Personal Injury Law Blogs

Recognizing and Filing a Case for Repetitive Motion Injuries

(US law and generally) Although there are certain industries in which workplace injuries are more typically the result of a sudden, traumatic accident, a large percentage of workplace injuries actually develop slowly over time.  One such example of this – repetitive motion injuries – may actually take anywhere from months to years to begin affecting a person. However, they can be just as damaging in the long run and, just like other workplace injuries, can qualify a person for workers’ compensation benefits.

Identifying a Repetitive Motion Injury

Although each person may suffer from specific symptoms associated with the work they are doing, the following problems may be a sign that a worker has developed a repetitive motion injury:

  • Significant pain or stiffness in the body parts and joints frequently used
  • Lack of energy or a sense of being easily exhausted
  • An increase in the pain while working
  • Inflammation of the affected area

Many people that deal with a repetitive motion injury are diagnosed with tendonitis or bursitis, although this does not encompass the possible repetitive motion injuries.  It will be up to a medical professional to identify the symptoms related to the injury, diagnose the injury, and explain the various treatment options available.

Filing Your Case

Many people do not understand the importance of working with professionals that are experienced in handling workers’ compensation issues.  Finding a doctor and a legal representative that you can trust is critical in working through the complex application process of workers’ compensation successfully.  Having the support of these qualified professionals is not only important to getting the advice and counsel you need, but it also makes it easier to get compensation for the following:

  • Medical treatment
  • Loss of income
  • Therapy or rehabilitation

Getting financial assistance to cover these and other expenses related to your repetitive motion injury is essential when your work has caused you to suffer such an injury. Do not hesitate to reach out to the people that can help you during this challenging time.  If you believe deserve financial compensation because of your losses, a workers’ compensation lawyer may be able to help you with the upcoming challenges.
Carlos is an experienced legal blogger who is a regular contributor to endertonlaw.com.

The Most Common Ways Personal Injury is Attained

The phrase “personal injury” is often tossed around but many are unclear on the meaning and cause of it. Personal injury is any harm that comes to a person physically, mentally, or emotionally. And believe it or not, accidents happen frequently which inflict personal injury to victims.

Here are some common incidents where individuals can suffer from injuries:

  • Car accidents. As one of the most common ways personal injuries are attained, car accidents can cause harm to victims. These wounds can range from minor to severe personal injury, often needing the medical advice of a doctor. Car accidents are often preventable yet there are too many negligent and distracted drivers to stop car collisions completely.
  • Medical malpractice. Occasionally, a surgery could go wrong or a wrong prescription given to a patient. Doctors are responsible for a patient during surgery and it is their responsibility to issue out the right medicine to someone who needs it. Failing to do so could cause some serious, or even permanent, harm to the patient.
  • Slip and fall. When a property is not aware or is not constantly checking its establishment, their visitors and customers can suffer from injuries. An example of this is a property not cleaning up a liquid spill made on a wooden or tile floor. If the business owner was aware of the slippery situation of the floor and chose not to fix the problem, then they are responsible for any injuries their visitors or customers may have attained if they were to slip and fall.

There are other ways personal injury can be received: train accidents, dog bites, negligent security, sexual harassment, and the list can go on. There are some times where certain pains and aches do not manifest until the following day. It is important for a victim to see a doctor right after an accident to make sure that no internal injuries were acquired. And remember, personal injury is not just contained to physical injuries. Many times, psychological damage, pain, and suffering could also be part of the aftermath of an accident.

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Yaz, Yasmin Blood Clot Risk Cited in Thousands of Personal Injury Lawsuits

 

Overview: Yaz and Yasmin birth control pills were highly popular and heavily advertised when they first hit the market, but now the oral contraceptives are making headlines over reports that they may cause deadly blood clots. There are some 12,000 Yaz or Yasmin personal injury lawsuits in US, and only a fraction have been settled so far. The majority of cases are pending in the multidistrict litigation in U.S. District Court for the Southern District of Illinois centralized before Judge David R. Herndon (MDL No. 2100).

