tag:blogger.com,1999:blog-27407009727851848672024-02-20T05:20:42.293-08:00Wolf & Pravato's BlogsThe Law Offices of Wolf & Provato has a team of dedicated and resourceful personal injury lawyers who have been providing top rated service since 1993. They defend your right to compensation and work hard to make sure you get the justice you deserve.
http://www.wolfandpravato.com/fort-myers-fl-personal-injury-attorney/VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.comBlogger580125tag:blogger.com,1999:blog-2740700972785184867.post-53762570135164167922017-01-18T00:37:00.000-08:002017-01-18T00:37:47.319-08:00Vince Pravato<div dir="ltr" style="text-align: left;" trbidi="on">
Vince Pravato<br /><br />2101 W. Commercial Blvd. Suite 1500<br />Fort Lauderdale, Florida 33309 <br /><br />+1 561-558-6623<br /></div>
VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-63411580816695597302017-01-04T12:27:00.002-08:002017-01-04T12:27:48.055-08:00Accident Lawyers in Fort Myers<div dir="ltr" style="text-align: left;" trbidi="on">
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;">Quick Tips For Obtaining The Best Accident Lawyer </span></h2>
<b id="docs-internal-guid-c051a0ff-6b29-456e-417a-7cb3cb63ee96" style="font-weight: normal;"><br /></b>
<div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;">
<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;">It doesn't make a difference how little the lawful case is, you should even now dependably enlist a legitimate counsel. When legal action is inevitable, you'll need an accident injury lawyer who can explain the ins and outs of the case to you. You have to browse through the following strategies to help you find the right legal consultant for your legal case. </span></div>
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<div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;">
<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;">It can be a very meticulous for students to finally become a legal representative. When they graduate, they've gained a ton of learning. Whenever you are searching for a trustworthy legal representative, you ought to be concerned with their academic stats, but their experience also. An interview will offer you a lot of useful information, including an idea of how well they're going to represent you in court. </span></div>
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<div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;">
<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;">While an attorney's verbal promise of the quality of service you can expect is a great start, you shouldn't accept what you're told without doing your own research first. Ensure you can affirm any guarantees made by your legal consultant by doing your own particular exploring. Look online for as much information as you can find to make the right decision. Go to the web and check around for surveys, feedback, and possible complaints that are registered about the firm and the particular attorney you're speaking with. </span></div>
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<div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;">
<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;">Keep in mind, even the very best make mistakes sometimes. Learning from past mistakes is what intelligent attorneys do. A great accident injury lawyer is aware that nobody is perfect. Should a mistake happen, then a respectable attorney will do their best to apologize. </span></div>
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<div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;">
<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;">Unnecessary costs will never be something that a great attorney forces his or her clients to pay. Legal consultants who are not in it just for a paycheck will work to a great degree hard off camera to give the most ideal representation and won't charge for each and every question. One thing that might help you in making a decision on an accident injury lawyer to work with, is to do a detailed level of research on their background to see if they fit you and your legal case. Use internet searches to find attorneys in your state of residence, and you'll see a lot of pages about certain ones, how much their fees are, what their specialty is, and much more data that might help you choose a compatible attorney. </span></div>
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<div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;">
<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;">Before you procure a legal consultant, ensure you realize what particular territory of the law your legal case falls under, and afterward contract a legal consultant with skill in that very same region. Accident lawyers, more often than not, have territories in which they're prepared and experienced in. Research legal advisers who certainly have dealt with cases similar to yours effectively as it is really the best way to begin. Counsel with your legal consultant to decide their skill set and the way it identifies with your particular case. </span></div>
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<span style="background-color: transparent; font-size: 14.6667px; vertical-align: baseline; white-space: pre-wrap;"><span style="font-family: Arial;">Law Offices of Wolf & Pravato
1825 Colonial Blvd
Fort Myers, FL 33907
(239) 337-4357
<a href="https://plus.google.com/u/0/+LawOfficesofWolfPravatoFortMyers">https://plus.google.com/u/0/+LawOfficesofWolfPravatoFortMyers</a></span></span><span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;">
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VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-34473657323725845632017-01-04T12:25:00.003-08:002017-01-04T12:25:54.095-08:00<div dir="ltr" style="text-align: left;" trbidi="on">
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<span style="background-color: transparent; color: black; font-family: Arial; font-style: normal; font-variant-caps: normal; font-variant-ligatures: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;"><span style="font-size: large;">Locating Accident Lawyers- Easy Ways To Find The Best Injury Attorney </span></span></div>
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<iframe width="320" height="266" class="YOUTUBE-iframe-video" data-thumbnail-src="https://i.ytimg.com/vi/uRyqXjbY9Xs/0.jpg" src="https://www.youtube.com/embed/uRyqXjbY9Xs?feature=player_embedded" frameborder="0" allowfullscreen></iframe></div>
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<div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;">
<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;">Never waste an exorbitant amount of time and effort endeavoring to find the perfect legal representative. The search for the right one should not be frustrating and difficult. In order to have a hassle-free search, follow our suggestions. </span></div>
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<div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;">
<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;">When any litigation makes itself known, ensure you keep all documents surrounding the problem in order and together. Whenever you consult with your accident injury lawyer, bring a notebook and a pen so you can write down notes as you go. Your legal representative will suggest that you hang on to any items that pertain to your legal case, such as pleadings, correspondence, or legal forms. It's recommended to have a safe and organized location where you can keep copies of all relevant documents. </span></div>
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<div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;">
<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;">Clients will never be made to pay for unnecessary costs by an excellent legal representative. Injury attorneys who are not in it only for a paycheck will work to a great degree hard off camera to give the most ideal representation and won't charge for each and every question. Conducting your own background check on any legal representative you're thinking about hiring can help you make the very best possible decision. The online world is the source of reams of information about every legal representative practicing in your state, including their specialties and their fee structure. </span></div>
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<div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;">
<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;">A verbal promise of excellent service from your legal representative is great, but do not merely accept what someone says unless you could verify it yourself. Do your own investigating in order to make certain that you could confirm any promises made by your accident injury lawyer. Carefully examine all the info you could and pull out all the important facts that can help you in making an informed decision. Search for any overviews, audits and conceivable protests enrolled online about the firm and the particular legal personal attorney you're chatting with. </span></div>
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<div dir="ltr" style="line-height: 1.38; margin-bottom: 0pt; margin-top: 0pt;">
<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;">A license is required for accident injury lawyers to be in a position to practice law. Your legal advisor must be approved to provide legal counsel in your state and you should guarantee that he or she is. A legal consultant needs to keep their license up on their wall for people who want to see it. You're always in a position to ask particular questions to see how in-depth their knowledge of the law is. </span></div>
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<span style="background-color: transparent; color: black; font-family: Arial; font-size: 14.666666666666666px; font-style: normal; font-variant: normal; font-weight: 400; text-decoration: none; vertical-align: baseline; white-space: pre-wrap;">Fort Myers, FL 33907</span></div>
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VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-50140571887290139652017-01-04T12:22:00.001-08:002017-01-04T12:22:26.045-08:00Find the Best PI Attorney in Fort Myers Area<div dir="ltr" style="text-align: left;" trbidi="on">
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No research is going to be better than your own when you are looking into a specific law practice or legal representative. The web is a great source because you are able access client feedback about a specific attorney and also other pertinent info. The rules below can assist you in seeing how to hunt down a good, trustworthy legal representative.
Free lawful administrations are offered by legal representatives and non-legislative associations in the event that you're confronting money related issues but require quality lawful administrations. If you're someone who is in a financial bind, you may qualify for free legal assistance. Accident lawyers tend to be happy to allot free legal service to those in a financial bind. Accident lawyers might also use clients as techniques of advertising in exchange for free legal fees.
A legal consultant who is responsible knows how important keeping a level head at all times is. In certain instances, your accident injury lawyer might need to use unusual manners to work out the problems in your case. It's important that your legal personal attorney be able to keep a level head to avoid making mistakes when representing you and your case, especially when the law throws a curveball at you. Make sure to contact some of your attorney's past clients in order to determine how well they can handle stress and surprises before signing an agreement.
If you're searching for the perfect attorney using online methods, you must understand what you need to be looking for in order to succeed. Purposely confusing and imprecise info will become repetitive when you perform your internet hunt for potential legal counsel. Do some investigation that can provide you with info about the attorney and make use of available reviews during your assessment. When looking to work with a legal representative, it is extremely essential that you ensure that your prospective legal consultants are capable of delivering the results you need.
The most desirable legal representatives build their excellent reputations by making certain to interview each of their clients thoroughly and in great detail. Though the questions could seem excessive, the attorney is seeking to know the most he can about you before appearing in court so that he may represent you better. Any legal representative of value will probably be constantly seeking additional information, whether through books, online, or asking a lot of questions. Should your attorney present you only with a few meaningless questions should he or she seem disinterested in your legal case, you need to find a new one as soon as possible.
