Personal Injury

How Drivers Can Avoid Pedestrian Accidents

»Posted by on May 14, 2017 in Personal Injury | 0 comments

Drivers and pedestrians should both make the effort of preventing pedestrian collisions, but it can be argued that drivers should be the ones who are exerting more effort. After all, they are the ones operating the machines that can potentially hurt unsuspecting pedestrians.
Also, according to the website of the Toronto personal injury lawyers of Mazin & Associates, PC, those who have been hurt in pedestrian accidents may have legal options, such as getting compensation from the responsible parties, which are usually vehicle drivers.

Follow traffic rules

Traffic rules exist to ensure the safe flow of vehicles and pedestrians in our roads. Following them is the most basic thing you can do to avoid pedestrian accidents. Be particularly mindful of traffic light changes and instructions and warning signs, particularly those that directly involve pedestrians, such as school zone signs and slow down instructions.

Avoid reckless behaviors

It is obvious that you have to avoid blatantly reckless behaviors such as speeding and drunk driving to avoid pedestrian accidents. But there are some reckless behaviors out there that are not as blatant and are often overlooked, such as distracted driving and failing to use turn signals, especially on places where pedestrians may be crossing, like intersections.

Be alert

Be cautious on areas where pedestrians may be particularly vulnerable, such as parking lot entrances and exits, school zones, residential areas, and recreational areas such as parks and shopping malls. Be cautious on areas where pedestrians may also be limitedly visible, like poorly lit parts of the city and roads that have several parked cars where pedestrians may suddenly come out and cross the road.

Always yield

There are times where you have the right of way but a pedestrian still crosses the street. In these instances, it is better to lower your pride and let the pedestrian pass. That clearly becomes a more attractive option when you consider the possible effects of a pedestrian accident if you don’t give in. Yield to pedestrians by braking or slowing down, because swerving into another lane may present its own problems.

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The Aftermath of Dog Attacks

»Posted by on Dec 4, 2015 in Personal Injury | 0 comments

As said on the website of Habush Habush & Rottier SC, dog-bite cases are increasing in the United States. Every year, a large number of people are sent to the ER with severe injuries after being attacked by a stranger’s canine. A number of these individuals are left with awful injuries that could possess a life-long impact on their quality of life, and way too many sufferers are kids.

Monetary Approximations for Dog Bite

The monetary expense of dog bites in America is tremendous. Nevertheless, that might not even be close to the real medical costs for insurance agencies, because according to the American Medical Association, State Farm paid compensation on 11,000 dog bite cases for an overall total of 2 million in 1995. In line with the Centers for Disease Control and Prevention, dog bites account for about 164.9 million in direct medical costs every year. Commonly the dog-bite settlement is paid for from the dog owner’s homeowner’s insurance. Cost may be considerably lower the less serious the injury is. For personal victims of dog attacks, the average complete cost in doctor’s bills is around $26,166.

For victims of dog attacks, the toll could be more than monetary. When they suffer severe dog bites a lot of people must undergo rehabilitation and surgery. The mental cost of these trying encounters is often the hardest aspect of a dog-bite injury, and victims ought to have the right to compensation not just for their medical bills, but also for the additional pain and suffering due to their injuries.

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When is a Landlord Responsible for Maintenance?

»Posted by on Apr 14, 2015 in Personal Injury | 0 comments

Although there are certain exceptions, the safety and maintenance of a property is shouldered by the landlord or property owner. They have the responsibility to adhere to rules and regulations put on building codes, city or state ordinances and statutes. If you ask a Tennessee personal injury lawyer, you will likely hear that generally, the landowner has the power and authority over their property, and thus can be held liable to any damages or injuries that may occur within their property.

There are certain states or cities that do not have definitive laws regarding mold infestation, but this does not necessarily rule out their responsibility of repairing and maintaining the safety of the property. All the states in the US (except Arkansas) require landlords to be responsible in keeping up a fit and livable housing and fixing any issues on their rental property. These responsibilities include (but are not limited to) repairing broken or leaking pipes, roofs, windows, known causes of molds. If you can prove in court and to the judge (or jury) that the mold infestation was significant enough to have caused health problems, you may be able to hold the property owner or landlord liable, especially if he did not take any action to fix the leaks which lead to the growth of the molds.

One of the ways that the landlord is free from any responsibility is when the mold growth results from your own behavior – if you failed in keeping your own apartment or area clean and created an environment conducive for the growth and spread of molds, then the landlord will not be held liable. A personal injury claim will only be accepted if the injury or damage was a direct cause of another person’s negligence or carelessness.

When trying to rent a property, make sure that clauses in the agreement will not remove their liability from mold infestations. In fact, one court in Tennessee has already banned this type of clause, stating that doing so would be a violation of public policy. The only way to avoid any damages and injury claims on bases of mold infestation is by having shared responsibility with your landlord: he or she has to ensure that the property is properly maintained, and you have to make sure you prevent any factor that can contribute to mold growth as well as to report any infestation or property issues in order for the landlord to take action.

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What is Zofran?

»Posted by on Feb 20, 2015 in Personal Injury | 0 comments

Zofran (ondansetron) is a powerful anti-emetic drug developed and manufactured by British company GlaxoSmithKline. The Food and Drug Administration (FDA) approved it in 1992 for the prevention of nausea and vomiting associated with cytotoxic treatment protocols such as radiation therapy and chemotherapy, as well as that associated after surgery.

