Monday, March 12, 2018

School Bus Driver Was Reckless, Negligent in Child's Death, Lawsuit Alleges

Parents try very hard to protect their children. But, this need to protect children must also be balanced with letting go of your children, such as letting them go to school. The hope is that the people that care for your children when you're not around will be responsible and ensure that your child stays safe. Unfortunately, this isn't always the case.

For example, Arlana Haynes, a 6-year-old girl in first grade died as a result of injuries she sustained in a school bus crash, and her parents say it was because the bus driver was negligent and reckless. Because they feel that this tragic accident was the result of bus driver's actions, Arlana's parents have filed a lawsuit against the bus driver and Houston County schools.

How Did This Tragedy Occur?

According to police, the accident occurred when the bus driver entered a left curve too fast and tried to veer right, which resulted in the bus leaving the roadway and rolling onto its side. Arlana was critically injured after she was ejected from the vehicle, and died in the hospital the next morning. The bus driver is currently facing criminal charges for reckless driving and vehicular homicide.

Holding the Bus Driver Accountable

In their lawsuit, the parents are claiming that the bus driver drove recklessly and was negligent by failing to make a proper and legal left turn, failing to keep a proper lookout, failing to apply the brakes in a timely and proper manner, and was traveling too fast in light of the conditions. The parents are seeking the value of Arlana's life (which will be determined later), as well as other damages against the bus driver and the school system, including punitive damages from the bus driver.

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from Injured http://blogs.findlaw.com/injured/2018/03/school-bus-driver-was-reckless-negligent-in-childs-death-lawsuit-alleges.html
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Friday, March 9, 2018

Pedestrian Deaths Remain High, New Report Finds

Whether major or minor, car accidents can be a scary and stressful experience. It can be an especially upsetting experience if a pedestrian is involved in the accident. And, according to a report by the Governors Highway Safety Association (GHSA), "nearly 6,000 pedestrians were killed in motor vehicle crashes in the U.S. in 2017, marking the second year in a row at numbers not seen in 25 years."

But, what's causing the high number of pedestrian deaths? While the report doesn't pinpoint any specific causes, it does note a few trends that may correlate with the rise of pedestrian deaths: the prevalent use of smartphones and the legalization of marijuana.

No Direct Cause Identified, Just Contributing Factors

It's important to first note that the report doesn't claim a specific link or direct correlation to the increase in pedestrian deaths. Instead it states that "more recent factors contributing to the increase in pedestrian fatalities might include the growing number of state and local governments that have decriminalized the recreational use of marijuana, which can impair judgment and reaction time for all road users."

In fact, Car and Driver writes that there was a collective 16.4% increase in pedestrian deaths when comparing the first six months of 2017 to the same time period of 2016 in states where marijuana was legalized. The study specifically named: Alaska, Colorado, Maine, Massachusetts, Nevada, Oregon, Washington, and the District of Columbia. In comparison, all other states had a collective 5.8% decrease in pedestrian deaths for the same period of time.

Also mentioned in the report as a possible factor is the use of smartphones, which may apply to both drivers and pedestrians. After all, how many times have you seen people walking around with their head down looking at their phones, and not paying attention to where they're walking? Similarly, drivers who text while driving, or simply get distracted by something on their smartphone, create a hazard for both drivers and pedestrians alike.

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from Injured http://blogs.findlaw.com/injured/2018/03/pedestrian-deaths-remain-high-new-report-finds.html
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Thursday, March 8, 2018

When Can You Sue for Identity Theft?

With the convenience of technology comes new risks as well. Although identity theft can occur without using the internet, it does make this crime easier to commit. Having your identity stolen can be very difficult, especially since you may not discover it until much later than it actually occurred. Identity theft is a crime under federal law, and most states also have laws making it illegal.

But, considering the negative effects of being the victim of identity theft -- such as damage to your credit or loss of money -- you may wonder if you're entitled to pursue a civil lawsuit against the offender(s). Well, some states actually allow identity theft victims to sue under their identity theft laws. But, even if your specific state doesn't include such a provision, you still may be able to sue if you've been the victim of identity theft.

