Wednesday, December 2, 2009
Birth Injuries and How They Occur
* Excessive force used in the delivery of the baby including the use of forceps;
* A delay in the performance of a necessary C-section;
* Failing to recognize on a timely basis that the baby is in distress;
* Depriving the baby of oxygen during the delivery;
* Failure to order specific tests during pregnancy and/or not properly interpreting tests; or
* Lack of oxygen to the brain or trauma to the head during labor and delivery.
Because the types and degrees of birthing problems are so varied, the complications associated with these injuries can be quite different. The problems associated with birth mistakes could include:
* Mental and physical developmental problems having lifetime implications;
* Brain damage;
* Respiratory Problems;
* Cerebral Palsy which is a brain disorder that can cause problems affecting a person's ability to control muscles, walk, use one's arms and legs and may result in seizures and decreased mental abilities; or
* Erb's Palsy which is an injury resulting in the compression of a person's brachial plexus nerves that control various arm functions. Often times a person who has Erb's palsy can develop arm length retardation as they grow.
If you suspect that your child has suffered an injury as a result of hospital, doctor or medical malpractice, it is extremely important that you contact an experienced malpractice attorney who has expertise in the handling and presentation of birth cases.
An attorney should be contacted immediately if one suspects that the birth injuries were caused by medical negligence.
You will also need the opinions of medical experts to help develop your case. Your attorney will be able to suggest a team of experts that can range from private investigators to doctors to economists to help develop your case. In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.
SelectCounsel, LLC can refer you to one of the best law firms in your area and arrange for a free consultation for you to speak with one of those lawyers.
Friday, November 13, 2009
How To Get More Money For Your Loss of Earnings
Again, it is very important to be as detailed as possible in keeping accurate records. Make sure your doctor understands your physical limitations and how it affects your job so that your doctor can place this information in your medical record to help support your lost income claim. You will be asked to provide tax returns for approximately the last three to five years. Unfortunately for many, this income history does not adequately explain your current situation or what your future may be. You will also want to prepare a year-to-date financial statement that indicates your current financial position. You will need to present as much evidence and proof as possible to establish the losses you are claiming. It is a good idea to make copies of your calendar of appointments and get letters from current or prospective clients or customers to provide a better picture of lost income or loss of future business or opportunities. Another difficulty for a self-employed businessperson is that you are generally doing your job and marketing for future work at the same time. For more complicated cases, it might be prudent for us to hire a forensic accountant or an economist to help clarify your lost income situation. Many times, claims of loss of income by self-employed businesspeople are speculative and difficult to prove. Because you know your business better than anyone else, including your attorney, it is necessary for you to provide the best possible documentation to help prove your claim. Your attorney may want to hire an economist or vocational expert to help determine your losses. Commissioned Salespeople If you are a commissioned salesperson and are out of work due to injuries sustained in an accident, it may be very difficult to prove what income you lost as a result of not being able to work. It would be difficult to prove what new orders you might have received, how many new clients or customers you would have gotten, and how much additional income you would have had. You should make a copy of your day planner to show what accounts you were working on or were scheduled to begin working on. You should get a copy of your year-to-date commissions and make a list of all prospects that you have "in the pipeline." You should get letters from your employer and make a list of your current accounts and any future accounts that you may be working on. You could also get letters from your coworkers or other salespeople who can help verify what you were doing in the way of business.
Your Accountant Perhaps the best type of documentation and/or proof to help establish your loss of income claim would be a detailed letter on your accountant's letterhead that explains in detail your business, any seasonal changes you experience in your income, why your business and income were on the rise, forecasting what your income would have been and explaining in great detail the reasons behind that calculation, and any other information that is relevant to explaining any loss of income or business which you incurred or can expect to incur.
Proving Your Case As the injured party, it is up to you and your attorney to prove your case to either the finder of fact, which can be an adjustor, arbitrator, judge, or jury, by a preponderance of the evidence. In loss of income cases, it is very important to present as much "proof" as possible to support your claim. Many times this can be done with letters from employees, coworkers, family members, and friends who can explain why you are not able to work or cannot earn what you were once making. At other times, paystubs, tax returns, expert reports (economists or accountants), and letters from current or potential customers or clients will help to make your case. You should remember that insurance companies rarely rely on oral representations of facts, so don't think it will be enough for you to just say you could not work. You must have written materials to corroborate your representations. Put yourself in the mind of the insurance adjuster, arbitrator, judge, or a member of the jury. What proof would be necessary to help you decide what would be the greatest amount of money to award for past loss of income, future loss of income, or diminution in one's business? While there is no hard-and-fast rule as to what to present, you should be as comprehensive and creative as possible. You should discuss all aspects of your business with us so that a comprehensive loss of income claim for your personal injury or medical malpractice case can be developed and presented.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."
