3 Legal Tips for Travel in Times of Terrorism

via Tumblr hobbsr04.tumblr.com/post/142045068787 You can’t live in fear, but you should travel with an awareness of terrorism and the dangers that exist in our world. There is no sure way to keep safe, but you should be informed, using reliable and timely sources. Knowing some basics about what to do in case of emergency, before you go and while you are on the road, is also important. Here are some guidelines to consider. Guidelines for Travel Check With the State Department: The US Department of State’s Bureau of Consular Affairs issues travel advisories and warnings about places all over the world and a wide range of dangers, criminal, political, and natural. According to the authority, travel warnings remain in place until a situation changes, and some have been in effect for years. Know Your Embassy or Consulate: Wherever you go, know how to find the local branch of whatever authority issued your travel documents, whether or not it is American. Don’t wait until there is an emergency to find out where you need to be for emergency evacuation or the latest information. Get a sense of where you will have to go to seek help before you hit the road and make sure you keep the information handy. Check Important Documents: It is very smart, regardless of concerns about terrorism, to review your documents ahead of a trip and make sure friends or family members know where to find them. Do you have a will? Are your accounts organized and is your insurance information readily available? If a medical emergency arises, are there any directives people need to know about? Get your house in order before you leave it, however briefly. A Contingency Plan Recent terrorist attacks around the world have made everyone more wary of travel, and security screening will likely be increasingly strict. With more security everywhere you can expect long lines, delays, and lessons in patience. So of course, always budget for extra time and try to have a contingency plan should things go awry. Injured on the Road? If you or someone you know was injured on the road, or at home, speak to a lawyer about possible claims. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) How to Resolve Travel Disputes (FindLaw’s Learn About the Law) Travel Scams FAQ (FindLaw’s Learn About the Law) How to File a Complaint Against an Airline (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/03/3-legal-tips-for-travel... via Blogger hobbsr04.blogspot.com/2016/03/3-legal-tips-for-travel-in-...

via Flickr http://www.flickr.com/photos/87814799@N02/25559568413

Top 7 Questions for Sports Injury Lawsuits

via Tumblr hobbsr04.tumblr.com/post/142038050917 Americans love sports. Athletics — both playing and watching — is part of our national DNA. And like anything we do so often, we run the risk of getting hurt as an athlete or as a spectator. But figuring out who’s at fault for sports injuries can be difficult. Here are some big questions surrounding sports injuries and sports injury lawsuits: 1. Injured at a Sporting Event: Can You Sue? It’s not just the athletes that can get injured. Spectator injuries at sporting events — by wayward balls, slip and falls, and flying racecar debris — are all too common. 2. Kids’ Sports Injuries: 1 in 10 Get Hurt Sports are a worthwhile activity for kids, but that doesn’t mean they’re not without some risk. With so many children participating in sports, there are bound to be some injuries, but there are ways to keep your kids safe. 3. Study: Child Sports Concussion Rates Rising One of the biggest rises in injury rates involves head injuries and concussions. And while the NFL seems to be grabbing most of the headlines, it’s not just professionals, or even just football players, that are at risk. 4. New Football Controversy: Abdominal Injuries And it’s not just concussions that football players need to worry about. Some high school players have suffered fatal internal abdominal injuries, giving rise to some new safety equipment. 5. HS Football Coach’s Extreme Practice Gets Him Sued Most sports injuries are accidents. But sadly, some are easily preventable, with the right training and care. This coach demonstrated all the wrong qualities. 6. Are You Required to Sign School Liability Waivers? If your child participates in sports (or, seemingly, any other activity) at school, you’ve probably already seen a mandatory liability waiver. But how mandatory are they, really? And what, exactly, are you signing away? 7. School Sports Injury Lawsuits Can Be Hit or Miss If your child is injured playing school sports, that waiver can make a lawsuit difficult. As can a theory called “assumption of risk,” which contends that athletes know there is a danger of injury and consent to play anyway. Any injury lawsuit can be complex, and the dynamic of school, athletics, and even sports venue only further complicate litigation. If you or your child has been injured playing or watching sport and you’re considering filing a lawsuit, you should consult with an experienced personal injury attorney first. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Can You Win a Child Sports Injury Lawsuit? (FindLaw’s Injured) Wrestling Camp Sued Over Teen’s Brain Injury (FindLaw’s Injured) School Liability Waivers: What a Parent Signs Away (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/03/top-7-questions-for-spo... via Blogger hobbsr04.blogspot.com/2016/03/top-7-questions-for-sports-...

via Flickr http://www.flickr.com/photos/87814799@N02/26094248381

3 Legal Tips for Travel in Times of Terrorism

You can’t live in fear, but you should travel with an awareness of terrorism and the dangers that exist in our world. There is no sure way to keep safe, but you should be informed, using reliable and timely sources.

Knowing some basics about what to do in case of emergency, before you go and while you are on the road, is also important. Here are some guidelines to consider.

Guidelines for Travel

1. Check With the State Department: The US Department of State’s Bureau of Consular Affairs issues travel advisories and warnings about places all over the world and a wide range of dangers, criminal, political, and natural. According to the authority, travel warnings remain in place until a situation changes, and some have been in effect for years.
2. Know Your Embassy or Consulate: Wherever you go, know how to find the local branch of whatever authority issued your travel documents, whether or not it is American. Don’t wait until there is an emergency to find out where you need to be for emergency evacuation or the latest information. Get a sense of where you will have to go to seek help before you hit the road and make sure you keep the information handy.
3. Check Important Documents: It is very smart, regardless of concerns about terrorism, to review your documents ahead of a trip and make sure friends or family members know where to find them. Do you have a will? Are your accounts organized and is your insurance information readily available? If a medical emergency arises, are there any directives people need to know about? Get your house in order before you leave it, however briefly.