<a href="https://plus.google.com/u/0/+LawOfficesofWolfPravatoFortMyers">Law Offices of Wolf & Pravato1825 Colonial BlvdFort Myers, FL 33907</a>
(239) 337-4357
<a href="http://www.wolfandpravato.com/fort-myers-fl-personal-injury-attorney/">http://www.wolfandpravato.com/fort-myers-fl-personal-injury-attorney/</a>
<a href="https://www.facebook.com/wolfandpravato/">https://www.facebook.com/wolfandpravato/</a>
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VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-61352018584150616182016-11-07T15:48:00.001-08:002016-11-07T15:48:02.278-08:00When to Sue an Optometrist for Eye Injuries<p>Ask most Americans which of their five senses they would least like to go without, and chances are they will say, "Sight." Our eyesight and vision is one of our most coveted aspects, and <a title="Survey: Loss of sight is a top concern for Americans" href="http://www.aoa.org/news/inside-optometry/survey-loss-of-sight-is-a-top-concern-for-americans?sso=y" target="_blank">many consider blindness the worst thing that could happen to them</a>.</p>
<p>So it's no surprise that we take eye health and care so seriously, and why optometrists are held to such a high standard of care. And if an optometrist fails to provide eyesight and vision care up to that standard, lawsuits are possible.</p>
<p><strong>Seeing an Optometrist</strong></p>
<p>Like any other doctor, an optometrist can be liable for medical malpractice when that malpractice causes an injury. Optometrist malpractice could take the form of failing to diagnose an ocular disease, or medical condition, for misdiagnosing a vision ailment, or for prescribing the wrong treatment.</p>
<p>Optometrists could also be held liable for the negligence if an injury occurs during eye surgery, or while using medical devices if they ignored the manufacturer's instructions. And an optometrist may also prescribe an incorrect set of glasses or contact lenses, doing more damage to your eyesight than good.</p>
<p><strong>Suing an Optometrist</strong></p>
<p>A case for malpractice against an optometrist looks like the same as those against other doctors. State malpractice laws can differ, but most lawsuits are <a title="Medical Malpractice Overview" href="http://injury.findlaw.com/medical-malpractice/medical-malpractice-overview.html" target="_blank">premised on four main elements</a>:</p>
<ul>
<li><a title="Duty" href="http://dictionary.findlaw.com/definition/duty.html" target="_blank"><strong>Duty</strong></a>: Optometrists owe their patients a duty of care, to diagnose and treat eye and vision ailments to the same ability of other optometrists.</li>
<li><a title="Breach" href="http://dictionary.findlaw.com/definition/breach.html" target="_blank"><strong>Breach</strong></a>: You must prove that an optometrist failed to meet this duty, generally by misdiagnosis or mistreatment.</li>
<li><a title="Cause" href="http://dictionary.findlaw.com/definition/cause.html" target="_blank"><strong>Causation</strong></a>: You must prove that you were injured as the result of an optometrist's breach of duty, and that your injuries were the fault of the optometrist, and not something some other cause.</li>
<li><a title="Damages" href="http://dictionary.findlaw.com/definition/damages.html" target="_blank"><strong>Damages</strong></a>: You must prove your injuries, through medical records, medical expenses, or even emotional distress.</li>
</ul>
<p>Injured plaintiffs must prove all of these elements to have a successful claim for optometrist malpractice, and proving each element can be complicated, involving medical evidence and doctor testimony.</p>
<p>To find out if you can sue an optometrist for malpractice, you should consult a local personal injury attorney.</p>
<p>Related Resources:</p>
<ul>
<li>Have an injury claim? <a title="Consumer Injury - Personal Injury" href="http://citrk.com/?a=5468&c=4918&s1=bl" target="_blank" rel="nofollow">Get matched with a local attorney</a>. (Consumer Injury)</li>
<li><a title="Medical Malpractice" href="http://blogs.findlaw.com/injured/medical-malpractice/" target="_blank">Medical Malpractice</a> (FindLaw's Injured)</li>
<li><a title="LASIK Eye Surgery FAQ" href="http://injury.findlaw.com/product-liability/lasik-eye-surgery-faq.html" target="_blank">LASIK Eye Surgery FAQ</a> (FindLaw's Injured)</li>
<li><a title="Man Sues After Waking During Cataract Surgery" href="http://blogs.findlaw.com/injured/2013/02/man-sues-after-waking-during-cataract-surgery.html" target="_blank">Man Sues After Waking During Cataract Surgery</a> (FindLaw's Injured)</li>
</ul>
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Originally Seen On: http://blogs.findlaw.com/injured/2016/11/when-to-sue-an-optometrist-for-eye-injuries.html
VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-11733802130378293382016-11-04T12:08:00.001-07:002016-11-04T12:08:07.430-07:00Ebola Nurse Settles Lawsuit Against Hospital<p>A nurse who contracted Ebola from the first U.S. patient to be diagnosed with the disease back in 2014<span style="font-size: 1em;"> settled her lawsuit against the hospital she worked in last month. While the details of the settlement remain confidential, typically, when a settlement is announced like this, it means the plaintiff won.</span></p>
<p>The nurse's lawsuit alleged that the hospital was negligent in training staff to handle an Ebola diagnosis, and failed to provide the proper safeguards for employees. Fortunately, both this nurse and one other nurse that also contracted Ebola at the same hospital, made full recoveries from the deadly viral infection. Unfortunately, as a result of the stress and treatments, both still suffer some lingering effects such as pain, hair loss, insomnia, and nightmares.</p>
<p><strong>Can You Sue Your Employer for an Illness Received On-the-Job?</strong></p>
<p>While some people might find it odd that a nurse can sue a hospital after contracting the same virus that a patient in the hospital had, there's more to it than that. The hospital in question did not have the proper supplies on hand to protect their employees, and additionally, had <a title="Ebola Survivor Nina Pham Reaches Settlement With Dallas Hospital Over Negligence, Deception Lawsuit" href="http://www.techtimes.com/articles/183580/20161025/ebola-survivor-nina-pham-reaches-settlement-with-dallas-hospital-over-negligence-deception-lawsuit.htm" target="_blank">not properly trained their staff on how to handle the Ebola virus</a>. Around that time in 2014, there was worldwide concern over the outbreak of Ebola, and hospitals across the United States weren't just getting ready to treat single cases, but were gearing up for an outbreak. These facts provide the backdrop for a negligence claim.</p>
<p>To make matters worse, the nurse in this case not only contracted the illness, but was used as a political prop for the hospital. Video footage of her was shown, and <a title="Texas hospital reaches settlement with nurse infected with Ebola" href="http://www.reuters.com/article/us-health-ebola-texas-nurse-idUSKCN12O2AF" target="_blank">her medical case was treated as a publicity stunt, rather than a private matter</a>.</p>
<p><strong>Why Not Workers' Compensation?</strong></p>
<p>While the nurse may have been able to file a workers' compensation claim, typically, those are for on-the-job injuries that will require a protracted recovery time where the employee will need steady income during that time. The injury in this case is more closely related to a standard negligence claim because it would not have happened if the hospital had prepared properly. In this case, a <a title="Workers' Comp Benefits Explained" href="http://injury.findlaw.com/workers-compensation/workers-comp-benefits-explained.html" target="_blank">workers' compensation claim would not have fully remedied the nurse's legal claims</a>.</p>
<p>Related Resources:</p>
<ul>
<li>Injured in an accident? <a title="Consumer Injury - Personal Injury" href="http://citrk.com/?a=5468&c=4918&s1=bl" target="_blank" rel="nofollow">Get matched with a local attorney</a>. (Consumer Injury)</li>
<li><a title="Can You Get Disability for Being Single?" href="http://blogs.findlaw.com/injured/2016/11/can-you-get-disability-for-being-single.html" target="_blank">Can You Get Disability for Being Single?</a> (FindLaw's Injured)</li>
<li><a title="When Can a Lien Be Put on Your Personal Injury Settlement?" href="http://blogs.findlaw.com/injured/2016/11/when-can-a-lien-be-put-on-your-personal-injury-settlement.html" target="_blank">When Can a Lien Be Put on Your Personal Injury Settlement?</a> (FindLaw's Injured)</li>
<li><a title="NY Brain Surgeon Faces Three Malpractice Lawsuits" href="http://blogs.findlaw.com/injured/2016/11/ny-brain-surgeon-faces-three-malpractice-lawsuits.html" target="_blank">NY Brain Surgeon Faces Three Malpractice Lawsuits</a> (FindLaw's Injured)</li>
</ul>
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Originally Seen On: http://blogs.findlaw.com/injured/2016/11/ebola-nurse-settles-lawsuit-against-hospital.html
VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-60164325312895342912016-11-04T07:03:00.001-07:002016-11-04T07:03:59.717-07:00Can You Get Workers' Comp for Zika?<p>It may sound far-fetched, but when you consider that <a title="Over 2.5 Billion People Worldwide Are in the Zika Danger Zone" href="http://blogs.findlaw.com/injured/2016/09/over-25-billion-people-worldwide-are-in-the-zika-danger-zone.html" target="_blank">over 2.5 billion people worldwide live within Zika danger zones</a>, wondering if you can get compensated for contracting the virus on the job is a legitimate concern. The Florida Fraternal Order of Police seems to think so, as the police union has requested that <a title="Police union wants workers' comp for officers with Zika" href="http://wsvn.com/news/local/police-union-wants-workers-comp-for-officers-with-zika/" target="_blank">Sunshine State workers' compensation coverage be extended</a> to first responders who come into contact with Zika while working.</p>
<p>So will they get it? And what about workers' comp for other employees who contract Zika?</p>
<p><strong>Taking a Bite out of Crime Fighters</strong></p>
<p>The Florida FOP also confirmed this week that a <a title="2nd Miami Beach police officer infected with Zika" href="http://wsvn.com/news/local/2nd-miami-beach-police-officer-infected-with-zika/" target="_blank">second Miami Beach police officer contracted the Zika virus</a> in South Florida. The union did not release the officer's name, but says Miami Beach officials refused both officers' workers' compensation claims. Current workers' compensation laws require proof of Zika exposure while working, and while the union claims officers were infected on the job, they didn't release details on where the officers contracted the virus.</p>
<p>Miami has two designated Zika transmission zones within the city and Miami Beach spokeswoman Tonya Daniels said city employees have been offered free Zika testing and mosquito repellent. But police union president Bobby Jenkins told the AP that testing "does not mitigate the need for their coverage of the employees that they place at risk," and is asking lawmakers to step in.</p>
<p><strong>In Harm's Way on the Job</strong></p>
<p>As a general rule, workers' compensation insurance covers on-the-job injuries, which can either mean injuries incurred at the work location or elsewhere while performing work duties, as long as the injury is work-related. State laws on workers' comp claims may vary however, in terms of coverage and filing requirements. If an employee is forced to work somewhere with a high risk of Zika infection, or comes into contact with virus as part of his or her job, an infection most likely would be covered.</p>
<p>Most state workers' comp structures require employees to <a title="Workers' Compensation Claim Process" href="http://injury.findlaw.com/workers-compensation/the-workers-compensation-claim-process.html" target="_blank">file a workers' comp claim</a> before they can file a lawsuit. If the claim is denied, employees may have other legal options to get compensation for their injuries.</p>
<p>Related Resources:</p>
<ul>
<li>Hurt on the job? Have your injury <a title="Worker's Compensation - Consumer Injury" href="http://citrk.com/?a=5468&c=3429&s1=bl" target="_blank" rel="nofollow">claim reviewed for free</a>. (Consumer Injury)</li>
<li><a title="Legal Liability for the Zika Virus" href="http://blogs.findlaw.com/injured/2016/02/legal-liability-for-the-zika-virus.html" target="_blank">Legal Liability for the Zika Virus</a> (FindLaw's Injured)</li>
