Personal Injury

What To Do if You’ve Been Hurt in an Accident

Posted by on Feb 1, 2017 in Car Accidents, Personal Injury

Accidents happen even to the most careful drivers. If you’ve been hurt in an accident, there are a few steps you should follow. The first steps you take following a personal injury accident can greatly affect the reimbursement from your car insurance company if you file a claim.

First off, try to remain calm. This is important for making smart and rational judgements regarding the accident. Next, seek medical attention even if your injuries do not seem serious. You may feel fine now, but symptoms like discomfort and dizziness may appear days after the incident. Getting medical attention will also strengthen your personal injury claim. If you wait days or weeks, it will be more difficult to attribute your injuries to the accident.

If the vehicles are still operational, move them to the side of the road and out of the way of oncoming traffic. Next, you should document the accident. Take photos of the vehicles, your injuries, street signs, the other driver’s insurance, etc. Even if you think the accident may be your fault, do not say so.

After an accident you must decide whether or not to file a claim. If the accident was your fault and there damage does not seem major, you may be tempted to offer cash to the other driver. However, this can be much more costly than you think. According to Zavodnick, Zavodnick & Lasky, if you choose to file a claim with your insurance company, the sooner you make your claim, the sooner you could be eligible to receive compensation.

Taking legal action might be the last thing on your mind after an accident or injury, but it is important to take these steps quickly, as there is limited time to file a claim.

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Reasons Why Shoulder Replacement Surgery Fails

Posted by on Oct 21, 2016 in Personal Injury

Roughly 9 out of 10 shoulder replacements last for 10 to 20 years. There are various reasons for its failure. The bad news is that 20 percent of the 50,000 shoulders replaced throughout the United States fail either immediately after surgery or up to 15 years at the most. The reason for the failure is that the plastic glenoid socket either wears out or becomes loose.

When the failure of shoulder replacement is due to a defective design, the patient has a case against the manufacturer. The website of Williams Kherkher revealed that over the years there has been an increase in the number of shoulder replacement lawsuits. In shoulder replacement surgery, the top of the humerus and the shoulder blade is replaced by a surgeon. The new components are held together by cement or by made a material that enhances the growth of a new bone.

While majority of procedures are generally successful, failures may still happen. Some of the factors that may cause the failure of a replacement surgery include:

  • Infections. Post-surgery infections may cause the removal of shoulder prosthesis. Once treated, the patient may be eligible to get another implant.
  • Prosthetic misalignment or loosening. When the implant is not sufficiently secured to the bone or not well aligned to the other parts of the shoulder, it may result to the misalignment or loosening of the prosthetic.
  • Bone Fracture. Post-surgical fracture may require a second shoulder surgery.

These factors can all cause severe pain and disability and may result to shoulder replacement revision surgery. In this procedure, the prosthesis is removed and replaced in order to reduce the risk of complications. Compared to other procedures, shoulder replacement revision generally takes a longer time and is more complicated than initial procedures. The complexity of revision surgery makes the risk of complication higher.

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Defective Safety Features Could Kill You

Posted by on Dec 23, 2014 in Personal Injury

Airbags are supposed to protect drivers and passengers from injury in case of an accident, but that is presuming that they work properly. Unfortunately, airbags are just as prone to defects as any product if the quality is not properly monitored and controlled, and even worse is that airbag manufacturers supply their products to more than one automobile manufacturing company. This means more cars and more potential victims.

Takata Corporation, an airbag manufacturer that supplies to Honda Motor Co. as well as other automakers, is being investigated for at least two deaths that are being linked to faulty airbags that originated from them. According to reports, the airbags deployed with excessive force because of tainted ammonium nitrate, the compound responsible for inflating the airbags when activated. This excess of force can send metal parts of the airbags into the vehicle, causing serious injury or even death.

Lawsuit have been filed against the company, but Takata has so far been able to settle claims out-of-court and continue to resist calls for a nationwide recall of vehicles that have been installed with the defective airbags. Honda has also been named in some lawsuits for its use of Takata airbags. To date, more than 14 million vehicles have been recalled worldwide because of the faulty airbags.

Current and future personal injury lawsuits are based on two claims: that Takata knew or should have known that the airbags were bound to fail because of the numerous complaints about it and that the company failed to warn vehicle owners about the high probability of airbag failure. A group of plaintiffs looking to recoup costs and damages for replacing their airbags are looking into filing a class action suit against Takata and Honda.

However, if you have already suffered serious injury because your airbag failed to work properly, you may be eligible to claim more than out-of-pocket expenses. Consult with a personal injury lawyer like Dwight Ritter as soon as possible so that you can get an idea of what you’re up against.

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Overview of Vinyl Chloride

Posted by on Oct 17, 2014 in Personal Injury

We all now know that plastic is bad for the environment because it takes so long for it to break down. But few people know that the immediate health concern is with the production of plastic products, especial those made with polyvinyl chloride (PVC) which also includes pipes we use in our homes. PVC is produced using vinyl chloride, which is a colorless gas that has a mildly sweet smell in high concentrations. It is a synthetic substance than easily incorporates into the soil, water, and the air when it is not disposed properly.

Being a gas, vinyl chloride exposure most commonly occurs through the air we breathe and the water we drink. Contaminated water also releases the substance when we cook or shower. Aspirating significant amounts of vinyl chloride induces sleepiness and dizziness that can be dissipated by breathing fresh air. Because it is heavier than the ambient air, exposure tends to be prolonged in an enclosed area. Prolonged exposure to the substance is believed to increase the risk of kidney, lung, and liver damage and may lead to immune disorders. Industrial exposure increases the risks of developing cancer, miscarriage and birth defects.

