Top Auto Accident Cause: Road Conditions

When driving down a highway or rural road you need to be on the lookout for accident causing hazards.  It is common that the lack of upkeep and not sticking to road regulations may be causing the accidents in your area.  If there is a location where the most accidents in your county occur, then the federal, state and local highway departments may be responsible.

There are times when the lack of construction and design concern in roads are the predominant element in car accidents around the nation.  It is not something to be taken lightly.  The government must follow the laws laid out to ensure this issue does not occur.  However, if it does happen, then speaking with an accident lawyer or someone who specializes in auto, tractor, trailer injury is the right option for you.

In the meantime, be on the lookout for roadway faults in your area.  One example is inadequate, hard to read road signage.  This is an issue for drivers and pedestrians.  If a road sign is concealed, then you are unaware of what is approaching, such as a windy road, intersection or steep hill.  Alternatively, what if the road sign is placed too close in proximity for you to properly react?  What if the sign disappears from view until it is too late?  These are roadway factors that should be taken in consideration during construction, and if it is done incorrectly then it may lead to accidents.

Access ramps are another factor drivers need to pay attention to when maintaining safety on the roadways.  For a poorly orchestrated access ramp leads to collisions.  Furthermore, be cautious of potholes in the road.  Potholes are capable of instigating accidents and damaging vehicles.  The result of hitting a pothole, especially under harsh weather conditions, may cause you to completely lose control of the car.  It is a negative aspect that needs repair as soon as possible.

If you live an area where there is frequent flooding, then keep an eye on the street drainage system.  Flooding of streets is a hazard leaving many drivers stranded.  Improper road drainage may be the reason for a number of mishaps in those specific areas of town.  In addition, within the flooding areas, look out for detour signs.  If the road path has changed due to a road issue and it is not clearly handled, then the misfortunes that follow may be the cause of your local or state government.

The best advice for drivers is to pay attention to everything around you.  If something has changed for the worse, then be careful and make your voice heard.  If you are a victim of a car accident, then contact a local accident lawyer or a personal injury attorney.  Find someone who is experienced in this area of law and is able to assist you throughout the entire process ensuring justice is served.

Article Source : Top Auto Accident Cause: Road Conditions : ArticleBase

Reda Abouleish
If you have been in an accident, do not wait.  Contact a Virginia personal injury attorney today.

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Florida Boating Accidents Can Be Avoided With A Boater’s Safety Course

The United States Coast Guard 2008 report on Florida boating accidents shows 616 accidents of which 50 accidents involved fatalities that killed 55 people. In addition, there were 371 non-fatal injuries and over $22 million dollars worth of damage due to boating accidents. 106 of these accidents involved collision with a fixed object, 20 from striking a submerged object, and 190 were due to collision with another vessel. 25 people were forcibly ejected from their boat and 45 people were injured falling overboard. Across the country, over two-thirds of boating fatalities were due to drowning and 90% of the drowning victims were not wearing life jackets.

The primary causes of the accidents, injuries and property damage are operator inattention, careless or reckless operation, no proper lookout, operator inexperience, and passenger or skier behavior. Many accidents also involve consumption of alcohol. In fact, alcohol was a leading contributing factor in 17% of the boating fatalities in 2008.

Effective January 1, 2010, Florida law now requires that persons born on or after January 1, 1988, complete a NASBLA-approved boater education course prior to operating a vessel powered by a motor of 10 horsepower or more (this includes personal water craft such as jet skis and wave runners). The law also requires that persons affected by this legislation have in their possession a boater safety identification card issued by the Florida Fish and Wildlife Conservation Commission and photographic ID while operating a vessel. Florida does not have a “boating license.”  The Boating Safety Education Identification Card is proof of successful completion of the educational requirements and is valid for life.

The Florida Fish and Wildlife Commission offers several ways to take an online boater’s safety course. They also offer on-site classes and correspondence courses so boaters can complete requirements as conveniently as possible.

