When Can You Sue for Drug-Related Birth Defects?

via Tumblr hobbsr04.tumblr.com/post/138280547247 Every parent prays for a healthy child. And while few of us go through life perfectly healthy, it is particularly painful for parents when a child is born with defects or medical issues due to prescription medication a mother has taken before the child’s birth. This is an unfortunately common occurrence for mothers who used Zofran to alleviate morning sickness. The drug was designed for cancer patients, and does alleviate morning sickness. But it was not designed with pregnant mothers in mind, and now it is linked with birth defects. Zofran is not the only drug that parents and doctors have successfully claimed in court caused birth defects. When Can You Make a Claim? You can sue a drug maker for birth defects linked to a medication but you must do so within the statute of limitations. Limits on when lawsuits are filed vary from state to state. Generally speaking, the clock starts to run on time for filing a suit once injury is discovered. Not all defects are immediate apparent, and this is especially so with a newborn baby. Early child development is not an exact science and children are not all identical, so it can take a while for any difficulties a child is having to be recognized. Likewise, physical development happens in stage and a birth defect, whether mental or physical, may take time to manifest. How Do You Know? But if your child does have a birth defect, and this has been established by doctors, consider consulting with counsel about potential causes. You will have to talk to a lawyer about your birth defect claim, as these cases are very complex. Drug manufacturers are commonly sued for injuries caused by medication. In the case of Zofran, for example, Glaxo Smith Kline paid $3 billion for promoting the drug’s use among pregnant women who were not warned of its dangers when it was not developed or properly tested for them. Consult With Counsel If you or your child has been harmed by a drug or product, talk to a lawyer. Many injury attorneys consult for free or no fee and will be happy to assess your claim. Related Resources: Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury) Pharmaceutical Drug Liability (FindLaw) Dangerous Drugs (FindLaw) from Injured blogs.findlaw.com/injured/2016/01/when-can-you-sue-for-dr... via Blogger hobbsr04.blogspot.com/2016/01/when-can-you-sue-for-drug-r...

via Flickr http://www.flickr.com/photos/87814799@N02/24062576933

When Can You Sue for Drug-Related Birth Defects?

Every parent prays for a healthy child. And while few of us go through life perfectly healthy, it is particularly painful for parents when a child is born with defects or medical issues due to prescription medication a mother has taken before the child’s birth.

This is an unfortunately common occurrence for mothers who used Zofran to alleviate morning sickness. The drug was designed for cancer patients, and does alleviate morning sickness. But it was not designed with pregnant mothers in mind, and now it is linked with birth defects. Zofran is not the only drug that parents and doctors have successfully claimed in court caused birth defects.

When Can You Make a Claim?

You can sue a drug maker for birth defects linked to a medication but you must do so within the statute of limitations. Limits on when lawsuits are filed vary from state to state. Generally speaking, the clock starts to run on time for filing a suit once injury is discovered.

Not all defects are immediate apparent, and this is especially so with a newborn baby. Early child development is not an exact science and children are not all identical, so it can take a while for any difficulties a child is having to be recognized. Likewise, physical development happens in stage and a birth defect, whether mental or physical, may take time to manifest.

How Do You Know?

But if your child does have a birth defect, and this has been established by doctors, consider consulting with counsel about potential causes. You will have to talk to a lawyer about your birth defect claim, as these cases are very complex.

Drug manufacturers are commonly sued for injuries caused by medication. In the case of Zofran, for example, Glaxo Smith Kline paid $3 billion for promoting the drug’s use among pregnant women who were not warned of its dangers when it was not developed or properly tested for them.

Consult With Counsel

If you or your child has been harmed by a drug or product, talk to a lawyer. Many injury attorneys consult for free or no fee and will be happy to assess your claim.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• Pharmaceutical Drug Liability (FindLaw)
• Dangerous Drugs (FindLaw)
  

from Injured http://blogs.findlaw.com/injured/2016/01/when-can-you-sue-for-drug-related-birth-defects.html

How to Defend a Hospital Debt Lawsuit

via Tumblr hobbsr04.tumblr.com/post/138230596007 Anyone who’s been injured or sick enough to spend time in a hospital knows that those visits aren’t cheap. Beyond the bills for tests, procedures, and overnight stays, you might be missing out on pay from work. And this combination can lead to you owing the hospital a significant amount of money. So what happens when a hospital (or a debt collector) files a lawsuit to get paid? The Complaint Receiving a complaint and legal summons is a scary prospect, even if you don’t think the hospital debt is legitimate. Most of us don’t envy the prospect of going to court, even if we’re right. But the last thing you want to do is ignore the complaint. A failure to respond to the complaint could forfeit certain defenses or otherwise negatively affect your case. You should review the complaint thoroughly — it will generally list the defendants (you and possibly a cosigner), the amount owed, and any efforts to secure payment. If any of this information is wrong, you’ll want to note it for your response to the complaint. Answer and Response Depending on state law, you will have 20 to 30 days to file a response to the hospital’s complaint. Most responses are fairly straightforward — you will either admit or deny the claim, and the answer is your opportunity to assert any legal defenses to the debt or potential counterclaims against the hospital. This is where an experienced attorney might help. Not only can a lawyer spot legal issues and defenses you may miss, but the failure to assert certain defenses or counterclaims in the initial answer to a complaint may forfeit them down the road. Defenses to Hospital Debt You can dispute the debt, based on a variety of issues. It’s possible the hospital miscalculated the amount you owe, or you’ve already paid it back. Or there could be a procedural problem, like a provision saying the dispute must be settled through arbitration, or that the lawsuit was filed after the statute of limitations expired. And if you’ve been sued by a debt collection agency, there may be issues with how the debt was transferred from the hospital. A good lawyer will be able to spot these issues, and more, and aid in your defense. If you’ve been sued for a hospital debt, you should contact an experienced attorney today. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) What Should I Do if I’ve Been Sued for Debt? (FindLaw) Can I Sue for Hospital Negligence? (FindLaw’s Injured) Do You Have The Right to Refuse Medical Treatment? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/01/how-to-defend-a-hospita... via Blogger hobbsr04.blogspot.com/2016/01/how-to-defend-hospital-debt...

via Flickr http://www.flickr.com/photos/87814799@N02/24046220824

How to Defend a Hospital Debt Lawsuit

Anyone who’s been injured or sick enough to spend time in a hospital knows that those visits aren’t cheap. Beyond the bills for tests, procedures, and overnight stays, you might be missing out on pay from work. And this combination can lead to you owing the hospital a significant amount of money.

