Hospital Errors and Negligence Rochester

by | Jun 5, 2020 | locations

A hospital in Rochester, Minnesota is a place intended to heal you – not cause further damage.

Unfortunately, overcrowded emergency rooms and hospital errors can lead to preventable poor patient outcomes. If you or a loved one is a victim of hospital errors or negligence in Rochester, do not wait to consult with an attorney about a possible medical malpractice lawsuit. Trial Lawyers for Justice offers 100% free and confidential initial consultations. Contact us today for yours.

Why Do Clients Choose Us?

  • We are a powerhouse with record-setting results, the experience of over 300 jury trials and award-winning lawyers.
  • We have years of experience handling medical malpractice and negligence claims specifically, both in and out of the courtroom.
  • We accept all Rochester hospital errors and negligence claims on a contingency fee basis. You will not pay unless we win your case.

Why Hire an Attorney in Rochester, Minnesota?

It can be difficult to prove a medical malpractice case in Minnesota. The hospital and its insurance company will be acting against you each step of the way. When you hire an attorney, you receive the assistance, knowledge and advice you need to take a stand against malpractice.

Your lawyer can help you prove the four Ds of malpractice: duty, deviation, direct cause and damages. From obtaining proof of malpractice to representing you during negotiations, your lawyer can handle many legal tasks for you while you recuperate.

How Do Hospital Errors Happen?

Hospital errors could occur even at a prudent health care facility under ideal conditions. If a mistake happens because of someone’s negligence, however, the facility could be guilty of medical malpractice.

Many circumstances could lead to less than ideal conditions for patient care. If another hospital in Rochester, MN would not have made the same mistake, you might have grounds for a medical malpractice claim.

  • Understaffed hospital
  • Overworked staff members
  • Rushed physicians
  • Miscommunications
  • Negligent doctors or nurses
  • Misread test results
  • Failure to refer you to a specialist
  • Medical product liability
  • Poor sanitation measures
  • Patient mix-up
  • Lack of follow-up

Negligence is the number one cause of hospital errors. If a health care worker or another staff member at the hospital failed to fulfill his or her duties of care and a patient suffered an injury as a result, the hospital could be liable for damages. Hospital liability could lead to financial compensation for the injured or wronged patient.

Why File a Hospital Negligence Claim?

It is important to come forward and speak out against hospital negligence in Rochester. Filing a lawsuit against the health care center for your injuries, illness, damages or a loved one’s death could shed light on issues within the hospital that could injure other patients. Your suit could lead to procedural changes and safer health care for future patients. It could also help you pay for the losses associated with a hospital error.

  • Past and future medical bills
  • Lost income and benefits
  • Legal fees and related expenses
  • Pain and suffering
  • Emotional injuries or distress
  • Lost quality of life
  • Loss of consortium
  • Wrongful death damages

Hospital negligence could lead to significant mistakes such as misdiagnosis, failure to diagnose, prescription errors, overdose, wrong patient, surgical mistakes and serious related patient harm. At Trial Lawyers for Justice, we are passionate about helping injured patients hold negligent hospitals accountable.

We will do what it takes to fight for maximum compensation for your injuries and losses.

Contact a Rochester Hospital Negligence Lawyer Now

If you recently visited a hospital in Rochester, Minnesota and experienced any type of negligence or error, resulting in damages for you or your family, contact Trial Lawyers for Justice as soon as possible.

Minnesota has a four-year maximum time limit on bringing medical malpractice claims. Acting quickly, however, can protect key evidence and give you a stronger claim against the negligent hospital. Schedule your free initial consultation today. 

Family of man who died in Cuyahoga County Jail sues county

Family of man who died in Cuyahoga County Jail sues county

by | May 28, 2020 | News

Joseph Arquillo, 47, suffered a premature and preventable death under the direct supervision of the Cuyahoga County Jail in Cleveland, OH. One of the Cuyahoga County Jail’s most critical responsibilities is to keep its inmates safe from harm – it grossly failed to do so for Joseph Arquillo. Trial Lawyers for Justice (TL4J) attorney Ben Novotny is representing the Arquillo Family. Attorney Novotny made a statement on the tragedy stating, whether it happens in the streets or behind prison doors, the abuse of power is inexcusable.

To learn more about the failures leading up to Joseph Arquillo’s death, visit: cleveland.com 

How Does A Car Crash Settlement Work?

