What Kind of Cases Fall Under Personal Injury?

Posted by on Dec 3, 2018 in Personal Injury | 0 comments

Most of us spend very little time thinking about the law and lawyers. We see the occasional advertisement for a lawyer on TV or on a billboard, we watch the occasional TV show or movie about a lawyer, but otherwise, the law and lawyers don’t really affect our lives every day and we just don’t put much interest into this area.

However, that lack of understanding about the law, particularly personal injury law, can cause serious problems when something awful happens. If you’re in an accident, you will very suddenly realize that you should have paid a bit more attention to how the law works long before now.

However, it’s fairly easy to catch up on what you need to know. After all, you don’t have to master the legal system; you just need to know when it’s right to contact a lawyer to help you. So, let’s start your legal education by going over just what personal injury law involves and what kind of cases should come to a personal injury lawyer.

Personal injury cases involve any situation in which a person is harmed because another person acted maliciously or negligently. Those cases can take all kinds of forms. To go over some of the most common, we’ll look at the cases a successful personal injury law firm might take. In this case, we’ll look at the cases Adams Law Firm say they can help their clients with. Those cases include:

  • Birth injuries
  • Car accidents
  • Construction accidents
  • Motorcycle accidents
  • Premises liability
  • Trucking accidents
  • Wrongful death
  • Boating accidents
  • Catastrophic injuries
  • Medical malpractice
  • Oil field and offshore injuries
  • Swimming pool filter explosions
  • Workplace injuries

Now, many of the above are self-explanatory, but some may need further explanation. For instance, birth injuries refer to mistakes made during the delivery of a child. The at-fault party who you sue may be the doctor, the nurse, or other medical professionals. When their negligence leads to a serious injury to a newborn child, it’s time to contact a personal injury lawyer.

Similarly, if any kind of negligence leads to a particularly catastrophic injury, such as an injury to the spine or head trauma, you should probably contact a personal injury lawyer. These injuries can lead to long-term problems which can be very expensive, and a lawsuit may be the only way you can pay for your medical bills.

It’s important to point out that these are not the only kinds of cases that can exist in personal injury law, they are just the most common. The basic rule is, once again, that any negligent or malicious action that leads to an injury can lead to a personal injury case.

Knowing if you have a case is the first step towards getting the legal assistance you need. Hopefully, now you at least know whether you should contact a personal injury lawyer. The next step is finding the right one.

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They’ve Poisoned the Pills

Posted by on Oct 20, 2017 in Personal Injury | 0 comments

I bought a bottle of painkillers the other day, and I think they’ve made me sick. I need to know if I should see a doctor about it. I don’t have very good insurance, so I don’t want to take that step, but I feel awful, and I’m beginning to worry.

Here’s the background. I had a headache a few days ago, Wednesday I think it started, and I decided I would get some acetaminophen. It was off-brand, one of the store brands. I don’t have the bottle handy, so I can’t recall which. Anyway, I took the pills, and I expected the pain to go away, but it didn’t, in fact, it got worse.

Now, the thing is, I usually hate taking pills. I wouldn’t say I have a phobia about them, but I really don’t like it. I don’t keep any at home, and I only buy the tiny little bottles when I’m desperate so I can throw away everything I don’t use and not feel guilty about the waste.

But, I’ve now gone through most of the bottle, and my headache isn’t just the same, it’s much worse. And I’ve developed a nauseous feeling as well in the pit of my stomach. My eyes are always a little bad, but I think my vision might be a little blurrier as well.

With all this happening, I stopped taking the pills today, but the symptoms have continued, and I worry that I’ve been poisoned. I’m sure a normal headache would have cleared up by now.

I’m going to give it just one more day, and then I’m going to have to risk it and go to a doctor. I’m terrified about what I’ll find out. Hopefully, it’ll clear up by then.

I really feel someone has to hold these companies responsible. My mother had an ulcer because of some Advil she took in her youth, that’s what’s warned me off painkillers all my life. And now I’ve taken some out of desperation, I see I had it right in the first place.

Where’s the regulation? There’s no way such a big market is regulated well in this country, and it’s just crying out for someone to strike up a lawsuit and to publicize the problem. I hate to think how many other people are lying ill right now because of the same problem. I’m not naive enough to think it was just my particular bottle. It was probably everything on that conveyor belt that day. There could be thousands who feel as bad or worse than me.

If anyone else is having these symptoms, contact me. Hopefully, we all pull through and we can get some justice for this.

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Saving Nursing Home Residents from Sexual and Other Abuses

Posted by on Aug 9, 2014 in Nursing Home Malpractice | 1 comment

There are about 3.3 million elders, accident victims needing rehabilitation and therapy, and mentally disabled young adults residing in 16,000 nursing home facilities all across the United States. Every day, these residents require the care and assistance of registered/licensed nurses, nurse aides and staff in performing even the most basic daily routine of bathing, eating and others.

Thousands of nursing homes, however, do not have enough personnel to guarantee quality performance on all the tasks required by the residents. Thus, instead of genuine care and physical/emotional comfort from their supposed-to-be caretakers many, rather, suffer physical, emotional, sexual (and even financial) abuses from over-worked and stressed-out aides and staff.

