Free Legal Shield

Speak with us

(800) 733-5342
Menu

Accident and Injury Lawyer News

Women Filing nationwide Vaginal mesh lawsuits, vaginal Mesh lawyers

Written by

The vaginal mesh has been wrecking havoc on womens lives and the numbers are just starting to reveal themselves. Wome have stories about their vaginal mesh and are ready to file vaginal mesh lawsuits. one of the women below:

Texarkana woman files personal injury lawsuit over vaginal mesh implant
5/21/2012 10:22 PM By Michelle Keahey, East Texas Bureau

TEXARKANA After suffering several complications allegedly stemming from transvaginal mesh implantation, a Texarkana woman has filed a personal injury lawsuit against the medical device manufacturer.

Peggy Green filed suit against Boston Scientific Corp., doing business as Mansfield Scientific Inc. & Microvasive Inc. on May 14 in the Eastern District of Texas, Texarkana Division.

Due to stress urinary incontinence, Green was surgically implanted with the Uphold Vaginal Support System, manufactured by the defendant, on May 14, 2010.

After her surgery, she began to experience complications such as vaginal pressure and pain, vaginal bleeding and/or dyspareunia. She states that these complications are the result of the implanted medical device.

The defendant is accused of breach of warranty, negligence, and failure to warn.

The plaintiff is seeking an award of compensatory damages, punitive damages, exemplary damages, incidental damages, consequential damages, attorney s fees, and court costs.

Green is represented by Erin K. Copeland of Fibich, Hampton, Leebron, Briggs & Josephson in Houston. A jury trial is requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

This is just one of many vaginal mesh lawsuits. If you have been injured and your life destroyed by a defective vaginal mesh do not delay. There are statue of limitation issues. contact our vaginal mesh free legal department today.

Nursing Home Abuse, What you Need to Know, Nursing Home Abuse lawyers

Written by

Free Legal Shield Nursing Home Abuse lawyers are concerned about our seniors injured in Nursing Homes. Below are some guidelines to recognize nursing home Abuse. Your senior parents and grandparents must be protected,

Emotional Abuse

Emotional abuse is any action with the intent to cause emotional or psychological injury to another.

Examples:

  • Threatening of any kind.
  • Belittling.
  • Humiliating.

Symptoms of Emotional Abuse:

  • Those typical of dementia- Mood swings, paranoia, biting, sucking, etc.
  • Behavior becomes withdrawn.
  • Suffering from anxiety that was not present before.

A Verbal Abuse Story:

Topsfield’s Masconomet Healthcare Center in Topsfield, Massachusetts was found in 2011 to have four employees who regularly engaged in verbally abusing nursing home residents.

Some of the verbal abuses included:

  • The recording of a dementia patient while taunting her.
  • A Nursing Assistant (N.A.) telling a resident she had slept with the resident’s husband and that the resident’s husband was leaving her.
  • A N.A. telling a resident that she would die in the facility.
  • Multiple N.A.s calling a resident fat; the same resident had a cookie shoved into her mouth while a N. A. called her a pig.
  • N.A.’s mocking a patient with a penile implant.

Physical Abuse
Physical abuse is any action with the intent to cause physical injury to another.

Examples:

  • Hitting or slapping.
  • Biting.
  • Not handling a patient with care when transferring them to or from a wheel chair or bed.

Symptoms of Physical Abuse:

  • Unexplained bruises, sprains, abrasions, skeletal fractures, and/or burns.
  • Bleeding and bruising in private areas.
  • Damaged undergarments.
  • Sudden behavior changes.
  • A visitor is forbidden to see a resident alone by the caretaker.
  • Obvious over-medication or under-medication.
  • New health problems.

A Physical Abuse Story:

A Cleveland, Ohio nursing home aide was caught on camera hitting a 78-year-old Alzheimer’s patient, throwing her into her bed and wheelchair, and shoving her face into the wall. In one instance, the aide struck her in front of another employee, who did nothing.

Neglect
Neglect is any action with the intent to deprive another of things necessary to their well-being.

Examples:

  • Not providing enough food or water.
  • Not ensuring proper hygiene.
  • Not ensuring cleaning medical tools.

Symptoms of Neglect:

  • Dehydration.
  • Malnourishment.
  • Under-medication.

A Neglect Story:

A resident of Evergreen Lakeport Healthcare has her call light ignored which resulted in her sitting in her own urine for hours.

A VA hospital in Pennsylvania was found to be neglecting its patients. One male patient’s toe was rotting and no one did anything until maggots began to pore out of a hole in his toe.

Sexual Abuse
Sexual abuse is any non-consensual contact of a sexual nature.

Examples:

  • Molestation.
  • Rape.

Symptoms of Sexual Abuse:

  • Bleeding and bruising around genitalia.
  • Damaged undergarments.
  • Sexually Transmitted Infection/s
  • Genitalia infections.

A Sexual Abuse Story:

At Southwood Nursing Center in Virginia, an elderly woman was sexually assaulted by another resident. The male resident was known to have been arrested 59 times; some of his arrests included sexual assault and child molestation. He used a wheel chair to block the door so no one would disturb him.

Financial Exploitation
Financial Exploitation is the taking of another’s monetary or material assets with or without their permission, or through coercion.

Examples

  • Stealing of money or possessions.
  • Coercing a resident to sign over his/her financial responsibilities.
  • Stealing of social security checks.

Symptoms of Financial Exploitation:

  • Money withdrawals made that a resident could not have made.
  • Sudden changes to a resident’s legal documents.
  • No longer receiving pension or social security checks.
  • The resident no longer has control over his/her financial matters.

A Financial Exploitation Story:

A Chicago nursing home patient had over $4,000 electronically withdrawn from her banking account by a nursing home staff member. The staff member was only caught after the resident’s family noticed withdraws from the resident’s account over a period of months.

New Allowances for Social Security Disability Claims, Social Security Disability Lawyers

Written by

Social Security Disability lawyers of Florida and Georgia Announce new Disease Status for your Social Security Disability Claims Today

Social Security, announced 52 new Compassionate Allowances conditions, primarily involving neurological disorders, cancers and rare diseases. According to Social Security, the Compassionate Allowances program fast-tracks disability decisions to ensure that Americans with the most serious disabilities receive their benefit decisions within days instead of months or years. Commissioner Astrue made the announcement during his remarks at the World Orphan Drug Congress near Washington, D.C.

“Social Security will continue to work with the medical community and patient organizations to add more conditions,” Commissioner Astrue said. “With our Compassionate Allowances program, we quickly approved disability benefits for nearly 61,000 people with severe disabilities in the past fiscal year, and nearly 173,000 applications since the program began.”

The Compassionate Allowances initiative identifies claims where the nature of the applicant’s disease or condition clearly meets the statutory standard for disability. With the help of sophisticated new information technology, the agency can quickly identify potential Compassionate Allowances and then quickly make decisions.