A Contingency Plan

Recent terrorist attacks around the world have made everyone more wary of travel, and security screening will likely be increasingly strict. With more security everywhere you can expect long lines, delays, and lessons in patience. So of course, always budget for extra time and try to have a contingency plan should things go awry.

Injured on the Road?

If you or someone you know was injured on the road, or at home, speak to a lawyer about possible claims. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• How to Resolve Travel Disputes (FindLaw’s Learn About the Law)
• Travel Scams FAQ (FindLaw’s Learn About the Law)
• How to File a Complaint Against an Airline (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/03/3-legal-tips-for-travel-in-times-of-terrorism.html

Top 7 Questions for Sports Injury Lawsuits

Americans love sports. Athletics — both playing and watching — is part of our national DNA. And like anything we do so often, we run the risk of getting hurt as an athlete or as a spectator.

But figuring out who’s at fault for sports injuries can be difficult. Here are some big questions surrounding sports injuries and sports injury lawsuits:

1. Injured at a Sporting Event: Can You Sue?

It’s not just the athletes that can get injured. Spectator injuries at sporting events — by wayward balls, slip and falls, and flying racecar debris — are all too common.

2. Kids’ Sports Injuries: 1 in 10 Get Hurt

Sports are a worthwhile activity for kids, but that doesn’t mean they’re not without some risk. With so many children participating in sports, there are bound to be some injuries, but there are ways to keep your kids safe.

3. Study: Child Sports Concussion Rates Rising

One of the biggest rises in injury rates involves head injuries and concussions. And while the NFL seems to be grabbing most of the headlines, it’s not just professionals, or even just football players, that are at risk.

4. New Football Controversy: Abdominal Injuries

And it’s not just concussions that football players need to worry about. Some high school players have suffered fatal internal abdominal injuries, giving rise to some new safety equipment.

5. HS Football Coach’s Extreme Practice Gets Him Sued

Most sports injuries are accidents. But sadly, some are easily preventable, with the right training and care. This coach demonstrated all the wrong qualities.

6. Are You Required to Sign School Liability Waivers?

If your child participates in sports (or, seemingly, any other activity) at school, you’ve probably already seen a mandatory liability waiver. But how mandatory are they, really? And what, exactly, are you signing away?

7. School Sports Injury Lawsuits Can Be Hit or Miss

If your child is injured playing school sports, that waiver can make a lawsuit difficult. As can a theory called “assumption of risk,” which contends that athletes know there is a danger of injury and consent to play anyway.

Any injury lawsuit can be complex, and the dynamic of school, athletics, and even sports venue only further complicate litigation. If you or your child has been injured playing or watching sport and you’re considering filing a lawsuit, you should consult with an experienced personal injury attorney first.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Can You Win a Child Sports Injury Lawsuit? (FindLaw’s Injured)
• Wrestling Camp Sued Over Teen’s Brain Injury (FindLaw’s Injured)
• School Liability Waivers: What a Parent Signs Away (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/03/top-7-questions-for-sports-injuries.html

Simple Guide to Suing for Battery

via Tumblr hobbsr04.tumblr.com/post/141980506747 While most battery cases are handled in criminal courts, if prosecutors are unwilling or unable to bring a case, you may be able to sue someone in civil court for battery. Battery is generally defined as the intentional touching of another person in a harmful or offensive manner, without consent. But a seemingly straightforward battery claim can be surprisingly complicated. Here’s a simple guide to battery lawsuits: Battery Elements There are four main components to any battery claim: Intent — This is a little tricky because, while you must prove that the person intended to commit an act of unwanted contact, you don’t have to prove that the person intended the result. For instance, if someone tries to hit someone else and hits you instead, that intent would transfer and would be enough. Contact — As opposed to assault, which is a threat to touch, actual contact must be made, but it doesn’t have to be with your actual body. If someone make’s non-consensual contact with your “extended personality” like a necklace, piece of clothing, or purse, for example, that is also battery. Harm — In this context, harm doesn’t mean a physical injury, but rather that manner of the contact was harmful or offensive, like snatching something away from you or a shove that doesn’t leave a mark. Damages — If there is some physical injury, damage to your property, or emotional harm caused by the battery, you may be entitled to compensation. Battery Evidence In straightforward cases like bar fights, it can be easy to prove someone’s intent — he threw a punch and hit me in the face. Other cases, like in crowds, can be more difficult — did she mean to knock me to the ground? So, too, can proving harm, especially if someone claims to have differing standards of offensive. Proving the other elements of contact and damages may be easier, but require certain evidence, like photos or video of the incident or bills for medical care or damaged property. If you’re thinking about filing a battery lawsuit, your first step should be to find the right personal injury attorney for you and consult her about your case. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Assault, Battery and Intentional Torts (FindLaw) Can You Sue Someone for Beating You Up? (FindLaw’s Injured) How Much Money Can I Win in a Lawsuit for Assault? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/03/simple-guide-to-suing-f... via Blogger hobbsr04.blogspot.com/2016/03/simple-guide-to-suing-for-b...

via Flickr http://www.flickr.com/photos/87814799@N02/25869206610

Simple Guide to Suing for Battery

While most battery cases are handled in criminal courts, if prosecutors are unwilling or unable to bring a case, you may be able to sue someone in civil court for battery. Battery is generally defined as the intentional touching of another person in a harmful or offensive manner, without consent. But a seemingly straightforward battery claim can be surprisingly complicated.

Here’s a simple guide to battery lawsuits:

Battery Elements

There are four main components to any battery claim:

1. Intent — This is a little tricky because, while you must prove that the person intended to commit an act of unwanted contact, you don’t have to prove that the person intended the result. For instance, if someone tries to hit someone else and hits you instead, that intent would transfer and would be enough.
2. Contact — As opposed to assault, which is a threat to touch, actual contact must be made, but it doesn’t have to be with your actual body. If someone make’s non-consensual contact with your “extended personality” like a necklace, piece of clothing, or purse, for example, that is also battery.
3. Harm — In this context, harm doesn’t mean a physical injury, but rather that manner of the contact was harmful or offensive, like snatching something away from you or a shove that doesn’t leave a mark.
4. Damages — If there is some physical injury, damage to your property, or emotional harm caused by the battery, you may be entitled to compensation.

