Monthly Archive for August, 2009

Asbestos Cancer and Personal Injury Lawsuits

Published on August 30, 2009 in Personal Injury. 0 Comments

Mesothelioma is a cancer that is almost exclusively caused by exposure to asbestos. Asbestos is a naturally occurring mineral that is mined throughout the world and is known for its ability to withstand fire and heat. Due to its fire resistant quality, asbestos has been used for purposes such as building insulation, lamp wicks, drywall, and fireproof clothing. While the peculiarities of asbestos have been known and used since ancient times, the first record of the potential health risks of asbestos exposure was not documented until the early twentieth century. Although some sources state that the hazardous effects of human exposure to asbestos can be traced back to the first century AD where the Roman philosopher Pliny the Elder attributed the deadly lung disease commonly found in slaves to exposure to asbestos dust.

Mesothelioma, cancer caused by asbestos, is a painful disease where the cells of the membrane that protects many of your body’s organs become abnormal and start dividing uncontrollably. Mesothelioma from asbestos exposure usually starts in the membrane lining the chest, the pleura, but is an aggressive cancer that is difficult to control and can easily metastasize and affect other parts of the body.

Some of the symptoms of mesothelioma include shortness of breath, chest pain, and a dry cough. Symptoms like these often resemble other diseases, such as viral pneumonia, which can lead to a delay in diagnosis. While the symptoms of mesothelioma are generally non-distinct, diagnosis is usually determined by a chest x-ray. If the x-ray reveals that fluid is present, a fluid sample is often taken to determine if it is benign or malignant. Sometimes a needle biopsy is used to confirm a diagnosis of mesothelioma.

Since mesothelioma is caused by exposure to asbestos and the hazardous nature of asbestos has been well-known since the early twentieth century, if you have been diagnosed with mesothelioma, you may have a personal injury claim against the source of your asbestos exposure (e.g.: employer, landlord, restaurant, school, etc.). For example, personal injury lawyers have recovered billions of dollars for people with mesothelioma because the victim’s employers did not take the proper measures to protect them from exposure to asbestos.

If you were diagnosed with mesothelioma, it is essential that you talk to a personal injury lawyer with experience handling mesothelioma claims. Even if it has been years since you worked in an asbestos environment, it often takes decades before any of the symptoms of mesothelioma are experienced; therefore, you may still be able to file a claim for damages. An experienced personal injury lawyer who is familiar with mesothelioma claims can help you know and understand your rights.

Lawyers, arbitrators and mediators of Miskin Law Offices have the efficient and effective Canadian Asbestos Lawyers. They represent Canadians and others with serious physical illness caused by asbestos, making claims against US manufacturers. If you are considering a claim and have not contacted an Ontario Personal Injury Lawyer yet you may want to consider them to represent you in your legal battle.

Contact the Best Lawyer Today

Published on August 26, 2009 in Law. 0 Comments

During the past 30 years, drugs possession and trafficking are serious crime and many countries declared the war against drugs. But have we seen the significant result? I dare say we haven’t. Though a person can be convicted to 15 years of prison (depends on the quantities). Many people (individual or organized crime rings involvement) are still at large selling some drugs.

Investigations on drugs crimes often involve more than allegations. It is also possible for investigators to look for evidence of money laundering or conspiracy. Thank God if you found Robert Michael Heflend – Los Angeles criminal defense attorney – he knows what suppose to do and knows the strategy to work the case out. First he must do is gather evidence earlier which may be used in later legal process. Prosecutors would always include “conspiracy” to drug trafficking case that will heavily charge you. If you have been charged for drug offenses, the government will initiate a forfeiture action against you. With the lawyer experienced for years in his field, the best strategy is already armed from the first day you contact him. Robert Michael Heflend – criminal defense attorney ventura – works harder than you ever thought lawyer might be. He constantly works on poor investigative evidences.

To schedule an appointment and learn how he can help, visit the website at Robertheflend.com or simply reach him by phone.

