Property Owners should Ensure that their Premises are not Maintained in such a Way that Serious Harm or Injury is likely to Occur to Others

By on 5-25-2017 in Personal Injury

Slip and fall is one very common accident in the U.S., but who would have thought that it is the reason behind 8 million hospital emergency room visits every year. This is not the only alarming fact about slip and fall accidents, though. According to the National Safety Council (NSC), the Centers for Disease Control and Prevention (CDC), and the Bureau of Labor Statistics, slip and fall:

  • Accounts for 11% and 5% of the job-related fatalities for men and women, respectively;
  • Is the leading cause of occupational injury for people at least 55 years old and the leading cause of workers’ compensation claims;
  • Is the leading cause of lost days from work;
  • Is the cause of death of more 15,000 people over the age of 65 in 2005; and,
  • Causes hip fracture in 5% of all people who fall.

The Consumer Product Safety Commission (CPSC) also says that materials used for flooring contribute directly to more than 2 million fall injuries every year. Some other causes of slip and fall accidents include: wet, oily, icy or slippery floors or surfaces: uneven, loose or broken floors, steps, sidewalks or stairs; a defective staircase; unsecured rugs or carpets; and hidden or tangled extension wires.

Rather than put the blame on injured victims, however, and say that the accident happened because they were not careful enough, personal injury lawyers, instead, hold property owners liable for injuries occurring within their properties. This is why slip and fall accidents are filed as premises liability cases (premises liability refers to a landowner’s accountability for injuries suffered by persons on his/her property due to a defective or unsafe condition). Injuries resulting to slipping, tripping or falling, are not the only scope of a premises liability lawsuit, though; it also includes injuries resulting from falling objects, electrocution, open excavations, broken chairs, and so forth.

As explained by the Russo, Russo & Slania, P.C. law firm, “The law is in many ways an important vehicle for protecting the rights of property owners, but along with these rights come important responsibilities. Chief among these is the responsibility of property owners to ensure that their premises are not maintained in such a way that serious harm or injury is likely to occur to others. Should they fail to uphold this responsibility, property owners may be held responsible for injuries others suffer through a premises liability claim.

Premises liability laws are an important safeguard for ensuring that property owners do not allow dangerous conditions to develop or persist. As such, when property owners allow unsafe conditions, personal injury lawyers believe they should be held accountable by holding them liable for the harm they have caused. This gives victims of unsafe properties the chance to get both the justice and financial compensation they need.”

Types of Auto Accidents

By on 1-25-2017 in Car Accidents

Car accidents can occur because of different reasons, such as driver error, defective auto parts, and defective roads. These accidents can easily cause injury or death, property damage, traffic, and all their financial costs.

But what exactly are the different kinds of auto accidents that can occur? They are important to know so you can avoid them intentionally.

Single-vehicle Collision

Single-vehicle collisions occur when only one vehicle has been involved. Most of these collisions happen because the driver has lost control of the vehicle, maybe because of distracted driving or drunk driving. The vehicle ends up crashing into walls, utility poles, fire hydrants, barriers, guardrails, trees, and other possible obstructions.

Head-on Collision

A head-on collision happens when the front ends of two vehicles crash into each other. This is one of the deadliest kinds of car accidents, because the force of the collision is directly in front of the driver and he or she can absorb a big portion of it. Most head-on collisions occur when a vehicle veers into the opposite lane or drives the wrong way.

Rear-end Collision

A rear-end collision occurs when a car hits the back end of another. One of the most common causes of rear-end collisions is tailgating, where a vehicle is traveling too near another that when the other vehicle brakes, the vehicle will not have enough time to react and crash to the other’s rear end. Rear-end collision injuries include whiplash, head trauma, and back pain, caused by the sudden jolt of the vehicle.

T-bone Collision

T-bone collision, also known as broadside collision, occurs when the side of a car has collided with another. Most T-bone collisions happen because of right-of-way issues on intersections, like when a vehicle runs through a red light and hits another that is running through a green light. Most of the time, the injuries are worse on the broadsided vehicle.

Rollover Collision

Rollover collisions occur when one of the vehicles involved has rolled over or overturned. Rollovers can be caused by sharp turns, dangerous maneuvers, and even direct collisions. Rollovers can also happen on single-vehicle accidents. Victims of rollover accidents are very vulnerable to being ejected or trapped in the vehicle.

