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Summer Camp Injury

Personal Injury Attorney DeKalb County, GA

So you and your children have been awaiting for the summer break. Finally a time for them to relax and have fun. Much like sending your child to school, when you allow your children to spend time at these summer camp facilities, while always prepared, you do not anticipate your child suffering an injury of any kind. Your child is to be looked after and cared for while at summer camp, and if an injury is somehow sustained, just like any other injury case, someone must be held responsible. If a summer camp was unsuccessful in keeping you or someone you knows child safe, there are appropriate steps to take to ensure that the person responsible takes care of some or all of the damages.

The person with guardianship of the child must prove that the summer camp the child was injured at failed to hold up their end of care. Or in personal injury terms, the parent must prove “negligence”. This means, the parent must show that the summer camp and its staff had a responsible to uphold and did not do so to the fullest extent. More specifically, there are a few things that must be proven:

The summer camp was actually responsible for preventing any injuries that can be predicted. Such as making sure any outdoor equipment like slides and swings are properly secured and safe for use. In order to claim the summer camp was responsible and negligent, they must have breached that duty by failing to provide secure equipment. This occurs when maybe a screw was not secured, or even parts of a swing is broken. This failure must have led to the injury the child sustained. Maybe the swing set was not securely screwed and the child sat on it and fell, breaking his or her arm. This arm break, or any injury sustained will then be something most victims will seek compensation for.

An injury alone does not always mean it is the responsibility of the summer camp and its staff. Proving there was negligence is sometimes clear, other times it may be difficult and for this reason it is always best to speak with a skilled personal injury attorney that will be able to review and investigate the details of your claims and seek all damages owed to you, if any. If you or someone you know has been a victim of an injury at a summer camp, contact a personal injury attorney in DeKalb County, GA from Andrew R. Lynch, P.C. as soon as possible, there may be compensation for you to claim for your damages.

Compensation When Partially At Fault

Personal Injury Lawyer

When involved in an accident that leaves you injured, it is natural to want restitution, especially if your injuries have led to significant financial hardship. While seeking compensatory damages is straightforward when you are not at fault for the accident, the level of difficulty changes when your degree of involvement in the accident changes. Therefore, to understand how you can expect to be compensated if you are partially at fault, it pays to know the fault rules of your state.

Pure Contributory Fault

There are only four states and one district that recognize the pure contributory negligence rule. Under this regulation, if a driver or injured party is found to be even 1% at fault for the accident, they cannot recover damages. While this law may seem unfair, if a plaintiff can prove that the crash only occurred because of the blatant negligence of the defendant, then it is possible that the court will permit a trial for recovery of damages. This also works if the defendant can prove that the plaintiff could have avoided the accident but didn’t.

Pure Comparative Fault

The pure comparative fault rule is followed by 13 states. This law allows both parties of an accident to seek compensation for their losses; however, their recovery is limited by their level of involvement in the crash. Therefore, while a driver might be 99% at fault for an accident, they can sue to recover 1% of their losses. Again, that works the other way as well. If an individual is only 1% at fault, then they can sue to recover 99% of their damages.

Modified Comparative Fault

The majority of states follow the modified comparative fault rule, but they differ on the barrier for recovery. For example, 12 states hold the 50% bar rule, which states that if a party is 50% or more at fault for the accident, then they cannot seek recovery. The remaining 21 states follow the 51% bar rule, which stipulates that if an individual is 51% or higher at fault, then they cannot seek recovery.

Therefore, the level of compensation you can expect is entirely dependent on the state you reside in and your level of involvement in the accident. More than likely, you live in a comparative fault state, which means that if you were less than 50% responsible for the accident, then you can seek restitution for any damages. However, to get further clarification on fault and negligence, you may want to contact an experienced personal injury lawyer.

 

 

Thanks to Ward & Ward Law Firm for their insight into personal injury claims and compensation when you are partially at fault.

