Timeline for Your Workers' Compensation Claim

If your first thought after a work injury isn't, "When can I get back to work," it's probably, "When can I get paid for getting injured at work." Missing work is tough, especially if you're missing paychecks, too.

If you got injured on the job, you probably know you can file a workers' compensation insurance claim. But how long is that going to take? While all cases are unique, here's a quick look at what to expect from your workers' comp claim.

Your Steps

The timeline for your workers' compensation claim begins at your injury, and there are some steps you'll want to take immediately to ensure your claim is reviewed and completed as quickly as possible. First, take care of yourself and seek any necessary medical attention, even if you're worried you can't afford it. Most states require employers or their insurance company to pay for an injured employee's medical bills as soon as they file a claim. So you do not have to wait until your claim is approved to receive compensation for medical costs.

Second, report the injury to your employer, and, if possible, report the injury in writing and keep a copy of the report for personal records. Your employer is then required to offer you a claim form immediately. Make sure the claim form is filled out completely and specifically and that you file it as soon as possible. You should also keep a copy of your completed claim form for your records as well.

Employer and Insurer Steps

Once your employer receives your claim form, it is their responsibility to immediately notify their insurance company and arrange medical assistance and compensation for you. Your employer may also be required to complete and file a wage verification form with the insurer within a certain amount of time after your claim or compensation form.

After receiving your claim, the insurer generally has 30 days to either accept or deny your claim and notify you of its decision. (Be aware this time limit can vary by state.) If your claim is approved, the insurer must start paying out benefits soon after. If your claim is denied, you can request a hearing to review the decision. There is a time limit on the request for a hearing, normally around 60 days after you received notice of denial. A hearing date will then be set, usually within 30 days of your request. After the hearing, the hearing officer normally has 15 days to make a final decision.

If you need help filing a workers' comp claim, or if your claim has been denied, you may want to contact a local workers' comp attorney for advice.

Related Resources:

• Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
• How Long Do I Have to Be Employed to Get Workers' Comp? (FindLaw's Injured)
• How Long Will Workers' Compensation Benefits Last? (FindLaw's Injured)
• When Is It Too Late to Sue for Injury? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/10/timeline-for-your-workers-compensation-claim.html

How Does SSDI Impact an Injury Lawsuit?

If you are on SSDI and are considering filing a lawsuit or pursuing an injury claim, you may be concerned about how a settlement or court award could impact your receipt of benefits. Social Security Disability Insurance is a federal program designed to assist disabled individuals that are unable to work by providing those individuals with an income source.

While SSDI will want to know if you have received wages, the general rule is that an injury settlement or court award for an injury case are not wages, UNLESS a portion of that award is meant to compensate you specifically for lost wages. Also, it should be noted that if you receive punitive or exemplary damages, or any interest on the award, these may also be concerned as unearned income.

Can SSDI Affect Your Settlement?

While your SSDI is generally safe from loss as a result of an injury settlement or court award, your settlement or award may be less than you might expect because of your SSDI. Often, injury plaintiffs are disappointed when they find out that their cases are not as highly valued as they expected. Many times, a case’s high value lies in the plaintiff’s status as a high-wage earner. If someone who makes $1,000,000 per year misses one day of work because of the injury, that one day of lost wages could be worth at least $2,700 or more. If that person misses ten days, that can add $27,000 to their case.

If you are on SSDI, there will be no wage loss to recover because SSDI covers your wages, and therefore, any settlement may feel a little bit lower than you might have expected.

