Steps To Take When Filing a Medical Malpractice Claim

Personal Injury Lawyer

If you believe a doctor injured you while you were under their care, your next step is likely to begin filing a medical malpractice claim. You can make these claims against any number of medical workers, including doctors, a technician, the hospital, or even a nurse. It is imperative to keep in mind that when you file a claim, you are setting out to prove that the defendant failed to provide you with the proper care or they treated you negligently in some way, and that another similar medical provider would have treated you in a different way. Below, you will find the steps you should take when you begin filing your claim.

What Are Common Examples Of Medical Malpractice?

There are several common examples of medical malpractice. Some of these are:

  • Birth Injuries. A birth injury can happen to the child or the mother. These may be spinal cord injuries, cerebral palsy, or nerve damage.
  • Misdiagnosis. A doctor can also misdiagnose their patient. Unfortunately, a misdiagnosis can lead to worsening of an illness, prescribing incorrect medications, and even death.
  • Surgical Errors. The surgical team may have left tools inside your body when they performed your surgery, and this can lead to further complications like infections and illnesses.

Seeking Help From an Attorney

While you can file a claim on your own, an attorney who has worked on previous medical malpractice cases can offer you valuable advice on what steps you should take before filing your claim. They can also gather the appropriate evidence to prove the medical professional acted negligently, and they can even provide outside, third-party experts to help strengthen your case.

Speak With the Medical Professional

In some cases, depending on the circumstances surrounding your visit to the doctor’s office, you may choose to first contact the medical professional involved to see if they can explain to you what went wrong. Remember, doctors cannot guarantee medical results or healing, however, if something is reversible, they may be able to correct a mistake without the need to file a medical malpractice claim. In other cases, they may refuse to speak with you, or it may be obvious that a medical claim is the best way to seek results.

Determine Your Statutes Of Limitations

There is always a certain time limit for bringing forth a medical malpractice claim. Your attorney can be particularly helpful in showing you how long your state allows you to file your claim after the injury occurred. If you do not file in time, you may unintentionally be giving up all rights to compensation for these injuries.

What If They Want To Settle Outside Of Court?

Many times, a hospital or the medical professional involved may wish to settle your claim outside of court. When this is the case, it is best to speak with your attorney before accepting any settlement. Your attorney can determine if the insurance company is giving you a fair settlement.

It can be scary taking on a medical facility or doctor when you believe you are the victim of medical malpractice, but this should not discourage you. Set up a consultation with a medical malpractice attorney Naperville, IL offers today who will work hard to get you the compensation you deserve after medical malpractice.

 


 

Thank you to our friends and contributors at The Law Offices of Konrad Sherinian, LLC for their insight into medical malpractice and steps to take for filing a suit.

What Happens When You Are Charged With Identity Theft?

Asset Protection Lawyers

When someone accuses you of identity theft, it can feel like your world has turned upside down. Identity theft is under the umbrella term “theft”, and it is a criminal charge where someone intentionally steals another person’s identity or personal data for their own gain. As with any other theft charge, if a court convicts you of identity theft, it could mean a permanent criminal record, jail time, and large fines. If someone recently accused you of identity theft, you may have many questions and you may want to know much more about identity theft, charges, and possible defenses. For more information on these items, please read below.

Is Identity Theft a Crime Like Regular Theft?

Yes, as with any other theft charges, the law considers identity theft to be a crime. This type of theft happens when one person knowingly and intentionally steals, compromises, or uses another person’s identity with the intent to use it for personal or financial gain. In fact, Congress passed the Identity Theft and Assumption Deterrence Act in 1998 to ensure that an identity theft crime is punishable as a felony.

What Types of Identity Theft Are There?

There are many different types of identity theft that someone may be accusing you of, but some of the more common types are:

  • Phishing
  • Internet fraud
  • Putting malware on someone’s computer
  • Stealing someone’s social security number
  • Stealing someone’s credit card, and
  • Check forgeries

Are There Different Types Of Penalties For Identity Theft?

