When Can We Talk About Accidents?

It is never easy to deal with the aftermaths of accidents – especially when they happen to you. Fatality rates are only just statistics until you can recognize a name on the list and you never expect it. You never wake up into the day and think that maybe the absolute worst has happened.

Well, sometimes – that is exactly the case. And “too soon” can only be used so many times when it happens literally every single day.

Unfortunately, that is exactly the case when it comes to accidents. The entire concept of something as being “too soon” can be another ploy in order to distract you from taking action immediately – which really should be the priority. In terms of accidents, some companies will do next to anything in order to avoid causing a scandal or a case in order to preserve their brand identity. Allowing for them to get away with it by not taking immediate action can be dangerous.

According to the website of Wausau, WI personal injury lawyers, it is often recommended to seek help immediately due to the fact that people who work in this field must be well networked and resourced with professionals who can help the victim into recovery. Medical professionals, for one thing, who can provide the most effective treatments and procedures – and this allows for the victim to relax and simply be taken care of. After all, it isn’t the fault of the victim so why should they take the brunt of the accident’s burden?

It is important to seek justice and help in times like these – especially if they are ones that require sufficient and immediate evidence in order to further strengthen your case.

Seeking Help after a Dog Attack

Since the majority of domestic pets are harmless and docile, it would probably surprise most people that dog bites and dog attacks are extremely common occurrences. Near the end of August a Chesterfield, Virginia boy was attacked by a bulldog. The police declined to comment on the cause of the attack due to the ongoing investigation into the case. The owner claimed that the dog had never previously displayed aggressive behavior. In even more recent news, two children from Ladson, South Carolina encountered an unleashed dog on a playground. The dog, initially walking alongside his owner, ran over and attacked the children. Though they sustained lacerations and some bruising, the children are in good condition.

Dog attacks can happen as a result of numerous factors. Sometimes a dog will lash out in attempts to protect its owner or itself. Sometimes a dog is poorly trained and emotionally unstable if it has been raised by an abusive or violent owner. One factor is constant though, dogs respond to the energy of people or animals around them. Remaining calm and still is the most effective ways to handle a dog attack. This is why children are often, unfortunately, the target of dog attacks. Since a primal response to aggression is to panic and run, many children react by becoming frantic and attempt to run away. This causes the animal to give chase and attack. It’s important to teach children to be brave and not run away from dogs that are being scary.

The most common injuries that occur as a result of dog attacks are scarring, lacerations, broken bones, and disfigurement. In addition to being at higher risk for attacks, children also risk sustaining more severe injuries than adults since their bone density and muscle fiber is still developing. Luckily, young bodies are highly resilient and recovery time from injuries is substantially faster than adult recovery time.

Being attacked by a dog can result in an expensive hospital trip. A Massachusetts personal injury lawyer can help victims of dog aggression seek compensation from the owner of the dog who injured them.

Energy Drinks in the Personal Injury Spotlight

The cases are ongoing, but there has been a growing concern regarding the health effects of certain energy drinks on children and young adults, who are among the most frequent consumer of the product. Energy drink manufacturers are being criticized for marketing their products to this segment of the population knowing it can do them harm. According to a Fort Worth injury lawyer from The Benton Law Firm, experiences like this could potentially lead to a wrongful death lawsuit.

Monster Energy Drink in particular is the subject of at least two recent wrongful death lawsuits in which a 14-year-old girl and 19-year-old man died of cardiac arrest after consuming copious amounts of the drink. The manufacturer of the energy drink Monster Beverage Corporation maintains that when taken responsibly, the product is harmless even for children. However, the large doses of caffeine as well as other stimulants present in 2 ounces of Monster makes this a debatable point. One can of Monster is equivalent to 7 cups of coffee, and it is noteworthy there were in excess of 20,000 energy drink-related emergency hospitalizations in 2011.

The problem with bring a personal injury lawsuit against the manufacturer of an energy drink is that there are no regulations in place requiring them to list the amount of ingredients because they are classified as supplements. However, the way the product is marketed by Monster in combination with its potency makes it highly dangerous for the youth and the young with prolonged and regular use.

If you or a family member has sustained adverse health effects or death from the consumption of energy drinks, the time has come to make the manufacturers accountable. They should cease marketing their products to the young when their products are labeled as not recommended for them. Failure to do so is a breach of their duty of care to their consumers. Consult with a personal injury lawyer with the experience and resources to help you build your case.

