breaches this duty, they will be considered negligent, but it doesn’t stop there. It’s worth noting that drunk drivers and drivers violating traffic laws are usually presumed to be negligent, unless they can provide a convincing explanation as to why they were not acting in negligence.
In addition to proving negligence, an auto accident lawyer will have to demonstrate that the victim’s injuries were the result of the crash. This can normally be proven through the use of medical records or doctor testimony, if a victim’s injuries are not readily apparent.
A victim may be able to sue for damages to their vehicle, medical costs, pain and suffering, lost wages, and complications due to long-term injury. Particularly violent crashes can leave the victim with serious, even permanent injuries, so an injury settlement can reach staggering amounts in some instances. However, these claims are often aggressively contested, so a victim will need some convincing evidence on their side.
An auto accident lawyer can review the details of the wreck and determine who is at fault, given the available evidence. An attorney will likely look at police reports for any mention of fault, check the victim’s medical records, and contact witnesses. If an official report of some kind backs up the victim’s claim, it can be a powerful tool in the proceedings.
Like during any other injury claim process, the attorney will guide the case from the initial consultation through the settlement negotiations. This dedicated representation ensures the victim is protected at all times from the insurance company’s attorneys, and that the victim has a forceful presence during settlement negotiations.
Having access to an aviation attorney isn't something that many people consider as a necessary part of their lives. While flying is statistically the safest form of transportation today, aircraft accidents do happen. Most large airline accidents make national headlines and are very well publicized. However, many smaller accidents on commuter craft and small planes may only make local headlines. This means having an aviation attorney to protect the rights of accident victims is definitely a necessity.
Although the Federal Aviation Administration (FAA) has to investigate any aircraft accident no matter how small, responsible parties such as the aircraft owners and insurance companies will want to close the case as soon as possible with a minimum of expense. This means they'll do everything possible to close the case and make payouts, possibly even before the FAA investigation is complete. With an experienced aviation attorney to protect the rights of the victims and their families, they'll help ensure that those affected by the accident receive the compensation they deserve.
Even though flying may be the safest form of transportation, the effects of an accident are usually very devastating. Without proper representation by an experienced lawyer, it's easy for an insurance company to take advantage of a victim and their family, especially if there is a death involved. However, with good representation, families can receive the compensation they are entitled to as the specialized lawyers understand the ramifications of losing a loved one in this manner. Not only are they able to accurately gauge important factors such as potential future earnings that an accident takes away, but they can establish other compensatory damages as well.
Losing a loved one or having a loved one whose life is irrevocably changed because of an aircraft accident not only places an emotional burden on the family, but can leave a heavy financial burden as well. Because of an accident, these financial obligations may be impossible for the family to take care of, through no fault of their own. A skilled lawyer understands these issues and will ensure that the family isn’t trapped by obligations because a loved one was killed in an aircraft accident.
As an advocate for victim's rights, an aviation attorney not only ensures their client’s rights are protected and that monetary situations are resolved, but they understand the emotional impact that losing a loved one can have on spouses and children. While no amount of financial compensation can replace the life that was lost, it can certainly help in the healing process. As an advocate for the emotional well-being of the victim's family, these lawyers know what it takes to present a case that will benefit the family during a difficult transition in their lives.
Airline safety has improved drastically over the years, and aircraft accidents are few and far between statistically speaking. But that doesn't mean they don't occur, and ensuring victims and their families have their rights represented by an experienced aviation attorney is the best way to make sure everyone's interests are protected. Making a phone call is the first step in learning how to deal with the situation and receiving the help that is out there.
While a bicycle accident only rarely involves other vehicles, when they do, the results can be devastating. It’s easy to understand why. Even a small compact car has a staggering weight and speed advantage over a rider, bringing severe physical forces to bear when a collision occurs. However, just because a motorist runs into a rider doesn’t mean that the motorist is necessarily at fault. And it doesn’t mean that fault will be easy to establish, either. What it will take is a carefully executed claim that is overseen by a professional.
Who is at fault when a bicycle accident occurs?
The short answer is: it depends. It depends on where the crash occurs, what road hazards were present, and who was observing proper traffic safety protocols at the time of the wreck. Most crashes involving a motorist and rider occur at intersections, so did the motorist observe proper right of way? Did they enter the intersection at a safe speed? Did they observe traffic signage and come to a complete stop before making a turn?
For example, a motorist may see a rider stopped at a four way intersection, and assume that the rider must yield to other, faster vehicles. However, most states consider cycles to be just like any other vehicle, so motorists must treat them as such. Motorists must also always keep an eye out for riders, as they are easy to miss. The deadliest crashes normally occur when a motorist makes a sudden left hand turn into the path of a rider, or when a motorist makes a sudden lane change or right hand turn into a rider they don’t see, sideswiping them. In both instances, the motorist will almost always be considered liable for injuries, but a rider will still need evidence on their side.
Evidence will also be needed if a bicycle accident is caused by a road hazard. When a rider is harmed by a road hazard, the local municipality may be considered liable.
What should a rider do if they are involved in a bicycle accident?
While seeking medical attention should always be a top priority, if possible a rider should wait for the police to arrive before making any other decision. Even if damage appears to be minor, or nonexistent, an official police report will be critical if the rider later develops an injury. Keep in mind that some serious injuries can be masked by adrenaline and may not be immediately obvious.
Give the police an account of the events and write down this account as soon as possible to preserve the facts should a claim need to be filed. Get as many witnesses as possible and get their information, and take photos of the crash if time permits.
In the days following the bicycle accident, keep a comprehensive medical history related to any sustained injuries, and preserve as much evidence as possible. Don’t fix the bike, wash any clothes that were worn at the time of the crash, or allow anyone to handle worn items.
And finally, a victim should consider their legal options with the help of an injury attorney. A legal professional can help a victim file a claim and organize a case, giving them a chance to get the compensation they deserve.
A birth injury lawyer knows that one of the most frustrating and scariest things that can possibly happen is harm that is caused to a baby due to a medical caregiver’s negligence. Even with all of the medical technology available today, all of the surgical techniques and all of the care taken with the expectant mother during the birthing process, there are still times that harm can occur to the baby. That means ensuring everyone's rights are protected if the baby or the mother suffers any type of undue harm, and this will require contacting a competent legal representative.
While most procedures in childbearing are considered routine today, there are still many situations where the baby can be caused unnecessary harm while being born. Whether the baby is twisted in the birth canal and a limb is broken, appliances are used to facilitate the labor process that causes harm to the child or the mother, or a variety of other circumstances occurs one or the other may suffer. If any of these circumstances occur, one of the first calls that need to be made is to a birth injury lawyer. That's because they understand exactly what is going on and what the ultimate repercussions may be.
Attorneys that specialize in this type of case understand what the medical situations are, what medical complications may be expected in the future, and the fiscal and other life altering ramifications of a baby or its mother being hurt while in labor. Even years down the road, harm that is sustained during this process may still be affecting their lives every day. There may be the need for ongoing medical expenses and therapy, and compensation for these costs is a must. Unless their rights have been protected by retaining an attorney that is accustomed with this type of case, those expenses and issues would be their problem to cope with the best they can.
With an experienced birth injury lawyer on board as an advocate for their rights, not only can the hospital and the people involved with the delivery be held responsible for the harm that was caused, but any medical bills can be handled by the responsible parties as well. If the results have a lasting impact on their lives, an attorney will fight for proper compensation to ease the load. Those that specialize in this type of case understand most of the circumstances surrounding the wounds, whether they are caused by the failure to perform a Caesarian Section (C-section) or the unfortunate event of the baby being dropped, just to name a couple.
Again, most deliveries today are routine and without any incident or complications, however, if any harm does occur, hiring a birth injury lawyer to be an advocate is extremely important as the insurance company and the hospital will want the case closed as quickly and as cheaply as possible, often times without a care for the patient’s long term needs. With an experienced birth injury lawyer who understands the medical issues as well as the legal ramifications, those who are affected by this type of medical malpractice can be well protected.
Our law firm services the following areas in and around Houston Texas :
Determining liability following a boat accident can be difficult, as there may be many factors to weigh against each other. On the road, traffic laws are well-established and motorists have road markings and signs to guide them. As such, it is often fairly easy to establish liability following a traffic collision. It’s different on the water, where vessel operators have complete freedom of movement and need special training to handle a vessel. Physics are completely different on the water as well, so even when a collision does occur, it doesn’t mean anyone is at fault.
What normally causes a boat accident?
The vast majority of collisions can be grouped into one of four categories:
A vessel collides with another vessel.
A vessel collides with a dangerous amount of wake.
A vessel collides with a dangerous wave.
A vessel collides with a submerged object, like an ocean bank.
In any of these cases, the vessel operator may be negligent, or they may not. Circumstances dictate to what degree an operator failed in their duty. And negligence is what injured passengers will have to prove if they are to execute a claim.
Who is at fault when a boat accident occurs?
When two vessels collide with each other, both operators will likely share liability, so injured passengers may have a claim against both. How liable both operators are, exactly, will depend on how fast each vessel was traveling, whether either vessel was turning, and what kind of vessels were involved. For example, motor vessels are required to avoid sailboats in most instances, so motor vessel operators are required to yield to others.
When a boat accident is the result of a dangerous swell of wake, liability may again be split. If the wake is created in an isolated area that other vessels can easily avoid, then it is the responsibility of other vessel operators to avoid the wake. If, however, an operator created wake in a no wake zone (which is usually in most harbors and docking areas) or produced a large amount of wake in a congested area, then that operator may be considered liable.
When a wave damages a vessel, the only party that may be liable is the vessel operator. The vessel’s speed, location and the operator’s expertise will be weighed when determining liability.
There may be subjectivity involved as well when a vessel operator collides with a submerged object. If the operator was moving slowly and had navigation charts on hand, then they will likely not be considered liable. If, though, the operator was speeding through an area without any guidance, they may be considered to be acting recklessly. This is especially true when there is fog or other problematic conditions present.
Few collisions are easily defined when they occur on the water, but a personal injury attorney will consider every element of a case and ensure victims have every possible advantage during a settlement.
The Deepwater Horizon oil spill in 2010 is something that nearly
everyone on the Gulf Coast is familiar with by now, and those that were harmed
by it may be able to become a member of the BP class action lawsuit.
For such a wide-reaching event like this, keeping up with all of the specifics
is extremely tough for someone who has never participated in something like it
before. First, a business or property owner needs to determine if he or she
qualifies to become a claimant.
Multiple parties have been held responsible for the disaster that fouled the
Gulf Coast, but the claim against BP is the one taking center stage. The company
has agreed to take the brunt of the responsibility, including paying out several
groups and pleading guilty to criminal charges, among them, manslaughter. In
short, this means that the BP class action lawsuit is not about people making a
quick buck, but rather it’s about enforcing regulations that are meant to
diffuse corporate negligence that puts people and the environment at risk.
Chances are that a business owner who was operating along the Gulf
coast between 2010 and early 2012 is eligible to become a member of the mass
tort case. There are multiple zones relevant to whether or not someone
can sign their name on, and these zones stretch from Texas to south Florida, and
everywhere in between. The Texas counties that were affected and may be able to
have a BP settlement include Jefferson, Orange, Galveston and Chambers counties.
However, not all claims are valid everywhere, so before becoming a member of the
BP class action lawsuit, it is best to discuss the matter with an attorney that
can address each claim and knows that there is not a stipulation to prove that a
business was affected by the oil spill to have a successful outcome.
Some of the reasons that a person can become part of a BP class action
lawsuit include damage to a seafood business, whether restaurant or fisher,
failed startup business loss, general business loss, coastal property value
loss, wetlands value loss and vessel damage. These are just a few of things that
a resident or business owner along the coast can take to court, and as anyone
can see, they are a bit open-ended. This is why an expert knowledgeable in this
area of expertise should be consulted.
Fortunately, a person who has a legitimate claim and wants to be
involved in the BP class action lawsuit doesn’t need to do much at all.
In this form of legal process, a victim doesn’t have to actively join the
process to benefit from it. This may not be the best option for those that have
suffered particularly extensive damage though, for a couple of reasons. Though
the company will be paying out around $8 billion in damages to victims affected
by the disaster, there may not be enough to go around to justify the grievous
harm caused to some. In these cases, a claimant may be better off securing their
own attorney to represent them individually. Opting out means that the victim
chooses to use their own attorney in an attempt to wind a BP settlement, while
those that opt to stay in are essentially accepting the legal counsel of those
attorneys that are already assigned the mass tort case.
This comes with some risks though, because it can be nearly impossible for
someone to afford the court costs associated with taking on a major corporation.
This is the reason that the BP class action lawsuit is as possible as it is,
because with pooled resources, even a major oil and gas company has to answer to
those that it wrongs.
When it comes to finding a good brain injury lawyer, it is important to choose the best representation you can find which is one that is experienced in this type of case. Most people think about accidents incurring injuries involving arms and legs, or even impairments to the back, but a head injury can be much more difficult to recover from. Attorneys that understand this type of impairment may well be more effective in achieving the settlement their client deserves. That's because a brain injury lawyer understands that this type of trauma can impact one’s life, or the life of someone they love far more than any other bodily damage.
Head injuries, from something as mild as a concussion to more severe damage caused by intrusions, are rarely purposefully caused. This means that virtually all trauma of this nature is caused by accidents, whether it's a hard hit on a football field or during a car wreck. Regardless of the cause, it will have quite an impact on the victim's life and those that love them. Doctors and psychologists have studied the effects of head trauma for many years, whether the damage was caused by an ancient Egyptian physician trying to cure illnesses to the doctors attempting to analyze Dale Earndhart Jr's concussions from the wrecks sustained the race tracks at Kansas and Talledega in 2012.
The effects of a head injury will vary from one person to another, as well as which area of the brain is affected in the accident. Those effects could be changes in personality, blurred vision, memory issues, hallucinations and even physical deficits such as blind spots in the vision. While there may not appear to be much physical damage at all, with any sort of head trauma, the effects may be more debilitating than a visible physical wound ever could be.
An attorney who understands head trauma knows that you have to have proper diagnosis of any potential injuries. At best insurance companies typically want to settle a claim as quickly as possible to minimize their overall expenses. This means that the wounded party may be liable for any medical costs that are incurred after the claim has been signed off. An experienced brain injury lawyer will advise their client not to sign any claims until all doctor's diagnosis are in at the very least so they will know what medical costs may be incurred in the long run.
Some head trauma can result in debilitating effects for years, while others may have a permanent effect on a victim. If these aren't diagnosed properly and the potential effects estimated before an insurance claim is filed and signed away, you may find yourself liable for thousands, if not tens of thousands of dollars in medical bills that you have to pay for. With the proper support and guidance from a brain injury lawyer who understands the potential ramifications of head trauma, the client will be prepared to deal with the insurance companies to get the settlement they rightfully deserve.
