Top 5 Summer Camp Injury Questions

The kids are out of school for the summer, and now it’s time to ship them off to a nearby lake so someone else can keep track of them for a few weeks. We kid. You probably love to spend time with the little ones, but recognize the value in getting them out into nature and teaching them to canoe, shoot arrows, and sing campfire songs.

And you also want to make sure they’re safe. Summer camps can be valuable learning experience, and carry their own set of dangers at the same time. Here are some of the most pressing questions, and answers, when it comes to summer camp injuries.

1. Are Campground Liability Waivers Legally Enforceable?

The first thing a summer camp might have you do is sign a liability waiver that attempts to limit the camp’s responsibility for any injuries your child may suffer. While these waivers can sometimes be enforceable and bar you from suing a summer camp, they have their limits and may be negotiable.

2. What If I’m Injured Hiking or Camping?

Some of the more adventurous camps take kids on overnight hiking or backpacking trips. Make sure you’re aware of the risks and the liability involved in longer treks into the wilderness.

3. If I Slip and Fall at a Pool, Can I Sue?

Swimming pools hold a special place in our summer memories as well as in the legal landscape. And if they’re going to be a part of your child’s summer camp experience, you might want to know the legal meaning behind “attractive nuisance,” and what that means for your child’s safety and a camp’s responsibilities.

4. Do Summer Camps Have to Disclose Suspected Abuse?

It is every parent’s worst nightmare, and for too many parents it is sadly a reality. So do summer camps have a responsibility to tell parents if a current or former employee has been accused of or charged with abuse of children?

5. Who’s Responsible for Summer Camp Injuries?

This is the big one — if my child is injured at summer camp, who’s to blame? And how can I hold them legally responsible?

Every case is different, and the specific circumstances of a summer camp injury will often determine legal liability. Your best bet is to consult with an experienced personal injury attorney about your case. So if your child has been injured while at summer camp, contact a lawyer in your area today.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Top 5 Summer Camp Safety Tips (FindLaw’s Injured)
• Avoid Summertime Sadness: 5 Injuries You Can Prevent (FindLaw’s Injured)
• 3 Things to Know About Camp or Recreational Liability Waivers (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/06/top-5-summer-camp-injury-questions.html

Myths and Realities of Injury Lawsuits

via Tumblr hobbsr04.tumblr.com/post/145309019227 Do you remember the McDonald’s coffee lawsuit, now decades old? In that 1994 case, a woman was scalded by a hot cup of coffee while in her car and was awarded nearly $3 million after a jury trial. That case has helped to fuel the myth that any injury can get you millions in a personal injury or product liability lawsuit — but it’s a myth. Let’s consider the details of that case and the legal realities. Damages Control If a plaintiff can show a defendant owed her a duty of care and that breach of this duty caused an injury which is compensable, then the plaintiff can recover for negligence. Compensatory damages are awarded to cover medical expenses, lost wages, pain and suffering and more. On rare occasions, when the defendant’s negligence is egregious and must be punished, a plaintiff is also awarded punitive damages. That is what happened in the famous McDonald’s case. The plaintiff was actually only awarded $200,000 in compensatory damages to cover medical care. The spilled coffee caused her burns that required multiple skin grafts, and it is actually the scalding temperature of the coffee that got McDonald’s punished. Evidence showed that McDonald’s knew of its too-hot coffee problem and had ignored prior complaints, which led to a jury award of 2.7 million in punitive damages, or two days of McDonald’s coffee revenue. That award was reduced on appeal. Ultimately McDonald’s settled the matter for over half a million dollars, not millions. Damages awards can get reduced on appeal and can be difficult to actually collect, depending on the defendant. But what’s very instructive about that case is that ultimately it ended in a negotiated settlement - and that is the reality for the vast majority of personal injury cases. Settlements and Such Injury lawsuits often end in negotiated settlements, rather than trials. Where it is clear that negligence occurred and the parties can agree to a reasonable amount of damages, then it makes more sense to settle, saving money and time for all parties. The law encourages settlements generally, whether in civil or criminal cases, and personal injury is no exception. If parties can agree to terms that will resolve their dispute, then the legal system is less taxed and judges and juries are not asked to intervene. Settling may mean doing less courtroom work, but lawyers still do investigate cases before negotiating a settlement. When the facts are more or less clear to everyone, then an agreement can be reached. Cases that never become clear or parties that never agree on what is reasonable will go on to trial. But going to trial is costly, stressful, and risky. In a negotiated settlement everyone compromises, which means everyone can win (or lose, depending on your view). Talk to a Lawyer If you are considering a personal injury lawsuit, speak to a lawyer before you make any decisions about suing or settling. You need legal representation even if you are only negotiating and do not plan to go to court. Many lawyers consult for free or a minimal fee and will be happy to discuss your case. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Resolution Before Trial: Settlement (FindLaw’s Learn About the Law) Protecting a Settlement From an Insurance Provider (FindLaw’s Learn About the Law) Get Legal Help With an Accident or Injury (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/06/myths-and-realities-of-... via Blogger hobbsr04.blogspot.com/2016/06/myths-and-realities-of-inju...