So what happens when a hospital (or a debt collector) files a lawsuit to get paid?

The Complaint

Receiving a complaint and legal summons is a scary prospect, even if you don’t think the hospital debt is legitimate. Most of us don’t envy the prospect of going to court, even if we’re right. But the last thing you want to do is ignore the complaint. A failure to respond to the complaint could forfeit certain defenses or otherwise negatively affect your case.

You should review the complaint thoroughly — it will generally list the defendants (you and possibly a cosigner), the amount owed, and any efforts to secure payment. If any of this information is wrong, you’ll want to note it for your response to the complaint.

Answer and Response

Depending on state law, you will have 20 to 30 days to file a response to the hospital’s complaint. Most responses are fairly straightforward — you will either admit or deny the claim, and the answer is your opportunity to assert any legal defenses to the debt or potential counterclaims against the hospital.

This is where an experienced attorney might help. Not only can a lawyer spot legal issues and defenses you may miss, but the failure to assert certain defenses or counterclaims in the initial answer to a complaint may forfeit them down the road.

Defenses to Hospital Debt

You can dispute the debt, based on a variety of issues. It’s possible the hospital miscalculated the amount you owe, or you’ve already paid it back. Or there could be a procedural problem, like a provision saying the dispute must be settled through arbitration, or that the lawsuit was filed after the statute of limitations expired. And if you’ve been sued by a debt collection agency, there may be issues with how the debt was transferred from the hospital.

A good lawyer will be able to spot these issues, and more, and aid in your defense. If you’ve been sued for a hospital debt, you should contact an experienced attorney today.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• What Should I Do if I’ve Been Sued for Debt? (FindLaw)
• Can I Sue for Hospital Negligence? (FindLaw’s Injured)
• Do You Have The Right to Refuse Medical Treatment? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/01/how-to-defend-a-hospital-debt-lawsuit.html

Too Much College Fun: When Can You Sue for Hazing?

via Tumblr hobbsr04.tumblr.com/post/138219018712 ‘Boys will be boys’ used to be an excuse for bullying, and by the time boys were almost men it was expected that anyone who wanted to join a fraternity would put up with hazing. But today bullying and hazing are — at least officially — unacceptable and this could mean trouble for traditional fraternities. A former Kappa Alpha Psi recruit in Maryland, Johnny Powell II, is suing the fraternity for $4 million, alleging that he was severely beaten and abused during recruiting, NBC News reports. “I shouldn’t have to die to be in a fraternity,” Powell said. His is not the first fraternity hazing case at all. But all raise the same questions about what is acceptable behavior today. What Is Too Much? In 2014, a California student was discovered dead, shoeless, and dehydrated, by a park ranger in a national forest. He was on a hike with his prospective fraternity brothers and fellow pledges, and his family believes he was hazed to death. That was obviously too much. Powell’s recent suit is much less extreme, but that does not necessarily mean what happened to him was okay. His suit alleges that he was physically beaten by fraternity brothers to the point that he had to be hospitalized. Powell also claims that he had to run errands for frat brothers or risk physical punishment and that he was forced to do calisthenics while brothers hit him. According to Powell’s attorney, Jimmy Bell, the beatings were brutal and even took place during meetings that were supposed to be purely informational. Powell supposedly still sees a therapist and suffers back pain as a result of these experiences. As for physical injury, Bell said of his client Powell, “The doctor told him if he hadn’t come to the hospital, he probably would have died from internal bleeding,” Bell said.”They did a lot of things that are sadistic.” Who to Sue for What? There are a number of claims that can be made in a hazing case, depending on the details of course. And sometimes there are also several parties to target. Injury due to hazing might be considered either an intentional tort or negligence. Which claim applies depends on the facts of a case. Plaintiffs in a hazing case can also look beyond the fraternity itself when filing suit. Was the school negligent in any way? Are there other organizations affiliated with the target group who could also be sued? Talk to a Lawyer If you or someone you know was injured due to hazing at school or at any other institution, speak to a lawyer immediately. Counsel can assess your case and let you know what claims are appropriate. Many personal injury attorneys consult for free or no fee. Get guidance. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) 22 NIU Frat Members Charged in Hazing Death (FindLaw Blotter) Teen Sentenced in High School Football Hazing (FindLaw Blotter) from Injured blogs.findlaw.com/injured/2016/01/too-much-tough-fun-when... via Blogger hobbsr04.blogspot.com/2016/01/too-much-college-fun-when-c...

via Flickr http://www.flickr.com/photos/87814799@N02/24644481136

Too Much College Fun: When Can You Sue for Hazing?

‘Boys will be boys’ used to be an excuse for bullying, and by the time boys were almost men it was expected that anyone who wanted to join a fraternity would put up with hazing. But today bullying and hazing are — at least officially — unacceptable and this could mean trouble for traditional fraternities.

A former Kappa Alpha Psi recruit in Maryland, Johnny Powell II, is suing the fraternity for $4 million, alleging that he was severely beaten and abused during recruiting, NBC News reports. “I shouldn’t have to die to be in a fraternity,” Powell said. His is not the first fraternity hazing case at all. But all raise the same questions about what is acceptable behavior today.

What Is Too Much?

In 2014, a California student was discovered dead, shoeless, and dehydrated, by a park ranger in a national forest. He was on a hike with his prospective fraternity brothers and fellow pledges, and his family believes he was hazed to death. That was obviously too much.

