legal stuff 2/28/19 – gtg

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Medical malpractice is an issue that concerns every one of us. From mothers in prenatal care to the elderly in hospices, medical malpractice can occur any place – home, hospital, or clinic – where a medical professional neglects to adequately perform his medical duties. Every year, thousands of people report malpractice by a doctor, dentist, nurse, pharmacist, or other medical professional. In one year, there were 3.6 billion dollars in medical malpractice payouts, from more than 12,000 total payouts, according to medical malpractice insurance company Dietrich Healthcare.

If you or anyone you know has suffered pain and financial loss due to medical errors or malpractice, please contact our Medical Malpractice Lawyers today.

Types of Medical Malpractice
Medical malpractice occurs in many different forms from medication errors prescribed by neglectful doctors to surgeons operating on the wrong person or organ. Medical malpractice does not occur when a doctor makes a simple mistake that can be easily corrected. Human errors account for many types of injuries including medical ones. However, when a doctor or medical professional neglects to perform his or her medical duties to the standard that is required of them, this is when the most harm can be done to a patient.

The National Academies cite that approximately 1.5 million people suffer from medication errors on a yearly basis. Misdiagnoses are another very problematic gray area for medical malpractice. The National Center for Policy Analysis reports that 10-20% of medical patients are initially misdiagnosed and suffer consequences or further complications with their conditions due to wrongful diagnoses.

Surgical errors account for up to 24% of all medical malpractice payouts. While not as prevalent as diagnosis related claims, they do make up to nearly a quarter of all medical malpractice payouts and settlements.

The most common types of medical malpractice cases involve:

Failure to Diagnose
Surgical Errors
Prescription Errors
Birth/Baby Injuries
Elder Care Abuse
Dental Errors

Important Medical Malpractice Information
There is no doubt that many incidents of medical malpractice that occur in hospitals and clinics are preventable. Hospitals often employ overworked medical staff, nurses, and doctors. When medical professionals are made to work extended hours beyond reason, the rate of misdiagnoses and erroneous practices rise exponentially. A doctor or medical professional’s failure to act upon a diagnosis or an emergency medical situation is also grounds for a malpractice lawsuit.

The severity of injuries in malpractice lawsuits are as follows:

31% Wrongful Death
19% Significant Permanent Injury
18% Major Permanent Injury
12% Quadriplegic, including Brain Damage
8% Minor Permanent Injury
Getting Legal Help
Thousands of people are injured by people working in the medical profession every year. Proving that medical malpractice has occurred, however, is difficult. With the help of our legal team, we can get to the bottom of your suffering and ensure that those responsible for your injuries are held accountable. If you or anyone you know has suffered pain and financial loss due to medical errors or malpractice, please contact our Personal Injury Lawyers today.

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The unexpected loss of a loved one in a fatal automobile accident can totally devastate a family. When it is suspected that the accident was due to negligence on the part of the other party, the loss can be even more traumatic. If communications with the other party’s insurance company are not resulting in any compensable action, the surviving family members may decide to engage an experienced attorney to pursue a wrongful death lawsuit. Most states have a time limit on when such a lawsuit can be filed and an experienced law firm will know the limits in the state where the accident occurred.

Most personal injury lawyers also handle wrongful death cases and offer a free consultation to discuss the details of a case. Engaging a law firm with experience in the jurisdiction where the fatal crash occurred can be advantageous for the survivors. The attorney knows the governing laws in the local community. The more information that the family members can provide to the attorney, the stronger the case becomes. Information would include police reports, photographs, medical reports, and names of any witnesses. Once a law firm has accepted a case, the attorney can act on behalf of the family members when communicating with the alleged responsible party’s insurance company, police and medical personnel, and with any known witnesses.

Insurance companies often engage in delaying tactics when faced with potentially large payouts due to any wrongful death lawsuit involving a fatal crash. An experienced law firm has the attorneys and the financial resources to see the case come to trial or to an out of court settlement that is acceptable to the family members. Attorneys know that this type of lawsuit can continue in the legal system for a long period of time and cost a considerable amount of money. The attorney will assist the family members in determining what damages need to be compensated for, how much to seek, and what future damages, if applicable, need to be sued for.

