Personal Injury Advice And Information You Can Use Today

Millions of people are affected by personal injury cases each year. If you have endured long hours of suffering, you certainly deserve compensation for your troubles. Knowledge is power when it comes to reaching a fair settlement. The following article was written to help you understand the personal injury settlement process and to help you seek out a fair attorney.

If you believe you may have grounds for a personal injury case, see a physician immediately. In cases where there is a pharmaceutical tort, such as with Yaz, Risperdal, or testosterone supplements, it’s important that your information be documented as soon as possible. It will be used as valuable evidence later, but by the time you have your day in court, the injuries may have healed and you will have no proof of them.

Make sure that you hire an attorney that specializes in personal injury law. There are lawyers out there who practice several types of law. It is in your best interest to find one who only practices this type of law. It will increase your chances of success since your attorney will know exactly what he is doing.

Get out of your vehicle and take photographs of the scene from several different angles. You should take pictures of your vehicle and that of the other party. This is important since it will prove the damages were not exaggerated by you or the person you got into the accident with.

Never try to negotiate with an at-fault party or their insurance company without having an attorney present. They may try to take advantage of your lack of legal knowledge to make you an unfair offer. Even if you feel like you are confident and can represent yourself, call a lawyer and have them present at the time.

When choosing a personal injury lawyer, pay special attention to the size of their firm. Generally, larger firms mean that more than one lawyer may work on your case. These are usually Associate Attorneys who are trying to gain some legal experience, while having a senior attorney oversee and make the final decisions. Smaller firms can usually provide better management by having fewer people working on a case. Feel free to ask if other attorneys will be working on your case in any firm you’re interested in.

Your attorney might be the one doing most of the work when it comes to your personal injury case, but you can still be knowledgeable. It is important that you keep in mind all of the important information that was discussed in this article. By doing so, you will ensure you are fairly compensated!

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Medical Errors that Lead to Neonatal Brain Injuries

Few people understand how easy it is to make medical errors that can lead to serious brain injuries. It can be a case of too much, too little, too soon, or too late for many cases and may be due to negligence, miscommunication or fatigue. Costs often go beyond hospitalization and critical care; in most cases, lifetime special care is required.

Health care professionals are human beings with the same physical and mental limitations of ordinary people, but this realization does not absolve them from the duty of care towards their patients that is expected of them. According to the website of Jeff Sampson, breaching this duty can render them liable for personal injury lawsuits. Specifically, medical malpractice lawsuits. These suits involve accusations that are often difficult to prove, but also offer generally high settlements, since they’re the result of egregious failures of a medical institution’s duty of care.

One of the most common reasons for brain injury in both adults and children which is not traumatic i.e. physical blow in nature is hypoxia and anoxia. Hypoxia is depletion of oxygen in tissue; anoxia is the complete absence of oxygen. If the brain receives too little oxygen, this is called cerebral hypoxia. If no oxygen is getting to the brain at all, it is cerebral anoxia. When a medical procedure or treatment inadvertently causes the oxygen flow to the brain to decrease or cease over a certain period of time, brain cells die, causing brain damage. Even if the oxygen flow is brought back to normal, the brain injury and consequent effects are usually permanent.

The most vulnerable to this type of injury are newborns. Medical errors that lead to brain injuries in neonates include delayed removal of airway obstructions and failure to provide necessary medical attention to pre-term babies with underdeveloped lungs. Adults suffering from a stroke may have more extensive brain injuries than they should have if they had been diagnosed and treated promptly.

It is possible to injure the brain in other ways, such as the use of too much labor-inducing Pitocin, or too much anesthesia during surgery. While there is no intent to harm, the health care professional is still liable for any damages that may accrue to the victim in a personal injury lawsuit. If someone close to you has suffered brain injuries due to medical errors, consult with a personal injury lawyer in your area for advice and assistance.

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Truck Accidents in Texas on the Rise

Texas is the second largest state in the US, and it has a lot of highways and byways being traversed by all kinds of commercial vehicles. It is not really surprising that in 2012 there were 26,403 crashes involving commercial motor vehicles (CMV), including truck accidents, in all of Texas. Of this number, 460 were fatal (525 fatalities), 3,738 were serious injury (5,287 seriously injured) and 4,181 were injury crashes (7,193 injured). These figures represent a 17% increase in the number of CMV-related fatalities and 8% of CMV-related crashes to 2011. There were no fatality-free days in Texas for 2012.

While these numbers are for all CMV-related crashes, truck accidents are bound to have a significant contribution because of the size and nature of the vehicle. Most trucks are used to transport goods across many miles, and truck drivers make more money if they drive more miles. The chances of trucking accidents rise when there is a great demand for services because the faster you travel with fewer breaks, the faster the trucking company and driver earn. This is still negligent behavior, and victims of truck accidents can recover damages and get compensation from the driver and carrier.