Social Security launched the Compassionate Allowances program in 2008 with a list of 50 diseases and conditions. The announcement of 52 new conditions, effective in August, will increase the total number of Compassionate Allowances conditions to 165. The conditions include certain cancers, adult brain disorders, a number of rare genetic disorders of children, early-onset Alzheimer’s disease, immune system conditions, and other disorders. In his speech that opened the Congress, Commissioner Astrue thanked the National Institutes of Health for research they conducted which helped identify many of the conditions added to the list.

The agency also is improving its online disability application process, which is already substantially shorter than the standard paper application. Starting April 21, 2012, adults who file for benefits online will have the option to electronically sign and submit their Authorization to Disclose Information to the Social Security Administration (Form SSA-827). This improvement allows applicants to complete disability applications in a streamlined online session, rather than printing, signing, and mailing paper authorization forms to Social Security offices.

In March, Social Security approved eight research projects through its Disability Determination Process Small Grant Program. This new program aims to improve the disability process through innovative research by graduate students focusing on topics such as the Compassionate Allowances program, Wounded Warriors initiative, homelessness and SSI, and disability enrollment issues.

New Compassionate Allowances Conditions

  • Aicardi-Goutieres Syndrome
  • Alobar Holoprosencephaly
  • Alpers Disease
  • Alpha Mannosidosis
  • Carcinoma of Unknown Primary Site
  • Cerebrotendinous Xanthomatosis
  • Child Neuroblastoma
  • Child Non-Hodgkin Lymphoma
  • Chondrosarcoma with multimodal therapy
  • Cornelia de Lange Syndrome-Classic Form
  • Ewings Sarcoma
  • Follicular Dendritic Cell Sarcoma with metastases
  • Fucosidosis – Type 1
  • Galactosialidosis – Early Infantile Type
  • Glioma Grade III and IV
  • Hallervorden-Spatz Disease
  • Hepatoblastoma
  • Histiocytosis
  • Hutchinson-Gilford Progeria Syndrome
  • Hydranencephaly
  • Hypocomplementemic Urticarial Vasculitis
  • Hypophosphatasia Perinatal lethal Form
  • I Cell disease
  • Infantile Free Sialic Acid Storage Disease
  • Juvenile Onset Huntington Disease
  • Kufs Disease Type A and B
  • Lissencephaly
  • Lymphomatoid Granulomatosis Grade III
  • Malignant Brain Stem Gliomas – Childhood
  • Malignant Melanoma with metastases
  • Mastocytosis Type IV
  • Medulloblastoma with metastasis
  • Merkel Cell Carcinoma with metastases
  • Myocolonic Epilepsy and Ragged Red Fibers Syndrome
  • Nephrogenic Systemic Fibrosis
  • Obliterative Bronchiolitis
  • Ohtahara Syndrome
  • Orthochromatic Leukodystrophy with Pigmented Glia
  • Pearson Syndrome
  • Pelizaeus-Merzbacher Disease-Classic Form
  • Pelizaeus-Merzbacher Disease-Connatal Form
  • Peripheral Nerve Cancer – metastatic or recurrent
  • Perry Syndrome
  • Rhabdomyosarcoma
  • Rhizomelic Chondrodysplasia Punctata
  • Schindler Disease Type 1
  • Smith Lemli Opitz Syndrome
  • Spinal Nerve Root Cancer- metastatic or recurrent
  • Stiff Person Syndrome
  • Tabes Dorsalis
  • Wolf-Hirschhorn Syndrome
  • Xeroderma Pigmentosum

Yaz Lawyers Helping Women With Blood Clots from yaz Birth control Pills

Written by

Yaz lawyers in Miami, Ft Lauderdale, Boca raton , West Palm beach, Orlando, Jacksonville, Tampa, are helpling women with Strokes, Blood clots, Pulmonary embolism, deep vein thrombosis and other serious injuries form yaz.

This is good news for women. Bayer has settled lawsuits for Yaz offering over $200,000 in settlement per victim injured by Yaz Birth Control Pills. New Warnings have been added to yaz label. If you or a loved one has been injured by taking Yaz Birth Control pills now would be the time to contact a Yaz lawyer. States have Statutes of Limitations you must protect your rights immediately.

Note the following side effects and complications for Yaz

Yaz is prescribed more than any other contraceptive medication and thus there have already been an array of cases of serious injuries and side effects that could be fatal. These severe health complications include: Blood clots, Pulmonary embolism, deep vein thrombosis,and stroke from yaz. side effects from yaz are fatal.

What is deep vein thrombosis and related injuries

Deep vein thrombosis is a blood clot that forms in a vein deep in the body. Blood clots occur when blood thickens and clumps together.

Most deep vein blood clots occur in the lower leg or thigh. They also can occur in other parts of the body.

A blood clot in a deep vein can break off and travel through the bloodstream. The loose clot is an embolism. It can travel to an artery in the lungs and block blood flow. This condition is called pulmonary embolism..

What is Deep vein thrombosis

Deep vein thrombosis is a blood clot that forms in a vein deep in the body. I can travel to any part of the body. Blood clot can cause stroke and are fatal.

If you have experienced any of the complications listed above you must contact your doctor and speak to a Yaz lawyer immediately. Bayer has offered settlement monies for victim of Yaz. Now is the time to speak to a yaz lawyer

There are also less serious side effects of Yaz. These can eventually grow into more serious complications. Therefore, anyone who is using Yaz for any reason should contact their doctor right away even if they experience these more minor side effects:

Yaz has caused serious side effects and in some cases long term disabilty and death.

Doctors Investigating Faulty Medical Devices Suing FDA

Written by

FDA SUED BY ITS OWN DOCTORS AND SCIENTISTS

Whistleblowers accuse FDA of spying, persecution

03 February 2012

The US Food and Drug Administration (FDA) is being sued by its own scientists and doctors who allege they were spied on and persecuted by the agency for expressing safety concerns about the approval of medical devices. This legal action has prompted an investigation by a key lawmaker in the Senate.
It's claimed that the FDA installed spyware to monitor personal email accounts

Iowa Republican Senator Charles Grassley a powerful member of the judiciary committee that has jurisdiction over areas like civil liberties and constitutional law has asked FDA commissioner Margaret Hamburg to provide details about who authorised the monitoring of employees and why some of the plaintiffs are no longer employed by the agency. Hamburg has until 17 February to supply her answers.

