Delayed Cancer Diagnosis
Cancer in one of the leading causes of death around the world. Although many types of cancer are treatable, there are still some that lack a reliable cure, which can explain why it is imperative for people to have this disease detected early in order to prevent its progression. There are instances, however, where diagnoses of these deadly diseases are delayed, putting the patient’s health and safety at risk. When a delayed diagnosis is the fault of the physician, the victim is entitled to file a personal injury claim with the assistance of their medical malpractice lawyer.
A delayed diagnosis of cancer can have severe consequences. With the delay in treatment, the cancer cells may have affected other parts of the body, bring about further complications, and could lead to its progression, where available treatments will not work any longer. Cancer is a time-sensitive disease, so immediate diagnosis and treatment is the key in preventing its spread and progression. If neglect on the part of a doctor has lead to the delay of the diagnosis and necessary treatment, then they may be held liable and compensation can be sought for the victim’s damages.
The important thing for getting compensation regarding a delayed cancer diagnosis is proving that the delayed diagnosis directly resulted in damages suffered by the patient. Therefore, it is important to have medical records to prove that the delayed treatment has in some form contributed to the response of the disease to the treatment.
Because the survival of the cancer patient is directly related to the type and stage of the disease when it is discovered, early detection is vital. Late diagnosis can only put an already weak patient into more rigorous and painful treatment that can add to more pain and suffering, and reduce the likelihood of a favorable outcome.
Wildfire Damages Recoverable Through Insurance Companies
Two large wildfires that occurred in High Park and Waldo Canyon in Colorado have sent thousands of people seeking to claim compensation through their insurance companies. Two of the largest insurers in the state claim that they expect to pay out significantly more in the coming months as more claims come in. It is estimated that the damage caused by the two fires may reach or exceed $450 million.
But not all insurers are willing to accept their losses willingly. Many homeowners are experiencing the frustrating reality of dealing with a claim for damages, as insurers seek to minimize their exposure in one of the following ways:
- Undervaluation of property
- Denial of claims
- Delays in claim processing
- Insurance bad faith
- Delays in payments
Homeowners who are still reeling from their losses are shocked at how insurers are compounding their problems. After years of faithfully paying fire insurance premiums with no claims made, it cannot be easy for homeowners to realize that insurance companies are in the business of making money rather than providing a safety net for their customers. But the fact of the matter is, keeping their payout for claims low is how insurance companies operate. However, this doesn’t mean that you should give up on your claim.
If you have encountered difficulties with your insurance company, you may need legal assistance to get the compensation you need. Attorneys experienced in insurance claims cases can help to bring an action against your insurance company on your behalf. Not only will it speed up the process of getting just compensation for your fire damage, it will also compensate you for the time lost in pursuing your claim, as well as further pain and suffering you had experienced.
Understanding Spinal Cord Injuries
Spinal cord injuries result from a severe blow or other form of trauma which damages the vertebrae (bones of the spine) to the extent that it brings pressure on or send pieces into the spinal cord. The spinal cord isn’t usually severed, but the injury can cause complete or partial paralysis below the point of impact or damage.
The spinal cord is responsible for carrying electrical signals from the brain to the rest of the body, which dictate sensations and voluntary movement. When the cord is damaged, therefore, the signals are totally or partially blocked, depending on the extent of the injury. Unfortunately, there is no treatment available to repair spinal cord injuries.
There are many ways one can injure the spinal cord, but a majority of cases are due to sudden and violent traumatic incidents, such as car accidents, falls, or assault. Emergency medical treatment is indicated for any suspected spinal cord injury as immediate professional attention can significantly reduce the extent of the damage.
Symptoms of Spinal Cord Injury
Spinal cord injuries may not be immediately apparent after a traumatic event. The following are signs and symptoms of possible spinal cord injury and should be closely monitored following an accident:
- Numbness
- Incontinence
- Paralysis
- Spastic movements
- Acute back pain
- Pressure in the back, head or neck
- Breathing difficulty
- Loss of balance
Costs Associated with Spinal Cord Injury
Depending on the extent of the injury, a victim may expect a minimum of $15,000 in medical costs a year, and over $500,000 over a lifetime. This does not include the costs of emergency medical treatment and hospitalization following an accident, the loss of future income, or the psychological and emotional effects of partial or total paralysis.
If you or someone you know has suffered from spinal cord injury due to the negligence or recklessness of a third party, it is possible to get compensation. Contact personal injury attorneys to get their advice on what should be done.
