Category Archives: Personal Injury

What Businesses Need to Know About Liability

When you run a business, you have a lot of concerns every single day. There are concerns about sales, concerns about customer service, concerns about payroll, concerns about employee satisfaction, concerns about management quality and satisfaction, concerns about advertising, and many more. You’ve got a lot of bills to pay, checks to sign, and people to keep happy.

One other thing you should have on your mind, though, is whether your store is liable if someone hurts themselves in it.

It may sound far-fetched in some stores, and yet, all it would take is for a little water to leak from the sprinkler system above, or for someone to spill a drink, and for that to lead to a customer or employee slipping. Then, there you are, in the midst of a difficult case, arguing with insurance, and maybe even dealing with a lawsuit.

According to the law firm Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., you should add these concerns to your daily list to make sure you are protected from any liability if someone should injure themselves.

Slips and Falls: As discussed above, any spills that aren’t marked by a warning sign could lead to you being liable for someone slipping. Make sure employees know to clean up spills immediately and to post signs.

Negligent Security: If a crime is committed in your store, that’s bad enough, but if there is no security, and someone gets hurt, you may be liable for that, on top of everything else.

Dog Bites: If you have dogs on the premises make sure they are well trained and kept away from customers and employees who don’t know how to handle them.

Porch/Stair Collapse: Entrances to your store or any elevated areas that might collapse would be entirely on you as the property owner. Make sure everything has been well maintained.

Fires: If you don’t have adequate ways to fight fires and help people escape, that will be held against you later.

Lead Paint and Mercury: By now, you should know better about both of these. Replace lead paint immediately and make sure there is no mercury on the premises. It’s really best to avoid these two entirely if possible.

Swimming Pool Injuries: If you have a pool on your premises, make sure there are signs that clearly warn people that the surface can be wet and people can slip. Make sure all surfaces are slip-resistant to help avoid any injuries.

Most of these fixes can be done one time, but you should keep an eye out for any other potential causes of liability. As a business owner, one of your many responsibilities is to make sure your premises are as safe as possible for those who enter it. That means all customers and employees can expect that everything possible has been done to keep them safe.

If you follow the advice above, you’ll be well on your way to that goal.

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Comparison of Pradaxa and Xarelto

There are a lot of similarities between Pradaxa (dabigatran etexilate mesylate), manufactured by Boehringer Ingelheim, and Xarelto (rivaroxaban) by Bayer AG and distributed by Janssen Pharmaceutica, a division of Johnson & Johnson (J&J). Both are anticoagulants marketed as the better alternative to warfarin as the standard therapy for blood clot problems because they do not require stringent monitoring and lifestyle changes. However, they also have no approved agent to reverse the blood thinning effects in case of excessive bleeding, a common problem with anticoagulants, unlike warfarin in which a shot of Vitamin K is an effective antidote. As pointed out on the website of the xarelto lawsuit lawyers Williams Kherkher, patients who take either Pradaxa or Xarelto and who suffer excessive bleeding as a result are at risk of serious injury or death.

There are some differences, though. Pradaxa is part of a class of drugs known as direct thrombin inhibitors and was approved for the treatment of nonvalvular atrial fibrillation (A-fib) by the Food and Drug Administration (FDA) in October 2010, so it had a bit of a head start on Xarelto, gaining approval for the management of atrial fibrillation in July 2011. Xarelto is the first of the direct Factor Xa (10-a) inhibitor class of anticoagulants that act on the Factor X of the coagulation cascade rather than thrombin.

Despite being a latecomer to the US, it wasn’t long before Xarelto surpassed Pradaxa in sales as well as the number of complaints lodged with the FDA. It is a dubious honor, but testament to the popularity of the drug.

The first cases against Boehringer for Pradaxa was filed in March 2012, alleging that the drug maker knew about but failed to warn physicians and patients about the dangers associated with the medication. Xarelto, on the other hand, first came to the civil court’s attention in February 2014, and the claim against Bayer and J&J was that the drug was too dangerous to be administered. Pradaxa is in the midst of multidistrict litigation while only a handful of individual cases have been filed for Xarelto.

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Get Help With Your Personal Injury Law Questions

The personal injury settlement process is not an easy one. There are so many things you have to watch out for in order to get a fair settlement. Instead of staying in the dark, follow some simple advice to stay on top of things. This article can help you get acquainted with the personal injury process, what you need to prove and how to find a great attorney.

