Personal Injury

You’re hurt and out of work, so who should compensate you? While they both aim to provide income for people too hurt to work, workers’ compensation insurance and Social Security disability insurance (SSDI) function a little bit differently.
So if your workers’ compensation claim is denied, can you receive SSDI benefits instead? The answer may depend on if you’re filing for benefits from the state or federal government.

Where Were You Hurt?
Both workers’ compensation and disability benefits are legally mandated programs aimed to cover your expenses if you’re too injured to work. While state disability benefits are designed to cover non-work-related injuries and illnesses, workers’ compensation benefits are funded by your employer and are specifically for on-the-job injuries. As such, you are probably ineligible for state benefits if you’re hurt at work, even if workers’ comp doesn’t cover your injury.
That said, there are some cases where disability benefits may apply to work-related injuries. If state disability benefits are more substantial than workers’ compensation benefits for which you are eligible, or if your employer is disputing your workers’ comp claim, you may be eligible for state disability benefits.
How Long Will You Miss Work?
Another crucial difference is the classification of injury. Workers’ comp covers temporary injuries, from which you are expected to return to your previous employment within a year. On the other hand, in order to qualify for Social Security Disability benefits, you must have a physical or medical condition that has lasted or is expected to last for more than 12 months, and prevents you from doing any kind of work.
It is possible to receive both workers’ compensation and SSDI benefits if you are expected to be disabled for over a year or have a terminal illness. Generally, your SSDI benefits will be reduced, depending on how much you are receiving from workers’ comp.
If your worker’s compensation claim is denied outright and you have a disability that will keep you from working for over a year, you may be eligible for either state or federal disability benefits. To find out if you’re covered, you may want to talk to an experienced workers’ comp attorney.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
5 Things a Personal Injury Lawyer Can Do (That You Probably Can’t) (FindLaw’s Injured)
Workers’ Comp or Disability for Workplace Injuries? (FindLaw’s Injured)
Workers’ Comp or Lawsuit? 3 Considerations (FindLaw’s Injured)

Source: Legal Law Firm

You’re hurt and out of work, so who should compensate you? While they both aim to provide income for people too hurt to work, workers’ compensation insurance and Social Security disability insurance (SSDI) function a little bit differently.
So if your workers’ compensation claim is denied, can you receive SSDI benefits instead? The answer may depend on if you’re filing for benefits from the state or federal government.

Where Were You Hurt?
Both workers’ compensation and disability benefits are legally mandated programs aimed to cover your expenses if you’re too injured to work. While state disability benefits are designed to cover non-work-related injuries and illnesses, workers’ compensation benefits are funded by your employer and are specifically for on-the-job injuries. As such, you are probably ineligible for state benefits if you’re hurt at work, even if workers’ comp doesn’t cover your injury.
That said, there are some cases where disability benefits may apply to work-related injuries. If state disability benefits are more substantial than workers’ compensation benefits for which you are eligible, or if your employer is disputing your workers’ comp claim, you may be eligible for state disability benefits.
How Long Will You Miss Work?
Another crucial difference is the classification of injury. Workers’ comp covers temporary injuries, from which you are expected to return to your previous employment within a year. On the other hand, in order to qualify for Social Security Disability benefits, you must have a physical or medical condition that has lasted or is expected to last for more than 12 months, and prevents you from doing any kind of work.
It is possible to receive both workers’ compensation and SSDI benefits if you are expected to be disabled for over a year or have a terminal illness. Generally, your SSDI benefits will be reduced, depending on how much you are receiving from workers’ comp.
If your worker’s compensation claim is denied outright and you have a disability that will keep you from working for over a year, you may be eligible for either state or federal disability benefits. To find out if you’re covered, you may want to talk to an experienced workers’ comp attorney.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
5 Things a Personal Injury Lawyer Can Do (That You Probably Can’t) (FindLaw’s Injured)
Workers’ Comp or Disability for Workplace Injuries? (FindLaw’s Injured)
Workers’ Comp or Lawsuit? 3 Considerations (FindLaw’s Injured)

Source: Legal Law Firm

You’ve just gotten into a car crash. You were entirely innocent, and the other driver was 100 percent at fault. Your insurance paid your medical bills and your car repair bills. You think everything is all done. But, the insurer is contacting you and asking questions about what happened and who is at fault. They keep throwing around the words subrogation and lawsuit.
What is subrogation? Should you be worried?
Subrogation
Subrogation literally means one party stands in the place of another.

Normally, you need to have standing to sue, and to have standing, you must be the injured party. For example, I get hit in the face by a ball Tommy threw. I feel bad for Tommy, so I don’t want to sue him. My friend Jenny is so mad at Tommy that she wants to sue him on my behalf. However, since she wasn’t the person who suffered the harm, she can’t sue.
Subrogation allows a third party, who would usually not have standing to sue, to pursue a claim on behalf of the injured party.
Insurance
Subrogation commonly comes up in the insurance context. After an accident, your insurance company usually pays your medical bills. Then, it will turn around and assert a subrogation claim against the other driver to get reimbursed for the money it paid to you.
Subrogation can also work against you. For example, the insurance company pays you $10,000 for your medical bills. You sue the other driver, and you win $10,000 for medical bills and $5,000 for pain and suffering. Lucky you, you got your medical bills covered twice!
Now, your insurance company can make a subrogation claim to take the $10,000 for medical bills that the other driver paid. Your net earnings would still only be $10,000 for medical bills and $5,000 for pain and suffering, not $20,000 for medical bills.
Child Support
Subrogation also comes up often in the child support context. For example, say one parent owes child support but isn’t paying it, and the other parent must apply for welfare assistance such as food stamps. The government could then go after the delinquent child support payer for reimbursements of benefits paid to the other parent.
If an insurance company or the government is bringing a subrogation claim against you, an experienced attorney may be able to help.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
Do You Need a Lawyer for Your Car Accident Case? (FindLaw’s Injured)
11 Things to Do After a Car Accident (FindLaw’s Injured)
Is It Too Late to File My Car Accident Claim? (FindLaw’s Injured)

