Product Liability Claims Involving Faulty Medical Devices

My mother underwent a heart surgery at a well-known heart hospital. A stent was inserted in her coronary arteries. Two days after the surgery, she complained of pain and excess bleeding. After investigation, it was found that the pain and bleeding was because of a defective stent that was inserted. Who can be sued for this?

If your loved one suffered injuries because of a faulty medical device, you may potentially sue the following parties:

·         Manufacturer of the faulty medical device

·         Testing laboratory that performed tests on the medical device

·         Medical sales representative who made recommendations about the medical device to doctors and hospitals

·         The doctor, if he/she failed to warn of potential dangers or instructions regarding the usage of the device

What are the common causes of auto accidents in urban areas?

Here are some of the common causes:

Large volumes of traffic on multi-lane highways may lead to tailgating, reckless driving, and speeding and improper lane changes. It is common for drivers to become impatient in traffic jams, road construction, and detours, and thus cause an accident.

One-way streets, limited u-turns and bus or bike lanes are often confusing to motorists who are not familiar with urban street directions. It is common for these motorists to drive against traffic on one-way streets, or make dangerous u-turns in unsafe areas.

Running red lights is a major cause of urban auto accidents. It can be extremely dangerous to drivers and other unsuspecting motorists.

Many urban roads are heavily used and poorly maintained, and therefore develop cracks, potholes and other defects. These defects can cause drivers to lose control of their vehicles or can damage car tires.

When construction zones are improperly blocked off, or when no signs are visible to inform drivers of a construction work, there is an increased probability of auto accidents.

Why Are Auto Accidents Common in Urban Areas?

Auto accidents can happen anywhere for a number of reasons. However, because of the structural development of roadways in urban areas, and the larger number of vehicles plying there, the chances of an accident are greater. Many minor and major auto accidents in urban areas happen because of traffic congestion and other road hazards.

Here are some of the common causes of auto accidents in urban areas:

Large traffic volumes: Large volumes of traffic on multi-lane highways may lead to tailgating, reckless driving, and speeding and improper lane changes. It is common for drivers to become impatient in traffic jams, road construction, and detours. Many serious auto accidents happen due to driver impatience, road rage, and dangerous driving habits.

One-way streets and limited u-turns: One-way streets, limited u-turns, and bus or bike lanes are often confusing to motorists who are not familiar with urban street directions. It is quite common for these motorists to drive against traffic on one-way streets, or make dangerous u-turns in unsafe areas.

Running red lights: This is a major cause of urban auto accidents. Running red lights can be extremely dangerous to drivers and other unsuspecting motorists.

Road defects: Many urban roads are heavily used and poorly maintained, and therefore develop cracks, potholes, and other defects. These defects can cause drivers to lose control of their vehicles or damage car tires.

Construction zones: When construction zones are improperly blocked off, or when no signs are visible to inform drivers of a construction work, there is an increased probability of auto accidents.

Auto Accidents in Urban Areas

I have been reading of many auto accidents occurring in urban areas. Why are they common in urban areas?

For a number of reasons, auto accidents can happen anywhere. However, because of the structural development of roadways in urban areas, and the larger number of vehicles plying there, the chances of an accident are greater.

Here are some of the common causes:

Large volumes of traffic on multi-lane highways may lead to tailgating, reckless driving, speeding and improper lane changes. It is common for drivers to become impatient in traffic jams, road construction, and detours, thus causing an accident.

One-way streets, limited u-turns, and bus or bike lanes are often confusing to motorists who are not familiar with urban street directions. It is common for these motorists to drive against traffic on one-way streets, or make dangerous u-turns in unsafe areas.

Running red lights is the major cause of urban auto accidents. It can be extremely dangerous to drivers and other unsuspecting motorists.

Many urban roads are heavily used and poorly maintained, resulting in cracks, potholes, and other defects. These defects can cause drivers to lose control of their vehicles or can damage car tires.

When construction zones are improperly blocked off, or when no signs are visible to inform drivers of a construction work, there is an increased probability of auto accidents.

Why should you hire a workers’ compensation lawyer?

Here are some reasons why you should hire a workers’ compensation lawyer:

·         Your employer may deny you your claim, or you may fail to receive your benefits promptly.

·         Your employer may retaliate against you for filing a workers’ compensation claim.

·         Your employer’s settlement offer may not cover all lost wages or medical bills.