For personal safety, everyone onboard your vessel should be wearing a personal flotation device (PFD). Florida law requires that:

• The owner and/or operator of a vessel is responsible to carry, store, maintain and use the safety equipment required by the U.S. Coast Guard (USCG).
• All vessels are required to have onboard a wearable USCG-approved personal flotation device (PFD) for each person.  The PFDs must be of the appropriate size for the intended wearer, be in serviceable condition, and within easy access.  The State of Florida urges all people onboard a boat to wear a life jacket.
• Vessels 16 feet in length or longer must also have at least one USCG-approved throwable Type IV PFD that is immediately available in case of a fall overboard.
• A child under the age of 6 must wear a USCG-approved Type I, II or III personal flotation device while onboard a vessel under 26 feet in length while the vessel is under way.  “Under way” is defined as anytime except when the vessel is anchored, moored, made fast to the shore or aground.

Florida boating accidents can in the blink of an eye and for numerous reasons: you can slip and fall overboard slipping on the deck or from inattention, drinking on the boat can contribute to a fall overboard, bad weather can contribute, and being hit by another boat can cause a fall overboard. In most instances, the passenger either does not have enough time to grab a life jacket before falling overboard or is unconscious and unable to put on a life jacket, so it is important for all boating passengers to wear a PFD at all times.

Florida boating accident lawyer, Joseph M. Maus, has operated boats throughout South Florida, the Bahamas and Florida Keys for over 30 years.  If you or a loved one have been involved in Florida boating accidents, get advice from the experienced Florida boating accident lawyers at the Law Office of Joseph M. Maus, to determine your rights.  For a free, no obligation consultation, call today.

Article Source : Florida Boating Accidents Can Be Avoided With A Boater’s Safety Course : ArticleBase

Joseph M. Maus
South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 16 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.

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Defective Drugs

A defective drug is any prescription or over-the-counter medication with serious or deadly side effects. Often times, a defective drug will make it into the market because the possible dangers were not identified or anticipated during clinical testing trials.

Each year in America, millions of people take prescription and over-the-counter medications to treat a variety of conditions, from minor colds to severe illnesses.

How a Defective Drug is Introduced into the Market

Pharmaceutical companies are driven by profits. This means that sometimes, in an attempt to increase sales, the safety risks associated with a certain drug will be overlooked. While it is the responsibility of the Food and Drug Administration (FDA) to determine whether a drug is safe for public use, the administration can also be at fault. If the FDA does not perform adequate research, or fails to administer the appropriate tests, a defective drug can be approved and introduced into the public sector.

The Drug Manufacturer’s Responsibility

A drug manufacturer must mandate all the necessary testing before seeking FDA approval for a particular drug. The manufacturer must also include any warnings about the side effects associated with that drug, along with possible complications of misuse. If an over-the-counter medication or prescription drug causes you serious injury, you can file a product liability claim to recover damages for your injuries.

Drug Recalls

A drug is deemed “defective” if the side effects associated with that drug outweigh its intended benefits. When this occurs, the FDA will issue a drug recall. Aside from drug recalls, the FDA will monitor drugs that are currently on the market and make changes to the labels, such as adding side effects and updating warnings as necessary. Consumer group petitions are also considered by the FDA.

Medications and Dangerous Side Effects

Side effects are the most common indicator that a drug may be defective. Several common side effects include:

• Liver damage
• Pulmonary dysfunction
• Increased risk of stroke or heart attack
• Kidney damage
• Heart damage
• Death

Drugs to Watch Out For

Some of the more dangerous drugs include:

• Meridia: a prescription drug used to treat obesity related to high cholesterol and high blood pressure, Meridia can also cause stroke, rapid heart rate and seizures.

• Hydroxycut: this weight loss pill was recalled because its range of side effects, from insomnia to increased blood pressure to liver failure.

• Crestor: this cholesterol-lowering drug has been linked to kidney failure and rhabdomyolysis, a serious life-threatening muscle condition.

• Zicam cold remedies: these products were recalled because of their link to anosmia, the loss of sense of smell.

• Yaz/Yasmin: this birth control pill contains dropsirenone, which has been linked to serious medical conditions including blood clots, stroke, heart attack, gall bladder injury and deep vein thrombosis.

• Provigil: this medication is prescribed to promote wakefulness for those who suffer from sleep apnea and narcolepsy. The drug is under investigation for causing Stevens-Johnson Syndrome, a life-threatening condition that causes cell death in your skin.

• Accutane: this medication to treat acne can lead to birth defects, psychological side effects and suicide.

• Serevent: this asthma medication can increase your risk of an asthma-related emergency.

Article Source : The Cochran Firm – Defective Drugs : ArticleBase

Erich Shrefler
If you or someone you love has been hurt by a defective drug, please visit the website for The Cochran Firm, serving clients nationwide.