Source: Legal Law Firm

You’ve just gotten into a car crash. You were entirely innocent, and the other driver was 100 percent at fault. Your insurance paid your medical bills and your car repair bills. You think everything is all done. But, the insurer is contacting you and asking questions about what happened and who is at fault. They keep throwing around the words subrogation and lawsuit.
What is subrogation? Should you be worried?
Subrogation
Subrogation literally means one party stands in the place of another.

Normally, you need to have standing to sue, and to have standing, you must be the injured party. For example, I get hit in the face by a ball Tommy threw. I feel bad for Tommy, so I don’t want to sue him. My friend Jenny is so mad at Tommy that she wants to sue him on my behalf. However, since she wasn’t the person who suffered the harm, she can’t sue.
Subrogation allows a third party, who would usually not have standing to sue, to pursue a claim on behalf of the injured party.
Insurance
Subrogation commonly comes up in the insurance context. After an accident, your insurance company usually pays your medical bills. Then, it will turn around and assert a subrogation claim against the other driver to get reimbursed for the money it paid to you.
Subrogation can also work against you. For example, the insurance company pays you $10,000 for your medical bills. You sue the other driver, and you win $10,000 for medical bills and $5,000 for pain and suffering. Lucky you, you got your medical bills covered twice!
Now, your insurance company can make a subrogation claim to take the $10,000 for medical bills that the other driver paid. Your net earnings would still only be $10,000 for medical bills and $5,000 for pain and suffering, not $20,000 for medical bills.
Child Support
Subrogation also comes up often in the child support context. For example, say one parent owes child support but isn’t paying it, and the other parent must apply for welfare assistance such as food stamps. The government could then go after the delinquent child support payer for reimbursements of benefits paid to the other parent.
If an insurance company or the government is bringing a subrogation claim against you, an experienced attorney may be able to help.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
Do You Need a Lawyer for Your Car Accident Case? (FindLaw’s Injured)
11 Things to Do After a Car Accident (FindLaw’s Injured)
Is It Too Late to File My Car Accident Claim? (FindLaw’s Injured)

Source: Legal Law Firm

We’ve all heard of doctor-patient confidentiality or doctor-patient privilege many times on television.
We know that doctors can’t disclose our private medical information without our permission. However, as with all things law related, there are exceptions. Sometimes doctors are required by state law to disclose certain confidential information.
Is there an exception that will allow your doctor to testify against you at trial?

Doctor-Patient Privilege
Doctor-patient privilege is governed by state laws, so it can vary from state to state.
Doctor-patient privilege is a rule of evidence that prohibits doctors from disclosing private patient information to a third party without the patient’s permission. This privilege covers medical diagnosis, medical documents, any information the patient discloses in the course of treatment, and even the doctor’s opinions about the patient’s condition. This privilege is in place to ensure patients feel comfortable being completely honest with their treating physician.
However, the privilege is not absolute. Some states require doctors to report gunshot wounds, venereal disease, or suspected domestic or child abuse. In some cases, doctors may be required to disclose patient’s threats to harm either themselves or others. In the case of James Holmes, the man who killed several people at a movie theater, his psychiatrist did not violate doctor-patient privilege when she alerted campus police about Holmes’ threats.
Testifying at Trial
Doctor-patient privilege would generally prevent a doctor from testifying at trial. However, you can waive this privilege to allow your doctor to testify on your behalf.
You should think very carefully before deciding to waive your privilege. Once the privilege is waived, the opposing side can then ask your doctor about information that was previously privileged. You will not be able to reassert privilege.
For example, at trial, you ask your doctor to testify to how much a recent car accident aggravated your prior back injury. Since you’ve opened the door on the issue of your back injury, the opposing side can now ask your doctor questions about that prior back injury.
Breach of Doctor-Patient Privilege
Without a waiver, doctor-patient privilege continues indefinitely. Like attorney-client privilege, the doctor must keep information confidential even after you stop seeing him. The privilege will last even after you die. If the doctor testifies against you even though you did not waive the privilege, he has breached doctor-patient privilege. You may have a claim for malpractice or invasion of privacy or related causes of action.
If you are considering having your doctor testify at trial on your behalf, an experienced attorney will be able to help you consider your options and protect your privacy.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
Therapists May Be Required To Report Threats (FindLaw’s Law and Daily Life)
Holmes’ Psychiatrist Alarmed, Called ‘Threat’ Team (FindLaw’s Blotter)
Etan Patz Case: When Must You Report a Confession? (FindLaw’s Blotter)

Source: Legal Law Firm

We’ve all heard of doctor-patient confidentiality or doctor-patient privilege many times on television.
We know that doctors can’t disclose our private medical information without our permission. However, as with all things law related, there are exceptions. Sometimes doctors are required by state law to disclose certain confidential information.
Is there an exception that will allow your doctor to testify against you at trial?

