What to do after a hit and run

Apartment buildings offer homes to millions of people across the country. These buildings often offer great amenities, and remove much of the responsibility of owning a home from the tenants lives. One of the best features that comes with an apartment building is increased security. Many apartment buildings are controlled access, which limit who can enter the building. Even if the apartment building isn’t controlled access, there is a legal responsibility of the apartment complex to provide a reasonable amount of security to their tenants. If you have been the victim of a crime within your apartment complex and have suffered injuries or damages, you may be able to seek compensation due to negligent security.

Negligent security is a type of premises liability. Premises liability is a legal doctrine that holds property owners responsible for the safety of visitors and residents of their property. You may have heard it applied to tripping or slipping hazards. The principal is the same for negligent security, the property owner is to take reasonable efforts to stop a foreseeable crime from occurring. These efforts usually involve having a functioning security system, locks on the doors, limiting who has keys, and informing residents to crimes in the surrounding area.

Foreseeability of the crime is an incredibly important part of negligent security claims. Just because a crime occurred does not mean that you have a valid negligent security claim. Rather, the crime must have been preventable if the apartment building had taken reasonable actions. That being said, your case can claim the complex did not take reasonable action if the security gate is not working, or lights are out in the hallway and complaints have been made to the building manager. These are simple matters to resolve that could easily stop a criminal from being able to bring harm to the tenants of the complex. Remember also that you personally must have suffered injuries or damages to your property during the crime in order to file an effective negligent security claim.

If you believe you have a solid negligent security claim, you should contact a skilled lawyer, like premises liability attorney Dekalb County GA, in your city. An attorney will have the understanding and experience to analyze the factors of your case and determine what legal path would be best for you. Your attorney will help you to hold the apartment complex responsible for not meeting their obligation to provide adequate security, and ensure you receive the compensation that you deserve.

Andrew R. Lynch, P.C.Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into negligent security in apartment buildings

Traumatic Brain Injury Cases

Resulting from a bump, blow, or jolt to the head, a traumatic brain injury (TBI) disrupts the normal function of the brain. While most traumatic brain injuries are mild, others are life-changing and can lead to vision and hearing problems, impaired thinking, depression and other serious side effects.  Falls, being hit by or against an object and automobile crashes are the most common causes of traumatic brain injuries.

If you have suffered a head injury, it is very important to closely monitor your symptoms, write them down in a journal and tell your doctor about any unusual behaviors as soon as possible. No matter how minor your symptoms might seem,  do not ignore them. If you do not treat a head injury right away, it is more likely to cause problems with motor function, cognitive function, sensation and emotion. In fact, almost half of people who have been hospitalized for a TBI experience a related disability one year after the injury.

If another person or entity caused your TBI, you might be able to bring a lawsuit and recover damages. Your injury may have resulted in permanent damage and you deserve to be compensated for that. This injury might have affected your relationships with family and friends, your ability to do household tasks, work a job and do many other activities.

If you have suffered a head injury and would like to file a lawsuit, you may want to consult with an experienced personal injury lawyer Fort Collins, CO relies on. He or she can improve your chances of winning fair compensation and protect your rights. During your first consultation with a personal injury lawyer, don’t forget to bring any documents relating to your case, such as medical records and witness statements. Your lawyer may look at these documents to determine if you have a strong case or not.

If you have any questions at any time during the consultation, do not be afraid to voice them. For instance, you might wonder how many traumatic brain injury lawsuits a personal injury lawyer has handled in the past or where he or she attended law school. These types of questions can help you learn more about a lawyer’s skills and experience.

Many personal injury lawyers work on a contingency basis, so you do not have to worry about owing any money upfront. They will only take money if you win your case.

 Cannon Hadfield Stienben, LLC Thanks to our friends and contributors from Cannon Hadfield Stienben, LLC for their insight into personal injury and traumatic brain injury cases.

Allergic Reaction to Sunscreen – Do I Have a Personal Injury Case?

Wearing sunscreen, even if it’s not the best sunscreen out there, is one of the best ways to protect yourself from the sun. However, there have been cases where people have suffered allergic reactions from sunscreen. If you experienced an allergic reaction from sunscreen, you may wonder if you have the right to pursue a personal injury lawsuit against the manufacturer.

