Off Roading Accident Liability

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 the injuries can be rather severe.

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 liable for negligence.

Passenger Injury and Assumption of Risk

In some situations, a passenger may be presumed to have assumed the risk of injury 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.

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.

Insurance Coverage

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 not using off road vehicles on roads due to multiple safety concerns.

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.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• ‘Mudding’ Injuries: Who’s Stuck Paying the Bill? (FindLaw’s Injured)
• Driver Liability for Cell Phone Related Car Accident (FindLaw’s Injured)
• Timeline for Your Workers’ Compensation Claim (FindLaw’s Injured)

Originally Seen On: http://blogs.findlaw.com/injured/2016/11/off-roading-accident-liability.html

Can You Get Disability for Being Single?

The Telegraph is reporting that the World Health Organization will be updating its definition of "infertile" 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.

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 in vitro fertilization 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.

The Need for Change

One of the authors of the new standards, the WHO's Dr. David Adamson, explained expanding the scope of infertility:

"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."

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."

The Impact of Change

The American Disabilities Act 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.

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.

Related Resources:

• Was your disability insurance claim denied? Have your claim reviewed for free. (Consumer Injury)
• Why Were My Social Security Disability Benefits Denied? Top 3 Reasons (FindLaw's Injured)
• Can I Get Disability for Seasonal Affective Disorder (SAD)? (FindLaw's Injured)
• FAQ for Disability Insurance Denial (FindLaw's Injured)

Originally Seen On: http://blogs.findlaw.com/injured/2016/11/can-you-get-disability-for-being-single.html

When Can a Lien Be Put on Your Personal Injury Settlement?

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 "lien" 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.

So here's want you need to know about liens in personal injury cases:

Pre-Settlement

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 private insurers or medical providers.

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 value of your personal injury claim, 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.

Post-Settlement

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.

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.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• 5 Things a Personal Injury Lawyer Can Do (That You Probably Can't) (FindLaw's Injured)
• Can Workers' Comp or Injury Settlements Be Garnished? (FindLaw's Injured)
• How to Enforce a Settlement (FindLaw's Injured)

Originally Seen On: http://blogs.findlaw.com/injured/2016/11/when-can-a-lien-be-put-on-your-personal-injury-settlement.html

NY Brain Surgeon Faces Three Malpractice Lawsuits

One of the leading brain surgeons that co-founded the North Shore University Hospital’s Chiari Institute is facing three malpractice lawsuits 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.

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 the only treatment is surgery.

History of Getting Sued

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 medical malpractice lawsuits.

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 disappearing mid surgery and openly using expletives when frustrated.

A Surgeon’s Malpractice Liability

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.

Once the mistake or problem is discovered, it must be determined, generally by more medical or surgical experts, whether the surgeon in your case fell below the standard of care. 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.

Related Resources:

• Injured my medical malpractice? Get matched with a local attorney. (Consumer Injury)
• When to Sue a Chiropractor for Injury (FindLaw’s Injured)
• 5 Controversial Medical Treatments Still Used Today (FindLaw’s Injured)
• When to Sue a Pediatrician for Malpractice (FindLaw’s Injured)

Originally Seen On: http://blogs.findlaw.com/injured/2016/11/ny-brain-surgeon-faces-three-malpractice-lawsuits.html

Things You Need To Know About Workplace Negligence

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 [...]

The post Things You Need To Know About Workplace Negligence appeared first on Wolf and Pravato.

Timeline for Your Workers' Compensation Claim

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.

If you got injured on the job, you probably know you can file a workers' compensation insurance claim. 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.

Your Steps

The timeline for your workers' compensation claim 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.

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 required to offer you a claim form 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.

Employer and Insurer Steps

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.

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.

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.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• How Long Do I Have to Be Employed to Get Workers' Comp? (FindLaw's Injured)
• How Long Will Workers' Compensation Benefits Last? (FindLaw's Injured)
• When Is It Too Late to Sue for Injury? (FindLaw's Injured)

Originally Seen On: http://blogs.findlaw.com/injured/2016/10/timeline-for-your-workers-compensation-claim.html

How Does SSDI Impact an Injury Lawsuit?

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.

While SSDI will want to know if you have received wages, the general rule is that an injury settlement or court award for an injury case are not wages, 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.

Can SSDI Affect Your Settlement?

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.

If you are on SSDI, there will be no wage loss to recover because SSDI covers your wages, and therefore, any settlement may feel a little bit lower than you might have expected.

Don’t Confuse SSI With SSDI

It is important to not confuse SSI with SSDI. Supplmental Security Income (SSI) is a need-based federal program 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.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• If You Can’t Get Workers’ Comp, Can You Get SSDI? (FindLaw’s Injured)
• 5 Things a Personal Injury Lawyer Can Do (That You Probably Can’t) (FindLaw’s Injured)
• Personal Injury Lawyer Dropped Your Case? Now What? (FindLaw’s Injured)
• When to Sue a Pediatrician for Malpractice (FindLaw’s Injured)

Originally Seen On: http://blogs.findlaw.com/injured/2016/10/how-does-ssdi-impact-an-injury-lawsuit.html