Calculating Damages in a Personal Injury Case

Posted by on May 3, 2016 in Personal Injury | 0 comments

A personal injury claim has two categories of compensation, the general (or non-economic) and special (economic) damages that can both be rewarded to the plaintiff who was injured due the negligence, reckless, or intentional actions of the defendant. General damages are those that would cover for damages such as physical impairment, physical pain and suffering, disfigurement, mental anguish, and lower quality of life.

Based on experienced law firm Crowe & Mulvey, LLP, calculating for general damages can be difficult; there are certain factors that can influence the amount of compensation that the plaintiff can be rewarded with and the precise amount can be unique to every plaintiff. This means that the exact amount can differ from each case, and the compensation would depend on the individual subjective injury. Factors such as jury’s sympathy, attorney’s experience, and the horrible state of the injury would make compensation vary for each case.

Special damages, on the other hand, are compensation for the financial damages that the plaintiff suffered, and needs to be specifically proven in court. These types of damages are given particularly to cover for measurable economic losses such as medical costs (past and future), lost wages (and possible loss of earning capacity), repair or replacement of damaged property, and even loss of valuable items. Special damages are rather easy to compute because the amount is visible through receipts, medical records, and other tools and records that would show the actual amount. What you can have trouble getting an exact amount would be the future medical expenses or wage loss, which your lawyer would have to prove through expert testimonials and other important evidence.

A plaintiff who has been in an accident can have both general and special damages awarded to them if they can present proper and legal evidence of their losses. In cases where the injuries and damages are significant enough to cause long-term pain and suffering, then general damages can be given provided evidence is presented.

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True or False: On Women, Sex, and Hysterectomy

Posted by on Aug 14, 2015 in Product Liability | 0 comments

Many claims are tossed about on the subject of hysterectomy. Some sides are for it, some sides are highly against it – and these are mostly from women who have had the procedures themselves. It can be quite tricky to deal with the matter if you are considering a hysterectomy procedure – so here are some quick facts about hysterectomy.

Hysterectomy can affect sexual experience? Mostly true!

Unlike a man, there are more erogenous zones on a woman that do not involve penetration. A woman can be just as capable of climax before or after a hysterectomy, though a uterine orgasm will no longer be possible. However, the affectation of hysterectomies and sexual drive are not exactly correlated. If you have an active sexual life before a hysterectomy and your ovaries are not removed then, chances are, your active sexual life will not be affected as the hormones released are linked with your ovaries and not your uterus. Conceiving a child, however, will no longer be possible.

Myomectomy is better than a hysterectomy? It depends.

A myomectomy is the procedure that involves the removal of uterine fibroids. This is usually so it can still be possible for the patient to conceive and give birth to children. It is then more advisable to get a myomectomy instead of a hysterectomy if that were the case. However, to say that one procedure is better than another is quite false since they are not necessarily comparable procedures. One just might simply be better suited for a certain situation than another!

Hysterectomies take no time at all? Again, it depends.

Yes, there are recent innovations that allow for there to be hysterectomies to be performed through laparoscopic means. This means that there will only be minimal intrusion and the patient could be cleared only hours, not weeks, after the surgery. However, procedures of this nature that involve morcellators, according to the website of the lawyers with Williams Kherkher Law, could prove to be dangerous and cause more harm than good as there are known cases of women who went through a hysterectomy through this device only to acquire endometrial cancer in the end.

Do contact your physician in order to get the best insight on whether or not getting a hysterectomy is the best move for you to make.

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Death: No One Wants to Talk About it

Posted by on May 3, 2015 in End of Life | 0 comments

No one wants to talk about death. The idea is traumatizing to think about, and a conversation based around it is even more difficult to stomach. Unfortunately, avoiding the topic of death will not help in avoiding death itself, and there is a lot that needs to get done to prepare for death.

If you would be leaving behind a family that is not able to support themselves financially as effectively as you can, you might want to consider getting life insurance as soon as possible. The longer you have life insurance, the more money is left to your loved ones.

Be conscious of what your health insurance does and does not cover. If your death approaches you through a longterm illness, medical treatment will most likely be a big financial burden. Repaying this debt is the last thing your family would want at a time like this. Even if it means paying a little more for your health insurance, it may save your loved ones significantly more money than you spent.

If you have any specifications about where you would like your money to go once you pass, make sure to write a will or include it in your life insurance policy. This is something many people procrastinate on because they do not see it as a pressing topic at the time. However, death can come at anytime and therefore the topic of your estate is always a pressing one.