Definition of Medical Malpractice

Medical Malpractice Lawyer

When putting your trust in a medical professional, you want to know that you are receiving the best possible care. Although everyone makes mistakes, medical practitioners must be help to high standards to make sure that quality patient care is given every time. Medical malpractice is a serious offense, and can include misdiagnosis, negligence and surgery errors. If you have been the victim of medical malpractice and want to make a claim against a doctor or hospital, contact an experienced medical malpractice attorney today to set up your consultation.

Misdiagnosis

It is of the utmost importance that a doctor order all necessary tests and scans to ensure that a proper diagnosis is made every time. With the wrong diagnosis, the wrong treatment is often rendered that can lead to devastating and even fatal results for the patient. Misdiagnosis is a form of medical malpractice that needs to be reported and addressed so that the same situation will not happen to someone else. If you feel that your doctor did not take the necessary steps in diagnosing your condition, contact your lawyer to talk about your rights as the patient.

Negligence

Doctors are humans as well as medical professionals, but it is important that they remember that they must put the care of patients before their own. If a doctor or other healthcare professional is negligent in prescribing or administering medications, following through with treatment or performing procedures as ordered, the patient can suffer serious health consequences. The patient must report the negligence of a doctor or nurse so that he or she cannot cause the same harm to other patients.

Surgery Errors

Surgery errors are perhaps one of the most serious medical malpractice claims, as surgical errors are often irreversible and can permanently impact a patient’s life. Surgeons and surgical technicians must take all surgical procedures seriously and perform to the best of his or her ability at all times. Surgical errors commonly brought up in medical malpractice claims include the wrong type of surgery being performed, surgery being performed recklessly and incorrectly or foreign bodies being left in the patient when surgery is complete. All of these claims are serious, and the patient deserves to be compensated for the physical and emotional turmoil of these errors.

Bringing forth a medical malpractice claim may feel like an impossible task, but with the right medical malpractice lawyer, on your side, you can secure more predictable results for the outcome of your case.

 

 

Understand What it Means To Be At Fault

Personal Injury Lawyer

If you were injured by someone else’s actions, then you may be able to file a personal injury lawsuit to be compensated for your injuries. For a case to be viable, the other person needs to be at fault for your injury. This is a legal definition that you need to be aware of. It will be up to your attorney to prove it, but understanding fault will help you decide whether or not to file in the first place. It is always a good idea to speak with an attorney before making any decisions.

The Four Components of Fault

There are four things needed for someone to be at fault for an injury:

  1. Duty
  2. Breach
  3. Causation
  4. Damage

First, to be at fault, someone must first have a duty to act a certain way. This may sound like only professionals who fall short of their requirements are able to be at fault, but everyone has a duty to act certain ways. For example, we all have a duty to avoid driving while intoxicated.

Second, to be at fault, it must be shown that someone breached the duty that he or she had. Essentially, it must be shown that a reasonable person would either not act as the person did, or would act in a way the person did not.

Third, to be at fault, someone’s actions must be shown to be the causation of the incident. Even if someone breached their duty, that does not necessarily mean that it caused the injury. It could be that the injury was coincidental to an individual breaching their responsibilities.

Finally, to be at fault, there must be some tangible form of damage. For personal injury cases, this means some injury took place. If someone breached his or her duty, and this breach led to the incident, that individual is only at fault if the incident caused damage. This is just another way of saying that you need to prove that your injuries were real.

You probably realize at this point that it is a fairly complicated process to prove that someone was at fault for an incident. This is one of the biggest reasons why it is so vital that you hire an attorney, rather than trying to represent yourself. There are legal requirements that must be met to win a court case, rather than just winning an argument. The first step you should always take is to speak with a personal injury lawyer.

 

 

Thanks to Davis & Brusca for their insight into personal injury claims and what it means to be at fault.

How Much Does an Attorney Cost?