Even though head trauma can occur in auto accidents, they can also occur on the football field, playing soccer, falling and hitting one’s head on the ground, and a brain injury lawyer that specializes in this type of case understands that the lasting results may be difficult to diagnose, but even more difficult to live with. Having the right attorney on your side when it comes to dealing with insurance companies and, if necessary, the courts will be the best defense you can have when it comes to protecting your rights and receiving compensa
There are people that will need to hire a burn injury lawyer if their injuries from some type of fire were caused by the negligence of another party. These accidents can be caused from work, or even a car accident. If they are serious enough, one may actually have the cause to file a lawsuit. The attorney will likely schedule a meeting with the wounded party. This will enable the legal representative to determine whether or not there is sufficient cause and evidence to file a claim.
There are many different types of burn wounds and causes that would require one to seek a burn injury lawyer. An open fire that is not protected can certainly cause a painful wound, and hot liquids from a spilled cup of coffee, steam or running water can also cause damage to delicate skin, especially if it causes the fabric of clothing to adhere to the skin and make the damage worse. Lastly, chemicals of many different kinds can cause lasting wounds. Chemical wounds can be two-fold in the fact that they can cause wounds to the skin when they make contact, or the fumes can cause damage to the lungs and airways when they are inhaled. The cause of the damage will be considered when one contacts a burn injury lawyer to discuss the possibility of a claim.
According to the 2011 report of the American Burn Association National Burn Repository, the most common location that that these types of wounds occur are within a person's home more often than public places. Children are also more prone to complications with their health that come from accidental wounds from chemical inhalation. Unfortunately, sometimes these things are not accidental, and that is when people seek an attorney to assist them in their recovery attempts for the damages.
For those that are curious to know how they can actually get in contact with a burn injury lawyer, all they would have to do is either call or visit the office’s site and fill out an online case evaluation. Some attorneys have sites that are set up for potential clients to do this versus calling in. This is often times more convenient for people because they may be unable to make it into the office for an initial consultation.
These types of injuries can be serious and painful, and often times take a long time for the wounded party to heal. They can also have life changing consequences. Some people may also be physically incapable of maintaining the job that they had before the accident. The long term results of scarring can make some people self-conscious and afraid to enter social situations they once loved. Therefore it can interfere with the quality of many people’s lives. People may also be wounded in this manner as a result of employer negligence. This type of scenario would behoove the wounded employee to contact a burn injury lawyer as soon as possible. Thousands of people who are innocent are killed or wounded by fires, chemicals, and electrical malfunctions while on the job each year. It definitely makes sense to seek the right type of legal attorney who can make sure one gets their due compensation for their wounds and the pain they suffered through the lengthy healing process.
Some people think that when they have a wreck the insurance company takes care of everything, but contacting car accident lawyers is the only way to make sure the victim receives full compensation. Many wrecks result in damage to the vehicles and personal injury, and sometimes even death. While there are attorneys that specialize in dealing with these types of cases, the actual case can differ greatly, depending on the circumstances.
Tort law is an area of law that involves the attempt to receive compensation because of personal harm to another person or their property. Car accident lawyers will likely focus on several areas. Property damage will be assessed if there is damage to the actual vehicle. Personal injury or wrongful death will come into play if victims of a crash suffer an injury or death. In some cases, attorneys will discover a defect with a vehicle itself that falls under the defective product area of tort law. This could happen if a vehicle was recently repaired and the owner was led to believe that it would operate better than it did. One example could be failing brakes.
Another thing car accident lawyers will help determine is the actual level of fault in the particular auto incident. While the insurance companies will try and hash out which party is responsible for what, a good attorney will make sure the details of the incident are looked at very closely in an effort to find legitimate ways to help his client come out with the best result.
While car accident lawyers are often very good at what they do, it is important that clients give them whatever assistance they can. Seeing that police reports are completed in a timely manner, taking pictures of the scene, and seeking prompt medical treatment are some of the things a victim can do to give their attorney a good place to start as they build the case. If there is evidence of obvious reckless driving or negligence, this should also be noted, such as if someone driving was intoxicated or distracted by a cell phone. They should also make sure that they meet with an attorney as soon as possible after the incident in order to retain as much accuracy as possible.
Another important difference between car accident lawyers and insurance companies is that attorneys are more likely to consider the long term effects of the wreck on their client. A legal representative can help you get compensation to cover medical bills, lost wages, and additional household expenses such as paying a housekeeper if someone is recovering from injuries. Some people may have long lasting neck and back problems after being in a wreck and may need regular chiropractic treatments, or they may be traumatized by the crash and need therapy in order to feel confident enough to drive again and be fully productive.
When an auto wreck results in a wrongful death, an attorney will go out of his way to see that the person's family is compensated for any financial burden they will endure due to the loss of their loved one. This may include funeral expenses or the loss of the financial contribution their family member was making to the household. It is best to get competent legal representation in any of these scenarios.
One of the scariest times for any parent is when a child suffers from a car seat injury. These devices are made to protect children, and when something goes terribly wrong, it is important to know what happened and why.
In the past ten years or so, almost 11 million car seats have been recalled in the United States due to flaws in integrity and design. That is truly an alarming number. All of the major manufacturers of these products have gone through recalls at one time or another.
One of the most common causes of these accidents includes handle failure. This happens when the handle breaks while the infant is being carried. Other common mishaps occur from improper padding in the device, defects of the buckle, clip issues with the 5-point harness system, and defects in the locking mechanism for the infant carrier.
A disturbing statistic is that over 80 percent of consumers have difficulty installing a car seat properly. The instructions can be difficult to understand and installation may not be done properly as a result. If the manufacturers simplified the instructions, it might prevent some of these mishaps in the first place. After the incident occurs, many parents may be left wondering what can be done if an unfortunate car seat injury occurs.
There are steps that the consumer can take to help ensure they receive just compensation. The parent may want to consider contacting an attorney who specializes in this area for advice. A personal injury attorney can typically handle cases of this nature.
Once an individual decides to contact an attorney, it is important to bring helpful information to the initial meeting to determine if there is enough evidence to support a case. Documentation is crucial. Make sure you bring police reports (if applicable), medical reports, the car seat, any paperwork related to the product, and any other pertinent information. It is also important to tell the attorney all of the facts and details surrounding the incident. Be prepared to answer questions regarding exactly what happened and caused the car seat injury. Going in with all of the information in regards to the incident will make the process easier from the start.
Commercial vehicle accidents result in some of the worst disasters on the road, and those involved may sustain severe injuries. In an overwhelming number of cases, driver error is at least partly responsible, but there can be many other factors involved as well. This can make a claim extremely complicated, and why most victims will turn to a personal injury attorney to manage their case. With expert legal representation, a victim will have a strong advocate during settlement negotiations and have a strong chance of being awarded the compensation they are entitled to.
What are some common injuries caused by commercial vehicle accidents?
Vehicle crashes can cause a variety of injuries, including long-term and permanent injuries. Crashes involving large cargo trucks are often worse, given the staggering physical forces at play. When carrying a load, it’s possible for a large cargo truck to weigh many times more than a standard passenger car. The huge weight difference can produce deadly, crushing injuries, especially if the passenger car is pinned against a guardrail or concrete wall. Broken bones and extreme damage to internal organs are possible, as well as permanent injuries like brain or spine damage.
Traumatic brain injuries, or TBIs, are particularly debilitating and can leave a victim paralyzed or with major cognitive problems for the rest of their life. Behavior disturbance, chronic pain, confusion, speech, and motor complications are all possible following TBIs.
If the truck is carrying volatile or hazardous cargo, fire and asphyxiation are also significant concerns, and can produce painful injuries as well. Burn Injuries, in particular, can leave permanent scarring and chronic pain, as well as loss of mobility. Recovering from burn injuries may require multiple expensive surgeries and ongoing therapy.
Who is often responsible for commercial vehicle accidents?
While driver error is almost always involved to some degree, the driver may not be the only defendant tied to the case. If the driver is an employee of a company and not just an independent contractor, the employer may also share responsibility for any commercial vehicle accidents. This is especially true if the employer enforced unsafe work practices, like extended driving hours or incentives for unrealistically fast delivery.
The truck’s owner is responsible for maintenance, and this includes mandated inspections. If mechanical failure leads to a crash, the truck’s owner will own most of the liability. In the aftermath of commercial vehicle accidents, a state investigator will respond to the crash and check for signs of mechanical failure. The victim can use this investigation as evidence should it uncover mechanical problems.
The company responsible for loading the cargo may also be responsible if the truck’s handling is affected by the cargo, or if the cargo creates a hazard.
A personal injury attorney will be able to analyze a case for the victim and determine how to organize it. Eventually, the claim will likely enter settlement negotiations, and an attorney will do everything possible to steer the settlement in the victim’s favor, getting them the restitution they need to maximize their recovery.
Construction site accidents are a major problem around the world, claiming hundreds of lives and causing thousands of grievous injuries every year in the U.S. alone. In 2001, there were 1,225 fatal incidents, resulting in a staggering rate of 13.3 deaths per 100,000 workers, higher than any other occupation. In fact, this industry represents 6 percent of the U.S. workforce, but nearly 20 percent of all workplace fatalities. Though safety has improved marginally since 2001, thousands of preventable incidents still occur every year.
What are the most common construction site accidents?
The leading cause of injury in the industry is falling from heights. OSHA requires fall protection around runways, ramps, walkways, hoist areas, formwork, holes, excavations, and other unprotected edges. Those in the bricklaying, roofing, and residential building industries are at particular risk of falling.
Vehicle wrecks are another major source of injury, affecting workers at job sites and those traveling between job sites. Most injuries caused by motor vehicles in the industry are from work vehicles attempting to move material or excavate areas.
Falls and vehicle crashes represent the bulk of industry incidents, but many workers are also struck by objects, electrocuted, or caught between objects every year. Laborers also have to contend with several health hazards each year, such as asbestos, corrosive chemicals and excessive noise.
What kind of injuries can construction site accidents cause?
Workers harmed in workplace incidents can suffer from a number of injuries, many of them permanent or severely debilitating. Falls, even those from low heights, and being struck by objects can result in multiple broken bones, internal damage, or injuries to the spine or brain. Brain and spine injuries are especially problematic as they typically cause permanent disability. Spine and brain injuries may result in paralysis, problems with cognition, pain, speech or motor problems, or other complications. Recovery from spine and brain injuries is almost always limited and only possible after extensive physical or mental rehabilitation.
Workers can also be harmed by corrosive chemicals, which may cause burns, or permanent damage to eyes or ears. Workers that inhale noxious fumes produced by chemicals may suffer from brain or lung damage if oxygen is deprived for long.
Exposure to asbestos can cause a fatal condition known as mesothelioma, a cancer that may affect the lining around the lungs or heart. Mesothelioma is difficult to detect and often impossible to treat once found. Most people diagnosed with it only have months to live.
Are these injuries preventable?
In most cases, an employer can mitigate the risk of any incidents by implementing safety protocols or placing protective barriers or signage in high risk areas. Unfortunately, fall protection is often not placed in areas where it would be helpful. This is because safety regulations do not adequately define where the protection should be placed, resulting in many workers being involved in short falls, which can be just as dangerous as falls from greater heights.
Anyone who is injured during a workplace incident should consider speaking to a personal injury attorney right away. An experienced injury lawyer may be able to help a victim of a workplace incident get the compensation they need for medical expenses and ongoing therapy.
Social Security Disability cases likely to be referred
One would likely be surprised at the number of potential issues that defective product attorneys can help with. In fact, some consumers never think about some of the potential liabilities that are subject to the laws regarding these matters. Consumers may be victims of faulty items and many may not even be aware they have a potential case. Here are some potential situations where a consumer should contact defective product attorneys.
Over the counter medications: Unfortunately, medications that a consumer purchases over-the-counter are not always safe. Consumers are obligated to carefully read labels and find out if they have any medical conditions that may contraindicate use of an OTC medication. However, in some cases, these non-prescription drugs may have been tampered with and create additional problems. Many consumers will recall the massive recall of Tylenol products which were tainted some years ago.
Medical appliances: Imagine having a hip or other joint replacement and finding out later that the unit was deemed inappropriate for implantation. For a consumer who had a joint replacement and discovers the joint was later recalled, it is imperative they reach out to qualified defective product attorneys.
Playground equipment: Parents take their children to playgrounds that are located in public parks or in pay-to-use amusement parks. However, many of them never consider some of the potential dangers. Slides can cause burns on tender skin, swings can have defective chains causing falls, and jungle gyms can be set up in areas that are too hard for children to land safely on. Injuries in these types of cases can result in the need for an experienced lawyer. Amusement parks are required to conduct regular inspections to ensure their equipment and rides are safe for the general public. Unfortunately, careless maintenance and inspections sometimes do occur and can result in injuries ranging from scrapes due to loose bolts, or worse yet, serious injury and even death.
Defective toys: Every year, consumers are blasted with lists of toys that may not be suitable for purchase. Sadly, all too often these warnings come too late. Toys that have sharp pieces, pieces too small for children in recommended age groups and even lead paint on toys can all cause serious injury or illness in children. Parents have the right to expect the toys and games they purchase for their children are held to high quality standards. When you feel you have purchased an age-appropriate, safe toy for your child and they are injured, you should consider contacting defective product attorneys. You may have a legal case against the toy manufacturer and even the retailer who sold the toy.
There are so many cases of potentially faulty and harmful products that are never called to the attention of the general public. This is unfortunate since the safety of the public is so crucial and should be the primary concern of all manufacturers. Whether it is a vehicle, prescription or over the counter medication, playground equipment or a small appliance, you should be able to expect a certain level of safety. If you feel that you have been a victim of a defective item, it is important to contact a lawyer to see if you have a case. Defective product attorneys can help make sure that the victims get the representation and the compensation that they are entitled to.
Our law firm services the following areas in and around Houston Texas :
Depuy and Stryker hip recall efforts have been underway for years, and both companies have worked with the FDA to remove some of their products from the marketplace. However, these recalls have come too late for many who have experienced implant failure. These patients have experienced a range of debilitating complications, including terrible pain, tissue death, heart problems, and even neurological damage. The full effects of the defective hip implants won’t be understood for years, but Stryker and Depuy have already faced major legal trouble for their poor quality controls and hesitation in responding to patient injury.
A Brief History of Stryker and Depuy
Stryker and Depuy are both going through recalls involving several of their products. They include:
Stryker: Rejuvenate, ABG II, and LFIT V40 stem and head implants
Depuy: ASR, ASR XL Acetabular, and Pinnacle stem and head implants
Both companies have a long history in the medical device field, and both companies notch staggering profits every year, mostly due to the sales of their knee and hip implants.
