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How much can you receive for a personal injury lawsuit?

Posted by on Aug 9, 2017 in Personal Injury | 0 comments

When it comes to an accident in which someone receives an injury, the damages they can recover can vary wildly from person to person. A lot of the factors that need to be thought of include how much money you had to pay a hospital or doctor for treating your injury, how much damage was done to your property and what it’ll cost to fix, how much money was lost from time taken off work and future time lost from work (mostly in the case that you were left disabled by the injury and are no longer able to work), and future expenses like therapy.

According to the lawyers at Habush.com, there are also “non-economic” expenses that can be recovered as well. What this means is that you can recover money from someone if they caused you pain or suffering. This can carry over if you are the family member or the spouse of someone who was injured or killed because of the mistakes someone else made. Some of these include:

  • The loss of consortium. This can be considered a damage if your spouse has become withdrawn because of an accident or suffered memory loss or even has become paralyzed and the couple cannot enjoy the same activities together that they used to.
  • The loss of companionship (this is technically a part of the loss of consortium, but it is worth noting separately) If your spouse died, then this is a recoverable damage. It implies that your marriage offered you significant benefits that have been taken away from you.
  • The loss of relationship with a child. If a child was injured or killed, then this may be a separate damage to collect.

When it comes to the damages that one is collecting from the party responsible for their accident, they come in two forms: Punitive and Compensatory. While both offer compensation to the injured party as a part of their ability to get back on their feet after an accident, the former tends to be partially, if not more about punishing the party responsible. This type of damage is often used in cases where the party is a large corporation: in cases where a product was poorly designed and/or manufactured or in the case of a mass tort (a case where multiple people work with one lawyer to sue a single party for the same thing). Compensatory cases are completely about the victim and how much money they need to recover to not fall into financial problems.

Finally, there is another factor that goes into how much you can receive for compensation and that is who was at fault for how much of the accident. Depending on how much fault someone has for an accident can determine how much they must pay out or receive. A person with 51% of fault cannot seek compensation, even if they were more badly hurt or had more damage. A person with 40% fault can only receive 60% of the damages, and so on.

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Why File A Personal Injury Case?

Posted by on Jul 21, 2017 in Personal Injury | 0 comments

If you or a loved one has suffered a life-changing injury as a result of someone’s negligence, you may be entitled to financial compensation. However, obtaining compensation may involve confronting insurance companies, which are notoriously reluctant to pay for claims. To heighten your chances of presenting a successful case, it would be wise to consult with a personal injury lawyer that has experience with situations such as your own.

Financial compensation

As the lawyers at Amerio Law in California explain, 95% of all personal injury cases end in “settlement”, an agreement between both parties to negotiate a fair compensation price and halt judicial proceedings. Personal injury lawyers can help you negotiate settlements and obtain compensation for the following damages:

  • Medical bills
  • Missed time at work
  • Your injuries
  • Loss of future earnings
  • Pain and suffering
  • Hardship
  • Punitive damages

Practice areas

Of course, the amount of compensation that you obtain depends on both the degree and nature of your injury. Common practice areas for personal injury lawyers include:

  • Bankruptcy
  • Brain injuries
  • Car accidents
  • Construction accidents
  • Dog bites
  • Nursing home abuse
  • Product liability
  • Wrongful death

In addition, many personal injury lawyers cover mass torts—cases in which your claim in one of many similar ones against a common opponent. The Amerio Law Firm, for example, specializes in “dangerous pharmaceuticals” torts– lawsuits in which drug companies have caused harm by prematurely distributing drugs that are unsafe for consumption. Experienced lawyers can help you best position your case for success by compiling legal evidence to support your claim. Given the big money that companies are willing to spend on legal expenses, it’s important to find a lawyer that approaches big claims in an intellectual manner.

