Posted by Aubrey at Feb
A study by the Christopher and Dana Reeve Foundation reports that 5.6 million people, or roughly 1 in 50 Americans, are paralyzed to some degree. Sudden paraplegia resulting from a car accident can be shocking and creates the immediate need for specialized medical equipment and supplies. The spinal cord contains a large bundle of nerves that is part of the central nervous system and receives signals from the brain. These signals allow for sensations, such as heat and cold, and also controls movement. A serious injury to the spinal cord can sever the connection from the brain to the body, disrupting both movement and sensations in the lower half of the body. A range of medical supplies may be necessary to accommodate the loss of feeling and movement that a person experiences after a traumatic injury to the spinal cord.
A wheelchair is typically the first piece of equipment that someone will need when they are paralyzed after a car accident. There are two types of wheelchairs: manual and power. Manual wheelchairs are usually lightweight and easy to push, with a focus on being able to be used heavily on a daily basis. Power wheelchairs are generally not used by paraplegics unless they have some condition that would prevent the use of manual wheelchairs, such as advanced age or an arm injury. Bathroom aides are another important tool used by paraplegics. These can include wheel-in shower chairs, stationary shower chairs, bathtub lifts, and other tools to help paraplegics remain mobile in the bathroom. Another common tool is the grab bar, which assists in stability while transferring, both in the bathroom and throughout the house of a paraplegic.
Some homes must be refitted to accommodate a paraplegic occupant. A home elevator is necessary for homes with more than one floor and can come in many forms beyond that of a traditional elevator lift. Inclined platform lifts are often used in these situations to help a user up a set of stairs by raising and lowering a flat platform upon which a wheelchair can sit. Porch lifts are the outdoor version of inclined platform lifts and allow for the user to move easier out of doors.
Posted by Aubrey at Sep
The Bard G2 IVC Filter was put on the market as a substitute for those who could not take blood thinners to prevent pulmonary embolism. The device was surgically implanted into the patient’s interior vena cava, according to the website of Habush, Habush, & Rottier S.C., and prevented the migration of blood clots to the lungs. The device was meant to be temporary and be removed as soon as the threat of blood clots subsided. When the device was left in patient’s body for too long, the effects could be devastating.
The device’s cage-like legs began fracturing into other areas of the patient’s body. When filter parts began breaking off, they could travel to a patient’s heart causing heart attack or to the brain, leading to stroke. The device shards could also become lodged in the lungs, leading to difficulty breathing and potentially deadly lung complications. When the device legs or other parts of the filter break off, the metal pieces can travel through the bloodstream, puncturing other major organs and then becoming lodged in them. The migration of parts of the device to other areas of the body can cause fatal problems in individuals. Shockingly, these were just a few of the risks associated with the device, after a total of 921 adverse effects of the filter were reported to the FDA.
Unfortunately, these warnings came too late for some individuals as 27 deaths have been linked to the Bard G2 IVC Filter. Despite these dangers, many patients were still implanted with this device and are dealing with the devastating effects. The Bard G2 IVC Filter, which many believed would help them ended up hurting individuals in imaginable ways. Numerous lawsuits have been filed against C.R. Bard, the company behind the device, but individuals are still faced with the costs of the filter.
Posted by Aubrey at May
The US Federal Trade Commission (FTC) was created in 1914 for the main purpose of preventing any type of business practices that are deceptive, anti-competitive or unfair to America’s consumers and to improve consumers’ understanding of the competitive process and choice of products through correct information; FTC, of course, will have to accomplish these tasks without causing undue burden to legitimate business activities.
The FTC accomplishes such challenging tasks through its Bureau of Consumer Protection, which “stops unfair, deceptive and fraudulent business practices by collecting complaints and conducting investigations, suing companies and people that break the law, developing rules to maintain a fair marketplace, and educating consumers and businesses about their rights and responsibilities.”
In 1972, another independent agency was created, this time for the purpose of regulating the manufacture and sale of consumer products, such as cribs, toys, appliances, fireworks and lawn mowers: the Consumer Product Safety Commission (CPSC). CPSC’s jurisdiction, however, includes only those products that are not identified (by law) as falling under other government agency’s scope, like: drugs, cosmetics, medical devices and food, all of which fall under the Food and Drug Administration’s jurisdiction; automobiles, which is under the National Highway Traffic Safety Administration; aircraft, which is managed by the Federal Aviation Administration; alcohol, tobacco & tobacco products, which are under the jurisdiction of the Alcohol and Tobacco Tax and Trade Bureau; firearms and ammunition, which is under the Bureau of Alcohol, Tobacco, and Firearms; and so forth.