Tuesday, September 8, 2009
Have You Suffered One Of The Most Common Forms Of Medical Malpractice?
Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case.
Wednesday, August 26, 2009
One of the Greatest Misconceptions About Medical Malpractice Cases
Perhaps one of the main reasons that these people do nothing about pursuing the responsible party is because they realize that these cases are very costly to develop and they have little or no money, so they feel that they cannot go after a doctor or hospital that has far greater resources.
Medical malpractice cases are handled by lawyers on a contingency fee basis which means that the attorney or law firm retains a percentage of the monetary award through a settlement or after a trial. If there is no recovery then the client owes the lawyer nothing for a fee.
Still other people may think that medical malpractice cases are very expensive to develop and they do not have money to pay all of the experts that will be needed to properly present their case. Most, if not all, experienced medical malpractice attorneys will advance all of your costs. A large percentage of these lawyers, assuming the rules of that particular state allow for it, will agree not to seek reimbursement of those costs if there is no recover, especially when you have a very good case with a potential for a large recovery.
If you or someone you know has been injured through doctor malpractice, hospital malpractice or medical malpractice you should contact an experienced malpractice attorney immediately.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."
Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case.
Monday, August 17, 2009
All Terrain Vehicle (ATV) Accidents: What To Do To Help You Collect More Money For Your Case
Injuries from ATV accidents are more serious than most recreational injuries. The CPSC reported that only 2 percent of injuries from other consumer products result in hospitalization compared to the 9 percent that result in hospitalization from ATV accidents.Most deaths from ATV accidents are related to head injuries. Some nonfatal but serious injuries include abdominal injuries, spinal and head trauma and multiple trauma. Extremity and clavicle fractures, lacerations and abrasions are some of the less serious injuries that can result from ATV accidents. Victims of ATV accidents can suffer from both short and long term disabilities.
A party who suffers personal injuries in an accident caused by the fault of another could expect to collect monies for past and future medical care and treatment, past and future loss of income, damages related to permanent disabilities, loss of life's activities and where appropriate, a separate claim could result for loss of consortium for the spouse.
After being in an ATV accident, you should speak with an attorney familiar with these types of claims at the earliest possible moment to assist you in developing your case. An experienced personal injury attorney can explore various theories of liability which may involve multiple parties. Additionally, speaking with an experienced accident lawyer can help you to maximize the value of your case which could result in your getting more money for your case.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case"
Friday, August 7, 2009
Rollover Accidents: How They Happen and What To Do
SUVs are particularly susceptible to rollovers because they have a high center of gravity. Adding to the tendency to roll over, is the typically narrow width between the left and right wheels and raised height of the vehicle to accommodate four-wheel drive. This all combines into reduced stability. This stability is decreased even further when passengers or heavy cargo are loaded into the SUV.
Light trucks with four-wheel drive have reduced steering capacity to negotiate sharp curves or corners, while minivans with raised suspension that carry several passengers are also more likely to roll over.
A rollover can be either "tripped" or "un-tripped". A tripped rollover occurs when a vehicle is sliding sideways, most often because of cornering too sharply while traveling at too high a speed, and the tires hit a curb, slide across uneven pavement surfaces, dig into soft soil, hit a guardrail or bump into a snow bank. Another scenario for a rollover is where a vehicle is traveling at a high rate of speed and one side of the vehicle rides up against an object, such as a guardrail. The third kind of rollover is when a vehicle is attempting to drive down a slope so steep the vehicle cannot remain upright.
Tripped rollovers account for 95 percent of rollover accidents.
The remaining 5 percent of rollover accidents are un-tripped. Un-tripped rollover accidents are usually caused when a vehicle swerves to avoid a collision at high speed.
Speed, together with alcohol, is a large factor in fatal rollovers. Seventy-five percent of fatal rollover crashes are attributed to speeds higher than 55 miles per hour on rural roads on weekend nights. Research indicates driver distraction may be responsible for fatal single vehicle rollover crashes as, at the time of the accidents, most drivers were driving under favorable conditions.
Approximately 15 percent of rollover crashes involved a collision with another vehicle. A side impact collision is most likely to cause a rollover.
Unlike front, rear and side collisions, a rollover crushes the roof which often times cause severe head injuries for occupants who are restrained inside the vehicle. Seventy-five percent of occupants who died in rollover collisions are ejected outside the vehicle through broken windows, windshields and doors.