In the lawsuit filed on 25 January, six whistleblowers claim that the FDA secretly spied on them for two years. They say that the agency began its campaign of electronic snooping after the agency learned that they had written a letter to the president elect, Barack Obama, and his transition team in early 2009 detailing misconduct in approving unsafe medical devices. In that letter, the plaintiffs called the FDA fundamentally broken , and said its scientific review process for medical devices has been corrupted and distorted by managers.
Soon after, the agency installed or activated spyware on the whistleblowers work computers and also monitored their private emails, according to court documents. In addition, evidence suggests that the FDA took screen shots of the employees computers and also intercepted their emails to and from staff members on key House and Senate oversight committees.
These actions appear to have continued even after the Office of Inspector General (OIG) at the FDA s parent agency the Department of Health and Human Services (HHS) denied the agency s request to take criminal or administrative action against the individuals. In a May 2010 letter to the FDA, the OIG concluded that the whistleblowers communications were legally protected.
Chilling effects
The plaintiffs, who were all heavily involved in the FDA s safety review process, are seeking an injunction to stop the agency from pursuing what they say is an illegal spying campaign. Two of these whistleblowers still work at FDA and say that they face continued harassment, two were fired and another two did not get their contracts renewed, according to Stephen Kohn, the lead attorney for the plaintiffs.
If you can target someone simply because they raise a legal, health or safety concern, that will have a chilling effect on any FDA employee alerting the public or Congress about matters of life and death, Kohn tells Chemistry World . There is a lot of pressure on these scientists to approve the devices.
According to Kohn, the whistleblowers raised major concerns about 20 medical devices that involve, among other things, ultrasound and CT scan technology. Specifically, these reviewers said some of the devices could expose patients to radiation at levels up to 800 times that of a chest x-ray and they found that others couldn t appropriately detect cancers. Nevertheless, Kohn says the FDA approved 19 out of 20 of these devices that had been flagged.
Whistleblowers point out fraud, waste and abuse when no one else will, and while they do so, while also risking their professional careers, they are often treated like skunks at a picnic, Grassley wrote in a 31 January letter to Hamburg, asserting that retaliation against whistleblowers should never be tolerated .
Grassley said that certain employees, including members of the Public Health Service Commissioned Corps within HHS, are not covered under the US Whistleblower Protection Act, which leaves them vulnerable to retaliation. He says that this is a one of several loopholes in current law that should to be closed.
The FDA said it can t comment on personnel issues or any matters subject to ongoing litigation.
Rebecca Trager

SSRIs may place Unborn Children at Risk

Written by

;Antidepressants in Pregnancy May Risk PPH in Babies By Todd Neale, Senior Staff Writer, MedPage Today
January 12, 2012
Reviewed by Robert Jasmer, MD ; Associate Clinical Professor of Medicine, University of California, San Francisco.

Women who use selective serotonin reuptake inhibitors (SSRIs) during pregnancy may be placing their unborn children at risk for persistent pulmonary hypertension of the newborn, a large cohort study showed.

In a study of more than 1.6 million births, SSRI exposure in the second half of pregnancy was associated with a doubling of the odds of persistent pulmonary hypertension of the newborn (OR 2.1, 95% CI 1.5 to 3.0), according to Helle Kieler, MD, PhD, of the Karolinska Institute in Stockholm, and colleagues.

That equates to an increase in absolute risk from 1.2 to 3 cases per 1,000 live-born infants, the researchers reported online in BMJ .

Although an observational study cannot prove causality, Kieler and colleagues recommended caution when using SSRIs for pregnant women.

Activate MedPage Today s CME feature and receive free CME credit on medical stories like this one ;It is essential to plan the treatment and to weigh the risks of persistent pulmonary hypertension of the newborn when treating women in late pregnancy with those of relapse of depression and neonatal abstinence syndrome if therapy is interrupted," they wrote.

Persistent pulmonary hypertension in the newborn occurs when the pulmonary vascular resistance fails to decrease after birth and the ductus arteriosus remains open to ensure circulation. Mortality ranges from 5% to 10%.

Some previous studies have identified SSRI use late in pregnancy as a risk factor for the condition, although others have not.

To further explore the issue, Kieler and colleagues performed a cohort study using national health registries from Denmark, Finland, Iceland, Norway, and Sweden. The analysis included 1,618,255 singletons born after 33 weeks of gestation from 1996 to 2007.

Overall, about 30,000 women filled a prescription for an SSRI during pregnancy, including 17,053 (1.1%) before eight weeks of gestation and 11,014 (0.7%) after 20 weeks of gestation.

Filling a prescription for an SSRI late in pregnancy was associated with increased odds of persistent pulmonary hypertension in the newborn after adjustment for maternal age, dispensed nonsteroidal anti-inflammatory drugs and diabetes medications, preeclampsia, chronic illnesses during pregnancy, country of birth, birth year, level of delivery hospital, and birth order.

The odds ratio increased slightly after excluding newborns with meconium aspiration, the most common cause of the condition.

The relationship remained consistent across different types of SSRI.

Also associated with a greater likelihood of having persistent pulmonary hypertension in the newborn were filling a prescription for an SSRI early in pregnancy (OR 1.4, 95% CI 1.o to 2.0) and a previous maternal admission for a psychiatric disorder (OR 1.3, 95% CI 1.o to 1.6). Both findings require further investigation, according to the researchers.

A possible mechanism underlying the relationship between prenatal exposure to an SSRI and the newborn condition could involve the accumulation of SSRIs in the lungs combined with the ability of serotonin to cause vasoconstriction and to mediate pulmonary arterial smooth muscle cell proliferation, the authors noted.

The findings that other antidepressants that affect serotonin or norepinephrine activity were also associated with persistent pulmonary hypertension in the newborn support a possible causal role of serotonin, they said.

In an accompanying editorial, Gideon Koren, MD, of the Hospital for Sick Children in Toronto, and Hedvig Nordeng, PhD, of the University of Oslo, noted that a review of criteria for establishing the causation of teratogenic effects of drugs in humans suggests the relationship is causal, but said more work is needed.

They criticized the researchers for failing to control for other causes of the condition other than meconium aspiration.

"By not controlling for these confounding or modifying conditions, the authors have missed an opportunity to calculate the attributable risk of SSRIs in causing pulmonary hypertension in the newborn," they wrote.

Kieler and colleagues acknowledged some additional limitations of the study, including the inability to determine whether filled prescriptions were used and the lack of an assessment of the possible exposure to more than one antidepressant.

The study was funded by the Swedish Pharmacy Company and by the authors institutions.

The study authors and the editorialists reported that they had no conflicts of interest.

Primary source: BMJ
Source reference:
Kieler H, et al "Selective serotonin reuptake inhibitors during pregnancy and risk of persistent pulmonary hypertension in the newborn: population-based cohort study from the five Nordic countries" BMJ 2012; DOI: 10.1136/bmj.d8012.

911 Auto Accident Helpline, What is that $10,000 PIP

Written by

In pain, need Help, ask the Auto Accident Helpline. If you were just injured in an accident in Miami, Fort Lauderdale, Boca Raton, West Palm Beach, Melbourne, Orlando, Tampa, Ft Myers, Key West, Naples, Sarasota, Bradenton, New Port Richey, and anyplace in Florida and are in pain and need help call the 911 Auto Accident Helpline. You can ask the Auto Accident Helpline to locate an attorney for you and they will. The attorney will be an auto accident lawyer who understands the pain and suffering of a collision. 911 Auto Accident Helpline has no Chirppractors or pain clinics associated with them. We are not interested in your Florida $10,000 PIP except to make sure you get the treatment and benefits you deserve covered by Florida Law. We locate a lawyer for you the old fashioned way, thru a bonifide lawyer Referral Service in good standing with the Florida Bar. Why are so many accident referral services after your PIP? Read below and find out.

I am registering a vehicle for the first time in Florida. Is automobile insurance mandatory?

Yes. If you own a vehicle with at least four wheels and are registering it, you must have Florida insurance.

What type of insurance is required to purchase and maintain a Florida license plate and registration?

