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Pressure Cooker Injuries: Do You Have a Injury Claim?

Have you fallen for the pressure cooker trend? Pressure cookers can be great kitchen appliances. You may have a lot of recipes that you use with your pressure cooker. Unfortunately, for a lot of people, pressure cookers have caused severe injuries. Pressure cookers contain hot food and liquid. When there is a malfunction, it can lead to catastrophic results. If you’ve been injured by your pressure cooker, here is what you need to know before you file a personal injury claim.

What Caused the Injury?

After you receive medical attention, it is crucial that you think about what caused the injury. Was it something that you did in error or was it a malfunction? If there are any product defects with the pressure cooker, then you may have a personal injury claim against the manufacturer of the pressure cooker.

Pressure cooker injuries can happen when the lid cannot seal properly. In addition, there are some cases where the pressure cookers exploded when someone tried to take the lid off of the cooker. When this happens, hot food and liquid sprays everywhere and can wind up severely injuring a person.

If there is a defect with the cooker, then it doesn’t matter if you do everything right. You could still be hurt. As long as you were not at fault, you can file a personal injury lawsuit against the manufacturer.

How Severe Is the Injury?

When it comes to personal injury law, the severity of the injuries matter. The reason that the severity matters is because the cost of your medical treatment is often aligned with how serious the injury was. The more serious, the more likely you are to receive a bigger settlement. This is because the more serious of an injury, the more likely you are to have extensive medical bills and possible lost wages. The most common injuries caused by pressure cookers are burns. These burns may come from the electricity or they may come because of the scalding liquid.

Once you receive medical treatment, you should seek help from a personal injury lawyer. Your lawyer is there to help you determine if you have a case and what your case is worth. For injuries caused by design defects or malfunctions, you may have a case against the manufacturer. 

Bicycle Safety Basics

bicycle accident lawyerBicycling is great exercise and a great way to get from place to place while reducing your carbon footprint.  Unfortunately, bicyclists face many hazards, especially when sharing the roadway with motorists.  According to the National Safety Council, approximately 1,000 bicyclists are killed in accidents each year.  These basic safety tips will help protect you and your family when you are riding a bicycle.

  1.  Always wear a helmet.  Head injuries are a major factor in bicycle-related deaths.  You should always wear a properly-fitted, Consumer Product Safety Commission approved helmet, regardless of how long you intend to ride.
  2. Ride single-file and travel in the direction of traffic.  Some people believe that riding against traffic (sometimes called “salmoning”) is safer than riding with traffic.  These people believe that salmoning is safer because, when riding against traffic, the bicyclist is able to see drivers coming, rather than having motorists approach from behind.  However, bicycle safety experts disagree for several reasons.  First, motorists instinctively look for vehicles traveling with the flow of traffic and might pull onto a roadway without looking for bicycles traveling in the opposite direction.  Also, riding against the flow of traffic increases the severity of a potential impact between a bicycle and a vehicle.  For example, if the bicyclist is riding at 15 mph and vehicle comes up from behind traveling 40 mph, the impact speed would be 25 mph.  However, if the bicyclist and the vehicle were approaching head-on, however, the impact speed would be 55 mph.  Finally, riding against the traffic flow is against the law.  So, if you are in an accident  while riding against the flow of traffic, you might be found to be at fault.
  3. Be extra careful at intersections.  Approximately 50% of bicycle accidents occur at intersections.
  4. Be visible.  Don’t wear dark clothing.
  5. Be especially careful at night.  According to the National Highway Traffic Safety Administration, most bicycle accidents occur at night.  Be sure to equip your bicycle with reflectors and, when riding at night, wear reflective clothing.
  6. Watch for objects on the roadway.  Tree branches, loose gravel, potholes, and drainage grates can all cause serious bicycle accidents.
  7. Obey street signs.  Bicyclists are required to obey the same rules of the road that apply to motorists.
  8. Plan your route to minimize the time spent on busy roads and roads with narrow shoulders.  Bicyclists take their lives into their hands whenever they ride close to vehicles traveling at a high rate of speed.  All it takes to cause a catastrophic accident is for a motorist to be momentarily distracted and drift onto the bike lane or shoulder.
  9. Be careful in urban areas.  Most bicycle accidents occur in urban areas.  When passing parked cars, watch for car doors that might open suddenly.  The best practice is to pass far enough away from parked cars (approximately 4 feet) to avoid being hit by an opening door.
  10. Don’t wear headphones when you ride.  You need to be able to hear motorists as they approach.
  11. When passing a pedestrian or another bicyclist, give them an audible warning as you approach.  (For example, “On your left!”)

