Can I Sue If I'm Injured in a Store Parking Lot?

via Tumblr hobbsr04.tumblr.com/post/134299496137 If you are injured in a store parking lot and it is due to the store’s negligence, you can sue. Keeping the parking lot safe is part of the business’s responsibility under premises liability law. But not all injuries arise from negligence. In order for the store to be responsible for your injury, the store must have failed in its duty. That failure need not be direct but the cause of injury can’t be disconnected or impossible for anyone to anticipate. Premises Liability Premises liability law provides that owners are responsible for accidents and injuries that occur on their property. That means if you slip and fall inside a store or out in the parking lot, and the store failed to make the space safe, it will have to pay for medical expenses, lost work time, and maybe more. Premises owners have a duty to maintain their property, so even if they do not know about a particular danger and they should have, they can be held liable for an injury. Say you slip in the store parking lot and fall because it is iced over, your lawyer must show that the management knew or should have known, based on weather reports and usual conditions in the parking lot, that the area would become slippery. If the store fails in its duty to maintain the property and is shown to be the cause of an injury, then your claim succeeds. But sometimes things happen that no one can anticipate. If a snow storm hits Miami in July and that is the first time in the history of weather that such a thing has happened, the store is probably not liable for failing to anticipate the need to keep its lot ice-free.Your slip and fall claim is unlikely to succed. The same cannot be said for a store in New York in December. Details Decide Every case is made on the details, which is why it is impossible to say whether you can sue from an injury that occurred in a store parking lot without knowing more about what happened. Talk to a lawyer. Many attorneys will consult for free and some will take your case on contingency, meaning you will not pay a fee unless they can win a damages award for you. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Browse Injury Lawyers by Location (FindLaw) Premises Liability Claims Against the Government (FindLaw) Proving Fault: What Is Negligence? (FindLaw) from Injured blogs.findlaw.com/injured/2015/11/can-i-sue-if-im-injured... via Blogger hobbsr04.blogspot.com/2015/11/can-i-sue-if-im-injured-in-...

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Choosing the Right Personal Injury Lawyer

via Tumblr hobbsr04.tumblr.com/post/134292634182 If you’ve been injured in an accident, you may be thinking of filing a lawsuit. And few things are as important to a lawsuit as your lawyer. Finding and hiring the right attorney can seem like a daunting task, especially if you don’t know where to look or what you’re looking for. If you’re starting here, rest assured you’re looking at the best directory for personal injury lawyers. And with a few tips on what makes a good personal injury lawyer, you can find the right one for your situation. Experience Obviously, the more lawsuits an attorney has under her belt, the better she’s going to be. When talking to personal injury lawyers about your case, be sure to inquire about their past cases and outcomes. And be aware that not every personal injury claim is successful, so if an attorney tells you they’ve never lost a case, that may be a red flag concerning their experience or trustworthiness. Expertise Not all personal injury claims are the same. And there are personal injury lawyers that specialize in certain cases. Workers’ compensation claims are very different from products liability claims, and the elements needed to prove defamation are very different from those needed to prove fault in a car accident. Not only do you want to ensure that you’re personal injury attorney has experience, but also that he has expertise in your type of claim. Expense The question of how much a lawyer costs is always a main concern. Sometimes a great combination of experience and expertise can make an attorney more expensive. But not all lawyers have the same legal fees. For instance, some personal injury lawyers will charge based on a contingency fee basis whereby the lawyers will only get paid a percentage of the amount awarded in the case. If you’ve been injured and are considering a lawsuit, you should consult with an experienced personal injury attorney about your case. 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) Most Common Terms in a Personal Injury Lawsuit (FindLaw’s Injured) 3 Most Famous Personal Injury Lawsuits (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/11/choosing-the-right-pers... via Blogger hobbsr04.blogspot.com/2015/11/choosing-right-personal-inj...

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Can I Sue If I'm Injured in a Store Parking Lot?

If you are injured in a store parking lot and it is due to the store’s negligence, you can sue. Keeping the parking lot safe is part of the business’s responsibility under premises liability law.

But not all injuries arise from negligence. In order for the store to be responsible for your injury, the store must have failed in its duty. That failure need not be direct but the cause of injury can’t be disconnected or impossible for anyone to anticipate.

Premises Liability

Premises liability law provides that owners are responsible for accidents and injuries that occur on their property. That means if you slip and fall inside a store or out in the parking lot, and the store failed to make the space safe, it will have to pay for medical expenses, lost work time, and maybe more.

Premises owners have a duty to maintain their property, so even if they do not know about a particular danger and they should have, they can be held liable for an injury. Say you slip in the store parking lot and fall because it is iced over, your lawyer must show that the management knew or should have known, based on weather reports and usual conditions in the parking lot, that the area would become slippery.

If the store fails in its duty to maintain the property and is shown to be the cause of an injury, then your claim succeeds. But sometimes things happen that no one can anticipate.

If a snow storm hits Miami in July and that is the first time in the history of weather that such a thing has happened, the store is probably not liable for failing to anticipate the need to keep its lot ice-free.Your slip and fall claim is unlikely to succed. The same cannot be said for a store in New York in December.

Details Decide

Every case is made on the details, which is why it is impossible to say whether you can sue from an injury that occurred in a store parking lot without knowing more about what happened. Talk to a lawyer. Many attorneys will consult for free and some will take your case on contingency, meaning you will not pay a fee unless they can win a damages award for you.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Browse Injury Lawyers by Location (FindLaw)
• Premises Liability Claims Against the Government (FindLaw)
• Proving Fault: What Is Negligence? (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/11/can-i-sue-if-im-injured-in-a-store-parking-lot.html

Choosing the Right Personal Injury Lawyer

If you’ve been injured in an accident, you may be thinking of filing a lawsuit. And few things are as important to a lawsuit as your lawyer. Finding and hiring the right attorney can seem like a daunting task, especially if you don’t know where to look or what you’re looking for.