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Medical Negligence And Pharmaceutical Injury

Although the field of medicine is not perfect, doctors and medical staff must be accountable for their actions. Injuries suffered as a result of medical negligence are very serious because patients already have a medical condition prior to seeing treatment. Negligent or reckless behavior on behalf of the doctors or other staff can have fatal repercussions.

Medical negligence can occur for a number of reasons at any stage of the medical process. It can result from an action taken by a medical practitioner, or by the failure to take a medically necessary action. Examples of medical negligence include:

• Misdiagnosis: A problem must be correctly diagnosed in order to treat. If the information regarding a diagnosis is incorrect, a patient and doctor cannot select the right treatment, and the recovery process cannot begin.

• Emergency Room Errors: Because patients come into the ER with severe problems, there is a very little room for medical errors. This makes emergency room errors one of the most severe, often resulting in death if a mistake is made. The overcrowding in the ER also makes is easier for clerical errors to occur, which can cause a number of disastrous problems.

• Improper Treatment: Treatment may be the most significant part of the process. The road to recovery begins by addressing a patient’s ailments. Improper treatment can allow the medical condition to worsen or cause complications that can result in severe harm.

• Lack of Informed Consent: Informed consent means that your doctor must describe your medical condition, the treatment, and any possible side effects in full detail. Signing your name or agreeing to a procedure does not always mean you have given informed consent. If you have agreed to a procedure without being made fully aware of the consequences, the doctor may be held accountable.

• Surgical Errors: Each surgery is complex, and there are countless ways to make a mistake during an involved procedure. Sometimes surgeons will mistakenly operate on the wrong patient, perform the incorrect procedure or operate on the wrong site. Other surgical errors include improper suturing, leaving foreign objects in the body, mishandling surgical instruments and making anesthesia errors.

• Hospital Negligence: From record-keeping errors to a lack of staff communication, there are countless mistakes that can be made by any hospital employee.

All of these mistakes are preventable; therefore it is imperative that the appropriate party is held responsible for their actions.

Pharmaceutical Injury

Prescription drugs can work wonders to improve and save lives. But unfortunately, patients who have relied on certain medications have suffered serious harm.

The competitive and profitable pharmaceutical industry can pose a serious risk to consumers. Because drug manufacturing companies market their pharmaceuticals so aggressively, they tend to ignore or downplay potential health risks. This means that by the time negative side effects are discovered and the Food and Drug Administration (FDA) recalls the drug, tons of people have already been exposed to the dangers.

Common Pharmaceutical Injuries

While side effects will vary depending on the type of drug, common pharmaceutical injuries include:

• Heart attack
• Stroke
• Diabetes
• Suicide
• Kidney damage
• Liver damage and/or failure

The law cannot reverse the damage caused by a pharmaceutical injury. However, by collecting compensation, victims and their families do not have to worry about medical bills and other costs. Compensation also holds guilty parties accountable for their actions.

Article Source : The Cochran Firm – Medical Negligence And Pharmaceutical Injury : ArticleBase

Erich Shrefler
If you or a loved one has been a victim of medical negligence, please visit the website for The Cochran Firm, serving clients nationwide.

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Find A Personal Injury Solicitor That’S Right For You

Do you want to file a claim for the personal injury you sustained? Filing a claim can be a lengthy and disturbing process if you do not employ the right personal injury solicitor. There’s too much at risk when you fail. The incident can affect your life greatly and winning the claim can give you the peace of mind you’re looking for. It will also give you the compensation you need in order to forward your recovery process. But if you lose, the effort, time and money you’ve sacrificed will be wasted. So it all comes down in finding the right personal injury solicitor.

There are lot of things you can consider while looking for a personal injury solicitor. Here are some of them:

1. Location

Accessibility would be one of the many things you should put in consideration when you seek a personal injury solicitor. Make sure that you employ someone who’s near or only a driving distance away from your place. This is to ensure that when you need some advice or help regarding anything concerning the case you can contact them personally in a short amount of time. Location is not always important as you can still contact your solicitor via phone, email, fax or post.

2. Competence and Experience

Look for a solicitor who has handled cases of personal injury claim you want to make. His experience will be your basis in determining that he can manage your case well. It is also vital that the personal injury solicitor you hire has already gained a reputation of competence in the community. Research his/her past experiences and check out their success rate.