How Does A Car Crash Settlement Work?

by | May 26, 2020 | Blog

Any time you’re in a car crash with damage to yourself, your vehicle, and/or someone’s personal property, you’ll be placing a claim. If you’re responsible for that crash, your auto insurance company pays settlements to others and, most likely, repairs or replacement of your car. What if it’s not your fault? The same process applies. You file a claim against the other driver’s auto insurance.

You’ll be reimbursed for the cost to replace or repair your car. Your medical bills are covered by insurance. You can also get paid for the time you miss from work or school. Payments for your pain and suffering are also included in most settlements.

Things to Do at the Scene

After you’re in a vehicle crash, you or someone at the scene will call the police. You may not see a lot of damage to your car. It’s best to call the police and get a report started. The smallest amount of damage can be far costlier to repair than you might expect.

While you wait for police to arrive, take photos off the damage to any vehicles and personal property like fences and mailboxes. If you’re badly injured, you can usually get photos from the police later.

You should also ask to see a doctor. Again, you might feel fine, but shock after a crash often gets adrenaline racing. That adrenaline can mask pain. It’s best to be seen and learn there is nothing wrong than discover you have serious injuries hours later.

The Crash Investigation

Police will do their investigation and issue a police report. The insurance company will also investigate. They will look at the damage to your car, the crash scene, your medical reports and bills, the police report, witness statements, and the crash location.

In addition to those pieces of evidence that are used to determine the settlement amount, the insurance company often consults with crash reconstruction experts and engineers who can determine if road conditions or malfunctions in a vehicle were partially or fully to blame.

An appraisal of your car’s value is calculated. The value may be based on the cost to repair the car to its state prior to the crash or the Kelley Blue Book value at the time of the crash. The question for the insurer is if it’s cheaper to repair or replace your car.

If you’re going to have to replace your car or get it repaired, you’ll likely need a rental car in the interim. The cost of a rental car may also be part of the insurance claim.

Finally, the insurance company will find out how much time you had to miss. If you needed a week of rest after a head injury and missed five days of work, that will be considered. If you missed a day of college classes, the cost of the classes is also tallied.

The Settlement

When the insurance company has looked over all the evidence, you’ll often be offered a settlement. If you accept it, you’ll be asked to sign paperwork releasing the driver and insurance company from future claims. What happens next depends on the actual ownership of your car. If you hold the title, you\’ll have to turn that over to the insurance company if the car was declared a total loss. You receive your payout when you present the title. After that, you’ll be rushed to use that money to get a replacement car.

If the car is being repaired, the insurance company may pay the mechanic directly. If you were able to drive your car after the crash, you may get the check and have it repaired at your convenience.

If there was still an active loan or lease on the car, the financial institution is part of the process. If the car is being repaired, the repairs have to be made, so you’ll never see the money. If the car was totaled, the insurance payoff is given to the bank to pay back the remainder of the loan or lease.

Is the Settlement Offer Ideal?

Sometimes, it’s not to your advantage to deal directly with the insurance company. Don’t rush to get the money. It may not be the best offer in your situation.

You could have injuries that require years of medical care. Traumatic injuries can lead to PTSD that requires months and even years of counseling. The amount you’re offered in the settlement may not be enough to really replace the car you’ve just lost. This is when you need to talk to a law firm that specializes in personal injury lawsuits.

Isn’t it in your best interest to talk to a trial lawyer? Remember that another driver’s auto insurance company is working for the other driver. You may be offered a fair car crash settlement, but it’s not always the case. Insurance companies may offer a low-ball settlement to see if you’ll take it.

A free consultation with a personal injury lawyer helps you be certain the settlement is in your best interest. Talk to the experienced legal team at TL4J to be sure you’re getting the full compensation you deserve.

I Was Hit by a Commercial Truck. What Should I Do?

I Was Hit by a Commercial Truck. What Should I Do?

by | Apr 28, 2020 | Blog

Passenger vehicles don’t weigh anywhere near as much as a commercial truck. Commercial trucks include cement mixers, dump trucks, snowplows, flatbeds, garbage trucks, refrigerated trucks, tankers, and tractor-trailers. All of them can be extremely heavy whether they’re empty or packed with goods. The average weight of a passenger car is around 1.5 tons. A passenger truck is around 3 tons. A dump truck or snowplow can weigh up to 28 tons. Your injuries can be severe.

