Be careful how you use social media following an accident

Social media has become part of the fabric of our daily lives. Especially at a time when we’re feeling distant from even our next-door neighbors, the desire to reach out to others is particularly strong. Oversharing during these challenging times is easier than ever. However, if you were injured in an accident and are thinking about a personal injury claim, you should be extremely cautious with what you choose to post.

Many things can be open to interpretation

If your arm is in a cast, or if you have suffered burns or lacerations, it is visibly evident. But what about injuries that may not be so visible? Injuries to the back and neck or soft tissue injuries will not show up in your photos. You might be suffering from a back injury that makes movement painful. However, if you decide to take a skiing trip, an insurance representative or a jury will be likely to treat your claim with a healthy amount of skepticism.

Similar rules apply if you’re seeking damages for pain and suffering. You don’t have to shut yourself off from the world. However, if you’re claiming that an accident has had a major impact on your life, you should think twice about posting evidence of you and your friends having a night on the town. People’s perceptions can have a significant impact on your claim. It doesn’t matter if those perceptions don’t reflect the reality of your situation.

Think hard about what you’re posting

You should always consider what you’re putting out there for the world to see. That’s good advice for the estimated 70 percent of Americans who engage in some form of social media. However, this advice is especially important if you’re stating a claim for a personal injury. Do not post:

• Photos of your injuries
• Photos of the accident scene
• Any information concerning your medical condition or treatment
• Information involving your legal claims

One of the potential problems with social media is that it involves other people. You should ask your friends and family members to keep you out of posted photos until your case has been resolved. It can be difficult to make these demands on yourself, much less others. However, the last thing you want to do is to damage your case inadvertently.

Be careful how you use social media following an accident

Does bad weather lessen the blame for car accidents?

Winter weather presents its share of driving challenges. Often, driving can feel more like skating, albeit behind the wheel of a vehicle that weighs thousands of pounds. Given these challenges, does winter weather reduce liability for accidents?

Drivers owe one another a duty of care

When you get behind the wheel, you owe other vehicles and pedestrians a duty of care. This is legalese for paying attention. It’s expected that you will obey traffic signals and yield to those who have the right of way. When another driver travels well above the speed limit or views stop signs as optional, they violate this duty. If an accident happens, they may be negligent and held liable for their reckless actions.

But what if a driver is obeying the speed limit in the middle of a snow or ice storm, is unable to stop in time, and crashes into another vehicle or pedestrian? As long as they were obeying the speed limit, it’s not their fault, right?

The duty of care is not static. It may change depending on weather conditions. You should always be adjusting your driving habits in light of the weather. For the most part, speed limits are set for dry, clear conditions. Traveling at 65 mph when the roads are icy and you can’t see more than 100 feet ahead of you isn’t wise. In fact, it would probably be considered negligent if you caused an accident. Other precautions drivers should take in less than ideal driving conditions include:

• Using windshield wipers
• Turning on their headlights
• Using the proper tires for the season and road conditions
• Leaving plenty of distance between vehicles

It’s possible for a storm to come out of nowhere, providing you with no time to adjust, resulting in an accident. However, in general, a failure to take adequate precautions could be a significant factor in determining liability in a car accident case.

Does bad weather lessen the blame for car accidents?

Distracted driving has consequences

If you’ve been injured in a car accident, it’s important that you educate yourself on what determines whether or not a driver was distracted. In the state of New York, the law prohibits the driver of a vehicle from using any portable electronic devices. This includes holding an electronic device and sending, reading, composing, accessing, transmitting, browsing, saving, or accessing electronic data such as text messages, email, webpages or images.

Why distracted driving is dangerous

When operating a motor vehicle, there is a lot that you need to focus on. Other drivers, the road, weather conditions, the operation of your vehicle, and any kind of warning lights or signs.

Other factors that cause distracted driving

Over and above the legal definition, these activities can also cause a driver to become distracted:

• Eating while driving
• Talking to other passengers
• Fiddling with knobs/controls in the car
• Playing loud music
• Smoking
• Personal grooming (putting on makeup/shaving)
• Sleep deprivation

Distracted driving is on the rise. The proliferation of personal electronic devices has added a new dimension to the driver’s experience, and the ability to “stay connected” while on the go is actually turning out to be a detriment to safety. According to the National Highway Transportation Safety Administration 2,841 people died in 2018 due to distracted driving.

What you can do to stay safe

Make sure that you have minimized your distractions every time you get in your car. Turn down the radio, turn off your cell phone, and stay alert to changing road conditions and the actions of other drivers. If you have been injured in a car accident, it is in your best interests to contact an attorney.

Distracted driving has consequences

The 100 deadliest days and what parents of teen drivers can do

The roads around New York can be dangerous for drivers, especially inexperienced teen drivers. Drivers from the age 16 to 17 are three times likelier to be in a fatal crash than are adults.

Perhaps you or your teenage son or daughter was in an accident. Fortunately, there were no fatalities, but there are mounting medical bills to deal with as well as lost wages and pain and suffering. You may be able to file a personal injury claim if the losses cannot be covered by your own insurer.

Teen drivers and negligence

The other side may put up a strong defense, though, especially if it was your teen who was driving. Teens are notorious for being negligent or reckless drivers, and a recent Traffic Safety Culture Index from the AAA Foundation for Traffic Safety shows what unsafe actions are most common among them.

In the survey, 72% of respondents aged 16 to18 said they were unsafe drivers in the past 30 days. Of these, 87% mentioned speeding: 47% in a residential area and 40% on the freeway. This was followed by texting at 35% of respondents, running a red light at 32%, aggressive driving at 31% and drowsy driving at 25%. Seventeen percent admitted to not wearing their seat belt.

Preparing for the 100 deadliest days

Teen driving crash fatalities rise each year between Memorial Day and Labor Day: what safety experts call the “100 deadliest days.” Between 2008 and 2018, there were over 8,300 such fatalities during this period.

Parents are expected to encourage and instruct their teens so that they become safer drivers. AAA recommends having at least 50 hours of coaching sessions before the 100 deadliest days and setting up a parent-teen driving agreement.

