Tips for Finding a Top Product Liability Attorney

Personal Injury Lawyer

Sustaining an injury as the result of a defective product can leave you feeling completely lost. It can be difficult to determine where to turn or who to take action against. It’s likely that the product that caused you problems or injury was backed by a large company. To go up against a huge conglomerate can be stressful which is why it’s so important that plaintiffs access the services of an attorney with experience in this area of the law. Here are some tips for finding the right product liability attorney for you:

Tip #1

Carefully conduct your research before settling on an attorney. The last thing you want to end up with is an attorney who is not skilled in product liability law or who does not have the experience you require for the magnitude of your case.

Tip #2

Look for an attorney who has experience with product liability cases. Ask for referrals from clients, ask to see their track record. Any reputable attorney should be able to provide you with this information.

Tip #3

Carefully research prospective attorneys. You want to find the right one from the start. Changing cases in the middle of your legal entanglement can have a serious impact on your case. Conduct internet searches of attorneys you are interested in. Review their websites and search for online reviews.

Tip #4

Ask people you know for recommendations. Someone you know may have had experience in working with an attorney, because of this, they may have had a positive experience. Even if the attorney they worked with doesn’t practice product liability law, they may be able to refer you to an attorney who does.

Tip #5

Do you know people who work in the legal field? Often people who frequently interface with attorneys or legal cases may have vast knowledge of the reputations and skills of attorneys in your area. Ask them for advice on prospective attorneys, they may be able to help point you in the right direction.

Tip #6

Prepare yourself for your legal consultation. The consultation with prospective attorneys allows for them to assess your case and determine if they are willing to take you on as a client. However, it’s important to remember that it is also the time for you to determine if they have the skills and experience you are looking for. Prepare a list of questions to ask the attorney. It will also be important that you come prepared with key details to your case that allows them to weigh in regarding whether you have a strong enough case to take to court.

Tip #7

Always take advantage of the consultation offered by attorneys. This gives you the opportunity to not only ask questions but to determine if they feel like the right fit for you.

During a time that seems uncertain, the right Charlottesville, VA product defect lawyer can help you to understand each step to the process. Product liability cases can quickly become complicated, especially in the event that you are suing multiple parties for the role they played in the damages you face. Have an attorney by your side who is passionate, loyal and empathetic to your needs.

 


 

Thank you to our friends and contributors at MartinWren, P.C. for their insight into product liability and tips for finding an attorney.

Who is at fault for slip and falls on public property?

Slip and Fall Lawyer

According to the National Floor Safety Institute, accidents resulting from falls are responsible for more than eight million visits to the emergency room every year. That’s roughly 21.3% of all visits to the emergency room, with slip and fall specific personal injuries accounting for 12% of those accidents. Victims of slip and falls are often inclined to downplay their injuries due to embarrassment, however, these are serious accidents that can result in significant injuries and financial compensation to cover resulting medical bills should be sought. Let’s take a look at who is at fault for slip and falls on public property.

Public Sidewalks

Negligence is a big contributing factor to slip and fall accidents. Falling as a result of broken or poorly-laid cement is often the result of negligence on the part of either the property owner or the individual who laid the sidewalks. Victims of this kind of slip and fall accidents should move quickly to assess their case and file a claim if they hope to receive compensation.

Government-Owned Property

Some property that is widely considered “public use” is actually land owned by the government at a local, state, or federal level. Falling on this kind of property has different implications than falling on a public sidewalk. Regardless of who owns the property, the same general rules that govern slip and fall personal injury cases should apply. Government-owned land that is open for use by the public must be carefully maintained in order to present visitors with a reasonably safe environment. With that said, the rules for suing the government are different from the rules that govern other public slip and fall cases.

Notice and Time Deadlines for Government-Owned Property

As mentioned above, there are different rules to keep in mind when an individual is injured on government-owned property. The amount of time victims have to file a notice and legal claim, for example, is often much shorter than it would be if the defendant was another entity or a private citizen. More specifically, victims are often required to file an official notice of injury. This usually needs to be done within 30 days from the date of the accident. It is only after this notice has been received by the government entity in question and is either formally denied or no action is taken, that a victim can file a lawsuit.