Battery Evidence

In straightforward cases like bar fights, it can be easy to prove someone’s intent — he threw a punch and hit me in the face. Other cases, like in crowds, can be more difficult — did she mean to knock me to the ground? So, too, can proving harm, especially if someone claims to have differing standards of offensive. Proving the other elements of contact and damages may be easier, but require certain evidence, like photos or video of the incident or bills for medical care or damaged property.

If you’re thinking about filing a battery lawsuit, your first step should be to find the right personal injury attorney for you and consult her about your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Assault, Battery and Intentional Torts (FindLaw)
• Can You Sue Someone for Beating You Up? (FindLaw’s Injured)
• How Much Money Can I Win in a Lawsuit for Assault? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/03/simple-guide-to-suing-for-battery.html

Who Is Liable In a Skateboarding Accident?

via Tumblr hobbsr04.tumblr.com/post/141974625357 The skaters of your youth have turned into adult commuters and they are riding their decks through crowded city streets, which has piqued your interest in skateboard liability. What does this mean in the case of injury and who can be sued in a skateboard crash? Just as in any other type of accident, liability for an injury stemming from a skateboard crash will be considered under the law of negligence. Negligence has four elements which must be proven for an injury claim to succeed. Let’s review them here. Proving Negligence The four elements of negligence are duty, breach, causation, and compensable harm (sometimes called damages). All four elements must be present for a negligence case to succeed, meaning — for example — that even if a defendant is at fault, a plaintiff cannot win if there was no injury. Assuming, you are the plaintiff suing a skater, first you must show that the skater owed you a duty of care. The duty of care owed would be that of the a reasonable skater in same or similar circumstances. What does that mean? An illustrative example may help you to see. If the skater you’re suing did an Ollie (a slightly tricky skating jump) onto a crowded sidewalk during rush hour, that is probably unreasonable and likely considered a breach of the duty of care owed. Thus, two elements of negligence are satisfied. Next, you have to show that the defendant skater’s actions caused your injury and that there were no unforeseeable intervening circumstances. Say the skater argues that a car was coming, forcing the move to the sidewalk. Arguably, that is foreseeable and does not necessarily negate causation. But if a big truck going the wrong way down the street is what prompts the skater to Ollie onto your feet, then causation is not as clear (you could name the trucker in the suit, too, though). Finally, you must show harm or damages. Is your claim compensable? Were you injured in such a way that an award from the court can make things right? Damages claims usually cover medical care, time for lost work and wages, and other costs associated with your injury. Talk to a Lawyer If you or someone you know was injured in a skating accident, or injured by a negligent skater, speak to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your claim. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Standard of Care and the “Reasonable Person” (FindLaw’s Learn About the Law) Contributory and Comparative Negligence (FindLaw’s Learn About the Law) Defenses to Negligence Claims (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/03/who-is-liable-in-a-skat... via Blogger hobbsr04.blogspot.com/2016/03/who-is-liable-in-skateboard...

via Flickr http://www.flickr.com/photos/87814799@N02/26074216071

Who Is Liable In a Skateboarding Accident?

The skaters of your youth have turned into adult commuters and they are riding their decks through crowded city streets, which has piqued your interest in skateboard liability. What does this mean in the case of injury and who can be sued in a skateboard crash?

Just as in any other type of accident, liability for an injury stemming from a skateboard crash will be considered under the law of negligence. Negligence has four elements which must be proven for an injury claim to succeed. Let’s review them here.

Proving Negligence

The four elements of negligence are duty, breach, causation, and compensable harm (sometimes called damages). All four elements must be present for a negligence case to succeed, meaning — for example — that even if a defendant is at fault, a plaintiff cannot win if there was no injury.

Assuming, you are the plaintiff suing a skater, first you must show that the skater owed you a duty of care. The duty of care owed would be that of the a reasonable skater in same or similar circumstances.

What does that mean? An illustrative example may help you to see. If the skater you’re suing did an Ollie (a slightly tricky skating jump) onto a crowded sidewalk during rush hour, that is probably unreasonable and likely considered a breach of the duty of care owed. Thus, two elements of negligence are satisfied.

Next, you have to show that the defendant skater’s actions caused your injury and that there were no unforeseeable intervening circumstances. Say the skater argues that a car was coming, forcing the move to the sidewalk. Arguably, that is foreseeable and does not necessarily negate causation. But if a big truck going the wrong way down the street is what prompts the skater to Ollie onto your feet, then causation is not as clear (you could name the trucker in the suit, too, though).

Finally, you must show harm or damages. Is your claim compensable? Were you injured in such a way that an award from the court can make things right? Damages claims usually cover medical care, time for lost work and wages, and other costs associated with your injury.

