Accident, Injury and Wrongfull Death

FDA Alert, New England Pharmacy Fungal Medication

As menigitus spreads the FDA issues as alert. Medical professionals are put on guard regarding tained steroid medication for New England Compouding Center :

New England Compounding Center (NECC) Potentially Contaminated Medication: Fungal Meningitis Outbreak
October 6, 2012 Med Watch Alert

[UPDATED 10/06/2012] On October 4, 2012, the CDC and FDA recommended that all health care professionals cease use and remove from their pharmaceutical inventory any product produced by the New England Compounding Center (NECC), located at 697 Waverly Street in Framingham, MA. The Massachusetts Department of Public Health (DPH) is collaborating with the U.S. Centers for Disease Control and Prevention (CDC) and the Food and Drug Administration (FDA) on a multi-state investigation of Aspergillus meningitis among patients who received an epidural steroid injection.

As of October 4, 2012, 35 cases have been reported to CDC, including 5 deaths. The three principally implicated lots have not been distributed in Massachusetts. According to CDC, fungal meningitis, which is not transmitted from persons to person, from a potentially contaminated drug product is suspected to be the cause of the outbreak. At this time, no cases have been reported in Massachusetts. Specific information on these recalled products is located at the links provided below. Additionally, the CDC is updating information for clinicians daily at 2 pm at the following webpage: http://www.cdc.gov/hai/outbreaks/meningitis.html.

With questions regarding case definitions of Aspergillus meningitis, please contact the DPH Epidemiology Hotline: 617-983-6800.

 

[Posted 10/05/2012]

ISSUE: FDA has observed fungal contamination by direct microscopic examination of foreign matter taken from a sealed vial of methylprednisolone acetate collected from New England Compounding Center (NECC). FDA is in the process of conducting additional microbial testing to confirm the exact species of the fungus.

Investigation into the exact source of the outbreak is still ongoing, but the outbreak is associated with a potentially contaminated medication. That product is preservative-free methylprednisolone acetate (80mg/ml), an injectable steroid produced and distributed by New England Compounding Center (NECC) in Framingham, Massachusetts. CDC’s interim data show that all infected patients received injection with this product.

BACKGROUND: FDA was been working closely with CDC, several state health departments, and the Massachusetts Board of Pharmacy to investigate the scope and cause of the outbreak of fungal meningitis. FDA inspectors in the New England District Office, in cooperation with the Massachusetts Board of Registration in Pharmacy have been conducting an inspection of the New England Compounding Center. The firm voluntarily ceased all operations and surrendered its license to the Massachusetts Board of Registration in Pharmacy on October 3, 2012.

RECOMMENDATION: Out of an abundance of caution, FDA is taking the additional step of recommending that health care professionals and consumers not use any product that was produced by NECC at this time. In addition, FDA requests that health care professionals retain and secure all remaining products purchased from NECC until FDA provides further instructions regarding the disposition of these products.

Although the investigation into the source of the outbreak is still ongoing, if you have purchased a product from NECC, FDA is advising not to use it at this time. This includes all products compounded and distributed at NECC; not just the ones that have been recalled. Please see the CDC website for additional information.

Healthcare professionals and patients are encouraged to report adverse events or side effects related to the use of these products to the FDA's MedWatch Safety Information and Adverse Event Reporting Program:

Fort Lauderdale Injury Lawyers, Auto Accident Lawyers, Car Crash Attorneys

The most common car accident injuries our FT Lauderdale injury lawyers see are head injury. Head and brain  injury is a big part of the car accident settlements in Florida. Looking for 411 pain or Morgan and Morgan?  Why not try our auto accident lawyers? We have been here since 1991 helping people just like you.

A auto collision, a traffic accident, motor vehicle collision, motor vehicle accident, car accident, automobile accident, Road Traffic Collision (RTC), car crash, occurs when a vehicle  crashes into  another vehicle, or hits a pedestrian, animal, road debris, or other stationary obstruction, such as a tree or utility pole. Traffic collisions may result in injury, death and property damage.

Hitting the windshield or falling out from the car, when not being harnessed with a safety belt, are main reasons for head injuries in car accidents. head injuries can be concussion or TBI also known as traumatic brain injury

  •     unconsciousness,
  •     head pain,
  •     bleeding
  •     visible head deformities,
  •     nausea and dizziness
  •     Tenderness or instability of head bones upon pressing
  •     Painful mouth opening (temporomandibular joint (TMJ) pain)
  •     Problems with memory and concentration
  •     Pupils of unequal diameter, or excessively wide or narrow
  •     Nosebleeds or clear liquid (liquor) leaking from the nose
  •     Impaired vision, hearing, smelling or unusual sensations in any body part
  •     Weak or paralysed limbs

In order to asses the value of an auto accident case, car accident lawyers look at the extent of injury. Injury is proven by medical documentation bit sometimes additonal investigation is required to make the point of severe debilitating permanent injury. The impact analysis is an important part of making a case for montetary damages. The severity of the collision must be proven. An auto accident reconstruction expert is brought in by your auto accident lawyer to help make the case for the severity of the auto collision.

Collision severity is the quantification of the intensity of an impact.  In traffic accident reconstruction, the impact of interest is typically between two vehicles (e.g. automobile, truck, bus, motorcycle, or bicycle), between a vehicle occupant and the vehicle interior, between a vehicle and pedestrian, or between a vehicle and a fixed object (e.g. building, wall, tree, rock, or other landscape feature).

The case must be made for compensatory damages and the statement of facts will include a arguement for

 

  •  A dollar figure  will be put on all the consequences of  your auto accident by your personal injury lawyer.
  • reimbursement for property damage
  • medical bills. pain and suffering
  • inability to enjoy hobbies
  • physical limitations caused by accident-related injuries.
  • wrongful death of a loved one
  • Medical treatment current past and future
  • Income. your salary and wages
  • compensation for an accident victim's "loss of earning capacity."
  • Property loss.
  • ongoing pain that can be attributed to the accident.
  • Emotional distress
  • Loss of enjoyment.
  • Loss of consortium.

The concept of negligence will be brought up. The insurance company will argue you role in the accident. The more they can say you contributed the less monetary value your  case will have. That is why an experienced Fort Lauderdale auto accident lawyer must be hired for your auto accident lawsuit.

 

Auto Accident Lawyers South Florida, Dade, Broward Palm Beach

South Florida is a world of diverse driving habits with people from all over the country and  overseas including residents and visitors. This leads to highways that are very dangerous and accidents that can be fatal. You add to the mix senior citizens and we have auto accidents on a daily basis. With dangerous highways like I 95 and the Florida Turnpike and drivers speeding on local city streets, busy  south Florida becomes a continous obstacle course.

High impact auto accidents can cause very serious injuries, to virtually any part of your body, depending on the circumstances of the crash and the severity of the impact. .

Brain and Head Injuries are very common in auto accidents. This can be a mild concussion or a traumatic brain injury (TBI).

Neck Injuries are very common auto accident injuries. This includes strains,sprains and  spinal injury.

Back Injuries including sprain, strain, fracture, disc injury, thoracic spine injury, lumbar radiculopathy, and lumbar spine injury can result form an auto accident.