Stryker has been around since 1941 and was formed after Dr. Homer Stryker invented a mobile hospital bed and oscillating saw for cutting cast material. It wasn’t until 1998, though, that Stryker established an orthopedics division and began selling implants. Stryker Orthopaedics was created after the company acquired Howmedica, which was Pfizer’s orthopedic division at the time, for $1.65 billion. Since the acquisition, Stryker has bought up a number of companies to improve on its orthopedic offerings.
Today, Depuy is a division under the Johnson & Johnson brand, but it’s been in operation since 1895, making it the oldest producer of orthopedic devices in the world. It rose to prominence after releasing a fiber splint for broken bones, an improvement over the wooden splints in use at the time. Johnson & Johnson bought the company in 1998 and expanded its operations. Depuy now has facilities in Germany, France, the United Kingdom, Australia, and Japan. In 2011, Depuy merged with another major orthopedic company, Synthes, making it the largest provider of orthopedics in the world.
Stryker and Depuy have storied histories, but their brands are taking damage from thousands of lawsuits taking aim at their defective knee and hip replacements. But what, exactly, have patients experienced, and why are hip implant failures such a big deal?
A Medical Nightmare
Defective hip implants can do tremendous damage to the body, often before the patient realizes what is happening. In general, Stryker and Depuy products experience the same types of failures, which typically include:
Loosening of components, like screws
Loss of fixation to surrounding bones
Lack of soft tissue tension
Head and stem disconnection
Excessive metal debris, particularly cobalt debris
It’s important to note that Stryker and Depuy managed to skirt around some safety regulations in pushing their products to market. For example, the FDA gave Johnson & Johnson special clearance in 2005 to market the ASR without first completing certain clinical trials. Without clinical trials and extensive safety research, medical devices are capable of doing serious harm that the manufacturer did not account for ahead of time.
This is the case with both Stryker and Depuy. However, both companies have been criticized for not acting when their products were shown to be dangerous. In Stryker’s case, the first Rejuvenate and ABG II implants were used in patients in 2010, but they were not removed from the market until July 2012. Depuy’s ASR was first implanted in patients as early as 2008, but Depuy did not administer their recall until August 2010. Depuy did not act until reviewing more than 400 injury cases through the FDA. What the company found was that their ASR experienced failure in about 13% of patients.
What pushed both companies into recalling their products? In patients that have experienced a hip replacement failure, the medical complications can be crippling. They include:
Searing, debilitating pain, usually around the hip area
Tissue death, including bone
Increased risk of fractures
Heterotopic ossification (bone growth outside of a person’s skeleton)
That last complication, metallosis, is of particular note, as it’s considered among the most severe complications of hip replacement failure. Metallosis is the buildup of metal particles in the body, which usually occurs when the implant wears down and releases metal ions into surrounding tissues. As metallosis progresses, the concentration of metal becomes toxic to the body, resulting in a wide range of effects, from headaches and nervous system disruption to cancer. Stryker and Depuy’s implants are made with cobalt and chromium components. Cobalt is particularly harmful if it leeches into the bloodstream. Cobalt is known to cause neurological damage in high enough concentrations.
Unfortunately, the only solution in many cases is to perform additional surgeries to remove or repair the implant. Revision surgeries are, of course, expensive and come with their own risks, possibly worsening a patient’s health and well-being.
Lawsuits are Building Up
Thousands of lawsuits are pending for both companies, and though some have been settled, hundreds of thousands of effected implant patients only recently received – or have yet to receive – any notice regarding the potential harm.
In 2014, Stryker finally settled on thousands of lawsuits resulting from defective Rejuvenate and ABG II implants. The judgment was $1.43 billion total, with each victim receiving about $300,000, though there are still many victims that haven’t started the legal process or are still working through it. And Stryker will face additional legal issues in the near future, as a recall of the LFIT V40 implant seems likely.
On June 15, 2010, the first lawsuit concerning Depuy’s ASR implant was brought against the company, asserting that the implant was poorly designed and not removed from use after it became clear that the implant was defective. More cases quickly popped up in courts, and thousands of victims were brought together in a multidistrict legislation process on December 7, 2010. In 2014, Johnson & Johnson began settling with victims, starting with $250,000 for each victim, though the company continues to deny responsibility for the defects.
Stryker was also investigated by the U.S. Securities and Exchange Commission and forced to pay a $13.2 million fine in October 2013. The fine was levied after the commission found that Stryker had provided more than $2 million in bribes, masked using charities and consulting firms. In one case, Stryker provided Broadway tickets and a six night stay in New York to a hospital director and his wife, as an ongoing effort to convince the director to opt for Stryker products in the future.
What Can Victims Do?
It’s alarming that so many patients with defective implants are still left in the dark. Though there are initial efforts to begin tracking patients who undergo implant surgery, there is still no well-maintained patient database. Both orthopedic companies and the surgeons who use those orthopedic implants are not required to inform patients of possible complications after the patient has ceased seeing the surgeon. In fact, most victims aren’t aware of the threat to their health until the implant is recalled, and even then, the patient must visit their doctor and verify implant failure though diagnostic imaging.
Patients, as always, should consult with and visit their doctors to ensure their long-term health. Many should consider contacting the hospital where they had their implant procedure for the records evidencing the exact implant used.
If a patient is experiencing complications resulting from their hip implant surgery, they should consider consulting a qualified lawyer as soon as possible.
Few diseases are as debilitating as diabetes, and drug injuries can make the deadly condition even worse. It is also growing in prevalence at worrying rates, so pharmaceutical companies have rushed a number of medications to market in the last 10 or so years. However, many of these medications have only been lightly tested and have not received the scrutiny from their creators that they require. As a result, many patients have been harmed by treatment, and some have even died due to complications with medications. Unsurprisingly, many victims are seeking legal action against medication manufacturers, asserting that these manufacturers did too little to protect patients against severe side effects.
What are the risks facing patients taking a diabetes drug?
Injuries associated with these medications range in severity, but they can be life-threatening in some instances. This also depends on how the medication works. Most, like Januvia, Byetta, Janumet and Victoza, are known as incretin mimetics. These medications behave like certain hormones in the body that are primarily used to force glucose secretion, enabling the body to more quickly uptake blood glucose. A newer medication known as Invokana employs a completely different mechanism of action. Instead of stimulating glucose release, Invokana blocks the protein responsible for transporting glucose to the kidneys for reabsorption. This forces the body to pass the glucose through urine and eliminate it from the body.
Incretin mimetics are linked to several serious complications, including pancreas inflammation, unstable blood pressure, and tachycardia. They are also associated with deadly acute pancreatitis, including hemorrhagic and necrotizing pancreatitis. Byetta is also linked to kidney failure, heart failure, and thyroid cancer, making it particularly troublesome.
Invokana has only been available for a couple years, but it is already associated with some troubling medical complications. Invokana works by passing glucose through urine, but its mechanism of action forces the body to pass more urine, resulting in a higher chance of dehydration and bladder issues. In some cases, the process can cause a drop in insulin levels and force the body into a state known as diabetic ketoacidosis, or DKA. DKA is marked by increasing acidity of the patient’s blood, which can kill within 24 hours.
What is the legal process for those harmed by a diabetes drug?
Injuries associated with Januvia, Byetta, Janument, Victoza and Invokana can leave lasting complications, and many victims have to undergo expensive medical treatment to survive. Victims filing suits against the manufacturers are asserting that more research should have been done on the medications. They also assert that the manufacturers should have reacted faster to emerging research on their products.
In the coming years, patients who have taken a diabetes drug and suffered injuries will likely secure a number of judgments from the involved pharmaceutical companies. Victims can review their legal options with the help of an attorney, and decide on the best course of action.
A dog bite can cause severe injury, especially if the canine is particularly aggressive and large. More than 4 million people are attacked by canines every year, and about 20 percent require medical treatment. In most states, there are statutes to protect victims of a canine attack, but in Texas, it can be difficult to execute a successful claim against the animal’s owner. This is primarily due to the state’s one-bite rule, which reduces owner liability in some instances. Still, it isn’t impossible to secure a settlement, especially if the victim has a knowledgeable attorney on their side.
What are some common medical complications arising from a dog bite?
While an injury is not always the case when someone is attacked by a canine, some dangerous canines have been known to bring people to the ground and attack the neck and face repeatedly. In these cases, an attacking canine can cause severe neck, face or brain damage. Victims often sustain broken bones, lacerations, or severe puncture wounds to their hands and extremities, usually due to an attempt to protect the face or neck.
Victims may be left with permanent nerve damage, resulting in loss of limb or face mobility, or chronic pain. If the wound is not treated right away, infection may also set in, and this can threaten a life.
Some owners underestimate the harm their pet can cause if sufficiently provoked, so to prevent a dog bite injury, owners must keep their canine in a secure enclosure, and on a leash when in public. Failure to do either constitutes negligence, and this is something a victim can build a case around.
What should a victim do if they sustain a dog bite?
Any injury should be treated as soon as possible, but a victim can improve their chances of building a successful claim if they take some simple steps following an attack. First, the victim should get the owner’s phone number and address. The victim should also get the contact info of any witnesses to the attack, and it is also essential that the victim document all medical treatment.
Perhaps most importantly, though, a victim should contact animal control as soon as possible. Not only will this establish a record of the attack, animal control can quarantine the canine to verify that it is not rabid.
Due to Texas’s one bite rule, the canine’s owner will only be liable for damages if they knew that the canine was dangerous, or if they were acting negligently. For example, an animal that has already attacked someone is considered dangerous. If the canine has threatened people in public, it may also be considered dangerous. If, however, it has only threatened people while enclosed in the owner’s yard, that is not usually enough to consider the canine a danger.
This is a complicated area of law, and as most owners will do anything to avoid liability, an experienced attorney is often needed to work through the claim.
When a medication causes illness or death, hiring a drug injury lawyer is needed to represent victims in an effort to recover loss in the form of financial compensation. Following the directions included with any medication should mean that they are safe to take, but sometimes they can cause adverse reactions with devastating results.
These types of cases require an attorney who is not only willing to stand up and fight to obtain victory in the form of financial recovery and compensation for losses, but one that is an expert in every complicated detail of the case. These cases are different from typical personal injury cases in that the insurance company, pharmaceutical company and sometimes government agencies often fight to keep the information about a harmful drug out of the public’s eye.
The details involved in medical cases are complex. Symptoms are sometimes difficult to diagnose, are not always clear cut and do not always show up immediately. An attorney who specializes in these cases needs to not only know the law as it relates to this matter, but also learn the specific skills needed which include developing a network of relationships with pertinent experts.
A knowledgeable drug injury lawyer knows which category of regulations the specific harm falls under and will go to work on their clients behalf to recover adequate compensation.
Sometimes these matters fall under vague or gray areas of the law such as:
• When a person is unduly harmed due to a manufacturer’s failure, it becomes a product liability case.
• When a medical professional makes a mistake, it is considered medical malpractice.
• When one is caused harm because of someone else’s negligence, it is a personal injury issue.
A medication causing harm can fall in all three of these categories to one degree or another.
Large pharmaceutical companies have enormous resources at their disposal to defend them. Getting justice for the victims of defective prescription or over the counter medications from the failure to provide proper warning of the drug’s dangers requires the help of a professional attorney.
Attorneys who defend victims need to stay abreast of pharmaceutical recalls and potentially harmful medications. They also need to have the following skills:
• Specific legal skills necessary to represent you in a prescription or over the counter medication case
• The resources and networking ability to partner with other qualified experts, including leading consumer advocates who can testify and work to win your case.
Experienced attorneys who deal with illness and death caused by medication understand the steps to take in various types of cases. For instance, the term Multi-District Litigation, or MDL, is used to describe a situation when groups of individual lawsuits that are related to a particular medication are consolidated into one large case.
Some of the cases that a drug injury lawyer handles include experiencing the death of a loved one after taking a medication, suffering illness or physical injury caused by a drug, experiencing adverse side effects caused by a medication, injuries caused by medicine that has been recalled, failure of the manufacturer or doctor to warn patients of drug interactions or side effects.
A drug injury lawyer usually works on a contingency basis, which means if they don’t win they don’t get paid. Often, they offer free initial consultations to determine whether or not they can handle your case.
Seek the help of a qualified professional drug injury lawyer as soon as possible if you or a loved one has suffered due to the harmful effects of any medication.
Our law firm services the following areas in and around Houston Texas :
An environmental injury is any harm caused to a person by toxic exposure or pollution in a person's environment. These injuries can be slow developing over time, such as those caused by exposure to lead paint or asbestos in a home, or as a result of a single incident as in the case of an industrial accident like a plant explosion.
A large variety of pollutants can contaminate the water, air, or soil and can lead to a serious affliction or even death in extreme cases. Many times these pollutants exist due to another party's negligence, whether it's a large company dumping toxic chemicals into a local water supply, chemical plant explosions, or an apartment complex neglecting to deal with toxic mold. An environmental injury can include any of the following:
• Lead Poisoning - Lead was once commonly used in home plumbing systems, as well as in many household products including ceramic glazes and lead-based paint. Exposure to levels of lead above the federally defined Maximum Contaminant Level (MCL) has been shown to lower one’s IQ, cause learning disabilities, and can retard both physical and mental development. Children under the age of 12 are the most common victims of lead poisoning, and the Center for Disease Control reports that more than 300,000 children in the US have higher levels of this metal showing up in their blood. The EPA has said that lead poisoning in children has become a major environmental related health problem in our country. Old plumbing and paint aren't the only sources of this type of environmental injury; most recently a large number of toys were recalled from China for containing excessive levels of lead.
• Mesothelioma. Mesothelioma, more properly called malignant mesothelioma, is a rare type of cancer that is usually caused by asbestos. Asbestos can be found in older homes which used it as insulation prior to the ban of asbestos, or in many industrial products such as brake linings, cement, and gaskets. Even as little as one to three months of exposure to asbestos can increase a person's risk of cancer, but it can take decades for symptoms of mesothelioma to present themselves. The time from exposure to first symptoms of the disease is almost never less than fifteen years and can even take as long as 30-40 years. Those who work with asbestos are at the greatest risk of mesothelioma, but their loved ones can be at an increased risk of this type of environmental injury as well due to fibers carried home in clothing or hair.
• Oil Spill Injuries. Over one thousand hydrocarbons are present in crude oil, including the known carcinogens benzene and polycyclic aromatic hydrocarbons. Those who live near the coast may risk environmental injury as a result of an oil spill, but cleanup workers are most at risk for long term health effects. Oil spill injuries can present themselves as respiratory ailments, elevated blood pressure, and chemical burns from the chemicals used to clean up the spill.