Powell’s recent suit is much less extreme, but that does not necessarily mean what happened to him was okay. His suit alleges that he was physically beaten by fraternity brothers to the point that he had to be hospitalized. Powell also claims that he had to run errands for frat brothers or risk physical punishment and that he was forced to do calisthenics while brothers hit him.

According to Powell’s attorney, Jimmy Bell, the beatings were brutal and even took place during meetings that were supposed to be purely informational. Powell supposedly still sees a therapist and suffers back pain as a result of these experiences.

As for physical injury, Bell said of his client Powell, “The doctor told him if he hadn’t come to the hospital, he probably would have died from internal bleeding,” Bell said.”They did a lot of things that are sadistic.”

Who to Sue for What?

There are a number of claims that can be made in a hazing case, depending on the details of course. And sometimes there are also several parties to target.

Injury due to hazing might be considered either an intentional tort or negligence. Which claim applies depends on the facts of a case. Plaintiffs in a hazing case can also look beyond the fraternity itself when filing suit. Was the school negligent in any way? Are there other organizations affiliated with the target group who could also be sued?

Talk to a Lawyer

If you or someone you know was injured due to hazing at school or at any other institution, speak to a lawyer immediately. Counsel can assess your case and let you know what claims are appropriate. Many personal injury attorneys consult for free or no fee. Get guidance.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• 22 NIU Frat Members Charged in Hazing Death (FindLaw Blotter)
• Teen Sentenced in High School Football Hazing (FindLaw Blotter)
  

from Injured http://blogs.findlaw.com/injured/2016/01/too-much-tough-fun-when-can-you-sue-for-hazing.html

The Case of Viral v. Viral: Buzzfeed Sued for Defamation

via Tumblr hobbsr04.tumblr.com/post/138171695757 Remember that viral news story about a Russian fisherman attacked by a bear but saved by a Justin Bieber ringtone? Or the college student who set his school on fire with a fireworks marriage proposal? Or how about the lonely Chinese teenagers taking cabbages for walks? Well, BuzzFeed had to get those stories from somewhere. Those three and more came from Central European News (CEN), an agency that BuzzFeed also called “The King of Bullsh*t News.” Well it turns out CEN didn’t take kindly to that description, and is now suing BuzzFeed for $11 million, claiming the story was defamatory. You Can’t Bullsh*t a Bullsh*tter BuzzFeed allegedly investigated 41 CEN articles: “Of those, 11 proved to be completely false or to be based on images that did not match the stories; eight more contained suspicious details such as perfect quotes that appeared in no other coverage; 13 we were unable to verify either way; and nine appeared to be real or mostly real.” BuzzFeed also looked at 10 of its own posts that were based on CEN content, and appended those stories with updates. However, journalist Michael Leidig stands by the posts, saying BuzzFeed reporters didn’t do enough to prove the stories were false. His lawsuit claims, “Young people in China had walked cabbages out of loneliness; the persons quoted in the CEN story were real and the quotes correct; and the story was widely re-published in China, leading to some public-opinion surveys conducted about the phenomenon, which led to further news stories there.” Direct or Defamatory? But Leidig and CEN might have an uphill battle proving BuzzFeed’s story was defamatory. First, they will have to prove that elements of the story are false, which may be difficult to do if the story was well-researched and edited. Second, they will have to prove these false statements caused them injury. While damages may be presumed in some instances of defamation (like criminal accusations), CEN will probably have to demonstrate some financial harm caused by BuzzFeed’s story. Finally, and perhaps most difficult, CEN will have to prove the story was published with “actual malice.” While this doesn’t necessarily mean ill will, it is a higher standard for statements regarding people who have voluntarily assumed a position in the public eye. Because CEN and Leidig are public figures, they will have to demonstrate that BuzzFeed’s defamatory statements were made with either the knowledge that they were false or a reckless disregard for whether they were true or false. We’ll have to wait and see if CEN’s lawsuit passes the smell test. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) BuzzFeed Faces $11m Defamation Lawsuit From Viral News Agency (The Guardian) Is It Worth Suing for Defamation to Protect Your Reputation? (FindLaw’s Injured) Defamation (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/01/the-case-of-viral-v-vir... via Blogger hobbsr04.blogspot.com/2016/01/the-case-of-viral-v-viral-b...

via Flickr http://www.flickr.com/photos/87814799@N02/24544813042

The Case of Viral v. Viral: Buzzfeed Sued for Defamation

Remember that viral news story about a Russian fisherman attacked by a bear but saved by a Justin Bieber ringtone? Or the college student who set his school on fire with a fireworks marriage proposal? Or how about the lonely Chinese teenagers taking cabbages for walks? Well, BuzzFeed had to get those stories from somewhere.

Those three and more came from Central European News (CEN), an agency that BuzzFeed also called “The King of Bullsh*t News.” Well it turns out CEN didn’t take kindly to that description, and is now suing BuzzFeed for $11 million, claiming the story was defamatory.

You Can’t Bullsh*t a Bullsh*tter

BuzzFeed allegedly investigated 41 CEN articles: “Of those, 11 proved to be completely false or to be based on images that did not match the stories; eight more contained suspicious details such as perfect quotes that appeared in no other coverage; 13 we were unable to verify either way; and nine appeared to be real or mostly real.” BuzzFeed also looked at 10 of its own posts that were based on CEN content, and appended those stories with updates.

However, journalist Michael Leidig stands by the posts, saying BuzzFeed reporters didn’t do enough to prove the stories were false. His lawsuit claims, “Young people in China had walked cabbages out of loneliness; the persons quoted in the CEN story were real and the quotes correct; and the story was widely re-published in China, leading to some public-opinion surveys conducted about the phenomenon, which led to further news stories there.”

Direct or Defamatory?

