Personal Injury: Types and Cases

Have you been personally injured? Personal injury law is very broad, encompassing many different situations and cases. Unfortunately, some people may have been personally injured and not even realize that they are eligible to receive financial compensation to help with the costs associated with their injury. After an injury or accident, many people might simply accept the fault as their own, even if that isn’t the case. To help prevent this, we will explore some of the many types of personal injury cases represented by the Spiros Law firm. This list is not comprehensive and some personal injuries might not be covered here. To be certain, you should contact a lawyer with any questions.

Medical Malpractice

Medical malpractice refers to any behavior by a medical professional that is unreasonable or contrary to common practice which results in either intentional or unintentional harm to a patient. This can include misdiagnosis, delayed diagnosis, unnecessary surgeries or medications, etc. Medical malpractice can be considered personal injury – if you believe you have a case, contact an attorney for more information.

Car Accidents

Personal injuries from car accidents may not be your fault. If another driver caused your accident, or if you were a passenger in a car and sustained an injury due to the recklessness or negligence of the driver, you may be eligible to receive financial compensation to help cover the costs of your injury.

Defective Drugs & Devices

Drug/medical device manufacturing companies have a responsibility to discontinue defective products and report any problems for the health of its customers. In some cases, companies and/or doctors knowingly distribute poorly made or dangerous drugs and medical devices. This can have serious and devastating results on patients’ health.

Trucking Accidents

Trucking accidents can be catastrophic and induced by many different things including reckless driving, companies over working drivers, overloading trucks, etc. If you were involved in a trucking accident and sustained an injury, you should contact an attorney to determine if you are eligible for financial compensation.

Nursing Home Abuse

Personal injury, unfortunately, even extends into nursing homes. Some people are physically, emotionally, and even financially abused in nursing homes. Injuries can come from beatings, berating, bullying, theft, neglect, etc. If you or someone you love has fallen victim to any injuries sustained in a nursing home, you might have a case for personal injury.

Product Liability

Product liability is similar to defective drugs/devices. Product manufacturers are liable to their customers and shouldn’t sell any products that might have adverse health effects. In certain cases, if companies fail to enact product recalls or if the product design was knowingly faulty, manufacturers can be held financially responsible for any damages that are caused.

Premises Liability

Premises Liability is a complicated type of law. It covers personal injuries that are sustained while on another’s property. These injuries can be caused by slips, falls, dangerous buildings, chemical poisoning, etc. If you were harmed on another’s property, you might have a case for personal injury.

What is Wrongful Termination?

Employees can be fired for almost any reason, because employment is usually “at will.” But the key word there is almost, because there are certain reasons that are just not acceptable. If an employee has been fired because of an unacceptable reason, it can be said that he has been a victim of wrongful termination.

The website of the Leichter Law Firm mentions that those who have been wrongfully terminated may have legal options, but they should seek legal help immediately, because most of the time, there is only a specified period in which they can take their case to court.

But how can wrongful termination occur? Below are some of the most common ways.

Breach of Contract or Policy

If a person has been terminated in a way that violates the contract he has signed with the employer, he may have a wrongful termination case in front of him. The same can be said for an employee who has been terminated in a way that violates the employment policies of the employer.

Discrimination

One of the most controversial aspects of employment is discrimination. An employee can be said to be wrongfully terminated if he has been fired directly because of his inherent features, such as age, ethnicity, race, and sex, or personal preferences, such as gender and religion. It can also be argued that those who have been fired because of pregnancy have been wrongfully terminated.

Malicious Termination

There are also instances wherein employers act maliciously for their own benefit, often resulting into the detriment of the employees. For example, if an employer fabricates reasons to terminate you so it can replace you with someone who is willing to accept less pay, you may be a victim of wrongful termination.

Retaliation

Retaliation is mostly about abuse of power, wherein the employer terminates an employee who is starting to become a legal threat to the organization, such as those who expose their employers’ illegal activities and those who file workers’ compensation claims.

Swimming Pool Defects and Their Dangers

Swimming pools are popular recreational areas, especially during the summer. For this reason, many people are also vulnerable to accidents and injuries. Many of the swimming pool accidents that occur are caused by defects on the swimming pool itself.
According to the website of Habush Habush & Rottier S.C. ®, pool owners or managers may be legally responsible for the damages and may be required to compensate you for the medical expenses related to the injury, lost wages, pain and suffering, and other accident-related expenses.

