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Product Liability
Dangerous Drugs or Defective Medical Devices
Pharmaceutical manufacturers conduct extensive testing before receiving permission from the FDA to release a new drug. Despite the testing, manufacturers oftentimes put consumers at risk to maximize profits. Too often the dangerous health risks and side effects of drugs are minimized or even hidden. The key to a case dealing with dangerous drugs is whether there was improper labeling or insufficient warnings. Our lawyers work with scientific and medical experts to determine exactly what caused a client’s death or injury and whether or not the labeling or warnings were adequate. Armed with that knowledge, a claim can proceed successfully. Medical devices may have manufacturing defects, design defects, or may have been negligently maintained or utilized by a health care provider. While the United States Supreme Court has limited the rights of particular victims of defective medical devices, a failure to meet FDA requirements or negligent maintenance or usage still exposes manufacturers or health care providers to liability for injuries caused by the product.
Defective Machinery
A manufacturer or distributor of a defective machine or an unsafe tool is responsible for any injury or wrongful death resulting from the use of the product. The manufacturers have a responsibility to see that products are designed to be reasonably safe for the intended user, that products are properly manufactured to meet safety standards, and that clear warnings and instructions on how to safely use the product are provided. If you or someone you care about has suffered an injury while using a tool or a machine and you suspect defective equipment, please contact our office to arrange a free consultation. At the same time, obtain the contact information of any witnesses, take photographs of the dangerous product, take photographs of injuries, and save the product, its packaging, and any available instructions. We work closely with scientific experts and accident reconstructionists to determine what caused the injuries and whether it is the result of a defective product.
Motor Vehicle Defects
When investigating a motor vehicle accident, an issue to always consider is what role the motor vehicle played in the accident. Aside from human error, was the accident caused by a defective motor vehicle, or was the motor vehicle able to reasonably absorb the accident, i.e., was the motor vehicle crash-worthy? Accidents that may seem to have been caused by human error or bad weather could have been caused by such things as defective tires/tread separations or instability leading to an SUV rollover accident. Once an accident occurs, the vehicle’s crash-worthiness needs to be examined, particularly for such things as defective seat belts, defective head restraints, or defective deployment of airbags.
Defective Products
There are many defective products that cause damage for which a claim can be brought:
Tools
Cleaning products
Prescription drugs
Toys
Beds
Electric equipment
Fireworks
Car parts
Food
Vehicles
Batteries
Light fixtures
Playground equipment
Changing tables
Wrapping material
Fire causing agents
Contact our Law Firm to discuss your case with us. Call us toll-free or send us an email to schedule a free consultation.
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AUTOMOBILE PERSONAL INJURY LAWYERS
TYPES OF MONEY DAMAGE CLAIMS:
A Personal Injury Lawyer brings years of professional experience to calculate the extent of monetary damages. A compensation claim against another, however, is based upon two facets:
The issue of liability and the calculation of damages. Liability-The element of the claim where an insurance carrier assesses who was at
fault.
Damages- generally include medical expenses, property damage, pain and suffering, current and future loss of income, loss of enjoyment, and in certain cases, punitive damages.
PERSONAL INJURY STATUTES OF LIMITATIONS: A Personal Injury Lawyer prevents insurance company delays which in time will bar the cause of
action. Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. If a cause of action is not filed within the statutory period it will be barred. If you or someone you know has suffered due to a personal injury, a personal injury lawyer can help. Dedicated to helping the injured…
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Enhance Your Medical Treatment with Physiatry
Personal injuries resulting from automobile, bicycle, and motorcycle accidents oftentimes affect various parts of the human body, necessitating different forms of medical treatment and specialization. Physiatrists coordinate multiple areas of medicine for an all-inclusive approach to treating a patient who has sustained numerous injuries. Case Study: when my client was involved in a pedestrian versus automobile accident, she sustained spinal cord injuries, a broken leg, and head trauma. Clearly, she had a long road to recovery ahead of her. Her physiatrist coordinated the medical treatment to enhance and build upon each other with the goal of bringing her to her maximum medical recovery stage in the most efficient and thorough manner. Consequently, she was able to treat with an orthopedic surgeon to repair her broken femur and a physical therapist to restore strength and mobility. She was then treated by a chiropractor and massage therapist for her neck and back pain. Finally, the symptoms of post-traumatic stress disorder (PTSD) that she suffered from her minor head injury were addressed by a licensed psychologist.
What is Physiatry?