A lawyer focusing on personal injury cases

Under this state’s personal injury law, you may be eligible for compensation even when you are partially at fault. Of course, the damages you recover will be proportioned to that degree of fault. By hiring a lawyer who focuses solely on personal injury cases, you may be able to seek out the maximum possible settlement.

The 100 deadliest days and what parents of teen drivers can do

How Much Can I Sue for a Dog Bite?

When it comes to a dog bite case, the dog owners will usually be held liable. This means they need to pay for your medical bills. In some extraordinary circumstances, the dog’s owner won’t have to cover these bills and might not be found responsible.
A dog owner is held responsible (sometimes called strictly liable) for injuries caused by their dog, but it is their homeowner’s insurance policy that will actually pay for your medical costs or emergency room visit.
How Much Can I Sue for a Dog Bite?
Not all dog attack cases will have severe injuries or equate to large monetary damages. Typically, larger monetary awards occur if an animal attack:

Leaves visible scarring or disfigurement (these cases can involve settlements over $100,000)

Results in permanent disability (these cases can involve settlements over $200,000)
Requires emergency medical attention
Requires surgery or extended medical care
Results in the need for mental health therapy focused on victims of dog bites (such as PTSD counseling)

On average, people can expect around $40,000 for a severe but typical dog bite injury, though it all depends on the actual injuries and financial damages suffered. An injury settlement or award will generally reimburse an injury victim for their medical bills, out-of-pocket expenses, lost wages, and other consequential damages.
If a person receives a settlement that includes reimbursement for medical bills, they may be required to pay back a health insurance company or pay outstanding medical bills (if any). Most of the money recovered will go to covering these medical bills.
Dog Bites in Small Claims Court
You can take your claim to small claims court without a lawyer ? but most counties/states cap small claims court settlements at $10,000 or less. If your injury is severe, or you think your medical bills will cost more, you may want to seek legal advice on filing a lawsuit.
Keep in mind: Small claims court requires you to prepare your case, present it, and take time off work to handle the research and court dates. For some people, paying an attorney to handle a dog bite liability case is cheaper in the long run, and an attorney tends to recover more money for you.
"Pain and Suffering" Compensation
Some people can also receive money for pain and suffering after a severe dog bite. Usually, this money (called "damages") for pain and suffering will depend on:

The severity of the injury
The extent to which the recovery and injury disrupted a person’s regular life

There is no standard payment amount for pain and suffering. Your settlement offer will list an amount of money, and your personal injury attorney will accept or negotiate the offer. You can always ask for more or say you will not accept the offer.
Should I Sue After a Dog Bites Me?
After being bitten by a dog, you may be very upset to the point where you may consider suing just to get back at the owner or because it feels like you should take action.
But you should consider the pros and cons of going to court. If you decide suing is the right choice, you should consider when to bring legal action and if it is worth your time.
A pet owner’s homeowners or renters insurance provides coverage for dog bites, but not everyone has this insurance. If the pet owner responsible for your injuries is uninsured and has no assets, there may be no way to actually collect a judgment or receive money. The decision not to sue for this reason, however, should be carefully evaluated with the help of a dog bite attorney.
Also, if you decide not to sue, you may wish to re-evaluate that decision down the road. Small injuries can become worse over time, or injuries might not show up until weeks later. In any case, it is a good idea to get a medical evaluation of your injury. Then, consider speaking with a lawyer.
A dog bite lawyer is the right person to evaluate the value of your dog bite lawsuit. In general, bigger injuries (or more traumatizing situations) mean larger monetary settlements.
But be warned, most injury claims must be brought within one or two years, depending on your state’s statute of limitations.

The post How Much Can I Sue for a Dog Bite?  appeared first on Rutberg Breslow Personal Injury Law.

How Much Can I Sue for a Dog Bite? 

Do You Need a Lawyer for a Workers’ Comp Case?

Many people wonder if they need a lawyer to get workers’ compensation after a work-related injury or illness. The best answer is: "It depends."
If you suffered a minor injury, have a good relationship with your employer, and you understand the workers’ comp process, then you may not need an attorney.
But if you suffered a serious injury or illness, or your employer is arguing that you are not entitled to benefits, you will likely want to contact an experienced workers’ comp lawyer who can help you stand up for your rights.
Can You Represent Yourself?
In some cases, workers can represent themselves in a workers’ comp case and reach a fair outcome. In order for that to be true, the following should apply:

Your injury is relatively minor, like a sprain, strain, or cut
You did not miss very much work (if any)
Your employer admits that your injury or illness is work-related
You do not have a related pre-existing injury or illness

If all of the above are true in your situation, you may be able to go through the workers’ comp process without a lawyer’s help. However, it’s still a good idea to meet with a workers’ comp lawyer who offers free consultations for guidance. The lawyer can give you an overview of the process and answer questions you may have.
In What Scenarios or Situations Should You Consult a Lawyer?
As stated above, it’s probably a good idea to meet with a workers’ comp lawyer who offers a free consultation no matter how straightforward your workers’ comp case may seem.
And you should hire a lawyer to help you with your workers’ comp case if there is anything that makes your situation more complex. Examples of issues that can complicate workers’ comp claims include:

Your employer doesn’t agree that your injury or illness is work-related, or your claim has already been denied
You get a settlement offer that does not include all of your lost wages or medical bills
You cannot return to work because of your condition, or your condition prevents you from doing the same job
You receive (or plan to receive) Social Security Disability benefits
There was a third-party or a co-worker who caused your accident, such as a negligent driver who hit you while you were driving a work vehicle
You believe you were treated unfairly or penalized at work because you filed a workers’ comp claim