A truck driver does not even have to be driving under the influence of alcohol or drugs, or be distracted by cell phone use or eating to be involved in truck accidents. All that is needed is for the truck driver to ignore regulations and skip mandated rest periods and fatal consequences can easily follow. It is said that driving while deprived of sleep can be just as bad as driving while drunk. The long hours, monotonous occupation and lack of sleep make large trucks weapons on wheels on the roadways to the detriment of smaller, more vulnerable vehicles. According to the Truck Accident Resource Center, 98% of the fatalities in truck accidents are the occupants of the other vehicle. This is pretty clear, as trucks are so much larger than the average car that their drivers are in safer positions when they are involved in accidents.

If you or someone you know sustained injuries due to the negligence of a truck driver in Texas, consult with a personal injury lawyer with experience in dealing with truck accidents. Irresponsible people have no business being behind the wheel of a large truck, and should be made to pay for it when they make critical mistakes that harm innocent people.

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Medical Malpractice in Cruise Ship Accidents

Children of the 80’s would know all about “The Love Boat” television series which was squeaky clean and the ideal vacation for Americans. But that is television, and the reality is there are a lot of things to beware of when deciding on going on a cruise, especially the issues of medical malpractice and cruise ship accidents.

In general, it is not a good idea to be beyond the reach of the primary physician if there is an existing medical condition even if you are certain you can get adequate medical attention wherever you are going. But when circumstances force it, such as going on a cruise, it is reasonable to expect that you will at least get competent emergency care in case of cruise ship accidents or medical emergencies such as a ruptured appendix. Unfortunately, there are no regulations that force cruise liners to provide such competent service, so shipboard doctors may not provide the quality of care you will need. And to make things worse, even if the medical personnel causes injury or death because of some type of medical malpractice, the cruise liner has no liability because it is governed by maritime law and shipboard doctors are independent contractors.

Of course, a medical malpractice suit can be brought against the health professional but most shipboard doctors are not American citizens, and are therefore not bound by US laws. If the doctor is licensed in the US, there may be some hope of compensation. Louis A. Vucci, P.A., website states that for cruise ship accidents, there is a statute of limitations of one year in which one can bring a case for medical malpractice.

There is no doubt that you are on shaky ground when medical malpractice occurs on a cruise ship, but that is no reason to take it lying down. As pointed out in an article on the website of the Louisville personal injury lawyers of the Sampson Law Firm, medical malpractice victims often go through a horrendous ordeal of repeated surgeries, medical complications, and long-term health consequences. If it is at all possible to get compensation for these injuries, every effort should be expended to see that the matter is addressed, even if it occurs onboard a cruise ship. This can make a dramatic difference in your finances, as medical bills often force people into bankruptcy and sometimes homelessness.

A cruise ship is shielded from liability for medical malpractice by antiquated laws more than a century old. It is time to make some changes, and the only way to do that is to let the victims’ voices be heard. If you or someone close to you has suffered harm because of the negligence or incompetence of a physician or other medical professional, engage the services of a lawyer with extensive experience and knowledge of maritime law and cruise liners to have a better chance of recovering damages.

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Social Security Disability Benefits for Personal Injury Victims

There are many situations in which the question of how a personal injury settlement or award will affect social security disability benefits will arise. In general, however, a person receiving Social Security Disability Insurance (SSDI) payments should not worry about any adverse effects on their monthly benefits in the event of personal injury compensation. There is no overlapping of jurisdictions for the two issues. This does not mean that a claim for SSDI benefits will be any easier. Filing a claim for SSDI benefits requires extensive knowledge in the ins and outs of the process to avoid getting denied.

Conversely, a person who became disabled because of the negligence of a third party and received a personal injury settlement with a medical component may still claim SSDI benefits. An ongoing personal injury claim does not preclude filing a claim for SSDI at the same time. According to an article in the website of Habush Habush & Rottier S.C. ® in Green Bay, the negligent actions of a defendant in a personal injury case renders him or her liable for any injuries that may accrue to another person. This liability is not diminished by the financial capacity of the injured party.

It must be remembered that SSDI is funded out of payroll taxes. As an employee, you have been paying periodically into the SSDI fund, and you have the right to receive SSDI benefits if you in fact become disabled. SSDI is based on certain criteria that are not causative in nature; you can qualify if you have the required work credits and are unable to work for at least 12 months because of a medical condition that has left you totally disabled. The why will not matter, and income from sources other than your regular employment is not a deciding factor. As long as you remain unable to work, you will receive SSDI payments. Any monies that you may have received from a personal injury lawsuit remain separate from your SSDI eligibility.

However, you may be required to set up a Medicare Set-Aside or MSA, a trust fund designed to cover your future medical needs related to the medical basis of your personal injury claim. The rationale and mechanics of an MSA is somewhat complex, and may best be explained by an MSA lawyer who will set it up for you if the need arises.

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