Some Facts About DUI Charges
If you or someone you know is charged with driving under the influence (DUI) or driving while intoxicated (DWI), it is important to keep in mind that this is rarely an open-and-shut case. DUI attorneys will tell you that there are many types of errors which may have been committed at the time of the arrest that can be used to mount a good defense and beat a DUI or DWI charge. Whether you were actually drunk or not, or if any error was committed, your first move should be to get legal representation for your case.
Is the Breathalyzer Test Infallible?
Most people think that if you register blood alcohol content (BAC) of .08 or higher on a breathalyzer test, all is lost and you might as well just plead guilty, even if you don’t think you were drunk at all. The truth, however, is quite different. Defective equipment, some medical conditions, and high-protein diets can all lead to a false-positive BAC reading. And even if none of these conditions are present, if you were detained without probable cause (you weren’t driving erratically, behaving suspiciously, or the subject of any outstanding warrants), the arrest and subsequent test are not legally admissible in court.
Options to Consider
A DUI charge means different things for different people. If you are a first-time offender, then it is considered a misdemeanor, and the judge will most likely not keep you in jail.
Another thing you will have to discuss with your lawyer if you decide to go to trial is whether to ask for a jury trial or a trial by judge. In general, a judge is more likely to be lenient with first-time offenders. Otherwise, a jury is usually easier to convince than a case-hardened judge. Let your lawyer have all the facts; DUI attorneys will make an accurate assessment of your situation and how to best handle the situation.
Billionaire Wine Collector in Legal Battle Alleges He Was Sold Counterfeit Wines
Billionaire wine collector William Koch is in court this week pursuing a lawsuit against another wealthy wine collector, Eric Greenberg.
Koch alleges that Greenberg knowingly sold counterfeit wines at a 2005 auction. Some of the bottles in contention include wines such as 1921 Château Petrus and 1921 Château Cheval Blanc. He paid more than $20,000 for multiple individual bottles. In all, Koch spent more than $300,000 on wine that he now believes to be counterfeit.
Koch has spent a considerable amount of money (more than $7 million) fighting counterfeit wines and having his collection’s authenticity verified.
Some of the ways a wine’s authenticity is determined include examining the cork and labeling. Experts say the best way to tell is by tasting it.
FELA is the Railroad Worker’s Friend
FELA stands for the Federal Employers Liability Act, which was specifically designed to regulate the occupational safety of people who work on railroads. These include any employee of a railroad company that transports goods or people from state to state. It also includes contractors who are injured while doing work for an eligible railroad company.
Few people are aware of the safety and health issues railroad workers have to face, but in 1906, when the boom in the railroad industry also meant sharp increases in the incidence of injuries and workplace accidents among workers, the federal government took notice. This was when FELA was conceived, and in 1908 the proposal was enacted into law.
Common Injuries for Railroad Workers
FELA is not workers’ compensation, but may augment it or make up for its deficiencies. FELA covers injuries that may not be covered under workers’ compensation plans, such as cumulative injuries due to repetitive movement and whole body vibration. However, FELA is based on the notion of negligence; a claimant will have to prove negligence on the part of an employer, manufacturer or co-worker in order to file for and claim compensation for work-related injuries. Under workers’ compensation, a worker need only prove that the injury is work-related.
Common injuries that fall under FELA include (but are not limited to):
- Back injuries
- Burns
- Disfigurement
- Broken bones
- Neck and spinal cord injuries
- Loss of limbs
- Repetitive motion injuries
- Joint damage
In order for a claimant (whether the victim or a family member of a worker who died on the job) to file a personal injury claim under FELA, he or she may use the following as a basis for the claim:
- Collision, derailment or other impact accidents
- Exposure to toxic fumes (i.e. diesel)
- Use of heavy machinery
- Carrying of heavy loads
- Defective or faulty equipment
To be sure that a case has merit, it is best to consult with personal injury attorneys with extensive experience and knowledge of FELA cases. Proving negligence will not be easy without expert legal counsel.
Utah State Law Enforcement Facing Lawsuit for Fake DUI Arrests
Former Utah State trooper Lisa Steed’s record-setting number of DUI arrests for a single year, as well as arrests made throughout the rest of her career, are under scrutiny following the appearance of a lawsuit alleging that she made many of the arrests illegally.