How to Find a Great Work Injury Attorney in Your State

Published on August 11, 2009 in Personal Injury. 0 Comments

If you’ve suffered an injury at work, it’s extremely important to find a good work injury attorney, regardless of who you think was at fault for the accident. A good work injury attorney will help you sort out who is responsible for any damages you’ve suffered and will let you know whether pursuing a case is a good idea. The attorney should be open and friendly. The work injury attorney should fully understand your injury and grievances, and he or she should take the time to explain to you the recommended course of action. In addition, a good work injury attorney will make it clear what kind of settlements or payments you can expect from your work injury.

 

Typically, an attorney who deals with many cases in the worker’s compensation realm will be the type of work injury attorney best equipped to help you with your claim. Before visiting, ask the work injury attorney about his or her experience in the field. Is it extensive? If it is, and if they have settled many successful cases, then you know you’ve got a work injury attorney who knows the all the nuances and traits of worker’s compensation system. Has the work injury attorney ever handled a case similar to yours? And if so, what was the outcome? If it was a successful case, then you can be confident that you’re working with a competent work injury attorney. A good work injury attorney will ask many questions so as to fully understand the situation. Beware the work injury attorney who appears disinterested or doesn’t seem to request a lot of information.

 

Worker’s compensation cases can become very complex. So it’s usually a good idea to seek out a work injury attorney as soon as possible. Getting a good work injury attorney at the beginning of your case will let the attorney give important input regarding your medical treatments. Also, the work injury attorney will be able to gather valuable evidence for your case. When you spend time dealing with insurance companies before consulting a personal work injury attorney, you may find that your claim is challenged. That means the insurance company may already be gathering evidence and building a case against you. And while it’s never too late to contact a work injury attorney, waiting until an insurance company challenges you means you and your work injury attorney have to make up some lost ground, so it’s always a good idea to contact a work injury attorney as soon as possible.

 

It’s also a good idea to keep copies of everything involving your injury for your work injury attorney. That means all hospital bills and the details of your payment benefits. Contact your personal injury attorney immediately with any new information or if something regarding your injury changes. And always follow your doctor’s advice. Engaging in activities not recommended by your doctor could damage your case.

 

The best first step to finding a good work injury lawyer is to simply open up the yellow pages or search the Internet for a work injury attorney in your area. But please, shop around. Contact several work injury attorneys so you can get a feel for their personalities and a sense of their professionalism. Feel free to call the work injury attorney’s office or send an email. A good work injury attorney will be open and willing to answer most basic questions over the phone. Also, a good work injury attorney won’t just have the proper credentials to handle your case, but he or she will make you feel comfortable at all steps of the worker’s compensation claim process.

 

An injury at work can be a life-changing event. But it doesn’t have to be a change for the worse. When you find a good work injury lawyer who has your best interests at heart, you will get the compensation you deserve and the peace of mind you require.

Personal Injury: What You Must Know About the Collateral Source Rule

Published on August 11, 2009 in Law. 0 Comments

Sally is injured in a car accident. Her injuries make her unable to work. She receives substantial discounts from her health care providers and her remaining bills are paid by Medicaide.

At trial the insurance defense attorney hired by the at-fault driver wants to tell the jury about the discounts and Medicaide payments.

Will the trial judge allow him to do so?

No, says the “collateral source rule.” At least not if she lives in one of the states that still support the rule.

Collateral Source Rule Explained

The term “collateral” as used here means simply “additional”. The at-fault driver or “tort-feasor” as the law calls him, is responsible for making the injured person whole.

This includes making sure her medical bills are paid. Medicaide and the discounts are “additional sources” that have helped make Sally whole by paying her medical bills.

In the American legal system laws can be made by legislatures, administrative agencies, and by courts. The law created by courts is known as common law. The collateral source rule was court created in 1854.

The essence of this rule is summarized in Black’s Law Dictionary as follows:

“…if an injured person receives compensation for his injuries from a source wholly independent of the tort-feasor, the payment should not be deducted from the damages [monetary compensation] which he would otherwise collect from the tort-feasor. In other words, a defendant tortfeasor may not benefit from the fact that the plaintiff has received money from other sources as a result of the defendant’s tort.”

It is an evidentiary rule which means that the injured person has the right to ask the judge to keep evidence of collateral source payments away from the jury.

The most common collateral sources are medical insurance, workers compensation, VA medical benefits, Medicaide and other government programs.

