Is It Worth Getting an Accident Lawyer?

It can be the most tempting thing, to simply go ahead and follow through with the easiest solution to a devastating problem. Accidents, for example, are some of the worst things that a person can live through. They are often unprecedented, undeserved, and unprepared for—and this leads to stress as well as hyperemotional distress.

If you are injured in an accident and you are evidently innocent by all accounts, you might be approached by the wrongful party’s insurance company or legal representation and offered a quick settlement of money, just to get it all over and done with. This can be the tempting as you may then start to ask yourself if getting an accident lawyer is even worth all the extra effort.

Should you ever find yourself in a situation where that is the case, it may be to your advantage to know who benefits from an early, uninformed settlement. For example, the sum offered to you may seem substantial enough to handle the immediate and exorbitant medical expenses but there are other costs that may not be considered at the heart of the thing. There are things like the loss of wages cost as well as the potential emotional trauma that an accident can cause. Post-traumatic Stress Disorder (PTSD) and other illnesses of its kind can be just as debilitating as physical injuries and these may take some time before they are noticeable.

It is advisable not to make quick decisions regarding legal matters without consulting with, say, reputable Tennessee accident lawyers. Not only will professionals in this field have better insight into what you might be truly owed in this situation but experienced people in this line of work have connections to a network of people who may be of help for a situation like this, such as experts who can further validate your case or people who could help you recover from an accident.

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Warning Not Enough to Avoid Liability?

Pharmaceutical companies have frequently been harangued in the past for their “failure to warn” about the risks involved in using their products even if they knew or should have known that the risk was there. The Food and Drug Administration (FDA) have required these companies to modify their warning labels to reflect these risks, which have provided a “cut off” for patients who may have suffered personal injury for using the product. After all, they’ve been warned.

That may no longer be enough for these drug companies to avoid liability.

A recent ruling by the Pennsylvania Supreme Court for dangerous drug products effectively elevated the liability threshold for drug companies regarding products that carry too high a risk of harm to be ever marketed in the first place. In other words, if a drug is deemed too dangerous, the drug company is liable for any harm that happens to its users even if the company clearly warned patients and doctors about the associated risks.

A Xarelto lawsuit is often associated with serious and uncontrollable bleeding that poses a risk to the health and life of the patient. Xarelto (rivaroxaban) is an anticoagulant of the class direct factor Xa (10-a) inhibitors or xabans, and like all blood thinners pose a risk of bleeding for its users. However, because Xarelto has no known reversal agent, its introduction into the market despite this lack may be interpreted by the courts as negligence based on the recent Pennsylvania ruling.

That is probably what Kentucky resident Virginia Stuntebeck was counting on when she filed a Xarelto lawsuit in Pennsylvania state court, naming Xarelto US distributor Janssen Ortho LLC and manufacturer Bayer Corp among others as defendants. Janssen had been served first, and the company succeeded in petitioning for a transfer of the case to federal court. However, the federal court promptly returned the case to Pennsylvania state court because Bayer is based in that state.

When and if the case finally makes it to trial, it is probable that there will be many more that had been filed in the meantime, which may mean that Janssen and Bayer may be in the bag for their dangerous drug. The payouts and settlements will probably be for hefty sums, but considering that Janssen has posted more than $800 million in sales in the US alone for 2013, they can probably afford it.

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Innovation and Skepticism

In the face of technological innovation, medical professionals must navigate a rapidly-changing environment regarding patient care. Doctors and surgeons have many treatment options at their disposal. In 2000, the first robotic surgical system, the da Vinci robot, was manufactured by Intuitive Surgical. This technological advancement provided doctors with yet another method with which to treat their patients.

Many doctors enjoy using the da Vinci robot because it allows them to perform with ease and precision while saving their energy. However, some doctors are more critical of the robot-assisted surgeries, preferring to perform traditional laparoscopic surgeries. According to the National Injury Law Center, critics of robot-assisted surgeries claim that the robot can’t detect and navigate the patients’ tissue with as much clarity and discernment as the surgeon alone. Doctors and surgeons have long since been accepting of medical and technological innovation as they prescribe patients pharmaceuticals and send digestive-tracking cameras through intestines. However, many doctors and researchers are concerned that reports about robot-assisted surgeries render the technology too risky to use on patients.

Though the vast majority of robot-assisted surgeries are performed successfully, critics argue that traditional surgeries can be performed just as successfully and with fewer margins for patient risk. Typically, researchers will find useful trends within medical reports, but researchers are having a difficult time drawing conclusions from robot-assisted surgery injury reports. In an interview with the New York Times, Doctor Martin Makary explained “we have this haphazard smattering of reports that relies on voluntary self-reporting with no oversight, no enforcement and no consequences.” This lack of methodical reporting isn’t useful in helping Intuitive Surgical refine the da Vinci robotic system, nor is it effective in helping surgeons know how to better treat their patients.

