What is negligence per se?

Negligence per se involves the commission of a negligent act that violates the law. This differs from ordinary negligence, which consists of actions contrary to those of a reasonable person. Since negligence per se involves the blatant violation of a safety regulation, it's a more serious offense.

Ordinary Negligence

To understand negligence per se, we must first understand ordinary negligence. When a driver is sued for causing an accident, the litigation filed against him is typically based on a theory of negligence. Negligence occurs when a driver fails in his common law duty to adhere to a standard of reasonable care. While he hasn’t necessarily violated the law, he has behaved in a manner that is not expected of a reasonable person.

Some of the most common examples of ordinary negligence include:

• Driving while fatigued
• Lack of vehicle maintenance
• Aggressive driving behaviors
• Failing to keep a proper lookout

Negligence Per Se

Many traffic laws are written to explicitly prohibit conduct that is harmful to others. When a driver violates one of these laws, his actions are considered to be inherently negligent. Therefore, negligence per se litigation involves proving the driver broke a law intended to prevent injury.

Typical examples of negligence per se include:

• Street racing
• Driving on the wrong side of the road
• Running a stop light or a stop sign
• Driving under the influence

Proving Negligence Per Se

Sometimes at-fault drivers make mistakes that constitute both ordinary negligence and negligence per se. For example, a sleepy driver who runs a red light is guilty of both forms of negligence. Even when negligence per se is clearly a factor in an accident, you must still prove the defendant violated a statute, and that this violation was the proximate cause of the collision.

You need an experienced vehicle accident attorney to help you prove your case and receive the compensation you deserve. To discuss your claim, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

Related Links: What Is Negligence? Understanding Car Accident Liability Proving Legal Negligence

 

What is negligence per se?

Truck Crashes Caused by Failure to Maintain a Safe Distance

Many truck accidents are caused by a driver’s failure to maintain a safe following distance. Due to their large sizes and weights, trucks require significantly more time to stop than do passenger vehicles. Operators must allow plenty of space to stop safely in an emergency, and failure to do so could make them liable in the event of an accident.

Maintaining a Safe Distance

Trucks require about one third more distance than passenger vehicles to come to a complete stop. This risk is amplified by weather conditions that limit visibility and traction, such as fog, mist, rain, or ice. Other factors that may contribute to these accidents include:

• Speeding. Truck drivers are under constant pressure to meet strict delivery deadlines, which encourages them to speed. Vehicle speed has a huge impact on stopping distances, dramatically increasing the risk of a collision.
• Distracted and careless driving. The use of smartphones and other electronic devices can easily distract truckers, leading to serious accidents when they follow other vehicles too closely.
• Driver fatigue. Truck operators often work long hours with little sleep. Fatigued drivers have reaction times similar to those of drunk drivers, which may prevent them from stopping quickly enough to avoid an accident.
• Driving under the influence of alcohol or drugs. As with driver fatigue, drugs and alcohol slow a trucker’s reaction time, increasing his stopping distance.
• Malfunctioning or failing equipment. Trucking companies sometimes try to save money by skipping routine vehicle inspections and maintenance. When this happens, a brake or tire failure could prevent a trucker who is following too closely from stopping in time.

Receiving Compensation

Rear-end truck collision victims may suffer serious medical conditions, including broken bones, neck and back injuries, head injuries, lacerations, and internal injuries. If you’ve been hurt due to a truck driver’s failure to maintain a proper distance, you need representation by an experienced vehicle accident attorney. To discuss your claim, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

Related Links: The Most Common Causes of Large Commercial Truck Accidents The Risks of Tailgating Differences Between Road Rage and Aggressive Driving

 

Truck Crashes Caused by Failure to Maintain a Safe Distance

Lawsuits Against Cardiologists Have Increased: Here’s Why

Medical malpractice suits are on the rise, and leading the pack is cardiology. According to a recent insurance study, between 2006 and 2015, the number of cardiology claims against medical malpractice insurance increased 91 percent, and total liability paid grew 142 percent. A host of issues are at play, most notably improper treatment and diagnostic errors, and to a lesser extent miscommunication, safety and monitoring, and equipment malfunction.
Improper Diagnosis and Treatment Leading the Way
Cardiologist admit that diagnostic errors aren’t a rarity in their practice. Myocardial Infarction (MI) is on the rise, can be difficult to diagnosis, and is the leading cause of action in improper diagnosis lawsuits. Sometimes it doesn’t show up on tests, and sometimes the symptoms mimic other conditions. If your doctor misdiagnosed you, or did not manage your expectations about MI treatment and risks, you may have a claim against your cardiologist.
In other cardiology cases, even with experienced cardiologists, complications arise. You may have a claim if the complication wasn’t handled properly. How did your doctor act? Or maybe didn’t act? If your doctor’s reaction to the complication was not reasonable, you would have a viable malpractice claim.
Lastly, with regard to improper treatment, sometimes patient care while in the hospital recovering is improper. Check to see that the hospital took excellent record-keeping of all medications and top-notch care in the hand-off between shifts. Request a copy of your file, which should be incredibly detailed. 
Is Your Cardiologist Practicing Defensive Medicine?
Defensive medicine is the term coined for diagnosing and treating patients with an eye towards avoiding malpractice suits rather than doing what is best for the patient. In fact, the medical community speaks openly about its concern with the rising levels of medical liability, and how best to mitigate risk. But mitigating risk is not a physicians job. In fact, it may fly in the face of a physician’s duty, which is to give a reasonable level of care to the patient. If defensive medicine falls short of optimal care, as it often does, there may be a claim for medical malpractice.
If you believe your cardiologist, or any doctor for that matter, has committed malpractice, call a medical malpractice attorney today. Patients have been trained by doctors to expect some mistakes and shortcomings in their medical care, but you may be surprised to learn that in your case, that expectation is unreasonable, and actionable.

The post Lawsuits Against Cardiologists Have Increased: Here’s Why  appeared first on Rutberg Breslow Personal Injury Law.

Lawsuits Against Cardiologists Have Increased: Here’s Why 

Hypothermia Maritime Injuries

Maritime workers must frequently labor in cold weather, and they constantly face the risk of falling overboard into frigid waters. 

