5 Questions to Ask Your Car Accident Lawyer

via Tumblr hobbsr04.tumblr.com/post/143603387257 If you’re involved in a serious car accident, one of the biggest decisions you’ll make is hiring the right lawyer. But how do you find out which lawyer is right for your case? Online reviews and personal referrals are a great start, but you’ll have to meet with a car accident attorney before you hire one. And here are a few essentials questions you’ll need the answers to: 1. How Much Experience Do You Have? There are two types of legal experience: (1) the time an attorney has spent practicing, and (2) the amount of similar cases he or she has handled. Ideally, you want someone who has spent a long time handling serious car accident claims. Even if a friend of a friend has 20 years experience, if it’s in divorce law, they might not be able to help much. The more familiar an attorney is with your specific type of claim, the better he or she will be able to represent you. 2. What Are Your Fess? The first questions most people have are how they’re going to pay for an attorney and how much their case will cost. Attorney fee structures can vary, and some personal injury attorneys will work on a contingency fee basis, meaning they only get paid if you win your case and receive a percentage of any damages you get. Most consultations are free, and all attorneys should provide you with a clear and accurate fee agreement before any representation begins. 3. What Do You Think of My Case? This is a broad question, it’s impossible to predict an exact result of your case, and lawyers are prohibited from guaranteeing a certain outcome. Still, an experienced attorney should be able to discuss the results of cases similar to yours and the relative merits or faults of your case. You will also get a good indication of the legal proceedings and time that will be involved. 4. How Do You Communicate With Clients? While your lawyer doesn’t need to be at your every beck and call, few things are more frustrating than an absent attorney. Find out how your prospective attorney prefers to communicate with her clients (email, in-person meetings, or phone calls) and try to get a sense of how often. You need to know that they will be timely in getting back to you. 5. What’s My Comfort Level With You? Yes, it’s a question for yourself, and you can only answer it after meeting with an attorney, but it might be the most important one. You need to assess how comfortable you feel with a prospective attorney and how confident you feel that they will represent your interests. You’re entrusting them with your car accident claim, so you want someone that you feel comfortable with personally and professionally. If you’ve been injured in a car accident, you should consult with an attorney immediately, and be ready with the right questions. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Top 7 Car Accident Liability Questions (FindLaw’s Injured) Proving You’re Not at Fault in a Car Accident (FindLaw’s Injured) 3 Mistakes That Can Ruin Your Car Accident Lawsuit (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/04/5-questions-to-ask-your... via Blogger hobbsr04.blogspot.com/2016/04/5-questions-to-ask-your-car...

via Flickr http://www.flickr.com/photos/87814799@N02/26112966794

5 Questions to Ask Your Car Accident Lawyer

If you’re involved in a serious car accident, one of the biggest decisions you’ll make is hiring the right lawyer. But how do you find out which lawyer is right for your case?

Online reviews and personal referrals are a great start, but you’ll have to meet with a car accident attorney before you hire one. And here are a few essentials questions you’ll need the answers to:

1. How Much Experience Do You Have?

There are two types of legal experience: (1) the time an attorney has spent practicing, and (2) the amount of similar cases he or she has handled. Ideally, you want someone who has spent a long time handling serious car accident claims. Even if a friend of a friend has 20 years experience, if it’s in divorce law, they might not be able to help much. The more familiar an attorney is with your specific type of claim, the better he or she will be able to represent you.

2. What Are Your Fess?

The first questions most people have are how they’re going to pay for an attorney and how much their case will cost. Attorney fee structures can vary, and some personal injury attorneys will work on a contingency fee basis, meaning they only get paid if you win your case and receive a percentage of any damages you get. Most consultations are free, and all attorneys should provide you with a clear and accurate fee agreement before any representation begins.

3. What Do You Think of My Case?

This is a broad question, it’s impossible to predict an exact result of your case, and lawyers are prohibited from guaranteeing a certain outcome. Still, an experienced attorney should be able to discuss the results of cases similar to yours and the relative merits or faults of your case. You will also get a good indication of the legal proceedings and time that will be involved.

4. How Do You Communicate With Clients?

While your lawyer doesn’t need to be at your every beck and call, few things are more frustrating than an absent attorney. Find out how your prospective attorney prefers to communicate with her clients (email, in-person meetings, or phone calls) and try to get a sense of how often. You need to know that they will be timely in getting back to you.

5. What’s My Comfort Level With You?

Yes, it’s a question for yourself, and you can only answer it after meeting with an attorney, but it might be the most important one. You need to assess how comfortable you feel with a prospective attorney and how confident you feel that they will represent your interests. You’re entrusting them with your car accident claim, so you want someone that you feel comfortable with personally and professionally.

If you’ve been injured in a car accident, you should consult with an attorney immediately, and be ready with the right questions.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Top 7 Car Accident Liability Questions (FindLaw’s Injured)
• Proving You’re Not at Fault in a Car Accident (FindLaw’s Injured)
• 3 Mistakes That Can Ruin Your Car Accident Lawsuit (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/04/5-questions-to-ask-your-car-accident-lawyer.html