But Leidig and CEN might have an uphill battle proving BuzzFeed’s story was defamatory. First, they will have to prove that elements of the story are false, which may be difficult to do if the story was well-researched and edited. Second, they will have to prove these false statements caused them injury. While damages may be presumed in some instances of defamation (like criminal accusations), CEN will probably have to demonstrate some financial harm caused by BuzzFeed’s story.

Finally, and perhaps most difficult, CEN will have to prove the story was published with “actual malice.” While this doesn’t necessarily mean ill will, it is a higher standard for statements regarding people who have voluntarily assumed a position in the public eye. Because CEN and Leidig are public figures, they will have to demonstrate that BuzzFeed’s defamatory statements were made with either the knowledge that they were false or a reckless disregard for whether they were true or false.

We’ll have to wait and see if CEN’s lawsuit passes the smell test.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• BuzzFeed Faces $11m Defamation Lawsuit From Viral News Agency (The Guardian)
• Is It Worth Suing for Defamation to Protect Your Reputation? (FindLaw’s Injured)
• Defamation (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/01/the-case-of-viral-v-viral-buzzfeed-sued-for-defamation.html

Who Is Liable If You're Injured in an Uber Crash?

via Tumblr hobbsr04.tumblr.com/post/138151310552 Ride-sharing services like Uber, Lyft, and others have made getting around town much easier — just a few taps on your smartphone and you’ve got door-to-door service. And, for the most part, these services are as safe as taxis or driving yourself. But what happens in the rare cases of an accident? If you’re injured in a crash with an Uber driver or while riding in Uber or Lyft, who’s responsible? Responsibility With Riders If you’re a passenger in an Uber, Lyft, or other ride-share, your injuries will probably be covered by the company’s insurance. Many states, like California, require ride-sharing companies to carry a certain amount of commercial liability insurance to cover accidents and injuries. In general, employers are liable for their employees’ accidents, and, while there have been some disagreements regarding whether Uber drivers are technically employees or not, ride-sharing companies will indemnify their drivers if they get into an accident while driving a customer. Rider-less Responsibility If you’re driving another car, or are a pedestrian and struck by an Uber driver, determining liability could be a little tougher. While ride-share companies cover drivers when they’re on the clock, figuring out what constitutes “on the clock” has proven a bit trickier. For instance, what if the driver doesn’t have a rider at the time of the accident, but is on her way to pick one up? If the ride-share driver is not covered under the company’s insurance policy, determining fault in a crash will be just like any other car accident. In those cases, you should gather as much evidence of the accident and your injuries as possible to support your claim. If you are able to determine the accident was the ride-share driver’s fault, he or she will generally be liable, and most ride-share companies require their drivers to carry their own insurance policies in that event. If you’ve been injured in a car accident with an Uber driver and are having trouble getting reimbursed via insurance companies or are considering a lawsuit, you should contact an experienced injury attorney to discuss your claim. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Motor Vehicle Accidents (FindLaw’s Injured) Ride Service Uber Sued Over Girl’s Death (FindLaw’s Injured) DUI Crashes: 5 Factors for Victim Compensation (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/01/who-is-liable-if-youre-... via Blogger hobbsr04.blogspot.com/2016/01/who-is-liable-if-youre-inju...

via Flickr http://www.flickr.com/photos/87814799@N02/24620449046

Who Is Liable If You're Injured in an Uber Crash?

Ride-sharing services like Uber, Lyft, and others have made getting around town much easier — just a few taps on your smartphone and you’ve got door-to-door service. And, for the most part, these services are as safe as taxis or driving yourself.

But what happens in the rare cases of an accident? If you’re injured in a crash with an Uber driver or while riding in Uber or Lyft, who’s responsible?

Responsibility With Riders

If you’re a passenger in an Uber, Lyft, or other ride-share, your injuries will probably be covered by the company’s insurance. Many states, like California, require ride-sharing companies to carry a certain amount of commercial liability insurance to cover accidents and injuries.

In general, employers are liable for their employees’ accidents, and, while there have been some disagreements regarding whether Uber drivers are technically employees or not, ride-sharing companies will indemnify their drivers if they get into an accident while driving a customer.

Rider-less Responsibility

If you’re driving another car, or are a pedestrian and struck by an Uber driver, determining liability could be a little tougher. While ride-share companies cover drivers when they’re on the clock, figuring out what constitutes “on the clock” has proven a bit trickier. For instance, what if the driver doesn’t have a rider at the time of the accident, but is on her way to pick one up?

If the ride-share driver is not covered under the company’s insurance policy, determining fault in a crash will be just like any other car accident. In those cases, you should gather as much evidence of the accident and your injuries as possible to support your claim. If you are able to determine the accident was the ride-share driver’s fault, he or she will generally be liable, and most ride-share companies require their drivers to carry their own insurance policies in that event.

If you’ve been injured in a car accident with an Uber driver and are having trouble getting reimbursed via insurance companies or are considering a lawsuit, you should contact an experienced injury attorney to discuss your claim.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Motor Vehicle Accidents (FindLaw’s Injured)
• Ride Service Uber Sued Over Girl’s Death (FindLaw’s Injured)
• DUI Crashes: 5 Factors for Victim Compensation (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/01/who-is-liable-if-youre-injured-in-an-uber-crash.html

