Most Common Types of Driver Errors According to the National Motor Vehicle Crash Causation Survey

Posted by on Nov 30, 2016 in Personal Injury | 0 comments

In July of 2008, the National Highway Traffic Safety Administration (NHTSA) of the U. S. Department of Transportation submitted to the U.S. Congress the results of the National Motor Vehicle Crash Causation Survey (NMVCCS) that it conducted from July 2005 to December 31, 2007. The goals of this survey were twofold: (i) prevent car crashes from occurring by understanding the events leading up to a motor vehicle crash and, (ii) to minimize injuries (during car crashes) by aiding in the evaluation and improvement in the design, development, and refinement of crash avoidance technologies, which included the electronic stability control (ESC) system, run-off-the-road warning system, brake assist system, lane departure warning system, adaptive cruise control, electronic brake distribution, and adaptive headlights. The information collected by the NMVCCS included condition of the vehicle, road surveillance, malfunctions of vehicle systems, and driver-related factors in crash occurrence, such as driver control of the vehicle, driver distraction or inattention, adequacy of evasive actions, and aggressive driving.

Though vehicle-condition-related factors and roadway-related factors contributed much in car crashes, the highest percentage, as much as 94% of car crashes, was attributed to human or driver-related factors. These factors included: inadequate surveillance, internal distraction (like talking with a passenger and use of electronic device, especially a cell phone) external distraction, inattention (like daydreaming), driving too fast for conditions, going too fast along curves, false assumption of another driver’s action, illegal maneuver, misjudgment of gap or another driver’s speed, following too closely, aggressive driving, poor directional control, panic/freezing, sleeping while driving, and physical impairment, like heart attack or other types of medical emergencies.

Some other types of the most commonly occurring driver error, as stated in the website of the law firm of Pohl & Berk, LLP, include over-correction, failure to use turn signals, distracted driving and neglecting blind spots (side-swiping). These, plus the so many other types of driver errors, can lead to serious physical injuries, leaving victims not only in pain and suffering, but possibly in financial difficulties too.

Errors in driving are results of bad driving behavior – an epidemic on U.S. roads and highways. Most of these errors end up in road crashes during the winter season or heavy rains, when the road is slippery, and during holidays (July 4 Independence Day is first on the list) when millions of drivers drink and drive.

Though today’s fleet of cars are being equipped with crash avoidance technologies, it still needs to be seen if these will really help decrease crashes, which still reach millions every year, mainly due to negligent and irresponsible driving.

Read More

Recovering From Shoulder Replacement Surgery

Posted by on Oct 28, 2016 in Dangerous Medical Products | 0 comments

Shoulder injuries can limit the movement of the shoulders. Where traditional treatment methods has failed, shoulder replacement surgery can help a patient find relief from the debilitating pain associated with these kinds of injuries. In shoulder replacement, a metal ball is attached to the head of the upper arm or the humerus and a plastic component attached to the socket or the glenoid. Shoulder replacement surgeries will usually take around a couple of hours.

After the surgery, you will be resting in the hospital for around a couple of days depending on your rate of recovery. While in the hospital, the newly operated arm may still feel painful and it will be managed with medication. The medicine will be administered either through injection or a pump. You will be required to wear a sling for around four to six weeks after the operation. However, be careful especially when the implant has been attached to your shoulders already.

Successful operations may keep your repaired shoulder functional for about 10 years. If your operation has proven to be successful you are lucky because other patients got injured even further because the implant attached to them was found to be defective. In recent years, there have been reported cases of defective replacement devices being implanted on patients. These implants have brought tremendous pain to patients. According to the website of Williams Kherkher, these defective implants can cause injuries such as bone loss, instability, weakness, and others.

Shoulder replacement surgery is designed to provide relief and comfort to patients suffering from chronic shoulder pain. However, with faulty replacement devices, the corrective solution which they are supposed to provide patients makes the condition worse and more painful for the individual. The good news is that you can damages for the pain and suffering the defective implant has caused you.

Read More

Treatment for Arthritis: Pros and Cons of Joint Replacement Surgery

Posted by on Oct 20, 2016 in Dangerous Medical Products | 0 comments

Arthritis is one of the leading causes of joint damage. The most severe cases of arthritis cause patients stiffness, pain, and limited mobility in their joints, particularly their knees, hips, and arms, hands, and shoulders. While these symptoms can be addressed with a combination of physical therapy and medication, some patients can experience extreme symptoms that can only be solved by undergoing surgical procedures.

Based on data from the National Institute of Arthritis and Musculoskeletal and Skin Diseases, about 1 million arthritis patients undergo joint replacement surgery every year across America. Many of these surgeries involve replacement of the hip and knee joints, as well as shoulder joint. All of these procedures involve having the damaged joint removed and replaced by a prosthesis or implant. Majority of damaged joints are replaced with metal-on-metal implants which are manufactured by pharmaceutical giants.

Many doctors suggest that patients with severe joint damage undergo replacement surgery because of its many advantages. For one, a patient can easily gain full function of their joint after recovering from the surgery. Implants are also incredibly durable and won’t need to be replaced for at least 10 to 15 years. It also frees patients from having to constantly take medication and deal with side-effects. Still, despite these advantages, joint replacement surgery isn’t without risk. Aside from the typical risks associated with any surgical procedure, joint replacement surgery can also become complicated due to defective or badly designed implants. Defective metal-on-metal implants are particularly dangerous because it’s connected to several adverse effects like bone and tissue damage, as well knee, hip, or shoulder replacement metal toxicity.

If you believe that surgery is the best answer to your debilitating arthritis symptoms, it would be helpful to dialogue with your doctor to learn about the benefits of joint replacement. You can also ask your physician regarding the controversy around metal-on-metal implants and if they can suggest safer alternatives.

Read More

Types of Amputation Injuries

Posted by on Sep 17, 2016 in Personal Injury | 0 comments

Getting the bad news that your limbs will be amputated can be devastating. It can have physical and psychological consequences on the part of the injured. Losing a hand or leg can be life changing as it results to a wide range of limitations. The website of Mazin & Associates, PC revealed that amputations are the result of severe injuries or when attempts to save a limb fail.

Amputations fall into two major categories namely traumatic and surgical amputation. While all amputations are traumatic, traumatic amputations refer to the way the amputation occurred. For example, the injury came from a violent and unexpected event. Examples of traumatic amputations include accidents involving machineries, road traffic accidents, electric shocks, explosion, and others.

With traumatic amputations, the limb involved can no longer be re-attached and the injured person will most likely need surgery to shape the bone of the remaining limb, to clean the wound, and close it. Traumatic amputations may involve more than one surgical procedure.

Surgical amputation, on the other hand, may be required if the person suffers from a traumatic injury. It may be carried out as a part of immediate emergency treatment to save the life of a person or because their bones or tissues have been badly damaged that they cannot be reconstructed. However, if the limb can still be saved, the surgeon will try it first and consider surgical amputation as the last resort.

It may take weeks or months after the initial injury to become clear if the limb has completely lost its full and useful function. Only then will the decision to amputate be made. There are instances when surgical amputation may be carried out many years after the initial injury. A person may have undergone major joint reconstruction and that the condition may deteriorate over time that joint replacement may be needed. However, the limb may have weakened and may not be able to withstand another surgery making surgical amputation the only option.

Read More

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.

Read More

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.

Read More

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 Houston 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.

Read More

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.

Read More

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 http://www.flahertydefensefirm.com/ will surely help individuals know more about the drug which the government has declared prohibited in the US.

Read More

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.

Read More