Don’t Confuse SSI With SSDI

It is important to not confuse SSI with SSDI. Supplmental Security Income (SSI) is a need-based federal program that provides disabled and elderly individuals with income to supplemental SSDI or regular social security benefits. Any income or monies a person receives can have an impact on a recipient of SSI benefits. It is highly advisable for a recipient of SSI to seek the advice of an attorney regarding how to handle settlement or court award money as SSI benefits can be easily lost if a person receives a lump sum.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• If You Can’t Get Workers’ Comp, Can You Get SSDI? (FindLaw’s Injured)
• 5 Things a Personal Injury Lawyer Can Do (That You Probably Can’t) (FindLaw’s Injured)
• Personal Injury Lawyer Dropped Your Case? Now What? (FindLaw’s Injured)
• When to Sue a Pediatrician for Malpractice (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/10/how-does-ssdi-impact-an-injury-lawsuit.html

Driver Liability for Cell Phone Related Car Accident

How an accident happens will largely determine who is ultimately held liable. If the at fault driver was found to have caused the accident while talking or texting, they will likely have more difficulty defending their case, and they may potentially face additional penalties. Nearly every state has laws on distracted driving, and most include some limitations on the use of cell phones by drivers.

Regardless of whether you have an ear piece, integrated Bluetooth, or speakerphone system, if you are talking or texting on a cell phone while driving, an officer or other party can claim that you were driving while distracted. According to the most recent report by the NHTSA, one in ten on the road fatalities involved distraction.

Accidents While Phoning or Texting

If a driver is found to be at fault for an accident, then they can also be found liable for the injuries and property damage they caused. While a majority of auto accident cases settle out of court, the facts concerning how the crash happened are relevant to establishing the injured party's case for damages. When a jury is asked to decide an auto accident injury case, they will usually be tasked with deciding two primary issues:

1. Whether the defendant caused the injuries and damages.
2. How much money should be awarded to the plaintiff for suffering the injuries and damages.

In most jurisdictions, if both parties are considered to be partly at fault, or fault is uncertain, the party that is found to be more than 50% at fault, generally is the party held responsible for the damages. If a party was on the phone when the accident occurred, they may be found some percentage (comparatively) at fault. In states like California, if a driver is found to be 25% at fault, any award they receive will be reduced by their percentage of fault.

Rear-Ended While Talking on the Phone

There are some auto-accident cases where it won't matter if the victim was on the phone or texting. If you are stopped at a red light, and you get rear-ended while texting or talking on the phone, it is highly unlikely that your texting or talking had anything to do with causing the accident. In this sort of a situation, your phone use, while still potentially against the law, generally cannot be used to attack liability.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• What's More Dangerous Than Texting and Driving? (FindLaw's Injured)
• 1 in 4 Car Crashes Involves Cell Phone Use: Report (FindLaw's Injured)
• Is Apple Liable for Distracted Driving Accidents? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/10/driver-liability-for-cell-phone-related-car-accident.html

Personal Injury Lawyer Dropped Your Case? Now What?

It happens all too often. A person hires a lawyer right after an accident, then months later when the medical treatment is all done, the lawyer they hired decides they no longer want the case. Don’t read into it too much. Some lawyers only handle cases if they are of a certain value or above. So unless your lawyer has ceased communicating with you, there are a few steps you can take to make sure your case can be smoothly transitioned over to a new attorney.

However, if your lawyer has ceased communicating with you, it might be a good idea to get a new lawyer, and have your new lawyer attempt to connect with the old lawyer. On rare occasion, lawyers get sick, die, or just plainly go missing without warning, just like any other human being. The most important thing is to find out your statute of limitations date, because if you don’t file a lawsuit by that date, your claim will expire.

1. Ask Your Old Attorney to Delay Withdrawing Until You Find a New Attorney

Attorneys will often recommend that you find a new attorney before they formally withdraw from representation, even when there has been a breakdown in the attorney-client relationship involving anger and animosity. Attorneys are generally agreeable to this arrangement because it will avoid injuring a client’s case. If you are firing your attorney, however, this request will likely not go over well.

2. Figure Out Your Lien Situation

Personal injury cases, if handled on a contingency basis (which they typically are), may have lien provisions included in the attorney fee agreement. When an attorney drops your case, if your contract had one of these provisions, you need to get a letter from the attorney clearly stating whether they have a lien, or not, and if so, for how much. A lien is a typical contract term in a contingency fee contract that allows an attorney to place a claim for payment on your case, and requiring that they be paid from any eventual settlement or judgment issued in the case for the work they did on your case.

