FAQ: Birth Injury Rights

FAQ: Birth Injury Rights

A birth injury occurs when bodily damage is caused to a newborn before, during or after being born. Legally, a birth injury can refer to injuries sustained while in the pregnancy stage as well. Below, we go over common questions patients may have when it comes to information and legalities surrounding birth injuries.

What are Birth Injury Conditions?

There are many scenarios and injuries that can be associated with poor medical practices. The most common birth injuries can include the following:

• • Brachial Plexus Injury (Erb’s or Klumpke’s Palsy)

• • Cerebral Palsy (impaired motor function)

• • Spina Bifida (failure of embryonic neural tube to seal before birth)

• • Premature Birth (due to overdose of folic acid)

• • Cerebral Ischemia (reduced blood flow)

• • Pulmonary Hypertension (difficulty breathing)

• • Cephalohematoma (bleeding surrounding skull due to improper use of forceps or other birthing tools)

• Intellectual Disability (due to trauma during labor or delivery)

What are Signs My Doctor is At-Fault?

If any of the above birth injury conditions were diagnosed of your baby, your doctor or medical team may be at fault. Additionally, if you … Read the rest

Applying for Disability Benefits After Fighting Lyme Disease

Applying for Disability Benefits After Fighting Lyme Disease

You probably already know that Lyme Disease is a bacterial infection transmitted by a deer tick bite. You may also know that Lyme Disease may remiss and then exacerbate later on and that someone infected with Lyme Disease may be facing symptoms that leave them unable to maintain employment. If you cannot work due to your symptoms and are deciding if you should apply for disability, read the general information below to gauge your situation.
Symptoms of Lyme Disease Can Disable
The severity of Lyme Disease SYmptoms can vary between the afflicted, but there are some general symptoms that present themselves in three stages. They tend to get worse as they go untreated, so be sure to visit a physician right away.

STAGE ONE: DAYS TO WEEKS AFTER BITE

1. 1. Symptoms begin to appear.

1. 1. Headache, body ache, and flu-like symptoms begin to present themselves.

1. There is a telltale bulls eye rash that typically develops where the bite occurred at this stage.

STAGE TWO:  WEEKS TO MONTHS AFTER BITE

1. 1. More severe muscle

Wheelchair Bound Victim of Diving Neck Accident Sues Tour Operator

Wheelchair Bound Victim of Diving Neck Accident Sues Tour Operator

Owning a pool has its own shares of responsibilities such as preventing someone from drowning.  The National Safety Council reports that almost 80 percent of all reported drowning incidents occur in residential pools and spas. As a result, anyone who owns a swimming pool risks facing lawsuits once an individual gets injured in or near the pool. However, what if you are not a pool owner but rather a tour guide introducing clients to a pool?  Apparently, you too can be liable for any injury accrued as a result of use of a pool, at least in the United Kingdom.

Cory Peyton was a 15 year old teenager when he hit his head on the bottom of an indoor pool at the Holiday Village resort in Albfeira, Portugal.  Peyton states that he was “trying to teach a girl to dive” and while demonstrating a diving method, struck his head in what he reports as a “shallow” pool.  His head injury resulted in severe consequences, leaving him paralyzed in a wheelchair … Read the rest

Burns in a Restaurant

Burns in a Restaurant

Everyone has enjoyed food or drink from cafeteria, restaurant, or any other establishment that welcomes patrons of food and beverage.  With this knowledge the establishment is aware that they have a responsibility to ensure that all that they have to offer is safe for their customers as well as their staff.  One of the most serious and painful injuries a person can suffer from are severe burns.  Considering severe burns can affect your physical appearance and your health. Severe burns from liquids that include soup, coffee, wax, etc., can damage several layers of the skin causing possible nerve damage. Because burns are treated in a burn center, a victim with a severe case may have surmountable medical bills; it’s always best to know your rights.

Those that experience severe burns are subjected to plastic surgery and skin grafts and they may have to live with the risk of infections, even after the time of the accident. Victims often have inoperable scarring that results in them having to limit their time in the sun. Victims also are … Read the rest

Best Practices for Reporting a Car Accident

Best Practices for Reporting a Car Accident

Being in a car accident can be stressful and unexpected which means that it can be that much harder to gather your wits together after one and report the accident, as a car accident lawyer knows all too well. Obviously, a major accident will result in the police showing up and preparing a police report about the accident.  Here’s what you need to know about contacting the police regardless of the type of accident you have.