The Basis for Liability in a Personal Injury Case

Experiencing an allergic reaction from a sunscreen can qualify as a products liability case, a type of personal injury claim. Let’s take a look at the four elements that must be in place to file a personal injury claim:

  • Duty of Care: The manufacturer of the sunscreen product has a duty of care to make sure the product is safe for the public to use and reveal any possible negative consequences that can result from using the sunscreen.
  • Breach of the Duty of Care: If the sunscreen manufacturer knew that the product could cause an allergic reaction and didn’t disclose that, it could be considered a breach of the duty of care.
  • Proximate Cause of the Accident: The breach of the duty of care has to be the legal and factual cause of your allergic reactions.
  • Suffer Actual Injuries, Damages or Losses: The last step is showing that you had an adverse reaction to the sunscreen product.

Who is Responsible for Your Injuries

The manufacturer of the sunscreen product is most likely legally responsible for your injuries. The store you bought the product from may also be considered responsible.

Compensation in a Sunscreen Personal Injury Lawsuit

The amount of compensation you may receive in your sunscreen personal injury lawsuit can depend on several different factors, such as your medical bills, pain and suffering, mental anguish and emotional distress and lost wages. A skilled personal injury law can evaluate all the factors in your case and estimate the amount you may receive in damages.

Hire a Lawyer in a Sunscreen Personal Injury Case

If you wish to pursue a personal injury claim involving an allergic reaction to sunscreen, it may be in your best interest to hire an experienced personal injury lawyer. He or she can protect your rights and improve your chances of receiving the compensation you deserve. The majority of personal injury lawyers offer free initial consultations, so you do not have anything to lose by speaking to one.


Thanks to our our friends and contributors from Bu Screen for their insight into sunscreen allergens.

Can a Personal Injury Settlement Award Be Included in an Estate Plan?

Can a Personal Injury Settlement Award Be Included in an Estate Plan?

When an individual is injured in an accident by the irresponsible actions of another it can have long-term or permanent consequences. The U.S. Department of Justice reported that:

52% of personal injury cases were caused by motor vehicle accidents.

15% of personal injury cases were caused by medical malpractice.

5% of personal injury cases were due to product liability.

28% were from other causes.

 

Along with pain and suffering, a victim’s injury can require continuous medical care. As the they recuperate, he or she will probably have many questions, which is a normal reaction. When an injured victim takes the time to understand his or her options, they can help protect their best interests. A personal injury attorney can help protect their rights and provide guidance as to which of their legal options is in their best interest.

 

After an accident, the victim may be terrified and baffled. He or she will likely be extremely frustrated if the incident occurred because of another person’s negligent conduct. The bright side is that with the guidance of a knowledgeable attorney, the victim may increase their chances of receiving the compensation that is deserved.

 

Damages in a Personal Injury Lawsuit

 

An individual should keep in mind the monetary award from a personal injury case typically depends upon the kind of accident and the severity of the injury. In some states, if an individuals was harmed in a car crash, he or she may only be awarded monetary damages for pain or if there is an economic loss above $50,000. In most states, there are caps on monetary damages to avoid victims seeking unjust compensation.

 

Personal Injury Settlement Estate Planning

 

Can you include a personal injury settlement in an estate plan? Yes. The process can be complicated, however, which is why many choose to work with an estate planning attorney. He or she can make sure that all legal requirements are met and that the estate plan will be legally binding.

 

The Benefits of an Estate Planning Lawyer

 

Life can be unpredictable, and unfortunately, a serious injury can force the person to reassess how they want to care for their heirs after they pass away. By making prior arrangements for distribution of one’s settlement award, it can greatly benefit one’s heirs. By planning your estate in advance, your heirs will have greater clarity as to your final wishes. Our Sacramento estate planning lawyer can also make sure that your estate does not become a tax burden. Find out more about your estate planning options by speaking with a attorney who focuses on this area of the law.


Thanks to our friends and contributors from Yee Law Group for their insight into  Estate Law.

How to Report Elder Abuse

When you place an aging loved one under the care of someone else, you assume that he or she will be well cared for. And, while that is sometimes the case, it is also true that many elderly people suffer from abuse by their caregivers. In fact, the National Council on Aging reports that about one in every 10 Americans aged 60 or older will experience elder abuse.

With the sad reality that abuse of elderly people is so prevalent, it is important to know how to protect your loved one. If despite your efforts to prevent it, they do suffer abuse, you’ll have a better understanding of how to stop the abuse, and your legal options.

Call 911

If your loved one was abused, is being abused, or is at risk for abuse, call 911 immediately. Explain the situation in detail and don’t be shy or hold back from sharing pertinent information. The law enforcement authority that responds can assess the situation and make a formal report. Be sure to get a copy of the police report so that you can provide it to a lawyer like a personal injury lawyer Phoenix AZ trusts should you decide later on to file a claim or lawsuit.

