Palm Beach County Personal Injury Lawyer

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What is Wrongful Pregnancy?

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

Read more

Can Service Members or Civilian Contractors Get Worker’s Comp?

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

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Is It Too Late to File My Car Accident Claim?

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

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3 Things to Know About Whiplash Injuries

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

Read more

Can You Get Workers’ Comp for Back Pain?

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

Read more

3 Easter Injuries to Avoid

Easter is only a few days away! Are you ready?
Easter is a religious holiday for some people. For the rest of us, Easter means fluffy bunnies and chicks, candy, pretty decorated boiled eggs, and the vicious Easter egg hunt. Although, the Easter festivities aren’t all fun and games. They can be fraught with hazards.

Here are three Easter injuries to avoid:

1. Food Poisoning
What’s the point of making all those boiled and prettily dyed eggs, if you can’t eat them? However, be careful of where and how long those eggs have been sitting out since they were boiled. Hard boiled eggs last for a week if refrigerated, but if they’ve been sitting as decorations on your picnic table, they’ll only last a few hours.
Always check the condition of hard boiled Easter eggs before letting children eat any. And please, keep your artistic dyeing skills confined to eggs and stay away from those fluffy yellow chicks.
2. Nut Allergies
Nearly three million people in the United States are allergic to peanuts and tree nuts. Allergic reactions can range from itchiness to anaphylaxis.
You never know if any of the children at your Easter egg hunt may be allergic to nuts. Be sure to warn parents and children of the possibility of nuts in the candy. Even candies that don’t have nuts as a main ingredient may be made in facilities that do process nuts. This could be enough to cause an allergic reaction in especially sensitive people.
If any egg hunt attendees do have an allergic reaction, call 911 immediately. Some people who have particularly severe allergies may carry around an EpiPen, filled with epinephrine. Be sure you know how the EpiPen works before you try to administer emergency medicine.
3. Slips, Falls, and Twisted Ankles
Children are amazingly nimble and resilient in their ability to run and tumble around without suffering any major injuries. We adults are more vulnerable with our more brittle bones and achy muscles. So, be careful when running around the lawn helping your children find Easter eggs. Uneven surfaces and gopher holes may be concealed by grass. Step wisely, or you may end up with a sprained or twisted ankle.
Be careful if you are hosting an egg hunt on your property, and you know of possible hazards on your property that could cause injury. You have a duty to take reasonable steps to assure the safety of invited guests. This doesn’t mean you have to regrade your lawn to ensure that it’s flat and level. Just take reasonable steps to warn egg hunters of possible perils with bright cones or flags.
If you do need to sue the Easter bunny for any Easter-related injuries, an experienced personal injury attorney may be able to help.
Related Resources:

Browse Personal Injury Lawyers by Location (FindLaw’s Lawyer Directory)
Zoo’s Easter Egg Hunt Turns Wild When 2 Moms Fight (FindLaw’s Legally Weird)
First Grader Handcuffed After Easter Egg Tantrum (FindLaw’s Blotter)
What to Do After Food Poisoning (FindLaw’s Injured)

Source: PI

Easter is only a few days away! Are you ready?
Easter is a religious holiday for some people. For the rest of us, Easter means fluffy bunnies and chicks, candy, pretty decorated boiled eggs, and the vicious Easter egg hunt. Although, the Easter festivities aren’t all fun and games. They can be fraught with hazards.

Here are three Easter injuries to avoid:

1. Food Poisoning
What’s the point of making all those boiled and prettily dyed eggs, if you can’t eat them? However, be careful of where and how long those eggs have been sitting out since they were boiled. Hard boiled eggs last for a week if refrigerated, but if they’ve been sitting as decorations on your picnic table, they’ll only last a few hours.
Always check the condition of hard boiled Easter eggs before letting children eat any. And please, keep your artistic dyeing skills confined to eggs and stay away from those fluffy yellow chicks.
2. Nut Allergies
Nearly three million people in the United States are allergic to peanuts and tree nuts. Allergic reactions can range from itchiness to anaphylaxis.
You never know if any of the children at your Easter egg hunt may be allergic to nuts. Be sure to warn parents and children of the possibility of nuts in the candy. Even candies that don’t have nuts as a main ingredient may be made in facilities that do process nuts. This could be enough to cause an allergic reaction in especially sensitive people.
If any egg hunt attendees do have an allergic reaction, call 911 immediately. Some people who have particularly severe allergies may carry around an EpiPen, filled with epinephrine. Be sure you know how the EpiPen works before you try to administer emergency medicine.
3. Slips, Falls, and Twisted Ankles
Children are amazingly nimble and resilient in their ability to run and tumble around without suffering any major injuries. We adults are more vulnerable with our more brittle bones and achy muscles. So, be careful when running around the lawn helping your children find Easter eggs. Uneven surfaces and gopher holes may be concealed by grass. Step wisely, or you may end up with a sprained or twisted ankle.
Be careful if you are hosting an egg hunt on your property, and you know of possible hazards on your property that could cause injury. You have a duty to take reasonable steps to assure the safety of invited guests. This doesn’t mean you have to regrade your lawn to ensure that it’s flat and level. Just take reasonable steps to warn egg hunters of possible perils with bright cones or flags.
If you do need to sue the Easter bunny for any Easter-related injuries, an experienced personal injury attorney may be able to help.
Related Resources:

Browse Personal Injury Lawyers by Location (FindLaw’s Lawyer Directory)
Zoo’s Easter Egg Hunt Turns Wild When 2 Moms Fight (FindLaw’s Legally Weird)
First Grader Handcuffed After Easter Egg Tantrum (FindLaw’s Blotter)
What to Do After Food Poisoning (FindLaw’s Injured)

Source: PI

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After an Accident: Should I Accept an Out of Court Settlement?

There are a few ways to resolve a personal injury claim after an accident. Insurance could cover medical expenses, or a case could go to trial and a jury could issue a verdict and monetary award. The majority of cases, however, are concluded with an out of court settlement.
Often, these settlements are negotiated by attorneys from both sides. But what happens if the other party, or their attorney, contacts you directly, or before you’ve hired your own attorney? Should you accept an out of court settlement?
Accepting a settlement directly from the other party or without consulting an attorney can be risky — here are a few things to keep in mind:

Is It the Best Deal?
Not all of us are experts in settlement negotiation. And if the other party, their attorneys, or the insurance company is offering you a settlement, it’s hard to know whether the settlement offer is fair.
The prospect of going toe-to-toe with an insurance adjuster or lawyer can be an intimidating prospect, which is why it’s a good idea to have your own representation during any settlement negotiations. An experienced personal injury attorney will be able to advise you on the reasonableness of a settlement offer and negotiate on your behalf.
Will It Be Enforceable?
Even if you’ve agreed to a settlement, enforcing it may be another matter entirely. You’d like to get paid, but you need to make sure the settlement agreement is enforceable in court.
There are a few reasons why a court might not accept a settlement, and if there are problems in the settlement agreement, it may be more difficult to get the other party to pay later on.
Can You Change It Later?
People and circumstances can change. And there may be good reasons to want to back out of a settlement agreement. If you accept an out of court settlement agreement on your own, you may not be able to back out or alter it later.
If you’re considering an out-of-court settlement, an experienced attorney may be able to help with the settlement process and protect your rights and interests.
Related Resources:

Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Should I Accept an Insurance Settlement for My Injuries? (FindLaw’s Injured)
How Are Settlements Paid? (FindLaw’s Injured)
Should You Hire an Injury Lawyer Even If You Plan to Settle? (FindLaw’s Injured)

Source: PI

There are a few ways to resolve a personal injury claim after an accident. Insurance could cover medical expenses, or a case could go to trial and a jury could issue a verdict and monetary award. The majority of cases, however, are concluded with an out of court settlement.
Often, these settlements are negotiated by attorneys from both sides. But what happens if the other party, or their attorney, contacts you directly, or before you’ve hired your own attorney? Should you accept an out of court settlement?
Accepting a settlement directly from the other party or without consulting an attorney can be risky — here are a few things to keep in mind:

Is It the Best Deal?
Not all of us are experts in settlement negotiation. And if the other party, their attorneys, or the insurance company is offering you a settlement, it’s hard to know whether the settlement offer is fair.
The prospect of going toe-to-toe with an insurance adjuster or lawyer can be an intimidating prospect, which is why it’s a good idea to have your own representation during any settlement negotiations. An experienced personal injury attorney will be able to advise you on the reasonableness of a settlement offer and negotiate on your behalf.
Will It Be Enforceable?
Even if you’ve agreed to a settlement, enforcing it may be another matter entirely. You’d like to get paid, but you need to make sure the settlement agreement is enforceable in court.
There are a few reasons why a court might not accept a settlement, and if there are problems in the settlement agreement, it may be more difficult to get the other party to pay later on.
Can You Change It Later?
People and circumstances can change. And there may be good reasons to want to back out of a settlement agreement. If you accept an out of court settlement agreement on your own, you may not be able to back out or alter it later.
If you’re considering an out-of-court settlement, an experienced attorney may be able to help with the settlement process and protect your rights and interests.
Related Resources:

Injured in a car accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
Should I Accept an Insurance Settlement for My Injuries? (FindLaw’s Injured)
How Are Settlements Paid? (FindLaw’s Injured)
Should You Hire an Injury Lawyer Even If You Plan to Settle? (FindLaw’s Injured)

Source: PI

Read more

Is My Injury Work Related?