When this happens, they're at risk of developing hypothermia, a life-threatening condition that occurs when body temperature drops below 95 degrees.

Hypothermia Basics

Hypothermia is primarily caused by cold weather, when maritime workers are exposed to chilled air and frigid waters. While it’s true that these weather conditions create the greatest hypothermia risks, temperatures don’t have to be below freezing for hypothermia to occur.

Maritime workers can experience hypothermia when their body temperatures drop below 95 degrees, and this risk may increase due to pre-existing health conditions. Diabetes and hypertension sufferers are particularly vulnerable to hypothermia.

There are three stages:

• Mild. Mild hypothermia occurs at temperatures between 95 and 96.6 degrees. Symptoms may include shivering, shallow breathing, dizziness, lack of coordination, and goosebumps.
• Moderate. Moderate hypothermia occurs at temperatures between 91 and 94.8 degrees. Symptoms may include involuntary muscular convulsions, confusion, loss of coordination, and blue or pale skin.
• Profound. Profound hypothermia occurs at temperatures below 89.6 degrees. Symptoms may include irregular heartbeat, slurred speech, amnesia, dilated pupils, and loss of consciousness.

Hypothermia Risks

When hypothermia isn’t treated promptly, a maritime worker may develop frostbite. Frostbite is the freezing of tissues, which can result in the death and decay of these tissues. This condition is known as gangrene, and gangrenous tissues typically must be amputated.

In the most severe cases, hypothermia may result in a maritime worker’s death. These injuries and deaths can be prevented when employers ensure that their vessels are seaworthy, and when their workers are properly trained.

If you’ve experienced hypothermia while performing maritime work, you may qualify for Jones Act benefits, including compensation for your medical expenses and lost wages. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Ship Collisions Seafaring Vessels and the Risks of Overboard Accidents Tanker Risks Your Employer Hopes You’ll Ignore

 

Hypothermia Maritime Injuries

Maritime Back Injuries

Maritime work is inherently dangerous, and back injuries are some of the most common maladies suffered by seamen.

Back Injury Causes

Years of lifting cargo while loading and unloading vessels may result in spinal disc degeneration, accompanied by severe pain and possible debilitation. Other typical causes of maritime back injuries include:

• Being struck by heavy equipment.
• Slipping and falling on a wet dock or deck.
• Being struck by moving cargo or a cargo crane.
• Being assaulted by a coworker.

Typical Back Injuries

Damage to the back due to maritime injuries may result in:

• Spinal cord injuries. Spinal cord injuries can be caused by direct trauma to the spinal cord itself, or by damage to the bones and tissue surrounding the spine. These injuries may result in a severed spine or spinal cord, paraplegia, quadriplegia, or other forms of paralysis.
• Fractured vertebrae injuries. Damage to the spinal column caused by falls or severe impacts can lead to a fractured vertebrae injury. Fractured vertebrae may result in painful pinched nerves, limited mobility, and even paralysis.
• Disc injuries. A spinal disc herniation, or slipped disc, may be caused by trauma or lifting injuries. Disc degeneration can result from spinal discs wearing down over time, and this process may be accelerated by the performance of hard manual labor.
• Sprains and strains. Lifting and moving heavy objects can result in sprains (overstretching) or strains (tears) in the muscles and ligaments of the back, causing acute pain.

You Need an Attorney

If you’ve suffered a back injury due to a work-related maritime accident, you may receive compensation for your medical expenses, lost wages, and pain and suffering. The value of a Jones Act case typically depends upon the severity and longevity of your ailments, and you need an experienced maritime injury attorney to secure the compensation you deserve.

To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

Related Links: The Paralyzing Effects of Maritime Spinal Cord Injuries A Look at Maritime Safety and Injury Statistics Drillship Accidents

 

Maritime Back Injuries

Are Police Liable for Not Stopping a Murder When They’re Warned About It?

Crime happens. The police can’t be everywhere at once, and some criminal activity is either unpredictable or unavoidable.
But not all of it. When a woman claims she’s being harassed by a sex offender, and officers determine his actions violate his probation, and he is being investigated for new and ongoing criminal activity, and both the woman and her mother have contacted law enforcement seeking help, that seems like a time when criminal activity is both predictable and avoidable. And yet, University of Utah student-athlete Lauren McCluskey is dead, murdered by a man who campus police and local officers knew or should have known was a danger. So, are those departments liable for her death?
Last Moments
“Rowland, like I said, was a manipulator,” University Police Chief Dale Brophy said during a news conference after McCluskey’s killing. “If his lips were moving, he was lying. I don’t think he told the truth to anybody based on our investigation and based on everybody we’ve talked to.” The 37-year-old Melvin Rowland certainly lied about his age to the 21-year-old McCluskey, as well as his sex offender status. When McCluskey discovered the lies upon their month-long relationship was built, she broke things off.
But Rowland didn’t take that too well. He apparently had friends contact McCluskey, saying he was dead and it was all her fault. She reported the messages to University of Utah Police, as well as Rowland’s social media posts to the contrary and her belief that his friends were trying to lure her out of her dorm room. (As it turns out, this social media activity violated his sex offender probation.) McCluskey again contacted university police to reports messages extorting $1,000 from her in exchange for a promise not to post explicit photos of her online.
According to a brutal timeline of the last weeks, days, and hours of McCluskey’s life, campus police did not begin a formal investigation of sextortion charges against Rowland until a week after McCluskey made the allegations. Officers also didn’t find her body in the campus parking lot where Rowland shot her to death until an hour and a half after her father reported her mother overheard her assault on the phone.Campus police then sent out a secure-in-place alert for the school, warning that an active shooter was on campus, over an hour after Rowland had already left campus, having called a woman he met on a dating site for a ride, accompanying her to dinner, visiting the state capitol, and showering in her apartment. By the time campus police realized Rowland had left campus, Salt Lake City officers were only 60 minutes from following him into a church where he fatally shot himself.
Murder Liability
While it is easy to see campus and local police were little or no help to McCluskey in the final days of her life, finding them liable for her death may prove more difficult. As a general rule, police do not have a legal duty to investigate all suspected or even all reported crimes. Sadly, courts have recognized a “fundamental principle that a government and its agents are under no general duty to provide public services, such as police protection, to any particular individual citizen.”
And while McCluskey’s parents could file a wrongful death claim against either agency, claiming their negligence in investigating their daughter’s claims or Rowland’s ongoing criminal behavior caused Lauren’s death, government officials (including police officers) are often granted qualified immunity from civil liability for actions taken while on duty unless they were on notice that their conduct violated established law.
Federal law can hold state, local, and campus officers liable if they subject any citizen to “the deprivation of any rights, privileges, or immunities secured by the Constitution and laws.” But even these claims are generally based on the use of excessive force or denial of care while in custody — not the failure to investigate or prosecute crimes, or detail specific individuals.
Tragically, it’s hard to hold police agencies or officers accountable for injuries or deaths, even when it appears obvious that they failed to act when warned of a potential danger. But that doesn’t mean it’s impossible. Contact an experienced injury attorney for help.