Personal injury cases on public property is a bit more complicated than personal injury cases that occur on privately-owned property. It’s important to have an experienced personal injury lawyer Brookhaven, GA offers on your side to ensure you have the best chance possible at recovering compensation.

 


 

Thank you to our friends and contributors at Butler | Tobin for their insight into personal injury cases and slip and fall accidents.

Can I Sue a Driver Who Hit Me While Riding My Bike?

Personal Injury Lawyer

Traveling via bicycle is an increasingly popular way that many people get where they need to be, that is both eco friendly and good for your health. Some riders may use bikes as means of primary transportation, traveling dozens of miles every single day. During these rides, a bicyclist must be alert to surroundings at all times. Even the most seasoned bicyclist who wears gear and practices safety strategies, may be part of a tragic accident if a driver was being reckless. Bicyclists who have been hit by a car may consider hiring a lawyer and filing a lawsuit against the car driver.

What are some actions I can take to prevent being hit by a car?

Watching a car rapidly approach in your direction while riding a bike, may be one of the scariest things any person can experience. The human body is fragile in comparison to the sturdy material that car exteriors are made out of. Here are some safety tactics you can utilize while riding your bike:

  • Wearing protective yet flexible gear, especially gloves with grip and a safety-approved helmet
  • Riding in the same direction that traffic is flowing
  • Not wearing headphones for music, talking on the phone or anything else that could be a distraction while riding
  • Attach a flickering light especially while riding at night, to become more visible to drivers sharing the road
  • Avoiding riding during severe weather inclements (snow, rain, ice, winds)

What injuries are common for bicycle accidents?

The injuries commonly associated with bicycle accidents can be serious and require emergency medical care. It may be in the best interest of the bicyclist to call for medical attention or go to the nearest hospital, even if he or she feels okay after impact. In the hours or days following the accident, signs of serious injuries may finally become noticeable. By getting a medical exam soon after, it can help prevent any underlying conditions from worsening.

Should I be wary if I get calls from insurance adjusters?

After you have filed a claim for the bicycle accident, you may receive calls from insurance adjusters asking for a statement about what happened. These representatives may appear very friendly and concerned for you, when in actuality are looking for you to say something so they can minimized or deny your claim entirely. If you hire a lawyer, he or she can help protect you from such misleading phone calls.

How do I know whether I need a lawyer to help me out?

A lawyer can be of help for a bicyclist who has lost money because of the accident, including costs for medical care, loss of wage from missing work and bicycle repairs. If your injuries surpassed what a first aid kit can fix and want repayment for what you paid for out-of-pocket, then seeking legal counsel may be a good idea. A bicycle accident lawyer St. Paul, MN trusts can consult with you further about the accident, to help you decide whether filing a civil lawsuit against the driver is what you want to do.

 


 

Thank you to our friends and contributors at Johnston | Martineau, PLLP for their insight into personal injury claims and bicycle accident injuries.

Personal Injury Claim After a Sexual Assault

Personal Injury Lawyer

Unfortunately, many people are the victims of sexual assault every day and one of the most important things to remember is that a sexual assault does not occur because of the victim. Those who are victims of sexual assault can feel hopeless or embarrassed. They might be unsure of what to do after someone has assaulted them. Should they tell someone? Will family or police officers believe them? Is there proof? After being sexually assaulted, a person has the right to file a claim against their attacker to receive damages. So, what is sexual assault? It can come in many forms, but a common definition of sexual assault is any type of unwanted sexual contact or behavior against someone who did not clearly consent to what is going on. This can take the form of:

  • One person forcing another person to perform some type of sexual act against the
    perpetrator or against another object.
  • Unwanted sexual touching or fondling of the victim.
  • Attempted rape, and
  • Rape of the victim.

How Can the Victim Report the Sexual Assault?

After the assault, there are several ways a victim can report it. These are:

  1. Calling 9-1-1. If the assault just occurred and you believe you are still in any immediate danger, call 9-1-1 to get help your way immediately.
  2. Calling Your Local Police Department. You can also call the direct line to your local police station or even visit the police station in person after the assault has occurred.
  3. Going To a Doctor’s Office. One of the most important things you can do after being sexually assaulted is going to a hospital or doctor’s office. The doctor can document your injuries, give you a rape test, and start you on your way to healing. This is also an important step to take if you plan on filing a claim after the assault.