David Kessler, former commissioner of the U.S. Food and Drug Administration (FDA) is one the people who have supported the allegations against Bayer. Last year, he issued a report stating that “Bayer violated its duties under FDA regulations and state law by selectively presenting data as to thromboembolic events, which did not adequately inform FDA, doctors or consumers of the thromboembolic risks, from pre-marketing to the present.”

Drospirenone-Based Birth Control Associated with Blood Clots, Related Disorders

Yaz and Yasmin were approved in 2001 and 2006, respectively. They are two very similar types of oral contraceptives. The only difference is that Yasmin’s regimen has 21 days of active pills while Yaz has 24 days. Both birth control pills contain drospirenone, a chemical that has been linked to an increased risk of blood clots. Oftentimes, the blood clot can form in the deep veins of the leg in a condition known as deep vein thrombosis. When this happens, there is a risk that a piece of the blood clot will break off and become lodged in the lungs; this is called a pulmonary embolism (PE). Since they often occur together, DVT and PE are collectively referred to as venous thromboembolism.

Last April, the British Medical Journal published a study showing that women who use drospirenone-based birth control pills like Yaz or Yasmin may have triple the risk of experiencing non-fatal venous thromboembolism. Approximately one year later, the FDA updated the safety label on Yaz, Yasmin and other birth control pills containing drospirenone to warn about the potential risk of blood clots and blood clot-related disorders.

Settlements

So far, Bayer has settled about 1,900 Yaz and Yasmin cases for $402.6 million (approximately $212,000 per case). At this rate, the company estimates that it may spend up to $1.2 billion on the litigation. Bayer has also doubled its reserves for Yaz suits by setting aside $610.5 million in anticipation of potential settlements.

Becoming a Personal Injury Lawyer

(US rules and generally) If you have a passion for helping people and you also love money, becoming a personal injury lawyer might be the perfect choice for you. While most lawyers earn a higher income than the typical salaried employee, injury lawyers are in business to make sure that innocent people who suffered injuries get what is truly owed to them. If you want to help people exercise their rights and you want to put justice above everything, becoming an attorney specializing in personal injury law might be the path you need to travel. But just like with any profession, becoming an injury lawyer takes time. Determine if you have the time to dedicate to become a lawyer and change your life by entering a fulfilling an exciting field that will always keep you on your toes.

Educational Requirements You Should Know

If you already possess a four-year degree, you are one step closer than those who do not. You need to possess a four-year degree before you can even consider applying for law school. If you are not enrolled in a four-year degree program, now is the time to go to your college and discuss all of the degree programs that are available. Even after you are done with your finals, you are going to need to pass the LSAT before a law school will accept you. Getting in law school is very similar to applying for a job. You need to prove yourself with a resume, pass aptitude tests, and only then can you take the courses you need to complete to become a personal injury attorney.

Completing Law School

Once you are accepted into a law school, you will spend about 3 years in school if you are enrolled full-time. If you do not have any college credits, you are looking at a 7 year commitment to become a lawyer, no matter what you want to specialize in. Make sure that you are willing to make the commitment and the investment in school before you even start submitting your applications.

What to Do While You Are In School

You obviously need to pay attention in every subject when you are attending law school. You will take classes that will focus on workers compensation laws, personal injury laws in each state, and even ethics. But what some students do not realize is that they will need to find a job to increase their chances of finding a job when they earn their law degree. It is a good idea to find a job at a law firm so that you can gain experience. Make sure you apply for clerk positions and legal assistant positions at personal injury firms and you can start networking before you are even a licensed attorney.

Passing Your Bar Exam

The bar exam is one of the most important tests you will take in your lifetime when you are studying to become a lawyer. You will need to show that you have comprehended everything you learned by passing the bar. After you pass the bar, you are officially a lawyer.

Most newly licensed attorneys will apply to work for firms where they will take common cases like slip and fall claims. After you get a reputation, you can consider opening your own firm and establishing your own rates.

Environmental Groups Concerned about Water Contamination File Lawsuit

On Tuesday, August 14, the Natural Resources Defense Council and the Environmental Working Group filed a lawsuit against the California Department of Public Health. The suit, filed in Alameda County Superior Court, asks the agency to obey its requirement to limit the level of hexavalent chromium, a chemical carcinogen, in California’s drinking water.