<li><a title="Top 9 Workers' Compensation Questions" href="http://blogs.findlaw.com/injured/2016/04/top-9-workers-compensation-questions.html" target="_blank">Top 9 Workers' Compensation Questions</a> (FindLaw's Injured)</li>
<li><a title="10 Injuries That May Not Be Covered by Workers' Comp" href="http://blogs.findlaw.com/injured/2016/07/10-injuries-that-may-not-be-covered-by-workers-comp.html" target="_blank">10 Injuries That May Not Be Covered by Workers' Comp</a> (FindLaw's Injured)</li>
</ul>
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Originally Seen On: http://blogs.findlaw.com/injured/2016/11/can-you-get-workers-comp-for-zika.html
VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-76441601456100142582016-11-03T11:05:00.001-07:002016-11-03T11:05:03.532-07:00Off Roading Accident Liability<p>Off roading accidents frequently result in severe injuries and even death. Many off road vehicles, such as ATVs, ROVs, and dirt bikes, provide very little protection for drivers or passengers. When an injury occurs as a result of an off roading accident, liability may be difficult to assess and <a title="ATV Injuries and Accidents" href="http://injury.findlaw.com/car-accidents/atv-injuries-and-accidents.html" target="_blank">the injuries can be rather severe</a>.</p>
<p>In an off roading accident involving no other vehicles, frequently the driver of the vehicle will be considered to be at fault. If there were passengers who were injured, they would potentially have a claim for damages against the driver. If the vehicle malfunctioned or crashed as a result of a defect, the manufacturer could potentially be held liable. Additionally, if the land or vehicle were in a condition that made them dangerous to off road on or in, then the respective owners may be held <a title="Proving Fault: What Is Negligence?" href="http://injury.findlaw.com/accident-injury-law/proving-fault-what-is-negligence.html" target="_blank">liable for negligence</a>.</p>
<p><strong>Passenger Injury and Assumption of Risk</strong></p>
<p>In some situations, a passenger may be presumed <a title="Assumption Of Risk" href="http://dictionary.findlaw.com/definition/assumption-of-risk.html" target="_blank">to have assumed the risk of injury</a> when they decided to ride as a passenger in an off road vehicle. For example, if a passenger knew that the driver of the off road vehicle was drunk or even inexperienced, it can be argued that the passenger assumed the risk of injury by agreeing to participate in a highly dangerous activity.</p>
<p>Simply going off roading likely does not mean a person is assuming the risk of injury. However, if circumstances, such as riding with a drunk driver, make the activity clearly more dangerous, then the legal theory of assumption of risk may apply. The legal theory may totally or partially defeat an injury claim depending on the circumstances.</p>
<p><strong>Insurance Coverage</strong></p>
<p>Even though an accident happened off road, frequently if the vehicle does have a valid auto insurance policy, then there may be insurance coverage for any injuries sustained. Unfortunately many off-road vehicle owners do not purchase liability insurance for vehicles like ATVs or dirt bikes if there is no plan to drive them on regular roads. The CPSC actually recommends <a title="CPSC Urges Riders To Keep Off-Road Vehicles Off Roads" href="http://onsafety.cpsc.gov/blog/2016/09/01/cpsc-urges-riders-to-keep-off-road-vehicles-off-roads/" target="_blank">not using off road vehicles on roads</a> due to multiple safety concerns.</p>
<p>If there is no auto insurance, a homeowner’s policy may be able to provide coverage for injuries. Additionally, where a minor is liable for the accident, a parent’s home owner’s policy may be able to cover the injuries.</p>
<p>Related Resources:</p>
<ul>
<li>Injured in an accident? <a title="Consumer Injury - Personal Injury" href="http://citrk.com/?a=5468&c=4918&s1=bl" target="_blank" rel="nofollow">Get matched with a local attorney</a>. (Consumer Injury)</li>
<li><a title="'Mudding' Injuries: Who's Stuck Paying the Bill?" href="http://blogs.findlaw.com/injured/2013/04/mudding-injuries-whos-stuck-paying-the-bill.html" target="_blank">‘Mudding’ Injuries: Who’s Stuck Paying the Bill?</a> (FindLaw’s Injured)</li>
<li><a title="Driver Liability for Cell Phone Related Car Accident" href="http://blogs.findlaw.com/injured/2016/10/driver-liability-for-cell-phone-related-car-accident.html" target="_blank">Driver Liability for Cell Phone Related Car Accident</a> (FindLaw’s Injured)</li>
<li><a title="Timeline for Your Workers' Compensation Claim" href="http://blogs.findlaw.com/injured/2016/10/timeline-for-your-workers-compensation-claim.html" target="_blank">Timeline for Your Workers’ Compensation Claim</a> (FindLaw’s Injured)</li>
</ul>
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Originally Seen On: http://blogs.findlaw.com/injured/2016/11/off-roading-accident-liability.html
VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-89422182768092902102016-11-02T10:09:00.001-07:002016-11-02T10:09:43.539-07:00Can You Get Disability for Being Single?<p>The Telegraph is reporting that the <a title="Single men will get the right to start a family under new definition of infertility" href="http://www.telegraph.co.uk/news/2016/10/19/single-men-will-get-the-right-to-start-a-family-under-new-defini/" target="_blank">World Health Organization will be updating its definition of "infertile"</a> to include single men and women with no medical issues who have been unable to find a suitable sexual partner or sufficient sexual relationships which could achieve conception. Previously, men and women had to demonstrate 12 months of unprotected sex without conception to classify as infertile.</p>
<p>This may seem like a simple shift, and one that could even have the added benefit of giving gay men and women the same priority access to <a title="Artificial Conception: Artificial Insemination and In Vitro" href="http://family.findlaw.com/surrogacy-artificial-conception/artificial-conception-artificial-insemination-and-in-vitro.html" target="_blank">in vitro fertilization</a> resources as heterosexual couples. But not everyone is happy about taking social conditions into account when changing global medical standards, especially those that could alter access to public healthcare funds.</p>
<p><strong>The Need for Change</strong></p>
<p>One of the authors of the new standards, the WHO's Dr. David Adamson, explained expanding the scope of infertility:</p>
<blockquote>
<p>"The definition of infertility is now written in such a way that it includes the rights of all individuals to have a family, and that includes single men, single women, gay men, gay women. It puts a stake in the ground and says an individual's got a right to reproduce whether or not they have a partner. It's a big change."</p>
</blockquote>
<p>The change is especially big for countries with government-funded healthcare or public funding for fertility treatments, including IVF, who may now be required to provide coverage for far more people. "It fundamentally alters who should be included in this group and who should have access to healthcare," Dr. Adamson said. "It sets an international legal standard. Countries are bound by it."</p>
<p><strong>The Impact of Change</strong></p>
<p>The <a title="ADA: Disabilities & Your Rights as an Employee" href="http://employment.findlaw.com/employment-discrimination/ada-disabilities-your-rights-as-an-employee.html" target="_blank">American Disabilities Act</a> does not specifically name each and every impairment that's covered under the Act. Instead, a person is defined as having a disability if they have "a physical or mental impairment that substantially limits one or more major life activities ... a history or record of such an impairment, or ... is perceived by others as having such an impairment." For almost all parents, having a child is a major life activity, and infertility is an impairment for those unable to have children.</p>
<p>And although they have yet to be finalized, the new WHO guidelines on infertility could apply. Only time will tell whether insurers must give the same access to IVF therapy to single wannabe parents as heterosexual couples.</p>
<p>Related Resources:</p>
<ul>
<li>Was your disability insurance claim denied? Have your <a title="Worker's Compensation - Consumer Injury" href="http://citrk.com/?a=5468&c=2380&s1=bl" target="_blank" rel="nofollow">claim reviewed for free</a>. (Consumer Injury)</li>
<li><a title="Why Were My Social Security Disability Benefits Denied? Top 3 Reasons" href="http://blogs.findlaw.com/injured/2016/02/why-were-my-social-security-disability-benefits-denied-top-3-reasons.html" target="_blank">Why Were My Social Security Disability Benefits Denied? Top 3 Reasons</a> (FindLaw's Injured)</li>
<li><a title="Can I Get Disability for Seasonal Affective Disorder (SAD)?" href="http://blogs.findlaw.com/injured/2015/09/can-i-get-disability-for-seasonal-affective-disorder.html" target="_blank">Can I Get Disability for Seasonal Affective Disorder (SAD)?</a> (FindLaw's Injured)</li>
<li><a title="FAQ for Disability Insurance Denial" href="http://blogs.findlaw.com/injured/2015/10/faq-for-disability-insurance-denial.html" target="_blank">FAQ for Disability Insurance Denial</a> (FindLaw's Injured)</li>
</ul>
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Originally Seen On: http://blogs.findlaw.com/injured/2016/11/can-you-get-disability-for-being-single.html
VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-59310920347616253102016-11-02T07:05:00.001-07:002016-11-02T07:05:20.479-07:00When Can a Lien Be Put on Your Personal Injury Settlement?<p>You've won your personal injury lawsuit, which is fantastic. But it turns out you still have some bills to pay, and perhaps to some people you didn't expect. If those bills go unpaid, creditors, insurance companies, or medical providers may try to secure a "<a title="Lien" href="http://lawbrain.com/wiki/Lien" target="_blank">lien</a>" against your settlement. A lien is essentially a legal attachment to your property, saying you owe a debt to someone else, and liens against personal injury awards can mean those debts can be paid out of your personal injury settlement first.</p>
<p>So here's want you need to know about liens in personal injury cases:</p>
<p><strong>Pre-Settlement</strong></p>
<p>It's best to get a handle on possible liens before you settle your personal injury claim. There could be statutory liens where state or federal laws require you to pay back Medicare, ERISA health insurance plans, the Veterans Administration, or workers compensation insurance plans from your settlement amount. Or, there could be contractual liens that arise from <a title="Protect a Settlement From your Health Insurance Provider" href="http://injury.findlaw.com/accident-injury-law/protecting-a-settlement-from-your-health-insurance-provider.html" target="_blank">private insurers or medical providers</a>.</p>
<p>If these bills haven't been paid or resolved at the outset of your case, they will still be there waiting after you settle, even if your injuries were someone else's fault. You and your attorney should work to figure out which bills have been paid and which remain outstanding. Not only will this help in determining the <a title="How Much Is Your Personal Injury Case Worth?" href="http://blogs.findlaw.com/injured/2013/01/how-much-is-your-personal-injury-case-worth.html" target="_blank">value of your personal injury claim</a>, it will make sure any and all possible lien holders will be compensated. You may even want to keep lien claimants in the loop during settlement negotiations.</p>
<p><strong>Post-Settlement</strong></p>
<p>Once you've settled your personal injury claim, you'll want to reach with the lien claimants, confirm that you've an agreement. After that, you and your attorneys should make sure that any and all creditors, medical providers, and insurers are paid promptly and confirm the payment is the full and final satisfaction of any claim they may have arising out of your case.</p>
<p>The sooner potential lien claimants are identified and paid, the sooner you can get on with your life, and the less chance you'll have liens placed on your personal injury award. This kind of work is best left to the professionals, so talk to a local personal injury attorney about your settlement today.</p>
<p>Related Resources:</p>
<ul>
<li>Injured in an accident? <a title="Consumer Injury - Personal Injury" href="http://citrk.com/?a=5468&c=4918&s1=bl" target="_blank" rel="nofollow">Get matched with a local attorney</a>. (Consumer Injury)</li>
<li><a title="5 Things a Personal Injury Lawyer Can Do (That You Probably Can't)" href="http://blogs.findlaw.com/injured/2014/05/5-things-a-personal-injury-lawyer-can-do-that-you-probably-cant.html" target="_blank">5 Things a Personal Injury Lawyer Can Do (That You Probably Can't)</a> (FindLaw's Injured)</li>