How Long Do I Have To Report the Crime Or File My Claim?

After the assault, you should move quickly to report what happened to the police and file a sexual assault claim. There is a statute of limitations on filing these claims and it is imperative that you found out your state laws on this statute.

What Kind Of Compensation Can a Victim Receive?

When the victim is making a claim, they are entitled to certain kinds of compensation, including compensatory damages and even punitive damages. They could be seeking this for their:

  • Medical Bills
  • Lost Wages
  • Psychological scarring
  • Physical Injuries
  • Lost Earning Capacity
  • Pain and Suffering

In some cases, the spouse or domestic partner of the victim may even be able to sue the offender for a loss of consortium after the assault.

What Are the Next Steps?

Being a victim of sexual assault can be overwhelming and make you feel lonely. It is imperative that in addition to filing a lawsuit against the assaulter you also seek help for yourself both physical, mentally, and emotionally. A sexual assault lawyer Washington, DC offers can help you on your path to healing by filing a claim.

 


 

Thank you to our friends and contributors at Cohen & Cohen, P.C. for their insight into personal injury claims and sexual assault.

Legal Help When an Employer Retaliates After Workers’ Compensation

Workers Compensation Attorney

While filing for and receiving workers’ compensation benefits can sometimes be incredibly difficult, this is not always the hardest part of your workers’ compensation claim. In some cases, you might get your workers’ compensation benefits and return to work only to have your employer retaliate against you in some way. While it is mandatory for almost all businesses to have workers’ compensation benefits for their injured employees, not all employers are happy to help.

What Types of Workplace Retaliation Are There?

When you get back to work after claiming your workers’ compensation benefits, you might get back to an unhappy boss who is resentful toward you. He or she might believe that you used these benefits to get a paycheck and take time off. When this is the case, an employer will likely avoid outright acts of retaliation such as firing. However, retaliation can come in the form of something much more discreet. For example:

  • Refusing to accommodate the employee with their medical limitations
  • Demoting the employee
  • Changing the employee’s shifts to a time that is intentionally harder
  • Evaluating the employee with stricter and more unreasonable standards than other employees
  • Specifically targeting the employee regarding disciplinary citations or penalties

Not only are these more discreet examples of workers’ compensation retaliation, but they can encourage the employee to quit instead of having management outright fire them.

How Can We Prove an Employer’s Retaliation?

In some cases, it can be very challenging to prove that an employer has retaliated against an employee after receiving workers’ compensation benefits. However, there are a few ways we can prove this. Some of the ways an employee can prove unfair treatment or retaliation is:

  • The employee had legal rights to receive their workers’ compensation benefits.
  • They were legally allowed to receive the benefits because the employee followed the appropriate steps and the claim was filed in time.
  • The employer retaliated against the employee in some way, like being fired or being unjustly demoted.
  • This retaliation was directly linked to the claim for workers’ compensation benefits.

Get the Right Legal Help For Your Case

If circumstances caused you to be injured on the job and you legally received your workers’ compensation benefits, the law entitles you to use those benefits and heal from your injury. However, if you believe your employer is using your workers’ compensation against you and is retaliating, we are here to help. We believe injured employees have the right to use their employer’s workers’ compensation benefits without fear of retaliation. If you believe you have been the victim of retaliation, look no further for help. Contact experienced workers comp lawyers Milwaukee, WI relies on to get started on your claim.

 


 

Thank you to our friends and contributors at Hickey & Turim, SC for their insight into workers compensation claims.

Anesthesia Errors and Medical Malpractice

Medical Malpractice Attorneys

When we are about to have surgery performed we make a lot of assumptions. We assume the surgeons are competent and know what they are doing. We assume the hospital uses all the best instruments and technology needed to perform the surgery. We assume the anesthesiologist knows the proper type and amount of anesthesia to administer so that we do not wake up during surgery and don’t have lingering side effects long after surgery.

But what if one of these assumptions proves wrong? What if complications arise because of the anesthesia? Is it considered medical malpractice? Who is liable — the hospital or the anesthesiologist? Talking about your case with a medical malpractice lawyer can help discover the answers to your questions.