• Toxic Mold. Mold, also commonly called mildew, is a type of fungus that develops in damp places. Mold that develops toxins and myotoxins are considered to be toxic mold. The spores released by the mold are the risk as once they become airborne they may be inhaled, causing lung inflammation or other health problems including excessive allergies. Prolonged exposure to toxic mold can cause a large variety of illnesses and can be prevented in many cases by insurance companies who fail to honor a claim, or a property-owner who undertakes inadequate eradication measures.
Hiring an environmental injury attorney that is knowledgeable in these types of cases can be the first step in receiving the necessary help. No one should have to suffer at the fault of someone else, and getting proper representation will make sure those that are at fault will be held accountable.
Food poisoning is one of the most ubiquitous medical issues Americans contend with, and the CDC estimates about 76 million cases a year. The vast majority of them, though, go unreported because they are either mild enough to treat without medical intervention, or because they are mistaken for the stomach flu or other illnesses. Bacteria, viruses, parasites and toxins can all cause symptoms, but only a couple microbes can truly threaten an otherwise healthy person.
Although victims have the legal right to sue a restaurant for contaminated food, it isn’t always practical to do so. Again, if the case is mild enough, a victim might not even recover enough compensation to make the time and effort worth it. And also, it can be extremely difficult to prove any one party is responsible for the illness. There is, however, one notable exception.
When should a victim consider filing a suit for food poisoning?
The fact is, many cases only show up many hours or days after the pathogen has been introduced in the body. By the time symptoms are noticed, there may be no evidence at all that a certain restaurant was responsible. Even if a victim still has leftovers from the contaminated meal, the defendant will likely argue that the victim didn’t store the meal properly or did something else to it to render it unfit for consumption. A lack of evidence can make it especially tough to win a case even when there is little doubt in the victim’s mind.
However, when many people are affected by a single outbreak of food poisoning, victims will have much stronger cases against the responsible party. E. coli and Salmonella are two of the most common culprits when many people are affected by contaminated meals, and both can cause serious harm. In some cases, they can even cause death, so medical intervention is typically necessary to keep victims safe.
If many people are affected by a single pathogen at the same time, a formal investigation will eventually track down the negligent party. At this point, a victim just has to prove that they ate at a certain restaurant or purchased a contaminated product from a grocery store. The responsible party is not always the restaurant or grocer, though, as many people are involved in the process of getting the product from farm to table. At any point in the supply chain, products may be exposed to animal feces, fertilizers, chemicals and contaminated water, rendering it unsafe. Improper storage temperatures or cleaning processes can also cause problems, so fault is not always clear cut.
In the aftermath of many food poisoning cases, injury attorneys can assist with the claims process and ensure victims properly represented when seeking compensation for their suffering. Such compensation may be necessary to offset medical expenses and replace lost wages, allowing a victim to focus on recovering, and not their finances.
While the exact numbers are vague, experts agree that fraternity hazing is a widespread problem that results in a significant number of injuries every year. Unfortunately, it is a problem that is often ignored and underreported by those who are affected by it. On December 12, 2013, this danger was thrust into the nation's consciousness when a Baruch College student was killed during a violent club ritual. The student, Chun Hsien Deng, suffered fatal brain damage when he was tackled by club members after being blindfolded and forced to carry heavy weights. Unfortunately, not nearly all victims of collegiate ritual abuse will receive the assistance they need, especially if they suffer major injuries.
What kind of injuries can fraternity hazing cause?
The vast majority of fatal injuries are caused by excessive alcohol use, which can result in brain damage or heart failure. However, traumatic brain injuries can also be the result of rituals that involve physical violence, another common form of ritual abuse. Nonfatal injuries are usually superficial, but occasionally club members get out of hand and get too violent with each other.
Brain damage caused by violence or alcohol can be permanent if it is severe enough, which can result in a lessened quality of life for the student. If medical attention is not immediately sought by club members, any brain damage that is present will likely worsen. Traumatic brain injuries caused by physical force can result in lesions, lacerations, or bruising throughout the brain, all of which can have profound effects. Traumatic brain injuries can also cause secondary complications like blood pooling, or swelling, both of which can cause permanent damage.
What are some complications of traumatic brain injuries?
Also known as TBIs, traumatic brain injuries can cause enduring headaches, pain, vomiting, nausea, speech or motor disorders, cognitive or learning disorders, paralysis, limb numbing or weakening, loss of balance, or changes in behavior or mood. It’s difficult to predict how a TBI will affect a person, as it depends on what part of the brain is affected. Unfortunately, even sophisticated imaging like CT or MRI scanning often has trouble tracking the full extent of a TBI. This is because TBIs often cause micro-injuries, like burst capillaries, which are difficult to spot in diagnostics.
Most people will recover from a mild TBI, like a simple concussion, but even moderate TBIs typically result in permanent damage. Only limited recovery is expected in most cases, and usually only when the victim has access to regular therapy and rehabilitation.
Is fraternity hazing illegal, or is it still permitted on college campuses?
Although ritual abuse in colleges is illegal in 44 states, it is still hard to prevent. College campuses have made attempts to stop it, but there are few agencies that provide oversight for college clubs, and they rarely have the ability to enforce college regulations. It is often up to club members to prevent violence, and they are encouraged to report it when it does happen.
Any college student injured during collegiate club violence should think about speaking to an experienced personal injury lawyer. Severe injuries can derail a college career and have a negative impact on the student's quality of life. Perhaps if enough students speak up, hazing will eventually be non-existent.
Dialysis is the process of extracting toxins from the blood, but in some cases, the drugs used to perform the dialysis can be just as dangerous, and those who have suffered heart problems as a result of Granuflo need a lawyer right away for consultation purposes. Studies conducted by the drug’s manufacturer, Fresenius, and initial investigations by the Food and Drug Administration point to a major increase in risk of cardiac arrest.
It’s believed that those who have received the substance may have six times the risk of cardiac stress, and this additional risk led to nearly 1,000 deaths in 2010. This represents a sky-high number of incidents, so anyone who has undergone dialysis at one of Fresenius’s clinics should verify whether they have taken the drug or not. Patients on Granuflo need a lawyer specialized in drug recalls and mass tort suits to help them build a strong case for compensation. Families who have lost a loved one due to cardiac arrest associated with this drugs use should seek guidance immediately, as lawsuits are being filed against the company at a rapid pace.
During dialysis, multiple toxins are filtered from the blood, including a buildup of acid that can cause tissue damage. Bicarbonate is used to neutralize the acid in the blood and return the fluid to a more pH neutral state. However, one of the ingredients found in Granuflo is converted by the body into bicarbonate also, and this has caused confusion among doctors. Medical professionals have been unknowingly giving their dialysis patients too much bicarbonate, and this can lead to heart issues or alkalosis. The symptoms of alkalosis are legion, so a victim who has taken Granuflo needs a lawyer right away to comb through all of his or her medical information.
Alkalosis can also cause comas or electrolyte imbalances, which are both serious complications from having too much bicarbonate in the blood. The onset of alkalosis involves tremors, vomiting, confusion and numbness, so any of these signs should be investigated right away. Currently, Fresenius is the largest provider of dialysis services in the U.S. and oversees more than a 100,000 patients. These patients may now require the services of a Granuflo lawyer.
The FDA is investigating whether or not Fresenius committed wrongdoing by withholding information about the drug from the public. An internal memo circulated in November 2011 confirms that the company was aware of severe complications stemming from alkalosis caused by the substance. The memo acknowledged the increased likelihood of its patients suffering from alkalosis while taking the drug. This documentation was not provided to its dialysis centers, its doctors or to the public. The FDA was only made aware of it when an anonymous person sent the memo to them.
This means that those who have taken Granuflo require a lawyer and professional guidance in approaching fair compensation. In cases of mass tort like these, the victim will be required to present evidence of injury to the court and enter in a significant amount of information during depositions and interrogations. This is an arduous process to tackle alone, and without help it can be difficult to figure out and track down whatever information is required to satisfy the burden of proof.
Ship crew and seamen face a number of unique risks while on the job, but a Jones Act lawyer can help a hurt seaman fight back against a negligent employer or ship owner. The Jones Act is a powerful worker protection statute and ensures an injured seaman is compensated in the event of an accident. This includes the right to sue for negligence following an accident – a right not normally given to hurt workers. Such protection demands that employers and ship owners take every measure to ensure their workers’ safety, and when they don’t, an attorney armed with the statute can make a powerful ally to an injured worker.
Passed in 1920, this federal statute offers three layers of protection to a qualified seaman. These benefits include:
Maintenance and cure – it doesn’t matter who is responsible for an accident, a hurt seaman is at least entitled to maintenance and cure. Maintenance refers to a worker’s mortgage, property taxes, utilities and food costs, and cure refers to a worker’s medical expenses. The employer must provide maintenance and cure until the worker maxes out on their recovery.
Compensation for unseaworthiness – a ship owner must provide a vessel that can be operated safely. Just because a vessel can remain at sea does not mean it is seaworthy. The owner must also provide all appliances and crew needed to carry out the vessel’s purpose.
Compensation for a negligent employer – an employer must also provide a safe environment for their workers. Unlike other negligence claims, those involving a qualified seaman require a much lower burden of proof. Normally, an injured worker has to prove that an employer’s negligence was the primary cause of an accident. A Jones Act lawyer only has to show that employer negligence was at least a factor, even if it was a minor one. Even something as small as a slippery surface can result in employer liability.
What qualifies a seaman for protection under the statute?
Only qualified seamen can receive benefits through the statute, though there are only a few hurdles to clear. For one, the seaman must have been hurt on a vessel in navigation, the seaman must have been contributing to the vessel’s function, and they must have spent a significant amount of time working on the vessel.
In 1995, the Supreme Court established these requirements during Chandris, Inc. v. Latsis. It concluded that a worker that spends at least 30 percent of their time on a navigating vessel may qualify under the statute. During most negligence claims, a seaman’s work schedule is often a point of contention, so a Jones Act lawyer will need to provide a detailed work history to execute a successful claim. Fortunately, experienced attorneys have the means to do so, and also have the means to fight for a settlement on the victim’s behalf.
There are several forms of low testosterone treatment available. Each of them typically work in the same way, by releasing steady amounts of the hormone into the blood stream over an extended period of time. Initially, doctors believed that hormone therapy for this condition was safe and highly efficacious, producing only minor side effects in most patients. After further review, though, researchers have found more serious complications associated with the therapy, some of them possibly fatal. In light of this research, the FDA released a safety alert regarding the procedure in January and will review it for further safety risks.
How is low testosterone treatment normally administered?
This form of hormone therapy can be administered in a number of ways, though skin patches and gels are the most popular. These are placed directly on the skin, where the hormone is readily absorbed. Once absorbed, it is taken into the bloodstream by the body. Some doctors opt to place a mouth patch, usually along the top of the mouth around the incisor. In rare cases, patients may receive hormone injections or implants, both of which deliver the hormone directly into the blood.
What are the complications associated with low testosterone treatment?
Many patients will experience some itching or a rash, but some will suffer from much more serious conditions that can threaten a patient’s life. Sleep apnea and prostate cancer can both be caused by hormone therapy, so doctors usually recommend thorough screening for cancer before beginning the procedure. Sleep apnea can cause lasting health conditions if it is not treated right away, including heart arrhythmia or withering fatigue.
Most of the serious dangers associated with this form of hormone therapy are associated with heart problems. The presence of the hormone will encourage erythrocytosis, or elevated red blood cell counts. This will effectively thicken the blood and increase the chances that it will clot and result in heart failure.
Recent research into the hormone therapy has also uncovered an increased risk of congestive heart failure. A study published in the Journal of the American Medical Association (JAMA) followed roughly 8,700 men who had experienced and survived previous heart problems that were also suffering from low concentrations of the hormone. About 20 percent were administered hormone supplements, and when compared to the control group, researchers found that there was a 30 percent increased chance of experiencing additional serious heart problems. In fact, 26 percent of the men who received the procedure suffered another heart attack or stroke within three years of starting the procedure. Another study published in PLOS ONE in January also confirmed the danger, finding that patients 65 years old and older were twice as likely to suffer from serious cardiac events if they received the procedure. Patients under 65 who were considered to be at risk of cardiac events were three times as likely to suffer a heart attack or stroke if they received the hormone therapy.
Those considering this form of hormone therapy should keep the risks in mind before beginning the procedure. Anyone who has received the therapy and suffered from severe side effects should consider speaking to a drug injury attorney to discuss their rights. Compensation, resulting from a successful case can be used to pay off mounting medical costs, and help if the victim can no longer work.
If you or a loved one has been injured in a boating accident, aboard a cruise ship, while loading or offloading ships, or any other type of circumstance at sea, you will need the assistance of an experienced and competent maritime lawyer.
Maritime and or Admiralty law is a distinct body of laws that govern incidents, activities, and offenses that take place on navigable waters. This includes lakes, rivers, streams and oceans. Activities that take place on land or at harbor such as loading and offloading ships are also governed by these nautical decrees.
Because of its unique nuances, these regulations can be very complex, and this is why it is important to consult a knowledgeable and competent maritime lawyer to advise you on the best way to deal with your particular case. An attorney experienced in this area will be knowledgeable of the regulations, but they will also have an extensive knowledge in personal injury, wrongful death, and worker compensation issues.
You may have been injured in a small craft accident or on a cruise liner; the manner in which the cases or claims are filed are different in each instance. For instance, the standard three-year-period that is allowed for filing these types of cases are not generally in effect concerning cruise ship cases, which have a smaller window in which to give notice of intent to file and the actual filing. The job of a maritime lawyer in this instance would be to protect your interest by making sure all filing requirements are met in a timely manner.
Just as with land accidents, a person injured in a boating accident has certain rights and expectations afforded to them through the regulations put in place. Because of the complexities involved, very little of it is common knowledge and this can become a situation in which the lack of knowledge is truly destructive and damaging to your potential case. A maritime lawyer will have the expertise to know the best way to approach your case in to order to produce optimal results and the greatest recovery.
There are multitudinous considerations in filing a maritime lawsuit - like whether or not you were on duty at the time of your accident or if it was a recreational outing. An attorney experienced in this field will be aware of the different distinctions associated with numerous variables and will be able to help you make the right decision on how to proceed. There are situations in which formal proceedings will not be necessary; such as when your attorney is able to enter into direct negotiation with the respondent (the person or entity responsible for your injury) and negotiate an acceptable settlement based on the severity of your injuries and consideration of total loss.
Hiring a competent maritime lawyer to help you handle your claim can turn out to be one of the best decisions you make. Dealing with cases like this can be overwhelming for any lay citizen, not to mention that the respondent will definitely have competent representation. Having qualified representation will provide you with the best opportunity for maximum recovery, not to mention the peace of mind in knowing that you are in competent hands.