When an attorney drops a case, they usually do not assert a lien, unless they have expended a significant amount of money or time on the case. Even then, some attorneys will release their liens in order to make it easier for a client to retain a new attorney, as a second attorney may be hesitant to take a case that has a lien attached to it. However, any new attorney will likely ask and want to know about liens before formally accepting representation.

3. Find and Hire a New Attorney

Don’t delay. The longer you wait to find a new attorney, the less time the new attorney will have to prepare your case. FindLaw has a personal injury lawyer directory that you can browse for free to find an experienced injury attorney in your area.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• 5 Controversial Medical Treatments Still Used Today (FindLaw’s Injured)
• Chemical Spill in Kansas Hospitalizes Over 100 People (FindLaw’s Injured)
• Is Apple Liable for Distracted Driving Accidents? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/10/personal-injury-lawyer-dropped-your-case-now-what.html

When to Sue a Pediatrician for Malpractice

There are fewer malpractice claims against pediatricians than any other specialty, according to a recent study. But that same study concluded that a higher percentage of pediatric claims went to trial. Perhaps that's because, pediatricians are tasked with providing medical care for our children, and their mistakes, though few, can be especially tragic.

Here's what you need to know about pediatric care and the possibility of medical malpractice lawsuits.

Malpractice Elements

Doctors, like anyone else, can be held liable for injuries they cause. And while state laws may vary, most medical malpractice lawsuits are premised on four main elements:

• Duty: Pediatricians owe their patients a duty of care, to diagnose and treat ailments to the same ability of other pediatricians.
• Breach: They can breach that duty by failing to meet the standard of care, such as by misdiagnosing or mistreating their child patients.
• Causation: A child patient can be injured as the result of a pediatrician's breach of duty, and in court they must prove these injuries were the fault of the pediatrician, and not something else, and that the pediatrician could or should have foreseen those injuries.
• Damages: The child patient's injuries, like medical expenses, emotional distress, or other harm must be compensable by money damages in order to recover in court.

If all of these elements are found, you likely have a strong claim for pediatric malpractice, though proving each element of a case can be complicated.

Pediatrician Malpractice Claims

A pediatrician could be liable for medical malpractice for failing to diagnose an illness or medical issue, for misdiagnosing an ailment, or for prescribing the wrong treatment.

Pediatricians could also be held liable for the negligent prescription of a medication or medical devices if they ignored the manufacturer's instructions, or prescribe an incorrect medication or dosage.

To find out if you can sue a pediatrician for malpractice, you may want to consult an experienced personal injury attorney.

Related Resources:

• Does your child have an injury claim? Get matched with a local attorney. (Consumer Injury)
• 5 Signs You May Need a Medical Malpractice Attorney (FindLaw's Injured)
• Top Reasons Doctors Get Sued for Malpractice (FindLaw's Injured)
• Should Doctors Have to Tell Patients If They're on Probation? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/10/when-to-sue-a-pediatrician-for-malpractice.html

Sandy Hook Victims' Families' Lawsuit Dismissed Against Gun Maker

Recently, a Connecticut judge dismissed the lawsuit brought by the families of the victims of the Sandy Hook massacre against the gun manufacturer of the weapon used for the killings. Pursuant to a 2005 act signed into law by George W. Bush, the Protection of Lawful Commerce of Arms Act (PLCAA), the case was dismissed as the judge ruled the gun manufacturer could not be held liable.

Under the PLCAA, a gun manufacturer or dealer cannot be held liable for how a gun is used if the gun was sold legally. The families of the victims based their lawsuit on a theory of negligent entrustment, which is one of the few exceptions to the PLCAA.

Gun Manufacturers and Dealers Are Immune

The PLCAA protects gun manufacturers and dealers from liability for how their guns are used so long as the sale of the weapon was lawful. In the Sandy Hook case, the shooter did not purchase the weapon, but rather obtained it from his mother, whom he killed. As such, making the argument that the dealer was negligent by entrusting the weapon to the killer just does not work as neither dealer, nor manufacturer, had any interaction with the actual killer. The judge in the matter also explained that the 2005 PLCAA intended to give gun dealers and manufacturers broad immunity.

