Update on Androgel and Testosterone Treatment Lawsuits

via Tumblr hobbsr04.tumblr.com/post/125466121387 Anti-aging treatments are often too good to be true. This seems to be the case with many low testosterone treatments for men. In recent years, the safety of so-called low-T treatments, including Androgel, has been called into question, and many, many men have filed testosterone therapy lawsuits. So where do these lawsuits stand today, and what do you need to know? Mr. T. Among the alleged benefits of testosterone replacement therapy are increased energy, sex drive, muscle formation, and overall happiness. Essentially, companies like Abbott Laboratories (maker of Androgel) promise to restore a man’s virility. But these promises don’t come without risks: men who undergo low-T therapy could face an increased risk of heart attack, stroke, and even death. This has led to literally thousands of low testosterone lawsuits, with treatment manufacturers trying to dismiss cases hundreds at a time. Because Androgel is the most popular low-T drug on the market, many of these lawsuits have been aimed at Abbott Labs. Low-T, Big Litigation Lawsuits related to testosterone replacement therapy are generally based on product liability whereby manufacturers are responsible for hazardous products, including dangerous drugs. Drug lawsuits claim that a manufacturer failed to properly test drugs, manufactured them in unsafe ways, or failed to properly warn users of the effects or side-effects of the drug. Some of the lawsuits against Abbott and other testosterone therapy makers are class actions, where a single lawsuit is filed on behalf of a large class of people who have suffered the same or similar injuries. In most cases, those eligible for a class action will be notified, but you may need to contact the attorneys in a case in order to be added to the class. You may want to check Consumer-Action.org and ClassAction.org for pending cases. If you’ve taken Androgel or some other low-T therapy and have suffered damaging side-effects, you should consult with an experienced injury attorney near you. Related Resources: Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury) 5 Things a Personal Injury Lawyer Can Do (That You Probably Can’t) (FindLaw’s Injured) Low-Testosterone Treatment Lawsuits: 5 Common Questions (FindLaw’s Injured) Pharmaceutical Drug Liability (FindLaw) from Injured blogs.findlaw.com/injured/2015/07/update-on-androgel-and-... via Blogger hobbsr04.blogspot.com/2015/07/update-on-androgel-and-test...

via Flickr http://www.flickr.com/photos/87814799@N02/20128218846

Update on Androgel and Testosterone Treatment Lawsuits

Anti-aging treatments are often too good to be true. This seems to be the case with many low testosterone treatments for men.

In recent years, the safety of so-called low-T treatments, including Androgel, has been called into question, and many, many men have filed testosterone therapy lawsuits. So where do these lawsuits stand today, and what do you need to know?

Mr. T.

Among the alleged benefits of testosterone replacement therapy are increased energy, sex drive, muscle formation, and overall happiness. Essentially, companies like Abbott Laboratories (maker of Androgel) promise to restore a man’s virility. But these promises don’t come without risks: men who undergo low-T therapy could face an increased risk of heart attack, stroke, and even death.

This has led to literally thousands of low testosterone lawsuits, with treatment manufacturers trying to dismiss cases hundreds at a time. Because Androgel is the most popular low-T drug on the market, many of these lawsuits have been aimed at Abbott Labs.

Low-T, Big Litigation

Lawsuits related to testosterone replacement therapy are generally based on product liability whereby manufacturers are responsible for hazardous products, including dangerous drugs. Drug lawsuits claim that a manufacturer failed to properly test drugs, manufactured them in unsafe ways, or failed to properly warn users of the effects or side-effects of the drug.

Some of the lawsuits against Abbott and other testosterone therapy makers are class actions, where a single lawsuit is filed on behalf of a large class of people who have suffered the same or similar injuries. In most cases, those eligible for a class action will be notified, but you may need to contact the attorneys in a case in order to be added to the class. You may want to check Consumer-Action.org and ClassAction.org for pending cases.

If you’ve taken Androgel or some other low-T therapy and have suffered damaging side-effects, you should consult with an experienced injury attorney near you.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• 5 Things a Personal Injury Lawyer Can Do (That You Probably Can’t) (FindLaw’s Injured)
• Low-Testosterone Treatment Lawsuits: 5 Common Questions (FindLaw’s Injured)
• Pharmaceutical Drug Liability (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/07/update-on-androgel-and-testosterone-treatment-lawsuits.html

When Is It Too Late to Sue for Wrongful Death?

via Tumblr hobbsr04.tumblr.com/post/125360969647 Just about every criminal and civil case has a time limit — a statute of limitations that creates a deadline for filing a case. But there’s no statute of limitations for murder cases, so would the same be true for wrongful death claims? While wrongful death claims are still subject to statutes of limitation, it turns out there are some unique considerations when it comes to applying time limits to wrongful death lawsuits. The “Discovery of Harm” Rule Each state may have different statute of limitations laws, but knowing how long you have to file a claim is only half the equation. Once you’ve figured out the time limits to bringing a case, the next step is determining when the clock starts ticking. For most injury claims, the statute starts tolling when the person filing the suit knew, or should have known, that they suffered some harm or injury, and the nature of the harm or injury. And for most injuries, the clock starts ticking immediately — it doesn’t take long after a car accident or a slip-and-fall to know if you’re hurt and why. But this isn’t always the case for wrongful death claims. Time Limits and Wrongful Death Claims Courts in some states consider the right to bring a wrongful death as fundamental. As such, they have held that the limitation period for a wrongful death action doesn’t begin to run until the death of the injured person. On the other hand, some states apply the “discovery of harm” in wrongful death actions where the decedent knew or should have known of the cause of his illness or injury before his death. If so, the running of the limitations period in the wrongful death action would start before the decedent’s death. In addition, state rules regarding product liability could differ in wrongful death cases. While certain state laws will apply special limitations periods to product liability cases that begin running at the time of death, there are also states that prohibit product liability claims after a product has reached a certain age or been off the market for an extended period of time. Some states may set their statute of limitations for wrongful death claims as short as one year. If you’re considering a wrongful death claim you should speak to an experienced attorney as soon as possible. Related Resources: Have a wrongful death claim? Get your claim reviewed for free. (Consumer Injury) Wrongful Death Claims: Time Limits and the “Discovery” Rule (FindLaw) When Is It Too Late to Sue for Injury? (FindLaw’s Injured) Wrongful Death FAQ (FindLaw) from Injured blogs.findlaw.com/injured/2015/07/when-is-it-too-late-to-... via Blogger hobbsr04.blogspot.com/2015/07/when-is-it-too-late-to-sue-...