Knowledge of these kinds of accidents is only the first step to prevent them from happening. The best way to completely avoid them is through diligent driving. If you have been involved in an accident because of the reckless and negligent behavior of another, you may be entitled to compensation. In these cases, you may want to get legal help, such as the Houston personal injury attorneys of the Mokaram Law Firm. Do not be afraid to step up, especially because your safety is already involved.

Are Nursing Homes Still Safe for Your Loved Ones?

By on 12-05-2016 in Nursing Home Abuse

Thousands of Americans, as they reach the age of 60, grow weak due to illness, chronic fatigue or loss of muscle strength due to aging and/or inactive lifestyle. These types of weak condition necessitates assistance even in the performance of the most ordinary daily activities.

Work, however, renders many families incapable of providing for their elders the full-time attention and care they need; thus they turn to nursing homes where they know and expect their loved ones to be provided the time, attention and quality care they have come to need.

In May 2014, the Centers for Disease Control and Prevention (CDC) said that there were about 15,600 nursing home facilities all across the U.S. (a little above 15,000 of these facilities were certified). The number patients or resident (these are made up of elders, usually those 65 years old or above, people who are physically or mentally incapacitated, those needing rehabilitative therapies due to an illness or an accident, and those who need extra care, like Alzheimer patients) was estimated at 1.5 million.

According to the American Association for Justice, not enough staff and/or nurses is one of the major reasons why abuses are committed in nursing homes and, alarmingly, about 90% of nursing homes do not have the needed number of staff and nurses. Equally fearful is the fact that many facilities refuse to hire additional people despite knowledge that there is not enough staff to attend to all of residents’ needs and that this lack results not only to acts of abuses, but to acts of neglect as well. Furthermore, the American Association for Justice says that only one out of ten abuses gets reported, concealing the real number of cruel acts against the elderly and other residents.

The different types of abuses complained about in the nursing homes include physical abuse, resident to resident abuse, psychological abuse, gross neglect, financial abuse and, sexual abuse, the type that is most humiliating and least reported.

Abuses and neglect in nursing homes happen more often than many people realize. In hundreds of facilities in many different states, the advertisement and the promise of quality care and attention, and clean and healthy environment are immediately replaced with substandard treatment in a poorly sanitized environment as soon as one becomes a resident.

According to Evans Moore Law, making the decision to move an aging family member to a nursing home or assisted living facility is a difficult one, but it is usually done with the belief that these institutions will be able to provide them with a level of care and attention they cannot receive elsewhere. Unfortunately, far too many nursing home facilities fail to uphold the state and federal regulations that are meant to protect their residents. While many facilities do uphold the highest level of care for their residents, abuse and neglect do occur with surprising regularity. The elderly population is especially vulnerable, so immediate criminal and civil action needs to be taken to prevent any further harm from occurring, and to begin your family’s path towards recovery.

What You Need To Know About Taxotere Lawsuit

By on 10-20-2016 in Dangerous Medications

Taxotere is a chemotherapy drug prescribed for breast cancer treatment. It was approved by the Food and Drug Administration in 1996. Since then, taxotere has become the most popular drug used for treating breast cancer. Since then, it has become the most preferred drug prescribed to breast cancer patients. While the drug is effective in extending survival, one of its most glaring side effects is alopecia or permanent hair loss.

While hair loss is a well-known symptom of chemotherapy, it is expected go grow back within 3 – 6 months after stopping treatment. Unfortunately, according to the website of Williams Kherkher, approximately 10 to 15 percent of women who used the drug reported absence of hair growth for as long as ten years after treatment. Studies have revealed that permanent alopecia affects all body hair including eyebrows, eyelashes, and pubic hair.

Aside from hair loss, taxotere is also associated with other side effects, most of which are reversible. In more than 30 percent of the patients, the following side effects happened:

  • Diarrhea
  • Fatigue and weakness
  • Fluid retention
  • Infections
  • Mouth sores
  • Nail changes
  • Nausea
  • Peripheral neuropathy

In 10 to 29 percent of the patients, the following side effects occurred:

  • Muscle, joint, or bone pain
  • Low platelets
  • Liver problems

Sanofi informed other countries of the permanent hair loss side effect of taxotere. In the US, however, the words permanent hair loss or alopecia did not appear in any information published in the US. This was the contention of lawsuits filed against Sanofi-Aventis. The filed case revolved around the following issues:

  • Selling the drug without properly testing it
  • Downplaying the dangers associated with the drug
  • Manufacturing a dangerous drug
  • Not warning patients and health care providers
  • Concealing information from the public
  • Selling the drug without revealing the dangers or risks
  • Failure to determine the safety of the drug
  • Misleading the public in advertising and marketing
  • Manufacturing a dangerous drug

Hair loss has been consistently ranked as one of the most distressing side effects of cancer treatment and can affect well-being and quality of life. It may also affect body image.