Among the types of abuses, sexual is considered to be the most wicked; however, due to shame, threats and difficulty on the part of the abused in explaining his/her unpleasant experience (for fear of being suspected of simply suffering from dementia), this abuse becomes the least reported and it is not easy to detect either.

Fondling, forced nudity, display of pornographic materials, forcing another resident to touch or kiss the victim and forced penetrative acts often accompany this type of abuse. Some probable ways of detecting sexual abuse is by observing the patient for any sudden change in his/her attitude or behavior, over-sensitivity to touch, fear and unexplained scars.

Often, the defense mechanism of sexual victims, to make it appear, as well as convince themselves, that nothing is really happening is by warding-off any thoughts about the abuse and casting an appearance of calmness and composure.

Nursing home abuse is now considered a crime and many states would even charge abusers with felony if proven guilty of the crime. This move is to help minimize the number of abuses committed against nursing home residents each year.

There are also moves to help families find a really good nursing home for their elderly loved ones. In fact a list of the Best Nursing Homes is available in federal Centers for Medicare & Medicaid Services. The government has already identified at least 3,000 good nursing home facilities all across the US. The determining factors considered by the government in identifying whether one home is good or not are quality care, number of staffing (licensed nurses and nurse aides) and health inspections. Detailed information on the best nursing homes and the states where they can be found can be seen in this website.

If you believe your loved one is a victim of nursing home abuse, the best move is to act immediately. Contact a nursing home abuse lawyer to discuss your situation. An experienced attorney will be able to help you through this difficult and confusing time, making sure that you are getting the best representation.

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How to Avoid a Single Vehicle Motorcycle Accident

Posted by on Jun 7, 2013 in Motorcycle Accident | 1 comment

A single vehicle motorcycle accident does not happen as often as a two-vehicle collision but it still happens once for every four motorcycle accidents. The usual reason is collision with a stationary object or taking a turn too fast, but more than two-thirds of it is due to driver error.

It is easy to avoid a single vehicle motorcycle accident because there is only one party involved! According to personal injury attorney, Ali Mokaram, you just need to follow a few simple rules and you should be okay on the day, every day.

1. Don’t speed. Motorcycles are inherently unstable and incredibly maneuverable, so an experienced driver would find it very tempting to go out full throttle at every available chance. The problem with speeding is that it shortens your reaction time to a split second. If something unexpected comes up, such as a deer or other animal on the road, chances are you will not be able to stop or swerve in time, and you will end up wiping out.

2. Watch that turn. In most cases, you are probably all right when it comes to turns and twists on the road, but these are the points where you are most likely to make a mistake by going too fast, leaning too much to one side or failing to recover your balance on time. Pay attention at these points most especially.

3. Avoid drinking alcohol.

4. Keep a safe distance from other vehicles. It’s pretty easy to tip a motorcycle over or make it wobble when a large vehicle like a truck zooms by. As much as possible, avoid lanes where vehicles pass on both sides. Choose the leftmost lane if there’s a shoulder; that’s the safest lane. Don’t stay on the rightmost; that’s where most vehicles exit to and merge with traffic. A wipeout on the highway will not end well for you.

5. Keep your motorcycle well maintained. If your machine works well, you can rely on it stopping when you need it to, executing turns precisely, and keeping you on the road rather than smeared on it.

6. Be visible. A single vehicle motorcycle accident all frequently occurs because other vehicles don’t see you and violates your travel space or otherwise forces you to wipe out or to swerve dangerously. Wear a bright-colored jacket, and favor chrome facings on your ride.

7. Wear safety gear. In case the worse happens and you wipe-out or hit a hedge, you should be wearing a helmet, heavy boots, gloves and denim or leather pants. Ninety-six percent of all single vehicle motorcycle accidents end up in some type of injury. If you do have a single vehicle motorcycle accident, it should at least not be a fatal one.

 

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Storming Through Residential Property Claims

Posted by on Jun 5, 2013 in Insurance | 1 comment

Smith Kendall PLLCIt is undeniable that the frequency of natural and other disasters have been on the rise, and homeowners are relying on their insurers to help them through the wet patches when the time comes. Unfortunately, not all insurers welcome residential property claims with open arms even when it is clearly provided for in the policy. Many homeowners find it baffling when they first make residential property claims that the insurance company they’ve been forking money out to promptly year after year without fuss would not extend the same courtesy.

What most homeowners don’t realize is that the primary goal of any insurance company is not to protect its clients, despite what their commercials might say. Their main concern is to make money, so it is not in their bst interest to pay out a claim.

Insurance companies even have an acronym for what they routinely do: 3Ds. This stands for Delay, Deny, Defend. Don’t be surprised if your insurance company gives you the run-around; that’s what they’re trained to do. If they deny your residential property claims altogether, it won’t be at once, and it won’t be in clear language. There will be a lot of hemming and hawing and shuffling about before they finally tell you they are not paying for your damages. They do this because they’re hoping you will just get frustrated and go away. When you do get mad about not getting what you know you are entitled to, they stick to their guns and their lawyers.

Well, two can play at that game. If you think that your insurance company is putting the 3Ds on you, come right back at them with a residential property claims lawyer in Dallas who knows where to hit them where it hurts most: their pockets. Don’t give up and go away. An experienced attorney will be able to make your case before the civil court and get you the money for the repairs you need to do, and with a little extra for the inconvenience and costs of litigation.

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