Filing a Personal Injury Suit Against a Hospital

3 Things That Can Cause Your Workers Compensation Claim To Be Denied

Posted by on Nov 18, 2015 in Uncategorized | Comments Off on 3 Things That Can Cause Your Workers Compensation Claim To Be Denied

Whenever someone is injured while on the job, most employers have workers compensation insurance to help cover the injured employee. You and your employer can file a workers compensation claim to help you pay for any medical bills or to supplement your income if you have to take time off from work because of the injury. However, not all claims are approved. Here are three things that can cause your workers compensation claim to be denied. 1. You were intoxicated when the accident/injury occurred. If you are drunk or high on illegal drugs at the time of your workplace accident, your workers compensation claim will be denied. Injuries sustained while intoxicated are considered self-inflicted injuries, so they are not covered by workers compensation. However, if you use certain medications (i.e. medical marijuana) that was prescribed to you by a doctor, you could still get your workers compensation claim approved. You will need to provide the proper documentation to prove you have a legal prescription for those medications. 2. You quit your job before filing a claim. Quitting your job before you file a workers compensation claim can also cause problems. Whenever an employee quits their job, they are ineligible for unemployment benefits. Because of this, whenever someone files a workers compensation claim after they quit their job, the insurance company is likely to deny the claim because they think it’s fraudulent. In order to get your workers compensation claim approved after you have quit your job, you will need some type of documentation pertaining to the workplace injury prior to the day you quit. If you reported it to your manager, then that should suffice. However, if you didn’t report it, and you have no witnesses or medical records to back you up, it’s likely a losing battle. 3. You didn’t report your accident/injury immediately. It is important that you report your workplace injury immediately after it happens – for many reasons. Not only does it ensure that your employer knows of any possible dangers in the workplace, but it also helps back up your workers compensation claim. If you wait a month or longer to report your injury and file a workers compensation claim, you will likely be denied. Some states have specific deadlines that workplace injuries must be reported to employers for workers compensation claims. If you don’t report the injury in a reasonable amount of time, you likely won’t get your claim paid out. Speak to a workers compensation attorney for more...

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3 Things You Need To Do After Being In A Car Accident

Posted by on Nov 8, 2015 in Uncategorized | Comments Off on 3 Things You Need To Do After Being In A Car Accident

Being in a car accident isn’t exactly something you can plan. It just happens. Oftentimes, it happens when you least expect it. You might be sitting at a stop light, driving down the road or just trying to pull out of a parking lot. Things happen all the time that are out of your control, but that doesn’t mean you should have to suffer because of something you didn’t do. If you or someone you loved was the victim of a car accident, there are a few key things that you need to do to make sure you are taken care of and get the settlement you deserve. Document the incident in as much detail as possible. Try to write down as many of the details as you can. What were the road conditions like? Were there any bystanders who saw the accident occur? What lane were you in? Were you driving down the road or at a stop light waiting for your turn to go? While certain things might not seem that important at the time, they could be very beneficial down the road when it comes to getting the settlement you deserve in your car accident case. Get to the doctor to be checked out right away. After getting the accident report and any other supporting documentation you need, get to the doctor to get checked out. If your injuries are more severe, take the ambulance to the ER for a full evaluation. It is important that all of your injuries are documented by a medical professional. Not only does this form a basis for the severity of your injuries, but it shows that you aren’t messing around and are dealing with some serious repercussions of the accident. Take pictures of your injuries and the vehicle. After going to the doctor, you want to take pictures of your injuries and the vehicle if at all possible. Having pictures will go a long way in showing the insurance company just what it is that you are dealing with. It builds a foundation that the insurance company isn’t going to deny. It is solid evidence that proves your injuries are the result of the accident. By doing the three things above and working with a licensed attorney, you can make sure you get the compensation you deserve in your car accident case. Contact a group like The Jaklitsch Law Group for more...