If you, or a loved one, were an occupant of a vehicle involved in a rollover crash, it is advisable to contact an attorney experienced with rollover accidents to obtain legal advice.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."
Saturday, August 1, 2009
Campsite Accidents: Who Can You Look To For Your Damages
Camping brings visions of trail hikes, canoeing, swimming, lazing on the beach, toasting marshmallows over the campfire and having a good time with family and friends.
As ideal as camping sounds, there are hazards, some of which can cause personal injuries or damage and loss to personal property.
Many campsites are equipped with electrical services. If these services are outdated or in poor condition, the possibility of an electrical fire exists. These electrical accidents can form the basis of a personal injury or wrongful death lawsuit.
Campsite bathrooms and showers pose a slip and fall risk. Tile floors which are not kept reasonably clean and dry are potentially dangerous.
Swimming pools can be the scene of happy children playing while parents relax in poolside chairs. The pool can also be the backdrop to the common occurrence of slip and fall accidents because of a treacherously wet and slippery pool deck.
There may be more than chlorine lurking in pool water. Parasites in the water can cause severe stomach cramps and illness.
Diving into a shallow pool risks a tragic and often life-long injury to the spine.
At the beach, buried glass or other sharp objects can cause serious injuries. The same is applicable for any open playing fields.
Many campgrounds offer playgrounds for small children. Fractures are a frequent injury suffered by children falling off sometimes defective playground apparatus.
Family-oriented campgrounds often have a BBQ, or some other food, celebration and invite all the campers. Food that has spoiled from lack of refrigeration can cause salmonella, which, in some cases, is a very serious illness.
Campground operators carry a heavy liability burden. This means they are responsible for their acts and omissions. For instance, if they do not have warning signs posted that diving in the pool is prohibited or if they have permitted the electrical services to deteriorate to a hazardous state.
It is not only campground operators who have obligations and responsibilities; so do your fellow campers. If other campers cause you injury, damage or loss, you may have the right to seek compensation.
An example is a camper who brings an aggressive or vicious dog into the campground and lets it run loose or it escapes from his or her campsite. If that dog were to bite a person or, even another dog, the owner would have responsibility for injuries suffered by others.
Another situation may be where a camper builds their fire too high and the surrounding vegetation catches fire. If that fire were to consume personal property, such as tents, vehicles, that person would be liable for their actions.
While everyone expects their vacations to be great fun and to go home with special memories of the trip, sometimes campsite accidents happen that result in serious injuries or death.
If you, or a loved one, have experienced a campsite accident which resulted in injuries, damage or loss, an attorney experienced in personal injuries and civil litigation will provide you with important legal advice.
Sunday, July 26, 2009
How Insurance Companies Don't Pay You For Your Claim and What You Can Do About It
You have paid you insurance coverage premiums for years without a claim. Now you have a claim, and are confident the insurance company will pay you the value of your claim immediately. The insurance company agent assured you that the policy fully covered you when you purchased it.
Reality versus your assumptions is about to set in. You have reported your claim and have provided all the requested details to your insurer. You wait patiently for confirmation of coverage. Sadly, you may be more likely to receive a letter denying your claim than a check.
Many of the insurance giants instituted a policy of denying claims in an effort to become more profitable. To encourage adjusters to find creative reasons to deny valid claims, some insurance companies started an incentive program where employees were rewarded for finding reasons to deny a claim. Common reasons for denial include paperwork errors and expiration of time periods for submission of documents.
Insurance companies have two major reasons to delay payment of claims. The first is, if the settlement is delayed long enough, there is a chance the policyholder may die before payment is made. If the policyholder dies, the process for collecting the funds becomes more difficult. The second reason is the longer the insurer delays in making payment, the more time the insurance company has to hold onto premiums and earn money on their investments. Not only do insurance companies delay payments, they also attempt to delay court proceedings. The insurer hopes the net result will be you give up because of the stress in continuing the fight or settle your claim for less than full value.
The final component of this strategy, defend, often begins with a low-ball offer. Some insurance companies have presented offers as low as $50 to claimants. Insurance companies have developed effective protocols for dealing with specific claims through experience and case law.
There are certain ways of protecting your claim:
- Read your policy thoroughly and be sure you understand what you are entitled to receive;
- Involve a lawyer as soon as practicable;
- Fill out forms carefully. A honest mistake can be used by the insurance company to deny your claim;
- Write letters or send emails rather than make phone calls to the insurer. Everything you say needs to be on paper as proof if you have to fight for your settlement;
- If the insurance company sends you a check for premium refunds because they are canceling your insurance, do NOT cash the check. If you do, this may be seen as agreement with the insurer's decision;
- Do not give up. Perseverance may win the day even if it takes a long time.
