The Wrongful Death Of A Child: How A Lawyer Can Help You

Posted by on Dec 31, 2015 in Uncategorized | Comments Off on The Wrongful Death Of A Child: How A Lawyer Can Help You

Are you suffering from severe depression after losing a child due to overdosing on the wrong type of medication? You may be able to take the physician to court for negligently prescribing your child the medication that led to his or her death. Below, discover what a wrongful death lawyer can do to help you win a medical malpractice lawsuit.

How Will a Wrongful Death Lawyer Begin the Lawsuit?

Nothing will happen until you consult with the lawyer about what led up to your child’s death. He or she will ask specific questions about your child’s medical history to rule out underlying problems possibly being the cause of death. Don’t leave information out in hopes that it will better your case, as it will only hurt your credibility in court if brought to light. Leaving information out will also interfere with how well the lawyer is able to prepare your case. All information that you give out will be confidential unless the lawyer alerts you about it being used to help your argument in court.

What Kind of Evidence Will a Wrongful Death Lawyer Need?

One of the things that your lawyer will require to prove your case is your child’s medical records. The records are necessary for throwing out the possibility of the other party claiming that your child had a health problem that caused the death. Other evidence will be acquired by the lawyer hiring an investigator to find out what the drugs your child was prescribed are supposed to be for. He or she will find out the usual dosage amount of that particular medication for someone of your child’s size. The typical drug that should have been prescribed for your child’s condition will also be researched to prove that he or she would not have passed away if given the right drugs.

What Is the Price Charged for a Medical Malpractice Case?

You are looking to pay a contingency fee to a lawyer that depends on how much money is awarded for the physician’s negligence. Basically, you will have to pay an estimated price of at least 20% or more of what is won in court. The money is not usually required to be paid if the lawyer is not successful with helping you get compensated. The lawyer can also request a specific percentage of money based on whether the case is settled before going to court, such as a schedule of fees for each scenario of how the case might turn out. Speak to a wrongful death lawyer about your child’s death as soon as you can! Click here for more info about wrongful death lawsuits. 

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2 Things You Need To File A Medical Malpractice Lawsuit For A Birth Injury

Posted by on Dec 18, 2015 in Uncategorized | Comments Off on 2 Things You Need To File A Medical Malpractice Lawsuit For A Birth Injury

If you have had a traumatizing experience with the birth of a baby, you might be wondering what you can do to get restitution for your injuries and suffering. One way to send a clear message that the treatment that you received was not acceptable is to file a medical malpractice lawsuit. Even though many people have filed medical malpractice lawsuits and have had a positive outcome, not every negative birth experience merits a lawsuit. Here are some things that you need to have to make your lawsuit legitimate.

1. Your Doctor Had To Have Gone Against Protocol and Acted Reckless

One important factor is that the doctor needed to have acted in a way that was reckless and against protocol. For instance, if your doctor did everything that they could to protect you and your baby, and followed every rule and protocol that safety boards and the hospitals have put forth, then you may not have a case against them. Instead, you have to be able to prove that the doctor took risks, was reckless and made decisions that went against what other doctors would have done; and because of their actions, it harmed you and your child. Without this, you may not be able to file a lawsuit.

2. There Had To Be An Injury That The Doctor Caused

Second, there must be an injury that you can prove was caused by the doctor. For example, if the baby was deprived of oxygen because the chord was wrapped around their neck, you may not be able to blame the doctor for this, even if the child experienced an injury from the lack of oxygen. This is because you can’t definitively prove that the oxygen deprivation was caused by the doctor’s choices and not the chord.

In addition, it is important that you can show that there was an actual injury that caused lasting problems or increased medical bills. For example, if you just had a negative experience with the birth of your baby but both you and your baby didn’t sustain any lasting injuries and the treatment didn’t cost you an excessive amount in medical bills, you may not be able to file a lawsuit. Without an injury that you can prove, there is no reason to file a lawsuit.

If you feel like your situation meets these criteria then you should consider talking to a birth injury lawyer right away. 

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4 Ways To Protect Yourself From A Personal Injury Lawsuit

Posted by on Dec 10, 2015 in Uncategorized | Comments Off on 4 Ways To Protect Yourself From A Personal Injury Lawsuit

A personal injury lawsuit filed against you can be financially damaging. Not only will you have to pay for any injuries that have occurred and need treatment, but you will most likely have to pay for court fees, pain and suffering, and loss of income to the injured person, as well. Here are four ways on how to protect yourself from a personal injury lawsuit: 

