How much money is your injury worth?

If you’ve been personally injured, you might’ve considered seeking legal representation to get compensation for all the costs associated with your injury. Monetary compensation for injuries can range from hundreds of dollars to millions. It all depends on the type of injury, the costs of the injury, the circumstances surrounding the accident, etc. In this article, we are going to explore some of the things that can affect how much compensation you are eligible to receive for a personal injury case.

There are generally two types of damages in personal injury cases: Compensatory and Punitive. Compensatory damages are meant to help the injured person back into a pre-injury state, or as close as possible. These damages are usually commensurate with the number of costs related to physical damage, emotional stress, lost time, and even loss of enjoyment. The other type of damage, Punitive, is generally charged in addition to any compensatory damages. These apply when a defendant’s actions that resulted in the injury are particularly appalling. Overall, the number of damages that are charged greatly depends on the circumstances surrounding the incident of personal injury. More costly injuries with greater physical and emotional harm will typically receive more compensation than others.

Some plaintiff actions can actually decrease the amount of compensation they are eligible to receive. If you have been personally injured but were partially responsible in one of the following ways, you might lose some potential compensation. The legal concept that describes this situation is comparative or contributory negligence. If for example, you were involved in a car accident, but you failed to buckle your seatbelt, you would likely be considered partially responsible for any injuries that you sustained during your accident, particularly if the accident could’ve been prevented by use of a seatbelt. Furthermore, you could share liability in the costs of your injury if you failed to mitigate damages following the incident. If you have been personally injured but don’t take reasonable steps to mitigate the costs of that injury, like failing to visit a doctor, you might forego some potential reparations. It is important to note that even if you were in some way responsible for the incident or failed to respond accordingly, you might still be eligible for financial compensation. To be certain, you should contact a lawyer with any questions or concerns that you might have.

Another aspect that affects the value of your injury is the legal costs that will accrue if you seek legal recourse. Attorneys can be very expensive, and you might run the risk of suing without receiving any compensation.

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Faulty Manufacturing Design: The Major Cause of Rollover Accidents

Every year, 10,000 deaths and 24,000 cases of serious injuries, all due to rollover accidents, are reported to the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA). A rollover is one type of accident wherein a vehicle rolls onto its side or roof. Like head-on collisions, it can be life-threatening, especially if the vehicle’s roof collapses and crashes down on the driver’s head and spine, as this can easily result to serious head and spinal injuries.

Though rollover accidents have always occurred, their frequency had not been as often as in the 1990s, the decade when the production of passenger vans increased and SUVs where introduced. These vehicles, especially SUVs, are designed with a high ground clearance (or a high center of gravity) and a narrow track width which is shown by the shorter distance between their left and right wheels. Compared to cars, vehicles designed this way are less stable and their steering capacity greatly reduced and still reduced further if the weight of cargo and/or the weight of passengers is/are not equally distributed.

While any type of vehicle may rollover, including cars, especially when these are hit with great force on it side, more prone to this type of accident are SUVs, passenger vans and pick-up trucks. Still increasing these vehicles’ susceptibility to rollover are speed above 55mph and an alcohol-impaired driver. But while speed and alcohol increase the risk of rollover accidents, these, according to the NHTSA, are only secondary factors, as the major cause of the accident is the vehicle’s faulty manufacturing design.

If a vehicle with a narrow track width and high ground clearance is driven down a steep slope at fast speed, or if its driver makes a sharp turn without slowing down, then there is a possibility for it to fail to remain upright or slide sideways and rollover. The same thing happens when it digs its tires into soft soil or strikes an object, such as a guardrail or a curb, as it slides sideways after leaving the roadway.

According to the Insurance Institute for Highway Safety, while the 2014 car occupant death rate has gone down to 51 percent since 1975, death rates for pick-up truck and SUV occupants have gone up to 15% and 9%, respectively; death rates of pick-up and SUV drivers have also increased. In 2010 alone, at least 7,600 people died in rollover accidents.

Rollovers have a higher fatality rate than other types of motor vehicle crashes. For survivors of this type of accident, however, the website of Houston Taxotere lawsuit attorneys  says that, besides the physical and mental trauma that victims may suffer, the process of recovery can also very much impose significant financial burdens on them and their families.

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The Dangers of Robotic Surgery

Innovation in science and technology has helped us overcome obstacles and reach new heights as a human race, but sometimes we have to stop and analyze whether or not we are getting ahead of ourselves.

The da Vinci system, created by Intuitive Surgical Inc., is a robotic surgical system that has been on the market for more than decade, according to a New York Times article. They have performed more than one million procedures and increased in the United States more than 400% between 2007-2011.

The problem with all of this is the liability factor. 56.8% of surgeons reported experiencing irrecoverable operative malfunctions while using the system. Only 174 injuries and 71 deaths have been reported, but according to the article an immense amount of injury causing operations have gone unreported.

Dr. Martin A. Makary, an associate professor of surgery at John Hopkins, believes this is due to the fact that the media is underreporting accidents, making it easier for those involved to not have to take responsibility.

Intuitive apparently aggressively markets their equipment. Doctors and physicians have received pressure to use them, even though the quality of training provided to surgeons is not on par with their training for traditional surgery.

Women are especially at risk for a da Vinci system related injury. One third of the reported deaths have been because of gynecologic procedures, and 43% of injuries have been associated with hysterectomies.