If you believe you may have grounds for a personal injury case, see a physician immediately. It’s important that your information be documented as soon as possible. It will be used as valuable evidence later, but by the time you have your day in court, the injuries may have healed and you will have no proof of them.

Make sure that you hire an attorney that specializes in personal injury law, for instance, the Able Law Firm. There are lawyers out there who practice several types of law. It is in your best interest to find one who only practices this type of law. It will increase your chances of success since your attorney will know exactly what he is doing.

You can still get a settlement if you had any preexisting condition before your accident. You need to be very honest with your lawyer and document the medical issues you had before the accident. Don’t let him get sideswiped with it later.

Call the police as soon as there has been an accident. This should be done even if the other party tries to convince you that it is not necessary. Getting law enforcement involved will help you a lot when it is time to prove that an accident has actually occurred.

It never hurts to be knowledgeable about the many things that were discussed in this article. The fact that you’ve had to endure a personal injury is already too much! Apply the simple facts and tips from this article to ensure that you are going to reach a just settlement.

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Multiple-vehicle Motorcycle Accidents Often Fault of Drivers, not Riders

The best ride available that will let you beat the traffic is a motorcycle; it’s easy to maneuver besides being a really cool vehicle to ride. The only drawback motorcycle riders have, compared to car drivers, is that they have no protection aside from their helmet, in the event of an injury. Thus, having no seatbelt, airbag or any other mechanism that would cushion them during impacts, riders’ injuries are always more severe.

There are many different reasons why motorcycle riders get involved in accidents; these include speeding & alcohol use, poor visibility during bad weather, poor riding skills or collision with a fixed object. In cases of multiple-vehicle motorcycle accidents, though, where other vehicles, such as cars, are involved, accidents occur due to a car making either a sudden turn or a left-hand turn, drunk-driving, ignoring the possibility of an approaching motorcycle, especially on intersections or crossroads, and motorcycle-lane splitting, that is, when a rider, during heavy traffic, passes between two slow-moving or stopped vehicles.

Multiple-vehicle motorcycle accidents are not the fault of motorcycle riders, though. The website of Goings Law Firm, LLC, also clearly asserts this fact by stating that about two-thirds to three-fourths of all motorcycle accidents are results of another motorist’s carelessness; despite this, it is the rider who is more severely injured and whose property gets more damaged.

Other recorded causes of accident involving a motorcycle and another vehicle include getting too close beside a motorcyclist and then “buzzing” the rider or tailgating a motorcyclist while failing to yield.

Drivers, whose actions threaten the lives of other people, whether other motorists or pedestrians, can be guilty of a crime or civil offense. Yet, to be more blunt about it, these reckless drivers have no right or business being on the road if they will only serve to put the safety of others on the line. And, if their recklessness results to an accident that injures another, they ought to be brought to justice and made to pay for their crime or offense.

Motorcyle Accident

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Ways to Take Fosamax

Fosamax is a brand name for alendronate, a group of bisphosphonates used to help in the treatment and prevention of osteoporosis. Fosamax, being a bisphosphonates, works by preventing the breakage of bones while increasing bone density. It is doctor-prescribed, and should be taken as directed by the doctor to lower the chances of developing side effects or complications.

There are certain procedures or instructions that should be followed when taking Fosamax. First, Fosamax should be taken as directed by your doctor; your doctor can prescribed Fosamax to be taken either daily or once a week, thus it is important to follow your doctor’s instructions. If the instructions are to take it once a week, make sure to take it on the same days of the week, and it should always be taken first thing in the morning.

Because Fosamax can interact with foods and other medications and alter its effectiveness, doctors usually advise patients to take it after they have woken up, and to keep upright (whether walking, standing or sitting up) for at least 30 minutes to avoid damaging the stomach or esophagus. Fosamax can be a strong medication that can cause ulcers or irritation in these areas.

Patients should swallow the pill whole, with full glass of plain water: it should never be sucked, crushed, or chewed. After your Fosamax intake, be sure to not eat or drink anything (although plain water is permitted) and wait at least 30 minutes or preferably 1-2 hours to eat foods or drink any other medications. In order to ensure that Fosamax is completely absorbed by the body and avoid dangerous drug interactions, try taking other medications on other times of the day, or talk with your doctor about doses.