Yes, there are many different types of penalties for identity theft, and depending on what the circumstances were surrounding the identity theft, the punishment will be different. Additionally, each state has their own specific laws that complement federal laws regarding identity theft. Some of the punishments might be:

  • If the value of the crime was less than $2,000—charged with a misdemeanor.
  • If the value of the crime was greater than $2,000—charged with a felony.
  • When the victim is elderly or a minor—the punishment is more severe.
  • If this is your third offense, regardless of the value someone accuses you of stealing—charged with a felony.
  • The potential for fines to exceed $5,000.
  • Payment of restitution.

What If You Didn’t Go Through With the Crime?

Even if you did not go through with the identity theft crime, the law still looks to see if there is a proven intent to commit fraud when a court decides to convict you. What does this mean? It means that if you initially set out to steal someone’s credit card information for your own financial gain, gathered the information, but never went through with using their information, a court only needs to see that there is provable intent.

What Should You Do When Charged With Identity Theft?

If someone is accusing you of identity theft, it is a very serious matter. It could mean a permanent criminal record, large fines, and time in jail. This could make finding a job or getting a home very difficult in the future. Don’t settle for representing yourself in court when someone accuses you of this crime. Instead, get an attorney for criminal defense in DC as soon as possible who can help you with your identity theft charge.

 


 

Thank you to our friends and contributors at The Law Firm of Frederick J. Brynn, P.C. for their insight into criminal defense and identity theft charges.

I was injured in a rear end collision, but I don’t know if I was at fault. Can lawyer help me?

Auto Accident Lawyer

In the U.S. the most common types of car accidents include rear end collisions, T- bone collisions, and head on collisions. The later two types tend to cause the most life threatening injuries because the typical impact points are close to the occupants of the car. Rear end collisions can also cause serious harm or death; however, determining fault in these collisions is often more complicated.

Who is At Fault in a Rear End Collisions?

When it comes to determining who is at fault in a rear-end collision, it will largely depending on whether or not the state in which the accident occured in is an at-fault, no-fault, or modified-fault state.

In general, liability will typically fall on the driver of the rear vehicle. This is because it is presumed the driver failed to adhere to his or her duties as a responsible driver by:

Failing to Pay Attention to the Traffic In Front – Had the driver been paying attention, they would have likely been able to stop before crashing into the car ahead.

Driving at a Reasonable Speed – If the driver was not going to fast, and driving at a reasonable speed, they should have been able to control the car and bring it to a stop beforehand.

Maintaining a Safe Distance – Ideally, there should be a distance of 1-2 cars in between the rear driver and the driver in front. This would allow the rear driver to control their own car and break completely before the collision.

These assumptions may pertain to a number of situations; however, there are some exceptions in which the front driver could also be liable. For example, you could be found negligent of a rear end collision if any of the following apply:

  • You slammed on your car brakes without any warning
  • You cut in front of a driver without giving them enough room
  • You were recklessly driving

Common Injuries Sustained in Rear End Collisions

Rear end collisions are not often fatal or life threatening, but they do tend to result in injuries that cause chronic pain and suffering. Furthermore, many of the injuries are difficult to prove which means you should seek immediate medical help, document everything, and contact a car accident lawyer. Common injuries include:

  • Whiplash
  • Soft tissue damage
  • Neck and back trauma
  • Muscle injuries
  • Facial damage

Protect Your Rights by Calling a Car Accident Lawyer

Rear end collision cases can be rife with challenges and hurdles; however, when you have a good car accident lawyer on your side, you can feel confident in knowing the insurance company will be less likely to take advantage of you or your confusion.

Let a Bethesda car accident lawyer investigate and strengthen your case; thereby, protecting your rights and interests.

 


 

Thank you to our friends and contributors at Cohen & Cohen, P.C. for their insight into car accidents and personal injury claims.

Are There Risks to Commuting by Bicycle?

Bicycle Accident Lawyer

Commuting by bicycle can be an attractive way to get to work for a number of reasons. Not only are there a number of health benefits attached to it, it may allow for you to avoid the gridlock often experienced by drivers. For those interested in reducing their carbon footprint, biking can pose a number of environmental benefits. Although there are a variety of precautionary measures bicyclists should take during their commute, there may still be risk associated with commuting by bike. This is a primary reason why bicyclists who have been injured by vehicles should speak with an attorney if they have fallen victim to an accident.

