Facts Everyone Should Know About Medical Malpractice Cases

Posted by on Nov 20, 2012 in Law, Medical Malpractice, Personal Injury Law | 0 comments

Mistakes are a part of human nature and happen in every profession imaginable. Unfortunately, when a doctor or medical professional makes a mistake, it could end in a devastating injury or even death. The Institute of Medicine reports that nearly 98,000 people die every year from a medical error. Medical professionals spend years going to school and in training before they can be a licensed doctor or nurse. Unfortunately, this does not eliminate the risk of a medical mistake.

According to Spiros Law, P.C., even the smallest error can have a devastating impact on ones life. If you have been the victim of a medical error, you may want to consider taking legal action against the medical professional by filing a medical malpractice lawsuit to hold the negligent physician responsible.

Basic Points to Know about Your Medical Malpractice Case

By knowing a few basic facts about medical malpractice cases, you can increase your chance of recovering financial compensation. Some important points you should know about medical malpractice cases includes:

  • * The statute of limitations applies to medical malpractice cases. In the state of New Jersey, injured victims have two years from the date of the injury to take action before he or she becomes ineligible.
  • * You must have experts to testify in your favor. If you want to have success in a medical malpractice case, you must have a medical expert to testify on your behalf and provide relevant and important information about your case.
  • * Medical malpractice claims can be very difficult so make sure you are prepared and have a legal professional on your side.
  • * There are no limits or caps on the amount of damages you can recover in your medical malpractice case to cover medical bills and other costs associated with your injury.

To learn more about your legal options and how you can fight to recover compensation, contact a medical malpractice lawyer today.

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Driver Fatigue Accidents

Posted by on Nov 13, 2012 in Law | 0 comments

One of the risks that drivers face when choosing to go on long car trips is fatigue. Many people rely on things like caffeinated beverages and loud music to help them stay awake while on road, when such makeshift methods will not actually prevent them from falling asleep and causing a dangerous car accident. Although most drivers are acutely aware that falling asleep while driving can have devastating consequences, many opt to do so anyways. Automotive accidents can cause severe injuries and significant property damage, especially when the collision happens unexpectedly at full speed. Victims of driver fatigue accidents have a high risk of enduring incredible physical trauma, forcing them to manage their recovery while paying for expensive medical treatments and car repair bills.

Hazards of Driver Fatigue

While drivers can become drowsy for a number of different reasons, not one of those reasons is excuses them from negligently driving while impaired. It is important to note that every driver can make the choice to drive when the awareness and capability is not in some way compromised. Several ways that driver fatigue can affect someones ability to operate their motor vehicle safely are as follows:

Falling asleep while driving
Reduced awareness
Impaired reaction time and ability to guess distances
Blurry vision
Alleged microsleep, or being unaware of losing consciousness

Tired drivers have a responsibility be mindful of other drivers safety and pull over when too fatigued to drive safely. When they fail to do so, innocent motorists are put at risk of accidents that should have been avoidable.

Legal Options

If you were injured in an accident caused by driver fatigue, you may be able to hold the negligent motorist liable for their reckless driving behavior. If you are considering taking legal action, it may be in your best interest to contact an experienced Houston accident lawyer who can help you pursue the financial compensation that you may deserve.

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Partition Actions

Posted by on Oct 28, 2012 in Law | 0 comments

Each instance of a couple filing for divorce will be different from any other. The proceedings will depend on a number of variable factors, such as the presence of any children, the length of the marriage, and each persons financial situation. With that in mind, issues that frequently arise during many divorces, like alimony and child-support, are not always necessary to take into account. However, each and every divorce will have some factors in common. One such factor is the equitable, although not necessarily equal, division of the shared assets that constitute the marital property. The difference between the two can be described as an equal, or 50/50, division of property versus one that is fair, or takes into account the financial needs of each spouse.

Details of Dividing Property

Couples who have made the decision to file for divorce may choose to divide their jointly owned assets among themselves, either independently and on their own or through a mediator. Such decisions are not always easy for two divorcing individuals to make. In such a situation they have to option of going to court, in which case the presiding judge will decide how their property is divided. Following are some of the factors that will influence a judges decision:

Current financial situation of each spouse
How each spouse has contributed financially to the marriage
Basic needs, such as education, lifestyle, and health, of each spouse and their children
Arrangements made for child custody
If the couples assets were affected by any misconduct during the marriage

Partition actions may be filed in the event that a couple cannot reach an agreement concerning the division of an asset such a business or other property. Such issues can be difficult to resolve, especially if they arise after a divorce settlement has already been completed. A partition action lawsuit may be filed by one of the owners if they decide to make a significant change, such as selling the asset.

Legal Options

If child custody issues are making the division of marital assets difficult for you and your former spouse during divorce proceedings, you should contact an child custody lawyer who can help facilitate the process for an efficient and equitable resolution.