<li><a title="Can Workers' Comp or Injury Settlements Be Garnished?" href="http://blogs.findlaw.com/injured/2016/03/can-workers-comp-or-injury-settlements-be-garnished.html" target="_blank">Can Workers' Comp or Injury Settlements Be Garnished?</a> (FindLaw's Injured)</li>
<li><a title="How to Enforce a Settlement" href="http://blogs.findlaw.com/injured/2015/03/how-to-enforce-a-settlement.html" target="_blank">How to Enforce a Settlement</a> (FindLaw's Injured)</li>
</ul>
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Originally Seen On: http://blogs.findlaw.com/injured/2016/11/when-can-a-lien-be-put-on-your-personal-injury-settlement.html
VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-71943538231850110132016-11-01T06:05:00.001-07:002016-11-01T06:05:17.327-07:00NY Brain Surgeon Faces Three Malpractice Lawsuits<p>One of the leading brain surgeons that co-founded the North Shore University Hospital’s Chiari Institute is <a title="Three women slap tainted Long Island brain surgeon with malpractice suits in botched spinal operations" href="http://www.nydailynews.com/new-york/long-island-brain-surgeon-slapped-malpractice-suits-article-1.2850568" target="_blank">facing three malpractice lawsuits</a> over surgeries to correct Chiari malformations. The suits all allege that Dr. Bolognese improperly or needlessly performed a surgery to correct a Chiari malformation in each of the three separate plaintiffs.</p>
<p>The Chiari malformation is a rare condition where part of the brain forms under the brainstem where it connects with the neck and spinal cord. The effects of a Chiara malformation are varied from no symptoms at all, to severe. Currently <a title="Chiari Malformation Fact Sheet" href="http://www.ninds.nih.gov/disorders/chiari/detail_chiari.htm" target="_blank">the only treatment is surgery</a>.</p>
<p><strong>History of Getting Sued</strong></p>
<p>Dr. Bolognese has seen quite a bit of trouble. According to one source, though the doctor was not out of operating room for long, he was suspended back in 2010 for failing to show up for a surgery. Also, he has faced approximately 20 <a title="Medical Malpractice In-Depth" href="http://injury.findlaw.com/medical-malpractice/medical-malpractice-in-depth.html" target="_blank">medical malpractice lawsuits</a>.</p>
<p>In addition to the malpractice lawsuits, a former employee who sued her hospital for sexual harassment, described some very strange behavior by Dr. Bolongese during surgery, including <a title="Former physician assistant at Neurological Surgery PC in Long Island says doctors sexually harassed and belittled workers and took breaks during operations" href="http://www.nydailynews.com/new-york/brain-sleaze-long-island-docs-sex-harass-suit-article-1.2185486" target="_blank">disappearing mid surgery and openly using expletives when frustrated</a>.</p>
<p><strong>A Surgeon’s Malpractice Liability</strong></p>
<p>Surgeons, like any other doctor, can commit medical malpractice. Discovering surgical malpractice is difficult however as frequently patients are under anesthetic and therefore unaware while the surgeon is working. If it is something obvious, like the surgeon operated on the wrong body part or patient, this will be easily discovered. However, if a surgical sponge or other implement was left behind, or the surgery was unnecessary, or some other avoidable mistake occurred, discovering the problem is the first step and may require expert medical assistance.</p>
<p>Once the mistake or problem is discovered, it must be determined, generally by more medical or surgical experts, whether the surgeon in your case <a title="Standard of Care: Treatment and Surgery" href="http://injury.findlaw.com/medical-malpractice/sub-standard-care-treatment-or-surgery.html" target="_blank">fell below the standard of care</a>. This means that a surgery that doesn’t work isn’t necessarily grounds for a malpractice suit. It only will be grounds for a lawsuit if the doctor made a mistake that made the level care provided fall below the standard of care that should have been provided.</p>
<p>Related Resources:</p>
<ul>
<li>Injured my medical malpractice? <a title="Consumer Injury - Personal Injury" href="http://citrk.com/?a=5468&c=4918&s1=bl" target="_blank" rel="nofollow">Get matched with a local attorney</a>. (Consumer Injury)</li>
<li><a title="When to Sue a Chiropractor for Injury" href="http://blogs.findlaw.com/injured/2016/10/when-to-sue-a-chiropractor-for-injury.html" target="_blank">When to Sue a Chiropractor for Injury</a> (FindLaw’s Injured)</li>
<li><a title="5 Controversial Medical Treatments Still Used Today" href="http://blogs.findlaw.com/injured/2016/10/5-controversial-medical-treatments-still-used-today.html" target="_blank">5 Controversial Medical Treatments Still Used Today</a> (FindLaw’s Injured)</li>
<li><a title="When to Sue a Pediatrician for Malpractice" href="http://blogs.findlaw.com/injured/2016/10/when-to-sue-a-pediatrician-for-malpractice.html" target="_blank">When to Sue a Pediatrician for Malpractice</a> (FindLaw’s Injured)</li>
</ul>
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Originally Seen On: http://blogs.findlaw.com/injured/2016/11/ny-brain-surgeon-faces-three-malpractice-lawsuits.html
VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-29755712000360953132016-10-31T14:29:00.001-07:002016-10-31T14:29:41.896-07:00Things You Need To Know About Workplace Negligence<p>For many of us, the prospect of being injured at work isn’t just problematic—it’s downright terrifying. We have been brought up with a strong work ethic that doesn’t allow for many days off or downshifts in our workload. But once injured, all of that goes away. Now the fear becomes [...]</p>
<p>The post <a rel="nofollow" href="http://www.wolfandpravato.com/things-need-know-workplace-negligence/">Things You Need To Know About Workplace Negligence</a> appeared first on <a rel="nofollow" href="http://www.wolfandpravato.com">Wolf and Pravato</a>.</p>
VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-1484902692545926352016-10-31T06:13:00.001-07:002016-10-31T06:13:59.291-07:00Timeline for Your Workers' Compensation Claim<p>If your first thought after a work injury isn't, "When can I get back to work," it's probably, "When can I get paid for getting injured at work." Missing work is tough, especially if you're missing paychecks, too.</p>
<p>If you got injured on the job, you probably know you can file a <a title="Workers' Compensation Basics" href="http://injury.findlaw.com/workers-compensation/workers-compensation-basics.html" target="_blank">workers' compensation insurance claim</a>. But how long is that going to take? While all cases are unique, here's a quick look at what to expect from your workers' comp claim.</p>
<p><strong>Your Steps</strong></p>
<p>The <a title="Workers' Comp In-Depth" href="http://injury.findlaw.com/workers-compensation/workers-comp-in-depth.html" target="_blank">timeline for your workers' compensation claim</a> begins at your injury, and there are some steps you'll want to take immediately to ensure your claim is reviewed and completed as quickly as possible. First, take care of yourself and seek any necessary medical attention, even if you're worried you can't afford it. Most states require employers or their insurance company to pay for an injured employee's medical bills as soon as they file a claim. So you do not have to wait until your claim is approved to receive compensation for medical costs.</p>
<p>Second, report the injury to your employer, and, if possible, report the injury in writing and keep a copy of the report for personal records. Your employer is then <a title="Workers' Comp: Employers' Responsibilities" href="http://injury.findlaw.com/workers-compensation/workers-comp-employers-responsibilities.html" target="_blank">required to offer you a claim form</a> immediately. Make sure the claim form is filled out completely and specifically and that you file it as soon as possible. You should also keep a copy of your completed claim form for your records as well.</p>
<p><strong>Employer and Insurer Steps</strong></p>
<p>Once your employer receives your claim form, it is their responsibility to immediately notify their insurance company and arrange medical assistance and compensation for you. Your employer may also be required to complete and file a wage verification form with the insurer within a certain amount of time after your claim or compensation form.</p>
<p>After receiving your claim, the insurer generally has 30 days to either accept or deny your claim and notify you of its decision. (Be aware this time limit can vary by state.) If your claim is approved, the insurer must start paying out benefits soon after. If your claim is denied, you can request a hearing to review the decision. There is a time limit on the request for a hearing, normally around 60 days after you received notice of denial. A hearing date will then be set, usually within 30 days of your request. After the hearing, the hearing officer normally has 15 days to make a final decision.</p>
<p>If you need help filing a workers' comp claim, or if your claim has been denied, you may want to contact a local workers' comp attorney for advice.</p>
<p>Related Resources:</p>
<ul>
<li>Hurt on the job? Have your injury <a title="Worker's Compensation - Consumer Injury" href="http://citrk.com/?a=5468&c=3429&s1=bl" target="_blank" rel="nofollow">claim reviewed for free</a>. (Consumer Injury)</li>
<li><a title="How Long Do I Have to Be Employed to Get Workers' Comp?" href="http://blogs.findlaw.com/injured/2015/06/how-long-do-i-have-to-be-employed-to-get-workers-comp.html" target="_blank">How Long Do I Have to Be Employed to Get Workers' Comp?</a> (FindLaw's Injured)</li>
<li><a title="How Long Will Workers' Compensation Benefits Last?" href="http://blogs.findlaw.com/injured/2015/05/how-long-will-workers-compensation-benefits-last.html" target="_blank">How Long Will Workers' Compensation Benefits Last?</a> (FindLaw's Injured)</li>
<li><a title="When Is It Too Late to Sue for Injury?" href="http://blogs.findlaw.com/injured/2015/01/when-is-it-too-late-to-sue-for-injury.html" target="_blank">When Is It Too Late to Sue for Injury?</a> (FindLaw's Injured)</li>
</ul>
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Originally Seen On: http://blogs.findlaw.com/injured/2016/10/timeline-for-your-workers-compensation-claim.html
VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-19001808992580625872016-10-28T13:09:00.001-07:002016-10-28T13:09:13.174-07:00How Does SSDI Impact an Injury Lawsuit?<p>If you are on SSDI and are considering filing a lawsuit or pursuing an injury claim, you may be concerned about how a settlement or court award could impact your receipt of benefits. Social Security Disability Insurance is a federal program designed to assist disabled individuals that are unable to work by providing those individuals with an income source.</p>
<p>While SSDI will want to know if you have received wages, the general rule is that an <a title="Is Your Personal Injury Settlement Award Taxable?" href="http://blogs.findlaw.com/injured/2015/03/is-your-personal-injury-settlement-award-taxable.html" target="_blank">injury settlement or court award for an injury case are not wages</a>, UNLESS a portion of that award is meant to compensate you specifically for lost wages. Also, it should be noted that if you receive punitive or exemplary damages, or any interest on the award, these may also be concerned as unearned income.</p>
<p><strong>Can SSDI Affect Your Settlement?</strong></p>
<p>While your SSDI is generally safe from loss as a result of an injury settlement or court award, your settlement or award may be less than you might expect because of your SSDI. Often, injury plaintiffs are disappointed when they find out that their cases are not as highly valued as they expected. Many times, a case’s high value lies in the plaintiff’s status as a high-wage earner. If someone who makes $1,000,000 per year misses one day of work because of the injury, that one day of lost wages could be worth at least $2,700 or more. If that person misses ten days, that can add $27,000 to their case.</p>
<p>If you are on SSDI, there will be no wage loss to recover <a title="Private Disability Insurance vs. SSDI" href="http://injury.findlaw.com/accident-injury-law/private-disability-insurance-vs-ssdi.html" target="_blank">because SSDI covers your wages</a>, and therefore, any settlement may feel a little bit lower than you might have expected.</p>
<p><strong>Don’t Confuse SSI With SSDI</strong></p>