A Never-Ending Battle

The attorney for the families has pledged to file an appeal and continue fighting. While the fight may seem futile, especially given the PLCAA broad protections for gun dealers and manufacturers, the attorneys and victims’ families believe very strongly that the gun manufacturer should be held liable. As part of their negligent entrustment theory, they claimed that the manufacturer and dealer were negligent by entrusting anyone with the weapon as it is designed to kill people. The manufacturer denies that claim, and convinced a court that the PLCAA prevents them from being liable at all.

As a counterpoint, gun groups view this lawsuit very differently. They point out that the AR-15 rifle, which was the one used in Sandy Hook, is one of the most common rifles sold in America, and that it is not an automatic assault rifle, despite the aggressive, militarized look. Additionally, pro-gun groups argue that the PLCAA protections are reasonable, and that the person who pulls the trigger, not the company that makes the trigger, should be liable.

Related Resources:

• Injured by a gun? Get matched with a local attorney. (Consumer Injury)
• Chemical Spill in Kansas Hospitalizes Over 100 People (FindLaw’s Injured)
• When to Sue a Chiropractor for Injury (FindLaw’s Injured)
• Is Apple Liable for Distracted Driving Accidents? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/10/sandy-hook-victims-families-lawsuit-dismissed-against-gun-maker.html

5 Controversial Medical Treatments Still Used Today

It's easy to look back at medieval medical practices and wonder how they ever thought it would work. Theories about the four bodily humors may seem quaint in retrospect, but given the way medical knowledge and technology evolves, it's almost certain future generations will look back at medicine in our time and similarly wonder what we were thinking.

So which controversial medical treatments are still in practice? Here's a look at a few.

1. Removing Part of the Skull to Relieve Pressure in the Brain

As WebMD notes, a craniectomy for patients suffering from brain swelling can save a person's life, but also leave them permanently disabled. A recent study found that the procedure "can drastically reduce risk of death, with about 30 percent of patients dying following the procedure compared to 52 percent of those treated with standard medical care," but at the same time, "people treated with a craniectomy were three times more likely to wind up in a vegetative state ... and often were as likely to suffer long-term disabilities as patients receiving standard medical care."

2. Chiropractic Treatments

It's a running theme -- among non-chiropractors of course -- that chiropractors aren't medical doctors. And as a recent Pain Science article noted, "The concepts of chiropractic are not based on solid science and its therapeutic value has not been demonstrated beyond reasonable doubt." Which is not to say chiropractic treatments don't work, just that their scientific basis hasn't been established.

3. Electroshock Therapy

Ernest Hemingway blamed it for his memory loss and diminishing writing ability late in his life. According to Live Science, "Today, the therapy is safer, because patients receive anesthesia and electricity doses are much more controlled ... Still, the treatment can impair short-term memory and, in rare cases, cause heart problems."

4. Leech Therapy

If you thought doctors stopped applying leeches to patients in the dark ages, think again. Heathline notes that leech therapy is making a comeback, treating "nervous system abnormalities, dental problems, skin diseases, and infections." Even Demi Moore thinks so.

5. Maggot Therapy

Battlefield surgeons first started to notice that injured soldiers would heal more quickly in the field if flies laid eggs in their wounds. Later studies revealed that fly larvae "secrete digestive enzymes that can dissolve the wound's dead and infected tissue, a process known as debridement." Even though the FDA cleared maggots for medical use in 2004, it doesn't sound all that appealing.

If you have been injured by a medical procedure, you may be able to seek compensation through a medical malpractice claim. Contact a personal injury lawyer today to find out if you have a case.