- Involve your Insurance Commissioner's office if the problem warrants it.
If your insurance company is utilizing the "deny, delay and defend" strategy against you, it is strongly recommended you contact an experienced insurance attorney to protect your rights.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of SelectCounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."
Monday, July 20, 2009
Motorcycle Accidents and What To Do About Them
In 2007, 5,154 motorcyclists died in accidents. In 1997, there were 2,116 fatalities. In the last decade, fatalities have more than doubled. In just one year, from 2006 to 2007, there was a 7 percent increase in fatalities. Since the Highway Safety and National Traffic and Motor Vehicle Safety Act of 1966 was enacted, approximately 142,000 motorcyclists have died.
In 2007, fifty percent of motorcycle fatalities resulted from collisions with another motor vehicle. The most common crashes involved a vehicle that turned left in front of a motorcycle which was travelling straight or passing the other vehicle. In about 78 percent of the fatal crashes, the motorcycle was hit on the front. A substantial number of fatal crashes occurred when both another vehicle and the motorcycle were travelling straight.
Motorcycles are more likely than passenger cars and light and large trucks to be in a single vehicle fatal crash with a fixed object. In 2007, 25 percent of motorcycle fatalities were from impact with fixed objects.
Caucasians suffered the majority (77%) of deaths, while African-Americans, Hispanics and Native Americans shared 17 percent of the fatalities.
Motorcycle crashes are two times as likely to happen on weekends versus weekdays. Ninety percent of the motorcyclists who died were operators and 10 percent were passengers.
Motorcycles with 501-1,000cc engines were involved in 41 percent of fatal accidents and 1,001 – 1,500cc size engines were involved in 38 percent. Of the motorcyclists killed in accidents riding 1,001 – 1,500cc motorcycles, two-thirds were over the age of 40.
Injuries sustained by motorcyclists have also been on the increase. In 2007, 103,000 motorcyclists suffered injuries, an increase of 15,000 from 2006.
The primary injury sustained in a motorcycle crash is a head injury. Studies have shown that wearing a motorcycle helmet, which meets the requirements of Federal Motor Vehicle Safety Standard 218, is the crucial factor in whether a motorcyclist survives a crash. In 2007, helmets saved the lives of 1,784 motorcyclists. Another study revealed helmets are 67 percent effective in head injury prevention.
The National Highway and Traffic Safety Administration estimates 19,230 motorcyclists survived crashes from 1984 to 2006 because they wore a helmet. Another 12,320 people would have lived if they had been wearing a helmet. In 2007 alone, the NHTSA predicts 800 people would not have died if they had been using a helmet.
Currently, 20 states, the District of Columbia and Puerto Rico have laws that make helmet use mandatory for motorcycle operators and passengers. Another 27 states have helmet laws with varying stipulations, such as a certain age, a specified period of driving experience time and medical insurance coverage for injuries sustained in a motorcycle accident. Three states have no laws whatsoever regarding helmet use.
If you, or a loved one, has been involved in a motorcycle accident, it is important you contact an attorney experienced with motorcycle crashes and traumatic personal injuries to receive legal advice and information regarding limitation times for filing a lawsuit.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books “How To Find A Great Lawyer” and “Understanding And Improving The Value Of Your Personal Injury Case.”
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.
Sunday, July 12, 2009
Birth Injuries Resulting in Medical Malpractice
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.
Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case
Tuesday, July 7, 2009
How Can I Improve My Chances of Winning My Medical Malpractice Case?
If you feel you have been the victim of medical malpractice please contact http://www.selectcounsel.com/ to see if we can help you find one of the best lawyers in your area for your case. Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case." Please visit http://www.selectcounsel.com/ to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case.
Monday, June 22, 2009
Why You Can Afford To Hire One of the Best Lawyers
Perhaps one of the main reasons that these people do nothing about pursuing the responsible party is because they realize that these cases are very costly to develop and they have little or no money, so they feel that they cannot go after a doctor or hospital that has far greater resources.
Medical malpractice cases are handled by lawyers on a contingency fee basis which means that the attorney or law firm retains a percentage of the monetary award through a settlement or after a trial. If there is no recovery then the client owes the lawyer nothing for a fee.
