How to Hold Negligent Individuals Responsible

Personal Injuries and Revolving Doors: What You Need to Know

Posted by on April 7, 2016 in Uncategorized | Comments Off on Personal Injuries and Revolving Doors: What You Need to Know

Many businesses and organizations use revolving doors to allow people in and out of their premises. While revolving doors may not immediately seem to pose a particularly significant hazard, accidents can occur, and a serious injury could result in hospitalization. If you or someone you love suffers an accident as a result of a revolving door, it’s a good idea to understand more about the topic and what your legal options are.  Why businesses use revolving doors Revolving or rotating doors offer several convenient benefits to businesses and other organizations. In practical terms, a revolving door can easily control the flow of people in and out of a building, which is particularly useful when lots of people need to use a single entrance. These doors can also improve energy efficiency in large buildings. The design cuts the amount of air moving in and out of a building, which makes it easier for the air conditioning system inside the building to work efficiently. Revolving doors are common in buildings where the entrance opens into a large space like an atrium, where constant temperature changes could put the air conditioning into overdrive. Revolving door hazards Despite the simple design, revolving doors can pose several hazards. Many people have been the victim of a prankster in a revolving door who decides to push the door too hard, forcing the person in front to walk more quickly to keep up. Nonetheless, a genuine accident is no laughing matter. Accidents can happen when the door moves too quickly and pushes the occupant out the exit side, often onto a hard concrete surface. slips and falls occur because objects like walking sticks and bags get stuck in the door mechanism. people trap their fingers and limbs. Building owners who use revolving doors must make sure they are safe to use. If something goes wrong, injured users can often file a personal injury lawsuit. Personal injury lawsuit principles To win a personal injury lawsuit, you must show that the building owner or manager was legally responsible for the injuries you incurred. In a slip-and-fall case resulting from a revolving door, you must show that at least one of three following statements is true: The building owner or manager caused the hazard. The building owner or manager knew about the hazard and did nothing about it. The building owner or manager should have known about the danger because any reasonable person in the same situation would have done something about it. Some of the evidence for negligence could fall under more than one of these descriptions, while other facts can only substantiate one statement. For example, if a building employee breaks part of the door and fails to do something about it, your attorney could argue that the first two statements both apply. Presenting your case The defendant’s attorney will often try to show that you caused your injury in some way. In some states, this sort of comparative negligence can limit the amount of compensation you receive, so some attorneys will work hard to show you did something wrong. For example, if you don’t take appropriate care when walking through a revolving door with children, dogs, or luggage, the defendant’s attorney may argue that you are at fault. Your attorney may suggest that you use an industry expert’s...

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Understanding The Compensation Available To You Following A Car Accident

Posted by on March 16, 2016 in Uncategorized | Comments Off on Understanding The Compensation Available To You Following A Car Accident

If you have been injured in an auto accident, you have probably incurred a considerable amount of expenses. This may include everything from the cost of your medical care to the expense of you renting a vehicle. No matter what you have had to spend out of your pocket, if the accident was due to the negligence of someone else, you deserve to not only be reimbursed for these expenses. In addition to this reimbursement, you may be entitled to other forms of compensation. What Are Compensatory Damages? When you begin to discuss your settlement with your car accident attorney, one of the first terms you will hear them use is compensatory damages. These damages may also be referred to as actual damages. This is the compensation, or reimbursement, for almost any costs you have incurred or will incur as a result of your injury. These costs may include some or all of the following: Medical bills, including Hospital costs Doctor’s visits In home care Medications Durable medical equipment and more Repair or replacement of your damaged vehicle including Rental vehicles while yours was being repaired or replaced Any modifications needed to be made to a vehicle to accommodate your injury Household services needed during your injury or recovery Cooking Cleaning Laundry  Lawn care and more In addition to these, under compensatory damages you can also qualify for Damaged or lost property as a result of the accident Lost current and future wages Emotional distress and more In addition to compensatory damages, you may also qualify for other forms of compensation.  What Are Punitive Damages? Depending on how your accident occurred, you may also qualify for punitive damages. This type of compensation is generally available when the accident was a result of recklessness or malice on the part of the other driver. An example of this type of accident would be when you are involved in an accident with a drunk driver.  Punitive damages are generally seen as a type of punishment to the guilty driver and will serve to award you above and beyond the expenses that you have incurred. These damages are designed to keep the person from engaging in this type of activity again. Unless these damages are outlined by the statute of your state, the amount and the frequency of the award is often left up to the judge and/or jury who will hear your case. Unfortunately, not every state allows the court to award punitive damages, and even the states that do allow them sometimes require a different standard of proof. While some states require you to be able to show clear and convincing evidence, other states require a preponderance of evidence, or evidence beyond a reasonable doubt. Your car accident attorney will be able to tell you whether these damages will be applicable in your case, and if so, they will know what will be required by the courts to ensure you are able to receive this compensation. What Are Hedonic Damages? Another less known form of compensation is hedonic damages. This is not a term that is utilized very often in the courtroom. These damages are designed to help to compensate you for areas that are much harder to measure than some of the damages that are paid for under the other...

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Considering A Medical Malpractice Lawsuit? Who Should You Name As Defendant?