To get workers’ compensation for an injury, it must be work related.
If you slip and fell at work or broke your leg while stocking the shelves, it’s easy to show that the injury was work related. But, how do you prove an injury is work related if it happened away from work, or if it’s not a physical injury, or if the injury developed over time?

So, is your injury work-related?
Injuries Outside of Work
In some circumstances, an injury occurring outside of work and not during work hours can be considered work related. These include:

Injuries on business trips — You’re traveling for work, and the cab you’re in gets rear-ended. Since the travel is for a work-related purpose, your whiplash injury is a work-related injury.
Special Mission — You’re picking up your boss’ dry cleaning on the way in to work. You trip on a crack and break your ankle in front of the dry cleaning shop. Since the injury occurred while doing a task that benefited your employer, your injury is work related.
For these types of injuries, you need to show that your employer received some sort of benefit from your away-from-work actions for the injury to be work-related.
Mental Injuries
Depression and post-traumatic stress disorder (PTSD) can be covered under workers’ compensation if you can show that it is work related. Depression and PTSD can be work related if it was:

Caused by an experience while in the scope of employment — You would need to show that some traumatic incident at work caused your depression or PTSD. For example, the officer who pepper sprayed protesting students was able to get workers’ comp after public opinion and anger gave him anxiety and depression.
Aggravated or triggered by work — Normally, if you had pre-existing depression before you started work, you would not be able to show that the depression was work related. However, if stress from work or bullying by your supervisor caused your depression to be worst or triggered a major depressive episode, you could qualify for workers’ compensation.
Injuries Developed Over Time
Many people may think that wrist injuries such as carpal tunnel are not covered by workers’ comp. Maybe you had wrist problems all your life. However, like depression and PTSD, if you can show that your duties at work caused your carpal tunnel symptoms to worsen, you could still qualify for workers’ comp. The best way to show this is to get a doctor’s evaluation. Doctors can often recognize common causes for repetitive stress injuries and help you prove causation between your work duties and your injury.
If you suffered an injury and need help proving that it is work-related, an experienced workers’ compensation attorney may be able to help.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Worker’s Compensation Reform: Can It Affect Your Claim? (FindLaw’s Injured)
Workers’ Comp Benefits: How Injured Do I Have to Be? (FindLaw’s Injured)
How to Find the Right Worker’s Comp Lawyer for You (FindLaw’s Injured)

Source: PI

To get workers’ compensation for an injury, it must be work related.
If you slip and fell at work or broke your leg while stocking the shelves, it’s easy to show that the injury was work related. But, how do you prove an injury is work related if it happened away from work, or if it’s not a physical injury, or if the injury developed over time?

So, is your injury work-related?
Injuries Outside of Work
In some circumstances, an injury occurring outside of work and not during work hours can be considered work related. These include:

Injuries on business trips — You’re traveling for work, and the cab you’re in gets rear-ended. Since the travel is for a work-related purpose, your whiplash injury is a work-related injury.
Special Mission — You’re picking up your boss’ dry cleaning on the way in to work. You trip on a crack and break your ankle in front of the dry cleaning shop. Since the injury occurred while doing a task that benefited your employer, your injury is work related.
For these types of injuries, you need to show that your employer received some sort of benefit from your away-from-work actions for the injury to be work-related.
Mental Injuries
Depression and post-traumatic stress disorder (PTSD) can be covered under workers’ compensation if you can show that it is work related. Depression and PTSD can be work related if it was:

Caused by an experience while in the scope of employment — You would need to show that some traumatic incident at work caused your depression or PTSD. For example, the officer who pepper sprayed protesting students was able to get workers’ comp after public opinion and anger gave him anxiety and depression.
Aggravated or triggered by work — Normally, if you had pre-existing depression before you started work, you would not be able to show that the depression was work related. However, if stress from work or bullying by your supervisor caused your depression to be worst or triggered a major depressive episode, you could qualify for workers’ compensation.
Injuries Developed Over Time
Many people may think that wrist injuries such as carpal tunnel are not covered by workers’ comp. Maybe you had wrist problems all your life. However, like depression and PTSD, if you can show that your duties at work caused your carpal tunnel symptoms to worsen, you could still qualify for workers’ comp. The best way to show this is to get a doctor’s evaluation. Doctors can often recognize common causes for repetitive stress injuries and help you prove causation between your work duties and your injury.
If you suffered an injury and need help proving that it is work-related, an experienced workers’ compensation attorney may be able to help.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Worker’s Compensation Reform: Can It Affect Your Claim? (FindLaw’s Injured)
Workers’ Comp Benefits: How Injured Do I Have to Be? (FindLaw’s Injured)
How to Find the Right Worker’s Comp Lawyer for You (FindLaw’s Injured)

Source: PI

Read more

How to Testify at a Deposition

We see people testify all the time on courtroom dramas, but not all testimony is given on the witness stand at trial. Before a trial ever takes place, lawyers from both sides are able to interview potential witnesses as part of the discovery process.
If you are required to give a deposition as part of a personal injury claim, here are some tips for how to testify at a deposition.

Be Prepared
The best way to have a successful deposition is to know what to expect. Hopefully, you’ve been briefed on the process by your attorney (see next heading), so that you’ll be comfortable at the deposition.
While some depositions can be weird or confrontational, the majority are just fact-finding exercises. So gather and review any relevant documents so you’ll be familiar with the facts.
And dress comfortably and professionally — while there are no formal wardrobe rules, a deposition could last all day or longer in a law office with attorneys present and cameras rolling, so dress accordingly.
Be Represented
You have the right to an attorney during a deposition. If it is your injury claim, your attorneys will be attending automatically, and should have already prepared you for the deposition. If you’re being called as a witness, you can request your own legal counsel to represent you. An experienced attorney can advise you on the deposition process and how to respond to questions.
Be Honest
All depositions are recorded in some way, and often deposition witnesses are sworn in before answering questions. Therefore your words can make or break your case.
If you lie or if you’re uncooperative during a deposition, the other party’s lawyers could use this against you later in court and make all your testimony look untruthful. So even if the answer may sounds bad for your injury claim, honesty is always the best policy during a deposition. Most attorneys will tell you not to volunteer information, just answer the exact question asked. But don’t lie. Good luck!
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
After a Deposition, What Happens Next? (FindLaw’s Injured)
3 Things You Should Never Do at a Deposition (FindLaw’s Greedy Associates)
5 Tips If You’re Subpoenaed for a Deposition (FindLaw’s Law and Daily Life)

Source: PI

We see people testify all the time on courtroom dramas, but not all testimony is given on the witness stand at trial. Before a trial ever takes place, lawyers from both sides are able to interview potential witnesses as part of the discovery process.
If you are required to give a deposition as part of a personal injury claim, here are some tips for how to testify at a deposition.

Be Prepared
The best way to have a successful deposition is to know what to expect. Hopefully, you’ve been briefed on the process by your attorney (see next heading), so that you’ll be comfortable at the deposition.
While some depositions can be weird or confrontational, the majority are just fact-finding exercises. So gather and review any relevant documents so you’ll be familiar with the facts.
And dress comfortably and professionally — while there are no formal wardrobe rules, a deposition could last all day or longer in a law office with attorneys present and cameras rolling, so dress accordingly.
Be Represented
You have the right to an attorney during a deposition. If it is your injury claim, your attorneys will be attending automatically, and should have already prepared you for the deposition. If you’re being called as a witness, you can request your own legal counsel to represent you. An experienced attorney can advise you on the deposition process and how to respond to questions.
Be Honest
All depositions are recorded in some way, and often deposition witnesses are sworn in before answering questions. Therefore your words can make or break your case.
If you lie or if you’re uncooperative during a deposition, the other party’s lawyers could use this against you later in court and make all your testimony look untruthful. So even if the answer may sounds bad for your injury claim, honesty is always the best policy during a deposition. Most attorneys will tell you not to volunteer information, just answer the exact question asked. But don’t lie. Good luck!
Related Resources:

Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
After a Deposition, What Happens Next? (FindLaw’s Injured)
3 Things You Should Never Do at a Deposition (FindLaw’s Greedy Associates)
5 Tips If You’re Subpoenaed for a Deposition (FindLaw’s Law and Daily Life)

Source: PI

Read more

How Long Will My Workers’ Comp Claim Take?

For many people, a work related injury doesn’t just mean pain and suffering. It means days of work will be missed, medical bills will pile up, or money will get tight. Most people will need their workers’ compensation benefits as soon as possible.
So, how long will a workers’ compensation claim take? When will you start receiving money?