Many American’s don’t understand what conditions may exist that would enable them to file a medical malpractice suit. All too often, consumers are not necessarily familiar with various terms that their physicians use when explaining a diagnosis, ordering tests, providing medications or ordering continuing care. In addition, whether one is seeing a doctor themselves, or they have a family member under the care of a physician, they have a right to a specific level of care. The physician owes the patient the proper care, proper medications, and full disclosure of their medical conditions, as well as any procedures that they may be faced with to treat the condition.
• Misdiagnosis – more commonly called failure to diagnose, there are a whole host of medical issues that you or a loved one can suffer from as a result of the physicians error in diagnosing a condition. Often times, doctors do not listen to what their patients are telling them about how they are feeling. This often results in overlooked symptoms, misinterpretation of symptoms, and failure to perform proper testing to find the answers. In addition, lab results are often misinterpreted or completely overlooked in diagnosing a patient’s condition. It is not uncommon for medical malpractice to include misdiagnosing cancers including cervical cancer, prostate cancer or colon cancer to be confused with other conditions rather than the true ailment. Unfortunately, a wrong diagnosis or missed diagnosis often means that crucial treatment options are overlooked, with sometimes fatal results.
• Birth injuries – every year, physicians overlook risks that can result in a child being born with the defect. In the end, these risks can result in cerebral palsy, facial paralysis, brachial plexus injury, and even some forms of encephalopathy. Sadly, some birth injuries may also result in the death of an otherwise healthy infant. Too frequently, physicians prescribed medications including some that may increase the chance of a woman giving birth to a child with a serious birth defect. While some of these defects may be congenital in nature, too frequently birth injuries are the result of medical malpractice.
• Infections – from Ecoli infections to MRSA infections, to various pediatric infections, often times hospitalized patients wind up with serious and often life-threatening infections. These infections can often cause lifelong problems, and unfortunately in some kind cases they may even cause death. This may be one of the most overlooked forms of negligence that the general public faces every single year. In general, these infections can be prevented by proper care from doctors and nurses who should know better.
Medical malpractice is extremely frightening, not only for victims, but for their families as well. As technology improves there is almost no need for anybody to ever be a victim. As physicians get more patients and begin to cut corners the potential for danger to their clients may be even greater. If you or someone you love is suffering because of any treatment or lack of treatment, it is a good idea to consider contacting a medical malpractice attorney. Not only can they help you understand what rights you have as a patient, they can also help you protect those rights and serve as a voice for victims and their families.
Our law firm services the following areas in and around Houston Texas :
If one has been diagnosed with Mesothelioma, they will want to contact a law firm with an experienced Mesothelioma attorney on staff to help guide them through the legal process and to represent them properly in the event that they decide to become part of a class action lawsuit. Those affected have only a short window of time after diagnosis to file a lawsuit before the statute of limitations in their state runs out, so they will want to speak to a Mesothelioma attorney as soon as possible after receiving a diagnosis.
Mesothelioma is caused by exposure to asbestos, and can take as long as fifty years to occur after the initial exposure, although most cases occur around 10 to 20 years after exposure. Most asbestos exposure happens while in the workplace, but it can also occur in other locations. Construction workers, firemen, chemical and industrial plant workers, auto mechanics, mechanics on railroads, people who served in the navy and many other professions. Many don’t realize that those who live with people in high-risk occupations can also contract this disease. Short but intense exposure, such as first responders often experience, is the most likely to cause problems later in life. If you or someone you know falls into any of these categories, you will want to be on the alert for the symptoms of this disease.
The money put aside for victims of asbestos exposure is quite large, but the patients are often faced with staggering medical bills. An asbestos award can help defray the costs of treatment and provide for family members later on, so it is vitally important that mesothelioma patients work with an experienced Mesothelioma attorney to ensure that all legal avenues are aggressively pursued to ensure the maximum award for the injured party.
Since the law varies from state to state where this matter is concerned, an experienced Mesothelioma attorney can help determine the optimum location for filing a claim. Some patients are eligible to file claims in multiple jurisdictions, but only a lawyer who is completely familiar with the different statutes can easily make this determination and decide on the right jurisdictions for each particular case.
In addition to helping you decide when and where to file a claim, an lawyer that is experienced will guide you through the entire process, including preparation and filing, responses, discovery, depositions, possible settlement offers, the trial if there has not been a settlement offer, and any possible appeals. This is a complex process that requires a thorough knowledge of the complete body of law and precedents in mesothelioma cases. Seemingly minor errors could invalidate a patient’s claim, which is why it is so important to work with a lawyer that is experienced in this particular matter.
Find out if the Mesothelioma attorney will work on a contingency basis. This means that they do not require payment up front. They will work with you throughout the filing and settlement processes without payment, and will only collect a share of whatever settlement the patient is awarded if they win. Lawyers that are experienced in these types of cases are adept at determining up front if a case has a high likelihood of receiving an award, which is another reason to select a lawyer with extensive knowledgeable on the matter.
Women looking for an effective form of birth control may be wondering what is Mirena as well as similar devices. This form of birth control is like many other intrauterine devices (IUD) in form and function. It is among the most effective birth control methods available and uses the hormone progestogen to prevent pregnancy. However, while this product is effective and popular, it can cause many adverse effects, some of them extremely serious. An IUD with progestogen is especially dangerous to women who are already pregnant or become pregnant while using the device.
What is most effective about Mirena is its method of birth control. Progestogen prevents fertilization of the egg using several mechanisms. It thickens the mucus in the cervix, which reduces sperm survival rate and makes it difficult for the sperm to enter the egg. This hormone also affects the endometrium, or inner mucus membrane that lines the uterus. During menstruation, the endometrium swells with nutrient rich blood. The tissue lining the uterus thickens during this process. When the endometrium is in this state, it is the ideal surface for a blastocyst to adhere to. Progestogen inhibits this natural process, making the uterus less hospitable to a fertilized egg. The hormone also inhibits ovulation in some women. Many studies confirm what is most effective about Mirena. These studies show that even though the device prevents pregnancy in multiple ways, it is best at preventing fertilization.
However, even though the IUD is efficacious at preventing pregnancy, it must be used with caution. IUDs are known to cause many health complications and can be particularly damaging to women who become pregnant while using the device. Irregular menstruation and cramping are common during the first few months of using the device. Some women suffer from pelvic inflammatory disease, or PID, within the first 21 days of inserting the IUD. This infection is rare, but can be serious if not treated.
What is dangerous about Mirena is how it affects women who are pregnant. The failure rate of the IUD is only .2 percent, but its use is contraindicated as soon as a woman is pregnant or thinks they may be pregnant. This is because the hormone can cause many pregnancy complications, like ectopic pregnancy, miscarriage or early labor and premature delivery. Ectopic pregnancy occurs when a fertilized egg implants somewhere outside of the uterus. In the vast majority of cases, an ectopic pregnancy is not viable. It can also cause severe internal bleeding, which can be fatal if not addressed. While half of ectopic pregnancies resolve themselves without any form of intervention, surgery is needed in many cases, especially if the fallopian tubes are in danger of being ruptured.
For many women, what is convenient about Mirena is its long-term effectiveness. It can function for several years before it needs to be removed. During this time, though, any woman using the IUD will need to act quickly if they become pregnant. While there is no confirmed risk of birth defects in children born to women using the device, major internal bleeding can appear suddenly.
Any woman who has used this IUD and suffered from severe health complications should consider speaking to an attorney experienced in personal injury. These experts can often help a victim receive compensation for their suffering.
When you start looking for a motorcycle accident lawyer you should know the difference between a good lawyer and a great lawyer. There are many "discount" attorneys on the market who promise lower prices and quality representation, but they may not be well-versed in cases involving motorcycles. They may not even have adequate experience in personal injury claims. It is essential to understand that the difference between a good attorney and an elite personal injury attorney could mean thousands of dollars or more off of your final settlement.
Going through this type of accident may inhibit your ability to go to work, which is never easy. You may feel like the whole world is coming down on your shoulders. Without the ability to work, bills will begin to pile up, and the strain of everyday life will compound your troubles. This may make getting through the day difficult or even overwhelming. It may seem like it's never going to get any easier. However, it is important to know you do not have to face this difficult time alone. You need to hire the best motorcycle accident lawyer on the market to properly represent you.
Many people hesitate on taking action when they are hurt in this type of accident. Sometimes it has the effect of causing guilt and depression, although they don’t realize that this may be because of the immense pain, emotional stress, or pressure from an employer or insurance agency. When the fault of the incident falls on a passenger vehicle or an 18-wheeler, it is important to remember that proper legal representation can afford the injured party valuable restitution for the damages, both physically and to the bike, and also for the money that may be lost as a result of the injured party not being able to work. If there is physical therapy that will be required to adequately heal, this can be included in the suit as well.
There comes a moment when a choice has to be made to litigate. The primary and most important step is selecting the best attorney you can find. Finding the best motorcycle accident lawyer can make the difference on having better representation which will result in a larger settlement. You want to make sure that your case is important to your legal representative and not just another case. It also helps to choose one that has many years of success and experience. Generally speaking, the longer a law practice has been established the more experience they have in dealing with insurance claims. This also means they win more cases. Some of the most effective motorcycle accident lawyer will offer a no fee guarantee which means that they do not get paid until you win your settlement. This ensures that not only will they work hard for every dime on your behalf, but also that the case is worth fighting, and that the attorney is not just stringing you along.
You will discover that when you begin your search for a motorcycle accident lawyer that the phone book and the internet are loaded with attorneys who all seem to offer you the best representation. But remember that it is essential to take some time to do research on an attorney before signing any kind of legally binding agreement, and those with high success rates in these types of cases are the best ones to consider.
An offshore injury lawyer specializes in helping workers who spend much of their time on seagoing vessels. These workers are exposed to risk on a near-constant basis, so they need their employers to take extra care for their well-being. A slick surface, an awkward blind spot, a single splayed wire – these are just some of the small dangers that can seriously injure a worker. And medical assistance may be hours away, which means even a slight injury may escalate to something life-threatening.
Fortunately, many ship workers and seamen are protected by the powerful Jones Act, which gives them legal rights that few other workers share. This includes the right to sue an employer for negligence, which means a hurt worker may recoup much more compensation for an injury. However, a worker will have to prove their case in court, which means they need experienced, knowledgeable legal representation to manage the claim.
What claims can an offshore injury lawyer assist with?
As long as a seaman is qualified under the Jones Act, they can sue an employer for negligence, and a ship owner if their vessel is not seaworthy. In both cases, the seaman can be put in great danger, so employers and ship owners must put forth every effort to provide a safe work environment. In most industries, hurt workers have to go to great lengths to prove employer negligence, but claims filed using the Jones Act are different. Victims have a much lower bar to clear in terms of proof, which greatly increases the liability an employer may have in the event of an accident.
For example, in most settings, if a worker slips on a slick surface and breaks their arm, they may only receive worker’s compensation, even if the employer is partly responsible for the danger. That’s because victims filing negligence claims against an employer must prove that the employer’s negligence was the prevailing factor. With the Jones Act, though, an offshore injury lawyer only has to demonstrate that the employer’s negligence was involved to any degree at all.
Qualified seamen can sue for the medical expenses, their current and future lost wages, and their current and future pain and suffering. It can be difficult to quantify these values, but an attorney can help with this, ensuring that a victim is taken care of going forward.
However, it is also essential that a victim prove that they are qualified under the Jones Act. Though there are a couple requirements to demonstrating qualification, the major hurdle a victim must clear involves their work history. Qualified seamen must spend at least 30 percent of their time on a navigating vessel while contributing to the vessel’s purpose. An offshore injury lawyer can prove this on the victim’s behalf, preventing any attempt to undermine the victim’s claim based on their work history.
Seamen hurt on a vessel may face years, or a lifetime of recovery. An offshore injury lawyer will ensure that these workers can approach their recovery with the resources they need, and help them fight for their legal rights.
Oilfield accidents, while extensively documented, are typically underreported because even a small number of worker injuries can have an impact on the company’s safety record. Even with significant underreporting, the petroleum industry is one of the most dangerous in the world, with a high number of worker fatalities and injuries compared to most other occupations. This is because petroleum industry workers have to contend with a variety of workplace dangers on a daily basis. For example, in 2010, a drilling supervisor was killed after being attacked by a black bear. In 2011, a pipefitter died from asbestosis caused by asbestos he was exposed to while on duty.
What are the most common oilfield accidents?
Between 2003 and 2007, there were about 4,000 nonfatal injuries and illnesses each year due to workplace conditions. Most of these were caused by falls, both from elevated heights and level ground. Falls were a major problem for both onshore and offshore workers, and accounted for nearly 30 percent of all injuries in the industry. Vehicle accidents were also a primary source of onshore injuries, most of them occurring during transport between facilities.
Onshore and offshore workers both have to worry about being struck by an object, as this accounted for almost one quarter of all incidents between 2003 and 2007. This is a common problem at drilling sites and on the platform where heavy objects are frequently moved by cranes.
Overexertion is another common problem, being linked to about 20 percent of all injuries between 2003 and 2007.
What injuries can oilfield accidents cause?
The severity of workplace injuries depends on the cause of the incident, though even seemingly minor incidents can result in permanent injury. Overexertion, while common, is usually not severe, but it can cause lasting pain, particularly in the back, shoulder, or neck. Unfortunately, overexertion injuries are underreported, and many companies do little to prevent them. Frequent shift changes and regular medical attention can help prevent them, but this requires a concerted effort by the company to avoid overexertion injuries.
Falling or being struck by an object can cause a variety of injuries. Some of the most common injuries include multiple broken bones, paralysis, or traumatic brain injuries. Spinal cord and brain injuries are particularly troublesome as they often result in permanent complications, often affecting the victim’s ability to work. Brain and spine injuries can result in paralysis, cognitive dysfunction, motor or speech disorders, or a number of other problems.
When should an injured worker seek legal representation?
Mostworkplace injuries are preventable, whether they occur on or off shore. Oilfield companies are responsible for maintaining proper safety protocols and providing hazard protection for their employees. Fall protection like guardrails or nets must be present at all job sites if falls are a possibility. This is especially true on offshore platforms.
If these safety measures aren’t present, then the company may be liable if a worker is harmed while on the job. Petroleum workers hurt while on the job should consider contacting a personal injury attorney. Consulting with an experienced lawyer can help a victim make an informed decision about their options for filing suit, and possibly being compensated for the injuries sustained.
Social Security Disability cases likely to be referred
Sometimes life simply doesn't go as planned, and some circumstances will result in the need of a personal injury lawyer. Dealing with the results of an accident is one of those things that makes life difficult in more ways than one, especially when the damage suffered is the result of someone else's misconduct or negligence. When this happens, it is time to look for competent legal representation.
