Personal Injuries while Driving

Lawyers with their client’s best interest in mind should handle a personal injury case. Personal injury can affect a person emotionally and financially as well as physically, and the victim of such an accident may be entitled to compensation if the other party or parties are guilty of negligence.

For example, Driver A is rear ended at a stop light on a busy intersection by Driver B. Driver B was distracted and did not brake in time, and as a result, they pushed Driver A forcefully into some oncoming traffic. Driver A now has suffered a second collision by a motorcycle that could not move out of the way fast enough. Driver A does not have another mode of transportation to work, so they have to miss work to fix their car. As well as the damage to their vehicle, Driver A has suffered:

● Medical expenses

● Lost work time

● Emotional suffering

● Fear of driving

Since Driver B was negligent, Driver A can file a personal injury lawsuit against them to receive compensation for their pain and suffering. In the personal injury case, Driver A, the plaintiff, and Driver B, the defendant, and will both settle the matter with their lawyers or the case may go to court.

For other cases such as this, the experienced lawyers at Chris Mayo Law Firm based in San Antonio are at chrismayolaw.com. They have fought and won several cases dealing in auto accidents, motorcycle accidents, wrongful deaths, and many more.

How to Stay Safe While Riding Your Bicycle

A fast growing trend among thousands of Americans is riding a bike for a morning exercise, to run an errand or head down to work. This is simply more fun than taking a public transport. However, when riding a bike, one should blend into the flow of the traffic and should never zigzag along roads, go from street to sidewalk or weave between parked cars. Bicyclists should never make their own road rules, otherwise, in the event of an accident, they may lose their right from receiving compensation as the accident would be due to their own acts of negligence and irresponsibility.

Some expert bikers have shared useful information on how riding a bike can be a safe activity. According to them:

The safest way to ride a bike is by being part of the traffic and not by riding on the right edge of the road, very close to the gravel shoulder, as this may be covered with sand or other debris that can cause you to fall;

One should ride on the right side of the street, at least three to four feet from the gravel shoulder. Along this path, other drivers, even pedestrians, will easily see you. Traffic is also slower at the right side of the road, so this will be a safer path, than at the left, where vehicles run faster;

One should ride at least three feet away from cars parked at the side of the street. This is will keep you safe from car doors suddenly being opened or from cars starting and trying to merge back into the flow of traffic;

When riding downhill and your bike begins to run as fast as cars, ride in line with them. Pull a bit to the right, when you begin to fall behind. When passing a car, however, make sure that you pass on its left side; a driver normally expects to be passed on its left side; and,

At a red light or at stop signs, stop behind the car that is already stopped awaiting the green light. Never stop at its right side (especially if it’s a truck instead of a car) as it may crush you if it makes a right turn.

According to the law firm Evans Moore, LLC, reckless drivers pose a constant threat to the safety of cyclists, especially those who run red lights or stop signs, fail to check blind spots, swerve into the bicycle lane, fail to yield the right-of-way to pedestrians and those who speed through areas of heavy foot traffic.

There are many precautions bikers should observe when riding, especially at night. However, there is no safer and smoother way ever to ride than by observing traffic safety rules and riding with the flow of traffic. Riding this way is also a guarantee that, if ever an accident occurs, your personal injury lawyer will be able to fight for your rights and earn for you the maximum compensation that the law allows, since you will clearly be without fault in the accident that occurred.

Slip And Fall Accidents – An Overview

One of the main issues tackled in a premise liability claim is slip and fall. In premise liability laws, property owners have the responsibility to keep their surroundings safe. Slip and fall is just one of the many accidents that can happen in an unsafe premise. When an individual slips or falls and suffers an injury, you may have a case against them. Slip and fall is covered on a broader category of case known as “premise liability.”

According to the website of Mazin & Associates, PC, property owners can be held liable for slip and fall accidents. Property owners have a duty of care to individuals who visit their premises. However, determining fault can be harder than you think. It is not all the time that the owner will be responsible for slip and fall accidents. In reality, it is everyone’s job to ensure the safety of their premises. Proving slip and fall liability centers around the reasonableness of the property owner’s actions.

When it comes to slip and fall accidents, one question that should be answered in the case is “Could the accident have been avoided?” If you slipped because the roof was leaking causing slippery conditions, the property owner may not be responsible for the injury that you incur if there was a drainage grate for limiting slippery conditions. Still it is the job of the property owner to take reasonable steps in ensuring that their premises are free from any dangerous conditions.

Most states adopt the rule of comparative negligence when it comes to slip and fall accidents. So if you were partially responsible for your accident, the amount that will be awarded to you may be reduced. So it is important to have a competent and experienced lawyer to defend you during the trial. They know their way around these cases and will know what to do to ensure you get properly compensated.

Constructon Site Dangers & Accidents

Sixty-year-old Winchester, Massachusetts resident and Woburn-based construction company employee Paul Troisi lost his life on Wednesday, May 4 at around 9 a.m. in Phillipston when a bulldozer backed over him and a steel bucket him him in the head at a construction site of a town park behind a police station.

Troisi was declared dead at the scene of the accident, according to a Worcester district attorney’s office spokesman.

Police officers are saying that the preliminary investigations indicate the case as being a workplace accident, but that they have yet to make a conclusion on the matter. Prosecutors also don’t find Troisi’s death “suspicious”.