Florida s minimum coverage is $10,000 personal injury protection (PIP) and $10,000 property damage liability (PDL) as long as you have a valid Florida license plate.

What is "Personal Injury Protection" (PIP) insurance?

Also called Florida No Fault Insurance, Personal Injury Protection (PIP) Insurance covers you regardless of fault (i.e. whether or not you cause the crash) up to the limits of your policy. Your PIP will also cover your child, members of your household, certain passengers who lack PIP Insurance as long as they do not own a vehicle. People riding in your vehicle who carry PIP will receive coverage under their own PIP for their injuries, and certain licensed drivers who drive your vehicle with your permission. PIP also covers your child if he or she suffers an injury while riding on a school bus. PIP coverage protects you while in someone else s vehicle, as a pedestrian, or bicyclist if you suffer an injury in a crash involving a motor vehicle. The Florida Motor Vehicle No-Fault Law, requires all owner/registrants of a motor vehicle with four wheels or more to carry a minimum of $10,000 of Personal Injury Protection (PIP) and $10,000 of property damage liability (PDL) if you own a motor vehicle in Florida. Florida law requires you to maintain PIP/PDL insurance continuously throughout the licensing and registration period.

PIP insurance pays for 80% of your medical bills and 60% of your lost wages, up to $10,000. This means, you have to recover the rest of your out of pocket expenses from the driver that caused the accident.
PIP covers any accident or injury that involves a vehicle, even if you are on a bicycle or a pedestrian and are injured by a vehicle.

What is " Bodily Injury Liability" (BIL) insurance?

Bodily Injury Liability coverage pays for serious and permanent injury or death to others when you cause a crash involving your automobile. Your insurance company will pay for injuries up to the limits of your policy and provide legal representation for you if you get sued. In particular, your company pays for injuries caused by you or members of your family who live with you, even if they were driving someone else s vehicle. It may also cover others who drive your automobile with your permission. This coverage also provides you with legal defense in the event you are sued by the injured party.

What is "Property Damage Liability" (PDL) insurance?

This coverage pays for damages you or members of your family cause (and are liable for) to other people s property in a crash involving a motor vehicle.

What is meant by "Florida Coverage"?

Florida coverage is an insurance policy delivered or issued for delivery in Florida by an insurance company licensed by the Florida Department of Financial Services.

Can I maintain my current policy issued in my previous state of residence?

No. The minimum required insurance must be issued through a Florida agent with an insurance company licensed to sell in Florida. Most insurers have Florida agents and are licensed to issue policies in Florida. Just ask your agent to transfer your current insurance to Florida when you register a vehicle in Florida.

What if I fail to keep insurance on my vehicle that I have registered in Florida?

The Department of Highway Safety and Motor Vehicles is authorized to suspend your driving privilege, including your vehicle license plate and registration, for up to three years or until proof of Florida insurance is provided, whichever is first.

If my driving privilege is suspended because I am not properly insured, is there a penalty to reinstate my license?

Yes. A reinstatement fee of $150 up to $500, for subsequent violations, must be paid and you must provide proof of current Florida insurance.

I live outside Florida for six months a year. When not in Florida, my vehicle is in storage and not used. Must I maintain automobile insurance?

Yes. Any vehicle holding a valid Florida license plate and registration must be covered by a Florida insurance policy throughout the entire registration period. When you leave Florida, you may surrender your license plate and registration at the nearest driver license or Tax Collector office to avoid maintaining your policy. You can always register your vehicle upon your return to Florida, at which time you can provide proof of Florida insurance.

I am not a resident of Florida but I have business that keeps me in Florida sometimes for several months at a time. Must I comply with Florida s insurance laws?

Yes. Any person who has a vehicle in Florida for more than 90 days during a 365-day period must purchase personal injury protection and property damage liability insurance coverage. The 90 days do not have to be consecutive.

I own multiple vehicles. Some are not used for different reasons, but the county I live in requires that the vehicles remain registered. Must I maintain insurance coverage on these vehicles?

Yes. Insurance coverage must be maintained throughout the entire vehicle registration period, whether the vehicle is used or not.

If you are in an Auto Accident call now for an attorney

What can I do to avoid a driving privilege suspension when I choose not to insure a vehicle?

To avoid a driving privilege suspension, surrender the vehicle s license plate and registration at any Florida driver license or Tax Collector office, prior to canceling your insurance policy.

If my driving privilege is suspended for no insurance, will I be granted a temporary driver license for Business or Employment purposes?

No. There is no provision in Florida s motor vehicle insurance laws for the issuance of any sort of temporary or restricted driver license for financial responsibility suspensions.

I am self-employed as a taxi driver and the only vehicle I own is registered as a taxicab. Must I carry automobile insurance?

Yes. You must carry Bodily Injury Liability (BIL) coverage of $125,000 per person, $250,000 per occurrence and $50,000 for property damage liability (PDL) coverage.

I am moving out of state and will not be registered in Florida any more. Can I cancel my insurance?

Do not cancel your insurance until you have registered in the other state. Florida insurance is required as long as you are registered in Florida, regardless of whether you drive in Florida. Once you are registered in the other state, you can cancel Florida insurance and comply with the insurance requirements of the state you have moved to. If you are retaining the same carrier, they can switch you simultaneously with registration change.

Social Security Disability Lawyers

Written by

Contact Form Shortcode Error: Form 1 does not exist

What Do Social Security Disability Attorneys Do?

If you have been denied a claim contact the Social Security Disability lawyers ,attorneys of Free Legal Shield today.

Generally, if a person has a physical or psychological (mental) disability that causes him/her to be unable to do any kind of work for which he/she is suited (given the person’s age, education, and work experience) and the disability is expected either to last for at least one year or to result in death, then that person will be considered disabled for Social Security purposes.

Social Security administers four separate benefit programs for individuals with disabilities: Social Security Disability Insurance (SSDI), Supplemental Security Income, Disabled Widows and Widowers benefits (DWB), and Disabled Adult Child Benefits (DAC). The medical requirements to prove disability, as well as the process for making disability determinations, are the same for each program.

Many people confuse the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs. The differences between them are as follows:

  • SSDI pays benefits to you and certain members of your family if you are “insured” (you have worked long enough and paid Social Security taxes, which fund this program). A person who is eligible to receive SSDI will automatically be enrolled in Medicare after receiving 24 months of benefits.
  • SSI pays you benefits based on financial need, whether or not you have ever worked. SSI is a Federal income supplement program funded by general tax revenues (not Social Security taxes). A person who is eligible to receive SSI automatically qualified for Medicare (without a waiting period).

Should I hire a Social Security Disability Attorney?

If you are denied on your Initial Claim, a qualified social security disability attorney can provide representation and help you with your claim for continuing and past due benefits (back pay).

Initial claims are typically denied 60 to 70 percent of the time, depending on the state in which you filed, so chances are you’ll end up in a hearing. For further information, contact a Lead Counsel social security disability attorney in your area today. Call our Social Security Disability Attorney Network.