In 2001, a state law required the agency to set a limit for the chemical by 2004. More than a decade after the law took effect, the agency has not met the requirement. The lawsuit alleges that there is no justifiable reason for the delay and seeks a court order to expedite the process.

Chromium-6 Linked to Serious Health Risks

Hexavalent chromium, also called chromium-6, is a known carcinogen. Chromium-6 frequently enters drinking water supplies due to runoff from industrial operations that seeps into groundwater. The chemical is used for the production of textile dyes and stainless steel. It is also used for leather tanning and as an anti-corrosive.

Although chromium-6 has been long recognized to be carcinogenic when inhaled, a representative of California’s Environmental Protection Agency (EPA) stated that the process had been delayed due to a dispute about the chemical’s carcinogenic effects when ingested in water. In 2007, scientists at the National Toxicology Program confirmed that the chemical is carcinogenic when ingested.

According to the Environmental Protection Agency, ingesting large amounts of chromium-6 leads to vomiting, hemorrhage and abdominal pain. It has also been found to damage livers, gastrointestinal tracts and lymph nodes of animals. Breathing the chemical can lead to respiratory problems such as bronchitis, asthma and lung cancer.

California Cities Top List in Chromium-6 Contamination 

Chromium-6 became famous in the film “Erin Brockovich,” which depicted the environmental activist’s attempt to build a legal case against the Pacific Gas and Electric Company (PG&E), linking the chemical to a heightened cancer risk. In her lawsuit against PG&E, she alleged that one of their facilities produced toxic wastewater that seeped into the groundwater and contaminated the drinking water in the town of Hinkley, California. The lawsuit, filed in 1993, resulted in a $333 million settlement. This amount was the largest ever paid in a settlement from a direct-action lawsuit in this country’s history.

In 2010, the Environmental Working Group tested the tap water in various cities throughout the U.S. and detected chromium-6 in the tap water in 31 cities. The California cities of San Jose and Riverside, with levels exceeding 1.3 parts per billion, had among the top most contaminated water sources in the country.

In 2011, the state’s Environmental Protection Agency had recommended that California limit the chemical to .02 parts per billion in drinking water. Water testing conducted throughout California between 2000 and 2011 showed that approximately one-third of the drinking water tested had levels at or above the recommended limit.

Proposed Standards to be Released Next Year

Currently there is no federal standard for chromium-6 levels, although the federal EPA has recommended that the chemical be subjected to enhanced monitoring in public water systems.

According to Ken August, a spokesman for the California Department of Public Health, there are no typical timelines to suggest how long it takes to develop such a standard. August reported that the agency is in the process of developing a cost-benefit analysis. The department’s website states that the standard will be released next year and finalized by July 2015. The department’s standard will be as close to the California EPA’s goal as possible, after economic and technical factors are taken into consideration.

 

Kenny Schmitt is a blogger passionate about environmental issues. He knows that it’s important to protect yourself when a victim of injury or health issues.

Wal-Mart Loses Motion to Dismiss Discrimination Suit

September 25, 2012—San Francisco, CA—The Los Angeles Times reports that the California Supreme Court delivered bad news to Wal-Mart Stores, Inc., when it ruled that an 11-year-old gender discrimination lawsuit would not be dismissed as the company requested.

Wal-Mart had moved to have the lawsuit dismissed after the U. S. Supreme Court barred employees nationwide from suing the company for gender discrimination.  However, a San Francisco judge ruled that the plaintiffs can reduce the class size and the case will be refiled and reheard at a later time.

How Can A State Supreme Court Judge Rule Against the U.S. Supreme Court?

Employment law cases can become very complicated when the issues of jurisdiction come into play.  While the U. S. Supreme Court is called the “court of highest jurisdiction,” the fact is that the Supreme Court of the United States hears cases relatively rarely and can refuse to hear any case it so chooses.  Even when it does hear cases, the court is free to return them to the states with instructions that may affect the way the states handle these topics.

In this particular case, the U. S. Supreme Court ruled that the lawsuit is barred from including members nationwide into a class but did not necessarily bar the states from hearing individual or state-specific actions.  Therefore, the state Supreme Court judge was within his rights to allow California Wal-Mart employees to file their action at the state level.

