Accidents will happen, and it is not always someone’s fault. However, when an accident is preventable, then that is a whole other story. Tort law refers to it as a “but for” condition i.e. the adverse event would not have happened but for the act of the defendant. Louisville KY personal injury lawyers refer to the negligent act is the proximate cause, the main event, the catalyst.
For example, say that Tom decides to walk the dog for half an hour but could not find the leash. The dog is big, but it has never exhibited aggression. Tom decides it is safe to walk the dog unleashed. Along the way, they see their 5-year-old neighbor Gina in the park. Before Tom could react, the dog rushes up and knocks Gina down. The child hits her head on a concrete block and needs stitches. Because Tom did not have a leash, he had been unable to control the dog in time.
There was no intent to harm, but Tom was negligent by not having his dog on a leash. In effect, but for Tom’s action, Gina’s head would not have been wounded. In Kentucky, a dog owner is liable for any injury or damage caused by the dog. It does not have to be a dog bite, and it does not have to be an aggressive act. The formal term for this is strict liability.
It is important to distinguish between malicious intent and negligence. While both may result in a civil suit, intent is not a requirement in tort law. The plaintiff just has to prove that there was a wrongful act that was the proximate (but for) cause of the injury or damage. In Tom’s case, he was not able to control his dog because he had no leash. Sometimes, it is tragically as simple as that.
If you sustained preventable serious injuries because of the negligent act of a third party, you may be able to get compensation for your loss. Contact a personal injury lawyer in your area to establish the “but for” in your case.
Choosing the correct storage facility before moving day is critical. Every person has unique needs, and different storage facilities can offer different amenities. Major factors include location, type of unit, and size.
If wanting to frequent your storage unit, it is wise to chose one that is in close proximity to you. The location can be a determining factor because a longer distance can discourage a visit. If it is close, it is much easier to stop in and out. Furthermore, knowing the area around the facility is a considerable safety precaution. Ensuring that the neighborhood is safe is a factor of location, and safer areas grant valuables more protection.
The second factor is the type of unit. Is it a drive-up? Indoor or outdoor? Drive ups are the most easily accessible as they are on the lower floor, have roll up doors, and you can walk right up to them. Indoor units do not provide all of those luxuries, however provide better protection against dust, animals, and weathering conditions. Climate controlled units are indoor, so this could also determine what type of unit you need. Lastly, outdoor units are primary for storing larger motor items. While they do not have as much guard against weathering damages, they are convenient places for cars or boats.
Knowing how much space your items will take up is a necessity. If come storage day and your items don’t all fit into the space you’ve rented, the wasted time and hassle could’ve been saved had unit size been considered or measured. Sizes of units can range from 5X5 to 10X30, so there is that right space for everyone.
Information about self storage can be found at any facility website. While there are many factors to consider, these are three of the most important.
The Food and Drug Administration (FDA) gathers data on adverse events which in turn is monitored by consumer watch groups such as the Institute for Safe Medication Practices (ISMP) for information dissemination to the public. According to the ISMP publication QuarterWatch™ , the latest available data confirm that anticoagulant drugs are among the most dangerous of outpatient medications.
In the second quarter of 2012, Quarterwatch reported that the FDA logged 233 patient deaths out of 1,734 adverse event reports for three of the most popular blood thinning medications which including Xarelto. In the first quarter of 2013, 680 adverse events associated with Xarelto were reported, each of which may soon be a Xarelto lawsuit, outstripping its older rival Pradaxa, which logged 528 cases. The disparity is not a reflection on the higher risk associated with Xarelto but the increase in the number of patients. The numbers indicate that almost a million new prescriptions are logged every quarter for Xarelto while prescriptions for Pradaxa has steadily decreases since 2012. It is speculated that the ratio of Xarelto to Pradaxa may well be 2:1 by the end of 2013. The actual numbers are not yet in.
An analysis of cases in the earlier QuarterWatch report indicated that patients who are receiving low doses of Xarelto (10 mg) after knee or hip replacement surgery were at higher risk of blood clotting than patients with non-valvular atrial fibrillation who are put on 20 mg daily regimen. This indicates that the recommended dosage for post-surgical patients is not optimal, and that the touted efficacy of Xarelto may be exaggerated.
This has been the contention of some doctors, who are reluctant to prescribe Xarelto to their patients in light of the fact that the benefits of using the drug may not be enough to justify risking the adverse side effects associated with it. If you have been prescribed Xarelto and have discovered first hand and too late that it wasn’t worth the risk, consult with a Xarelto lawyer with proven experience in handling defective drug cases to find out what you can do to get compensation.
Have you exhausted yourself trying to figure out how to find the right attorney? You can find one if you know what you’re looking for. This article can help you with that as you navigate your way through all of your options. Keep reading to find out more about this.
Try to educate yourself on what you are dealing with. You should not be relying solely on the lawyer to plan and construct your case. Obviously, they will have more knowledge and experience dealing with your situation, but if you are prepared, you can work together as a team to get the win.