Experienced law firms understand that most families cannot afford the financial expenses that will be incurred. Most attorneys will take a strong case on a contingence basis. This means that the attorney only receives an agreed upon fee or a fee plus a percentage of any settlement when the case is won or settled out of court.

Experienced personal injury attorneys have earned their reputations by successfully championing lawsuits to the benefit of the average individual facing insurmountable odds against bad faith responsible parties and their insurance companies. Attorneys also understand that surviving family members will need to adjust to the physical absence of a loved one killed in a fatal crash; and they will work hard to see that those left behind do not need to endure extensive financial tragedies as well. Injured parties cannot see justice prevail until they take the all important first step and contact the best personally injury firm in the area.

Our Lawyers Help Clients Get Fair Compensation For Injuries and Loss. Get Justice.

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Anyone who has been in an accident and has received personal injuries due to a negligent party should seek the advice of an aggressive attorney. The insurance companies have their lawyers and claim adjusters to protect their interests. Victims need to have the professional advice from an attorney to protect their rights against the insurance company.

An aggressive personal injury law firm will be committed and dedicated to seeing that their clients get justice for all types of injuries suffered due to an accident. Payments to a personal injury lawyer are based on a contingency fee or a fixed percentage of the settlement amount. Victims never pay any up front costs or lawyer’s fees. Attorneys only receive payments when the case is won and the insurance company or wrongful party has compensated the victim.

Safe premises must be maintained by all businesses, government agencies, organizations, schools according to the laws of the state they are presiding. Accidents can happen due to faulty wiring, merchandise that is stacked wrong, floors that are wet, loose carpeting or other unforeseen reasons. These conditions can cause serious injury to anyone around or even death.

An experienced personal injury lawyer would be knowledgeable in all the legal liabilities and responsibilities of organizations and businesses that do not comply with the laws for a safe environment. Victims who have been injured due to unsafe practices of a business or organization have to right to pursue compensation. Attorneys will take legal action against the property owner, manager or a third party who is responsible for the maintenance, in order to receive compensation for his client.

Adjusters who work for the insurance company will do their very best to minimize the victims claims so the insurance company does not have to pay for the victims injures. Personal injury lawyers will fight for their victims to get them or their family everything that is rightfully owed to them. Lawyers will gather all the pertinent information from witnesses, doctors, hospitals and the victim in order to put on a solid case for the courts. Through a team of investigators, paralegals and other attorneys in the office a full understanding of what happed will be brought out in the courts. As the victim or the victim’s family, legal representation will seek the just compensation for all injuries received.

A team of experienced lawyers will protect the victim’s rights to recover present and future lost wages, medical bills, along with compensation for the pain and suffering endured. Personal injury attorneys will obtain all the documentation and photos taken at the time of your accident and present a sound case to the insurance company. Attorneys will force the insurance company to evaluate the personal injury case and come back with a fair offer. If a fair settlement is not reached to the victim’s satisfaction, the lawyers will actively pursue a court date for the case. An aggressive law firm will have the financial ability to fight the insurance companies, who put the victims through long waiting periods before the case goes to court.

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As a business owner, it is of the utmost importance that you understand who is responsible for your workers safety. The responsibility falls directly on the business owner, who should strive to make sure that his or her employees are safe at all times. Workplace accidents are far too common and need to be avoided. It will take the work of both owner and employee to help ensure workplace safety.

It’s The Law
Business owners have certain guidelines that they must follow when it comes to workers safety. Each state has its own set of laws and regulations regarding safety in the workplace. Businesses must adhere to these principles in order to protect their employees. The last thing a business owner wants is to see one of his employees injured at work. The ultimate responsibility lies with the owner when such an accident occurs.

Keeping It Safe
Business owners, especially those with small operations, might not believe that workplace accidents can happen to them. All businesses, though, need to pay attention to employee safety. Owners can help themselves by being preventative in their outlook. Examine what types of accidents could occur and then, using that knowledge, develop protocols that can help to prevent that type of incident from occurring. It could be something as simple as sturdier railings on staircases or making sure that hallways and walkways have adequate space. Any business owner does not want to see an employee injured at work due to something as simple as not having enough space to walk to his job space.