The post Are Police Liable for Not Stopping a Murder When They’re Warned About It?  appeared first on Rutberg Breslow Personal Injury Law.

Are Police Liable for Not Stopping a Murder When They’re Warned About It? 

Should I file for unemployment in addition to my Jones Act claim?

No. Unemployment and Jones Act claims naturally contradict one another. Filing for unemployment benefits could damage your Jones Act claim.
 

Unemployment vs. Jones Act Claims

Unemployment benefit programs provide temporary income to employees whose jobs were terminated by their employer. These benefits are intended to help workers who have lost their jobs, not employees who were injured at work. When you file for unemployment, you're telling the state that you're capable of working, but that you're unable to find a job.

Maintenance and cure benefits under the Jones Act, on the other hand, are provided to employees who are unable to return to work due to their job-related injuries. Under admiralty law, the owner of a vessel is required to cover the food, lodging, and medical expenses of a seaman injured while at work. Employees are entitled to receive these benefits until maximum medical improvement is reached.

Contradictory Claims

Employees who file for unemployment benefits must state, under penalty of perjury, that they're still capable of performing their basic job duties. However, when filing a Jones Act claim, workers typically argue that their work-related injuries are preventing them from returning to the job. These statements are obviously contradictory, and they may be sufficient to destroy a Jones Act claim.

If your injuries prevent you from returning to your routine work duties, you cannot file an unemployment claim. Doing so will allow your employer’s attorney to use your unemployment agreement against you. He can cite your statements to argue that your injury claim isn’t valid.

Consult an Attorney

Maritime claims are complicated, but an experienced attorney can help you understand exactly which benefits you're entitled to receive. Consult a lawyer to get answers to your questions about maintenance and cure, the Jones Act, and unemployment benefits.

To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

Related Links: The Jones Act: Maritime Benefit Coverage and Eligibility Workers’ Compensation and Unemployment Benefits Calculating Pain and Suffering in a Jones Act Claim

 

Should I file for unemployment in addition to my Jones Act claim?

USC Settles Claims Against School’s Gynecologist for $215 Million

The University of Southern California (USC) has agreed to settle a federal class-action lawsuit for $215 million. The suit was brought by current and former students after one of USC’s campus gynecologists, Dr. George Tyndall, was accused of sexual misconduct and inappropriate language. There could be as many as 17,000 members of this federal class-action; Tyndall practiced gynecology at USC for 27 years.The settlement applies only to the federal lawsuits, and provides at least $2,500 to “all class members.” However, interim President Wanda Austin said “Patients who are willing to provide further details about their experience could be eligible for additional compensation up to $250,000.”
Legal Battles Just Beginning
Notwithstanding this class-action, Tyndall and USC still have many legal obstacles to face before this is over. Tyndall is being investigated by police, though charges have not been filed. Famed attorney Gloria Allred is representing numerous plaintiffs in state action cases. Earlier this month, attorney John Manly said that 93 former USC students have filed two new lawsuits alleging sexual misconduct. All totaled, there are more than 400 patient suits filed in Los Angeles Superior Court. This will likely be the first of many pay-outs USC will endure before this case is over.
Many Plaintiffs Have Issues With This Settlement
Many plaintiffs are not ready to close the door on this case just yet. Questions still remain as to why USC continued to let Tyndall practice at the university clinic after numerous complaints were received by the university as far back as the early 1990’s. Others criticize how this settlement was used as a discovery roadblock, delaying the taking of sworn testimony and exchange of records, which may have revealed even more damaging evidence. It is believed that many plaintiffs will opt out of this settlement and pursue their own case; the settlement’s $250,000 cap irritated many plaintiffs’ attorneys. Mike Arias, who represents about 80 women in state court cases, said he had a number of “very prominent” clients who suffered damages far in excess of that amount, and are interested in forging their own case, outside of the settlement. As a frame of reference the Michigan State settlement reached over the Larry Nassar sexual assaults was for $500 million to be divided among 332 women; there is a basis for plaintiffs’ attorneys to be irate.
If you or someone you love has been the victim of George Tyndall, or any doctor, contact a local sexual abuse lawyer today. The statute of limitations has been extended in many sexual assault cases. A legal adviser can tell you if you can still bring a claim, and best ways to proceed with your case.

The post USC Settles Claims Against School’s Gynecologist for $215 Million  appeared first on Rutberg Breslow Personal Injury Law.

USC Settles Claims Against School’s Gynecologist for $215 Million 

Consulting with a Top Personal Injury Lawyers Houston

Watch on YouTube here: Consulting with a Top Personal Injury Lawyers Houston
Via https://www.youtube.com/channel/UCQereorszXsOZEnnbIJYl-A/videos

Maritime Burn Injuries

Burn injuries are always dangerous, and those that occur at sea can be particularly devastating for maritime workers. These employees must routinely handle electrical equipment and combustible liquids, subjecting them to fire, explosion, and electrical accident risks.

Burn Injury Causes

Maritime vessels may be surrounded by water, but fires can still break out and spread quickly when there is an:

• Engine room fire. Engine room fires can spread when equipment malfunctions and ignites.
• Electrical accident. When electrical equipment sparks, it may start a fire.
• Explosion. Fuel used aboard ships is highly combustible, and it may cause a serious explosion.