Face Injuries  can occur from hitting the  steering wheel, dashboard, airbag, windshield, side window, car seats or shattered glass. These injuries range in severity from scrapes and bruises, to laceration and fractures, even Temporomandibular disorders of the jaw (TMJ) and serious dental injuries as well as disfigurement and facial scarring.

Psychological Injuries can be a very serious reaction to a serious auto accident. Especially after serious car accidents involving severe injuries and even loss of life, drivers and passengers may suffer short or long-term psychological post traumatic stress syndrome, depression, inability to sleep, crying spells and even rage and panic attacksmay develop. Post traumatic stress disorder (PTSD) is a very real response to a severe auto crash. Auto accidents can be caused Driver Inattention and negligence, speeding, Drunk drivers, drugs, reckless driving, bad road conditions, Improper vehicle maintenance , defective products or car parts, trucking Company Violations, reckless motorcycle drivers, late night out, exhausting work schedules, tail gateing and defective tires.

Auto Accidents Include and can result in :

  • Brain Injury,
  • Child Injury,
  • Head On Collisions,
  • Insurance Bad Faith,
  • Motorcycle Accidents,
  • bycycle accidents,
  • Negligence,
  • Paralysis,
  • wrongful death,
  • Pedestrian Accidents,
  • Rear End Accidents,
  • Side Impact Collisions,
  • Spinal Injury,
  • Truck and Big Rig Accidents

If you are in a South Florida Auto accident call the auto accident legal team or free legal shield, always a free consultation, no fee to you unless you win a settlement.

 

What is Maritime Injury Law ?

What is the Maritime Injury LawMaritime injury and Accident Helpline

 Admiralty law or Maritime Injury law is a highly specialized area of the law that can generally be described as that area of the law having legal control over vessels (ships, boats, barges or any other structure) that navigate (move from place to place) over water.

The federal courts have exclusive jurisdiction over claims on the high seas , Admiralty claims, and these Maritime claims are tried in the Federal Courts without a jury. The exceptions are personal injury cases which by a proposition known as the ”saving to suitors clause” can be brought, at the option of the injured person in a State court with a jury as would any personal injury lawsuit.

In the United States constitution we incorporated English Admiralty law in its entirety as the basis for United States Admiralty law. As ships move across water from country to country the world has found it best to make the Admiralty laws of each country consistent with one another.

This is done by agreeing to many international treaties on various legal issues. That having been said the United States probably has the most generous provisions to help those injuries governed by Admiralty law. London and New York have traditionally been the centers for world admiralty law.

Maritime injuries

The first and most important aspect to consider is the date of the injury. There is a three (3) year Statute of Limitation for all injuries on the seas or Admiralty cases which means if you do not sue the negligent party who injured you within three (3) years of the date of the injury you forever lose your right to file this law suit and all your legal rights.

An exception that hurts injured passengers says that a passenger carrier can put a provision in the passenger ticket requiring a six (6) month notice of injury provision of the injury claim and requiring law suit within one (1) year of the date of the injury. Every passenger ticket has this provision, and it is necessary to save your passenger ticket.

Jones Act and Seaman Injuries

These are personal injuries that happen to a crew member of a vessel. To be crew (a seaman) you must be attached to a vessel or fleet of vessels under the same ownership while performing approximately thirty (30) percent of your work, and that work must aid in the mission (job) of the vessel. The Courts have a broad definition aiding in the job of the vessel. (For example a ship’s dancer is crew, as is the person who comes to a docked vessel in navigable waters regularly to clean and then goes home)

If you are a Jones Act Seaman the law gives you special protection. You are, among other things, a “Ward of the Admiralty Court”. Your burden of proof at trial is small as you must prove negligence only greater than a scintilla (small amount) of evidence to recover for your injury. You have the right to seize the property of the vessel to protect your rights.

The ship owners have a classic technique to defeat Jones Act claims it is called “attack the plaintiff.” You and your lawyer must be prepared for this attack. Remember the defense lawyer earns his living by “attacking the Plaintiff.”

General Maritime Law Negligence and Un-seaworthiness

These actions are also available to the Jones Act seaman. the burden of proof is preponderance of the evidence (more than 50% percent), and seaworthiness is a concept that requires the vessel owner to put his vessel in to a seaworthy (able to properly go to sea and fully perform the mission of the vessel) condition before the voyage, and if he fails to live up to that responsibility and that failure causes injury the owner is liable for that un-seaworthiness.

Extremely important is maintenance and cure which is part of general admiralty law and applies to all crew. If you are injured or fall ill during your course and scope of employment on a vessel; the vessel owner must pay you your living expenses (maintenance) and your medical expenses (cure) until you have reached what is called “maximum medical improvement” (MMI). Failure on the part of a seaman’s employer to supply maintenance and cure may subject the employer to severe penalties.

Passengers and others who board a vessel for business purposes.

The care owed to these injured people is “reasonable care under the circumstances.” At first look it is a standard quite similar to injuries that happen on land. The difference is that a ship and the sea can be inherently dangerous places, and require a much more specialized knowledge to determine what exactly were the circumstances and what would be reasonable care considering the danger.

Workers Compensation injuries in Georgia, Workers Compensation Lawyer

 

Written by Attorney Referral Service. Posted in Legal News

Workers compensation Injuries in Georgia are  the highest in retail with a close second in the construction industry. These injuries are occurring for the most part in: Atlanta, Macon, Albany, Savanah, Valdosta and Columbus Georgia although people are injured on the job thru-out Georgia

About Workers Compensation Lawyers and Workers Compensation

If your loved one was killed on the job or died due to conditions at his or her workplace in Florida or Georgia, or if you have been injured or sickened in relation to your job, call Jewish lawyers USA for a Jewish lawyer near you for help getting your workers compensation benefits. An attorney who specializes on handling workers compensation matters will maximize the likelihood of receiving benefits in a timely and effective manner. If you have been denied workers compensation benefits in; Albany GA; Athens GA; Atlanta GA; Augusta GA; Brunswick GA; Columbus GA; Macon GA; Northwest GA GA; Savannah GA; Statesboro GA; Valdosta GA, Savannah, Tifton and all of Georgia.

While Georgia and Florida have their own workers compensation act, the federal government has also implemented several workers compensation acts in an effort to protect workers’ safety. The main purpose of each of these workers compensation laws (acts) is to compensate and provide medical care for:
    •    workers who are injured while on the job in Georgia and Florida
    •    those who are made ill or disabled by conditions at their jobs, and
    •    the surviving dependents of a worker who is killed on the job or dies from an illness incurred because of his or her job conditions
Each state and the federal government each have their own Workers Compensation Act which compensates workers who are injured during the course of their employment. Each workers compensation act is designed so that employees can receive fixed monetary compensation for their injuries without the need for legal action. The workers compensation act that is applicable to an individuals employment is dependent upon who they are employed by and the industry they are employed in.
Workers Compensation Benefits Depend on Several Factors
Each workers compensation act is designed so that employees can receive medical care and fixed monetary compensation for their injuries without the need for legal action. The workers compensation act that is applicable to an individual's employment depends on:
    •    the state he or she is working in
    •    who he or she is employed by
    •    the industry that employs him or her

State Workers Compensation Acts
Most states have their own workers compensation act that details the workers compensation benefits that people employed in that state are eligible to receive. The specific laws in each state vary. Among the states that provide their own workers compensation acts and systems are:
    •    Alabama Workers Compensation
    •    Illinois Workers Compensation
    •    Pennsylvania Workers Compensation
    •    Indiana Workers Compensation
    •    Louisiana Workers Compensation
    •    Texas Workers Compensation
    •    California Workers Compensation

Florida and Georgia do not.