Attorney referral Service has Social Security Disability Attorneys ready to help you if you have been injured in the following Florida cities: Boca Raton, Bradenton, Cape Coral, Clearwater, Coral Gables, Daytona, Delray Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, West Pensacola, Winter Garden, Winter Haven, and Winter Park.
Attorney Referral Florida Social security Disability lawyers are ready to help you if you have been injured in the following counties: Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian, River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa, Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington
We also have Social security Disability lawyers in the following Georgia counties and cities: Fulton County, DeKalb County, Atlanta GA, Sandy Springs GA, East Point GA, Redan GA, Riverdale GA, Snellville GA, Conyers GA, Covington GA, McDonough GA, Hampton GA, Lawrenceville GA, Johns Creek GA, Roswell GA, Woodstock GA, Marietta GA, Smyrna GA, Mableton GA, Douglasville GA, Buford GA, Canton, GA.

Helping the people since 1997.

Contact Us Today

Florida, Georgia and New York and USA Laws

Written by

The Law Book Resource Guide is offered as a community Service by the Florida and Georgia lawyers of Free legal Shield, Free Legal Shield Referral service of Florida, Georgia, New York, New Jersey, North and South Carolina, Colorado,Arizona, Michigan, and California

Paste the links For state laws in your Browser

FOR FLORIDA , http://www.leg.state.fl.us/statutes/index.cfm?Mode=ViewStatutes&Submenu=1

FOR NEW JERSEY , http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=994662&depth=2&expandheadings=off&headingswithhits=on&infobase=statutes.nfo&softpage=TOC_Frame_Pg42

FOR CALIFORNIA , http://www.leginfo.ca.gov/calaw.html

FOR MASSACHUSETTS , http://www.mass.gov/legis/laws/mgl/

FOR CONNECTICUT , http://www.cga.ct.gov/2005/pub/titles.htm

FOR PENNSYLVANIA , http://www.pacode.com/secure/browse.asp

FOR VIRGINIA , http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC

FOR TEXAS , http://www.statutes.legis.state.tx.us/

ALABAMA

http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

ALASKA

http://www.legis.state.ak.us/folhome.htm

ARIZONA

http://www.azleg.gov/ArizonaRevisedStatutes.asp

CONNECTICUT

http://www.cga.ct.gov/asp/menu/Statutes.asp

DELAWARE

http://delcode.delaware.gov/index.shtml

GEORGIA

http://www.lexis-nexis.com/hottopics/gacode/default.asp

HAWAII

http://www.capitol.hawaii.gov/site1/docs/docs.asp?press1=docs

IDAHO

http://www.legislature.idaho.gov/idstat/TOC/IDStatutesTOC.htm

ILLINOIS

http://www.ilga.gov/legislation/ilcs/ilcs.asp

INDIANA

http://www.state.in.us/legislative/ic/code/

IOWA

http://www.legis.state.ia.us/IACODE/

KANSAS

http://www.kslegislature.org/legsrv-statutes/index.do

KENTUCKY

http://www.lrc.state.ky.us/krs/titles.htm

LOUISIANA

http://www.legis.state.la.us/

MAINE

http://www.mainelegislature.org/legis/statutes/

MARYLAND

http://mlis.state.md.us/

MASSACHUSETTS

http://www.mass.gov/legis/laws/mgl/

MICHIGAN

http://www.legislature.mi.gov/%28S%28oymut145bdtwe42e0rdebk3s%29%29/mileg.aspx?page=chapterindex

MINNESOTA

https://www.revisor.leg.state.mn.us/pubs/

MONTANA

http://leg.mt.gov/css/Laws%20and%20Constitution/Current%20Constitution.asp

NEVADA

http://www.leg.state.nv.us/Law1.cfm

NEW HAMPSHIRE

http://gencourt.state.nh.us/rsa/html/indexes/default.html

NEW JERSEY

http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=128898949&depth=2&expandheadings=off&headingswithhits=on&infobase=statutes.nfo&softpage=TOC_Frame_Pg42

NEW YORK

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

NORTH CAROLINA

http://www.ncga.state.nc.us/gascripts/Statutes/Statutes.asp

NORTH DAKOTA

http://www.legis.nd.gov/information/statutes/cent-code.html

OREGON

http://www.leg.state.or.us/ors/

PENNSYLVANIA

http://www.pacode.com/secure/browse.asp

RHODE ISLAND

http://www.rilin.state.ri.us/Statutes/Statutes.html

SOUTH CAROLINA

http://www.scstatehouse.gov/code/statmast.htm

TEXAS

http://www.capitol.state.tx.us/statutes/statutes.html

UTAH

http://www.le.state.ut.us/~code/code.htm

VERMONT

http://www.leg.state.vt.us/statutes/statutes2.htm

VIRGINIA

http://leg1.state.va.us/000/src.htm

WASHINGTON

http://www.leg.wa.gov/wsladm/rcw.htm

WEST VIRGINIA

http://www.legis.state.wv.us/

WISCONSIN

http://www.legis.state.wi.us/rsb/stats.html

ALASKA

http://www.revenue.state.ak.us/treasury/programs/programs/index.aspx?23050

CONNECTICUT

http://www.cslib.org/law.htm#P20_2303

DELAWARE

http://regulations.delaware.gov/AdminCode/

D.C.

http://os.dc.gov/os/cwp/view,a,1207,q,522392.asp

NEW JERSEY

http://www.state.nj.us/oal/rules.html

RHODE ISLAND

http://www.sec.state.ri.us/rules/

VERMONT

http://vermont-archives.org/aparules/

Florida Georgia and New York Laws Resource Guide Courtesy of the Florida and Georgia lawyers of Free legal Shield.

http://www.gpoaccess.gov/uscode/browse.html

THE IRS

http://www.taxalmanac.org/index.php/Internal_Revenue_Code

US DEPT OF LABOR

http://www.dol.gov/

US SENATORS

http://www.senate.gov/general/contact_information/senators_cfm.cfm

US HOUSE OF REPS.

https://writerep.house.gov/writerep/welcome.shtml

ALL STATE COURTS

http://www.ncsconline.org/D_KIS/info_court_web_sites.html#state law

Attorney Referral Lawyer Dictionary

Written by

Attorney Referral lawyer legal terms Dictionary offered as a Legal Resource Guide courtesy The ATTORNEYS LAWYERS AND LAW FIRMS of Florida and Georgia, Free legal Shield.

"THE FOLLOWING LEGAL EDUCATIONAL INFORMATION IS NOT LEGAL ADVICE ", WHICH CAN ONLY BE OFFERED WHEN YOU CONTACT ONE OF OUR Florida or Georgia ATTORNEYS LAWYERS,LAWYER,ATTORNEY OR LAW FIRM.

This information is educational only , and every situation does not always conform , as laws vary.

Ninety-five percent of all personal injury claims are resolved before trial. Experienced attorneys know that the best way to settle a case is to prepare it for trial. In order to do this, attorneys for both parties follow a heavily scripted process in which documents are exchanged, questions are posed, witnesses, including experts, are disclosed, depositions are conducted, and evidence is gathered to build a strong case. This process can be divided into the following categories: the filing of pleadings, the discovery process, the pretrial, conference and the trial.