With regard to products that are under its control, CPSC: bans whatever causes, or have the potential to cause, danger; establishes safety requirements; issues recalls on those already on the market; and, researches about their possible hazards. And, with the millions of foreign and national products entering the US market, plus the thousands more of new consumer goods being introduced every year, CPSC is certainly one very busy independent government agency.
In October of 2014 CPSC announced the forthcoming recall of 55,000 USB charging cables by Tectron International due to reports that the product has the tendency to overheat and melt; on January 15, 2015, the Commission confirmed Ikea’s recall of 169,000 crib mattresses after two children were reported to have been trapped in the company’s crib models; and, months before December 2014, in preparation for the holidays, screened, to check for hazards, thousands of imported toys and products. There are times, however, when CPSC is not able to seize all defective or counterfeit goods that enter the US due to lack in budget and staff, thus, it advises consumers to buy what they want and need, as much as possible, only from established retailers.
Products under the CPSC’s jurisdiction are not the only ones that have been recalled, by the way. Millions of cars and car parts, prescription drugs, and many other products have also been recalled (in the past) either voluntarily by their respective manufacturers or by the agency which oversee these.
Often, defective products would already have caused harm before complaints are made about these, obviously since consumers are never aware of their defects as anyone would naturally believe that all products made available on the market are safe. Thus, for many consumers, filing a product liability lawsuit becomes the only means in seeking justice and compensation for all the damages they have been made to suffer.
Filing a liability lawsuit can be complicated, though, due to the various documents that need to be prepared and the limited time, or statutory limit, that need to be observed. In Louisville, seeking legal assistance from a personal injury lawyer could be a big help to someone who may have been harmed by any type of product, including household items, vehicle, food, medicine, etc.
Posted by Aubrey at Jan
Long has the saying been known and many parents will echo the statement: “No father should ever bury his son.”
Gender aside, the quote rather speaks for itself. It is one of the most terrible things – for a child to lose his or her life. They have so much more potential and they have barely had a life to live in the first place. It is why acts, either willful or accident, that cause the wrongful death of a child are appalling and need to be addressed as such by the fullest extent of the law. According to the website of Ausband & Dumont Law, some acts that are brought by negligence – or the failure to exercise expected care – can result into fatal accidents that then bring about instances of wrongful death.
The law varies from state to state for any kind of legal claim and the rights of children are often different from adults, depending on their age. For example, any Atlanta child injury lawyer can tell you that any child in the state of Georgia aged 5-13 can be changed with contributory or comparative negligence. This is to say that they can be held liable for some of their actions and thoughts. That is not to say, however, that these children are wholly responsible for their own demise.
It is little complexities like that that further complicate what is already a horrible, traumatizing experience. Legal action against child injury is also set upon a limited time table and so the open window available to the grieving parents or guardians is quite limited. There is nothing in the world that could ever replace the life and companionship of a child but those guilty of the heinous act must be held responsible and pay recompense, in order for the now bereaved to have, at least, some measure of comfort.
In the event of a wrongful death claim, both of the child’s parents are to be given compensation for the loss of the child’s life, though this matter can get complicated if the parents are divorced. If you or your loved one is currently having to go through this difficult time, it is advisable that they acquire legal assistance immediately.
Posted by Aubrey at Sep
The National Highway Traffic Safety Association (NHTSA) estimates that nearly 280,000 rollover accidents occur annually. Of the reported number of annual rollover accidents, nearly 10,000 are fatal. Since these accidents are so common and dangerous, it’s important for drivers to protect themselves against factors that could cause a rollover. Due to their structure, Sports Utility Vehicles (SUVs) are much more likely to be involved in rollover accidents. SUV’s have a higher center of gravity than other standard-sized cars. Because of this, they are more prone to tip if the driver takes a sharp turn or encounters harsh winds.
The width between the left and right tire wells also makes a difference in the vehicles ability to avoid rolling. Cars with greater width between the left and right tires are more stable. Rollover accidents pose an extremely great threat to passengers and drivers because of the trauma to the spinal column and neck that they often cause. In order to avoid rollovers drivers of at-risk vehicles should be mindful of slowing down while turning as well as practicing extra caution when roadways are wet or icy. People that survive rollover accidents often have broken bones, spinal disc fracturing, and sometimes paralysis.