These attorneys help their clients who are suffering from many different causes. The reason that comes to mind most often is the auto accident. While there are many auto accidents that don't result in any type of affliction, there are many that do. Common wounds can include broken bones, whiplash, back problems, or even more serious injuries such as paralysis or head trauma. In addition to car accidents, injuries can be the result of slips and falls, medical malpractice, or workplace incidents, just to name a few, and they can be physical, mental, or psychological.
Those who are involved in any accident where they were hurt should contact a personal injury lawyer as soon as they can after the accident. Getting the proper medical attention is most important, both for the wounded party and for their potential case. Having enough information about one's case is the primary key to getting the desired outcome once the case gets underway.
Those who have needed to find a personal injury lawyer find out rather quickly that their attorney's expertise goes beyond the parameters of their particular case. Personal injury is a specialty that falls under Tort Law. A tort refers to a civil wrong significant enough to qualify for a lawsuit. There are intentional torts, where the wrongdoing was done on purpose, negligent torts, where a person failed to follow rules or other requirements which resulted in damage, or strict liability torts which involve defective products. Bodily harm can be the result of any of these situations, but they may also result in property damage or even wrongful death.
Those who have suffered at the hands of another’s negligence need to find a personal injury lawyer that has experience with Tort Law. Many law firms will advertise the type of cases where they have had the most success. Some firms may have a lot of success against individuals and do well in cases such as car accidents where the case is brought against a single driver. Others may have a better track record when it comes to getting their clients compensation for injuries caused by defective products. In these cases, it is more likely that they will be taking on larger companies and they may even have several clients with a similar story.
Ultimately, when a person chooses an attorney to represent them, there are some important things to consider. One is the previous success the personal injury lawyer has had in similar cases. The initial consultation should give the client a clear picture of what can be expected as the attorney reviews the information provided. Another important factor is the affordability of the attorney and their firm. Many legal representatives will take a case and only receive payment once the case has been settled, which can offer some valuable peace of mind to the client during a tumultuous time.
Any time industrial processes call for the creation of vast quantities of gases, build-up of heat, and large-scale chemical reactions, there always runs a risk of a plant explosion. However, with the right safety precautions, risks can be mitigated and deadly disasters can usually be averted. Such safety measures include regular maintenance, scheduled evaluations of critical equipment, emergency plans being in place for “worst case scenarios”, and proper employee training on potential workplace dangers.
Sadly, many tragedies could likely have been prevented by simply avoiding carelessness. All too commonly, the cause of a plant explosion is a simple fire that spirals out of control, perhaps from not disposing properly of an ill-advised cigarette butt. Other frequent culprits include improperly maintained boilers, malfunctioning equipment, poor training of employees (poor labeling, unsafe procedures), the usage of impure chemicals, well blowouts, and safety violations. In most cases, the cause of such a disaster is a combination of an initial predisposition and some degree of negligence.
In the hot, dry and arid climate of rural Texas, perhaps the most susceptible place for a plant explosion to occur would be a fertilizer plant. This is because of the deadly combination of anhydrous ammonia and ammonium nitrate. While both chemicals are used in the fertilizer industry, both are known to be very volatile with explosive properties when under enough pressure or heat. These dangerous chemicals can burn the skin and lungs when held at room temperature in gas form. When suspended in liquid form, it must be pressurized and thus is hazardous for its explosive potential.
Because of the multi-faceted nature of such a disaster, victims from a plant explosion can suffer a host of different injuries. Localized destruction of nearby buildings, toxic fumes in the air, and raging fires wreak havoc on those nearby—ranging from burns and skin disfigurement, respiratory disorders, broken bones and amputated limbs, and lifelong conditions arising from exposure to toxicity.
Burn injuries are perhaps one of the most devastating ways in which a human can be wounded. While medical bills and time missed from work can be quantified, it’s hard to gauge the psychological and emotional impact of living the rest of one’s life with visible scars.
Sometimes it is discovered in the aftermath through investigation that health and safety violations were being committed, which contributed to the gravity of the incident. OSHA (Occupational Safety and Health Administration) violations are very serious indeed, and any known breach of these laws can result in a company paying heavy monetary fines. Negligence on the company’s part to comply with such regulations is a very serious issue, which could make them legally liable for anyone injured.
Power morcellators have been around since 1993, when the first model was introduced to the market. It was considered a significant step forward in hysterectomy and myomectomy procedures at the time, as before surgeons had to operate these devices manually. But other than their automatic function, they do the same thing – mincing bulky tissues in the abdomen and remove them from the body. In the majority of patients, this means removing the uterus or growths attached to the uterus, both of which are common procedures in women. However, there is a known downside to the technology that can have serious health ramifications, and its dangers have prompted the FDA to recommend other forms of treatment instead.
What do power morcellators do?
In general, laparoscopic procedures are considered superior to traditional, large incision surgeries, and these devices allow for laparoscopic hysterectomies and myomectomies. However, they employ simple technology to do their job, which is to mince up problematic tissues and deposit them outside the body. The device consists of a large tube with sharp jaws on the end, and a method of grasping the tissue and removing it. While in operation, the jaws spin and tear through tissue at the treatment site, while a vacuum or grasper grabs onto the tissue and removes it.
Who is usually treated with power morcellators?
As the technology is largely used to remove the uterus (hysterectomy) or benign uterine growths known as fibroids (myomectomy), the vast majority of patients are older women. However, the device can also be used in other procedures, so men occasionally are treated with the device.
What are the health concerns with power morcellators?
For many years, doctors have known that during every procedure, there is a chance that the device is not completely effective and leaves tissue behind. These tissues are often deposited throughout the abdominal area, giving them the potential to seed disease throughout the body.
This is primarily a concern when a patient is harboring a form of cancer known as leiomyosarcoma. Leiomyosarcomas are difficult to detect prior to surgery and have a high mortality rate if the tumor is malignant. If a woman with an undetected leiomyosarcoma receives treatment with one of these devices, the cancerous tissue can be deposited throughout the abdomen, allowing it to spread extremely fast and become nearly impossible to treat. Even if the sarcoma is benign, spreading it makes it more difficult to treat should it result in symptoms. About 1 in 350 women are believed to have an undetected uterine sarcoma, and leiomyosarcomas are among the deadliest in that category.
The device has already been linked to several patient deaths resulting from explosively aggressive tumors, and the situation is now considered too dangerous by the FDA to continue. Many patients have already filed claims against device manufacturers and more are expected in the coming years. Victims are encouraged to consider their legal options if they have been treated with the device and later developed cancer, benign or otherwise.
Do you or a loved one have reason to investigate a Pradaxa lawsuit?
Blood thinners are prescribed for an array of conditions, and Pradaxa is one of the more popular ones prescribed for antiplatelet or anticoagulant therapy. It is estimated that up to 75% of the population will benefit from a blood thinner in their life, and there are numerous types of blood thinners to target specific areas and conditions. The medication works by reducing the natural rate of blood clotting in the body; however, the blood clotting is slowed in various ways, so there are numerous medications that will target the action differently.
For instance, Warfarin is the oldest and most prescribed blood thinner on the market. It blocks the actions of vitamin K, which helps the body produce blood clots. Whereas Paradaxa, or dabigatran, is a thrombin inhibitor, and it is also one of the newest drugs on the market that has shown success at thinning the blood and preventing blood clots. It is prescribed to reduce the risk of stroke and clots in select patients that have atrial fibrillation.
However, dabigatran has caused serious injury and death resulting in the need to file a Pradaxa lawsuit. People that use the medication have been reported to have a 5 times higher risk of serious bleed-outs than people not taking the medication. As of May 2013, 603 deaths and 2,300 hemorrhages have been associated with people taking the drug. While the FDA is still “investigating” the seriousness of the side effects presented by dabigatran, people and families of those that have suffered serious reactions or deaths are seeking the help of experienced drug lawyers.
Investigating whether or not a person qualifies for a Pradaxa lawsuit typically begins by contacting a qualified drug injury attorney. To date five “bellwether trial” dates have been set: August 11, 2014; September 22, 2014; November, 2014; January 5, 2015; and February 16, 2015. At a bellwether trial a large number of plaintiffs are represented at a single time by a few of the plaintiffs, and the judge hears the testimony before making a decision that affects the whole group. The enormity of the victims qualifies the case for a Multidistrict Litigation (MDL) instead of a class action.
More than 18,000 side effects and adverse reactions have been reported. However, this dangerous medication is still highly prescribed by healthcare providers. The serious risk of internal, uncontrollable bleeding is unlike similar drugs. For instance, if a patient is presented with rectal hemorrhaging while taking Warfarin, there are options to stop the profuse bleeding; this newer medication has no such safeguards. There is no stopping the bleeding.
A Pradaxa lawsuit could help compensate victims and victims’ families for losses suffered by the dangers of the medication. Boehringer Ingelheim Pharmaceuticals is being held responsible for the injuries and deaths caused by the medication. A qualified drug injury attorney is capable of representing those that have suffered, and there is typically no upfront fee required. In fact, many attorneys will not expect a payment unless there is a positive outcome for the victims.
If a Pradaxa lawsuit is in the future, it is important to always stay safe. Never stop the medication without the help of a licensed physician. Suddenly stopping the medication may increase the risk of stroke or internal bleeding.
It is not possible to reverse the damage suffered by the drug; however, restitution may help relieve future burdens and suffering caused by the medication. Consider contacting a qualified attorney today to explore the options today.
When one thinks they may need to find a product liability attorney, it is important to understand what this means. Liability is a term used to explain who is responsible according to the law, and when it comes to any type of merchandise, it is the obligation of the manufacturer to ensure their product is safe to use. It is also important to understand the reasons why these types of laws are in effect, and that is to protect the consumer.
Not a day goes by in America without someone being injured or accidentally killed because of defective goods or a negligent manufacturer. When this happens, a legal representative who understands these laws can be retained to step in and help recover the victim’s losses in the form of payment from the manufacturer.
These laws were specifically created to ensure that companies take care in manufacturing and selling goods that are not defective or unduly harmful. A product liability attorney will focus their expertise on the laws associated with defective goods. They will do all they can to recover, from the manufacturer on their clients behalf, any financial loss due to medical expenses or inability to work should the client become injured because of defective merchandise.
There is no way that an injured party can recover lost time or lost health, but by hiring a reputable product liability attorney, they can seek financial compensation to help make up for pain and suffering, as well as covering any incurred medical bills and loss of pay while they are unable to work. Some of the losses in this type of case may include: • Medical payments
• Temporary or permanent loss of income
• Pain and suffering or emotional injuries
• Loss of a loved one’s care, love or companionship
Product liability laws are highly regulated and complicated to decipher. Legal representatives who specialize in these particular cases know the details of the laws concerning defective merchandise, personal injury and wrongful death. They know that some of the most common injuries come from toys, baby products, foods that can become contaminated, electronics, vehicles and boats, clothing, sporting goods, tools or medical devices. They also develop professional relationships with top experts in other fields who will testify to the proof of defects that cause injury to consumers. These experts include failure analysts, engineers, and professionals in various medical fields.
A product liability attorney is similar to those that handle personal injuries in the fact that they seek compensation for those who have injuries due to the negligence of other. However, this special type of lawyer focuses their attention only on injuries or wrongful death caused by defective merchandise or a careless manufacturer. A reputable and highly respected lawyer is usually paid on a contingency basis, which means they are paid a percentage of the amount they recover on their client’s behalf. This means that if the client doesn’t win their case, the attorney will not get paid, plain and simple.
Seek the help of a successful lawyer if you are injured or a loved one has died as a result of a purchased item’s faulty design or manufacturing. This may result in recovery of loss from wrongful death, or receive compensation for personal injuries by filing a claim.
Our law firm services the following areas in and around Houston Texas :
The Terry Bryant Scholarship is an opportunity for high school seniors to better their communities while vying for a $2,500 scholarship. The scholarship is open to all U.S. high school seniors planning on seeking a degree at an accredited four year university.
Entrants interested in the Terry Bryant Scholarship must produce a video, written essay, or PowerPoint presentation discussing one of the following: The dangers of underage drinking, drunk driving, or distracted driving. Entrants are encouraged to present analysis and possible solutions for reducing teenage injuries and fatalities associated with one of those three topics. In addition to their presentation, entrants must send the law firm their high school transcript, SAT or ACT scores and letters of recommendation. A committee of judges will evaluate each entrant based on the quality of their presentation, their academic achievement and potential, their community and school involvement, and any volunteer work they have performed.
Entrants must send all of their entry materials, including the presentation, application, letters of recommendation, test scores and transcripts to the law firm by April 29, 2017 in a single package. The winning entrant will receive a $2,500 scholarship disbursed in a single installment to help pay for the student’s first year of college.
Teenage drivers have the highest rate of vehicle accidents in the nation. By highlighting the effects of dangerous driving to their community, we hope students around the nation will join us in working to prevent teenage driving injuries and fatalities.
“This scholarship represents more than just an investment in a promising student’s education. It represents a commitment to our youth and to protecting our teenagers from dangerous driving,” Bryant said.
Terry Bryant Accident & Injury Law is located in Houston, Texas and has decades of experience working with wrongful death, medical malpractice, auto accident, workers compensation, maritime injury and personal injury cases.
The consequences of a semi truck collision can be devastating. Victims of these crashes may want to consider a semi truck accident lawyer that is specially trained to handle commercial vehicle incidents.
There are thousands of massive trucks on the road everyday. Though these commercial vehicles serve an integral purpose for the economy, they can often clog up roadways and create potentially hazardous conditions for other drivers. Due to the sheer size of these trucks, a collision between a truck and a smaller automobile can be absolutely catastrophic, and the consequences of such a crash can be very complex.
Due to the fact that semi trucks are commercial vehicles owned by the companies that employ them, rather than the drivers, proving who is fault can be very complicated. The companies that own these trucks may have private maintenance workers performing repairs on the vehicles. If any of those workers makes a mistake that proves fatal, then an attorney would have to prove negligence on the part of the worker. If a driver is generally ill-equipped to operate the truck because of a lack of knowledge or experience, then the trucking company may be at fault for employing a driver who could not effectively perform their job.
How an Attorney Can Help
A semi truck accident lawyer can help a victim by proving that the driver was negligent to an extent that their negligence contributed directly to the collision. This negligence can be proven by analyzing various aspects of the driver’s professional history:
Driving violation/Accident history
Route log/driver log
A driver can be held liable for the crash if any aspects of their professional history are troubling. Drivers can also be held liable if it can be proven that their cargo was overloaded, they were driving too many hours at once, or if they were far outside their intended route. An attorney will also work with investigators to determine if the driver was potentially under the influence of drugs or alcohol during the accident. But if at all possible, it is important for victims of these crashes to report any information they can about the circumstances of the crashes. A semi truck accident lawyer may be able to help a victim get adequate compensation for a wide range of injuries, from minor cuts and bruises to more serious medical emergencies that may require surgery. An attorney may also be able to help a victim get reimbursed for costs associated with lost wages, car repairs, or emotional damages. The amount the attorney fights for will depend on the severity of the injuries and the costs of the victim’s hardship. A semi truck accident lawyer has experience in dealing with the complicated nuances of commercial vehicle accidents and can fight to help victims prove their innocence and get the recompense they deserve.
