Posts by Russ

With Valid Reason, Even Government Agencies can be held Liable for Injuries due to Road Accidents

Posted by on Mar 8, 2017 in Road Accidents | 0 comments

When a car crashes due to a purely unexpected reason such as a sudden-medical-emergency, like a heart attack or a syncopal episode, a condition wherein a person passes out due to a sudden drop in his/her blood pressure, or due to a naturally-occurring catastrophe, like an earthquake, a tornado, hail, lightning, hurricane or windstorm, blame is placed on act of nature, sometimes referred to as an “act of God.”

Courts do not usually hold drivers accountable for accidents due to acts of nature since these can neither be foreseen nor prevented; thus, they dismiss civil lawsuits filed by injured victims for the purpose of seeking compensation. The injured may, instead, recover damages from their respective insurance providers, if they are covered.

Of the more than five million auto vehicle accidents in the U.S. every year, only a small percentage is accounted to acts of nature, however. Based on study, the National Highway Traffic Safety Administration (NHTSA) is able to say that more than three-fourths of all motor vehicle accidents are due to drivers’ faults. These include drunk-driving, distracted driving, speeding (including driving too fast despite poor road conditions) and reckless driving. Thus, no matter how careful you may be on the road, if another driver acts negligently or carelessly, then an accident may just be imminent.

Drivers are the only ones guilty of negligence, though. So are vehicle manufacturers who produce defective vehicles and government agencies that fail to construct good roads or fail to keep roads in good condition and free of hazards, like uneven pavement, roadway debris, potholes, shoulder drop-off, water pooling, lack of signs, lack of and weakly constructed guardrails, traffic signs blocked by trees or other fixtures, poorly lighted streets, lack of railroad crossing lights and wrong road signs.

Dangerous roadways can cause drivers to lose control of their vehicles. It is, therefore, a serious concern that needs to be addressed quickly for failure to keep roads safe can result in destructive accidents. Along this line of thought, Toronto car accident lawyers of Mazin & Associates, PC says, “When a car accident occurs, the result could be a grave injury, permanent disability or death for drivers and their passengers, bystanders, motorcyclists, and cyclists.”

Holding government agencies liable for accidents (due to dangerous roadways), however, may be near to impossible due to their immunity from any form of liability. Except if the basis of the lawsuit is gross negligence in maintaining a roadway, then the case may be worth pursuing.

Highway defects can cause even the most careful and conscientious drivers to get into serious, life-threatening accidents. When roads are improperly maintained and drivers are not warned about potentially dangerous areas, car accidents and debilitating injuries are not remote possibilities. This is why car accident lawyers and law firms believe that the government and the companies responsible for the maintenance of roadways should be held responsible for any injuries resulting from highway safety hazards.

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Spinal Cord Injuries in the Workplace

Posted by on Jun 23, 2016 in Workers Compensation | 0 comments

Spinal cord injuries can cause pain and discomfort and prevent individuals from participating in activities. At worst, they can result in loss of sensations, paralysis or death. The spinal cord consists of a bundle of nerves that enables communication between the brain and the rest of the body. The backbone is designed to protect the spinal cord, but an accident can fracture the vertebrae that make up the backbone and damage the nerves inside.

Spinal cord injuries are temporary or permanent, and “complete” or “incomplete.” Complete injuries cause a permanent loss of motion below the site of the injury. There are five main ways spinal cord nerves can be damaged:

  • A concussion occurs when the spine is forcefully jolted, and usually results in temporary movement and sensation restriction
  • A contusion is a bruise inside the backbone that can put traumatic pressure on the nerves
  • Compression is when something presses into the nerves—either a foreign object or a herniated disc
  • A tear means the spinal cord is partially torn
  • A cut means the spinal cord has been severed

A pinch or tear in the spinal cord nerves means the victim may spend the rest of their life as a paraplegic or quadriplegic. Paraplegia refers to paralysis of the trunk and legs, and quadriplegia refers to paralysis of all four limbs and the trunk.

Some of the most common causes of spinal cord injuries include lifting, repetitive motion, falls, faulty equipment, and vehicle collisions. Beyond injury to the spinal cord nerves, individuals can also damage the vertebrae, muscles, and ligaments in the spine and experience painful sensations.

Workers experiencing a spinal cord injury on the job are entitled to workers’ compensation benefits to account for their pain and suffering, lost wages, medical bills, and psychological trauma.

 

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Of Medical Malpractice and Personal Injury

Posted by on Feb 4, 2016 in Medical Malpractice | 0 comments

What’s the first thing you do when you’re injured?