Related Resources:

• Have an injury claim? Get matched with a local attorney. (Consumer Injury)
• 5 Signs You May Need a Medical Malpractice Attorney (FindLaw's Injured)
• Should Doctors Have to Tell Patients If They're on Probation? (FindLaw's Injured)
• Can You Sue a Doctor for Lying? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/10/5-controversial-medical-treatments-still-used-today.html

Chemical Spill in Kansas Hospitalizes Over 100 People

Last week, a Kansas-based manufacturer of food and beverage products accidently released a toxic chemical gas, a mixture of sodium hypocholorite and sulfuric acid, which sent over 100 people to the hospital. Fortunately, of the 125 people who sought medical attention, only two required an overnight stay in the hospital.

MGP Ingredients, which was responsible for the spill, explained that the gas spill had dissipated after only a few hours. Additionally, the company has reported the incident to the EPA and plans to fully cooperate with the investigation. The company is also taking additional measures to avoid any future spills by engaging outside experts to investigate and assess the situation.

How a Gas Spill Leads to Hospitalization

While large gas spills are not everyday news, it is not an uncommon occurrence for people to be hospitalized for exposure to toxic gases. Most commonly it is due to carbon monoxide, which nearly everyone has been warned that it is the silent killer.

Unfortunately, when a large gas spill happens near populated areas, individuals in the surrounding areas can have their health impacted. Usually, it is just for a short duration and only effects people within a certain radius from the spill. When the air that people breath has its chemical concentration changed, people can begin to notice problems, such as:

• Shortness of breath
• Light-headedness or dizziness
• Headache
• Nausea

The symptoms can vary from severe to mild, from person to person, and in type or duration. For instance, a person with asthma, or another respiratory condition, will likely be more severely affected than someone without a respiratory condition.

Can a Company Be Held Liable for a Chemical Gas Spill?

When a toxic gas spill occurs, manufacturers can not only be held liable to the public for violations of anti-pollution laws, but can also be held liable to individuals who were injured, and/or affected, on a negligence theory. Since public gas spills tend to be atmospheric, meaning that a company released gas outside and not inside their buildings or buildings own by others, people generally are not severely affected. Nevertheless, companies can still be held liable for injuries or damages that an accidental release of gas can cause.

The numerous people who went to the hospital as a result of the recent Atchison, Kansas gas spill may have potential claims or lawsuits against MGP Ingredients as a result of the spill. While injuries of a very short duration may not be valued very highly, medical bills as well as incidental or special damages can also be assessed, in addition to damages for pain and distress.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• Health Hazards (FindLaw’s Injured)
• Samsung Hit With First U.S. Lawsuit for Exploding Note 7 Smartphone (FindLaw’s Injured)
• Student Slips in Vomit, Suffers Brain Damage, Sues School for $1.3M (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/10/chemical-spill-in-kansas-hospitalizes-over-100-people.html

When to Sue a Chiropractor for Injury

When a chiropractor’s medical treatment causes a patient injury, that patient may be able to sue. While chiropractors are not medical doctors, they can still be liable for malpractice or professional negligence. State laws differ on what the action might be called, but each cause of action generally considers the same elements to prove a claim against a doctor or a chiropractor.

Injures alleged against chiropractors can be serious. For example, it was discovered that a famous model, Katy May, died at the age of 34 allegedly as a result of chiropractic treatment. After suffering from an on-set fall during a photoshoot, she hurt her neck. When the pain did not resolve itself, she sought chiropractic treatment. As a result of the treatment, an artery in her neck was pinched which caused her to have a stroke and die following the treatment.

Although this situation may sound like a textbook case of medical negligence, that may not necessarily be the case.

Establishing Medical Malpractice Against a Chiropractor

Proving a medical malpractice involves showing that your treating doctor did not exercise the usual standard of care that a reasonable doctor, in your doctor’s situation, would have exercised during your treatment, and that it was that failure to exercise that standard of care that caused the injury. What this means is that if your doctor was doing the same thing that any other doctor would have done in their shoes, then regardless of the result, there likely would not be a case.