Burn Injury Complications

Severe burn injuries frequently lead to serious medical, psychological, and financial difficulties. Treatment often requires painful skin grafts, reconstructive surgery, and even amputation. Recovery typically involves long periods of hospitalization, fighting serious infection risks, and coping with psychological trauma. Some of the most common burn injury complications include:

• Infection. Skin is the body’s primary protective barrier against infection, and burns compromise the integrity of this barrier.
• Sepsis. When an infection spreads rapidly, it can lead to a life-threatening condition known as sepsis.
• Hypothermia. When skin is damaged due to burn injuries, hypothermia may result from the extreme loss of body heat.
• Hypovolemia. Burn injuries can damage blood vessels, causing loss of blood and other bodily fluids.
• Damaged joints. The buildup of scar tissue resulting from burn injuries can cause joints to fall out of alignment.

Receiving Compensation

When you’ve suffered burn injuries while working at sea, you’re entitled to maintenance and cure benefits to supplement your income and cover your medical expenses.

If your accident was caused by employer negligence, the Jones Act also gives you the right to sue your employer for damages. These claims can be complex, and you need representation by an experienced maritime injury attorney. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

Related Links: Maritime Welding Dangers Offshore Fire Risks Drillship Accidents

 

Maritime Burn Injuries

Serious Broken Bone Injuries Caused by Maritime Accidents

Maritime vessels have a lot of heavy equipment, slippery decks, and other potential hazards. When employers fail to properly repair and maintain equipment, or when staff is inadequately trained, workers are at risk for broken bone injuries.

Broken bones may cause chronic pain, disability, and even organ damage for accident victims.

How Bones Are Broken

While the human skeleton is strong, sufficient force can still result in cracked, broken, or shattered bones. Most maritime broken bone injuries are caused by traumatic accidents, such as slips and falls, being struck by cargo or equipment, and groundings or collisions. Serious falls, repetitive lifting, or being caught between heavy objects can fracture one or more bones.

Some of the most common maritime bone injuries include:

• Stable fractures. These occur when there's a clean break, and the two broken pieces of bone are still lined up.
• Displaced fractures. Unlike stable fractures, displaced fractures occur when bone pieces move relative to one another.
• Compound fractures. These injuries occur when the bone breaks through the skin.
• Comminuted fractures. These shatter a bone into three or more pieces.

Broken Bone Complications

Typical broken bone symptoms include pain, swelling, and bruising. These injuries may cause serious complications if left untreated, such as compartment syndrome. Compartment syndrome can cut off blood flow to various body parts, leading to cell and tissue death. Potentially fatal blood clots may form, and wounds caused by broken bones can become infected. Broken ribs can pierce organs, causing damage.

Jones Act Compensation

If you’ve suffered broken bone injuries while working in the maritime industry, you may be entitled to benefits under the Jones Act. Maintenance and cure cover your basic living costs and medical expenses. You may also pursue a personal injury case if your employer is responsible for the accident that caused your injuries.

To discuss your claim, contact the law offices of Steve M. Lee, P.C., by using the form on this page.

Related Links: A Look at Maritime Safety and Injury Statistics Maritime Shoulder Injuries Maritime Cargo Injuries

 

Serious Broken Bone Injuries Caused by Maritime Accidents

Costco Shopper Hit by Falling Steel, Sues for Brain Damage

A Costco customer was hit by a steel rod while reaching for a package of paper towels, prompting a host of medical interventions. The 62-year-old North Salem, New York resident suffered irreversible brain damage at a Brookfield Costco in 2016, and has filed a federal lawsuit against the wholesale chain for monetary damages claiming unsafe, dangerous, or defective conditions.
Shopper Struck by Steel Rod Resulting in Irreversible Brain Damage
According to the lawsuit, Peter Aurigemma Jr. was reaching for a package of paper towels, which was stacked over seven feet high, when a 40 inch long steel pipe, three inches in diameter, fell and struck him above the left eye. Aurigemma contends that the impact left him with a concussion, nerve and muscle damage to his face and around his left eye, neurological dexterity losses in his left hand, migraines, sensitivities to noise and light, mood and behavior changes, and short-term memory lapses. The plaintiff is seeking over $75,000 in monetary damages to cover medical bills, loss of work, and pain and suffering.
Another Costco Premises Liability Suit
Costco, as a matter of policy, does not comment on pending litigation. The company will have to face whether it failed to meet its duty of care to Aurigemma as an invited customer in a self-service environment. Specifically, Costco will have to prove that it exercised reasonable care in keeping its customer areas free of unsafe, dangerous or defective conditions. The case may turn on whether stacking paper towels over seven feet high for patrons to retrieve is reasonably safe. And, of course, it remains to be seen how that steel rod ended up presumably stacked on top of the paper towel display that Aurigemma fatefully visited.Costco is no stranger to premises liability lawsuits. In 2017, a customer fractured an ankle in a slip-and-fall case, and was awarded over $400,000 by a Nevada jury. In a 2014 case in New York, a jury awarded one plaintiff almost $10 million after being hit by her shopping cart on an escalator, which an employee had improperly placed there for her.
If you or someone you love has been injured while shopping at Costco, or any retailer, contact a local personal injury attorney. An experienced legal adviser can listen to the facts of your case, and determine if you have a good case for recovering monetary damages to recover your costs. Often, these attorneys will give you a free consultation, and you may even be able to avoid paying legal fees at all if you don’t prevail. You may not have much time remaining to file your lawsuit, depending on when the injury happened, so don’t hesitate. Contact an attorney today.

The post Costco Shopper Hit by Falling Steel, Sues for Brain Damage  appeared first on Rutberg Breslow Personal Injury Law.