<p>It is important to not confuse SSI with SSDI. Supplmental Security Income (SSI) is a <a title="Understanding Supplemental Security Income (SSI) Overview -- 2016 Edition" href="https://www.ssa.gov/ssi/text-over-ussi.htm" target="_blank">need-based federal program</a> that provides disabled and elderly individuals with income to supplemental SSDI or regular social security benefits. Any income or monies a person receives can have an impact on a recipient of SSI benefits. It is highly advisable for a recipient of SSI to seek the advice of an attorney regarding how to handle settlement or court award money as SSI benefits can be easily lost if a person receives a lump sum.</p>
<p>Related Resources:</p>
<ul>
<li>Injured in an accident? <a title="Consumer Injury - Personal Injury" href="http://citrk.com/?a=5468&c=4918&s1=bl" target="_blank" rel="nofollow">Get matched with a local attorney</a>. (Consumer Injury)</li>
<li><a title="If You Can't Get Workers' Comp, Can You Get SSDI?" href="http://blogs.findlaw.com/injured/2015/04/if-you-cant-get-workers-comp-can-you-get-social-security-disability.html" target="_blank">If You Can’t Get Workers’ Comp, Can You Get SSDI?</a> (FindLaw’s Injured)</li>
<li><a title="5 Things a Personal Injury Lawyer Can Do (That You Probably Can't)" href="http://blogs.findlaw.com/injured/2014/05/5-things-a-personal-injury-lawyer-can-do-that-you-probably-cant.html" target="_blank">5 Things a Personal Injury Lawyer Can Do (That You Probably Can’t)</a> (FindLaw’s Injured)</li>
<li><a title="Personal Injury Lawyer Dropped Your Case? Now What?" href="http://blogs.findlaw.com/injured/2016/10/personal-injury-lawyer-dropped-your-case-now-what.html" target="_blank">Personal Injury Lawyer Dropped Your Case? Now What?</a> (FindLaw’s Injured)</li>
<li><a title="When to Sue a Pediatrician for Malpractice" href="http://blogs.findlaw.com/injured/2016/10/when-to-sue-a-pediatrician-for-malpractice.html" target="_blank">When to Sue a Pediatrician for Malpractice</a> (FindLaw’s Injured)</li>
</ul>
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VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-2842297915713590502016-10-28T11:04:00.001-07:002016-10-28T11:04:32.375-07:00Driver Liability for Cell Phone Related Car Accident<p>How an accident happens will largely determine who is ultimately held liable. If the at fault driver was found to have caused the accident while talking or texting, they will likely have more difficulty defending their case, and they may potentially face additional penalties. Nearly every state has laws on distracted driving, and most <a title="Distracted Driving Laws" href="http://www.ghsa.org/html/stateinfo/laws/cellphone_laws.html" target="_blank">include some limitations on the use of cell phones by drivers</a>.</p>
<p>Regardless of whether you have an ear piece, integrated Bluetooth, or speakerphone system, if you are talking or texting on a cell phone while driving, an officer or other party can claim that you were driving while distracted. According to the most recent report by the NHTSA, <a title="Traffic fatalities up sharply in 2015" href="http://www.nhtsa.gov/About-NHTSA/Press-Releases/traffic_fatalities_2015" target="_blank">one in ten on the road fatalities involved distraction</a>.</p>
<p><strong>Accidents While Phoning or Texting</strong></p>
<p>If a driver is found to be at fault for an accident, then they can also be found liable for the injuries and property damage they caused. While a majority of auto accident cases <a title="Comparative Negligence" href="http://injury.findlaw.com/car-accidents/comparative-negligence.html" target="_blank">settle out of court</a>, the facts concerning how the crash happened are relevant to establishing the injured party's case for damages. When a jury is asked to decide an auto accident injury case, they will usually be tasked with deciding two primary issues:</p>
<ol>
<li>Whether the defendant caused the injuries and damages.</li>
<li>How much money should be awarded to the plaintiff for suffering the injuries and damages.</li>
</ol>
<p>In most jurisdictions, if both parties are considered to be partly at fault, or fault is uncertain, the party that is found to be <a title="Comparative Negligence" href="http://injury.findlaw.com/car-accidents/comparative-negligence.html" target="_blank">more than 50% at fault, generally is the party held responsible for the damages</a>. If a party was on the phone when the accident occurred, they may be found some percentage (comparatively) at fault. In states like California, if a driver is found to be 25% at fault, any award they receive will be reduced by their percentage of fault.</p>
<p><strong>Rear-Ended While Talking on the Phone</strong></p>
<p>There are some auto-accident cases where it won't matter if the victim was on the phone or texting. If you are stopped at a red light, and you get rear-ended while texting or talking on the phone, it is highly unlikely that your texting or talking had anything to do with causing the accident. In this sort of a situation, your phone use, while still potentially against the law, generally cannot be used to attack liability.</p>
<p>Related Resources:</p>
<ul>
<li><a title="Find Personal Injury Lawyers in Your Area" href="http://lawyers.findlaw.com/lawyer/practice/personal-injury-plaintiff" target="_blank">Find Personal Injury Lawyers in Your Area</a> (FindLaw's Lawyer Directory)</li>
<li><a title="What's More Dangerous Than Texting and Driving?" href="http://blogs.findlaw.com/injured/2013/04/whats-more-dangerous-than-texting-and-driving.html" target="_blank">What's More Dangerous Than Texting and Driving?</a> (FindLaw's Injured)</li>
<li><a title="1 in 4 Car Crashes Involves Cell Phone Use: Report" href="http://blogs.findlaw.com/injured/2014/03/1-in-4-car-crashes-involves-cell-phone-use-report.html" target="_blank">1 in 4 Car Crashes Involves Cell Phone Use: Report</a> (FindLaw's Injured)</li>
<li><a title="Is Apple Liable for Distracted Driving Accidents?" href="http://blogs.findlaw.com/injured/2016/10/is-apple-liable-for-distracted-driving-accidents.html" target="_blank">Is Apple Liable for Distracted Driving Accidents?</a> (FindLaw's Injured)</li>
</ul>
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Originally Seen On: http://blogs.findlaw.com/injured/2016/10/driver-liability-for-cell-phone-related-car-accident.html
VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-20078023935382080532016-10-27T06:04:00.001-07:002016-10-27T06:04:38.500-07:00Personal Injury Lawyer Dropped Your Case? Now What?<p>It happens all too often. A person hires a lawyer right after an accident, then months later when the medical treatment is all done, the lawyer they hired decides they no longer want the case. Don’t read into it too much. Some lawyers only handle cases if they are of a certain value or above. So unless your lawyer has ceased communicating with you, there are a few steps you can take to make sure your case can be smoothly transitioned over to a new attorney.</p>
<p>However, if your lawyer has ceased communicating with you, it might be a good idea to get a new lawyer, and have your new lawyer attempt to connect with the old lawyer. On rare occasion, lawyers get sick, die, or just plainly go missing without warning, just like any other human being. The most important thing is to find out <a title="State Statutes of Limitations" href="http://statelaws.findlaw.com/statutes-of-limitations.html" target="_blank">your statute of limitations date</a>, because if you don’t file a lawsuit by that date, your claim will expire.</p>
<p><strong>1. Ask Your Old Attorney to Delay Withdrawing Until You Find a New Attorney</strong></p>
<p>Attorneys will often recommend that you find a new attorney before they formally withdraw from representation, even when there has been a breakdown in the attorney-client relationship involving anger and animosity. Attorneys are generally agreeable to this arrangement because it will avoid injuring a client’s case. If you are firing your attorney, however, this request will likely not go over well.</p>
<p><strong>2. Figure Out Your Lien Situation</strong></p>
<p>Personal injury cases, if handled on a <a title="What Is a Contingency Fee?" href="http://blogs.findlaw.com/injured/2010/08/what-is-a-contingency-fee.html" target="_blank">contingency basis</a> (which they typically are), may have lien provisions included in the attorney fee agreement. When an attorney drops your case, if your contract had one of these provisions, you need to get a letter from the attorney clearly stating whether they have a lien, or not, and if so, for how much. A <a title="FindLaw Legal Dictionary: Lien" href="http://dictionary.findlaw.com/definition/lien.html" target="_blank">lien is a typical contract term</a> in a contingency fee contract that allows an attorney to place a claim for payment on your case, and requiring that they be paid from any eventual settlement or judgment issued in the case for the work they did on your case.</p>
<p>When an attorney drops a case, they usually do not assert a lien, unless they have expended a significant amount of money or time on the case. Even then, some attorneys will release their liens in order to make it easier for a client to retain a new attorney, as a second attorney may be hesitant to take a case that has a lien attached to it. However, any new attorney will likely ask and want to know about liens before formally accepting representation.</p>
<p><strong>3. Find and Hire a New Attorney</strong></p>
<p>Don’t delay. The longer you wait to find a new attorney, the less time the new attorney will have to prepare your case. FindLaw has a <a title="Browse Person Injury Lawyers by Location" href="http://lawyers.findlaw.com/lawyer/practice/personal-injury-plaintiff" target="_blank">personal injury lawyer directory</a> that you can browse for free to find an experienced injury attorney in your area.</p>
<p>Related Resources:</p>
<ul>
<li>Injured in an accident? Get your <a title="Consumer Injury - Personal Injury" href="http://citrk.com/?a=5468&c=5110&s1=bl" rel="nofollow" target="_blank">claim reviewed by an attorney for free</a>. (Consumer Injury)</li>
<li><a title="5 Controversial Medical Treatments Still Used Today" href="http://blogs.findlaw.com/injured/2016/10/5-controversial-medical-treatments-still-used-today.html" target="_blank">5 Controversial Medical Treatments Still Used Today</a> (FindLaw’s Injured)</li>
<li><a title="Chemical Spill in Kansas Hospitalizes Over 100 People" href="http://blogs.findlaw.com/injured/2016/10/chemical-spill-in-kansas-hospitalizes-over-100-people.html" target="_blank">Chemical Spill in Kansas Hospitalizes Over 100 People</a> (FindLaw’s Injured)</li>
<li><a title="Is Apple Liable for Distracted Driving Accidents?" href="http://blogs.findlaw.com/injured/2016/10/is-apple-liable-for-distracted-driving-accidents.html" target="_blank">Is Apple Liable for Distracted Driving Accidents?</a> (FindLaw’s Injured)</li>
</ul>
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VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-15395721960432313672016-10-26T15:09:00.001-07:002016-10-26T15:09:40.864-07:00When to Sue a Pediatrician for Malpractice<p>There are fewer malpractice claims against pediatricians than any other specialty, according to a <a title="Malpractice Risk Among US Pediatricians" href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3666113/" target="_blank">recent study</a>. But that same study concluded that a higher percentage of pediatric claims went to trial. Perhaps that's because, pediatricians are tasked with providing medical care for our children, and their mistakes, though few, can be especially tragic.</p>
<p>Here's what you need to know about pediatric care and the possibility of medical malpractice lawsuits.</p>
<p><strong>Malpractice Elements</strong></p>
<p>Doctors, like anyone else, can be held liable for injuries they cause. And while state laws may vary, most medical malpractice lawsuits are <a title="Medical Malpractice Overview" href="http://injury.findlaw.com/medical-malpractice/medical-malpractice-overview.html" target="_blank">premised on four main elements</a>:</p>
<ul>
<li><a title="Duty" href="http://dictionary.findlaw.com/definition/duty.html" target="_blank"><em>Duty</em></a>: Pediatricians owe their patients a duty of care, to diagnose and treat ailments to the same ability of other pediatricians.</li>
<li><a title="Breach" href="http://dictionary.findlaw.com/definition/breach.html" target="_blank"><em>Breach</em></a>: They can breach that duty by failing to meet the standard of care, such as by misdiagnosing or mistreating their child patients.</li>