·         Your employer may deny your disability benefits

·         You may have a potential third party claim.

Why You Should Hire a Workers’ Compensation attorney

If you have you suffered a workplace injury and feel you are entitled to compensation, it is always advisable to contact a workers’ compensation attorney to walk you through the legal process. He or she can alert you of potential pitfalls, as well as give you an honest appraisal of whether you can handle the case on your own.

Here are some reasons why you should hire a workers’ compensation lawyer:

·         Your employer may deny your claim or you may fail to receive your benefits promptly

Workers’ compensation claims are routinely rejected by employers and insurers, who assume that many workers will fail to appeal. This is factually correct, because up to 80% of individuals whose claims are denied fail to appeal the decision in court. Hire a workers’ compensation attorney to give you the best chance of receiving a fair settlement for your injuries.

·         Your employer may retaliate against you for filing a workers’ compensation claim

It is important that you hire a workers’ compensation attorney immediately, because your employer could get you fired or demoted, or reduce your pay and engage in any other form of discrimination for filing a workers’ compensation claim.

·         Your employer’s settlement offer may not cover all lost wages or medical bills

If you want to be fairly compensated, hire an attorney. If you think that your settlement offer is not good enough, do not rely on the workers’ compensation judge to make sure that you are getting a fair deal. A judge may sign off on any agreement as long as it is not grossly unfair.

·         Your employer may deny you your disability benefits

If the work injury caused you permanent partial disability or permanent total disability, you may be entitled to lifetime weekly payments to make up for your lost wages. These can be expensive for insurance companies. Therefore, they will do everything possible to avoid paying you what you deserve. Hiring a knowledgeable workers’ compensation attorney can be essential when there are permanent injuries or illness.

·         You may have a potential third party claim

If you have suffered a work-related injury, you may be able to sue a third party whose negligence contributed to your injury through a third-party lawsuit. For instance, when a machine malfunction causes injury to a worker, he or she can file a third-party lawsuit against the manufacturer of the defective machine, apart from filing a workers’ compensation claim. An attorney will assist you in filing a third-party lawsuit.

Workers’ Compensation Lawyer

Why is it important to hire a worker’s compensation lawyer when injured in a work place?

If you have you suffered a workplace injury and feel you are entitled to compensation, it is always advisable to contact a workers’ compensation attorney to walk you through the legal process. He or she can alert you of potential pitfalls, as well as give you an honest appraisal of whether you can handle the case on your own.

What are the common factors that contribute to vehicular pedestrian accident?

When a pedestrian fails to exercise care, and contributes to the cause of his/her own injuries, contributory negligence may be assessed against him/her. Some common factors that contribute to pedestrian negligence are ignoring the walk signal at an intersection, failing to use marked crosswalks and darting in front of a vehicle. At the same time, a driver must exercise reasonable care while behind the wheel. Failure to do so is considered negligence. Distracted driving, speeding and disobeying traffic rules are some factors contributing to a driver’s negligence.

An Overview of Pedestrian Accidents

There are two types of pedestrian accidents - vehicular and non- vehicular pedestrian accidents. According to the National Highway Traffic Safety Association (NHTSA), about 5,000 pedestrians die in motor vehicle related accidents annually. While a non-vehicular pedestrian accident may occur due to poor maintenance, sidewalk or parking lot defects, and construction or other debris on walkways, etc.

Depending on the circumstances, the legal responsibility in a pedestrian accident may be on more than one person. The potentially liable parties may include the driver of a vehicle that strikes a pedestrian, the party responsible for maintaining the sidewalk, road or parking lot in question, or the pedestrian him/herself. Whether by a vehicle or a property defect, if the accident was caused by someone else’s fault, the pedestrian accident victim may be eligible to receive compensation.

 There are broadly two types of pedestrian accidents - non-vehicular and vehicular. In a non-vehicular pedestrian accident, property owners of the place where the accident occurred can be held responsible if they created the condition that caused the accident, knew it existed, or were negligent in discovering and  correcting it despite the fact it that it had existed for a significant length of time. They are responsible for maintaining their property and for warning people if there are hazardous situations concerning it. You may be able to recover damages if you can prove that a dangerous condition existed on the property where the accident occurred.

