Pursuing Justice through a Wrongful Death Claim

Posted by on Nov 15, 2015 in Wrongful Death | 0 comments

Many different kinds of major accidents, which have claimed thousands of lives, have happened in the past, leaving many families grieving over the loss of their loved ones besides causing them other kinds of hardships, such as emotional and financial burdens.

Acting and behaving in ways that will never put another person at risk of injury or serious harm should be everyone’s conscious thought; this manner of acting and behaving need not be commanded by law, but since many rather choose to act negligently or recklessly, laws need to be passed and strictly enforced to keep law-abiding persons from the harmful behavior of non-caring individuals.

Negligence is the basis of most personal injury cases or lawsuits, which are filed by injured victims for the purpose of seeking compensation from the liable party for the harm that his or her wrongful conduct has caused. It can be committed by anyone and anywhere, with actions most often resulting to different kinds of injury-causing accidents, such as slip and fall, job-related accidents, cruise ship accident, plane accident, dental or medical malpractice, exposure to hazardous substances or conditions in the workplace, and motor vehicles accidents (wherein those involved may include cars, trucks, motorcycles, bicycles or pedestrians).

According to the National Highway Traffic Safety Administration (NHTSA), car accidents, in particular, number to more than five million in the US every year. These accidents, which result from drunk-driving or driving under the influence (DUI), reckless driving, overspeeding, distracted driving, road and highway defects, and defectively designed car or car parts, injure more than two million and kill more than 30,000 people. While disability, as one of car accidents’ results, is already a very serious case, wrongful death is still their worst consequence.

An Indianapolis car accident attorney might define wrongful death as the loss of a person’s life due to another individual’s negligence or willful misconduct. Due to this loss, the surviving family members and/or dependents (known legally as “real parties in interest”) of the deceased victim can file a special kind of personal injury lawsuit, called a wrongful death claim, for the purpose of pursuing justice, usually through compensation for all the pecuniary or financial damages they will be made to undergo due to the victim’s death.

A wrongful death lawsuit may be filed by the family’s/dependent’s representative, while the damages that may be considered compensable may include loss of financial support due to the victim’s death, medical and funeral expenses, lost prospect of inheritance, financial worth of all the goods and services that the deceased victim would have provided his/her family, loss of consortium and the family’s pains, suffering, and mental anguish.

There are important things that the family members and dependents of the deceased should know regarding all legal matters related to filing a lawsuit, such as their state’s specific laws on wrongful death claims, damages covered, the statutory (time) limit for the filing of the lawsuit, and the requirements for one to be recognized as “real party in interest.” These are matters that the surviving family may want to entrust to a highly-qualified personal injury lawyer, who may just be able to provide the necessary legal assistance that the family actually needs.

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Repetitive Motion Injuries

Posted by on Jul 29, 2015 in Workplace Injuries | 0 comments

Construction workers have some of the most physically demanding jobs on the market. These jobs often involve repeating certain motions over and over again, for hours and hours a day. These repetitive actions can lead to serious injuries that develop over time and may leave a person unable to work. People may not take action to alleviate their injury, as the symptoms may only occur during work at the beginning. However, as time goes on, the pain can become excruciating at all points of a person’s day, even when they aren’t working. Not only is this uncomfortable, but can cause a person to be unable to work, according to the website of Crowe Mulvey. However, there are some signs to watch out for when it comes to repetitive motion injuries.

Some of the first signs a person may notice is pain, aching, and tenderness in the affected area. For example, if you use your elbow in daily work activities and start noticing pain when you bend your elbow, it may be a sign of a repetitive motion injury. As the injury gets worse, an individual may experience throbbing, tingling, or stiffness at the site of the injury. They may also be able to see visible swelling at the site. If these symptoms are ignored, the injury may become so bad that a person can not properly perform their job, leading to physical and financial stress. Some common results of this are bursitis, tendinitis, and carpel tunnel syndrome which can last for years of a person’s life. Due to this, it is important to recognize the symptoms early on.

Even though repetitive motions may be a part of an individual’s job, injuries from this cannot be ignored. Medical problems caused by these motions can last for years and need to be treated as soon as possible.

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Causes of Car accidents in Lake Charles

Posted by on Apr 5, 2015 in Automotible Accidents | 0 comments

Lake Charles is the 6th largest city in Louisiana, which means more car accidents. About 33,000 people in the US die every year from vehicular accidents, or one every 15 minutes. It is the leading cause of death for younger Americans. However, that is not the end of the story. There are approximately 2.3 million injuries resulting from a car-related accident, or about 43 every minute. Many are minor, but way too many are serious injuries with long-term consequences.