via Flickr http://www.flickr.com/photos/87814799@N02/19934603819

When Is It Too Late to Sue for Wrongful Death?

Just about every criminal and civil case has a time limit — a statute of limitations that creates a deadline for filing a case. But there’s no statute of limitations for murder cases, so would the same be true for wrongful death claims?

While wrongful death claims are still subject to statutes of limitation, it turns out there are some unique considerations when it comes to applying time limits to wrongful death lawsuits.

The “Discovery of Harm” Rule

Each state may have different statute of limitations laws, but knowing how long you have to file a claim is only half the equation. Once you’ve figured out the time limits to bringing a case, the next step is determining when the clock starts ticking.

For most injury claims, the statute starts tolling when the person filing the suit knew, or should have known, that they suffered some harm or injury, and the nature of the harm or injury. And for most injuries, the clock starts ticking immediately — it doesn’t take long after a car accident or a slip-and-fall to know if you’re hurt and why. But this isn’t always the case for wrongful death claims.

Time Limits and Wrongful Death Claims

Courts in some states consider the right to bring a wrongful death as fundamental. As such, they have held that the limitation period for a wrongful death action doesn’t begin to run until the death of the injured person.

On the other hand, some states apply the “discovery of harm” in wrongful death actions where the decedent knew or should have known of the cause of his illness or injury before his death. If so, the running of the limitations period in the wrongful death action would start before the decedent’s death.

In addition, state rules regarding product liability could differ in wrongful death cases. While certain state laws will apply special limitations periods to product liability cases that begin running at the time of death, there are also states that prohibit product liability claims after a product has reached a certain age or been off the market for an extended period of time.

Some states may set their statute of limitations for wrongful death claims as short as one year. If you’re considering a wrongful death claim you should speak to an experienced attorney as soon as possible.

Related Resources:

• Have a wrongful death claim? Get your claim reviewed for free. (Consumer Injury)
• Wrongful Death Claims: Time Limits and the “Discovery” Rule (FindLaw)
• When Is It Too Late to Sue for Injury? (FindLaw’s Injured)
• Wrongful Death FAQ (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/07/when-is-it-too-late-to-sue-for-wrongful-death.html

If I get Sick From a Customer, Is My Employer Responsible?

via Tumblr hobbsr04.tumblr.com/post/125279653772 Many types of employment involve close interactions with customers. People with a cold, the flu, or something worse may wander into our offices or businesses, putting healthy employees at risk. So if you catch an illness from a customer, is your boss liable? Workers Comp for the Common Cold Workers’ compensation insurance is designed to compensate employees for work-related injuries. If you are unable to work due to injuries or illness caused by the conditions of your workplace or your work duties, you may be eligible for compensation benefits. If your work required you to be in contact with sick customers, and that contact caused you to get sick, you could file a workers’ comp claim with your employer. Note that some states don’t cover diseases or even the flu. In addition, proving your illness came at work and through exposure to customers (and not some other way) could be difficult, if not impossible. So workers’ comp claims based on getting sick from a customer may not be easy, if they are possible at all. Suing for Getting Sick Workers’ comp isn’t your only avenue for compensation. If your employer was negligent in training or supervising you or in allowing sick customers into the business, you could file a lawsuit. For instance, if you work at a hospital and the hospital did not provide you with the proper training or equipment to deal with a patient with Ebola, and you subsequently contract Ebola from a patient, you may have a valid case against the hospital. That said, getting the flu from a shopper across the counter may be more difficult to prove to a jury. There are some instances, including when the injury was caused by a third party, when it is better to file a lawsuit than a workers’ comp claim. If you need help filing a workers’ compensation claim, or your workers’ comp claim has been denied, you may want to talk to an experienced attorney near you. Related Resources: Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) Workers’ Compensation (FindLaw’s Injured) Can You Force Sick Employees to Go Home? (FindLaw’s Free Enterprise) Can I Get Workers’ Comp For a Heart Attack? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/07/if-i-get-sick-from-a-cu... via Blogger hobbsr04.blogspot.com/2015/07/if-i-get-sick-from-customer...

via Flickr http://www.flickr.com/photos/87814799@N02/20099902851

If I get Sick From a Customer, Is My Employer Responsible?

Many types of employment involve close interactions with customers. People with a cold, the flu, or something worse may wander into our offices or businesses, putting healthy employees at risk.

So if you catch an illness from a customer, is your boss liable?