<li><a title="Cause" href="http://dictionary.findlaw.com/definition/cause.html" target="_blank"><em>Causation</em></a>: A child patient can be injured as the result of a pediatrician's breach of duty, and in court they must prove these injuries were the fault of the pediatrician, and not something else, and that the pediatrician could or should have foreseen those injuries.</li>
<li><a title="Damages" href="http://dictionary.findlaw.com/definition/damages.html" target="_blank"><em>Damages</em></a>: The child patient's injuries, like medical expenses, emotional distress, or other harm must be compensable by money damages in order to recover in court.</li>
</ul>
<p>If all of these elements are found, you likely have a strong claim for pediatric malpractice, though proving each element of a case can be complicated.</p>
<p><strong>Pediatrician Malpractice Claims</strong></p>
<p>A pediatrician could be liable for medical malpractice for failing to diagnose an illness or medical issue, for misdiagnosing an ailment, or for prescribing the wrong treatment.</p>
<p>Pediatricians could also be held liable for the negligent prescription of a medication or medical devices if they ignored the manufacturer's instructions, or prescribe an incorrect medication or dosage.</p>
<p>To find out if you can sue a pediatrician for malpractice, you may want to consult an experienced personal injury attorney.</p>
<p>Related Resources:</p>
<ul>
<li>Does your child have an injury claim? <a title="Consumer Injury - Personal Injury" href="http://citrk.com/?a=5468&c=4918&s1=bl" target="_blank" rel="nofollow">Get matched with a local attorney</a>. (Consumer Injury)</li>
<li><a title="5 Signs You May Need a Medical Malpractice Attorney" href="http://blogs.findlaw.com/injured/2014/09/5-signs-you-may-need-a-medical-malpractice-attorney.html" target="_blank">5 Signs You May Need a Medical Malpractice Attorney</a> (FindLaw's Injured)</li>
<li><a title="Top Reasons Doctors Get Sued for Malpractice" href="http://blogs.findlaw.com/injured/2015/10/top-reasons-doctors-get-sued-for-malpractice.html" target="_blank">Top Reasons Doctors Get Sued for Malpractice</a> (FindLaw's Injured)</li>
<li><a title="Should Doctors Have to Tell Patients If They're on Probation?" href="http://blogs.findlaw.com/injured/2016/06/should-doctors-have-to-tell-patients-if-theyre-on-probation.html" target="_blank">Should Doctors Have to Tell Patients If They're on Probation?</a> (FindLaw's Injured)</li>
</ul>
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VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-46684999869770913972016-10-26T06:04:00.001-07:002016-10-26T06:04:54.677-07:00Sandy Hook Victims' Families' Lawsuit Dismissed Against Gun Maker<p>Recently, a Connecticut judge dismissed the lawsuit brought by the families of the victims of the Sandy Hook massacre against the gun manufacturer of the weapon used for the killings. Pursuant to a 2005 act signed into law by George W. Bush, the Protection of Lawful Commerce of Arms Act (PLCAA), the case was dismissed as the judge ruled <a title="A Judge Dismisses The Sandy Hook Families' Lawsuit Against A Gun Manufacturer" href="http://uproxx.com/news/judge-dismisses-sandy-hook-lawsuit-gun-maker/" target="_blank">the gun manufacturer could not be held liable</a>.</p>
<p>Under the PLCAA, a gun manufacturer or dealer cannot be held liable for how a gun is used if the gun was sold legally. The families of the victims based their lawsuit on a theory of negligent entrustment, which is one of the few exceptions to the PLCAA.</p>
<p><strong>Gun Manufacturers and Dealers Are Immune</strong></p>
<p>The PLCAA protects gun manufacturers and dealers from liability for how their guns are used so long as the sale of the weapon was lawful. In the Sandy Hook case, the shooter did not purchase the weapon, but rather obtained it from his mother, whom he killed. As such, making the argument that the dealer was negligent by entrusting the weapon to the killer just does not work as <a title="Conn. judge dismisses Sandy Hook families' lawsuit against gunmaker" href="http://www.nydailynews.com/news/national/judge-dismisses-sandy-hook-families-lawsuit-gunmaker-article-1.2831108" target="_blank">neither dealer, nor manufacturer, had any interaction with the actual killer</a>. The judge in the matter also explained that the 2005 PLCAA intended to give gun dealers and manufacturers broad immunity.</p>
<p><strong>A Never-Ending Battle</strong></p>
<p>The attorney for the families has pledged to file an appeal and continue fighting. While the fight may seem futile, especially given the PLCAA broad protections for gun dealers and manufacturers, the attorneys and victims’ families believe very strongly that the gun manufacturer should be held liable. As part of their negligent entrustment theory, they claimed that the manufacturer and dealer were negligent by entrusting anyone with the weapon as it is designed to kill people. The manufacturer denies that claim, and convinced a court that the PLCAA prevents them from being liable at all.</p>
<p>As a counterpoint, <a title="BREAKING: Frivolous Lawsuit Over Sandy Hook Deaths Dismissed" href="http://bearingarms.com/bob-o/2016/10/14/breaking-frivolous-lawsuit-sandy-hook-deaths-dismissed/" target="_blank">gun groups view this lawsuit very differently</a>. They point out that the AR-15 rifle, which was the one used in Sandy Hook, is one of the most common rifles sold in America, and that it is not an automatic assault rifle, despite the aggressive, militarized look. Additionally, pro-gun groups argue that the PLCAA protections are reasonable, and that the person who pulls the trigger, not the company that makes the trigger, should be liable.</p>
<p>Related Resources:</p>
<ul>
<li>Injured by a gun? <a title="Consumer Injury - Personal Injury" href="http://citrk.com/?a=5468&c=4918&s1=bl" target="_blank" rel="nofollow">Get matched with a local attorney</a>. (Consumer Injury)</li>
<li><a title="Chemical Spill in Kansas Hospitalizes Over 100 People" href="http://blogs.findlaw.com/injured/2016/10/chemical-spill-in-kansas-hospitalizes-over-100-people.html" target="_blank">Chemical Spill in Kansas Hospitalizes Over 100 People</a> (FindLaw’s Injured)</li>
<li><a title="When to Sue a Chiropractor for Injury" href="http://blogs.findlaw.com/injured/2016/10/when-to-sue-a-chiropractor-for-injury.html" target="_blank">When to Sue a Chiropractor for Injury</a> (FindLaw’s Injured)</li>
<li><a title="Is Apple Liable for Distracted Driving Accidents?" href="http://blogs.findlaw.com/injured/2016/10/is-apple-liable-for-distracted-driving-accidents.html" target="_blank">Is Apple Liable for Distracted Driving Accidents?</a> (FindLaw’s Injured)</li>
</ul>
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VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-13491774267656120852016-10-25T15:05:00.001-07:002016-10-25T15:05:23.637-07:005 Controversial Medical Treatments Still Used Today<p>It's easy to look back at medieval medical practices and wonder how they ever thought it would work. Theories about the four bodily humors may seem quaint in retrospect, but given the way medical knowledge and technology evolves, it's almost certain future generations will look back at medicine in our time and similarly wonder what we were thinking.</p>
<p>So which controversial medical treatments are still in practice? Here's a look at a few.</p>
<p><strong>1. Removing Part of the Skull to Relieve Pressure in the Brain</strong></p>
<p>As WebMD notes, a craniectomy for patients suffering from brain swelling can save a person's life, but also leave them permanently disabled. A <a title="This After Severe Head Injury Brings Mixed Results" href="http://www.webmd.com/brain/news/20160908/removing-part-of-skull-after-severe-head-injury-brings-mixed-results#1" target="_blank">recent study</a> found that the procedure "can drastically reduce risk of death, with about 30 percent of patients dying following the procedure compared to 52 percent of those treated with standard medical care," but at the same time, "people treated with a craniectomy were three times more likely to wind up in a vegetative state ... and often were as likely to suffer long-term disabilities as patients receiving standard medical care."</p>
<p><strong>2. Chiropractic Treatments</strong></p>
<p>It's a running theme -- among non-chiropractors of course -- that <a title="Homer the Chiropractor" href="https://www.youtube.com/watch?v=FOK4J1kTEvc" target="_blank">chiropractors aren't medical doctors</a>. And as a recent <a title="Does Chiropractic Work?" href="https://www.painscience.com/articles/does-chiropractic-work.php" target="_blank">Pain Science</a> article noted, "The concepts of chiropractic are not based on solid science and its therapeutic value has not been demonstrated beyond reasonable doubt." Which is not to say chiropractic treatments don't work, just that their scientific basis hasn't been established.</p>
<p><strong>3. Electroshock Therapy</strong></p>
<p>Ernest Hemingway blamed it for his memory loss and diminishing writing ability late in his life. According to <a title="5 Controversial Mental Health Treatments" href="http://www.livescience.com/37117-controversial-mental-health-treatments.html" target="_blank">Live Science</a>, "Today, the therapy is safer, because patients receive anesthesia and electricity doses are much more controlled ... Still, the treatment can impair short-term memory and, in rare cases, cause heart problems."</p>
<p><strong>4. Leech Therapy</strong></p>
<p>If you thought doctors stopped applying leeches to patients in the dark ages, think again. Heathline notes that <a title="What Is Leech Therapy?" href="http://www.healthline.com/health/what-is-leech-therapy" target="_blank">leech therapy is making a comeback</a>, treating "nervous system abnormalities, dental problems, skin diseases, and infections." Even <a title="Demi Moore admits to bizarre beauty secret: 'I let leeches suck my blood'" href="http://www.dailymail.co.uk/tvshowbiz/article-544588/Demi-Moore-admits-bizarre-beauty-secret-I-let-leeches-suck-blood.html" target="_blank">Demi Moore thinks so</a>.</p>
<p><strong>5. Maggot Therapy</strong></p>
<p>Battlefield surgeons first started to notice that injured soldiers would heal more quickly in the field if flies laid eggs in their wounds. Later studies revealed that fly larvae "secrete digestive enzymes that can dissolve the wound's dead and infected tissue, a process known as debridement." Even though the <a title="10 'Barbaric' Medical Treatments That Are Still Used Today" href="http://www.livescience.com/55667-barbaric-medical-treatments-still-used.html" target="_blank">FDA cleared maggots for medical use in 2004</a>, it doesn't sound all that appealing.</p>
<p>If you have been injured by a medical procedure, you may be able to seek compensation through a <a title="Medical Malpractice" href="http://injury.findlaw.com/medical-malpractice.html" target="_blank">medical malpractice claim</a>. Contact a personal injury lawyer today to find out if you have a case.</p>
<p>Related Resources:</p>
<ul>
<li>Have an injury claim? <a title="Consumer Injury - Personal Injury" href="http://citrk.com/?a=5468&c=4918&s1=bl" target="_blank" rel="nofollow">Get matched with a local attorney</a>. (Consumer Injury)</li>
<li><a title="5 Signs You May Need a Medical Malpractice Attorney" href="http://blogs.findlaw.com/injured/2014/09/5-signs-you-may-need-a-medical-malpractice-attorney.html" target="_blank">5 Signs You May Need a Medical Malpractice Attorney</a> (FindLaw's Injured)</li>
<li><a title="Should Doctors Have to Tell Patients If They're on Probation?" href="http://blogs.findlaw.com/injured/2016/06/should-doctors-have-to-tell-patients-if-theyre-on-probation.html" target="_blank">Should Doctors Have to Tell Patients If They're on Probation?</a> (FindLaw's Injured)</li>
<li><a title="Can You Sue a Doctor for Lying?" href="http://blogs.findlaw.com/injured/2016/10/can-you-sue-a-doctor-for-lying.html" target="_blank">Can You Sue a Doctor for Lying?</a> (FindLaw's Injured)</li>
</ul>
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VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com1tag:blogger.com,1999:blog-2740700972785184867.post-53995246662926271972016-10-25T06:10:00.001-07:002016-10-25T06:10:43.488-07:00Chemical Spill in Kansas Hospitalizes Over 100 People<p>Last week, a Kansas-based manufacturer of food and beverage products accidently released a toxic chemical gas, a mixture of sodium hypocholorite and sulfuric acid, which sent over 100 people to the hospital. Fortunately, of the 125 people who sought medical attention, <a title="Two of 125 victims remain hospitalized from Atchison chemical spill" href="http://www.kansascity.com/news/local/article109953832.html" target="_blank">only two required an overnight stay in the hospital</a>.</p>
