If you’re planning on filing a lawsuit, you probably have what you believe to be evidence that you were wronged in some regard. Understanding evidence, however, does take some real legal knowledge. In fact, you may find that, upon meeting with your attorney, they don’t really believe that the things you consider to be evidence […]
CNN reported that a police department in Washington is facing a lawsuit over violating the rights of inmates. The reporting details that 11 women and 1 man are suing a police department over alleged instances where the inmates—who were all arrested on suspicion of drunk driving—were recorded while they were undressing and using the toilet. […]
The idea behind a lawsuit is to give a person who was wronged because of another person’s negligence away to get compensated. This can include suing manufacturers for putting dangerous products out on the market when they should’ve known better, suing motorists who are prone to driving dangerously and end up hurting or killing someone […]
Unfortunately, many dog owners are not responsible with their animals. In fact, it’s quite reasonable to argue that the biggest cause of dog bites has nothing to do with dogs, but with the people who are in charge of taking care of those dogs. There are differences on a state-by-state basis as to how much […]
For parents with children in daycare, a nightmare scenario seems to be unfolding in Ohio. According to NewsOK, a daycare worker has been arrested on two counts of rape. The woman, according to the article, had engaged in sexual conduct with an infant and made a video of herself doing it. Police claim that they […]
If you’ve gotten emails that appear to be from a friend of yours but that were actually from LinkedIn giving a pitch for the website, you’re not alone. In fact, a lawsuit has been filed against the business social networking website alleging that the company breaks into email accounts, uses the contact list to send […]
Today, it’s not uncommon for companies with whom people do very casual business – cellular phone companies, Internet service providers, etc. – to have some very sensitive information about their clients. For example, Social Security numbers are routinely used as forms of identification and many companies require that information in order to open an account. […]
There are instances when a personal injury attorney may turn down your claim. This may leave you wondering if there is any hope for justice but, keep in mind the fact that civil lawsuits are not really about justice; they’re about compensation. If you’ve been turned down as a client by an attorney, some or […]
Some of the largest jury awards are actually handed out to children. These occur in cases involving medical malpractice during birth, car accidents that permanently damage a child and in other cases. Obviously, a child cannot enter into a contract or take any other legal action of their own accord. Parents are the ones who […]
Fosamax may be linked to atypical femur fractures, according to a study. The Archives of Internal Medicine published a study in May of 2012 that showed a link between bisphosphonate drugs and fractures. Fosamax has already been implicated in over 3,000 lawsuits, according to an article published in the Wall Street Journal. The lawsuits have in common allegations that using the drug caused patients to suffer bone decay and fractures.
Osteonecrosis of the jaw is one of the most common reasons that people have elected to sue over Fosamax. This drug is used to treat postmenopausal osteoporosis and has been in use since it was approved in 1995 by the FDA. The potential risks of this drug have been making it into the news more frequently of late. According to an article in the TimesUnion, there are 3,100 product liability lawsuits that have been filed against Merck and Co. by patients treated with this drug.
The study published in the Archives of Internal Medicine linked the drug specifically to femoral fractures. These are among the most painful and debilitating fractures that an individual can suffer. The drug is also used to treat Paget’s disease, which means that an entire other group of patients aside from those suffering from postmenopausal osteoporosis may have been affected.
Litigation and Damages
One of the options for people who have been injured by a defective drug is to pursue a lawsuit, as over 3,000 people have already decided to do in the case of Fosamax. Patients who suffer serious conditions such as broken bones or osteonecrosis may find themselves unable to work or, predictably, facing even higher medical expenses than they would have expected, even if they were already diagnosed with a serious conditions such as osteoporosis.
The first step in finding out whether or not you might be able to sue for damages caused by a defective drug is to speak with an attorney. Whether you are considering suing over damages from Fosamax or another drug, the attorney may be already aware of many other cases that have been filed over the same product. If this is the case, they may well be able to help you, but you’ll have to meet with them to determine whether or not this is true in your situation.
There are cases where pharmaceutical companies or other manufacturers of defective products may offer you a settlement. Make certain that you speak with an attorney before you accept any such settlement. If they do offer a settlement, it may be because they believed that you would win if you brought your case to court and, because of that, they are trying to avoid having to pay even more money in a jury award and court costs than they would have to pay for a settlement. The settlement may be a good deal for you, but you’ll definitely want to get the advice of an attorney before you go ahead and accept one in exchange for not filing a lawsuit.
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If you’ve engaged the services of a Houston personal injury attorney to represent you in a lawsuit related to a car accident, there will be an investigation involved. The attorney will need to collect evidence to back up your claim, and, to accomplish this, they will use their own investigators. This is much different than a police investigation in a very important way.