Talk to a Lawyer

If you or someone you know was injured in a skating accident, or injured by a negligent skater, speak to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your claim.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Standard of Care and the “Reasonable Person” (FindLaw’s Learn About the Law)
• Contributory and Comparative Negligence (FindLaw’s Learn About the Law)
• Defenses to Negligence Claims (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/03/who-is-liable-in-a-skateboarding-accident.html

Can Workers' Comp or Injury Settlements Be Garnished?

via Tumblr hobbsr04.tumblr.com/post/141912704652 You were hurt on the job and you are getting workers’ compensation, which helps. But your debts are many and you worry that your creditors are going to come calling. You’d happily pay everyone what you owe if you could but you have no funds to spare and there is no way to pay off debt with the little you get now. Will your worker’s compensation be garnished? The short answer is probably not. Let’s look at some details. Garnishment Rules Both federal and state laws regulate the amount of money that can be garnished from a person’s income. They type of income that a creditor seeks to garnish will impact the ability to collect as well. Generally speaking, worker’s compensation payments cannot be garnished by regular debt collectors, although there are some exceptions with respect to government garnishment for spousal and child support, depending on the state. In Ohio, for example, a garnishment for family support doesn’t even require a court order reportedly. If you were earning regular income, your creditors could garnish up to 25 percent of your total disposable income or whatever you earn that exceeds 30 percent of federal minimum wage. Individual states may have different specifics that apply, however, so do look up the local laws. Protecting Injury Settlements Workers’ compensation generally exists to minimize employee lawsuits for injury on the job. But that does not entirely rule out civil suits stemming from work-related injury against a party other than your employer, say a manufacturer of a defective product. Although your workers’ compensation settlements should be safe from creditors, generally speaking you should be aware of the fact that injury settlements are subject to creditors’ liens. Many patients are suing hospitals who they say overcharged them by collecting money from insurance companies and from the patient with a lien on an injury settlement. But the rules are complicated and everything will depend on the details of your situation. For example, say your health insurer claims a portion of a car accident settlement, that may just be written into your policies. Talk to a Lawyer If you are concerned about workers’ compensation, speak to a local lawyer. An attorney can give you invaluable guidance that applies to the specifics of your situation. Many lawyers consult for free or a minimal fee and will be happy to discuss your case. Related Resources: Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) Workers’ Comp In-Depth (FindLaw’s Learn About the Law) What Types of Injuries Are Compensable Under Workers’ Compensation? (FindLaw’s Learn About the Law) Workers’ Comp Benefits Explained (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/03/can-workers-comp-or-inj... via Blogger hobbsr04.blogspot.com/2016/03/can-workers-comp-or-injury-...

via Flickr http://www.flickr.com/photos/87814799@N02/26094374686

Can Workers' Comp or Injury Settlements Be Garnished?

You were hurt on the job and you are getting workers’ compensation, which helps. But your debts are many and you worry that your creditors are going to come calling.

You’d happily pay everyone what you owe if you could but you have no funds to spare and there is no way to pay off debt with the little you get now. Will your worker’s compensation be garnished? The short answer is probably not. Let’s look at some details.

Garnishment Rules

Both federal and state laws regulate the amount of money that can be garnished from a person’s income. They type of income that a creditor seeks to garnish will impact the ability to collect as well.

Generally speaking, worker’s compensation payments cannot be garnished by regular debt collectors, although there are some exceptions with respect to government garnishment for spousal and child support, depending on the state. In Ohio, for example, a garnishment for family support doesn’t even require a court order reportedly.

If you were earning regular income, your creditors could garnish up to 25 percent of your total disposable income or whatever you earn that exceeds 30 percent of federal minimum wage. Individual states may have different specifics that apply, however, so do look up the local laws.

Protecting Injury Settlements

Workers’ compensation generally exists to minimize employee lawsuits for injury on the job. But that does not entirely rule out civil suits stemming from work-related injury against a party other than your employer, say a manufacturer of a defective product. Although your workers’ compensation settlements should be safe from creditors, generally speaking you should be aware of the fact that injury settlements are subject to creditors’ liens.

Many patients are suing hospitals who they say overcharged them by collecting money from insurance companies and from the patient with a lien on an injury settlement. But the rules are complicated and everything will depend on the details of your situation. For example, say your health insurer claims a portion of a car accident settlement, that may just be written into your policies.

Talk to a Lawyer

If you are concerned about workers’ compensation, speak to a local lawyer. An attorney can give you invaluable guidance that applies to the specifics of your situation. Many lawyers consult for free or a minimal fee and will be happy to discuss your case.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• Workers’ Comp In-Depth (FindLaw’s Learn About the Law)
• What Types of Injuries Are Compensable Under Workers’ Compensation? (FindLaw’s Learn About the Law)
• Workers’ Comp Benefits Explained (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/03/can-workers-comp-or-injury-settlements-be-garnished.html

Recovering From a Traumatic Brain Injury

via Tumblr hobbsr04.tumblr.com/post/141855572672 Kevin Pearce was living the dream until he suffered a severe traumatic brain injury. An international snowboarding sensation, Pearce was training for the 2010 Olympic trials when he did a trick and crashed. His Olympic dreams were dashed but not his fighting spirit. Pearce and his brother founded Love Your Brain, an organization which supports brain injury survivors and their caregivers. He also helps by sharing his story, which is proof positive that it’s possible to recover from a traumatic brain injury. That is good news because they seem to be increasingly common. Brain Injury Statistics According to the Centers for Disease Control, looking at data between 2001 and 2010, In general, combined rates for traumatic brain injury-related emergency department visits, hospitalizations and deaths have increased over the past decade. Every year, there are over 1.5 million traumatic brain injuries that result in hospitalization, emergency care, or death. Although the results may be dramatic, not all brain injuries are caused by extreme activities. Any kind of trauma to the head or neck can cause the brain to bruise, bleed, swell or tear, and these injuries are caused by falls, accidents, playing sports, physical labor, and more. However a brain injury happens, it is a very serious matter and must be addressed immediately. Open or Closed? There are different types of brain injuries: open and closed. An open injury refers to a fractured skull whereas a closed brain injury indicates internal trauma, such as swelling or formation of dangerous blood clots inside the skull. A closed injury is no less severe than an open brain injury and may even be more dangerous. How Do You Know? Some brain injuries are obvious. Kevin Pearce crashed doing a double flip on a half-pipe that’s considered highly risky in the snowboarding business. “There’s a couple different versions of Double Cork,” Pearce told The Telegraph in 2014. “A Double Cork is when you do two flips and while you’re flipping you’re spinning as well, so you have both of these motions going on and you have to land correctly in the half-pipe wall.” He did not land correctly and smashed his head on the ice. Pearce’s injury could have killed him, but it did not. His recovery from that injury is documented in a film aptly called “The Crash Reel.” But not every brain injury is that obvious. In fact, evidence of trauma may not manifest immediately after an accident or activity. Warning signs include confusion and dizziness, difficulty remembering, unusual sluggishness, and severe headaches. If you experience these, see a physician. Talk to a Lawyer If you or someone you know has been injured in an accident, sporting activity, or otherwise, consult with an attorney about options for recovery. Not every injury is compensable but you may have a basis for a lawsuit. Speak to a lawyer. Related Resources: Browse Brain Injury Lawyers by Location (FindLaw Directory) Brain Injury Symptoms and Diagnosis (FindLaw’s Learn About the Law) Brain Injury Lawsuits: How Much Is Your Case Worth? (FindLaw’s Injured) Businessman’s $21 Million Brain Injury Verdict Threatened (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/03/traumatic-brain-injury-... via Blogger hobbsr04.blogspot.com/2016/03/recovering-from-traumatic-b...