Personal Injury Lawyer

If you find yourself in a situation where you may need to file a personal injury lawsuit, one of the very first things you should do is speak with an attorney. Of course, it is well-known that private lawyers are very expensive. You may be wondering how much it costs to hire legal representation. This guide will explain the answer to this surprisingly complicated question.

The Cost

The price of a private attorney varies a great deal. The cost will depend on the complexity of your case. Additionally, different lawyers have differing rates based on how large their legal practices are. Generally, however, you should expect to pay a few hundred dollars at the very least. In some cases, a lawyer may even cost several thousand.

Other Options

There are a lot of alternatives to hiring an expensive lawyer. The legal system is set up to take care of those who are in a tough financial situation. In general, there are four options for inexpensive legal representation:

It is never a good idea to try to represent yourself. Because there are so many different options for inexpensive or free legal representation, no one ever has an excuse to not hiring an attorney. Judges do not like it when people try to represent themselves, as it slows down the legal process. If you want to have the best chance possible, always take the time to hire a personal injury lawyer  who has your best interests at heart. The sooner you hire an attorney, the better.

 

 

Is There a Limit to the Damages I Can Recover for My Car Accident Injuries

 

 

There are many types of damages you can recover when bringing a personal injury claim. The most common elements of damage include, medical bills, lost wages, vehicle damage, and pain and suffering. 

 

Regarding medical bills, you are entitled to recover all of the medical bills you have already incurred (“past” medical bills) and also those bills you will likely incur in the future (“future” medical bills). If you have suffered significant injuries, your medical bills will likely be very significant and will be a very important part of your injury claim. 

 

If you have been forced to miss work as a result of your injuries, you are entitled to recover your lost wages. Also, if you remain unable to work, you can also recover your future lost wages or lost earning capacity. You can recover these future damages if a doctor will testify that you have to miss work in the future due to your injuries. You will also be able to recover if you are able to return to work, but you are not able to earn as much as you did prior to the accident. 

 

Pain and suffering damages can be the most valuable part of your claim. Generally, the more serious your injuries are, the more you will be entitled to recover for pain and suffering.  You can recover these damages for both the past and the future. There is no set formula for calculating these damages, so it is critical that you speak to an experienced personal injury attorney to discuss the value of your claim. 

 

The amount that you can recover is often determined by the amount of available insurance the at-fault driver has. For example, if the other driver has $1 million in liability insurance, this is usually enough coverage to handle most personal injury cases. Of course, death cases and severe or catastrophic injury cases can be worth far more than $1 million. 

 

However, the more typical scenario involves at-fault drivers who only have $10,000 in liability coverage. What do you do if your damages far exceed this amount?  What if you have $50,000 in medical bills but the other driver has minimal insurance? What if you need surgery or ongoing medical treatment but the other driver does not have enough insurance to pay for all your damages? 

 

An experienced auto accident lawyer in Tampa, FL can answer these questions.  It is critical that you call a personal injury attorney as soon as possible to discuss your legal rights and protect yourself by recovering all monies that are available to compensate you. 

 

Thanks to Jeff Murphy Law for their insight into personal injury claims and damages you can claim for a car accident.

 

Slip and Fall

Personal Injury Lawyer

Property owners are responsible for the safety of their invitees or guests who enter their property whether it be a commercial establishment, a place of business or a private home.

If property owners are negligent in maintaining the premises the injured party has a legal means of holding them responsible for the harm they suffer.

A trained attorney knows the fundamental threshold question to be answered during a free consultation so to best advise you regarding the pursuit of your claim for damages.

Many slip and falls occur inside businesses like shopping malls or supermarkets, also, in parking lots adjacent to the property or sidewalks and entryways to the establishment in questions.

The lawyer will initiate his representation by determining who is the owner of the property and whether there is a separate company responsible for maintaining it, for example, removing snow during the winter.

He will confirm you were on the property legally, not as a trespasser, either as a guest or invitee.  He will decide on the nature of the negligence that contributed to or caused you injury and communicate by letter with the property owner to obtain insurance company information.