Physiatry, commonly referred to as Physical Medicine and Rehabilitation (PM&R) is a specific area of medicine that takes on a comprehensive approach to solving neurological and musculoskeletal problems within the human body using less invasive procedures than surgery. Physiatrists are medical doctors who aim to find the source of pain symptoms their patients have and treat the ailment holistically until the patient has reached his/her optimal functional capability. Physiatrists emphasize the importance of addressing all the intricate parts associated with the illness, disability, or injury in order to restore one back to his/her best possible health.
Comprehensive Plan of Physical Medicine and Rehabilitation
Physiatrists take on a multidisciplinary approach to treating patients that have a broad range of personal injuries and medical ailments. These conditions include:
Chronic Pain Management
Traumatic Brain Injury
Spinal Cord Injury
Amputation
Sports Injuries Accident Injuries
Stroke Musculoskeletal Pain syndromes
Nerve Pain
Neck and Back Pain
Psychological Issues
According to the American Academy of Physical Medicine and Rehabilitation, the complete plan of physiatry may include a large range of medical doctors and medical professionals. To give you an idea of how broad these health professionals are, the following are a few that victims of personal injury accidents are commonly treated with:
Physiologists
Physical Therapists
Chiropractor
Massage Therapist
Occupational Therapists Speech Therapist
Your Health is the Priority of the our Law Firm. There are many personal injury attorneys that promise fast settlements and quick cash into your pocket. However, this is not always wise or best for your interests if you have been injured in an accident. Your health is the number one issue to address when you have sustained injuries. The experienced attorneys at our Law Firm are committed to ensuring that your medical treatment is complete, meaning that you are brought back to the best possible health you can be following a personal injury accident. We will ensure your medical treatment is covered by the at-fault party’s insurance and that you receive a full and just settlement for your damages and suffering. For a Free, NO obligation consultation by one of our experienced Utah personal injury attorneys, please call us toll-free.
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As citizens, we all have an obligation to serve as jurors when summoned. Your summons to appear as a juror may come from a state court or from a federal court. Jurors are chosen by different means in different jurisdictions. Some jurisdictions draw from records of the Department of Motor Vehicles, property owner records, and voting records. Other jurisdictions may draw from only one or two of these things. Lawyers and judges have debated the merits of how jurors should be chosen for many years. Most judges probably think that jurors should be drawn from voting lists and also from property ownership roles because that tends to produce a group of potential jurors that are more involved in the community. People that are simply listed with the Department of Motor Vehicles as being licensed drivers but who are not voters or property owners may be less involved in their community.
The merits of the respective positions on that issue lay in the eyes of the beholder. In any event, if you are called as a juror, you must respond unless you are subject to one of the exemptions that apply in your jurisdiction. Over the last several years, the number of exemptions that have applied has been narrowed in most states. It used to be that the exemptions were so broad that the court frequently was left with the only eligible jurors being housewives. That is not in any way to diminish the ability of housewives to decide the merits of the litigation, but the goal of a jury trial is to provide a trial by one’s peers. That is not accomplished if the jury is limited to a narrow segment of the community.
When you are called as a juror, you will have the opportunity to state any particular problems you may have with serving. In most instances, however, unless the reason you cannot serve is extremely compelling and virtually of an emergency nature, then your excuse for not serving will likely be rejected by the court. Your initial selection for service in a courtroom is a matter of a random draw. A certain number of jurors will be sent to a particular courtroom assigned to a judge who has been assigned a particular case. Once you are sent to that courtroom, you may be asked certain preliminary questions that are designed to determine whether there is something that would automatically disqualify you from jury service. Then the lawyers (or, in some cases, the judge) will have the opportunity to conduct what is called voir dire, a questioning process to determine whether you have any particular bias or interest in the outcome of the case. If you do, you may be dismissed from service for that reason. If a case is going to last for several days, alternate jurors may be chosen. Typically, those alternate jurors will not be identified to the jury members themselves, since the knowledge that you were an alternate may affect the level of attention that you would apply to the case. Once all of the evidence is concluded and the closing arguments have been completed, the alternate jurors may be excused.
One thing that frequently comes up during the course of jury service is whether jurors are allowed to take notes or to ask questions during the proceeding. That is a matter of discretion of the individual judge and can vary dramatically from state to state and from courtroom to courtroom. Some judges allow jurors to take notes; others do not. Some judges allow jurors to ask questions, while others do not. Some judges allow jurors to take notes; others do not. The logic behind the jury system is this: since the parties themselves are not able to resolve the particular dispute that has been brought to the courtroom, the best way to resolve the dispute is to have a group of unbiased citizens hear the evidence (in an objective fashion) and then decide that case fairly, based solely upon the evidence presented to them in the courtroom.