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Causes Of Slip And Fall Accidents

Posted by on Sep 16, 2012 in Law, Personal Injury Law | 0 comments

On another person’s property, you will have to exercise caution to a certain extent to make sure that you don’t injure yourself. However, property owners of both private and public properties also have a responsibility to others to ensure that there are no safety hazards on their properties that might endanger an unsuspecting visitor. Some of the most common accidents that occur on another person’s property are actually slip and fall accidents, which usually occur because of some kind of property owner negligence. In many cases, a property owner could have removed the safety hazard that caused a person to fall down and become injured, but failed to do so. In these cases, sometimes the property owner can be held legally liable for any injuries sustained in a slip and fall accident.

Slip and fall accidents are only one specific kind of accident that falls under a broad branch of law known as premises liability law. In premises liability lawsuits, negligent property owners are sued by victims who claim that they were injured on the other person’s property because that property was inherently unsafe. And slip and fall accidents are some of the most common cases involved in premises liability nationwide.

Common Causes

While many different factors can lead a person to slip and fall down, some causes of slip and fall accidents are reported much more frequently than other causes. Some of the most common causes of slip and fall accidents include:

  • Failure to replace guardrails
  • Water pooling
  • Uneven pavement / potholes
  • Water / debris in walkways
  • Stair collapse
  • Stage collapse

These accidents can involve multiple people, but even if you are the only person who is injured on another person’s property, if that property owner was in any way implicated in your injury, you could be due legal compensation.

If you or someone you love has suffered injury or expense because of an unsafe property that caused you to slip and fall down, contact a qualified personal injury attorney today to discuss potential legal solutions.

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Using An Expert Witness In Your Medical Malpractice Case

Posted by on Sep 12, 2012 in Law, Medical Malpractice, Personal Injury Law | 0 comments

When patients go to the doctor or hospital for a diagnosis and to receive treatment they generally expect medical professionals to act responsibly the entire time they are under the doctor or nurses care. These medical professionals go through years of schooling and training to gain the knowledge and experience necessary for providing safe and effective care to every patient who walks through the door. Unfortunately, medical professionals make mistakes just like everyone else. However, unlike other mistakes, a doctors mistakes can cost someone his or her life.

When doctors, nurses, anesthesiologists, surgeons, and other professionals make mistakes with diagnosis or during treatment, you could suffer life-altering consequences that may cost you dearly. If you have been injured due to a medical professionals mistakes, you may suffer physical injuries, emotional damages, as well as financial consequences.

The Expert Witness

According to the website of the Law Offices of Abel Law Firm, medical malpractice cases can be very complicated and involved. They can also be extremely difficult to win without the assistance of another doctor or other experts testimony. In many cases, the details of your injury and the care you were provided can be too complicated for common people to understand. An expert witness in your case can help with the following:

  • Discussing the standard of care and how a reasonable doctor would have acted
  • Explaining the doctors actions that breached the standard of care
  • Giving facts about your injury caused by the medical professionals negligence

An expert witness can also discuss other aspects of your case such as the expected cost of medical care and future costs. The term “expert witness” might seem a bit confusing. It is not a person who is an expert at being a witness, but rather a witness who is an expert in a required field whose testimony will be used to sway opinions in court.

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Vehicular Homicide

Posted by on Sep 4, 2012 in Law, Medical Malpractice, News, Personal Injury Law, Tort Litigation | 0 comments

There have been many new advances made over the years in automobile safety in an attempt to reduce the number of severe injuries and fatalities from car accidents. While these advances have been successful in lowering the rate of these tragedies, they have by no means been eliminated. The persistence of reckless driving is one of the reasons many of the most severe accidents continue to occur. When the result of the car accident is a fatality for anyone besides the at-fault driver, the person who caused the wreck may be held civilly as well as criminally liable for the death of that person. In reference to criminal charges, this is known as vehicular homicide when it involves intentional or reckless behavior. However, the families of victims are also allowed under intentional tort law to file civil charges against the other driver. A civil suit that results in compensation to the victims can provide the financial resources needed for medical expenses, funeral costs, and wrongful death damages.

What Qualifies as Vehicular Homicide

Vehicular homicide is defined by a certain type of negligent use of a motor vehicle which ends in the death of one or more individuals. By this definition, a person may be guilty of vehicular homicide for people in a separate vehicle, but also for people in the same vehicle. Types of negligent use of a vehicle that may qualify as vehicular homicide includes:

  • Drunk driving
  • Driving Under the Influence of Drugs
  • Reckless Driving
  • Distracted Driving
  • Speeding

According to the website of Ritter and Associates, these types of vehicular homicide cases are usually tried in civil courts as wrongful death suits. If someone you love was involved in a car accident that could be classified as vehicular homicide, you may need the help of an experienced attorney to help your family file a wrongful death lawsuit to seek the compensation you need. This can help you cover the cost of a funeral and make up for lost income.

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