Doctor-Patient Privilege
Doctor-patient privilege is governed by state laws, so it can vary from state to state.
Doctor-patient privilege is a rule of evidence that prohibits doctors from disclosing private patient information to a third party without the patient’s permission. This privilege covers medical diagnosis, medical documents, any information the patient discloses in the course of treatment, and even the doctor’s opinions about the patient’s condition. This privilege is in place to ensure patients feel comfortable being completely honest with their treating physician.
However, the privilege is not absolute. Some states require doctors to report gunshot wounds, venereal disease, or suspected domestic or child abuse. In some cases, doctors may be required to disclose patient’s threats to harm either themselves or others. In the case of James Holmes, the man who killed several people at a movie theater, his psychiatrist did not violate doctor-patient privilege when she alerted campus police about Holmes’ threats.
Testifying at Trial
Doctor-patient privilege would generally prevent a doctor from testifying at trial. However, you can waive this privilege to allow your doctor to testify on your behalf.
You should think very carefully before deciding to waive your privilege. Once the privilege is waived, the opposing side can then ask your doctor about information that was previously privileged. You will not be able to reassert privilege.
For example, at trial, you ask your doctor to testify to how much a recent car accident aggravated your prior back injury. Since you’ve opened the door on the issue of your back injury, the opposing side can now ask your doctor questions about that prior back injury.
Breach of Doctor-Patient Privilege
Without a waiver, doctor-patient privilege continues indefinitely. Like attorney-client privilege, the doctor must keep information confidential even after you stop seeing him. The privilege will last even after you die. If the doctor testifies against you even though you did not waive the privilege, he has breached doctor-patient privilege. You may have a claim for malpractice or invasion of privacy or related causes of action.
If you are considering having your doctor testify at trial on your behalf, an experienced attorney will be able to help you consider your options and protect your privacy.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
Therapists May Be Required To Report Threats (FindLaw’s Law and Daily Life)
Holmes’ Psychiatrist Alarmed, Called ‘Threat’ Team (FindLaw’s Blotter)
Etan Patz Case: When Must You Report a Confession? (FindLaw’s Blotter)

Source: Legal Law Firm

Stress at work is so ubiquitous that many of us accept it as a way of life.

However, if your stress is caused by the conditions at your work, you may have a workers’ compensation claim.

How to Get Workers’ Compensation For Stress

Since workers’ compensation laws vary from state to state, we will discuss California’s workers’ comp law as a general guide.

Work related

As with any other workers’ comp claim, you have to prove your stress was job related.

Stress can be caused by many factors both at work and away from work. In California, you only have to show that work events or conditions were the predominant (51 percent) cause of your condition. You don’t have to show that your stress was solely caused by work factors.

Qualifying work factors can include abusive supervisors, or a hostile work environment. Non-discriminatory, legal personnel actions such as criticism for bad work or refusal to promote do not qualify as work-related causes for stress.

6 Months of employment

Usually, you can claim workers’ compensation for an injury as long as it was during the course of your work duties, even if you just started work the day before.

However, to qualify for compensation for stress, California requires you to have worked for the employer for at least six months. The justification behind this rule is that stress develops overtime. Stress that shows up the second day of work probably wasn’t predominantly caused by events at work.

Proof

Stress claims are so hard to win because it is often almost impossible to prove. Insurance companies will investigate every aspect of your life to find out-of-work factors to point to as the cause of your stress.

California’s workers’ compensation laws are more generous than most other states. Some states require you to show that the stress you suffer is more than the normal level of stress everyone else suffers. Some states don’t allow stress claims for workers’ compensation at all.

Check your state’s laws to see if you are allowed to make a stress-related workers’ compensation claim. An experienced local workers’ comp attorney will be able to help you do so and evaluate your claim.

Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) ‘Pepper-Spraying Cop’ Wants Workers’ Comp (FindLaw’s Injured)
100 Sled Dogs Killed: Man Gets Workers’ Comp (FindLaw’s Law and Daily Life)
Can you Sue Over Mental Stress, Trauma? (FindLaw’s Injured)

Source: Legal Law Firm

Stress at work is so ubiquitous that many of us accept it as a way of life.

However, if your stress is caused by the conditions at your work, you may have a workers’ compensation claim.

How to Get Workers’ Compensation For Stress

Since workers’ compensation laws vary from state to state, we will discuss California’s workers’ comp law as a general guide.

Work related

As with any other workers’ comp claim, you have to prove your stress was job related.

Stress can be caused by many factors both at work and away from work. In California, you only have to show that work events or conditions were the predominant (51 percent) cause of your condition. You don’t have to show that your stress was solely caused by work factors.

Qualifying work factors can include abusive supervisors, or a hostile work environment. Non-discriminatory, legal personnel actions such as criticism for bad work or refusal to promote do not qualify as work-related causes for stress.

6 Months of employment

Usually, you can claim workers’ compensation for an injury as long as it was during the course of your work duties, even if you just started work the day before.

However, to qualify for compensation for stress, California requires you to have worked for the employer for at least six months. The justification behind this rule is that stress develops overtime. Stress that shows up the second day of work probably wasn’t predominantly caused by events at work.

Proof

Stress claims are so hard to win because it is often almost impossible to prove. Insurance companies will investigate every aspect of your life to find out-of-work factors to point to as the cause of your stress.

California’s workers’ compensation laws are more generous than most other states. Some states require you to show that the stress you suffer is more than the normal level of stress everyone else suffers. Some states don’t allow stress claims for workers’ compensation at all.

Check your state’s laws to see if you are allowed to make a stress-related workers’ compensation claim. An experienced local workers’ comp attorney will be able to help you do so and evaluate your claim.

Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury) ‘Pepper-Spraying Cop’ Wants Workers’ Comp (FindLaw’s Injured)
100 Sled Dogs Killed: Man Gets Workers’ Comp (FindLaw’s Law and Daily Life)
Can you Sue Over Mental Stress, Trauma? (FindLaw’s Injured)

Source: Legal Law Firm

If you have ever had food poisoning, you have our sincerest sympathies.
Food poisoning is the result of consuming food contaminated with a bacteria or virus. Symptoms of food poisoning include fever, headache, nausea, diarrhea, and dehydration. Food poisoning can be caused by unclean hands when cooking, undercooked or raw foods, and improper storage which transmit the bacteria and viruses.

Here are three most common types of food poisoning:

1. E. Coli
E. coli is more formally known as Escherichia coli. It is a bacterium that lives in the digestive tract of mammals. Most strains of E. coli are harmless. However, E. coli O157:H7 is the leading cause of food poisoning.
E. coli can cause severe diarrhea, abdominal cramps, and in severe cases, Hemolytic Uremic Syndrome (HUS). HUS can cause kidney failure, stroke, and coma.
Most healthy adults recover easily from E. coli, but infection in young children and the elderly can cause death.
2. Salmonella
Salmonella is another bacterium that lives in the digestive tract of animals and humans. Salmonella infects fruits and vegetables when animal feces contaminates the water supply used to irrigate crops. Humans can also get salmonella from handling their pets.
Symptoms of food poisoning from salmonella usually start 12 to 72 hours after consumption. Symptoms include abdominal cramps, headache, fever, nausea, vomiting and severe diarrhea. More serious infections can also cause arterial infections, endocarditis, and arthritis.
Most people recover from salmonella without medical treatment. People with other health problems, young children, and the elderly may require antibiotics and intravenous fluids.
3. Listeria
Listeria monocytogenes is a bacteria commonly found in soil and water contaminated with animal feces. It can contaminate raw meats, fruits, and vegetables. The bacteria can still survive on foods that have been cooked or frozen.
According to the CDC, listeria infects nearly 1,600 people and kill over 200 people each year. Listeria can cause serious or fatal infections among young children and elderly people. Expectant mothers could suffer miscarriages or stillbirths. Healthy adults may only suffer short term symptoms such as fever, headache, stiffness, nausea, and diarrhea.
While food poisoning cases can often be hard to prove, you do have the right to sue the restaurant or manufacturer for food poisoning. Most food poisoning cases are based on the theory of negligence or strict liability. If you believe that you have a claim, an experienced consumer protection attorney may be able to help.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
What to Do After Food Poisoning (FindLaw’s Injured)
5 Things to Consider When Suing a Restaurant (FindLaw’s Injured)
To Sue for Food Poisoning, Do You Have to Be Hospitalized? (FindLaw’s Injured)

Source: Legal Law Firm

If you have ever had food poisoning, you have our sincerest sympathies.
Food poisoning is the result of consuming food contaminated with a bacteria or virus. Symptoms of food poisoning include fever, headache, nausea, diarrhea, and dehydration. Food poisoning can be caused by unclean hands when cooking, undercooked or raw foods, and improper storage which transmit the bacteria and viruses.

Here are three most common types of food poisoning:

1. E. Coli
E. coli is more formally known as Escherichia coli. It is a bacterium that lives in the digestive tract of mammals. Most strains of E. coli are harmless. However, E. coli O157:H7 is the leading cause of food poisoning.
E. coli can cause severe diarrhea, abdominal cramps, and in severe cases, Hemolytic Uremic Syndrome (HUS). HUS can cause kidney failure, stroke, and coma.
Most healthy adults recover easily from E. coli, but infection in young children and the elderly can cause death.
2. Salmonella
Salmonella is another bacterium that lives in the digestive tract of animals and humans. Salmonella infects fruits and vegetables when animal feces contaminates the water supply used to irrigate crops. Humans can also get salmonella from handling their pets.
Symptoms of food poisoning from salmonella usually start 12 to 72 hours after consumption. Symptoms include abdominal cramps, headache, fever, nausea, vomiting and severe diarrhea. More serious infections can also cause arterial infections, endocarditis, and arthritis.
Most people recover from salmonella without medical treatment. People with other health problems, young children, and the elderly may require antibiotics and intravenous fluids.
3. Listeria
Listeria monocytogenes is a bacteria commonly found in soil and water contaminated with animal feces. It can contaminate raw meats, fruits, and vegetables. The bacteria can still survive on foods that have been cooked or frozen.
According to the CDC, listeria infects nearly 1,600 people and kill over 200 people each year. Listeria can cause serious or fatal infections among young children and elderly people. Expectant mothers could suffer miscarriages or stillbirths. Healthy adults may only suffer short term symptoms such as fever, headache, stiffness, nausea, and diarrhea.
While food poisoning cases can often be hard to prove, you do have the right to sue the restaurant or manufacturer for food poisoning. Most food poisoning cases are based on the theory of negligence or strict liability. If you believe that you have a claim, an experienced consumer protection attorney may be able to help.
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
What to Do After Food Poisoning (FindLaw’s Injured)
5 Things to Consider When Suing a Restaurant (FindLaw’s Injured)
To Sue for Food Poisoning, Do You Have to Be Hospitalized? (FindLaw’s Injured)

Source: Legal Law Firm

You’ve had your tubes tied, or your spouse had a vasectomy. So, “Congratulations, you’re pregnant!” is something you never expected to hear again.

