Category: Personal Injury

When Can You File a Lawsuit for Injuries Due to Medication Use?

Personal Injury Lawyer

Most Americans use prescription or over-the-counter medications to help them feel better. When you are prescribed a drug by your doctor or you pick up medicine from the local pharmacy, you expect that the medicine will not harm you. Everyone knows that drugs can have some side-effects. Usually, your pharmacist will warn you of these effects. In general, side effects are mild. The deadly or more severe side effects are extremely rare.

What happens if you suffer a serious injury or illness due to the drugs that you took? If the medicine turns out to be unsafe, you may be wondering what you can do. After all, a serious injury or illness could compromise your job, your ability to make an income, and force you into medical debt.

Medication Effects

It can take years to find out all of the side-effects of a medication. If you are taking medication and you wind up with a serious illness, you could have a lawsuit against the manufacturer. Sometimes, medicine will be released to the public and later it is found that it causes serious illnesses. These dangerous medicines may be recalled. If recalled, you still have a case. 

Unfortunately, not all medications with severe side effects are recalled. A lawyer can help discuss whether your illness or medication qualifies for you to file a personal injury lawsuit. With dangerous drug cases, the drug companies also have legal teams, so you need a lawyer to help fight against them.

Pharmacy Errors

Sometimes, the pharmacy can make mistakes. Did the pharmacy fail to flag a medication that interacts poorly with another medication that you are on? Pharmacists tend to have patient records on file. They will have access to your other medications and also your list of allergies. If you are prescribed something with an ingredient that you are allergic to or a medicine that will have a severe side effect due to interactions with other medicine, then you may have a case against the pharmacy.

If you took medication for an illness and ended up worse afterward or with a new illness or injury, then you may have a personal injury case against the doctor, pharmacist, or drug manufacturer. When it comes to personal injury lawsuits in the medical field, it can become very complicated, so it’s important to have someone on your side who knows about personal injury law. Set up a consultation with a lawyer, like a personal injury lawyer from Kamper & Estrada, PLLC, as soon as possible.

6 Documents Your Should Bring When Meeting a Personal Injury Attorney

Personal Injury Lawyer

A personal injury attorney can help you determine the compensation or damages you should seek during settlement negotiations or trial. They can also help you understand if your case is worth taking to court. However, to determine the value of your claim, the lawyer will need to review specific documents — six to be exact.

  1. Identifying Documentation

While it may seem redundant, you will need to not only introduce yourself to the attorney but also show some form of identifying documentation, like a driver’s license. An attorney must verify that you are who you say you are before discussing the specifics of a potential claim. Once you are verified, you and the lawyer can begin discussing the specifics of your accident.

  1. Police or Incident Report

One of the first pieces of information a lawyer will want to see is the police or incident report, which discusses the cause of the accident. An attorney wants to evaluate your liability or responsibility in the situation preliminarily. While fault laws may not matter in your state, some jurisdictions will not allow a lawsuit if the victim is even partially to blame for the incident.

  1. Photographs

Photographs of the scene and your injuries help a lawyer understand the full story. Pictures also help to corroborate your version of the events. It is encouraged that accident victims take pictures after an accident, but it is also understandable if they were unable to follow the incident.

  1. Medical Bills

An attorney will also want to get a detailed review of your medical expenses. They will want to see the out-of-pocket costs and the costs covered by your insurer. Most often, your insurance provider will expect to be repaid for coverage of injuries due to someone else’s negligence.

  1. Receipts

If you were in a motor vehicle accident or if a fall resulted in damage to personal property, then you will need to also provide the receipts for any repairs or replacement costs. Your attorney can help you determine if the expenses are valid to your claim.

  1. Lost Wage Information

Finally, if the accident forced you to miss work or lose wages, you will want to show proof of loss to the attorney. For example, if an injury has left you unable to work because of a permanent disability, then your lawyer can help you determine adequate compensation.