What the Police Want
When the police or other law enforcement agencies investigate an accident, they’re looking for criminal infractions. They’re not interested in whether or not the other driver was negligent, unless that negligence was somehow actually criminal.
The police are very good investigators and they have the forensic abilities required to reconstruct accidents very accurately. This helps them to determine whether or not one of the drivers involved did something that was in direct violation of criminal law and that led to the accident. What they find out in the course of their investigation may contribute to your case, but it will not be done on your behalf.
What Your Attorney Wants
Your attorney will specifically be interested in negligence. Your attorney, among other things, is trying to determine where financial responsibility for the accident lies. They will have investigators look at the circumstances of the accident and the scene of the accident to collect any evidence that may be available that bolsters your case.
Your attorney may find out that, for instance, the other driver didn’t check an intersection before they started to cross it, that they failed to check for vehicles before they backed out of their driveway or that they were negligent in some other regard that was directly a cause of your accident.
In some cases, your attorney will actually create a computer simulation of the accident so that they can review what happened. This will sometimes reveal where negligence played a role in you coming to harm.
Starting the Investigation
The very first part of this investigation will usually take place at your consultation with a Houston personal injury attorney. They’ll need to sit down with you and get as much information as you can give them about what happened. Don’t worry if you don’t remember exactly how the accident occurred. This is common, particularly in cases where the victim may have suffered a head injury.
If the attorney determines that you likely do have good cause to file a lawsuit and that they want to represent you, they will gather a great deal of evidence, including that which comes from their investigations into the scene of the accident. All of this evidence will be used to argue your case before a jury as convincingly as possible and, if you win, to help you get the largest possible jury award or settlement you can.
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The men and women who work in America’s shipping industry have some of the most dangerous jobs in the world. Heavy equipment is frequently found in shipping yards lifting massive loads high above the ground. Forklifts and other powerful equipment zips around shipyards, creating great potential for injuries. If you have been injured on the job and if your employer is trying to claim that it was your fault when it most certainly was not, contact a Houston personal injury attorney.
There are very specific regulations that apply to the shipping industry as far as training employees properly for their jobs goes. In an industry as potentially dangerous as the shipping industry, employees who don’t have proper training are threats to themselves and their fellow employees.
If an employer was asking you to take on work that you were not trained to do and you were injured because of that, you should talk to an attorney right away. If you were injured by an employee that was doing a job that you know they were not qualified to be doing, you should also speak with an attorney right away.
There’s no reason to kid yourself about what you’re up against if you’re going to sue a company involved in the shipping industry. These companies are frequently very large, very powerful and have plenty of money to spare. One of the tactics they may try is to offer you a settlement for your injuries to avoid going to court.
If a representative of the shipping company that you believe was negligent and that caused you to come to harm approaches you with a settlement, you can be very certain of one thing in particular. The shipping company had their attorneys take a look at the case, determine the minimum amount they could offer you to make you back off and then offered you that amount in an attempt to lower their risk of being sued.
Getting a settlement offer from the shipping company that injured you on the job is always a reason to speak with an attorney. It may turn out that the attorney will advise you to take the settlement if it is actually a fair settlement for what you’ve been through. There are good companies out there and there are good people in charge of some companies. Unfortunately, this is not always the case.
Talking to an Attorney
Anything you tell an attorney will be kept confidential. You don’t have to worry about the attorney contacting your employer and potentially costing you your job. If there are career implications involved with filing a lawsuit, your attorney will let you know. Talking to an attorney about these matters is generally free and, to avoid any limitations on your opportunity to sue, you should speak with an attorney right away.
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Sometimes, you may end up suffering an injury that was the result of someone else’s negligence and the person responsible might start harassing you. It may be a driver who keeps calling you and asking you to accept cash in lieu of not suing them or it may be somebody who threatens you outright about filing a lawsuit. As is the case with any other aspect of a lawsuit, you need to speak with your attorney about these situations.
One of the most important things that any Houston personal injury attorney will tell you is that any communication related to your case should be handled through them. The defendant you’re going after may start trying to contact you or try to have their attorney or another representative contact you. Never take these communications. Refuse to say anything, hang up or walk away and contact your attorney right away and let them know what happened.
A personal injury attorney is there to represent your interests. They will do whatever they have to do that falls under the scope of their job to protect those interests. If this means having to deal with a situation where you are being harassed, they will most certainly know what to do to help you through it. Once you engage the services of an attorney, remember that it’s up to you to use them correctly.
