Filing a Personal Injury Suit Against a Hospital

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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Why You Need A Lawyer After Losing A Spouse To Medical Malpractice

Posted by on Jul 27, 2015 in Uncategorized | Comments Off on Why You Need A Lawyer After Losing A Spouse To Medical Malpractice

Are you depressed due to losing a spouse after he or she underwent a minor surgical procedure? If you believe that the physician performed in a negligent manner, you may be able to sue him or her for medical malpractice. Find out below how a lawyer can help you prove that the physicians negligence is responsible for your spouse’s death as well as an estimate of what you will be charged. What Can a Lawyer Do to Assist After Losing a Spouse to Malpractice? During your initial consultation, your lawyer will ask about any medical conditions that your spouse had besides what he or she was being treated for. The purpose is to determine the state of your spouse’s health before he or she had underwent surgery. You will also be asked to provide the medical records of the specific condition that the physician was treating your spouse for. The lawyer will investigate the condition as well as how it is typically treated. The type of medication that was being prescribed to your spouse before death will be researched. The lawyer will make sure the physician was prescribing the right kind of medication for the condition and in the right dosage. You can also count on your lawyer to investigate what went on during surgery that may have gone wrong. For instance, he or she will ask witnesses if the physician washed his or her hands and used clean tools. A few of the things the lawyer can help you get paid for include: Counseling Lost wages Mental anguish Pain & suffering Funeral expenses Keep in mind that sometimes lawyers request that an autopsy is performed as a way to get the direct cause of death. However, an autopsy will only be performed if you grant permission for it to be done. What is the Estimated Price for Hiring a Malpractice Lawyer? You can expect to be charged a contingency fee of up to 40% of what is won in the medical malpractice lawsuit. However, each state has their own regulations as to what malpractice lawyers can charge on a contingency basis. The number of malpractice lawsuits that the lawyer has successfully won will also play a role in what you will be charged. Having to live life without your spouse can be difficult, but it may be easier to cope with if you know that justice was served. Speak to a medical malpractice lawyer as soon as possible on behalf of your spouse! To get professional help, conduct a search such as top philadelphia medical malpractice lawyers. ...

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3 Types Of Discoveries For A Car Accident Lawsuit And Tips For The Discovery Process

Posted by on Jul 24, 2015 in Uncategorized | Comments Off on 3 Types Of Discoveries For A Car Accident Lawsuit And Tips For The Discovery Process

If you have been injured in a car accident, you may have decided to pursue a case against the person at fault. If your car accident lawyer has advised you to sue, there will be a process of “discovery.”  The discovery discloses the case facts and documents to the party being sued before your case is tried. Here are some tips for the discovery process along with the types of discoveries that may be associated with your case: Tips for the Discovery Process Be open with your car accident attorney. If you fail to disclose something, you may limit your lawyer’s ability to present a strong case. Don’t lie. Even if your claims are valid, if you are caught being dishonest, you may lose your case. Understand beforehand that every detail of your case will probably be disclosed at some time during the discovery process. 3 Types of Discoveries Discovery in Writing Questions and answers about your claim can be recorded in writing and shared with the defendant before trial. This gives the defendant and his or her attorney a reasonable opportunity to prepare the defense. The discovery’s questions can be generic inquiries that are already printed on a form. However, they can also be specific to your car accident claims.  Deposition Statements Sworn statements that are presented before a judge prior to the actual trial and recorded by a court reporter are called “depositions.” These transcripts help ensure that no one changes his or her story during the trial. In addition, depositions disclose the details of each side’s argument. Your car accident lawyer will guide you through the deposition. However, he or she will probably advise you not to answer any question with a guess. Admitting that you don’t have knowledge of something can be an acceptable response. In addition, you should never offer lengthy explanations. It is best to simply answer the question that has been posed. A lengthy explanation during a deposition can provide the defendant with more ammunition for trial. Production of Documents If a you or the defendant desires to see a document that is related to the lawsuit, the document should be provided. Due to the lengthiness of some case-related documents, some courts allow the documents to be viewed electronically via computer. When you pursue a lawsuit due to your automotive accident, the disclosure of case-related facts and documents to the defendant will be required. If you have questions about the discovery process, contact a car accident attorney, like Antonucci Frank & Associates Attorneys,...

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Residual Functional Capacity: How Does It Affect The Outcome Of Your Disability Claim?

Posted by on Jul 23, 2015 in Uncategorized | Comments Off on Residual Functional Capacity: How Does It Affect The Outcome Of Your Disability Claim?