Common Defects
Defects may involve the swimming pool itself or the equipment or service that complement it. For the swimming pool itself, the defects may involve the drains, pumps, and pool filters, putting swimmers in danger of suction entrapment, drowning, and explosion and shrapnel injuries.

Defective equipment may include diving boards, ladders, and slides. Even slippery swimming pool edges and the lack of barriers can be considered defects. Slippery edges can cause slip and fall accidents, and the victims may sustain injuries in the head, neck, back, arms, legs, or hips. The lack of barriers make the pool too accessible for children and the elderly, putting them at risk of falling and drowning.

Service problems around pool areas include inadequate security, lack of supervision for the physically limited, such as the children and elderly, and the lack of available safety equipment and warning signs.

Common Injuries
Drowning is the most common issue associated with swimming pool accidents, but it is important to note that not all swimming pool accidents involve drowning. Swimmers may also be vulnerable to injuries to the head, neck, shoulders, and back, because of slip and fall accidents and unsafe diving practices. Muscle and joint issues, such as sprains, can also be sustained because of slippery substances on the edge of the pool or on the floor of the pool itself.

Some injuries are also not that animated, such as those that involve chlorine, other disinfectants, and water-born bacteria. This may cause irritation to the eyes, skin, and on the worst instances, to the lungs.

Surgical Error – Often a Consequence of Negligence

Many medical facilities owners, like owners of hospitals or clinics, believe that keeping a roster of good doctors, specialist and highly-qualified nurses, continuous technological development that will lead to service upgrade, and making sure that patients are diagnosed correctly and given timely treatment, are the best means to display commitment in the provision of quality patient care.

This is not the case in many other medical institutions or facilities, however, as can be proven by the fact that these institutions have, time and again, been said to be having bad doctors or that these are just poorly managed due of the frequency of medical mistakes which result to injuries and patient death. Due to the lack of authentic concern to patients and the errors made in patient care, many hospitals, doctors, and other medical professionals, have been the addressees of many legal claims for damages.

Medical malpractice, which refers to acts of negligence by a health care professional or provider that result to i sub-standard treatment which, in turn, results to injury or death to a patient is one frightening reality in the United States that occurs much frequently than any one may realize. It can be maddening to know that this malpractice if nothing more than a consequence of negligence or carelessness of medical experts – a grave failure to provide the quality care that they promised to give and which patients rightly deserve. In 2010 alone, the Office of Inspector General for Health and Human Services made a report regarding the death of about 180,000 Medicare patients; this is a small figure, though, according to a study that the Journal of Patient Safety printed, wherein figures ranged between 210,000 and 440,000.

One particular example of medical malpractice, which continues to cause great harm to patients is surgical error. Errors committed in the surgical room includes surgery performed on a wrong patient, incorrect surgical procedure, surgery on the wrong site, incorrect dosage of anesthesia, improper suturing, mishandling of surgical instruments, foreign objects inside body cavity, and post-surgical complications.

West Palm Beach personal injury attorneys know that negligent surgeons are capable of performing life-altering surgical errors that may leave a patient permanently injured or in need of expensive corrective treatment. Thus, if a mistake is committed, it may be for the good of the victim (and others who may end up as victims) to hold the negligent medical staff responsible for the injury that he/she has caused.

Consequences of Workplace Discrimination

Showing bias for a particular employee can put your company in a bad light. In the first place, the workplace should be an epitome of equality and fairness to employees. According to the website of Slater Pugh, Ltd. LLP, when a company is accused of discrimination by a current or former employee, it can have serious repercussions. There are different kinds of discrimination that can happen in the workplace but just the same it can have serious repercussions.

Fines and Penalties

Litigation Expenses

  • If the court deems that an employer practiced discrimination, they would not only have to pay fines and penalties but also litigation expenses such as attorney’s fees, compensatory and punitive damages, administrative fees, and others. The employer would also be made to pay for the lost income or revenue of the plaintiff.

Poor Work Atmosphere

  • One of the biggest consequences of workplace discrimination is the poor working atmosphere it can create. The discriminatory practice of the employer will not only affect the victim but also other employees. It can result to a culture of suspicion, mistrust, hostility, and rivalry among the employees. This could also result to a low job satisfaction on the part of the employee.

Loss of Patronage

  • Allegations of discrimination can have a snowball effect on the customers as well. Clients who have some affinity with the plaintiff will have the tendency to avoid the company’s products and services.