Voice Your Suspicions to a Healthcare Professional

If you suspect that elder abuse is occurring to your elderly loved one in a residential care facility, tell a nurse or other healthcare professional on staff about your suspicions. However, this is typically only the best option if you live in a “mandated reporting” state. Check with an elder care attorney to be sure.

  • These are states in which certain professionals, including healthcare professionals, are required by law to report any suspected abuse to the appropriate authorities.
  • Follow up to make sure they carried out their responsibility to report it and they should provide you with proof of having done this.

Document Evidence of the Abuse

No matter how you choose to address the abuse that you suspect, be sure to document any potential evidence you may have. Taking photos of the injuries or getting written statements from the victims and/or the witnesses of the abuse can go a long way toward helping you and your loved one get the justice that you deserve.

Once you have appropriately reported and documented the abuse, be sure to seek the help and advice of an elder care or personal injury lawyer experienced with handling these types of cases. It’s important that you consider seeking legal counsel so that the abuse case is handled appropriately and your loved one can recover their damages.

Alex & Saavedra, P.C Thanks to our friends and contributors from Alex & Saavedra, P.C. for their insight into nursing home negligence and elder abuse cases.

Can I Sue My Employer for Emotional Distress?

The question of whether an employee can sue an employer for emotional distress must be taken seriously. Dealing with stress at work is common and can often be managed, but what happens when stress levels change from normal to physically and psychologically damaging? When has an employer stepped over the line from being difficult to abusive enough to inflict emotional distress? When is it time to contact workers compensation attorneys NY relies on? Read further for answers to these questions.

Workplace Stress 

Most of us have felt degrees of workplace stress, which can be defined as negative emotional reactions, such as fear, anger, and anxiety It is not uncommon to feel anxiety when a deadline is looming on a work project, or you forget to accomplish an important task. Your might even feel angry because a coworker is behaving rudely and making it difficult to concentrate. These types of situations normally wax and wane and life goes back to normal.

Emotional Distress 

A problem can arise when an employer’s behavior in the workplace takes a different turn and appears to be intentional, resulting in traumatic psychological consequences. For example, when an employer starts calling an employee names or states that he/she won’t promote an employee because of gender, sexual preference, or body size. Other situations that can cause severe emotional distress are bullying, false imprisonment, and any conduct that threatens an employee’s physical security.

According to Workplace Fairness, a comprehensive website regarding employee rights, intentional emotional distress occurs when an employee experiences severe emotional trauma resulting from an employer’s extreme and outrageous conduct. These types of intentional conduct include:

  • Sexual harassment
  • Discrimination
  • Racial slurs
  • False imprisonment
  • Any conduct that threatens physical security

However, rudeness or obnoxiousness alone may not qualify as intentional conduct, no matter how intentional those behavior seem.

Intentional Infliction of Emotional Distress 

Intentional emotional distress is commonly referred to as the “tort of outrage” because an employer gets so upset that they do something in a way that causes an employee severe trauma. While the laws regarding intentional emotional distress vary from state to state, three elements are generally universal:

  • The employer acted intentionally or recklessly
  • The employer’s conduct was extreme and outrageous
  • The conduct is the cause of severe emotional distress

When to Call a Lawyer

Workers compensation laws are in place to protect employees and to recover benefits from the results of workplace injuries, which includes cases of intentional emotional distress. If you experience any type of psychological stress from what appears to be the intentional actions of your employer, it may be time to consult with a workers compensation lawyer.

Polsky, Shouldice and Rosen, P.C.Thanks to our friends and contributors from Polsky, Shouldice and Rosen, P.C. for their insight into workers compensation practice.

Planning for your Settlement is no Day at the Beach

Most families try to take a nice vacation every year.  The ultimate destination, attendees, mode of transportation, activities, dining options, length of stay and overall costs are determined through months (if not years) of research, inquiries with friends and families, budgeting, work vacation allowances and even consultations with a travel agent.  Let’s say that vacation costs $10,000.  This is a substantial investment for most families and it’s appropriate when making this financial commitment to do your due diligence.

Let’s add a few zeros and see if that changes the way one approaches such an important decision.  So, what if the amount at stake is $100,000? , $1,000,000 or even $10,000,000?  How much investigation should the family who is about to embark on planning for such a large investment proceed?  The sad truth is that many families spend less time pondering their settlement choices than they do planning their vacation; except that next year there will be another chance to plan another vacation.  There will rarely be another chance to plan for another settlement.