This exact thing happened to one Illinois mother. She didn’t want any more children because both she and her husband carried the gene for sickle cell disease. The woman went to her doctor for a tubal ligation on her left fallopian tube. Her right ovary had already been removed due to a prior medical complication, so tubal ligation of her right fallopian tube was unnecessary. The doctor tied, excised, and cauterized her right tube and left the left tube untouched!

When she got pregnant and gave birth to a daughter with sickle cell disease, she sued the doctor for wrongful pregnancy.

Wrongful Pregnancy

Wrongful pregnancy is a tort claim that seeks damages for a doctor’s negligent actions.

To claim wrongful pregnancy, you would have to show that a doctor had a duty to perform a sterilization procedure properly. The doctor breached that duty when he acted below the standard of care that most other doctors use. If it weren’t for the doctor’s breach of his duty, then you never would have gotten pregnant.

For a claim of wrongful pregnancy, you have to prove that the doctor did something egregious. Tubal ligations and vasectomies are not 100 percent effective. If the doctor had performed the medical procedure properly, and you got pregnant despite the procedure, you would not have a claim for wrongful pregnancy.

In the Illinois mother’s case, the doctor acted pretty egregiously when he tied the wrong tube. Also, he didn’t even realize that the tube he did tie didn’t even connect to an ovary. This level of negligence would support a wrongful pregnancy claim.

Damages

In a successful wrongful pregnancy claim, compensation usually covers prenatal medical expenses, the cost of giving birth, the cost of the unsuccessful sterilization procedure, pain and suffering related to being pregnant, and lost wages.

Most states do not allow for damages to cover the cost of raising a child from a wrongful pregnancy. Courts believe that life is a benefit and not a damage. Only a few states allow for damages to cover the cost of raising a child.

Some states do allow for the extraordinary costs of raising a sick child.  To receive extraordinary costs, the parents have to show that fear of a disease is why they opted for sterilization, and the doctor knew about this fear. In the above-mentioned case, the parents knew they had a 25 percent chance of having a child with sickle cell disease, and the doctor knew that was why the mother wanted her tubes tied. This situation may warrant the award of extraordinary costs. Reports do not explain whether or not the Illinois mother won her lawsuit.

If you believe you have a wrongful pregnancy claim because your doctor was negligent, an experienced medical malpractice attorney may be able to help.

Related Resources:

Have an injury claim? Get you claim reviewed for free. (Consumer Injury)
Couple sues for ‘wrongful pregnancy’ after failed sterilization (Life Site News)
Botched Vasectomy: Parents Sue Doctor for $650K to Raise Child (FindLaw’s Legal Grounds)
FL Wrongful Birth Lawsuit: $4.5M Jury Award (FindLaw’s Injured)

Source: PI

You’ve had your tubes tied, or your spouse had a vasectomy. So, “Congratulations, you’re pregnant!” is something you never expected to hear again.

This exact thing happened to one Illinois mother. She didn’t want any more children because both she and her husband carried the gene for sickle cell disease. The woman went to her doctor for a tubal ligation on her left fallopian tube. Her right ovary had already been removed due to a prior medical complication, so tubal ligation of her right fallopian tube was unnecessary. The doctor tied, excised, and cauterized her right tube and left the left tube untouched!

When she got pregnant and gave birth to a daughter with sickle cell disease, she sued the doctor for wrongful pregnancy.

Wrongful Pregnancy

Wrongful pregnancy is a tort claim that seeks damages for a doctor’s negligent actions.

To claim wrongful pregnancy, you would have to show that a doctor had a duty to perform a sterilization procedure properly. The doctor breached that duty when he acted below the standard of care that most other doctors use. If it weren’t for the doctor’s breach of his duty, then you never would have gotten pregnant.

For a claim of wrongful pregnancy, you have to prove that the doctor did something egregious. Tubal ligations and vasectomies are not 100 percent effective. If the doctor had performed the medical procedure properly, and you got pregnant despite the procedure, you would not have a claim for wrongful pregnancy.

In the Illinois mother’s case, the doctor acted pretty egregiously when he tied the wrong tube. Also, he didn’t even realize that the tube he did tie didn’t even connect to an ovary. This level of negligence would support a wrongful pregnancy claim.

Damages

In a successful wrongful pregnancy claim, compensation usually covers prenatal medical expenses, the cost of giving birth, the cost of the unsuccessful sterilization procedure, pain and suffering related to being pregnant, and lost wages.

Most states do not allow for damages to cover the cost of raising a child from a wrongful pregnancy. Courts believe that life is a benefit and not a damage. Only a few states allow for damages to cover the cost of raising a child.

Some states do allow for the extraordinary costs of raising a sick child.  To receive extraordinary costs, the parents have to show that fear of a disease is why they opted for sterilization, and the doctor knew about this fear. In the above-mentioned case, the parents knew they had a 25 percent chance of having a child with sickle cell disease, and the doctor knew that was why the mother wanted her tubes tied. This situation may warrant the award of extraordinary costs. Reports do not explain whether or not the Illinois mother won her lawsuit.

If you believe you have a wrongful pregnancy claim because your doctor was negligent, an experienced medical malpractice attorney may be able to help.

Related Resources:

Have an injury claim? Get you claim reviewed for free. (Consumer Injury)
Couple sues for ‘wrongful pregnancy’ after failed sterilization (Life Site News)
Botched Vasectomy: Parents Sue Doctor for $650K to Raise Child (FindLaw’s Legal Grounds)
FL Wrongful Birth Lawsuit: $4.5M Jury Award (FindLaw’s Injured)

Source: PI

Battlefields are among the most dangerous places on earth, and injuries are bound to happen. And while most employees are covered by traditional workers’ compensation benefits, is the same true for people injured during military operations?
The answer, as always in the legal realm, is: it depends. Let’s take a look at the law differs for members of the armed services and for civil contractors.

