Personal Injury

How to Prevent Personal Watercraft Accidents

Posted by on Feb 3, 2017 in Personal Injury | 0 comments

The use of personal watercraft is becoming more and more common, particularly in states such as Florida. It is a nice way to have some fun in the water, but we should also take note that it is also a way to injure yourself and the others around you, especially if you operate the watercraft in a reckless or negligent manner.

According to the website of Bruner Law, personal water craft accidents that involve carelessness and negligence may be subject to personal injury lawsuits. To stay away from the health and financial costs associated with such accidents and lawsuits, it is best to be diligent in operating your personal watercraft.

Don’t drive under the influence
Operating your watercraft while under the influence of alcohol, drugs, or medication is very dangerous because of coordination and comprehension issues. If you are under the influence, you hand-eye-foot coordination is affected, as well as your mind’s perception and overall ability to make proper judgment. Having limited coordination and comprehension skills is a recipe for disaster in the water.

Drive at a safe speed
It is obvious that speed can be a factor in accidents. First, your reaction time to unexpected stimulus will be very short if you are speeding. Second, the speed puts you at risk of losing control or overturning. And third, speed can make the impact on collisions even more devastating.

Be mindful of the others around you
Water is just like the road, in the sense that you are not alone and you should take into consideration of the others around you to avoid unnecessary collisions. There are other boaters, swimmers, surfers, and personal watercraft operators around you. If you are not aware of their position and speed, you may be involved in an accident because of poor judgment.

Consider water and weather conditions
The sea is a powerful force of nature, and underestimating it may have negative consequences. Consider the height of the waves, the overall calmness of the water, the wind, and other factors that may affect your personal watercraft experience. It is best to avoid dangerous conditions than risking your life.

Read More

Lack of Informed Consent And Gross Negligence

Posted by on Aug 16, 2016 in Personal Injury | 0 comments

When a patient needs to undergo operation or treatment, a doctor is legally bound to get their “informed consent” on what will be done. If the doctor fails to do this and something goes wrong with the patient in connection with the treatment, they will be liable for medical malpractice. According to the website of Karlin, Fleisher & Falkenberg, LLC, once informed, the patient has to explicitly agree to the procedure or treatment.

As most procedures may carry some potential risks, the doctor must properly communicate this to the patient who will then decide if they will undergo the procedure or treatment. Before conducting treatment, doctors will require the patient to sign a consent form.  It is their responsibility to provide all the necessary information about a procedure or treatment, which may include:

  • Description of the procedure or treatment
  • The purpose of the procedure or treatment, including desired outcome
  • An explanation of the key risks and potential complications involved+
  • An explanation of any alternative treatment or procedures
  • The likelihood of the procedure’s success

With informed consent, the patient has the opportunity to ask the doctor follow-up questions as well as sufficient time to consider the discussion and make an informed decision. It is worth noting that signing a form alone is not an indication of informed consent. The doctor must be able to discuss the procedure and risks with the patient. It does not have to be a detailed explanation of the risks but only those which are important.

In contrast, gross negligence in medical malpractice happens when a doctor does something wrong or causes harm to someone else. It is considered as a reckless action done by a person with no medical training. If a doctor does not have informed consent to perform a procedure and the patient gets injured, they may be sued for gross negligence.

In every rule there is an exception. For informed consent, the following conditions are exempted:

  • When the patient must act quickly to save the life of a patient and there is no time to explain the risks involved.
  • If a doctor is aware that the patient is suffering from emotional distress that they will refuse to undergo the procedure, they may not need to obtain informed consent.

The doctor is still liable for lack of informed consent if they perform a different procedure even if it was successful. However, the patient can only make a claim if such procedure was a mistake or not necessary.



Read More

Devastating effects of brain injuries

Posted by on Mar 22, 2016 in Personal Injury | 0 comments

When a person’s head is seriously hit by any object, he or she might suffer traumatic brain injury (TBI). Depending on the severity, individuals who have TBI in accidents are often left financially struggling as they can no longer secure a job due to disability.

TBI is often fatal in fact there were 52,000 deaths in the 1.7 million people who have sustained brain injury recorded by the U.S. Center for Disease Control and Prevention (CDC) from 2002 to 2006. People often are at high risk of sustaining TBI if they got involved in car accidents, truck accidents, motorcycle accidents, workplace accidents, or any kinds of accidents that might result to their head getting hit. When the person’s head is seriously struck, the brain cells are damaged and the oxygen supplied in the brain is disrupted when bleeding takes place in the brain. Mild TBI can have serious consequences to individuals according to the website of the Clawson & Staubes, LLC: Injury Group.Individuals are at high risk of serious complications immediately after getting a serious blow or impact to his or her head.

A person whose brain parts have been damaged after a serious TBI might fell into comatose condition for weeks or even months. While some persons who suffered brain injuries were able to recover from a coma, there are persons who were unfortunate and enter vegetative state. A person in the vegetative state may possibly make slight body movements even he or she is not aware of what is happening around him or her. Some individuals who have been to vegetative state after a serious TBI may possibly regain mild consciousness. Serious TBI complications like locked-in syndrome and brain death may result if a person’s lower brain and brainstem are greatly damaged. Serious TBI complications such as these are often fatal.