After joining the force in 2002, Steed received a great deal of recognition from her peers for her high arrest totals. She was named State Trooper of the Year in 2007 and in 2009 became a member of the state’s DUI squad. That year, she made a record-setting 400 DUI arrests, more than double the amount of arrests made by the next highest officer.
However, her success may not be what it seems. The lawsuit accuses Steed of making DUI arrests on individuals who had no alcohol in their system, sometimes after multiple negative breathalyzer tests. Instead of using the empirical measurements given to her by the breathalyzer, Steed based many of her arrests on visual signs of intoxication such as pupil dilation and shaky legs.
Utah is known throughout the nation for it’s relatively strict alcohol laws, but Steed took things too far when she consciously made the decision to go above the law and blatantly disregard what is fair and just. The lawsuit claims that her arrests dating as far back as 2006 should be reexamined.
Steed was fired last November under accusations of falsifying police reports and violating police policies. She is seeking to be reinstated, but hopefully her record of corruption will be more than enough to keep her out of a position where she can further abuse police powers.
Legally Making Wine at Home
After the end of prohibition, a law was passed that allowed citizens to make wine and beer in their own homes for personal consumption. However, it was left up to the states to make this legal within their borders individually. As of today, there are only two states that have yet to allow their citizens this freedom: Alabama and Mississippi.
Even though it may be legal to make wine or beer in your state, there are still state and federal regulations around this practice that you’ll need to be aware of before proceeding.
Most states took the federal law’s suggestions, but some states only allow certain materials to be used, and still others have further regulations.
One of the most important aspects of making your own alcohol that you need to be aware of is that you cannot sell the fruits of your labor. This is because alcohol sales are taxed, and if you sell it yourself, the government doesn’t get its cut.
Nevertheless, making your own wine is a fun and interesting hobby to pick up.
Causes of Air Accidents
Air travel is considered to be the one of the safest ways to travel, but when an accident occurs, it is often a catastrophe. Of the 21 accidents which have occurred in 2013, 107 people died as a result. The investigating body in the US for airplane accidents is the National Transportation Safety Board, and in more than half the cases, human error was pinpointed as the cause of accidents.
Human Error – A Major Cause of Air Accidents
While human error may be the cause, there are many factors that may lead the pilot, maintenance people, crew, or aircraft controller to make the error. In cases where aircraft accidents lead to death, serious injury, injury or property damage, therefore, the liability may fall on more than one entity. This is due mostly to findings of negligence, in the form of reckless or careless behavior of the pilots, aircraft controllers; maintenance crew, engineers, airline companies, manufacturers, or others who may be among those who directly or indirectly caused the accident.
Personal injury attorneys at the very least can bring an action against potentially liable parties to ensure that victims and those closely related to victims can make a claim for their damages. An NTSB investigation may take up to 12 months to complete, and for many victims they may not be able to wait that long.
Proving Negligence
Claims are usually made against an airline carrier’s insurance company; if no insurance is applicable for a particular case, compensation may still be claimed directly against those who may be liable for the accident in court. The main requirement would be to prove negligence, but the nature of air accidents often makes it difficult to ascertain exactly who is at fault, and most of those who may be liable would rather settle than wait for the outcome of the investigation, which may result in larger awards if negligence is indeed proven.
The Role Of A Personal Injury Lawyer
When a person is injured in a serious accident caused by someone else, it is critical that they get the compensation necessary to help pay for medical bills, lost wages, and other damages in order for that person to be able to recover from their injuries.
A personal injury lawyer plays a vital role in an injury claim. They represent the victims in court, helping them to fight for the compensation they need and deserve for the pain and suffering they’ve had to endure. It is their job to interview and gather data regarding the incident, interview witnesses and family members, gather medical documents, and many other tasks. It is their job to ensure that the evidence is enough to secure proper compensation from the people responsible for the injury.
There are many types of injuries which may qualify for legal action, and while lawyers are aware of how to fight and represent their clients in court, it is vital for you to get the right personal injury lawyer for a specific case. Issues such as brain injury claims and medical malpractice require a lawyer with experience handling these types of claims. Alternatively, injuries resulting from a car accident or a plant explosion are better suited to attorneys with extensive experience litigating these types of cases.
Because of the intricacy of most personal injury cases, it is also important that the lawyer which you hire is well-versed in the laws of the state and jurisdiction in which you live. Knowing more about their background, their past cases, and those that they have represented can help you determine if you have the right person to represent you in court. Your personal injury lawyer should also be attuned to your particular desires for the outcome of the case, especially regarding your preference for a settlement or a full trial.