What You Must Prove to Win a Slip and Fall Injury Claim

Whether it occurs at a friend’s house or the grocery store, slip and fall accidents take place rather often. In a few cases, the owner of the property is liable for the injuries of the injured party, and in other instances, the property owner won’t be held legally responsible. Now let us explore the various aspects of slip and fall accidents by reviewing What You Must Prove to Win a Slip and Fall Injury Claim by All Law.

“Theories of Liability in Slip and Fall Claims

In order to hold another party responsible for injuries suffered in a slip and fall accident, an injured person must typically prove one of the following:

A property owner (or their employee) should have recognized a dangerous condition (i.e. a pothole or an uneven walking surface) and removed or repaired the potential danger, but did not. The key question here is whether a reasonable person would have identified the condition as hazardous, and whether the defendant had ample opportunity to remedy the situation before the accident occurred. OR

A property owner (or their employee) actually caused the dangerous condition leading to the slip and fall accident — by leaving a hazardous obstacle in a walking path, for example — and it was reasonably foreseeable that someone would trip and fall due to the condition.”

How Much is A Slip and Fall Claim Worth?

slip and fall case
Slip and fall accident

Medical Bills

The bills for past, present, and future treatment related to the fall will be the main measuring stick in calculating the injury damages you sustained. Depending on your location, the amount utilized to calculate the damages could be the amount that the health care provider charged or the amount the provider chose to receive as full payment. Very frequently, healthcare providers choose to accept below the charged amount; thus it’s important to understand the law in your jurisdiction.

Usually, a legal slip and fall case is at least worth the medical bills’ cost. So perhaps, you can safely assume that you’re entitled to receive at least such amount. Additionally, on the other hand, you may be eligible to recover what’s called as the “pain and suffering.”

Pain and Suffering

Perhaps, this can be the least expected section of damages, when it comes to what its value could be. There are no clear rules for computing the pain and suffering a person endures; but, the amount of the medical expenses is typically what’s utilized as the basis.

Depending on the permanence and severity of the injuries, the lawyers or insurance adjusters assessing the claim usually determine a proper multiplier to utilize, together with the medical bill charge, to calculate the sum of the pain and suffering you’re entitled. For instance, if you fell or slipped a flight of stairs, fractured a couple of bones, and will have an injury that affects your walk for the remainder of your life, the pain and suffering’s value may be five-fold the cost of the medical bills. On the other hand, if you slid on floor wax at a store, injured your wrists, and completely recovered in a just month; the pain and suffering value may just be 0.5 times the cost of the medical bills.

It’s crucial to note that a few injuries don’t show up following the slip and fall. Because of this, it’s wise to discuss the amount of the claim with imminent injuries in mind.

To help you with your slip and fall accident, here is FindLaw’s Proving Fault in Slip and Fall Accidents, which talks about a few things that you or your lawyer will want to talk about before starting a lawsuit:

“How long had the defect been present before your accident? In other words, if the leaking roof over the stairwell had been leaking for the past three months, then it was less reasonable for the owner to allow the leak to continue than if the leak had just started the night before and the landlord was only waiting for the rain to stop in order to fix it.

What kinds of daily cleaning activities does the property owner engage in? If the property owner claims that he or she inspects the property daily, what kind of proof can he or she show to support this claim?

If your slip and fall accident involved tripping over something that was left on the floor or in another plce where you tripped on it, was there a legitimate reason for that object to be there?”

slip and fall attorney
The halls of justice

Loss of Earning Capacity

If you sustained severe injuries that you aren’t capable of accomplishing the kind of work you did before getting injured—and you aren’t capable of earning money as much as you used to– then you can recover an amount that’s intended to repay you for lost earning capacity. A professional (usually a vocational rehabilitation specialist) would provide testimony in order to support the claim, following a full assessment of the injuries, the occupation, and the prospects for work in the future.

If you effectively established that your earning capacity had been reduced because of your injuries, the owner of the property may pay you for such loss a few various ways, including:

  • paying your education or training in another field
  • providing you with a lump sum payment for the amount of your diminished earning capacity

Lost Wages

If you missed or temporarily left work due to your injuries, you’re probably eligible to receive the value of the income you would’ve earned. You’ll need to validate the amount you make as well as the time off work you missed, typically with a pay stub or tax return. Your employer will possibly need to confirm, in writing, the period you missed because of your injury, as well as your usual income rate.

And in Nolo’s How Much is Your Slip and Fall Claim Worth?, it talks about the variables that’ll provide you with a decent idea of your claim’s value. Here’s an excerpt:

“Medical Bills — Present and Future

Your bills for past and future medical treatment related to your fall will be one of the main measuring sticks in calculating your injury damages. Depending on where you live, the amount used to calculate your damages may be the amount the healthcare provider billed, or the amount the healthcare provider agreed to receive as payment in full.

Pain and Suffering in a Slip and Fall Claim

Pain and suffering may be the least predictable component of damages, in terms of what its value might be. There are no hard-and-fast rules for calculating pain and suffering; however, the amount of your medical bills is typically what is used as the starting point.”

The Different Kinds of Liability Insurance in Personal Injury Claims

Most insurance claims in personal injury are filed under car liability coverage. That is understandable because most injury claims involve vehicle accidents. But there are other kinds of liability insurance, covering all types of injuries and circumstances.