Right After the Accident
One of the scariest times to go through after suffering a car accident or an accident with another type of vehicle is the first week or so that follows it. This will be the time when you’re not sure what you should do about it, and when you’re still assessing the damages you suffered. You may even be in the hospital from injuries that you suffered.
If you’re relatively certain from the start that it was negligence that led you to end up in this situation, you should start working with an attorney immediately. You don’t have to deal with the other driver or their insurance company at all if you don’t want to. Your attorney will handle all of this for you and, if you are already sure that you want to file a lawsuit over the matter, there’s no reason to not contact an attorney immediately. The period of time immediately following the accident is the one in which you are most likely to say something that goes against your interests out of anger or other emotions. Let an attorney handle this for you.
Depending on who caused your accident, you may find yourself being intimidated by somebody’s wealth or power. Neither will impress your accident attorney. No matter how powerful somebody is, they are not above the law and an attorney knows it.
Contact an attorney for any difficult situation you find yourself in. Once you have one, follow their advice to the letter.
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The recent lawsuit by the CPSC over Buckyballs and Buckycube toys has brought product liability lawsuits to the forefront of media attention once again. Whenever these situations happen, there is a cynical voice that permeates the media that tries to lay the blame for the injuries that children and older people suffered due to a defective product only at the feet of the parents or the person involved. In reality, there is a reason that filing a product liability lawsuit is an option for people who were injured by a product.
Part of the problem with the Buckyballs and Buckycube toys originates from the labeling of them, which stated that they were safe for people age 13 and older. This sort of labeling is supposed to give parents a realistic idea of whether or not a toy is safe for their children. Parents have every reason to trust that labeling, as the labeling process is heavily regulated by federal agencies. When children are injured by a product that was supposed to be safe for people in their age range, it is hardly the fault of the parents that they trusted labeling that was designed to keep their children safe.
Some products make it onto the market but are designed in a way that makes them inherently hazardous. Examples include stepladders that fold up under normal usage, coffee pots with timers that end up causing fires and other products that have, through the years, made the news. That cynical voice in the media will oftentimes declare that people who have been injured or have had their property destroyed by such products are simply looking for a way to get rich quick. If somebody has sold you something that was supposed to have been safe and that damaged your property or injured you personally, there is nothing cynical about filing a lawsuit to recover those damages.
Contacting a Lawyer
If you or someone in your family has been injured by a defective product, the first thing you need to do is contact a lawyer about the matter. Listening to the myriad voices in the media, many of whom will be declaring that anybody pursuing a product liability suit against the latest defective product that has made it into the media cycle is simply looking for a way to get rich is absolutely the worst way to get advice. In these situations, a personal injury attorney is there to help you and only you.
Putting trust in a company or a label that gave you every reason to trust it is not foolish. If your child was injured by a toy that was defective in some way, it is not your fault. Talking to an attorney is the only way you can determine whether or not you were injured because the manufacturer was sloppy in how they manufactured a product, how they designed a product or how they marketed the product. Do not listen to the media in these cases. Consult with a lawyer – it’s usually free – and listen to their advice. They are the only individuals in these situations who are representing your interests.
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Brigham and Women’s Hospital in Boston reports that drug recalls are very common these days. According to a study, reported by ABC News on July 4, 2012, drug recalls are happening at a rate of about one every month.
Reporting and Recalling
The ABC story notes that, while the FDA does make certain that it uses all of its available means of communication to get the word out that a drug has been recalled, that information might not be making it to healthcare providers. In fact, the story notes that the study found that the FDA only issues public notices for about half of the recalls that constitute the most serious instances of drugs being taken off the market. These are called Class I recalls, and they constitute instances where there is a very serious danger to people using the medications.
Big Numbers, Big Problems
The study found that there were 1,734 drug recalls between the years of 2004 and 2011. Of those drug recalls, there were 91 of them that were Class I recalls. A drug is only issued a Class I recall when utilizing the drug is found to present a significant risk of very serious – even deadly – side effects to patients.
Relying on Industry
In the ABC story, a spokesperson for the FDA noted that the system for announcing recalls is dependent upon the manufacturers of pharmaceuticals being open about the issues and upon the industry being responsible about their duties to the public. Of course, there are many drugs that have remained on the market for many years, even though manufacturers knew that they posed a risk.
One of the more effective mechanisms that the FDA has at its disposal is its website at Recalls.gov. This gives a list of all recalls – including recalls that are not related to pharmaceuticals – and provides whatever information patients need to know about the drug in question. Unfortunately, according to the study, it was also found that the most important recalls may end up being lost among the many other, less important, recalls that are announced by the agency. The combination of what recalls are announced being lost among the many communications put out by the agency as well as the reliance upon the industry to be honest about its products could both be contributing to a significant problem.