Is it always necessary to contact the police about an accident? The short answer is yes.  Some states require that the police be contacted whenever there is an accident.  Even if there is no state requirement to contact the police, calling the police and letting them decide whether to come fulfills your obligation in terms of at least notifying the police that an accident occurred. That being said, some accidents are just so minor that it would be a waste of everyone’s time to call the police, especially if the damage is very minor and there are … Read the rest

Why You Should Have a Will

Why You Should Have a Will

You don’t have to be wealthy to have a will. In fact, it’s beneficial for many people to have a will in place. It will protect your loved ones and ensure that your wishes are carried out after you die. Here are several reasons why you should have a will:

Your Assets Will Go to the Right People

When you draft a will, you can include which relatives you want to inherit your assets when you die. Without a will in place, there’s no guarantee that your belongings will go to the people you want to have them. This can create a lot of fights among family members.

You Can Prevent a Long Probate Process

All estate plans have to go through a probate process before assets can be distributed to beneficiaries. However, the process can be drastically shortened if there is a will in place. Instead of taking over a year, the probate process could be completed in just a few months. Your beneficiaries will be happier to receive their inheritances earlier.

You … Read the rest

How do I sue a business for a slip and fall accident?

What You Should Know About Slip and Fall Situations

Have you ever experienced a slip and fall situation in a store or business? Were you browsing the aisles considering which breakfast cereal to purchase and suddenly find yourself losing your balance and landing on a wet floor? Clearly an employee had been mopping up a spill, but the employee and a warning “wet floor” sign are absent from the scene. You could have a case to sue for financial compensation for your injuries. There are steps you need to take to follow through with this decision to pursue a case:

1. 1. You should immediately contact the store owner or manager of the property of your accident and explain the circumstances revolving around the occurrence. Document their responses and have them sign the documentation if they are willing. Some stores will actually have you fill out their own incident reports.  

1. 1. Visit your doctor for an exam and take a copy of the results. This will become your evidence that an injury occurred and that you have a basis to claim compensation. It

Proving Negligence in a Trip and Fall Case

Trip and Fall Cases

Trip and fall cases represent a large proportion of personal injury cases and for good reason, as a personal injury lawyer  trusts can attest. People trip and fall all the time resulting in injuries and damages. The question, however, of whether that trip and fall translates into a settlement depends solely on whether the case can be proven. This may be straightforward in a trip and fall case, and it may not be.

The law of torts – that is injuries to others – establishes that to have a successful trip and fall claim, the plaintiff must show that the person who had control of the premises upon which they tripped had a duty to keep the premises clear, they breached that duty, the breach was the proximate cause of the plaintiff’s fall, and the plaintiff suffered injuries as a result. These four elements are known as duty, breach, causation, and injury. All four have to be proven to show negligence.

Duty:  The duty owed here is one of care to keep the property safe … Read the rest

Ways to Simplify Probate

Ways to Simplify Probate

Losing a loved one can be emotionally taxing. There are legal obligations associated with the deceased’s property. Determining their wishes can appear to be a daunting task without a previously arranged estate plan or will. Resolving these legal and financial affairs can be stressful and tedious. However, there are options to allow for a smooth probate process.The court can legitimize a will so the property and money can be easily distributed to the closest relatives or beneficiaries.Although, in larger cases where the estate is significant, or the will is opposed by an outsider, the probate process can be costly.

How Can I Prevent a Costly Probate Process?

The common solution to automatically avoid probate is to create a will or living trust whereby you transfer ownership of property and assets to an established beneficiary or beneficiaries. This will inhibit the need for probate altogether. After you pass away, the beneficiary is given legal authority to distribute your assets in whatever manner they deem appropriate. After this trust is established and you pass away, your assets and … Read the rest

The Possible Consequences of Post-Traumatic Stress Disorder

What is PTSD?

A traumatic event can affect your life for a long time. You may even get diagnosed with Post-Traumatic Stress Disorder (PTSD), which can lead to potentially severe physical and/or mental manifestations.

In these cases, individuals may need to hire a personal injury attorney to help them obtain financial assistance for their condition. Let’s take a look at some further information about PTSD and legal steps victims have to take to receive compensation.

How Is One Diagnosed with PTSD?

Not everyone who experiences a stressful event and has backflashes are diagnosed with PTSD. People with PTSD experience:

• • Reexperiencing symptoms: Individuals with these symptoms may have flashbacks and nightmares.

• • Avoidance symptoms: People with avoidance symptoms avoid anything that reminds them of the traumatic event they experienced.

• • Triggered or reactive symptoms: With triggered and reactive symptoms, individuals may become anxious or excited easily. They may also have trouble sleeping and get angry.

• Cognition and mood symptoms: Individuals who go through cognition and mood symptoms may experience depression, have trouble concentrating and not have as much interest in daily activities.

Formal … Read the rest