Depending on the injury you sustained, and where it took place, you can file a claim under the insurance coverage in one of the areas:

  • Automobile
  • Homeowners
  • Business
  • Medical Malpractice
  • Boat and Off-road Vehicle
  • Workers’ Compensation

Car Insurance

There are two main forms of vehicle liability insurance: first-party (no-fault) insurance and third-party insurance. A driver who buys a car insurance policy is called the first party; while the insurance company is known otherwise as the second party; and the third party is the individual who’s injured, or sustains property damage, due to the first party’s actions.

car accident
car wreck after a car accident.

Third-party

You aren’t limited to filing a claim against the responsible driver’s insurance in third-party claims. If the car is owned by somebody other than the owner, then you are entitled to pursue the owner’s insurance too.

To succeed in such insurance claim, you should prove that the other party caused the accident. Do that through gathering as much proof as possible: photographs, witness statements, police reports, weather reports, and all that.

First-party (no-fault)

In areas or states with the no-fault law, you should turn to your insurance company for the compensation, despite who caused the accident. And in a few instances, your insurance company could pursue the other party to recover the cash they paid to you. This is called “subrogating” the claim.

Additionally, no-fault coverage applies only if there no serious injuries occurred. If you’re severely injured in a crash, you could be able to file a compensation claim from the responsible driver. Note it is always best to talk with a lawyer in severe injury cases.

Frequently, injury claims are deal with by insurance companies. In general, insurance companies settle for paying for car accidents and injuries that involving their clients. And this is why folks spend the cash on insurance. However, as an insured plaintiff, it’s crucial for you to understand your insurance contract’s fine print.

The Different Types of Liability Insurance in Personal Injury Claims by Injury Claim Coach provides us with a general idea of various types of liability insurance.

Auto Insurance

There are two primary forms of auto liability insurance: third-party insurance and first-party (no-fault) insurance. The driver who purchases an auto insurance policy is referred to as the first party. The insurance company is the second party. The third party is the person who is injured or suffers property damage, as a result of the actions of the first party.

Third-party

In third-party claims, you are not limited to pursuing the at-fault driver’s insurance. If the vehicle is owned by someone other than the driver, you have the right to file a claim against the owner’s insurance as well.

First-party (no-fault)

In states with a no-fault law, you must turn to your own insurance company for compensation, regardless of who caused the accident. In some cases, your insurance company may file a claim against the other driver to recover the money they paid out to you. This is referred to as subrogating the claim.

Determining the Coverage of the Driver

It is important to be aware of the amount and type of your insurance coverage. Not everybody who drives your vehicle is covered. The fastest way to learn who is covered under the policy is by reading the Declaration Page of your insurance contract.

The majority of insurance policies cover anybody with consent to drive your vehicle, but there are a few exceptions. For instance, if someone has many speeding tickets and other traffic violations, the insurance could list him or her as an exemption. If you allow him or her to drive your vehicle and gets in a car accident, you could be held responsible.

Also, the majority of insurance companies will deny insurance coverage if the person driving your car is involved in a serious crime. This takes in illegal drug possession, DUI, and other illegal acts.

Car accident lawyer.
Car turned upside-down after a car accident.

Now let us understand first the basics filing an car insurance claim. Here’s How to File a First-party Claim with Your Auto Insurance Company by Injury Claim Coach. Here are a few tips:

Begin with a Telephone Call

As soon as possible after the accident, call your insurance company to let them know. This begins the claims process. Make sure you get the claim number for future reference. Your claim will then be assigned to an adjuster who will call you within a few days.

Get the Police Report

Police reports are usually available within two or three days after an accident. Go to the local police station and request a copy. There might be a small fee of under $10.00. In some cities, police reports are available online.

Prepare to Speak with the Claims Adjuster

It normally takes a day or two for the adjuster to call. Use this time to prepare. By the time the adjuster calls, she’ll already have a copy of the police report and a recorded statement from the other driver. She may have even spoken with the police officers and witnesses.

When she calls, she’ll ask for your recorded statement. This is normal. Be ready to explain the facts of the accident in an organized and detailed manner.

Be prepared to give the adjuster specific information, such as which ambulance company transported you, to which hospital, and which tests were performed. Have any notes you took, diagrams of the accident, and any other pertinent information in front of you. You can never have too much information.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Benzene Poisoning – a Unique Personal Injury Case

Benzene is a yellow or colorless liquid at normal room temperature. It is extremely flammable, has a sweet smell, slightly dissolves in water, and evaporates very fast. It utilized in making various industrial applications, such as the production of dyes, detergents, other chemicals, and plastics.

Hartley Law Group’s article entitled Benzene Exposure: What It Is and What It Does tells us some information about the dangers of benzene.

Benzene Exposure

Numerous Workplace Environments Make Use of Benzene, which is a solvent utilized in various industrial operations. It’s a chemical naturally-occurring found in volcanic eruptions, wildfires, and other processes alike.

It’s one of the most extensively utilized chemicals in the USA.

People complaining about benzene contamination in their homes.
People complaining about benzene contamination in their homes.