3. Availability

When you contact the solicitors on your list make sure to take notes on how fast they will answer your queries or call. Also, how quickly they will set up an appointment to meet you. This way you’ll have an idea on how much time they are going to give to you when they handle your case. Some solicitors will always do their best in order to gain the confidence of their clients. So choose well.

4. No win no fee

The final selection of a solicitor all comes down on how they will charge you for their services. Remember, there are hundreds of personal injury solicitors who will waived their fees and offer a no win no fee agreement to you. This means that you have no duty to pay them when you win or lose the case. Always remember to read the small print first before signing the dotted line.

Deciding who will represent you in making a claim should not be disregarded. You have already been a victim once so take preventative actions to ensure that your claim won’t be a case of negligence too.

Article Source : Find A Personal Injury Solicitor That’S Right For You : ArticleBase

Blake Alden
Looking for a competent and reliable solicitor is not hard. Talk to one now at http://www.100Percent-Compensation.co.uk.

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What To Do If I Have Suffered An Injury Due To A Recalled Product

From tomatoes and pet food to children’s toys and automobile parts, consumer products are constantly being recalled after they have been manufactured and sold to millions.

Sometimes a product is recalled before it can injure the masses. Other times, a product recall is too late and many consumers suffer injuries before learning that a product is dangerous.

Fortunately, if you are injured by a defective medical device or dangerous pharmaceutical, you can file a product recall claim to collect compensation for your injuries. A product liability suit also holds negligent manufacturers responsible for creating, distributing and selling a faulty product that puts consumer lives in danger.

How Defects Arise

Most injuries from defective products are a result of manufacturer negligence. A greedy company may be so eager to get their product approved by the Food and Drug Administration (FDA) that they cut corners by filing unfinished reports, skipping essential steps and writing incomplete product warnings.

A product recall can also arise from budget cuts. If funding for research and development has been cut, this may limit the tests necessary for determining whether a product is safe and effective. Design defects can also occur during the drug’s planning process, which may not be uncovered until the drug has been widely distributed.

Product Recall Compensation

If you or a loved one is injured by a defective product, you may be able to claim compensation for:

• The cost of treatment, including past and future medical care
• Lost wages and the inability to earn future income
• Emotional distress
• Pain and suffering
• Punitive damages to deter future negligent behavior

Consumer Responsibility

Fighting back against unsafe products is a consumer’s responsibility. If you are hurt by a defective device or drug, you have the power to help prevent the same injuries from happening to someone else.

No matter how small it seems, every product liability lawsuit takes power away from a profit-driven manufacturing company who believes creating defective products is acceptable. Conversely, each victim who remains silent is forfeiting the chance to stand up for their rights and to gain valuable compensation for injuries suffered.

Winning Your Case

If you have been hurt by a recalled product, you may be able to collect money from the manufacturer or retailer if you are able to prove there was indeed a defect. Maybe the appropriate safety warnings were not included or there was a flaw in the product’s design. Keep in mind that product liability cases are complex and often involve expert testimony.

The Importance of Legal Representation

Manufacturing companies also retain their own legal advisors, so you should speak to an experienced product liability attorney regarding your product recall suit. Most states require you to file a claim within two years of your product-related injury. If you are one of many victims injured by a product, you may file a class-action suit against the manufacturer. In this case, one attorney can represent an entire group of plaintiffs, and the damages are divided among the group.

If your injury occurred in the workplace, your claim may need to be coordinated with a worker’s compensation suit. Regardless of your situation, if you were injured by a product, you should speak to a lawyer as soon as possible.

Article Source : The Cochran Firm – What To Do If I Have Suffered An Injury Due To A Recalled Product : ArticleBase

Erich Shrefler
If you are the victim of a product recall, please visit the website for The Cochran Firm, serving clients nationwide.

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New York Wrong-Site Surgery: Preventable Harm

Surgery is stressful enough without having to worry whether the surgeon is going to operate on the correct body part. A wrong-site surgery occurs when the doctor mistakenly performs a medical procedure on the incorrect organ or wrong side of the body.

Although some of these sorts of medical mistakes may be corrected after the fact, they are often irreversible, such as with an amputation or removal of an internal organ.

Recent New England Example

The Rhode Island Department of Health on November 2 publicly reprimanded Providence’s Rhode Island Hospital, affiliated with Brown University, for an October surgery on a patient’s wrong finger. The Health Department found that the hospital did not follow its own safety procedures governing proper surgical-site marking and planned timeout from the surgical process to check that nothing was amiss.