Use Google to your advantage when it comes to hiring a lawyer. Look for reviews about any attorney you are considering. If the general consensus is that the attorney you are interested in is lazy and incompetent, you should do your best to look for another attorney to handle your case.
It is hugely important that you know exactly what your lawyer plans to do for you. They should lay it out in writing, preferably, before you sign on the dotted line. If they get you to sign a legal document they have drafted without explaining it, run the other way.
If you need legal help, don’t necessarily use the lawyer you have worked with in the past. You may need a particular type of attorney, someone who specializes in the type of case you are involved in. Don’t worry, though. A specialist isn’t necessarily expensive, so you should be able to afford what you need.
Use the information you’ve just digested to help you find the right attorney for your case. You want to win your case, and you don’t want to take this decision lightly. Keep everything you’ve learned in mind as you find the lawyer that you can trust to help you through this time. If you are looking for more help, visit the articles on www.abelinjurylawyers.com.
Nursing home negligence is just one of the many types of medical malpractice that plagues the mostly clueless US population but it is perhaps one of the saddest. Nursing homes are typically filled with the elderly and infirm which are mostly unable to care for themselves, and are on the whole helpless and easily intimidated. An article on the The Majors Firm points out that the physical and psychological trauma of injury resulting from negligence can be devastating, but especially for nursing home residents who may be afraid or incapable of reporting abuse. It is only when the injuries have become apparent or death occurs that the abuse comes to light.
Incidents of physical, mental, emotional, and verbal abuse deliberately inflicted by nursing home staff has recently made the news, spotlighting the problems that has increasingly plagued nursing home administrations. Problems include staff shortages, lack of available training, and failure to adequately monitor and evaluate staff competencies. Nevertheless, injuries and deaths due to nursing home negligence are believed to be significantly underreported despite the heightened scrutiny by government agencies and advocacy groups.
But these widely-circulated instances of nursing home abuse are not as prevalent as nursing home neglect. There is usually no malice or intent to cause harm; because many nursing homes are understaffed, in many cases of neglect the staff are just overwhelmed by the number of patients under their care. Even then, it is a breach in the duty of care of the health care professional, and as such is still actionable.
Nursing home residents who suffer from nursing home negligence have a right to be recompensed for their injuries. The families of those who died from abuse, error or neglect may also bring an action against the responsible parties. A personal injury lawyer in the area with expertise in dealing with nursing homes would be the ideal representative in such civil actions.
If you believe that your loved one is a victim of nursing home negligence, he or she may be eligible for compensation. Contact a personal injury lawyer such as Ausband Law Firm by visiting their website: http://ausbandlawfirm.com/mcdonough/.
Traditionally, when a person sustains an injury that results in a broken bone inside his/her body, he/she would be required to wear a cast, usually for weeks, until the broken bone regenerates and heals completely. Today’s medical wonders would put that practice in the shelves, however, as a new means to heal broken bones, at a faster period, is in the offing.
3D-Printed-Bones, with the use of a ProMetal 3D printer, is the latest solution to people whose bones have been fractured or broken. The artificial bones have the same flexibility and strength as the real ones, according to the researchers at the Washington State University, who are to be credited for the finding.
Initially, the bone structure’s material served as a key concern to the researches; the formula they came up with, however, which combined calcium phosphate, silicon and zinc, turned out to be the best solution, as it delivered favorable and the hoped-for result when tested in rabbits.
The procedure involved the imaging of the specific bone part, creating a model of it and combining it with the person’s stem cells before placing it inside the body. After the real bone grows and heals, the model naturally disintegrates.
The researchers are hopeful that this 3D printer would also lead to the possibility of growing tissues or the whole organ after they come up with the right materials for such.
Most small business owners believe that they can handle any legal concerns that may come their way with no trouble. The fact is, business law is highly complex, and ignorance can lead to costly mistakes.
It is a little known but sound principle that any business owner who wants to be successful should hire a lawyer with wide experience and deep understanding of business law. In fact, the lawyer should be the first professional service provider on board. This especially applies to small businesses even prior to business formation, because there are many legal ramifications involved. Lease agreements, employment contracts, and other legally binding documents must be properly drafted and reviewed to limit the liability of the owner in all aspects of the business operations.
Contract law as a subset of business law can is particularly relevant. Business disputes seriously compromise the profitability of a business. It is fatally easy for inexperienced business owners to lose their shirts because they did not understand the contracts they signed with partners, banks, financiers, suppliers, and so on. They could be signing away their rights without even knowing it. Having a competent legal adviser on board would ensure that the interests of the business owners are protected.
According to the website of Arenson & Maas, PLC, it is also important to note that any business, big or small, is vulnerable to liability claims. Employees, clients, and suppliers are all potential sources of legal complications which a lawyer can safeguard against by ensuring compliance with applicable laws that address liability. Certain industries are particularly apt to get sued by their employees for personal injury, such as the construction or energy industries. This is because there are numerous safety regulations that exist and it can be difficult to keep up with all of them.