If you’re starting here, rest assured you’re looking at the best directory for personal injury lawyers. And with a few tips on what makes a good personal injury lawyer, you can find the right one for your situation.

Experience

Obviously, the more lawsuits an attorney has under her belt, the better she’s going to be. When talking to personal injury lawyers about your case, be sure to inquire about their past cases and outcomes. And be aware that not every personal injury claim is successful, so if an attorney tells you they’ve never lost a case, that may be a red flag concerning their experience or trustworthiness.

Expertise

Not all personal injury claims are the same. And there are personal injury lawyers that specialize in certain cases. Workers’ compensation claims are very different from products liability claims, and the elements needed to prove defamation are very different from those needed to prove fault in a car accident. Not only do you want to ensure that you’re personal injury attorney has experience, but also that he has expertise in your type of claim.

Expense

The question of how much a lawyer costs is always a main concern. Sometimes a great combination of experience and expertise can make an attorney more expensive. But not all lawyers have the same legal fees. For instance, some personal injury lawyers will charge based on a contingency fee basis whereby the lawyers will only get paid a percentage of the amount awarded in the case.

If you’ve been injured and are considering a lawsuit, you should consult with an experienced personal injury attorney about your case.

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)
• Most Common Terms in a Personal Injury Lawsuit (FindLaw’s Injured)
• 3 Most Famous Personal Injury Lawsuits (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/11/choosing-the-right-personal-injury-lawyer.html

Can I Sue for a Black Friday Injury?

via Tumblr hobbsr04.tumblr.com/post/133950938837 You woke up before dawn and posted up in front of the store. But you were not alone. When the doors opened, you and thousands of eager shoppers rushed to get inside. In the crush, you were hurt. What can you do? You can sue for an injury that occurs on Black Friday, just like any other day. All the same rules apply to this frenzied occasion, meaning you will have to prove that injury was caused by someone’s negligence. So let’s take a look at how to prove a claim before you get back to that shopping list. What Is Negligence? Negligence is proven when a plaintiff shows that the defendant owed them a duty of care and breached it, causing an injury resulting in compensable damages. As an example, we will use a claim that you were hurt on a Black Friday shopping trip. Say you are injured in the crush to enter a store. Your claim will be that the store owed you a duty of care and breached it by failing to appropriately channel customers on a morning that the store was known to be especially crowded, among other arguments arising from an investigation. Now you must prove causation, or that the breach caused your injury. You were pushed and hurt, resulting in damages. Finally, you seek compensation for the medical expenses, lost work time, and more. That is a negligence case boiled down to its basics. But in fact each element of negligence has nuances, and it takes more than pointing a finger and filing some papers to win a claim. Contact Counsel If you are injured shopping on Black Friday or any day, talk to a personal injury attorney. Do not delay. The sooner you contact counsel, the sooner investigations can begin. Your lawyer will look into store security and safety arrangements, how many employees were working, whether their training was adequate, and numerous other aspects of store management. Counsel will investigate the conditions around the store and look into any other possible causes for your injury. Proving a personal injury case is not easy but it need not be a pain. Consult with an attorney – many lawyers assess cases for free and take claims on contingency. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Filing a Lawsuit: Should You Sue? (FindLaw) Injury Checklist: What to Bring to Meet Your Lawyer (FindLaw) from Injured blogs.findlaw.com/injured/2015/11/can-i-sue-for-a-black-f... via Blogger hobbsr04.blogspot.com/2015/11/can-i-sue-for-black-friday-...

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Can I Sue for a Black Friday Injury?

You woke up before dawn and posted up in front of the store. But you were not alone. When the doors opened, you and thousands of eager shoppers rushed to get inside. In the crush, you were hurt. What can you do?

You can sue for an injury that occurs on Black Friday, just like any other day. All the same rules apply to this frenzied occasion, meaning you will have to prove that injury was caused by someone's negligence. So let's take a look at how to prove a claim before you get back to that shopping list.

What Is Negligence?

Negligence is proven when a plaintiff shows that the defendant owed them a duty of care and breached it, causing an injury resulting in compensable damages. As an example, we will use a claim that you were hurt on a Black Friday shopping trip.

Say you are injured in the crush to enter a store. Your claim will be that the store owed you a duty of care and breached it by failing to appropriately channel customers on a morning that the store was known to be especially crowded, among other arguments arising from an investigation.

Now you must prove causation, or that the breach caused your injury. You were pushed and hurt, resulting in damages. Finally, you seek compensation for the medical expenses, lost work time, and more.

That is a negligence case boiled down to its basics. But in fact each element of negligence has nuances, and it takes more than pointing a finger and filing some papers to win a claim.

Contact Counsel

If you are injured shopping on Black Friday or any day, talk to a personal injury attorney. Do not delay. The sooner you contact counsel, the sooner investigations can begin.

Your lawyer will look into store security and safety arrangements, how many employees were working, whether their training was adequate, and numerous other aspects of store management. Counsel will investigate the conditions around the store and look into any other possible causes for your injury.

