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.

Personal Injury Law

Published on July 31, 2009 in Personal Injury. 0 Comments

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A personal injury refers to any physical or psychological damage caused by the negligence, recklessness or intention of another person or entity. A personal injury can devastate the victim physically, psychologically and financially. You may be able to file a personal injury lawsuit to recover damages.

Leading causes of personal injuries may include:

· Motor vehicle accidents

· Construction or job-related accidents

· Slips and falls

· Birth defects

· Nursing home abuse

· Defective products

· Prescription errors

Compensation for Losses

Personal injury can cause you to experience devastating financial losses such as:

· Medical/doctor bills

· Funeral expenses

· Loss of Salary

· Loss of ability to work

· Pain and suffering

· Mental anguish

In a personal injury case, determining who is responsible for the injury sustained is of paramount importance. The one at fault could be a person, a company or a defective product.

It is a daunting task to set a dollar amount on injuries you suffered in an accident. The amount varies depending on each case and its’ circumstances. It is simple to add up money spent and money lost but how can one determine the cost of pain and suffering or missed experiences and lost opportunities in life? It is important to obtain help and information to assist you in dealing with the serious losses you have suffered because of the negligence of another.

If you live in the Orlando, Florida area and you or a loved one has suffered a personal injury, please visit the website of The Law Offices of Michael Barszcz, M.D., J.D. today and learn more about your legal rights and whether you are entitled to compensation.

What To Do in the Case of a Car Accident

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

South Africa has a high incidence of road accidents and as many as 90% of drivers can expect to be involved in a motor vehicle accident at some stage in their lives and everyone should be prepared in any event. Fortunately there are dedicated car accident lawyers and personal injury attorneys to protect our interests.

Apart from costly damages to the motor vehicle, there is a very real threat of extensive injury or even death to the people involved in the accident, whether pedestrians, passengers or drivers. Personal injury attorneys will, first and foremost, assist in ascertaining who should be held liable for the accident and what claims, if any, can be established against the guilty party.

Ensure you appoint a top flight law firm

There are dedicated car accident attorneys and personal injury lawyers to deal with all aspects of an accident. It is up to the driver or injured party to approach a reputable law firm for the right kind of assistance and advice.

As with all accidents, it is imperative to remain calm; bring your car to a stop if it is in motion and move it completely off the road if necessary. At this stage, it is critical to quickly and calmly determine the extent of any bodily injuries and to call the emergency services if necessary.

Gather the facts

Once the damages to the motor vehicles have been assessed, make sure you collect all the relevant details of the driver and any witnesses at the scene of the accident – they may be called on to appear in court should the case be contested. Information should include

Names Addresses Phone numbers ID numbers A description of the offending vehicle Insist on the vehicle ID number of the car The licence plate number

It is crucial that these details are handed over to your car accident attorney as soon as possible.

Do not, under any circumstances, discuss the accident with anyone else apart from the police and your car accident or personal injury attorney. It is often easy to admit liability or fault when in shock, so the tried and tested rule of thumb is simply to keep ‘mum’.

It’s a good idea to take photographs if you have a camera phone, or to make a quick sketch, of where the occupants of both cars were seated as well as where each car was on the road at the time of the accident, including the direction of travel. Make a clear note of the date and time of the accident as well as the prevailing weather conditions. This can prove invaluable should the case go to court.

File an accident report

If the police have not been called to the scene, it is imperative to report the accident at your nearest police station, regardless of the severity of the collision. Remember to get hold of both a case number and a copy of the police report, if possible. These items are mandatory information in any motor vehicle accident claim and will be critical information for your car accident lawyer.

Hereafter, it’s a matter of contacting a top flight law firm specialising in car accidents or personal injury and leaving it in the hands of the experts.

Industrial Injuries and Illnesses

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

At the factory, workers are endangered with various types of common factory accidents. It can be an injury to a limb caused while loading paper reels in the box factory, or the inhalation of poisonous fumes while working in a chemical plant. Whatever the case, the one who suffers from industrial injuries and illnesses is the worker and the one who incurs treatment and hospitalisation costs is again the worker. In some instances, the workers are even rendered useless for the rest of their lives, making their families and dependants also suffer along with them.