Medical Discounts

While some states have refused to give medical discounts the protection of the collateral source rule, the majority opinion is just the opposite. A majority of states permit a plaintiff to recover the amounts billed for medical care, even when those amounts are discounted by the health care provider pursuant to a contract with the injured person’s health insurer.

States That Have Modified Or Eliminated The Rule

The legislatures of twenty eight (28) states have either abolished or modified the collateral source rule.

These states are as follows: Alabama, Alaska, Arizona, California, Colorado, Connecticut, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Michigan, Minnesota, Missouri, Montana, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, West Virginia.

Here is a list, as of the date of this article, of the fourteen states that have completely abolished the rule: Alaska, Colorado, Connecticut, Idaho, Indiana, Iowa, Kansas, Michigan, Minnesota, New York, North Dakota, Ohio, and Oregon.

At the National Association of Mutual Insurance Companies website you can find a list of the states that have modified the rule with a summary of the modification:

http://www.namic.org/reports/tortReform/CollateralSourceRule.asp

Even if you live in a state where the rule has been abolished or limited by the legislature, you should check on the current status as some state supreme courts have overruled the legislature and reinstated the rule.

Conclusion

If yours is one of the twenty two states that still have the collateral source rule in full or one of fourteen that have retained it in part, you need to know about and understand it.

Insurance companies will try to reduce your compensation by amounts which your health insurance has paid. Be alert, don’t let them put the evidence in front of the jury.

Disclaimer

This article is for informational purposes only and is not intended to substitute for legal advice. Seek an opinion from an experienced injury attorney in your state of residence.

Five Things Your Boston Personal Injury Lawyer Will Tell You

Published on August 4, 2009 in Law. 0 Comments

If you’ve had some kind of slip and fall accident in Boston, person injury lawyers can certainly help you get the damages you deserve. But these kinds of accidents, whether you’ve slipped in a restaurant, fallen on a damaged sidewalk or taken a tumble down some rickety stairs, can be difficult to prove unless you have solid evidence.

That’s why we’ve put together some information from some of the best Boston personal injury attorneys available that you should keep in mind any time you are injured and know that you may have to try and collect damages or medical expenses from an individual or company. Any time you are injured, keep these steps in mind to help your attorney get the best possible outcome for you.

1. Notify the proper people. Any time you are injured you need to make sure you’ve notified the proper person, whether it is the manager of an establishment or the owner of a house or property. If it is a business, ask them to assist you in filling out an incident report. In most cases they will be willing to do this for their own protection as well as yours. Be sure it includes information on what happened, the conditions that contributed (a wet floor without a sign, loose floorboards, ice, etc.) and what might be wrong with you – but note that you are seeking medical treatment.

2. Seek medical treatment immediately. Every Boston personal injury attorney worth his or her salt will tell you that there are two reasons to go immediately to a medical center, doctor’s office or emergency room. The first and most important is to make sure you haven’t sustained a hidden injury – your health is always the most important issue. Second, the medical records will be essential if you do end up filing a claim because they will indicate the extent of your injuries and their connection to the incident.

3. Get witness information. Obviously if you are seriously injured your first priority should be to get medical attention, but if someone is with you ask them to talk to anyone who saw what happened or who came to your aid. Get their names, addresses and phone numbers. These people will be an invaluable witness to what transpired and will reinforce your case in the event the other party disputes liability.

4. Get photographs. In today’s era of cell phone cameras it’s a simple thing to snap a quick picture of the area where you slipped and fell if it is something the other party can easily remedy (spilled water, etc.). Your Boston personal injury lawyer will tell you that a series (3-5) of photos of the area on a digital camera will be even better if you have a trusted family member who can return quickly to the site for situations like dangerous pavement, etc. that can’t be easily disguised or fixed.

5. Contact an attorney right away. The longer you wait, the hazier your memory (and the memory of witnesses) of the events will be, making a claim more difficult. In Boston, personal injury lawyers often have phone numbers that answer twenty-four hours a day or they will return messages within that time.

In a perfect world, you will never have to file a claim against someone because you are injured. It isn’t a perfect world, and an injury can be costly both financially and emotionally. Be careful, be aware and be sure to get a Boston personal injury attorney to help you get everything you deserve.