Bicycle Accidents

Posted by on Mar 11, 2016 in Bicycle Accidents, Injury | 0 comments

A car-bicycle accident in St. Augustine, Florida that occurred on Wednesday, February 17 resulted in one teenager getting hurt. The victim was identified as 17-year-old Shawn McCook.

McCook said that fortunately, he didn’t suffer from major injuries in the accident and “didn’t break or fracture anything luckily, but [his] foot is still swollen” and that he is finding it difficult to perform some motor functions.

According to Florida’s Integrated Report Exchange System, five people had been killed in bicycle accidents in 2015.

Attorneys at Schuler, Halvorson, Weisser, Zoeller, & Overbeck, P.A. say that nowadays, if you are a bicyclist, following the laws like putting on a helmet while you ride your bicycle or keeping strictly to bike lanes when you are traversing national highways will not be enough to spare you the hurts of getting involved in an accident, especially since you are sharing the road with other motorists who might not be as law-abiding as you.

For instance, the law tells bicyclists to ride as far right as they can; however, this will not help your visibility to other motorists who are pulling out of driveways when someone exiting a parked car opened their door right in front of you, or motorists coming from behind you followed you too closely because you did not afford them the opportunity to change lanes.

The most common way for a bicyclist by a vehicle is when the vehicle is pulling out of a side street, a driveway on the right, or a parking lot, either when the bicyclist is in front of the vehicle and the vehicle hits him, or the vehicle is directly in front of the bicyclist and the bicyclist is forced into a situation wherein he has no choice but to slam into the vehicle directly ahead of him.

Lone way for other vehicles to notice you while you’re riding a bicycle is for you to ride with lights on – on your helmet, your bike parts, or even your clothing (via neon-colored clothes). When you ride at night, it is essential that you get a front headlight for your bicycle. Even during the day, a blinking white light can help make you more visible to motorists who otherwise might have made the mistake of right crossing you.

Read More

Misdiagnosing the Signs of Stroke, a Most Probable Cause of Disability or Wrongful Death

Posted by on Oct 21, 2015 in Medical Dangers | 0 comments

The results of a study that was conducted in 2009, which monitored diagnosis of stroke cases in young adults, showed incidences of misdiagnosis by emergency department medical teams. Of the 57 stroke patients, aged 16 to 50, rushed to emergency rooms, eight were incorrectly diagnosed with a range of conditions that included migraine headache, inner ear disorder, vertigo, seizure, and even alcohol intoxication. Of course they were a few hours later correctly diagnosed with a stroke, but only after having been sent home and later rushed back to the hospital, but with their condition only having gotten worse.

According to the American Stroke Association, the annual number of stroke cases in the US is around half a million; about 200,000 of these attacks have disabling effects, while one third is fatal. Stroke is ranked as the third cause of death and the number one cause of disability in the US. Its typical victims are aged 55 or older; thus, those under 45 years old who are rushed to hospitals seldom get the correct diagnosis despite its revealing symptoms, which include sudden weakness or numbness in the face, arms or legs, loss of balance or coordination, dizziness, difficulty speaking, difficulty seeing either from one or both eyes, and severe headache.

A stroke, also called Cerebral Vascular Accident (CVA), is a result of the cessation of blood flow to areas of the brain. One of its known causes is blood clot in the blood vessels due to cholesterol plaque. Some patients experience a warning or mini stroke, known as Transient Ischemic Attack (TIA), before having a
major or large one; TIA usually lasts for 20 minutes since the flow of blood resumes after an attack.

Immediately recognizing the signs of stroke can prevent the onset of its effects, which include nerve damage, permanent brain damage or, worst, patient death. Thus far, the only government-approved drug treatment for this debilitating or deadly attack is the tissue plasminogen activator, or tPA, which is a clot-busting drug; however, it should be taken by the patient within three hours after symptoms start.

A stroke can permanently alter a person’s (and his/her family’s) life; this is why it’s getting diagnosed early is very critical. Sadly, however, so many individuals are never saved from its disabling or fatal effect due to a doctor’s or healthcare provider’s failure to correctly interpret its symptoms, turning a supposedly preventable attack into a painful experience that can result to disability or wrongful death.

There are various reasons given, explaining why doctors, sometimes, fail to make the correct diagnosis, like failing to pay attention to a patient while describing his/her medical condition, not spending enough time with one patient (to understand more his/her health complaints) due to the large number of other patients needing consultation, failure to require a patient to undergo necessary tests, ignoring warning signs or revealing symptoms, and a simple error in judgment.