Benzene is utilized in processes of creating numerous materials, including:

  • Gasoline
  • Cleaning products
  • Dyes
  • Lubricants
  • Ink
  • Rubber
  • Paint

Though it’s used in several procedures, benzene is a branded carcinogen. In 2011, The ATSDR (Agency for Toxic Substances and Disease Registry) ranked benzene as the sixth most dangerous substance.

In the factory, people could be exposed to huge amounts of benzene at a certain time. Recognizing exposure benzene and taking measures to prevent it could aid you in avoiding hazardous situations.

You Could Be Exposed at Home or at Work

“Certain environments are likely to create benzene exposure, such as:

  • Power plants
  • Railroads
  • Chemical plants
  • Refineries

Even firefighters and mechanics may encounter benzene exposure on the job. In the community, cigarette smoking and second-hand smoking are also major sources of exposure. In most cases, exposure to benzene occurs through inhalation and absorption.

Exposure to benzene has several short-term symptoms and effects, including:

  • Drowsiness and dizziness
  • Headaches
  • Vomiting
  • Tremors/convulsions
  • Irritation to skin/eyes/throat

Benzenepoisoning

The long-term effects of benzene exposure are much more severe. Studies performed on workers and others exposed to high levels of benzene have found higher rates of leukemia and other blood-related cancers. Damage to bone marrow may result in anemia and low white blood cell count, which can be life-threatening. In some cases, exposure may even harm reproductive organs.”

Benzene poisoning by Clear Answers (Thompsons Solicitors) provides further information about proof of benzene exposure.

“Evidence of exposure to benzene

Detailed evidence will be necessary to establish that the exposure you suffered is capable of causing the injury complained of, that it did in fact cause your injury, that there was a foreseeable risk of such injury occurring and that the person or body responsible was negligent or in breach of statutory duty in allowing or causing the leak or discharge to occur. This will require a considerable body of expert evidence from technical experts in different fields.”

Lastly, Benzene by Findlaw discusses the matter more in detail. Below is an excerpt:

“Reducing the Risk of Exposure to Benzene

The Occupational Safety and Health Administration (OSHA) recommends controlling exposure to benzene by limiting evaporation and preventing splashes and spills. Preferred controls in industries that make or use benzene include the use of hoods, canopies, and proper ventilation coordinated with the use of personal protective equipment. If these engineering controls aren’t feasible, then the use of respirators and similar personal protective equipment is recommended.

Benzene Exposure – Getting Legal Help

If you or a loved one have experienced any symptoms or have developed any medical conditions related to benzene exposure, you should first seek immediate medical attention. In the event that you have used products containing benzene that didn’t have adequate warnings, or if you’re concerned that you are exposed to high levels of benzene at your place of work, you may wish to meet with an experienced toxic torts attorney to discuss your options and to protect your right to a legal remedy for your injuries.”

You and the Law

What is the law? Basically, the law is the set of rules that enables the members of a society to live and work together in reasonable harmony and to settle their disputes without violence. Some laws are in the form of written constitutions or statutes; others are legal principles that have arisen over the years from custom, experience, and common acceptance.

Law is not confined to courts and legislatures. It pervades our day-to-day relationships with our families, our neighbors, the people we deal with on our jobs, and the members of our community.

When you pick up the phone and order something from a store, you make a contract governed by the law of sales. When you drive your car, you are subject to traffic laws and the laws of negligence and liability.

Your wages and working conditions depend on your contract with your employer, perhaps a union contract, and federal and state labor laws. When a couple marries or a child is born, the law establishes the rights and duties of family members.

When a person dies, the law determines who gets his or her property and who will care for the children. Even as you sleep at night, you are protected by laws against burglary and trespass – and perhaps by zoning laws that prevent a boiler factory from being built next door.

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Most of the time we attend to our everyday affairs without running into any legal problems. Inevitably, though, conflicts arise. The goods we order fail to arrive, or they are unsatisfactory. Accidents happen and people are injured.

Disputes arise between employers and employees, or between landlords and tenants. Families break up or fight among themselves about inheritance or other rights. The person with no knowledge of the law may find that he has put himself in a weak legal position or incurred legal obligations that he never intended.

Unscrupulous persons may take advantage of him, or he may simply not know what his rights are or what to do about them.

All About Medication Errors Law

Medical Error (Medication Errors) Law is a branch of Medical Malpractice law. These errors can cause permanent and severe injury or even death. These kinds of mistake can happen at any moment during the course of choosing, prescribing and supplying medications.

It could be administering the incorrect drug, prescribing the wrong drug dose, incorrect drug interaction, and a variety of other accidents, problems and mistakes linked with medication. The most widespread mistakes are the ones made by the doctors and nurses when administering medicine, though pharmacy error play a factor to this dilemma as well.

Medication mistakes are accountable for more than one million deaths or serious injuries in the United States each year. These kinds of mistakes are a needless hazard in out-patient facilities, nursing homes, hospitals, surgical centers and clinics.

Medication reconciliation is a vital policy for handling the increased danger present throughout periods of transition of medical care, like admission processes, transfers within, as well as discharges. It states a detailed assessment of patients’ medication orders in these circumstances to prevent drug interactions, dosing errors, omissions, duplications, etc.

Medical Malpractice
Medical malpractice case

Who is Liable for Medication Error Law

Going to the doctor can be frightening, but more so when you face a medical crisis. The majority of folks still place a huge amount of faith in their medical experts, whether nurses, doctors, or other medical personnel.