The Federal Workers Compensation Act
The federal government has a workers compensation act (the Federal Employees' Compensation Act, or FECA) that covers all non-military personnel employed by the U.S. (federal) government. Enforcement and administration of all laws contained within the federal workers compensation act rests with the Office of Workers Compensation Programs.
There are some cases of disability and death that are not covered by a federal workers compensation act. These include cases where the employee was injured:
    •    because of self-inflicted harm
    •    while under the influence of drugs or alcohol, or
    •    while violating some employee policy
In cases of death, the beneficiaries of the decedent are eligible to seek compensation for the monetary damages resulting from the fatal injury.
Industry-Specific Workers Compensation Acts
    •    The Federal Employment Liability Act (FELA) applies to injured, disabled or killed railroad workers.
    •    The Merchant Marine Act/Jones Act is a federal workers compensation act for "seapersons."
    •    The Longshore and Harbor Workers Compensation Act is for employees who become disabled from injuries that occur on the navigable waters of the U.S. or in adjoining areas that are for used for loading/unloading, building, or repairing a vessel. The LHWCA also provides benefits for such employees' dependents after a work-related death.
    •    The Black Lung Benefits Workers Compensation Act protects workers who are injured in the mining industry.
    •    The Energy Employees Occupational Illness Workers Compensation Act provides protection to employees of the Department of Energy who are killed or injured during the course of their employment.

Types of Federal Workers Compensation Act
There are a few types of federal workers compensation act that cover employees in particular industries. The Federal Employment Liability Act is the workers compensation act that applies to injured, disabled or killed railroad workers. Given the dangers of railroad work, special protections are offered to these employees through this workers compensation act.
The Merchant Marine Act/ Jones Act is a federal workers compensation law that provides benefits to seapersons when they are injured or killed on the job. There is a similar workers compensation act called the Longshore and Harbor Workers Compensation Act. This workers compensation act provides compensation to persons who suffer an occupational disease that arises out of employment that occurs on the navigable waters of the United States or any adjoining waters.
The federal government also governs two other workers compensation acts for specific federal employees. The Black Lung Benefits workers compensation act protects workers who are injured in the mining industry. The Energy Employees Occupational Illness workers compensation act provides workers compensation protection to those persons employed by the Department of Energy who are killed or injured during the course of their employment.

Workers compensation law is a complex and ever-changing field. To get the most effective and knowledgeable assistance, you should speak with an experienced workers compensation attorney near you who understands the laws governing your state. A workers compensation lawyer will be able to thoroughly evaluate your case and fight to ensure you recover the compensation you are entitled to. To schedule a private consultation, please contact us today.
Each state also has their own workers compensation act that details the benefits that people employed in that state are eligible to receive. These benefits are similar to those offered by the federal government, though the specific laws in each state may vary.
All 50 states and the federal government currently have workers compensation laws in effect. In the case that employees become ill or injured, or dies in the course of their employment workers compensation laws spell out the entitlement of the employees or their families/dependents to collect workers compensation benefits. Workers compensation laws protect the employee and the employer alike, by guaranteeing a certain amount of financial protection for each party.
Workers compensation laws are in effect at both the state and federal level to protect the incomes of employees who are injured, become ill or die due to conditions at their places of work. A vast and complex patchwork of workers compensation laws spell out the entitlement of employees or their families/dependents to collect workers compensation benefits. In addition, workers compensation laws protect both employees and their employers by guaranteeing a certain amount of financial protection for each party.

Job Safety Protected by Workers Compensation Laws
Workers compensation laws were enacted to avoid court delays, encourage safety in the workplace, and allow for a reliable source of income and benefits. Under workers compensation laws, an employee will receive certain funds and benefits, regardless of fault or negligence. The payment of workers compensation is virtually automatic, so long as the employees claim follows the workers compensation laws of the state and federal governments.
Although they do afford some protection to injured employees, there are some limitations to workers compensation laws, and even more misunderstandings about what they mean. Independent contractors are not eligible to collect benefits under workers compensation laws, although the definition of an "independent contractor" is often vague at best. Injured parties who are entitled to claims under workers compensation laws are not getting a blank check-there are very specific limitations on the amounts and types of funds that can be recovered under workers compensation laws. For instance, there is no provision for special sums of money for things such as "pain and suffering" in the workers compensation laws used by most states.
Workers compensation laws were enacted to:
    •    Allow for a reliable source of income and benefits for the injured
    •    Encourage safety in the workplace
    •    Avoid court delays.
California workers compensation law is a typical example. Under the various state and federal workers compensation laws, an employee will receive certain funds and benefits regardless of fault or negligence.
What Workers Compensation Laws Can and Cannot Do
Although they provide protection to injured employees, workers compensation laws do have some limitations, and there is a fair amount of misunderstanding about what workers compensation laws can and cannot do. For example, independent contractors are not eligible to collect benefits under workers compensation laws, but the definition of an "independent contractor" is often vague at best.
Limitations on Workers Compensation Benefits
In addition, injured parties who are entitled to benefits under workers compensation laws aren't getting a blank check — there are very specific limitations on the amount and types of funds that can be recovered. For instance, there is no provision for money for things such as "pain and suffering" in the workers compensation laws used by most states.

How a Workers Compensation Law Firm Can Help
Because of the amount of variance between the workers compensation laws from one state to another, it is strongly advised that injured employees consult a workers compensation lawyer who understands the laws that apply to their specific circumstances. An attorney for workers compensation matters will be qualified to interpret the state and federal laws will be able to provide legal guidance and assistance to ensure full recovery of all funds to which the claimant is entitled. For more information or to schedule a private consultation with a workers compensation attorney in your area, contact us today.

A significant portion of all accidental injuries occur in the workplace. While many work related injuries tend to be minor, more serious injuries – including permanent disability and death – can and do occur. Fortunately, when an injury is sustained in the workplace, workers have a legal right to pursue compensation by making a claim through workers compensation.
If you have been injured in the workplace, you need to ensure that your legal rights are protected. Please contact us today to speak with an experienced workers compensation attorney free of charge.