via Flickr http://www.flickr.com/photos/87814799@N02/26809869274

Myths and Realities of Injury Lawsuits

Do you remember the McDonald’s coffee lawsuit, now decades old? In that 1994 case, a woman was scalded by a hot cup of coffee while in her car and was awarded nearly $3 million after a jury trial.

That case has helped to fuel the myth that any injury can get you millions in a personal injury or product liability lawsuit — but it’s a myth. Let’s consider the details of that case and the legal realities.

Damages Control

If a plaintiff can show a defendant owed her a duty of care and that breach of this duty caused an injury which is compensable, then the plaintiff can recover for negligence. Compensatory damages are awarded to cover medical expenses, lost wages, pain and suffering and more. On rare occasions, when the defendant’s negligence is egregious and must be punished, a plaintiff is also awarded punitive damages.

That is what happened in the famous McDonald’s case. The plaintiff was actually only awarded $200,000 in compensatory damages to cover medical care. The spilled coffee caused her burns that required multiple skin grafts, and it is actually the scalding temperature of the coffee that got McDonald’s punished.

Evidence showed that McDonald’s knew of its too-hot coffee problem and had ignored prior complaints, which led to a jury award of 2.7 million in punitive damages, or two days of McDonald’s coffee revenue. That award was reduced on appeal. Ultimately McDonald’s settled the matter for over half a million dollars, not millions.

Damages awards can get reduced on appeal and can be difficult to actually collect, depending on the defendant. But what’s very instructive about that case is that ultimately it ended in a negotiated settlement - and that is the reality for the vast majority of personal injury cases.

Settlements and Such

Injury lawsuits often end in negotiated settlements, rather than trials. Where it is clear that negligence occurred and the parties can agree to a reasonable amount of damages, then it makes more sense to settle, saving money and time for all parties.

The law encourages settlements generally, whether in civil or criminal cases, and personal injury is no exception. If parties can agree to terms that will resolve their dispute, then the legal system is less taxed and judges and juries are not asked to intervene.

Settling may mean doing less courtroom work, but lawyers still do investigate cases before negotiating a settlement. When the facts are more or less clear to everyone, then an agreement can be reached. Cases that never become clear or parties that never agree on what is reasonable will go on to trial.

But going to trial is costly, stressful, and risky. In a negotiated settlement everyone compromises, which means everyone can win (or lose, depending on your view).

Talk to a Lawyer

If you are considering a personal injury lawsuit, speak to a lawyer before you make any decisions about suing or settling. You need legal representation even if you are only negotiating and do not plan to go to court. Many lawyers consult for free or a minimal fee and will be happy to discuss your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Resolution Before Trial: Settlement (FindLaw’s Learn About the Law)
• Protecting a Settlement From an Insurance Provider (FindLaw’s Learn About the Law)
• Get Legal Help With an Accident or Injury (FindLaw’s Learn About the Law)
  

from Injured http://blogs.findlaw.com/injured/2016/06/myths-and-realities-of-injury-lawsuits.html

Are Essure Birth Control Implants Safe?