Regrettably, despite that faith, numerous medical mistakes happen each year. And when they do, the results can range from nothing to a patient’s fatality. Medication is an easy way for a mistake to take place. For a certain medicine to obtain from the maker to a patient, it should pass through numerous hands.

Every hand brings in further possibilities for dilemmas, from exposure to various inappropriate temperatures to misidentification by pharmacy technicians, as well as wrong prescription to over dosing.

When a medication mistake happens, who’s held liable? Who should need to provide financial support for the shattered lives that this error caused?

Professionals

Nurses and doctors are generally the main target of medication error cases. These are frequently the individuals who in fact prescribed and ordered the drug, and thus, normally in the best place to avoid the slip.

Nurses and doctors have a duty to their patients to perform their best and to stay vigilant regarding stuff such as allergic reactions, dangerous drug interactions, or other things that might make the medication do worse than good.

If these experts fail to see those considerations whenever prescribing or ordering treatment, or fail to correctly monitor a patient for unfavorable reactions while under their care, that could result in liability.

Pharmacists may as well be in cross hairs. Another widespread cause of medication-related fatalities, medication misidentification is an effortless thing to do. However, these experts as well owe a responsibility to avoid just that somewhat jumble from happening.

Moreover, they should follow the instruction given by the doctor, counting refills, and providing too many, inadequate, or a wrong substitute medication can as well be problematic and cause liability.

The Evil Doctor
The Evil Doctor

Institutions

Besides pharmacists, doctors, and nurses, the establishments which they work for frequently find themselves preys for medication-error cases.

Whether a clinic, a pharmacy, a hospital, or a qualified practice group, these establishments frequently have extensive financial resources than the folks involved, therefore making them perfect targets for injured parties who require compensation.

These organizations owe a responsibility to reliably hire and observe the behavior of their workers. Thus, mistakes by whichever of the staff could be blamed on the employer too.

Intentional misconduct could be an exception. There are some instances wherein medical experts have been known to prescribe and order medications improperly without being asked to for entertainment purposes, or as an attempt to alleviate the suffering of a terminally-ill patient.

When the deadly medicine has been ordered purposely, the establishment may not be held responsible unless proven that the establishment had knowledge or should’ve known concerning the inappropriate behavior and let it ensue anyway.

Manufacturers

Manufacturers are less often wanted for medication mistakes, however, more commonly sued for matters relating to drug risks even when administered in the approved manner.

Such actions normally happen in large, class suits wherein a faction of harmed patients, or their survivors, gathers as one to file a massive court case against the medicine manufacturer.

Frequently, these cases get national attention, and create results that can reach up to hundreds of millions in cash.

Others in the Stream of Commerce

On some cases, a deadly medication error could be the responsibility of somebody else within the stream of commerce. Per se, that party might find itself responsible, frequently to one of the other individual accused of crime.

For instance, a defendant could sue a shipper considering the drug should’ve been harmless unless exposed to extreme temperature while being transferred. Or a medicine may barely have a short shelf life that wouldn’t have been exceeded only if it came on time.

Furthermore, a drug can be mixed up while within the flow of commerce, causing a fatal mistake.

Seek Legal Advice

If you acquired an injury due to a medication mistake, or if you face liability resulting from such an error, it’s critical to talk to a lawyer right away.

The network of interconnected liabilities, various theories of fault as well as procedural requisites for such cases entail the help of a qualified attorney with knowledge in that area.

Missed Diagnoses and Drug Errors are Main Causes of Malpractice Suits

The majority primary care physicians are sued generally for drug errors and missed diagnoses, researchers at Trinity College Dublin and Royal College of Surgeons in Ireland Medical School stated in BMJ Open. Nearly all of the missed diagnosed cases involved meningitis, cancer and heart attack.

The authors, T. Fahey, S. M. Smith, E. Wallace, and J. Lowry stated that few studies have been made on proceedings at the primary care level, which is shocking, given that the majority of patient visits are along with their general practitioner (primary care doctor).

The team collected and studied data from published research regarding the number of medical malpractice suits at the primary care level in April 2012 and January 2013 as well. Moreover, they desired to determine what causes the claims.

After browsing 7,152 studies, they chose 34 which were qualified for their study. Fifteen of the studies were conducted in the US, nine in the United Kingdom, 7 in Australia, 2 in France, and 1 in Canada.

car accident injury
Head injury caused by car accident.

The researchers discovered that:

7.8 percent of suits in April 2012 and 16 percent in January 2013 were primary care doctors. There was a 20 percent general increase in suits in the United Kingdom from 2009 to 2010, and suits against GPs (general practitioners) comprised the greatest percentage of the increase.

Between 1994 and 1999, suits against UK general practitioners more than doubled. In Australia, primary care (general practice) comprised the highest percentage of suits for 2009 and 2010 based on the files of Medical Indemnity National Collection.

In general, in the countries surveyed, missed diagnoses comprised between 26 and 63 percent of all medical malpractice claims.

The most widespread result of supposed malpractice was death, ranging from 15 to 48 percent of all lawsuits brought for missed diagnoses. In the lawsuit brought, the most frequently missed diagnosed cases were associated to cancer and heart attack among adults.