About Workers Compensation
All employers are required to keep workers compensation insurance. Workers compensation laws exist to protect both the worker and the employer in the event of a work injury. These laws ensure that employees who are harmed while on the job receive proper compensation for their injury, including medical expenses and lost wages. Workers compensation also enables dependents of workers who are killed on the job to receive compensation for their losses.
Some criticize workers compensation because it can restrict a worker who may have been seriously victimized, or very seriously hurt, from seeking larger amounts of compensation if they feel it is due. Workers compensation does limit such lawsuits, but it does not disallow them altogether. A qualified attorney can evaluate your case and determine your eligibility to file an additional personal injury claim.
Injuries Covered by Workers Compensation
Workers compensation covers most injuries a person can sustain while working, including injuries incurred through ones own fault. It does not, however, cover injuries sustained while the worker was intoxicated or under the effect of illegal drugs. Nor does workers compensation cover injuries sustained in the course of a crime. Some of the more common injuries workers compensation does cover are:
    •    Worsened preexisting injuries, such as back injuries
    •    Diseases contracted in the workplace due to repeated or prolonged exposure to dangerous substances such as asbestos
    •    Mental or physical work-related stress
    •    Injuries caused by machinery
    •    Slip and fall accidents
    •    Repetitive stress injuries such as carpal tunnel syndrome
Injuries sustained during breaks, lunch hours, and while at company-sponsored events are all covered by workers compensation.

Legal Action for a Workers Compensation Case
Workers compensation is a system of laws with guidelines and procedures that vary from occupation to occupation, and from state to state. Those considering seeking workers compensation should seek the counsel of a qualified workers compensation lawyer.
Workers compensation insurance is required for almost all employers in the U.S. that have at least three employees. State and federal laws require that employers carry workers compensation insurance in order to protect employees injured or killed on the job or made ill by the conditions at their place of work. The benefits typically covered by workers compensation insurance are:
    ▪    medical bills
    ▪    disability income
    ▪    a portion of lost wages
    ▪    vocational rehabilitation
    ▪    death benefits for the dependents of a deceased employee
The amount of workers compensation insurance coverage is mandated by the state; thus, benefits do not vary between employers within the same state. The Texas and California workers compensation systems are two of the largest workers comp. systems in the United States. The federal version of workers compensation insurance is provided for employees of the federal government, and others.
State and federal laws require that employers carry workers compensation insurance in order to provide for employees injured or killed on the job. Benefits provided to employees include a portion of workers compensation lost wages, medical bills, vocational rehabilitation, and death benefits. The amount of workers compensation insurance coverage is mandated by the state-benefits do not vary between companies within the same state, although workers compensation insurance policies in different states may not be similar.

How Workers Compensation Insurance Works
The cost of a workers compensation insurance policy is the responsibility of the employer, who pays all premiums. When workers or their dependents file claims for workers compensation benefits, the insurance companies pay out the income and cover the cost of benefits. In this way, workers compensation insurance protects the employer from any other liability, and protects employees by providing benefits in the case of injury.
If an employer does not carry workers compensation insurance, or does not carry the required amount, the employer can be held responsible for the amount that would have been paid for by the workers compensation insurance companies. Additionally, employers may be subject to severe fines and even jail time for failing to carry a sufficient workers compensation insurance policy.
Benefits from Workers Compensation Insurance
In the case of injury or death on the job site, employees should file a claim with the workers compensation insurance system in their state (or the federal government, for federal employees) as soon as possible. It is the legal duty of the employer to ensure that injured employees get the benefits to which they are entitled without delay. In cases of extreme negligence, workers compensation insurance may not protect the employer from litigation stemming from a job-related injury or death.
Workers Compensation Insurance Cost
The cost of a workers compensation insurance policy is the responsibility of the employer, who pays all premiums. In the case that a workers compensation insurance claim is filed by an employee, the insuring company pays the required amount. In this way, workers compensation insurance protects the employer from any other liability, as well as protecting the employee by providing benefits in the case of injury. If an employer does not carry workers compensation insurance, or does not carry the required amount, then the employer can be held responsible for the amount that would have been paid for by the workers compensation insurance. Additionally, employees may be subject to severe fines and even jail time for failing to carry sufficient workers compensation insurance policy.

When an individual is injured on the job, members of the Workers Compensation Commission are responsible for determining the level of benefits he or she is eligible for. The commission, also known (in certain states) as the Workers Compensation Board, serves as the decision maker when it comes to workers compensation benefits. The Texas and Illinois workers compensation systems have the largest workers compensation commissions in the U.S.

Most Large Employers Required to Contribute
The Workers Compensation commission or board in nearly all 50 states (the Texas workers compensation commission is the sole exception) is part of a state system that requires every employer with three or more employees to pay into the states Workers Comp system, so that when an employee is made ill by conditions at the workplace, or is injured in an accident at work, there will be a substantial fund of money from which workers comp benefits can be drawn.
State Specific Requirements and Guidelines
In most cases, full-time, part-time, and even temporary employees are covered under their states workers compensation system. The Commission or Board in your state has the specific guidelines and rules that both employers and employees must follow to process a request for benefits, which are usually a minimum of:
    •    Income benefits (to replace the income that a worker loses when he or she cant work due to the job-related illness or injury)
    •    Medical benefits (to cover the costs of the workers medical care, including rehabilitation or recovery care)

Pursuing a Workers Compensation Claim
Whether or not you have contacted your states workers compensation commission, it's a good idea to consult a workers compensation attorney near your home who will evaluate your injury and help you recover the compensation you are entitled to.
A  Georgia and Florida Workers Compensation Attorney can Help you  by:
    •    Getting all of the documentation relevant to your injury or illness
    •    Correctly and thoroughly completing the forms and requirements laid out by the workers compensation commission
    •    Appearing and speaking on your behalf at your workers comp hearing and/or appeal hearing
    •    Interceding with physicians to work out agreements for them to wait for payment of services until the workers comp settlement is paid out

Work related injuries could limit or end your ability to perform your usual occupation. Whether these work related injuries last a few days or the remainder of your life, their affects are far-reaching. Work related injuries can result in permanent disability. Often, they result in financial losses: work related injuries can require costly medical treatment and recuperation time may mean lost wages.
Work related injuries are any injuries or illnesses that result from the employees required job duties. Work related injuries can happen at any mandatory event or location, or whenever the employee is being paid.

Workers Compensation for Work Related Injuries
Work related injuries can be settled quickly and easily, but sometimes involve extensive litigation. Those who suffer work related injuries should report them as soon as possible to their employer using the proper forms. Work related injuries should also be investigated by a physician, as medical evidence for claims of work related injuries is generally required in the form of a physicians statement. Evidence of work related injuries allows the victim to qualify for workers compensation and associated workers comp benefits. While the documentation for work related injuries is usually submitted through the employer, generally a state or federal workers compensation office decides the work related injuries claims.
A Georgia  Work Related Injury Lawyer
If you or a loved one has suffered as a result of work related injuries, you may wish to investigate your legal rights. Individuals with work related injuries often recover the cost of treatment and hospitalization, as well as be entitled to other benefits that could include workers compensation lost wages. A workers compensation attorney might be able to help you determine the best course of action to take.