A Killeen personal injury attorney website says that accidents can be an overwhelming experience for all of the parties involved. In order to keep a stressful situation – whether it be death or something less severe – from becoming even more stressful, it is essential to be financially prepared. If this means buying less gadgets and traveling infrequently, remember that you are saving money for something much more important than unnecessary material possessions.

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Woes of Suffering Permanent Partial Disability

Posted by on Feb 11, 2015 in Workers' Compensation | 0 comments

Everything you have ever worked towards and have ever dreamt of can be taken from you in the blink of an eye – everything can just vanish as easy as a leaf from a tree, like breath on a mirror. In just a moment, everything you knew to be normal can suddenly change – and this kind of situation is true for those who have suffered permanent partial disability.

Permanent partial disability, as defined on the website of Hankey Law Office P.C., means that you have suffered an illness or injury from the workplace that has given you permanent damage but you are still capable of work. This kind of damage often involves the loss of an organ or body part. In some states, such as that of Delaware, the losses sustained from these kinds of injuries can be classified into two different categories: scheduled and non-scheduled. Scheduled losses are the likes of fingers or eyes, whereas non-scheduled losses are ones involving the kidneys or the lungs.

Suffering injuries such are unquestionably traumatic, not just for the victim but for all the people dependent on the victim as well. They may have a spouse and kids that need for them to make a living in order to be financially stable. This will not be possible if they are rendered incapable of work. Permanent partial disability benefits legally ensure for compensation on the loss of income and financial compensation for any expenses that are a result of workplace accidents, as this is a subset of workers compensation regulations.

Injuries of this nature are incredibly difficult to treat and live with; dealing with the financial and legal repercussions of an event that caused this kind of injury are things that you need not have to worry about if you were to acquire legal representation. Expert help in this regard can take care of all the paperwork and legal procedures that can be confusing, tedious, and stressful. You have enough to deal with as it is, if you are in a situation that is like this.

The only thing that you need to worry about is your recovery and return to some kind of normalcy. Make sure to consult with a lawyer in order to ensure your claim is filed accurately.

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Cocaine Possession

Posted by on Dec 9, 2014 in Criminal Law | 0 comments

Cocaine has been classified by the Controlled Substances Act (CSA) of the United States as a Schedule II drug due to its high possibility for abuse; it can be legally prescribed by doctors, however, but only for medical purposes.

The US is the world’s largest consumer of cocaine, which is a powerful and highly addictive stimulant. Certain workers and employees use this drug to increase functional activity, to stay productive despite extended hours of work. The younger generation calls it “party drug,” which keeps them awake throughout the party. To many others, the drug is otherwise called coke, dust, charlie, white dragon, foo-foo, toot, uptown, or snow.

Regardless of how it will be used, though, cocaine remains to be illegal and whoever will be caught manufacturing, selling, possessing, using or distributing it, will be met with very harsh punishments. The penalties and fines defined under the United States Code (USC) of Controlled Substances Act for mere possession of cocaine include:

  • First time offenders: up to 12 months imprisonment and a fine of, at least, a $1,000
  • Second time offenders : up to 24 months imprisonment and a fine of, at least, $2,500
  • Third time offenders: up to 36 months imprisonment and a fine of, at least, $5,000

A higher fine and a longer jail term will be given to distributors and sellers of cocaine, more so if any activity involving this drug will be marred by either injury or death.

One major reason why many are drawn to using this drug is the immediate sense of ecstasy that it provides, making the user more confident, alert and talkative. This usually gets replaced by depression, anxiety and irritability, however, as the effect of the drug begins to wear off.

Understanding cocaine, and its effects, better can definitely help individuals and families keep away from the negative consequences of its use. The information on this drug at will surely help individuals know more about the drug which the government has declared prohibited in the US.

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Xarelto Side-effects can Affect Million of Individuals

Posted by on Sep 11, 2014 in Defective Pharmaceuticals, Personal Injury | 0 comments

Xarelto, a new generation anticoagulant drug, was approved by the US Food and Drug Administration (FDA) in July 2011. This blood thinner was approved for the use of those recovering from a hip replacement surgery or a knee surgery, as well as to prevent deep vein thrombosis (DVT), which is the formation of blood clots in the deep veins, mostly in the legs, pulmonary embolism (the formation of blood clot in the lungs) and to reduce risks of stroke and blood clot formation in patients suffering from atrial fibrillation, a condition called characterized by irregular heartbeats.

According to the FDA there are about 4 million individuals in the US needing anticoagulants or blood-thinning prescriptions every year. Due to the greater benefits that Xarelto provides (compared to Pradaxa, another anticoagulant drug that was approved by the FDA in 2010) and since it does not necessitate strict diet, exercise and regular visits to the doctor for blood tests (factors required by Warfarin, a anticoagulant drug introduced in 1954), it easily became the top blood-thinning drug in the US.