Most doctors advise their patient to stop taking Fosamax after 5 years, as continuing bisphosphonate intake can have adverse effects on the health, especially if they are prescribed to treat osteoporosis. Because of the many complications connected with Fosamax and other bisphosphonates, it is highly urged to have a yearly check-up of bone density to make sure that they are in good shape and far from any other dangers.

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Car Accident Liability Even if You Don’t Drive

It will not matter if a bar or tavern owner does not drive; he or she could still have car accident liability for injuries to a third party in a drunk-driving accident in Iowa. This is due to Iowa Code 123.92 Civil Liability for Dispensing or Sale and Service of Beer, Wine, Or Intoxicating Liquor (Dramshop Act) –Liability Insurance –Underage Persons.

Dram shop liability laws are not exclusive to Iowa by any means, although states with dram shop laws have different takes on various aspects of the law, including how a bar owner assesses the level of inebriation of a customer. According to the website of Des Moines law firm LaMarca Law Group, P.C., the law simply states that the bar owner or similar is liable if he or she “knew or should have known the person was intoxicated, or who sold to and served the person to a point where the licensee or permittee knew or should have known the person would become intoxicated.” In other states such as Texas, the bar owner only becomes liable when the patron is literally falling-down drunk and is still being served alcohol.

This subjectivity renders the bar owner more liable, but at the same time also opens up reasonable doubt. It can go either way depending on how the case is presented. When the dram shop statute is cited, it is important that the plaintiff or the legal representative complies with the limitation of action (Iowa Code 123.93). This is to avoid missing the window of opportunity to make those who supply drunk drivers with alcohol accountable for the consequences.

If you are planning of bringing charges against the dram shop owner for injuries you or someone close to you sustained in a drunk-driving accident, employ the services of an experienced car accident liability attorney. The lawyer will know exactly what steps to take and how to properly present the facts to convince a jury of the defendant’s car accident liability.

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Causes of Crane Accidents

Crane accidents usually involve fatalities because it is usually heavy and works at height, a deadly combination. Cranes are normally used to lift heavy loads, so the forces that act on it are exacerbated by the sheer weight involved. The use of cranes presents serious safety issues for those working in construction and related industries. A recent accident with a crane in New Jersey resulted in one fatality, an employee of the refrigeration company tasked to move a refrigeration unit from a hospital’s roof. The unit was not properly secured to the crane and fell on the unsuspecting employee.

Those who work with or around cranes know that the risks of an accident are high but when it happens, it can still be horrendously traumatic. This is even truer for those who are innocent victims, such as the man killed in his condo in Bellevue, WA when a crane toppled into it in November 2006. The crane was not even being operated at that time.

Crane accidents are often due to structural or mechanical failures, although the most famous case involving “Big Blue” in 1999 was attributed to high winds. In cases that does not involve acts of nature, the liability for injuries and fatalities are not always clear-cut. Depending on the circumstances and the results of the investigations, a case could go through an entire range of personal injury claims. Since the burden of proof usually lies with the plaintiffs in any personal injury lawsuit, establishing negligence to the satisfaction of the civil courts can be highly complex and frustrating for the uninitiated.

Finding someone to blame is the natural reaction to preventable crane accidents, but what is more important is to make the ones responsible pay for their recklessness or negligence. To do this with any degree of success, one needs to consult with a law firm experienced in pursuing personal injury or wrongful death claims in crane accidents. These law firms will have the right contacts and resources which will make it easier to establish fault.

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Essential Factors when Appealing for a Long Term Disability Claim

Long term disability due either to illness or injury can have a devastating effect on the financial life of a struggling family. Quite too often the disability benefit applied for by many individuals are turned down by insurance providers. The usual reason for such denial is strictly technical, though, and not because of ineligibility; that is, improper filing of application or missing a signature or skipping a box when filling out an application paper – these errors sometimes happen because disability insurance policies are long and complex documents that can confuse applicants.

However, there are also reported instances when applicants are judged not qualified or, if approved, are awarded small payments. If long term benefits are meant to compensate for salary losses, then being awarded a small amount would never suffice for medical treatment alone, let alone the family’s daily expenses.