A workers compensation settlement determines the provisions of a workers compensation claim with regards to benefit awards. Each local, state, and federal jurisdiction have there own rules that determine the types of settlements that may be available and what these entail. A workers compensation settlement will provide the terms of how and what benefits will be paid out.
Receive Compensation Through a Workers Compensation Settlement
Workers compensation laws were created in order to protect both employees and employers in the event of injuries, disability, and death that arise out of and in the course of a workers employment. These laws provide a “no fault” context in which employees can receive compensation for their injuries without the need for exhaustive and costly legal disputes. Most workers compensation claims are handled in this manner without the need for dispute or litigation.
Workers compensation insurance must be purchased by an employer and is usually obtained from a private insurance company that has clearly established rules that define the benefits injured employees are eligible to receive. As a general rule, there are six types of workers compensation benefits that an employee can receive through a legitimate workers compensation claim. These include:
    •    medical care
    •    temporary disability
    •    permanent disability
    •    vocational rehabilitation
    •    supplemental job displacement
    •    death benefits
In more serious cases of disability and death, a workers compensation settlement can involve some degree of dispute and litigation. This means that a workers compensation settlement must be negotiated through mediations with the relevant department of workers compensation appeals board or some other referee. The help of a legal professional is vital in these cases to ensure that your interests are protected and maximized through negotiations of a workers compensation settlement. Most times, a workers compensation settlement is settled out of court and a disposition is reached without extensive third party intervention.

Types of Workers Compensation Settlements
There are a few different types of workers compensation settlements that might determine the benefits that will be awarded in the event of employment-related death or disability. A stipulated workers compensation settlement is usually desirable when an employee is still employed by the same company. In this type of workers compensation settlement the case can be re-opened for a certain period of time and changes can be made to benefits requirements. A “compromise and release” or “full and final” workers compensation settlement involves compromise and once decided upon cannot be modified even if a victims condition worsens or changes. There is also the option of a structured workers compensation settlement which is similar to the compromise and release and is usually reserved for bigger cases.
In most cases benefits are distributed to a victim over a specified period of time. Only in rare circumstances will a lump sum payment be awarded in a workers compensation settlement. The help of a workers compensation attorney can be a victims best advocate in the workers compensation settlement process.

A workers compensation premium is what an employer pays an insurance company in order to gain workers compensation insurance for their employees. Employers are required by law to carry this type of insurance and may be subject to criminal charges leading to fines and/or jail time if found without workers compensation insurance coverage. Employers who are found without workers compensation insurance may also lose the right to practice in their professional field.
Local, State and Federal Laws for Workers Compensation
Workers compensation is governed by local, state, and federal law which requires that all employees be covered under workers compensation. Workers compensation laws were created in order to provide employees who suffer legitimate injuries, disability, or death arising as a result of their employment with compensatory benefits. These laws are aimed at preventing legal disputes and provide a “no-fault” system which protects both employees and employers from legal disputes and other adverse consequences of injuries that are sustained on the job.
A private employer is required to become self insures or obtain workers compensation insurance from a private licensed insurance company or a state insurance company that is authorized to provide workers compensation insurance. A workers compensation premium is the payment that an employer pays the insurance company in exchange for coverage. The responsibility of paying a workers compensation premium rests solely on the employer, and it is unlawful for employees to contribute to workers compensation insurance.

Workers Compensation Premium Factors
A workers compensation premium is determined by a number of factors. The amount of money that is required to meet a workers compensation premium payment is determined by: the businesss industry classification, the companys past history of work related injuries, the employers payroll, and any other special considerations such as the use of particular health care providers or participation in any other programs.
The government agencies that administrate and manage workers compensation compliance function with the goal of minimizing the adverse consequences of work injuries on both employers and employees. As a result of these goals, workers compensation agencies provide support and information to both employees and employers. Employers can contact the appropriate agency to find out what is required of them under workers compensation laws. Employers can also receive helpful information such as ways to lawfully reduce a workers compensation premium.

Workers Compensation Lawyers Protect your Rights
It is important to note that an employer commits workers compensation fraud if s/he unlawfully manipulates the facts in order to lower their workers compensation premium. This deceitful manipulation of the factors relevant to a workers compensation premium can include any falsification of facts, including the number of employees that are to be covered or the nature of their work. Paying a workers compensation premium is considered part of the cost of running a business, and is therefore considered wholly the responsibility of employers. Employers can be held legally liable for any breech of this requirement.

If you or a loved one have been injured while on the job in Florida or Georgia it is important that you contact an experienced workers compensation attorney in your state. Workers compensation laws vary by state, and legislation can be complex, which is why it is very important to obtain the legal counsel of a workers comp lawyer who is familiar with your state's laws. Contact us today for a free consultation

Lost wages resulting from a work related accident or disability can often be recovered through legal action. Lost wages are generally recovered as part of the damages due a plaintiff under state workers compensation laws. Lost wages do not include future earnings, only the regular wages the plaintiff would have earned.
Lost wages cover time spent unable to work, as well as time missed due to treatment. Obtaining the workers compensation lost wages benefit may require expert testimony as to your particular condition or injury. Entitlement to lost wages does not depend upon type of work or full-time employment, and self-employed persons can recover lost wages as well. Even if you received sick or vacation pay, lost wages may be due, since injury required you to use vacation/sick days, resulting in lost wages for that period. Sick or vacation pay is generally not regarded as replacing an individual’s lost wages. You may be eligible for reimbursement for missed work opportunities, in addition to any lost wages you have suffered, although missed job interviews or promotions are more difficult to prove than lost wages themselves.

Lost Wages and Legal Action
You must have medical authorization to be off work to file a workers compensation claim for lost wages. Generally speaking, the treating physician must submit a statement that you are recovering from injuries. Lost wages as a result of self-diagnosis are generally not considered recoverable by legal means.
Lost wages claims require specific documentation, including a statement from your employer indicating your position and income. Lost wages cannot be accurately calculated without some proof of your normal working hours and pay. Any lost wages claims should also include documentation from a physician stating dates of recovery and type of injury/illness. Lost wages claims filed by the self-employed can be more difficult to prove, requiring more detailed documentation: lost wages calculations for the self-employed rely heavily on past earnings to determine the amount of lost wages due to injury or illness. Tax documents, contracts, invoices and billing statements can help determine lost wages for the self-employed. Letters from customers who would have used your services can indicate lost wages as well.

Workers compensation investigations are conducted when any party involved in the workers compensation process suspects fraud or some other wrong committed on behalf of another party that caused injury to the former party. Workers compensation investigations are pursued through the appropriate local, state, or federal workers compensation department. In most cases, a victim of suspected wrongdoing greatly benefits from the aid of a professional legal expert during these workers compensation investigations.

Investigations Help Detecting Fraud
Workers compensation investigations can investigate alleged wrongdoing or fraudulent activity that is committed by any party involved in workers compensation claims. An employee may be the subject of workers compensation investigations when they attempt to collect workers compensation for disability when, in truth, they are capable of working or when they are collecting workers compensation benefits while receiving income from another job. Any falsification of a workers compensation claim on behalf of an employee can lead to workers compensation investigations.
Employers may also be the subject of workers compensation investigations. These investigations can be the result of an employer pressuring an employee not to file a legitimate claim, or providing misinformation which discourages valid action on behalf of an employee who is injured, disabled or killed as a result of their employment. Employers may also be the subject of workers compensation investigations when they fail to obtain proper workers compensation insurance, or commit any type of dishonest or fraudulent activity in regards to this insurance.
Insurance providers, medical professionals, and others who provide services to injured workers can also be the subject of workers compensation investigations. This can result from improper claim processing or any other type of activity which unlawfully harms any party involved in the workers compensation process.