When does it become necessary to hire a Social Security Disability Attorney? Americans, as a general rule, are hard-working, and they take pride in working to earn a living in order to take care of themselves and their loved ones. Unfortunately, there are those moments when the unexpected happens and they lose their ability to effectively earn a living due to health reasons. Maybe they were the victim of an accident that left them disabled, or maybe they have been diagnosed with an illness that will limit their ability to perform their normal job tasks. In America, those that have worked and paid the required amount into the Social Security Disability Program are eligible to receive financial benefits, both short and long-term depending on the severity and duration of their physical condition.
Unfortunately, it can be quite overwhelming for the average person to navigate the labyrinthine corridors of the Administration’s application process. The process not only requires the gathering of the right documentation and all additional information, it is very particular in the order and timing that this information is presented. Considering the difficulty associated with this tedious process, when is it a good idea to hire a Social Security Disability Attorney?
This specific type of lawyer is one that has specialized expertise and knowledge of the Administration’s application process and possesses the expertise to streamline and expedite this process. With all of the particular nuances associated with applying for these types of benefits, an applicant can find themselves wading through an ocean of paperwork and endless tasks of collecting data and documentation. A Social Security Disability Attorney specializes in simplifying the tasks and assuming much of the responsibility of completing the application for their clients. The lawyer serves as an advocate for their client, literally fighting through red tape, arbitrary delays, and the infamous denial letter.
For those applicants that are initially denied their benefits, the nightmare of filing an appeal begins. This process is even more complex and tedious than the initial attempt. This can be a very frustrating time for a disabled person. Having to face the complications associated with their disability and then having to enter a lengthy process with the Administration to receive benefits can often times be more than they can bear. A Social Security Disability Attorney can provide that buffer between the applicant and the Social Security Administration.
The Social Security Disability Attorney will be able to not only move the client through the appeal process, but they will be able to keep them abreast of what is going on. One of the most frustrating issues that these applicants face is uncertainty - not knowing where they are in the process. Fortunately, no applicant has to go at it alone, in fact none should. There is the possibility that one may be able to handle the application on their own, but why risk be denied, only to be transitioned into fighting in the appeal process. If there is a chance to get it right the first time, it is best to take it and save yourself the hassle.
Social Security Disability cases likely to be referred
Our law firm services the following areas in and around Houston Texas :
Swimming pool and drowning accidents are often horribly tragic, as they often involve extremely young children. The water is a dangerous place for a child, even when there are adults around, and if unsupervised, it is an imminent threat to the child. In fact, among children aged one-four, drowning is the second-leading cause of death, and every day, two more children 14 or younger are fatally harmed this way. Most of those fatal injuries occur in the backyard or at a neighborhood park, which means that parents must remain vigilant at all times.
Of course, teenagers and adults are at risk too, and many swimming pool and drowning accidents are the result of poor maintenance or management. If such negligence is present, it may not matter how skilled someone is in the water, because a single mistake might prove fatal.
What are the most common causes of swimming pool and drowning accidents?
Water is a constant hazard when someone enters it, so there are many factors that can contribute to an injury. However, most of these risks can be avoided with basic safety measures. Some of the most frequent risk factors include:
Unfenced water – the risk of fatal injury to young children decreases by about 80 percent if the water is fenced on all four sides, and not just protected by property fencing.
Overcrowded water – in especially crowded water, a lifeguard may not be able to see someone who is struggling to stay above the water’s surface.
Missing barrier or signage pointing out deep water – just cordoning off the deep areas with rope can give parents and lifeguards enough time to notice a child attempting to enter deep water.
Murky water – poorly treated water will eventually become so cloudy that it is nearly impossible to see into from a distance.
Lack of safety equipment and personnel – Sheppard’s hooks and throwing ropes must be available to rescue people from the water, and lifeguards may also be required in some instances.
Malfunctioning lights, drains or ladders – these provide a safe experience for people in the water, and if any are not functioning correctly, it might be impossible to exit the water safely or see into it at night.
When swimming pool and drowning accidents are caused by one of these factors, liability will be determined using premises law. Premises law outlines who is responsible for injuries that occur due to a property feature. In general, whoever owns and is responsible for managing the water or pool will be liable if anyone is harmed due to negligence.
If someone is invited onto the property, or the property is open to all, then the property owner must alert all guests of hidden dangers around the water, provide safety equipment, maintain fencing, and keep all lights, drains and ladders in good working condition. These protections are not extended to people who trespass on the property, except for young children, who are considered particularly vulnerable to swimming pool and drowning accidents and must be kept out by secure fencing.
Property owners have a responsibility to keep their pools safe. When they don’t, they are risking lives and leaving themselves exposed to serious liability.
Many families have Johnson & Johnson’s baby or body powders in their bathroom cabinets, which makes the recent surge in talc powder lawsuits all the more frightening. There has been a link found between ovarian cancer and powders such as these, when used on a frequent or regular basis for a number of years. When assessing whether or not a suit should be filed on the behalf of a consumer or loved one to potentially receive compensation for their pain and suffering, it’s important to be fully informed on the possible health effects and the types of suits being filed.
What does it mean when it is said that the usage of talcum powder can cause ovarian cancer? This health effect is only applicable to women who regularly apply the product directly to their perineal area or undergarments. Some women do this on a weekly or even daily basis to help keep cool and odor free. Some condoms have been known to be coated with these powders as well, also posing some risk. The potential for talc powder lawsuits stems from those women who use the product frequently and regularly for extended periods of time.
The first study to officially link talc-based powders with ovarian cancer was back in 1971, which Johnson & Johnson was aware of and ultimately considered “inconclusive.” Since then, various other studies have been conducted, some finding that the talc in the powder can travel up through the vaginal passageway to the ovaries, lodging in the tissue and potentially causing inflammation or even cancerous tumors. Regardless of these striking concerns, companies like Johnson & Johnson still refuse to put any form of warning or information on their product labels. This means that unsuspecting consumers continue using the product, increasing their risk for ovarian cancer, which is why we are seeing a surge of talc powder lawsuits.
After seeking medical help, the next concern for most victims is whether or not they will be able to hold the manufacturers liable for the harm inflicted. One option of talc powder lawsuits is the class action suit. Many have already been filed, and this type of suit seeks damages for consumers who purchased the product, not just those who have suffered from ovarian cancer. This suit can be beneficial for individuals who may not have the financial means to file alone. The other option is the individual lawsuit. Individual suits seek compensation that is determined by that individual’s personal losses, whether physical, financial, or emotional in nature.
It is ultimately a company’s responsibility to ensure that the products they are selling are safe to use, and if it discovered that the product may pose a health risk, it is the company’s responsibility to warn the consumer of possible health effects or reactions.
Believe it or not, some form of train or Metro light rail accident happens approximately every two hours in America, and hiring a train accident lawyer is by far the best way to receive restitution from the resulting injuries and hardships. When people think of this type of incident, they often think of a derailment where dozens of cars tip over and hundreds of people are injured. In actuality, that type of incident is fairly rare as the majority of the locomotives pull freight cars rather than passenger cars, and most incidents that cause injury actually occur at railroad crossings. Regardless of the cause of the accident, contacting reputable and experienced attorney will be the best way for those that are directly affected to make sure their rights are fully protected.
Many of these unfortunate incidents occur because people think they can beat the engine at the crossing and misjudge the speed and distance. They feel that even though their vehicle is seen in the crossroad that the engine can either slow down or stop in time to avoid a collision. However, even the shortest train can take hundreds, if not thousands of feet to stop, which means that a car in a crossing will almost always be hit. This will almost certainly result in devastating injuries and property damage, and sometimes it will even result in the deaths of those in the vehicle. On the other hand, if this type of incident happens because the railroad crossing arms and signals malfunction, a train accident lawyer will be necessary to file a case and hold the responsible party accountable..
In other cases where the victim isn't at fault, such as during a derailment or a collision with Metro light rail, a train accident lawyer will be indispensable. Injuries and the resulting medical bills as well as other expenses a victim will incur because of the incident shouldn't be borne in any way, shape or form by the victim, especially since they are mere passengers on the locomotives involved. Those responsible for the negligence that led to the incident should be held liable for the medical expenses, insurance co-payments, lost wages and other expenses that will incur as a direct result.
With an attorney who understands the ramifications of railroad laws, victims and their families can receive the compensation they justly deserve. Whether the injury is minor, extensive, or whether an unfortunate death occurs, the resulting impact on the victim and their families is definitive, and compensating them for the damage is the liability of those responsible. A train accident lawyer understands these ramifications and will ensure that fair and equitable restitution for the injured party is received.
It doesn’t matter whether the case is a class action lawsuit against one or more companies, or is a stand-alone case, as the best train accident lawyer will be able to get the highest legal settlement possible for the victim, regardless of the circumstances. Families who lose loved ones as a result of a railroad or Metro light rail incident deserve proper compensation for their loss, and with a good attorney, they will receive the justice they deserve. Whether it's future earnings from a spouse, or compensation for losing a parent, no amount of restitution is enough, but being able to receive some financial recompense will help.
When patients receive any form of treatment, they expect that the worst side effects are extremely rare, but this is not the case with transvaginal mesh failure complications. In fact, the FDA has said as much, stating that these complications “are not rare.” That is a serious concern for women undergoing surgery for pelvic organ prolapse (POP) or incontinence, and for many, their lives are changed forever following the procedure, and not for the better.
How does transvaginal mesh failure occur?
For years, these devices have been used in women who need additional organ support in their pelvic region. They act like hammocks, propping up organs and keeping them from shifting around. However, they don’t always behave like they are advertised to, and can even migrate in the body. And that’s not even the worst complication linked to the procedure.
What are the symptoms of transvaginal mesh failure?
There are two major risks with the device – erosion and perforation. Over time, the material can become unanchored in the body and begin rubbing up against soft tissue. Before long, the material will begin sloughing off tissue and cause immediate problems. Erosion can make a victim feel like there is broken glass in their pelvis, causing sharp bursts of pain every time they move or are moved. Erosion can also result in serious infections and usually makes sexual intercourse impossible due to pain. Some victims have stated that the pain is severe enough to make normal life impossible, forcing them to leave their jobs and miss a lot of time with their families in order to avoid the pain.
Unfortunately, erosion is the most common complication of transvaginal mesh failure, according to the FDA. There is some debate over just how common erosion is, but it’s believed to occur in at least four percent of patients. A patient review performed by Cochran and involving nearly 4,000 participants found a 10 percent prevalence rate, which is frighteningly high.
The other major complication is organ perforation. Perforation occurs when the material completely breaches through a hollow organ, and can happen when the material is implanted, or if it erodes through the organ over time. The most common affected organs are the bladder, urethra, intestine or rectum, and in all instances, the effects can be deadly. Organ perforation can result in breathing difficulty and serious infections. These infections can be extremely deadly if urine or waste seeps into the blood, a condition known as sepsis.
Perhaps the most concerning thing about transvaginal mesh failure, though, is that it is sometimes impossible to treat effectively. If the material becomes entangled in soft tissues, it may take several surgeries to remove it, and even then, there may be some parts of the material left.
Given the prevalence of erosion and perforation complications, some doctors have called the treatment experimental and not fit for general patient use. Many suits filed against implant manufacturers have made the same claim, and manufacturers will likely face large judgments in the near future.
Traumatic brain injuries (TBIs) often result in death or disability, and are usually the result of sudden forces impacting a person's head. This may include sudden acceleration or deceleration, or a sudden impact. TBIs are particularly difficult to treat and recover from because they can cause a number of symptoms and also produce secondary effects not immediately apparent at the time of the accident. Though improving workplace conditions and safety technology have made TBIs less common in recent years, they still represent a major challenge to doctors and patients everywhere.
How are traumatic brain injuries usually caused?
Any external force acting on a person’s head can result in a TBI, so any occupation or sport where contact with the head is frequent is likely to cause a high number of TBIs. Contact sports like football and labor occupations like construction are huge risk factors for anyone involved. An automobile accident or violent crime can also result in a debilitating TBI.
In general, a TBI occurs when the brain is either directly harmed by an external force, or when it moves violently inside the head, possibly striking the inside of the skull.
What are some symptoms of a TBI?
A TBI usually causes some combination of contusions, lacerations, and lesions to different parts of neural tissue. These alone are enough to cause some symptoms, but within a few days, secondary effects may present. These can include alteration in cerebral blood flow and increased pressure within the skull. Left untreated, these pathological complications can ultimately cause death.
Symptoms of a TBI vary greatly and depend on which areas are affected. In general, a victim will suffer from headaches, dizziness, memory loss, confusion, lack of motor coordination, fatigue, nausea, and vomiting. Many cases also present with behavioral or cognitive changes, inability to concentrate or focus, and loss of motor function. In severe cases, a victim may suffer from convulsions, speech disorders, limb paralysis, and loss of executive functioning. Most people who suffer from a TBI have some form of emotional disturbance.
How is a TBI diagnosed?
Unfortunately, many TBIs go unnoticed because there is no easy way to detect them. This is a major problem in contact sports, where an athlete suffering from a TBI may be forced to continue competing even though they have been harmed. Neuropsychological testing can help detect a TBI, but this is an imperfect diagnostic tool. The only reliable diagnostic method for finding a TBI is with neurological scanning, such as a CT scan.
What is the standard prognosis for people who have suffered a TBI?
A patient’s outlook depends greatly on the severity of the TBI. Most mild cases resolve within weeks, though a small portion will cause long-term complications. Those who suffer from a moderate or severe TBI are usually unable to recover fully, and may suffer from permanent, even debilitating complications. Permanent loss of cognitive or motor function, behavioral changes, pain, and alterations in blood pressure are a few of the effects a patient may experience after suffering from a TBI. Extensive rehabilitation is usually required to restore some level of function, and some victims will require assistance to function for the rest of their lives.
TBIs are a serious medical concern often caused by preventable accidents. For this reason, many people who have suffered traumatic brain injuries decided to speak with a personal injury attorney for options regarding compensation. With the help of an experienced lawyer, a victim may be able to get help with their medical bills and ongoing physical and mental therapy.
