Victims who have been injured as a result of a medication error may be entitled to compensation for medical expenses, pain and suffering, lost wages, and in some cases, punitive damages. When medication errors are fatal, the victim’s family may be able to pursue a wrongful death claim against the negligent party. To learn more about available legal options, contact the Trial Lawyers for Justice today.

Types of Medication Errors

A number of different medication errors may occur in the course of treating a patient, including:

• Administering the wrong medication
• Prescribing the wrong medication
• Administering the incorrect dosage of a medication
• Administering or prescribing a medication that the patient is allergic to
• Not discussing the potential side effects associated with a medication
• Prescribing or administering a medication that will interact with another medication the patient is taking

Liability For Medication Errors

The first step in pursuing a medical malpractice or wrongful death claim is determining liability, however this can be complicated when it comes to medication errors because there are so many parties involved. You will first need to figure out what went wrong that led to the error.

If the wrong medication or the wrong dosage was administered to a patient, whoever administered or prescribed the medication would be liable. For example, if the doctor prescribes the wrong medication, he would be held liable. However, if he prescribes the correct medication, but the nurse administers it wrong or gives you the wrong dosage, this would be the nurse’s fault. This often occurs with medications that need to be administered a certain way, such as injected into the muscle as opposed to into the bloodstream.

In rare cases, a pharmacist may give you the wrong medication because the prescribing doctor’s handwriting was so poor, he misread what the doctor wrote. Even though the pharmacist made the mistake, the doctor would be held liable in this case.

Patients may also be victims of mislabeling, which occurs when a manufacturer or retailer puts the wrong label on a medication. In this situation, whoever labeled the medication would be held liable.

Doctors, nurses, or pharmacists could be held liable if a prescribed medication interferes with another medication you are on, if you are not warned about the side effects, or if you are allergic to the medication.

Medication error cases can be complex, so you will need the help of an experienced attorney who can gather the appropriate evidence, call upon expert witnesses, and fight to help you recover the compensation you deserve.

What To Do If You Are A Victim

Some medication errors are minor and harmless, but others can lead to serious injuries or even be fatal. If you or a loved one has been injured because of a medication error, discuss your legal options with the Trial Lawyers for Justice team. Call 866-854-5529 today to schedule a free consultation.

Victims may be entitled to compensation for their medical expenses, pain and suffering, lost wages, and future lost wages. To discuss your legal options, place a call to the Trial Lawyers for Justice today.

Proving Liability

Property owners are responsible for maintaining safe conditions on their property so guests do not injure themselves. However, that does not mean that a property owner will automatically be held liable in a slip and fall case. To prove liability, you must be able to show one of the following:

• The property owner or one of his employees caused the unsafe condition. For example, if the property owner spilled a drink and left a puddle on the floor, he may be held liable if you slip on this puddle and hurt yourself.
• The property owner or his employees knew about the hazardous condition but did not take action to fix it. For example, if a property owner watches as a customer spills a liquid on the floor, but does nothing to clean up the puddle or put “wet floor” signs around it, he may be held liable if you slip on the liquid.
• The property owner or his employees should have known about the hazardous condition because a reasonable property owner would have already been aware of it and taken steps to fix it. This can be difficult to prove, but it often comes down to common sense. If it’s reasonable to believe the property owner should have known about the condition, he may be held liable.

Common Slip and Fall Injuries

Slip and fall injuries can range from minor cuts and bruises to major spinal cord or brain damage. Some of the most common slip and fall injuries include:

Spinal Cord and Back Injuries
A fall can easily lead to a slipped disc, strained lower back muscles, or a complete or partial spinal cord injury. Recovery from any of these injuries can be long and painful, and often require surgery, rehabilitation, and physical therapy.

Traumatic Brain Injuries
If your head makes contact with the ground or any other hard object as you fall, you may suffer from a traumatic brain injury. Depending on the force of the impact, the injury can range from a mild concussion to a severe traumatic brain injury with a great deal of brain damage.

Hip Fractures
According to the CDC, about 95% of hip fractures are caused by falls. If you fracture your hip in a slip and fall, you will most likely need surgery and physical therapy in order to get back on your feet.