Seek Compensation if You Have Been Injured at Work
If any type of fraud is suspected on behalf of any of these parties, the victim has the right to seek corrective action and compensation for the losses they have suffered as a result. Workers compensation investigations are handled by the appropriate local, state or federal government agency that governs workers compensation laws. The federal government and most state departments have an appeals board who hears the evidence gathered in workers compensation investigations. The victims of fraud have the right to legal representation in these proceedings. Legal representation can be greatly beneficial for victims of workers compensation fraud because these experts have the knowledge and experience to maximize and protect a victims legal interests.
Workers compensation investigations of fraudulent activity can result in strict penalties for those who violate workers compensation regulations. Workers compensation fraud adversely affects the economy, tax payer dollars, public agency resources, and those individual victims of fraud. Therefore, workers compensation investigations can lead to misdemeanor and felony charges brought against the fraudulent or negligent liable party.
Workers compensation law is complex and continually changing. To obtain the most effective and knowledgeable assistance, you should speak with a qualified and experienced workers compensation attorney near you who understands the laws governing your state.
Workers compensation insurance is required for almost all employers in the U.S. that have at least three employees. State and federal laws require that employers carry workers compensation insurance in order to protect employees injured or killed on the job or made ill by the conditions at their place of work. The benefits typically covered by workers compensation insurance are:
    ▪    medical bills
    ▪    disability income
    ▪    a portion of lost wages
    ▪    vocational rehabilitation
    ▪    death benefits for the dependents of a deceased employee
The amount of workers compensation insurance coverage is mandated by the state; thus, benefits do not vary between employers within the same state. The Texas and California workers compensation systems are two of the largest workers comp systems in the United States. The federal version of workers compensation insurance is provided for employees of the federal government, and others.
State and federal laws require that employers carry workers compensation insurance in order to provide for employees injured or killed on the job. Benefits provided to employees include a portion of workers compensation lost wages, medical bills, vocational rehabilitation, and death benefits. The amount of workers compensation insurance coverage is mandated by the state-benefits do not vary between companies within the same state, although workers compensation insurance policies in different states may not be similar.

How Workers Compensation Insurance Works
The cost of a workers compensation insurance policy is the responsibility of the employer, who pays all premiums. When workers or their dependents file claims for workers compensation benefits, the insurance companies pay out the income and cover the cost of benefits. In this way, workers compensation insurance protects the employer from any other liability, and protects employees by providing benefits in the case of injury.
If an employer does not carry workers compensation insurance, or does not carry the required amount, the employer can be held responsible for the amount that would have been paid for by the workers compensation insurance companies. Additionally, employers may be subject to severe fines and even jail time for failing to carry a sufficient workers compensation insurance policy.

Benefits from Workers Compensation Insurance
In the case of injury or death on the job site, employees should file a claim with the workers compensation insurance system in their state (or the federal government, for federal employees) as soon as possible. It is the legal duty of the employer to ensure that injured employees get the benefits to which they are entitled without delay. In cases of extreme negligence, workers compensation insurance may not protect the employer from litigation stemming from a job-related injury or death.

Workers Compensation Insurance Cost
The cost of a workers compensation insurance policy is the responsibility of the employer, who pays all premiums. In the case that a workers compensation insurance claim is filed by an employee, the insuring company pays the required amount. In this way, workers compensation insurance protects the employer from any other liability, as well as protecting the employee by providing benefits in the case of injury. If an employer does not carry workers compensation insurance, or does not carry the required amount, then the employer can be held responsible for the amount that would have been paid for by the workers compensation insurance. Additionally, employees may be subject to severe fines and even jail time for failing to carry sufficient workers compensation insurance policy.

If your loved one was killed on the job or died due to conditions at his or her workplace, or if you have been injured or sickened in relation to your job, contact a law firm near you for help getting your workers compensation benefits. An attorney who specializes on handling workers compensation matters will maximize the likelihood of receiving benefits in a timely and effective manner. If you have been denied workers compensation benefits, an experienced attorney can help you with an appeal. For more information or to speak with a qualified workers compensation attorney, contact us today.
The specific requirements and availability of workers compensation insurance varies somewhat by state-in North Dakota, Washington, Ohio, Wyoming, and West Virginia, for instance, only the state can sell workers compensation insurance. In the remaining states, employers purchase the required workers compensation insurance either from various insurance companies or from a state compensation fund.

Workers compensation lawyers in:We also have attorneys 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.

Tags: Albany GA; Athens GA; Atlanta GA; Augusta GA; Brunswick GA; Columbus GA; Macon GA; Northwest GA GA; Savannah GA; Statesboro GA; Valdosta GA, Atlanta GA, Buford GA, Canton, Conyers GA, Covington GA, DeKalb County, Douglasville GA, East Point GA, Fulton County, Ga, Hampton GA, job site injuries, Johns Creek GA, Lawrenceville GA, Mableton GA, Marietta GA, McDonough GA, on the job injuries, Redan GA, Riverdale GA, Roswell GA, Sandy Springs GA, Savannah, Smyrna GA, Snellville GA, Tifton and all of Georgia., Woodstock GA, workers comp.workers compensation benefits, Workers compenation attorneys, workers

Auto Accident Attorney Referral Atlanta, Orlando, Tampa, Fort Lauderdale

Auto Accident Attorney Referral With lawyers in Atlanta, Orlando, Tampa, Miami, Boca Raton, Clearwater, Ft Myers and West Palm Beach is a unique service which assists the public in choosing an injury attorney without charge or obligation. We are always on call to help the injured. If you have been injured in a vehicle accident protect your rights and call today.

Support and a lawyer for people injured in Auto  Accidents motorcycle accidents and truck accidents,

bus accidents, train accidents,hotel accidents,and cruise ship accidents. We have been protecting people injured in accidents in Miami, Fort Lauderdale, West Palm Beach, Boca Raton, Jacksonville, Orlando, Tampa, Clearwater, Fort Myers and  all of Florida since 1997.  We are your South Florida Accident Attorney Lawyer Source.  Protecting , defending and providing justice for injured people since 1997.

What causes deadly crashes in Broward County?
Careless driving and failing to yield the right of way cause the most crashes
September 05, 2011|By Angel Streeter, Sun Sentinel

Broward County motorists are trying to do too many things while driving, instead of just driving, and they're dying because of it.

Careless driving — a catch-all category that largely means distracted driving — caused the most fatal traffic crashes in Broward County in 2010, according to state traffic-crash data. If you have been in an auto accident in Broward county ccall 1 800 733-5342 immediately for a lawyer.

Auto Accident statistics

December 02, 2011 /24-7PressRelease/ — According to the Florida Highway Patrol, there were 2,389,757 motor vehicle accidents in the state of Florida, between 2009 and 2011.

The latest annual accident data gathered by the Florida Department of Highway Safety and Motor Vehicles (FDHSMV) is for 2010, when there were 235,461 motor vehicle accidents, or about 645 per day. Of these, 2,444 resulted in fatalities. This number is slightly down from the 2,558 reported fatalities in Florida motor vehicle accidents in 2009 by the National Highway Traffic Safety Administration (NHTSA).