via Flickr http://www.flickr.com/photos/87814799@N02/25495226474

Recovering From a Traumatic Brain Injury

Kevin Pearce was living the dream until he suffered a severe traumatic brain injury. An international snowboarding sensation, Pearce was training for the 2010 Olympic trials when he did a trick and crashed. His Olympic dreams were dashed but not his fighting spirit.

Pearce and his brother founded Love Your Brain, an organization which supports brain injury survivors and their caregivers. He also helps by sharing his story, which is proof positive that it's possible to recover from a traumatic brain injury. That is good news because they seem to be increasingly common.

Brain Injury Statistics

According to the Centers for Disease Control, looking at data between 2001 and 2010, In general, combined rates for traumatic brain injury-related emergency department visits, hospitalizations and deaths have increased over the past decade. Every year, there are over 1.5 million traumatic brain injuries that result in hospitalization, emergency care, or death.

Although the results may be dramatic, not all brain injuries are caused by extreme activities. Any kind of trauma to the head or neck can cause the brain to bruise, bleed, swell or tear, and these injuries are caused by falls, accidents, playing sports, physical labor, and more. However a brain injury happens, it is a very serious matter and must be addressed immediately.

Open or Closed?

There are different types of brain injuries: open and closed. An open injury refers to a fractured skull whereas a closed brain injury indicates internal trauma, such as swelling or formation of dangerous blood clots inside the skull. A closed injury is no less severe than an open brain injury and may even be more dangerous.

How Do You Know?

Some brain injuries are obvious. Kevin Pearce crashed doing a double flip on a half-pipe that's considered highly risky in the snowboarding business. "There's a couple different versions of Double Cork," Pearce told The Telegraph in 2014. "A Double Cork is when you do two flips and while you're flipping you're spinning as well, so you have both of these motions going on and you have to land correctly in the half-pipe wall."

He did not land correctly and smashed his head on the ice. Pearce's injury could have killed him, but it did not. His recovery from that injury is documented in a film aptly called "The Crash Reel."

But not every brain injury is that obvious. In fact, evidence of trauma may not manifest immediately after an accident or activity. Warning signs include confusion and dizziness, difficulty remembering, unusual sluggishness, and severe headaches. If you experience these, see a physician.

Talk to a Lawyer

If you or someone you know has been injured in an accident, sporting activity, or otherwise, consult with an attorney about options for recovery. Not every injury is compensable but you may have a basis for a lawsuit. Speak to a lawyer.

Related Resources:

• Browse Brain Injury Lawyers by Location (FindLaw Directory)
• Brain Injury Symptoms and Diagnosis (FindLaw's Learn About the Law)
• Brain Injury Lawsuits: How Much Is Your Case Worth? (FindLaw's Injured)
• Businessman's $21 Million Brain Injury Verdict Threatened (FindLaw's Injured)
  

from Injured http://blogs.findlaw.com/injured/2016/03/traumatic-brain-injury-survival-and-recovery.html

What's 'Patient Harm' and Who Sues for It?

via Tumblr hobbsr04.tumblr.com/post/141688619787 Patient harm is exactly what it sounds like: an injury to a person in a medical context. Hospitals and health care providers are legally obligated to report these incidents to state regulatory agencies, but there have been some very serious cases of patient harm that administrators did not report or did but made the harm seem more mild. So, not only were patients hurt in the hospital but health care administrators broke the rules of reporting. In some cases of severe patient harm, hospitals reported that an incident occurred but omitted critical details that reveal the extent of the harm. Let’s take a look at a sample case and your options as a patient who has been harmed. Case in Point One particularly egregious case arose in New York in 2000. A patient woke up from surgery to find her doctor’s initials carved on her body. The hospital reported the incident to the state health department but left out that critical detail about the carved initials, characterizing the incident in such a way as to make it seem less insane, as that was truly unusual behavior for a surgeon. The woman whose stomach Dr. Allan Zarkin carved his initials onto was also a doctor, so she had no doubts that what happened was wrong. Dr. Gedz — the patient in this case — sued the hospital, the doctor who had since been fired, and his private practice for $5.5 million in a civil lawsuit, charging that ”severe, permanent and devastating personal injuries” were ”caused by the carelessness, negligence and medical malpractice of the defendants.” Were You Harmed? When a patient is harmed by a health care provider, a medical malpractice suit is an option. Medical malpractice is simply a negligence claim arising in the medical context. To prove medical malpractice you must show that you were injured by your healthcare provider and that your injury arose from a breach in the provider’s duty of care. Breach is proven by showing that your provider fell below the duty of care of a reasonable doctor in same or similar circumstances (for example, no reasonable surgeon completes a procedure by carving initials into a patient so in the above case, breach must have been easy to prove). If you can show that the breach caused the injury and that the injury is compensable, you can recover for medical malpractice. But to do all that, you will need a lawyer. Consult With Counsel Medical malpractice cases are unusually complex and you will need help. This is not the kind of case to try to handle on your own. But do not worry. Many personal injury and medical malpractice attorneys consult for free or a minimal fee and will be happy to talk to you about your case. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) First Steps in a Medical Malractice Case (FindLaw’s Learn About the Law) State Law Summaries: Medical Malpractice and Reform (FindLaw’s Learn About the Law) Medical Malpractice In-Depth (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/03/what-is-patient-harm-an... via Blogger hobbsr04.blogspot.com/2016/03/whats-patient-harm-and-who-...

via Flickr http://www.flickr.com/photos/87814799@N02/25433453853

What's 'Patient Harm' and Who Sues for It?

