Category Archives: Personal Injury
For some people, it is common for them to visit other people’s house. Guests or invitees of such properties, however, should note that its owners are responsible for keeping them safe at all times while inside the property, according to the website of the Abel Law Firm. Visitors, and in some circumstances, trespassers may file legal claims when they sustain injuries inside a property of another person.
Serious or fatal injuries are likely to happen when property owners become negligent in keeping their property safe for other people. Guests may likely suffer slip and fall injuries inside other people’s house when the owner fail to address floor contaminants like water, fluid or oil. From broken staircases, broken floors, and poorly-designed structures, people are at high risk of sustaining serious head and broken bone injuries. In some situations, a person who has been a victim of assault or any acts of violence may file a claim against the property owner if the property does not have sufficient security personnel that may possibly prevent unfortunate situations. Apartment complex is required to have employees who will ensure safety for people inside the premises. Individuals especially younger children are at risk of sustaining water-related injuries like drowning when property owners fail to put warning signs and barriers around swimming pools.
Parents whose children went to someone else property even without permission from the owner may possibly file for premises liability claim when the child sustained injuries while inside the property. Such persons who have decided to file a premises liability claim after sustaining injuries from a likely hazardous property should initially determine if the property owner’s negligence resulted in injuries. Victims of unsafe premises should consider filing a claim mostly if their injuries are serious enough to require extensive hospitalizations or have resulted in permanent disability.Read more
Accidents happen all the time. Some of them are relatively more harmless than others. For example, it’s an unfortunate accident to accidentally step on excrement on the street, yes, but it is incomparably more unfortunate to break a leg or crack your skull due to a very bad fall. Some of these incidents can actually warrant legal action and these are usually called personal injury cases.
Ask any professional, experienced Tennessee personal injury attorney—personal injury cases can happen at any time, any place, and to anyone. Did you know that these next few scenarios can actually be constituted as personal injury cases?
Automobile accidents are probably the most common kind of personal injury case. While these usually happen while on the road, it is not completely unheard for these situations to happen while the car is stationary. You could be waiting to pick someone up and another car crashes into you and causes injury to both yourself and to your vehicle—that is a case of personal injury as harm came to your person due to the careless or negligent actions of someone else.
One of the other most common personal injury cases are situations wherein owners of either public or privately owned facilities must be made liable for the injuries sustained due to negligent ownership of the premises. This is also called premises liability. Something as simple as an unmarked wet floor could cause a “slip and fall” incident so damaging and severe that it makes the victim a quadriplegic in the blink of an eye.
Another kind of personal injury case that is often overlooked is that of medical malpractice. If the medical practitioner who is meant to be helping you cure your illness has shown negligence or has performed not in accordance to the expected necessary standard of care for professionals in this field, then that must be corrected and them, held accountable for their negligent or careless actions.Read more
Many individuals implanted with the Bard G2 IVC Filter are completely unaware of the deadly risks of the device. The filter, made temporary by the FDA, is implanted into an individual’s interior vena cava. The device’s cage-like legs are designed to catch blood clots before they reach the lung. Individuals, especially those who are unable to take blood thinning medicine, often see the device as a viable option to prevent the dangers of pulmonary embolism. However, over 921 cases of adverse effects of the device have been reported, including 27 deaths. Sometimes when individuals learn this, it is too late which is why it is essential for individuals to recognize the warning signs of the device.
Some of the signs of a defective IVC Filter include severe chest pain and difficulty breathing, according to information on the Habush, Habush, and Rottier S.C. website. This is associated with the device breaking off or migrating to the heart or lungs and interfering with breathing and blood pumping functions of the body. The device can also cause hemorrhage to major organs and dangerous metal shards circulating through the blood stream. A defective IVC Filter can also cause severe headaches or stroke caused by shards of the device coming near the brain. Individuals may also experience internal bleeding, rapid heartbeat, and damage to the blood vessels as a result of the filter.
If you have experienced any of these symptoms and had a Bard G2 IVC Filter implanted, the future consequences can lead to life-long injury and even death. Although C.R. Bard, the company behind the filter, allegedly knew of these risks, they failed to warn patients and continued to sell them to doctors. The complications caused by the Bard G2 IVC Filter are often unimaginable and can lead to physical, emotional, and financial turmoil for an individual.Read more
It’s difficult to account for the materials that are in the toys and products used by our children. As a parent, you want to make sure that your child is safe from any harmful substance that can cause serious harm and injury. Thankfully, there are specific government regulations that help keep such accidents from happening.
In the last year, the U.S. Consumer Product Safety Commission (CPSC) issued about 17 million recalls involving products intended for children. These products, which include cribs, baby carriers, clothing, toys, play sets, and stationary activity centers, have been pulled out from the market following stricter safety standards imposed by Consumer Product Safety Improvement Act of 2008.