According to the website of the attorneys at Pohl & Berk, LLP, people injured as a result of rollover accidents can sometimes hold the vehicle manufacturer legally responsible for the accident. It could be argued that the design is faulty and puts consumers at risk if the car has short wheelbases relative to its height, uneven weight distribution, or a lack of vehicle stabilizers. However, sometimes tire blowouts (not design) cause rollovers, wherein the manufacturer of the faulty tire can be sued to cover the damages.
If you or a loved one has been injured in a rollover accident, contact a personal injury lawyer today. An experienced attorney will be able to help you through this difficult time, giving you the best legal representation possible.
Posted by Aubrey at Aug
Motor vehicle accidents are a serious issue, and are responsible for more deaths in the United States than any other cause. Nearly 1.2 million people die every year on the world’s roads, and unfortunately, the greatest threat to drivers is often drivers themselves.
Many auto accidents are preventable because they occur as a result of another driver’s negligence. The best ways to reduce the number of collisions, deaths, and injuries are to pay attention to the road and know your car. By becoming aware of your surroundings and how to control your car, you can react more efficiently to the changing conditions of the road. Car accidents are often a result of:
- Driver error
- Reckless driving
- Drunk driving
- Mechanical or highways defects
According to the website of Kenosha car accident law firm Habush Habush & Rottier SC ®, highway accidents are more likely to occur during nighttime. This is because driving can be impaired by fatigue, limited visibility, and the blinding lights of oncoming traffic.
Motorcyclists are actually 35 times more likely to experience a fatal accident than those in passenger cars. However, the causes of motorcycle accidents are extremely similar to that of car accidents. According to the San Antonio motorcycle accident lawyers at the Chris Mayo Law Firm, the main causes of motorcycle accidents include:
- Poor vehicle stability or low visibility in bad weather conditions
- Drug or alcohol use
- Aggressive driving or disobeying traffic laws
- Defective motorcycle
- Road hazards
Due to the lack of safety feature in comparison to cars, motorcycles are more likely to be involved in deadly accidents. Motorcycles are also smaller and narrower than most other traffic, so they may be more difficult to spot on the road. Steps like wearing protective clothing, giving adequate distance between yourself and others, and being a defensive driver can help to prevent riders from being involved in a dangerous collision.
Posted by Aubrey at Aug
For business or individuals who have large amounts of debt, bankruptcy may be the most suitable option to get relief from debt. However, not all debts are dischargeable, so arm yourself with the facts in the event that you are considering bankruptcy.
Chapter 7 bankruptcy allows a debtor to gain relief from debt in a timely manner, discharge all or most of their debt, and stop creditor action. If a debt is dischargeable, it means that it can be dismissed through bankruptcy so that it no longer exists to the debtor. According to Chapter 7 attorney Ryan J. Ruehle Attorney at Law, LLC, these debts typically include:
- Credit card debt
- Medical bills
- Debts acquired through businesses
- Personal loans
Even though there are exceptions, the most common non-dischargeable debts include:
- Student loans
- Child support
- Debts from falsifying financial statements
- Court fines from criminal charges
- Income taxes
It may come as a surprise that medical malpractice judgments are dischargeable in the event that a physician files for bankruptcy. According to the website of Oklahoma medical malpractice attorneys at the Abel Law Firm, medical malpractice is committed whenever a medical worker does not meet the professional standards of their field. This could involve medication errors, misdiagnosis, and surgical errors. There were 12,142 medical malpractice payouts in 2012, but as long as the lawsuit does not involve an injury caused by a willful or malicious act, the payout is dischargeable. Medical malpractice is common, and it is easy for medical bills to pile up in the event of injury or illness, which is why it is important to seek legal counsel to find out if bankruptcy is right for you or if someone else may be at fault for your medical bills.
Posted by Aubrey at Aug
Any accident or danger that can happen on someone’s property would be covered under premises liability. When property managers fail to keep up with proper maintenance or do not warn of potential dangers, they put visitors and residents at risk of being injured.