Patient harm is exactly what it sounds like: an injury to a person in a medical context. Hospitals and health care providers are legally obligated to report these incidents to state regulatory agencies, but there have been some very serious cases of patient harm that administrators did not report or did but made the harm seem more mild.

So, not only were patients hurt in the hospital but health care administrators broke the rules of reporting. In some cases of severe patient harm, hospitals reported that an incident occurred but omitted critical details that reveal the extent of the harm. Let’s take a look at a sample case and your options as a patient who has been harmed.

Case in Point

One particularly egregious case arose in New York in 2000. A patient woke up from surgery to find her doctor’s initials carved on her body. The hospital reported the incident to the state health department but left out that critical detail about the carved initials, characterizing the incident in such a way as to make it seem less insane, as that was truly unusual behavior for a surgeon.

The woman whose stomach Dr. Allan Zarkin carved his initials onto was also a doctor, so she had no doubts that what happened was wrong. Dr. Gedz — the patient in this case — sued the hospital, the doctor who had since been fired, and his private practice for $5.5 million in a civil lawsuit, charging that ”severe, permanent and devastating personal injuries” were ”caused by the carelessness, negligence and medical malpractice of the defendants.”

Were You Harmed?

When a patient is harmed by a health care provider, a medical malpractice suit is an option. Medical malpractice is simply a negligence claim arising in the medical context.

To prove medical malpractice you must show that you were injured by your healthcare provider and that your injury arose from a breach in the provider’s duty of care. Breach is proven by showing that your provider fell below the duty of care of a reasonable doctor in same or similar circumstances (for example, no reasonable surgeon completes a procedure by carving initials into a patient so in the above case, breach must have been easy to prove).

If you can show that the breach caused the injury and that the injury is compensable, you can recover for medical malpractice. But to do all that, you will need a lawyer.

Consult With Counsel

Medical malpractice cases are unusually complex and you will need help. This is not the kind of case to try to handle on your own. But do not worry. Many personal injury and medical malpractice attorneys consult for free or a minimal fee and will be happy to talk to you about your case.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• First Steps in a Medical Malractice Case (FindLaw’s Learn About the Law)
• State Law Summaries: Medical Malpractice and Reform (FindLaw’s Learn About the Law)
• Medical Malpractice In-Depth (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/03/what-is-patient-harm-and-can-you-sue-for-it.html

Can I Get Workers' Comp for a Business Trip Injury?

via Tumblr hobbsr04.tumblr.com/post/141632477712 You were sent to attend a convention for work and you got hurt setting up the company booth. On the flight, your back cramped up and the pain won’t go away. So now you’re curious — will workers compensation pay for this injury? Breathe easy. The answer is probably yes, most likely, although each state does have its own statutes and every case has its own unique deciding details. But the first key to a successful workers compensation claim is that the injury is work-related. Let’s look at the basics. Work-Related Injury Of course there can be situations that don’t merit workers’ compensation, like you go on a business trip that ends in a visit to the Alps in Switzerland, where you break your leg jumping off a ski lift. In that case, your injury — while ostensibly stemming from a business trip — is not work-related. If, however, you really do hurt yourself putting together the company booth at a convention your boss sent you to, and you acquire all the appropriate administrative and medical documentation, you should receive workers’ compensation. It is insurance for injuries caused by work and available in every state. Yet each state has its own rules and they don’t all compensate the same injuries or have precisely the same processes. Making a Claim The process for making a workers’ compensation claim is designed to be relatively straightforward so that any worker may file without assistance. But the same could be said for taxes and we all know how easy tax forms can be! Theoretically, you should be able to go to your state’s workers’ compensation website and access the resources to begin the process independently. One goal of the system is to minimize employee lawsuits. As such, workers’ compensation requires documentation of injury and its relationship to work without requiring proof of fault like in a lawsuit. But that doesn’t rule out any possibility of a lawsuit from a work-related injury. For example, if you’re injured during business hours at work, whether on a trip or in the office, and the equipment you used was defective or malfunctioned you might have a basis for a lawsuit against the manufacturer. Talk to a Lawyer Many people do hire attorneys to help them with workers’ compensation claims for precisely the reason we get assistance with our taxes. The language of administration can be difficult for those without the specific training. Don’t wait until a claim has been denied before getting counsel. Consulting with an attorney at any stage can provide you with invaluable insight. Related Resources: Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) Can You Get Workers’ Compensation for Anxiety? (FindLaw’s Injured) Can You Get Workers’ Compensation for an Injury During a Commute? (FindLaw’s Injured) Workers’ Compensation Reform: Can It Affect Your Claim (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/03/can-i-get-workers-comp-... via Blogger hobbsr04.blogspot.com/2016/03/can-i-get-workers-comp-for-...

via Flickr http://www.flickr.com/photos/87814799@N02/25743653380

Can I Get Workers' Comp for a Business Trip Injury?

You were sent to attend a convention for work and you got hurt setting up the company booth. On the flight, your back cramped up and the pain won’t go away. So now you’re curious — will workers compensation pay for this injury?