Why Do People Hire Attorneys for Workers’ Comp?
Unfortunately, employers or their insurance providers often deny workers’ comp claims, even when they shouldn’t. Many people hire attorneys for workers’ comp claims to help them get fair compensation.
The Workers Compensation Research Institute (WCRI) wanted to find out more details about why injured workers hired attorneys, so they took a survey of 6,823 injured workers.
Interestingly, they found that most people with a workers’ comp case (71%) did not hire an attorney. Of the people who did hire an attorney for their workers’ comp case, most said they did so after feeling threatened ? either by their employer or by the workers’ comp process in general.
Surprisingly, almost half (46%) of those surveyed said they hired an attorney because they mistakenly believed their claims were denied, when in fact, their claims had not yet even entered the system.
Other factors that led injured workers to hire lawyers included the severe nature of their injuries, the size of the employer, the employee’s tenure with the company, and the employee’s age, according to the survey.
What Does a Worker’s Comp Lawyer Do?
You may be wondering what you can expect from a workers’ compensation attorney, if you decide to hire one. Here are tasks that workers’ comp attorneys handle for their clients:

Make sure all the correct forms are filed before deadlines
Communicate with the insurance provider on your behalf
Gather medical evidence that supports your claim
Negotiate a fair settlement with the insurance provider
Write a settlement agreement, protecting your rights
Attend a hearing on your behalf, if necessary

Many people find that it can be very difficult to go through the workers’ comp process alone in more complex cases, or cases involving serious injuries or illness. Workers’ comp attorneys offer guidance and fight for fair compensation for their clients.
How Much Does a Worker’s Comp Lawyer Cost?
Most workers’ comp attorneys work on a contingency fee basis. That means they are not paid until you receive a settlement. The fee charged depends on many factors, such as your geographic location and how experienced the attorney is. Many states have laws that cap the percentage workers’ comp attorneys can take at between 10% and 20%.
This is a good question to ask at your initial consultation with a workers’ comp attorney.

The post Do You Need a Lawyer for a Workers’ Comp Case?  appeared first on Rutberg Breslow Personal Injury Law.

Do You Need a Lawyer for a Workers’ Comp Case? 

Plaintiffs Look to D.C.’s ‘Lookback Window’ to Broaden Boy Scout Sex Abuse Suits

Many adults who try to achieve justice for being sexually abused as children discover too late that they’ve run out of time to file a claim.
In the legal system it’s known as a "statue of limitations," and it’s at the heart of a novel civil lawsuit that’s been filed in Washington, D.C. against the Boy Scouts of America. The suit’s eight plaintiffs, who contend that they were sexually abused when they were young Scouts, are seeking to get around the statutes of limitation in their own states by arguing that their case should be heard in the nation’s capital.
Why?
Because Washington, D.C. is where BSA was founded and incorporated, and because Washington has opened a two-year "lookback window" that gives victims a chance to bring claims that were previously barred by statutes of limitation.
In opening that window in 2019, Washington, D.C. joined 24 states in taking steps to give sexual-abuse victims greater opportunity to file claims. California, for instance, has opened a three-year window for potential claims regardless of age.
The eight plaintiffs are not from one of those states, so there’s not much they can do about the wrongs that may have been done to them long ago ? unless they can convince the U.S. District Court for the District of Columbia that all former Scouts have a right to sue due to BSA’s alleged physical location.
A group of lawyers called Abused in Scouting filed the case in federal district court in Washington, D.C. Jan. 6, saying they sought to hold BSA accountable for "covering up decades of organization-wide sex abuse."
?Plaintiffs should not be denied a remedy by the happenstance that they were abused as a child by a BSA scoutmaster or scout leader in a state without a window statute," their complaint reads.
In a press release issue Jan. 6, the lawyers group said that it now represents 1,551 men who claim to have been molested while they were in the Scouts.
Legal Challenges Facing the Plaintiffs
The plaintiffs, however, appear to have an uphill fight on their hands.
First, BSA’s national headquarters is in Irving, Texas; not Washington, D.C. Second, none of the plaintiffs live in D.C. Sexual-abuse cases are typically brought in areas where the incidents occurred.
Attorney Phil Cammarata, who represented Bill Clinton accuser Paula Jones and several Bill Cosby accusers, told the Washington Post that the plaintiffs in the Boy Scout case "might have a tough row to hoe."
"They would have to convince a court that somehow, although the act occurred outside of D.C., that the corporation is responsible for the act in D.C.," he told the Post.
The plaintiffs’ lawyers, however, argue that BSA should be held responsible in the D.C. court for abuse throughout the country because the federal charter from Congress makes Washington, D.C. it’s official home.
The charter requires BSA to deliver an annual report to Congress, and the lawyers argue that the organization has been negligent in not informing Congress that it had been "infiltrated by tens of thousands of pedophiles and that hundreds of thousands of Scouts have suffered sexual abuse. BSA withheld this horrific truth, all while marketing scouting as a safe and moral activity for kids."

The post Plaintiffs Look to D.C.’s ‘Lookback Window’ to Broaden Boy Scout Sex Abuse Suits  appeared first on Rutberg Breslow Personal Injury Law.

Plaintiffs Look to D.C.’s ‘Lookback Window’ to Broaden Boy Scout Sex Abuse Suits 

Is It Legal for Police to Have Sex With Those in Custody?

Two Pennsylvania lawmakers don’t think it’s right that cops in that state can legally have sex with people in their custody. They’re proposing bills to prohibit it.
But before you conclude that Pennsylvania is a weird place for letting their police officers do that, consider this: 31 other states also allow it.
We’re talking consensual sex, mind you. If cops force themselves sexually on those in their custody, they can face criminal charges like anyone else.
But the problem here is obvious. Police officers have great authority over people they place in custody. And they can use that authority to convince a detainee to engage in "consensual" sex in exchange for release or leniency.
Hundreds of Incidents Nationwide
The practice, apparently, is widespread.
In 2015, the Buffalo News conducted an exhaustive national analysis of sexual encounters between cops and detainees and found 700 credible cases over a 10-year period. The News found that badge-wearing violators "pulled over drivers to fish for dates, had sex on duty with willing or reluctant partners, extorted favors by threatening arrest and committed rapes."
There’s been a growing awareness since then, and especially since a highly publicized incident in New York in 2017, that this is a problem.
The New York Case
The New York case in question involved NYPD officers who were charged with raping a handcuffed 18-year-old woman, whom they’d arrested on drug charges, in the back of a police van. DNA found on the woman during an exam at a medical center that night matched the officers.
After the woman filed charges, the cops responded by saying the sex was consensual. And that argument, as much as anything else, is what fueled widespread outrage in New York. The very counterargument that the officers were making ? that the sex was consensual and they were therefore innocent ? caught people by surprise.
Lawmakers were apparently surprised, too, because four months later the legislature passed a law prohibiting consensual sex between police and anyone in custody. After New York acted, reducing the number of states allowing sex between cops and detainees, three more states followed suit.
The two officers voluntarily resigned from the NYPD, but the story roared back to life in October of this when a judge hearing the case against them announced his decision. The two men would serve no jail time. Instead, they were sentenced to five years’ probation.
The ruling provoked another outcry. And more reactions, like those of the two lawmakers in Pennsylvania, that laws need to change.