The most common premises liability cases involve slip and fall accidents. According to a Louisville premises liability lawyer of the Sampson Law Firm, the most common causes of these accidents include:
- Poor lighting
- Leaving water or spills on the ground
- Failure to fix damaged floorboards
- Failure to repair or replace stair railings
Although slip and falls seem like they would be minor, they often lead to more serious injuries including broken bones, head and spinal injuries, and internal damage.
Premises liability involves many other cases such as dangerous exposure to mercury, lead paint, mold, and pesticides. Many people underestimate the dangers of swimming pools, but they are actually associated with serious accidents due to drowning, lack of supervision, and even diving board injuries. Other common premises liability cases involve fires, elevator or escalator injuries, and stair or porch collapse.
Injury because of someone else’s carelessness is legally referred to as negligence. If you have been injured due to a third party’s negligence, then there are certain things you have to prove in order to successfully file your claim. According to the San Antonio personal injury attorneys at the Chris Mayo Law Firm, you have to provide evidence that the defendant owed a responsibility to you, failed to meet that responsibility, and that your significant injuries were a direct result of that failed responsibility. Since some of these steps may be difficult to prove, it is important to contact an experienced attorney in order to protect your best interest and receive the compensation you deserve for your injuries.
Posted by Aubrey at Aug
Over two million auto accidents occur every year in the United States. Collisions can lead to extensive damage resulting in injuries, extensive medical bills, and lost wages. Unfortunately, some of these accidents are due to driver error, and are preventable.
All drivers on the road have a duty not to endanger other drivers with negligent behavior. However, commercial trucks are usually carrying a large load, and are much larger than other vehicles on the road, meaning they have an even greater responsibility not to make reckless driving decisions. Unfortunately, not all drivers uphold their duty, because driver error is the leading cause of truck accidents. According to the Texas truck driver negligence lawyers of Williams Kherkher, truck driver errors include:
- Driving with an overweight load
- Driving while fatigued
- Not properly securing load
- Aggressive driving
- Failure to properly use brakes or turn signals
- Driving during adverse conditions
- Driving under the influence of drugs or alcohol
Obviously driver error is not limited to truck drivers, the above actions are also causes of smaller vehicle collisions. Distracted driving, such as using a cell phone, is an extension of driver error and is one of the most common causes of car accidents. For example, 21% of drivers between the ages of 15-19 involved in fatal crashes were a result of cell phone use. Text messaging is especially dangerous since it requires manual, visual, and cognitive attention. Not using a cell phone would significantly lower your chances of being involved in an accident, but even choosing to use a hands-free Bluetooth device would allow you to focus more on the road and less on your cell phone. This, however, is not a foolproof method for eradicating your chances of making a mistake behind the wheel. Remember to exercise extreme caution while driving any type of motor vehicle.
Accidents involving driver error and distracted driving occur far too often. If you or someone you know has been injured in a car or truck accident due to driver error, it is important to seek legal counsel in order to put the process of securing compensation in motion.
Posted by Aubrey at Aug
Chicago is notorious because it was set as the scene for many a mafia story, but while the city remains a hub of international trade and industry, it is mostly legitimate nowadays. While mobsters are no longer commonplace in Chicago, car accidents unfortunately are.
In 2012, 956 people died in 886 fatal car crashes in the whole of Illinois. Of that number, there were 270 fatalities in 252 fatal car accidents in Cook County, of which Chicago is a part. In Chicago alone, there were 134 fatal car accidents. This means that last year, 2.6 people died every day in Illinois or 3 people every 4 days in Chicago alone. That does not include car accidents where there were no fatalities, so serious personal injuries are not even factored into the equation and it is grim enough.
And it seems that the trend is upward, albeit not dramatically, despite continuing efforts by the state government to improve road safety through driver awareness programs. Compared to the 1941 toll of 2,600, current statistics may seem an improvement, but any increase in car accidents from year to year is never a good thing, and never when it happens to you or someone close to you.
Car accidents often entail costs to the victims, including physical, financial and emotional. When car accidents happen because of negligence, it is the victim’s right to demand and receive compensation. According to the website of Jeff Sampson, tort law places the burden of proof on the plaintiff, and it is not always easy to know what you need to have to make your case. There is a lot that goes in to proving that an accident was unequivocally someone else’s fault, including detailed record keeping.
If you are considering filing a personal injury or wrongful death claim against a negligent driver, you need a lawyer with a deep understanding and knowledge of civil tort law in your area. Without such knowledge and experience, it will be very difficult to win your case.