A medical malpractice lawyer will likely explain that incorrect diagnosis or misdiagnosis resulting to stroke which, in turn, leads to a patient’s disability or untimely/wrongful death is just one of the many medical errors committed by doctors and other healthcare providers. Any lawyer would also agree that doctors who fail to provide their patients with the standard quality of care expected of them do not only violate their oath to preserve and care for human life but also violate the trust that patients give them. Thus, under the law, patients who suffer preventable harm or injuries due to doctors’ mistakes have the legal right to pursue legal action in order to bring erring doctors to justice as well as to seek compensation for whatever damages they are, and will be, made to suffer.

Read More

The Tragedy of Hit and Run Accidents

Posted by on Jun 8, 2015 in Injury | 0 comments

A disturbing problem that occurs too frequently in roads across America is the growing persistence of hit and run accidents. According to data from the National Highway Traffic Safety Administration or NHTSA, the occurrence of car accidents where the driver at fault flees the scene of the crash has been on the rise in recent years. In particular, the NHTSA points out that there were 1,449 hit and run fatalities in the year 2011. This is a 4.02 percent increase from the 1,393 fatalities recorded in 2010. In the same light, the non-profit AAA Foundation for Traffic Safety estimates that around 1,500 individuals die in hit and run accidents annually.

These alarming numbers show that hit and run accidents is an issue that needs to be addressed immediately. Even when victims are fortunate enough to survive their devastating situations, they are still left to handle the many long-term consequences associated with most car accidents. Aside from the possibility of severe and debilitating injuries, these victims will also have to suffer through the emotional trauma brought about by their accident. On top of that, they will also have to deal with financial concerns brought about by medical and therapy expenses, as well as lost income opportunities.

Personal injury lawyers in TN are well aware that anyone involved in a car accident is left susceptible to many devastating outcomes. However, victims of hit and run accidents are particularly vulnerable because they are left to face the aftermath of the crash alone. Without any witnesses to the crash, it might take a while for hit and run victims to receive the medical attention they need. This may mean the difference between life and death in major accidents. It is also much harder to hold hit and run offenders accountable for their actions. Without any identifying details, it might take some time before the police can make formal criminal charges. In turn, the victims and their families will also have to wait before they can pursue justice against the driver at fault.

Victims of hit and run accidents should be able to receive the closure they deserve after enduring such a tragic incident.

Read More

How PCBs Devastated the Environment

Posted by on May 1, 2015 in Contamination, Injury, Water | 0 comments

Polychlorinated biphenyls or PCBs were widely used for a variety of industrial and commercial applications during the 1920s until the late 1970s. These chemical compounds solely manufactured by Monsanto were primarily used as coolants and insulators for electrical equipment. They were also used as ingredients in several commercial products and construction materials. PCBs were believed to be highly beneficial until reports of safety concerns and environmental issues came to light. In 1979, the United States federal government imposed a ban on PCBs to ensure that the destruction it caused to the environment can be properly mitigated.

PCBs were solely manufactured in the U.S. by Monsanto. The chemical industry giant produced PCBs in a factory in Anniston, Alabama and used its water sources as a dumping ground for chemical waste. While it was largely believed that PCBs were safe and had little impact on the environment, there were several documents that showed that Monsanto was long aware of the negative effects caused by their product. Despite research results from independent studies commissioned by the company, Monsanto continued their operations until public pressure caused to cease PCB production two years before the government’s ban. According to The Washington Post, one study from 1966 examined how fish reacted to the contaminated waters of Snow Creek. The researchers found that “all 25 fish lost equilibrium and turned on their sides in 10 seconds and all were dead in 3 1/2 minutes” and concluded that creek has been made “extremely toxic” by the wasted dumped there by Monsanto.

The scientific community continued its examination of the devastating environmental effects of PCBs after the federal ban. The results are all conclusive, showing that the widely used chemical substance is highly toxic and dangerous. The Agency for Toxic Substances and Disease Registry summarizes these findings by saying that PCBs are particularly harmful due to the fact that it doesn’t break down easily and can continue to exist in the environment for a long time. It can also easily spread by affecting the wildlife living in affected areas. Smaller animals contaminated with PCB risk contaminating the predators that hunt them for food. As a result, PCBs tend to spread through the food chain and accumulate at very high levels.

For more information about PCBs and the pollution in the Anniston area, visit the following link:

Read More

Medical Dangers abound for Young and Old Alike

Posted by on Mar 17, 2015 in Medical Dangers | 0 comments

People tend to trust doctors and pharmaceutical companies, and sometimes this trust is misplaced. The incompetence or carelessness of medical practitioners can result in harm to a child. According to the website of The Driscoll Firm, children born with birth defects often face significant challenges their entire lives. The tragedy is that it was preventable if the responsible parties had observed proper standards of care.