There can be risk faced by bicyclists when they choose this method of transportation:

  • Commuter cyclists face greater risk of experiencing accidents at the hands of a motor vehiclist because they are likely to be traveling during peak traffic times.
  • There is very little protection riding a bike may offer to a cyclist. Aside from a helmet (which can significantly mitigate head injuries) there is virtually nothing in place to protect a cyclist’s body from the impact of a motor vehicle.
  • Drivers who are not paying attention can easily hit a commuter bicyclist, especially if they drift into a bike lane.
  • A driver may fail to notice a bicyclist who is riding next to them.
  • Many cities are behind in providing bike lanes for cyclists, meaning they must share the road with cars. This puts the likelihood of an accident higher than in cities that have incorporated bike lanes into their planning.

If you have suffered an accident at the hands of a motor vehiclist, it’s essential to have an attorney review your case. Many who have only suffered minor injuries may never take action. Allowing an attorney to provide you with consultation may be key in attaining the compensation you may be desperately in need of.  

Enlisting the Help of an Attorney

Reviewing your case with an attorney may give many people reason to pause. Those who have suffered an accident may worry about the cost and commitment that comes with attaining an attorney’s services. However, it’s important to keep in mind that most attorney’s provide their first consultations free of charge. As a result, accident victims have the ability to review the details of the accident with a professional who is well versed in accident claims. An attorney can review your case and help determine the appropriate strategy to move forward with. Because many attorneys will provide their services on a contingency basis, they are likely not to take on cases that do not have a strong chance of achieving favorable outcomes.

Although there can be risks to riding a bicycle, there are many benefits that can outweigh the dangers. By taking certain precautions, you may be able to help mitigate the risk that can come with this form of transportation. Sometimes, an accident can be inevitable, no matter how many safety precautions you may take. If you have been the victim of a bicycle accident contact the best personal injury lawyer Philadelphia, PA offers to determine the most appropriate course of action.

 


 

Thank you to our friends and contributors at Wieand Law Firm, LLC for their insight into commuting bike accidents and personal injury cases. 

I was injured by a beauty salon worker, is there anything I can do to recover damages?

Personal Injury Lawyer Memphis, TN

Visiting a beauty salon, nail parlor, or beauty spa should be enjoyable. These places help to instill a sense of relaxation, rejuvenation, and confidence in men and women. Most visitors will get the experiencing they are seeking and leave with a smile on their face. However, some will get more than what they had hoped for. As a personal injury lawyer, we have known of cases that involved clients who sustained injuries or infections attributed to:

  • Poorly performed procedures
  • Unsanitary bathing areas, including jacuzzis
  • Unclean tools and instruments
  • Reusing products that should be disposed of
  • Failure to keep beauty areas clean (i.e. tables, chairs, foot baths, etc.)
  • Failure to wear gloves or protective masks

Any of the above would result in injuries or infections. If you received a hair coloring, perm, cut, waxing, manicure, pedicure, body scrub, massage, or any other beauty related treatment, and were injured, you may have the right to file a personal injury claim. Time is of the essence. By delaying you could risk vital evidence being destroyed. Please call a personal injury lawyer as soon as possible.

Safety at Beauty Salons

You might want to think that beauty salon related injuries are rare; however, they are very real and common. However, they often go unreported. Infections, scars, burns, cuts, and injuries can, and do occur in beauty salons every day throughout the U.S. Most states have passed legislation that require beauty salons to practice specific safety and sanitation procedures. Licensed staff are generally also required, particularly in any of the following professions:

  • Cosmetologist
  • Nail technician
  • Esthetician
  • Barbers
  • Hair braiders
  • Masseuse
  • Makeup artist

Infections that Can Occur from Visiting a Beauty Salon

There are hundreds of different types of infections; many of which can be found in beauty salons. When one of these establishments does not keep their premises clean, and there are numerous clients coming in and out everyday, bacteria and infectious growth can be left behind. These can then be transferred from another client or employee of the salon. Poor sanitation can lead to infections such as:

  • Flu
  • Warts
  • Athlete’s Foot
  • Tetanus
  • Methicillin-Resistant Staphylococcus Aureus (MRSA)
  • Mycobacterium Fortuitum
  • Hepatitis

Infections like these can cause significant illness, scars, loss of limb, and death. The financial losses associated with infections may also be excessive.