The energy industries work with combustible materials which are inherently dangerous. The work environment can get very bad very fast in case of an accidental propane explosion, for instance. The savvy business owner will not only have a lawyer advising on the required safety precautions, but also providing a defense in case of a personal injury lawsuit.
Hiring a good business lawyer is one of the best decisions a business owner can make. Without the proper legal representation, business owners may one day find themselves in a position of weakness.
Anyone who has ever been involved in a serious car accident is probably marked for life, but not necessarily in a physical way. There are many unseen consequences of car accidents which cannot be seen in an X-ray or quantified in any size, shape, or form. These are the psychiatric or mental injuries, sometimes called mental anguish, and come under the punitive side of personal injury awards when it involves tortious conduct such as drunk driving.
According to the website of Atlanta attorneys at the Ausband Firm, psychiatric disorders and symptoms that result from car accidents take many forms, and are much harder to address than physical hurts. Some studies peg 18% of respondents as developing a fear of driving over as long as 6 years, some to a such a degree that it was considered phobic, which can significantly impact the mobility of these individuals. A significant percentage (20%) of those involved in moderate to severe road accidents who suffered serious, multiple injuries developed acute symptoms of depression and anxiety immediately after the occurrence, which could persist up to 12 months.
The exceptions were for those who were permanently disabled, and their emotional distress was directly tied to their physical suffering. For a majority of those who suffered psychiatric distress, the symptoms were disabling and had significant impact on their personalities in the duration. A minority satisfied the criteria for post-traumatic stress disorder.
In many jurisdictions, mental anguish is taken in consideration when determining the extent of the defendant’s liability in terms of compensation. This is why in a majority of civil litigation finding for the plaintiff, the punitive damages often exceed that of economic damages i.e. medical and hospital expenses. While it may be tempting to disregard the claims of mental pain and suffering as frivolous for those who have not experienced the trauma of car accidents, experienced personal injury lawyers know better, and strive to protect the rights of these victims to fair and just compensation. Indeed, these kinds of unseen traumas are real and often impact a victim’s life in ways that a physical injury never could.
The default attitude of most people towards licensed medical professionals is that of trust. Because people literally place their lives in the hands of these professionals, they have to believe their licensed status means they are competent and able to provide the necessary service with the care expected of them in their capacity as medical professionals. Unfortunately, this is not always justified.
There are a lot of examples of medical malpractice that comes to mind, and involves anyone from the very young to the very old. Birth injuries in the U.S. for instance happen to 1.6 newborns for every 1,000 live births based on 2006 statistical data, which is actually an improvement over 2000, when about 7 children were injured before, during or after delivery for every 1,000 live births. One of the conditions that may result from a birth injury is cerebral palsy, a neurological impairment affecting the motor development and skills of the afflicted. While only 10% of newborns diagnosed with cerebral palsy are considered due to medical malpractice, it is still a horrific finding for parents since it was a preventable condition.
Also quite common as medical malpractice are surgical errors. According to Crowe & Mulvey, LLP, a patient going in for a routine procedure may come out with serious complications because of medication errors, retained surgical instruments, wrong site surgery, even surgery on the wrong patient! While it may seem too bizarre to be true, it has happened, which is why health professionals have comprehensive medical malpractice insurance.
The consequences of medical malpractice often involve considerable pain and suffering, not to mention expenses for additional surgeries, extended hospitalization, necessary lifestyle changes, or loss of work days or employment. Any patient or eligible family member of a patient who has suffered serious injury or death because of medical malpractice may bring a civil action against the responsible health professional and possibly the employing institution to get compensation.
There are always two sides to a coin, and this applies to what people would consider crimes. Criminal defense is defined as factors that may cancel out the wrong of what would otherwise be considered a criminal act. Under criminal law in the U.S., an individual charged with a crime should have acted in a way that was dangerous or harmful to another person or willfully failed to act to prevent harm or danger to another person. This is called actus reus or “guilty act.” However, in some cases another requirement for an act to be considered criminal under the law is that there is an intent to do harm or mens rea, which means “guilty mind.” Many of the most common criminal defenses center on the absence of mens rea. Absence of intent is not required for crimes with strict liability, such as driving under the influence (DUI).
In most other cases, an effective criminal defense may result in the partial or total absolution of the defendant. This is why choosing the best possible defense lawyer is a top priority for anyone facing criminal charges. According to resources, it is crucial to get qualified legal representation with a deep understanding of criminal law to protect the rights of the accused. Depending on the crime, a conviction can carry long terms of incarceration and the curtailment of other types of freedom, such as eligibility for certain occupations. It is very important to avoid or at least reduce the severity of the applicable sanctions.
The most common criminal defenses emphasizes that there are mitigating circumstances that led to the commission of the crime, such as self-defense, under duress, insanity, necessity or lesser harm, legal duty, and lawful capacity of office. If the criminal defense lawyer succeeds in convincing the jury or the judge that the act was justifiable or introduces an element of reasonable doubt regarding the bad intentions of the defendant in the commission of the act, then it could very well lead to conviction for a lesser offense, or even better a dismissal or acquittal.