If the Social Security Administration (SSA) denies your disability claim because it fails to recognize your illness or physical impairment through a residual functional capacity exam, contact a disability lawyer right away. The administration uses residual functional capacity exams to determine the extent of your physical capabilities. If you can perform some type of employment, such as sitting down at a desk or working less hours in your current career, the SSA can refuse your first disability claim. A disability attorney helps you overcome this tremendous obstacle by presenting evidence of your inability to work in any capacity during your appeal hearing. Here’s what residual functional capacity is and how your attorney addresses it in your case. What’s Residual Functional Capacity? After you complete and file your disability claim, the SSA examines your medical records to see if you have any type of physical or mental impairment that keeps you from working in any job field or setting. The administration calls this examination residual functional capacity. SSA-approved physicians, physical therapists and other specialists perform your physical and mental exams.  Residual functional capacity is based on a list of impairments compiled by the SSA. If your health or mental condition is on the list, the SSA moves forward with the claim. If your impairment isn’t on the list, the SSA performs a vocational and medical evaluation to see if you can do other types of work instead of your current job duties or profession. Once the SSA receives the results of your vocational and medical evaluation, they can deny your disability claim if the doctors don’t recognize or approve of your impairment. In this case, you have the option of appealing the denial on your own or through a SSA attorney. The best way to win your appeal is to have a disability lawyer work on your behalf. How Does Your Disability Lawyer Help You? Your disability lawyer can do a number of things to win your appeal, including obtaining new evidence of your unapproved impairment. Your attorney will have new doctors and specialists re-evaluate your disability by performing more in-depth exams. The doctors and specialists also find evidence of other people who have the same or similar physical or mental disability that pertain to your case.  Your attorney submits a new application for your disability claim along with the new medical evidence. In many cases, the evidence is sufficient enough to secure your disability benefits.  You should understand that appealing an unapproved impairment takes time and a great deal of effort to carry out. Although the process is often lengthy and tiresome, it works in your favor. You stand a better chance of winning your disability case if you give your attorney time to work on your behalf. If you have concerns about the residual functional capacity exams, contact your attorney immediately for a private...

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Five Common Car Accident Myths To Avoid

Posted by on Jul 21, 2015 in Uncategorized | Comments Off on Five Common Car Accident Myths To Avoid

If you have been in a car accident and have been injured through no fault of your own, you may be confident that you have the situation under control. If the person who caused the accident is insured, you likely feel that your expenses and property damage will be taken care of, but you should be aware that your faulty assumptions about personal injury cases could cause you to lose out on valuable compensation. For the five common myths surrounding car accidents and how to avoid them, read on. 1.  You and the other driver exchanged contact and insurance information and he seems like a nice guy, so you are not worried about your interactions with him. The other driver may have even expressed his remorse at causing the accident. Don’t make the mistake of becoming so friendly with the other driver that you admit to being partially at fault. What you say to the other driver can be used against you, so be cautious and be aware of saying too much. 2.  You have a police report, so the fault has already been determined. Insurance companies use several issues to determine fault, including evidence, photographs, video, witness statements and more. The police report is only one aspect of evidence determining fault, and if your case goes to court, the police report is not admissible as evidence. 3.  You believe that if you didn’t seek medical attention at the time of the accident, it’s now too late. Sometimes injuries from an accident don’t show up until days or even weeks have passed. Seek medical care immediately and begin documenting your injuries by keeping a journal of everything you can recall about the accident and how it has affected your life. 4.  You don’t need an attorney, you can just handle the claim yourself. If the accident is anything more than a minor fender-bender, you could be missing out on possible compensation without an attorney to make sure you get what you deserve. Personal injury attorneys can help you with everything from determinations of fault and damages to settlement negotiations. 5.  You can just let your insurance company and the other guy’s insurance company work things out. While most insurance companies do want to move your claim through fairly quickly, keep in mind that they are a profit-making business and will seek to pay you as little as possible. Don’t let these five myths prevent you from receiving the compensation you deserve for your injuries. Allow a personal injury attorney such as Vaughan & Vaughan to take the burden of this claim from you so you can concentrate on recovering from your...