In Ms. May’s case, if a lawsuit is ever filed, it will need to be shown that the chiropractor failed to exercise the usual standard of care that chiropractors generally exercise. For instance, if it is discovered that May did not receive x-rays before having her neck adjusted, then the doctor could possibly be considered to have not exercised the usual standard of care. May’s representative or family would still need to prove that the injury was caused by the chiropractor’s actions, and not some other cause.

When to Sue a Medical Professional

You generally have at least one year to file your case. In some states, medical malpractice or negligence claims have a different statute of limitations than injury claims. Additionally, there is one important requirement that applies to medical malpractice claims in most states, you may be required to provide notice of the claim to the medical professional, and the hospital, before filing a lawsuit. In California, for instance, you must notify the doctor and hospital within 1 year of discovery (but not more than 3 years from the date of injury), and once you notify them, you have to wait 90 days to file a lawsuit.

Deadlines to file lawsuits against medical professionals are strictly enforced, which can be very burdensome especially while dealing with an injury. If you think you have a claim for medical malpractice or negligence against a chiropractor, doctor, dentist, or other health care professional, contact an experienced medical malpractice attorney as soon as possible. Most injury attorneys provide free consultations over the phone and may even be willing to look over your medical records free of cost.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• Medical Malpractice (FindLaw’s Learn About the Law)
• 3 Moms Sue Hospital and Doctor for Botched Deliveries (FindLaw’s Injured)
• Can You Sue a Doctor for Lying? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/10/when-to-sue-a-chiropractor-for-injury.html

Is Apple Liable for Distracted Driving Accidents?

According to the National Highway Traffic Safety Administration, almost 20 percent of all traffic accidents involve distracted drivers, causing 3,179 deaths and an estimated 431,000 injuries in 2014 alone. And while drivers can be distracted by all kinds of things -- food, loud music, unruly passengers -- much of the attention has fallen on drivers texting and talking on the phone while driving. The NHTSA estimates 385 fatal crashes in 2014 involved the use of cell phones as distractions.

If all of these statistics make you wonder if cell phone companies are doing enough to prevent distracted driving incidents involving their products, you may have your answer soon. A new lawsuit against Apple, claiming the tech company is responsible for a fatal crash in Texas, may test the limits of liability for cell phone companies in distracted driving accidents.

Saving Drivers From Themselves

The underlying facts of the case are tragic: Ashley Kubiak was checking her iPhone for messages when her pickup collided with an SUV, killing the driver and passenger, and paralyzing a child. Kubiak was convicted of negligent homicide and sentenced to five years on probation, but families of the victims think Apple is also responsible for the crash.

Their lawsuit claims Apple knew its phones could be a distraction, but doesn't do enough to prevent drivers from using their phones behind the wheel. While the suit cites some scary statistics related to distracted driving, it's most damning piece of evidence is Apple's patent for technology that could prevent users from texting while driving and has yet to include it on its iPhones.

In its patent filing, Apple acknowledges, "Texting while driving has become so widespread that it is doubtful that law enforcement will have any significant effect on stopping the practice," and "Teens understand that texting while driving is dangerous, but this is often not enough motivation to end the practice." While Apple gives users the chance to lock their phones while driving, does it have the responsibility to take the choice, and its phones, out of drivers' hands?

Personal Liability

In its defense, Apple has moved to dismiss the case on the grounds that drivers should bear the responsibility of their actions, not third parties, and this suit could open the floodgates for:

Lawsuits against: fast food or any number of drive-thru restaurants for accidents caused when a driver gets distracted with eating while driving; hot beverage providers, or any business offering warm drinks to go, for accidents caused when a driver gets distracted with spillage or drinking while driving; cosmetic manufacturers for accidents caused when a driver gets distracted when applying makeup while driving; and similar liability may apply to providers of maps, books, car stereos --virtually any object in a car that is capable of causing distraction.