What Is A Class Action and How Will It Affect These Employees?

When an employee files against a company on a charge of discrimination, the employee has the option of filing an individual lawsuit specifying only the things that have been done to him or her.  However, it bolsters the employee’s case and helps others if a class action can be filed.  A class action includes all people who have suffered similar discrimination.

However, there are drawbacks to class action suits, as well.  For one thing, some people may be excluded from the class due to individual idiosyncrasies in their cases.  For another, the amount of damages per plaintiff that are awarded in a class action suit can be less than if the person filed individually.  Of course, the costs of the case per plaintiff are much less, as well, because one group of employment lawyers usually handles hundreds or even thousands of plaintiff’s cases in an effective and streamlined manner.

Fraud, Deception and Lies: How Not To Make A Personal Injury Claim

Personal injury claims include claimed losses stemming from a physical or mental injury. In order to win a personal injury case, the plaintiff must be able to prove that they suffered an injury and suffered a loss as a result of that injury. They must also be able to prove that the defendant’s action or inaction caused them to suffer that injury. What happens when a plaintiff files a personal injury claim based on lies? Can a plaintiff be charged with a crime or suffer a financial penalty? Who is charged with investigating these claims, and how do they figure out who is telling the truth?

Fraud Investigation in Personal Injury Cases

When a personal injury case is filed, it is up to the courts to decide if that case will be heard. As explained by our personal injury attorney Indianapolis law firm, courts can only go on the information provided by the plaintiff and defendant. While the plaintiff has the burden of proving their case, the defendant will often pay an investigator to investigate the claim if they suspect fraud, or to introduce doubt into a case. For example, a grocery store that is subject to a slip-and-fall personal injury claim could hire an investigator to look into the plaintiff’s claim. If the plaintiff is claiming grievous physical injury and the fraud investigator observes them on video performing physical activities that are outside their stated abilities, it will greatly hurt their claim, and might even result in the claim being dropped altogether.

Fraud investigators use a variety of means to investigate personal injury claims. Capturing the plaintiff on tape behaving in a manner that is contradictory to their stated physical condition is but one tool in their arsenal. Finding previously filed personal injury claims that establishes a pattern of potentially fraudulent behavior can taint the judge and jury to the point that the claim is virtually dead in the water.

If a person is involved in an auto accident scheme, an experienced investigator can use information from the scene, the injuries claimed, and evidence collected from the vehicles involved to raise suspicion of fraud. In the past, investigators have been able to uncover schemes of this type that involve multiple people and a lot of money. The parties involved leave themselves vulnerable to a variety of consequences for being involved in the fraud.

Consequences of a Fraudulent Claim

There are serious consequences that a plaintiff could face if caught filing a fraudulent personal injury claim. These can include criminal extortion charges, loss of driver’s license and insurance, and they could be subject to a lawsuit filed by the defendant.

If a plaintiff is found to have filed a fraudulent personal injury claim after winning the case and collecting damages, they could be forced to repay the defendant, with interest, until the entirety of the damages are recouped. If they are unable to repay the money, the defendant can garnish their wages or file a lien against their property.

Personal injury claims are usually filed by people who are truly injured. Those who abuse the system often end up getting little to nothing, or they get caught red-handed and have to suffer the very real consequences of their actions.

Article written by Georgina Clatworthy, a former legal blog editor and now a contributing writer for the personal injury attorney Indianapolis based law firm, Sevenish Law. Their experienced lawyers represent many who have suffered serious injuries and always fully investigate all claims to ensure those who are negligent are held accountable.

Calculating damages in personal injury claims

Personal Injury claim lawyers sometimes have a bad name. They are viewed as blood-sucking ambulance, chasers, living off the misery of others. This view is compounded by the seemingly exorbitant amounts awarded by the courts in personal injury cases. Every time we see someone awarded £20,000 for a back injury or £5,000 for a whiplash injury, we instinctively recoil. Is such an injury really worth that much? However, the media rarely report the full story. Often the bottom line award is comprised of payments for several different things and may even contain interest.