Costco Shopper Hit by Falling Steel, Sues for Brain Damage 

Class Action Lawsuit: E-Scooters Are a ‘Public Nuisance’

Electric scooters are all the rage — some people really like them, and the rest of us are mad as hell. Some e-scooter companies have been banned from cities like San Francisco and Santa Cruz after their products have littered sidewalks, caused injuries, and been driven drunk.
And a new class action lawsuit against two of the largest e-scooter companies, Bird and Live, showed “a wanton disregard for the safety of others” by “dumping” scooters on public streets without an appropriate warnings or training. The damage, according to the suit, is tantamount to
“aiding and abetting assault.”
Gross Negligence
Three plaintiffs claim they were walking when they were struck by e-scooter riders, causing serious injuries. Their lawsuit — which could include many more plaintiffs — alleges the e-scooter companies knew their riders were injuring pedestrians and the companies committed “gross negligence” by failing to stop the collisions from occurring. “While acting under the guise of the commendable goals of furthering personal freedom and mobility and protecting the environment,” the suit claims, “the Defendants, and each of them, are endangering the health, safety and welfare of riders, pedestrians and the general public.”
“[S]cores (if not hundreds) of riders and pedestrians and members of the public have suffered, are continuing to suffer and will to continue to suffer egregious and avoidable injuries and damage to their person and property,” according to the lawsuit.
Safety and Suffering
The suit also accuses the e-scooter fleets of containing defective electronics and mechanical parts, being poorly maintained, and being prone to dangerous mechanical failures. Along with compensatory damages, the plaintiffs are seeking “adequate warnings and/or instructions” to the e-scooter companies’ apps and vehicles, if not an outright ban in California.
Both Lime and Bird asserted their products are safe. “[S]afety has always been at the very core of everything we do at Lime,” according to a spokesperson, “as is our mission of reducing cars from city streets and making them safer and greener for pedestrians, bike and scooter riders alike.” A statement from Bird claimed, “There is no evidence that riding an e-scooter presents a greater level of danger to riders than riding a bike.”
But the “scores (if not hundreds) of riders and pedestrians and members of the public have suffered, are continuing to suffer and will to continue to suffer egregious and avoidable injuries and damage to their person and property,” according to the class action suit, may beg to differ.

The post Class Action Lawsuit: E-Scooters Are a ‘Public Nuisance’  appeared first on Rutberg Breslow Personal Injury Law.

Class Action Lawsuit: E-Scooters Are a ‘Public Nuisance’ 

Construction Traumatic Brain Injuries

Texas construction accidents can lead to many severe ailments, including closed and open brain injuries. Closed brain injuries occur when the head is either snapped back and forth quickly, or when it collides with another object. Open brain injuries are caused by an object penetrating the skull and damaging the brain.

Construction Brain Injury Causes

According to the United States Department of Labor, there are four particularly hazardous types of construction accidents:

• Caught-between accidents. Construction workers might suffer head injuries when they are caught between levels of a building, pinned by a piece of machinery, or stuck in a trench. In addition to causing direct damage to the head, these accidents can also result in crush injuries, depriving the worker of oxygen and leading to an acquired brain injury.
• Struck-by accidents. Loose or unsecured materials falling from height, and cranes lifting heavy materials, can cause traumatic brain injuries when they strike a worker in the head. Workers are particularly at risk of injury when they're not wearing hard hats.
• Electrocution. A high-voltage electrical shock may lead to severe damage to the nerves that allow the brain to communicate with the rest of the body. This surge can also cause burns and lesions within the brain.
• Falls. These incidents are also common causes of traumatic brain injuries. Falls may occur due to unsecured ladders and scaffolding, floor openings not properly secured or unmarked, and a lack of personal fall safety equipment.

Receiving Compensation

Brain injuries can result in swelling, bleeding, and even death when left untreated. Many construction accident victims who do survive traumatic brain injuries are unable to return to work, and never fully recover.

If you’ve suffered brain injuries due to a construction accident, you may be entitled to receive workers’ compensation benefits including medical treatment, lost wages, disability payments, and job retraining. If your injuries were caused by a third party, you may also pursue a personal injury lawsuit to recover additional damages. You need an attorney to help you receive the compensation you deserve. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook.

RELATED LINKS

Construction Worker Head Injuries Construction Site Injuries and Workers’ Compensation Common Injuries Associated With Roofing Accidents

 

Construction Traumatic Brain Injuries

If I Get an Infection From the Nail Salon, Can I Sue?

Any time there is an issue of negligence, a claim can be brought in court.If a nail technician fails to abide by their duty of care, and an infection results, a suit can definitely be filed. But the pain may not be worth the price.
Suing Nail Salons for Negligence in State Court
Nail salons owe patrons a duty of care to keep them safe from injury. Let’s assume that this duty was breached, due to either use of non-sterile tools or maybe the nail technician used the tools incorrectly.If you can prove that the negligent actions of the nail technician caused your injury, and you can prove how much money is needed to make you whole again, you can file a suit. But keep in mind that filing suits are not cheap. Attorney fees are high, especially when expert witnesses are involved.Note that plaintiff personal injury attorneys will only take cases on a contingency basis if the estimated verdict amount is high. If you lost a finger, they’re in! If you got an infection that healed in a week, not so much. For these lesser injuries, you may need to pay the attorney out of your pocket, in advance, and the fees may be higher than the award.
Small Claims
If your claim is too minor for you to pursue in state court, small claims court may be a great option. This is a place where people can have their legal disputes heard in front of a judge on a more informal basis, without the expensive and time-consuming process of a full trial. Small claims court allows lawsuits to be filed if the monetary remedy sought is lower than a certain amount, generally $10,000 or less, depending on local laws. Both parties represent themselves and present their own case, similar to Judge Judy. The judge then renders a verdict after hearing both sides of the case.
If you or someone you care for has gotten an infection from a nail salon, the first thing you should do is seek medical help. Small infections can lead to big problems, so please protect yourself first. Keep all medical bills and document any hardships faced from the infection. Then contact a personal injury lawyer. Most will provide free initial consultations. A licensed attorney can best assess your legal situation, and offer you sound advice, based on the facts of your case, for recovering any monetary damages to which you may be entitled.

The post If I Get an Infection From the Nail Salon, Can I Sue?  appeared first on Rutberg Breslow Personal Injury Law.

If I Get an Infection From the Nail Salon, Can I Sue? 