Trial lawyers will tell you that the jury system is the great equalizer. The poorest citizen in this country can sue the mightiest corporation, and when those two parties come before a jury, they are equal. The jury is to treat each party with the same respect and attention. The proponents of tort reform maintain that the jury system is a system that has gone awry. They maintain that jurors frequently award outlandish sums for ridiculous cases. Although it is not unheard of that juries do sometimes run away, that is very much the exception. Even if the jury does do something that is contrary to the evidence and the law as given to them, the trial judge always has the authority to correct that by reversing the jury verdict in a criminal case if the defendant was wrongfully convicted or in a civil case by reducing the amount of the verdict if it is too high.
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Why do I need a lawyer?
With the help of an experienced motorcycle accident lawyer, you can greatly increase your chances of receiving compensation for your injuries and losses resulting from your accident. At our Law Office, the legal team has the experience that you are looking for along with an aggressive attitude toward your case. Your lawyer should fight for your rights and advocate your best interests.
What should I do if I was injured in a motorcycle crash?
As soon as you have received the proper medical attention, it is very important that you speak with a lawyer who can help you. If you believe that you were not at fault in the accident and you were severely injured, you could be entitled to compensation. If you have any questions about whether you have a lawsuit, please contact our Law Office. Our attorneys are very familiar with motorcycle accident cases and they will be able to give you the answers you need.
What if my family member was killed in a motorcycle accident that was not his or her fault?
Though nothing could ever compensate you for the death of a family member, filing a wrongful death suit could be an option. Not only could you be monetarily compensated for any expenses resulting from your loved one’s death, but you could also recover damages for non-financial losses such as loss of companionship, suffering, and emotional trauma.
What can I be compensated for if my case is successful?
You could recover compensation for any and all financial hardships brought upon by the injury. Non-financial losses can be recovered as well. For example, you could be entitled to receive monetary compensation for your emotional suffering, loss of consortium, loss of companionship, loss of enjoyment of life, pain and mental suffering. Our associates will work tirelessly with the ultimate goal of getting you the maximum amount of compensation.
What if the person who hit me was driving drunk?
Not only is drunk driving illegal, but it is also extremely dangerous. If you were seriously injured due to a drunk driver, you could recover compensation for your injuries. It is crucial that you speak with a lawyer who is familiar with motorcycle accident law in Texas. You can get the help you need at our Law Office.
What areas can your Law Office help me with?
Our legal team can offer you legal support and information in many areas of motorcycle accident law. Contact our Motorcycle Crash Lawyers if you have been injured in a motorbike collision in Florida. If you have been injured in a motorcycle accident, you are wise to consider hiring a personal injury lawyer after you were involved in the accident. However, first things first, you need to seek medical attention for your injuries. Hopefully, you were taken by ambulance from the scene of the accident to a local hospital’s emergency room. Do not be concerned about any of the medical bills. The at-fault driver’s auto insurance company should pay for all of your medical bills, your emergency room bill, doctors bill, and ambulance bill. You also deserve compensation for any lost wages as well as compensation for pain and suffering resulting from the car accident. Additionally, if you are still in pain, discomfort, or suffering from soreness or stiffness, get subsequent medical treatment through doctors you know. You may need an MRI of a part of your body, such as your neck, back, leg, or arm that will be done at no cost to you either. Take care of yourself first and get on a medical treatment plan while you search for a personal injury lawyer after your accident.
When searching for a personal injury lawyer who is right for you, contact as many local personal injury lawyers as you wish and go with the one with which you are most comfortable. Ask any question that comes to mind. As a personal injury client, after suffering the traumatic event of being injured in an auto accident, you should feel comfortable enough with your personal injury lawyer to ask anything. Look over each personal injury lawyer’s website. Watch informational videos by personal injury lawyers which will help you get to know that personal injury lawyer’s demeanor, character, approach as well as other important traits you may be looking for in the personal injury lawyer you want to hire. Some good traits to look for in a personal injury lawyer are honesty, compassion, caring, feisty, focus, diligence, and invigoration by working on personal injury cases. Obviously, that is not an exhaustive list of positive traits to look for when searching to hire a personal injury lawyer to handle your personal injury case.
Also, important to mention, personal injury lawyers are compensated on a contingency fee, which means you do not pay the personal injury lawyer an hourly rate or retainer fee to work on your case. The personal injury lawyer only receives payment from the opposing insurance company if there is a settlement offer that is acceptable to you or a jury verdict after a trial. Keep in mind during your search for a personal injury lawyer that you are too important to just be considered a number, you are too important to be treated as just another client and your personal injury claim should be so important to you that you diligently pursue the personal injury lawyer you believe is right for you, who will fight to get the compensation you deserve.
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