Permanent Makeup and Tattooing

Many beauty salons offer tattooing of the eyebrows, lips, eyes, and other areas of the face or body. Also known as permanent make-up this has become more mainstream over the last decade. Tattooing is regulated in most states which means parlors should carry a license and maintain strict sanitary protocols. Because the skin is penetrated with a needle, there is a high risk of infection. Failure to sanitize the equipment can result in serious infections including hepatitis and tetanus.

Beauty Salon Insurance

A majority of beauty salons will carry liability insurance to cover any claims made by clients who suffered an injury, including an infection. If you visited a salon and were injured by the treatment, you may be able to file a claim against the establishment. Damages for medical care, financial loss, emotional anguish, and other losses may be available. Consider calling a personal injury lawyer Memphis, TN offers today at WisemanBray, PLLC to learn more.

Top Workers Compensation Claims

Personal Injury Lawyer

When you are working on a job, you do not expect to get injured. However, even people who have a desk job run the risk of being injured at work. While every state has different laws pertaining to workers compensation, most companies offer benefits including medical expenses, lost wages, and rehabilitation services. Workers compensation can get expensive so companies devote a lot of time to taking safety precautions such as continuous training for employees and investing money in safe facilities. Here are some of the top workers’ compensation claims filed by employees.

  1. Struck by an object

While this may seem very simple, it is actually very common. An object can fall off a shelf or a coworker could accidentally drop a heavy object they are carrying. This type of injury could happen to anyone from construction workers to office workers to retail employees.

  1. Highway accident

Injuries from highway accidents are most common for truck drivers and other delivery services where a vehicle is your “workplace”. However, highway accidents can also happen when on a business trip or traveling to an offsite work event.

  1. Machinery accident

When working with heavy machinery, serious injury could occur if safety precautions aren’t followed. These types of accidents generally happen to construction workers, factory workers, or warehouse workers — anyone who operates heavy machinery.

  1. Overexertion

The most common workplace injury that files for workers compensation is overexertion. Overexertion is caused by overextending or using a joint or muscle beyond its normal function. These injuries are most common in construction or factory workers. Police officers are also prone to overexertion injuries.

  1. Repetitive Motion

While harder to prove, repetitive motion injuries are very common in a wide variety of jobs. Injuries caused by repetitive motion include carpal tunnel or tendonitis. This can be a result of things like typing, using a mouse, sitting for long periods of time, straining your eyes to look at a computer screen, lifting boxes, or do any motion over and over again.

  1. Workplace Violence

Unfortunately, workplace violence has increased in the past decade. Twenty years ago, it was uncommon for there to be an active shooter in the workplace, but now companies have to prepare their employees for the worst. It’s not uncommon to find how to survive an active shooter video shown at orientation. Workplace violence can also include robberies, assaults, and altercations between coworkers.

There are a wide variety of workplace injuries that can occur. No one expects to be injured at work, but it can and does happen. It’s important to be prepared for any situation. This includes taking all safety precautions when operating machinery, taking breaks at work from being at your desk or staring at a computer, or using caution when moving heavy items.

Studies have shown the most dangerous jobs (those who have the most workers compensation claims) are construction workers, police officers, nurses aides or orderlies, janitors, truck drivers, and warehouse employees. However, injuries at the workplace can happen to anyone. Be sure to know your company’s workers compensation benefits and be sure to file a claim with a workers comp lawyer Long Island relies on if you ever experience an injury at the workplace.

 


 

Thank you to our friends and contributors at Polsky, Shouldice & Rosen, P.C. for their insight into workers compensation.

The Role that Forensic Accident Reconstruction Plays in Personal Injury Claims

Personal Injury Lawyer

In the aftermath of a car accident, it is not always clear how the accident occurred and what party was at fault for the accident. Proving fault in an accident is an essential key to a successful lawsuit. The accident may have resulted in severe injuries or even deaths that prevent the drivers from accurately recalling the details of the crash. Witnesses can be unreliable and depending on their location or view of the accident, may have conflicting testimony. The best way to accurately depict the events of a car accident it to utilize the skills of a forensic accident reconstructionist.

A forensic accident reconstructionist is a trained professional who uses engineering principles, laws of physics, witness testimony, police reports and evidence from the scene to piece together the details of the car accident. They can accurately determine what happened before, during and after the car crash and who was at fault for the crash.