The Bottom Line
The goal of any business is to provide a quality product or service and make a profit. If they do not do either, they are usually out of business. One thing that can help a business owner in reaching his goals of profit is to increase employee morale. One way to increase morale is to make sure that each and every employee is safe. Businesses can go as far as offering incentives for reducing the number of workplace accidents. By minimizing accidents and hitting those incentives, workers are happier. Happy workers enjoy their job and more productive. More productive workers will take pride in what they do and produce better quality products. As an owner, you are responsible not only for the production of quality products and making a profit, but also for the safety of all of your employees.

Ultimate Responsibility
Ultimately, any breach of worker safety fall on the shoulders of the business owner. With the goals of producing great products for their customers and turning a profit, the owner is in charge of everything. When an employee is injured at work, the entire operation is compromised. The goal of producing great products becomes harder. Making a profit becomes harder. To hit those goals, the owner should have taken the proper steps to prevent the accident. In looking to eliminate accidents, a business owner can meet his goals of producing phenomenal products, turning a profit, and keeping his workers safe.

As long-time personal injury attorneys, we have seen many business owners find themselves in bad situations that could have been easily avoided by with a little more effort and thought by the business. If you are a business owner take time each year to review the safety regulations of your area and use a little common sense to look for potentially dangerous situations. Often it’s small, simple issues that cause accidents resulting in serious injury to patrons or employees and expensive law suites followed by higher insurance premiums.

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While an auto accident is a traumatic, perplexing and often painful experience, it is often in the fleeting moments immediately following a collision that a personal injury case is built to stand or fall in court – even when the best personal injury lawyers are in charge.

Whether you have recently been injured in an auto accident which you believe to be the result of another person’s negligence, or you simply spend a lot of time behind the wheel in busy traffic and want to be prepared in case you are in a collision, here are the 5 things that virtually most every personal injury lawyer in will recommend you do in order to ensure that you not only win your case, but secure maximum compensation, as well.

#5. Keep your cool.
While this may sound trite, insensitive even, remaining calm after you have been injured in a car, truck or motorcycle accident is of inestimable importance. By doing so you will not only increase your ability to protect yourself and assist others, but also the extent to which you can respond to this unfavorable circumstance in a personal injury claim favoring manner.

#4. Get the name and number of the police officer at the scene, and the accident number they are using.
This simple tip is one of the easiest ways in which you can assist personal injury lawyers in collecting for them the full extent of the compensation they are owed.

#3. Get all the right information from all drivers involved in your auto accident.
All the best personal injury lawyers has to offer underscore the importance of getting not only the insurance number of every party to an accident you are involved in but also their license plate number. This will help open the channels of communication between your personal injury lawyer and insurance companies.

#2. Take lots of photos.
Photographic evidence is one of the most beneficial kinds for personal injury lawyers in their efforts to collect damages for claimants. Use your cell phone to take as many pictures as you can of the scene of the accident. When you get home, it’s a good idea to back these photos up on a DVD or secure online file storage storage website, or by simply emailing them to yourself.

Interview and swap names, numbers and email addresses with eyewitnesses.
Eyewitness statements are one of the most valuable forms of evidence any personal injury lawyers can have at their disposal. It may also be a good idea to take notes while speaking to eyewitnesses, so you have their at-the-scene recollection of the accident on record. This allow you to jog their memory when you or your injury attorney contacts them later.

Just One is Far Better Than None
While using all of the tips above will increase your chances of being awarded maximum compensation for your auto accident claim, don’t fret if you’ve only applied one or two. As all experienced personal injury lawyers will likely tell you, if done correctly, any one of these auto accident “best practices” can be all you need to obtain the financial damages you deserve.