Types of Nursing Home Abuse

via Tumblr hobbsr04.tumblr.com/post/143597791767 The youngest and oldest among us are vulnerable and exposed to abuse more than most other populations. But elderly people are exposed to some added abuse dangers that children do not face. Elder abuse is unfortunately common and it happens for many reasons. Being in nursing homes and in the hands of professional caregivers increases the risk of mistreatment. Plus, older people are much more likely to face financial exploitation. This is what to look out for. Emotional Abuse It can be difficult to be patient with old people and emotional abuse of the elderly does happen with some regularity. Even in loving families, caring for another person is very trying and nerves wear thin. This is all the more true for people working in institutions with lots of people under their care. Watch out for signs of threats, intimidation, harassment, bullying, and insults. If you have family in a nursing home and your relative is scared of the caregivers, this might be a sign of abuse. Sexual Abuse Old people can be sexually active and consensual sex is of course not a problem. But there are situations in which people are unable to express consent or lack thereof and sexual abuses of elderly people do occur. If you see signs of unusual behavior, fear, or physical marks indicating the possibility of unwanted touching, do inquire. Follow up with the institution. People too weak to care for themselves need the rest of us to be extra vigilant in their defense. Neglect and Abandonment Many families entrust the care of their elders to one family member and this is relatively comfortable for the rest of the family, so they do not scrutinize too closely or make demands from the guardian. This is not the right approach. Neglect and abandonment by designated or appointed caregivers does happen, all the more so if they are left entirely alone to manage grandma and grandpa. Take the time to check in and check out what is happening. Financial Exploitation The elderly are unlike other vulnerable populations in that they are more likely to have income and assets than, say, children. This means that they are also commonly the targets of cons and scams, or even overly assertive relatives. If your elders have a guardian of some kind managing their assets, make sure that there is also someone watching the guardian too. Keep an eye on nursing home accounts and expenditures and follow up on seemingly strange billing practices. Talk to a Lawyer If you’re concerned about an already injured elder being treated negligently or about setting up elder care that is safe for the future, consult with a personal injury attorney or an elder law attorney. Many attorneys consult for free or a minimal fee and will be happy to discuss your situation. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Find an Elder Law Attorney Near You (FindLaw’s Learn About the Law) What Does an Elder Law Attorney Do? (FindLaw’s Learn About the Law) Caring for Aging Parents Overview (FindLaw’s learn About the Law) Seniors, Money and Property (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/04/types-of-nursing-home-a... via Blogger hobbsr04.blogspot.com/2016/04/types-of-nursing-home-abuse...

via Flickr http://www.flickr.com/photos/87814799@N02/26445247080

Types of Nursing Home Abuse

The youngest and oldest among us are vulnerable and exposed to abuse more than most other populations. But elderly people are exposed to some added abuse dangers that children do not face.

Elder abuse is unfortunately common and it happens for many reasons. Being in nursing homes and in the hands of professional caregivers increases the risk of mistreatment. Plus, older people are much more likely to face financial exploitation. This is what to look out for.

Emotional Abuse

It can be difficult to be patient with old people and emotional abuse of the elderly does happen with some regularity. Even in loving families, caring for another person is very trying and nerves wear thin. This is all the more true for people working in institutions with lots of people under their care. Watch out for signs of threats, intimidation, harassment, bullying, and insults. If you have family in a nursing home and your relative is scared of the caregivers, this might be a sign of abuse.

Sexual Abuse

Old people can be sexually active and consensual sex is of course not a problem. But there are situations in which people are unable to express consent or lack thereof and sexual abuses of elderly people do occur. If you see signs of unusual behavior, fear, or physical marks indicating the possibility of unwanted touching, do inquire. Follow up with the institution. People too weak to care for themselves need the rest of us to be extra vigilant in their defense.

Neglect and Abandonment

Many families entrust the care of their elders to one family member and this is relatively comfortable for the rest of the family, so they do not scrutinize too closely or make demands from the guardian. This is not the right approach. Neglect and abandonment by designated or appointed caregivers does happen, all the more so if they are left entirely alone to manage grandma and grandpa. Take the time to check in and check out what is happening.

Financial Exploitation

The elderly are unlike other vulnerable populations in that they are more likely to have income and assets than, say, children. This means that they are also commonly the targets of cons and scams, or even overly assertive relatives. If your elders have a guardian of some kind managing their assets, make sure that there is also someone watching the guardian too. Keep an eye on nursing home accounts and expenditures and follow up on seemingly strange billing practices.

Talk to a Lawyer

If you're concerned about an already injured elder being treated negligently or about setting up elder care that is safe for the future, consult with a personal injury attorney or an elder law attorney. Many attorneys consult for free or a minimal fee and will be happy to discuss your situation.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Find an Elder Law Attorney Near You (FindLaw's Learn About the Law)
• What Does an Elder Law Attorney Do? (FindLaw's Learn About the Law)
• Caring for Aging Parents Overview (FindLaw's learn About the Law)
• Seniors, Money and Property (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/04/types-of-nursing-home-abuse.html

FDA Warns Pregnant Women of Miscarriage Risk Linked to Diflucan Yeast Infection Med

via Tumblr hobbsr04.tumblr.com/post/143591964432 Women who are pregnant or trying to get pregnant are warned by The Food and Drug Administration that the oral prescription drug Diflucan (also known as fluconazole), which is used to treat yeast infections, has been linked to increased risk of miscarriages. The warning is based on findings from a Danish study. But the agency is evaluating the study for now and says the increased risk is only a possibility. It has not reached conclusions. Diflucan Warning “FDA is also reviewing additional data and will communicate final conclusions and recommendations when the review is complete,” the agency stated. Currently Diflucan labels do not include warnings about abnormalities associated with ingestion of the yeast infection treatment in small doses. But the Swedish study suggests otherwise and the FDA may yet revise its conclusions. For now, the agency states, “Patients who are pregnant or actively trying to get pregnant should talk to their health care professionals about alternative treatment options for yeast infections.” It should be noted that the agency indicates an awareness of an increased risk of miscarriage with high doses of the drug Diflucan already. This, coupled with the Danish study, seems to suggest that an alternative treatment is advisable whatever the agency ultimately concludes. Luckily, alternatives do exist. Alternative Treatments The alarming thing about this alert is that yeast infections are especially likely to occur in pregnant women, which means that the potentially at-risk group has higher chances of taking the potentially dangerous drug. Lauren Streicher, M.D., an associate professor of clinical obstetrics and gynecology at Northwestern University Feinberg School of Medicine, spoke to Self about the FDA warning. She recommends visiting a doctor to confirm infection and to seek appropriate treatment. She also points out that yeast infections are often misdiagnosed when people decide to treat themselves topically without seeing a doctor. While the FDA is only urging caution against Diflucan, Wider recommends steering clear of other oral medications to treat yeast infections to be safe. Injured? If you were injured due to your use of a medication or other product, talk to a lawyer. Many attorneys consult for free or a minimal fee and will be happy to discuss your situation. Related Resources: Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury) Pregnant Woman Tased, Sues for Miscarriage (FindLaw’s Injured) Murder Charges for Inducing Ex-Girlfriend to Miscarry (FindLaw Blotter) FDA: Recall Types (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/04/fda-warns-pregnant-wome... via Blogger hobbsr04.blogspot.com/2016/04/fda-warns-pregnant-women-of...