Proving a personal injury case is not easy but it need not be a pain. Consult with an attorney -- many lawyers assess cases for free and take claims on contingency.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Filing a Lawsuit: Should You Sue? (FindLaw)
• Injury Checklist: What to Bring to Meet Your Lawyer (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/11/can-i-sue-for-a-black-friday-injury.html

Can I Sue for Libel in Small Claims Court?

via Tumblr hobbsr04.tumblr.com/post/133885804307 Theoretically, you can sue for libel in small claims court in most states. But there are monetary limits on small claims that would make this an unusual choice. Small claims courts, as the name implies, generally handle small disputes with limited monetary damages. Some states do not allow lawyers to appear in small claims court but libel cases are difficult to prove and probably will require an expert. So for this and other reasons small claims court is usually unsuitable for a libel claim. What Is Defamation? There are two types of defamation cases, libel and slander. These are claims that cover injury to reputation. Libel is a false, written defamatory statement that is published and harms a person’s reputation. If someone says something about another that is true and harmful, it is not defamatory. Similarly, if someone says something that is false and harmful but does not publicize the statement, there is no libel claim as there is no defamation. Slander is a spoken false defamatory statement that is published. In slander, publication refers simply to speaking, even if only to one other party. But for a statement to be slanderous, like libel, it must be false and publicized. The three critical elements a plaintiff must prove in either type of defamation case then are as follows: The defendant made a false and defamatory statement about the plaintiff, The defendant publicized that statement to another party, The defendant’s publication was negligent, injuring plaintiff’s reputation. Why Libel Small Claims Are Rare To prove injury and monetary damages for a stain to one’s reputation is difficult. Small claims courts are usually reserved for simple, contractual disputes between consumers and merchants or service providers. Those are situations that can be resolved with the guidance of the court but do not require lawyers to represent the parties. Defamation cases don’t usually fall into that category. But that is not to say there is never a time when it is appropriate to sue for libel at that level. It’s just extremely rare. If you believe you have a defamation claim, speak to an attorney. Get expert help. Related Resources: Have an libel claim? Get your claim reviewed for free. (Consumer Injury) Small Claims Cases (FindLaw) Defamation v. False Light: What Is the Difference? (FindLaw) from Injured blogs.findlaw.com/injured/2015/11/can-i-sue-for-libel-in-... via Blogger hobbsr04.blogspot.com/2015/11/can-i-sue-for-libel-in-smal...

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Can I Sue for Libel in Small Claims Court?

Theoretically, you can sue for libel in small claims court in most states. But there are monetary limits on small claims that would make this an unusual choice.

Small claims courts, as the name implies, generally handle small disputes with limited monetary damages. Some states do not allow lawyers to appear in small claims court but libel cases are difficult to prove and probably will require an expert. So for this and other reasons small claims court is usually unsuitable for a libel claim.

What Is Defamation?

There are two types of defamation cases, libel and slander. These are claims that cover injury to reputation.

Libel is a false, written defamatory statement that is published and harms a person’s reputation. If someone says something about another that is true and harmful, it is not defamatory. Similarly, if someone says something that is false and harmful but does not publicize the statement, there is no libel claim as there is no defamation.

Slander is a spoken false defamatory statement that is published. In slander, publication refers simply to speaking, even if only to one other party. But for a statement to be slanderous, like libel, it must be false and publicized.

The three critical elements a plaintiff must prove in either type of defamation case then are as follows:

1. The defendant made a false and defamatory statement about the plaintiff,
2. The defendant publicized that statement to another party,
3. The defendant’s publication was negligent, injuring plaintiff’s reputation.

Why Libel Small Claims Are Rare

To prove injury and monetary damages for a stain to one’s reputation is difficult. Small claims courts are usually reserved for simple, contractual disputes between consumers and merchants or service providers. Those are situations that can be resolved with the guidance of the court but do not require lawyers to represent the parties.

Defamation cases don’t usually fall into that category. But that is not to say there is never a time when it is appropriate to sue for libel at that level. It’s just extremely rare.

If you believe you have a defamation claim, speak to an attorney. Get expert help.

Related Resources:

• Have an libel claim? Get your claim reviewed for free. (Consumer Injury)
• Small Claims Cases (FindLaw)
• Defamation v. False Light: What Is the Difference? (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/11/can-i-sue-for-libel-in-small-claims-court.html