Attorneys at Crowe & Mulvey, LLP say that of dangerous working environments, construction sites can be considered the most dangerous, and accidents that occur in these workplaces are the most rampant in the United States. Some factors that contribute to this conclusion include workers having to work at dizzying heights; workers having to maneuver loose scaffolding and cave-ins; workers having to deal with dangerous machinery that can cut them, burn them, or fall on them; and workers having to ingest some toxic chemicals that are present in an everyday capacity at their place of work, among others.

Some of the more specific construction site accidents include electrocution. This is a major onsite hazard, because construction sites are never withour electrical wiring which can be found while making buildings or houses. Instances of electrocution can be avoided if wires in a construction site are all properly labelled and are placed in an area without much foot traffic, electricity is turned off when not in use or when crewmen are in danger of being near a high voltage area, and crewmen are informed as to where the power lines are placed in an area.

To prevent massive injuries in the case of falling debris or falling tools, it is imperative that all crewmen wear hard hats, especially if one is working below a high-risk construction site. For construction workers working above the cobstruction site, they should always use guard rails for their safety, watch their step at all times to prevent themselves from falling, and place tools and machinery in their proper places so as to prevent such items from falling down and injuring people below them.

Negligence resulting in Nursing Home Abuse

The elderly are usually physically delicate, and falling from a relative low height can cause fractures and other injuries. Nursing home staff members are supposed to prevent residents in their care from such incidents. In most jurisdictions, failing to adequately monitor and assist residents may constitute nursing home abuse due to neglect.

Many nursing home residents are put there to make sure that they are safe. It is the duty of nursing home facilities to ensure that the property is a safe environment for the elderly to prevent falls. Staff members are also supposed to be trained in fall prevention techniques and to always keep an eye on their charges whenever they are up and about.

In far too many cases, however, both nursing home facilities and staff fall short of their duty of care.

The Centers for Disease Control and Prevention (CDC) report that resident of nursing homes are more likely to be seriously injured, disabled, or die as a result of falls than those who are living in their own homes or in a regular community. The higher risk of falling in nursing home residents may be due to progressively weaker muscle tone because of lack of exercise, a side effect of the medications they are administered, ill-fitting footwear, or an unsafe living environment such as steep stairs, sharp table edges, high beds, or slippery floors.

According to the website of Resmini Law, injuries sustained in a fall are poorly assessed and managed in many cases. This can lead to complications that can escalate to serious consequences for an enfeebled constitution, which is prevalent among the aged.

There is no excuse for these falls. Many are preventable if nursing home staff and health professionals observe a minimum attendance to their duties. If you or an elderly loved one sustained a preventable fall that led to serious injury, it is your duty to bring it to the attention of the proper authorities. You may also be eligible to get compensation. Consult with a nursing home abuse lawyer in your area for more information.

Xarelto Lawsuits – Another Legal Ditch for Johnson & Johnson

The US Food and Drug Administration estimates about 4 million Americans being prescribed with anticoagulants or blood-thinning drugs every year. The standard anticoagulant that doctors have written on prescription notes since 1954 had been Warfarin, though this particular medication required strict diet, exercise and frequent blood test to make sure that it would work safely and effectively in patients.

In 2010 a new blood thinner, which did not impose the strict diet and frequent visit to the doctor for blood tests, was approved by the FDA – Pradaxa. This new drug was the first direct thrombin inhibitor or DTI that gained FDA approval (as a DTI, it is able to directly block the formation of the blood-clotting factor, called thrombin).

Pradaxa’s hold of the market was short-lived though as it was immediately overshadowed by a newer drug that was introduced and approved by the FDA just a year later. This newer anticoagulant was manufactured by Janssen Pharmaceuticals (a Johnson & Johnson subsidiary) and Bayer Health Care, and sold under the generic name Xarelto. It was the second DTI type of drug that was intended as a direct competition of Pradaxa and an alternative to Warfarin.

Xarelto was originally approved by the FDA as a blood thinner for those recovering from hip replacement surgery or knee surgery. This approval was extended for use of patients suffering from irregular heartbeat, a condition called atrial fibrillation, to minimize in them the formation of blood clots and the risk of stroke, as well as to prevent chances of pulmonary embolism (the formation of blood clot in the lungs) and deep vein thrombosis (DVT), which is blood clotting in the deep veins, usually in the legs.

Despite being effective, Xarelto has been linked to cases of excessive bleeding, the major severe side-effect of modern blood-thinning drugs. Making matters worse, Xarelto, unlike Warfarin, contains no antidote for the severe internal bleeding that it causes and its manufacturers do not have anything on hand to prevent this serious harm. Thus, bleedings are irreversible, leading to emergency treatments or, sometimes, causing patients’ death.

All across the US hundreds of lawsuits have been (and continue to be) filed against Johnson & Johnson and Bayer due to Xarelto’s many adverse effects and the companies’ failure to warn the public of the dangers associated with using the drug. The Xarelto lawsuit lawyers at the National Injury Law Center website says that those harmed by Xarelto should not delay to fight for their legal rights, which can enable them to receive compensation for the unexpected great pains and suffering that they are being subjected to. Filing a lawsuit against the drug’s makers and receiving compensation from them are patients’ rights upheld and protected by US laws to give justice to those made to suffer an injury they never deserve.