There were numerous claims that allege missed diagnoses such as ectopic pregnancy, fractures, and appendicitis. Among pediatric patients, the most widespread claims were linked to meningitis and cancer.

The next most widespread sources of medical malpractice claims were drug errors, ranging from 5.6 to 20 percent of all cases. Most claims were unsuccessful. In the USA, just 33 percent of claims winded up in a disbursement; and almost 50 percent in the UK.

Over the last two decades, the number of medical malpractice lawsuits brought against US primary care doctors has not altered drastically. This hasn’t been the situation in Australia and the United Kingdom, where claims against general practitioners have been progressively rising.

The term primary care has a somewhat different definition of country to country, making it difficult to take a broad view from these results, the authors stated. “Utilizing legal claims as a substitute for unpleasant events has its limits as well,” they further stated.

personal injury
X-ray scan of a back injury.

In the journal’s abstract, the authors concluded:

“This malpractice claims review in primary care focuses on medication and diagnosis error as fields to be prioritized in creating risk management systems and educational strategies. “

Blood thinners comprise 7 percent of all medical errors – University of Illinois researchers reported in Annals of Pharmacotherapy that about 7 percent of all medical errors in patients that are hospitalized in the United States involve anticoagulant drugs (blood thinners), which are prescribed to lessen the risk of heart attack and stroke by stopping blood clots inside the arteries and veins.

Ten percent of career time in waiting for resolutions in a medical malpractice claim – the average physician in the United States spends about 10 percent of their career time waiting for a medical malpractice claim resolution, Seth Seabury (RAND Corporation) and Anupam Jena (Harvard Medical School) stated in the journal Health Affairs.

Professor Anupam Jena stated, “We think that the time needed to resolve medical malpractice lawsuits might be an important reason that doctors are so verbal concerning malpractice reform and that whichever endeavor at such reform will have to take the speed with which claims are solved into account.”

An In-depth Look at Pleadings in a Personal Injury Case

The primary function of courts is to decide controversies. By definition, a controversy embodies the idea of a dispute or disagreement. In any given case the parties may disagree on the facts, or the law, or both. If a court is to decide the controversy it must first find out what the controversy is about.

The best way to do that is to ask the parties, but unless some orderly procedure is established both parties are likely to talk at once, at cross purposes with resulting confusion. To prevent this it would seem logical to require the parties to talk one at a time, and since the plaintiff is seeking relief he should go first.

personal injury law
The courtroom.

Traditional

In the very early days of the common law this is substantially what happened. Each party explained orally to the court his version of the case. This proved to be unsatisfactory for a variety of reasons and led to establishment of the requirement that each party must reduce his contentions to writing.

This tended to pinpoint the actual areas of disagreement. These written contentions of the parties came to be known as pleadings. The plaintiff filed his written statement of his version of the facts, which was called the declaration.

It sometimes happened that the defendant did not dispute the accuracy of the plaintiff’s statement of the facts but contended that there was no rule of law under which the plaintiff could recover. In such cases the defendant would file a demurrer raising a pure issue of law which was decided by the judge.

If, on the other hand, the defendant wished to challenge the accuracy of the plaintiff’s statement of the facts but contended that there was no rule of law under which the plaintiff could recover. In such cases the defendant would file a demurrer raising a pure issue of law which was decided by the judge.

If, on the other hand, the defendant wished to challenge the accuracy of the plaintiff’s facts he would file a plea which was called the general issue. The parties were then said to be at issue and ready for trial.

It could be, however, that the defendant could not convert the facts alleged by the plaintiff but contended that there were other facts which gave him a defense. In such case, he would file a plea in confession and avoidance.

The plaintiff then had the privilege of responding to this plea by filing a replication, which might; a.) Deny the new facts alleged by the defendant, or b.) Admit them and allege new facts such as that the defendant used much more force than was necessary for mere self-defense.

In this way, the pleadings would go on and on until the parties arrived at an issue, which would then be tried.

Modern

Pleadings have today been greatly simplified and shortened but still serve the purpose of defining the issues to be tried. The plaintiff’s first pleading is called the complaint or petition and is supposed to state the facts in ordinary and concise language together with a prayer or demand for the relief to which he believes he is entitled.

The defendant may then file a demurrer or a motion to dismiss (the modern equivalent) if he wishes to raise an issue of law. Of he may file an answer in which he may deny the plaintiff’s allegations and also raise affirmative defences by alleging new matter (the modern equivalent of the plea in confession and avoidance).

The defendant may also insert in his answers claims which he has against the plaintiff, which are called counterclaims. In some jurisdictions there are limitations on the type of counterclaims which a defendant may include in his answer, but in the federal courts he may include any and all claims which he may have against the plaintiff.

If no counterclaim is filed, pleadings usually consist of merely the complaint and the answer. If a counterclaim is filed, and in some jurisdictions also when affirmative defences are pleaded, the plaintiff is permitted to respond by filing a reply or replication.

Law books
Law books inside the library’s law section.

Amendments

It sometimes happens that mistakes are made in drawing the original pleadings, or that new and pertinent facts come to light. In such cases, a party may ask the court’s permission to file an amendment to his pleading.

Code in 1848, such permission was very grudgingly given and often was denied. Today courts are quite liberal in allowing amendments, even during the course of the trial, unless the opposing party would be taken by surprise and his interest thus prejudiced.