In a pedestrian-vehicle accident, the duty of care is owed by those involved in the accident. The driver of a vehicle, as well as the pedestrian, must follow the rules of the road and exercise reasonable care. It is the responsibility of the pedestrian to exercise reasonable care for his/her own safety.

When a pedestrian fails to exercise care, and contributes to the cause of his/her own injuries, contributory negligence may be assessed against him/her. Some common factors that contribute to pedestrian negligence are ignoring the walk signal at an intersection, failing to use marked crosswalks and darting in front of a vehicle. At the same time, a driver must exercise reasonable care while behind the wheel. Failure to do so is considered negligence. Distracted driving, speeding, disobeying traffic rules are some factors contributing to a driver’s negligence.

Pedestrian Accidents

I have been injured in a pedestrian accident. I would like to be compensated. Whom can I hold legally responsible for my injuries?

Depending on the circumstances, the legal responsibility in a pedestrian accident may be on more than one person. The potentially liable parties may include the driver of a vehicle that strikes a pedestrian, the party responsible for maintaining the sidewalk, road or parking lot in question, or the pedestrian himself/herself. Whether by a vehicle or a property defect, if the accident was caused by someone else’s fault, the pedestrian accident victim may be eligible to receive compensation. 

You can calculate your slip and fall accident claim on the following basis:

Your medical bills - both present and future

Your past and future medical treatment bills related to your fall will be one of the main measuring sticks in calculating your claim. Depending on where you live, the amount used to calculate your damages may be the amount the healthcare provider billed, or the amount the healthcare provider agreed to receive as payment in full.

Pain and suffering

There are no hard-and-fast rules for calculating pain and suffering. Depending on the severity of your injuries, your attorney or the insurance adjuster evaluating your claim will typically determine an appropriate multiplier to use, in addition to your medical bills, to calculate the amount of compensation you are entitled to because of your pain and suffering.

Lost wages

If the accident caused you to miss time from work, you may be entitled to recover the value of the wages you would have earned.

Loss of earning capacity

If your injuries are so severe that you are unable to perform the type of work you performed prior to getting hurt, and you are unable to earn as much as you did previously, you may be able to recover an amount that is meant to compensate you for your "lost earning capacity”.

How Much is My Slip and Fall Accident Claim Worth?

If you were injured in a slip and fall accident on someone else's property and are planning to file a claim, you will certainly want to consider how much your slip and fall claim might be worth. The short answer to this question is: It depends, because each case is different and each state has different laws. However, there are some common considerations under which your slip and fall accident claim may be calculated:

Your medical bills - both present and future

Your past and future medical treatment bills related to your fall will be one of the main measuring sticks in calculating your claim. Depending on where you live, the amount used to calculate your damages may be the amount the healthcare provider billed, or the amount the healthcare provider agreed to receive as payment in full. Often healthcare providers agree to accept less than the billed amount, so it is important to know what the rule in your jurisdiction is.

Pain and suffering

There are no hard-and-fast rules for calculating pain and suffering. Depending on the severity of your injuries, your attorney or the insurance adjuster evaluating your claim will typically determine an appropriate multiplier to use, in addition to your medical bills, to calculate the amount of compensation you are entitled to because of your pain and suffering.

Lost wages

If the accident caused you to miss time from work, you may be entitled to recover the value of the wages you would have earned. However, your employer must provide a written statement on the amount of time you missed work because of your injury, and your salary or wage rate.

Loss of earning capacity

If your injuries are so severe that you are unable to perform the type of work you performed prior to getting hurt, and you are unable to earn as much as you did previously, you may be able to recover an amount that is meant to compensate you for your "lost earning capacity”.

However, you will need to establish that your capacity to earn has been diminished because of the injuries. If you are successful in establishing that, the defendant may compensate you for that loss in a couple of different ways, including:

·         paying for you to be trained/educated in a different field

·         paying you a lump sum for the amount of your reduced earning capacity

Slip and Fall Accident Claim

I was injured in a slip and fall accident, and am currently on complete bed rest. I am going to file a slip and fall accident claim against the party responsible. I would like to know how much my claim is worth.

The short answer to your question is: It depends, because each case is different and each state has different laws.

However, there are some common considerations. Your slip and fall accident claim may be calculated on the following basis:

Your medical bills - both present and future

Your past and future medical treatment bills related to your fall will be one of the main measuring sticks in calculating your claim. Depending on where you live, the amount used to calculate your damages may be the amount the healthcare provider billed, or the amount the healthcare provider agreed to receive as payment in full.