Your personal injury lawyer in New Haven County, CT will have access to any experts you may need in proving your case.  You may ask, why do I need an expert.

The simple answer is that it depends on what caused the slip and fall. Here are several examples for complete clarity:

  1. here may be a design defect that is the cause in which case an architectural expert may be required.
  2. Areas that are prone to slip and falls could be prevented if an anti-slip compound had been applied to the surface.  Failure to apply can constitute negligence on the owner’s part.
  3. Experts are available to testify about the reasonable and inexpensive precautions an owner should take pursuant to fall safety programs and maintenance protocols.
  4. Others have credentials in carpet inspection, training in uneven carpet and rugs, carpet cleaning, repair and reinstallation, water damage, and extensive experience with hardwood flooring and other surfaces.
  5. Witnesses with specialized knowledge and hands-on experience are invaluable in the construction and building inspection industries, hotel/resort management, and restaurant and bar operations. There are even those who provide forensic engineering experience in analyzing slip/trip/miss and fall claims.

Managing Your Child’s Dental Injuries Following an Accident

Personal Injury Lawyer

If your child was recently injured as the result of another person’s negligence, you are likely to be looking to take legal action. However, you will first need to make sure that your child obtains the medical treatment they need as soon as possible. An accident can happen at a moments notice, whether your child slipped and fell, was playing a sport, or was a victim of a car wreck; accidents involving children are all too common. Dental injuries are especially commonplace for children. If your child has obtained a dental injury in an accident, obtaining swift dental treatment can help mitigate the risk of complications or long lasting effects.

Signs Your Child Should See a Dentist After an Accident

If your child was injured in an accident, other injuries may overshadow your child’s dental injuries. In some cases, you may not even notice there is a problem until the dust has settled. Here are some signs that your child should see a dentist following an accident:

No child should have to suffer the lasting impact of dental complications. In addition to the pain they may experience, their appearance may be altered as well. If you are noticing any of these signs, it’s important that you seek care from a dentist following your accident.

Valuing Damages with Evidence

When pursuing compensation for a dental accident, it may be necessary to speak with an accident attorney for help. They will take the time to review your claim and determine the value of your child’s case. In order to obtain the compensation for the damages you have obtained, you will need to gather key evidence that will support your case. Additionally, medical documentation provided by a dentist can help to further outline dental injuries, treatments and the impact the injury has had on your child.

Taking Legal Action

Considering legal action? Working with a lawyer can help you to have a clear understanding of what you need to support your child’s case. You will be looking for the best way to move forward, a lawyer can help you to take action. However, it’s important to be aware that you must do so within the statute of limitations. This is the amount of time in which you have to file an accident claim. While in many states, this timeframe is two years from the accident, taking action as soon as possible can only strengthen the claim. For minors, the timeframe is extended. A minor can take action once they reach the age of 18. They have two years from that point to file an injury claim against the responsible party.

Dental injuries that have resulted from an accident involving an at fault party can not only be frustrating, they can be incredibly painful. In many cases following an accident, your child may have also obtained other types of injuries that require treatment. Obtaining treatment from a dentist as soon as possible can not only help to strengthen your legal case, but help to ensure your child obtains the proper treatment.

 

Resources:

Wikipedia, Dental Care

Alliance Dentistry, Cosmetic Dentistry

Fighting for Disability Benefits

Personal Injury Lawyer

If something happens to you where you won’t be working for an extended period of time, it is suggested you contact a disability attorney to help you deal with the Social Security Administration. Disability attorneys have extensive experience in dealing with disability cases. Statistics have shown that someone applying for social security disability benefits is more likely to get approved if they are legally represented.

Why Should I Seek the Help of a Disability Lawyer?

The biggest reason to enlist the help of an attorney for your disability case is the fact that your chances of getting approved are substantially increased when legally represented.