Unemployment

  • Discriminatory practices of employers can contribute to unemployment rate if they choose to show bias towards certain individuals.

The negative impact of workplace discrimination on companies, individuals, and societies cannot be taken for granted.

Assisted Living Communities

Based on the definition given by the Assisted Living Federation of America (ALFA), assisted living refers to long-term care which provides people with health care, housing and support services. This is actually viewed as a good, alternative choice over nursing home care for the elderly and the disabled who need assistance with daily tasks, which include preparation of meals, eating, using the bathroom, bathing, getting dressed, getting around, and managing medications.

There are approximately one million individuals receiving services from more than 31,000 assisted living communities all around the US, according to ALFA. Most of these are elderly seniors, 85 years old or above, who are no longer capable of living a safe or comfortable solitary life, but who do not need the level of medical care and attention provided in a nursing home.

Seniors in assisted living communities, according to the US Department of Health and Human Services, actually live in apartment units privately assigned to them. This is to give seniors their needed independence and freedom to make their own decisions. To assure their safety and to make certain that all their needs are addressed, a support employee of the community monitors them and provides them with whatever assistance or services that they require, including physical therapy, emergency medical assistance and hospice care.

While there can be a long list of signs which will indicate that it is time to consider assisted living, the most common and easily noticeable are: a senior recently having an accident; dirty dishes left in the sink; moldy food just sitting inside the fridge; and, a messy house.

Despite the seeming need for assisted living, many families hesitate sending their elderly loved one to any community due to the high fees that need to be paid. According to SeniorAdvice.com, though the cost of assisted living varies from one community to another, average annual cost falls anywhere from $25,000 to $30,000.

Majority of assisted living communities are privately owned, thus the need to pay monthly fees, for which families may receive assistance from Veteran Attendant and Aid or long-term care insurance. If both are unavailable, however, then private funds may, instead, be used, like Individual Retirement Accounts (IRA), 401k plans or personal investment portfolios.

How Can You Spot a Blood Clot?

The warning not to remain stationary for too long a time is one that is often heard on long-haul flights, usually those that last for more than four hours. This is due to the very real possibility of Deep Vein Thrombosis (DVT), which is one of the more serious consequences of blood clots. Some situations involving DVT can involve the amputation of the affected area or pulmonary embolism, according to the information stated on the website of the lawyers with Habush, Habush, and Rottier.

Needless enough to say, blood clots should be avoided at all costs. But say that you think you have a blood clot, how can you tell?

Well, first of all, you need to assess if you are higher on the risk scale for blood clots. If you are pregnant (or within the six months of post-natal care), obese, a smoker, with cancer, or diabetic – then you are more likely to experience blood clots than the average person. Some people are also more at risk for blood clots if they have recently recovered from a traumatic physical injury that has required the use of surgical preventative measures such as IVC filters. These are devices implanted into the inferior vena cava in order to catch blood clots before they do any further damage but there are some cases wherein select filters have been found to have malfunctioned due to negligence.

It would then be more advisable for people who are higher at risk to consider physical exercise (even just simple walking for a few minutes) in order to stimulate blood flow.

You can tell that you may have a blood clot with the following symptoms: the skin around the affected area has become somewhat bluish in color or that the affected area is noticeably swollen and sore. If the clot occurs within the brain, some symptoms that may occur are sudden inability to speak, lapses in vision, and even seizures. If you believe you have a blood clot, it is recommended that medical action is taken immediately in order to prevent further damage.

Volkswagen Could Compensate Diesel Owners

After the Volkswagen scandal that many people are calling “Dieselgate,” The CEO of the German car company, Martin Winterkorn, was forced to resign. Before he left his post, he made a promise that Volkswagen would make steps to correct its egregious errors and restore trust in the company. The question of how the company plans to compensate the affected customers is on the minds of Volkswagen owners of diesel models.

Volkswagen has a reputation for environmentally responsible cars that are built with high-quality German engineering. Many owners purchase Volkswagen models with the sole purpose of bettering the environment. Unfortunately, the latest Environmental Protection Agency tests show that the company exceeds emissions regulations by 10 to 40 times. The deceit to customers does not only affect the value of their cars, but also affects the social conscious that they unwillingly contributed to harming the environment. Consumer Program Director at U.S. PIRG Ed Mierzwinski believes that consumers deserve more compensation than just the value of their vehicle.