via Flickr http://www.flickr.com/photos/87814799@N02/26715855945

FDA Warns Pregnant Women of Miscarriage Risk Linked to Diflucan Yeast Infection Med

Women who are pregnant or trying to get pregnant are warned by The Food and Drug Administration that the oral prescription drug Diflucan (also known as fluconazole), which is used to treat yeast infections, has been linked to increased risk of miscarriages. The warning is based on findings from a Danish study.

But the agency is evaluating the study for now and says the increased risk is only a possibility. It has not reached conclusions.

Diflucan Warning

"FDA is also reviewing additional data and will communicate final conclusions and recommendations when the review is complete," the agency stated. Currently Diflucan labels do not include warnings about abnormalities associated with ingestion of the yeast infection treatment in small doses.

But the Swedish study suggests otherwise and the FDA may yet revise its conclusions. For now, the agency states, "Patients who are pregnant or actively trying to get pregnant should talk to their health care professionals about alternative treatment options for yeast infections."

It should be noted that the agency indicates an awareness of an increased risk of miscarriage with high doses of the drug Diflucan already. This, coupled with the Danish study, seems to suggest that an alternative treatment is advisable whatever the agency ultimately concludes. Luckily, alternatives do exist.

Alternative Treatments

The alarming thing about this alert is that yeast infections are especially likely to occur in pregnant women, which means that the potentially at-risk group has higher chances of taking the potentially dangerous drug.

Lauren Streicher, M.D., an associate professor of clinical obstetrics and gynecology at Northwestern University Feinberg School of Medicine, spoke to Self about the FDA warning. She recommends visiting a doctor to confirm infection and to seek appropriate treatment. She also points out that yeast infections are often misdiagnosed when people decide to treat themselves topically without seeing a doctor. While the FDA is only urging caution against Diflucan, Wider recommends steering clear of other oral medications to treat yeast infections to be safe.

Injured?

If you were injured due to your use of a medication or other product, talk to a lawyer. Many attorneys consult for free or a minimal fee and will be happy to discuss your situation.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• Pregnant Woman Tased, Sues for Miscarriage (FindLaw's Injured)
• Murder Charges for Inducing Ex-Girlfriend to Miscarry (FindLaw Blotter)
• FDA: Recall Types (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/04/fda-warns-pregnant-women-of-miscarriage-risk-linked-to-diflucan-yeast-infection-med.html

Top 7 Tips to Prepare for Your Personal Injury Lawsuit

via Tumblr hobbsr04.tumblr.com/post/143544786137 Even if you know who’s at fault for your accident, you might not sue right away. While there are time limits to bringing a lawsuit, it can also take time to put a case together. And there are some things you can do in between your accident and filing your lawsuit that can be crucial for your injury claim. Here are the best ways to prepare for your personal injury lawsuit: 1. 3 Mistakes That Can Ruin Your Car Accident Lawsuit Sometimes the right thing to do is to not do something wrong. Like fibbing about what happened, getting carried away on social media, or forgetting about the statute of limitations (or not knowing what that is). 2. 5 Things to Consider When Suing a Restaurant You don’t want to file a frivolous claim, and you don’t want to file before doing some homework. You’ll need to know exactly who to file you claim against and you might need a good idea about what specifically caused your injuries. 3. 7 Tips When Suing a Retail Store for Injuries Every lawsuit is unique, and every defendant is different. So suing a store — over a bad product, a slip-and-fall, or to enforce a warranty — isn’t the same as suing over a car accident or food poisoning. 4. 5 Things You Should Bring to a Personal Injury Consultation If you’re filing a lawsuit you’ll want the help of a lawyer, and in order to hire one you’ll have to brief him or her on your case. Know what information and evidence they’ll need. 5. 7 Tips to Help Prepare for Your Deposition A deposition is like a pre-trial interview, only anything you say can be used during the trial. The stakes are high, so make sure you’re well prepared. 6. Top 7 Tips for Settlement Talks Not every case makes it to trial, and some sides will want to talk about a settlement even before a claim is filed. Think of it as a less combative way to get compensated for your injuries. 7. Choosing the Right Personal Injury Lawyer This is the biggest thing you can do right for your lawsuit. Find an advocate whom you trust and who is competent in the field of your injury. If you’ve been injured and are thinking of filing a personal injury lawsuit, consulting with an experienced attorney about your case should be your first step. Related Resources: Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury) How Do Free Consultations Work in Personal Injury Cases? (FindLaw’s Injured) 3 Tips to Prepare for a Car Accident Claim (FindLaw’s Injured) 7 Tips to Prepare for Your Injury Lawsuit (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/04/top-7-tips-to-prepare-f... via Blogger hobbsr04.blogspot.com/2016/04/top-7-tips-to-prepare-for-y...

via Flickr http://www.flickr.com/photos/87814799@N02/26095533893

Top 7 Tips to Prepare for Your Personal Injury Lawsuit

Even if you know who’s at fault for your accident, you might not sue right away. While there are time limits to bringing a lawsuit, it can also take time to put a case together. And there are some things you can do in between your accident and filing your lawsuit that can be crucial for your injury claim.