Let's Talk Turkey, and How to Avoid Thanksgiving Injuries

via Tumblr hobbsr04.tumblr.com/post/133818458327 Maybe you thought you were being perfectly safe with that turkey fryer. After all, you put it outside, on concrete, and away from any flammable material. And maybe you watched as this seemingly safe setup still went awry, and the flame from the fryer ignited a leak in the hose from the propane tank to the burner. And maybe you thanked your lucky stars and all the smart propane tank designers that you and all your Thanksgiving guests didn’t ignite in a fiery and delicious inferno that day. Not all of us have had a brush with death on Thanksgiving to make us think twice about our Turkey Day Safety. But luckily, not all of us need that kind of wakeup call. Here’s how to keep you and your family safe this Thanksgiving. Too Many Turkeys in the Kitchen Yes, the aforementioned fried turkey can be delicious. But it can also be dangerous. If you haven’t heard by now, maybe listen to the Duck Dynasty dudes, or watch a few terrifying turkey frying videos. You don’t have to be a professional to properly fry a turkey, but you do need to take a few precautions: Fry Outside: And not on your gorgeous wood deck — find a level spot on concrete or another non-flammable surface. Don’t Overfill the Pot: Oil is flammable, so you don’t want it spilling over the sides of the pot when you drop the turkey in; a good idea is to put the turkey in with water before you heat up the pot, pull the turkey out, and mark the water line. Turn Off the Burner While You Put the Turkey In: In case you overfilled the pot. Keep a Fire Extinguisher Handy: Water will only spread an oil fire, so have a real fire extinguisher handy and not just your sink or a hose. It’s not just fryers that get us into trouble — we can get hurt from food prep to eating, so make sure you read our Thanksgiving Cook Safety Guide to keep you and your guests happy, hale, and whole through the holiday. Out in the Elements The weather around the holidays can be frightful. So make sure you’re prepared for any Thanksgiving storms if you’re going to be out on the road. Don’t speed, tailgate, or drink and drive, and watch out or other drivers and construction, snow, or emergency personnel on the road. You should also have a safety kit in your car with first aid supplies, snow chains, and blankets, water, and food if you get stranded. And if you’re out hunting for your turkey dinner this year, make sure not to shoot your fellow hunters. Thanksgiving can be a wonderful celebration of friends and family, but it’s not without its legal pitfalls. If you are injured this Thanksgiving holiday, you may want to talk to an experienced personal injury attorney. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) How to Avoid Thanksgiving Football Injuries (FindLaw’s Tarnished Twenty) How Not to Get Hurt in a Black Friday Stampede (FindLaw’s Injured) Cyber Monday: 3 Tips to Prevent Identity Theft (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/11/lets-talk-turkey-and-ho... via Blogger hobbsr04.blogspot.com/2015/11/lets-talk-turkey-and-how-to...

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Let's Talk Turkey, and How to Avoid Thanksgiving Injuries

Maybe you thought you were being perfectly safe with that turkey fryer. After all, you put it outside, on concrete, and away from any flammable material. And maybe you watched as this seemingly safe setup still went awry, and the flame from the fryer ignited a leak in the hose from the propane tank to the burner. And maybe you thanked your lucky stars and all the smart propane tank designers that you and all your Thanksgiving guests didn’t ignite in a fiery and delicious inferno that day.

Not all of us have had a brush with death on Thanksgiving to make us think twice about our Turkey Day Safety. But luckily, not all of us need that kind of wakeup call. Here’s how to keep you and your family safe this Thanksgiving.

Too Many Turkeys in the Kitchen

Yes, the aforementioned fried turkey can be delicious. But it can also be dangerous. If you haven’t heard by now, maybe listen to the Duck Dynasty dudes, or watch a few terrifying turkey frying videos. You don’t have to be a professional to properly fry a turkey, but you do need to take a few precautions:

• Fry Outside: And not on your gorgeous wood deck — find a level spot on concrete or another non-flammable surface.
• Don’t Overfill the Pot: Oil is flammable, so you don’t want it spilling over the sides of the pot when you drop the turkey in; a good idea is to put the turkey in with water before you heat up the pot, pull the turkey out, and mark the water line.
• Turn Off the Burner While You Put the Turkey In: In case you overfilled the pot.
• Keep a Fire Extinguisher Handy: Water will only spread an oil fire, so have a real fire extinguisher handy and not just your sink or a hose.

It’s not just fryers that get us into trouble — we can get hurt from food prep to eating, so make sure you read our Thanksgiving Cook Safety Guide to keep you and your guests happy, hale, and whole through the holiday.

Out in the Elements

The weather around the holidays can be frightful. So make sure you’re prepared for any Thanksgiving storms if you’re going to be out on the road. Don’t speed, tailgate, or drink and drive, and watch out or other drivers and construction, snow, or emergency personnel on the road. You should also have a safety kit in your car with first aid supplies, snow chains, and blankets, water, and food if you get stranded.

And if you’re out hunting for your turkey dinner this year, make sure not to shoot your fellow hunters.

Thanksgiving can be a wonderful celebration of friends and family, but it’s not without its legal pitfalls. If you are injured this Thanksgiving holiday, you may want to talk to an experienced personal injury attorney.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• How to Avoid Thanksgiving Football Injuries (FindLaw’s Tarnished Twenty)
• How Not to Get Hurt in a Black Friday Stampede (FindLaw’s Injured)
• Cyber Monday: 3 Tips to Prevent Identity Theft (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/11/lets-talk-turkey-and-how-to-avoid-thanksgiving-injuries.html

How to Spot Staged Car Accidents and Avoid Driver Scams

via Tumblr hobbsr04.tumblr.com/post/133624503467 We’re told that accidents happen, but not every car crash is an accident. While you’re trying to stay safe on the roads, some less scrupulous drivers are trying to scam money out of insurance companies by staging car accidents. (And these scams aren’t just occurring in Asia or Russia.) Luckily, many of these scams are similar and therefore more easily identified, if you know what to look for. Here are some of the more popular staged car accidents, and how to avoid them. All the Road’s a Stage Scam victims and insurance companies have identified the most common staged accidents: The “Swoop and Squat”: The most common staged crash tactic can occur in smoothly flowing traffic — a car pulls up beside you, so you can’t change lanes, and then the driver in front of you slams on the brakes, causing you to rear-end them. The “Right Turn Drive Down”: You’re just making a right turn from a stop sign, and then a car parked at the curb accelerates forward and hits the rear corner of your car; now the driver is saying you ran the stop sign or pulled in front of her. The “Wave”: In denser traffic, another driver may notice you’re trying to switch lanes and wave you in, but when you attempt to change lanes, he accelerates, causing a collision with your car; when the police arrive, he’ll deny ever giving you permission. The “Dual Turn Sideswipe”: If you’re making a turn through an intersection, a driver in the outer lane of the dual turn may ram you if you go slide the slightest bit out of the inner lane; or they may drive a bit into your lane and swipe your car and then blame you. His Acts Being Faked Injuries So how do you prove you’ve been the target of a staged accident? Obviously a dash cam with video footage of the accident would help, but it’s not necessary. There are things you can do at the scene of the accident that will help your case. Document the accident as completely as possible. Write down everything you remember, take pictures of the scene, and talk to as many witnesses as you can. (Be aware that the people staging the accident may plant their own witnesses.) And make sure you call the police and they make a full report of the accident so you have an official, and impartial, account of the accident. If you think you’ve been set up in a staged accident or you’ve been injured in a car accident, you may want to talk to an experienced injury attorney today. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Fault and Liability for Motor Vehicle Accidents (FindLaw) What Is Car Accident Fraud? What Can You Do? (FindLaw’s Injured) Fraud and Economic Injuries (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/11/how-to-spot-staged-car-... via Blogger hobbsr04.blogspot.com/2015/11/how-to-spot-staged-car-acci...