Workers Comp for the Common Cold

Workers’ compensation insurance is designed to compensate employees for work-related injuries. If you are unable to work due to injuries or illness caused by the conditions of your workplace or your work duties, you may be eligible for compensation benefits.

If your work required you to be in contact with sick customers, and that contact caused you to get sick, you could file a workers’ comp claim with your employer. Note that some states don’t cover diseases or even the flu.

In addition, proving your illness came at work and through exposure to customers (and not some other way) could be difficult, if not impossible. So workers’ comp claims based on getting sick from a customer may not be easy, if they are possible at all.

Suing for Getting Sick

Workers’ comp isn’t your only avenue for compensation. If your employer was negligent in training or supervising you or in allowing sick customers into the business, you could file a lawsuit.

For instance, if you work at a hospital and the hospital did not provide you with the proper training or equipment to deal with a patient with Ebola, and you subsequently contract Ebola from a patient, you may have a valid case against the hospital. That said, getting the flu from a shopper across the counter may be more difficult to prove to a jury.

There are some instances, including when the injury was caused by a third party, when it is better to file a lawsuit than a workers’ comp claim.

If you need help filing a workers’ compensation claim, or your workers’ comp claim has been denied, you may want to talk to an experienced attorney near you.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• Workers’ Compensation (FindLaw’s Injured)
• Can You Force Sick Employees to Go Home? (FindLaw’s Free Enterprise)
• Can I Get Workers’ Comp For a Heart Attack? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/07/if-i-get-sick-from-a-customer-is-my-employer-responsible.html

Can I Get Disability for ADD or ADHD?

via Tumblr hobbsr04.tumblr.com/post/125191082632 Many children who have a limited attention span have been diagnosed with attention deficit disorder (ADD), and if their disorder includes impulsiveness or hyperactivity, they may be diagnosed with attention deficit hyperactivity disorder (ADHD). Both ADD and ADHD can have severe impacts on a child’s ability to learn, as well as an adult’s ability to work. Disability insurance is designed to compensate someone if they are disabled and unable to work. But does ADD or ADHD qualify as a disability? ADD, ADHD, and the SSA ADD and ADHD are listed as qualifying mental disorders for social security disability benefits for children. For adults, the Social Security Administration doesn’t list specific disorders that are eligible for disability. Instead, eligibility for disability benefits is determined by their specific level of impairment and whether the impairment substantially limits one or more major life activities, such as obtaining and keeping a job. For both children and adults, it may be difficult to get disability for ADD or ADHD — only the most severe cases of attention deficit disorders are approved for disability. If you have disability insurance, you should file a claim with your disability insurer. If you don’t already have a disability policy, you can check to see if you are eligible for Social Security Disability. Disability Insurance and SSDI Be aware that private disability insurance policies (which can cover both short and long term disability) and Social Security Disability Insurance are two separate programs. With private disability insurance, the benefits can vary depending on the type of plan. Also, SSDI only covers workers above a certain age and caps benefits at a specific amount. Disability insurance is also different from workers’ compensation insurance, which only applies if you are injured at work. Normally, workers’ comp benefits are the only option for work-related injuries, but you could be eligible for disability benefits if those benefits are higher than the workers’ comp. You may also receive disability benefits if you’re workers’ comp claim is being contested or has been denied. Disability coverage and benefits can be complicated. If you have questions about your disability coverage, or if you’ve had a disability claim denied, you may want to consult with an experienced disability attorney in your area. Related Resources: Was your long-term disability insurance claim denied? Have your claim reviewed for free. (Consumer Injury) Disability / SSDI (FindLaw’s Injured) Is My Injury Work Related? (FindLaw’s Injured) Study Links ADHD Drugs to Sudden Death in Kids (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/07/can-i-get-disability-in... via Blogger hobbsr04.blogspot.com/2015/07/can-i-get-disability-for-ad...

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Can I Get Disability for ADD or ADHD?

Many children who have a limited attention span have been diagnosed with attention deficit disorder (ADD), and if their disorder includes impulsiveness or hyperactivity, they may be diagnosed with attention deficit hyperactivity disorder (ADHD). Both ADD and ADHD can have severe impacts on a child’s ability to learn, as well as an adult’s ability to work.

Disability insurance is designed to compensate someone if they are disabled and unable to work. But does ADD or ADHD qualify as a disability?

ADD, ADHD, and the SSA

ADD and ADHD are listed as qualifying mental disorders for social security disability benefits for children. For adults, the Social Security Administration doesn’t list specific disorders that are eligible for disability. Instead, eligibility for disability benefits is determined by their specific level of impairment and whether the impairment substantially limits one or more major life activities, such as obtaining and keeping a job.

For both children and adults, it may be difficult to get disability for ADD or ADHD — only the most severe cases of attention deficit disorders are approved for disability.

If you have disability insurance, you should file a claim with your disability insurer. If you don’t already have a disability policy, you can check to see if you are eligible for Social Security Disability.

Disability Insurance and SSDI

Be aware that private disability insurance policies (which can cover both short and long term disability) and Social Security Disability Insurance are two separate programs. With private disability insurance, the benefits can vary depending on the type of plan. Also, SSDI only covers workers above a certain age and caps benefits at a specific amount.

Disability insurance is also different from workers’ compensation insurance, which only applies if you are injured at work. Normally, workers’ comp benefits are the only option for work-related injuries, but you could be eligible for disability benefits if those benefits are higher than the workers’ comp. You may also receive disability benefits if you’re workers’ comp claim is being contested or has been denied.