Spotting Car Insurance Scammers

via Tumblr hobbsr04.tumblr.com/post/138106886627 When you have a car, you must carry insurance according to most state’s laws. This is meant to protect all of us in case of accidents. But unfortunately it also makes us targets for insurance fraudsters who make false claims. Car insurance fraud costs all drivers because false claims raise rates generally. Insurance scams lead to increased rates for everyone, and can be a direct danger to you. So, let’s look at how auto insurance fraud could impact you — quite literally, in the case of a crash — and how to avoid being a target of someone else’s illegal scheme. Accidents Happen Although it is true that accidents happen to everyone, they happen a lot more to car insurance fraudsters than others. Just last week, a Utah driver was charged with multiple counts of insurance fraud because he was in 23 car crashes in just 5 years, recovering tens of thousands of dollars from insurance companies. The Utah driver was deliberately getting into car accidents in order to collect funds from car insurers. His scheme was more common than you might expect. “Hard car insurance fraud” is when a single or multiple drivers decide to crash in order to collect on insurance. The best way to avoid fraudsters in this context is to drive carefully and safely. Tailgating or reckless driving provides a perfect setup for a fraudster. Your carelessness on the road will make you a target and you will end up paying for accidents that were not that all but were in fact deliberate. After the Accident If you have gotten into an accident and are not seriously hurt, try to keep an eye on what is happening. Is the tow truck pulling your car from a company that you called? If not, stop the truck and make your own arrangements or risk an extraordinarily large bill. Similarly, you should be leery of lawyers or doctors who happen to appear on the scene. Not everyone is a fraudster but unscrupulous professionals certainly do engage in insurance fraud and you need to be careful when it comes to injury claims and insurance. Consult With Counsel If you have been in an accident and were injured, consult with an attorney and have your case assessed. Many lawyers consult for free or no fee. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) State Car Insurance Information (FindLaw) Getting Car Insurance (FindLaw) from Injured blogs.findlaw.com/injured/2016/01/accidents-happen-avoidi... via Blogger hobbsr04.blogspot.com/2016/01/spotting-car-insurance-scam...

via Flickr http://www.flickr.com/photos/87814799@N02/24632933025

Spotting Car Insurance Scammers

When you have a car, you must carry insurance according to most state’s laws. This is meant to protect all of us in case of accidents. But unfortunately it also makes us targets for insurance fraudsters who make false claims.

Car insurance fraud costs all drivers because false claims raise rates generally. Insurance scams lead to increased rates for everyone, and can be a direct danger to you. So, let’s look at how auto insurance fraud could impact you — quite literally, in the case of a crash — and how to avoid being a target of someone else’s illegal scheme.

Accidents Happen

Although it is true that accidents happen to everyone, they happen a lot more to car insurance fraudsters than others. Just last week, a Utah driver was charged with multiple counts of insurance fraud because he was in 23 car crashes in just 5 years, recovering tens of thousands of dollars from insurance companies.

The Utah driver was deliberately getting into car accidents in order to collect funds from car insurers. His scheme was more common than you might expect. “Hard car insurance fraud” is when a single or multiple drivers decide to crash in order to collect on insurance.

The best way to avoid fraudsters in this context is to drive carefully and safely. Tailgating or reckless driving provides a perfect setup for a fraudster. Your carelessness on the road will make you a target and you will end up paying for accidents that were not that all but were in fact deliberate.

After the Accident

If you have gotten into an accident and are not seriously hurt, try to keep an eye on what is happening. Is the tow truck pulling your car from a company that you called? If not, stop the truck and make your own arrangements or risk an extraordinarily large bill.

Similarly, you should be leery of lawyers or doctors who happen to appear on the scene. Not everyone is a fraudster but unscrupulous professionals certainly do engage in insurance fraud and you need to be careful when it comes to injury claims and insurance.

Consult With Counsel

If you have been in an accident and were injured, consult with an attorney and have your case assessed. Many lawyers consult for free or no fee.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• State Car Insurance Information (FindLaw)
• Getting Car Insurance (FindLaw)
  

from Injured http://blogs.findlaw.com/injured/2016/01/accidents-happen-avoiding-car-insurance-scammers.html

Legal Liability for Flint Water Crisis

via Tumblr hobbsr04.tumblr.com/post/138037432512 On January 5, Michigan Governor Rick Snyder declared a state of emergency for the city of Flint and the surrounding Genesee County based on the ongoing health and safety concerns surrounding the city’s water supply. Extremely elevated levels of lead have been found in residents’ drinking water and in their blood, causing a number of serious health problems and the possibly contributing to a deadly outbreak of Legionnaires’ disease. State officials have announced a “thorough, exhaustive and independent” investigation into the crisis, and the first class action lawsuits against the governor and other state and city officials have already been filed. So who can be held liable for contaminated drinking water? Dirty Water The source of the contaminated water in Flint has been traced to the city’s decision to switch its water source from water from Lake Huron, which it had been using for decades, to water from the Flint River. The problem was that the Flint River water had not been treated with the same anti-corrosion chemicals with which the Lake Huron water had been treated. This allowed rust, iron, and lead from aging pipes to leach into residents’ tap water. The decision to switch water supplies came in early 2014. Flint was under the control of an emergency manager appointed by Gov. Snyder, and the city was trying to save money. Complaints about foul-smelling, bad-tasting, and discolored water began almost immediately after the switch. And the Washington Post reported that local, state, and even federal authorities ignored, denied, or in some cases covered up the problem for over a year. Legal Claims The first class action filed in the Flint water crisis was based on a violation of substantive due process, alleging that the decision to switch from clean, healthy water to inadequately treated water caused or increased the risk of harm to citizens. Lawsuits based on lead poisoning could also be standard negligence claims, alleging that city and state officials had a duty of reasonable care to provide clean water to residents and breached that duty by switching to unsafe water. And, in some cases, courts have found that water is a good, with an implied warranty of merchantability (meaning it is fit for the purpose for which it is sold) and municipalities can be liable for breaching that implied warranty. The law on water contamination lawsuits varies by jurisdiction, so if you’ve been injured by contaminated drinking water, you should contact an experienced injury attorney near you. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Flint’s Water Crisis Reveals Government Failures at Every Level (The Washington Post) Can You Really Sue City Hall? (FindLaw’s Injured) Health Hazards (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/01/legal-liability-for-fli... via Blogger hobbsr04.blogspot.com/2016/01/legal-liability-for-flint-w...

via Flickr http://www.flickr.com/photos/87814799@N02/24610819485

Legal Liability for Flint Water Crisis

On January 5, Michigan Governor Rick Snyder declared a state of emergency for the city of Flint and the surrounding Genesee County based on the ongoing health and safety concerns surrounding the city’s water supply. Extremely elevated levels of lead have been found in residents’ drinking water and in their blood, causing a number of serious health problems and the possibly contributing to a deadly outbreak of Legionnaires’ disease.