Who Can You Sue and Under What Legal Theory?

Clearly, you can sue the thief, as he or she is the one responsible for your harm. However, it can be difficult to sue the thief because he or she may be hard to find. Plus, it's likely that thief will not have assets to recover if you're successful in a civil lawsuit. It may be possible, however, to sue others for their role in the identity theft.

For example, it may be possible to sue a credit bureau or business that disclosed your credit information. There are various legal theories that may apply in an identity theft case. Possible theories that a victim of identity theft could sue under include: negligence, invasion of privacy, breach of fiduciary duty, or infliction of emotional distress.

A Lawyer Can Be Very Helpful

Figuring out a legal theory to sue under can be difficult, especially since it can depend on the specific facts of your case. In addition, there are civil statute of limitations you need to be mindful of, as you don't want to miss the deadline for filing a lawsuit. For these reasons, it's very helpful to consult with a lawyer who is familiar with these legal theories, and civil procedure.

So, if you've been the victim of identity theft and are wondering if you can file a civil lawsuit, it's a good idea to contact a personal injury attorney who can review the facts of your case to determine who you may have a claim against and what legal theories may apply to your specific situation.

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from Injured http://blogs.findlaw.com/injured/2018/03/when-can-you-sue-for-identity-theft.html
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Tuesday, March 6, 2018

Girl Dies From Falling Mirror in Payless

A Georgia family is grieving after a falling mirror killed their two-year-old daughter, Ifrah Siddique, inside a Payless ShoeSource store. It's a tragic case touching on the legal responsibilities of retailers and the legal rights and remedies available to store patrons.

What Happened?

According to media reports, Ifrah was trying on shoes with her family when a large mirror fell off the wall, crushing her underneath. She was taken to Southern Regional Medical Center in Riverdale, Georgia, but was pronounced dead at the hospital.

There is an online crowdfunding campaign on LaunchGood.com.

Stores Have Legal Responsibilities

Unfortunately, shopping-related injuries and deaths occur. Shopping centers and stores attract lots of foot traffic, display marketing strategies see stores frequently re-arranging and moving heavy items, and management and employee attention to dangerous attractions and risky situations can be haphazard. Slip and falls, head and body injuries, even shopping cart related damages are part of shopping.

Injured Shoppers Can Sue

The law protects people from harm. Property owners can be liable for injuries to guests under a theory of premises liability, and businesses and employees for negligence resulting in harm to patrons and guests. When death results, surviving family members can bring a wrongful death lawsuit against the responsible business.

It's also really bad for business to have high-profile deaths or injuries at your store.

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from Injured http://blogs.findlaw.com/injured/2018/03/girl-dies-from-falling-mirror-in-payless.html
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Tuesday, February 27, 2018

How to Challenge a Medical Bill

The world (and the internet) is full of medical bill horror stories, from massive costs for uninsured patients undergoing extensive treatments to denied insurance claims wreaking havoc on families and loved ones. Getting stuck with a large medical bill can put a major crimp on your bank account, savings, credit score, and financial future. So how do you challenge a medical bill?

1. Act Quickly

It's worth repeating that bills usually have a due date. While these deadlines can be extended, challenging a medical bill is best done from a fairly early point. Acting quickly can make writing down your account of what's happened and keeping paper or electronic records easier -- a common problem after time elapses.

2. Keep Detailed Records

Many hospitals, doctors' offices, and insurance companies will bombard you with paper. Bills, invoices, letters, and more provide a paper trail should patients dispute or challenge a bill. You should keep everything they send, and in turn keep records of every letter or email you sent or notes of any phone calls you make. It'll pay off later.

3. Dig for More Info

About those records ... they're not necessarily meant to be informative -- to you. What's being charged, why, and (especially) whether it's reasonable are questions that you may have to request clarification about or seek out on your own.

Politeness can go a long way here. Insurers especially will be on the lookout for the early signs of lawsuits, and aggressive or angry calls and emails are a giveaway. And it's often true that Ted from customer service doesn't know the answers to detailed questions, but should know where to refer them.