This improvement in policy and implementation came as a result of a tragic incident involving the death of a 16-month old baby named Daniel Keysar in 1998. Baby Danny was strangled and suffocated when his Playskool Travel-Lite crib collapsed on him. His parents soon found out that the crib has been recalled 5 years before the devastating accident. Despite this recall, they learned that the defects in the crib have caused the death of several other infants. While certain policies were in place to make sure products in the market were safe, it became clear that implementation of such policies weren’t up to par.
Through the non-profit organization they founded called Kids in Danger, Danny Keysar’s parents were able to rally for stricter policies and implementation in products intended for children. About a decade after their son’s death, the U.S. Congress passed the bill that establishes better regulations with regards to product safety.
The bill, nicknamed ‘Danny’s Law’, aims to tighten regulations in safety standards and ensure that manufacturers are complying with each requirement. Among the new policies enacted through Danny’s Law is the issuance of a registration card for products purchased after June 2010. The objective of the card is to help manufacturers contact their customers in case a product needs to be recalled. This supplements announcements made by the CPSC, helping to ensure that information is readily available to the public.
Tennessee personal injury attorneys may inform you that cases of product liability can cause a lot of harm. The risks are even greater when the products in question are intended for the use of children. Thankfully, government regulations have become a lot stricter in recent years. Hopefully, these improvements continue on in the future.Read more
Although there has been a decline in alcohol-related car accident fatalities, this does not mean people are safe from those who drink and drive. Drunk driving is so common that about 40 percent of people in the United States will be involved in an alcohol-related accident at some point in their lives. Despite the numerous advocacies, warning, public awareness and educational programs, a great majority of people still drive while intoxicated.
Alcohol is a depressant that impedes the brain and body. It can cause slurred speech, loose balance, confusion, lack of coordination and slow reaction. The effects of alcohol to the body can differ from person to person, however as a general rule, anyone who has a Blood Alcohol Content or Concentration (BAC) of over .08 percent is considered drunk and unfit for driving any type of vehicle.
As stated in an article from LaMarca Law Group, P.C., anyone who has been injured due to drunk driving can file a lawsuit against a licensee or permittee who has given alcohol or any other form of intoxicating drink to an already drunk person who they know will have to drive a vehicle. This is aside from the lawsuit that the victim can file against the drunk driver.
Because the penalties for driving under the influence (either from alcohol or drugs/medications) are high, there are those who can help lower these fines, especially if the driver has some medical condition that required them to drink then drive. According to the website of this Denton DWI attorney, the laws concerning driving under the influence can be confusing. This is because there are many valid defenses for avoiding a conviction, that are not obvious to the uninitiated. Therefore those who have been accused of drinking and driving need to have a legal understanding given from a proper lawyer to help them in their cases.
Being a responsible driver, you need to understand and respect the rights of other motorists for safety. Drunk driving comes with heavy penalties, however even a high compensation won’t be enough to pay for serious or life-threatening injuries or fatalities. Avoid drinking and driving altogether to prevent such serious car accidents.Read more
Over the years, the standards for issuing driving licenses have been tougher, and in order to improve the road safety for everyone more and more complex training programs have been put out. Nevertheless, despite these actions, car accidents still occur and are a major contributory factor in many personal injuries and fatalities in the United States. Oftentimes, these injuries and fatalities are totally preventable, as they’re the result of unsafe driving habits and general recklessness.
There are various ways that a vehicle can get involved in an accident, but mainly it is the negligence of drivers that causes the majority of road accidents. According to the website of Jeff Sampson, reckless driving is one of the leading causes of car accidents, and the flagrant display of carelessness can put the reckless driver into situations where serious injuries or damages can happen. People who drink and drive, those who disregard traffic signs and signals, speeding, and many others offenses all account for reckless driving. These actions all come with heavy legal penalties.
When the victim has established that reckless driving is the cause of the accident, they have the right to file for compensation against the other driver who caused the injuries. As advised by the Habush Habush & Rottier, S.C. ® physical, emotional, and mental damage can be compensated through a personal injury lawsuit. It should be established that the accident was due to the other driver’s negligence, and that the accident was made with ill intentions. The other driver’s insurance company can pay for the damages, but they should be punished for endangering others on the road as well.
There are over 40,000 deaths every year due to reckless driving; it is an alarming issue that should be examined immediately. Not only will the victim of the accident have to endure the pain and suffering of the injuries that resulted from the accidents, they also miss work, end up with a life-changing condition or trauma, or even have diminished enjoyment of life. Drivers should understand their responsibilities once they are behind the wheel.Read more