For only the second time ever, the Rhode Island Department of Health imposed a fine on a hospital ($150,000). The first was on the same institution in 2007 for another wrong-site surgery. In addition to the current incident, this hospital has had four other wrong-site surgeries since 2006: three brain surgeries and one for cleft palate.

In addition to the fine, regulators required the hospital to install video and audio equipment in operating rooms and mandated observation for a year of each surgical procedure by a medical professional with special training in safe surgery and implementation of a statewide surgical safety protocol that was developed by the World Health Organization (WHO).

Hospital President and Chief Executive Officer Timothy Babineau, M.D., acknowledges the most recent incident on the hospital’s Web site, pledging ongoing safety improvement. He estimates that “wrong site surgical errors continue to occur at hospitals all over this country at a rate of nearly 40 per week.”

Root Causes and Prevention

Researchers have found wrong-site surgeries to be symptomatic of both poor communication among involved medical professionals, the patient and family and of inadequate teamwork among the doctors, nurses and other medical professionals on the surgical team. Other contributing factors include fatigue, stress, complexity of our healthcare system, inadequate institutional information management systems, hurriedness and inexperience.

WHO developed an international pilot program that introduced a Surgical Patient Safety Checklist and found that when followed, use of the protocol resulted in nearly one third significantly fewer deaths and complications among a diverse adult patient population undergoing non-cardiac surgery. The pilot program researchers, who are part of the WHO Safe Surgery Saves Lives Study Group, published their findings in the January 14, 2009 edition of the New England Journal of Medicine.

Essentially, the WHO protocol has evolved into a 19-item checklist that contains a series of points during all surgical procedures that a surgical team goes through and when doing so, the team must confirm they had completed each step in the protocol. For example, the study identified three critical points during a surgical procedure: before anesthesia, just before incision, and before the patient leaves the operating room.� A significant requirement of this protocol is that a member of the team must verbally confirm that each step of infection control, anesthesia safety and other important considerations�are met, such as confirming the correct surgical site is marked at the start and at the time the surgery begins, or the right number of sponges and instruments are on the table and of course, at the end of the procedure.�

In addition to WHO, the Joint Commission on Accreditation of Healthcare Organizations (JCAHO or Joint Commission), the biggest and oldest U.S. professional organization setting healthcare safety standards and accrediting medical facilities, has developed, with input from major medical associations, professionals and the public, the Universal Protocol for Preventing Wrong Site, Wrong Procedure and Wrong Person Surgery (Universal Protocol). Widely endorsed, the protocol has three main parts:

• Presurgury verification of documents
• Clear and unambiguous surgical-site marking
• Timeout immediately before surgery

The timeout is used to confirm the right surgical procedure, surgical site and patient identity. All members of the surgical team are urged to verbalize during the timeout questions or confusion about the surgery the team is about to perform.

The jury is still out as to the long-term effectiveness of the Universal Protocol in preventing surgical-site errors. Its use is required in JCAHO-accredited facilities and its basic elements have been adopted and enhanced by many state governments, professional organizations and medical institutions in developing their own protocols.

New York Surgical Errors

The problem of wrong-site surgery is also alive and well in New York. For example, from 2003 to 2005, 347 wrong-site, wrong-patient or wrong-procedure events were reported through the New York Patient Occurrence and Tracking System (NYPORTS), the mandatory state medical-error reporting system.

After reviewing the Universal Protocol and other resources, New York developed its own New York State Surgical and Invasive Procedure Protocol (NYSSIPP). NYSSIPP is the official and required standard of care for most surgical procedures in New York. It includes and enhances the three basic elements of the Universal Protocol — verification, marking and timeout — plus standards for scheduling, consent, disagreement resolution and compliance oversight. NYSSIPP especially encourages active communication among all members of the surgical team, particularly during the scheduled preoperative timeout.

New York Medical Malpractice

A New York patient who is the unfortunate victim of wrong-site surgery should consult with an experienced medical malpractice attorney to discuss possible legal remedies. In order to be successful on a claim for medical malpractice in New York, a plaintiff must prove that the doctor or other medical professional departed from an accepted standard of practice, and that the deviation proximately caused the complained-of injury. Other possible legal claims could be general negligence, gross negligence, wrongful death, lack of consent or reckless indifference. In a New York wrong-site surgery case, a likely issue will be whether the surgeon and his or her team complied with the requirements of the Universal Protocol and the NYSSIPP, and whether deviation from the standards in those protocols caused injury.