Hospitals are required to report all of the devices involved in an injury or death to the FDA 30 days after the fact, but many have neglected to do so with the da Vinci system. The website of Crowe & Mulvey, LLP says that although the system has the ability to be beneficial for patients, in the wrong hands or under the wrong circumstances, robotic surgery can lead to unnecessary and avoidable injuries and complications.

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See Below For Great Ideas And Tips To Help You With Personal Injury

Do you need a good personal injury lawyer? This article can help you. When you choose a lawyer for your personal injury, you don’t always want to choose the first lawyer you speak to. There are certain things that you should look for, and this article will help you to choose the lawyer who is right for your case and individual needs. The website mentioned above should be used for victims that are in Tennessee, so make sure you are searching for the lawyer that is local to you.

When hiring a personal injury lawyer, it is important to find a practitioner with vast experience working on behalf of plaintiffs. By researching the lawyer’s background and experience, you will be sure that you are engaging the services of someone able to work diligently to secure the compensation you and your family deserve.

Can you get a settlement? Ask your lawyer. This will cut down on the stress you must experience and can also limit your legal fees.

If you are in pain after an accident, be very vocal about it and never try to hold the feelings in. This is not a good idea because it will give the other party leverage during a lawsuit. They will argue that you never said that you were injured at the time of the accident.

You needn’t call your lawyer simply because you have a little discomfort after an accident. This is nothing to be alarmed about and it may quickly go away. If after a few more days you’re still feeling pain, then you should certainly contact an attorney.

Try using the Internet to find a personal injury attorney. You can easily search locally on various databases, organization websites, and forums. You can even search for local attorneys that specialize in specific niches like car accidents. These resources can provide you with detailed lists of attorneys in your area, and some even include their website links.

Making the decision about which personal injury lawyer to hire is a very important one, as your lawyer will most likely have a tremendous bearing on the success of your court case. Weigh the information you have read here with careful consideration. Best of luck to you.

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Qualified Medical Expenses in Personal Injury

When discussing personal injury cases, the first thing that comes to mind as qualified for compensation are medical expenses. After all, it is a personal injury lawsuit, which by definition not only requires proof of the defendant’s negligence but that physical injury or harm occurred because of this negligence. The latter requires medical records as proof of injury; ergo, medical expenses.

But just as quickly as it comes to mind does it depart, because there is no ambiguity in making a claim for medical expenses. It is all in black and white, stamped, received and acknowledged. The thing that occupies a great deal of time on the negotiation table is the non-tangible aspects of the claim, the well-known punitive damages. However straightforward it may be, it would be worthwhile to consider what exactly the qualified medical expenses are and required documentation.

Generally, qualified medical expenses should be “necessary and reasonable.” It should be noted that what is reasonable is not always necessary. For example, in the course of revision surgery for a defective medical device such as a transvaginal mesh, the patient requests for a dilation and curettage. This is reasonable to improve the patient’s overall health, but not necessary in terms of the revision surgery.

Medical expenses in personal injury claims typically include hospital confinement, testing and diagnostics, surgical costs, rehabilitation and physical therapy, medications, and pain management. In some cases, some insurance fees related to processing a claim may be included.

The total sum for all these expenses may run into large figures, especially if the injury is severe with long-term effects. This is why it is crucial to have complete documentation when filing a personal injury claim for medical expenses. You will have a much easier time showing the reality of your injuries if you keep strong records of them.

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Birth Injuries and Cerebral Palsy

There was a time when becoming pregnant was like a death sentence. There was a 50-50 chance that the child, the mother, or both will die during childbirth. This was because historically, a woman gave birth at home and if she was very lucky, would have a midwife in attendance who would know more than the mother about it, but not much. Fatalities also occurred because sanitation was not a high priority back in the day, so what the trauma of childbirth failed to do, infection would finish off.

Of course, these things are no longer true, and while mothers and children still die from the complications of childbirth, the numbers are way, way lower. In general, a competent obstetrician would be on hand to help with a delivery, and everyone washes their hands before doing the deed. However, there are still instances when birth injuries occur that may result in death or lifelong health issues for the child.

A surprisingly high number (2 out of 1,000 live births) of children present with the characteristics of cerebral palsy (CP) after birth. While the exact cause of neonatal CP is not known, the evidence suggests that a significant number may be due to medical malpractice.

CP is a motor development problem in which the afflicted can have moderate to severe difficulty in controlling their movements, depending on the type of CP present. Those suffering from the more severe forms of CP would be incapable of caring for themselves and would need special care throughout their lives.

At-birth onset of CP may be due to several factors, such as lead exposure of the mother or the presence of an intrauterine infection during pregnancy. But it is also possible that the CP resulted from an insufficient flow of oxygen to the child’s brain before, during, and after the stresses of childbirth. Medical negligence kicks in when the doctor fails to follow standard procedure to clear the air passage of the newborn immediately upon delivery, resulting in CP development.

If your child has suffered birth injuries due to the negligence or incompetence of a healthcare profession, contact a personal injury lawyer in the area specializing in getting compensation for such cases. You will need all the assistance you can get to provide for your unfortunate child. If you live in the East Texas area and your child is a victim of birth injuries, then contacting a Fort Worth Personal Injury Attorney would be the next best step in learning more about the next legal steps to take.

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