Federal Judge: Wisconsin Can’t Block Insurance From Covering Transgender Health Care Costs

Under Wisconsin’s administration of health insurance benefits,”[p]rocedures, services, and supplies related to surgery and sex hormones associated with gender reassignment” were excluded from coverage. But a federal judge recently ruled the exclusion violated antidiscrimination measures in the Affordable Care Act, and a jury just awarded two transgender women $780,000 after they were denied coverage for hormone therapy and surgery relating to their gender transitions.
On top of that, Wisconsin’s insurance board voted to allow the coverage beginning January 1, 2019.
Differential Treatment
Shannon Andrews, a cancer researcher at the UW School of Medicine and Public Health, and Alina Boyden, a graduate student, filed the lawsuit against the state with the help of the American Civil Liberties Union last year. Andrews was forced to drain her retirement savings to pay for treatment after her claims were denied, and Boyden was unable to afford gender confirming surgery without insurance coverage. Both claimed Wisconsin’s ban on transgender coverage violated sex discrimination protections in Title VII of the Civil Rights Act and the ACA.
“Whether because of differential treatment based on natal sex, or because of a form of sex stereotyping where an individual is required effectively to maintain his or her natal sex characteristics,” wrote U.S. District Judge William Conley, “the Exclusion on its face treats transgender individuals differently on the basis of sex, thus triggering the protections of Title VII and the ACA’s antidiscrimination provision.”
Transgender Discrimination
Once Judge Conley found liability in favor of Andrews and Boyden on their Title VII and ACA claims, it was just a matter of damages. “Discrimination comes with a cost,” said legal director for the ACLU of Wisconsin Larry Dupuis, “and for the state of Wisconsin the bill has come.” The jury awarded Andrews $479,500 and Boyden $301,000, most of the awards being for emotional pain and suffering. Andrews had paid about $79,000 for two surgeries due to the lack of insurance coverage, according to Dupuis, while Boyden paid about $1,000 for hormones.
While the present case applies to state employees, Conley also ruled in a separate case that Wisconsin couldn’t bar the use of Medicaid funds to pay for transgender surgery.

Federal Judge: Wisconsin Can’t Block Insurance From Covering Transgender Health Care Costs

Workers’ Compensation for Burn Injuries

When most of us think of typical construction work dangers, we imagine falls from heights and equipment malfunctions. However, many construction accidents can lead to serious burn injuries.

Types of Burn Injuries

The most common types of construction burn injuries include:

• Thermal burns. These are caused by exposure to open flames, scalding water, and steam. They may also result from touching hot objects, such as overheated pipes, tools, or engines.
• Electrical burns. These are some of the most severe construction site burn injuries. They occur when skin comes in contact with overheated electrical equipment, or when electrical wiring ignites clothing.
• Chemical burns. While not as common as thermal or electrical burns in the construction industry, these burns are often serious. Chemicals used at construction sites frequently include solvents, glues, wet cement, paint, and paint thinner. All of these may be harmful to the skin, eyes, ears, and internal organs.

The Impact of Burn Injuries

Construction site burn injuries may result in:

• Severe pain. Burns are some of the most painful injuries construction workers may face.
• Lost wages. Nerve damage and persistent pain may prevent construction workers from returning to the job, resulting in a substantial loss of income.
• Scarring and disfigurement. Severe burns can cause a lifetime of scarring and disfigurement, requiring painful and expensive cosmetic surgery.
• Emotional scarring. The scars suffered by construction workers aren’t just physical. The shock caused by a serious accident, coupled with the loss in quality of life that comes with devastating burn injuries, can result in severe emotional distress.

Workers’ Compensation

If you’ve suffered burn injuries due to a construction site accident, you may qualify for workers’ compensation benefits. These can include medical treatment for your injuries, payments to cover lost income, disability compensation, and job retraining. If the negligent actions of a third party led to your injuries, you may also pursue compensation with a personal injury lawsuit.
You need an experienced attorney to help you receive the compensation you deserve. To learn more, contact the law offices of Steve M. Lee, P.C., by using the form on this page.


Workers’ Compensation for Burn Injuries

Your guide How To Avoid Mistakes When You Choosing Houston Truck Accident Lawyer?

We often hear that many clients complain about their auto accident lawyers who handle their cases. Avoid this mistakes in choosing Houston 18 wheeler accident lawyer to avoid such as problems.

• Not Reviewing the Lawyers Rates Early

Do not complain when you are charged with high and expensive costs if you are neglect to find out the rates of your lawyers before you decide to work with them. If there is an auto lawyer who talks about a rate to bribe since the beginning, you should directly reject that type of Houston truck accident attorney. It is because there is already ethic codes which forbid a lawyer to charge unnecessary costs to the clients. Moreover, any types of bribes are prohibited and you may get punished when you are caught.

• Choosing Lawyers Because They are Sympathetic

There are differences between Houston truck accident lawyer who is sympathetic towards your situation and the one who is capable to win or handle your case. Do not choose truck accident lawyers Houston because of their support or sympathy, but pay attention to their expertise and skills. Professional auto lawyers both sympathy and skills or expertise.

• Not Talking about the Time Availability

If you are using the services of a truck accident attorney Houston who does not enough time to handle your case, your needs of legal can be ignored. Make sure you talk about how much times you need and find a truck accident lawyer Houston who is able to fulfill your need of time. Also, make sure you choose the one who has times to handle your case until it is finished.

• Choosing the First Truck Lawyer Found

When you are buying a house, you definitely do not choose the first house you saw. It is the same thing in picking a truck accident attorneys Houston. You have to look for several truck accident lawyers, it will be better if they are from references to your acquaintances. Then, wisely choose one who is able to help you with solving your auto accident case.

• Not Meeting In a Person

It is getting general in this digital era that we communicate through e-mail, phone calls, and any via which the people do not have to meet face to face. And it is not good for such an important relationship with you and your truck accident lawyer Houston. In order to discuss your accident case and consult with your attorney, it will be better if you meet in a person. So that you are able to understand more what they lawyer says, especially if you do not really know about laws.

• Not Doing a Research by Yourself

Do not let anyone finding an auto lawyer for you, because you are the one who really knows about your case and your needs. Find references through online, reviews, testimonials, your acquaintances, and any possible ways you can do. Having a conversation with people who had worked with truck accident attorney Houston will also give you benefits. Ask them about the lawyers’ background, skills, characters, competency, and any things you want to know. So that you can find the one who is professional in helping you.