The factory owners should make their workplace as safe as possible for their workers, so that accident risks are kept to the minimum. Most of the common factory accidents are the results of falls and slips on the work premises or the injuries that were held while handling heavy loads. Some amount of claims may arise out of the injuries that were caused due to dangerous and defective factory equipments or dangerous work processes.

Most workers do not know that all employers are legally obliged to keep a book of accidents and to ensure that all the accident reports are entered into it. Therefore, whenever the workers meet an accident during working hours in the factory premises, they must first of all report to the supervisor or to the person who is responsible for the safety and health of the workers. Then they should seek immediate first aid in the factory premises and the person there will tell them whether they require treatment in a hospital or not. After that, the injured workers have to fill in a form for claim of compensation.

Within the 24 hours of the accident, a solicitor will contact them in order to fully assess the claim. If a factory accident is less than 3 years old and if the workers can prove that it was caused due to employer’s negligence of any duties owed to the workers, then the workers can claim for compensation. Damages like injuries or loss of income can be successfully awarded by making such claims.

What the workers can claim for include any psychological or physical injuries, for which the factory management is entitled, any medical or travel expenses caused due to industrial injuries & illnesses, interest on such types of losses and the legal expenses that the workers had to make for claiming the compensation. It is important for every worker what their legal rights are and what are they entitled to in case of industrial injuries.

Head Trauma Accidents

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

Being involved in any type of accident can be a devastating event to endure. This is especially true when it comes to individuals suffering brain injury or head trauma.

An accident which causes a brain injury can be very traumatic, not only for the victim who has suffered some type of head or brain trauma, but this type of injury will also cause a tremendous impact on the entire family as well.

In the event that you or one of your family members have suffered from an unfortunate brain injury or head trauma, you will want to consult with legal counsel that have vast experience in representing clients over the entire state of California.

Professional and compassionate brain injury and head trauma attorneys serving Orange County, Venice Beach, Dana Point, Los Angeles Santa Monica and all throughout California area, will help to assist you and your family in finding specialized medical professionals who will evaluate your specific injuries that you have endured and put a lifetime plan in motion for not only your physical needs and care you will be requiring, but for medications you will be needing, specialized medical doctors, any specific transportation needs you might need, full time nursing care, and nursing facilities if they are needed.

There are many types of accidents that can be responsible for causing brain damage or head trauma to individuals. Some of these tragic accidents would include situations where you have been hit in the head with an object, a motorcycle accident, bicycle accident, assault and battery incidents, recreational or amusement park accidents, shaken baby syndrome, injuries that can be related to birth, and many other injuries caused by blunt head trauma, including wrongful death.

If you or one of your loved ones has been involved in an accident that has resulted in brain damage or some type of

Plaintiff’s Personal Injury Attorneys are Agonizing Over the New Medicare Reimbursement

Published on July 29, 2009 in Law. 0 Comments

The growing Medicare shortfall in Washington has many politicians looking for ways to bridge the funding gap. As a result a new law, effective July 1, 2009, has been enacted which requires liability insurers (which include carriers who write CGL policies, auto policies, homeowners’ policies and those defendants who are self-insured such as supermarkets) to determine and report whether a claimant is covered and is entitled to Medicare benefits. If the claimant received Medicare benefits during their treatment for the injury, Medicare is holding out both hands to make sure they get 100% reimbursement, despite the comparative negligence of claimant.

This new law will pose new challenges for plaintiff’s attorney, the insurance carrier for the defendant and the mediator who is attempting to resolve the claim. If the attorney or insurance carrier does not comply, they risk being sued by the Government for reimbursement up to five years post-closure and monetary fines.

What is the new law?