<p>MGP Ingredients, which was responsible for the spill, explained that the gas spill had dissipated after only a few hours. Additionally, the company has reported the incident to the EPA and plans to fully cooperate with the investigation. The company is also taking additional measures to avoid any future spills by <a title="Chemical Release Occurs at MGP's Kansas Facility" href="http://www.mgpingredients.com/news-and-press/news-releases/Chemical-Release-Occurs-at-MGPs-Kansas-Facility-397951731.html" target="_blank">engaging outside experts to investigate and assess the situation</a>.</p>
<p><strong>How a Gas Spill Leads to Hospitalization</strong></p>
<p>While large gas spills are not everyday news, it is not an uncommon occurrence for people to be hospitalized for exposure to toxic gases. Most commonly it is due to carbon monoxide, which nearly everyone has been warned that <a title="YouTube.com: Carbon Monoxide - The Silent Killer" href="https://www.youtube.com/watch?v=FRn_sONIrRI" target="_blank">it is the silent killer</a>.</p>
<p>Unfortunately, when a large gas spill happens near populated areas, individuals in the surrounding areas can have their health impacted. Usually, it is just for a short duration and only effects people within a certain radius from the spill. When the air that people breath has its chemical concentration changed, people can begin to notice problems, such as:</p>
<ul>
<li>Shortness of breath</li>
<li>Light-headedness or dizziness</li>
<li>Headache</li>
<li>Nausea</li>
</ul>
<p>The symptoms can vary from severe to mild, from person to person, and in type or duration. For instance, a person with asthma, or another respiratory condition, will likely be more severely affected than someone without a respiratory condition.</p>
<p><strong>Can a Company Be Held Liable for a Chemical Gas Spill?</strong></p>
<p>When a toxic gas spill occurs, manufacturers can not only be held liable to the public for violations of anti-pollution laws, but can also be held liable to individuals who were injured, and/or affected, on a negligence theory. Since public gas spills tend to be atmospheric, meaning that a company released gas outside and not inside their buildings or buildings own by others, people generally are not severely affected. Nevertheless, <a title="Lawsuits for SoCal Gas Leak?" href="http://blogs.findlaw.com/injured/2016/02/lawsuits-for-socal-gas-leak.html" target="_blank">companies can still be held liable for injuries or damages that an accidental release of gas can cause</a>.</p>
<p>The numerous people who went to the hospital as a result of the recent Atchison, Kansas gas spill may have potential claims or lawsuits against MGP Ingredients as a result of the spill. While injuries of a very short duration may not be valued very highly, medical bills as well as incidental or special damages can also be assessed, in addition to damages for pain and distress.</p>
<p>Related Resources:</p>
<ul>
<li>Injured in an accident? <a title="Consumer Injury - Personal Injury" href="http://citrk.com/?a=5468&c=5110&s1=bl" rel="nofollow" target="_blank">Get matched with a local attorney</a>. (Consumer Injury)</li>
<li><a title="Health Hazards" href="http://blogs.findlaw.com/injured/health-hazards/" target="_blank">Health Hazards</a> (FindLaw’s Injured)</li>
<li><a title="Samsung Hit With First U.S. Lawsuit for Exploding Note 7 Smartphone" href="http://blogs.findlaw.com/injured/2016/10/first-lawsuit-in-wake-of-exploding-samsung-note-7s.html" target="_blank">Samsung Hit With First U.S. Lawsuit for Exploding Note 7 Smartphone</a> (FindLaw’s Injured)</li>
<li><a title="Student Slips in Vomit, Suffers Brain Damage, Sues School for $1.3M" href="http://blogs.findlaw.com/injured/2016/10/student-slips-in-vomit-suffers-brain-damage-sues-school-for-13m.html" target="_blank">Student Slips in Vomit, Suffers Brain Damage, Sues School for $1.3M</a> (FindLaw’s Injured)</li>
</ul>
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VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-47544910800485056992016-10-24T10:20:00.001-07:002016-10-24T10:20:18.682-07:002016 Halloween Safety Tips<p>Halloween is supposed to be the scariest holiday of the year. But what you may not realize is that for many people, the scares are all too real and they don’t involve haunted houses and horror movies. According to the Fatality Analysis Reporting System, there were twice as many pedestrian [...]</p>
<p>The post <a rel="nofollow" href="http://www.wolfandpravato.com/2016-halloween-safety-tips/">2016 Halloween Safety Tips</a> appeared first on <a rel="nofollow" href="http://www.wolfandpravato.com">Wolf and Pravato</a>.</p>
VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-23557132897648184192016-10-24T06:10:00.001-07:002016-10-24T06:10:54.888-07:00When to Sue a Chiropractor for Injury<p>When a chiropractor’s medical treatment causes a patient injury, that patient may be able to sue. While chiropractors are not medical doctors, they can still be <a title="Proving Fault in Medical Malpractice Cases" href="http://injury.findlaw.com/medical-malpractice/proving-fault-in-medical-malpractice-cases.html" target="_blank">liable for malpractice</a> or professional negligence. State laws differ on what the action might be called, but each cause of action generally considers the same elements to prove a claim against a doctor or a chiropractor.</p>
<p>Injures alleged against chiropractors can be serious. For example, it was discovered that a famous model, Katy May, died at the age of 34 <a title="Coroner's report suggests model Katy May's death was caused by chiropractor" href="http://www.today.com/health/coroner-s-report-suggests-model-katy-may-s-death-was-t104213" target="_blank">allegedly as a result of chiropractic treatment</a>. After suffering from an on-set fall during a photoshoot, she hurt her neck. When the pain did not resolve itself, she sought chiropractic treatment. As a result of the treatment, an artery in her neck was pinched which caused her to have a stroke and die following the treatment.</p>
<p>Although this situation may sound like a textbook case of medical negligence, that may not necessarily be the case.</p>
<p><strong>Establishing Medical Malpractice Against a Chiropractor</strong></p>
<p>Proving a medical malpractice involves showing that your treating doctor did not exercise the usual standard of care that a reasonable doctor, in your doctor’s situation, would have exercised during your treatment, and that it was that <a title="Proving Fault in Medical Malpractice Cases" href="http://injury.findlaw.com/medical-malpractice/proving-fault-in-medical-malpractice-cases.html" target="_blank">failure to exercise that standard of care that caused the injury</a>. What this means is that if your doctor was doing the same thing that any other doctor would have done in their shoes, then regardless of the result, there likely would not be a case.</p>
<p>In Ms. May’s case, if a lawsuit is ever filed, it will need to be shown that the chiropractor failed to exercise the usual standard of care that chiropractors generally exercise. For instance, if it is discovered that May did not receive x-rays before having her neck adjusted, then the doctor could possibly be considered to have not exercised the usual standard of care. May’s representative or family would still need to prove that the injury was caused by the chiropractor’s actions, and not some other cause.</p>
<p><strong>When to Sue a Medical Professional</strong></p>
<p>You generally have <a title="Time Limits in Medical Malpractice Cases" href="http://injury.findlaw.com/medical-malpractice/time-limit-considerations-in-medical-malpractice-claims.html" target="_blank">at least one year to file your case</a>. In some states, medical malpractice or negligence claims have a different statute of limitations than injury claims. Additionally, there is one important requirement that applies to medical malpractice claims in most states, you may be required to provide notice of the claim to the medical professional, and the hospital, before filing a lawsuit. In California, for instance, <a title="California Courts: Statute of Limitations" href="http://www.courts.ca.gov/9618.htm" target="_blank">you must notify the doctor and hospital within 1 year of discovery</a> (but not more than 3 years from the date of injury), and once you notify them, you have to wait 90 days to file a lawsuit.</p>
<p>Deadlines to file lawsuits against medical professionals are strictly enforced, which can be very burdensome especially while dealing with an injury. If you think you have a claim for medical malpractice or negligence against a chiropractor, doctor, dentist, or other health care professional, contact an experienced medical malpractice attorney as soon as possible. Most injury attorneys provide free consultations over the phone and may even be willing to look over your medical records free of cost.</p>
<p>Related Resources:</p>
<ul>
<li>Injured in an accident? <a title="Consumer Injury - Personal Injury" href="http://citrk.com/?a=5468&c=4918&s1=bl" target="_blank" rel="nofollow">Get matched with a local attorney</a>. (Consumer Injury)</li>
<li><a title="Medical Malpractice" href="http://injury.findlaw.com/medical-malpractice.html" target="_blank">Medical Malpractice</a> (FindLaw’s Learn About the Law)</li>
<li><a title="3 Moms Sue Hospital and Doctor for Botched Deliveries" href="http://blogs.findlaw.com/injured/2016/10/3-moms-sue-hospital-and-doctor-for-botched-deliveries.html" target="_blank">3 Moms Sue Hospital and Doctor for Botched Deliveries</a> (FindLaw’s Injured)</li>
<li><a title="Can You Sue a Doctor for Lying?" href="http://blogs.findlaw.com/injured/2016/10/can-you-sue-a-doctor-for-lying.html" target="_blank">Can You Sue a Doctor for Lying?</a> (FindLaw’s Injured)</li>
</ul>
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Originally Seen On: http://blogs.findlaw.com/injured/2016/10/when-to-sue-a-chiropractor-for-injury.html
VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com2tag:blogger.com,1999:blog-2740700972785184867.post-3033564344661040472016-10-21T15:05:00.001-07:002016-10-21T15:05:44.264-07:00Is Apple Liable for Distracted Driving Accidents?<p>According to the National Highway Traffic Safety Administration, <a title="Distracted Driving 2014" href="https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812260" target="_blank">almost 20 percent of all traffic accidents involve distracted drivers</a>, causing 3,179 deaths and an estimated 431,000 injuries in 2014 alone. And while drivers can be distracted by all kinds of things -- food, loud music, unruly passengers -- much of the attention has fallen on drivers <a title="Distracted Driving Laws" href="http://traffic.findlaw.com/traffic-tickets/distracted-driving.html" target="_blank">texting and talking on the phone while driving</a>. The NHTSA estimates 385 fatal crashes in 2014 involved the use of cell phones as distractions.</p>
<p>If all of these statistics make you wonder <a title="Phone Makers Could Cut Off Drivers. So Why Don't They?" href="http://www.nytimes.com/2016/09/25/technology/phone-makers-could-cut-off-drivers-so-why-dont-they.html" target="_blank">if cell phone companies are doing enough to prevent distracted driving incidents</a> involving their products, you may have your answer soon. A new lawsuit against Apple, claiming the tech company is responsible for a fatal crash in Texas, may test the limits of liability for cell phone companies in distracted driving accidents.</p>
<p><strong>Saving Drivers From Themselves</strong></p>
<p>The underlying facts of the case are tragic: Ashley Kubiak was checking her iPhone for messages when her pickup collided with an SUV, killing the driver and passenger, and paralyzing a child. Kubiak was convicted of negligent homicide and sentenced to five years on probation, but families of the victims think Apple is also responsible for the crash.</p>
<p>Their lawsuit claims Apple knew its phones could be a distraction, but doesn't do enough to prevent drivers from using their phones behind the wheel. While the suit cites some scary statistics related to distracted driving, it's most damning piece of evidence is Apple's patent for technology that could prevent users from texting while driving and has yet to include it on its iPhones.</p>
<p>In its patent filing, Apple acknowledges, "Texting while driving has become so widespread that it is doubtful that law enforcement will have any significant effect on stopping the practice," and "Teens understand that texting while driving is dangerous, but this is often not enough motivation to end the practice." While Apple gives users the chance to lock their phones while driving, does it have the responsibility to take the choice, and its phones, out of drivers' hands?</p>