State officials have announced a “thorough, exhaustive and independent” investigation into the crisis, and the first class action lawsuits against the governor and other state and city officials have already been filed. So who can be held liable for contaminated drinking water?

Dirty Water

The source of the contaminated water in Flint has been traced to the city’s decision to switch its water source from water from Lake Huron, which it had been using for decades, to water from the Flint River. The problem was that the Flint River water had not been treated with the same anti-corrosion chemicals with which the Lake Huron water had been treated. This allowed rust, iron, and lead from aging pipes to leach into residents’ tap water.

The decision to switch water supplies came in early 2014. Flint was under the control of an emergency manager appointed by Gov. Snyder, and the city was trying to save money. Complaints about foul-smelling, bad-tasting, and discolored water began almost immediately after the switch. And the Washington Post reported that local, state, and even federal authorities ignored, denied, or in some cases covered up the problem for over a year.

Legal Claims

The first class action filed in the Flint water crisis was based on a violation of substantive due process, alleging that the decision to switch from clean, healthy water to inadequately treated water caused or increased the risk of harm to citizens. Lawsuits based on lead poisoning could also be standard negligence claims, alleging that city and state officials had a duty of reasonable care to provide clean water to residents and breached that duty by switching to unsafe water.

And, in some cases, courts have found that water is a good, with an implied warranty of merchantability (meaning it is fit for the purpose for which it is sold) and municipalities can be liable for breaching that implied warranty. The law on water contamination lawsuits varies by jurisdiction, so if you’ve been injured by contaminated drinking water, you should contact an experienced injury attorney near you.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Flint’s Water Crisis Reveals Government Failures at Every Level (The Washington Post)
• Can You Really Sue City Hall? (FindLaw’s Injured)
• Health Hazards (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/01/legal-liability-for-flint-water-crisis.html

Can a Victim of Rape Sue for Money Damages?

via Tumblr hobbsr04.tumblr.com/post/137846378067 As we’ve learned from the Bill Cosby allegations, sometimes a district attorney declines to bring charges against accused rapists. Or if they do, it could be 10 years later. And even if a rapist is charged, convicted, and goes to jail, a victim may not be compensated for his or her trauma, pain, or suffering. So can rape victims sue their rapists in civil court? Intentional Torts There is a class of civil lawsuits that cover intentionally inflicted injuries, both physical and mental. Intentional tort claims seek to compensate the victims of purposeful harm. While there is no specific civil claim for rape, there are several intentional torts that may apply in a rape case, depending on the circumstances: Assault: If the rapist intended to and cause the victim apprehension of harmful or offensive contact. Battery: If the rapist intentionally caused non-consensual contact (some jurisdictions allow claims for sexual battery). False Imprisonment: If the rapist restrained the victim against his or her will. Intentional Infliction of Emotional Distress: If the rapist’s extreme and outrageous conduct caused the victim severe emotional distress and/or bodily harm. Any one of these claims, if successful, could secure damages for a rape victim. The exact amount of damages would depend on the particular facts in each case. The Clock Is Ticking In any legal case, criminal or civil, there are statutes of limitation. These are the time limits that the legal system places on criminal prosecutors and civil plaintiffs in which to file their case. If the claim is not filed in time, the right to bring the case could be forfeited. Statutes of limitation vary, depending on the state and the type of case. More serious claims tend to have longer statutes of limitation. For example, intentional torts must be filed in California within two years, but Florida allows four years to file such claims. And most states allow more time to file if the victim was a minor at the time. Intentional tort claims, and the statutes that regulate them, can be extremely complicated. If you have been assaulted and are thinking of filing a lawsuit, you should consult an experienced injury attorney. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Cal Supreme Court Lets Cosby Sexual Assault Suit Move Forward (FindLaw’s California Case Law) KBR Rape Case Settled for $3 Million after Arbitration Award (FindLaw’s Injured) Ben Roethlisberger Settles Lawsuit Accusing Him of Rape (FindLaw’s Tarnished Twenty) from Injured blogs.findlaw.com/injured/2016/01/can-a-victim-of-rape-su... via Blogger hobbsr04.blogspot.com/2016/01/can-victim-of-rape-sue-for-...

via Flickr http://www.flickr.com/photos/87814799@N02/24440715132

Can a Victim of Rape Sue for Money Damages?

As we’ve learned from the Bill Cosby allegations, sometimes a district attorney declines to bring charges against accused rapists. Or if they do, it could be 10 years later. And even if a rapist is charged, convicted, and goes to jail, a victim may not be compensated for his or her trauma, pain, or suffering.

So can rape victims sue their rapists in civil court?

Intentional Torts

There is a class of civil lawsuits that cover intentionally inflicted injuries, both physical and mental. Intentional tort claims seek to compensate the victims of purposeful harm. While there is no specific civil claim for rape, there are several intentional torts that may apply in a rape case, depending on the circumstances:

• Assault: If the rapist intended to and cause the victim apprehension of harmful or offensive contact.
• Battery: If the rapist intentionally caused non-consensual contact (some jurisdictions allow claims for sexual battery).
• False Imprisonment: If the rapist restrained the victim against his or her will.
• Intentional Infliction of Emotional Distress: If the rapist’s extreme and outrageous conduct caused the victim severe emotional distress and/or bodily harm.

Any one of these claims, if successful, could secure damages for a rape victim. The exact amount of damages would depend on the particular facts in each case.

The Clock Is Ticking

In any legal case, criminal or civil, there are statutes of limitation. These are the time limits that the legal system places on criminal prosecutors and civil plaintiffs in which to file their case. If the claim is not filed in time, the right to bring the case could be forfeited.