Here are the best ways to prepare for your personal injury lawsuit:

1. 3 Mistakes That Can Ruin Your Car Accident Lawsuit

Sometimes the right thing to do is to not do something wrong. Like fibbing about what happened, getting carried away on social media, or forgetting about the statute of limitations (or not knowing what that is).

2. 5 Things to Consider When Suing a Restaurant

You don’t want to file a frivolous claim, and you don’t want to file before doing some homework. You’ll need to know exactly who to file you claim against and you might need a good idea about what specifically caused your injuries.

3. 7 Tips When Suing a Retail Store for Injuries

Every lawsuit is unique, and every defendant is different. So suing a store — over a bad product, a slip-and-fall, or to enforce a warranty — isn’t the same as suing over a car accident or food poisoning.

4. 5 Things You Should Bring to a Personal Injury Consultation

If you’re filing a lawsuit you’ll want the help of a lawyer, and in order to hire one you’ll have to brief him or her on your case. Know what information and evidence they’ll need.

5. 7 Tips to Help Prepare for Your Deposition

A deposition is like a pre-trial interview, only anything you say can be used during the trial. The stakes are high, so make sure you’re well prepared.

6. Top 7 Tips for Settlement Talks

Not every case makes it to trial, and some sides will want to talk about a settlement even before a claim is filed. Think of it as a less combative way to get compensated for your injuries.

7. Choosing the Right Personal Injury Lawyer

This is the biggest thing you can do right for your lawsuit. Find an advocate whom you trust and who is competent in the field of your injury.

If you’ve been injured and are thinking of filing a personal injury lawsuit, consulting with an experienced attorney about your case should be your first step.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• How Do Free Consultations Work in Personal Injury Cases? (FindLaw’s Injured)
• 3 Tips to Prepare for a Car Accident Claim (FindLaw’s Injured)
• 7 Tips to Prepare for Your Injury Lawsuit (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/04/top-7-tips-to-prepare-for-your-personal-injury-lawsuit.html

New Fast Food Harm Found: Can You Sue?

via Tumblr hobbsr04.tumblr.com/post/143506592022 You probably already know by now that fast food is not healthy and that you shouldn’t live off the stuff because even if it doesn’t kill you, it will increase your chances of obesity. But now researchers have discovered another disconcerting angle on this type of food, which is that the preparation process itself seems to have harmful effects on consumers. So, can you sue McDonald’s? Well, probably not but we’ll get to that momentarily. First, the findings. Fast Food Woes According to The Washington Post, researchers at George Washington University linked fast-food consumption to the presence of potentially harmful chemicals in people, chemicals that in other non-consumable products have been linked to “a number of adverse health outcomes, including higher rates of infertility, especially among males.” The study was published in the National Institute of Health’s journal Environmental Health Perspectives, and it could have major public health implications. Researcher in this study defined fast food as anything that was consumed at or from a restaurant without wait staff. They found that one-third of the 9,000 participants ate fast food before a urine sample was taken, which is in line with national figures on consumption. What the urine samples revealed was that participants who ate fast food within 24 hours of giving a sample had high levels of two different phthalates. Sound okay? Well, wait. According to the National Library of Medicine, phthalates are a family of chemicals used to soften and increase the flexibility of plastic and vinyl. The problem is that there is little known about what precisely these chemicals do to people, particularly not at the elevated levels discovered in recent consumers of fast food. Recent studies have found that these chemicals increase the risk of allergies in kids and affect child behavior. So, Can You Sue? There have been attempts to sue fast food companies and predictions that this is “the next tobacco.” The basis for claims has generally been failure to warn of the dangers associated with excessive consumption made by obese plaintiffs. But many states have statutes barring such suits, and it is unlikely that the new information can be used to make a claim. The connection between fast food, phthalates, and illness is “striking” according to Ami Zota, an assistant professor of environmental and occupational health at George Washington University. Injured? If you have been injured by a product or in an accident, talk to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case. Related Resources: Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury) NLRB: McDonald’s Franchisees Retaliated After Fast-Food Strikes (FindLaw’s Free Enterprise) Can You Get Workers’ Compensation for Obesity? (FindLaw’s Injured) Elements of a Negligence Case (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/04/fast-food-process-found... via Blogger hobbsr04.blogspot.com/2016/04/new-fast-food-harm-found-ca...

via Flickr http://www.flickr.com/photos/87814799@N02/26412303700

New Fast Food Harm Found: Can You Sue?

You probably already know by now that fast food is not healthy and that you shouldn’t live off the stuff because even if it doesn’t kill you, it will increase your chances of obesity. But now researchers have discovered another disconcerting angle on this type of food, which is that the preparation process itself seems to have harmful effects on consumers.

So, can you sue McDonald’s? Well, probably not but we’ll get to that momentarily. First, the findings.

Fast Food Woes

According to The Washington Post, researchers at George Washington University linked fast-food consumption to the presence of potentially harmful chemicals in people, chemicals that in other non-consumable products have been linked to “a number of adverse health outcomes, including higher rates of infertility, especially among males.”

The study was published in the National Institute of Health’s journal Environmental Health Perspectives, and it could have major public health implications. Researcher in this study defined fast food as anything that was consumed at or from a restaurant without wait staff. They found that one-third of the 9,000 participants ate fast food before a urine sample was taken, which is in line with national figures on consumption.

What the urine samples revealed was that participants who ate fast food within 24 hours of giving a sample had high levels of two different phthalates. Sound okay? Well, wait.

According to the National Library of Medicine, phthalates are a family of chemicals used to soften and increase the flexibility of plastic and vinyl. The problem is that there is little known about what precisely these chemicals do to people, particularly not at the elevated levels discovered in recent consumers of fast food. Recent studies have found that these chemicals increase the risk of allergies in kids and affect child behavior.