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Reasons Long-Term Disability Benefits Can Be Denied

Posted by on Jun 9, 2017 in Long-Term Disability | 0 comments

Long term disability due either to illness or injury can have a devastating effect on the financial life of a struggling family. Quite too often the disability benefit applied for by many individuals get turned down by their insurance provider. The usual reason for such denial is strictly technical, though, and not because of ineligibility. Technical reason may be improper filing of an application, missing a signature or skipping a box when filling out a claims form – these errors often happen because disability insurance policies are long and complex documents that many applicants find confusing.

However, there are also reported instances when applicants are judged not qualified or, if approved, are awarded small payments. If long term benefits are meant to compensate for salary losses, then even being awarded a small amount would never suffice for medical treatment, much more to support a family’s daily needs.

Many insurance providers resort to finding faults in applications aggressively and then deny claims or award small benefits to ensure increase in their profit. Besides using the guise of technical or paperwork issues, these providers also resort to other tactics to make denials appear legitimate, tactics like, misclassification of injuries, undue termination of a policy or delay in the approval and/or release of cash benefits.

Legal experts call denials of benefit as “insurance bad faith,” which is a breach of the contract that providers, themselves, made and signed with the policy holder. If an insurance company, though, denies any long term disability benefits claim, then the applicant must be allowed to a full and fair examination of the denied claim, as well as to appeal the decision.

An appeal is a formal petition that asks for a re-assessment of an unfavorable decision (like a denial, termination or reduction of benefits) made by an insurer.

According to a long-term disability claim lawyer, the usual reasons why long-term disability benefits can be denied include:

  • Inadequate Medical Support: Medical records can help prove how severe your injury or disability is, as well as the impact on your ability to work. If your claim is missing important information, the insurance company may deny your claim due to a lack of evidence.
  • Definition of Disability: Each long-term insurance policy may have a unique disability definition. Some policies have guidelines which are much stricter than others, and certain medical conditions may even be excluded. It’s important to understand what your policy allows, and what criteria must be met in order to qualify.
  • Social Media Investigation: Insurance companies can also deny your claim if they find examples of behavior where you appear to be able to perform activities despite your illness or injury. A common source used by the insurance companies includes searching your social media accounts to show that your condition is not as limiting as you claim.

If you have been denied your long-term disability benefits, you owe it to yourself and your family to get the legal advice you need to ensure your appeal is accepted. A long-term disability lawyer knows what it takes and he/she may be able to help you understand your legal options.

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Power Morcellator Lawsuits

Posted by on Mar 11, 2017 in Medical | 0 comments

The Unintended, though Deadly Consequences of Power Morcellators, the Basis of Power Morcellator Lawsuits

According to the National Institutes of Health, hysterectomy is one surgical procedure that many women in the United States will undergo in their lifetime. Presently, there are 600,000 hysterectomies performed in the U.S. every year, making it the second most common surgery after Caesarean section.

Hysterectomy is a surgical procedure wherein a woman’s uterus or womb is removed. This is done for various reasons, such as to eliminate/remove or treat chronic pelvic pain, uterine fibroids or myomas (benign tumors growing in the uterus), tissues that cause cancer (like cervical cancer, ovarian cancer or cancer of the uterus), vaginal bleeding, uterine infections, adenomyosis, uterine prolapse and endometriosis.

There are different ways of performing hysterectomy. There is:

  • Abdominal Hysterectomy – which is an open surgery that requires a 5-7 inches vertical or horizontal incision in the abdomen);
  • Laparoscopic Hysterectomy – also known as minimally invasive surgery wherein four minimal (0.5-1cm) incisions are made. These incisions are passage ways for the laparoscope (a small camera that will allow a doctor to see inside the body and guide him/her in cutting the uterus into small pieces), the power morcellator (a surgical device used to cut the uterus or fibroids into small pieces), and other surgical tools;
  • Vaginal Hysterectomy – wherein the uterus or fibroids are cut and removed from within the vagina instead of through the abdomen); and,
  • Laparoscopically Assisted Vaginal Hysterectomy or LAVH – a procedure that makes use of a laparoscope to guide the cutting and removal of the uterus through the vagina.