By instinct, the first thing that people tend to do is oversee the aftercare if at all possible. Even infants know to cry because they register the pain that an injury can inflict and they want it to stop but are incapable of making it so. This basic principle doesn’t change as people grow older—it’s just that the help comes in different forms when you can’t fix it by yourself.

When people sustain serious injuries that cannot be solved by simple band aid solutions, people turn to professionals in the field of medicine. It is they who have the necessary medical knowhow and expertise in order to know how to properly go about the injury so that the patient could return to regular life as quickly, comfortable, and as efficiently as possible. However, with this level of trust comes then the risk that is so often posed when we rely on other people: it is in human nature to err and sometimes, even medical practitioners can make mistakes.

However, unlike most people, even the smallest infraction made by carelessness on their part could mean absolute devastation for their patients. That is the pressure and the responsibility that is thrust upon these people and so they must submit to a standard that holds them accountable to perform in accordance to their duty of care. If a medical practitioner is proven to have lacked in this area then this could potentially fall within the grounds of medical malpractice.

Medical malpractice is a subset of personal injury and since “personal injury” is the legal terminology used to legally define situations wherein person is injured due to the negligent actions of someone else, this most certainly counts as that. Most people need help with this just the same and there is no shame asking for advice from legal professionals either. Everyone needs help with an injury and personal injury is most certainly not something you should have to go through on your own.

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What Can Cause a Truck Accident?

Posted by on Sep 2, 2015 in Injuries, Trucking | 0 comments

Massive, eighteen wheeler trucks on the road can appear large, complicated, and almost indestructible. After all, something that large is surely built with the capability to withstand anything and everything on the road! Unfortunately, that is not quite the case or else there wouldn’t be truck accidents; but there are.

Truck accidents can be caused by just about anything that causes a regular motor vehicle accident since trucks are still motor vehicles, technically speaking. It is just that there is more at stake and the potential for danger and destruction is larger whenever there is a truck involved as opposed to a regular four-door car or a motor cycle. For example, on the website of the Oklahoma truck accident lawyers at the Abel Law Firm, it says that some truck accidents can be catalysts for devastating events on freeways or even be catalysts for explosions, if carrying highly flammable material.

Since there is more at stake whenever eighteen wheeler trucks are concerned, the consequences and circumstances that led up to them can be taken differently in a court of law. As an example of that, according to the website of  James Powderly, a drunk driver that caused a regular motor vehicle accident can have an entirely different case to a drunk driver that was involved in a truck accident.

Truck accidents are not exceedingly common – but motor vehicle accidents in general, unfortunately, are. There are certainly more precautions given to trucks because of how much potential damage they could cause and that only means that the branch of the law that covers such incidents can be quite the tricky field to navigate.

If you or someone you know has been involved with a truck accident, it would be the most recommended course of action to seek the advice of an experienced legal professional on what to do next.

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Can I Take Legal Action for Mesothelioma?

Posted by on Sep 1, 2015 in Illnesses | 0 comments

Have you recently been diagnosed with mesothelioma? Has anyone you know been recently been diagnosed with mesothelioma? It is never easy to hear a cancer diagnosis, let alone one of this nature. After all, mesothelioma is an extremely rare cancer that is highly lethal. It is rare because the main, common cause of this cancer is exposure to asbestos.

According to www.williamskherkher.com/practice-areas/mesothelioma-lawyer/, a considerable amount of Americans were exposed to the malignant substance for years and years without realizing its potential detrimental effects, one of the most dangerous being the main cause of mesothelioma cases. Asbestos, back then, was used as an incredibly sturdy agent for construction work due to its natural chemistry. However, though it is mostly harmless when it is solidified, it can be quite dangerous whenever inhaled. As is the nature of most things that are man-made, these things have a tendency to crack and decay over time. This is why most people don’t see the effects of asbestos until after several years of being exposed to the substance.

Mesothelioma has been said to be a cancer that can take a long time to develop. Years can pass by before it is detectable and usually when it is discovered, it is already too late to do anything about it. Medical treatment alone can cost so much, not to mention the kind of burden it would cause the victim as well as the victim’s families upon diagnosis – literally and emotionally.

And that is why it is perfectly possible to file legal action if you have been diagnosed with mesothelioma. With the information presented, it is a logical assumption that the person exposed to the substance was harmed because of the negligence of another party. The guilty party is thereby responsible to compensate for the expenses in order to alleviate the burden that the asbestos exposure caused.

It can be tricky to file a case of this nature, however, and it would be the best thing to consider an experienced legal help in order to get a personalized, professional consultation regarding your circumstances.

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