Hiring an experienced truck accident lawyer can make the difference in recovering the bare minimum or receiving maximum compensation for the driver’s negligence. Any collision involving motor vehicles can cause serious injury, property loss, and unfortunately even death. However, because of the sheer size and weight, tractor-trailers have the greatest propensity to cause excessive injury when they are operated carelessly, especially if they hit a smaller vehicle.
Driving defensively will not always prevent a collision involving a tractor-trailer. Operators of any car have no influence over the circumstances of a tractor-trailer’s driver or the maintenance that has been done on the big rig. Driver conditions such as being sleep deprived and faulty elements such as tire conditions are behind a large number of these calamities each year. Some of the most common causes of collisions are driver fatigue, distracted driving, speeding, and not doing regular safety inspections. Another factor is the jack-knifing of the trailer the tractor is pulling.
When this type of collision happens there are many things to consider, and the first of those is to find an experienced truck accident lawyer. Remember when dealing with this type of situation there are big companies that usually fund the driver, and their business may be in jeopardy from possible lawsuits. They have attorneys on their team that do nothing but handle these types of cases specifically. It is for this reason that one needs to hire an attorney that is a veteran in handling these types of cases.
The driver and his company have a tremendous benefit over the individual. They have years of skill opposing claims against their drivers. They have risk management areas devoted to repudiating claims and diminishing settlements. Their attorneys are prepared to counter any claim against the driver or the company in an attempt to dispute the claim. It is in the best interest of the individual to hire a legal representative to take on the battle for them.
There are further reasons to hire a reputable and experienced semi truck accident lawyer to represent you. They will be familiar with the multitude of federal regulations that have been put in place. These will include the rules regarding maintenance, loading, and the operation of tractor-trailers. A truck accident lawyer with years of tractor-trailer litigation practice will know which questions to ask the driver and his proprietor during discovery depositions to produce proof of any kind of neglect. When these companies are not held responsible it just leaves the door open for them to ignore compulsory laws that are in place to protect everyone.
Because of the complexity of laws governing tractor- trailers, an attorney that specializes in these federal regulations is of absolute importance. There are laws on the amount of insurance required, depending on the material being hauled. Tractor-trailers often drive across the country, and this means there are both federal and state laws that govern them. Only an attorney that specializes in these matters will be able to effectively handle this type of case.
If you or someone in your family is gravely injured or died in an accident entailing a tractor-trailer, phone a truck accident lawyer who is seasoned in the process to research your case and give you the counsel you need to protect you and your family's well-being.
Perhaps being close to a family member with type 2 diabetes has caused the question to arise, “What is Byetta?”
If a loved one, parent, child, significant other, or any close relative has diabetes and is prescribed a new medication, it is always prudent to be educated about it. It is very important to know when it should be taken, what the possible side effects are, and why it was prescribed. Essentially, Byetta is a medication given to type 2 diabetes patients to help regulate their blood sugar after meals. It is typically supposed to be injected in the skin 60 minutes prior to the first and last meal of the day.
A healthy, curious mind might still be wondering, what is Byetta actually doing once in the body. What is the drug’s chemical reaction? Is it basically just insulin? This is a valid inquiry, and there is an important distinction to make. The drug has several different effects which help keep blood sugar in check. The drug does not produce insulin directly. Instead, it taps into the body’s natural insulin production system by mimicking the hormone, Incretin. The medication essentially acts as a natural hormone by alerting the pancreas to make the right amount of insulin at the appropriate time, which balances out blood sugar levels. In addition, the drug stops the liver from over producing glucose when it is not needed.
The medication basically slows down the speed at which both glucose and food leave the stomach after a meal. This prevents high blood glucose levels. Although there are certainly no guarantees, this last effect might result in weight loss for some people. This is not marketed as a weight-loss medication, even though the drug typically lowers the appetite of those taking it. Thereby lowering the amount of food one eats. Byetta should never be taken unless prescribed by a clinical doctor. Nor should its users never take more of the drug per day than allotted. However, what is Byetta, or any prescribed drug for that matter, if it is not taken properly.
Nevertheless, recent studies have shown that even if taken correctly and exactly as prescribed, the drug can still cause a long list of adverse side effects. Some of the possible side effects include: swelling of the face, hives, difficulty breathing, weight gain, shortness of breath, lack of normal urination, vertigo, back pain, excess drowsiness, diarrhea, stomach pain, vomiting, headache, or increased thirst.
Although there has not been an official recall issued for the drug, studies have illustrated that it is linked to several life threatening diseases. Use of the medication is thought to be linked to pancreatitis, pancreatic cancer, thyroid cancer, and renal failure. Contacting a drug injury lawyer may be the first step to seeing if compensation is available.
It can be difficult finding a suitable and safe medication, and sometimes it isn’t even clear what is. Byetta is not for everyone. If there has been a previous episode of pancreatitis, a history of alcoholism, are pregnant, or have recently had a kidney transplant—chances are a doctor will not recommend it. Next time someone asks “what is Byetta?”, hopefully some of these facts come to mind.
Many people struggling with cholesterol control are wondering what is Lipitor. It is, of course, a commonly prescribed drug that helps lower LDL, low-density lipoprotein, or bad cholesterol. While doing so it raises HDL, high-density lipoprotein, or good cholesterol. There are many commercials, periodical advertisements, and radio ads that help answer the question, what is Lipitor.
However, for someone that has recently been diagnosed with high cholesterol, type 2 Diabetes, coronary heart disease, or other known risk factors, discussion of potential side effects with the doctor is warranted before taking Lipitor.
The benefits to taking this prescription medication are lowering the risk of stroke, heart attack, and other heart related issues. What is it about Lipitor that has made it so commonly dispersed is its lack of side effects that other statin drugs seem to have. Most statins, as these are frequently referred to as, have very similar side effects. Some people feel these within the first days of taking the medication. Those symptoms may be muscle fatigue, weakness or mild pain. There are other more serious side effects that can occur. It should be noted that many times when starting a new medication, symptoms of various kinds take place. Although they should be short lived and the patient should feel fine within a few days. If the symptoms persist, then it is imperative to contact the doctor and tell them what is going on.
At what age is Lipitor typically recommended? It can be prescribed to patients as young as ten years old. It is considered safe as long as they are otherwise healthy, and not on other medications that would react adversely to this statin. This is prescribed to patients from ten years well into adulthood because it is one of the more tolerated statins on the market. It is dispensed based upon the age of the patient, medical condition necessitating this course of action, response to treatment, and other medications currently being taken. Research has shown that patients that have associated side effects are less than 2%. Lipitor has been through 19 years of research, and has been part of over 400 clinical trials. Since its inception, over 29 million people have been prescribed this medication in the United States. This information alone shows the medications value and popularity.
There are a few groups of people that should not take this medication. One of those groups would be women that are planning on becoming pregnant, are already pregnant, or nursing mothers. This is because the medication can cross the placenta, and may transfer into the breast milk. With the over 19 years of research, it has shown that women who take this while they are pregnant increase their unborn baby’s chances of having a birth defect.
So, what is Lipitor and how can it help the patient taking the medication?
Based upon research the answers are fairly clear. If someone has an increased risk of a stroke, heart attack or other heart related issue, this will possibly be a medication that is prescribed. However, many people have experienced Type 2 Diabetes and other side effects that have caused them to seek legal help. If you have been experienced side effects to this drug, you may want to speak with a drug injury attorney to see if you have grounds to file a suit.
We often hear that a workers compensation lawyer can help when it comes to restitution for on the job injuries, but how do you know if you have a valid case? Well, let's start by exploring just what worker's compensation is and what it entails.
First, most American employees who experience an injury on the job are entitled to medical care for those injuries. However, some of the injuries result in the inability of that person being able to complete their normal duties. Sometimes the damage is temporary, but unfortunately some injuries cause permanent disability. In either case, employers are normally required by law to carry insurance to deal with these types of challenges, which happen more often than many recognize.
Worker's compensation is designed to protect employees and their families from the hardships that often arise from on the job injuries, even those that unfortunately result in death of the employee. The employee (or their family member, if the employee is deceased) is usually paid on a weekly or bi-monthly basis; in addition to financial restitution, the injured employee also receives medical benefits paid by the employer. Though it may sound one-sided, it is a benefit to both the employee as well as the employer. How so? Because to receive this benefit the employee must waive their right to litigation against the employer.
While this list is not all-inclusive, it sheds some light upon the type of injuries that a workers compensation lawyer can help when an employee is injured on the job:
Spinal cord injuries
Leg and knee injuries
Head, neck and shoulder injuries
Carpal tunnel syndrome
Injuries resulting from repetitive use
Injuries resulting in amputation
Complex Regional Pain Syndrome
Traumatic Brain Injuries
Reflex Sympathetic Dystrophy
Hand, Arm, Wrist or Elbow injuries
Pain and Suffering Resulting from a Job Related Injury
It is important that the injured party contacts an experienced, competent workers compensation lawyer to guide them through the process of filling out the appropriate claim forms and selecting the right physicians to help them fully recover from the injuries they have sustained. As the employee works toward healing and rehabilitation, the financial impact of the accident is minimized with the money received as a result of the claim. Generally, the amount one receives represents a percentage of their regular income, (though many states have a cap on the maximum amount injured employees receive while they are out of work). This amount will continue until the authorized physician releases them to return to their regular duties.
In some cases, the injuries sustained may prevent the employee from returning to the position they held at the time of the incident. In this circumstance the workers compensation lawyer may be advise the injured party that they are entitled to a wage loss benefit, if this circumstance applies to their particular situation. Regardless, in all cases, the employer is responsible for 100% of the medical treatments required, which generally includes prescription medication, rehabilitation services if required, mileage reimbursement for trips back and forth to the authorized physician, as well as other factors.
Though we hope you never have an on the job accident, it is important to consult with an experienced and competent workers compensation lawyer before proceeding with any type of claim.
Social Security Disability cases likely to be referred
Wrongful death is defined as willfully taking the life of another person or persons through wrongful conduct or a negligent act. When this happens, the descendants of the person who died have the right to file a legal suit to help compensate for their loved ones passing in accordance with applicable statutes included within the Tort Law in their state. Losing a loved one is always a difficult experience, but the agony is only intensified when the loss could have been prevented, but wasn't due to some other person's action or negligence. Many people think of a fatality occurring for the wrong reasons and think of someone dying in a car accident, but there are many situations that may lead a person to look for a lawyer. In addition to a car accident where someone else was at fault, this type of suit can be filed as an extension of a workman's compensation claim if a work injury proved fatal, or it may be an extension of a medical malpractice suit. These types of suits are also frequently filed as civil suits alongside criminal cases in the case of murder or manslaughter.
Although it may be difficult to move forward after losing a loved one, especially when the circumstances were especially tragic, it is important to present a lawyer with the details of the case as soon as possible after the death occurs. It is possible that they may even have another case, such as a Workman's Compensation, Medical Malpractice or other Personal Injury case already in the works when the passing occurs. It is also important to update your attorney frequently when it comes to these cases as well.
The specifics regarding what is proper cause to file a wrongful death suit as well as any statutes of limitations that exist in an individual state can vary. At times there is only a window of a few months that a wrongful death case can be considered, in other cases there may be years. However, in either case, moving forward quickly is important because medical evidence and testimony will become more outdated and will do less to help a case the longer they sit without proper examination. There is also a lot of bureaucracy involved in the legal process that may potentially cause delays.
Sometimes, when there is a criminal case pending in the case of a manslaughter, murder, or DUI charge, people may think a wrongful death suit is not necessary, and that the criminal court or even the insurance companies will take care of the details. This can be a very costly assumption to make. While criminal cases are an important part of the process and help to see that there is some justice brought toward the guilty party, it does not address potential financial and emotional hardship that families have to deal with after these types of losses, such as lost wages, future income, or compensation for pain and suffering.
If someone believes the death of a loved one warrants a wrongful death suit, gathering the following information can help an attorney determine how to proceed with the case. A lawyer will need to know the circumstances involved in the untimely passing, the names of any witnesses that may have been around when the incident occurred or when any negligence occurred that later resulted in the death, and any other information that may be important.
Since 2006, YAZ, a birth control pill that is administered orally, is now being connected to complications that can be potentially severe or fatal. This drug is a fourth generation birth control pill, but exhibits the same risk factors for thrombotic and clotting issues that have plagued third-generation drugs. This means that there is a greater chance of suffering from heart attacks, pulmonary embolism or strokes while taking it. Like other cases involving large pharmaceutical companies, there is mass tort involved. This is another way to describe a single wrong committed by a party that causes injury to many people.
Anyone who has been treated with YAZ and later was stricken with a stroke, heart attack or other clotting issue should seek out a successful personal injury lawyer to find out what options are available. Not every state handles mass tort the same way, so an advisor in the field is a valuable ally. Finding a law firm that specializes in mass tort and personal injury is the only way to effectively pursue compensation for needless drug injuries.
Concerns regarding YAZ are not new. Regulators from the U.S. reprimanded the manufacturer of the product for quality control infractions, and agents with the FDA found multiple problems at the pharmaceutical company’s testing facility in Germany. Since then, the company has been required to modify some of its claims about the substance’s efficacy in treating other conditions, acne and PMDD specifically. The FDA found that the business was overstating the benefits that could be derived from the product for these conditions, and that it wasn’t appropriate to treat them using this product. Even though it is still available for purchase, this birth control method is not recommended for those looking to mitigate acne or menstrual related conditions.
What makes this drug potentially dangerous is the hormone drospirenone. While it isn’t harmful in small amounts, regular doses of drospirenone can spike the levels of potassium in the body, which may cause heart arrhythmia. These palpitations may precede heart attacks or strokes that can paralyze, cause brain damage, pulmonary embolisms and more. For women who take YAZ, the risk of dangerous blood clotting is six to seven times higher than those who do not take any birth control. Drospirenone is twice as likely as levonorgestrel based products to cause clotting. The product can be particularly dangerous for women taking other drugs that may affect the level of potassium in the body. Ace inhibitors, angiotensin-II receptor agonists, potassium supplements, aldosterone antagonists, NSAIDs and diuretics that do not filter potassium out are among the substances that can interact badly with YAZ.
This birth control pill has been involved in thousands of lawsuits, and new cases are popping up all the time.
Accusations against the manufacturer encompass three main points.
One, that potential complications associated with the pill were deliberately understated to deceive users.
Two, that the manufacturer did not adequately research the substances used in the treatment.
Three, that the manufacturer did not recall the drug once the risks became known, even though other oral birth control methods on the market were considered safer.
The information and materials on this Web site are provided for general informational purposes only and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing on this Web site is intended to substitute for the advice of an attorney, therefore if you require legal advice please consult with a competent attorney licensed to practice in your jurisdiction. All attorneys, unless otherwise noted in website, are not certified by Texas Board of Legal Specialization.