The amounts of compensation the court awards are not, contrary to what the media may imply, simply plucked out of thin air by the judge. Instead, a book called the ‘Judicial Studies Board Guidelines for the Assessment of General Damages in Personal Injury Cases’ is consulted, normally by both parties’ lawyers. This book is produced by the Judicial Studies Board, the body responsible for training the judiciary in England and Wales. The book aims to standardise the amount of compensation awarded across similar cases and was introduced because, in the words of Lord Donaldson of Lymington: “One of the commonest tasks of a judge is also the most difficult… [the] assessment of general damages for pain, suffering and the loss of the amenities of life.”

Lord Donaldson’s words hint at why the task is so difficult, and why the task is so hard: how do you place a monetary value on the loss of a beloved hobby or on the mental anguish which arise from worry, stress and grief? To give some examples: A young girl, aged 16 is injured in a car crash. She suffers a serious head injury and her father his killed. The head injury causes lasting problems. Her dreams of qualifying as a dentist are dashed. She has lost everything good that her potential career may have brought her, and lost her father. How does the court compensate her for this? An elderly gentleman suffers a wrenching back injury at work and can no longer play golf or work tend to his garden. His retirement plans are scotched. How does the court compensate him?

These are situations the courts regularly have to, and indeed have, dealt with. In such cases, it is not only the physical injury that is compensated, but the loss of the intangible ingredients of a happy life– a fulfilling career, the love of a parent, the indulgence of a pastime and the grief brought on by the realisation of these losses.

Not only are mental anguish and the loss of a chance compensated, but interest is awarded, and computations made based on the future. Detailed actuarial tables, known as Ogden Tables are used to calculate the depreciation in value of compensation over several years.

So, the next time you read about an exorbitant award being made and scoff, remember that it isn’t only the broken leg or the fractured skull that is being compensated. It’s the loss of a chance of a happy life, the loss of enjoyment of a hobby and perhaps even the loss of earnings as is the case in some cases.

National Phone Survey on Distracted Driving Attitudes and Behaviors

The following article is provided by the law firm of Allen, Allen, Allen & Allen. They are one of the largest and oldest law firms in Virginia specializing in personal injury and medical malpractice cases. Visit them online at www.allenandallen.com and also at www.tractortraileraccident-attorney.com.

There is a deadly epidemic spreading across our country known as distracted driving.  Distracted driving is any activity in the car that takes your attention away from the primary task of driving.  Distracted driving is a leading cause of car accidents on our roads and highways.

The National Highway Traffic Safety Administration (NHTSA) conducted a recent survey (11/2010 – 12/2010) in an effort to determine distracted driving behaviors amongst drivers of all ages.  This national telephone survey polled 6,002 drivers, 18 and older, throughout the United States, with the objective examining distracted driving behaviors and attitudes of drivers.  Survey questions asked about driving habits, cell phone use, and opinions of distracted driving laws and enforcement.

There are some common threads of distracted driving behavior amongst all survey participants no matter the age, gender or location.  The top distraction is talking to other passengers while driving – 80% of those surveyed admitted to it.  The second largest distraction is adjusting the car radio or changing music (65%).  Other activities that drivers admit to engaging in while driving are eating/drinking (45%) and talking on the phone (40%).

The survey shows that men are more likely than women to use navigation systems (55% of men, 46% of women) and to use portable music players with headphones (4% men, 1% women).  Women, are more likely than their male counterparts to become distracted by children in the back seat (31% women, 23% men) and to perform personal grooming activities while driving (8% women, 3% men).

Young drivers under the age of 25 are two to three times more likely than their elders to read or send text messages or e-mails while driving.

When asked about laws concerning cell phone use while driving, 38% say their home state has a law banning talking on handheld cell phones while driving and 50% believe their state has a law banning texting or e-mailing while driving.  There was overwhelming support for both – 71% believe there should be a ban on handheld cell phone use while driving and 94% believe there should be a ban on texting or e-mailing while driving.