Sprains or Broken Bones
The sudden, unexpected movements that occur during a slip and fall can lead to sprains, strains, and broken bones throughout the body. Broken bones usually occur upon impact of your body hitting the floor. Although these are much less serious than other injuries, they can still cause a fair amount of pain.

If You Have Been Injured

Don’t hesitate to seek legal representation from a personal injury attorney if you have been injured in a slip and fall contact the team of attorneys at the Trial Lawyers for Justice for legal advice regarding your case. Call 866-854-5529 today to schedule a free consultation.

Uninsured motorist coverage will protect you in the event of an crash with an uninsured driver. Without this coverage, you may be forced to file a lawsuit against the at-fault party to recover compensation for any injuries or damages he caused in the crash. However, drivers who do not have car insurance rarely have any cash to pay you to settle the lawsuit. That’s why it’s always recommended that you add uninsured motorist coverage to your insurance policy even if the state you live in does not require you to do so.

Have you or a loved one been in a crash with an uninsured motorist? To discuss the limitations of your current insurance policy and your legal options, contact the Trial Lawyers for Justice right away.

Filing An Uninsured Motorist Claim

If you have uninsured motorist coverage on your insurance policy, you will need to file a claim with your company as soon as possible following the crash. Most insurance companies have strict deadlines for uninsured motorist claims, so file right away so you don’t miss the deadline.

The process for filing an uninsured motorist claim is similar to a normal car crash insurance claim, with one exception: you are filing the claim against your own insurance company instead of against the at-fault driver’s company. You will still need to provide the necessary documentation, including a police report, statements from witnesses, medical records, and proof of expenses you have incurred as a result of the crash. If you and your insurance company cannot agree on a settlement, you cannot file a lawsuit against the company even though you would be able to so in a normal car crash claim. Instead, you will be forced to go to arbitration, where a neutral third party arbitrator will review the case and decide which side wins.

If you have been injured in a crash with an uninsured motorist, do not accept a settlement from your insurance company prior to speaking with an attorney. An insurance company may attempt to get you to agree to a very low offer in order to quickly resolve the case. But, it’s imperative you make sure the settlement you accept will cover all of your expenses related to the vehicle crash. An attorney can help you calculate the cost of medical expenses, lost wages, and property damage that occurred as a result of the crash.

If You’ve Been Injured By An Uninsured Motorist…

Recovering compensation after a crash involving an uninsured motorist can be difficult. If you have been injured by an uninsured motorist, speak to an experienced personal injury attorney at the Trial Lawyers for Justice as soon as possible following the crash. Call 866-854-5529 to schedule a free consultation today.

Every traffic crash can cause serious injuries, but if you collide with a semi-truck, tractor trailer, or any other large commercial truck, the result could be tragic.

Common Causes of Truck Crashes

There are a number of different factors that could lead to a truck crashes, including:

Fatigue
The federal government regulates the trucking industry to ensure drivers are not forced to stay on the roads for prolonged periods of time. However, even the most experienced truck driver can suffer from fatigue behind the wheel and cause an crash as a result of his inability to stay awake or react quickly.

Intoxication
Commercial drivers are held to higher standards than other drivers when it comes to driving under the influence of alcohol. Most states require commercial drivers to be under a 0.04% BAC level, which is much lower than the 0.08% required of other drivers. Despite these restrictions, some truck drivers still choose to operate their vehicles while under the influence of alcohol.

Improper Training
Trucks are much harder to operate than basic motor vehicles. If a truck driver has not been properly trained, his lack of knowledge could cause serious injuries or fatalities on the road.

Cargo Loading Errors
Cargo must be carefully loaded onto a truck to ensure the weight is distributed evenly. If it’s not, the truck driver could have a hard time controlling the movement of his vehicle, and in some cases, the truck might even tip over because of an unbalanced load. Other injuries could occur if the loading errors cause a piece of cargo to fall off of the truck and hit another vehicle.

Irregular Maintenance
The truck driver is usually not responsible for maintaining the truck, but the company that employs him is responsible for doing so. Trucking companies must ensure the truck is safe to operate prior to the truck driver beginning his trip. This includes checking everything from the condition of the brakes and tires, to the fluid levels under the hood. Every maintenance check performed on the truck must be well documented by the trucking company.