To allow a lawyer, like a personal injury lawyer from Martin Wren, P.C., to give you an accurate picture of your potential compensation, you must provide them with documentation proving your costs. Contact a local personal injury attorney for help.

Frequently Asked Questions About the Bankruptcy Process

Personal Injury Lawyer

Bankruptcy can be a useful tool if you’re struggling with large amounts of debt. Most Americans file for Chapter 7 or Chapter 13. To file for bankruptcy, you have to be eligible. When you choose to file for bankruptcy, it may feel overwhelming at first. No doubt you’ll have your share of questions to ask.

What Is the Means Test?

The means test has a couple of different parts. The first part of the test checks your household income. Gather as much documentation as you can about your income for the last six months. Also, make sure to include any changes to your income in the last six months. For instance, if you had a high-paying job for the last six months but recently lost your job, this is an important exception. If you now have a higher-paying job, this will also be considered.

If you have a lower income than the median income, you pass the means test. If you don’t, this doesn’t mean that you can’t file for Chapter 7 bankruptcy. There is another part of the test that you can rely on.

To start the second part of the means test, you need to document all of the expenses you’ve had for the last six months. You need to list your medical costs, clothing costs, groceries and more. These are allowable expenses. If you have a low enough disposable income, this means that you can continue forward with the Chapter 7 process. If you do not pass the means test, then you still may be able to file for Chapter 13 bankruptcy.

Can You Keep Your Credit Cards?

When you file for bankruptcy, you have to list all of your debts. If you have any zero balances, then you do not have to list the card. However, once you file for bankruptcy, your creditor may cancel your card anyway. In some cases, the creditor may allow you to sign a new contract, but don’t expect to keep all of your old and current cards. If you owe debts on your card, you do have to list them in the bankruptcy documents.

If you are struggling with your debts, there is a good chance that you qualify for bankruptcy. The type of bankruptcy that you’re eligible for will depend on your circumstances. To figure out whether you’re eligible for bankruptcy, set up a consultation with a chapter 13 bankruptcy lawyer, like the attorneys at Kamper & Estrada, PLLC as soon as possible.

What is a contingency fee?

Personal Injury Lawyer

Your personal injury case has been open for quite some time now and it’s finally the time to give out the checks to the medical facilities, to the medical professionals, to yourself, and last but not least, to your personal injury attorney. You sign a contract or get an agreement with your personal injury attorney when you first meet with them to work alongside with you. Their job is to do whatever that they can to pull through with their part in the agreement that you have with them, and in return, you don’t have to pay them with money upfront or by the hour. Contingency arrangements are usually common and are agreements that happen in most personal injury cases. Your personal injury attorney will wait until your case has come to an end until they will be able to be compensated. If your personal injury attorney meets the requirements in the agreement that you have both come to in the contract, they will be compensated with their contingency fees. A personal injury attorney will usually ask for a portion of what is paid to you, the client. Don’t confuse this with a job to repay your expenses to your personal injury attorney or the courts for filing, depositions for witnesses, or other things.

The personal injury attorney will pay money out-of-pocket on a contingency fee contract from any of the work that must be done to go forward with the lawsuit that’s going on. Your personal injury attorney will pay for a number of things such as postage of agreements, for all of the court documents that have been documented, for hiring court reporters, and for hiring people to investigate. They will typically pay anything that would help have your personal injury case result in a success.

Contingency fees are put in place to protect you from any more financial burdens than necessary. The right attorney will understand what this can mean for you and the outcome of your case and also offer this option to you. Contingency fees are more common than you think. So, should you or someone you know be involved in a personal injury incident, do not be afraid to speak with an attorney. While attorneys are typically very costly, the free consultations and contingency fees should put your mind at more ease. Contact a personal injury attorney, like from The Law Offices of Andrew R. Lynch, P.C., to discuss your options as soon as possible.