Military Personnel
Traditional soldiers are not eligible for workers’ compensation for injuries sustained on the battlefield. Instead, those benefits are administered by the U.S. Department of Veterans Affairs. Veterans with disabilities due to an injury incurred during active military service are eligible for disability compensation from the VA.
However, just because those benefits are available, doesn’t mean they are always administered in a timely manner. Last year, the VA admitted that at least 23 veterans died because of delays in treatment and care. Veterans or their loved ones may have to sue the VA over delays in treatment in order to be compensated.
Veterans (and civilians) with PTSD may have a claim for workers compensation. Someone suffering with PTSD may want to contact one of several resources for brain injury rehabilitation.
Civilian Contractors
Civilian employees of the federal government are covered under the Federal Employee’s Compensation Act (FECA). Federal employees that are disabled or killed while in the performance of their duties, may be eligible for benefits under FECA. Absent coverage under FECA, a civilian contractor may have to sue the military under the Federal Tort Claims Act (FTCA), though successfully suing the military may be a difficult task.
To find out if you’re eligible for workers’ compensation as a public employee, or to see if you have a claim as a veteran for delayed treatment, you may want to consult with an experienced workers’ compensation attorney near you.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
7 Marines Killed in Explosion at Training Site (FindLaw’s Injured)
Navy Begins to Compensate Jet Crash Victims (FindLaw’s Injured)
PTSD Settlement: Vets with PTSD Get Benefits Under Settlement (FindLaw’s Injured)

Source: PI

Battlefields are among the most dangerous places on earth, and injuries are bound to happen. And while most employees are covered by traditional workers’ compensation benefits, is the same true for people injured during military operations?
The answer, as always in the legal realm, is: it depends. Let’s take a look at the law differs for members of the armed services and for civil contractors.

Military Personnel
Traditional soldiers are not eligible for workers’ compensation for injuries sustained on the battlefield. Instead, those benefits are administered by the U.S. Department of Veterans Affairs. Veterans with disabilities due to an injury incurred during active military service are eligible for disability compensation from the VA.
However, just because those benefits are available, doesn’t mean they are always administered in a timely manner. Last year, the VA admitted that at least 23 veterans died because of delays in treatment and care. Veterans or their loved ones may have to sue the VA over delays in treatment in order to be compensated.
Veterans (and civilians) with PTSD may have a claim for workers compensation. Someone suffering with PTSD may want to contact one of several resources for brain injury rehabilitation.
Civilian Contractors
Civilian employees of the federal government are covered under the Federal Employee’s Compensation Act (FECA). Federal employees that are disabled or killed while in the performance of their duties, may be eligible for benefits under FECA. Absent coverage under FECA, a civilian contractor may have to sue the military under the Federal Tort Claims Act (FTCA), though successfully suing the military may be a difficult task.
To find out if you’re eligible for workers’ compensation as a public employee, or to see if you have a claim as a veteran for delayed treatment, you may want to consult with an experienced workers’ compensation attorney near you.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
7 Marines Killed in Explosion at Training Site (FindLaw’s Injured)
Navy Begins to Compensate Jet Crash Victims (FindLaw’s Injured)
PTSD Settlement: Vets with PTSD Get Benefits Under Settlement (FindLaw’s Injured)

Source: PI

Maybe your neck is still hurting from that fender bender six months ago. Or the other driver still hasn’t paid to repair the damage to your car. Either way, how long you have to file a claim following a car accident?
Every legal claim has what is known as a statute of limitation, meaning if don’t file your lawsuit within a certain amount of time, you will lose the right to sue forever. These time limits vary depending on jurisdiction and the type of claim involved, so let’s take a look at the statute of limitations for car accident claims.

State (of) Your Case
Each state has statutes of limitation that cover civil lawsuits. The majority of states set the limit at two or three years. Kentucky, Louisiana, and Tennessee have the shortest statutes, limiting the time of filing to one year. Meanwhile Maine and North Dakota allow six years from the time of injury to file a claim.
You should be aware, however, that injury claims against federal, state, or local government agencies or employees have their own specific time restraints.
Select Your Claim
Statutes of limitation can also vary depending on the type of claim involved. For example, a straight injury claim might fall into the one-to-six-year range, while the statute of limitations for a medical malpractice claim based on improper medical treatment of accident injuries may be shorter.
Start the Clock
Know that we know how long we have, how do we know when the clock starts ticking on our car accident claim? While the start date may vary, most states adhere to what is called the “discovery of harm” rule. This means the statutory clock will start when the injured person knows or reasonably should know that they have been injured and the nature of the injury.
If you think it may be too late to file your car accident claim, you may want to consult with an experienced injury attorney first.
Related Resources:

Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Checklist: Preparing to Meet with your Attorney after a Motor Vehicle Accident (FindLaw)
What Kinds of Damages May I Claim for Car Accident Injuries? (FindLaw)
Is There a Statute of Limitations for Car Accidents? (FindLaw’s Injured)

Source: PI

Maybe your neck is still hurting from that fender bender six months ago. Or the other driver still hasn’t paid to repair the damage to your car. Either way, how long you have to file a claim following a car accident?
Every legal claim has what is known as a statute of limitation, meaning if don’t file your lawsuit within a certain amount of time, you will lose the right to sue forever. These time limits vary depending on jurisdiction and the type of claim involved, so let’s take a look at the statute of limitations for car accident claims.