The post Is It Legal for Police to Have Sex With Those in Custody?  appeared first on Rutberg Breslow Personal Injury Law.

Is It Legal for Police to Have Sex With Those in Custody? 

Can Video Games Be Addictive? Fortnite Lawsuit Says Yes

We’ve all heard the confessionals by video game players who sacrificed their jobs, their relationships, or their educations to their gaming obsession. But can video games be truly addictive, like drugs?
People who have joined a class-action lawsuit against a game company in Canada say yes. The defendant company, Epic Games, is the creator of Fortnite, an extremely popular third-person shooter game. A Montreal law firm, Calex Legal, has created a class action on behalf of two parents who claim that the game is as addictive as cocaine and has harmed their two children, ages 10 and 15.
Their complaint argues that Fortnite, when played for a long time, results in players’ brains releasing dopamine in the same way drugs do, causing a chemical addiction. The lawsuit further contends that the game’s developers hired psychologists to help them make the game as addictive as possible.
Modeling their lawsuit after class-action lawsuits against Big Tobacco in the U.S. and Canada, the law firm is contending that the defendant knew of the dangers and failed to warn players. In this case, the two parents say that had they known of the risks, they never would have allowed their children to even start playing Fortnite.
How the Effects of Video Games and Drugs Are Similar
So, what kind of evidence exists to support their claim?
For starters, the World Health Organization recently classified "gaming disorder" as an actual disease to be listed on its International Classification of Diseases. (The American Psychiatric Association’s classification system, the Diagnostic and Statistic Manual of Mental Disorders, says that "internet gaming disorder" needs more research.)
In 2018, researchers at Nottingham Trent University in the United Kingdom conducted a sizable review of the studies that have been done on gaming disorders and found strong consensus that the neurobiological effects of gaming addiction and drug addiction are similar. These included "poorer working memory and decision-making capabilities, decreased visual and auditory functioning, and a deficiency in their neuronal reward system."
On Oct. 22, the New York Times took a deep dive into the subject of video game addiction and found that in the gaming industry it is "an open secret" that the games are designed to be addictive. "With the help of hired scientists, game developers have employed many psychological techniques to make their products as unquittable as possible," Ferris Jabr writes. For instance, according to Jabr, a typical allure to keep players playing is the use of "intermittent reinforcement," where players receive rewards at random intervals.
Drug Analogy Also Has Doubters
Despite these findings, however, there are plenty of people who say there’s nothing that makes video game obsessions more intense than other activities. "The same can be said of many activities; people overdo it with sex, food, exercise, work or religion," says Stetson University psychology professor Christopher J. Ferguson, writing in U.S. News and World Report. "(T)he solid, consistent and well-validated research base necessary to label video game addiction a disease or disorder has not materialized."
Addiction or not, parents who believe their children are spending too much time playing video games might consider a few measures to reduce that activity:

Encourage them to engage in more physical activity.
Talk with children about what they like about gaming. This might help to identify whether they might be using gaming to escape other issues.
Limit the hours when they can play the games.
When calling them off the game, ask how much time they need to finish the game. Then be firm in holding them to that time.

The post Can Video Games Be Addictive? Fortnite Lawsuit Says Yes  appeared first on Rutberg Breslow Personal Injury Law.

Can Video Games Be Addictive? Fortnite Lawsuit Says Yes 

Halloween Safety Tips

For kids, no holiday can match Halloween for pure fun: Scary costumes, trick-or-treating, class parties, trips to haunted houses, and lots and lots of candy.
Unfortunately, however, it’s also one of the most dangerous times of the year for kids.
While the stories of razor blades in apples or poisonous candy are exceedingly rare, children face plenty of other risks on Halloween.
Children wearing loose-fitting costumes can trip and fall, pointed objects like canes or swords can cause eye injuries, and pumpkin carving always creates a spike in hand and finger injuries, according to orthopedic surgeons.
But the biggest danger is automobiles. According to the organization Safe Kids Worldwide, children are roughly twice as likely to be struck and killed by a car on Halloween than on any other night.
It’s usually dark when trick-or-treaters are out, and they might dart out into roadways in their excitement. Meanwhile, motorists are more apt to have been drinking, due to the popularity of Halloween events in bars. The result, according to a study published in JAMA Pediatrics in January, is a 43% heightened risk of pedestrian fatality compared with other autumn evenings.
Safety pointers
Therefore, if you want to keep your little trick-or-treaters safe on Halloween night, here are a few steps you should consider:

Be sure that costumes fit properly to reduce the risk of tripping. Discourage dark costumes in favor of brightly colored ones.
Be sure that masks fit properly and do not impair vision or breathing.
Choose face paint and makeup instead of masks as much as possible.
Keep candle-lit jack-o-lanterns away from locations where children can brush against them. Consider using LED lights inside them instead.
Put reflective tape on treat bags. Keep toys with small parts away from children under age 3.
Remind children to walk safely: Watch for traffic, cross streets at corners using signals and crosswalks, and make eye contact with drivers before crossing in front of them.
Have kids wear glow sticks or flashlights to help them see and be seen by drivers.

In addition, you should always accompany young children on their neighborhood rounds. If children are old enough to go alone, plan and review a route that is acceptable and specify a time when they should be home.
Halloween is an exciting time for kids. By paying attention to a few simple rules, you can help them to enjoy it safely.