A. PLEADINGS

Pleadings include a variety of legal documents that state and/or allege the opinions, positions, damages, injuries or theories of law of a party to a lawsuit that are filed with the court. The most common pleadings are:

1. Complaint: A lawsuit is initiated when the plaintiff, or petitioner, serves the initial complaint on the defendant, or respondent. A complaint sets forth the basic elements of a case including what happened and the injuries and damages incurred. It also describes the plaintiff’s allegations of why the defendant is responsible for the plaintiff’s injuries and damages.

2. Answer: The defendant’s attorney has a prescribed amount of time to respond to the plaintiff’s complain in the form of the answer. This is the document where the defendant admits, denies or alleges insufficient information to respond to each allegation of the plaintiff’s complaint.

3. Special Defenses: These are filed with the answer. Special defenses are unique to every personal injury case. The defendant may claim the plaintiff’s injuries were caused by his/her own negligence or that the plaintiff’s claim is barred by the applicable statute of limitations and are defenses to the plaintiff’s claim of action.

4. Counterclaims: If the defendant feels that s/he has a claim against the plaintiff then this claim is filed along with the answer and is known as a counterclaim.

5. Claim for Jury Trial List: This is the point at which the plaintiff acknowledges s/he is ready for trial and advises the court of this fact.

B. DISCOVERY

Typically, discovery is the process by which attorneys for both sides “discover” all of the facts, witnesses and testimony regarding the case. During the discovery process, attorneys for both parties share information about the lawsuit. This process is accomplished through written and verbal questioning as well as through the production of documents and physical examinations. In the majority of personal injury cases, the information gathered will help to convince the parties to reach some sort of out-of-court settlement instead of going through the long, drawn-out process of a trial. There are multiple ways in which attorneys gather evidence:

1. Interrogatories: Interrogatories are written questions sent from one attorney to the other party to be answered to the best of their ability. These questions are answered under oath and must be sent back within a certain amount of time.

2. Request for Production: This document is sent from one attorney to the opposing attorney requesting that documents, pictures, bills, records, reports or other forms of evidence be produced and made available to opposing counsel.

3. Requests for Admission: Parties are permitted to require the other side to admit to certain facts under oath. Requests for admission must be answered under oath within a short time period or will be deemed to be admitted by the other side. These admissions are useful to prove obvious facts so it will not be necessary at trial to introduce additional evidence to prove these already admitted facts.

4. Depositions: Along with written discovery, oral questions may be asked of the parties involved. This takes place out of court and in the form of a deposition, in which the plaintiff, the defendant, a witness, or another person involved in the case is examined and cross-examined by the opposing attorneys, under oath. Depositions allow attorneys to find out what witnesses are going to say in court and their answers can be used to refute, impeach or discredit this witness. Attorneys will often call for the disclosure of the opposing counsel’s expert witnesses so they can be deposed before the beginning of a trial.

5. Independent Medical Examination (IME): In a personal injury case, an important part of a plaintiff’s case will be the testimony of the medical professional(s) who treated him/her. It is this evidence that tells the jury what injuries the plaintiff suffered, how they were incurred, and, in the expert opinion of the medical professional, if those injuries were causally related to the accident involving the parties. The defendant’s insurance carrier will often require that the plaintiff be examined by a doctor of their choosing. This is seen as a chance to refute, discredit, or down play the injuries that the plaintiff’s treating physician indicates the plaintiff suffered and to tarnish the credibility of said physician.

C. THE PRETRIAL CONFERENCE

A pretrial conference is held in private, usually in the judge’s chambers, with the trial judge and opposing counsel. There are several different objectives that can be accomplished during one of these conferences. A status conference, for example, occurs after all pleadings have been filed and is used by the judge to manage upcoming events. For instance, the judge may set dates for further pretrial conferences or set a tentative trial schedule.

A judge may also use the pretrial process to encourage settlement of the matter by acting as an arbitrator who attempts to move both parties closer to an acceptable settlement figure. Generally speaking, a pretrial judge will not serve as the trial judge because of his/her knowledge and involvement in the settlement process. Pretrials are also a forum where the opposing counsel and judge can discuss the case and agree on undisputed facts, or stipulations or can argue disputed issues. These stipulations benefit attorneys because they no longer have to be determined in the trial and might move the case and the attorneys closer to a settlement.

D. THE TRIAL

If the parties cannot settle their case after a pretrial, a judge will set the case down for a trial date. The trial process attempts to ensure that both the plaintiff and defendant receive a fair trial.

The first step in any jury trial is to pick the jury! The selection process, known as voir dire, occurs in the courthouse sometimes before the judge and always with opposing counsel. The attorneys will advise the jury pool of the lawyers they practice with and their potential witnesses to see if anyone has had any prior knowledge or experience with any of those parties. The attorneys, after determining if there are any conflicts regarding witnesses, will then ask the jurors questions in order to ascertain whether they can serve as unbiased interpreters of the facts.

Each attorney has a number of preemptive challenges where a potential juror can be removed from a case without cause. Additionally, each attorney can seek to have a juror removed for cause, which must be decided by the judge.

Once a jury of six is selected, the trial will begin with the opening statements of each side. The attorneys for the plaintiff and defendant use these statements in order to outline their case and theories of law to the jury.

Following the opening statements, the plaintiff’s attorney will call his/her witnesses and introduce evidence. The defendant’s counsel has the opportunity to cross-examine every witness that the plaintiff calls. The plaintiff then may have a chance to conduct a re-direct, followed by the defense’s opportunity for a re-cross.

After the plaintiff calls all of his/her witnesses, counsel for the defendant may move for a directed verdict. This is where the defendant alleges that the evidence and testimony the plaintiff provided has not proved his/her case by the “preponderance of the evidence.” If the judge agrees with the defendant, then the case is decided in the defendant’s favor. Normally, though, this is not the case, and the defendant then has the opportunity to present evidence. This process is very similar to the presentation of the plaintiff’s case. After the defense rests the plaintiff has the ability to call rebuttal witnesses and present rebuttal evidence that refutes or discredits witnesses or evidence presented by the defendant.

After the parties have rested, opposing counsel give their closing arguments. Closing arguments allow the attorneys to review the evidence that was presented to refocus the jury on their version of the case. The plaintiff’s attorney gives his/her summation first, followed by the defendant’s attorney. The plaintiff’s attorney then has the opportunity to give a rebuttal closing argument after the defense’s.

Following closing arguments, the judge will provide the jury with his/her instructions for deliberation. The judge will tell the jurors to base their judgment solely on the evidence provided and the relevant laws to the case. These instructions are referred to as jury charges. Attorneys may request that specific charges be given to the jurors but the eventual decision as to what charges to utilize is left to the judge. When the jury has reached a verdict, it is announced to the court. The judge may accept, reject, or modify the verdict based on his/her interpretation of the case, at which point a judgment is entered.

It is very important to utilize the services of an experienced attorney to help the value of your case.

The above information is only a brief summary of some of the basic items which should be addressed in a personal injury case. There are a great number of other instructions which should be followed in such a case. Not knowing your rights or proceeding without the proper representation could severely prejudice your case.