How do you prove negligence and determine who is liable?

Proving medical negligence can be difficult. According to the courts, the definition of negligence is the failure of the health care provider to provide the appropriate amount of skill and care that another provider with the same specialty provides.

Your attorney will employ the services of an expert medical witness who will take into account the risk factors that were present before your surgery and look at any notes the anesthesiologist may have taken to attempt to determine why the incident occurred during your surgery. Another factor that has to be considered when determining if there was any negligence is called the complication rate of the particular kind of anesthesia administered during your surgery.

Is the anesthesiologist or the hospital liable?

  • The hospital is liable if the anesthesiologist is an employee. This is known as vicarious liability
  • If the anesthesia equipment failed during the surgery, the hospital may be negligent for not properly maintaining the equipment and the anesthesiologist would not be liable.
  • If the anesthesiologist is an independent contractor but works primarily at one hospital, the courts could decide that the anesthesiologist was more of an employee than a contractor and therefore the hospital could be held liable.
  • If it is determined that the anesthesiologist does work as an independent contractor and there was no equipment defect or failure than the doctor could be liable.

Here is a list of some of the possible injuries and complications that may arise when there is a problem with the anesthesia.

  • Vomiting and nausea
  • Damage to a tooth as a result of the insertion of a breathing tube during surgery
  • Larynx damage
  • Pneumonia
  • Brain damage as a result of a lack of oxygen
  • Injury to nerves
  • Blood clots
  • Difficult breathing
  • Allergic reaction
  • Unusual pain after surgery
  • Heart attack
  • Waking up during surgery
  • Death

While this list looks terrifying, know that the serious side effects do not happen very often, while nausea and vomiting are pretty common.

Because proving negligence in these type of cases is complex, it is important that the attorney you hire is experienced in anesthesia cases. A medical malpractice attorney Longwood, FL relies on understands the legal intricacies involved in a medical malpractice case. They can meet with you to discuss the particulars of your case and direct you to your next steps.

 


 

Thank you to our friends and contributors at David & Philpot, PL for their insight into medical malpractice cases.  

What Happens if You File for Bankruptcy After a Vehicle Collision?

Car Accident Lawyer

Being involved in a car accident can seriously impact the financial stability of any person. This may be especially true if you did not have insurance when the crash happened, and were deemed at-fault. Perhaps you simply forgot to make your last car insurance payment which resulted in a cancellation right before the collision, or you were unable to afford such coverage in the first place. Those who cannot keep up with their expenses, bills, utilities and debts related to the accident, may consider filing for bankruptcy.

It is a common misconception that filing for bankruptcy means that all your debts simply go away. However, this would be the ultimate scenario and does not happen to everybody. Here we have provided useful information about filing for chapter 7 or 13 bankruptcy after being in a car accident:

Chapter 7 Bankruptcy

If you file for bankruptcy under Chapter 7, then everything you currently own may become property of the bankruptcy estate. Which means, you have to disclose personal information about your finances and the car accident to your attorney, who will list all of your debts on the bankruptcy petition. Depending on several factors, you may either be discharged of a portion of your debts or be denied to operate under this bankruptcy chapter at all. Chapter 7 does not include a repayment plan, but the debtor may have some of their property relinquished in order to satisfy debts.

Chapter 13 Bankruptcy

This bankruptcy chapter entails the debtor to pay back the entirely or a percentage of his or her debts over the span of 3-5 years. If the accident occurred due to willful actions or while under the influence, then the debts related to the collision are unlikely to be discharged. However, the debtor can make reasonable payments into this plan based on how much he or she makes. If the debtor fulfills this obligation in good faith, then the remainder of the debts may be discharged. Or, the debtor may have to apply for chapter 13 bankruptcy again after that course is over, to pay off the rest of the debts owed.

Assistance from an Attorney

Those who are struggling as a result of a car accident, may want to meet with an attorney immediately. The bills associated with a vehicle collision can add up quickly. If you were deemed responsible for the crash, then you may not only have to pay your medical expenses, but the other driver’s as well. The situation can escalate very quickly where you feel as though you are drowning in debt. One of the best things you can do is reach out to a professional who is experienced in consulting with clients who want to apply for bankruptcy. Many people find relief knowing they have a chapter 13 bankruptcy lawyer Clearwater, FL relies on watching out for their best interest, who can provide advice and guidance especially during the application process. Sometimes seeking professional assistance after such a tragic financial incident, can help alleviate the weight of it.