Disability coverage and benefits can be complicated. If you have questions about your disability coverage, or if you’ve had a disability claim denied, you may want to consult with an experienced disability attorney in your area.

Related Resources:

• Was your long-term disability insurance claim denied? Have your claim reviewed for free. (Consumer Injury)
• Disability / SSDI (FindLaw’s Injured)
• Is My Injury Work Related? (FindLaw’s Injured)
• Study Links ADHD Drugs to Sudden Death in Kids (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/07/can-i-get-disability-insurance-benefits-for-add-or-adhd.html

Playground Injuries: Can I Sue?

via Tumblr hobbsr04.tumblr.com/post/124950340387 As every parent knows, kids are accident prone. Each time your child leaves a playground without a broken bone or a scraped knee, you can count it as a victory. But sometimes accidents are bound to happen. Playgrounds might seem like innocent symbols of childhood, but the potential for injuries are great. From minor scrapes and bruises to painful cuts and bone breaks, more than 200,000 children are treated for playground-related injuries each year. If your child is injured on the playground, can you sue? Common Injuries and Risk Factors According to the National Playground Safety Institute (NPSI), here are some leading causes of playground injuries: Improper protective surfacing Inadequate fall zone Protrusion and entanglement hazards Entrapment in openings Insufficient equipment spacing Trip hazards Playground Liability If your child is injured on a playground, you’ll likely be suing for negligence or a product defect. For negligence, you’ll have to show that whoever owns and maintains the playground had a duty to maintain a safe playground but failed to do so, causing your child injury. For a product liability claim, you’ll likely have to show that there is some defect in the way the playground was designed or put together that caused your child injury when the playground was used for its intended purpose. Who to Sue? In a lawsuit for playground injuries, there are several possible defendants: the owner of the playground, the manufacturer of the playground, the contractor who put it together, etc. If the playground is at a park on public property, you may run into some trouble suing the city. Suing the government Suing the government is much more complex than suing a private party. Government entities often have immunity from lawsuits. To overcome government immunity, you’ll often be required to give notice and file a claim with the city first before you can sue. This gives the city an opportunity to investigate the case and make a settlement offer if it thinks one is warranted. You’ll only be able to sue for damages if and after the city rejects your claim. If your child has been injured while on a playground, consult with an experienced personal injury attorney for help evaluating your case and filing a claim. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Heat Wave Injuries, Illnesses: Who’s Liable? (FindLaw’s Injured) Teachers Force Boy with Broken Leg to Crawl to Class (FindLaw’s Injured) ‘Red Rover’ Injury Lawsuit Settles for $15K (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/07/playground-injuries-can... via Blogger hobbsr04.blogspot.com/2015/07/playground-injuries-can-i-s...

via Flickr http://www.flickr.com/photos/87814799@N02/19357202504

Playground Injuries: Can I Sue?

As every parent knows, kids are accident prone. Each time your child leaves a playground without a broken bone or a scraped knee, you can count it as a victory. But sometimes accidents are bound to happen.

Playgrounds might seem like innocent symbols of childhood, but the potential for injuries are great. From minor scrapes and bruises to painful cuts and bone breaks, more than 200,000 children are treated for playground-related injuries each year.

If your child is injured on the playground, can you sue?

Common Injuries and Risk Factors

According to the National Playground Safety Institute (NPSI), here are some leading causes of playground injuries:

• Improper protective surfacing
• Inadequate fall zone
• Protrusion and entanglement hazards
• Entrapment in openings
• Insufficient equipment spacing
• Trip hazards

Playground Liability

If your child is injured on a playground, you’ll likely be suing for negligence or a product defect.

For negligence, you’ll have to show that whoever owns and maintains the playground had a duty to maintain a safe playground but failed to do so, causing your child injury. For a product liability claim, you’ll likely have to show that there is some defect in the way the playground was designed or put together that caused your child injury when the playground was used for its intended purpose.

Who to Sue?

In a lawsuit for playground injuries, there are several possible defendants: the owner of the playground, the manufacturer of the playground, the contractor who put it together, etc. If the playground is at a park on public property, you may run into some trouble suing the city.

Suing the government

Suing the government is much more complex than suing a private party. Government entities often have immunity from lawsuits.

To overcome government immunity, you’ll often be required to give notice and file a claim with the city first before you can sue. This gives the city an opportunity to investigate the case and make a settlement offer if it thinks one is warranted. You’ll only be able to sue for damages if and after the city rejects your claim.

If your child has been injured while on a playground, consult with an experienced personal injury attorney for help evaluating your case and filing a claim.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Heat Wave Injuries, Illnesses: Who’s Liable? (FindLaw’s Injured)
• Teachers Force Boy with Broken Leg to Crawl to Class (FindLaw’s Injured)
• ‘Red Rover’ Injury Lawsuit Settles for $15K (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/07/playground-injuries-can-i-sue.html