So, Can You Sue?

There have been attempts to sue fast food companies and predictions that this is “the next tobacco.” The basis for claims has generally been failure to warn of the dangers associated with excessive consumption made by obese plaintiffs.

But many states have statutes barring such suits, and it is unlikely that the new information can be used to make a claim. The connection between fast food, phthalates, and illness is “striking” according to Ami Zota, an assistant professor of environmental and occupational health at George Washington University.

Injured?

If you have been injured by a product or in an accident, talk to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• NLRB: McDonald’s Franchisees Retaliated After Fast-Food Strikes (FindLaw’s Free Enterprise)
• Can You Get Workers’ Compensation for Obesity? (FindLaw’s Injured)
• Elements of a Negligence Case (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/04/fast-food-process-found-harmful-can-you-sue.html

IVC Blood Clot Filter Problems and FAQs

via Tumblr hobbsr04.tumblr.com/post/143499261372 If you suffer from a high risk of blood clotting due to surgery or an accident, an inferior vena cava filter or IVC filter can save your life. But in most cases, IVC filters are only supposed to be temporary fixes: the Food and Drug Administration has repeatedly warned of the risks associated with IVC filters and documented hundreds of adverse health events due to leaving IVC filters in long after they are needed. Some of these injuries have led to lawsuits, so here’s what you need to know about IVC filters and your legal options: Who Had the Implant? IVC filters are designed for patients at risk for blood clots in the lungs, known as pulmonary embolisms, and are used when anticoagulant therapy is unavailable or ineffective. Most patients with IVC filters are older, averaging 54 years old, with 54 percent of IVC patients being male and 47 percent female. Why Was the Filter Implanted? The FDA describes IVC filters as “small, cage-like devices that are inserted into the inferior vena cava to capture blood clots and prevent them from reaching the lungs.” Patients can have an increased risk of blood clots for a variety of reasons: 21.9 percent had an increased blood clot risk due to surgery; 15.9 percent had an increased risk due to accident; 15.6 percent were genetically predisposed more frequent blood clots; and 36.1 percent of patients had some other reason for needing an IVC filter. Who Had Complications With the Implant? Of all patients who had an IVC filter, 38.5 percent suffered some injury or complication due to the implant, usually because the IVC filters were not removed soon enough. This would result in filters fracturing or splintering, migrating to other areas of the body, or becoming stuck or tilted. Some injuries were relatively minor, but other IVC filter complications led to perforated tissue or organs. What Can I Do? Blood clot filter injuries could happen due to a defective device or a doctor’s decision. If you or a loved one suffered complications after having an IVC filter implanted to treat blood clots, the Blood Clot Treatment IVC Lawsuit Center can help. Related Resources: Injured by IVC blood clot filters? Get your claim reviewed by an attorney for free. (Consumer Injury) Can I Sue for Blood Clot Filter Injuries? (FindLaw’s Injured) How Dangerous Are Blood Clot Filters? (FindLaw’s Injured) Defective Medical Devices (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/04/ivc-blood-clot-filter-p... via Blogger hobbsr04.blogspot.com/2016/04/ivc-blood-clot-filter-probl...

via Flickr http://www.flickr.com/photos/87814799@N02/26410238120

IVC Blood Clot Filter Problems and FAQs

If you suffer from a high risk of blood clotting due to surgery or an accident, an inferior vena cava filter or IVC filter can save your life. But in most cases, IVC filters are only supposed to be temporary fixes: the Food and Drug Administration has repeatedly warned of the risks associated with IVC filters and documented hundreds of adverse health events due to leaving IVC filters in long after they are needed.

Some of these injuries have led to lawsuits, so here’s what you need to know about IVC filters and your legal options:

Who Had the Implant?

IVC filters are designed for patients at risk for blood clots in the lungs, known as pulmonary embolisms, and are used when anticoagulant therapy is unavailable or ineffective. Most patients with IVC filters are older, averaging 54 years old, with 54 percent of IVC patients being male and 47 percent female.

Why Was the Filter Implanted?

The FDA describes IVC filters as “small, cage-like devices that are inserted into the inferior vena cava to capture blood clots and prevent them from reaching the lungs.” Patients can have an increased risk of blood clots for a variety of reasons:

• 21.9 percent had an increased blood clot risk due to surgery;
• 15.9 percent had an increased risk due to accident;
• 15.6 percent were genetically predisposed more frequent blood clots; and
• 36.1 percent of patients had some other reason for needing an IVC filter.

Who Had Complications With the Implant?

Of all patients who had an IVC filter, 38.5 percent suffered some injury or complication due to the implant, usually because the IVC filters were not removed soon enough. This would result in filters fracturing or splintering, migrating to other areas of the body, or becoming stuck or tilted. Some injuries were relatively minor, but other IVC filter complications led to perforated tissue or organs.

What Can I Do?

Blood clot filter injuries could happen due to a defective device or a doctor’s decision. If you or a loved one suffered complications after having an IVC filter implanted to treat blood clots, the Blood Clot Treatment IVC Lawsuit Center can help.