Still other people may think that medical malpractice cases are very expensive to develop and they do not have money to pay all of the experts that will be needed to properly present their case. Most, if not all, experienced medical malpractice attorneys will advance all of your costs. A large percentage of these lawyers, assuming the rules of that particular state allow for it, will agree not to seek reimbursement of those costs if there is no recover, especially when you have a very good case with a potential for a large recovery.
If you or someone you know has been injured through doctor malpractice, hospital malpractice or medical malpractice you should contact an experienced malpractice attorney immediately.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case." Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.
Tuesday, June 16, 2009
Do I Have A Medical Malpractice Case Involving A Birth Injury?
* Excessive force used in the delivery of the baby including the use of forceps;
* A delay in the performance of a necessary C-section;
* Failing to recognize on a timely basis that the baby is in distress;
* Depriving the baby of oxygen during the delivery;
* Failure to order specific tests during pregnancy and/or not properly interpreting tests; or
* Lack of oxygen to the brain or trauma to the head during labor and delivery.
Because the types and degrees of birthing problems are so varied, the complications associated with these injuries can be quite different. The problems associated with birth mistakes could include:
* Mental and physical developmental problems having lifetime implications;
* Brain damage;
* Respiratory Problems;
* Cerebral Palsy which is a brain disorder that can cause problems affecting a person's ability to control muscles, walk, use one's arms and legs and may result in seizures and decreased mental abilities; or
* Erb's Palsy which is an injury resulting in the compression of a person's brachial plexus nerves that control various arm functions. Often times a person who has Erb's palsy can develop arm length retardation as they grow.
If you suspect that your child has suffered an injury as a result of hospital, doctor or medical malpractice, it is extremely important that you contact an experienced malpractice attorney who has expertise in the handling and presentation of birth cases.
An attorney should be contacted immediately if one suspects that the birth injuries were caused by medical negligence.
You will also need the opinions of medical experts to help develop your case. Your attorney will be able to suggest a team of experts that can range from private investigators to doctors to economists to help develop your case.
In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney.
SelectCounsel, LLC can refer you to one of the best law firms in your area and arrange for a free consultation for you to speak with one of those lawyers.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."
Monday, June 1, 2009
Emergency Room Misdiagnosis and Medical Malpractice
Tuesday, May 26, 2009
How To Reduce The Chance of Becoming a Victim of Medical Malpractice
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case." Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.
Tuesday, May 19, 2009
What You Need To Know Before Starting A Medical Malpractice Lawsuit
The statute of limitations is the time period specified by law within which your medical malpractice action must be filed. If you do not file within the applicable statute of limitations period, your claim could be subject to dismissal, preventing you from pursuing the claim regardless of the merits of the case.
Statute of limitations dates vary from state to state. Some states provide that the action be filed within the applicable time period from the date of the injury, while other states allow for a tolling, or extension, of the filing period from the date of discovery of the injury.
Under certain circumstances, if the claimant is incompetent or is a minor, some states allow for a tolling of the statute of limitations until the claimant becomes competent or reaches their majority.
There are also certain notice provisions that have very short limitation periods, especially those that relate to local, state, or federal governmental entities. In certain circumstances, if you do not comply with the statutory notice provisions, you may lose the right to file your lawsuit, even if you act within the applicable statute of limitations period.
The statute of limitations in any particular case may be somewhat difficult to calculate, because a claim may involve different causes of action against different defendants. Once you miscalculate when the statute has run or fail to properly provide statutory notice, your claim may be forever barred despite its validity or the extent of your damages.
The doctrine of joint and several liability holds that a number of defendants who engaged in separate and independent acts of negligence that combined to cause a single injury are held to be jointly and severally liable. In other words, if one party was 1 percent at fault and the other parties were 99 percent at fault, the party who was 1 percent at fault could be held responsible for 100 percent of the damages suffered by the injured party.
The law of joint and several liability varies from state to state, and a number of states have somewhat complicated variations or modifications of this rule.
Vicarious liability concerns the ability to hold institutions or companies liable for the acts of their nonemployee affiliated personnel. For example, in some states, a hospital may be liable for the negligence of a physician acknowledged to be an independent contractor, while in other states, hospitals may not be liable for the acts of non-employee members of the medical staff.
In certain states, a plaintiff in a medical malpractice suit must file a certificate of good faith, or a similar document, that states that a medical expert has reviewed the file and has determined that there is a good-faith basis for a malpractice claim.
Medical errors happen. Your best defense against a medical error is taking a pro-active stance in your healthcare. If you suspect that you are the victim of prescription medication malpractice you should contact a qualified medical malpractice lawyer immediately for advice.