Breathe easy. The answer is probably yes, most likely, although each state does have its own statutes and every case has its own unique deciding details. But the first key to a successful workers compensation claim is that the injury is work-related. Let’s look at the basics.

Work-Related Injury

Of course there can be situations that don’t merit workers’ compensation, like you go on a business trip that ends in a visit to the Alps in Switzerland, where you break your leg jumping off a ski lift. In that case, your injury — while ostensibly stemming from a business trip — is not work-related.

If, however, you really do hurt yourself putting together the company booth at a convention your boss sent you to, and you acquire all the appropriate administrative and medical documentation, you should receive workers’ compensation. It is insurance for injuries caused by work and available in every state. Yet each state has its own rules and they don’t all compensate the same injuries or have precisely the same processes.

Making a Claim

The process for making a workers’ compensation claim is designed to be relatively straightforward so that any worker may file without assistance. But the same could be said for taxes and we all know how easy tax forms can be!

Theoretically, you should be able to go to your state’s workers’ compensation website and access the resources to begin the process independently. One goal of the system is to minimize employee lawsuits. As such, workers’ compensation requires documentation of injury and its relationship to work without requiring proof of fault like in a lawsuit.

But that doesn’t rule out any possibility of a lawsuit from a work-related injury. For example, if you’re injured during business hours at work, whether on a trip or in the office, and the equipment you used was defective or malfunctioned you might have a basis for a lawsuit against the manufacturer.

Talk to a Lawyer

Many people do hire attorneys to help them with workers’ compensation claims for precisely the reason we get assistance with our taxes. The language of administration can be difficult for those without the specific training. Don’t wait until a claim has been denied before getting counsel. Consulting with an attorney at any stage can provide you with invaluable insight.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• Can You Get Workers’ Compensation for Anxiety? (FindLaw’s Injured)
• Can You Get Workers’ Compensation for an Injury During a Commute? (FindLaw’s Injured)
• Workers’ Compensation Reform: Can It Affect Your Claim (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/03/can-i-get-workers-comp-for-a-business-trip-injury.html

Top Legal Tips for Birth Defects Lawsuits

via Tumblr hobbsr04.tumblr.com/post/141618199102 We all want our children to be happy and healthy, but sadly some children are born with birth defects or birth injuries. And while some may be genetic or random chance, some birth defects can be caused by medication, the environment, or even a virus. Some birth injuries can be caused my the negligence of doctors, nurses, or other medical personnel. If a child’s birth defect or injury is the fault of another person or product, parents may consider suing the person or company responsible. Here are some legal tips for birth defects lawsuits: 1. Birth Injury Lawsuits: Do You Have a Case? Without being a lawyer, it may be difficult to know whether you have a valid legal claim or not. And birth defect and birth injury lawsuits can be some of the most complicated to understand. This article will give you a broad overview of birth injury lawsuits, including an explanation of the elements of a negligence case: Duty: That a doctor, nurse, or hospital had a duty to care for you and your baby; Breach: That medical personnel breached this duty by not providing the established standard of care; Causation: That this breach is what caused harm to your baby; and Damages: That your baby was injured. 2. When Can You Sue for Drug-Related Birth Defects? As with any lawsuit, there are time limits for bringing a birth defect lawsuit. The statute of limitations for birth defect cases may vary depending on where you live and the type of lawsuit you are filing. For example, the statute of limitations for a medical malpractice claim (filed against a doctor, hospital, or medical staff for negligence) is generally much shorter than the statute of limitations for a product liability claim (filed against a drug manufacturer for producing a harmful drug). 3. New Zofran Lawsuits for Birth Defects Sadly, many birth defects have been caused by drugs prescribed to help expecting mothers. Zofran (also marketed as Zuplenz or its generic ondansetron) was designed for preventing nausea and vomiting in cancer patients undergoing chemotherapy but has also been prescribed by some doctors to pregnant women to treat morning sickness. While the drug had been tested on pregnant animals, it had not been tested on humans, and the drug’s manufacturer, GlaxoSmithKline, pled guilty to pushing the drug to doctors and is currently being sued for not providing adequate warnings to pregnant women about the possible side effects. If your child was born with a birth defect or was injured during birth, and you are considering a lawsuit, you should consult with an experienced injury attorney near you. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Most Common Terms in a Personal Injury Lawsuit (FindLaw’s Injured) When to Sue for Formaldehyde Injuries (FindLaw’s Injured) Legal Liability for the Zika Virus (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/03/top-legal-tips-for-birt... via Blogger hobbsr04.blogspot.com/2016/03/top-legal-tips-for-birth-de...

via Flickr http://www.flickr.com/photos/87814799@N02/25944290941

Top Legal Tips for Birth Defects Lawsuits

We all want our children to be happy and healthy, but sadly some children are born with birth defects or birth injuries. And while some may be genetic or random chance, some birth defects can be caused by medication, the environment, or even a virus. Some birth injuries can be caused my the negligence of doctors, nurses, or other medical personnel.

If a child’s birth defect or injury is the fault of another person or product, parents may consider suing the person or company responsible. Here are some legal tips for birth defects lawsuits:

1. Birth Injury Lawsuits: Do You Have a Case?

Without being a lawyer, it may be difficult to know whether you have a valid legal claim or not. And birth defect and birth injury lawsuits can be some of the most complicated to understand. This article will give you a broad overview of birth injury lawsuits, including an explanation of the elements of a negligence case:

• Duty: That a doctor, nurse, or hospital had a duty to care for you and your baby;
• Breach: That medical personnel breached this duty by not providing the established standard of care;
• Causation: That this breach is what caused harm to your baby; and
• Damages: That your baby was injured.