4. Negotiate

Most major bills can be negotiated down. Getting paid - even if not paid at the billed rate - matters to creditors of all stripes at the end of the day. Especially for the uninsured, doctors may give discounts. Insurance companies might settle for a lesser amount rather than have a dispute drag on with little chance of recouping at the end. While it can be a new experience for many, negotiation is often worth the discomfort.

5. Get Help as Needed

There are professionals out there who can help you research, negotiate, and settle medical bills in particular. For situations where you can't come to terms with an insurance company and doctor, you can also speak to a lawyer about it.

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from Injured http://blogs.findlaw.com/injured/2018/02/how-to-challenge-a-medical-bill.html
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Thursday, February 22, 2018

HIV Patients Sue CVS Over Privacy Issue

There are many things that Americans hold dear, and one of the big ones is the right to privacy. And, when we feel that we've suffered an invasion of privacy, we want the person who violated our privacy held accountable. That's what's happening with a group of HIV patients who have filed a class action lawsuit against CVS.

How Did CVS Violate These Patients' Privacy?

The HIV patients are claiming that CVS pharmacy insurance plan violated their privacy by making them buy their HIV/AIDS medication at CVS retail stores or having the medication mailed to their homes. One class member explains that his medication was delivered to his home while he was at work, which meant that the package was left at his front door all day, risking his neighbors seeing them.

Another class member explains that there are privacy issues when picking up from a CVS retail store as well. He states that there's no privacy when talking to the pharmacist, and he's concerned with others finding out that he's HIV positive.

Elements of an Invasion of Privacy Claim

There are different types of rights to privacy claims, and the elements of the claim will depend on the type of claim. In the case of the HIV patients suing CVS, it would appear that they're suing for public disclosure of private facts. Although the elements for this claim will vary depending on a particular state's laws, generally a plaintiff will need to establish the following:

  1. The disclosed fact was private;
  2. There was a public disclosure of the fact that was private; and
  3. The disclosure is offensive to a reasonable person of ordinary sensibilities.

As previously stated, the specific elements will vary depending on state laws. If you believe that you have an invasion of privacy claim, it's best to discuss your situation with a local personal injury attorney.

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from Injured http://blogs.findlaw.com/injured/2018/02/hiv-patients-sue-cvs-over-privacy-issue.html
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Wednesday, February 21, 2018

Can Doctors Be Sued for Not Washing Hands?

You'd think this wouldn't be a thing. Kids learn to wash their hands from a young age. Employees can be required to wash their hands after using the restroom. And, in general, most people are pretty good about it. Despite this, doctors, who really should know best here, are infamously among the worst hand washers out there.

So if you're a patient, can you sue?

Wash Your Hands, Doctor

The Centers for Disease Control estimates that approximately 100,000 hospital patients die each year from hospital-acquired infections. That's a lot, and considering the controlled environment of hospitals, a number that should be downwardly adjusted in a big way.

A big contributor here is the infamous handwashing problem in the medical field. Washing hands is an easy way for doctors, nurses, and hospital staff to avoid spreading infection by scrubbing off bacteria.

Despite the proven benefits of washing hands and doctors' daily interaction with sick patients, it remains a source of trouble for patients. It's a common enough problem to garner attention from health authorities, hospitals, and lawyers.

Doctor Handwashing Lawsuits?

By law, doctors owe their patients a duty of care. It's similar to the legal duty a lawyer owes a client and a fiduciary owes a principal. When that duty is breached, and a patient is injured, there's a legal right permitting a patient to sue for medical malpractice.

Medical malpractice lawsuits also require a causal connection between a doctor's failure to observe her duty of care and a patient's injury. The doctor's mistake must harm the patient, as it were.

That's what the law says. What about the reality? Unlike leaving surgical sponges inside patients, attributing a patient's infection to a handwashing failure is difficult. It lacks that "aha!" moment. On the other hand, it might be possible to sue the hospital for failing to train staff or failing to maintain safe conditions.

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from Injured http://blogs.findlaw.com/injured/2018/02/can-doctors-be-sued-for-not-washing-hands.html
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