Vinyl chloride is a known toxic agent, and there are government standards in place for water and air quality specific to the presence of vinyl chloride. However, as any Tennessee personal injury lawyer will explain, an individual may be exposed to it in the course of their occupation or by being in close proximity to a manufacturing plant that uses it. In some cases, such as the Conrail derailment in Paulsboro, New Jersey, accidental spills may sharply increase exposure. Conrail is currently facing personal injury lawsuits because of the incident which allegedly killed at least one person and resulted in harm to a whole community.

If you have suffered harm from vinyl chloride exposure, you may be eligible for compensation. Confer with a toxic exposure lawyer in your area to find out more about your legal options.

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Xarelto a Major Dilemma to Patients

Posted by on Sep 11, 2014 in Personal Injury

Before the US Food and Drug Administration (FDA) approved the use Xarelto in July 2011, Warfarin served as the standard anticoagulant drug for Americans (from 1954 to 2010, the year Pradaxa gained FDA approval).

Pradaxa and Xarelto are both considered direct thrombin inhibitors (DTI), actually the first two of this type of prescription drugs. But while Pradaxa was formulated to directly block thrombin production (a thrombin is a blood enzyme that causes the formation of blood clots), Xarelto was engineered to hold back the production of Factor Xa, the protein necessary in the formation of thrombin. Both medications, however, did not require the exercise, kind of diet and regular blood tests necessitated by Warfarin, making them more preferable for doctors, especially Xarelto, which proved to offer more benefits than Pradaxa.

Xarelto, the generic name of Rivaroxaban, is jointly produced by two giant pharmaceutical companies: Bayer Health Care and Johnson & Johnson’s Janssen Pharmaceuticals. It was approved by the FDA for the following uses:

  • As a blood thinning drug for patients recovering from knee surgery or hip replacement surgery
  • To reduce the risk of blood clot formation and stroke in patients suffering from irregular heartbeat, which is a condition called atrial fibrillation
  • To prevent the risk of the formation of blood clot in the lungs, or pulmonary embolism, and blood clotting in deep veins, usually in the legs, which is called deep vein thrombosis (DVT)

Records show, though, that blood thinners, even those that came after Xarelto, had one severe side-effect in common: uncontrollable bleeding. While the bleeding caused by the anticoagulant Warfarin could be reversed by vitamin K (including vitamin K-rich foods), Xarelto had no antidote, making internal bleeding a possible fatal situation for patients.

Uncontrollable bleeding was not the only adverse effect linked to Xarelto, however. The Institution for Safe Medication Practices (ISMP), a non-profit organization, also reports of the following adverse effects as being linked to the use of Xarelto: spinal or epidural hematoma, which can permanently paralyze an individual; brain hemorrhaging; nose bleeding; blood in stools and in urine; heart problems, stroke, and so forth. Despite these serious harms to health, stopping the use of Xarelto can also prove dangerous as it can result to the formation (or recurrence of the formation) of blood clots in patients.

Xarelto, indeed, poses a great dilemma to patients, who are at risk of severe, or even fatal, injury whether they continue to use or decide to stop using the product. And while those who have been affected already number to the thousands, some doctors continue to prescribe Xarelto to unsuspecting patients.

Xarelto lawsuits are being filed all across the United States (and in many other parts of the world) by patients who have already been harmed by the drug. Those who are yet to file a lawsuit against the drug’s manufacturers, it is highly recommended that they first seek legal help from highly-competent professionals, such as the Xarelto lawsuit lawyers at the National Injury Law Center.

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Protecting Against Car Accidents

Posted by on Oct 24, 2013 in Car Accidents, Personal Injury

Car accidents are most commonly experienced by drivers between the ages of 17 and 31. Younger drivers are more likely to have less experience behind the wheel, take more risks, and drive while under the influence. Car accidents rank at the top of the list for annual transit fatalities. Some accidents caused by busted tires, mechanical defects, and weather factors are out of the driver’s control. However, drivers can take precautions to help avoid being the victim or culprit of a car accident.

According to the website of the attorneys at Habush, Habush, & Rottier S.C. ®, common causes of car accidents are reckless driving, distracted driving, excessive speed, drunk driving, mechanical malfunctions, and roadway defects. Drunk driving is one of the most preventable causes of roadway death. Mothers Against Drunk Driving (MADD) is one of many groups that aim to inform people of the dangers and consequences of drinking and driving. According to the MADD website, on average someone is killed in a drink driving accident every 53 minutes. Drunk drivers often find themselves on the losing end of an expensive manslaughter charge or multi-thousand dollar fines.

Aside from drunk driving, those behind the wheel should abstain from text messaging. People paying more attention to their phones than the road are a danger to themselves and others. By 2012, many of the fifty states had laws restricting texting while driving. Some of these laws forbid drivers from using their phone at all while driving. In urban areas, distracted driving can greatly compromise the safety of commuters and pedestrians.

Being injured because of a driver’s recklessness is not your fault, and you therefore should not have to shoulder the immense burden thrust upon you by someone else’s irresponsibility. With the help of a lawyer, you may be able to prove that the car accident was not your fault, that you suffered injury, who is responsible for your injury, and how much the responsible person should owe you as compensation.

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