As a settlement planning attorney, I get the opportunity to work with people and their families who have suffered catastrophic injuries.  This work begins shortly after the injury and lasts well beyond cashing the settlement check.  Having consulted on over $100,000,000 in settlement cases, I bring a unique perspective on the right, and wrong, way to design these cases.

Let’s face it, several years can elapse from injury to settlement; and people have lots of questions.  They should be concerned about how much will their actual net settlement be?  What are the options for healthcare coverage now and in the future?  What about tax planning issues at the state and federal level?  Who is going to pay for an injured person’s long term care costs?  Is Medicaid the only answer? and if so, what sacrifices does the injured party make for future repayment to the government by accepting Medicaid?  Should the client accept a structured settlement?  Has anyone looked at the financials behind this transaction for the short and long term?  Who does the structured settlement broker at mediation actually represent? – the defendant insurance company who is being sued by the injured party?  Does the person need a Special Needs Trust?  If so, what types of trusts are there?  What if the person is over age 65 and can’t use a traditional special needs trust?  What other options are there?  Some related issues for Medicare coverage too:  How will the injured person enroll in Medicare?  Do they have to set aside funds for future Medicare covered procedures?  What happens if they don’t?  How does the person title their car, home, investments, etc. so that they are not reclaimed by the government after death?  What about family members who want to be caregivers?  The list goes on and on.

These are just a few of the very important decisions that affect how successful a personal injury case will be in the long run.  These are not issues that should suddenly be discussed at mediation or worse yet, AFTER mediation when the deal has been struck and certain options will no longer be available.

Here’s the good news:  We get involved in many cases shortly after the injured party has retained a plaintiff attorney and work with that attorney and the client to answer questions and educate the client along the way, usually for several months or years, so that when the time comes for that “permanent vacation”, the client is best prepared to make important lifetime decisions.  Oh yeah, most of our work is also done on a contingent fee so that if the case does not settle, the client owes us nothing for our services.

Julian Gray AssociatesThanks to our friends and contributors from Julian Gray Associates for their insight into saving your settlement.

Misdiagnosis Related to Antibiotic Misuse

In hospitals and other healthcare facilities across the country, antibiotics are often being overly relied on. This is often caused by a misdiagnosis or when the diagnosis is indeterminate. The improper use of antibiotics may have harmful effects. Factors that contribute to the misdiagnosis on the part of practitioners include lack of experience, inadequate knowledge of the side effects, fatigue, a patient’s previous diagnosis. It is important that the problem be addressed and changes made to improve antibiotic use in health care.

Besides increasing the odds of suffering to the patient, incorrect antibiotic use can decrease the effectiveness of the drugs, and raise the cost of health care. A recent study found that 56 percent of U.S. hospital inpatients receive antibiotics. Close to half of these patients received an inappropriate antibiotic therapy. Imagine just how much of the total cost of healthcare this issue accounts for. In many cases if an illness is viral, antibiotics would not be effective in curing or treating the illness. This could lead to a delay in recovery, or the development of a secondary infection. Sometimes a delay in treatment is caused by an incorrect diagnosis. If physicians do not use blood or other laboratory tests the odds of this increase. A group of 500 inpatient cases at a VA Medical Center was studied, and it was found that 95 percent of patients with an incorrect diagnosis, a failure to diagnose or no diagnosis at all received an improper antibiotic therapy. The patients who were correctly diagnosed were still given incorrect antibiotics 38 percent of the time.

Some common illnesses that are often misdiagnosed before or after improper antibiotics are prescribed include: respiratory infections, skin, ear, and urinary tract infections. In the case of misdiagnosed kidney infections, the risk of complications like sepsis or needing dialysis are increased. These are two extremely dangerous risks, as sepsis refers to whole body toxicity so it may be fatal. In the case of dialysis, the need for being attached to a machine to purify the kidneys may be temporary or become permanent.

An accurate diagnosis the first time, and knowing when it is safe to withhold antibiotics, will help hospitals as well as outpatient clinics to better distribute them. Patients whose conditions are improperly diagnosed can suffer greatly if their conditions worsen, leading to additional medical expenses. Those in this position, should consult with an experienced Chicago personal injury attorney today.

The Law Offices of Konrad SherinianThanks to our friends and contributors from The Law Offices of Konrad Sherinian for their insight into misdiagnosis related to antibiotic misuse.

How Do I Pay Medical Bills Until I Get My Settlement?

Suffering a serious personal injury from a car accident you didn’t cause can be not only painful but also stressful. Medical treatment is expensive. You may not be able work until your injury heals so you might not have any income for the time being. The following are some suggestions that might make it possible for you to pay your medical bills while you’re waiting for a settlement from the insurance company.