Birth Injury and its Possible Causes

By on 8-18-2016 in Birth Injury, Personal Injury

Through modern medicine, doctors and mothers are provided with choices on how to make the birthing process less painful and a bit faster. In every procedure, however, more so surgical procedures, there are trade-offs that can be a cause of danger and, unfortunately for many mothers about to give birth, they are never told about this possible danger.

The dangers associated with birthing procedures often result to birth injuries. According to the Agency for Healthcare Research and Quality (AHRQ) of the U.S. Department of Health & Human Services, there are about 28,000 birth injury cases reported every year; about 9,000 of these result to the death of a new born.

Majority of birth injury cases, though, as well as of other medical errors, are due to acts of negligence; this means that injuries or deaths resulting from these acts and mistakes are totally preventable had proper care been observed. According to birth injury attorney from the Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., law firm a birth injury can be due to:

  • A doctor depending too much on modern medical devices
  • A doctor failing to dedicate the time to prepare for proper birth
  • A doctor dangerously performing a rush delivery
  • Incorrect or unnecessary use of assisting tools such as forceps or vacuum extractors
  • Improper distress monitoring
  • Failure to perform emergency cesarean surgery when needed
  • Incorrectly pulling or twisting the baby during delivery
  • Medicating the mother with drugs unsuitable for pregnancy

Giving birth to an injured infant only because of the carelessness of someone who you very much trusted is a very painful reality to many American families.

All the months of discomfort and, finally, the labor pains felt by an expecting mother should be turned into the most wonderful of feelings as she gives birth to her baby – this is how things should be, but not for all mothers. It takes only a single mistake from an obstetrician and his/her team to make a new born suffer a lifetime of medical problems; worst, however, is a mistake which cause infant death.

There are different factors resulting to birth injury, also known as birth trauma. It could be delayed birth; oxygen deprivation; the fetus is in an abnormal position in the uterus (during birth); the baby is too big; or, difficult delivery, which happens if the mother’s birth canal is too small.

Families of injured infants have all the reason to pursue legal action against careless doctors and other negligent medically trained personnel – both for the purpose or making sure that those liable would exercise extreme care in the future, as well as for seeking compensation for the child’s sake and future.

A Drunk Driver Operating an 18-Wheeler: Is There Anything More Deadly?

By on 4-19-2016 in Car Accidents

According to the National Transportation Safety Board (NTSB), use of alcohol and drugs by truck drivers is the second major reason behind truck accidents. Despite the threats displayed by a truck (which comes from its enormous size and great weight), no driver of smaller vehicle would consider the possibility that it is being driven by a sleepy or alcohol-impaired driver. Yet, data show that, prior to accidents, many drivers were, indeed, intoxicated and impaired due to alcohol.

Under the law, those operating a commercial vehicle, such as trucks, buses and, especially, Class 8 trucks (these are trucks with a GWVR exceeding 33000 lb, like big-rigs, also called semi-trailers), should observe a higher standard where alcohol intoxication limit is the issue. Thus, compared to the 0.08% blood alcohol concentration (BAC) limit imposed on drivers of smaller vehicles (cars, SUVs, pick-ups), the BAC limit on drivers of commercial vehicles is 0.04%. Anyone caught driving with this BAC level can be charged with driving under the influence (DUI). This 0.04% BAC lmit, however, is not the only thing that big-rig drivers should worry about because drivers who are found to have a 0.02% BAC can also be suspended from driving for about 24 hours, while those who will register a 0.08%, even when off-duty, may still be charged with a DUI.

Many of big rig drivers are paid by the mile (about .40 cents per mile, which is below average); thus, the more “legitimate” miles they are able to cover, the higher pay they will get (so long as they do not get lost or make detours for a quick pass at home or anywhere else). To cover more miles, however, they will need to stay awake and alert. Now, many drivers try to accomplish these either by driving longer than the federal mandate allows, or by drinking alcohol or taking drugs. However, the only results these two acts will lead to are sleepiness and fatigue, and impairment.