The post Halloween Safety Tips  appeared first on Rutberg Breslow Personal Injury Law.

Halloween Safety Tips 

Terrifying Elder Abuse Scheme Exposed at N.C. Nursing Home

Placing a loved one in a nursing home or assisted living facility, whether it is their choice or yours, is almost never easy. It is tough to place your trust in a facility to look after your loved one’s every need ? food, shelter, hygiene, medication, and more.
Most of us recognize the truly hard work that caregivers at these facilities perform, often for low wages. But the fact remains is that if you’re in the job, you have to give it your all, because residents are often relying on you for everything.
So imagine the horror that anyone with a parent or loved one in a nursing home must feel when reading that three employees at a North Carolina assisted living facility were arrested recently for organizing a fight club among elderly residents with dementia.
A Gruesome Discovery
Police in Winston-Salem began investigating the facility in June after receiving a tip. What they found shocks the conscience. The employees were encouraging residents to fight, videotaping the assaults, and sharing the videos on social media.
One of the residents was punched in the face and choked during one of the fights.
A further investigation into the facility uncovered a failure to distribute medication, review medical records, and properly train staff. The facility has been prohibited from admitting new residents since August.
Recognize the Signs of Elder Abuse
Incidents like this drive home the need for relatives to look out for their loved ones who live in nursing homes and assisted living facilities. Many times residents who face abuse or neglect are scared to speak up for fear of punishment.
Some of those signs of abuse and neglect include:

Bruising, cuts, burn marks, or other wounds
Poor hygiene
Weight loss
Malnutrition and dehydration
Confusion and disorientation
Depression, withdrawal, and a reluctance to interact with people

If you suspect that your loved one is the victim of abuse or neglect, it is important to contact the authorities immediately. After caring for their immediate safety, you should think about what your legal options are for recovering compensation for your loved one’s suffering. A successful lawsuit or settlement can also send a strong message to other bad actors in the industry.

The post Terrifying Elder Abuse Scheme Exposed at N.C. Nursing Home  appeared first on Rutberg Breslow Personal Injury Law.

Terrifying Elder Abuse Scheme Exposed at N.C. Nursing Home 

FDA Launches Criminal Probe Into Vaping Illnesses, Deaths

According to the Centers for Disease Control, 530 people have now suffered some vaping-related illness and seven have died. As those numbers are climbing, the Food and Drug Administration has opened a criminal investigation into the surge in sicknesses. This announcement comes on the heels of the Trump administration’s efforts to clamp down on e-cigarettes and vaping products aimed at children. More than half of the victims have been under the age of 25.
"Even though cases appear similar, it is not clear if these cases have a common cause or if they are different diseases with similar presentations, which is why our ongoing investigation is critical," the FDA announced. "CDC and the FDA are providing consultation to state health departments and working closely with them to gather information on any products or substances used." What could this mean for civil liability for vaping illnesses and deaths?
Sickness in the Supply Chain
The FDA has assured people that it is not looking to prosecute individual users, but is looking for information regarding what kind of vape products they used. "The focus is on the supply chain," Mitch Zeller, director of the FDA’s Center for Tobacco Products said. "We’re very alarmed about products containing THC."
While all the reported victims had a history of e-cigarette or vaping use, the specific product they were inhaling has varied. Most people admitted to using e-cigarette products containing THC, many said they used both nicotine and THC, and some reported using only nicotine products. Many also said the THC products they used were purchased illegally or on the black market.
"There may be a problem with source material or modification that may be occurring at different places," Anne Schuchat, the CDC’s principal deputy director, told reporters, adding that while the CDC is "working around the clock" to pinpoint what is making people sick, "it may take some time" before that is possible.
Causes and Legal Claims
The wide range of illnesses and products used makes it even more difficult to identify a single culprit, and officials from the FDA’s forensics lab affirmed that they have not identified a single e-cigarette product or substance as the source of the illnesses and deaths. That will also complicate personal injury or wrongful deaths claims based on product liability, especially if the product was purchased illicitly.
If you’ve been sickened by an e-cigarette or vaping product, seek medical attention immediately and share information with health officials to try and determine the exact cause. Then, you may want to talk to an experienced product liability attorney about your possible legal claims.

The post FDA Launches Criminal Probe Into Vaping Illnesses, Deaths  appeared first on Rutberg Breslow Personal Injury Law.

FDA Launches Criminal Probe Into Vaping Illnesses, Deaths 

Are Your X-Rays on the Internet?

The privacy of medical records can seem like a tough balance. On the one hand, you don’t want health data like X-rays, MRIs, and CT scans falling into the wrong hands. On the other, if you’re referred from one doctor to another, you might want your new physician to have access to your medical history without lugging an enormous file from one office to the next.
In any event, the last thing you want is your private medical information just sitting on a server, "unprotected by passwords or basic security precautions," free to be seen by anyone with a typical web browser. But a recent ProPublica investigation found that the diagnostic imagery of some 5 million American patients are being stored in such a state, despite repeated warnings from security analysts.
Medical Insecurity
ProPublica, along with German broadcaster Bayerischer Rundfunk, identified 187 computer servers storing medical data of both U.S. and international patients, "sitting unprotected on the internet and available to anyone with basic computer expertise":
The insecure servers we uncovered add to a growing list of medical records systems that have been compromised in recent years. Unlike some of the more infamous recent security breaches, in which hackers circumvented a company’s cyber defenses, these records were often stored on servers that lacked the security precautions that long ago became standard for businesses and government agencies.

According to the investigation, more than 16 million scans worldwide were available online — some viewable after typing in a simple data query — many paired with patient names, birthdates and even Social Security numbers.
"It’s not even hacking, said cybersecurity researcher and chief executive of the consulting firm Spyglass Security Jackie Singh. "It’s walking into an open door."
Hungry, Hungry HIPAA?
So, what can you do if you think your X-rays and other medical images are online? Likely very little, although the Health Insurance Portability and Accountability Act (HIPAA) mandates that health care providers to keep your personal data confidential and secure, ProPublica’s report describes several entities (from doctors, to hospitals, to radiologists) pointing the finger at each other and a "Band-Aid upon Band-Aid applied" to try and solve the problem. Investigators also found few consequences for HIPAA violators.
Still, if you can prove that your private medical information has been publicly compromised, you may have a legal claim under HIPAA. Contact an experienced health care attorney to discuss your claims.