 


 

Thank you to our friends and contributors at The Law Office of Michael A. Ziegler, P.L. for their insight into bankruptcy and auto accidents.

Medical Malpractice: Misdiagnosis, Medication Mistakes and Anesthesia Errors

Personal Injury Lawyer

Medical malpractice happens in hospitals all over the United States every single day. It can be frightening as a patient to realize that your treating doctor has made a mistake, which led to a worsened or newly developed injury. An attorney believes that you should not have to suffer due to a mistake made by a doctor, hospital and/or medical staff. You may be entitled to financial compensation for such an error, which we can help you seek through filing a medical malpractice lawsuit.

Misdiagnosis (or Delayed)

The majority of medical malpractice claims include the doctor having diagnosed the patient with the wrong condition, or diagnosed the patient too late. If a doctor fails to diagnose a very serious illness within a reasonable amount of time, the patient may have suffered a worsened condition as a result of the delay. As for a misdiagnosis, the patient may have gone through the wrong treatment plan long enough to have made a negative impact on his or her overall health.

Medication Mistakes

As an attorney understands, errors in prescription type and/or dosage happen all too frequently. A doctor may have missed potential drug interactions, prescribed the wrong medication, or calculated an incorrect dose. In other scenarios, perhaps a drug was administered to the wrong patient. Here are specific examples of how medication errors on behalf of doctors or medical staff can happen:

  • The treating doctor wrote an incorrect dosage for the patient’s prescription
  • The treating doctor prescribed the correct dosage and type, but the nurse administered the wrong amount
  • Equipment failure which was supposed to give a large amount of medication over a long period of time to the patient

Anesthesia Errors

Even the smallest of mistakes or oversights from an anesthesiologist can cause permanent injuries or death to the patient. Anesthesia errors can happen prior to or during a surgical procedure in the following ways:

  • Failing to properly examine the patient’s medical history for risk of complications
  • Failing to tell the patient about risks associated with the surgery (including pre and post surgery instructions)
  • Failing to attentively monitor the patient’s vital signs during surgery
  • Utilizing equipment that is unreliable or defective
  • Incorrectly intubating the patient to assist with breathing during surgery

The Key Factor in Medical Malpractice

The main element of medical malpractice cases is whether another competent and knowledgeable doctor would have arrived at the same diagnosis and treatment plan, for a patient with similar circumstances. If a skilled doctor would not have made the same error, then the treating doctor may have committed medical malpractice. If you are unsure whether you have grounds for a medical malpractice lawsuit, an attorney can offer advice based on what happened.

Please book your consultation with a medical malpractice lawyer Deer Park, TX trusts before filing a complaint with the hospital about the potential medical malpractice. In some cases, the hospital may try to destroy evidence in order to avoid paying a patient compensation for the doctor’s error. Let us help fight to set things right, and get you the retribution you deserve.

 


 

Thank you to our friends and contributors at John K. Zaid & Associates for their insight into medical malpractice lawsuits.

Turning to an Attorney About a Motorcycle Wreck

Motorcycle Accident Lawyer

One of the most common vehicle-related accidents that unfold every day on highways, streets and residential areas, is the motorcycle collision. These wrecks can be devastating to riders, as motorcycles do not have a protective outer shell to help deflect an impact. The motorcyclist’s body absorbs most if not all of the force from an accident, resulting in tragic physical and financial damages.

A motorcyclist who has recently been hit by a driver, may wonder what his or her options are in taking action. It is not unheard of for a motorcyclist to turn to a legal professional for some advice, before pursuing a lawsuit against the driver responsible for the crash. Here we have listed a few questions that a rider may have about motorcycle accidents:

What are the most common ways motorcyclists get involved in accidents?