Related Resources:

• Injured by IVC blood clot filters? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Can I Sue for Blood Clot Filter Injuries? (FindLaw’s Injured)
• How Dangerous Are Blood Clot Filters? (FindLaw’s Injured)
• Defective Medical Devices (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/04/ivc-blood-clot-filter-problems-and-faqs.html

Can You Get Workers' Comp If You Fail a Drug Test?

via Tumblr hobbsr04.tumblr.com/post/143431428622 Workers’ compensation insurance is in place to make sure employees get paid if they get hurt on the job. While this coverage can include a wide range of injuries and scenarios, it doesn’t quite cover every injury just because it happened at work or while you were working. And it may not cover you if you fail a drug test. Here’s what you need to know: Not Quite No-Fault The most important question in a workers’ comp claim is whether or not the injury was “work-related.” But that doesn’t mean it’s the only question. Workers’ compensation coverage doesn’t always apply regardless of who was at fault for the accident. Compensation can be denied if: The injuries were self-inflicted; The employee was violating a law or company policy; The employee was not on the job at the time of the injury; or The employee sustains injures as a result of intoxication or illegal drug use. States or employers can impose drug and alcohol tests on and injured employee, and can deny workers’ compensation benefits if tests show the employee was under the influence at the time of the accident. Testing, Testing There are some rules to the drug testing, and what it can mean, however. An employer should have and disseminate a written policy regarding drug testing beforehand, and provide any emergency medical care that is necessary, regardless of the test results. That said, tests should be administered as soon as possible after the accident and sent to a reputable lab for analysis. And if you fail the drug test, your employer may still have to prove that the accident was your fault or was related to your drug use — state laws can vary depending on the insurance system. But you should be aware that your employer might be able to fire you for legal drug use, and can almost certainly fire you for (federally) illegal drug use. If you’re thinking of filing a workers’ compensation claim, or have had your claim denied for any reason, you should talk to an experienced workers’ comp attorney near you. Related Resources: Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) Workers’ Comp Benefits Explained (FindLaw’s Learn About the Law) Can You Be Fired for Taking Legal Drugs? (FindLaw’s Law and Daily Life) Are Drug Companies Liable for Side Effects? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/04/workers-comp-faq.html via Blogger hobbsr04.blogspot.com/2016/04/can-you-get-workers-comp-if...

via Flickr http://www.flickr.com/photos/87814799@N02/26632083306

Can You Get Workers' Comp If You Fail a Drug Test?

Workers’ compensation insurance is in place to make sure employees get paid if they get hurt on the job. While this coverage can include a wide range of injuries and scenarios, it doesn’t quite cover every injury just because it happened at work or while you were working.

And it may not cover you if you fail a drug test. Here’s what you need to know:

Not Quite No-Fault

The most important question in a workers’ comp claim is whether or not the injury was “work-related.” But that doesn’t mean it’s the only question. Workers’ compensation coverage doesn’t always apply regardless of who was at fault for the accident. Compensation can be denied if:

• The injuries were self-inflicted;
• The employee was violating a law or company policy;
• The employee was not on the job at the time of the injury; or
• The employee sustains injures as a result of intoxication or illegal drug use.

States or employers can impose drug and alcohol tests on and injured employee, and can deny workers’ compensation benefits if tests show the employee was under the influence at the time of the accident.

Testing, Testing

There are some rules to the drug testing, and what it can mean, however. An employer should have and disseminate a written policy regarding drug testing beforehand, and provide any emergency medical care that is necessary, regardless of the test results. That said, tests should be administered as soon as possible after the accident and sent to a reputable lab for analysis.

And if you fail the drug test, your employer may still have to prove that the accident was your fault or was related to your drug use — state laws can vary depending on the insurance system. But you should be aware that your employer might be able to fire you for legal drug use, and can almost certainly fire you for (federally) illegal drug use.

If you’re thinking of filing a workers’ compensation claim, or have had your claim denied for any reason, you should talk to an experienced workers’ comp attorney near you.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• Workers’ Comp Benefits Explained (FindLaw’s Learn About the Law)
• Can You Be Fired for Taking Legal Drugs? (FindLaw’s Law and Daily Life)
• Are Drug Companies Liable for Side Effects? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/04/workers-comp-faq.html

How Much Can a Passenger Recover After a Car Accident?

via Tumblr hobbsr04.tumblr.com/post/143404153627 You’re injured in a car accident and it is clearly not your fault because you were not behind the wheel but merely an unfortunate passenger. Can you recover any money? How much? Do you sue someone or go through insurance? The answers to these questions will depend in part on state statutes — each locale has its own laws governing car accidents, insurance coverage, and negligence lawsuits. Additional major factors are the severity of the accident and extent of injury. Let’s look at who might be liable when you’re injured as a passenger. Ride Along As a third-party claimant injured while riding, you may be able to recover your medical expenses and more from any or all drivers to the extent of their coverage and depending on how or if fault is determined. Some states have no-fault laws requiring drivers to carry injury coverage in the case of accidents and fault may not be a consideration. But if you are related to the driver, then you likely cannot claim as a third party and that may impact the process for recovering expenses. It might also impede your ability to recover altogether. Much will depend on the details of applicable laws, the accident, and the drivers’ insurance policies, so generalizations are difficult to make. Still, you should certainly inquire into making a third-party claim with the insurers of however many drivers were involved in the accident and attempt to recover to the extent that coverage allows. Suing for Negligence In very severe injury cases an insurance claim will not cover all of the damages. This is when you should sue for recovery. If you cannot work anymore or were out of work for a long while and are looking at a lifetime of medical care due to the negligence of another, a negligence claim may indeed be appropriate and successful. How much you can get depends on your actual damages and to some extent who the defendants are. Cases cannot be assessed in the abstract. Talk to a Lawyer If you’ve been injured in an accident, whether as a driver or passenger, talk to a lawyer. Tell your story and find out if you have a claim. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case. Related Resources: Injured in a car 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) After a Car Accident: First Steps (FindLaw’s Learn About the Law) Liability: Proving Fault in a Car Crash (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/04/how-much-can-a-passenge... via Blogger hobbsr04.blogspot.com/2016/04/how-much-can-passenger-reco...

via Flickr http://www.flickr.com/photos/87814799@N02/26648109755

How Much Can a Passenger Recover After a Car Accident?

You’re injured in a car accident and it is clearly not your fault because you were not behind the wheel but merely an unfortunate passenger. Can you recover any money? How much? Do you sue someone or go through insurance?