Some of these may be due to slippery roads or mechanical failure, but in many cases (98%) the accident is caused by the negligent or irresponsible behavior of one driver. The most common of these behaviors include:

  • Looking at something other than the road (rubbernecking)
  • Using a cell phone
  • Fiddling with a GPS or radio tuner
  • Sightseeing
  • Being distracted by passengers
  • Fatigue
  • Driving too fast in poor (road, weather, etc.) conditions
  • Drunk or intoxicated driving

It only takes a few seconds of distraction or a slight impairment for an accident to occur. While the driver does not usually intend to harm others, they are still liable for any injuries or death that occurs. Any Lake Charles car accident lawyer would point out that but for that reckless or careless act, the accident would not have happened.

This is the reason why drivers in the US are required to have liability insurance. A motor vehicle is like a loaded gun, and in the hands of an irresponsible driver, it can cause devastating harm. It takes only a single human error to end a life. In a recent accident in Lake Charles, a drunk driver failed to negotiate a turn and crashed the car into a tree. An unrestrained female passenger flew from the vehicle in the crash and died on the scene.

If you have been seriously injured in a negligent car accident, you are probably in need of financial assistance. You have every right to sue the negligent driver, the insurer, or both for damages in Lake Charles. Speak with a Houston, Texas personal injury lawyer for more information.

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Updates on Tranvaginal Mesh Litigation

Posted by on Feb 24, 2015 in Dangerous Medical Products | 0 comments

Transvaginal mesh litigation is considered one of the most prolific of product litigation lawsuits in US tort law history. There are more than 60,000 claims already filed with the courts, and another 50,000 plaintiffs are expected to file suit. This prompted the Food and Drug Administration (FDA) to level up the product from moderate to high risk classification for the treatment of women with pelvic organ prolapse (POP) or urinary incontinence.

Transvaginal mesh multi-district litigation (MDL) is currently pending in the Southern District of West Virginia naming seven defendants including C.R. Bard Inc, American Medical Systems, Inc. (a subsidiary of Endo International Plc.), Ethicon Inc. (a division of Johnson & Johnson), and Boston Scientific, all manufacturers of transvaginal mesh products.

The claims against these defendants include defective design and manufacture of the product which resulted in serious injury or harm to those who were implanted. Furthermore, plaintiffs claimed that they were not given adequate warning about the dangers associated with using the product which included mesh erosion, infection, and organ damage. Many of the plaintiffs had to undergo revision surgery to remove the mesh and repair the damage done, and in some cases the mesh was beyond recovery or the damage was too severe to be repaired.

Twenty thousand lawsuits had been filed against American Medical Systems, a major mesh manufacturer. The company was quick to announce that it would settle many of the claims from a $1.2 billion fund provided by Endo for that purpose, but has not admitted to any liability. Ethicon, on the other hand, is not giving way to the 30,000 claims made against them and both sides are preparing for the third bellwether trial set for early December 2014, despite its defeat in September when the jury awarded $3.27 million in damages to plaintiff Jo Huskey for injuries sustained with using the TVT-O pelvic mesh sling device. The verdict is currently being appealed.

Avaulta transvaginal mesh manufacturer C.R. Bard chose to settle some of the lawsuits against them, agreeing to pay about $43,000 for each of 500 cases when the federal court directed them to prepare for trial in those 500 cases. But there are more out there; in excess of 9,000 cases have so far been filed against the mesh manufacturer. Boston Scientific was ordered by a Texas state court to pay $73 million in damages (reduced to $43 million in compliance with Texas law) to Martha Salazar for her injuries caused by the Obtryx sling. More than 14,000 plaintiffs are asking for compensation from Boston Scientific.

If you sustained serious injuries from using a transvaginal mesh product, you are definitely not alone, nor should you sustain the financial consequences on your own. Contact a personal injury in your area for legal advice.

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Birth Injury: What to do Next?

Posted by on Jan 17, 2015 in Birth Injury | 0 comments

A lot of couples look forward to making their own family and eagerly attempt at having children. What with the delicate nature of this procedure, extra care must be practiced. However, sometimes people make mistakes born of carelessness or negligence and the consequences of these acts are often irreversibly catastrophic for the victims.

There have been a few unfortunate cases when it is even both the mother and the child who suffers horrifically. That is why the practice demands only the utmost care but also has strict legal consequences should these demands not be met.

The first legal action you need to make after going through what is, no doubt, a traumatic experience, is to contact the right Birth Injury lawyer in order to make sure that your case is handled as properly as possible. According to the website of the Ausband & Dumont Law Firm, it is understandable for you to still be coping and still trying to recover from the whole ordeal. The attorneys that you then need to look in to are ones who are knowledgeable in this field of law, as well as confident in their sufficient knowledge of medical jargon and the medical specifics of your case. This is necessary so that your legal team can represent you properly and you can concentrate on getting back on your feet.

Birth injury can call for legal action if the circumstances fit within the criteria for the case to be filed as a subset of medical malpractice.