Like other blood thinners, however, Xarelto has also been reported as causing excessive bleeding, and at a worse level than Pradaxa, its competitor. And, equally worse is the fact that there is no available medication that can alter this condition, thus it can result to a patient’s death. In fact, in 2012, just after a year in the market, more than two thousand severe bleeding cases were already linked to Xarelto (and reported to the FDA). About 151 of these cases involved patient death. But uncontrolled bleeding is not the only severe side-effect caused by Xarelto. According to one non-profit (consumer watchdog) organization, the Institution for Safe Medication Practices (ISMP), cases of blood in urine and feces, nose bleeding, coughing up of blood, vomiting of blood, epidural or spinal hematomas which can cause permanent paralysis and heart-related problems (especially if use is discontinued) have all been related to Xarelto.

In different states, Xarelto lawsuits continue to be filed by patients, who have been injured by the drug or by families of patients, who have had fatal injuries. If you or anyone close to you has been prescribed with Xarelto and is now suffering from a severe health condition, it is best to contact the Xarelto lawsuit lawyers at the National Injury Law Center. Lawyers of their caliber would be the best representatives you will have in court.

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The Potential for Oil Field Injuries in Wyoming

Posted by on Apr 30, 2014 in Personal Injury, Workers' Compensation, Workplace Injury | 0 comments

Simply working around oil fields or natural gas mines already sounds dangerous enough, let alone actually being in the center of the whole thing. The potential for oil field injuries is a given, and considering that Wyoming is one of the leading sources of the stuff that fuels homes, businesses and transportation in the US, one can imagine what the numbers would be in insurance claims for this type of occupational injuries.

Workers in the oil and natural gas industries understand that the job carries risk, which is why they get such high wages. It is estimated that a high school graduate working in the oil fields of Wyoming earns more per annum than a college graduate working at a white collar job in other states. Most workers in the industry go into it for the money, saving up for college, marriage or to start fresh somewhere else. Unfortunately, quite a few of them never get to reap what they sow.

The accident rate for oil and natural gas industry workers in Wyoming is purported to be the highest in the country, accounting for at least 20% of all occupational fatalities in the state not including non-fatal accidents. A report by a safety task force consultant stated that oil, natural gas and mining work sites where accidents have been reported have few or no safety regulations in place. In most cases, these accidents are covered under the state’s workers’ compensation insurance, but there are times when the claim is denied or the amount paid is not commensurate to the loss or the costs associated with the injury sustained.

If an insurance claim for oil field injuries or for other work-related injuries is unjustly delayed or denied, it is often difficult to appeal or dispute it without expert assistance. An insurance lawyer would have the necessary knowledge and experience to be of immense help in making a claim stick. Consult with one in the area to have a fighting chance of getting just compensation for occupational injuries.

This is because insurance lawyers are aware of the tactics insurance companies employ in order to avoid making fair payments to their customers. For example, oftentimes insurance companies offer a lowball settlement in hopes that claimants will accept substantially less money than they should receive. A Wyoming insurance lawyer could help individuals in the area understand how much to expect from an insurance company and fight for more money in the event that the insurer tries to offer less than is deserved, which more often than not, will be the case.

If you believe your insurance company is acting in bad faith, you should contact an experienced insurance attorney as soon as possible. They will be able to guide you through your case in order to get the best results possible. The insurance world can be complicated, so make sure you get a legal professional to help you today.

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Electronic Cigarette: Still a Bad Alternative to Tobacco Cigarette?

Posted by on Apr 2, 2014 in Smoking | 0 comments

Smoking-related health problems are among the leading causes of deaths in the US today, so says the Centers for Disease Control and Prevention. Yet, long before this, doctors have always advised patients to quit smoking due to the bad effects it has on their health and the worse effects it has on those who get to inhale second-hand smoke.

The introduction of the electronic cigarette, also called e-cigarette, e-cig, electronic nicotine delivery system (ENDS) or personal vaporizer (PV), would have been very timely as it seems to be the most sensible alternative to tobacco cigarette. But with the many things that still need to be known regarding its real effects, medical experts and government officials, as well as individuals in each same field, still have conflicting statements about the matter.

Both the American Association of Public Health Physicians (AAPHP) and the British Medical Association (BMA) see the possibility for smoking cessation and the fewer toxic effects to be the major benefits provided by e-cig. The World Health Organization (WHO), though, expressed that there is real no proof yet regarding the truthfulness of such possibility. Thus, it strongly advises the public that only after a trustworthy national regulatory organization has studied and proven its safeness should they consider using e-cig.