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case |
Thursday, May 14, 2009
Medication Errors and Medical Malpractice
Over a million people a year in the US are harmed by medication errors. A medication error can be defined as any preventable event that may cause or lead to improper medication usage and patient harm while under the care and/or supervision of a health care professional.
Prescription errors can be the result of improper order communications, improper product labeling or instructions, compounding, dependency, prescribing, administration, monitoring or use.
In a study performed by the FDA involving fatal medication errors from 1993 to 1998, the most common error was related to the administration of an improper dosage of medicine which accounted for 41% of all fatal medication negligence. The administration of the wrong drugs and using the wrong means of administration each accounted for another 16% of the fatalities. Almost one half of the cases involving medically negligent situations occur in people over the age of 60. The reasoning behind the higher percentage of 60 and over deaths is due to the multiple medications that are often taken by this demographic.
When you are prescribed a medication, have all issues and information described to you: the name of the drug; any generic equivalents; the dosage; what it is used for; any side effects; literature you can review; and what are the potential adverse reactions with the dosage you are currently taking. Make sure you understand, how and when to take the medication, the dosage, storage requirements and any special instructions.
By becoming actively involved in your health care you can help to minimize the incidents of medical malpractice and you can help to avoid becoming a victim of medical negligence.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."
Wednesday, May 13, 2009
Do I Have A Wrongful Death Case?
Motor Vehicle Accidents
In 2007, 41,059 people died in motor vehicle accidents in the United States. While there are no statistics available as to how many of these were due to the negligence of a third party, the likelihood of wrongful death is highest in this category given the sheer number of fatalities.
Common causes of fatalities in motor vehicle accidents that result in lawsuits include speeding, reckless driving, driving while under the influence, vehicle equipment malfunction and driver inexperience.
Medical Malpractice
Medical malpractice occurs when a physician does not provide medical care to an expected standard of competence or dispenses medical treatment that a competent doctor would not have given. This may also be applicable to health care providers, such as nurses.
Preventable medical errors take the lives of approximately 98,000 Americans per year. That equates to 285 deaths every day.
Medical malpractice runs the gauntlet from prescription mistakes to failure to diagnose or misdiagnosis to negligent maternity care, with an alarming number of causes in between.
Workplace Accidents
In 2007, a total of 5,888 people died as a result of accidents in the workplace.
The number one cause of these types of cases was motor vehicle accidents and represents approximately one-quarter of the workplace fatalities.
In 2007, 835 workers died in falls, whether from non-moving vehicles, on the same level, into holes or from roofs, to place this form of workplace accident in second position.
Other workplace accidents noted in the Department of Labor's statistics were caused by: falling objects; electrocution; homicides; railway incidents; aircraft incidents; struck by mobile equipment; fires and explosions.
Ninety percent of workplace fatalities occur in the private sector, primarily in the service providing and goods producing industries.
Product Liability
One out of every 125 men who dies over 50 years old is a victim of asbestos-caused diseases. It can take from 10 to 40 years for diseases caused by asbestos to develop.
Ten thousand deaths per year are attributable to asbestos, just under 3 per day.
Approximately 9,000 people die each year from food poisoning. Deliberate product tampering or unsafe manufacturing practices which cause accidental contamination may be at fault.
Product cases can also stem from pharmaceuticals, unsafe packaging, failure to place warnings regarding the product on packaging, mechanical failures, improper or unsafe building construction and unsafe vehicle design.
The above information is not meant to be comprehensive but, rather, a general overview of common causes of wrongful death.
To receive specific legal advice pertinent to your circumstances, an experienced personal injury attorney should be consulted.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."
Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.
Monday, May 11, 2009
How To Get More Money For Your Personal Injury Case
The best time to enter into settlement negotiations for your accident case is once you can completely and accurately document both the at fault party's responsibility for the injuries and the severity of those injuries.
It is therefore very important for your injury attorney to conduct a prompt investigation of your case including and detailing your injuries and to identify the responsible parties. This should be done at or very near the time that your attorney takes your case.
Your lawyer should not start settlement discussions until such time as you have reached maximum medical improvement which is the point in time when your doctor tell you that there is nothing more that can be done to improve your medical situation. Once your doctor advises you that you are as well as you are going to be you can then get your lawyer to obtain a final medical report from your doctor which will detail your course of care and treatment along with your disability rating(s) as it relates to your affected body parts.
It would not be possible to properly evaluate your case (determine its value) until you have obtained your doctor's final medical report of you. Otherwise, you would not know how much longer you would require treatment, whether your condition would change and whether you would require future surgery.