Disability lawyers are well versed in all the applications and forms necessary when applying for disability benefits. They take all available information and present your case to the court in the most positive light for you. Insight on some of the information presented when completing the forms that attorneys can impart to their clients are:

During the appeal levels, your attorney can work for you by:

In addition, your lawyer will extract testimony from you during the hearing that can help your case. Your attorney will also have the opportunity to cross-examine any medical experts or vocational experts in an effort to confirm your inability to work.

During the next part of the appeal process, which is the federal court and the Appeals Council, your attorney will design high-level legal arguments illustrating how Social Security mistakenly denied your claim.

At What Point Should You Contact an Attorney?

Even before you are thinking about filing for disability you should contact a lawyer and get a free consultation concerning your case. Your attorney can assist you in evaluating how strong a case you have and help you with the first applications. Many people attempt this part of the process on their own; however, with legal assistance you are more likely to get your claim approved.

Here’s something else to think about: If you have legal assistance from the beginning and your first application is approved, your attorney fees will be small as there would only be a small amount of back benefits due from Social Security. If you have to fight for back benefits, your disability attorney will receive about twenty-five percent of the backpay if your case is successful.

Contact a social security disability lawyer for benefit denials as soon as you discover there may be a problem receiving your social security disability benefits. The sooner you call, the faster your claim has the potential to be addressed, the sooner you can receive the benefits you are entitled to receive.

 

 

Thanks to The Law Offices of Mark T. Hurt for their insight into social security and fighting for your benefits.

Recycling Infant Sleepers Now Tied to At Least 50 Deaths

Defective Product Lawyer

The total number of infants who have died in incline sleepers is now up from 37 to at least 50 (https://www.consumerreports.org/child-safety/inclined-sleeper-deaths-rise-to-50-as-industry-continues-to-sell-the-products/), according to Consumer Reports (CR). These additional deaths were reported after an original investigation by CR into deaths associated with these types of products was released.

While two producers of such items–Kids II and Fisher-Price–have since recalled the dangerous products, other manufacturers are still selling similar products that carry the same risks. According to the American Academy of Pediatrics, these incline sleepers increase the risk of an infant’s suffocation and airway compression; babies need to be put to sleep on their backs and on a firm, flat surface.

Back in April, Fisher-Price issued a recall for all of its 4.7 million “Rock ‘n Play” Sleepers, while Kids II recalled all 694,000 of its inclined sleepers.

A document recently released by the Consumer Product Safety Commission (CPSC) states that 50 deaths have now been linked to rocker-style inclined sleepers, but these safety concerns have reportedly been on the commission’s radar for years. An inclined sleeper called the “Nap Nanny” was previously associated with six deaths, the first one being in 2010. It was fully recalled by 2013.

Despite the growing alarm over these types of sleepers, many major manufacturers–such as Evenflo and Baby Delight–still sell inclined sleep products. The CPSC has not taken any action against these similar products despite the likelihood of similar tragic outcomes for some infants and their parents.

The fate of the inclined sleepers has been left largely to ASTM International, an organization of consumers, medical experts, government officials and manufacturers who work together to set voluntary standards for a variety of processes and products in the industry. However, in May, the ASTM subcommittee handling the sleepers decided that instead of pulling the category from the market, it would investigate the potential hazards and standards of such products and reconvene in October 2019. This means that in the meantime, these types of sleepers will be available for consumers to buy.

While the industry and the CPSC delay their next move regarding the sleepers, some members of Congress are trying to take immediate action by bringing legislation forward to end the sale of inclined sleepers. However, it is too early to tell whether their efforts will be successful.

Lack of proper testing raising concerns

Fisher-Price has now been the subject of several lawsuits over its Rock ‘n Play Sleeper, and court documents in those cases have shown that the company knew about the risks prior to the CR report and that the product was never adequately tested for safety. The only medical professional contacted about its safety before it hit shelves in 2009 was a family physician who was not a sleep specialist or even a pediatrician and has since lost his license to practice medicine.