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Proving Your Truck Was Not At Fault For An Accident

Posted by on Oct 23, 2015 in Uncategorized | Comments Off on Proving Your Truck Was Not At Fault For An Accident

If you are a truck driver and you were involved in a collision involving another vehicle while on a highway, you will most likely want to clear your name of any wrongdoing in the matter. If you are found to be guilty for having the incident occur, you would be responsible for reimbursement of medical expenses or damage to the other vehicle. Fighting allegations can help prove your innocence. Here are some steps you can use to help prove you are not at fault for an accident involving your truck. Get Medical Help Call an ambulance after the accident occurs to have yourself checked for any health issues. This may help prove how the truck was impacted if you have injures you had sustained from the accident. If you wait to get assistance, the injuries may not be as prominent to give a clear picture of how the accident had occurred. Make sure the other driver is not severely injured as well. Get Photo Evidence Immediately after the accident occurs, as you are waiting for medial assistance, take photographs of the area if possible. If you do not have a cell phone with a camera or if you are not able to take pictures because of an injury, ask any witnesses to help you by snapping a few still shots of the road, the damage to your truck and the other vehicle, and yourself if you are injured. This information will come handy in court and your lawyer may be able to find something in this evidence to help clear you of wrongdoing. Look For Surveillance Find out if there were any surveillance cameras along the highway where the incident had occurred. Often webcams are set up to track traffic patterns and to show road conditions to other motorists before they hit the road. If there was one nearby, there may be footage showing the other driver is the one at fault for driving erratically or irresponsibly. This information would need to be obtained through the highway department in the town where the incident occurred. Gather Witnesses Often, other people will have seen something pertaining to an accident if they were nearby when it had occurred. It is a good idea to reach out to any potential witnesses so they can speak on your behalf if the incident goes to a court session for resolution. If you can remember the names of other trucking company’s vehicles you had seen on the road the day of the accident, call to see if you can obtain the names of the drivers who may have been in the area of the accident. One of them may have seen something pertinent to the case and you would be able to use them as a reliable witness with trucking ties of their own. Reach out via CB radio to see if any other truckers had seen anything as...

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What To Do If Your Doctor Causes a Birth Injury Due to Premature Inducing

Posted by on Oct 7, 2015 in Uncategorized | Comments Off on What To Do If Your Doctor Causes a Birth Injury Due to Premature Inducing

If your obstetrician induced labor because he or she believed your baby was ready to be born but miscalculated your baby’s due date, this may have caused injuries to your baby from being born prematurely. If you decide to pursue a legal case, here are steps to take when going through the process of suing your obstetrician for medical negligence which harmed your baby. Contact a Physical Injury Attorney You will need to hire an attorney to represent your child. Look for an attorney that specializes in medical malpractice cases, particularly birth cases, if possible. He or she will know the legal jargon used specifically in new birth medical malpractice suits and will use past, similar cases as guidelines in handling your own case. Hire this attorney as soon as possible, as your baby’s current health state is needed to prove that the doctor performed his or her job negligently. Document All Facts Write down any pertinent information regarding your baby’s due date and delivery to give to your attorney for analysis. If you have any paperwork given to you from your routine obstetrical appointments, hand these over as well. Take photographs of your baby showing the distress he or she is suffering from due to coming out of the womb too early. Find out names of nurses or other staff who were present during your maternal appointments or baby’s birth and have them write reports about information they heard the doctor tell you about your baby’s due date and what happened during the birth.  Obtain Funding Trying a doctor in a court of law for medical malpractice can be very expensive. Make sure you have the funds available to pay your attorney, as there will most likely be professional obstetricians and other doctors called in to testify on your behalf. These individuals will need to be paid for their time in addition to your attorney. Since cost can be an issue, you may want to consider seeing a bank about a personal loan to handle your fees so you do not need to drop your lawsuit before it is completed. Involve the Hospital If you believe the hospital knew the doctor who delivered your baby had a reputation for negligence tactics in the past, you may be able to involve the hospital in the lawsuit as well. The staff would need to provide the lawyer with the doctor’s credentials, including any past malpractice claims against him or her. Involving the hospital may ensure you will be compensated for your and your baby’s pain and suffering, emotional distress, lost wages, and your baby’s continued care as he or she is working toward the path of recovery. Find a birth injury lawyer at a website like to get the legal assistance you need...