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The insurance company says I do not need an attorney to represent me
The insurance company representing the party that caused your injury has one goal, which is to settle the claim with you at the lowest possible dollar amount. The claims adjuster represents the negligent party, not your interests. The claims adjuster will want to settle as quickly as possible regardless of whether you have fully recovered from your injuries. Once you have settled, you can not obtain any additional recovery regardless of the extent of the injuries and wage loss that you may have. It is in your best interests to have an experienced attorney, who knows the value of similar cases, represent your interests.

What kind of compensation can I expect if I bring a personal injury lawsuit?
If your medical costs exceed the coverage limit imposed by the insurer, you may be able to sue the person that caused the accident. In addition to economic damages, which include medical bills and vehicle damage, you may also be able to recover for non-economic damages, which include emotional distress or pain and suffering caused by your physical injuries.

What is Comparative Negligence
Comparative negligence is a legal term that is associated with the assessment of how much of the accident is your own fault. Your award can be reduced based on the proportion of the accident is attributed to you. Furthermore, some jurors will not rule for you if they believe that you were at all at fault. If you were about 50 percent responsible for the accident, you may lose your case when it goes to trial. However, if you were only responsible for a small percentage of the negligence, your case will not be affected as much. Cases involving accidents and slip and fall injuries often include an argument from the defense attorney regarding comparative negligence

Injury Attorney Answers FAQ on Insurance Settlements

How long will my personal injury case take?
This answer depends greatly on the degree of your injury and damages, including how long your medical treatment continues, if working, how long you will be out of work, and how long it will take to get the doctors opinion as to the degree and permanency of your injury. In addition, if there are complications regarding who was at fault or the relationship of all of your injuries to the accident, this can prolong the case as well. Usually, a simple case without a lot of complications, can take 1 to 1/ ½ years. A more complex case can take up to 3 years or longer.

How Much Do You Charge?
This depends largely on the scale of your case. We do not have a flat fee that applies to all clients, but rather we design a specific plan around each unique case. For a more accurate quote, it is recommended that you fill out a free case evaluation and provide us with as many details as possible. Request that you would like to know more about how much we would charge for your specific situation and we will give you a quote. Remember, what we do charge you only comes out of the awarded sum of compensation, nothing comes out of pocket. If you’d like to speak to us directly and get your answer sooner, please feel free to call us.

Won’t hiring an attorney mean I actually receive less money than I am entitled to because I will have to pay a legal fee?
No. Most personal injury attorneys charge a percentage of the monies collected. They receive no legal fee if they are unsuccessful. An experienced attorney makes sure you are fully compensated for all the damages you received in the collision, something you are unlikely to be able to do on your own. Specifically, using a competent personal injury attorney can increase the amount of money you will be paid, so that even after the attorney’s fee is paid, you will have more money in your pocket than if you attempted to represent yourself. A competent personal injury attorney is actually not a cost, but rather a benefit.

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Somewhere in your life, you have witnessed a friend traveling in another’s car and unfortunately, got an accident. It’s purely accidental, not intentional, but what would happen to the passenger who might have got serious injuries? Is there some compensation? Yes, there is. Fortunately, it is dependent on the extent of damage to the passengers and normally, is paid by insurance companies of the driver. Additionally, this policy is under the personal injury law forum. Its states that when accident is caused to a second or third partner due to ignorance, then it is punishable by the court and compensation is due. Personal injury is not limited to only physical damage, but also emotional and mental damage. In case you tarnish someone’s image, then, my friend, you have to pay for that too.

LAW THAT GOVERNS PERSONAL INJURY LAW.

Unlike other laws that come up due to the obvious crimes like theft, robbery with violence and murder, personal injury was included in international law due to the rising cases of negligence of duty. Especially, employees. Thus, it is known as a precedent law. Most of the times, defendants loose cases to plaintiffs, so in order to win a case, hire the best lawyer around, to reverse the situation and save your neck the cost.

SHOULD I SUE MY BEST FRIEND FOR NEGLIGENCE?

Probably, it’s the most difficult thing to do. She is your best friend, yet she subjected your arm to amputation. Worse, you don’t have the money to do it, should you sue her?