The exception to this rule is when your injuries and damages clearly exceed the value of the responsible party's insurance coverage and where the responsible party does not have any assets or mean of paying or satisfying any judgments in excess of the insurance policy limits. In that case, your lawyer might explain that your only real option is to accept the insufficient policy limits for any one of a number of reasons.
Once your lawyer properly documents both the severity of your injuries and the reasons why the defendant is responsible for your damages, it is time to draft a settlement demand package.
Although your attorney is the expert on drafting such a document and on the evaluation of your claim it is important that you be involved in this process. You should be consulted about your input and your feelings. Remember you are the expert on your treatment and how your injuries have had an impact upon you.
After your lawyer has completely documented your case and you have given your attorney all of the information about the affect this injury has had on your life your attorney can properly evaluate your claim. Have your attorney explain how the value of your case was determined. Ask questions, point out things you do not think your attorney considered and have your attorney justify the value of your case to you. Ask what jury verdict research has revealed. You should also discuss your attorney's settlement strategy with you. If your attorney feels that your case is worth X number of dollars does your attorney first submit a demand of 2X or 3X? Does the attorney demand a 1 1/4 X or 1 1/2 X? Why does the attorney feel that their particular demand is the best way to go about starting the settlement process?
If your initial demand is to high many time insurance companies might not engage in a settlement discussion because they feel you are being too unrealistic about the value of your claim. If your demand is too close to the value your attorney feels your case is worth, you might not get fair value for your case.
Although your attorney is the expert in this area it does not hurt for you to question your attorney's judgment and to have your attorney justify what he/she is doing.
Your attorney has an obligation to keep you informed as to all settlement offers and you ultimately decide when, if at all, to settle your case. It is very important to rely upon and listen to your attorney's counsel because he/she is the expert in that area.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in cases ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case." Please visit SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.
Friday, May 8, 2009
Commercial Truck Accidents
The Bureau of Transportation Statistics reports there were 7,006,408 commercial freight vehicles, 5,264,554 single-unit trucks and 1,741,854 tractors, for a total of in excess of 14,000,000 trucks on U.S. highways in 2007.
Data compiled by the Fatality Analysis Reporting System and Motor Carrier Management Information System reveal there were a total of 195,767 large truck crashes in 2007. Of these, 4,368 were fatal crashes, 136,438 non-fatal crashes and 54,961 injury crashes. The number of injuries reported was 80,752.
The initial points of impact, in descending order, were the front (45.7%), rear (15%), left side (8.4%), right side (4.8%) and other or unknown (0.8%).
Large truck fatal accidents mostly happen in rural areas (68%) on weekdays (78%) during daytime hours (66%). Combination trucks were responsible for 76% of fatal crashes. Additionally, large trucks are more likely to be involved in fatal multi-vehicle crashes.
Of injuries sustained or deaths occurring as a result of collisions with large trucks, 65% were drivers of passenger vehicles, 31% were passengers; 3% were pedestrians and 2% were cyclists.
A list of common causes of truck accidents includes:
· Speeding
· Driving at unsafe speeds due to weather or road conditions
· Failure to yield the right of way
· Aggressive driving
· Driving off the road
· Backing up
· Inadequate training or unlicensed driver
· Drug or alcohol use
· Driver fatigue
· Disobeying safety procedures
· Overweight loads
· Improper loading or shifting of load
· Motor vehicle inspection failure
· Repair or maintenance failure
· Mechanical or brake failure
· Tire blow-outs
· Roll-overs
Trucking companies are regulated by the Federal Government which implements rules and regulations for both commercial trucks and owners. Federal regulations stipulate the amount of hours a driver is permitted to be on the road each day.
A minimum of $750,000 of insurance for bodily injury and property damage is required by Federal law for trucks traveling interstate. As well, most States also require a specific level of insurance for trucks not covered by Federal law.
Additional regulations must be followed by commercial trucks carrying hazardous or inflammable materials, such as placards attached the truck identifying the material and imposing a lesser speed limit.
The average truck driver earns approximately $32,000 a year or $30.3 cents per mile, with an owner/operator making marginally more money. For every dollar of revenue a truck earns, only 4.8 cents is profit. Unfortunately, this leads to many truck owners cutting costs by neglecting necessary maintenance. Drivers are often compelled to speed, drive for longer periods than permissible and drive aggressively in order to earn a better wage.