And when it comes to driving and accidents, personal responsibility is a common theme. After all, there were 9,967 fatalities in motor vehicle accidents involving alcohol-impaired drivers in 2014, 25 times more than those caused by cell phones. And car manufacturers aren't legally obligated to install ignition interlock devices on all cars. While Apple may not be liable for this particular accident, it may do well to give users more tools and information about silencing their cell phones while driving.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• The I-Phone Distracted Driving Lawsuit - Apple's Legal and Moral Responsibilities (The Huffington Post)
• Apple Sued for Distracting Drivers With Unreleased Product (FindLaw's Law and Daily Life)
• Smartwatches and Distracted Driving Laws (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/10/is-apple-liable-for-distracted-driving-accidents.html

3 Moms Sue Hospital and Doctor for Botched Deliveries

When a pregnant woman goes into the hospital to have their baby delivered, they don’t expect to be suing the hospital over a botched delivery. Unfortunately, for three mothers in the Houston area, that was exactly their fate. They went into East Houston Regional Medical Center to have their babies delivered, and of the three, one child died and the other two were permanently injured during the birthing process.

As well as all going to the same hospital, the three women had the same doctor. Now, the three women also have the same lawyers, and all three are suing both the doctor and the hospital for the birth injuries.

Houston, What Happened?

The doctor in charge of all three deliveries, Dr. June Williams-Coleman, is alleged to have not exercised the standard duty of care in all three births. Prior to first mom’s delivery in this case, Dr. Coleman had been disciplined by the Texas Board of Medicine for the exact same conduct that the lawsuit is alleging.

Dr. Coleman allegedly failed to suggest a c-section after the infants were discovered to be in distress. Additionally, it is alleged that Dr. Coleman improperly used the vacuum technique, as well as improperly broke an infant’s collar bone (which is rarely required if the shoulders become stuck during birth). There are even more allegations against Dr. Coleman for other failures.

In the delivery that led to the death of the infant, the mother’s sister, who was present, described a gruesome scene. The sister explained that Dr. Coleman was pulling out bloody parts of the baby’s head after attempting the vacuum method of pulling the infant out. In the other two deliveries, the infants were permanently injured, and will suffer both mentally and physically for life.

Suing for Birth Injuries

Each of the mothers potentially have very strong cases. Generally, in medical negligence cases, plaintiffs need to prove that the doctor or hospital fell below what the usual standard of care is for a particular procedure. While the standard of care can vary from hospital to hospital, or even regionally, it would seem that since the doctor in this case had been previously disciplined for falling below the standard of care when similar unfortunate events occurred in the delivery room, neither doctor, nor hospital, are in a good spot, legally speaking.

The mother of the deceased infant is seeking emotional distress damages, while the mothers of the infants that survived are seeking damages to cover future medical costs, as well as costs associated with raising a disabled child. The living children themselves will also have causes of action against the doctor and hospital that can be brought at a later date.

Related Resources:

• Injured by medical malpractice? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Samsung Hit With First U.S. Lawsuit for Exploding Note 7 Smartphone (FindLaw’s Injured)
• Antipsychotic Drug Side Effects: The Latest News on Risperdal Lawsuits (FindLaw’s Injured)
• Can You Sue a Doctor for Lying? (FindLaw’s Injured)
• 7 Common Ways That Plastic Surgery Can Go Wrong (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/10/3-moms-sue-hospital-and-doctor-for-botched-deliveries.html

When to Sue for a Broken Nose

It can be one of the most painful injuries imaginable. And of course it's right in the middle of your face. A broken nose can be an expensive injury as well, between immediate medical care, missed time at work, and any reconstructive surgery that might be necessary.

Generally speaking, a broken nose can either be the result of an accident, or an intentional act. And in either case you may be able to sue for your injuries. Here's a look at how.

Broken by Battery

Yes, you can sue someone for beating you up. So if you're broken nose was the result of a fight, or even a person being reckless, you may be able to sue for battery. Though some state laws can vary, battery is generally defined as the intentional touching of another person in a harmful or offensive manner, without consent, and battery claims have four elements:

1. Intent: You must prove that the person intended to commit an act of unwanted contact, either towards you or another party;
2. Contact: You must prove actual contact must be made, with your actual body or your "extended personality" like a necklace, piece of clothing, or purse;
3. Harm: You must prove that the manner of the contact was harmful or offensive; and
4. Damages: You must prove the physical injury, damage to your property, or emotional harm caused by the battery is compensable by a money award.