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Can I Sue for Invokamet Side Effects and Injury?

via Tumblr hobbsr04.tumblr.com/post/133624502997 If you were injured by Invokament side effects, you can sue. Liability suits against the drug manufacturer are already taking place around the country. The drug is used to treat patients with Type 2 diabetes, which occurs in over 28 million Americans. Type 2 diabetes is a condition manifesting in the body inefficiently handling insulin, leaving sugar in the blood stream instead of used by cells as energy. High blood glucose levels lead to blindness, kidney failure, neurologic damage, and necrosis, or death of living tissue, often resulting in amputation. Intended Effects of Invokamet Blood sugar is normally secreted and then reabsorbed by the kidneys to be used in the bloodstream. People with Type 2 diabetes cannot process sugar properly, so Invokamet is intended to help them to do that. It prevents sugar from being absorbed. Invokamet also works by decreasing the amount of glucose released from liver storage and by limiting absorption of sugar from the gastrointestinal tract. It is reportedly the only antidiabetic medication that works this way. Unintended Effects But all medications, including Invokamet, may cause side effects. Commonly reported side associated with the dug are as follows: Genital yeast infections (male and female) Urinary tract infection Sun intolerance Rash or itching Fatigue Indigestion and Nausea/vomiting Flatulence and diarrhea Headache Low Vitamin B12 levels Increase in LDL cholesterol In September of this year, the Food and Drug Administration added to this list. Invokamet also leads to increased risk of falls and bone fracture. Other Drugs to Note: Cases of diabetic ketoacidosis have been linked to several SGLT2 inhibitors apart from Ivokamet, including: Glyxambi Farxiga Invokana Jardiance Xigduo XR. If you are on any of these medications, you should monitor any symptoms or side effects closely. The FDA also instructs health care professionals to report side effects involving any of these or other SGLT2 inhibitors to the MedWatch program and to drug manufacturers.Consult With Counsel Consult with an attorney if you are experiencing side effects of Invokamet or any other medication you may be using. Drug manufacturers are held liable and lawyers do win damages for their clients. Get help. Talk to an expert. Related Resources: Injured by diabetes medication? Get your claim reviewed by an attorney for free. (Consumer Injury) Dangerous Drugs (FindLaw) Pharmaceutical Drug Liability (FindLaw) from Injured blogs.findlaw.com/injured/2015/11/can-i-sue-for-injury-fr... via Blogger hobbsr04.blogspot.com/2015/11/can-i-sue-for-invokamet-sid...

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How to Spot Staged Car Accidents and Avoid Driver Scams

We’re told that accidents happen, but not every car crash is an accident. While you’re trying to stay safe on the roads, some less scrupulous drivers are trying to scam money out of insurance companies by staging car accidents. (And these scams aren’t just occurring in Asia or Russia.)

Luckily, many of these scams are similar and therefore more easily identified, if you know what to look for. Here are some of the more popular staged car accidents, and how to avoid them.

All the Road’s a Stage

Scam victims and insurance companies have identified the most common staged accidents:

• The “Swoop and Squat”: The most common staged crash tactic can occur in smoothly flowing traffic — a car pulls up beside you, so you can’t change lanes, and then the driver in front of you slams on the brakes, causing you to rear-end them.
• The “Right Turn Drive Down”: You’re just making a right turn from a stop sign, and then a car parked at the curb accelerates forward and hits the rear corner of your car; now the driver is saying you ran the stop sign or pulled in front of her.
• The “Wave”: In denser traffic, another driver may notice you’re trying to switch lanes and wave you in, but when you attempt to change lanes, he accelerates, causing a collision with your car; when the police arrive, he’ll deny ever giving you permission.
• The “Dual Turn Sideswipe”: If you’re making a turn through an intersection, a driver in the outer lane of the dual turn may ram you if you go slide the slightest bit out of the inner lane; or they may drive a bit into your lane and swipe your car and then blame you.

His Acts Being Faked Injuries

So how do you prove you’ve been the target of a staged accident? Obviously a dash cam with video footage of the accident would help, but it’s not necessary. There are things you can do at the scene of the accident that will help your case.

Document the accident as completely as possible. Write down everything you remember, take pictures of the scene, and talk to as many witnesses as you can. (Be aware that the people staging the accident may plant their own witnesses.) And make sure you call the police and they make a full report of the accident so you have an official, and impartial, account of the accident.

If you think you’ve been set up in a staged accident or you’ve been injured in a car accident, you may want to talk to an experienced injury attorney today.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Fault and Liability for Motor Vehicle Accidents (FindLaw)
• What Is Car Accident Fraud? What Can You Do? (FindLaw’s Injured)
• Fraud and Economic Injuries (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2015/11/how-to-spot-staged-car-accidents-and-avoid-driver-scams.html

Can I Sue for Invokamet Side Effects and Injury?