<p><strong>Personal Liability</strong></p>
<p>In its defense, Apple has moved to dismiss the case on the grounds that drivers should bear the responsibility of their actions, not third parties, and this suit could open the floodgates for:</p>
<blockquote>
<p>Lawsuits against: fast food or any number of drive-thru restaurants for accidents caused when a driver gets distracted with eating while driving; hot beverage providers, or any business offering warm drinks to go, for accidents caused when a driver gets distracted with spillage or drinking while driving; cosmetic manufacturers for accidents caused when a driver gets distracted when applying makeup while driving; and similar liability may apply to providers of maps, books, car stereos --virtually any object in a car that is capable of causing distraction.</p>
</blockquote>
<p>And when it comes to driving and accidents, personal responsibility is a common theme. After all, there were <a title="Alcohol-Impaired Driving" href="https://crashstats.nhtsa.dot.gov/Api/Public/Publication/812231" target="_blank">9,967 fatalities in motor vehicle accidents involving alcohol-impaired drivers in 2014</a>, 25 times more than those caused by cell phones. And car manufacturers aren't legally obligated to install ignition interlock devices on all cars. While Apple may not be liable for this particular accident, it may do well to give users more tools and information about silencing their cell phones while driving.</p>
<p>Related Resources:</p>
<ul>
<li>Injured in an accident? Get your <a title="Consumer Injury - Personal Injury" href="http://citrk.com/?a=5468&c=5110&s1=bl" target="_blank" rel="nofollow">claim reviewed by an attorney for free</a>. (Consumer Injury)</li>
<li><a title="The I-Phone Distracted Driving Lawsuit - Apple's Legal and Moral Responsibilities" href="http://www.huffingtonpost.com/joel-feldman/the-i-phone-distracted-dr_b_12248964.html" target="_blank">The I-Phone Distracted Driving Lawsuit - Apple's Legal and Moral Responsibilities</a> (The Huffington Post)</li>
<li><a title="Apple Sued for Distracting Drivers With Unreleased Product" href="http://blogs.findlaw.com/law_and_life/2015/04/apple-sued-for-distracting-drivers-with-unreleased-product.html" target="_blank">Apple Sued for Distracting Drivers With Unreleased Product</a> (FindLaw's Law and Daily Life)</li>
<li><a title="Smartwatches and Distracted Driving Laws" href="http://blogs.findlaw.com/injured/2016/09/smartwatches-and-distracted-driving-laws.html" target="_blank">Smartwatches and Distracted Driving Laws</a> (FindLaw's Injured)</li>
</ul>
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VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-19168440234396679802016-10-21T06:06:00.001-07:002016-10-21T06:06:39.805-07:003 Moms Sue Hospital and Doctor for Botched Deliveries<p>When a pregnant woman goes into the hospital to have their baby delivered, they don’t expect to be suing the hospital over a botched delivery. Unfortunately, for three mothers in the Houston area, that was exactly their fate. They went into East Houston Regional Medical Center to have their babies delivered, and of the three, one child died and the other two were permanently injured during the birthing process.</p>
<p>As well as all going to the same hospital, <a title="Three mothers claim hospital 'made errors' during childbirth" href="http://www.khou.com/news/local/three-mothers-claim-hospital-made-errors-during-childbirth/336217244" target="_blank">the three women had the same doctor</a>. Now, the three women also have the same lawyers, and all three are suing both the doctor and the hospital for the <a title="Birth Injury" href="http://injury.findlaw.com/medical-malpractice/birth-injury.html" target="_blank">birth injuries</a>.</p>
<p><strong>Houston, What Happened?</strong></p>
<p>The doctor in charge of all three deliveries, Dr. June Williams-Coleman, is alleged to have not exercised the <a title="What Is a Doctor's Duty of Care?" href="http://injury.findlaw.com/medical-malpractice/what-is-actionable-medical-malpractice.html" target="_blank">standard duty of care</a> in all three births. Prior to first mom’s delivery in this case, Dr. Coleman had been disciplined by the Texas Board of Medicine for the exact same conduct that the lawsuit is alleging.</p>
<p>Dr. Coleman allegedly failed to suggest a c-section after the infants were discovered to be in distress. Additionally, it is alleged that Dr. Coleman improperly used the vacuum technique, as well as improperly broke an infant’s collar bone (which is rarely required if the shoulders become stuck during birth). There are even more allegations against Dr. Coleman for other failures.</p>
<p>In the delivery that led to the death of the infant, the mother’s sister, who was present, described a gruesome scene. The sister explained that Dr. Coleman was <a title="Houston Doctor Accused Of Botching Dead Infant's Delivery" href="http://www.houstonpress.com/news/houston-doctor-accused-of-botching-dead-infants-delivery-7914866" target="_blank">pulling out bloody parts of the baby’s head after attempting the vacuum method</a> of pulling the infant out. In the other two deliveries, the infants were permanently injured, and will suffer both mentally and physically for life.</p>
<p><strong>Suing for Birth Injuries</strong></p>
<p>Each of the mothers potentially have very strong cases. Generally, in <a title="Medical Malpractice" href="http://injury.findlaw.com/medical-malpractice.html" target="_blank">medical negligence cases</a>, plaintiffs need to prove that the doctor or hospital fell below what the usual standard of care is for a particular procedure. While the standard of care can vary from hospital to hospital, or even regionally, it would seem that since the doctor in this case had been previously disciplined for falling below the standard of care when similar unfortunate events occurred in the delivery room, neither doctor, nor hospital, are in a good spot, legally speaking.</p>
<p>The mother of the deceased infant is seeking emotional distress damages, while the mothers of the infants that survived are seeking damages to cover future medical costs, as well as costs associated with raising a disabled child. The living children themselves will also have causes of action against the doctor and hospital that can be brought at a later date.</p>
<p>Related Resources:</p>
<ul>
<li>Injured by medical malpractice? Get your <a title="Consumer Injury - Personal Injury" href="http://citrk.com/?a=5468&c=5110&s1=bl" target="_blank" rel="nofollow">claim reviewed by an attorney for free</a>. (Consumer Injury)</li>
<li><a title="Samsung Hit With First U.S. Lawsuit for Exploding Note 7 Smartphone" href="http://blogs.findlaw.com/injured/2016/10/first-lawsuit-in-wake-of-exploding-samsung-note-7s.html" target="_blank">Samsung Hit With First U.S. Lawsuit for Exploding Note 7 Smartphone</a> (FindLaw’s Injured)</li>
<li><a title="Antipsychotic Drug Side Effects: The Latest News on Risperdal Lawsuits" href="http://blogs.findlaw.com/injured/2016/10/antipsychotic-drug-side-effects-the-latest-news-on-risperdal-lawsuits.html" target="_blank">Antipsychotic Drug Side Effects: The Latest News on Risperdal Lawsuits</a> (FindLaw’s Injured)</li>
<li><a title="Can You Sue a Doctor for Lying?" href="http://blogs.findlaw.com/injured/2016/10/can-you-sue-a-doctor-for-lying.html" target="_blank">Can You Sue a Doctor for Lying?</a> (FindLaw’s Injured)</li>
<li><a title="7 Common Ways That Plastic Surgery Can Go Wrong" href="http://blogs.findlaw.com/injured/2016/10/7-common-ways-that-plastic-surgery-can-go-wrong.html" target="_blank">7 Common Ways That Plastic Surgery Can Go Wrong</a> (FindLaw’s Injured)</li>
</ul>
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VINCEhttp://www.blogger.com/profile/07100516323009152994noreply@blogger.com0tag:blogger.com,1999:blog-2740700972785184867.post-51248696627403230042016-10-20T15:20:00.001-07:002016-10-20T15:20:30.883-07:00When to Sue for a Broken Nose<p>It can be one of the most painful injuries imaginable. And of course it's right in the middle of your face. A broken nose can be an expensive injury as well, between immediate medical care, missed time at work, and any reconstructive surgery that might be necessary.</p>
<p>Generally speaking, a broken nose can either be the result of an accident, or an intentional act. And in either case you may be able to sue for your injuries. Here's a look at how.</p>
<p><strong>Broken by Battery</strong></p>
<p>Yes, <a title="Can You Sue Someone for Beating You Up?" href="http://blogs.findlaw.com/injured/2014/05/can-you-sue-someone-for-beating-you-up.html" target="_blank">you can sue someone for beating you up</a>. So if you're broken nose was the result of a fight, or even a person being reckless, <a title="Simple Guide to Suing for Battery" href="http://blogs.findlaw.com/injured/2016/03/simple-guide-to-suing-for-battery.html" target="_blank">you may be able to sue for battery</a>. Though some state laws can vary, battery is generally defined as the intentional touching of another person in a harmful or offensive manner, without consent, and battery claims have four elements:</p>
<ol>
<li><em>Intent</em>: You must prove that the person intended to commit an act of unwanted contact, either towards you or another party;</li>
<li><em>Contact</em>: You must prove actual contact must be made, with your actual body or your "extended personality" like a necklace, piece of clothing, or purse;</li>
<li><em>Harm</em>: You must prove that the manner of the contact was harmful or offensive; and</li>
<li><em>Damages</em>: You must prove the physical injury, damage to your property, or emotional harm caused by the battery is compensable by a money award.</li>
</ol>
<p>Proving these elements may be easier in some cases, like being in a fight, than in others, like being pushed down in a crowd.</p>
<p><strong>Broken by Accident</strong></p>
<p>Even if your broken nose was an accident, you may still be able to sue. Personal injury lawsuits are generally negligence claims, which are also <a title="Elements of a Negligence Case" href="http://images.findlaw.com/optimost/accident-injury-law/elements-of-a-negligence-case-2.html" target="_blank">premised on four main elements</a>:</p>
<ul>
<li><a title="Duty" href="http://dictionary.findlaw.com/definition/duty.html" target="_blank"><em>Duty</em></a>: You must prove that the defendant owed you a duty of care, like to drive carefully, shovel their sidewalk, or clean their store's floor;</li>
<li><a title="Breach" href="http://dictionary.findlaw.com/definition/breach.html" target="_blank"><em>Breach</em></a>: You must prove that the defendant failed to meet the duty, generally by failing to exercise reasonable care;</li>
<li><a title="Cause" href="http://dictionary.findlaw.com/definition/cause.html" target="_blank"><em>Causation</em></a>: You must prove that the defendant's breach (and not something else) caused your broken nose, and that the defendant could or should have foreseen that some injury would occur; and</li>
<li><a title="Damages" href="http://dictionary.findlaw.com/definition/damages.html" target="_blank"><em>Damages</em></a>: The same as above, you must prove that money can compensate you for medical expenses, lost wages, or other harm.</li>
</ul>
<p>Again, proving each element of a negligence case can be more complicated than it seems. To find out if you can sue for your broken nose, you may want to consult an experienced personal injury attorney.</p>
<p>Related Resources:</p>
<ul>
<li>Have an injury claim? <a title="Consumer Injury - Personal Injury" href="http://citrk.com/?a=5468&c=4918&s1=bl" target="_blank" rel="nofollow">Get matched with a local attorney</a>. (Consumer Injury)</li>
<li><a title="Woman Sues Apple for $1M Over Broken Nose" href="http://blogs.findlaw.com/injured/2012/04/woman-sues-apple-for-1m-over-broken-nose.html" target="_blank">Woman Sues Apple for $1M Over Broken Nose</a> (FindLaw's Injured)</li>
<li><a title="Denver Settles Police Brutality Suit for $795K" href="http://blogs.findlaw.com/injured/2011/05/denver-settles-police-brutality-suit-for-795k.html" target="_blank">Denver Settles Police Brutality Suit for $795K</a> (FindLaw's Injured)</li>
<li><a title="Should You Sign a School Sports Waiver?" href="http://blogs.findlaw.com/injured/2012/04/should-you-sign-a-school-sports-waiver.html" target="_blank">Should You Sign a School Sports Waiver?</a> (FindLaw's Injured)</li>
</ul>
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