Lack Of Traffic Signs

Posted by on Aug 22, 2012 in News, Personal Injury Law | 0 comments

Traffic signs are a valuable tool for drivers when it comes to staying safe on the road. Signs tell drivers how fast to go, when to look out for changes in the road, when to stop or slow down, and where to exit or get on to highways. Traffics signs keep order on the road by providing people with a uniform set of instructions which are enforceable by law. It goes without saying, then that a lack of necessary signs can lead to confusion and accidents. When drivers are not aware of changes in the road because of a missing sign, they can potentially end up driving off the road on a sharp turn. When a stop sign is missing, they can end up in a wreck at an intersection, and when there are no speed limit signs, anyone can go too fast or too slow and end up in a collision.

Examples of Improper or Missing Signs

There are many different traffic signs that are necessary for keeping order on our roads. The following are some examples of signs that can be hazardous if they are incorrectly placed or missing:

* Stop signs at crosswalks
* Stop signs at intersections
* Speed limit signs
* Warning signs for construction
* Closed road signs
* Cautionary signs near schools

Without the necessary guidance provided by traffic signs, drivers are obligated to make their own assumptions about the appropriate driving actions, which may or may not be correct. When signs are missing or incorrect in an area, it is up to the municipal authorities to correct the situation.

Missing or improper signs are the cause of countless car accidents every year. If you or someone you love was injured in a car accident due to improper or missing signs, a Madison, Wisconsin personal injury attorney can help you seek financial compensation for your medical costs and other damages.

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New York Labor Law: Section 240

Posted by on Aug 19, 2012 in Construction Accident Law, Personal Injury Law | 0 comments

Although the danger of an object falling on someone or someone falling down while at work (down a set of stairs for example) is a possibility at any place of work, construction sites are places where these dangerous situations are much more likely to occur. And, while there are any number of dangers that could cause a construction worker an injury at any given moment when they are on a construction site, objects falling on them or the risk of falling from a substantial height are some of the most common causes of accidents on construction sites.

Because of the high risk that these dangers pose to construction workers, New York state law has provided construction workers with additional protection in the event that they are harmed by either a falling object or by falling. Typically, construction workers in most states can only apply for workers compensation, which may not provide enough financial compensation. However, in New York, the labor laws are unique in that they allow construction workers to file personal injury lawsuits under certain conditions. Section 240 in particular of these labor laws allows construction workers the ability to pursue compensation when they are injured in gravity-related accidents, whether through falling objects or falling themselves.

The Specifics of This Law

According to section 240 of the New York labor laws, certain parties in charge at construction sites are required to provide workers with a variety of safety precautions and do their utmost to prevent a gravity-related accident from occurring. This section of the law states:

A contractor or property owner, excepting single or two-family homes who are not in charge of the construction work on their home, may be held liable under this law if they fail to provide safety precautions, such as scaffolding and ladders.
If an accident involving falling objects or a worker falling from a certain height does occur, these parties can be held strictly liable, which means that proof of their negligence does not necessarily need to be given.

If you have suffered an injury from falling or having an object fall on you as a worker on a construction site, speak with a team of construction accident lawyers about how they may be able to help you get the compensation you need.

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Recognizing The Signs Of Nursing Home Abuse

Posted by on Aug 17, 2012 in News, Personal Injury Law | 0 comments

Sometimes our loved ones require more care and attention than we are able to give them, and many people place their family members in nursing homes so that they will receive the attention that they need on a daily basis. Sadly, sometimes our trust in nursing homes and their staff members is misplaced, and loved ones are subjected to abusive or neglectful treatment. When this happens, it is critical that family members and friends are able to recognize the signs that a loved one may be enduring abuse in a nursing home. When there is reason to believe that abuse is occurring, a family can take immediate steps to protect their loved one and to end the abuse.

Although sometimes signs of nursing home abuse are hard to detect, if you know what to look for they can be easier to identify. Keeping yourself informed not only about indicators of abuse, but also about your legal options should you or a loved one suffer abuse, can greatly increase your own personal awareness of abusive practices and knowledge about your legal options. In some situations, it may be possible and appropriate to seek financial compensation for pertinent damages.

Common Signs

Every person reacts to abuse differently, but there are some signs that are commonly reported among nursing home abuse victims that may suggest that abuse is happening. These signs include:

Inexplicable bruising or lacerations
Greater frequency of broken bones
An increased reticence or anti-social behavior
Sudden weight loss
Dehydration or malnutrition
Increased anger

If you or someone you love has been victimized by nursing home abuse, contact an experienced personal injury lawyer today to discuss the possible merits of legal action as you seek to hold abusive personnel and the facility accountable.