If you were injured by Invokament side effects, you can sue. Liability suits against the drug manufacturer are already taking place around the country. The drug is used to treat patients with Type 2 diabetes, which occurs in over 28 million Americans.

Type 2 diabetes is a condition manifesting in the body inefficiently handling insulin, leaving sugar in the blood stream instead of used by cells as energy. High blood glucose levels lead to blindness, kidney failure, neurologic damage, and necrosis, or death of living tissue, often resulting in amputation.

Intended Effects of Invokamet

Blood sugar is normally secreted and then reabsorbed by the kidneys to be used in the bloodstream. People with Type 2 diabetes cannot process sugar properly, so Invokamet is intended to help them to do that.

It prevents sugar from being absorbed. Invokamet also works by decreasing the amount of glucose released from liver storage and by limiting absorption of sugar from the gastrointestinal tract. It is reportedly the only antidiabetic medication that works this way.

Unintended Effects

But all medications, including Invokamet, may cause side effects. Commonly reported side associated with the dug are as follows:

• Genital yeast infections (male and female)
• Urinary tract infection
• Sun intolerance
• Rash or itching
• Fatigue
• Indigestion and Nausea/vomiting
• Flatulence and diarrhea
• Headache
• Low Vitamin B12 levels
• Increase in LDL cholesterol

In September of this year, the Food and Drug Administration added to this list. Invokamet also leads to increased risk of falls and bone fracture.

Other Drugs to Note:

Cases of diabetic ketoacidosis have been linked to several SGLT2 inhibitors apart from Ivokamet, including:

• Glyxambi
• Farxiga
• Invokana
• Jardiance
• Xigduo XR.

If you are on any of these medications, you should monitor any symptoms or side effects closely. The FDA also instructs health care professionals to report side effects involving any of these or other SGLT2 inhibitors to the MedWatch program and to drug manufacturers.

Consult With Counsel

Consult with an attorney if you are experiencing side effects of Invokamet or any other medication you may be using. Drug manufacturers are held liable and lawyers do win damages for their clients. Get help. Talk to an expert.

Related Resources:

• Injured by diabetes medication? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Dangerous Drugs (FindLaw)
• Pharmaceutical Drug Liability (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/11/can-i-sue-for-injury-from-diabetes-drug-invokamet.html

Is There a Minimum Settlement Amount for Injury Claims?

via Tumblr hobbsr04.tumblr.com/post/133532742277 There is no minimum settlement amount for injury claims. Parties to a lawsuit can agree to pretty much any terms they choose. But the court will scrutinize any settlement for signs of unfairness or coercion, especially if the difference in power between the parties is significant. So while you can theoretically agree to anything, your attorney will realistically need to be prepared to explain the deal. What Looks Weird to a Judge? A judge may find that settlement terms seem unfair because not enough money was offered. If, for example, the settlement is supposed to cover injury for a whole class of plaintiffs and the amount does not appear sufficient for all of the class, even a very hefty settlement may be rejected. That is what happened when rescue workers at the Ground Zero site accepted a settlement amount of $657 million in 2010. Although the bump up was substantial, a federal judge would not sign off on the settlement until defendants agreed to pay 8 percent more, or $712 million. Similarly, when former football players sought to settle their class action lawsuit against the National Football League, a federal judge examined the terms with suspicion. The NFL eventually offered more money and many players accepted the offer. But some opted out of the deal and, of those who took it, some continue to challenge the deal terms. Attorney’s Fees States do impose limits on attorney’s fees in injury cases. These are statutory and vary from state to state, specifying a percentage of damages allotted to counsel. Settlements that attempt to disproportionately award attorneys at the expense of injured plaintiffs are not going to be accepted by a court You can agree to any deal, but not one that breaks the law. So a deal that requires plaintiffs to shell out an illegal percentage of their damages to counsel, is no deal and will be rejected by a court. When Should You Settle? When to settle, and how much you should settle for, is a question to discuss with your attorney. Sometimes clients want to push to trial and get angry when an attorney advises settlement. But sometimes that is great advice if you have a difficult case to prove. Another reason to settle is if you cannot afford to lose, meaning you absolutely need money to pay for expenses arising from your injuries. Settlements mean less risk for all of the parties, which may mean taking less money than you’d get after a trial just so you don’t run the risk of getting nothing at all. No one can advise you on settlement without an intimate understanding of your case. But rest assured that whatever the parties decide, the judge will be the final arbiter of the deal. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) NFL Concussion Lawsuit Information (FindLaw) Stages of a Personal Injury Case (FindLaw) Injury Law Basics (FindLaw) from Injured blogs.findlaw.com/injured/2015/11/is-there-a-minimum-sett... via Blogger hobbsr04.blogspot.com/2015/11/is-there-minimum-settlement...

via Flickr http://www.flickr.com/photos/87814799@N02/22523690603

Is There a Minimum Settlement Amount for Injury Claims?

There is no minimum settlement amount for injury claims. Parties to a lawsuit can agree to pretty much any terms they choose.

But the court will scrutinize any settlement for signs of unfairness or coercion, especially if the difference in power between the parties is significant. So while you can theoretically agree to anything, your attorney will realistically need to be prepared to explain the deal.

What Looks Weird to a Judge?

A judge may find that settlement terms seem unfair because not enough money was offered. If, for example, the settlement is supposed to cover injury for a whole class of plaintiffs and the amount does not appear sufficient for all of the class, even a very hefty settlement may be rejected.