Statutes of limitation vary, depending on the state and the type of case. More serious claims tend to have longer statutes of limitation. For example, intentional torts must be filed in California within two years, but Florida allows four years to file such claims. And most states allow more time to file if the victim was a minor at the time.

Intentional tort claims, and the statutes that regulate them, can be extremely complicated. If you have been assaulted and are thinking of filing a lawsuit, you should consult an experienced injury attorney.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Cal Supreme Court Lets Cosby Sexual Assault Suit Move Forward (FindLaw’s California Case Law)
• KBR Rape Case Settled for $3 Million after Arbitration Award (FindLaw’s Injured)
• Ben Roethlisberger Settles Lawsuit Accusing Him of Rape (FindLaw’s Tarnished Twenty)

from Injured http://blogs.findlaw.com/injured/2016/01/can-a-victim-of-rape-sue-for-money-damages.html

Can I Sue for a Skin Cancer Misdiagnosis?

via Tumblr hobbsr04.tumblr.com/post/137815100732 Misdiagnosis is a legitimate claim in a medical malpractice lawsuit, and that applies to skin cancer like any other disease. But it is not easy to prove a doctor is liable for failure to correctly diagnose skin cancer. Medical malpractice suits are complex. Proving misdiagnosis is particularly difficult because you must show that an absence of action, or failure to take the correct action, is what caused your injury. This is tougher than a suit where you show someone acted negligently causing injury. Still, people can and do sue doctors for failure to diagnose correctly, so let’s look at what you’ll have to prove. Proving Medical Malpractice Not only doctors are negligent in medicine. All medical professionals and affiliated institutions can be implicated in a medical malpractice suit. The bases for such claims are misdiagnosis or failure to diagnose, negligent treatment, or poor illness management, among others. When a medical professional does or does not do something for a patient, and that decision both deviates from professional standards and injures the patient, a claim of medical malpractice can be made. A hospital may be included in the suit if there was failure to adequately train or monitor staff, for example. Elements of Medical Negligence To prove medical malpractice and prevail in your misdiagnosis claim, you must prove multiple elements. First, the doctor and others owed you a duty of care and breached it by deviating from the applicable medical standards. This can vary depending on where you are treated. If your lawyer shows that this deviation from the standard of care caused your misdiagnosis, thereby injuring you, all that is left are damages. Counsel must show what this injury cost you financially and otherwise, possibly including emotional pain and suffering. A good attorney will think of many angles on a case, and ensure all appropriate parties are named and that the evidence is all there to establish every element of your claim. But it is not a simple task. Talk to a Lawyer If you or someone you know has been injured by a doctor’s misdiagnosis, consult with counsel and get an idea of what your claim might be worth. Many attorneys consult for free or no fee. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Medical Malpractice: State Laws (FindLaw) Failed or Erroneous Diagnosis (FindLaw) from Injured blogs.findlaw.com/injured/2016/01/can-i-sue-for-a-skin-ca... via Blogger hobbsr04.blogspot.com/2016/01/can-i-sue-for-skin-cancer-m...

via Flickr http://www.flickr.com/photos/87814799@N02/24244518520

Can I Sue for a Skin Cancer Misdiagnosis?

Misdiagnosis is a legitimate claim in a medical malpractice lawsuit, and that applies to skin cancer like any other disease. But it is not easy to prove a doctor is liable for failure to correctly diagnose skin cancer.

Medical malpractice suits are complex. Proving misdiagnosis is particularly difficult because you must show that an absence of action, or failure to take the correct action, is what caused your injury. This is tougher than a suit where you show someone acted negligently causing injury. Still, people can and do sue doctors for failure to diagnose correctly, so let’s look at what you’ll have to prove.

Proving Medical Malpractice

Not only doctors are negligent in medicine. All medical professionals and affiliated institutions can be implicated in a medical malpractice suit. The bases for such claims are misdiagnosis or failure to diagnose, negligent treatment, or poor illness management, among others.

When a medical professional does or does not do something for a patient, and that decision both deviates from professional standards and injures the patient, a claim of medical malpractice can be made. A hospital may be included in the suit if there was failure to adequately train or monitor staff, for example.

Elements of Medical Negligence

To prove medical malpractice and prevail in your misdiagnosis claim, you must prove multiple elements. First, the doctor and others owed you a duty of care and breached it by deviating from the applicable medical standards. This can vary depending on where you are treated.

If your lawyer shows that this deviation from the standard of care caused your misdiagnosis, thereby injuring you, all that is left are damages. Counsel must show what this injury cost you financially and otherwise, possibly including emotional pain and suffering.

A good attorney will think of many angles on a case, and ensure all appropriate parties are named and that the evidence is all there to establish every element of your claim. But it is not a simple task.

Talk to a Lawyer

If you or someone you know has been injured by a doctor’s misdiagnosis, consult with counsel and get an idea of what your claim might be worth. Many attorneys consult for free or no fee.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Medical Malpractice: State Laws (FindLaw)
• Failed or Erroneous Diagnosis (FindLaw)

from Injured http://blogs.findlaw.com/injured/2016/01/can-i-sue-for-a-skin-cancer-misdiagnosis.html