One of the objectives of this research is to assess the current attitudes and self-reported behaviors about distracted driving.  Hopefully, in recognizing the bad habits of different drivers, it is then possible to establish a targeted campaign towards curtailing distracted driving behaviors.  You can read the full results of the National Phone Survey on Distracted Driving here: http://www.nhtsa.gov/staticfiles/nti/pdf/811555.pdf

Every day distracted drivers cause accidents that seriously injure or kill innocent victims. In many instances, the injured are passengers in the car of a distracted driver. If you or a family member has been injured or killed in an accident caused by a distracted driver, it is important to know your rights. An experienced personal injury attorney can help you understand the laws in your favor and can fight for compensation for your injuries and loss.  An attorney experienced in handling accident cases caused by distracted drivers will put your interests ahead of the insurance companies and protect your interests.

Pharmaceutical Injury- Do You Have a Case?

Most people are well aware that there are individuals that receive more harm than good when they choose to go to a doctor. Most medical tragedies are due to simple bad luck, but a few are due to the malpractice of the medical professionals handling a case. What most people don’t consider is the fact that a person can have a doctor that does their job perfectly and still succumb to injuries and even death due to pharmaceutical drugs. These drugs can cause a number of problems, and there is a list of people that could be responsible for these injuries.

Reasons for Injuries

There are a number of injuries a person can sustain due to pharmaceutical errors. These injuries can include allergic reactions, new or worsening serious conditions and even death. There are several ways in which these injuries could occur. One of the main causes of pharmaceutical injuries occurs when a patient is prescribed a drug that has serious interactions with other medications that they are currently on.

Another form of pharmaceutical injury takes place when a pharmacist accidentally gives a medicine that wasn’t prescribed by the doctor or provides the correct medication but the incorrect dosage. There are even people who are given medications exactly as prescribed by their doctor but still suffer adverse reactions due to the drug manufacturer not fully disclosing or knowing all of the potential side effects. Any of these scenarios can spell distress for a patient.

Who Caused the Injury?

There are times when absolutely no one is at fault for pharmaceutical injuries. Many drugs have side effects listed, and patients cannot blame anyone if they know these side effects are a possibility before they start taking the drug. According to the experts at Doyle Raizner, there are several cases, however, when an individual’s or corporation’s negligence may be at fault.

Cases where a person is prescribed two medications that negatively interact with each other would usually have their doctor to blame. This is only, of course, if the doctor should’ve known that the patient was on a medication that would adversely react with one that they prescribed. Pharmacies have been able to avoid liability more and more by stating that they do not know the medical history of a patient and do not interfere with the doctor patient relationship.

Pharmacies that incorrectly fill a prescription, either through the drug itself or the dosage, would obviously be at fault if a person sustained an injury due to the mistake. When a person experiences adverse reactions that were not reported as a potential side effect by the drug manufacturer, however, then that manufacturer is likely at fault.

It is the drug company’s job to provide doctors with all possible side effect information so that physicians and patients can make informed decisions on the drugs. Accutane manufacturers, for instance, warned that people with pre-existing bowel problems shouldn’t take the drug. They failed, however, to warn that Accutane could lead to these conditions. Because Accutane’s manufacturer didn’t give proper warning of these potential side effects, they’ve been successfully sued by several individuals.

Sustaining a pharmaceutical injury is a serious event. The adverse reactions to these drugs can cause long term damage and even death. It is imperative to seek help from a personal injury attorney due to the fact that they have knowledge on how to handle these cases properly. A pharmaceutical negligence case can drag on for years and require work that the layperson simply doesn’t have the knowledge to accomplish. Anyone who tries to take on chain pharmacies, medical institutions or big drug companies on their own will quickly learn that they’re no match for the team of lawyers these entities often have.

Pharmaceutical injuries can be detrimental to a person and their family. The sheer influx of class action lawsuit commercials against drug manufacturers should show people that drugs which are meant to help individuals can often cause serious problems. These problems can be the fault of a pharmacy, doctor or even the drug manufacturer itself. If someone sustained an injury due to the negligence of any of these parties, it is important that they get a personal injury lawyer, because they never know how long-term these adverse effects may be.

Katie Hewatt is a legal researcher and contributing author for www.doyleraizner.com, a law firm that specializes in personal injury cases including aviation accidents, cruise ship injuries, trucking accidents, bus accidents, and pharmaceutical injuries. The attorneys at Doyle Raizner, have worked for defense firms and have experience defending lawsuits for pharmaceutical companies so when you hire Doyle Raizner, you will get attorneys that have been on both sides of the fence.