Florida Motor Vehicle Crash Statistics

According to the data gathered by FDHSMV, of the 235,461 motor vehicle accidents in 2010:

– 195,104 resulted in personal injury
– 108,353 resulted in property damage alone
– 12,168 involved alcohol
– 957 involved drug use

Of the accidents that resulted in fatalities:

– 794 involved alcohol
– 106 involved drug use
– 350 involved motorcycles
– 499 involved pedestrians
– 76 involved bicyclists

According to the FDHSMV statistics, 26,848–or 11.4 percent–of all motor vehicle accidents in 2010 involved teen drivers. Of those:

– 10,563 resulted in injury to the driver
– 7,980 resulted in injury to passengers
– 80 resulted in driver fatality
– 64 resulted in passenger fatality

These numbers indicate that teen drivers are at a higher likelihood to sustain serious, long-lasting injuries when they are involved in car accidents.

Serious Injuries in Car Accidents

Auto accidents can result in serious injuries that can effect your ability to work,  threaten your quality of life, and cause physical and emotional pain and suffering and long term disability.

When you are injured in a car accident that is caused by the negligence of another driver you  may be able to recover compensation for your injuries  and the injuries iof your loved ones. You should dial 1 800 733-5342  for a car accident attorney as soon as possible following a car crash to ensure the proper steps are taken to preserve evidence, gather witness information and evaluate the circumstances of the accident. You should not speak to the insurance company of the other driver or offer information to anyone but, the poilice that come to the scene or your personal injury lawyer.

.

PIP Lawyers (Personal Injury Protection Lawyer)

Contact Form Shortcode Error: Form 1 does not exist

Personal Injury Protection (PIP) is an extension of car insurance available in some US states that covers medical expenses and, in some cases, lost wages and other damages. PIP is sometimes referred to as “no-fault” coverage, because the statutes enacting it are generally known as no-fault laws, and PIP is designed to be paid without regard to “fault,” or more properly, legal liability. PIP is also called “no-fault” because a claimant’s, or insured’s, insurance premium should not increase due to a PIP claim.

PIP is a mandatory coverage in some states. PIP coverage may vary from state to state in terms of both what is covered and what types of treatments are considered customary and reasonable. Some states also allow for PIP claims even if a Workers’ Compensation claim exists, while others do not.

In some states, PIP is subrogable, meaning that your insurance carrier will pay for your loss, regardless of liability, and then recover (or subrogate) what it paid from the liable party’s insurance carrier. This generally leaves the claimant/insured in a much better financial position, because his or her medical bills are paid, and the insurance carriers get to fight it out on their own, and after the fact.

PIP can cover, within the specified dollar and time limits, the medical and funeral expenses of the insured, others in its vehicle at the time of the loss, and pedestrians struck by its vehicle. The basic coverage is for the insured’s own injuries, on a first-party basis, without regard to liability. Again, it is only available in certain states.

Many states that do not have PIP have Auto Medical Payments coverage, or AMP, and some states even have both. AMP is also a first party coverage, without regard to liability, but is only subrogable in a few states, and generally optional.

AMP & PIP limits range from $1500.00 to $250,000.00 depending on the injury and the state. Claimants involved in an auto accident are wise to submit their own insurance information to their medical providers, as third party carriers are under no legal obligation to pay a claimant’s medical bills, while first party carriers are.

Third party carriers are subject to payment only after a judgement against them, and any payments prior to that are considered voluntary. Settling a claim with a third party carrier is considered a voluntary payment.
States with mandatory PIP coverage

Delaware
Florid
Hawaii
Kansas
Kentucky
Massachusetts
Michigan
Minnesota
New Jersey
New York
North Dakota
Oregon
Pennsylvania
Utah

Helping the people since 1997.

Contact Us Today

Personal Injury / Wrongful Death Attorneys

Personal Injury Lawyers & Wrongful Death Attorneys Of Free Legal Shield are ready to help you.

Find Experienced  Personal injury attorneys handling injury and wrongful death cases.  Such cases typically involve helping individuals badly injured in accidents caused by negligence or reckless conduct.  After accidents are investigated to prove the wrongful conduct and damages such as medical bills, lost wages and disability and disfigurement, each personal injury or wrongful death claim is presented to the person at fault or company or insurer representing them.  If negligent parties refuse to accept fair responsibility, lawsuits are initiated and litigated as needed to trial, verdict or settlement to get justice.  Injury cases typically handled involve death or personal injury caused by dangerous property, hazardous products, like asbestos, medical malpractice, and car accidents. 

Personal Injury and Wrongful death attorneys  for Victims Of The Following :

Car, Train, Bike, Boat, Motorcycle, Work, Hotel, Motel, Mall Accidents
• Personal Injury Attorney,

 

 

 

 

 

• Wrongful Death Attorney,

• Traumatic Brain Injury Lawyer,

• Closed Head Injury,

• Trauma Lawyers,

• Slip and Fall Attorney,

• Dog Bite Attorney,

• Car Accident Attorney,

• Motorcycle Accidents,

• Truck Accidents,

• Eighteen Wheel Truck Accidents,

• Train Accidents,

,,• Bus Accidents,

• Pedestrian Accidents,

• Boat Accidents,

• Cruise Ship Accidents,

• Airplane Crash,

 

 

 

 

 

,• Pilot Error

• Control Tower Error,

,• Neck and Back Injuries,

• Equipment Malfunction or Failure,

• Medical Malpractice Lawyers,

• Nursing Home Abuse Lawyers,

,• Lead Paint Poisoning Attorney,

• Misdiagnosis of Cancer Lawyers,

• Birth Injury Lawyers,

• Products Liability Attorney,

• Workers Compensation,

• Hotel or Motel Injury,

• Office complex or Shopping Center Injury,

• Poor Security,

• Sports or Gym Injuries,

 

To schedule a free consultation for referral please call our office at 800-733-5342.

Helping the people since 1997.

Personal Injury / Wrongful Death Lawyers

Personal injury lawyers  sue for an injury to the body, mind or emotions. The term most commonly refers to a type of tort lawsuit claiming that your  injury has been caused by the negligence of  another  but also arises in class actions.

Personal Injury lawyers fight for For Victims  injured or killed in accidents  and are:

Nationwide Accident & Personal Injury Lawyers. Personal Injury Lawyers  file lawsuits for any type of injury due to negligence. Our team of  Injury lawyers,personal injury  attorneys have experience with:

 Auto Accident Lawyers help you if you have been injured in an auto accident,car crash,car accident due to the fault of another. To file amd auto accident personal injury claim you should not be sited as at fault for the auto accident.

 Personal Injury Lawyers are experienced in a complete range of personal injury wrongful death lawsuits

Truck Accident injury Attorneys deal with individuals who have been injured in 18 wheel,tractor trailor,semi accidents.Truck accidents usually result in severe and dibilitating injuries due to the intensity of the impact, They can also result in wrongful death lawyer involvement.