  1. Keep Your Home and Business Safe: First of all, you want to be sure that your home and business is safe for everyone. If you invite guests over, be aware that their presence means that you are accountable to some degree of their safety. If you have stairs that are not stable or you are working on home renovations, be sure that guests are aware and these areas are restricted to guests if needed. For your business, you should have signs put out that warn employees and customers of potential dangers, such as spills on the floor. 
  2. Understand the Laws: If you own a home or business, it’s important that you understand the laws that surround you keeping the place safe. Different states will have different rules. If you own a business, be sure to talk to a personal injury attorney to determine what specific rules apply to you in your state. 
  3. Have Ample Liability Insurance: Liability insurance is what will help protect you financially if you were to be sued for a personal injury. If you do not have ample liability insurance, you can expect to pay a great deal of out-of-pocket expenses not only on medical bills for the person who was injured, but also loss of income, pain and suffering for the injured and their family, and punitive damages. Be sure that you check with your homeowners insurance and business insurance to decipher just how much liability insurance you have. 
  4. Hire a Personal Injury Attorney: If you are going through a personal injury lawsuit, always be sure that you hire a personal injury attorney who has experience talking with those who were injured. Your personal injury attorney may be able to convince the person who was injured to take a settlement offer, which will save you from having to go to court. This, in turn, avoids the cost of court fees.

By knowing these four ways to protect yourself from a personal injury lawsuit, you can be sure that you do not cause any heavy financial damage to yourself and your family or business. For further assistance, contact a local personal injury attorney, such as one from Stapleton Law Offices.

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Working In The Mines: Can You Still Sue For Personal Injuries?

Posted by on Nov 23, 2015 in Uncategorized | Comments Off on Working In The Mines: Can You Still Sue For Personal Injuries?

Certain jobs come with expected dangers and risks, like mining. If you work in a mine, you know that there is always the risk that walls and ceilings could collapse, or equipment could falter and cause an injury. When that happens, are you still allowed to sue for personal injuries, or should it just be an accepted part of the job? Since many mining operations have unions, these are valid questions you could ask your union representatives before speaking to a personal injury lawyer. Typically, you will find out the following information after talking to both a union rep and an injury attorney.

Looking Over Your Union Contract

When you work in an industry such as mining and you have joined the union, you will need to look over your union contract before proceeding with personal injury lawsuits. Many union contracts make stipulations for the dangerous situations that can occur while on the job. Mining unions often provide for injuries and compensation to anyone stuck in a cave-in and provide for the surviving family members of miners. If you did not join a miner’s union, do not have a union associated with your mining company, or do not have terms in your contract that apply to cave-ins and injuries on the job, then you can see a lawyer.

What the Lawyer Can Do

If you have already surveyed all applicable terms of a union contract and filed for worker’s compensation, then a lawyer can take a look at your case and see what else he or she can do for you. When worker’s compensation for miners is denied, you can sue the company that handles your worker’s comp claims. Your personal injury attorney will explain fully the extent of what you can sue for and what may be covered as a reasonable expense for your injuries in your case. 

Additionally, if you could not get short-term or long-term disability benefits (either because you have not been with the mining company long enough to secure these benefits or because your claims were denied) you can also sue for whatever benefits you may have been entitled to normally. The bulk of your case should rest on suing either your employer or various insurance companies for failing to provide for your medical care and long-term care, if needed. Other routes and civil suits may be pursued if your primary cases are fully defeated. For assistance, talk to a lawyer like Kornfeld Robert B Inc PS.

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3 Key Considerations After Being Attacked By A Dog

Posted by on Nov 11, 2015 in Uncategorized | Comments Off on 3 Key Considerations After Being Attacked By A Dog

Dogs are supposed to be a loving, loyal companion. They are meant to protect you if someone tries to hurt you or enter your home without your permission. But, what happens when someone’s companion ends up turning vicious and attacks you? Not only are you stuck trying to recover from the injuries, but you have to figure out how to proceed with your personal injury case. It isn’t as easy as some might think, but there is a way to help simplify the process and ensure you get the compensation you deserve.

Take pictures of the injuries.

After being injured by a dog, you need to take pictures of the injuries as proof of what happened. Not only does this show how severe the injuries were, but it can also serve as a great timeline for your recovery and how the injury interfered with your quality of life. If possible, take a picture of the dog as well to show what type of dog it was that attacked you.

Have the dog tested.

Ask to have the dog tested for rabies and any other potential diseases. This will help you know whether you need to get a rabies shot or not. There are also tests to determine how aggressive the animal is toward others. A specialist will be able to perform a series of tests in a controlled environment to gauge just how touchy the dog is. This can help you when it comes to being able to get your settlement amount. If the dog is trying to attack anyone it comes in contact with, that is going to be in your favor and help increase your settlement amount.

Never take the first settlement.

Insurance companies will often try to push you into taking their first settlement. However, this is the worst thing you can do. There is no way to know just how extensive the recovery process is going to be or how much you are going to spend on medical bills and lost wages. You need to wait to see just what you are dealing with and give yourself a little time to heal and recover before thinking about settling your case.

The best thing you can do when attacked by a dog is to turn to a licensed attorney, such as Terrence Salerno Law Office, who can handle all of the specifics of the case for you, thus allowing you to focus on recovering from your injuries.

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