Motorists can help.  Give cyclists room when passing.  When pulling onto a roadway, look to the right and to the left.  Be aware that some bicyclists might be traveling against the flow of traffic.  When exiting your car, use the hand farthest from the door to open the door.  This technique is known as the Dutch Reach.  Doing so will cause your body to turn, making it easy for you to check your side-view mirror and look back for oncoming bicycles and vehicles.

If you are injured in a bicycle accident involving a motorist, you may be able to bring a personal injury claim against the motorist.  Also, your automobile insurance policy might provide benefits when you are hit by a car while on your bicycle.  Finally, if you are injured due to a defect in the roadway, you may be able to bring a claim against the government entity or landowner responsible for maintaining the roadway.  It is important to preserve evidence of the dangerous condition on the roadway that caused you to crash.  Take photos, if possible.

 

Driver Arrested in Kansas Crash that Killed Local Radio DJ

WCH 12 News is reporting that a man has been arrested in connection with a car crash that took the life of Wichita radio personality Don Hall (https://www.kwch.com/content/news/One-killed-in-E-Wichita-crash-570035641.html).

In the early morning hours of Wednesday, April 29, 70-year-old Hall was driving east on Kellogg Drive in the City of Wichita. When the DJ turned from Kellogg onto Rock Road, he was hit by 43-year-old Ray Watkins, who was going south down Rock Road and ran a red light right before his vehicle collided with Hall’s. 

Shortly after the crash, police officers arrived at the scene at the intersections of Kellogg and Rock Roads. They found Hall pinned in his own vehicle. He was pulled out from the vehicle in critical condition, and he died on the scene.

Watkins only suffered minor injuries in connection with the crash, and he was arrested without any incident. Law enforcement officials say Watkins had been previously arrested and convicted of a charge of aggravated robbery.

According to police, Watkins had drugs and alcohol on his person and in his vehicle, and they believe these were factors in the deadly crash. The 43-year-old has since been charged with murder in the second degree in connection with Hall’s death.

Local police chief Gordon Ramsay issued a statement saying that Don Hall was a large part of the local community for years and will be missed. 

Wichita State University (WSU) also issued a similar statement in light of Hall’s passing. Hall began announcing the basketball games for WSU’s men’s team, the Shockers, in 1983. According to the university, in his 36 years as the announcer, Hall only missed two games. He also worked as a radio announcer for several local stations for 45 years and was on KEYN Radio prior to his untimely death.

Despite the national attention to the dangers of driving while impaired, people still continue to do so at an alarming rate. The National Highway Traffic Safety Administration reports that on average, around 30 people die each day in alcohol-related crashes in the US; that works out to one death at 50 minutes daily (https://www.nhtsa.gov/risky-driving/drunk-driving). While deaths stemming from alcohol-involved crashes have dropped by one-third in the last 30 years, over 10,000 lives are still claimed in this manner every single year.

People do not have to get incredibly intoxicated to cause accidents, either, although that is a common misconception. Just a blood alcohol level of .02 can result in a loss of judgment on a driver’s part and a decline in their ability to pay attention and track moving targets visually. Simply put, any type of drinking and driving do not mix well and can result in serious accidents, changing people’s lives forever in just seconds.

Birth Injuries In Mother And Child

The line between medical malpractice and birth injuries can blur together if a doctor acts negligently when tending to a mother giving birth. A doctor must always uphold a certain standard of medical care as a requirement of those practicing in the medical field. When a doctor is negligent during delivery, it can potentially cause severe harm to mother and child.

What should have been a day of joy and celebration may turn into a nightmare and anguish upon realizing that your newborn isn’t perfectly healthy, and that a doctor or medical staff may have contributed to it occurring in the first place.

If you believe that your doctor was careless, ignored symptoms, failed to properly monitor you, or something else during labor and delivery, then it may be time to consult with a legal professional about what you can do to seek justice for what happened. 