Plaintiffs, Be Wary of Selling Settlements

via Tumblr hobbsr04.tumblr.com/post/137771910617 If you are a plaintiff in an injury suit and are awarded damages, you can sell the money owed to you in a structured settlement. In exchange, you get an upfront payment rather than incremental payments over the years. For many plaintiffs, this can solve financial problems that piled on during the pendency of the lawsuit, and that is important. But these deals can only be done with a judge’s approval when in the plaintiff’s best interest. Unfortunately, there is evidence that this is not what’s actually happening. One Tragic Tale A tragic tale published in The Washington Post in December tells the story of a man badly burned as child who was awarded a multi-million dollar settlement meant to keep him safe for life. At age 30, when he moved into his apartment, he showed his landlord the settlement payments he was supposed to get from an insurer – $10,000 a month. But he sold his incremental settlements for upfront money … many times over. And soon enough he was evicted. What he left behind in his apartment, his landlord said, was trail of paperwork from lawyers for sales of the settlement. Nine deals were approved by a single judge, whose duty it was to protect the plaintiff. The judge failed. The man, impaired and meant to be cared for all his life with money from this settlement, had sold $11 million for $1.4 million, or 16 cents on the dollar. Five of the deals are sealed. Plaintiffs Beware Since 1975, insurance firms have committed an estimated $350 billion to these structured settlement agreements, spawning a secondary market in which companies compete to buy payments for a smaller amount of upfront cash, according to The Washington Post. It’s another way to make money off of money. Or is it? While it can be helpful – not to mention tempting – to get a settlement in a lump sum, they are structured over time for reasons, one of which is to serve plaintiffs over a lifetime. Almost every state has a law to protect plaintiffs and ensure judges only approve deals in their best interest. But there are loopholes and judges who are insensitive to the interests of plaintiffs, or who perhaps understand the nature of these deals as helpful rather than predatory. Regardless, plaintiffs should be wary before deciding to sell their settlements for cents on the dollar. Related Resources: First Steps in a Personal Injury Claim (FindLaw) Meeting With an Injury Attorney (FindLaw) What Are Hedonic Damages? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/01/why-plaintiffs-should-b... via Blogger hobbsr04.blogspot.com/2016/01/plaintiffs-be-wary-of-selli...

via Flickr http://www.flickr.com/photos/87814799@N02/24159274079

Top 5 Deadliest Jobs

via Tumblr hobbsr04.tumblr.com/post/137771909472 We all have days when we hate our jobs, but most of us aren’t risking life and limb when we head into the office. And while on-the-job safety is improving (2013 had the second-lowest workplace fatalities since 1992), some jobs remain more dangerous and more deadly than others. Most people might guess police officers, firefighters, or security guards have the deadliest jobs, but law enforcement officers barely crack the top 15. So who has the deadliest job in America? Loggers: Logging and forestry workers had around 90 fatalities for every 100,000 workers in 2013, making it far and away the most deadly job that year. The vast majority of those fatalities were listed as “contact with equipment,” which is understandable, given their work environment. Fishers: Over the last seven years, fishing has been even more deadly than logging. Fishing industry workers average over 130 deaths per 100,000 workers every year. Fishers also have one of the worst job fatality-to-pay ratios of anyone on this list. Their median annual pay is around $35,000, less than police officers or firefighters. Airline Pilots: Most worker fatalities were caused by transportation incidents. Aircraft incidents accounted for 7 percent of all fatal occupational incidents in 2013, and 100 percent of fatal incidents for aircraft pilots and flight engineers. Roofers: Falls to a lower level accounted for 13 percent of all worker deaths in 2013, so it’s not surprising to see roofers on this list. Refuse and Recycling Collectors: It probably is surprising to see garbage collectors so high on this list. These workers are four times more likely to die on the job than firefighters and security guards. Almost 70 percent of those fatalities were transportation incidents. Honorable mention goes to taxi and limousine drivers. While murder on the job is relatively rare, taxi drivers are more likely to die from a homicide than from a transportation accident. If a loved one has died on the job, you may have a workers’ compensation or wrongful death claim. You can contact an experienced attorney to find out. Related Resources: Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) Top 10 Most Dangerous Jobs in the USA (FindLaw’s Injured) Can I Refuse to Work in Unsafe Conditions? (FindLaw’s Law and Daily Life) The 5 Most Common Workplace Injuries Revealed (FindLaw’s Free Enterprise) from Injured blogs.findlaw.com/injured/2016/01/top-5-deadliest-jobs.html via Blogger hobbsr04.blogspot.com/2016/01/top-5-deadliest-jobs.html

via Flickr http://www.flickr.com/photos/87814799@N02/23900234333

Plaintiffs, Be Wary of Selling Settlements

If you are a plaintiff in an injury suit and are awarded damages, you can sell the money owed to you in a structured settlement. In exchange, you get an upfront payment rather than incremental payments over the years. For many plaintiffs, this can solve financial problems that piled on during the pendency of the lawsuit, and that is important.

But these deals can only be done with a judge's approval when in the plaintiff's best interest. Unfortunately, there is evidence that this is not what's actually happening.

One Tragic Tale

A tragic tale published in The Washington Post in December tells the story of a man badly burned as child who was awarded a multi-million dollar settlement meant to keep him safe for life. At age 30, when he moved into his apartment, he showed his landlord the settlement payments he was supposed to get from an insurer -- $10,000 a month.

But he sold his incremental settlements for upfront money ... many times over. And soon enough he was evicted. What he left behind in his apartment, his landlord said, was trail of paperwork from lawyers for sales of the settlement.

Nine deals were approved by a single judge, whose duty it was to protect the plaintiff. The judge failed. The man, impaired and meant to be cared for all his life with money from this settlement, had sold $11 million for $1.4 million, or 16 cents on the dollar. Five of the deals are sealed.

Plaintiffs Beware

Since 1975, insurance firms have committed an estimated $350 billion to these structured settlement agreements, spawning a secondary market in which companies compete to buy payments for a smaller amount of upfront cash, according to The Washington Post. It's another way to make money off of money.

Or is it? While it can be helpful -- not to mention tempting -- to get a settlement in a lump sum, they are structured over time for reasons, one of which is to serve plaintiffs over a lifetime. Almost every state has a law to protect plaintiffs and ensure judges only approve deals in their best interest.

But there are loopholes and judges who are insensitive to the interests of plaintiffs, or who perhaps understand the nature of these deals as helpful rather than predatory. Regardless, plaintiffs should be wary before deciding to sell their settlements for cents on the dollar.

Related Resources:

• First Steps in a Personal Injury Claim (FindLaw)
• Meeting With an Injury Attorney (FindLaw)
• What Are Hedonic Damages? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/01/why-plaintiffs-should-be-wary-of-selling-settlements.html