The answers to these questions will depend in part on state statutes — each locale has its own laws governing car accidents, insurance coverage, and negligence lawsuits. Additional major factors are the severity of the accident and extent of injury. Let’s look at who might be liable when you’re injured as a passenger.

Ride Along

As a third-party claimant injured while riding, you may be able to recover your medical expenses and more from any or all drivers to the extent of their coverage and depending on how or if fault is determined. Some states have no-fault laws requiring drivers to carry injury coverage in the case of accidents and fault may not be a consideration.

But if you are related to the driver, then you likely cannot claim as a third party and that may impact the process for recovering expenses. It might also impede your ability to recover altogether.

Much will depend on the details of applicable laws, the accident, and the drivers’ insurance policies, so generalizations are difficult to make. Still, you should certainly inquire into making a third-party claim with the insurers of however many drivers were involved in the accident and attempt to recover to the extent that coverage allows.

Suing for Negligence

In very severe injury cases an insurance claim will not cover all of the damages. This is when you should sue for recovery. If you cannot work anymore or were out of work for a long while and are looking at a lifetime of medical care due to the negligence of another, a negligence claim may indeed be appropriate and successful.

How much you can get depends on your actual damages and to some extent who the defendants are. Cases cannot be assessed in the abstract.

Talk to a Lawyer

If you’ve been injured in an accident, whether as a driver or passenger, talk to a lawyer. Tell your story and find out if you have a claim. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

• Injured in a car 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)
• After a Car Accident: First Steps (FindLaw’s Learn About the Law)
• Liability: Proving Fault in a Car Crash (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/04/how-much-can-a-passenger-recover-after-a-car-accident.html

Johnson & Johnson Hit With Another Baby Powder Cancer Lawsuit

via Tumblr hobbsr04.tumblr.com/post/143376421672 Just months after a jury ordered the company to pay $72 million to a woman’s family after her death from ovarian cancer was linked to its talcum powder-based products, Johnson & Johnson is being sued again. A Los Angeles man filed a wrongful death claim on behalf of his wife, claiming her fatal ovarian cancer was also due to using Johnson & Johnson products. This is on top of around 1,200 lawsuits in Missouri and New Jersey that have been filed against the company, accusing it of failing to warn consumers of known cancer risks. An “Obvious” Cancer Risk Soren Threadgill claims his wife, Eva Maria, purchased Johnson & Johnson talc-based products like Johnson’s Baby Powder and Shower to Shower at Los Angeles-area Rite Aid and Gelson’s stores, and used the products for feminine hygiene for 25 years. She was diagnosed with ovarian cancer in 1998 and passed away in 2012. Threadgill’s lawsuit claims the company knew about the cancer risk from its talcum powder-based products and failed to pull the products off the shelves or warn consumers. According to the filing, the Cancer Prevention Coalition notified Johnson & Johnson’s CEO that studies showed using talcum powder in the genital area posed “a serious risk of ovarian cancer” in 1994 – four years before Eva Maria’s diagnosis. And according to the AP, a 1997 internal memo from a Johnson & Johnson medical consultant said “anybody who denies” the risk of using hygienic talc and ovarian cancer is “denying the obvious in the face of all evidence to the contrary.” Sound Science and Adequate Warnings Johnson & Johnson has yet to respond to the latest lawsuit, but the company said the previous $72 million judgment went against “decades of sound science proving the safety of talc as a cosmetic ingredient in multiple products.” Meanwhile, the International Agency for Research on Cancer (IARC) classifies the genital use of talc-based body powder as “possibly carcinogenic to humans.” Companies like Johnson & Johnson can be held liable for failing to warn customers regarding known risks of their products. If you think you’ve been sickened by Johnson & Johnson products, you should contact an experienced personal injury attorney today. Related Resources: Injured by talcum powder-based product? Get your claim reviewed by an attorney for free. (Consumer Injury) Man Sues Johnson & Johnson For His Wife’s Death After Suffering Cancer (CBS LA) J&J Power Morcellators Pulled Amid Cancer Fears (FindLaw’s Injured) Injuries and Product Liability: Do You Have a Case? (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/04/johnson-johnson-hit-wit... via Blogger hobbsr04.blogspot.com/2016/04/johnson-johnson-hit-with-an...

via Flickr http://www.flickr.com/photos/87814799@N02/26364662480

Johnson & Johnson Hit With Another Baby Powder Cancer Lawsuit

Just months after a jury ordered the company to pay $72 million to a woman's family after her death from ovarian cancer was linked to its talcum powder-based products, Johnson & Johnson is being sued again. A Los Angeles man filed a wrongful death claim on behalf of his wife, claiming her fatal ovarian cancer was also due to using Johnson & Johnson products.

This is on top of around 1,200 lawsuits in Missouri and New Jersey that have been filed against the company, accusing it of failing to warn consumers of known cancer risks.

An "Obvious" Cancer Risk

Soren Threadgill claims his wife, Eva Maria, purchased Johnson & Johnson talc-based products like Johnson's Baby Powder and Shower to Shower at Los Angeles-area Rite Aid and Gelson's stores, and used the products for feminine hygiene for 25 years. She was diagnosed with ovarian cancer in 1998 and passed away in 2012.

Threadgill's lawsuit claims the company knew about the cancer risk from its talcum powder-based products and failed to pull the products off the shelves or warn consumers. According to the filing, the Cancer Prevention Coalition notified Johnson & Johnson's CEO that studies showed using talcum powder in the genital area posed "a serious risk of ovarian cancer" in 1994 -- four years before Eva Maria's diagnosis. And according to the AP, a 1997 internal memo from a Johnson & Johnson medical consultant said "anybody who denies" the risk of using hygienic talc and ovarian cancer is "denying the obvious in the face of all evidence to the contrary."