Proving these elements may be easier in some cases, like being in a fight, than in others, like being pushed down in a crowd.

Broken by Accident

Even if your broken nose was an accident, you may still be able to sue. Personal injury lawsuits are generally negligence claims, which are also premised on four main elements:

• Duty: You must prove that the defendant owed you a duty of care, like to drive carefully, shovel their sidewalk, or clean their store's floor;
• Breach: You must prove that the defendant failed to meet the duty, generally by failing to exercise reasonable care;
• Causation: You must prove that the defendant's breach (and not something else) caused your broken nose, and that the defendant could or should have foreseen that some injury would occur; and
• Damages: The same as above, you must prove that money can compensate you for medical expenses, lost wages, or other harm.

Again, proving each element of a negligence case can be more complicated than it seems. To find out if you can sue for your broken nose, you may want to consult an experienced personal injury attorney.

Related Resources:

• Have an injury claim? Get matched with a local attorney. (Consumer Injury)
• Woman Sues Apple for $1M Over Broken Nose (FindLaw's Injured)
• Denver Settles Police Brutality Suit for $795K (FindLaw's Injured)
• Should You Sign a School Sports Waiver? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/10/when-to-sue-for-a-broken-nose.html

Samsung Hit With First U.S. Lawsuit for Exploding Note 7 Smartphone

The first lawsuit has been filed against Samsung as a result of the exploding Galaxy Note 7s that were recalled last month. Surprisingly, the lawsuit is not over the phone explosion itself, but rather the economic damages that the recall notice caused to consumers. A judge still needs to approve the class-action status of the lawsuit.

For the 1.9 million Samsung phones that were subject to the recall in the U.S., consumers were advised to cease using and power down their phones. That left the phones unusable, leaving many consumers not just without a phone, but still on the hook for pricey phone bills. That’s exactly what this lawsuit is covering, as well as incidental damages and loss in value.

Can Samsung Really Be Liable to Pay Consumer Phone Bills?

It is the hope of the three named plaintiffs and their attorneys that Samsung can be held liable for the economic damages the phone recall caused to a large number of US consumers. The lawsuit is alleging a breach of warranty and fraud. When people purchased and activated the phone, they may not have had another phone to use on their carrier’s network. For many Note 7 owners, when the recall was issued, they had to stop using their cellular service while they waited for their replacement phone to arrive, which for some people took weeks.

If the allegation that Samsung knew the product was defective before it began going on sale can be proven, then the plaintiffs will have a good chance at success. The fact that Samsung was selling a product that they knew people have contracts they are obligated to pay third parties for, opens them up to the special damages for the breach of warranty.

But Couldn’t the Plaintiffs Suspend Their Services?

When a person loses or breaks their phone, or is leaving the country for an extended period of time, or gets deployed in the military, most phone carriers will allow a person to suspend their service if they are on a regular, post-paid contract (not prepaid services). Basically, the phone carrier puts your contract on hold. The caveat, you need to call them or go online, and for some Note 7 users out there, the recalled device could potentially be their only way to do either.

So while Samsung may be on the hook for incidental economic damages, it is likely that they can argue that non-prepaid customers should have mitigated their damages by suspending their cellular services. Additionally, the suit is claiming loss in value and other incidental damages sustained by consumers, so this mitigation argument would only be applicable to a portion of the damages claimed.

Related Resources:

• Injured in an accident? Get matched with a local attorney. (Consumer Injury)
• Samsung Products Keep Blowing Up, Literally (FindLaw’s Common Law)
• Nursing Home Slip and Fall: Can You Sue for Negligence? (FindLaw’s Injured)
• Student Slips in Vomit, Suffers Brain Damage, Sues School for $1.3M (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/10/first-lawsuit-in-wake-of-exploding-samsung-note-7s.html