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Category - Personal Injury

Keep Safe in Holiday Traffic with These 7 Tips

Keep Safe in Holiday Traffic with These 7 Tips

Every single year, the number of deaths in the US spikes around Thanksgiving. The death rate remains fairly high throughout the winter. While some of these deaths can be attributed to coronary issues, many are due to traffic accidents. As a car accident attorney, I want you to stay safe over the holidays. Accelerate and Decelerate Slowly Applying the gas slowly is one of the best ways to gain traction and avoid skids. It takes more time to stop when the roads are icy, so you should take your time to slow down for a stop sign or a red light. Do not hurry, or you will hurry on the way to the hospital. Avoid Hills if You Can Going up or down a hill presents a massive challenge when the roads are snowy. When you press the accelerator while going up a hill, you may just be spinning your wheels. If you can, try to build up some momentum before getting onto the hill. On the descent, remember that it takes longer to come to a complete stop. Apply the brakes before you think you need to. Give Other Drives Space Chances are, not every driver is as careful as you are. Turning, stopping, and speeding up are all far more difficult when conditions are poor. Other drivers do not always understand that, and may do something unexpected to compensate for a bad decision they made. Carry Emergency Supplies There are a few items that every car should have: Tow and tire chains Antifreeze Small folding shovel Basic tool kit Warning flares Road salt All of these can...
What is Personal Injury Law?

What is Personal Injury Law?

Victims of personal injury cases can get just economic and non-economic compensation as provided for by personal injury law. Personal injury law deals with cases that involve victims of accidents or intentional wrongs. The usual goal in this type of lawsuit is compensation whether it is economic (damages, lost wages), non-economic (rehabilitation, household help) or both.  However, in some situations, a punitive outcome such as possible jail time may be reached. What are the causes of personal injury? Anything that causes injury to a person as a result of the action of another can be a basis for the victim to file a personal injury lawsuit. The most common include the following: Negligence – This is the usual reason behind injuries caused by vehicular accidents or medical practice. Liability – Manufacturers of a certain product that causes harm to a consumer can also be brought to task through the personal injury law. The same goes with toxic exposure from industries situated near communities and injuries from faulty construction. Social wrong – Victims of bullying or preferential treatment because of race or gender, among others, can also file a personal injury lawsuit.   Intentional wrong – This pertains to any voluntary act that injures another person.   When does a victim need a lawyer? Victims can opt for a legal remedy especially in the following situations: Medical malpractice – Anyone who has experienced negligent or incompetent health care services needs a legal representative to get the most of his/her claim. Permanent disability – This covers appearance and physical abilities. A lawyer helps in figuring out the terms of compensation that...
Wrongful Death Lawsuit vs Survivor Action

Wrongful Death Lawsuit vs Survivor Action

No amount of money can compensate for the death of a loved one, and nothing is more painful than losing a loved one because of another person’s negligence. If you know someone, or you yourself have lost someone due to another’s negligence, you might have heard of the concept of a wrongful death lawsuit. There is also a type of case called survival action. These two actions are statutory and strictly governed by state law. Although they have the same premise, these two actions have major differences and we are here to help you decide which course to follow. What is wrongful death lawsuit? Wrongful death describes the death of a person caused by negligence or recklessness of another person or people. A wrongful death lawsuit is filed by immediate family members to seek compensation for emotional and financial damages resulting from their loved one’s wrongful death. In order to have a strong case of wrongful death, there are four elements that the surviving family of the victim needs to prove.   Negligence   The ones filing the lawsuit must prove that the victim’s death was caused by the defending party’s negligence in part or in whole.   Breach of duty   It must be proved that the defendant has a duty to the deceased victim. Take, for example, medical health providers. They have a duty to exhaust all efforts in maintaining a patient’s health. It is the responsibility of the plaintiff to establish that the defendant owed a duty to the victim and the breach of this duty caused the wrongful death.   Causation   Apart from proving...
Think Flint’s Lead Contamination Problem is Bad? Think Again.

Think Flint’s Lead Contamination Problem is Bad? Think Again.