The post Mistakes in Choosing Houston Truck Accident Lawyer appeared first on Houston Personal Injury Lawyers TX.

Do You Know What Fees Are Relevant to Your іnjury?

One of the fіrst thіngs I’m asked іs how my fees work іn personal іnjury cases. Thіs іs partіcularly іmportant to іndіvіduals after an accіdent when they aren’t workіng and aren’ to earnіng any іncome as a result of theіr accіdent. When your іncome stops due to a personal іnjury, your lіfetіme can quіckly become overwhelmed wіth bіlls pіlіng up and hіgh levels of fіnancіal straіn. All attorneys have dіfferent fee structures. Some Houston TX injury attorney ask for money up front. Some lawyers charge theіr hourly rate as the case goes, and іf you don’t cover that hourly rate, they won’t work. Some attorneys work on a contіngency basіs. It’s to your advantage to hіre a personal injury attorney Houston Texas that can guarantee you excellent legal help wіthout you payіng heavy fees upfront. Only іn thіs way can you feel safe your case іs strong enough for a law fіrm to take the prospect of workіng on your case.

Though from tіme to tіme, any great Houston TX injury attorney wіll need a retaіner fee, thіs іs usually not requіred. It’s also to your best іnterested to supply all of the іnformatіon for your іnjury attorney as quіckly as possіble: іnformatіon such as the medіcal reports and fіndіngs of your іnjurіes, and wіtnesses wіllіng to go on record wіll also be vіtally іmportant. The more іnformatіon you may supply to your іnjury attorney, and the faster you can provіde thіs іnformatіon, the better and stronger your case becomes. Contrary to popular belіef, contіngency fees are legal іn Texas. A contіngency fee agreement means that the Houston TX injury lawyer won’t ask you for any fees untіl іt settles. When the case settles, your attorney wіll take a percentage of the award to account for theіr fees. The lawyer takes a bіg rіsk іn thіs sort of agreement because they rіsk not gettіng paіd at all іf they could ‘to recover anythіng to your settlement. But, thіs agreement іs partіcularly great for the clіent and theіr loved ones, because they don’t need to worry about the payіng theіr attorney or fіnancіng the costs untіl the case іs resolved. Personal injury attorney Houston TX understands іt can be very dіffіcult for accіdent vіctіms to fіnance theіr іnstances; whіch іs why many Houston TX injury attorney have adopted contіngency fee agreements for theіr clіents. Thіs іs very іmportant because іt gіves people who wouldn’t otherwіse have the abіlіty to afford the prіce of an attorney, access to the courts and access to justіce. Your abіlіty to afford a іnjury attorney must be easіly avaіlable. Otherwіse, you’ll be not able to fіnd the legal help you want to be compensated for your lost іncome, іncludіng your paіn and sufferіng. іt’s essentіal to hіre a personal injury attorney in Houston TX on a contіngency fee basіs; so you don’t need to pay untіl your case settles.

To conclude, fіndіng a good attorney and supplyіng іnformatіon quіckly regardіng your case іs the іdeal way to wіn your case. You may normally secure a contіngency fee agreement wіthout much trouble to allow you to relax and not worry about payіng large upfront fees.
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Yet Another "Turning Left In Front Of A Motorcyclist" Crash.

It happened AGAIN. Another phone call to my office. "My husband was hit by a driver (this time by someone operating a piece of agricultural equipment) who turned in front of him." As is typical, the injuries were horrendous. Numerous fractures, surgeries, lousy hospital and rehab center food, immobility, physical therapy, lifestyle changes, arthritis--you name it.

It's an all to familiar story for me as a personal injury attorney. This is probably the 12th consecutive "left turn in front of the motorcyclist" case I've handled in the last couple years. As always, there are 2 common denominators: the driver of the offending vehicle "never saw the motorcyclist," and the injuries to the motorcyclist are always serious.

It has to be disconcerting to riders that someone can turn abruptly in front of them and not see or hear them. But it happens all of the time. Riders have asked me over the years: "How can this be avoided?" Many times, it can't be. Every single one of my clients were free from fault, and riding their motorcycle safely and legally when they were hit. You can't control other peoples' inattention and other idiocy, like texting and other distracted drivers.

But my best advice to riders, as someone who's handled so many motorcycle accident cases over the years, would be:

DON'T SPEED.  If you are not speeding, you do not lose your right of way under the law. Besides, speeding can (in some cases, but not all) reduce reaction time to avoid the crash.

WHEN APPROACHING AN INTERSECTION OR SIDE ROAD, PRESUME THE WORST: THAT EVERY DRIVER MAY SUDDENLY TURN IN FRONT OF YOU. In most cases, this may not help you at all. But it might in that one in a hundred scenario.
client
WEAR BRIGHT CLOTHING AND AS MUCH SAFETY GEAR AS POSSIBLE. Yellow may be loud and gaudy, but it just might make you more visible. A yellow helmet did not protect my
client in a recent left turn crash, but, again, it might help in certain scenarios.

The real shame here is that the REAL focus should be on the car and truck drivers' actions and why they SHOULD but don't see you as a motorcyclist. You as a rider cannot control that. But you can control  some variables that just might decrease the chances of being involved in a crash, or increase the chance of avoiding a crash, however slight.

PURCHASE AT LEAST $250,000 OF UNINSURED/UNDERINSURED MOTORISTS' COVERAGE FOR YOU AND YOUR MOTORCYCLE. IF YOU CAN AFFORD $500,000, BUY IT!

I'll make this simple: bad crash + hundreds of thousands of dollars in medical bills + bad driver has little or no liability insurance + you had little to no uninsured/underinsured motorists' coverage ='s you recover little to nothing or file bankruptcy. If you want more information on this equation, I wrote a book on the subject. Call and ask for it--it's FREE.


Yet Another "Turning Left In Front Of A Motorcyclist" Crash first post here

The Qualities of a Good Personal Injury Lawyer

Consideration has been given for the editing and publishing of this post

When people are confronted with personal injury for themselves or for family members, they want a lawyer who gives them the legal support they need to get on with their lives. The way to achieve this is to find the best personal injury lawyers in Toronto. Lawyers who specialize in personal injury such as the lawyers at HSH Personal Injury Law will have in-depth knowledge of personal injury law and years of experience in the field. Insurance companies also know the lawyers in their region, and their success rates. This can make a difference whether the insurance company wants to take the risk of going to court.