An estimation by Kelly Blue Book stated that Volkswagen would need $7.3 billion to buy back the 482,000 U.S. vehicles affected by the false emissions testing software. This exact estimation is the same amount of money that Volkswagen stated is set aside for fixing the software The company has yet to release a solidified plan for reimbursing affected customers.

According to The Driscoll Firm website, Volkswagen was the first automaker to release diesel vehicles after emissions standards were raised in 2009. Now, with over 23 percent of Volkswagens in the U.S. having diesel transmission systems, the cost of repairing or compensating owners for their faulty vehicles will be enormous. Leading experts on auto defects and how vehicle manufacturers handle crisis situations believe the most likely response from Volkswagen will be to write small checks and offer to repair software. If you are like many Volkswagen owners that demand more from the company that deceived you, contact a Volkswagen emissions attorney in your area.

Self Storage Tips: How to Save Space

One of the best ways to minimize clutter around the house is to rent out a self storage unit. If you feel like your home is getting too crowded with items that are important and can’t be discarded, renting your own storage space can be a great way to organize everything into one place.

There is precise method to packing items for a self storage unit. Your objective is to use as much of the space available to you. If you learn how to accommodate your items properly and utilize your given space, you can save a significant amount of money because you won’t need to spend for a larger unit. Practicing proper packing methods can also help you to protect your valuable items from damage that may incur inside closed storage, such as water damage. The following are just a few self storage tips to keep in mind.

According to Mopac Self Storage, one of the most important things in packing is making sure you have strong, sturdy boxes to store smaller items in. It’s also important to make sure you’ve properly distributed the weight of the objects stored inside these boxes. This makes it easier for you carry the boxes and stack them on top of each other. If you’re storing books, avoid putting too much inside one box to keep it from getting too heavy. Arrange your boxes by making sure the heavier boxes are at the bottom of the stack. Also, don’t stack your boxes too high.

For larger items like furniture, remember to disassemble pieces that you can disassemble like tables and chairs. Pieces you can’t disassemble like beds, mattresses, and couches can be placed on their side at the very back of your unit. Meanwhile, you can use dressers as additional storage for your items. To prevent any surface damage, don’t forget to wrap your furniture in bubble wrap or cloth before moving them to your storage unit. This will maximize the space in your unit while keeping your items safe.

If you want to remove the clutter from your home, the first step is to look for an accessible storage service around your area. Once you’ve rented out your storage space, you can begin packing the things you want to keep inside your unit by taking note of these tips.

Fighting Workplace Race Discrimination in New York

The idea of equal opportunity is an integral part of American life. The ideals of equality and liberty are among the principle virtues exalted by the United States Bill of Rights. Unfortunately, such ideals aren’t upheld in real life scenario. It has been decades after the Civil Rights Movement of the 1960s gave voice to people regardless of their race, color, religion, sex, or national origin. However, it is clear that several discriminatory issues still seem to be rampant in workplaces up to this very day.

One such issue making rounds in the media is race-based discrimination in the workplace. Earlier in June, The Hill reported on the Supreme ruling in favor of a Muslim woman who had been denied a job at Abercrombie & Fitch because of the religious headscarf she was wearing during her interview. Another report by ABC News affiliate KXLY 4 points to a former Red Robin employee that filed a wrongful termination case against the company. Her lawsuit claims that she had been fired for speaking up against racially discriminatory practices she witnessed in the hiring process employed in one of the company’s North Idaho locations. These cases are just two among hundreds of race discrimination incidents that occur in workplaces all over America.

Individuals facing race discrimination in their workplaces can turn to several government agencies to receive the assistance they need to take action against their employers. On the federal level, there is the Equal Employment Opportunity Commission or EEOC. The EEOC is responsible for ensuring that anti-discrimination laws are properly observed by employers in regards to their own workforce, as well as applicants going through the hiring process.

The State of New York also offers similar services for its residents. Those who have been victim to discriminatory workplace practices can file a complaint with the New York State Division of Human Rights. New York City also has their commission to help uphold the New York City Human Rights Law, which is considered as one of the most comprehensive civil rights mandates in the country.

According to Cary Kane LLP website, discriminatory acts blatantly disregard some of the most important founding principles of this nation. Individuals who have faced race-based discrimination in their workplaces should not hesitate to file a complaint and purse legal action against those responsible.