Your Personal Injury Lawyer Can Negotiate an Out-of-Court Settlement

A skilled personal injury attorney Cheverly MD trusts should have extensive experience with negotiating settlements with insurance companies. Very often the insurance company will not offer maximum compensation for your damages. Hiring an attorney can make all the difference. With the threat of a lawsuit as an alternative, most insurance companies will prefer to write the accident victim a check. This will enable you to pay your medical bills. In addition, most personal injury lawyers don’t charge accident victims unless they win them a settlement or lawsuit award.

Request a Lawsuit Loan

Special lenders are available that can help you pay your bills until you receive your settlement money. A lawsuit loan is a cash advance that you can get if your case is strong and likely to conclude in your favor. Your personal injury attorney may have to vouch for this on your behalf and speak with the lender.

File for Disability

Your medical doctor can provide you with the medical documentation that you need for a federal disability claim. You may also qualify for additional federal and state benefit programs if you are going to be disabled for longer than 12 months. It is up to your doctor to estimate how long your recovery might take.

Sell Your Unneeded Belongings

You may want to have your family members help you to decide which items you no longer need and prepare them for sale. A yard sale or an online auction can help you to find buyers quickly so that you can gather funds to pay toward your medical bills. This option may allow you to get what you need quickly so that you won’t fall too far behind.

Peer-To-Peer Loan

You can apply for funds from a peer-to-peer lending site. These sites allow you to tell your story, and then investors from your group of peers can provide you with the monies that you need for your tasks. People are often very sympathetic toward others who have been in accidents and are physically and financially struggling.

Hire a Personal Injury Lawyer

Possibly your best option is to hire a reliable personal injury attorney. Your personal injury lawyer will work hard to get you the funds that you need to pay for your damages caused by someone’s negligence. It’s important to contact an attorney as quickly as possible to begin the process of recovering your damage costs.

Cohen and CohenThanks to our friends and contributors from Cohen & Cohen, P.C. for their insight into car accident cases.

How Important Are Seat Belts?

Buckling your seat belt is something you should consider doing every time you get in a car, whether you’re a driver or a passenger. If you’re a habitual seat belt wearer, it’s probably such an instinctual reaction that you rarely think about it, if ever. However, your seat belt is more than just an added task prior to driving or riding in a car. It’s actually a lifesaver.

Lives saved

The National Highway Traffic Safety Administration estimates that wearing seat belts has saved over 15,000 lives on an annual basis. When you consider that there are over 30,000 vehicular fatalities a year, the fact that wearing a seatbelt prevents that number from climbing another 33 percent is nothing short of astounding.

How do seat belts save lives?

Seat belt design and construction is very simple. As a result, you might wonder how effective it can be in the event of a crash or other collision. Turns out, they are very effective. A seat belt can save your life by ensuring that your body remains within the vehicle at the moment of collision. Many vehicular deaths result not from the actual impact, but from being thrown out of the vehicle.

Seat belts are also designed with attention paid to the structure of the human body. Ever wonder why the straps are designed to go in front of your shoulders and hips? It’s because these are the areas of your body best equipped to handle the impact of a vehicular collision. Seat belts don’t eliminate the risk of injury, but they are designed in a way that makes injuries much more manageable.

How to Wear a Seat Belt

A seat belt must be properly worn in order to be effective. The bottom strap needs to penetrate your hips comfortably, no higher or lower. The upper strap goes across your torso, chest to shoulders. Under no circumstance should it be in any other position. Improperly wearing your seat belt can be just as deadly a mistake as not wearing one at all.

Children and Seat Belts

All vehicle occupants should wear a seat belt. It’s especially important that children are properly fitted with a seat belt based on their age, weight, and height. Newborns and those under a year old or less than 20 pounds should be in a rear-facing car seat. One to three-year-olds should be in a front-facing car seat. Children four years and older should be in a booster seat until they are tall enough for a seat belt that fits them as it does for adults.

The Importance of Seat Belts

Seat belts are not just important, they are mandatory. There’s a reason why so many vehicles are designed to make a beeping sound if the driver or any passenger is not wearing their seat belt. Putting on a seat belt is a two-second process that could literally be the difference between life and death.

If you have been injured in a vehicle accident, please contact a attorney today. A skilled attorney like car accident lawyer DC trusts can review your case and potentially help you get the compensation you deserve.

Cohen and CohenThanks to our friends and contributors from Cohen & Cohen, P.C. for their insight into car accident cases.