The Client Needs to Feel Confident

Good lawyers are good communicators. They keep their clients in the loop and establish a good lawyer-client relationship. Clients must feel comfortable asking questions and must get clear answers in order to maintain trust in their lawyer.

Specialization

Clients not only need a lawyer who specializes in personal injury cases, but also in other aspects of personal injury law. Many clients want to take a settlement offer and need to trust their lawyer to know if an offer is fair or not. The lawyer needs to be willing and able to take the case to court if necessary. If the insurance company sees that the lawyer has never tried a case in court, it may keep any settlement very low in the hope the lawyer will lose at trial.

Success Is Key

Clients have the right to know if the personal injury lawyer they are considering hiring has a good success rate in his or her previous cases. They will not only want to know how many cases were won, but also how much compensation the lawyer was able to secure. Prospective clients may also ask to speak to the lawyer’s previous clients or look online for testimonials and comments about the lawyer in question.

Tenaciousness

In order to feel confident, clients need to see that their lawyer will fight for them. Insurance companies generally keep records of lawyers who have won major settlements in court and are more likely to provide a higher settlement to avoid going to court against those lawyers.

Questions a Client May Ask

• How much time will the lawyer actually spend on my case?
• Who will handle my case? Will it be handed over to paralegals?
• Does the office have adequate support staff?
• How will my lawyer communicate with me?
• Does the law office take every case or only ones it feels it can win?

In order for lawyers to attract and keep good personal injury cases, clients need to feel valued by their lawyer and have confidence and trust in his or her abilities. Clients can immediately feel as if they are just another case or if their problems are being handled with integrity and compassion. When anyone is facing personal injury, his or her life is disrupted, maybe forever. They may not be able to think clearly and need to rely on their lawyer to organize the way forward. To give the client peace of mind at this time is a great gift, and to win a fair and sizable settlement or to win in court is the best beginning of their life after personal injury.

The Qualities of a Good Personal Injury Lawyer was posted here first

Personal Injury 2018 - some thoughts and predictions!

As the sun goes down on another year, we all look forward to what lies ahead. I will make some resolutions that will last a day or so. I also like to predict what lies in store. I normally predict, with great confidence, that Everton will win a major trophy. Read into that what you want. With that in mind, here are some thoughts for 2018!

1.     By the end of 2018 we will know with some certainty, the date in 2019 when fixed fees will be introduced for Personal injury and Disease Claims. This will largely follow the recommendations in Jackson’s July 2017 report including the Intermediate Track and the four bands – with disease cases becoming subject to FRC but at the highest band. NIHL Claims will be subject to the costs and procedure agreed between Claimants’ and Defendants’ representatives and approved by Jackson. Clinical Negligence cases up to £25k will become subject to some limited form of FRC following further discussions between representatives of each side. My hunch is that April 2019 will be the date but it could even fall to October 2019. I wouldn’t rule out 2018 but neither would I put money on it.

2.     I expect there to be a regrouping of the Claimant PI sector with a growth in the number of smaller niche firms. Ever since the 2004 Clementi report there has been a consensus that big is best. But big is also expensive with many hungry mouths to feed. This will happen alongside a revival of the old style high street practice with less dependence on CMCs and a greater emphasis on local marketing and passing trade. Firms who downsize and control expenses will actually be better equipped to manage the inevitable changes, with some consolidation and then organic growth. This flies in the face of most commentators who predict that many firms will fall by the way and that we will be left with a small number of mega providers. I think some smaller firms who fail to adapt will struggle. Bigger firms will also struggle. Growth from grassroots will in my view be an exciting an unexpected outcome. All of this will happen alongside the relentless march of Social Medial and Robots (see below)

3.     Alongside the above there will be a continued growth in the number of ABSs, particularly in the RTA sector. It will certainly make commercial sense for hire companies and repairers to develop their legal work from within. This is more likely to be based on a smaller grouping of providers working together rather than the huge monoliths which have failed so badly.

 4.    One factor driving a move towards smaller entities providing PI work will be the ever-accelerating power of Social Media and Artificial Intelligence. Social Media platforms provide quick and affordable marketing to a huge potential audience. I was a Conference in 2016 at which someone from Google stated that YouTube was the world’s second largest search engine –

5.    Videos are easy to make. Video marketing lends itself to a person-centred approach which is very suitable for smaller units, which emphasise a closer client/lawyer relationship. Client communication will also change dramatically as emails fall in use and messaging apps such as The Link App come to the fore.

6.    I recently used LISA to draft an Non-Disclosure Agreement . It took less than 15 minutes to produce the document which required little amendment. This is one example of a trend which will continue to grow at great pace.

7.    As all of this progresses throughout 2018 I think more individuals and smaller firms will say –‘With all of this happening, I can provide a good service, earn a reasonable living and have a life’. I am already in contact with lawyers who are thinking along these lines.

8.    Firms who traditionally did Fast Track PI work will continue to diversify into Multi Track PI, Disease and Clinical Negligence where there will be some scope for targeted marketing as the influence of CMCs fades. The firms who focus on excellence and professional service can do well. The current trend for Holiday Sickness and Cavity Wall claims will play a role for a year or so but probably have a limited shelf life.

9.    Further reforms to litigation costs will find their way on to the agenda. QOCS needs a complete overhaul. Any system under which Defendants can only recover their legal costs by proving fundamental dishonesty on the part of the loser is bound to end in tears. This needs a root and branch re-think. Will this lead to a move away from any recoverable costs to be replaced by Damages Based Agreements and an increase in the level of compensation? I think that this will certainly be discussed by the end of the year - for good or for bad.

So, these are my initial thoughts for 2018. Some may disagree. I would love to discuss! It promises to be a busy time, a time of much upheaval but also a time of some optimism for those who can see change as an opportunity rather than a threat.

Happy new Year.

Post first publish at http://thestevecornforthblog.blogspot.com/2017/12/personal-injury-2018-some-thoughts-and.html