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4 Mistakes To Avoid When Dealing With A Car Accident Claim

Posted by on Sep 24, 2015 in Uncategorized | Comments Off on 4 Mistakes To Avoid When Dealing With A Car Accident Claim

If you have been involved in a car accident in which you have been injured and your car has received a significant amount of damages, then you probably want to file a claim. This can eventually turn into a legal case if the opposite party who caused the accident denies their fault in the case. If this is the case, you want to be sure that you have a car accident attorney on your side, as well as be sure that you avoid these four mistakes that are often made: Talking or Posting About the Accident: During the time of resolving your car accident case, you may receive calls from the other party’s insurance company or attorney. It is important that you deny speaking about the case and instead have them contact your attorney instead. They will know what can be said and what other things should be avoided. You should also avoid posting about the accident on social media. The opposite party in the case may check your social media accounts in order to disprove certain injuries that you are claiming to have and more. Applying too Late: It is best to apply for a car accident claim soon after it has happened. Not only is this the best way to ensure that you remember all the details of the case, but it also ensures that you don’t miss the deadline for applying for the benefits you rightfully deserve.  Not Going to Doctor Appointments: It is really important that you go to all doctor appointments that you have scheduled for your injuries. If you miss a doctors appointment, it can make it look as if you are not as injured as you claim to work. This can work against you in your case and potentially deny you of certain benefits for injury compensation and more.  Not Communicating With Your Attorney: Many people make the mistake of not telling their attorney about certain significant changes in their life that can actually affect their case. For example, if you are moving or switching jobs, it’s important that your attorney knows. These things can put restrictions on your schedule. You want your attorney to know so that they can schedule certain meetings and other things during a time that works best for you.  By avoiding these mistakes you can be sure that you get the most out of your car accident claim. Contact a local attorney, like Gelman Gelman Wiskow & McCarthy LLC, for more...

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3 Tips For A Successful Mediation

Posted by on Sep 14, 2015 in Uncategorized | Comments Off on 3 Tips For A Successful Mediation

If you’re involved in a lawsuit, you may feel a bit overwhelmed. This can be a stressful time for most people and is sure to be one that you wish to end as quickly as possible. One of the fastest ways to help you be done with the legal action is by settling your case at mediation. Knowing specific tips that can aid you in success during this time are sure to be beneficial to you. Tip #1:  Be persuasive Mediation is the time to prove your point to all of the parties who are involved. You will need to let the individual who is mediating the case know the details about the legal action and why you are innocent of all the charges against you. The mediator is the individual who will go between you and the other party to relay the negotiations. This individual can work to get your point across to the other person who may allow you to get the case settled.    Tip #2: Be prepared It’s important to know what the least amount of money that you’re willing to pay or accept to get the case settled. You should have a figure in mind before you attend this meeting. Below are some things you may want to consider: 1.  Any injuries you incurred due to the legal dispute. 2.  Legal fees that you’ve had to pay due to the lawsuit. 3.  The money you may have lost from missing work because of an injury. 4.  Damage to any property that you own and must pay to have repaired. It’s a good idea to have a detailed report on hand for all of your expenses to help you prove a specific amount of money that you lost due to this case. Tip #3: Be patient The process of working with another individual to settle a legal dispute can be a lengthy one. You should be prepared to spend several hours at mediation to get the case ended. Additionally, you will want to avoid being negative at any point or showing disrespect to your opponent during this important meeting. The benefits of getting a case settled at mediation are many. You will have the peace of mind in knowing it’s over, and you can go on about your life. Be sure to consult with a personal injury attorney (such as the Law Office of Leslie S. Shaw) to assist you with all the details of...