Trending Disability Insurance Legal Questions From FindLaw Answers

via Tumblr hobbsr04.tumblr.com/post/124872952777 You’ve got questions … we’ve got answers. If you have not yet asked or answered a question in FindLaw’s Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that. We see a lot of great questions in our Answers community every day. Here’s a look at some recent questions relating to disability insurance from our FindLaw Answers boards: 1. What’s the difference between long-term and short-term disability insurance? Should I get one type over the other? Or should I get both? Whether you go for short-term or long-term disability insurance, either form will give you some amount of added security against the possibility of losing income from an injury or illness. There are pros and cons to each form of disability insurance. So deciding which policy is right for you basically depends on your age, occupation, health, and financial circumstances. Like the name suggests, short-term disability insurance provides benefits for a relatively short period of time (between three months and two years). Though benefits don’t last long, policies are less expensive than long-term policies. Long-term disability policies, on the other hand, can last until the policyholder reaches 75 years old – or as long as he or she remains disabled. To determine which policy is right for you, discuss your situation with a local disability lawyer. 2. I filed a claim with my disability insurance provider after I suffered a work-related injury that forced me to stop working. My claim was denied. What should I do next? This poster was injured on the job, leaving him or her no longer able to work. Adding insult to injury, since the disability claim was denied, he or she is now left without an income to pay off mounting medical bills. No wonder the poster is frustrated – it seems like a no-win situation… Luckily, most disability plans have an appeals process. Oftentimes, claims are denied because documents are missing, or because further medical examinations are required. Even if the reason for the initial denial is one that seems like it can be easily remedied during the appeals process, it’s generally a good idea to work with an experienced lawyer to make sure deadlines are met and all necessary paperwork is provided. You can get started with your appeal right away by getting a free case evaluation by a local attorney. Related Resources: Have an disability claim? Get your claim reviewed for free. (Consumer Injury) Disability Insurance Claim Denied? What Can You Do Next? (FindLaw’s Injured) Top Disability Insurance Legal Questions From FindLaw Answers (FindLaw’s Learn About The Law) from Injured blogs.findlaw.com/injured/2015/07/trending-disability-ins... via Blogger hobbsr04.blogspot.com/2015/07/trending-disability-insuran...

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3 Common Dangerous Gun Malfunctions

via Tumblr hobbsr04.tumblr.com/post/124872953257 The last thing you want to malfunction is your gun. Imagine that hunk of metal exploding in your hands at about eye level, blasting shrapnel and bullets near your hands, arms, and face. Guns can malfunction in many ways. Often, the malfunction is a simple misfire. The trigger is pulled and nothing happens. Other times, the malfunction could be catastrophic. Here are three common dangerous gun malfunctions to watch out for: 1. Incomplete Discharge (Squib Load) An incomplete discharge occurs when a round is fired but gets lodged inside the gun barrel. A second round shot after the incomplete discharge will strike the lodged round and can cause the gun to explode. 2. Delayed Discharge A delayed discharge can occur when a gun fails to fire but hasn’t totally malfunctioned. This occurs when the trigger is pulled and the primer goes off. However, the propellant in the cartridge burns slowly until enough pressure builds up to push the bullet out of the barrel a few sends later. If you pull the trigger and nothing happens, you should continue to hold the gun downrange away from you for about 30 seconds. You don’t want to look into the barrel of the gun, just to be surprised by a bullet flying into your face. If the gun has not fired after 30 seconds, you should remove the dud cartridge rather than trying to fire it again. 3. Failure to Extract When a cartridge is fired, it must then be extracted by the gun’s mechanism and ejected. However, a dirty, rusted, or corroded gun could fail to extract the used cartridge. Then, a live round is forced into the base of the unextracted cartridge, possibly causing the gun to explode. Personal Injury Claim Gun sometimes malfunction due to user error. However, if the gun malfunction was caused by a defect in the design or production, you may have a personal injury claim. Under the doctrine of strict liability, a manufacturer, seller, and anyone in between, can be liable for injuries and damage caused by a defect if: The product had an unreasonably dangerous defect. The defect caused an injury when the product was used in its intended method and for the its intended purpose. The product had not been substantially changed from its original condition. If you’ve been injured by a gun malfunction, consult with an experienced personal injury attorney for help. Related Resources: Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury) Legal Basis for Liability in Product Cases (FindLaw’s Learn About The Law) Can I Ship a Gun? (FindLaw’s Blotter) 5 BB Gun Laws You Need to Know (FindLaw’s Blotter) from Injured blogs.findlaw.com/injured/2015/07/3-common-dangerous-gun-... via Blogger hobbsr04.blogspot.com/2015/07/3-common-dangerous-gun-malf...

via Flickr http://www.flickr.com/photos/87814799@N02/19333834153

3 Common Dangerous Gun Malfunctions

The last thing you want to malfunction is your gun.

Imagine that hunk of metal exploding in your hands at about eye level, blasting shrapnel and bullets near your hands, arms, and face. Guns can malfunction in many ways. Often, the malfunction is a simple misfire. The trigger is pulled and nothing happens. Other times, the malfunction could be catastrophic.

Here are three common dangerous gun malfunctions to watch out for:

1. Incomplete Discharge (Squib Load)

An incomplete discharge occurs when a round is fired but gets lodged inside the gun barrel. A second round shot after the incomplete discharge will strike the lodged round and can cause the gun to explode.

2. Delayed Discharge

A delayed discharge can occur when a gun fails to fire but hasn’t totally malfunctioned. This occurs when the trigger is pulled and the primer goes off. However, the propellant in the cartridge burns slowly until enough pressure builds up to push the bullet out of the barrel a few sends later.

If you pull the trigger and nothing happens, you should continue to hold the gun downrange away from you for about 30 seconds. You don’t want to look into the barrel of the gun, just to be surprised by a bullet flying into your face. If the gun has not fired after 30 seconds, you should remove the dud cartridge rather than trying to fire it again.