via Tumblr hobbsr04.tumblr.com/post/145274592472 For women who want a permanent form of birth control, there are few non-surgical options. One of those options is Essure, a coil that can be implanted by a doctor instead of requiring invasive surgery. But Essure implants don’t come without their own risks, including device failure, infection, and hemorrhage. Here’s what you need to know about Essure birth control implants and what to do if you’ve been injured by one. Impregnable Implant? Essure markets itself as “the only permanent birth control you can get with a non-surgical procedure.” That non-surgical procedure, as described by the Food and Drug Administration (FDA), involves a doctor or health care provider inserting “flexible coils through the vagina and cervix and into the fallopian tubes.” As a woman’s tissue forms around the coil, the fallopian tubes become blocked, preventing sperm from reaching the eggs. Due to this tissue growth, Essure implants are not intended to be removed. And while Essure says its implants “can help you stop worrying about an unplanned pregnancy,” that’s not always the case. The FDA found “Essure failure, and, in some cases, incomplete patient follow-up, have resulted in unintended pregnancies.” Warning to Women But unintended pregnancies weren’t the only risk with the implants. Clinical trials revealed: Short-Term Risks: Including mild to moderate pain during the Essure placement procedure and cramping, vaginal bleeding, dizziness, and pelvic or back discomfort immediately after. Long-Term Risks: Including pelvic pain, perforation of the uterus or fallopian tubes, and migration of Essure inserts through the fallopian tubes or uterus into the lower abdomen and pelvis. In response, the FDA issued a “black box warning” regarding Essure implants, the most serious warning available. While regulators declined to remove the device from the market completely, they did call for further studies and advised that that “some women may be at risk for serious complications,” including damage to their uterus and fallopian tubes if the implant shifts out of position. If you’ve experienced adverse side effects from an Essure birth control implant, you should contact an experienced personal injury attorney today to discuss you case. Related Resources: Injured by an Essure Birth Control Implant? Get your claim reviewed by an attorney for free. (Consumer Injury) New, Stronger FDA Warning for Essure Birth Control Implant (AP) Pfizer to Face Defective Birth Control Lawsuits? (FindLaw’s Injured) Defective Products and Products Liability (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2016/06/are-essure-birth-contro... via Blogger hobbsr04.blogspot.com/2016/06/are-essure-birth-control-im...

via Flickr http://www.flickr.com/photos/87814799@N02/27305865242

Are Essure Birth Control Implants Safe?

For women who want a permanent form of birth control, there are few non-surgical options. One of those options is Essure, a coil that can be implanted by a doctor instead of requiring invasive surgery. But Essure implants don’t come without their own risks, including device failure, infection, and hemorrhage.

Here’s what you need to know about Essure birth control implants and what to do if you’ve been injured by one.

Impregnable Implant?

Essure markets itself as “the only permanent birth control you can get with a non-surgical procedure.” That non-surgical procedure, as described by the Food and Drug Administration (FDA), involves a doctor or health care provider inserting “flexible coils through the vagina and cervix and into the fallopian tubes.” As a woman’s tissue forms around the coil, the fallopian tubes become blocked, preventing sperm from reaching the eggs. Due to this tissue growth, Essure implants are not intended to be removed.

And while Essure says its implants “can help you stop worrying about an unplanned pregnancy,” that’s not always the case. The FDA found “Essure failure, and, in some cases, incomplete patient follow-up, have resulted in unintended pregnancies.”

Warning to Women

But unintended pregnancies weren’t the only risk with the implants. Clinical trials revealed:

• Short-Term Risks: Including mild to moderate pain during the Essure placement procedure and cramping, vaginal bleeding, dizziness, and pelvic or back discomfort immediately after.
• Long-Term Risks: Including pelvic pain, perforation of the uterus or fallopian tubes, and migration of Essure inserts through the fallopian tubes or uterus into the lower abdomen and pelvis.

In response, the FDA issued a “black box warning” regarding Essure implants, the most serious warning available. While regulators declined to remove the device from the market completely, they did call for further studies and advised that that “some women may be at risk for serious complications,” including damage to their uterus and fallopian tubes if the implant shifts out of position.

If you’ve experienced adverse side effects from an Essure birth control implant, you should contact an experienced personal injury attorney today to discuss you case.