That is what happened when rescue workers at the Ground Zero site accepted a settlement amount of $657 million in 2010. Although the bump up was substantial, a federal judge would not sign off on the settlement until defendants agreed to pay 8 percent more, or $712 million.

Similarly, when former football players sought to settle their class action lawsuit against the National Football League, a federal judge examined the terms with suspicion. The NFL eventually offered more money and many players accepted the offer. But some opted out of the deal and, of those who took it, some continue to challenge the deal terms.

Attorney's Fees

States do impose limits on attorney's fees in injury cases. These are statutory and vary from state to state, specifying a percentage of damages allotted to counsel. Settlements that attempt to disproportionately award attorneys at the expense of injured plaintiffs are not going to be accepted by a court

You can agree to any deal, but not one that breaks the law. So a deal that requires plaintiffs to shell out an illegal percentage of their damages to counsel, is no deal and will be rejected by a court.

When Should You Settle?

When to settle, and how much you should settle for, is a question to discuss with your attorney. Sometimes clients want to push to trial and get angry when an attorney advises settlement.

But sometimes that is great advice if you have a difficult case to prove. Another reason to settle is if you cannot afford to lose, meaning you absolutely need money to pay for expenses arising from your injuries.

Settlements mean less risk for all of the parties, which may mean taking less money than you'd get after a trial just so you don't run the risk of getting nothing at all. No one can advise you on settlement without an intimate understanding of your case. But rest assured that whatever the parties decide, the judge will be the final arbiter of the deal.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• NFL Concussion Lawsuit Information (FindLaw)
• Stages of a Personal Injury Case (FindLaw)
• Injury Law Basics (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/11/is-there-a-minimum-settlement-amount-for-injury-claims.html

Who Is Liable When Someone Commits Suicide?

via Tumblr hobbsr04.tumblr.com/post/133432999022 A suicide is a tragedy, and after someone takes their own life, we look for reasons why. Most often, those reasons fall to the person’s own unhappiness or mental illness. But that is not always the case. In some situations, it appears that a person has been pushed to commit suicide, or become more suicide-prone than he or she normally would be. In these cases, could someone else be liable for a person’s suicide? And are there legal claims that cover these scenarios? Wrongful Death A wrongful death lawsuit can be filed by the family or estate of a person who dies due to the fault of someone else. State wrongful death laws can vary, but generally the person bringing the suit must prove that the defendant’s intentional or negligent acts caused the death and that the person bringing the suit has suffered some harm due to the death. In the case of a suicide, a successful wrongful death claim would need to demonstrate that the person would not have killed themselves but for the acts of the defendant. Many wrongful death claims have been filed by parents after their child has committed suicide in response to bullying. When the bullying occurs in school, parents have sued both the bullies and the school for not properly intervening. Dangerous Drugs Some studies have linked certain medications to increased risk of suicide, specifically the stop-smoking drug Chantix. Chantix was forced to carry additional suicide warnings to users and the drug’s manufacturer, Pfizer, may have intentionally misrepresented the increased suicide risk associated with the drug. Under products liability law, drug companies can be held liable for dangerous side effects. Manufacturers of medications have a duty to warn users or intermediaries about known side effects, and could be sued if they failed to alert drug users or those who proscribe the drugs about the possible dangers. If a loved one has committed suicide and you think it is someone else’s fault, you may want to consult with an experienced personal injury attorney near you. Related Resources: Wrongful Death Resources (FindLaw Directory) Parents Seek $1M From School After Bullied Boy’s Suicide (FindLaw’s Injured) Teen Faces 20 Years for Encouraging Friend to Commit Suicide (FindLaw Blotter) from Injured blogs.findlaw.com/injured/2015/11/who-is-liable-when-some... via Blogger hobbsr04.blogspot.com/2015/11/who-is-liable-when-someone-...

via Flickr http://www.flickr.com/photos/87814799@N02/23102740535

Who Is Liable When Someone Commits Suicide?

A suicide is a tragedy, and after someone takes their own life, we look for reasons why. Most often, those reasons fall to the person's own unhappiness or mental illness. But that is not always the case. In some situations, it appears that a person has been pushed to commit suicide, or become more suicide-prone than he or she normally would be.

In these cases, could someone else be liable for a person's suicide? And are there legal claims that cover these scenarios?

Wrongful Death

A wrongful death lawsuit can be filed by the family or estate of a person who dies due to the fault of someone else. State wrongful death laws can vary, but generally the person bringing the suit must prove that the defendant's intentional or negligent acts caused the death and that the person bringing the suit has suffered some harm due to the death.

In the case of a suicide, a successful wrongful death claim would need to demonstrate that the person would not have killed themselves but for the acts of the defendant. Many wrongful death claims have been filed by parents after their child has committed suicide in response to bullying. When the bullying occurs in school, parents have sued both the bullies and the school for not properly intervening.

Dangerous Drugs

Some studies have linked certain medications to increased risk of suicide, specifically the stop-smoking drug Chantix. Chantix was forced to carry additional suicide warnings to users and the drug's manufacturer, Pfizer, may have intentionally misrepresented the increased suicide risk associated with the drug.

Under products liability law, drug companies can be held liable for dangerous side effects. Manufacturers of medications have a duty to warn users or intermediaries about known side effects, and could be sued if they failed to alert drug users or those who proscribe the drugs about the possible dangers.

If a loved one has committed suicide and you think it is someone else's fault, you may want to consult with an experienced personal injury attorney near you.