First, you can try to solve the issue by informal litigation. This is whereby you don’t involve the court, but call a third party to view and judge the case. Most importantly, it should be a counsellor or psychiatrist. If she doesn’t agree to this then sue her and let the law take its course.

TYPES OF FEES INVOLVED IN UNDERTAKING THE CASE AND HIRING A PERSONAL INJURY LAWYER.

Undertaking the course of filing requires some costs-though peanuts. The judges don’t work for free, or do they? Someone has to pay them. This is by the case registration fees and filing costs.

If you are fully settled on taking the case by its horns, then proceed by hiring a lawyer. A personal injury lawyer to be precise. Remember that, choosing those with experience will stand you a better chance of winning the case. So, go for the best in your ability and within your budget.

Just as the name suggests, this fees are charged by the hour. It’s the best method where the case is depicted to be short, but expensive where the case over lasts. On average, a lawyer charges $80-$100.

Contingencies are percentages that are claimed by the lawyer when you receive your compensation. Usually, a 20%-30% is frequently charged by them. However, most courts have put a maximum amount of money for contingency fees. You can’t expect to give the lawyer 3,000,000$ in one case. Or can you?

Fixed is whereby you mutually agree with the lawyer what to pay after the case.

Retainers are normally fees that are subtracted per case. This is where the client deposits money in the law-suit account and after each case, the lawyer subtracts from the milestone. It is commonly used of heavy damages that involve large sums of money.

Concisely, undertaking a law case on personal injury law is the best option when you are harmed due to another’s ignorance. More so better, when you don’t have the money for hospital bills. However, always remember to hire a personal injury lawyer so as to dish out the largest some of money possible, and pay your bills conveniently. If you know what I mean!

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Auto Accidents:

If you or a loved has gone through a disastrous auto accident then we would say that you should contact us immediately. We will make sure that you get the compensation for your damages, medical bills and other expenses from the insurance company of the responsible person. We promise that we will stand by your side after the tragic accident for your support. It might be a little difficult for you to cope with the stuff like getting compensation from the insurance company or work. That is the only reason we are here and we can assure you that we will fight for your right and reimbursement.

Motorcycle Accidents:

We must have seen motorcycle accidents happening around us. These accidents cannot be taken lightly especially if you or any loved one is involved. The accident might happen because of your own or some other person’s negligence. Whatever the case is, it is your right to get the compensations for your damages. In this hard time of your life we will always support you in the best way we can. Motorcycles accidents can cause big damages lie broken bones, fractures and in some cases even death is possible.

Trucking Accidents:

Trucking accidents are considered to be one of the most disastrous accidents as they can cause dreadful damages to the person sitting in the other vehicle or even in the same truck. Such accidents usually end up in death cases. If you or a loved one has been injured in a trucking accident then kindly contact us as we can help you to get the compensation for your damages. Why suffer when you can make the responsible party pay for what they have done. Getting compensation from the responsible party in trucking accidents can be a little difficult as the companies involved in financing these trucks are big companies and are very hard to deal with. So get our help and see the difference.

Brain injuries:

A brain injury can be unalterable in an accident, because of medical carelessness or by reason of an attack. Brain injuries are believed to be terrible injuries. Due to a brain injury an individual can face troubles like memory breakdown, stoppage to be liable of body, change in actions, and difficulty of impermanent memory, lose awareness, and unconsciousness. A person who is experiencing cruel brain harm may not be able to get well totally. With a case connecting a brain wound, you will have to talk to a firm which can give you a specialized legal representative who will struggle for your rights. That will comprise of making an assessment of any approaching medical order for expenses that could take place with the ongoing fee of a damage of this level.

Burn Injuries:

Burn injuries are usually long lasting and very painful. Such injuries can take place because of an explosion, contact with hot water, fire cases and a lot more things. We cannot ignore accidents like these but we can at least get the compensation for the damages that these accidents have caused. In some cases you yourself are responsible for such injuries but in many cases some other people can be involved or held responsible for it. If you experience a burn injury the make sure that you speak to us and we will help you to get the compensation of your damages from the responsible party or the insurance company. You would have to be financially strong to pay for your medical bills and everyday expenses. If the injury is serious then might need to go for plastic surgery or skin grafting which is even more expensive. Let the responsible party pay for the damages.