3. Failure to Extract

When a cartridge is fired, it must then be extracted by the gun’s mechanism and ejected. However, a dirty, rusted, or corroded gun could fail to extract the used cartridge. Then, a live round is forced into the base of the unextracted cartridge, possibly causing the gun to explode.

Personal Injury Claim

Gun sometimes malfunction due to user error. However, if the gun malfunction was caused by a defect in the design or production, you may have a personal injury claim.

Under the doctrine of strict liability, a manufacturer, seller, and anyone in between, can be liable for injuries and damage caused by a defect if:

• The product had an unreasonably dangerous defect.
• The defect caused an injury when the product was used in its intended method and for the its intended purpose.
• The product had not been substantially changed from its original condition.

If you’ve been injured by a gun malfunction, consult with an experienced personal injury attorney for help.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• Legal Basis for Liability in Product Cases (FindLaw’s Learn About The Law)
• Can I Ship a Gun? (FindLaw’s Blotter)
• 5 BB Gun Laws You Need to Know (FindLaw’s Blotter)

from Injured http://blogs.findlaw.com/injured/2015/07/3-common-dangerous-gun-malfunctions.html

Trending Disability Insurance Legal Questions From FindLaw Answers

You've got questions ... we've got answers. If you have not yet asked or answered a question in FindLaw's Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here's a look at some recent questions relating to disability insurance from our FindLaw Answers boards:

1. What's the difference between long-term and short-term disability insurance? Should I get one type over the other? Or should I get both?

Whether you go for short-term or long-term disability insurance, either form will give you some amount of added security against the possibility of losing income from an injury or illness. There are pros and cons to each form of disability insurance. So deciding which policy is right for you basically depends on your age, occupation, health, and financial circumstances.

Like the name suggests, short-term disability insurance provides benefits for a relatively short period of time (between three months and two years). Though benefits don't last long, policies are less expensive than long-term policies. Long-term disability policies, on the other hand, can last until the policyholder reaches 75 years old -- or as long as he or she remains disabled. To determine which policy is right for you, discuss your situation with a local disability lawyer.

2. I filed a claim with my disability insurance provider after I suffered a work-related injury that forced me to stop working. My claim was denied. What should I do next?

This poster was injured on the job, leaving him or her no longer able to work. Adding insult to injury, since the disability claim was denied, he or she is now left without an income to pay off mounting medical bills. No wonder the poster is frustrated -- it seems like a no-win situation...

Luckily, most disability plans have an appeals process. Oftentimes, claims are denied because documents are missing, or because further medical examinations are required.

Even if the reason for the initial denial is one that seems like it can be easily remedied during the appeals process, it's generally a good idea to work with an experienced lawyer to make sure deadlines are met and all necessary paperwork is provided. You can get started with your appeal right away by getting a free case evaluation by a local attorney.

Related Resources:

• Have an disability claim? Get your claim reviewed for free. (Consumer Injury)
• Disability Insurance Claim Denied? What Can You Do Next? (FindLaw's Injured)
• Top Disability Insurance Legal Questions From FindLaw Answers (FindLaw's Learn About The Law)

from Injured http://blogs.findlaw.com/injured/2015/07/trending-disability-insurance-legal-questions-from-findlaw-answers.html

Hang Glider Accident Liability

via Tumblr hobbsr04.tumblr.com/post/124855335587 An instructor and an 11-year-old boy were killed in a hang gliding crash near Jean, Nevada last March. A subsequent investigation revealed that the instructor did not have the proper permits to be flying in that location, and his business wasn’t licensed in the counties in which it was operating. So who regulates hang gliding companies, and who is liable in a hang glider accident? Industry Self-Regulation Hang gliding is regulated by the U.S. Hang Gliding and Paragliding Association. Although USHPA encourages membership from “all those who wish to fly,” neither John Kelly Harrison, the instructor killed in the crash, nor his company, Las Vegas Hang Gliding, are listed as members. According to its website, USHPA also offers: A pilot rating program. A structured instructor certification program. A training structure for tandem flight and aero towing. Local club affiliation for the benefit of negotiated site insurance coverage. A national magazine for flying, product and safety information. Third party and participant liability insurance coverage for members. Accident Investigation Because Harrison and Arys Moorhead, an 11-year-old from Farmington, New Mexico, were flying over federal land, the fatal crash was investigated by the Bureau of Land Management. A BLM spokesperson said Harrison was not permitted to fly in the area, a dry lake bed 30 miles south of Las Vegas. The Moorheads were visiting the area and decided to try hang gliding. The tandem glider with Harrison and Moorhead was tethered to a truck to raise and steady it. The truck’s driver thought Harrison had released the glider when he made an abrupt turn, causing the accident. It’s unclear if Harrison or his company, Las Vegas Hang Gliding, carried commercial liability insurance, or if the Moorheads would pursue a wrongful death claim. Police have not charged the truck driver in the accident. Take Precautions Before Taking to the Skies Thrill-seekers looking to try hang gliding should make sure the instructor and company are properly permitted, licensed, and insured. If you’ve been injured in a hang gliding accident, you may want to consult with an experienced injury attorney today. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Wrongful Death (FindLaw’s Injured) What is a Wrongful Death Lawsuit? (FindLaw) When Is It Too Late to Sue for Injury? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/07/hang-glider-accident-li... via Blogger hobbsr04.blogspot.com/2015/07/hang-glider-accident-liabil...

via Flickr http://www.flickr.com/photos/87814799@N02/19327218934

Hang Glider Accident Liability

An instructor and an 11-year-old boy were killed in a hang gliding crash near Jean, Nevada last March. A subsequent investigation revealed that the instructor did not have the proper permits to be flying in that location, and his business wasn’t licensed in the counties in which it was operating.