It is the duty and responsibility of drivers to always stay sober when operating their trucks. Even the slightest impairment can lessen their ability to safely operate the huge and dangerous vehicles that they drive and put lives in danger. Thus, any act in violation of the laws against drunk driving can make them face serious criminal chargers, harsh penalties, and civil liabilities for injuries their drunkenness might cause.

Personal injury lawyers from the Sampson Law Firm say on their website that victims of truck accidents, especially if it was caused by a truck driver who was sleepy or drunk, should not pay for the costs of their accident. Paying for whatever damages and losses victims suffer from should be the duty, if not of the driver, then by the trucking firm that employed him or her.

Lawsuits and Car Accidents

By on 11-16-2015 in Car Accidents

Car accidents are unfortunately a standard event in main roads and our routes. Although we do our best to avert accidents and keep ourselves and loved ones secure, there are many other drivers with reckless and aggressive driving behaviors that may endanger both people and other motorists. According to the website of the Milwaukee personal injury attorneys of Habush Habush & Rottier S.C. ®, negligent or deliberately dangerous driving behaviors that led to injuries and accidents can be taken to court. Personal injury lawsuits in addition to other criminal costs could be taken contrary to the driver at fault, and ourselves and loved will be requested to offer recompense for each of the damages due to the accident, whether or not they’re from lost wages, medical expenses, and other harms.

Being wrapped up in a car crash could be both confusing and terrifying since there are many queries which should be replied things that are and to look after. Vehicle mishaps in addition to insurance coverage can differ from state to state, so employing an attorney who knows the laws regarding these may make personal injury lawsuits run more smoothly.

When there is an individual injury litigation filed against a person responsible for the accident, the insurance provider generally gives the settlement that the at-fault driver is in contract with. The insurer is going to be the one that may spend for all of the damages especially if the person at fault has a comprehensive coverage, listed in the complaint. However, there are instances where the person who caused the accident is either under-insured or uninsured, and issues are frequently posed by this when getting reparation.

With the help of your attorney, you should provide a notice for your own personal insurance provider concerning the car incident you have been involved with, and also this correspondence should inform your insurance company of your intent to apply for a claim that is uninsured. It’s vital because so many several insurance companies have strict deadlines regarding filing for claims that are uninsured, that this notice is sent by you immediately. Whether the person at fault doesn’t have insurance, or doesn’t supply any advice on their insurance, or you might have difficulties acquiring insurance information in just about any manner possible, then it could be wise to distribute a notice to your own insurance provider concerning the submitting of an uninsured claim.

Alternatively, filing a claim against an under-insured motorist may call for more attempt, and also would simply take a longer period to progress. This is because some traumas can take the time to learn the extent of treatment and drug; once your attorney and you have confirmed that the degree of injuries and harms is more in relation to the other motorist’s liability protection, then it would be safe to inform your insurance company about submitting for an underinsured claim.

The entire process of filing for an uninsured or underinsured automobile crash state is more or less as filing for absolutely any injury claim, the same; nevertheless rather than filing from another driver’s insurer, they will be submitting against your personal insurance company. Trials, a disclosure of experience reports and health records, investigation, and evidence and recommendations will undoubtedly be performed, but what every motorist should remember is that when a resolution isn’t reached or agreed-upon, you don’t have the power to sue the insurance company.

Deep Vein Thrombosis: Information

By on 8-01-2015 in Dangerous Medications, Personal Injury

Deep vein thrombosis, sometimes shortened to DVT in the medical community, is a condition where in a blood clot abnormally occurs in a deep vein, usually affecting the muscles of a patient’s leg. Patients with DVT will often experience pain and swelling in the affected area, although some might not feel noticeable symptoms at first.

The real danger of DVT is that it can lead to life-threatening complications. One particular concern with DVT is pulmonary embolism, which happens when blood clots travel to and block one or more arteries in the lungs. When DVT leads to pulmonary embolism, it’s crucial that patients catch the early warning signs and seek treatment right away. Some of the symptoms that could point to the onset of such a complication include sudden shortness of one’s breath, chest pains that worsens when coughing or taking a deep breath, lightheadedness and fainting, coughing up blood, and having a rapid pulse.