Toxic Mold Injuries

Personal Injury Lawyer

Toxic mold is a hazard, and according to new studies and claims, this is not going to change. Just because the toxic mold is a new type of hazard does not mean that it should not be taken seriously. Mold has the ability to advance by way of the moisture inside of your home, or simply any building. Mold can form in your basement, attic, or inside of your walls. There are several reasons why moisture may build up in your house. Moisture can build up in your home due to a matter regarding plumbing, or weather conditions can begin to affect your home. 

Mold in the Home

It’s imperative that renters and homeowners know that the mold is powerful enough to feed through the wallboard and other things in the house that make the air warmer. These things make the growth of the mold faster and more negatively impactful. Unfortunately, mold issues in the home can lead to health problems. These same health problems have the ability to stop people from going to work and make it difficult for a person to live a normal, healthy life if these problems aren’t treated medically and the mold issue is not resolved expeditiously.

Health Issues Caused By Mold

People who have been seriously exposed to the absorption of mold have been hurt, could have contracted a lung disease or a respiratory infection, and even put others such as guests in danger as well. In the event that you or someone you know has suffered a health issue due to mold exposure, you must find an attorney who will have a well-spoken way to their rights as a resident or a renter. Make sure the mold issue has been reported to a person who has a duty to fix it. In the event that the request has been ignored, he or she can be held responsible for your illness or injury. 

Contact an Attorney

In some cases, mold may damage furniture or items of clothing, and they will be responsible for replacing that as well. If a person is held accountable for breathing the mold toxins because of where they work or live, then there might have to be a civil suit to resolve the matter. If it is seen that the people who are in charge of the injuries due to mold acted carelessly, then those people will be the ones who are defendants in your lawsuit. Since the cases of mold are growing, talking with an attorney helps you make the situation clear that other people didn’t really care about it or take the mold seriously. Contact a lawyer, like a personal injury lawyer from the law office of Andrew R. Lynch, for more information today. 

Items You Should Bring with You at Your First Meeting with Your Personal Injury Attorney

Personal Injury Lawyer

Even if you don’t consider yourself to be a lawsuit-hungry person, there are times when pursuing legal action makes sense. In serious accidents, it may be in your best interests physically, emotionally, and financially to speak to an attorney about recovering damages for your accident. Before an initial meeting with your lawyer, make sure you’re prepared so you can get your case off on the right foot. There are certain items that you should have with you.

A List of Questions

Your personal injury lawsuit will have a long-term impact. This is one of the most important decisions you’ll ever make, so you want to be sure you’re doing what is best for you and your family. Certainly, you will have a lot on your mind as you go to this meeting. Before the discussion, organize your thoughts and write down all the questions you have. This will help ensure that you don’t leave feeling confused or that you forgot to ask something pertinent.

Insurance Information

Part of your personal injury lawsuit will involve working with your auto or medical insurance provider. After you file a claim, you may encounter difficulties with the insurance denying it or being unresponsive to your inquiries. Your attorney has the skills and experience to work with insurance companies. An experienced lawyer, like a personal injury lawyer from The Law Offices of Konrad Sherinian, knows how to negotiate with providers. Bring paperwork regarding your policy, including information that explains your premiums, deductibles, coverage limits and exclusions, and other policy details.

Photos of Your Injuries and the Damage

Your lawyer can help you build a strong case if you’ve already done some of the leg work. Showing evidence of your injuries will increase the likelihood that the court will accept your damage claims and understand the seriousness of the harm you received. Don’t forget to take pictures of any other property damage you suffered. Provide the lawyer these pictures as well.

Medical Records

After an accident, you should get medical care as soon as possible. Before you meet with your lawyer, obtain copies of your medical records. These will show that a doctor examined you after your accident. The records will also include any diagnoses and treatments you had. If you take this step, it will save time as you start to build your case.

Bring these items to the first visit with your lawyer. Doing this will give your attorney a better understanding of what you’re facing and whether your case has merit.

Protection Against Personal Bankruptcy As a Business Owner

Personal Injury Lawyer

Owning a business comes with a host of financial risks you may not have experienced otherwise. If you’re worried because your business isn’t doing too well, you might be concerned about your personal finances. Is there a chance you would need to file for personal bankruptcy if your business has no money to pay off debt? It can get tricky, but there are some ways to protect your personal property.

