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Personal Injury

The Enormous Responsibility of Property Owners

Posted by on May 16, 2017 in Personal Injury | 0 comments

Slip and fall accident is one of the top causes of serious injuries in the US. Based on information from the National Safety Council (NSC) Injury Facts, more than 8 million victims of this type of accident are registered every year.

According to the Consumer Product Safety Commission (CPSC), some of the most serious effects of a slip and fall accident are fracture to the hip, torn muscle and ligament, knee injury and broken bones (wrist and/or elbow). People at least 55 years old are the ones most prone to slip and fall accidents and though this may appear as simple accident to many, it is enough to alter an elderly victim’s life, making him/her incapable of further enjoying years filled with worthwhile and fun activities.

A slip and fall accident can occur in any dangerous property, that is, where there are trip hazards that are not noticeable, exposed wires, uncovered metal or wooden pegs, unnecessary clutter, no warning signs, especially on wet surfaces, uneven floors or walkway, moss-filled floors, inadequate lighting along walkways, unstable surfaces, no railings or guardrails, exposed wires, slippery flooring, and so forth. It can happen in hospitals, inside a church, inside a mall or a restaurant, beside a pool, in the office – practically, anywhere, where the owner of a premise is negligent or careless enough as to allow accident-causing elements to remain in his/her area of responsibility.

Sadly, many lack concern in cleaning their own mess, and still many more do not have the initiative to clean their premise – to make sure that everything is safe. This is because it is all too common for property owners to allow unsafe conditions to exist on their premises. In these situations, visitors or tenants may suffer serious injuries, from spinal and brain injuries to amputations to permanent disabilities. And, in the most tragic of circumstances, a person may be the victim of a wrongful death as a result of unsafe premises.

If they do not want to tidy up things for others’ sake, then, at least, they should get rid of any hazard for their own safety. Always, people who are hurt by someone else are those who totally trust that a place, whether public or private, is safe from danger.

Injuries resulting from a slip and fall accident are called personal injuries. Under the law, the person or party liable for such accident is always the property owner. Thus, owners should be aware that after an accident because of their negligence, a claim lawsuit is sure to follow.

On the responsibility of property owners, Oklahoma personal injury lawyers at the Abel Law Firm, say, “Whether a piece of property is a business venture or a private residence, its owners have a duty towards their guests. They are expected to notice and repair any unreasonable dangers their grounds may pose to visitors. If they fail to do so, they can be held accountable for any injuries that people suffer. This responsibility for guests’ safety is legally known as premises liability. Thus, if you have suffered an injury while visiting a negligently maintained home or business, you could be legally entitled to compensation for your related losses.”

Property owners have an enormous responsibility to maintain their premises in such a way that those who visit or live on the property are not unnecessarily put at risk of suffering serious injuries. However, it is all too common for property owners to allow unsafe conditions to exist on their premises. In these situations, visitors or tenants may suffer serious injuries, from spinal and brain injuries to amputations to permanent disabilities. And, in the most tragic of circumstances, a person may be the victim of a wrongful death as a result of unsafe premises.

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How is a Birth Injury Also a Personal Injury?

Posted by on Jan 5, 2016 in Personal Injury | 0 comments

Sometimes, births are simply fated to be complicated. It cannot be helped. In these cases, it is the rare combination of genes that makes these anomalies possible. And yet, these are rare for a reason as, naturally, humans have evolved to a surviving point that child birth is no longer a strictly fatal situation to be in. The rarity of this being a natural phenomenon is not, however, the issue here—it is how common it is for such birth injuries to have been caused by negligence.

If a child has been born with a birth injury due to the negligence of a practicing medical professional, this can call for legal action. For example, if the physician in question outright ignored signs of a potential problem with the birth or vehemently refused to heed second opinions, and this caused for either the mother or the child to suffer disastrous consequences, then that can possibly constitute as a birth injury.

How is it also a personal injury, though? A Philadelphia birth injury lawyer will tell you that a child, no matter how old, is still a person and like any other person—they can still be hurt enough to the point of disability or even death. Personal injury is the legal jargon assigned to the situation regarding injuries suffered by persons who have been victims of an accident that was made possible due to the negligent actions of someone else. The injury need not only be physical in nature but emotional and mental traumas are also two factors that are taken into account during legal procedures such as this.

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Personal Injury: Accidents Can Happen All the Time

Posted by on Mar 11, 2015 in Personal Injury | 0 comments

Accidents that cause personal injury can happen all the time. A sudden loud noise suddenly makes you drop a dish you were holding, causing it to fall and crash. The bathroom door suddenly won’t open, making you have an accident just on the other side where you were supposed to be. Little things like that can happen on an everyday basis and certainly, they can be dismissed as tiny nuances of day to day life. Nothing consequential and easily overlooked as just something that happened that one time.

But all it takes is one time, one accident to change everything.

Personal injury cases, as defined by the Crowe Mulvey website, are circumstances wherein the neglect of a guilty party (either intentional or not) lead to the injury of another innocent party. The injured party is then warranted to file legal action against whoever caused the accident in order to receive compensation. Injuries that fall into this branch of the law are often debilitating in more ways than one. Sometimes, they lead to temporary or permanent disability. Sometimes, they result into disfigurement or sudden incapability to pursue a profession. Sometimes, in the worst of the circumstances, the end of it all is wrongful death.

This term is a bit of a blanket term that covers a lot of ground as there are quite a few subclasses of personal injury, depending on the circumstance where the accident happened, or who or what was responsible for it. In the term of personal injury, there are subclasses that deal with cases such as medical malpractice, premises liability, child injuries, nursing home neglect, automobile accidents, pharmaceutical defects, et cetera.