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Filing A Workers Compensation Claim Petition

Posted by on Aug 15, 2012 in Law, Legal Claims, News, Personal Injury Law | 0 comments

An employee may find it necessary to file a workers compensation claim petition if a dispute arises, whether due to an employer disputing their eligibility for benefits, which might concern the nature of the injury, medical treatment, or the possibility of disability benefits. When this happens, there is the option of resolving the dispute through sessions mediated by a workers compensation judge, which is less formal than undergoing formal proceedings in front of a judge. If the issue remains unresolved, however, there will be a hearing scheduled in court.

Petitions and Alternative Dispute Resolution

The best method for resolving a workers compensation dispute will depend on the particular circumstances of the dispute and how cooperative the employer or insurance carrier is being. Some of the details concerning each method are as follows:

  • Claim petitions filed when an employer or insurance carrier denies a claim, but may only be done within three years of the initial injury. Legal representation is not strictly required, but highly recommended for helping employees navigate the complex process of a workers compensation petition. The judges ruling may or may not make provisions for additional appeals.
  • Alternative dispute resolution disputes may be settled in mediation, a settlement conference, or an informal conference. Unless ruled to be ineffective, all petitions submitted to the Office of Adjudication are scheduled for mediation sessions and, even if they are unsuccessful, may be resumed later in the proceedings.

If your initial claim was denied and are wondering which, if any, course of action can help you acquire benefits, you may want to obtain legal counsel.

Resolving Disputes

When an employer or their insurance carrier denies your claim for workers compensation benefits, you may want to enlist the services of workplace injury lawyers who can best ensure that your case and interests are accurately represented.

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Symptoms Of Bladder Cancer

Posted by on Aug 14, 2012 in Medical Malpractice, Medical Product Failure, Personal Injury Law, Tort Litigation | 0 comments

Many Americans who suffer from Type 2 diabetes rely on medications in order to effectively manage their symptoms and prevent major complications from coming about. Unfortunately, many of those who use the prescription drug Actos are unaware of the serious, and even potentially deadly side effects which can come about after prolonged use of the product. This is in no small part due to the reluctance of the drug’s manufacturers to be up front and honest with consumer about the risks of the drug in order to protect the healthy sales of the product.

Failing to adequately inform the consumer of the risks associated with the consumption of a drug is a clear case of negligence on the part of the manufacturer and distributor, and recent studies have connected Actos with the development of bladder cancer, and dangerous carcinoma which is difficult to identify in its early stages and difficult to treat as it progresses.

Symptoms of Bladder Cancer

Bladder cancer is a deceptive condition which is difficult to identify properly in its earlier stages due to ambiguous symptoms, but only becomes more dangerous the longer it goes untreated. If you have taken Actos experience any of the following symptoms, bladder cancer caused by the use of the durg should be a serious concern:

* Abdominal pain
* Difficultly urinating
* Blood in the urine
* Painful urination

Bladder cancer can be a life altering condition, and when your condition is the result of negligent practices on the part of a drug manufacturer, you should do everything in your power to obtain financial compensation in order to help you pay your medical bills and other expenses. An lawyer is an essential part of protecting your rights and interests after a positive diagnosis, as you will need skilled legal representation which allows you to focus on your recovery rather than legal dealings.

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Off-Site Injuries

Posted by on Aug 10, 2012 in Personal Injury Law, Workers' Compensation | 0 comments

Many work-related injuries are straightforward because they happen in the workplace and are necessarily covered by workers compensation. However, a growing number of employees in various occupations are part of a mobile workforce, or need to travel off-site for their jobs. Workers compensation should provide coverage if they are injured, but it may be difficult for such an employee to demonstrate that their off-site injury was directly related to their job and could result in a disagreement about the nature of the injury with their employer or insurance carrier. Workers compensation claims concerning such unconventional injuries will likely benefit from professional legal advice on the initial application in order to try and avoid potential denials and appeals.

Claiming an Off-Site Injury

Employees who work from a vehicle or travel to different work sites may be unaware that any injuries they sustain could qualify them for workers compensation benefits. The most important step will be reasonably showing how their job directly contributed to the injury. Following are several more steps that are important to take note of when submitting a claim for an off-site injury:

  • Nature of the injury the injury must have been caused when the employee was performing tasks related to their employment
  • Application representing the claim accurately and clearly on the initial claim is essential for a successful application, as doing otherwise will likely result in a denial
  • Petition if their claim is denied, the only way for the worker to pursue benefits will be to petition for an appeal, at which point they should likely seek legal representation

Receiving Benefits

If you are considering submitting a claim for an off-site injury, a team of workers compensation attorneys can help ensure that your initial application is filled out correctly and accurately, and that your case is well represented in the event that you need to appeal a denial.

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