The same could be said for drug manufacturers. Prescription medications are often associated with side effects that can be dangerous to the patients or, in the case of pregnant women, to their offspring. This is why the Food and Drug Administration (FDA) require drug companies to inform the public and the medical community about possible risks, no matter how remote, that a product may pose to patients. The failure to adequately warn can make them liable for the consequences. A good example of this is Benicar (olmesartan medoxomil).

Benicar is an antihypertensive drug developed by Daiichi Sankyo, a Japanese pharmaceutical company. Forest Labs started promoting it aggressively in the US in 2002 as a safe and efficacious effective drug. However, a Mayo Clinic Proceedings report published in 2012 strongly indicated that Benicar could be causing a condition called sprue-like (mimicking the symptoms of celiac sprue, or celiac disease) enteropathy in patients. True celiac sprue sufferers could manage the disorder by avoiding gluten in food, but not those suffering from sprue-like enteropathy. The condition of patients, with an average age of 69, that stopped taking Benicar improved, but some had suffered permanent damage.

Because Daiichi Sankyo and Forest Labs neglected to warn doctors and patients about this side effect, Benicar lawsuit lawyers filed the first cases in February 2014. New cases are being filed all the time, the latest of which was filed in California on behalf of two male patients who developed sprue-like enteropathy.

If you suffered preventable injuries caused by medical dangers due to the negligence or carelessness of a third party, you have a right to compensation. Contact the appropriate personal injury lawyer in your state to assess your case.

Read More

Better Pay on Time or Pay More

Posted by on Mar 14, 2015 in Prompt Pay Laws | 0 comments

Insurance agencies are notorious for delaying payment for legitimate claims and by and large they get away with it with a smile and a shrug. However, when there is a delay in paying doctors, other medical practitioners, and pharmacies, this becomes a serious issue because this demotivates them from rendering services to those who are covered by public or private health insurance. As a result, the federal government implemented the Prompt Payment rule that requires federal agencies to pay their vendors on time, or they will be required to pay interest under the Contract Disputes Act.

States are also addressing this problem in various ways, particularly focusing on private health insurance companies. The website of the Texas prompt pay lawyers at Williams Kherkher discusses the Texas Prompt Pay Act in some detail.

In essence, the law is dealing with the issue of the delivery of needed medical care. The fewer medical professionals that provide a service to insured individuals means that there is a shortage in needed medical care. Doctors, medical professionals, and pharmacies all have expenses to pay, just like any business, and when payments are delayed, they incur costs that would otherwise be avoided. Collecting becomes such a major nuisance that they would much rather not get into it in the first place. They decline to accommodate health insurance policyholders in their practice, preferring patients who pay out-of-pocket.

Any medical service provider or pharmacy that experiences unreasonable delay in payments due to them is protected under Texas law. If you are in this position, you don’t have to tolerate these bad faith practices of insurance companies. Get in touch with an experienced prompt pay lawyer in Texas to file a case against the insurance company for withholding your just compensation. You should get what is due to you plus any damages caused by the delay in payment.

Read More

Hit and Run Accidents Harm Everyone Involved

Posted by on Mar 10, 2015 in Injury | 0 comments

A late-night bicyclist was hit by what witnesses say was a red two-door car in Nashville at approximately 10:20 pm on February 24, 2015. The bicyclist was thrown into a nearby front yard but the red sedan was nowhere to be found. There is no word as to the identity or condition of the bicyclist.

Such hit-and-run accidents are unfortunately quite common, especially when they happen late at night or early morning when reflexes are slower there are fewer witnesses. A Nashville personal injury lawyer may have many cases involving the personal injury to early-morning joggers, dog walkers, or pedestrians crossing the road. According to the website of Pohl & Berk, LLP, the number of hit-and-run accidents has been on the rise over the last decade, with some estimates putting it as high as 15%.

The fact that the drivers left the scene of the crime means they are facing criminal charges when they are found, and possibly long incarceration depending on the extent of the harm. When there are witnesses to the incident, or the victim survives to tell the tale, the police have a better chance of finding and apprehending the one responsible. After that, all that remains is to see that justice is carried out.

However, criminal prosecution will not pay for the medical expenses of and other financial consequences to their victims. In most cases, the victim can file a civil lawsuit against the driver for these damages even as criminal prosecution is ongoing. Even if the defendant is acquitted in criminal court, he or she may still be held liable in civil court, where it is easier to get a verdict for the plaintiff.
If you have been seriously injured in a hit-and-run accident, you should be ready to assert your claim in civil court as soon as the responsible party is caught. Consult with a personal injury lawyer in your area for more information.