Motorcycle Accident injury Lawyers help individuals injured in motorcycle accidents. Motor cycle accidents are quite serious and can be devastating for individuals who do not wear protective outerwear and helmets. An expereinced motorcycle accident lawyer is a personal injury attorney.

Wrongful Death Lawyers are injury lawyers who deal with injuries resulting in death. A wrongul death occurs when someone is injured or killed due to the negligence of another. The injury lawyer works on behlf of the victims dependents and survivors to secure compensation for this wrongful death

Slip & Fall Attorneys are injury lawyers who deal with negligent property liability. Slip and fall also known as trip and fall can cause serious injuries and wrongful death. The property owner is liable for a slip and fall injury.

Dog Bites & Animal Injury lawyers are personal injury,injury attorneys. Your Dog bite injury lawyer will file a lawsuit on your behalf against the animals owner. The underlying cause of action claims that a dog or animal owner is reponsible for the actions of his pet. A dog bit can be a serious injury. Very often injury lawyers are protecting injured. children

Drug Litigation Lawyers are class action injury lawyers. Very often a pharmaceutical company will have a drug recall. The drug,having been on the market, has caused injury to the patient. An injury lawyer will file a lawsuit for a group of people injured by this drug. Examples are; Avandia,Yaz,Fosamax,Tylenol and Yasmi,Celexa,Propecia,and others.

Toxic Injury Lawyers deal with chemical and environmental hazards. These are very specific injury lawyers and deal with individuals  injured from environmental exposures including those suffering from asbestos related injuries, especially malignant mesothelioma and lung cancer. Toxic mold,Benzene and laead poisoning aslo fall under this type of injury law. Examples are Tylenol, Actos, Yaz, Avandia, Yasmin and others that have warnings deemed appropriate by the FDA.

Work Related Injury Lawyers are workers compensation lawyers. Very often a workers compensation injury includes what is called a third party liability. This when a personal injury lawyer becomes involved

Constructions Accident injury attorneys understand construction sites and the injuries they can cause.Construction injury lawyers deal with construction injuries and wrongful deaths from crane accidents,scaffolding accidents,roof crush accidents,floor opening falls,logging accidents,welding accidents and other related on the job injuries. The cncept of third party liability falls into paly here as well. Injury lawyers aslo help victims walking near construction sites who are injured

 
  
   
 

Nursing Home Abuse Lawyers are injury lawyers that deal exclusively with the elderly injured in nursing homes. This can include fractures,attacks,poor care,misdiagnosis and an entire gamut of potential injuries. Nursing home Injury lawyers are  experienced in  Nursing Home regulations and Nursing Home  injury law.

Medical Malpractice Lawyers deal with Hospital,Doctor,CNA and any negligent actions of a helth care provider

Birth Injury Lawyers deal with medical complications that may arise and put your baby’s health at risk. When a doctor or medical professional does not handle the situation properly, your infant may suffer injuries or illnesses that can leave him or her permanently disabled. In the worst cases, mishandled childbirth complications may result in death.Birth Injury lawyers have experience in the special considerations of these types of medical malpractice injuries

Child Injury lawyers  protect  a defenseless child who may fall victim to the negligence, recklessness, or carelessness of others. Child injury lawyers are also school bus injury lawyers. Schools are very often negligent and cause injuries to children School yard injuries,playground injuries,sports injuries,negligent coach, hallway injuries are examples

A Brain Damage injury Lawyer will help you if  you or a loved one has suffered cranial damage due to someone else's negligence. Brain damage lawyers have extensive knowledge regarding the consequences of brain trauma.

Burn Injury  attorneys  deal with some of the most devastating injuries imaginable. Burn injuries include first,second, and thid degree burns and inhalation injuires. Burn injuries can be personal injury or workers compnsation claims.
 An average hospital cost of a burn injury can range anywhere from $50,000 to $200,000, depending on the severity of the injuries sustained.  Serious burn injuries often require skin grafts, reconstructive surgery, and a period of physical therapy.  The financial impact of a burn injury can be quite substantial.  The pain and suffering involved can be devastating.

A Pharmacy Error Lawyer Medication errors are one of the most common medical mistakes made by health care providers. The errors a pharmacist or a pharmacy technician may make include  errors made in dispensing medication. This could be the wrong medication to the wrong patient,wrong dosage,or incorrect labeling.

Catastrophic Injury Lawyer deals with  an injury that is extremely serious and that results in long-lasting medical condition, permanent disability, and shortened life expectancy. It usually affects at least one system of the body and causes much suffering to the victim. It could come in the form of a traumatic brain injury, for example, or the loss of a limb, severe burns, a spinal cord injury, or other neurological disorders Catastrophic injuries are usually sustained from 18 whell truck accidents,airplane crashes,train accidents and auto crashes

Airline Accident Lawyers deal with airplane crashes and aviation accidents. They are castrophic injury lawyers and deal with severe injury and Wrongful death.

Train Accident Attorneys deal with transit disasters and are castrophic injury lawyers. Train wrecks are rare but when the happen people are severly injured or killed. A personal Injury  liability lawyer with experioence in deaiing with the rules and regulations of Mass Transit disasters should be retained.

Premises Liability Attorneys help  individuals who have  suffered personal injuries in someone else’s property.  Premises liability injury lawyers claim damages against the property owner who caused you the damages. You should get the legal representations of premise liability lawyers who specialize on premise liability claims. Pemise liability lawyers deal with victims of crime on a property with poor security or broken secutity equipment.

Social Security Disability Lawyers protect the right of permanently disabled individuals

Depuy Hip Replacement litigation injury lawyers are filing lawsuits ageinst the manufacturers of the DepuyASR,Zimmer Duram Cup and other faulty hip replacement products. Johnson and Johnsons recalled Depuy Hip Replacement Device has been the target of mass litigations for the defective prothesis.

Class Action Litigation injury lawyers file injury lawsuits for grups of individuals injured by medical devices,pharmaceutical products, insurance companies and other large group litigations. A current example is athe Avaulta Vaginal Mesh or the Depuy Hip Replacement.

FELA Lawyers Railroad worker injury lawyers file suit on behalf of injured railroad workers.An injury on the railway can range from a minor sprain to a spinal injury so severe that it leads to death.  Some of the most common injuries that affect railway workers are:

  •     Head trauma and brain injuries
  •     Knee injuries
  •     Back injuries
  •     Neck injuries
  •     Carpal tunnel syndrome
  •     Spinal cord injuries
     

Personal Injury

Personal injury is the area of law that offers compensation to victims who have been injured or killed as the result of another person’s or company’s reckless or negligent actions. Personal injury victims typically suffer from extensive physical and psychological injuries, and often require expensive medical care and treatment. Victims should be entitled to monetary compensation for medical bills, lost wages, pain and suffering and loss of enjoyment of life. If you have been injured dial 1- 800-733-5342 today

Free legal Shield Attorney referral Service has Florida lawyers for personal injury 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.

Free legal Shied  has Florida Lawyers for  personal injury 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 Lawyers for personal injury 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

To schedule a free consultation, with a personal injury wrongful death lawyer please call our office at 800-733-5342.

Helping the people since 1997.

Attorney Referral Lawyer Dictionary

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.