This battery-powered electronic cigarette is a tobacco smoking simulator. It contains an atomizer, a heating element that vaporizes a fluid-flavored solution, which may or may not contain nicotine. Due to the claimed harmless effects of its smoke, those who use it even do so in areas where smoking tobacco cigarette is strictly prohibited.

Even the Centers for Disease Control and Prevention’s Office on Smoking and Health believes that use of e-cigs causes less harm compared to smoking conventional cigarettes, yet due to the lack of government control on matters, such as its manufacturing process, the purity of ingredients used and so forth, it has to issue warnings rather than recommendations for its use; a very reasonable decision for the sake of public health.

As there are still no federal directives on electronic cigarettes, states and cities have decided to formulate their own. One common law in a number of states is the prohibition of the sale of the device to minors.

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Understanding Car Insurance Premiums

Posted by on Dec 11, 2013 in Car Insurance | 0 comments

Almost everyone in the United States has a car; it is one of the many necessities of life. Vehicles can be a convenience, but they also come with a price: possessing a vehicle often requires insurance. Car insurance is an agreement between you and an insurance company where you pay a certain amount of premium, and in case of an accident, the insurance company will pay for covered losses, typically repairs to the car.

As reported by the National Association of Insurance Commissioners in its January 2013 report, there has been a decrease in the insurance payments for auto insurance. This is regardless of who is paying the insurance. Recent studies have shown that car insurance rates differ: on average, men pay more for car insurance than women. Theses differences tend to be due to factors such as age, gender, and risk. As women have a higher chance of going to their doctors during their lifetime, men tend to have higher chances of getting into a car accident.

The people who have the highest insurance rates tend to be those who are in the 16-25 years old age bracket, but these premiums tend to lower as the drivers age and hike up again as they reach “senior citizen” status. The danger of young adults susceptible to DUI and reckless driving and older seniors with physical and mental limitations are the main reason why these brackets have higher premiums.

Attempting to lower your premium rates can be tricky, but not impossible. There are a couple of ways you can lower your car insurance premiums. One thing is to keep up with the speed limit – speeding tickets often cause premiums to rise, and even multiple speeding tickets can cancel your insurance coverage. Second, it would be best to avoid drinking and driving, since this can completely prove your negligence or recklessness behind the wheel. Drunk driving or driving under the influence is one of the leading causes of accidents and could cause serious injuries to other motorists and pedestrians. Another thing you can do is to use discounts offered by insurance companies. Maintaining a clean driving record is necessary for you to be able to qualify for many of these discounts.

It is advisable to keep an eye on your insurance coverage, or more importantly, to understand how it helps you. Know whether keeping your coverage really benefits you or costs you too much after an accident. Make sure to pay your car insurance on time, as skipping payments could signal a red flag to your insurance company.

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Debt Division in a Texas Divorce

Posted by on Nov 13, 2013 in Divorce Law | 0 comments

When the words “for richer and for poorer” were intoned during a traditional wedding ceremony, the newly married couple was probably not thinking in terms of property division. But that phrase actually encapsulates the essence of property division in a Texas divorce.

When a couple gets married in Texas, income, properties and other assets that are acquired during the marriage until divorce is finalized is considered community property, and is usually divided equally between the spouses. This does not include anything that was acquired by either spouse prior to the marriage or which was given as a gift.

But with the sweet comes the bitter. All debts and liabilities that the spouses acquire together are also equally divided based on the Texas Family Code. According to law firm BB Law Group PLLC, debts incurred by one spouse prior to the marriage may be shared by the other, but does not mean that they both legally share responsibility for it. But for debts acquired in the marriage such as a home mortgage, the spouses are equally responsible for payment, and the consequences of defaulting.

Texas courts certainly have the authority to mandate debt division as it deems right and just. A couple filing for divorce, however, are encouraged to come to a mutually agreeable divorce settlement in mediation or a collaborative divorce. This is to avoid the lengthy and often contentious process of litigation as much as possible. In most cases, couples will come to a division of debt based on the assets that they want to keep i.e. mortgage on a car, based on the originator of the debt i.e. credit card purchases, or based on capacity to pay. If no agreement is forthcoming, the courts will mandate that each spouse is responsible for half of outstanding debts.

Debt division can be just as complicated as property division if the parties involved will not compromise. A divorce lawyer conversant with Texas and county laws should be retained to protect the rights of the client when it comes to debt division.

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