2. When Can You Sue for Drug-Related Birth Defects?

As with any lawsuit, there are time limits for bringing a birth defect lawsuit. The statute of limitations for birth defect cases may vary depending on where you live and the type of lawsuit you are filing. For example, the statute of limitations for a medical malpractice claim (filed against a doctor, hospital, or medical staff for negligence) is generally much shorter than the statute of limitations for a product liability claim (filed against a drug manufacturer for producing a harmful drug).

3. New Zofran Lawsuits for Birth Defects

Sadly, many birth defects have been caused by drugs prescribed to help expecting mothers. Zofran (also marketed as Zuplenz or its generic ondansetron) was designed for preventing nausea and vomiting in cancer patients undergoing chemotherapy but has also been prescribed by some doctors to pregnant women to treat morning sickness.

While the drug had been tested on pregnant animals, it had not been tested on humans, and the drug’s manufacturer, GlaxoSmithKline, pled guilty to pushing the drug to doctors and is currently being sued for not providing adequate warnings to pregnant women about the possible side effects.

If your child was born with a birth defect or was injured during birth, and you are considering a lawsuit, you should consult with an experienced injury attorney near you.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Most Common Terms in a Personal Injury Lawsuit (FindLaw’s Injured)
• When to Sue for Formaldehyde Injuries (FindLaw’s Injured)
• Legal Liability for the Zika Virus (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/03/top-legal-tips-for-birth-defects-lawsuits.html

Proving You're Not at Fault in a Car Accident

via Tumblr hobbsr04.tumblr.com/post/141568223762 You go into a fender bender, or rather, someone bent their fender on your car. Even though you are sure you’re not at fault, the insurance companies seem less certain. How can that be? What do you need to do to prove you did not cause the crash? Laws vary from state to state and fault determinations in most car accidents are based on motor vehicle statutes, so it’s impossible to address your situation specifically without more details. But we can generally examine the law, auto insurance, and the factors that go into deciding who is at fault after an accident. State Statutes Liability insurance is required of all automobile owners in all 50 states. That means that most car accidents, especially those that do not result in serious injury, are resolved between insurance companies. The auto insurance industry had lobbied state legislatures to base car accident liability on motor vehicle statutes, as opposed to common law principles of fault. This allows insurers to more easily challenge liability and fault after accidents where there was a traffic law violation or when a driver is not insured. As such, you must look up the law in your state to determine what it says precisely about the allocation of blame and liability. For example, if there is evidence that you failed to signal a lane change and that’s how the other driver ended up crashed into the back of your car, that will impact fault. Laying Blame Say the other driver involved in the accident points out that you didn’t signal. The motor vehicle law in your state likely requires you to indicate a lane change and your failure to do so can be enough to shift all blame to you. But that doesn’t mean it’s the end and now you’ll be paying for the accident. If you are dealing with an insurer, you can provide evidence that you are not at fault because something else was happening on the road that necessitated the very quick lane change, for example. Generally speaking when dealing with insurers, you don’t need to have the kind of evidence required in civil litigation. But it does not hurt to have a police report or witness information or photographs, some record of what happened on the road. And of course some accidents end up resolved through negligence suits. Talk to a Lawyer Some cases are best handled in court and not by insurers, especially when injury is very severe or damages extensive. If you were injured in a car accident and you want to find out more about negligence litigation, speak to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to discuss your claim. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Car Insurance Claims Dos and Don’ts (FindLaw’s Learn About the Law) Get Legal Help With a Motor Vehicle Accident (FindLaw’s Learn About the Law) After a Car Accident: First Steps (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/03/how-to-prove-you-are-no... via Blogger hobbsr04.blogspot.com/2016/03/proving-youre-not-at-fault-...

via Flickr http://www.flickr.com/photos/87814799@N02/25920358661

Proving You're Not at Fault in a Car Accident

You go into a fender bender, or rather, someone bent their fender on your car. Even though you are sure you’re not at fault, the insurance companies seem less certain. How can that be? What do you need to do to prove you did not cause the crash?

Laws vary from state to state and fault determinations in most car accidents are based on motor vehicle statutes, so it’s impossible to address your situation specifically without more details. But we can generally examine the law, auto insurance, and the factors that go into deciding who is at fault after an accident.

State Statutes

Liability insurance is required of all automobile owners in all 50 states. That means that most car accidents, especially those that do not result in serious injury, are resolved between insurance companies.

The auto insurance industry had lobbied state legislatures to base car accident liability on motor vehicle statutes, as opposed to common law principles of fault. This allows insurers to more easily challenge liability and fault after accidents where there was a traffic law violation or when a driver is not insured.

As such, you must look up the law in your state to determine what it says precisely about the allocation of blame and liability. For example, if there is evidence that you failed to signal a lane change and that’s how the other driver ended up crashed into the back of your car, that will impact fault.

Laying Blame

Say the other driver involved in the accident points out that you didn’t signal. The motor vehicle law in your state likely requires you to indicate a lane change and your failure to do so can be enough to shift all blame to you.

But that doesn’t mean it’s the end and now you’ll be paying for the accident. If you are dealing with an insurer, you can provide evidence that you are not at fault because something else was happening on the road that necessitated the very quick lane change, for example.

Generally speaking when dealing with insurers, you don’t need to have the kind of evidence required in civil litigation. But it does not hurt to have a police report or witness information or photographs, some record of what happened on the road. And of course some accidents end up resolved through negligence suits.

Talk to a Lawyer

Some cases are best handled in court and not by insurers, especially when injury is very severe or damages extensive. If you were injured in a car accident and you want to find out more about negligence litigation, speak to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to discuss your claim.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Car Insurance Claims Dos and Don’ts (FindLaw’s Learn About the Law)
• Get Legal Help With a Motor Vehicle Accident (FindLaw’s Learn About the Law)
• After a Car Accident: First Steps (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/03/how-to-prove-you-are-not-at-fault-in-a-car-accident.html