These kinds of cases require specialized knowledge as they can get complicated in the long run. The law can different from state to state and there are quite a lot of factors to consider with regard to personal injury cases. That is why it is recommended that if looking for a lawyer to represent your case, it would be best to leave it in the capable hands of one not just dealing with a general grasp of the law but someone with a keen, specialized understanding of personal injury lawsuits.

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Why Hire a Lawyer after a Car Accident?

Posted by on Oct 16, 2014 in Car Accidents, Personal Injury | 0 comments

When a car accident occurs, there are more questions that can pop up than answers. Legal help that specializes in car accidents and understands the laws in your state would help increase chances of having a successful insurance or injury claim against the person at- fault.

When it comes to car accidents it is important to hire a lawyer who not only knows how car accident claims go but also the laws in your state that could affect the outcome of the claim. Each state has statute of limitations regarding cat accident claims, and failure to file a claim or lawsuit in accordance to the state’s statute of limitations would mean losing your legal right for compensation for damages. Claims that can be settled outside of court can go smoothly through the advice and guidance of a good car accident lawyer, while claims that go to trial would require legal representation who understands how to respond to the defenses and arguments raised by the other party. Additionally, having a knowledgeable lawyer would yield a more positive outcome when dealing with insurance companies.

Another important reason why hiring a lawyer after a car accident is beneficial is because after an injury, you may not be physically fit to prepare the necessary documents and procure the evidence important to make your claim. Having a lawyer would lessens you worries about gathering and organizing evidence related to your injury or insurance claim, and would be the one who will file them at the court. They will be the one who will draft a settlement demand letter for the insurance company and will be the one who will file the needed to begin a case.

Lastly, having a qualified Oceanside car accident attorney will guarantee that you are properly protected, fighting for your rights are pushed during the trial, and that your claims will be granted. They will be the one negotiating the settlement, and ensuring that you are fairly compensated for your troubles.

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Tire Safety

Posted by on Sep 13, 2014 in Car Accidents, Personal Injury, Product Liability | 1 comment

The National Highway Traffic Safety Association (NHTSA) provides an online tire safety checklist for all drivers that want to monitor the durability of their tires. In addition to safety tips, the brochure provides maintenance recommendations and a grading system for tire quality. Monitoring the quality of tires could make the difference in avoiding a tire blowout on a crowded highway.

As the brochure recommends, drivers should check their tire pressure to make sure that one low tire pressure isn’t causing the other tires to perform undue work. Another measure to avoid unnecessary pressure is to not exceed the maximum recommended weight load of the vehicle. When they notice it, drivers should remove debris (like glass and rocks) from their wheel tread while checking for unusual wear patterns. Valve caps should always be on the tires in order to avoid premature deflation.

Once on the road, drivers should avoid driving over potholes and curbs if at all possible. Hitting these uneven surfaces (at any speed) can cause a spontaneous tear or eruption of the tire. Sometimes tire accidents cause severe damages to drivers and passengers. Some car accidents related to tire malfunctions cause the vehicle to lose balance and roll while travelling at high speeds.  Rollover accidents are extremely dangerous and can result in serious spinal trauma.

According to the website of the attorneys at Pohl & Berk, LLP, factors that lead to faulty tires are tread separation, weak support cabling, defective rubber composite, and side wall defects. Despite exercising caution and proper safety procedures, some tire problems aren’t able to be avoided. In the event that someone is harmed due to a crashed caused by defective tires the manufacturer of the faulty tire could be held legally responsible.

If you or a loved one has been hurt in a car accident due to defective tires, you may be able to get compensation for your injuries. Contact a personal injury lawyer today to discuss your options more in depth. An experienced attorney will be able to help you through this difficult time, offering you moral and legal support.

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Transvaginal Mesh: Not So Great after All

Posted by on Sep 19, 2013 in Personal Injury, Product Liability, Transvaginal Mesh Lawsuit | 0 comments

Transvaginal Mesh is used to treat two common conditions: stress urinary incontinence and pelvic organ prolapse. Stress urinary incontinence is when leakage from the bladder during things such as coughing, sneezing, laughing, etc. happens as a result of weakening of the sphincter pelvic muscles. Pelvic organ prolapse occurs when the pelvic floor muscles are weak and lose their ability to support pelvic organs such as the uterus and bladder, allowing them to descend from their normal place in the body and push through the vaginal wall.

The transvaginal mesh procedure is intended to provide replacement for the weakened muscles. The mesh is a porous material, either synthetic or biologic.

Unfortunately, these transvaginal mesh procedures have caused a lot of problems for many women in the last few years. As noted on the Williams Kherkher website, “In reality, the use of transvaginal mesh comes with the threat of significant complications and risks that can ultimately negate any benefits of the device.” The FDA has received over 1,000 reports of problems with the surgical repair.

Common injuries resulting from these procedures are pain while urinating, prolapsed organs, fistulas, painful sexual relations, urinary retention, infection, mesh erosion, contraction of the mesh, and mesh exposure.

It is not yet clear what the exact causes of these problems is, but it is likely a number of factors combined. Women should be cautious and explore all possible options when thinking about undergoing transvaginal mesh surgery. In order to better avoid suffering dangerous outcomes such as those mentioned above, women need to be sure and do thorough research before agreeing to this surgery. However, when complications do arise, they’re typically not the woman’s fault by any means. Massachusetts personal injury attorneys can help women who’ve been injured through defective vaginal mesh or improperly performed surgeries seek compensation for their undue injuries.

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