Families whose loved ones are left permanently disabled or were killed after sustaining brain injuries in accidents might consider filing damage claims for them to recover their loss. Seeking financial assistance is often the best recourse in such situations as individuals who sustained serious TBI require extensive medications to recover.

Read More

Personal Injury Cases

Posted by on Oct 21, 2015 in Personal Injury | 0 comments

The results of critical harm can be hard to ascertain, and should never be underestimated. According to the United States Department of Justice, settlement for an injury sustained due to carelessness or someone’s lack of responsibility may be based on the injury’s seriousness and the location where the harm occurred.

Insurers possess a method of calculating a personal injury claim’s worth. The psychological and mental effect are generally considerably harder to evaluate even though the physical facet of the injury could be easy to discover. To help you consider harms that may be compensated, below are some important items to consider:

  • Potential permanent impairment or disfigurement
  • Additional expenses that are related and entire medical treatment costs (comprises the future and current treatment costs)
  • Lost wages because of missed work during the time spent in rehab and treatment
  • Emotional problems, for example, strain, trauma, depression, anxiety, humiliation caused by the injury
  • Property damage
  • Loss of satisfaction and lifestyle

This calculation serves just as a guide for settlements, where both parties can negotiate the appropriate measure of compensation. As said on the website of Sampson Law Firm, there are also outside variables, where the victim may be partly responsible for the mishap, as well as the whole sum of the settlement might subsequently be considerably lower than desired. Together with the assistance of a legal professional, sufferers of harms that are irresponsible may not be unable to get reparation from others’ wrong doings.

For missed chances, opportunities, discomfort and suffering, the computation for what insurance companies call “general” harms can be a little complicated. Insurance adjusters typically include all the expenses in the clinical remedies (called “specials”). For much more minor injuries, the “specials” is increased by 1.5 or 2 to get the “general” damages. For especially severe and lethal injuries, the “specials” is multiplied by around five (as well as 10 for intense harms). Revenue lost is then added.

Read More

What is Complicated about Injury Lawsuits?

Posted by on Mar 18, 2015 in Personal Injury | 0 comments

What can be so complicated about personal injury? This might be a thought that comes into mind when an incident of this nature flashes on the news. The thing is – ninety seconds of coverage is just exactly that: ninety seconds. What victims of personal injury accidents actually go through can be some of the most devastating months, sometimes years of their lives.

You can ask a personal injury attorney in Massachusetts – these cases are never as straightforward as you might wish they could be. Each and every case is different, with varying variables, and it is representing these variables in a court of law, presenting these facts to a jury and a judge, that could make or break the case in question. The members of the case involved need to keep recounting the events over and over again, thereby reliving the terrible moment time and time again, and it is important that the client is treated with only the utmost compassion and sensitivity.

People never think it can happen to them – until it does. Those ninety seconds on a news program or a thousand word article on the newspaper will never be enough to depict what actually goes on behind the scenes in the lives of victims of these kinds of accidents. There are the medical expenses that can take a toll on an entire family, or even an entire corporation if the victim were in charge of the income of dozens or hundreds of people. These ripple effects transcend through waves and waves of people you wouldn’t think were involved but, unfortunately, are.

That is why it takes specialized help, people who have indubitable knowledge of these kinds of cases, to make sure that you are given the best care possible as well as the least stress. After all, an accident that can cause significant injury is prone to cause stress and trauma. It is well deserved rest that the victim requires and it is exactly that that only professional legal aid can offer as they can handle all the difficult details while you recover.

Read More

Parenting Injured Children

Posted by on Feb 1, 2015 in Personal Injury | 0 comments

According to the website of Crowe & Mulvey, “Due to their lack of experience and inherent physical vulnerabilities, children are much more prone than others to suffer serious injuries in the case of an accident.” No parent wants their child to go through pain, so if your child ever got injured, you would want to cushion the blow to the best of your abilities. Below are some tips on how to do so.

Depending on their age, set up play dates for them frequently. Because they cannot go outside to play or possibly even walk over to a friend’s house, their social life is most likely suffering. If they are a bit older, offer to take them to their friends’ houses or let them know that if they want to invite friends over, that they can. Companionship is an important coping mechanism.

It is okay to be a little more relaxed about time spent playing video games or watching television. These things can be therapeutic in the sense that they keep someone’s mind off of problems at hand.

However, do not let your child fall behind in school. They will most likely require more downtime than usual, but letting them avoid their responsibilities does not set a good precedent. Let this be a good lesson to them on how to persevere through difficult times.

Do not be afraid of medicating your child, but also do not go overboard. Talk to their doctor about what the appropriate dose of pain relievers is for their age, weight, height, and gender.

Surprise them with the occasional treat. If it seems like they are having a bad day, stop by the store to pick up their favorite flavor of ice cream. Sometimes it is the little things that have the ability to make your child’s day.

Read More