Related Resources:

• Injured by an Essure Birth Control Implant? Get your claim reviewed by an attorney for free. (Consumer Injury)
• New, Stronger FDA Warning for Essure Birth Control Implant (AP)
• Pfizer to Face Defective Birth Control Lawsuits? (FindLaw’s Injured)
• Defective Products and Products Liability (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/06/are-essure-birth-control-implants-safe.html

Car Accident Claims: What Are Special Damages?

via Tumblr hobbsr04.tumblr.com/post/145259318367 This is another in our series on car accident claims. So many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help. Damages, in general, refer to the money awarded in a successful civil case. In personal injury cases, compensatory damages are designed to put the aggrieved party in the same financial condition — or as close to it as possible — as he or she was before the injury. You may have also heard the term “special damages,” which are a subset of compensatory damages. Here’s a breakdown of what special damages are and how to recover them after a car accident. Special Damages In car accident cases, damages are split into two categories: Special Damages: Money that would cover medical expenses, damage to the car, and the loss of income now and in the future; and General Damages: Money for pain and suffering, mental anguish, and loss of consortium. This terminology seems a little backwards, since emotional distress may only occur in special cases, whereas vehicle damage happens all of the time. But an easy way to remember might be to replace “special” with “specific” — special damages are based on specific, measurable dollar amounts of actual loss, while general damages are for intangible or less dollar-specific losses. (Special Note: In contract disputes, these definitions are reversed, with general damages referring to specific monetary issues like contract and market prices, and special damages referring to less-specific issues like lost profits from possible future contracts.) Recovering Special Damages The first step to recovering special damages is to prove them. You can use receipts from paid medical bills or car repair bills (or the bills themselves), as well as medical and employment records demonstrating the extent of your injuries and how much time you missed at work. Often, special damages are described as “sum certain” because they can be specifically calculated, even before a trial begins. Because special damages in car accident claims are more easily proven, they are often easier to recover. That said, injury lawsuits can be complicated, and the only way to know what damages you might get is to contact an experienced personal injury attorney about your case. If you’ve been in a serious car accident, contact a lawyer near you today. Related Resources: Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Injury Lawsuits: When Can You Sue for Lost Wages, Future Earnings? (FindLaw’s Injured) Economic Recovery for Accidents and Injuries (FindLaw’s Learn About the Law) Damages Estimate Worksheet (FindLaw’s Learn About the Law) from Injured blogs.findlaw.com/injured/2016/06/car-accident-claims-wha... via Blogger hobbsr04.blogspot.com/2016/06/car-accident-claims-what-ar...

via Flickr http://www.flickr.com/photos/87814799@N02/27364413876

Car Accident Claims: What Are Special Damages?

This is another in our series on car accident claims. So many of us experience an accident, but do we really know what do to, how to get help, or what our rights are? This series can help.

Damages, in general, refer to the money awarded in a successful civil case. In personal injury cases, compensatory damages are designed to put the aggrieved party in the same financial condition — or as close to it as possible — as he or she was before the injury.

You may have also heard the term “special damages,” which are a subset of compensatory damages. Here’s a breakdown of what special damages are and how to recover them after a car accident.

Special Damages

In car accident cases, damages are split into two categories:

1. Special Damages: Money that would cover medical expenses, damage to the car, and the loss of income now and in the future; and
2. General Damages: Money for pain and suffering, mental anguish, and loss of consortium.

This terminology seems a little backwards, since emotional distress may only occur in special cases, whereas vehicle damage happens all of the time. But an easy way to remember might be to replace “special” with “specific” — special damages are based on specific, measurable dollar amounts of actual loss, while general damages are for intangible or less dollar-specific losses.

(Special Note: In contract disputes, these definitions are reversed, with general damages referring to specific monetary issues like contract and market prices, and special damages referring to less-specific issues like lost profits from possible future contracts.)

Recovering Special Damages

The first step to recovering special damages is to prove them. You can use receipts from paid medical bills or car repair bills (or the bills themselves), as well as medical and employment records demonstrating the extent of your injuries and how much time you missed at work. Often, special damages are described as “sum certain” because they can be specifically calculated, even before a trial begins.

Because special damages in car accident claims are more easily proven, they are often easier to recover. That said, injury lawsuits can be complicated, and the only way to know what damages you might get is to contact an experienced personal injury attorney about your case. If you’ve been in a serious car accident, contact a lawyer near you today.

Related Resources:

• Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Injury Lawsuits: When Can You Sue for Lost Wages, Future Earnings? (FindLaw’s Injured)
• Economic Recovery for Accidents and Injuries (FindLaw’s Learn About the Law)
• Damages Estimate Worksheet (FindLaw’s Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/06/car-accident-claims-what-are-special-damages.html