So who regulates hang gliding companies, and who is liable in a hang glider accident?

Industry Self-Regulation

Hang gliding is regulated by the U.S. Hang Gliding and Paragliding Association. Although USHPA encourages membership from “all those who wish to fly,” neither John Kelly Harrison, the instructor killed in the crash, nor his company, Las Vegas Hang Gliding, are listed as members.

According to its website, USHPA also offers:

1. A pilot rating program.
2. A structured instructor certification program.
3. A training structure for tandem flight and aero towing.
4. Local club affiliation for the benefit of negotiated site insurance coverage.
5. A national magazine for flying, product and safety information.
6. Third party and participant liability insurance coverage for members.

Accident Investigation

Because Harrison and Arys Moorhead, an 11-year-old from Farmington, New Mexico, were flying over federal land, the fatal crash was investigated by the Bureau of Land Management. A BLM spokesperson said Harrison was not permitted to fly in the area, a dry lake bed 30 miles south of Las Vegas.

The Moorheads were visiting the area and decided to try hang gliding. The tandem glider with Harrison and Moorhead was tethered to a truck to raise and steady it. The truck’s driver thought Harrison had released the glider when he made an abrupt turn, causing the accident.

It’s unclear if Harrison or his company, Las Vegas Hang Gliding, carried commercial liability insurance, or if the Moorheads would pursue a wrongful death claim. Police have not charged the truck driver in the accident.

Take Precautions Before Taking to the Skies

Thrill-seekers looking to try hang gliding should make sure the instructor and company are properly permitted, licensed, and insured. If you’ve been injured in a hang gliding accident, you may want to consult with an experienced injury attorney today.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Wrongful Death (FindLaw’s Injured)
• What is a Wrongful Death Lawsuit? (FindLaw)
• When Is It Too Late to Sue for Injury? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/07/hang-glider-accident-liability.html

5 Tips for Writing a Personal Injury Demand Letter

via Tumblr hobbsr04.tumblr.com/post/124793543387 Sometimes, getting compensation for your injuries can be as easy as writing a strong and convincing demand letter. Here are some tips to help you write a powerful personal injury demand letter: 1. Gather All Your Facts Before you write anything down, make sure you’ve gone to a doctor and had all your injuries diagnosed. Keep and gather any doctor’s notes and medical invoices. Get pay stubs if you missed any days of work and lost wages. If there was also other damage to your car, get an estimate of the damages or any receipts for repairs. You want to make sure you’re demanding enough money to compensate you for all your injuries, and you want to have enough evidence to back up your demands. 2. Present Your Best Arguments A demand letter opens the negotiation process. So, you want to have the high ground in the negotiation by presenting your claim in the most favorable way to you as possible. Lay out your arguments for why the other party is liable. List out the injuries your suffered, the medical treatments you had, the income you lost, and any other damages you may have suffered. Point out any weaknesses you may see in the other side’s case. 3. Ignore the Weaknesses in Your Case Don’t do the insurance company’s job and point out weaknesses in your case for them. It’s up to the insurance adjuster to spot any weaknesses and bring it up in the negotiation process. You do not have to do so. 4. Feel Free to Highball Don’t write a demand letter without making a demand. Also, don’t be afraid to throw out a number that you may think is too high. Remember this is a negotiation. If your demand is too high, the insurance company will offer a lower number, and the two of you can go back and forth. If you demand a low amount, chances are the insurance company will offer an even lower number, and you won’t get anywhere near enough to fully compensate you. 5. Don’t Sound Desperate With high medical bills and lost wages, you probably need your money fast. But, don’t sound desperate for a quick settlement in your demand letter. Insurance companies want to avoid trial as much as you do. However, if they know you’re desperately afraid to go to trial or need money fast, they may take advantage of that and offer you a low settlement amount. Does this sound like too much work? Consult with an experienced personal injury attorney instead to have a lawyer write your demand letter for you. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) 5 Tips for a Writing Flawless Demand Letter (FindLaw’s Greedy Associates) Ten Tips for Writing an Effective Demand Letter (FindLaw) 3 Ways to Get Compensation For An Injury Without Suing (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/07/5-tips-for-writing-a-pe... via Blogger hobbsr04.blogspot.com/2015/07/5-tips-for-writing-personal...

via Flickr http://www.flickr.com/photos/87814799@N02/19903149296

5 Tips for Writing a Personal Injury Demand Letter

Sometimes, getting compensation for your injuries can be as easy as writing a strong and convincing demand letter.

Here are some tips to help you write a powerful personal injury demand letter:

1. Gather All Your Facts

Before you write anything down, make sure you've gone to a doctor and had all your injuries diagnosed. Keep and gather any doctor's notes and medical invoices. Get pay stubs if you missed any days of work and lost wages. If there was also other damage to your car, get an estimate of the damages or any receipts for repairs.

You want to make sure you're demanding enough money to compensate you for all your injuries, and you want to have enough evidence to back up your demands.

2. Present Your Best Arguments

A demand letter opens the negotiation process. So, you want to have the high ground in the negotiation by presenting your claim in the most favorable way to you as possible.

Lay out your arguments for why the other party is liable. List out the injuries your suffered, the medical treatments you had, the income you lost, and any other damages you may have suffered. Point out any weaknesses you may see in the other side's case.