Construction Accidents:

Constructions accidents can be deadly as they usually take place in risky and rough areas. The victims of such accidents are mostly the labors working on the site. If you have been injured in a construction accident then we would suggest you to talk to us and we will make sure that you get the compensation for your damages and lost wages from the responsible party which is in most of the cases the owner of the site and company itself.

Slip & Falls:

Most people usually take slip and fall accidents lightly as they cannot cause big damages but this is not the case. You never know what type of damage could a slip and fall accident cause. You can get the compensation for your slip and fall accident if you have slipped or fallen in someone else’s land. The owner of that property would be responsible for this damage. You can file a case on the responsible party with our help and we are sure that we will never let you down.

Insurance/ Bad Faith Claims:

Insurance bad faith is an official term of ability that explicates a tort claims that a sheltered person can have in incongruity to an indemnity group for its unpleasant works. In the regulation of the majority of the system in the United States, assurance organizations have an authorized liability of giving wonderful self-assurance and even-tempered dealing to the people they call their clients. Just to get assistance in that affair, we are always there for you.

Premises Liability:

You might face a small accident while walking through someone else’s property. If you do then we may not know that you can get the compensation for your damages or injury from the property owner. Accidents that come in property liability take in Slip and fall accidents, dog bites and safety inattentiveness. Land owners have an official duress to take reasonable step to make certain that their property is free from dangerous circumstances that can lead to big damage. Here are a few of cases of unsafe setting that may cause damage. This includes unfeasible or misplaced steps, irregular paths, objects in the channel, badly set steps, Ice or standing water and a many more. We are content to hold your interests and act in response to your problems linking to your approaching property liability assert.

Defective Products:

The Government takes proper measures to make sure that the products being sold in the market are free from any harmful effects but we may get to see a lot of cases where people do get affected by the defectives products. The cause might be the expired products available in the market or products with harmful ingredients. The products may include food items, cosmetics, medicines and a few more things. With our help you can file a case on people responsible for this if you or a loved one has been harmed by a defective product.

Nursing Home Abuse:

Nursing home abuses take account of fairly a large number of things like emotional torture, physical anguish, sexual assault, rape, giving excessive pills, over dose of medicines, ignoring the patients’ or person’s demands and requirements, using foul language and a lot more. To get help about this, we are here for you. These things may cause much vicious harm to the person.

Spinal Cord Injuries:

The spinal cord is considered to be the most important part of our body. Back with the spine encircle a collection of nerves that broadcast indications throughout the entire body, to and from the mind. If you have experienced damage in the spinal cord owing to an accident then with the correct legalized guidance you can be able to get funds for physical state operating expenditure and missed wages and financial payment for pain and misery and troubling shock you have gone through.

Wrongful Death:

A wrongful death happens when somebody causes the unlawful death of someone owing to lack of concentration, impulsiveness or irregularity. The death may not be intentional, but if the person had been mixed up in an astute intensity of care or had given an adequate level of awkwardness the happening may have been not probable. Losing someone you love and care for at any time and for any reason is really hard to put up with, but it is even harder to accept as true the fact that this mishap could have been neglected. A wrongful death official agent can assist you by taking care of all the authorized characteristics of your allege and will help you get the remunerate.

Pedestrian Accidents:

It could be very painful if the person walking on the street, children playing on road face a big accident because of someone else’s mistake. If you or a loved one has experienced a pedestrian accident then it is better that you file a case against the responsible party. These accidents may end up in damages like broken bones, fractures, brain injuries and mostly death. Why suffer for someone else’s mistake. Don’t just sit and think what to do when we are available to you all the time. We will make the responsible party pay for your damage.

Aviation Accidents:

Aviation accidents are most of the time deadly. Just 2% of the passengers can survive after an aviation accident and even if they survive they usually are injured so bad that it take ages for them to recover completely and may be never. Airlines themselves are responsible for these accidents and it is their responsibility to pay you the compensation for your big loss or damage. Just contact us and we will make your case.

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