Flint, Michigan, has gotten worldwide attention because of the problems residents have with water contaminated with lead. When local officials switched water supplies to one with more acidic water, it caused the lead in water pipes and fittings to leach out into drinking water. Reuters recently investigated the issue nationwide and found about 3,000 communities in the U.S. where lead contamination is worse than in Flint, though these communities receive virtually no public attention. Many New Jersey school systems have come under scrutiny after water tests showed high levels of lead. Reuters, after reviewing public health records, found nearly 3,000 areas where recently recorded lead poisoning rates were at least double that of Flint in the peak of the city’s contamination crisis. More than 1,100 of these areas had a rate of elevated blood tests at least four times higher. The areas span the country, in rural and urban areas. Reuters found: Within 15 blocks of a house in St. Joseph, Missouri, at least 120 children have been poisoned by lead since 2010, making the neighborhood among the most toxic in Missouri. Even a local pediatrician’s children were poisoned. In Warren, Pennsylvania, 36% of children have tested with high lead levels. In a zip code on Goat Island, Texas, a quarter of children tested showed lead showed poisoning. In parts of Baltimore, Cleveland and Philadelphia, lead poisoning has spanned decades, and the rate of elevated lead test results over the last ten years was 40% to 50%. No matter the location, Reuters found people whose lives have been impacted by lead exposure. Those dealing with lead poisoning are mostly...
Defective Hoverboards Claim Their First Life

Defective Hoverboards Claim Their First Life

A Pennsylvania family is grieving the loss of a three-year-old killed in a house fire last month in Harrisburg. The cause is believed to be a re-charging hoverboard that burst into flames, starting the fire that caused the fatality and left two house occupants in critical condition. Such an accident can happen in New Jersey if defective batteries are re-charged and catch fire. Three-year-old Ashanti Hughes was pronounced dead at a nearby hospital, reports the Los Angeles Times. One occupant jumped to safety from a second-floor porch roof and three others were taken out by firefighters using ladders. The fire department has ruled the fire accidental, stating it was caused by a hoverboard plugged in to recharge on the first floor, where family members were present. They reportedly heard the hoverboard make sizzling and crackling noises before it exploded in flames. Fire Chief Brian Enterline told the press that hoverboards are “notorious for starting fires” and asked people not to use what he called “knockoff brands” that are unsafe. “We’ve seen too many fires and too many fire fatalities as a result of these hoverboards,” he said. NBC reports that a U.S. Consumer Products Safety Commission (CPSC) spokesperson called the death the first fatality in the country linked to a hoverboard-related fire. The problem with these hoverboards, as well as defective e-cigarettes and Samsung phones, is that their lithium-ion batteries can malfunction and cause fires. According to The Economist: Lithium is the least dense metallic element, so its light weight makes it a good choice for batteries in portable devices because it can pack more power per pound than...
Where There’s Smoke There Should Be a Working Smoke Detector

Where There’s Smoke There Should Be a Working Smoke Detector

A fire in your home could be a living nightmare. A functioning smoke or fire detector should give you enough time to safely get out of your home and call for help. If that detector isn’t working properly, especially if a fire occurs at night when you’re asleep, the results can be catastrophic. We rely on these devices to keep us safe without giving them much thought. If a smoke detector isn’t working properly and serious property damage, injuries or deaths occur because of a fire, can someone be held legally responsible? Depending on the facts of the case, there may be a basis for a lawsuit against another party seeking compensation for property loss and injuries. If you own your home, you should have enough smoke detectors installed, and their batteries need to be replaced regularly. You should have a smoke detector in each bedroom, outside each sleeping area and on every level of the home, including the basement. If you have a two-story, three-bedroom house, you should have a minimum of five smoke alarms. If they’re not powered through your home’s electrical system, their batteries should be replaced at least annually. The detectors generally have an eight- to ten-year life span, so they should also be changed when the time comes. If you don’t pay any attention to your smoke detectors, never replaced the batteries and don’t have enough of them in your home, you may have a difficult time with a successful lawsuit if a fire occurs and injuries result. If the detector didn’t help save your home or your health because of a long-dead battery,...
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