A personal injury lawyer should be contacted as early as possible so as not to miss any deadlines for giving notice or bringing a lawsuit.

Article Source : New York Wrong-Site Surgery: Preventable Harm : ArticleBase

Marc J. Chase
Weinstein, Chase, Messinger & Peters, P.C., is one of the oldest continuous law firms in Brooklyn, NY. The firm originated in 1955 as Weinstein & Chayt, P. C., with an office in Brooklyn, New York. Since 1958, the principal office has been located at 26 Court Street, Brooklyn, New York. In 1992, the firm name became Weinstein, Chayt & Chase P.C., with the addition of attorney Marc J. Chase. It merged with the law firm of Jeffrey Peters, P.C., in 2004, and in the following year, further expanded with the addition of Jules G. Messinger to take on its current name.

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Motorcycle Accidents

Across the United States, motorcycle ownership is growing. More than four million people own motorcycles to save gas or enjoy cruising on the open road. Unfortunately, motorcyclists place themselves at serious risk of injury, disability and death after a motorcycle accident.

In Tennessee and many other states, it is illegal to operate a motorcycle without wearing a helmet. Although this law has been highly debated, it has been proven that helmets save lives and reduce the risk of fatal head injuries and traumatic brain injury (TBI) by more than forty percent.

At Tennessee’s Vanderbilt University, where many motorcyclists are treated for head and brain injuries, the average cost of treatment for one motorcycle accident victim has been estimated at more than $70,000. This does not include costs associated with permanent disability. The state’s insurance company, TennCare, bears the brunt of these costs.

Motorcyclists are required to carry insurance. In Tennessee, this includes $50,000 in property damage coverage and a minimum of $25,000 for bodily injury coverage. Motorcyclists who complete a safety program are not required to pay licensing fees and are eligible for a ten percent discount on insurance after three years.

Despite Tennessee’s attempts to incentivize motorcyclists to drive more safely, accidents still happen, due to road, weather and traffic conditions and driver intoxication.

Tennessee is an “at fault” state, which means the person who caused the accident is liable for all damages, so determining fault after an accident is essential. If you are involved in a motorcycle accident in Tennessee, steer clear of admitting fault at the scene of the accident. Insurance companies typically want to avoid paying damages, which causes frustration for accident victims who may also be dealing with property damage and treatment for injuries. Although it will be necessary to speak to your insurance company, it is wise to seek the services of an experienced Tennessee motorcycle accident attorney, who can help you obtain the compensation you deserve for your injuries and damage to your property.

In fact, speaking to an attorney first before speaking to your insurance company is a smart move, because your attorney can help you assess the facts of your accident, meet the statue of limitations for filing a claim, and negotiate with insurance companies to protect your rights. This can be invaluable in reducing the stress of a motorcycle accident and receiving all the compensation to which you are legally entitled.

Gary Starnes, an experienced Tennessee motorcycle accident attorney, has helped thousands of Tennessee residents achieve successful case resolution after a motorcycle accident.

Mr. Starnes states, “When a motorcycle accident occurs, the results can be devastating. Many motorcycle injuries result in death. For survivors, serious injuries or permanent disabilities are typical. The emotional strain of the accident, coupled with looming medical bills, lost income and permanent injury are difficult to overcome and can lead to depression and anxiety, particularly for individuals who are unsure about where to turn for help.”

Article Source : Motorcycle Accidents : ArticleBase

Erich Shrefler
If you or a loved one has been injured or killed in a motorcycle accident, The Law Firm of Gary Starnes offers a free consultation to discuss the facts of your motorcycle accident and file your claim.

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Questions About Car Accidents

If you have been in a car accident, you may feel that all you have left are questions. Finding the answers to some questions may be as easy as asking the right person, but finding the right person may be a confusing and daunting task in itself. The following are a few questions that you may need to ask yourself or your attorney before you ever fill out your insurance claims.

Is Missouri a no-fault state?

At present, Missouri is not a no-fault state. That means that accidents are determined to be a driver’s fault, or a percentage of a driver’s fault. If the other driver is determined to be 80 percent at fault and you are determined to be 20 percent at fault, the other driver’s insurance should cover 80 percent of your costs, and your insurance should cover 20 percent.