When motorcyclists head out onto the roadways, there are many potential threats that may await them around turns or amidst traffic. A rider must be fully alert and cautious when maneuvering with others on the streets or highway. However, despite being a safe rider, a motorcyclist may still get involved in an accident due to the following reasons:

  • Distracted car or truck drivers (due to cell phones, passengers, talking on the phone, fatigue, intoxication)
  • Low visibility due to weather (especially during heavy rain, fog or storm)
  • Road hazards and construction (which may lack sufficient signs and cones)
  • Unsafe road conditions due to debri, cracked pavement, potholes or sharp curves

If I was hit by a car driver, what types of damages may I receive?

Motorcyclists who have been hit by a car driver may face financial loss and physical injuries, without a way to pay for all the related expenses. A rider may also not be able to work for a period of time, particularly if he or she suffered severe to life-threatening injuries. Depending on the coverage the motorcyclists has at work, they may have to miss work without pay in order to recover. A rider who seeks compensation from the driver at-fault through a lawsuit may receive a monetary award for the following damages:

  • Lost wages
  • Pain and suffering
  • Physical therapy
  • Chiropractic care
  • Hospitalization charges
  • Vocational rehabilitation
  • Motorcycle repairs
  • Other medical bills

Should I hire an attorney for my motorcycle accident?

In the aftermath of a motorcycle accident, it can be difficult to handle the insurance company, deal with the repair shop, and pay for medical expenses out of pocket. Many victims of motorcycle accidents may consult with a motorcycle accident lawyer Minneapolis, MN trusts for help in these areas. An attorney may have useful insight, that the rider had no way of knowing.

For example, it may not be in the best interest of the motorcyclist victim to provide more information than needed to his or her insurance company. The insurance company may use certain statements as a way to minimize or deny a claim. Also, an attorney can provide advice and representation if the motorcyclist decides to file a lawsuit against the car driver for damages.

 


 

Thank you to our friends and contributors at Johnston | Martineau, PLLP for their insight into personal injury claims and motorcycle accidents.

Awaiting a Personal Injury Settlement? Hire a Moving Company

Personal Injury Lawyer

If you’re waiting to receive a personal injury award settlement, it might seem simple enough to move something from one place to another. However, if you lift or move something large or heavy you risk sustaining another injury, or worsening your present injury. You also risk losing out on your settlement if you’re observed moving this object. It’s not unusual for insurance companies to hire private investigators to watch injury victims to see if they can “catch” them in doing something that will nullify the settlement agreement. Here are some tips to help protect you so that you can collect the personal injury award to which you are entitled.

  1. Perception is everything. For example, if you’re carrying an empty box out to your car and an insurance company investigator is watching, they might snap a photo of you carrying a large box. If your settlement is for a back injury, they can argue you’re not injured and they have proof. If asked, “Were you carrying a box?” You would be lying if you said no and a judge may not allow you to answer anything other than yes or no. If it’s just a few light boxes, ask a friend or family member to take care of it for you. Otherwise, hire a moving company to move your items. They can even move items inside houses when the homeowner wants to rearrange their furnishings.
  2. Err on the side of caution. When the body sustains a serious or painful injury, it’s natural for other areas of the body to compensate, or sometimes overcompensate. An example is, if you were in a car accident which resulted in a broken knee, carrying something large might overextend your back muscles. Asking for help is difficult for many people. A moving company is happy to help. Contact a company today for a free quote to find out how affordable these services are, and how they can help you avoid additional injuries.
  3. Follow your doctor’s advice. If your doctor who treated your injury told you to not lift weight more than a certain number of pounds, heed their advice. Otherwise, you risk extending your recovery period or even worsening your injury. If you were to injury yourself by not following advice, there is a chance that the insurance company could claim that is the origin of your injury. That could let their client off the hook and you might not receive your settlement award. In addition, you would be responsible for paying for your medical and treatment costs. Call a moving company if you need to move something heavier than your doctor approved you to move.
  4. Protect yourself. Depending on your location, and the time of year, conditions can be hazardous and require added caution in order to avoid additional injuries. For example, if you sustained a back injury in a car accident and your walkway is icy, you could slip and fall. That could result in worsening your condition because your body is already fragile. Using this same example, hire one of the best moving companies Philadelphia, PA offers, have someone spread salt pellets on the walkway, and use spiked soles for your boots.

 


 

Thank you to our friends and contributors at Suburban Solutions for their insight into moving and personal injury settlements.