There are several reasons why certain patients are more at-risk of developing deep vein thrombosis. Sometimes, these factors involve genetics. Patients that inherit a blood-clotting disorder are more likely to develop DVT that can lead to other complications. Other factors include prolonged bed rest or hospital stay, pregnancy, and birth control pills. DVT is also more common in patients that have undergone surgery, particularly those who had a hip or knee replacement procedure. For this particular scenario, the Food and Drug Administration approved an anti-coagulant drug called Xarelto meant to address the problem.

While Xarelto and other brands of new generation blood thinning medication have proven effective for preventing deep vein thrombosis, there are still some concerns surrounding the safety of such drugs. The website of Williams and Kherkher Law points out several reported cases of patients suffering from adverse side effects caused by taking Xarelto. In particular, concerns of developing gastrointestinal bleeding and brain hemorrhaging have been raised. As a result, patients prescribed with the drug for DVT prevention are advised to dialogue with their physicians regarding these issues.

What are Anticoagulants?

By on 4-06-2015 in Dangerous Medications

Anticoagulants are blood thinners that doctors prescribe to patients in order to decrease the risk of blood clots. Blood clots around the heart, lungs, and brain can cause serious or life-threatening injuries such as heart attacks, pulmonary embolisms, and strokes. The anticoagulant works to prevent these medical conditions from occurring by increasing blood flow through arteries, veins, and the heart while preventing any existing clots from growing.

Popular anticoagulant drugs on the market include Warfarin, Heparin, and Xarelto. These medications have strict guidelines their patients must follow in order to reduce the risk of bleeding incidents, a common side effect of blood thinners. These include consulting a physician before taking other medications, pain relievers, vitamins, and antibiotics. Warfarin and Heparin require regularly scheduled blood tests and physician’s visits in order to monitor the levels of the drugs in the blood system. These precautions are necessary in order to prevent the consequences of a fatal bleed occurring.

Xarelto, however, does not have mandatory blood tests for its patients, appealing to many people that do not want the hassle of frequently visiting a doctor. Unfortunately, Xarelto is responsible for a number of deaths and severe bleeding incidents that may have been prevented had regular blood tests been required.

Possible symptoms that a bleeding incident may be occurring due to an anticoagulant or antiplatelet agent include orange or red urine, blood in the stool, excessive bleeding during a woman’s period, weakness, or persistent head and stomach pain. According to the website of a lawyer from Williams Kherkher, gastrointestinal bleeding and brain hemorrhaging are likely risks of defective anticoagulants.

Negligent drug manufacturers should be held responsible for the pain and suffering their faulty medication causes. If you or a loved one experienced extreme bleeding while taking Xarelto, contact a Xarelto attorney to discuss the possible compensation you may be entitled to.

Truck Accidents and Their Consequences

By on 1-19-2015 in Personal Injury

It is mandated by law that every driver on the road drive responsibly in order to protect not only themselves but also others as well. This is not always followed, however, as there will always be people who believe themselves to be at a position higher than the law. These people can be the cause of some pretty serious car accidents, which is why the law takes these sorts of incidents so seriously. Truck drivers are given an even bigger responsibility due to the nature of the load they bear – which is, quite literally, 2000% more mass than a regular vehicle. Ergo, if the driver is proven to have been criminally negligent or reckless in anyway and caused an accident, the victim is warranted to take legal action immediately.

There are quite a few intricacies regarding truck accidents that you could find on an 18-wheeler lawyer website. Due to the nature of these vehicles, truck accidents are usually accompanied by additional federal laws and warrant additional investigation and actions. If the driver of the truck that caused the accident was not certified nor qualified to drive the truck, the trucking company who hired the driver in question will then be liable for negligence. It is the responsibility of these people and these corporations to ensure only the best possible maintenance and operations in order for their employees and the surrounding civilians to be safe and secure. Failure to adhere to these standards of quality is liable under criminal law as well as civil law.

If you or someone you know has been the victim of a truck accident, it is recommended that you contact legal assistance immediately. Accidents of this nature often require medical assistance that might amount to surgery or life-long medication, that the driver or company responsible should be accountable for. It might be quite an intimidating prospect – to go against a corporation legally, due to the resources they undoubtedly have – but you have a right to claim compensation for the damages sustained due to negligence.