Lawsuits and Dangerous Drugs
Patients who are injured by pharmaceuticals that have proven to be dangerous sometimes have the option to file a lawsuit against the pharmaceutical company that produced them. Drugs such as Paxil and Accutane, for example, both proved to be dangerous to patients and, because of that, juries have already awarded millions of dollars to people who have suffered because of the side effects of those drugs.
If you believe that you were injured because of a bad pharmaceutical or, even more so, if you know for a fact that you were injured because of a bad pharmaceutical, make certain that you speak with an attorney about the matter. Whether it’s through a class-action suit or an individual lawsuit, they may be able to help you pursue compensation.
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A report in KUHF detailed that the Texas Department of Transportation is asking drivers to pay attention while they’re on the highway. According to the article, TxDOT statistics reveal that more than 180 people were hit while riding bicycles, 44 pedestrians were killed, 450 pedestrians were hit by vehicles in 2011 and 600 accidents occurred in work zones during the course of 2011. The article also features a DPS state trooper revealing an important fact about car crashes.
Crashes vs. Accidents
A state trooper quoted in the article says that the word “accident” doesn’t describe many of the car crashes that occur every day. Accidents, according to the trooper, involve situations where a driver has no control over their vehicle or where something unexpected and unavoidable happened. Crashes, conversely, involve situations where something may well have been done to avoid the entire ordeal.
Crashes frequently occur because of people not paying attention when they’re driving. They may pay attention most of the time, but, when the crash actually happens, they’ll be looking somewhere other than the direction the car is headed or otherwise distracted from what’s going on. This has become a more severe problem because of how much cellphones permeate our culture. People quite often send text massages, emails, answer phone calls without a headset and engage in other dangerous behaviors with their cellular devices when they’re driving.
When something really is an accident, no one is to blame. Many car crashes, however, never have to happen. If someone had been paying attention when they were not or if someone had exercised reasonable caution when they did not, quite a few car crashes would have been close calls and others would have never even been realistic possibilities. Too often, people are simply not paying attention and someone ends up injured, dead or having their property destroyed because of a crash.
Heed the Advice
When you’re on the road, pay attention. If you’re travelling at freeway or highway speeds, you go a long distance in a second. If you look down at your cellular phone for a couple of seconds to read a text, you can end up hurting someone or killing them quite easily. Slow down in construction zones. The workers there are frequently within 100 feet of the roadway and, if you lost control at freeway speeds, you’d be on top of them in less than a second.
If someone injures you because they were driving negligently, speak with an attorney about the matter to see if you have a good reason to sue. The attorney may be able to help you at least get compensated in a monetary sense. Some losses can’t really be compensated, but no one should suffer economic hardship on top of other hardships because of someone else’s negligence.
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The plaintiffs filing a lawsuit over a 2009 wreck in Temple, Texas received $175,000 in compensation. In this particular instance, the driver that caused the damage fled the scene of the accident. Even in instances where the negligent driver takes things a step farther and commits a crime such as fleeing the scene of an accident, it’s important to contact an attorney to represent you.
Do Not Go Alone
When people are injured in car accidents, it’s not uncommon for them to try to contact their insurance companies and to try to get compensation for the accident. Unfortunately, insurance companies are in the business of generating profits, they’re not in the business of paying out every claim that their customers deserve. For that reason, it’s important to have a good attorney at your side. Attorneys can not only deal with the other driver and their representation, they can also deal with insurance companies. You’re not likely to win against an insurance company unless you have an attorney representing you.
What Happened and Why
Good personal injury attorneys can help you by reconstructing accidents to figure out what happened. In many cases, there are instances where Houston drivers end up in a car accident and they have no idea how it happened or who is actually to blame. If you’re a good person, it’s natural to assume that you did something to cause the accident, even if that turns out not to be the case. This is why you need an attorney.
Personal injury attorneys are experts at figuring out what happened and how it led up to a car accident. In fact, their livelihoods depend upon it. By providing clients with effective representation that begins with determining how an accident came to pass and whether or not the other driver involved was negligent, personal injury attorneys are sometimes able to get large settlements, such as the one in Temple, for their clients. The money for these generally goes to pay for medical expenses. For example, the father and son that were injured in Temple, Texas suffered back and neck injuries that would’ve constituted major medical expenditures for them.
Should You Sue?