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Illegal Drag Racing

Reckless driving is the leading causes of car accidents, accounting to more than one-third of the accidents that happened on the road. It is considered as a misdemeanor offence, and penalties for this type of offence may depend on the specifics of the offence and the law of the state that the offence has been committed. To be considered as reckless driving, the driver must have demonstrated an obvious disregard to the safety of property, animals and other people.

There are a number of activities that can account as reckless driving. In highways and speedways, one of the most dangerous things that can cause car accidents is drag racing. Drag racing is a competition between two cars from a designated point to the finish line. What makes the highways a good venue for these dangerous races is because most highways provide a straight line to race on, and usually competitors go for a quarter mile track. Most people engage in drag racing for different reasons such as fame, thrills, and coolness. Media also influence people to participate and view drag racing as a sport.

Speeding is one of the top concerns of drag-racing. Because you want to beat the other person to the finish line you tend to push the vehicle to its top speed, which can be dangerous particularly when there are other vehicles on the road as well. At top speed, a driver will have a harder time controlling the vehicle, given a smaller time to react, and increase the chances of severe injuries because of the impact. According to Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., serious injuries and even loss of life can occur when speeding accidents occur on a busy highway.

The penalties for drag racing on the highways, being a Class 1 misdemeanor, range from zero to six months in jail, fines of up to US$ 2, 500, possible driver’s license suspension, and even community service. Repeat offenders can even have more penalties. Every year, 3 million people get hurt in car accidents, and these injuries do not only involve physical injuries. Loss of employment, mental trauma, and even possible life-changing injuries can occur, therefore being a responsible motorist not only calls for responsible driving, but also reporting those who are negligent drivers.

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Injuries to Children Due to Hazardous Property

Premises liability accounts for both the land owner and the residents being liable for any accidents or injuries that happen in the property. It may depend on the laws and procedures of each State how and who is liable for the injury that occurred. Several personal injuries can happen due to a premises liability; nevertheless if they are caused by negligent acts of others then the victim has the right for compensation.

According to the car accident lawyers at Habush Habush & Rottier S.C. ®, many premises liability cases involve injuries related to slip and falls, dangerous chemicals in the environment, escalators, elevators, and building collapses. These kinds of things should not be persistent dangers on a property. Premises liability laws exist to protect people from these conditions, creating a minimum standard for building conditions in the U.S.

It is important to know the different laws or procedures pertaining to premises liability. There are States that follow the status of the injured visitor when determining liability, while other States depend on the property’s condition and the activities of both the land owner and the visitor. Also, it is vital to understand that an occupier of the land (namely an apartment tenant) is also considered as a landowner in certain situations or circumstances.

When it comes to injuries to children due to premises liability, it is the landowner’s responsibility to give warning to children, and especially if the land owner knows (or should know) they are more or less to enter the premises and that the premises present a potential hazardous condition that can likely cause personal injury to anyone. It is necessary to prove that the land owner have neglected their duty to maintain the safety of their property, or that they have failed to uphold their obligation to practice reasonable care to eliminate the danger or alternatively protect the children.

Children are especially vulnerable to heavy metal toxicity, a problem that can arise when there is an abundance of lead or other toxic metals on a property, such as where a child goes to school or lives. Toxicity can make a child very sick and can even be fatal.

A parent can file for personal injury lawsuit in behalf of their children who have suffered from an injury due to land owners failing to properly protect them from dangerous areas on a piece of property. Injuries to children, especially young ones, can leave long-term effects on their physical and mental health. It is necessary to fight for the rights and welfare of children who have endured physical and emotional pain due to the negligent actions of other people.

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Reasons No One Should Speed

Driving can be a frustrating activity—it requires constant concentration on the road and compliance with all posted regulations and traffic laws. For drivers on an extended road trip, specifically those on a sparsely populated road, following the speed limit can feel like an unnecessary caution that adds hours of travel. However, most drivers don’t realize just how dangerous speeding truly is—according to the website of Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., more than 30 percent of all automobile accidents in the United States occur when motorists exceed the posted speed limit of the road they are driving on.

According to a recent British study, an increase of 1 kilometer per hour in driving speed led to a 3 percent increase in accident rates. The reasons for the correlation are clear—the faster a motorist is driving, the less time they have to react to road hazards or other drivers. The same study also recorded a significantly higher risk of injury for the speeding driver compared to the driver who was traveling at a safe speed, which the authors attributed to reduced time to react and brake.

In addition to reducing a driver’s ability to react, speeding also increases the severity of accidents. A 2006 study conducted in Indiana found that “increases in speed significantly increase the likelihood that an accident would result in an injury or fatality” and showed that a 1 percent increase in posted speed limits led to a 2.77 percent jump in automobile fatalities.

Speeding not only wastes gas, but it contributes to countless automobile accidents. It is up to drivers to obey posted speed limits and reduce the risk of speeding-related accidents—take the time to follow regulations and prevent tragic speeding accidents.

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