There are many elements that must be considered when recreating an accident scene like weather conditions, time of day, distractions, road construction and mechanical failures. All of these issues can greatly affect how a car accident takes place. A reconstruction team will use surveying equipment to create a perfectly accurate model of the scene to recreate the accident with all of the various elements in place.

The reconstructionist must also take into consideration the type of cars being driven. The weight and size of a car will have an effect on how fast the vehicle can stop or accelerate at different speeds. For example, a reconstructionist can determine a vehicles speed based on the type of vehicle, the length of skid marks left on the road and the location of impact. These calculations can help determine whether a driver was speeding and therefore at fault for the accident.

An experienced car accident lawyer Lake Worth, FL trusts will likely consult a forensic accident reconstructionist because this professional can be used as an expert witness at trial. The reconstructionist can prepare models, computer designs and animations to present their findings. This testimony can be critical in determining fault in a personal injury claim.

If you were injured in an accident in which fault is not cut and dry, you can discuss using the expertise of an accident reconstruction specialist with your attorney to assist in your claim. This professional and expert witness will be able to piece together the fragments of your accident to determine fault and make sure that you have the tools necessary to win your lawsuit.

 


 

Thank you to our friends and contributors at The Law Office of Eric H. Luckman, P.A. for their insight into car accidents and personal injury claims.

Common Reasons Why Truck Accidents Occur

Trucking Accident Lawyer

Unfortunately, truck accidents are a daily occurence in the United States. Because commercial trucks are such large and heavy vehicles, the injuries that result from the injuries are usually life-threatening. While some truck accidents are caused by unforeseen conditions, the majority result from carelessness. If you were injured in a truck accident caused by negligence, you may be eligible for compensation.

Here are some of the most common causes of truck accidents:

Driver Fatigue

Truck drivers have to spend some long hours on the road. Although federal regulations prohibit these drivers from driving too many hours in a row, not all of them follow these rules. They may feel pressure to deliver all their goods by a certain deadline and drive longer than they are supposed to. Truck drivers who are running on little sleep can’t focus that well on the road and are more likely to cause accidents.

Speeding

Truck drivers are under constant pressure to deliver their goods by certain deadlines. If they are running behind, they may be tempted to drive above the speed limit to get to their destinations on time. Unfortunately, speeding can lower a truck driver’s reactions times and make the truck spin out of control. Truck drivers who don’t follow the speed limits put everyone on the road in danger.

Poor Vehicle Maintenance

Commercial trucks are driven thousands of miles a day. That can cause excessive wear and tear on these vehicles, increasing the risk of equipment failure. Worn brake pads or tires, for example, can cause a major accident. That’s why it’s important for trucking companies to regularly maintain all of their trucks and get them repaired immediately if there is a problem.

Distracted Driving

Truck drivers have to spend hours on the road, so it’s easy to see why they would get bored from time to time. They may try to entertain themselves while they’re behind the wheel to kill some of that boredom. However, this is dangerous behavior. Whether truck drivers send text messages on their smartphones or change the radio stations, they take their eyes off the road. Taking the focus off the road for even a few seconds can lead to an accident.

Alcohol and Drug Use

Driving a truck can be a tough job at times, and some truck drivers may use alcohol or drugs to unwind. This can impair their driving and put everyone on the road at risk. When truck drivers are under the influence of drugs or alcohol, they will have slower reactions times and have trouble focusing on the road ahead.

If you were injured in a truck accident caused by a negligent truck driver, you should speak to a Canoga Park truck accident attorney as soon as possible. He or she can review your case for free and determine if you have enough evidence to file a claim. You deserve to be compensated for everything you have been through.

 


 

Thank you to our friends and contributors at Barry P. Goldberg for their insight into trucking accidents and personal injury.

Finding the Right Business Succession Lawyer

Business Lawyer Memphis, TN

Many people feel a peace of mind when they plan for the unavoidable. If you are someone who has invested your time, money, and energy into a business, this is no different. When you pass away or retire, you want to have peace of mind that your business can keep operating without you to head it. For many, this is just as important as writing your last will and testament. However, you might not be sure where to start. Can you simply tell people who you want to run your business when you are gone? Business lawyers know you have many questions regarding business succession and have helped many clients over the years by answering these questions and developing a strategy that is right for them.