Many insurance providers resort to finding faults in applications aggressively and then deny claims or award small benefits to ensure increase in their profit. Besides using the guise of technical or paperwork issues, these providers also resort to other tactics to make denials appear legitimate, tactics like, misclassification of injuries, undue termination of the policy and delay in the approval and/or release of benefit.

Legal experts call denials of benefit as “insurance bad faith,” which is a breach of the contract that providers, themselves, made and which they signed with the policy holder. If an insurance company, though, denies any long term disability benefits claim, then the applicant must be allowed to a full and fair examination of the denied claim, as well as to appeal the decision.

An appeal is a formal petition that asks for a re-assessment of an unfavorable decision (like a denial, termination or reduction of benefits) made by an insurer. To avoid losing an appeal, some important factors that claimants ought to consider are:

  1. Preparation of relevant documents like medical record, medical expert opinion, letters from employer, medical abstract and photographs
  2. Awareness and readiness to argue against an insurer’s inadequate in-house medical review, misrepresentation or misuse of evidence
  3. Filing the appeal before the set deadline

Equally important as those above is having a highly-skilled and determined legal counsel who will represent you and fight for your rights throughout the appeals process. A less qualified lawyer may cost applicants the long term disability appeals they have worked hard to prepare for.

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The Need for Long Term Disability Claims Filing Assistance

It is not at all easy to make a claim for long-term disability from an insurance company, whether employer-provided or personal. Because the claim is based on a person’s capacity to work, there is quite a burden of proof on the claimant and the language of insurance is (deliberately) obfuscated. In other words, mere mortals may have difficulty in understanding what is being said, or the requirements for properly making a claim. This is where lawyers can be of great help in providing long-term disability claims filing assistance.

Insurance companies are always on the lookout for any opportunity to delay or deny a claim. Filing a claim without knowing the process can easily lead to the ultimate denial of legitimate long-term disability benefits. This is a major problem for someone who is unable to work and has many financial obligations. It is essential that the utmost thoroughness and care is taken when filing a claim for long-term disability with an insurance company. The documents provided to back up a claim has to be complete and properly filled out so that there are no loopholes that an insurer can use to wriggle out of its obligation.

It all lies with how an insurer defines “qualified” claims. The terms of the policy will set out what the limits are as well as who are eligible to receive benefits. An unchecked box, misplaced period, or uncrossed T can shoot holes in a claim that would otherwise be perfectly legitimate. Long-term disability claims filing assistance lawyers are well-versed in the steps for this particular dance with insurance companies, and will not hesitate to aggressively defend a client’s rights.

If you need to file a disability claim with your insurer, you would do well to consider getting long-term disability claims filing assistance at the very beginning to avoid derailing your case. Find a lawyer in your area with the requisite experience and be assured that you will be given every chance for a successful claim.

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Motorists and Bicyclists have Equal Rights on the Road

The National Highway Traffic Safety Administration persuades every road user, especially motorists, to respect the rights of bicyclists on the road, as this is the best way to make a safe transportation environment. Legally speaking, bicycles have the same rights on the road as any other type of motor vehicle. Sadly, though, many drivers have refused bikers the space they need on the road, resulting to significant numbers in severely injured and dead bicyclists.

According to the website of LaMarca Law Group, there were about 51,000 injured and as many as 600 killed bicyclists in 2009 alone. These numbers have continued to increase in recent years, showing the great danger bikers are exposed to once they start to ride on US roads. And despite the bike lanes on busy city roads, many drivers still refuse to acknowledge the right of bikers on the road, rendering car and bicycle collision a common road site every day.

The most common causes of collision between motor vehicles and bicycles are:

  • Motor vehicle drivers directly and abruptly turning in front of bikers
  • Drivers, from parking areas or driveways, driving into traffic and cutting a biker’s right of way
  • Drivers failing to slow down at intersections
  • Drivers running a stop sign or traffic light
  • Drivers not taking time to double-check for incoming bikers
  • Reckless driving due to negligence or alcohol influence

Despite the number of bicycle accidents, riding a bike should never be a seen as a dangerous means of transportation or leisure activity. If only to keep away from the dangers that city roads present, many bicyclists have decided to ride along paths where they’ll be safer and enjoy their ride more.

In the event of an accident, however, the negligent or reckless driver at fault ought to be made to answer to the injury he or she has caused. With the help of a determined and knowledgeable personal injury lawyer, obtaining the compensation that you legally deserve is closer to possible than never.

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