The post Are Your X-Rays on the Internet?  appeared first on Rutberg Breslow Personal Injury Law.

Are Your X-Rays on the Internet? 

Billion-Dollar Opioid Bankruptcy: Purdue Pharma Files for Chapter 11 as Part of Settlement

Purdue Pharma, which made $3 billion in 2017 alone selling drugs that include the opioid Oxycontin, will declare bankruptcy as part of a potential settlement covering hundreds of lawsuits against the company. The announcement also comes amid allegations that the Sackler family — who own Purdue — used Swiss bank accounts to transfer $1 billion from the company to personal accounts to avoid its seizure in court.
So, what does the settlement and bankruptcy filing mean for people who have sued over opioid addictions or deaths?
Coping With Crisis
"This unique framework for a comprehensive resolution will dedicate all of the assets and resources of Purdue for the benefit of the American public," said Steve Miller, Chairman of Purdue’s Board of Directors. "This settlement framework avoids wasting hundreds of millions of dollars and years on protracted litigation, and instead will provide billions of dollars and critical resources to communities across the country trying to cope with the opioid crisis. We will continue to work with state attorneys general and other plaintiff representatives to finalize and implement this agreement as quickly as possible."
If only it were that simple. While Purdue has agreed to pony up over $10 billion to address the opioid crisis and settle claims from 24 state attorneys general, five U.S. territories, and certain plaintiffs from hundreds of other suits, several states have declined to sign on to the agreement and some plan to challenge it in court. It’s estimated that Purdue is facing a grand total of 2,600 lawsuits.
Follow the Money
So, how can plaintiffs get money from a bankrupt company? Purdue is filing under Chapter 11, which avoids asset liquidation and allows a company to maintain business operations and repay its debts over time. (Liquidation is possible under Chapter 11, but not guaranteed like under Chapter 7 bankruptcy proceedings.) So Purdue won’t exactly be shuttering its opioid operations or other drug sales any time soon.
Still, its plan for bankruptcy may run into similar roadblocks as its legal settlement agreement. Any Chapter 11 reorganization plan requires approval: Creditors holding at least two-thirds of the total debt amount and more than one-half of the total number of claims must agree to the plan. So it’s no guarantee that most of Purdue’s creditors will sign off, and some of those creditors may favor liquidation if they think it means they’re more likely to get repaid.
And the money trail may complicate matters as well. Court filings indicate members of the Sackler family received more than $4 billion from Purdue from 2007 to 2018, according to the AP, and much that wealth is believed to be held outside the U.S.
If you have or are considering filing a claim an opioid-related legal claim, contact an experienced personal injury attorney to find out how the settlement and bankruptcy could affect your case.

The post Billion-Dollar Opioid Bankruptcy: Purdue Pharma Files for Chapter 11 as Part of Settlement  appeared first on Rutberg Breslow Personal Injury Law.

Billion-Dollar Opioid Bankruptcy: Purdue Pharma Files for Chapter 11 as Part of Settlement 

Legal Liability Following Tragic California Boat Fire?

U.S. Coast Guard and Santa Barbara Sheriff’s officials believe they have recovered 33 of the 34 bodies of those who died in a boat fire off the coast of Southern California’s Santa Cruz Island. The victims were sleeping below deck of the commercial dive boat Conception when the fire erupted around 3:30 a.m. Monday morning. Five crew members, including the captain, were on the vessel’s third deck and were able to jump off before being rescued, while another crew member below deck perished.
Fire and Water

A team with the National Transportation Safety Board began investigating the fire, along with Coast Guard officials. The Conception was required to be inspected by the Coast Guard annually and was in full compliance with regulatory requirements, according to U.S. Coast Guard Captain Monica Rochester. She added that with rescue efforts now ceased, crews could focus on "why this incident occurred and what we can learn from this tragedy."
Authorities believe that flames moved quickly through the 75-foot vessel, blocking a narrow stairway and escape hatch leading to the upper decks, leaving sleeping passengers below virtually no chance of escaping. Inge Courtois, general manager of boat operator Truth Aquatics, told NBC News that the five surviving crew members had no choice but to jump off the ship or else they would have died.
Maritime and State Law
The cause of the fire has yet to be determined, but there will likely be some litigation following the deadly fire, and maritime injury laws may differ from those on land. Liability for wrongful death under general maritime law depends where the facts causing death occurred. If the deaths occurred within three nautical miles of the United States, state law supplements federal maritime law to provide a remedy, and state wrongful death statutes apply. In this case, it would be California’s wrongful death laws, and possibly common carrier liability, under which victims’ families would need to file suit.
If, however, the deaths occurred farther out at sea, a "decedent’s spouse, parent, child, or dependent relative" can sue the crew and even the boat itself under the federal Death on the High Seas Act. Damages in those claims, however, may be limited, and plaintiffs can’t recover for things like loss of society, loss of consortium, or punitive damages.
Wrongful death claims following boating accidents can be legally complex. Talk to an experienced wrongful death attorney if you have questions.

The post Legal Liability Following Tragic California Boat Fire?  appeared first on Rutberg Breslow Personal Injury Law.

Legal Liability Following Tragic California Boat Fire? 