The Legal Structure of Your Business

When determining the legal structure of your business, you should think about protection for your family and personal property. While a sole proprietorship might be a great option for someone just starting up a business, your personal property is in jeopardy if you have to file bankruptcy.

Setting up an LLC or a partnership is a better way to keep your personal assets and business assets separate. Creditors shouldn’t be able to seek personal assets if you run under these two structures.

Separating Business and Pleasure

The system isn’t airtight, and some creditors may try to rig it so they can go after your personal assets. The way to avoid this is by separating your business and personal lives completely. If you need a business loan, never put your personal vehicle up as collateral. Never sign a personal guarantee for a business loan. You should also have separate bank accounts. Your can pay yourself from your business account, but all your personal spending money should be kept separate.

Purchasing Property Separately

If you are married, you can purchase property separately from your spouse. Your name could be on everything associated with the business. Your spouse’s name could be on everything associated with your personal lives. Of course, the home would still technically belong to both of you, and you would be an insured driver on your vehicle, but to keep the finances separate and your personal property safe, this might be a good solution. The only trick to this is if there’s a divorce, your spouse could take the car, the home and any other large assets, but if you feel your marriage is secure, this could be a great course to take.

Calling a Bankruptcy Lawyer

As a business owner who also has a personal life, you want to do everything possible to keep your personal possessions safe from bankruptcy if your business faces financial trouble. To learn more about what you can do, call a bankruptcy lawyer, like a bankruptcy lawyer from Kamper & Estrada, PLLC, today.

Restaurant Injuries 

Personal Injury Lawyer

There are some days we just do not want to cook or may want to enjoy a nice meal prepared by someone else for a change. There are several fast food chains that may satisfy this desire, but there are also other restaurant options that prepare dinners that taste just like home cooked meals. The last thing you would want when you make the decision to spend your hard-earned money anywhere is to have a bad experience. 

Restaurants have a lot of room to make mistakes, so both employers and restaurants have to pay very close attention to almost every encounter that takes place in their establishment. A customer may suffer from an allergy a server did not hear them mention. Hot food or beverages can spill on customers or glass can shatter and cut a customer. In the event that you suffer an injury of any sort while visiting a restaurant, there is a chance you can seek damages under a personal injury claim.

You can have a potentially successful personal injury case if you or the victim in this matter can determine if the restaurant was negligent at any time during your visit. The way you determine negligence is based on three factors usually. These factors are: 

  • The duty the restaurant had was to ensure that nothing they did would cause harm or could potentially cause harm.
  • The restaurant was not successful in this duty of care. 
  • Due to this failed duty of care, an injury of some sorts was acquired.

It is impossible to hold the restaurant accountable if even one of these three factors were not a factor in your injury incident. If there is an injury due to the negligence of a restaurant staff member or owner, it is typically easy to prove. The issue in these cases is whether or not the incident was avoidable or foreseeable. If the restaurant is not informed of certain incidents or threatening situations, it is difficult for them to prevent anything from happening. For example, if someone is allergic to peanuts and the dish they were served was prepared in peanut oil, should that person suffer any reaction or injury, the restaurant would not be held liable if that customer did not inform them of their allergies. The restaurant would be fully responsible for their staff and the negligence the staff displayed. It is unlikely that an employee would ever be held directly responsible for the incident.

To get a better understanding of whether or not you may have a successful personal injury case with a restaurant, speak with a skilled personal injury attorney, like a personal injury attorney in Dekalb, GA, as soon as possible. 

 


 

Thanks to the law office of Andrew R. Lynch, P.C. for their insight into injuries that occur in restaurants.