Pain and suffering

There are no hard-and-fast rules for calculating pain and suffering. Depending on the severity of your injuries, your attorney or the insurance adjuster evaluating your claim will typically determine an appropriate multiplier to use, in addition to your medical bills, to calculate the amount of compensation you are entitled to for your pain and suffering.

Lost wages

If the accident caused you to miss time from work, you may be entitled to recover the value of the wages you would have earned.

Loss of earning capacity

If your injuries are so severe that you are unable to perform the type of work you performed prior to getting hurt, and you are unable to earn as much as you did previously, you may be able to recover an amount that is meant to compensate you for your "lost earning capacity”.

What are some common mistakes people make when filing a personal injury claim?

The following are some common mistakes people make when filing a personal injury claim:

Not calling the police: If you do not call the police, there will not be any formal investigation of the accident. Later on, if the negligent party or driver denies liability, you may have a difficult time proving your case.

Accepting and chasing property damage: Another common mistake is accepting and cashing a property damage check without first fixing the damages. It may be possible that the amount offered may end up being less than the amount it takes to fix the damage.

Not getting witness contact information: Without witnesses, an insurance adjuster may deny liability.

Giving recorded statements without hiring an attorney: Giving a recorded statement without the protection and guidance of legal representation can result in serious problems.

Not hiring a lawyer: If you are not represented by a lawyer, the insurance adjusters may try to settle the value of your case at a very low amount.

Common Mistakes in Personal Injury Claims

If you have been injured in an accident because of someone else’s negligence, you may be able to make a personal injury claim from the responsible party. However, to ensure that you win full recovery of your personal injury damages, you must avoid making any of the common mistakes when filing a claim.

Here are some of the common mistakes people make when filing personal injury claims:

Not calling the police: If you do not call the police, there will not be any formal investigation of the accident. Later on, if the negligent party or driver denies liability, you may have a difficult time proving your case without a police report.

Not fixing the property damage: Another common mistake is accepting and cashing a property damage check without first fixing the damages. You may later find out that the amount offered is less than the amount it takes to fix the damage.

Not getting medical treatment: Not getting medical treatment after the accident will give the insurance adjuster a chance to argue that you were not really injured and may deny you coverage. Also, it is important that you avoid long gaps in treatment to prevent adjusters from claiming that your injuries are non-existent or less severe than they truly are.

Not hiring a lawyer: If you are not represented by a lawyer, the insurance adjusters may try to settle the value of a case at a very low amount. Hiring a personal injury lawyer can help you make the best possible negotiation.

Not collecting witness contact information: Many victims fail to obtain the contact information of witnesses at the accident scene. Without witnesses, an insurance adjuster may deny liability.

Giving recorded statements without hiring an attorney: Giving a recorded statement without the protection and guidance of legal representation can result in serious problems. An adjuster can misinterpret your answers and make it appear as though you were not really hurt in the accident, or that you were partly or wholly liable for its cause.

Not using uninsured motorist coverage: Uninsured Motorist coverage and Underinsured Motorist (UIM) coverage protect individuals who are hit by motorists with little or no insurance of their own. After the liable party’s insurance runs out, this coverage under your insurance policy may help you obtain compensation for your damages.

Personal Injury Claim

I have been injured in a car accident because of another driver’s negligence. I am going to file a personal injury claim. I have read stories of people who have been denied claims. How do I file a successful personal injury claim? Are there any important things that I must remember while filing my claim?

Yes, to ensure a successful personal injury claim, you must avoid making any of the common mistakes people make. Here are some mistakes you should avoid:

Not calling the police: If you do not call the police, there will not be any formal investigation of the accident. Later on, if the negligent party or driver denies liability, you may have a difficult time proving your case.

Accepting and cashing property damage: Another common mistake is accepting and cashing a property damage check without first fixing the damages. It may be possible that the amount offered may end up being less than the amount it takes to fix the damage.

Not getting witness contact information: Without witnesses, an insurance adjuster may deny liability.

Giving recorded statements without hiring an attorney: Giving a recorded statement without the protection and guidance of legal representation can result in serious problems.

Not hiring a lawyer: If you do not hire a lawyer, the insurance adjusters may try to settle the value of your case at a very low amount.

What are the different kinds of damages recoverable in a car accident case?