If you’re hit by a commercial truck, you need to know what to do next. Even if steps to take seem to be common sense items, anxiety can make it very hard to think things through. We can help you understand your rights and responsibilities.

Your Well-Being Matters Most

Before you start worrying about talking to your insurance company, take care of yourself. You likely have noticeable injuries and will be taken to the hospital by ambulance. If you weren’t seriously injured, you may not feel it’s important to get checked out by a medical professional. You still need to do this. Auto insurance pays for your medical bills, so there’s no reason to skip this step.

You could have a concussion. There could be contusions that need medical attention before a brain bleed or brain swelling puts your life at risk. Internal injuries and bleeding can also occur slowly at first. You don’t realize the severity because you’re filled with adrenaline that’s masking the pain. Go to the hospital or, at the very least, go to your doctor or an urgent care office. It’s better to find out you’re not injured than to be at home and have an injury worsen. It also starts a chain of evidence regarding medical expenses if you need to sue the trucking company for your injuries.

When you get home, schedule follow-up appointments if they were recommended. Take medications as recommended. Do what the doctor said to do. If the doctor told you to stay home for a few days, call your boss and explain how long you’ll be out. Keep track of your lost wages until you’re able to return to work. If you need a doctor’s note to prove to your boss that there’s an issue, ask the doctor to provide one. The more paperwork you have to prove your claims that the accident disrupted your life, the easier it is to get a favorable settlement.

Get Photos if You Can

If you’re well enough at the scene, take photos and get witness names and contact information. This can help you in the long run. If you have a dashcam, make sure the footage is recorded and have it sent to your email as a back-up. You may find witnesses also have dashcam footage and can send you a copy.

You may not be able to get photos. It’s okay. The investigating officer will take photos during the investigation. These photos will be part of the accident report. You can always ask for copies when you’re getting a copy of the accident report.

Make Sure an Accident Report is Filed

Police should have been at the scene. If you didn’t get the investigating officer’s name and badge number, call the station to get this information. Your insurance company is going to need it for the accident claim. If the police were not called to the scene, you should go fill out an accident report at the station or see if you can file one online.

To fill out the accident report, you need to have the other driver’s license number, contact information, VIN, and insurance information. Have the names and contact information for other witnesses. Answer the questions on the report and stick to the facts. Don’t accept fault and don’t apologize. Get a copy of the accident report after you’ve filled it out.

Call the Insurance Company

At home, you need to call the insurance company. Depending on your insurance agency, you may be able to start a claim online. This will be easier if you’re injured and don’t want to be stuck on the phone for a while.

You need to share the details of the accident, the police officer’s name and badge number, the accident report number, witnesses’ contact information, and the other driver’s information. If the insurance adjuster asks for a written statement or to record your statement, do not agree to this until you talk to an attorney that specializes in truck accidents.

After you file a claim with your insurance adjuster, that agent usually talks to the other insurance company to get things started. The other driver’s insurance adjuster may call you. Again, don’t feel that you have to allow him/her to record what you say and don’t agree to anything without first talking to an attorney. Insurance adjusters are looking for holes in your story to show that you could shoulder part of the blame. This can help them avoid having to pay for the full extent of the damages. You don’t want to get frustrated and say something they take the wrong way.

Why Do These Accidents Happen?

When you’re in a crash with a commercial truck, it’s important to understand it’s not necessarily your fault. The commercial truck driver’s insurance company may try to pin some or all of the blame on you but don’t let them. You have a lot of unanswered questions. Many truck accidents happen because the driver was not properly trained, was distracted with a phone or GPS, was tired, or was overloaded. Equipment failure and impaired driving are other leading causes.

You do not know the last time the truck was inspected. It could have blown a tire, had a brake issue, or had a problem with the steering. You don’t know how many hours the driver has been driving. If the driver you’re in a crash with has driven for too many hours or not taken enough breaks, the driver and his/her company would be to blame. State laws may alter these rules, but the Federal Motor Carrier Safety Administration limits drivers to these two key rules:

  1. Drivers cannot work more than 14 hours total without a minimum of 10 consecutive hours spent off duty. Of those 14 hours, only 11 of them can be spent driving the commercial truck.
  2. If a driver has reached 60 hours of work in 7 consecutive days or 70 hours in 8 consecutive days, the driver must take at least 34 hours off before starting another 7 or 8-day schedule.