Red Light Running Accidents: What You Need to Know

There are scary car accident statistics and then there are scary car accident statistics. This is the latter. A new study from AAA’s Foundation for Traffic Safety, 939 people were killed in red light running crashes in 2017, representing a 28 percent increase since 2012 and a 10-year high in the data.
A survey of drivers as part of the study also showed that 85 percent of drivers thought running a red light was very dangerous, but almost a third say they had done it within the past month. "More than 40 percent said they didn’t think police would stop them," according to AAA. "Nevertheless, it’s against the law and if a driver is involved in a deadly crash, it could send them to jail."
Per Se Legal Proof
Running a red light is a criminal offense (as is vehicular manslaughter). But breaking the law while behind the wheel could have civil lawsuit implications as well, thanks to a legal concept known as negligence per se. Negligence is a central factor in any car accident injury case, and a driver who violates traffic laws by running a red light before a crash is often considered negligent per se, because the law is intended to promote safety and avoid the kind of injuries that occurred.
In many jurisdictions, proof that the defendant violated a statute, regulation, or ordinance enacted to protect against the harm that resulted to the plaintiff means that the defendant’s negligence is conclusively established. In other jurisdictions, a defendant’s violation of a statute is merely evidence that the defendant might have acted negligently. So, evidence that someone ran a red light could go towards proving negligence and fault in a car crash, or it could decide the matter entirely.
Stopping an Accident
Demonstrating fault in any car accident claim can be tricky. But having evidence that one party ran a red light certainly helps. "Drivers who decide to run a red light when they could have stopped safely are making a reckless choice which puts other road users in danger," according to executive director of the AAA Foundation for Traffic Safety Dr. David Yang.
AAA also has some recommends drivers to avoid running red lights and causing accidents:

Prepare to stop: Lift your foot off the accelerator and ?cover the brake? when preparing to enter any intersection by positioning your right foot just above the brake pedal, without touching it.
Use good judgment: Monitor ?stale? green lights, those that have been green a long time as you?ve approached the intersection. They are more likely to turn yellow as you arrive at the intersection.
Tap the brake: Tap your brakes a couple of times before fully applying them to slow down. This will catch the attention of drivers who may be inattentive or distracted behind you.
Drive defensively: Before you enter an intersection after the light has turned green for you, take a second after the light changes and look both ways before proceeding.

If you’ve been involved in a crash caused by someone running a red light, talk an experienced car accident attorney about your legal options.

The post Red Light Running Accidents: What You Need to Know  appeared first on Rutberg Breslow Personal Injury Law.

Red Light Running Accidents: What You Need to Know 

Is a Nationwide Opioid Settlement Coming?

According to the Centers for Disease Control, 130 Americans die every day from an opioid overdose, and opioid overdoses are representing an increasing percentage of more than 700,000 drug overdoses since 1999. The opioid epidemic has also unleashed a torrent of litigation: cities, counties, states, and Native American nations are suing manufacturers and distributors seeking liability for what has become a public health crisis.
And a recent court ruling in Oklahoma has spurred negotiations to settle all of the opioid-related lawsuits in one fell swoop.
One State, One Family, Thousands of Claims
A federal judge has ordered Johnson & Johnson to pay Oklahoma $572 million for its role in fueling the state’s opioid crisis. And in other settlements with the Sooner State, Purdue Pharma (the manufacturer of OxyContin) agreed to pay $270 million, and drug maker Teva agreed to pay another $85 million. Now NPR is reporting that those companies, along with Endo International and Allergan are attempting settle around 2,000 more suits that have been consolidated in another federal court in Ohio.
Initial reports indicate that Purdue Pharma, run by the secretive Sackler family, could pay up to $12 billion to settle all the claims against it, and that the agreement may include the family paying $3 billion of its own money and giving up ownership of the company. "For years, members of the Sackler family tried to hide their role in creating and profiting off the opioid epidemic," said Massachusetts Attorney General Maura Healey. "We owe it to families in Massachusetts and across the country to hold Purdue and the Sacklers accountable, ensure that the evidence of what they did is made public, and make them pay for the damage they have caused."
Public Pharma?
The settlement talks, it appears, would only include state and local governments — "a ‘negotiating class’ of tens of thousands of local governments," according to NPR. And who would control any money paid out, and who would get how much, remains to be determined. There is also talk of transforming Purdue from a private company into a "public beneficiary trust," which would send all profits from drug sales to states, cities, and tribes.
"While Purdue Pharma is prepared to defend itself vigorously in the opioid litigation, the company has made clear that it sees little good coming from years of wasteful litigation and appeals," the company announced in an email to NBC. "The people and communities affected by the opioid crisis need help now. Purdue believes a constructive global resolution is the best path forward, and the company is actively working with the state attorneys general and other plaintiffs to achieve this outcome."
Opioid lawsuits can be complex, and any claims you have may already be subject to ongoing litigation. If you have questions regarding opioid-related lawsuits, contact and experienced personal injury attorney for answers.

The post Is a Nationwide Opioid Settlement Coming?  appeared first on Rutberg Breslow Personal Injury Law.

Is a Nationwide Opioid Settlement Coming? 

Evidence of Football Brain Injury Risk Continues to Grow

Parents of America have one more reason to keep their kids off the football field.
In recent years, the high incidence of football concussions has been linked to ongoing brain deterioration, and now a new study has revealed that the dangers of playing football may be even worse.
Researchers at Carnegie Mellon University and the University of Rochester Medical Center say that it?s not just the big hits that are bad; a season-long series of routine hits can also cause long-term brain damage.
The researchers studied 38 University of Rochester players over the course of a season by placing accelerometers ? devices that measure accelerative force ? into their helmets before practices and games. The results: Two thirds of the players? brains experienced a reduction in white matter by season?s end.
?Our research ? is beginning to indicate that accumulation of many sub-concussive hits is instrumental in driving long-term damage in football players? brains,? said lead author Brad Mahon, an associate professor of psychology at Carnegie Mellon.
Declining Participation
The National Federation of State High School Associations reports that the level of participation in high school sports declined in 2018-2019 for the first time in 30 years. But the decline in football has been going on for more than a decade. Just over 1 million high-school students play 11-man football, about a 3-percent drop from the previous year, to the lowest number since 1999-2000.
The impact of the brain-injury research is particularly noticeable on youth football leagues due to strong sentiment by parents to restrict, or even ban, football for kids. A University of Washington School of Medicine survey found that 61 percent of 1,025 parents who were polled nationally favored age restrictions for tackle football. Massachusetts, meanwhile, is seriously considering an outright ban on youth tackle football.
Expanding Litigation
And then there are the lawsuits.
The NCAA has been on the receiving end of what will eventually be some 200 filings from litigants who allege that the NCAA and individual schools knowingly exposed them to risks of brain injury.
There?s also been litigation on the high-school and youth-football front. Last year, a California high school settled a brain injury case for $7.1 million. And a trial has been set to start in January for a closely watched case in California where a mother has filed suit against Pop Warner Little Scholars, claiming that youth football was responsible for the chronic traumatic encephalopathy (CTE) that was detected in her son?s brain after he died in a motorcycle accident.
So is the day coming when football will be waving the white flag of surrender? Or might a different flag be waving? According to The New York Times, there are now more 6- to 12-year-olds playing flag football than tackle football.
But is America ? and the NCAA and the NFL ? ready for football without the violence?