Functions

The two principal functions of pleadings are to inform the court of the nature of the controversy (to serve as blueprints for the trial) and to give notice to the parties and thus enable them to prepare for the issues which are to be tried.

They also perform a third function by serving as a permanent record of the disposition of the controversy. There is a rule of law, based on the sound principle of repose, that a case once tried and adjudicated can never be tried again. Otherwise, litigation might be endless.

Essential Personal Injury Facts

Different lawyers in every state are practising personal injury law. These cases are not always easy to prove, but an experienced lawyer could be able to establish negligence if an employee didn’t use reasonable care. You need a legal specialist who practices the personal injury law to help you determine what form of compensation you will be able to anticipate for your own claim.

A car accident lawyer is just a useful resource you can have because they have the essential skills and experience that enables you to increase your settlement. For the injured driver who does not have legal representation, talking with these experienced lawyers infrequently goes well.

personal injury
X-ray scan of a back injury.

For those who’ve ever become victims of a car accident, you are well aware of how traumatic the event can be. Lastly, when considering a potential lawyer, you’d like to be certain the attorney has been successful in the past and present. Typically in an accident, claims should be filed in within thirty days from misfortune’s date to be able to get the full compensation. Normally, it is not sufficient to easily prove the defendant’s liability.

Typically in an accident, claims should be filed in within thirty days from misfortune’s date to be able to get the full compensation. Normally, it is not sufficient to easily prove the defendant’s liability.

Managing attorneys who deal with car accidents is just like herding cats. The majority of lawyers decide to remain in a single field of the law to acquire the experience and knowledge vital to delivering the full quality legal representation to the clients. It’s recommended to ensure that your attorney has the support of an excellent photographer who can authenticate your injuries in its many stages. Payments may be made via a settlement arrangement or a verdict by the trial jury.

It’s recommended to ensure that your attorney has the support of an excellent photographer who can authenticate your injuries in its many stages. Payments may be made via a settlement arrangement or a verdict by the trial jury. Also remember that a personal injury law firm does not just represent those who’ve been in a car accident.

Depending on the intent or carelessness of the responsible party, the injured party could be entitled to financial compensation or reward with that party via a settlement or perhaps a judgment. These fee arrangements are frequently combined. If as a result, you have gained weight, then note to document this change with a before and after photograph. Don’t be in a rush to settle a case. Attempt to create your claim on longstanding goals along with the reward that you are seeking.

These fee arrangements are frequently combined. If as a result, you have gained weight, then note to document this change with a before and after photograph. Don’t be in a rush to settle a case. Attempt to create your claim on longstanding goals along with the reward that you are seeking.

If you have suffered an injury due to an accident, you may be allowed to collect economic recovery from the person who is responsible. Before tackling anything else, let us first discuss “Economic Recovery,” which is defined by a Who Can I Sue article entitled What is Economic Recovery?.

Economic recovery is a wide array of damages that you may be entitled to if you suffered an injury or were harmed in an accident or a defective product. A few of the damages that you or a loved one may be entitled to under the laws of your state can include disfigurement, future medical expenses, household services, loss of consortium, loss of consortium of a child, loss of enjoyment of life, loss of society and companionship, lost earning capacity, lost wages, medical expenses, medical surveillance, mental anguish, pain and suffering, permanent disability, present cash value, general damages, and special damages.

To be more specific, Economic Recovery for Accidents and Injuries by FindLaw created a glossary that defines nearly every form of legal compensation offered to a plaintiff in a personal injury claim. Below are a few.

Disfigurement

When an accident or injury has left a person deformed or disfigured, e.g., by scars or other permanent effects on personal appearance, the injured person (the “plaintiff”) may be able to collect damages for any mental suffering that arises due to awareness of the disfigurement. These damages are sometimes included as an element of other types of damages, such as mental anguish.

Future Medical Expenses

This type of recovery is permitted if the plaintiff proves that he or she will need continued medical care as a result of the accident or injury. The proof must be sufficient for the jury to make an approximate estimate of the cost, i.e. through the medical opinion of a treating doctor.

Household Services

The cost of hiring somebody to do things around the house while the plaintiff is recuperating from an accident or injury, provided that the expense would not have been incurred had the plaintiff not been injured. These kinds of damages are sometimes included as part of medical expenses.

car accident injury
Head injury caused by car accident.

Medical Malpractice Law

Even a minor pain can disappoint your entire day, so a severe injury can easily change your whole life. The next necessary factor is the plaintiff needs to show that the medical staff’s action is a direct reason for the injury. Seemingly, if the victim is not treated because the doctor did not identify the illness, it might cause death or injury.

In the event the plaintiff’s injury is permanent, such as illnesses like paralysis or cerebral palsy, the costs could be enormous and undoubtedly will continue for a lifetime. The action that caused the injury could perhaps be accidental or intentional. The compensation sum will indeed be determined by the degree or extent of the injury.

Medical malpractice claims should be filed within a particular period. Medical malpractice lawsuits make it possible for victims to have the chance to gather financial damages and losses. Generally, a person may have a malpractice claim once a doctor or another medical staff failed to present appropriate treatment and such treatment caused the patient to undergo an injury.