In many of these crashes, both the truck’s driver and the company are at fault. The driver may have been at the wheel, but the trucking firm may have skipped routine inspections to save time and money. If a part on the truck is defective, it could be the fault of the truck or parts manufacturer, too. This is why it’s important to hire an attorney who specializes in truck accidents and understands the liability laws regarding these crashes.

Trial Lawyers for Justice is easy to reach and has the expertise you need at this challenging time. Our attorneys specialize in truck accidents. If you’d like to schedule a free consultation, we’re happy to find a time that’s convenient for you. Call our toll-free number 866-854-5529, email us, or access live chat. We’re here for you 24/7.

How Much Do Iowa Personal Injury Lawyers Charge?

How Much Do Iowa Personal Injury Lawyers Charge?

by | Apr 22, 2020 | Uncategorized

[vc_row][vc_column][vc_column_text]

Although Uber, Lyft and other rideshare companies have dominated the public transportation landscape, they are still figuring out passenger safety and appropriate company protocols — and unfortunately, riders have acted as guinea pigs in real time. Thousands of Uber and Lyft riders have suffered injuries from traffic accidents due to negligent rideshare drivers. Some victims have passed away. Others are still dealing with emotional trauma from rideshare driver sexual assault.

If you or a loved one has injuries from any type of Uber or Lyft accident in Des Moines, Iowa, discuss matters with an attorney from Trial Lawyers for Justice. Our rideshare accident attorneys may be able to help you hold Uber or Lyft accountable. You could recover compensation for your damages. Contact us today for a free initial consultation. Call (866) TL4J-LAW to reach our attorneys directly, 24/7.

Why Hire Trial Lawyers for Justice?

  • Our lawyers live up to our law firm’s name – we are passionate about fighting for justice and fair compensation on behalf of injured accident victims in Iowa.
  • Our attorneys can and will take defendants to trial if that is necessary for top results. We have recovered over $1.5 billionfor clients throughout our law firm’s history.
  • Our Des Moines Uber and Lyft accident attorneys accept clients on a contingency fee basis. We do not charge anything for services rendered unless we recover compensation for the client.

Common Causes of Uber and Lyft Accidents in Des Moines

In a no-fault state, an injured accident victim does not have to demonstrate fault to obtain compensation.

In a fault state, the victim has the burden of establishing negligence. Iowa is a fault state. Although this means you may have to prove someone else’s negligence before you can recover benefits, it also means a better chance of a higher recovery amount. Trial Lawyers for Justice can help you determine and prove fault in your Uber or Lyft accident case.

  • Distracted Uber or Lyft driver
  • Drunk or drugged driver
  • Drowsy driver
  • Speeding
  • Tailgating or aggressive driving
  • Unsafe lane changes or merges
  • Poor vehicle maintenance and upkeep
  • Sexual assault by a rideshare driver

Rideshare drivers do not receive any special training before receiving permission to pick up passengers. Unlike taxi companies, rideshare companies use independent contractors, not employees, and have lax driver hiring and training protocols. This can lead to dangerous drivers who are responsible for the safety of rideshare passengers. If a negligent or reckless Uber or Lyft driver caused your accident, the driver and/or company may owe you compensation.

What Might a Rideshare Company Owe You?

Both Uber and Lyft have insurance policies that provide $1 million in liability coverage to passengers injured in traffic accidents. If the rideshare driver negligently caused your accident, the company might be responsible for covering your damages. A successful Uber or Lyft accident claim in Des Moines could repay you for several losses.

  • Medical expenses
  • Lost wages
  • Property damage or losses
  • Pain and suffering
  • Attorney’s fees

The value of your Uber or Lyft accident claim will depend on factors such as the seriousness of your injuries and your prognosis for recovery, as well as your age and income. At Trial Lawyers for Justice, we can review your case for free to give you an accurate idea of how much it could be worth.

Injured in an Uber or Lyft Accident in Des Moines, IA? We Can Help

Uber or Lyft might not treat your case fairly, but a personal injury lawyer will. Our attorneys can protect your rights as a rider. Representation by Trial Lawyers for Justice will show an insurance company you mean business. Our lawyers can demand full compensation for your past and future losses from the rideshare company or another defendant while you focus on healing. Discuss the potential value of your accident claim in Des Moines today. Call (866) 854-5529 or send us a brief description of your case online for a callback.

[/vc_column_text][vc_empty_space height=”11px”][/vc_column][/vc_row]