Sound Science and Adequate Warnings

Johnson & Johnson has yet to respond to the latest lawsuit, but the company said the previous $72 million judgment went against "decades of sound science proving the safety of talc as a cosmetic ingredient in multiple products." Meanwhile, the International Agency for Research on Cancer (IARC) classifies the genital use of talc-based body powder as "possibly carcinogenic to humans."

Companies like Johnson & Johnson can be held liable for failing to warn customers regarding known risks of their products. If you think you've been sickened by Johnson & Johnson products, you should contact an experienced personal injury attorney today.

Related Resources:

• Injured by talcum powder-based product? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Man Sues Johnson & Johnson For His Wife's Death After Suffering Cancer (CBS LA)
• J&J Power Morcellators Pulled Amid Cancer Fears (FindLaw's Injured)
• Injuries and Product Liability: Do You Have a Case? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/04/johnson-johnson-hit-with-another-baby-powder-cancer-lawsuit.html

Can You Sue for a Damaged Credit Rating?

via Tumblr hobbsr04.tumblr.com/post/143242715637 Your credit rating, if it’s good, is an asset and can be more valuable than tangible things you own. That number represents your reliability as a borrower and will impact your ability to obtain financing, so if someone damages your credit — particularly a time when you’re seeking financing of some kind — they cause you a kind of financial injury that may be compensable after a lawsuit. Winning a damaged credit claim is not easy. But it can be done and people have won these cases. So let’s take a look at a sample case to get an idea of how you make this claim and what you have to show. A Successful Example A California businessman, Alan Sporn, successfully sued Home Depot in 2002 for damage to his credit, which occurred after an identity theft. The thief tried to establish a line of credit at the store, CreditCards.com reports. Although Sporn was in contact with the store and explained that he was not seeking credit, the company ignored his warnings about the identity thief. At the same time that was happening, Sporn was seeking financing for a property purchase. His credit rating was tanking due to the constant inquiries by the thief, and the store’s failure to act on what Sporn said. Home Depot ended up paying Sporn $1.3 million after a lawsuit for negligence. But be warned. Sporn’s case was rejected by a few attorneys before he found someone sufficiently creative to figure out what to claim and how to prove his case. The lawyer had to quantify the damage to Sporn and that wasn’t easy, figuring out what the financial injury was worth. Negligence Explained To win a damaged credit claim you must show that the company or person you were dealing with owed you a duty of care and breached that duty. If in breaching that duty, the defendant caused you a harm and you prove what it’s worth, you will be awarded. The difficult thing to figure out in damaged credit cases is how to quantify the harm. It is one thing to argue that a credit rating is worth money and another to prove just how much it is worth in a particular set of circumstances. If Sporn was not seeking a mortgage while Home Depot was ignoring the fact that a thief was damaging his credit, he may not have recovered, for example. Talk to a Lawyer If your credit rating was damaged due to someone else’s action, consult with an attorney … or even a few. As Sporn’s case above shows, not all lawyers will see things the same way, nor are all equally creative. But many attorneys consult for free or a minimal fee and will be happy to talk about your situation. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) What’s Your FICO Small Business Score? (FindLaw’s Free Enterprise) Checking the Credit Information of Job Applicants (FindLaw’s Learn About the Law) How to Get a Judgment Removed From Your Credit Report (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/04/can-you-sue-for-a-damag... via Blogger hobbsr04.blogspot.com/2016/04/can-you-sue-for-damaged-cre...

via Flickr http://www.flickr.com/photos/87814799@N02/26312270310

Can You Sue for a Damaged Credit Rating?

Your credit rating, if it’s good, is an asset and can be more valuable than tangible things you own. That number represents your reliability as a borrower and will impact your ability to obtain financing, so if someone damages your credit — particularly a time when you’re seeking financing of some kind — they cause you a kind of financial injury that may be compensable after a lawsuit.

Winning a damaged credit claim is not easy. But it can be done and people have won these cases. So let’s take a look at a sample case to get an idea of how you make this claim and what you have to show.

A Successful Example

A California businessman, Alan Sporn, successfully sued Home Depot in 2002 for damage to his credit, which occurred after an identity theft. The thief tried to establish a line of credit at the store, CreditCards.com reports. Although Sporn was in contact with the store and explained that he was not seeking credit, the company ignored his warnings about the identity thief.

At the same time that was happening, Sporn was seeking financing for a property purchase. His credit rating was tanking due to the constant inquiries by the thief, and the store’s failure to act on what Sporn said. Home Depot ended up paying Sporn $1.3 million after a lawsuit for negligence.

But be warned. Sporn’s case was rejected by a few attorneys before he found someone sufficiently creative to figure out what to claim and how to prove his case. The lawyer had to quantify the damage to Sporn and that wasn’t easy, figuring out what the financial injury was worth.

Negligence Explained

To win a damaged credit claim you must show that the company or person you were dealing with owed you a duty of care and breached that duty. If in breaching that duty, the defendant caused you a harm and you prove what it’s worth, you will be awarded.

The difficult thing to figure out in damaged credit cases is how to quantify the harm. It is one thing to argue that a credit rating is worth money and another to prove just how much it is worth in a particular set of circumstances. If Sporn was not seeking a mortgage while Home Depot was ignoring the fact that a thief was damaging his credit, he may not have recovered, for example.

Talk to a Lawyer

If your credit rating was damaged due to someone else’s action, consult with an attorney … or even a few. As Sporn’s case above shows, not all lawyers will see things the same way, nor are all equally creative. But many attorneys consult for free or a minimal fee and will be happy to talk about your situation.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• What’s Your FICO Small Business Score? (FindLaw’s Free Enterprise)
• Checking the Credit Information of Job Applicants (FindLaw’s Learn About the Law)
• How to Get a Judgment Removed From Your Credit Report (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/04/can-you-sue-for-a-damaged-credit-rating.html