 

Common Examples of Negligence

Delivery can be a very complex and emotional time for a mother and her baby. With such an intense thing to go through, it is important that medical staff are prompt in identifying and treating any issues that arise along the way. If they don’t, then the mother and baby may succumb to injuries or fatality. The most common examples of negligence and child birth include:

 

 

Failure or Delayed Diagnosis

Doctors may fail to diagnose a condition in the mother entirely, diagnose her with the wrong condition, or diagnose her too late, which then can lead to serious injury. Such conditions may include the mother having high blood pressure, diabetes, or another illness that affects the labor and delivery process, potentially resulting in the newborn getting hurt too. Examples of other conditions that a doctor may delay in identifying or fail to diagnose are listed below: 

 

 

Wrongful Pregnancy

It is also possible that a woman gave birth to a baby, but had taken steps to not procreate. Wrongful pregnancy is when a woman gets pregnant despite using methods to not have a baby, such as sterilization or an abortion. Even if the baby is born completely healthy, the parents can still sue the doctor or medical facility for wrongful pregnancy. That is, if the doctor who performed the sterilization, abortion, or other procedure had not done it properly, which led to the pregnancy. 

 

If you are a mother who endured a birth injury or wrongful pregnancy, then it is recommended that you schedule a consultation with an attorney, who is experienced in medical malpractice cases as soon as possible. 

 

 

 

What a Nursing Home Lawsuit Might Entail

If you are headed into the ordeal of a nursing home lawsuit, you might be apprehensive because you don’t know what to expect. Speaking with your attorney is a great way to obtain more information so you can be prepared for what’s next, but the following are some steps your lawsuit might entail.

The Investigation

After you lawyer takes on the case, he or she will begin to conduct an investigation into what happened to your loved one in the nursing home. In many cases, the misconduct is due to medical malpractice, and the lawyer can determine if that is so with your case. It could take some time for the investigation to conclude, as the lawyer’s team will collect health records, witness statements, physician statements and more.

The Notice of Claim

Before you can file the lawsuit, your lawyer will help you put together a Notice of Claim. The NOC will go to any potential defendants and will notify each that you plan to file a lawsuit. You generally have to get this done at least 60 days before filing.

The Negotiations

It’s possible you can avoid going to court by settling the case through negotiations and mediation. It could take some time for you and the negligent party to settle on something that you both feel is fair, but doing it this way could reduce costs, and could also reduce the amount of time spent at trial. The other party could reject everything offered, which could make negotiations hard or impossible, and in that case, a mediator might step in.

If your case goes to mediation, that party is basically trying to help you settle outside of court, as a last-ditch effort. If the mediator can get both parties to come to an agreement, the lawsuit will be settled. If not, you’ll move ahead to court.

The Trial

In a nursing home negligence trial, there may be witnesses that come forth to present the case before a judge and/or a jury. Trials could take quite a bit of time, but it could conclude in just a day or two as well. The jury or judge will make a verdict at the end of the trial, and that will be the final settlement.

The Timeline

This whole process could take anywhere from 18 months to a few years, depending on the complexity of the case and how cooperative each side is during negotiations. If other victims come forward, it could also complicate the case, making it possibly take longer.

What to Do Today

If your loved one has been suffering due to negligence in a nursing home, it’s time to take action and get your loved one out of there. Contact your nursing home lawyer today to learn what you should do next.

 

Why You Should Hire an Estate Planning Lawyer

Why You Should Hire an Estate Planning Lawyer

 

By now, you are probably aware of the importance of having a solid will in place. A will ensures your family is taken care of and your final wishes are carried out. However, you may wonder if you should draft the will yourself or hire an experienced estate planning lawyer to do it for you. While drafting your will is certainly the cheaper option, it may not be the best option. Here are a few good reasons to hire an experienced estate planning lawyer.

 

States Laws Are Very Specific

What you can or can’t include in your will depends on the state you live in. Different states have different rules about estate plans. If you don’t have a background in estate planning, you might not be aware of all the rules in your state. This can cause you to make a mistake that could render your will invalid. That’s one of the reasons working with an experienced estate planning lawyer, like an estate planning lawyer in Sacramento, CA, is so important. He or she will know about all the estate planning laws in your state and help you avoid mistakes.