State (of) Your Case
Each state has statutes of limitation that cover civil lawsuits. The majority of states set the limit at two or three years. Kentucky, Louisiana, and Tennessee have the shortest statutes, limiting the time of filing to one year. Meanwhile Maine and North Dakota allow six years from the time of injury to file a claim.
You should be aware, however, that injury claims against federal, state, or local government agencies or employees have their own specific time restraints.
Select Your Claim
Statutes of limitation can also vary depending on the type of claim involved. For example, a straight injury claim might fall into the one-to-six-year range, while the statute of limitations for a medical malpractice claim based on improper medical treatment of accident injuries may be shorter.
Start the Clock
Know that we know how long we have, how do we know when the clock starts ticking on our car accident claim? While the start date may vary, most states adhere to what is called the “discovery of harm” rule. This means the statutory clock will start when the injured person knows or reasonably should know that they have been injured and the nature of the injury.
If you think it may be too late to file your car accident claim, you may want to consult with an experienced injury attorney first.
Related Resources:

Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Checklist: Preparing to Meet with your Attorney after a Motor Vehicle Accident (FindLaw)
What Kinds of Damages May I Claim for Car Accident Injuries? (FindLaw)
Is There a Statute of Limitations for Car Accidents? (FindLaw’s Injured)

Source: PI

According to the Insurance Institute for Highway Safety (IIHS), neck sprains and strains, also known as whiplash, are the most frequently reported injuries in U.S. insurance claims.
Whiplash is most often associated with high speed rear end collisions. However, whiplash can occur during low speed car accidents or even from a hard smack on the back. Whiplash occurs when the head is whipped forward and back causing damage to the muscles, tendons, and ligaments in the neck.
Whiplash injuries can cause an unthinkable amount of pain and cost you a lot of money. Here are three things to know about whiplash injuries:

1. You’re Not Feeling It Yet
After an accident, you may not feel the effects of whiplash right away. Sometimes adrenaline will kick in and you will feel perfectly fine. It could be hours, or even a day later, before you feel the symptoms of whiplash, which could include neck pain, stiffness, headache, dizziness, blurred vision, or shoulder, arm, or back pain.
If you’re in a minor accident with no damage and no pain, you may be tempted to wave the other driver away without getting his information. Don’t do this! You could have whiplash and not know it yet. You will then be left to foot the bill for your medical costs. Always get the other driver’s name, phone number, address, and insurance information in case you start feeling the whiplash later on.
2. Go To A Specialist
Regardless of whether or not you feel pain in your neck after a car accident, it is wise to see a doctor right away. A back and neck expert, chiropractor, or other medical specialist may be more qualified than your general physician to diagnose whiplash. Have the doctor document the extent of your injury and treatment, if necessary. You will need this to prove your claim later on.
When you have had a prior whiplash injuries, insurance companies can be more reluctant to pay compensation, arguing that your whiplash injury is not new. However, you can still get compensation if the new accident aggravated a prior injury. It is especially important to have your doctor try to diagnose how much of your injury is attributable to the prior accident and how much is attributable to the new accident. This can be sometimes be very hard to prove, so your attorney may have to hire a medical expert to testify on your behalf.
3. Document All Expenses
To ensure that you get the best compensation for your whiplash injury, be sure to document all your expenses. These could include medical bills, lost wages, and insurance co-pays. You may even be entitled to pain and suffering damages.
Pain and suffering damages can often be calculated as anywhere between one and one half to four times your damages. For example, let’s assume your damages equal $5,000 and your insurance company applies a multiplier of two to calculate your pain and suffering damages. This means you could get $10,000 for pain and suffering, in addition to the $5,000 for your medical bills and other expenses.
This is why it is so important for you to document any and all expenses that could have arisen from your whiplash injury.
If you’ve been involved in an accident and suffered a whiplash injury, an experienced personal injury attorney may be able to help you make a claim.
Related Resources:

Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Peter Frampton in Car Accident, Blames Texting Driver (FindLaw’s Celebrity Justice)
3 Ways to Find an Expert Witness (FindLaw’s Strategist)
School Bus Accident In Kings School District Raises Questions (FindLaw’s Injured)

Source: PI

According to the Insurance Institute for Highway Safety (IIHS), neck sprains and strains, also known as whiplash, are the most frequently reported injuries in U.S. insurance claims.
Whiplash is most often associated with high speed rear end collisions. However, whiplash can occur during low speed car accidents or even from a hard smack on the back. Whiplash occurs when the head is whipped forward and back causing damage to the muscles, tendons, and ligaments in the neck.
Whiplash injuries can cause an unthinkable amount of pain and cost you a lot of money. Here are three things to know about whiplash injuries:

1. You’re Not Feeling It Yet
After an accident, you may not feel the effects of whiplash right away. Sometimes adrenaline will kick in and you will feel perfectly fine. It could be hours, or even a day later, before you feel the symptoms of whiplash, which could include neck pain, stiffness, headache, dizziness, blurred vision, or shoulder, arm, or back pain.
If you’re in a minor accident with no damage and no pain, you may be tempted to wave the other driver away without getting his information. Don’t do this! You could have whiplash and not know it yet. You will then be left to foot the bill for your medical costs. Always get the other driver’s name, phone number, address, and insurance information in case you start feeling the whiplash later on.
2. Go To A Specialist
Regardless of whether or not you feel pain in your neck after a car accident, it is wise to see a doctor right away. A back and neck expert, chiropractor, or other medical specialist may be more qualified than your general physician to diagnose whiplash. Have the doctor document the extent of your injury and treatment, if necessary. You will need this to prove your claim later on.
When you have had a prior whiplash injuries, insurance companies can be more reluctant to pay compensation, arguing that your whiplash injury is not new. However, you can still get compensation if the new accident aggravated a prior injury. It is especially important to have your doctor try to diagnose how much of your injury is attributable to the prior accident and how much is attributable to the new accident. This can be sometimes be very hard to prove, so your attorney may have to hire a medical expert to testify on your behalf.
3. Document All Expenses
To ensure that you get the best compensation for your whiplash injury, be sure to document all your expenses. These could include medical bills, lost wages, and insurance co-pays. You may even be entitled to pain and suffering damages.
Pain and suffering damages can often be calculated as anywhere between one and one half to four times your damages. For example, let’s assume your damages equal $5,000 and your insurance company applies a multiplier of two to calculate your pain and suffering damages. This means you could get $10,000 for pain and suffering, in addition to the $5,000 for your medical bills and other expenses.
This is why it is so important for you to document any and all expenses that could have arisen from your whiplash injury.
If you’ve been involved in an accident and suffered a whiplash injury, an experienced personal injury attorney may be able to help you make a claim.
Related Resources:

Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Peter Frampton in Car Accident, Blames Texting Driver (FindLaw’s Celebrity Justice)
3 Ways to Find an Expert Witness (FindLaw’s Strategist)
School Bus Accident In Kings School District Raises Questions (FindLaw’s Injured)

Source: PI

I would not wish back pain on anybody.
It can be a constant dull ache affecting everything you do in a day, or it can be an excruciating stab in the back that can make it hard to even stand up. Back pain can be so pervasive that you may have to miss work, along with pretty much everything else in your life.
While you can get workers’ compensation for a work-related back injury, can you get workers’ comp for back pain?

Growing Older
Some employers and doctors contend that back pain is just a normal side-effect of growing older. In the Journal of the American Medical Association, Dr. Nortin Hadler argues that backaches are as pervasive as the common cold and part of the normal aging process, not caused by working. If this is true in your case, then you most likely wouldn’t be able to claim workers’ compensation for these types of backaches.
Work-related
However, sometimes back pain can be a symptom of a back injury. For example, lifting heavy boxes can cause a worker to pull his back muscle, causing excruciating pain. If the injury causing the back pain is work related, then you could make a workers’ comp claim.
Also, pre-existing back pain is not eligible for workers’ compensation because it’s not work related. However, if an accident at work or your daily duties aggravated the back pain, then you could argue that the pain is work-related.
Get a Doctor’s Opinion
The best way to prove whether back pain is work-related or not is to get a doctor’s evaluation. Your doctor can help diagnose the cause of your back pain. However, be aware that pinpointing the exact cause of back pain is difficult.
Employers and insurance companies are more likely to dispute back pain claims because they are hard to prove. If the doctor your employer sends you to diagnoses your back pain as a degenerative disc disease (which means you’re getting old), you can still get a second opinion from your own doctor.
If you think your back pain is work-related, you should notify your employer as soon as possible and file a claim. Some states only allow you one year after you discover an injury is work-related to file a claim. An experienced workers’ compensation attorney will be able to help you prove your injury is work-related and file a timely claim.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
How Long Will My Workers’ Comp Claim Take? (FindLaw’s Injured)
Can You Talk About a Workers’ Comp Claim on Facebook? (FindLaw’s Injured)
Denied Workers’ Comp? 5 First Steps to Appeal (FindLaw’s Injured)

Source: PI

I would not wish back pain on anybody.
It can be a constant dull ache affecting everything you do in a day, or it can be an excruciating stab in the back that can make it hard to even stand up. Back pain can be so pervasive that you may have to miss work, along with pretty much everything else in your life.
While you can get workers’ compensation for a work-related back injury, can you get workers’ comp for back pain?

Growing Older
Some employers and doctors contend that back pain is just a normal side-effect of growing older. In the Journal of the American Medical Association, Dr. Nortin Hadler argues that backaches are as pervasive as the common cold and part of the normal aging process, not caused by working. If this is true in your case, then you most likely wouldn’t be able to claim workers’ compensation for these types of backaches.
Work-related
However, sometimes back pain can be a symptom of a back injury. For example, lifting heavy boxes can cause a worker to pull his back muscle, causing excruciating pain. If the injury causing the back pain is work related, then you could make a workers’ comp claim.
Also, pre-existing back pain is not eligible for workers’ compensation because it’s not work related. However, if an accident at work or your daily duties aggravated the back pain, then you could argue that the pain is work-related.
Get a Doctor’s Opinion
The best way to prove whether back pain is work-related or not is to get a doctor’s evaluation. Your doctor can help diagnose the cause of your back pain. However, be aware that pinpointing the exact cause of back pain is difficult.
Employers and insurance companies are more likely to dispute back pain claims because they are hard to prove. If the doctor your employer sends you to diagnoses your back pain as a degenerative disc disease (which means you’re getting old), you can still get a second opinion from your own doctor.
If you think your back pain is work-related, you should notify your employer as soon as possible and file a claim. Some states only allow you one year after you discover an injury is work-related to file a claim. An experienced workers’ compensation attorney will be able to help you prove your injury is work-related and file a timely claim.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
How Long Will My Workers’ Comp Claim Take? (FindLaw’s Injured)
Can You Talk About a Workers’ Comp Claim on Facebook? (FindLaw’s Injured)
Denied Workers’ Comp? 5 First Steps to Appeal (FindLaw’s Injured)

Source: PI