Refusing A Personal Injury Case

Refusing A Personal Injury Case

Personal injury attorneys do not always accept personal injury cases and there are several reasons why. Personal injury attorneys often offer free consultations. It is during these calls or meetings that an attorney will discuss the details of your case and determine whether or not they will take your case. Even in the event that you are very confident in your case and feel like you have a personal injury case that is easy to win, an attorney may decide it is not the case for them. Speaking with a skilled personal injury attorney as soon as possible will save you time in your search and also in figuring out if your case is actually worth pursuing. While every attorney has their reasons to refuse a case, here are a few reasons you may have a personal injury case declined by a skilled attorney:

  • Minor injuries: This is the most important factor in a personal injury case. Having major injuries builds a personal injury faster than not. This does not mean that minor injuries insinuate that a case will not succeed, but the more an individual suffers from injuries the better the case against the parties that are responsible for said injuries.
  • Statute of limitations: is when a claim has a specific time limit to be filed in court. If this date is approaching an attorney may refuse to take the case because there is not enough time to investigate and build your case in your favor. This is why it is best to speak with an attorney almost immediately after a personal injury is sustained.
  • Who is at fault?: If this is hard to figure out, an attorney may decline your case. This is because you may very well be at fault to some degree, which may make the case pointless. There is no one you can file against if you are also at fault, or someone will also be filing against you.

There are several reasons an attorney may refuse to accept your case, and they may even refer you to a different attorney, or advise you that your case is not strong enough. Either way, no matter the details, you should speak with a personal injury attorney as soon as you incur an injury to determine the potential of your personal injury case. Should you or someone you know suffer any form of personal injury, speak with a skilled attorney, like a Dekalb County attorney, as soon as possible.

 


 

Thanks to the law office of Andrew R. Lynch for their insight into refusing personal injury cases. 

What is My Personal Injury Case Worth?

Personal Injury Lawyer in West Palm Beach, FL

After an injury, one of the first questions most people ask if they decide to file a lawsuit against the person or entity that was negligent is, “What is my claim worth?”

The most important thing those who are filing a claim need to understand, however, is that every case is different, and it is very difficult to put a price on an injury.

“This is often difficult to evaluate early on, because generally speaking, people have to treat with a doctor for months and months before their injury stabilizes and the doctor can give a prognosis for this future,” says Florida-based attorney Eric H. Luckman, P.A. ”So all these moving parts go into making up the value of an injury case and it is oftentimes very difficult to determine the value of the case early on.”

That’s not to say there haven’t been attempts to do so.

Certain injuries such as amputations have a certain set monetary value, although that value is often tied to salary if the case is a workers’ compensation case.

Calculating damages in general

Liability and damages are the two parts that make up a personal injury case.

If one person or business is 100 percent liable for your injuries – the driver in a car accident, or the business that failed to put safety features in place that may have prevented your injury, for example – that person or entity will cover 100 percent of the damages. If you are in any way at fault, however, that will reduce the value of your case, and any potential settlement you might receive could be reduced or rejected entirely, depending on the state in which you live.

Damages include both economic and non-economic losses.

Economic losses are tangible, such as medical bills, property damage, out-of-pocket expenses and lost wages, which can be determined by adding up current bills and estimating future bills and future earning potential.

Non-economic losses, however, such as pain and suffering, emotional distress including post-traumatic stress disorder, loss of consortium (the companionship of a spouse or partner) and loss of enjoyment of life are much more difficult to price, and in many cases, more costly because who can put a price on pain and suffering, especially after a life-altering accident?

What impacts damage estimates?

There are several different aspects of a personal injury that will help influence the outcome of a settlement.

Potential damages will be determined by:

  • The severity of your injuries.
  • The medical treatment you received, and how much more you will need.
  • Whether or not you required surgery, since surgery usually increases the value of your settlement.
  • The prognosis of your injuries. Are you expected to make a full recovery, or will there be complications?
  • The impact your injury has had on your daily life.

Honestly, there isn’t any certainty about the worth of your claim until an insurance company makes an offer, or a jury determines a settlement.

To find out more about your personal case and to get an expert opinion from a personal injury lawyer in West Palm Beach, FL, call a law office today.

Contact Luckman Law for their insight into personal injury claims and what your case is worth.