The post Evidence of Football Brain Injury Risk Continues to Grow  appeared first on Rutberg Breslow Personal Injury Law.

Evidence of Football Brain Injury Risk Continues to Grow 

Playground Injuries: Are Waivers Enforceable?

Whether your child is off to daycare or kindergarten for the first time, or is a seasoned fourth- or fifth-grader, chances are they’ll be spending some time on the playground. And while playground equipment has made some great strides in safety from the old metal bars and merry-go-rounds of our youth, any kind of play carries some injury risk.
Just as every school has a playground, just about every school requires parents and students to sign liability waivers at the beginning of the academic year. Often, these waivers purport to protect schools from any legal liability if a child is injured while at school. But are they enforceable? And do they mean you can never sue if your child is injured on the playground?
Waiving the Right to Sue?
Most courts have found that liability waivers are enforceable, but only if they meet certain criteria and only to a limited extent. First, student injury waivers must be clear, unambiguous, and explicit in their terms. So, waivers printed in faint or small font, or in an inconspicuous place like hidden in a large document, are less likely to be enforceable.
Second, injury waivers only limit school liability for injuries arising out of ordinary negligence, and do not generally prevent parents from suing for injuries resulting from gross negligence, recklessness, intentional torts, or the illegal acts of school staff or other students. What does all that legal jargon mean?
"Negligence" is generally defined as the failure to use reasonable care to prevent harm to oneself or to others. So, for example, if a teacher inspects playground equipment and doesn’t notice that a bolt is loose on a swing set, that would normally qualify as ordinary negligence. Gross negligence or recklessness, on the other hand, refers to the lack of any care, or an extreme departure from what a reasonably careful person would do in the same situation to prevent harm to oneself or to others. Therefore, if school staff didn’t bother to inspect the playground equipment at all, or worse, saw the loose bolt and did nothing, a jury might find the school liable despite the waiver. The same is true if school staff or students intentionally hurt your child.
The Right Party to Sue?
Most courts recognize a general duty of schools, administrators, and teachers to adequately supervise students placed within their care, and some have specified that schools must provide student with adequate instruction, proper equipment, and non-negligent supervision. So if your child is injured on a school playground, and staff failed to properly supervise the space or your child, you may be able to file an injury lawsuit against the school.
Additionally, manufacturers may be liable if faulty playground equipment causes an injury. Manufacturers have a general duty to ensure their products are safe, and they may be strictly liable for injuries caused by their product.
To find out if a school injury waiver is enforceable (or if you even need to sign one), or whether a school may be liable for your child’s playground injury, talk to an experienced personal injury attorney about your case.

The post Playground Injuries: Are Waivers Enforceable?  appeared first on Rutberg Breslow Personal Injury Law.

Playground Injuries: Are Waivers Enforceable? 

With Curfews and Bans, Cities Crack Down on E-Scooters

Public menace? Or valuable innovation?
Cities continue to seek a common ground on e-scooters, the rentable solo vehicles that now swarm across many urban areas. On one hand, the dockless devices are a great transportation alternative; on the other, they?ve often proven to be a safety hazard. And in the interest of public safety, some cities are starting to take a tougher stand on scooters.
From Evening Bans to Total Bans
One of the latest cities to act is Atlanta, which has imposed a temporary ban on evening operation after four riders died this year. ?Sadly, we have seen a pattern in the recent and tragic fatalities involving scooters ? they all occurred after sunset,? Mayor Keisha Lance Bottoms said in a statement. All companies operating the scooters in Atlanta have been asked to disable the devices from 9 p.m. to 4 a.m.
Evening bans have also been instituted in Chicago, with a curfew from 10 p.m. to 5 a.m., and Jersey City, which prohibits operation from 11 p.m. to 6 p.m.
Some cities are placing geographical limits on where the scooters can operate. Virginia Beach, for example, prohibits their use in the city?s Oceanfront area or on any sidewalk. Chicago won?t let them operate in the downtown Loop and other busy areas.
Other cities, meanwhile, are taking an even tougher stand. Last month, Chattanooga, Tennessee, issued a six-month ban on e-scooters. Summit County, Utah (Park City) and Breckenridge, Colorado, recently banned them. Nashville Mayor David Briley called for a ban after the first scooter death occurred in that city, but the Metro Council there overruled Briley and called for a reduction of the scooter fleet instead.
Injuries and Promise
The largest analysis of e-scooter injuries and deaths, conducted by the U.S. Centers for Disease Control and Prevention, looked at medical records in Austin, Texas, from September through November of last year. The study identified 271 injuries, of which 45 percent were head injuries and 39 percent involved fractures. ?A high proportion of e-scooter related injuries involved potentially preventable risk factors,? the report concluded, ?such as lack of helmet use, or motor vehicle interaction.?
While e-scooters have plenty of enemies (including vigilantes who throw them into the nearest body of water), they also have lots of supporters. Besides the people who just enjoy riding the devices, there are also transportation planners who see them as them as filling an important ?micromobility? role: A quick and inexpensive way of getting to and from existing public transportation networks.
They might make our cities greener. But as city officials mull that desired outcome, they are forced to grapple with an inescapable question: At what cost?

The post With Curfews and Bans, Cities Crack Down on E-Scooters  appeared first on Rutberg Breslow Personal Injury Law.

With Curfews and Bans, Cities Crack Down on E-Scooters