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Protect Your Personal Finances By Getting An Attorney Involved In Your Accident Case

Posted by on Aug 13, 2015 in Uncategorized | Comments Off on Protect Your Personal Finances By Getting An Attorney Involved In Your Accident Case

If you fell on someone’s property and hurt your back or broke your wrist, you might be looking at time off from work to recover. Don’t deal with the financial impact of an injury yourself when it may not have been your fault. Get in touch with an attorney who specializes in personal liability cases. You may find that an insurance settlement in your favor will cover those missed days from work and your medical bills. Determining Liability One of the most important functions of a slip-and-fall lawyer is to discover who is ultimately responsible. It’s not always obvious in an accidental fall. Did the property owner not properly mark a dangerous area? Or did you ignore clearly marked hazards? Your lawyer will look at the evidence against the following criteria: Did the owner create the problem which caused you to have your accident? Did the owner know about the potentially dangerous situation but didn’t do anything about it? Is it reasonable to expect that the owner should have known about the problem and corrected it? The third condition is what often brings such liability cases to court. A judge may have to determine what could be expected as common knowledge. This is why it’s important for you to have your own legal representation to argue your case. Your Responsibilities Your lawyer will also need to understand what your role was in the incident. You have a level of liability for your own safety so your attorney will want to know: Were you fully aware of the hazards in the area? Did you ignore any posted warnings of danger? What steps did you take to ensure your own safety in the situation? You’ll want to give your lawyer a detailed description of the accident and the area in which it happened. The insurance company for the property owner will want to know that you did everything possible to be safe. Any indication that you put yourself in danger will affect the size of the settlement you receive. Calculating the Damages You’ll also need to provide your lawyer with doctor’s reports and a list of expenses in treating your injuries. You’ll estimate the amount of time you’ll be away from work. If you need ongoing medical treatment, such as physical therapy, add that to your total estimate. You’ll end up with a dollar value representing the total financial impact of the accident on your life. This is what your lawyer will base the settlement request on when talking with the insurance company. Protect your finances by getting a slip-and-fall attorney involved in your accident. They will get the most out of a settlement for you so you won’t have to struggle to pay medical bills and support a household while out of work. To get professional legal help, click on this link or do an online...

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X-Rays: Valuable Evidence To Support A Workers’ Compensation Claim

Posted by on Jul 30, 2015 in Uncategorized | Comments Off on X-Rays: Valuable Evidence To Support A Workers’ Compensation Claim

If you’ve been injured on the job, the first – and the most important – thing you should do is get the medical care that you need. Nothing is more important than your health, which is why getting the medical treatment you need right away is so crucial. Once you have received the medical care that you need, however, you are probably wondering how you are going to pay for those expensive medical bills. And, if you are unable to work while you recover, you are probably also wondering how you are going to make up for lost compensation. Filing for workers’ compensation could be the answer. However, in order to receive compensation, you need to prove, without a doubt, that you have been seriously injured while on the job. In the case of a broken or fractured bone, X-rays can be one of the most valuable pieces of evidence to support your workers’ comp claim. How X-Rays can Help When a broken or fractured bone is suspected, an X-ray is typically taken to diagnose the injury. An X-ray image can clearly illustrate a break or a fracture in a bone, which is why they are such useful pieces of evidence to support a workers’ comp claim. It’s virtually impossible to argue with a black and white image that shows the extent of your injury. Using an X-Ray to Support Your Claim So, how do you use an X-ray to support your workers’ comp claim? Well, the first thing you can do is seek the legal counsel of a lawyer like John J Bublewicz Attorney At Law, who specializes in workers’ compensation. Your lawyer will guide you through the process of filing your claim, which will include presenting the workers’ compensation board with the evidence that supports your injury and your claim – including the X-rays that were used to diagnose your broken or fractured bone. Additional Evidence Though it is virtually impossible to argue with an X-ray image that shows a broken or fractured bone, having all of the evidence possible to support the injury will further help your case. Ask the doctor who diagnosed your injury to provide a detailed report that highlights the details of the broken or fractured bone. In this report, details that highlight the extent of the damage or important, as are details that illustrate how the injury has impacted your ability to work, including: Limited mobility How long it is anticipated it will take for the injury to heal Whether or not physical therapy will be needed to regain strength and mobility If you will experience lasting or permanent damage as a result of the injury If you have suffered a broken or fractured bone while on the job, an X-ray can be one of the most valuable pieces of evidence to support a workers’ compensation...