It is important to control severe nausea and vomiting in patients because it can lead to dangerous levels of dehydration and electrolyte imbalance. There are some conditions where Zofran, which is a very powerful drug, is the only solution.

However, according to the website of Williams Kherkher, there are instances that Zofran can do more harm than good. Popular off-label uses for Zofran is for nausea and vomiting of pregnancy (NVP) and hyperemesis gravidarum, cyclic vomiting syndrome, and gastroenteritis. These are considered “off-label” because the FDA has not approved it for those conditions. In most cases, there are no unexpected and serious side effects, so everybody is happy. That is not true in pregnant women.

There is good reason to believe that Zofran can increase the risk of adverse fetal outcomes when prescribed to women during their first trimester. Earlier studies did not indicate this, but further research brings its safety into question.

The studies are far from conclusive, and in some cases flatly contradict each in the most ironic ways, but the fact remains that the risks are just not known. Considering the extent of harm that can be done to the developing fetus, it is recommended that pregnant women use alternative drugs to Zofran that have been proven safe for pregnant women. It is better to err on the side of caution when protecting the children from harm.

If you have first-hand knowledge about the dangers of Zofran, consider filing a lawsuit against the manufacturer. Consult with a personal injury lawyer specializing in Zofran in your area and discuss your case. This will help you clarify your legal options.

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Sharing the Blame under the Jones Act

»Posted by on Oct 23, 2013 in Jones Act, Personal Injury | 0 comments

A maritime lawyer that specializes in the Jones Act can ensure that the proper compensation is awarded to seamen who suffer injuries in the performance of their duties. They are especially important when negligence is an issue, where non-economic damages (pain and suffering) can be awarded, because a Jones Act maritime lawyer will know when the damages awarded are commensurate to the extent of the injury and degree of culpability of the employer. However, according to http://www.goingslawfirm.com/, there are instances when proving the employer’s negligence is not enough to secure the whole of what the plaintiff believes he deserves.

Even when a personal injury claim is successful under the Jones Act, the court can decide that some of the responsibility lies with the plaintiff. This can have a significant effect on the awarding of damages, as in the case of Simeonoff v. M/V Saga (Ninth Circuit Court of Appeals, 2001).

The plaintiff was able to prove to the district court that his injuries were a direct result of negligence and unseaworthiness on board that M/V Saga at the time of the accident. However, the court also considered his years of experience in operating the equipment (launcher) that caused his injuries. The court concluded that he was partially responsible for the accident for failing to use his experience and knowledge to prevent it, that he should have known better in fact, and pegged his culpability at 30%. As a result, the damages awarded to him were reduced by that much.

The plaintiff appealed the decision, and it was a good thing that he did. Under the Jones Act, a seaman cannot be held partially responsible for any mishap that occurs onboard in the performance of his duties where negligence of the employer is clearly proven. The appeals court therefore affirmed the damages awarded by the district court, but denied the reduction of 30%, which represented the plaintiff’s “share” of the blame.  Clearly, the personal injury lawyer or lawyers in this case knew what could and could not be allowed under the Jones Act, and this benefited the plaintiff greatly.

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Construction Site Accidents and the Importance of Seeking Legal Advice

»Posted by on Oct 19, 2013 in Personal Injury, Workplace Injury | 0 comments

One of the most common causes of accidents that lead to a high rate of injuries and death is work-related; and among all job types recorded in the US Department of Labor, accidents in and around construction sites top the list.

The early part of the 20th century showed the most alarming number in construction-related accidents, where workers were the primary victims. Though definitely a very regrettable issue, something good came out of it, at least, such as the implementation of the Workers’ Compensation Law, which was passed in 1902 in Maryland. It was between 1911 and 1920, though, when majority of the states started to adopt the law (North Carolina, Florida, South Carolina, Arkansas and Mississippi were the last five states to adopt it – between 1929 and 1948). The Workers’ Compensation Law mandated majority of employers in the US to provide workers insurance benefits (which included wage replacement and medical benefits) that will ensure fast financial assistance in the event of injury or death.

Another law that was passed, to significantly reduce the occurrence of construction accidents, was the Occupational Safety and Health Act of 1970, which actually led to the creation of the Occupational Safety and Health Administration (OSHA). OSHA was tasked to “assure safe and healthful working conditions” in all working environments for the good of all employees.

By formulating safety construction site standards and making sure that employers and workers strictly observe them, OSHA has helped greatly in decreasing the number of construction site accidents. Though hundreds of fatal accidents still occurred, a significant downtrend, from 1992 – 2012, is very evident. According to the Bureau of Labor Statistics of the US Department of Labor, the number of fatalities in construction site accidents for the last five years, from 2008 – 2012, are 1,016, 879, 802, 781 and 817, respectively.

The top four causes of accidents, which OSHA calls the “Fatal Four,” are falls, electrocution, struck by object and caught-in/between. Other causes of accidents in construction sites (which may injure worker of private individuals, by the way) include insufficient scaffolding, falling objects, lack of edge protection, especially in roof work and improper use of ladders and/or hoists.

Seeking legal advice is highly important in the event of construction site accidents. A lawyer can help you with the procedures that include assessment of the extent of your injury, correctly filling out of claims forms and timely filing of your claims. This is due to the fact that many claimants are denied of their benefits due to lack of or wrong information written in forms. To many others whose claims have been approved, the amount of compensation given to them is far smaller than what they ought to receive. With a knowledgeable legal counsel assisting you, you will never fall into these added inconveniences.

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