A jury trial is typically chosen as the proper way of settling claims on medical negligence, with the goal to guarantee impartiality within the trial results. The trial must be held where the cause of action took place, or where the negligence occurred. All civil reasons for actions such as a breach of contract, car incident claims, or product defect claims, should be submitted within a particular period.

Financial Recovery for Injuries and Accidents by Hogan Injury also provides further definitions on the type of legal compensation you can collect if you’re injured in an accident. Below are a couple of info.

General Damages

General damages are awarded in respect to damages due to wrongful conduct given that these damages are “presumed to flow” from the accident or injury, and include pecuniary losses such as loss of future earnings.  Non-pecuniary losses, such as damages for pain and suffering incurred before and after the trial, may also be included.

Present Cash Value

Present cash value is the current value of your projected future earnings. It refers to the amount that you would have earned as returns over a period of time. The returns are generally calculated as being equivalent to the amount you would have earned had you not been injured.

If want to go more into details, you may consult with your lawyer and get expert advice.

 

An Unique Case of Defective Products – Talcum Power

Does Talcum Powder Cause Cancer?

Talcum powder or baby powder holds a yearning place in nearly all our hearts. The fine, white snow frequently conjures up childhood memories, love, and safety.

However, is this superficially harmless powder a hazardous consumer product in particular cases?

While the white powder has been a representation of cleanliness and freshness for years, the baby powder’s connection to cancer has become a lot more prominent recently.

More than 1,400 baby powder ovarian cancer cases have been filed against the main talcum powder manufacturer known as Johnson & Johnson, for allegedly bringing about ovarian cancer and without warning consumers of the risks.

If you are wondering, “does baby powder cause cancer,” then you have come to the exact place.

Defective Products
Commercial Talcum Powder products

The Link between Baby Powder and Ovarian Cancer

Talcum powder is a product made from processing magnesium silicate, simply called “talc.” Baby powder has been existing since 1894 when the company, Johnson & Johnson, first presented it to consumers.

However, apprehensions about its safety appeared in the 1970s when researchers conducted an ovarian tumor study and discovered talc particles rooted in them. Ever since a rising number of research have discovered a possible connection between talc and cancer.

The medical study of such case is still deemed as “inconclusive.” Research of personal talcum powder use has had mixed results, though there are several suggestions of a high risk of ovarian cancer by organizations like the International Agency for Research on Cancer, who have categorized the genital use of such powder as “possibly carcinogenic.”

Defective Products
Man apply baby (talcum) powder to himself.

Things You Must Know About Talcum Powder

There is quite a few important stuff to know about talcum powder use:

  • The American Cancer Society states that the connection between baby powder and ovarian cancer is unclear.
  • The particular concern about talc has something to do with how it gets into the ovaries of a woman. The suggestion is that talc through talcum powder can travel via the fallopian tubes, into the reproductive tract, and then implant itself into the ovaries.
  • African American women who stated they use baby powder have an increased rate of ovarian cancer. Johnson & Johnson, starting in the 1990s, specifically targeted these women in its promotion strategy. This was exposed via an internal company document in the recent cases.
  • Johnson & Johnson still denies the allegations of baby powder as carcinogenic, disagreeing that there is no sufficient statistical data to show a link to any cancer.
  • Johnson & Johnson isn’t t required to place a warning label on their product because it is deemed as a “cosmetic product” by the FDA and so is not regulated. Johnson & Johnson does put a limited warning label on the bottles, warning consumers that their product is for “external use only” as well as to keep it away from the face to prevent inhalation.

Seeking out Medical Attention

If you’re concerned about utilizing talcum powder, think about discontinuing or avoiding its use until more info becomes available. If you or somebody you know is suffering any reproductive health issues related to baby powder, get medical attention instantly.

Get a Claim Evaluation by an Attorney

Receiving an ovarian cancer diagnosis is devastating. If you have used the Johnson & Johnson talcum powder and are worried about whether it positively caused your illness, get in touch with a skilled lawyer for a claim evaluation.

A product liability lawyer with knowledge and experience of talcum powder cases can aid you to protect your rights and seek reward for your pain and suffering, medical bills, and more.

Talcum powder or baby powder products have already been proven in numerous cases as detrimental to both pregnant mothers and their babies. Lawsuits against baby power manufacturers allege that the longstanding use of such products caused them to develop a type of cancer and that they weren’t warned enough of the product’s associated risks.

Defective Products law
Talcum Powder

Affected women, as well as their families, could seek compensation for the injuries they acquire with the assistance of an attorney.

But before discussing anything else, let us talk about the definition of talcum powder first. The article Talcum Powder Cancer Lawsuit by Attorney Group provides the definition below.

“Talcum powder, also known as baby powder or body powder, is a cosmetic product produced and distributed under various brand names by Johnson & Johnson, its subsidiaries, and other companies.

Talc is a mineral comprised primarily of magnesium, silicon, and oxygen. When ground into powder, talc can absorb moisture and reduce friction.  Talcum powder is widely used to help keep skin dry and prevent rashes.

While baby powder is commonly used to prevent or treat rashes, many women also use talc powder for feminine hygiene. Many talcum-based products are also marketed as “Body Powder,” such as Shower-to-Shower and other brand names.

When talcum powder was first sold in consumer products, it contained asbestos, which is a known carcinogen. Baby powder products that contain asbestos are no longer sold, although it has been alleged that talc itself can cause ovarian cancer.”