Posted by on February 3, 2016 in Uncategorized | Comments Off on Considering A Medical Malpractice Lawsuit? Who Should You Name As Defendant?

If you’ve recently been injured or made ill through a medical professional’s negligence, you may already be considering your legal options — including filing a malpractice lawsuit. However, even if you have a clear set of facts pointing toward liability, affixing blame on the wrong person (or entity) can cause your case to be dismissed; and depending upon the amount of time that has elapsed since your injury, you may be prevented from refiling against the correct person. Read on to learn more about the factors you’ll want to consider when naming various doctors, nurses, and other medical staff in your malpractice lawsuit. Who can you sue for malpractice? In a professional setting (like medicine, law, or finance), malpractice is broadly defined as the breach of the professional’s duty of care — physical, legal, or fiduciary. In the medical realm, an action (or inaction) constitutes malpractice if it falls below the accepted standard of care and results in injury or death.  It can be fairly easy to determine who to sue in some cases. If your injury resulted from a nurse who ignored a notation on your chart and administered a medicine to which you’re allergic, or a surgeon who didn’t get enough sleep the previous night and nicked an artery during a routine operation, you’ll likely be able to prevail in court by naming only the person who took decisive action leading to injury as defendants.  But in other situations, liability can be less clear-cut, and you may find it difficult to pin down one (or more) responsible parties or determine how blame should be apportioned. This is especially true when the malpractice claim is based not on action, but inaction. Should you sue the nurse who was too busy talking to her coworkers to promptly respond to your requests for assistance, the doctor who should have known (based on your vital signs) that you were suffering from internal bleeding, or both? Often, the answer will depend on the facts at hand. What should you consider when deciding who to name as a defendant in your lawsuit?  Even after you’ve come up with an individual (or group) who could potentially be named in your medical malpractice lawsuit, there are some legal and logistical factors you’ll want to consider before filing. As a general rule, it’s safer to cast a wider net of potential defendants, as it both increases your odds of being able to collect any monetary judgment awarded and decreases the chance that your claim will be dismissed if it’s found that a single named defendant was not sufficiently involved in your care to generate a malpractice complaint. Your first step may be to evaluate each potential defendant’s financial solvency. Although you’ll be able to seek detailed, specific financial information from each defendant only after a lawsuit has been filed and the discovery process has commenced, you may be able to determine whether a certain doctor or nurse is essentially judgment-proof due to non-dischargeable debt, doesn’t carry malpractice insurance, or is otherwise unlikely to ever satisfy a monetary judgment levied on your behalf. If this is the case, you’ll want to ensure you add as many additional potential defendants as possible to prevent you from winning an uncollectible judgment.  You may also want to investigate whether any...

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Can Long Emergency Room Wait Times Kill You? What You Need to Know

Posted by on January 11, 2016 in Uncategorized | Comments Off on Can Long Emergency Room Wait Times Kill You? What You Need to Know

Anyone who’s ever been to the emergency room for a non-life-threatening injury or illness knows that you may end up waiting quite a long time to be seen by a doctor. But is that wait time dangerous? It can be. Emergency room wait times are on the rise, with some hospitals reaching four times the national average wait time of 28 minutes. In 2011, there was an extreme example of just how damaging these wait times can be. One little girl deteriorated so badly over the course of her five-hour wait in the emergency room that she ultimately ended up needing several amputations. Find out what you need to know about how to deal with long emergency room waits. Avoid the Wait If You Can If at all possible, it’s best to avoid overly long emergency room waits. In many areas, emergency rooms post their wait times on their websites or you can call and ask for an estimated wait time before you go. While that’s no guarantee—it’s always possible that more pressing emergency cases will arrive while you’re waiting—it will give you a good estimate to go by. It may be worth driving farther to an emergency room with a lower wait time than to go to a closer emergency room with a longer wait. Another option is to try urgent care centers in your local area. Urgent care centers typically specialize in one or a few specific types of medical issues, like heart disease or obstetrics, or they take less emergent cases. As a result, they tend to have lower wait times. Keep the Staff Updated If you can’t avoid the wait time, it’s important to keep the medical staff updated on your condition while you wait. If your symptoms are getting progressively worse, you may need to be moved to the front of the line. Emergency rooms use a process called triage to treat patients—instead of operating on a first-come, first-serve basis, they treat the people with the most severe symptoms first. That means that if you arrive with a low fever and cold symptoms, you’ll probably be prioritized below people showing symptoms of heart failure, people with serious injuries, or people with high fevers. However, if your fever rises while you’re waiting, if you begin to feel faint or dizzy, if you develop a rash, or if you begin to experience heart palpitations, it could be a sign that you’re more seriously ill than first thought, and you should be moved up in the queue. Report any new or worsened symptoms to the nurse on duty. If you feel that you aren’t being taken seriously, ask to speak to a charge nurse or shift supervisor. Know Your Rights If you experience harm as the result of a long emergency room wait time, then you may be entitled to compensation from the hospital for your losses or injuries. Failure to treat or an unreasonable delay in treatment is a form of medical negligence, which means that you may be able to bring a medical malpractice suit against the hospital, against the individual staff members that made the decision to delay treatment, or both. In order to bring a lawsuit, you’ll need to prove that you’ve experienced harm. Harm could be physical, financial, or both. For instance,...

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