Read More

Immigrants and Discrimination in Employment

Posted by on Mar 8, 2015 in Discrimination | 0 comments

Many foreigners continue to believe that the US is the land of opportunity, where anyone can make it big. This has fueled their determination to immigrate into the US so that they too can make it big. Unfortunately, it is not at all easy to immigrate into the US, and even if you get there, there are still many challenges to face.

According to the Law Office of William Jang, PLLC website, the first step to immigrating to the US is to obtain a Permanent Resident Card (USCIS Form I-551), otherwise known as a “green card.” It is called that because it was green until 1964, and it proves that the holder is a lawful permanent resident (LPR) with the attendant benefits such as the right to live and work in the US. However, unless you are an executive transfer or a very special worker, it will not be easy to get a green card without the help of a competent immigration lawyer.

Once you succeed in getting a green card, you will still have to deal with discrimination in employment. As pointed out on the website of The Melton Law Firm, any kind of discrimination in the workplace should not be tolerated. Immigrants, however, are especially vulnerable to this because they may not be aware of their rights.

The US is made up of many 2nd and 3rd generation immigrants, but that does not make it easier for newcomers to fit in. In order to protect the rights of LPRs as well as temporary residents, refugees, and asylees, Congress has enacted the Immigration and Nationality Act (INA) to ensure their equal treatment in terms of recruitment, promotion, compensation, and termination. In other words, employers are prohibited from rejecting applicants because of their nation of origin.

If you are having immigration and employment problems, you should contact the appropriate lawyer to help you out. An immigration attorney can help you through the immigration process, while an employment lawyer would be appropriate if you feel discriminated as an immigrant worker.

Read More

Why you need A Water Filtration and Softening System in your Home

Posted by on Mar 4, 2015 in Water | 0 comments

The water in Texas is hard. According to the American Water website, this means that it contains a significant amount of dissolved minerals such as magnesium, copper, even iron. It usually does not matter if it the water supply is from a deep well or the city reservoir; the water is basically the same anywhere in areas like Texas. Most people don’t realize that their water is hard, or what harm it can do to the home.

Hard water does not pose a danger to human health unless the ground water has been contaminated or there is a leak in the pipes that lets in harmful pathogens. However, it does lead to some problems at home such as cleansers that do not foam or appliances that use water that easily break down. Signs of hard water include water spots in glassware, yellowish stains on clothes, unsightly rings around drains and toilets, dry hair and skin, and clogged drains.

The yellow tinge on clothes and stains on water fixtures and sink are due to the dissolved manganese or iron in the water. They can be well nigh impossible to remove without expensive and probably toxic chemicals.

Clogged pipes and dry skin and hair can be attributed t the accumulation of these minerals to form a scale. In water pipes in the home or appliances, they are a yellowish-white deposit that can be hard as rock and can only be removed effectively by replacing the pipes, often by hiring a professional.

People who have lived in Austin all their lives accept these things as a fact of life, but in fact they can do something about it. Water filtration and softening systems are designed specifically to minimize these effects in homes. It requires some investment to purchase and install these systems but they will pay for themselves in the long run.

Read More

How Criminal Charges Can Affect Your Child Custody and Visitation Rights

Posted by on Mar 2, 2015 in Criminal Charges, Family | 0 comments

It is not really surprising that criminal charges can affect your child custody and visitation rights. After all, it is in the child’s best interest to be protected from criminal elements. However, not all criminal charges are considered prejudicial to a parent’s right to custody and visitation rights. Non-violent crimes, for example, do not constitute a bar to having custody of a child, unless it results in a conviction that mandates jail time. Domestic violence is another matter.

Some states have laws that provide guidance to a divorce court judge pertaining to domestic violence. A Manhattan Beach child custody lawyer will know very well that a judge will take such factors seriously. In fact, a court judge is compelled to adhere to special rules in child custody decisions when a parent was convicted of domestic violence against the other parent in the previous 5 years; or a court decides that domestic violence happened against the other parent or child. In such cases, the judge is typically barred from awarding physical custody to the parent convicted of domestic violence with some state-specific exceptions, but not from granting visitation rights. It will all depend on the circumstances.

Child custody and visitation rights are usually a bitter issue between parents, and some go through great lengths to make sure they come out ahead. There have been cases when one parent falsely accused the other parent of domestic abuse or violence in order to sway custodial decision. As pointed out on the website of Kyle Sampson, Attorney at Law, even the most minor incident can be blown out of proportion. This can lead not only to loss of parental rights but also damage to the reputation of the accused. It is important for the defendant to challenge such accusations with the help of an experienced criminal defense lawyer.

Divorce is always a complicated civil matter, and it is made more complicated when there are criminal charges involved. Contact the appropriate lawyers to handle these matters in as smooth and painless a way as possible.

Read More