Cancer Misdiagnosis

Failure To Diagnose Or Delay In Diagnosing Cancer

1. What is a failure to diagnose or delay in diagnosing cancer case?

As is the case with many different types of diseases the key to the successful treatment of cancer is early diagnosis.

In many instances, people are diagnosed with cancer only after it has been present for a long period of time and has become advanced and usually results in death.

2. What are some of the causes resulting in failure to diagnoses or delaying to diagnose cancer?

Many different types of medical mistakes can lead to a delay in diagnosing cancer. Some of those causes may result form the following:

  • A doctor fails to understand or realize the importance of the patient s complaints;
  • A doctor fails to order the proper tests and/or improperly reads the results of the tests; or
  • A doctor fails to refer the patient to a specialist in a timely manner.

3. What should I do if I suspect that a doctor has not properly diagnosed cancer?

It is extremely important to have an experienced medical malpractice attorney who has expertise in the handling and presentation of misdiagnosis cases.

An attorney should be contacted immediately if one suspects that an improper diagnosis of cancer has taken place.

4. How do I go about getting experts to help me with my case?

Your attorney will be able to suggest a team of experts that can range from private investigators to doctors to economists to help develop your case.

5. Who will pay the expenses of hiring all of these experts?

In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.

If you suspect that a doctor has not properly diagnosed cancer for you or anyone in your family, please use our online form and tell us about your case.

Products Liability

1. What is a products liability case?

Products liability cases can involve a great number of situations and circumstances. Some examples of products liability cases may include:

  • The purchaser of a new product is injured when the product malfunctions and causes an injury;
  • A child is injured by a defective or poorly designed or unsafe toy;
  • A person is injured in a diving accident where the pool does not have a sign warning users of the danger of diving into it;
  • A poorly designed infant sear comes loose and injuries an infant; or
  • A child is born with birth defects after the child s mother took prescription medication.

2. What should I do if I am injured by a defective or unsafe product?

You should save the defective or unsafe product and keep it in a safe place. It may be necessary to have an expert study and report on his or her findings regarding the defective or unsafe product.

You should also keep any and all paperwork related to the product (i.e. sales receipt, any instructions or directions and any other documentation related to the product).

3. How do I know if I have a products liability case?

Almost any serious injury or death related to the use of a defective product might justify an award of money damages from the company which is responsible for making or selling the product.

4. How do I go about getting experts to help me with my case?

It is very important to have an experienced products liability attorney who has expertise in the handling and presentation of products liability cases. Your attorney will be able to suggest a team of experts that can range from private investigators to engineers to doctors to economists to help develop your case.

5. Who will pay the expenses of hiring all of these experts?

In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.

6. What can happen if I bring a products liability case?

A products liability case brought successfully on behalf of a victim not only can produce substantial money damages, but can have the desired social effect of causing legislation to be enacted establishing standards for safer products, causing manufacturers to make their products safer or even causing them to remove unsafe products fro the market.

CLAIMS ADJUSTERS AND WHY IT IS IMPORTANT TO HIRE A LAWYER

Insurance company claims adjusters are professional negotiators who have extensive experience in dealing with claimants who are not represented by attorneys. These adjusters use an array of techniques that include intimidation, befriending you and a number of other psychological methods designed to get you to accept the least amount of money possible for your claim.

Claims adjusters know that if they can keep the injured party negotiating there is a very great chance that a favorable settlement will be obtained in favor of the insurance company. Claims adjusters know that in almost every case an injured party will not file a lawsuit on his or her own because they do not possess the required level of skill, expertise or experience and therefore the only option they feel they might have is to obtain some type of settlement from the insurance company.

In many instances, claims adjusters will dissuade and discourage injured parties from hiring a lawyer by telling them that lawyer’s fee will cost a great deal of money leading the claimant to believe why pay a lawyer to do something he can do for himself.

Studies have shown that experienced lawyers can negotiate settlements and/or obtain verdicts that are many times higher than what the injured parties can negotiate for themselves. In other words, in most cases you will make out better after paying the lawyer than you would if you did not hire a lawyer and negotiated your own settlement.

If you have a serious injury, wrongful death or medical malpractice case, you should always contact us so we can find you an experienced lawyer before dealing with the other party’s insurance company to avoid creating problems for yourself.

In addition to the above considerations, there are a great number of complicated issues that arise in a personal injury or medical malpractice case. These different legal issues are fraught with potential problems and can sometimes be the subject of a malpractice action against an attorney who improperly handles a case.

1. STATUES OF LIMITATIONS

The statute of limitation (sometimes call statutes of repose or other similar names) is the time period specified by law within which an action must be filed. If you do not file within the applicable statute of limitations period your claim would be subject to dismissal that would prevent you from pursuing the claim regardless of the merit of the case.

Statute of limitations dates vary from state to state. Some states provide that the action be filed within the applicable time period from the date of the injury while other states allow for a tolling or extension of the filing period from the date of discovery of the injury.

Certain states allow for a tolling of the statute of limitations if the person is incompetent or is a minor until the person becomes competent or reaches their majority, under certain circumstances.

2. NOTICE PROVISIONS

There are also certain notice provisions that have very short limitation periods that deal with such issues as state, local or federal governmental entities. In certain circumstances, if you do not comply with the statutory notice provisions you might be precluded from filing a lawsuit even though it was filed within the applicable statute of limitations period.

The statute of limitations in any particular case may be somewhat difficult to calculate because a claim may involve different causes of action against different defendants. Once you miscalculate when the statute has run or if you fail to properly provide statutory notice you claim may be forever barred despite the validity of the claim or the extent of your damages.

3. JOINT AND SEVERAL LIABILITY

The doctrine of joint and several liability holds that when a number of defendants who engaged in separate and independent acts of negligence that combined to cause a single injury are held to be jointly and severally liable. In other words, if one party was 1% at fault and the other parties were 99% at fault, the party who was 1% at fault could be responsible for 100% of the damages suffered by the injured party.

The law of joint and several liability varies from state to state and a number of states have somewhat complicated variations or modifications of this rule.

4. VICARIOUS LIABILITY

Vicarious liability deals with the ability to hold institutions or companies liable for the acts of their non-employees. For example, in some states a hospital may be liable for the negligence of a physician acknowledged to be an independent contractor while in other states hospitals may not be liable for the acts of non-employee members of the medical staff.

5. EXPERT TESTIMONY

In certain states, a plaintiff in a medical malpractice suit must file a certificate of good faith, or other similar type document, that states that a medical expert has reviewed the file and has determined that there is a good faith basis for a malpractice claim.

6. THRESHOLD LIMITS

In some states, one’s injuries must exceed a minimum threshold of seriousness before being allowed to file suit. Some states define “serious injury” as an injury that results in death, dismemberment, significant disfigurement, a fracture, permanent loss of use of a body function or other significant permanent disability.

In other states, your medical bills must exceed a certain dollar figure or you must be out of work for a certain number of days before a person can file suit.

7. DAMAGE CAPS

A growing number of states have placed artificial caps on the amount of money an injured party is able to obtain for his or her injuries. In certain states, this cap applies whether the claim is for an injury or a death.