This also means that, unlike in a no-fault state, the injured person may seek damages against the person who caused the car accident.  In no-fault states, insurance companies generally charge more because they will automatically be expected to provide compensation, regardless of who is at fault.

What is tort law?

When discussing your car accident injury case with an attorney, he may refer to “tort law.” Tort may be used interchangeably with lawsuit, but it simply means that the state accepts that one individual may be at fault, or at greater fault than another.

When should I find legal representation?

You may expect an attorney to tell you that you should seek legal counsel immediately if you are in a car accident, but what you may not realize is that attorneys exist not only to prosecute criminals, but also to protect your rights. In tort states, like Missouri, you may find that your insurance company is hesitant to cover your claim, or may deny you compensation in part if fault has not yet been established.

Working with an experienced car accident attorney as early as possible will help prevent costly mistakes or dubious phrasing in insurance paperwork that may cost you later in your case.

What if I refused medical assistance at the accident scene and then began to suffer from latent injuries?

While you should never refuse medical assistance at an accident scene, failing to accept medical assistance does not automatically mean that you do not deserve compensation for your car accident related medical bills. Many insurance companies may claim that you were not injured if you did not feel the need for medical attention, but many injuries may occur and not become apparent for hours, days, or even weeks.

Article Source : Questions About Car Accidents : ArticleBase

Erich Shrefler
To learn more about protecting your rights and to find the answers to more questions about car accidents in Kansas City, Jefferson City, or St. Louis, Missouri, please visit the website of The Bradley Law Firm today.

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Product Recalls And Defective Devices

A medical device includes any instrument, machine or implant that is used to enhance your overall health. A defective device is one that fails to work properly, resulting in patient injury and even death.

Defective medical devices are generally products such as pacemakers and defibrillators that fail because of improper design or harm a patient because of manufacturer negligence. However, devices such as x-ray machines and diagnostic equipment can also be defective and result in patient injuries.

Why They Are Defective

A majority of injuries caused by defective medical devices are the result of manufacturer negligence. Sometimes, companies are so eager to obtain approval by the Food and Drug Administration (FDA) to begin earning profits that they do not perform the necessary research or appropriate pre-clinical tests.

A medical device recall does not always require discontinued use or the removal of that device. It may mean that the device must be adjusted or checked. If it is discovered that your implanted device may fail, you should discuss with your doctor the risks of having it removed versus the risk of potential failure.

A product recall can also be the result of budget reductions. If funding for research and development has been cut, this may prevent necessary testing. A design defect can also occur during the drug’s planning process, and may not be uncovered until the drug has been widely distributed.

Reasons for a Product Recall

While there are many reasons a product recall, the most common include:

• A device needs to be repaired
• The device has a major defect and must be destroyed
• Patients are being monitored for health risks associated with the product
• The settings must be adjusted
• An inspection is required
• New labels or warnings are needed

Companies that manufacture medical devices have an obligation to provide safe and dependable products that work as intended. Even when a medical device works as it should, there are other risks that must be revealed. The law requires product manufacturers to disclose any known issues about the side effects, malfunctions or other potential problems associated with a device.

Common Defective Devices

There are a number of medical devices that may contain defects, such as:

• Dialysis machines
• Defibrillators
• Stents
• Pain pumps
• Spinal discs
• Prosthetics
• Joint replacement parts
• Diagnostic equipment
• Heart valves

Holding the Negligent Party Responsible

In most defective device cases, the manufacturer is responsible for injuries sustained by a faulty device. However, wholesalers, distributors and marketing companies can also be held liable. If one of these parties is responsible for your injuries, you can file a product liability claim.

If you were injured by a device and you believe your doctor, surgeon, nurse or other medical practitioner is responsible, you can file a medical malpractice suit to hold that person liable.

Potential Damages for a Defective Device Suit

If you have been injured because of a defective medical device, you may be eligible for the following compensation:

• Medical expenses (past and future)
• Loss income and future earnings
• Punitive damages (which punish the party responsible)
• Pain and suffering and emotional anguish

Article Source : The Cochran Firm – Product Recalls And Defective Devices : ArticleBase

Erich Shrefler
If you or someone you love has been injured by a defective medical device, please visit the website for The Cochran Firm, serving clients nationwide.

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