Using Bluetooth Headsets to Prevent Car Accidents

The growing use of mobile phones while driving has come to a point where it poses a considerable danger for everyone on the road. The finger has been constantly pointed at holding the phone while driving as a cause of distracted driving. As a response, there have been some initiatives for the use of hands free technology such as a Bluetooth headset while driving to eliminate the need for drivers to hold the phone to carry on a conversation. But it is doubtful whether using a Bluetooth headset to prevent car accidents is really the ideal solution to the problem of distracted driving. Distraction is a cognitive aspect rather than a mechanical one of driving. Reaching for the radio button, eating or fumbling with a cell phone are actions that do require a momentary shift of attention from the road.

However, studies show that engaging in a conversation over a mobile phone poses the greater danger because it is more prolonged. It impairs the ability of the driver to observe safety signs and react to situations in a timely manner almost as much as being inebriated. While a Bluetooth headset may keep hands on the wheel and eyes on the road, the mind is far and away, especially when the parties are fully participating. As a result, more car accidents occur due to cell phone conversations rather than cell phone use per se. So, even if a driver is using a hands-free device or Bluetooth headset, there is still a chance they will make a driving error and cause harm to other motorists.

Car accidents resulting from cell phone use in general are considered driver recklessness, and may be an actionable case. According to the website of Appleton-based Habush Habush & Rottier S.C. ®, a car accident caused by distracted driving can plunge everyone involved in a complex legal situation. If you or a member of your family has been injured because the driver was using the cell phone, you should consult with a car accident attorney to assess your case.

Financial Problems from Hospital Bills

They say getting sick is worse than being robbed. At least when one is robbed, only the possessions and funds you already have get taken. When one gets seriously sick, the situation is akin to a bottomless well into which all one’s resources are poured in with no end in sight. The irony of this is both situations – getting sick and being robbed – are not always but most often preventable.

It could be argued that with the right financial planning, getting sick should not be too much of a problem. After all, everybody gets sick at some point, so it would just be prudent to have a contingency for when the time comes, such as health insurance. However, not everyone is so far-seeing, or some people simply cannot afford to pay for a what-if when funds are not enough to even cover the need-now. When one gets sick or is involved in an accident, therefore, it can be tough trying to find a way to make ends meet.

When one is seriously ill or injured, having financial problems from hospital bills is to be expected. But if a bad situation is made even worse because of hospital negligence, the financial burden can just be too much to handle. Hospital negligence is in general the failure to provide reasonable care and ensure the adequate safety of the patient while undergoing treatment. It is a fortunate thing that in the US, this can be an actionable case. It is then possible for the victim of someone’s recklessness, negligence or error to recover damages for the consequences of the wrongful act.

However, it should be noted that filing a case against a hospital for personal injury can be a tricky situation. Hospitals usually retain lawyers for just such contingencies, so it would be smart for a would-be plaintiff to consult with another lawyer who knows how to handle cases involving hospital negligence.

Defining Product Liability Damages under Personal Injury Law

Personal injury is just one of the aspects of product liability, although it is often used to refer to how a product defect has adversely affected the plaintiff. The term “damages” is also widely used in civil tort cases but most people only have a vague idea of what it is.

There are two types of damages: compensatory and punitive. According to the website of law firm Ravid & Associates, P.C. in Detroit, compensatory damages refer to actual costs to the plaintiff as a result of the product defect such as medical expenses, property repair or replacement, loss of income and disability expenditure. Punitive damages, as the term implies, is a type of punishment for the defendant for causing injury in the first place, and includes loss of consortium as well as the ever-popular pain and suffering.

Damages are always expressed in financial terms, and it is determined based on a set of factors that has been established from previous cases. Instances where permanent lifestyle changes become necessary complicates a claim. Some states may have a cap on punitive damages, and some may not allow it under certain scenarios. Habush Habush & Rottier S.C.® would know these differences and be able to communicate them with you. They could also help you determine whether or not your claim is valid.

Determining what would essentially be “payment” to alleviate whatever suffering and losses that accrued to a particular plaintiff because of a defendant’s wrongful act is not always easy. In most cases, punitive damages are much more subjective because in general a jury decides on fair value for something non-quantifiable such as pain and suffering. In contrast, compensatory damages are based on economic losses that can be quantified, such as medical bills. In consequence, punitive damages fluctuate wildly depending on the type of jury, and are the source of much debate on appeal.

It is in the best interest of the plaintiff that the amount of damages is not disputed because it means a quicker process. It is therefore essential that the lawyer chosen has experience in handling personal injury cases in the pertinent state because he or she would know what amount and type of damages is reasonable and unlikely to be challenged.