What Steps Can We Take?

When developing a business succession plan, we sit down with our clients to go over a few main steps that can help them envision what they want their business to look like in the future. These steps are:

  • Establishing Your Goals
  • Determine the Decision-Making Process
  • Decide on Your Succession Plan
  • Create Your Transition Plan

Step 1. Establish Your Goals. The first thing you should do when creating your business succession plan is to establish your goals. If you already have a business succession plan, you can review it and determine if it has the rights goals in mind. As we formulate this plan, decide what the vision and objects are for this business once you are gone. Is it important that your family is involved with it? Do you have professional advisors on retainer to help fulfill these goals? You can also use this time to determine your own personal retirement goals through the business.

Step 2. Determine the Decision-Making Process. Who is involved in the decisions for your business? Will this be left to trusted people in your company, third-parties, or family members? What happens when a dispute arises? Will your document have the answer for the final say or will you have someone appointed and put in place to resolve the dispute? You should also communicate what your succession plan is to your family members and your stakeholders.

Step 3. Decide On Your Succession Plan. At this step, we can decide on who your successors will be. It is also imperative to identify members of your family that are active and inactive regarding your business.

Step 4. Create Your Transition Plan. Finally, you can determine the timeline you believe is appropriate for implementing your business succession plan. You can also consider the different financing options if you want this business to be purchased. Do you want to finance through a third party?

How an Attorney Can Help

A business lawyer Memphis, TN trusts at Wiseman Bray, PLLC wants to see you and your business succeed, while you are still at the reigns and even after your business is in the hands of someone else. When you work with a trusted lawyer, you are getting an ally that can help you navigate the different business succession laws and help you find the right plan for you. Don’t hesitate any longer on your business’ future. Call an attorney today.

Workers’ Compensation for Bus Driver Injury

Personal Injury Lawyer

Driving a bus is not a job to take lightly. Automobile accidents are one of the most common causes of injury in America, and as a bus driver, you are responsible for not only your life on the road but the lives of all your passengers. What if a tractor-trailer runs through a red light and crashes into your bus? Perhaps you had already dropped your passengers off, but you were injured in this crash. How can you receive compensation for this accident?

Are bus drivers eligible to receive workers’ compensation?

Unfortunately, your injuries have made it impossible for you to work, but you need a steady paycheck to keep paying your bills. What can you do in this situation? Because you were injured while performing duties for your job, you are entitled to claiming workers’ compensation. If you weren’t actively working, though (if you were off the clock and driving to or from your house when the accident occurred), you would likely not be eligible to receive compensation.

How to File for Workers’ Compensation

When filing a workers’ compensation claim, it is imperative that you follow the steps below to ensure you are eligible.

  1. Report Your Accident. You must report your injury to your employer after the accident occurs. Tell them what type of injury and where, the time and location the accident occurred, who was involved, and how the accident happened.
  2. Seek Medical Treatment. Seeking medical treatment will not only ensure that your injuries are taken care of promptly and have a better chance of healing, but a medical professional can document your injuries and show how they are a direct result of the accident
  3. Gather Your Information. When filing a claim, there is certain information that you might be asked. It is important that you know the precise location of where the accident happened, where you are injured, contact information for any witnesses, your employer information, your doctor’s name and the hospital or clinic they work at, and your employer information.  

After you Make Your Claim

While some believe that the process is complete once you file your paperwork, it does not always end here. It is important that you follow up on your claim and keep track of how your injury is affecting your everyday life. You also want to keep receipts of your expenses that are directly related to your injury.

What if my claim is denied?

There are some reasons that a workers’ compensation claim could be denied. If this is the case, you should consider hiring an attorney who works with workers’ compensation claims regularly to see what the best next steps are for you. It can add even more stress to your plate if you are forced to deal with complicated legal matters.

Further questions?

If you have any further questions about workers’ compensation claims after a bus accident or would like to set up an appointment with one of the top workers comp lawyers Long Island offers today to get your free consultation.

 


 

Thank you to our friends and contributors at Polsky, Shouldice & Rosen, PC for their insight into workers compensation and bus injuries.