 

Estate Planning Lawyers Can Handle Complex Situations

If you have a complicated family or financial situation, you have yet another reason to hire an estate planning lawyer. Complex situations may include owning a business, being in a second marriage, having minor children, owning substantial assets, and having real estate in more than one state. An experienced estate planning lawyer can help you sort your situation and look out for your best interests.

 

You’ll Save Time and Energy

Wills are complex legal documents that take a lot of time to prepare. If you don’t have a background in estate planning, it may take you even longer to draft the will yourself, leading to stress and frustration. You may have to take valuable time away from your responsibilities at home to write the will. On the other hand, if you hire an experienced estate planning lawyer, he or she can draft a will for you and save you a lot of time.

 

Estate Planning Lawyers Offer Objectivity

An estate planning lawyer can also bring a voice of reason to your estate plan. For example, if you’re thinking about leaving your entire estate to your 18-year-old son, your lawyer may advise you to rethink your decision. He or she can offer you unbiased advice and look out for your best interests.

 

If you’re ready to draft a will, schedule a consultation with a reputable estate planning lawyer.

 

Thanks to Yee Law Group Inc. for their insight into why you should hire an estate planning lawyer. 

How a DUI Can Affect Your Divorce and Child Custody

If you’re going through a divorce and child custody battle, you’re already going through a lot of stress. Getting charged with a DUI can make a tough situation like this even more complicated. If you’re in this situation, it’s in your best interest to consult with a divorce lawyer and DUI lawyer.

Here are some of the different ways a divorce can affect your divorce and child custody.

More Financial Expenses

Going through a divorce and child custody battle is expensive enough as it is. When you have a DUI charge on top of that, you have even more financial expenses to worry about. Court fees, fines and hiring a DUI lawyer can easily cost thousands of dollars. If there are injuries or property damage that resulted from your DUI, you will have even more expenses to worry about.

Increased Emotional Stress

It’s no secret that divorce proceedings can lead to a great deal of emotional stress. You’re upset about your family breaking apart and are unsure of what your life will be like afterward. If you’re charged with a DUI during the process, you can expect to experience even more emotional stress. Your spouse will likely become angry and disappointed, increasing the tension between the two of you. You may also worry about all the legal fees you have to pay and if you’ll have a permanent criminal record or not.

You May Deemed an Unfit Parent

If you’re currently going through a child custody battle, a DUI charge won’t look good to a judge. Even if your children weren’t in the vehicle when you were arrested, the judge may feel like you make poor decisions and you’re not a good influence on your children. He or she may decide to award custody to the other parent.

Revoked Driving Privileges

The judge may likely suspend your driver’s license for a while, even if this is your first DUI. If you can’t drive, you will have a more difficult time picking up your children and spending time with them. The court will consider your ability to meet the daily needs of your children as an important factor in determining child custody.

Hiring a DUI Lawyer

If you were recently charged with a DUI, you likely feel scared and overwhelmed. It’s important to speak to a reputable DUI lawyer in Fairfax, VA about your case as soon as possible. He or she can build you a strong defense and increase your chances of a positive outcome.

Thanks to May Law, LLP for their insight into criminal law and how a DUI can affect child custody.

Three Things Not to Do at A DUI Checkpoint

Colorado’s state constitution upholds that checkpoints for DUI are legal in the state. Because of this, DUI checkpoints are commonly used to help catch people driving under the influence and for the ticket and penalty revenues that often result, particularly in high-traffic times during the holiday periods.

If you are ever at a DUI checkpoint, there are some things you should never attempt to do. Should you make a mistake at a checkpoint and need legal help, remember to contact a lawyer , as soon as you can for assistance.

Do Not Break Any Traffic Laws

While you are allowed by law to turn around to avoid a DUI checkpoint you see up ahead, you can never break driving rules to do so. The police will be watching for vehicles that are trying to avoid the checkpoint, so any breach of the road rules will result in you being pulled over and possibly charged with whatever the violation was, even if you are not driving under the influence. Things such as illegal U-turns will only land you in potential hot water.

Do Not Tell Law Enforcement Officers What You Drank

At a DUI checkpoint, one very common question law enforcement officers ask is how many drinks you had that night. The very best answer to this particular question is no answer to begin with. Here, the officers are looking for a reason to stop you at the checkpoint, and if you admit you had even a drop of alcohol, you’re probably going to be asked to pull over for even more questioning. However, if you don’t provide a real answer, they have no immediate reason to have you pull over and no statement to use against you later in court during a DUI case.