Medical Bills
Do not wait to get medical treatment for an injury. Even if you fear you can’t afford treatment, do not wait. Most states require your employer, or the employer’s insurance company, to pay your medical bills as soon as you file a claim. You do not have to wait until your claim is allowed or approved to receive compensation for medical costs.
File a Claim
The timeline of a workers’ compensation claim varies according to state. We will discuss Nevada’s timeline as a general guideline. In Nevada:

Notify the Employer – You should notify your employer of an injury or accident within seven days of the occurrence.File a Claim – You should file your claim as soon as possible or within 90 days of your injury or accident. 
Seek Medical Treatment – You should not delay in seeking medical treatment as soon as possible. However, you do have up to 90 days after the accident to do so.
Physician’s Report – Your doctor will then fill out the necessary forms and reports within three working days of your treatment.
Employer Report to Insurer – During this time, your employer has to report your injury to its insurer or third party administrator within six working days of receiving notice of your intent to seek medical treatment.
Employer’s Wage Verification – Your employer must then complete and file with the insurer the wage verification form within six days of receiving your Employee Claim for Compensation Form.
Claim Determination – After receiving your Claim for Compensation Form or Accident Notification to the Employer, the insurer has 30 days to either accept or deny your claim and notify you of its decision. If your claim is accepted, the insurer must start paying out benefits soon after.
Appeal Hearing – If your claim is denied and you wish to appeal the determination, you may request a hearing within 70 days of receiving notice of denial. Within five days of receiving your request, a hearing date will be set within 30 days. After the hearing, the hearing officer has 15 days to make a decision.
Again, different states may set different guidelines. Be sure to check your own state’s laws.
If you believe that you have suffered a work related injury, an experienced local workers’ compensation attorney may be able to help you file a timely claim.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can You Talk About a Workers’ Comp Claim on Facebook? (FindLaw’s Injured)
Can I Use Workers Comp’ Insurance on Medical Marijuana? (FindLaw’s Injured)
Can You Get Workers’ Comp for a Back Injury? (FindLaw’s Injured)

Source: PI

For many people, a work related injury doesn’t just mean pain and suffering. It means days of work will be missed, medical bills will pile up, or money will get tight. Most people will need their workers’ compensation benefits as soon as possible.
So, how long will a workers’ compensation claim take? When will you start receiving money?

Medical Bills
Do not wait to get medical treatment for an injury. Even if you fear you can’t afford treatment, do not wait. Most states require your employer, or the employer’s insurance company, to pay your medical bills as soon as you file a claim. You do not have to wait until your claim is allowed or approved to receive compensation for medical costs.
File a Claim
The timeline of a workers’ compensation claim varies according to state. We will discuss Nevada’s timeline as a general guideline. In Nevada:

Notify the Employer – You should notify your employer of an injury or accident within seven days of the occurrence.File a Claim – You should file your claim as soon as possible or within 90 days of your injury or accident. 
Seek Medical Treatment – You should not delay in seeking medical treatment as soon as possible. However, you do have up to 90 days after the accident to do so.
Physician’s Report – Your doctor will then fill out the necessary forms and reports within three working days of your treatment.
Employer Report to Insurer – During this time, your employer has to report your injury to its insurer or third party administrator within six working days of receiving notice of your intent to seek medical treatment.
Employer’s Wage Verification – Your employer must then complete and file with the insurer the wage verification form within six days of receiving your Employee Claim for Compensation Form.
Claim Determination – After receiving your Claim for Compensation Form or Accident Notification to the Employer, the insurer has 30 days to either accept or deny your claim and notify you of its decision. If your claim is accepted, the insurer must start paying out benefits soon after.
Appeal Hearing – If your claim is denied and you wish to appeal the determination, you may request a hearing within 70 days of receiving notice of denial. Within five days of receiving your request, a hearing date will be set within 30 days. After the hearing, the hearing officer has 15 days to make a decision.
Again, different states may set different guidelines. Be sure to check your own state’s laws.
If you believe that you have suffered a work related injury, an experienced local workers’ compensation attorney may be able to help you file a timely claim.
Related Resources:

Hurt on the job? Have your injury claim reviewed for free. (Consumer Injury)
Can You Talk About a Workers’ Comp Claim on Facebook? (FindLaw’s Injured)
Can I Use Workers Comp’ Insurance on Medical Marijuana? (FindLaw’s Injured)
Can You Get Workers’ Comp for a Back Injury? (FindLaw’s Injured)

Source: PI

Read more

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