Related Resources:

• Wrongful Death Resources (FindLaw Directory)
• Parents Seek $1M From School After Bullied Boy's Suicide (FindLaw's Injured)
• Teen Faces 20 Years for Encouraging Friend to Commit Suicide (FindLaw Blotter)

from Injured http://blogs.findlaw.com/injured/2015/11/who-is-liable-when-someone-commits-suicide.html

Can I Sue for a Recumbent Bike Accident?

via Tumblr hobbsr04.tumblr.com/post/133402325662 There are all kinds of quirky bikes on the market now. Some are tiny and fold into a bag. Some are strange and look like a cross between a lounge chair and a tricycle. The latter are called recumbent bicycles and this odd mode of transportation is growing more popular. Recumbent bikes have certain advantages – not far to fall, for one! But there are also dangers for recumbent bike riders that other cyclists do not share. The use of recumbents on the road is relatively new and there is no data on injuries and accidents related to these bikes specifically. But we do know why people start using them … and some reasons to give them up. Advantages of Recumbent Cycling Some serious cyclists turn to recumbents because they are more comfortable. Many of the discomforts of cycling have to do with being perched on a small, saddle seat. The recumbent changes that, allowing riders to lean back and relax. Users say they find these a lot more comfortable than the typical bike. The bike seat on the recumbent minimizes strain on the body. Some riders say the alternative positioning of recumbent seats is also good for people with knee problems. As noted earlier, falls from recumbents are generally not as bad as from a regular bike. Riders do not go over their handlebars. At worst, they fall from a fairly low seat. Still, being so low to the ground is dangerous in its own way. Dangers of Recumbent Bikes You may be less visible to drivers as a recumbent rider. Concerns about your visibility on a recumbent are legitimate. In the words of John Anderson of the blog Bicycling Life, “The car immediately behind you will see you just fine. The one behind that one may not see you as well if your bike is low compared to an upright bike. This has some ramifications when you are riding beside a steady stream of higher speed overtaking traffic.” Because it may take a little while to learn to ride a recumbent bicycle, do be very careful out there. Make sure you are visible, practice turns and stops in a park or somewhere else where it is legal and you can be safe. Do not just hit the road for a serious ride the first time you get on this kind of bike. Not Much Known Now With their increased popularity, it seems likely that recumbent bike injuries – and the inevitable lawsuits that follow – will occur, if they are not already. But for now, little has been written on that aspect of these cycles. Finally, if you do get hurt, speak to an attorney. Just because the recumbent is relatively new, does not mean that you cannot sue. Consult with counsel about a potential case. Related Resources: Injured in a bike accident? Have an attorney review your claim for free. (Consumer Injury) Bicycle Laws (FindLaw) Elements of a Negligence Case (FindLaw) Bicycle Helment Laws (FindLaw) from Injured blogs.findlaw.com/injured/2015/11/can-i-sue-for-a-recumbe... via Blogger hobbsr04.blogspot.com/2015/11/can-i-sue-for-recumbent-bik...

via Flickr http://www.flickr.com/photos/87814799@N02/22672917518

Can I Sue for a Recumbent Bike Accident?

There are all kinds of quirky bikes on the market now. Some are tiny and fold into a bag. Some are strange and look like a cross between a lounge chair and a tricycle. The latter are called recumbent bicycles and this odd mode of transportation is growing more popular.

Recumbent bikes have certain advantages -- not far to fall, for one! But there are also dangers for recumbent bike riders that other cyclists do not share. The use of recumbents on the road is relatively new and there is no data on injuries and accidents related to these bikes specifically. But we do know why people start using them ... and some reasons to give them up.

Advantages of Recumbent Cycling

Some serious cyclists turn to recumbents because they are more comfortable. Many of the discomforts of cycling have to do with being perched on a small, saddle seat. The recumbent changes that, allowing riders to lean back and relax. Users say they find these a lot more comfortable than the typical bike.

The bike seat on the recumbent minimizes strain on the body. Some riders say the alternative positioning of recumbent seats is also good for people with knee problems.

As noted earlier, falls from recumbents are generally not as bad as from a regular bike. Riders do not go over their handlebars. At worst, they fall from a fairly low seat. Still, being so low to the ground is dangerous in its own way.

Dangers of Recumbent Bikes

You may be less visible to drivers as a recumbent rider. Concerns about your visibility on a recumbent are legitimate.

In the words of John Anderson of the blog Bicycling Life, "The car immediately behind you will see you just fine. The one behind that one may not see you as well if your bike is low compared to an upright bike. This has some ramifications when you are riding beside a steady stream of higher speed overtaking traffic."

Because it may take a little while to learn to ride a recumbent bicycle, do be very careful out there. Make sure you are visible, practice turns and stops in a park or somewhere else where it is legal and you can be safe. Do not just hit the road for a serious ride the first time you get on this kind of bike.

Not Much Known Now

With their increased popularity, it seems likely that recumbent bike injuries -- and the inevitable lawsuits that follow -- will occur, if they are not already. But for now, little has been written on that aspect of these cycles.

Finally, if you do get hurt, speak to an attorney. Just because the recumbent is relatively new, does not mean that you cannot sue. Consult with counsel about a potential case.

Related Resources:

• Injured in a bike accident? Have an attorney review your claim for free. (Consumer Injury)
• Bicycle Laws (FindLaw)
• Elements of a Negligence Case (FindLaw)
• Bicycle Helment Laws (FindLaw)

from Injured http://blogs.findlaw.com/injured/2015/11/can-i-sue-for-a-recumbent-bike-accident.html