Do Not Complain about the Checkpoint or Backtalk the Officer

If you are rude in any way to a law enforcement officer at a DUI checkpoint or you complain about how inconvenient it is, you’re probably going to run into trouble. Always be courteous with and polite to any law enforcement officer you interact with, even when that officer does not act the same way with you. Any time you are rude or disrespectful to a law enforcement officer, you will draw attention to yourself, and this negative attention can result in an arrest or citation. Overall, you have to stay civil and be polite regardless of the circumstances.

Keep in mind that if you feel an officer has crossed a line, you can take action later. Note the officer’s badge number if you can —or their name, at the very least— and let an attorney know about what happened. They will advise you on the next steps to take to address the officer and what happened.

If you find yourself in hot water after a DUI checkpoint, remember that you still have rights. Speak to a DUI lawyer in Denver, CO about what happened as soon as you can so they can work on defending you and your right to drive.

Survival Action vs. Wrongful Death Claims

Survival Action vs. Wrongful Death Claims

The death of a loved one can bring inconsolable pain and sadness to all family and friends. If you believe the circumstances surrounding your loved one’s passing are based on intent or negligence from another person or organization, you could file a legal claim for financial and emotional compensation. There are two common claims for these cases that are statutory under state laws: wrongful death and survival action.

What Is Wrongful Death?

Wrongful death claims are focused on the family of the deceased and are commonly governed by three common issues:

What Is Survival Action?

Survival action lawsuits are essentially personal injury claims after death. These claims, usually begun before death, can be settled on behalf of the deceased. For example, if someone received an injury due to medical malpractice, they could immediately file a personal injury claim. If they died three days later from the malpractice, the case would still continue under a representative for the estate. Like wrongful death damages, survival action claims usually receive financial support; however, the proceeds pass through the estate first to pay off any debts or mortgages. Anything left is then given to the family.

Who Is Liable?

Since most survival action cases begin as personal injury cases, a wrongful death case can usually be filed at the same time. Since the facts of the case and the liability are identical, many courts chose to combine the two. In either case, an attorney must prove that the death was caused by intent or neglect by someone who had “duty of care.” A few individuals that could be held liable for wrongful death or survival action include:

In both cases, the liable party must be determined. This could be a very complex process and it’s recommended that you have an attorney, like an injury law firm, on your side. If you have lost a loved one due to intent or negligence, filing for wrongful death or survival action could help offer closure and support during a very difficult time.

 

What Type of Damages Can You Expect in a Wrongful Death Lawsuit?

You never know when the unexpected will happen. A phone call may result in the bad news that your spouse was killed in a work accident. Once it all sinks you, it may seem like an immeasurable pit of despair from which to climb out.

There are many things you have to worry about in the wake of a loved one’s accidental death. One of these things is money. Will you have enough to continue giving your children the kind of life they’re used to? Will you be able to stay in the same house or will you have to move in with family? A wrongful death lawsuit may be able to help you recover financially if you prevail. Take a look at some of the types of damages you may recover if the court says the defendant was responsible for your spouse’s untimely death.

Financial Impact
Once the court rules in your favor, the damages phase begins. During this time, you have the chance to submit tangible evidence of the economic impact your spouse’s death took and will continue to take on your family. The court may award you the money to cover things such as:

Emotional Impact
Losing someone you love takes a toll. When this person dies due to someone else’s negligent behavior, the emotional trauma may create an even greater strain on the body. These non-economic damages include your pain and suffering (and that of your children), the loss of safety your spouse provided and the loss of love and consortium your spouse provided. The financial compensation a judge awards these intangible expenses may vary based on a few factors.

First, the judge may consider the injuries of the deceased and any suffering they may have experienced. Next, the age of the deceased comes into play. Finally, the court may look at the abject behavior of the negligent party in contributing to the death.

When the parties need to present their sides on how much the plaintiff should receive in damages, there may be expert testimony required. These people may weigh in on things like the projected lifetime earnings of the deceased or the emotional impact on children should the surviving spouse have to return to work after staying home for years.

State laws vary on limits and deadlines, so getting a wrongful death attorney in Minneapolis MN to represent your spouse’s estate may help in the long run.

Thanks to Johnston | Martineau PLLP for their insight into wrongful death claims.