Truck collisions are often catastrophic because of the sheer size and weight of the commercial vehicles. Occupants of passenger vehicles, pedestrian and cyclists, if they survive, frequently suffer devastating injuries which may affect them for the rest of their lives. Enormous medical bills, pain and suffering, emotional trauma and loss of earning capacity are just a few of the possible consequences. For those that do not survive, their families are further burdened by funeral costs and the catastrophic loss of a loved one.
If the truck owner and/or driver is deemed to be fault for the accident, a lawsuit might be commenced against the driver, the trucking company, trailer owner, shipper and/or the manufacturer of equipment attached to the truck (for example, tires) and/or other parties who share responsibility.
If you have been involved in a truck accident, or lost a loved one due to a truck accident, it is recommended you contact an experienced accident attorney for legal advice on protecting your rights prior to speaking to the truck's insurer.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case."
Please visit http://www.selectcounsel.com/ to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.
Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case.
Thursday, May 7, 2009
Secrets Lawyers Want To Keep From You When Committing Legal Malpractice
Ways Medical Malpractice Happens
Medication errors - 80% of US adults use some form of over the counter medication, prescription medications, or dietary supplements in any given week. It is estimated that medication errors injure a million and a half people a year. The causes range from improper prescriptions, to sloppy handwriting, to confusion over similar drug names. It is therefore recommended that a patient keep a complete list of all medications, vitamins and over the counter medications that they take along with the dosages.
Poor communication between doctor and patient is another cause of medical errors. Ask questions, have all tests and diagnostics explained to you. Question your doctor as to any issues which you don't understand or disagree over. Ask what else can be done, what other tests can be ordered and inquire about alternative forms of treatment or therapy. A good practice is to keep a complete medical file on you and all of your family members. Hospital errors including bed sores, falls, infections and failure to respond to patients in distress are common forms of hospital negligence. It is important that each patient have a family member or a friend act as a health advocate to monitor and follow up on the patient's care.
Surgical mistakes account for thousands of injured patients every year. These include surgery being performed on the wrong patient or wrong sided surgery. Make sure to discuss the procedure in detail with your surgeon and have the surgical site marked with a permanent marker. If patients, their family members and health care advocates took on an active role in their medical care then many medical errors could be avoided.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case." Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.
Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case.
Article
Tuesday, May 5, 2009
Legal Malpractice Resulting From Poor Communications
Monday, May 4, 2009
What Doctors Don't Want You To Know
Perhaps one of the main reasons that these people do nothing about pursuing the responsible party is because they realize that these cases are very costly to develop and they have little or no money, so they feel that they cannot go after a doctor or hospital that has far greater resources.
Medical malpractice cases are handled by lawyers on a contingency fee basis which means that the attorney or law firm retains a percentage of the monetary award through a settlement or after a trial. If there is no recovery then the client owes the lawyer nothing for a fee.
Still other people may think that medical malpractice cases are very expensive to develop and they do not have money to pay all of the experts that will be needed to properly present their case. Most, if not all, experienced medical malpractice attorneys will advance all of your costs. A large percentage of these lawyers, assuming the rules of that particular state allow for it, will agree not to seek reimbursement of those costs if there is no recover, especially when you have a very good case with a potential for a large recovery.
If you or someone you know has been injured through doctor malpractice, hospital malpractice or medical malpractice you should contact an experienced malpractice attorney immediately.
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case." Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.
Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case.
Tuesday, April 28, 2009
Decreased Oxygen Flow To The Brain and Medical Malpractice
Monday, April 27, 2009
Blood Clots and Medical Malpractice
Sunday, April 26, 2009
Birth Defects Resulting in Medical Malpractice
Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case." Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case. Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case
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Thursday, April 23, 2009
Bad Medical Results and Medical Malpractice
If you feel you have been the victim of medical malpractice please contact http://www.sc.com to see if we can help you find one of the best lawyers in your area for your case. Attorney Richard Hastings, for the past two and one half decades, has been helping injured clients and families collect millions of dollars in losses ranging from motor vehicle accidents to wrongful death, to medical malpractice. He is the founder of Selectcounsel, LLC, a free service that helps you find one of the best lawyers in your area and is the author of the books "How To Find A Great Lawyer" and "Understanding And Improving The Value Of Your Personal Injury Case." Please visit http://www.SelectCounsel.com to see how they can find you one of the best lawyers in your area for your serious injury or medical malpractice case.Selectcounsel, LLC is a FREE national service that helps people with serious personal injury and medical malpractice cases find one of the best lawyers in their area to represent them. The lawyers we recommend are independently rated by attorneys and judges as being among the very best in their field of practice. Visit us at http://selectcounsel.com/ to see how we can help you find one of the best lawyers for your case.