On December 29, 2007, President George Bush signed into law the “Medicare Medical, and SCHIP Extension Act of 2007.” The new legislation amends the Medicare Secondary Payer Act (MSA) by establishing new reporting guidelines beginning July 1, 2009. Under the new rules, all liability insurers, and self-insurers will be required to determine whether any individual who files a claim against the insurer or any entity insured or covered by the insurer is entitled to Medicare benefits. If so, the insurer must provide Medicare with that individual’s identity and any other information that maybe required under the law. This information must be furnished to Medicare within the time specified by after the claim is resolved through settlement, judgment, award or other payment (regardless whether or not there has been an admission or determination of liability). If an insurer fails to notify Medicare in accordance with these guidelines, a civil penalty of $1,000 per day will be charged per claimant. The new legislation clearly indicates a shift in policy which will result in the federal government monitoring general liability claims more closely. The fines represent a new enforcement push by Medicare to hold attorneys and insurers liable.

What does it mean for Plaintiff’s Attorney?

Plaintiff’s attorney will begin to take a closer look at the case he or she accepts. The attorney should change the client intake form to ask very comprehensive health related questions, whether the client is entitled to Medicare, how long has he been on Medicare, which type of Medicare and whether the claimant has used Medicare to obtain treatment for his/her injuries. The client should be advised in detail about the new Medicare Recovery Act and that Medicare is looking for 100% reimbursement, not taking into account if there is any comparative negligence. The client should be told there is no hiding from Medicare because it will be notified upon a settlement or judgment and the lien may take months if not years to resolve.

Think twice before accepting a small personal injury case involving Medicare recipients where liability is disputed. A settlement amount will have to cover Medicare charges up to 100%, attorney fees and provide money for the plaintiff. If that type of recovery does not seem likely consider rejecting the case.

However, Baby Boomers are increasing and may be a good part of an attorney’s personal injury practice. It is estimated that in the next couple of years, approximately 25% of the Country’s population will consist of baby boomers who are Medicare recipients. If the claimant has undergone limited treatment using Medicare and needs additional treatment, consider advising the healthcare provider to bill plaintiff directly or consider finding a doctor who will take the treatment on a lien. This way a Medicare lien will be avoided or at least a very minimal lien incurred. If liability is undisputed, have the medical provider bill the insurance carrier directly.

What if the attorney has a case where Medicare has a substantial lien? If it is before July 1, 2009, consider settling the claim before that time. If you cannot, again advise the client of the new Medicare Recovery Act and the reporting requirements.

If there is a settlement and Medicare does not know about it and mistakenly pays for services it has a right to recover, it can go after the attorneys whose fees are paid out of the settlement. Also the Medicare recipient can lose his or her benefits. Lawyers could be exposed to malpractice claims for not handling a client’s benefits properly. Insurers can be liable for monetary fines for failure to report. If a plaintiff loses his Medicare benefits, the plaintiff may bring a legal malpractice claim against the attorney and a bad faith claim against the insurer for not making sure Medicare benefits were protected.

After July 1, 2009, makes sure the claim is settled for an amount that will cover the Medicare lien. It may be possible to comp the lien, but do not count on it. In making settlement demands, assume that you will pay Medicare 100% reimbursement in what is paid out. Make sure all charges refer to the injuries that your client sustained. Medicare will not be speedy to resolve these claims, so discuss with the client about holding the amount in a trust account until the CMS lien is resolved rather than disbursing the entire amount owed to plaintiff.

It is unknown whether plaintiff’s attorney will have to worry about set asides calculations for future medical care and submit them to Medicare for approval. Currently, there is no formal process of liability settlements for future medical care.

Finally, negotiations with the liability insurance carrier will become more difficult. They will demand information about your client, such as social security number, so that they can comply with the requirements and avoid fines. Also, even though Medicare may ignore the comparative negligence issues, Insurance adjusters will take the position that despite Medicare’s 100% reimbursement, it will not pay 100% of the medical bills. An insurance carrier will not want to increase the cost of a claim and stand firm on its position.

This new law will pose challenges for the plaintiff’s attorney who is attempting to resolve the claim. The key is to be aware of the Medicare Reimbursement Act, and to prepare the parties prior to a settlement of the barriers that the Medicare Recovery Act may present.