Truck Crash Liability

Determining liability in a truck crash is very different than determining liability in a car crash. In a truck crash, a number of parties could be held liable depending on the cause of the crash. If the cause was irregular maintenance, the trucking company may be held liable if it can be proven they did not perform regular maintenance checks on the truck. A trucking company may also be held liable when the truck driver’s lack of training caused the crash.

Because of the “respondeat superior” liability law, both a driver and a trucking company could be held liable if a driver error caused the crash. “Respondeat superior” means “let the master answer,” and refers to the relationship between an employee and employer. Even if a truck crash caused by a driver is not necessarily the trucking company’s fault, they may still be held partially responsible if the truck driver was an employee of the company.

Manufacturers may be held liable if a defective part of the truck malfunctioned and caused an crash.

To determine liability, you will need the help of an attorney who can investigate the details of your case and figure out exactly what caused the crash.

Compensation For Truck Crash Victims

Truck crash victims often suffer serious injuries that require extensive medical treatment, rehabilitation, and physical therapy. The emotional trauma of being involved in a truck crash could linger for months. If you or a loved one has been injured as a result of a negligent truck driver or trucking company, speak to the attorneys at Trial Lawyers for Justice as soon as possible. Call 866-854-5529 to schedule a free consultation today.

Millions of people travel by train in the United States every year, choosing this mode of transportation because of its affordability and convenience. But, every mode of transportation carries a risk, including trains. Train crashes can lead to serious injuries and in extreme cases, fatalities.

People who have been injured in train crashes should seek legal representation from attorneys with experience dealing with these cases. If the crash was a result of negligence, you may be entitled to compensation for your medical expenses, lost wages, future lost wages, and pain and suffering.

Common Causes of Train Crashes

Several different factors can cause a train crash, including:

Operator Error
The train operator has similar responsibilities to the driver of a motor vehicle—he must be aware of his surroundings so he can react quickly and protect those on board. However, if the train operator makes a bad judgment call or is not paying attention to the tracks ahead, a crash could easily occur. Sometimes, this is a result of fatigue, intoxication, or inexperience.

Track Defects
Train operators assume the tracks will be well maintained to avoid any issues during the trip. However, when someone fails to perform regular maintenance checks on the tracks or there is severe structural damage to the tracks, a crash could occur. In these crashes, the train is often completely derailed, meaning it comes off of the tracks, and serious injuries and fatalities may occur as a result.

Mechanical Failure
Train crashes can also occur when a part of the train malfunctions or fails completely. The operator may lose control of the train because of this failure, and the train may be derailed or unable to slow down in time to avoid a collision.

Collision
It’s possible for a train to collide with a pedestrian, car, or bicyclist who is on the train tracks when they shouldn’t be. In some cases, only the passengers of the vehicle will be harmed, but in other cases, train passengers may also be injured.

Common Train Crash Injuries

Train crash injuries can vary depending on the cause of the crash, however some of the most common injuries are:

Brain Injuries
Victims can very easily suffer brain injuries during a train crash if their head makes contact with the window, floor, or any other hard surface within the train. These injuries can range from a mild concussion to a severe traumatic brain injury. Regardless of how serious you think the injury is, if you hit your head during an crash, it’s imperative to seek medical attention right away.

Whiplash
Whiplash occurs after your head and neck have been forced to jerk forward and backward unexpectedly. This sudden movement causes the soft tissue in the neck to extend too far and can lead to lingering aches and pains in the neck, shoulders, and back.

Broken Bones
Train crash victims may also suffer from broken or fractured bones during a train crash. Areas that are most commonly affected in a train crash include the arms, legs, and collarbone.

Burns
In catastrophic train crashes or in crashes involving electrical issues, victims are at risk of sustaining burns. The severity of the burn will depend on how long the victim is exposed to the heat source, but in extreme cases, the victim may require reconstructive surgery as a result of disfigurement.

Help For Victims of Train Crashes

No one ever expects they will be involved in a train crash, but if it does happen, you should know how to protect yourself. After you seek medical attention for your injuries, contact the Trial Lawyers for Justice attorneys right away. Call 866-854-5529 to schedule a free consultation today.