8. COLLATERAL SOURCE RULE

In certain states, the negligent party is allowed to offer evidence of certain collateral or other payments that the injured party received which would then be used to reduce the award that the responsible party would have to pay.

9. LAST CLEAR CHANCE

This legal theory holds that if a plaintiff has the last opportunity to avoid an accident or injury and fails to do so then that party will be held solely responsible for his/her injuries regardless of the negligence of the person who caused the accident.

10. PRE-JUDGEMENT INTEREST

Certain states allow for the court or jury to provide interest on the award that is made the plaintiff. The interest rates and commencement period for the running of interest vary from state to state.

11. ASSUMPTION OF RISK

This legal doctrine provide that a plaintiff who knowingly and voluntarily exposes himself/herself to a dangerous condition or situation which results in some type of injury may not be entitled to compensation due to the fact that the plaintiff has assumed the risk and agrees to accept the consequences.

12. IMMUNITIES

A number of states provide immunities in specific cases, generally to governmental entities and their employees. Certain states provide for abbreviated notice provisions which mean that you have a much shorter period of time in which to provide a required notice to a governmental agency or employee, that must be made to a state agency or claims commissioner before a claim can be reviewed.

13. CONTRIBUTORY NEGLIGENCE

Certain states follow the doctrine of contributory negligence which states that a plaintiff is prevented from recovering for damages caused by someone else’s negligence if he or she contributed or was in any way responsible for the negligence or injury.

14. COMPARATIVE NEGLIGENCE

Certain states follow the doctrine of comparative negligence which states that a plaintiff’s damages may be reduced if the plaintiff is in any was at fault for the accident. In some states, if the plaintiff is found to be fifty percent at fault for the injury or accident then no damages will be awarded. In other states, regardless of the plaintiff’s percentage fault in the accident, the award will be reduced by the same percentage.

15. OVER TREATMENT

Claims adjusters, in many instances, allege that the injured party over treated for the injuries that he or she sustained as a result of the negligence of another. In yet other instances, the insurance adjuster will claim that excessive tests were ordered or that the injured party was over charged for treatment that he/she received.

This partial list of potentially problematic legal issues is only the tip of the iceberg as far as matters that must be investigated before proceeding with a claim are concerned. If one of these issues is overlooked or not dealt with properly, it could result in very serious negative consequences for your case not the least of which could result in the dismissal of your case without a prospect of recovering anything at any point in time.

The above information is only a brief summary of some of the basic items which should be addressed in a personal injury case. There are a great number of other instructions which should be followed in such a case. Not knowing your rights or proceeding without the proper representation could severely prejudiceyour case.

Closed Head Injury

1. What is a closed head injury?

A closed head injury refers to damage caused to the brain from an injury resulting in no visible trauma to the skull.

2. What are the causes of closed head injuries?

Motor vehicle accidents account for the majority of closed head injuries. Other examples of closed head injuries include:

  • Falls; and
  • Sports and recreational accidents.

3. What are the general symptoms of a closed head injury?

Because the types and degrees of closed head injuries are so varied, the general symptoms can be quite different. The physical symptoms can range from inability to remember, difficulty in concentrating, difficulty in understanding and processing information, loss of balance, and loss of sense of time.

4. How do I go about proving the seriousness of my closed head injury?

There are a great number of issues that must be investigated and documented regarding a closed head injury.

It is important to have proper tests done by medical experts to understand the nature and extent of your closed head injury.

It may also be helpful to employ other experts to help develop and explain how your injuries have affected you and how they will affect you for the rest of your life.

5. How do I go about getting experts to help me with my closed head injury case?

It is very important to have an experienced personal attorney who has expertise in the handling and presentation of closed head injury claims. Your attorney will be able to suggest a team of experts that can range from private investigators to psychologists to vocational rehabilitation therapists to economists to help develop your case.

4. Who will pay the expenses of hiring all of these experts?

In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.

1. What is a Slip and fall down case?

A fall down case or what is commonly referred to as a slip and fall accident occurs when a person falls through the fault or negligence of another.

2. What are some causes of Slip and fall down cases?

Fall down cases can occur as a result of a great number of situations, some of which may include:

  • A slippery surface;
  • Improper or defective flooring;
  • Objects that extend into the walking area;
  • Poor lighting;
  • Uneven surfaces; or
  • Conditions where a hazard exists and no warnings are posted.

3. Is the owner or tenant of the property liable for your injuries?

The laws of each state set forth certain principles that determine whether or not a property owner and/or tenant are liable. The status of the injured party might be important in determining liability. Was the injured party a business customer, a social guest, a letter carrier or a trespasser?

A general statement that might cover most fall down cases is that the owner or person in charge of the property must exercise reasonable care in the maintenance of their property and has a duty to warn visitors of any dangerous or defective conditions that are known or should be known by them.

4. What should I do if I am involved in a fall down incident?

It is very important to contact an experienced personal injury lawyer who has expertise in the handling and presentation of fall down cases. An experienced personal injury attorney might advise you to:

* Get the names of all of the witnesses to your fall;

* Get photographs of the fall site including the dangerous condition; and

* File a report about the fall.

An experienced personal injury attorney might also hire a private investigator to uncover and develop the supporting evidence and testimony that would be necessary to advance your claim as well as be able to suggest a team of experts that can range from private investigators to doctors to economists to help develop your case.

5. Who will pay the expenses of hiring all of these experts?

In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.

Birth defects and injuries can result from a number of different causes. Some of these injuries may occur during the period when the mother is pregnant with the child and may result from medication or toxins that the mother is exposed to prior to the birth of her child.

Sadly, sometimes an otherwise healthy child is injured during the time of delivery. This may result because an unskilled doctor is unaware of a problem and forces the child out of the birth canal by use of forceps, suction or pulling on the child s head.

Another form of birth defect and injury is what is generally described as traumatic birth injury. This situation occurs in the form of a trauma to the brain during delivery. This condition could be the result of a lack of oxygen to the child s brain during delivery.

If your child s birth defects are the result of a doctor, hospital or other health care provider s negligence, you may be entitled to significant damages.

1. What is a wrongful death case?

A wrongful death case alleges that someone s wrongful conduct results in the death of another.

A surviving dependent or beneficiary of the deceased person could start a case against the person responsible for the death of the deceased. The damages could include physical and mental suffering, loss of earnings, medical and funeral expenses.

The surviving spouse and children may also be able to pursue a wrongful death claim against the responsible party for damages that they incurred as a result of the relative s death.

2. If I have a wrongful death case what should I do?

It is extremely important to have an experienced personal attorney who has expertise in the handling and presentation of a wrongful death case.

It is critical not to do anything that might have a negative affect upon your case. An experienced attorney might advise you not to give any statements or sign any authorizations so it is important to get the advice of an experienced attorney before you do something that could have a negative impact upon your case.

3. How do I go about getting experts to help me with my wrongful death case?

An attorney experienced in wrongful death cases will be able to suggest a team of experts that can range from attorneys, to, depending upon your case, a private investigator, doctors, and economists to help develop your case.

4. Who will pay the expenses of hiring all of these experts?

In most cases, the law firm or attorneys or lawyer will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.