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Bought Your First Motorcycle? 3 Tips To Keep You Protected While You’re On The Road

Posted by on Jul 20, 2015 in Uncategorized | Comments Off on Bought Your First Motorcycle? 3 Tips To Keep You Protected While You’re On The Road

You bought your first motorcycle. Now your friends and family are telling you how dangerous they are. It’s true that riding a motorcycle increases your risk of being involved in a traffic accident. According to statistics, more than 55,000 people are injured on motorcycles each year. However, there are ways to protect yourself. Take a look at this list of precautions that can keep you safe while on your motorcycle. Choose the Right Clothing Clothing might not seem like a reliable way to protect yourself on a motorcycle. However, according to research, your arms, legs and head are the most likely to suffer injuries in a motorcycle accident. The right clothing can protect your body in an accident. Here’s what you should be wearing on your body. Jacket Your jacket should be long-sleeved and it should cover your arms, chest and back. It should be made of leather or nylon, and should have padded elbows. If possible, you should select a jacket that has reflective tape on the arms and back. This will help drivers see you in the dark. Pants Your pants should also be made from durable leather or nylon. They should be long enough to tuck into your boots – or cover your ankles if you’re not wearing boots. Your pants should also have a reflective strip somewhere on them. Protect the Noggin Your helmet might be the most important piece of safety equipment you can own when you drive a motorcycle. According to statistics, you’re 40% more likely to die from a head injury if you’re not wearing a helmet during an accident. To fully protect you during an accident, your helmet should completely cover your head. It should also fit snugly so that it doesn’t wiggle around while you drive. Drive Defensively When you’re riding a motorcycle on city streets and highways, you can be difficult to see. This is particularly true when automobile drivers are on the phone or distracted in other ways. You can protect yourself from harm by being aware of your surroundings. Driving defensively can help prevent accidents. Stay a safe distance behind automobiles and be aware of what the drivers around you are doing, especially if they look distracted. Left turns are a common cause of accidents between cars and motorcycles. In fact, statistics show that left turn accidents make up more than 40% of all car versus motorcycle accidents. When you’re riding your motorcycle, keep a look-out for drivers making left hand turns in front of you. Motorcycles are a great way to see the country. Wearing the appropriate gear and being aware of your surroundings can help keep you safe while you’re on the road. If you should be involved in an accident, be sure to contact an attorney who has experience handling motorcycle accidents like Teresa P Williams...

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Dealing With Everyday Objects That May Constitute Attractive Nuisances

Posted by on Jul 17, 2015 in Uncategorized | Comments Off on Dealing With Everyday Objects That May Constitute Attractive Nuisances

Attractive nuisances are dangerous conditions or objects that may attract children to your property, and harm them. Children are specifically mentioned because they are naturally curious and haven’t learned to recognize danger. Most people know this, but they assume that special conditions such as swimming pools, trampolines, and construction debris may attract and harm children. The reality is that there are many other everyday objects that fit this category. Here are a few examples and how to deal with them: Appliances Discarded appliances, even the ones that look “ordinary” to you, can easily attract children to your compound. Think about refrigerators, dryers, and washing machines; many children would love to play with those things. Ideally, you should discard them as soon as you remove them from your house. If that is not possible, and they have to spend a day or two in the yard, then you should dismantle them. For example, taking out a refrigerator’s door makes it an unattractive hiding place and less likely to trap a child. Liquor Cabinets A liquor cabinet may seem very unattractive to you, but the young ones may be mesmerized by the rows of bottles it contains. Remember, you may be held responsible if a minor partakes some of that liquor and later injures somebody while under the influence. The best preventive measure is to ensure that the cabinet is always locked up, and the key isn’t accessible. Abandoned Vehicles Children will always be attracted to automobiles. Yet, stalled cars, rusty farm tractors, and discarded motorcycles all pose serious injuries to unsuspecting children. They may lock themselves in a car’s trunk or get pinned down by a heavy part. While you may escape liability for working automobiles (you can’t be expected to lock them all up every day), you may have to pay for injuries caused by junk cars on your property. Get rid of those junks are soon as you can, or keep them away from children by locking them in garages or fenced sections of your property. Holes on the Ground There are numerous examples of these. Think about excavated trenches, holes from which tree stumps have been removed, wells, and even underground tanks. For example, wells may attract children who may use wish to throw things into it, such as wishing coins. It helps to fill all the holes you can, fence the ones that you can’t fill. In short, your view of what constitutes an attractive nuisance may be different from the court’s view. Therefore, it is best to prepare your defense adequately (with the help of lawyers from firms like Edward J. Achrem & Associates, Ltd.) if you are ever faced with a personal injury claim of this caliber....

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