The civil courts in Texas are set up so that people can seek out material compensation for damages done to them. They are there for everybody, including you. Not every instance where you are injured in a car wreck is one where you would have cause to file a lawsuit, however, but it’s always worth it to talk to an attorney to investigate the matter.
Because attorneys that handle personal injury claims generally do allow a free consultation, there’s no reason that you shouldn’t go ahead and take advantage of this. If they determine that they cannot help you, you’ve lost nothing for having found out for sure. If they do determine that they could help you and they believe that they are the best attorney for you, they may want to take your claim on and they may want to represent you in court. The jury awards and settlements can be substantial in these cases, sometimes paying into the millions of dollars.
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Getting fit might be all the rage but some methods of doing so can be dangerous. Fitness experts are exhibiting more and more concern over the popularity of the camps as methods of getting fit. These boot camps tend to emphasize strenuous activity – obviously, they take the boot camp moniker from the military – to help people lose extra pounds. There are safe ways and markedly unsafe ways to go about getting fit and, if somebody providing a service ends up injuring you because of their own negligence, you may find yourself with quite a lot of medical expenses on your hands.
Doctors and Personal Trainers
Boot camps are generally not run by physicians or anybody with any significant degree of medical training. That being the case, people who are markedly out of shape may find themselves in a situation where they are being pushed too far. According to a press release by a New Jersey doctor, there are over 600 different types of certifications that personal trainers can get. These types of certifications include ones that specialize in boot camp training.
While many fitness experts and personal trainers are very good at what they do, this isn’t true of all of them, nor is it true of all the camps. If you are planning on attending one of these facilities, it’s always best to consult with an actual physician before you do. In some cases, being out of shape for a long period of time may end up putting you at great risk if you engage in activity that is too strenuous for your level of fitness. If your body hasn’t been exercised in a long time, it’s not likely that you’re going to take to long runs, a lot of push-ups and situps and other strenuous activity very well.
If you happen to be injured at one of these boot camps, don’t let the fact that you may have signed a waiver dissuade you from speaking with an attorney. Even though you may have willingly taken on a certain amount of risk by signing such a waiver, only an attorney – who has specific training and experience dealing with contracts – can determine whether or not you do have an option to seek compensation for your injuries. When somebody provides you a service, they are required to be competent and, when they are not, they may be held to be negligent.
Negligence essentially means failing to take reasonable care that would’ve prevented someone from coming to harm that they ended up experiencing. Whenever you suspect that you may have been the victim of negligence, you should speak to an attorney. If you or a family member have attended one of these boot camps and ended up suffering injuries, make certain that you take the time to sit down with an attorney and speak to them on the matter. They may be able to help you by filing a lawsuit against the company providing the services and, in some cases, they may be able to win compensation for you.
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KHOU reports that a police chase on August 14 ended with the suspect vehicle crashing into a home. According to the report, during a high-speed chase that followed a reported robbery, the vehicle being pursued attempted to make a u-turn at high speeds. The car failed and crashed into the house.
One person ended up being pinned under the vehicle. Reports on injuries had not been released. One suspect was taken into custody.
Crimes and Negligence
While it is possible to be criminally negligent, this isn’t the question that most people would have in mind if this happened to them. When a vehicle that is being driven by a negligent driver slams into a house, whether or not it’s in the course of committing a crime, most victims would want to know what they could do about the situation.
Understanding What Negligence Is
Negligence means being reckless in a way that a normal person under the same circumstances would not be. In the case of someone being pursued by police and crashing into a house, a lawyer would definitely want to hear from that homeowner about filing a lawsuit, and there’s good reason that this is the case.
Crimes and Lawsuits
Someone having been charged with or convicted of a crime does not mean that you cannot go after them in court. In fact, if someone committed a negligent action and caused you to come to harm, being able to file a lawsuit against them to seek compensation for the damages that you suffered is among your rights.
Talking to a Lawyer
Talking to a lawyer is the first step in determining whether filing a claim for negligence would be advisable for you. You want to work with an attorney who works on contingency. This ensures that you can trust that they have no financial motivation to take a case that they know is not going to win. Under a contingency agreement, the attorney does not get paid unless they win the claim for their clients; therefore, there is no reason for them to take cases that are unlikely to win.
Speaking with an attorney is generally free, so you’ll want to set up a consultation as soon as possible. Even though you do have the right to sue someone if they committed a negligent action that brought you to harm, there are limitations on how long you do have to file a lawsuit.
When you’re moving ahead with the lawsuit, realize that these cases can take time. Your attorney will let you know what to expect and what will be involved in pursuing the lawsuit. With a good attorney at your side, you have the confidence that comes with knowing that your interests are being effectively represented.