If the injury at hand was born of negligence, incompetence, or carelessness – then it is within your rights to demand for due compensation. This compensation can be for the medical bills that are now required or, if the injury is severe and now demands medication for a lifetime, then the offending party is also liable to accomplish that. Among other costs, there are also the punitive charges and the loss of income to account for. Though the compensation will never be enough to make up for the loss and hurt that only a birth injury situation can give, it can provide some semblance of comfort and care throughout it all.

If you or someone you know has been a victim of birth injury, it is advisable that legal advice be sought immediately.

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What is an Arrest Warrant?

Posted by on Nov 8, 2014 in Criminal Defense | 0 comments

We often hear that there is a warrant out for a person’s arrest, which means that the individual names in the warrant is not yet in the custody of the police. But what is an arrest warrant and can one be out for you without your knowledge?

An arrest warrant is a document prepared by law enforcement that authorizes the apprehension of the named person. It has to be signed by a magistrate or judge, who will only do so if they are convinced in good faith that there is cause to believe that a crime has been committed by the subject of the warrant. In the warrant, certain specifications may be imposed, such as the crime, when and where the subject may be arrested, other restrictions, and bail (or in the case of a no-bail warrant, that no bail will be allowed, typically the case for “bench” warrants).

The document, which is actually a sworn affidavit, includes all the facts of a case that establishes the probable cause for the commitment of a crime by a specific individual. The affidavit cannot be couched in terms so vague that it could apply to more than one person. An example would be an application for a warrant that describes a middle-aged Caucasian male present at a liquor store at the time that a robbery took place that could refer to John Smith as well as Freddie Johnson. If the warrant is for John Smith, it doesn’t definitely identify John Smith as the only person who fits the description, unless the application further states that John Smith was identified by name by witnesses as the person who did the robbery. The judge or magistrate will sign the warrant if he or she is satisfied that there is sufficient evidence to justify the arrest the subject of the warrant.

An arrest warrant can be issued against you without your knowledge, and you will best serve your interests if you consult with a lawyer as soon as you are served with it and taken into custody. However, if you already believe that an arrest is imminent, it will not do to panic. As pointed out on the Flaherty Defense Firm website, the best thing you can do is to consult with a criminal defense lawyer to make your arrest as painless and stress-free as possible. An experienced lawyer will know how to work the system so that you will spend as little time in jail as possible such as by arranging for your bail with a bonds agent.

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Why You Need a Pet

Posted by on May 30, 2014 in Pets | 0 comments

People seem to be so busy making a living that they are missing out on having a life. Although they do say that time is money, it does not necessarily mean that all we have to do is work. Going home and relaxing are just as important as having a job, but what really makes life most enjoyable, especially for single people, is having a pet. Of course, a pet is a big responsibility, but there are many benefits that a pet can provide that work can’t provide. Read on as to why having a pet can actually make you happier, energized, and focused in life.

Pets, whether they are cats, dogs, or rare and exotic ones like iguanas, can help prevent mental and psychological issues. Pets help prevent depression and can even help in lowering blood pressure. Research shows that people with pets have higher rates of survival from heart attacks than those who have no pets. Pets help reduce stress and tension, and could calm and relax their owners. They don’t have to be dogs or cats, any pet can provide these benefits. The most basic fulfillment of humans’ need to touch can be provided by pets, as they ease loneliness and could be a great stimulus for health exercises.

Additionally, having a pet makes you more responsible. It can have a positive effect on your lifestyle. Having a pet can provide you a routine, and cause a reduced sensory relief. Pets also help you meet new people, making you more sociable and they are great companions in life. Older people share a sense of fulfillment, even in their advance age, while taking care of a pet. Exposure to pets during infancy also can help reduce chances of developing allergies.

In order to reap the full benefits of having a pet, it help to know what type of pet would suit you and your lifestyle. As said earlier, pets are a responsibility, and would require love and care from their owner. Select the best pet that is compatible with you and your way of living, and you will have the benefits of having a full and enjoyable life.

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Sertraline (Zoloft) Side Effects

Posted by on Apr 19, 2014 in Dangerous Medical Products | 0 comments

Sertraline, most commonly known under the brand name Zoloft marketed by Pfizer Inc. is an antidepressant drug of a class called selective serotonin reuptake inhibitor (SSRI). It was first introduced in 1991 and mainly given as treatment for major depression in adults, and for any patient with obsessive compulsive disorder, panic disorder, or social anxiety disorder. Next to citalopram (brand name Celexa) and beating out fluoxetine (brand name Prozac), more than 37 million prescriptions for Zoloft were handed out in 2011.