If you have suffered injuries in a car accident, you may be able to recover the following types of damages:

·         You may recover medical expenses relating to doctors’ fees, hospital charges, the ongoing need for special equipment, pain medication, physical therapy, and any other healthcare expense incurred as the direct result of the accident.

·         You may recover expenses for property damage. Property damage claims cover the repair cost of your damaged car. If your car has been totally damaged, the settlement should include enough money to purchase a new car.

·         You may seek compensation for physical pain and suffering. Compensation for this type of injury depends on the seriousness of the pain and the prognosis for future pain associated with the injury.

·         If you are unable to return to work due to physical therapy sessions, time spent in the hospital, problems with mobility, or other factors that prevents you from earning the usual wages, you may seek compensation for loss of earning capacity.

·         If you are married and the injury deprives you from having sexual relationship with your spouse, your uninjured spouse may claim loss of companionship damages.

Damages Recoverable in a Car Accident Case

If you have suffered injuries in a car accident, you may be able to recover damages for your losses and injuries. You may recover damages for medical expenses, lost wages or diminished employment opportunities, pain and suffering, and loss of a companion. Here is a brief account of the different types of damages:

Medical expenses

A victim may recover medical expenses relating to doctors’ fees, hospital charges, the ongoing need for special equipment, pain medication, physical therapy, and any other health care expense incurred as the direct result of the accident.

Property damage

Property damage claims cover the repair cost of the damaged car. In cases where the car is totally damaged, the settlement should include enough money to purchase a new car.

Pain and suffering

A victim may seek compensation for physical pain and suffering. Compensation for this type of injury depends on the seriousness of the pain and the prognosis for future pain associated with the injury. This may also include mental or emotional damage from the incident, like anxiety or stress.

Lost wages

A victim may recover damages for loss of earning capacity. Sometimes, a victim may be unable to return to work due to physical therapy sessions, time spent in the hospital, problems with mobility, or other factors that may prevent him/her from earning the usual wages.

Loss of companionship

If the victim is married and the injury deprives him/her from having a sexual relationship with his /her spouse, his/her uninjured spouse may claim loss of companionship damages.

In situations where the motorist dies as a result of the accident, the surviving family members can claim loss of society and companionship damages. However, the jury will take the following into consideration:

·         Whether the deceased driver had a loving and harmonious relationship with the plaintiff(s)

·         The living arrangements of loved ones

·         Impact of the death on the surviving family members

Damages Recoverable in Car Accident Cases

My father was injured in a car accident. His car was hit from behind by a speeding truck. The impact was so strong that it pushed his car toward a tree. He has suffered neck strain, a broken leg, and a head injury. His car has also been badly damaged. We are going to file a claim to recover damages for his injuries. What are the different kinds of damages recoverable in a car accident case?

Several types of damages can be claimed when you sustain injuries in a car accident. You can recover damages for medical expenses, lost wages or diminished employment opportunities, pain and suffering, and loss of companionship.

What is hazing?

Hazing is the practice of rituals, challenges, and other activities involving harassment, abuse or humiliation. It is used as a way of initiating a person into a group, including a new fraternity, sorority, team, or club.

Hazing Hazard

Hazing is the practice of rituals, challenges, and other activities involving harassment, abuse or humiliation. It is used as a way of initiating a person into a group, including a new fraternity, sorority, team, or club.

A comprehensive study on hazing conducted by the University of Maine in 2008 shows that more than half of college students involved in clubs, teams, and organizations experience hazing. Nearly half (47%) of students have experienced hazing prior to coming to college. Alcohol consumption, humiliation, isolation, sleep deprivation, and sex acts are hazing practices common across student groups.

Despite laws and punishments in place, hazing remains a continued practice worldwide. Some still view hazing as an effective way to teach respect and develop discipline and loyalty within the group. They believe that hazing is a necessary component of fitting into a group. This realm of psychological and sociological thinking needs to be addressed. People need to be educated to lessen and eliminate the practice of hazing.

Due to the long acceptance of hazing, and the secretive nature of its activities, particularly within college fraternities and sororities, it remains very difficult for researchers to fully uncover the social or psychological mechanisms that perpetuate hazing. Hazing continues to cost lives and cause serious injuries on campuses and training camps. However, it remains deeply embedded in our social contexts, and is therefore hard to eliminate.