The article entitled Talcum Powder Product Liability Cases by HG.org talks about Talcum Powder Lawsuits in general. Below is excerpt.

“Risks of Cancer and other Health Conditions

Talcum powder has been successfully proven to be detrimental to a person’s health through the inhalation of the powder by the mouth or nose. Asthma may worsen when inhaling this product and cause a person to continue having difficulties even when taking medication. Other respiratory problems may occur when a baby has been exposed to talcum powder on his or her body. The breathing in of the molecules in the air containing the material often harm the child and expose him or her to further damage internally that may not manifest for years. Long-term medical complications may arise with prolonged exposure.”

Johnson & Johnson Talcum Powder Ovarian Cancer Lawsuits by Find Law targets a more specific manufacturer. Below are just a few of the many lawsuits the company faced.

“In February 2011, Jacqueline Fox was also diagnosed with advanced ovarian cancer after sprinkling baby powder on her underwear since she was a teenager. She died in 2015. In that lawsuit, her lawyers introduced internal document from Johnson & Johnson suggesting they knew of the possible health effects of baby powder, but chose to market baby powder specifically to African- American consumers. A jury awarded Fox’s family $72 million dollars in damages

In 2007, Deane Berg was diagnosed with ovarian cancer after using talcum powder almost every day from 1975-2007. She won her case; however, the court ruled that Johnson & Johnson was not part of a conspiracy, and the jury decided the drug company was not liable, awarding no financial damages to Berg.”

To learn more about talcum powder and its health risks, as well as how to get compensation for your condition, it would be best to contact your lawyer.

A Quick View on Elder Law

During the 1990s, a new term increasingly became fashionable within the ranks of legal practitioners. The term is elder law, and it refers to the legal representation of individuals who are older members of society.

Although there is no fixed date at which a person becomes “old” (retirement age in many companies is sixty-five or seventy; membership in the American Association of Retired Persons – AARP – is available to individuals at fifty-five), there is a rough sense that sometime during this period people cross the threshold from being middle-aged to elderly.

People reach a time in life where their children have grown up and moved away (the so-called “empty-nesters”) and they can think about more leisure time, retirement, and babysitting grandchildren. They are likely to contemplate the necessity of disposing of their worldly possessions after they die.

It should not be surprising, then, that the legal concerns of older citizens would be different from those of younger people.

elderlylaw

Three specific factors contribute to the rise of elder law issues today. First, actuarially, people are living longer now than ever before. Advances in medical science, changes in eating habits and lifestyles, and economic prosperity have all combined to push life expectancies in the United States well into the seventies.

In fact, someone who has survived the mortality risks of childhood and youth can expect to live well beyond eighty. Second, the baby boomers are getting old.

The same post-World War II bulge in population that swelled the elementary schools in the 1950s, graduate schools in the 1970s, and the workforce through the 1950s will swell the ranks of older citizens for the first part of the twenty-first century.

Third, these relatively healthy aging baby boomers are predicted to lead lifestyles very different from those of their grandparents. They will have leisure time and money to spend. When they have problems, whether medical or political, they will be proactive in forging solutions.

They will, as they always have, turn to the law as a vehicle for establishing and protecting their rights.

Elder law is a field that is defined by the clientele rather than the substantive legal problems. In fact, the field is more of an umbrella for many types of substantive practice that are commonly provided for older clients.

It is a buzzword to describe the legal services that elder citizens are likely to require in the areas of estate planning, health law, real estate, Social Security, pensions and retirement, and others.

elderly law

Estate Planning. Older individuals contemplating the end of life often seek legal assistance in developing a plan for disposing of their estates. This can be done through a will during the life of the individual.

Health Law. The fact that older people are statistically more likely to experience health problems means that more of them will have contact with the health care system. As that system changes, and to the extent that lawyers are involved in representing people with health care problems, health law issues will be a major component of elder law.

Real Estate. Many retired people at some point sell the homes they have lived in and move to retirement communities, small homes, condos, or health-care facilities. Thus, there is a high probability that older people will have one or more experiences with real estate law.

Social Security. At age sixty-five, most individuals become eligible for Social Security, Medicare, and other government benefits. As with any government system, many people encounter problems getting the right benefits in a timely fashion. Frequently, they require legal assistance.

Pensions and Retirement. A variety of legal problems are associated with the process of retirement itself. The terms of companies’ retirement policies are not always clear. The timing of retirement is not always agreed upon by employees and their employers. The value of a departing business owner’s equity in the business or succession to leadership is not always clear. The right to manage and control pension-plan assets and benefits may be ambiguous or confusing. These and other issues frequently end up in the hands of lawyers or the courts..

Other Issues. The elderly also face all of the other legal problems that can be found in society. Sometimes age is a factor in the way those problems are handled. Often the personality of the lawyer – being able to communicate with and relate to older people – is significant. The old as well as the young need to feel that they can trust their lawyers.

In one sense, the denomination elder law is shorthand for saying that a firm or individual lawyer concentrates in or is particularly sensitive to older people and their specific legal needs. Anyone practicing law over the next two decades is likely to encounter elderly clients.

Regardless of whether it is a minor or major aspect of a person’s practice, elder law issues will continue to be an important part of law practice in the United States.