Zoloft is considered to be equally if not more effective than other SSRIs for treating different types of depression. Studies indicate that it is efficacious in treating panic disorder but should be used in combination with cognitive behavioral therapy to make a dent in obsessive-compulsive disorder cases. Although approved for it, sertraline does not distinguish itself in treating posttraumatic stress disorder and social phobia. Overall, sertraline has fewer side effects that other medications in its class as well as older formulations, and the effects are generally milder.

As with other SSRIs, Zoloft also causes diarrhea, dry mouth, dizziness, persistent tinnitus, insomnia, nausea and sexual dysfunctions (difficulty in achieving sexual arousal, orgasm, or ejaculation) in some patients with similar profiles, although sertraline causes comparatively milder cognitive impairment, less somnolence and insignificant weight gain. However, suicidality is still a serious side effect of sertraline, with the at-risk population among the young (less than 25 years of age) and the elderly (past 65 years old).

Rather unique to sertraline is the risk of developing microscopic colitis (inflammation of the colon) which seems to be associated with the drug, though why this should be is unknown. Sixteen percent of cases in a clinical study yielded reports of short-term akathisia (inner restlessness and tension) which appeared at initial dosage and at dosage increase but which disappeared after a few days.

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Risperdal Dangers to Young Men

Posted by on Apr 16, 2014 in Dangerous Medical Products | 0 comments

There is probably nothing more devastating to a young boy than to be teased by his peers for being “girly.” This can be anything, ranging from being too neat to the way they run. But when a young boy who is already struggling with a mental illness such as bipolar disorder, autism, or schizophrenia starts to actually grow breasts, it may literally push him over the edge.

Gynecomastia is the development of breasts in males that can occur naturally at certain stages of life when the hormonal balance is upset. This is a condition that can develop in puberty and persist for up to two years, but it is also common in babies and the elderly.

In itself, gynecomastia is not a condition that poses any physical risk to the individual when it is benign and not a symptom of cancer or rliver failure. It may feel uncomfortable and tender at times, but it is not going to kill anyone. The psychological and emotional effects on a pubertal boy, however, are a whole different ball of wax. Luckily, it eventually goes away and is soon forgotten.

While naturally occurring, some medications can trigger the condition even when the patient is past puberty and not yet elderly. Specifically, Risperdal (risperidone) is strongly indicated in a significant number of cases where male patients taking the antipsychotic drug developed breasts. Considering that the drug is designed to help people who already have mental problems, this side effect is particularly unfortunate. The condition is generally irreversible and may require surgical removal.

What makes it even worse is that the manufacturer Johnson & Johnson (J&J) knew about it but failed to provide adequate warning to physicians and patients.  This is the reason why J&J is under legal fire from individuals as well as states, all seeking compensation for the losses they suffered from the aggressive marketing and lack of candor exhibited by the drugmaker. Litigation is ongoing, so if you or a family member suffered harm as a result of using Risperdal, you may be eligible to file a negligence suit against J&J. Contact a personal injury lawyer in your area with extensive experience in handling defective drug cases to find out what your legal options are.

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Definition of Intellectual Property

Posted by on Apr 11, 2014 in Intellectual Property | 0 comments

The world would not exist as we know it without intellectual property. Intellectual property is essentially a product of someone’s bright idea. Unlike physical property which can be placed in a safe or fenced in to keep out trespassers, intellectual property is an intangible asset, and requires a different set of laws to protect the rights of the owner. Thus was born the concept of intellectual property rights, which you as a creator can use to protect your intellectual property from unauthorized or uncompensated use.

Intellectual property addresses a huge range of assets such as original designs, compositions, literature, and art as well as scientific discoveries and mechanical inventions. It may also apply for any process, method or formula that a particular company or business entity has pioneered. If you have ever made use of the image of a superhero on a t-shirt without permission from the artist or owner, for example, you would be in violation of intellectual property rights, specifically the copyright, and may be prosecuted.

The principles that comprise the legal backbone of intellectual property laws has its origins in Europe as far back as 1624, but it was only in the 20th century that the laws became widely adopted and enforced. In the US, it only came into common usage in 1980. Currently, it is overseen by the World Intellectual Property Organization as a United Nations agency.

There are several types of intellectual property rights. These include copyright, trademarks, industrial design rights, trade dress, trade secrets, and patents. When the creator or company produces a certain product such as a drug or engine design that is significantly different from other similar products, they can apply for exclusive rights to that product which if approved will bar any other person or company to use the same formula or design without the express permission of the rights owner. If permission is given, it usually includes a royalty agreement, where the rights owner receives a percentage of whatever the petitioner earns from the use of the formula or design.

Owning intellectual property rights is the impetus that drives many companies and individuals to invest heavily in research and development into creating products that have marketable applications because it has the potential for generating income. Imagine having the exclusive rights for a formula for a weight loss product that gives instant results with absolutely no side effects; it would make the owner millions, if not billions.

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