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Documenting 3 Important Factors To Avoid Medical Malpractice Lawsuits

Posted by on Jul 30, 2015 in Uncategorized | Comments Off on Documenting 3 Important Factors To Avoid Medical Malpractice Lawsuits

Medical malpractice lawsuits can be a nightmare for the doctor that is going through one. One way that doctors are avoiding potential lawsuits is through documentation. The necessary documentation for any medical appointment includes the the treatment plan for a patient and what the patient’s expected outcome is. There are three other factors that need to be included in this documentation in order to significantly reduce the chances of being taken to court. 1. Annotate the Diagnosis First, you are going to need to clarify exactly what you mean by the patient’s diagnosis. Some patients are cut and dry cases. For example, a broken bone might be classified as a fracture, and there’s little room for error. If you are able to look at the x-ray of a patient’s body and see that he or she has a broken bone, then you know that diagnosis for sure. It gets more difficult when there is no single diagnostic test that you can perform. For example, your patient might have some of the symptoms of lupus. Lupus has a very large number of symptoms, and just because your patient is displaying these symptoms, you won’t necessarily know if your patient has lupus for sure until you start treatment. If you have any doubt in your diagnosis, you will need to clarify this on the documentation and make sure that your patient knows that the diagnosis is your very best guess, but might not be the correct deduction. 2. Explain Any Potential Problems With Treatment For a broken bone, treatment is simple. You set the bone in the correct position and then make sure that it isn’t moved until it is totally healed. For other problems, such as mental health issues, the treatment is not as clear. Nobody knows exactly how antidepressants work, but people do know that they affect everyone differently. You need to document that you told your patient that several different antidepressants might need to be tried in order to combat his or her depression. You also need to document that you informed your patient of any negative side effects of any medications that he or she is taking. 3. Document Follow Up Plans Document that your patient told you that he or she was willing to meet with you in a few weeks or whenever you scheduled your follow up appointment if one was needed. These follow up appointments can be important in order to maintain the patient’s health and if he or she does not show up for one, then his or her health might be at risk. Writing down that you discussed plans allows you to prove that you did your duty as a responsible doctor. For more information, talk to a professional medical malpractice attorney, like those at R.J. Marzella & Associates,...

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3 Questions To Ask Your Auto Accident Attorney

Posted by on Jul 27, 2015 in Uncategorized | Comments Off on 3 Questions To Ask Your Auto Accident Attorney

If you are thinking of hiring an auto accident attorney, you may not know what to expect. Your accident attorney will be able to guide you through the settlement or suit process. However, here are a few suggested questions to ask your lawyer: How much money do I need to pay upfront? You may be hesitant to hire a car accident attorney because you are concerned about the cost. Legal fees can be expensive. However, most accident attorneys will take your case on contingency, which means that you only have to pay the lawyer if you receive compensation. A contingency fee is generally a percentage of the total compensation that you receive. If your lawyer accepts this type of pay, he or she will not require upfront payment. In addition, you can count on the attorney to work hard to get you maximum compensation, because his or her fee is based on your settlement amount. Should I sue? If you have substantial damages, you may be wondering if you should sue. Your lawyer can let you know if you have enough evidence to prove that the other party’s negligence caused the accident. In addition, any damages that you claim must be proven by documentation, such as medical records and automotive bills. Pay stubs can indicate the amount of lost wages involved. Even if you do have enough evidence, your lawyer may first attempt to recover your damages through a settlement unless the other party is uncooperative.  What can I claim as “damages?” Your reimbursable damages should include your medical expenses, property loss, lost wages, loss of affection, and pain and suffering. Medical expenses for physical or psychological therapy, doctor’s visits, medical equipment and home care should all be payable. Property loss is the cost to repair or replace your damaged property. Lost wages include any income that you have lost due your recovery period. Loss of companionship occurs when injuries from the accident keep you and your spouse from displaying intimacy or affection. Pain and suffering damages are due to the distress you endured because of the accident. The discomfort can be physical or mental.   If you are planning to seek compensation after an auto accident, you may already know that an attorney can increase your chances of receiving fair retribution. However, you may have questions. Contact a firm such as Kornfeld Robert B Inc PS for a consultation. He or she can provide answers for your...

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