3. Ignore the Weaknesses in Your Case

Don't do the insurance company's job and point out weaknesses in your case for them. It's up to the insurance adjuster to spot any weaknesses and bring it up in the negotiation process. You do not have to do so.

4. Feel Free to Highball

Don't write a demand letter without making a demand. Also, don't be afraid to throw out a number that you may think is too high. Remember this is a negotiation. If your demand is too high, the insurance company will offer a lower number, and the two of you can go back and forth. If you demand a low amount, chances are the insurance company will offer an even lower number, and you won't get anywhere near enough to fully compensate you.

5. Don't Sound Desperate

With high medical bills and lost wages, you probably need your money fast. But, don't sound desperate for a quick settlement in your demand letter. Insurance companies want to avoid trial as much as you do. However, if they know you're desperately afraid to go to trial or need money fast, they may take advantage of that and offer you a low settlement amount.

Does this sound like too much work? Consult with an experienced personal injury attorney instead to have a lawyer write your demand letter for you.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• 5 Tips for a Writing Flawless Demand Letter (FindLaw's Greedy Associates)
• Ten Tips for Writing an Effective Demand Letter (FindLaw)
• 3 Ways to Get Compensation For An Injury Without Suing (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/07/5-tips-for-writing-a-personal-injury-demand-letter.html

Is My Employer Liable for My Car Accident?

via Tumblr hobbsr04.tumblr.com/post/124776619727 If you’re at fault in a car accident, you’re liable for your damages. Simple. This straightforward issue of liability can become complicated if, at the time of the accident, you were on the clock working, or you were driving the company car. Is your employer ever liable for your car accidents? Vicarious Liability Under the principle of vicarious liability, an employers can be liable for an employee’s actions, negligent or otherwise, in certain circumstances. Vicarious liability applies if: The employee’s actions were within the scope of employment. The employee’s actions were done on the job. The employee was doing an activity the employee was hired to do. The employer benefited from the activity the employee was doing at the time of the accident. This means, if you caused an accident while on your way to do a service that your employer hired you to do, your employer can also be held liable for the accident. However, if you caused an accident while doing your own personal errand in a company car or during work hours, then your employer will not be liable. Workers’ Compensation In addition to being liable to the other party for your car accident, your employer may even have to pay for injuries you suffered during the accident under workers’ compensation. Workers’ compensation pays for an injured employee’s medical bills and lost wages. To be eligible for workers’ compensation an injury must be work-related, meaning it was caused by work duties during the course of employment. Again, if driving from one place to another is part of your job, and you are injured in an accident while doing so, your employer could be held liable for your injuries. Who’s Liable for an Accident During My Commute to Work? For both vicarious liability and workers’ compensation, an employer is only liable if the accident occurred “within the scope of employment.” Commutes, generally, are not considered within the scope of employment. However, there are certain exceptions where a commute may be considered work related, such as during business trips or special errands. If you’ve been in a car accident and you think your employer may be liable, consult with an experienced personal injury attorney for help. Related Resources: Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) I Need Ergonomic Accommodations. Can I Sue my Employer? (FindLaw’s Injured) 4 Potential Ways to Prove Employer Negligence (FindLaw’s Injured) Can an Employer Refuse to Hire Me Due to a Prior Workers’ Comp Claim? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/07/is-my-employer-liable-f... via Blogger hobbsr04.blogspot.com/2015/07/is-my-employer-liable-for-m...

via Flickr http://www.flickr.com/photos/87814799@N02/19302075914

Is My Employer Liable for My Car Accident?

If you’re at fault in a car accident, you’re liable for your damages. Simple.

This straightforward issue of liability can become complicated if, at the time of the accident, you were on the clock working, or you were driving the company car.

Is your employer ever liable for your car accidents?

Vicarious Liability

Under the principle of vicarious liability, an employers can be liable for an employee’s actions, negligent or otherwise, in certain circumstances. Vicarious liability applies if:

• The employee’s actions were within the scope of employment.
• The employee’s actions were done on the job.
• The employee was doing an activity the employee was hired to do.
• The employer benefited from the activity the employee was doing at the time of the accident.

This means, if you caused an accident while on your way to do a service that your employer hired you to do, your employer can also be held liable for the accident. However, if you caused an accident while doing your own personal errand in a company car or during work hours, then your employer will not be liable.

Workers’ Compensation

In addition to being liable to the other party for your car accident, your employer may even have to pay for injuries you suffered during the accident under workers’ compensation.

Workers’ compensation pays for an injured employee’s medical bills and lost wages. To be eligible for workers’ compensation an injury must be work-related, meaning it was caused by work duties during the course of employment.

Again, if driving from one place to another is part of your job, and you are injured in an accident while doing so, your employer could be held liable for your injuries.

Who’s Liable for an Accident During My Commute to Work?

For both vicarious liability and workers’ compensation, an employer is only liable if the accident occurred “within the scope of employment.”

Commutes, generally, are not considered within the scope of employment. However, there are certain exceptions where a commute may be considered work related, such as during business trips or special errands.

If you’ve been in a car accident and you think your employer may be liable, consult with an experienced personal injury attorney for help.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• I Need Ergonomic Accommodations. Can I Sue my Employer? (FindLaw’s Injured)
• 4 Potential Ways to Prove Employer Negligence (FindLaw’s Injured)
• Can an Employer Refuse to Hire Me Due to a Prior Workers’ Comp Claim? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/07/is-my-employer-liable-for-my-car-accident.html