The introduction of the power morcellator in the 1990s gave doctors a device that could enable them to perform hysterectomies or myomectomy (removal of uterine fibroid), easier, faster, with lesser chances of complications, with less pain and blood loss, and through very tiny cuts that heal much faster, compared to the 5 – 7-inch abdominal incisions required in traditional (or open surgery) hysterectomies.

According to a power morcellator lawsuit attorney, “morcellators are particularly well-suited to remove certain noncancerous growths during a laparoscopic surgical procedure, as these devices can help break down non-cancerous tumors and tissues into smaller pieces. However, if a patient does have cancerous tumors or growths, it can spread this cancerous tissue. As such, the unintended consequences associated with the use of morcellators can be devastating and may include:

  • Cancer growth, particularly Metastatic leiomyosarcoma, Uterine cancer, Uterine sarcoma, and Endometrial stromal sarcoma;
  • The abnormal growth of tissue; and,
  • Direct harm to healthy tissue” (http://www.williamskherkher.com/practice-areas/defective-pharmaceuticals/morcellators/)

Since 1995 the FDA has approved the use of power morcellator from different manufacturing firms, including those from Ethicon, Johnson & Johnson’s power morcellator manufacturing division. Cases of women diagnosed with leiomyosarcoma, a type of deadly cancer resulting from the spread of uterine sarcoma, have already been reported and lawsuits have also been filed against manufacturers of the device used on them.

Filing a morcellator lawsuit would definitely be the right of women injured by power morcellators as these legal actions can enable them to receive compensation (from the manufacturers or other parties responsible) that will cover medical treatment, pain and suffering and other damages that the court will recognize.

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Equipment Malfunction

Posted by on Mar 10, 2017 in Personal Injury | 0 comments

Operators Lacking in Experience is never an Excuse in the event of Equipment Malfunction

Construction is progress, and progress requires fast action; but, as construction firms face the challenge of erecting taller and more complex edifices, many workers are forced to render longer work periods, resulting in fatigue which, in turn, often compromises safety in the workplace.

Heavy machinery is a must in construction areas as this help the construction industry accomplish more at a much faster rate. Heavy machinery may include cranes, road rollers, crawlers, excavators, caterpillar, loaders, forklifts, concrete mixer, and bulldozers. Due to their huge sizes, however, any of these can cause a disabling or fatal injury if operated wrongly or by an untrained and careless worker.

Recognizing the risks of accidents and injuries that employees, but most especially construction workers, are exposed to everyday the US Congress established in 1970 the Occupational Safety and Health Act (or OSH Act) which, in turn, gave rise to the Occupational Safety and Health Administration (OSHA).

OSHA’s task is to ensure the safety of all working men and women through the creation and maintenance of a safe and healthy working environment; it is charged to set and enforce standards that will keep the workplace, as much as possible, free from accident-causing injuries.

It is clear, however, that having an accident-free working environment is quite impossible for, despite OSHA’s work, state laws and employers’ efforts, the US Department of Labor still received reports of as many as 4,585 fatal work-related accidents for the year 2013.

Records from the Department of Labor also shows that being struck by an object and getting caught in or between objects are among the top causes of deaths in construction sites (falls is number one) and that more than half of all construction site accidents involve employees who are in their first year of employment.

The law firm Clawson & Staubes, LLC: Injury Group points out that “Construction workers frequently have to operate motor vehicles and heavy machinery while working on construction sites. Additionally, heavy machinery often involves coordination by multiple contractors and subcontractors involved in the use, rental, maintenance, and operation of on-site equipment. Understanding the duties and responsibilities of each contractor or subcontractor requires expertise.”

This is why operators of heavy machinery lacking in experience cannot be an acceptable reason for an accident, especially since OSHA also mandates that all employees should receive training about their job. Though workers, who get hurt in an accident or develop an occupational illness, may claim financial benefits through their employer-sponsored Workers’ Compensation Insurance benefit, this is never an excuse for any employer or anyone in the construction workplace to be negligent of his/her responsibility in helping keep the work area safe for everyone.

Consulting with a highly-skilled construction accident lawyer or personal injury lawyer may help injured victims understand their legal rights and the best legal action they may be able to pursue.

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