The Element of Negligence

Most serious personal injury cases involve the element of negligence. This means plaintiffs will typically have to prove the defendants acted negligently and the plaintiff was injured as a result. But, what exactly is negligence? To put it simply, people are required to act in a way that does not put others in danger. If someone does not fulfill this obligation and his or her reckless behavior causes you harm, you may be able to take legal action against him or her.

For example, drivers on the road are supposed to follow all traffic laws and act in a way that does not put other drivers at risk. If someone drives drunk, he is putting other people in danger and is therefore acting negligently, which means he can be held liable in the event he collides with another vehicle and injures someone. If a dog’s owner lets the dog roam free in the neighborhood without supervision and the dog attacks someone, the owner can be held liable for negligently letting the dog loose.

It can sometimes be difficult to prove negligence, but a personal injury attorney will be able to help. Our attorneys can closely analyze your case to identify who should be held liable, and then fight tirelessly on your behalf to recover compensation for your injuries.

Serious Injury Cases

Before you hire an attorney, you should ensure he or she has experience representing victims in cases similar to yours. Our attorneys have handled a variety of personal injury cases.

Types of Compensation

The goal of filing a personal injury lawsuit is to recover compensation for your injuries. Compensation is never a guarantee, but some of the types you may be eligible to receive include:

• Economic damages is the term used to describe compensation awarded to victims who have incurred expenses as a result of their injuries. Examples of economic damages include compensation for current and future medical expenses, lost wages, and property damage. In wrongful death cases, survivors may also be awarded economic damages to cover funeral expenses, loss of benefits, and loss of the deceased’s expected earnings.
• Non-economic damages refer to money that is awarded to victims as compensation for non-monetary losses. Examples of non-economic damages include pain and suffering, loss of enjoyment of life, and loss of consortium.
• Punitive damages are only awarded in cases where the court believes the defendant acted with extreme negligence or malice. These damages are not awarded to compensate any loss that the victim has suffered, but rather to punish the defendant and deter others from acting in a similar manner.

Legal Help For Victims

If you or a loved one has been injured because of someone else’s negligence, speak to the experienced personal injury attorneys at the Trial Lawyers for Justice. Call 866-854-5529 to schedule a free consultation to learn more about your legal options.

There are four different types of cerebral palsy, including:

• Spastic: This is the most common type of cerebral palsy. It is caused by damage to the motor cortex area of the brain, and affects the child’s movement. If your child has spastic cerebral palsy, his movements may be very stiff and rigid.
• Athetoid: Damage to the basal ganglia results in athetoid cerebral palsy, which affects a child’s coordination skills.
• Ataxic: Ataxic cerebral palsy is caused by damage to the cerebellum, and will also result in impaired balance and coordination skills.
• Mixed: If a child has suffered damage to multiple parts of the brain, or if his movements, balance, and coordination are all affected, he may be diagnosed with mixed cerebral palsy.

Although cerebral palsy can be caused by a number of factors, it is often the result of a mistake during labor and delivery.

Cerebral Palsy Caused by Birth Injuries

Cerebral palsy can be caused before or after a child’s birth, but unfortunately, this disorder is often a result of a medical professional’s careless mistake during the delivery. This disorder can occur if a baby is deprived of oxygen for a long period of time during delivery, or if the doctor forcefully removes the baby. It is also common for cerebral palsy to occur when the labor lasts more than 18 hours, which is more likely to occur in multiple births.

If you believe your baby has cerebral palsy because of a doctor’s negligence, you will need an attorney to help you gather evidence and present a strong case against the at-fault medical professional. Birth injury cases can be complex and very difficult to prove—that is, if you don’t have the help of an experienced lawyer.

Treatment for Cerebral Palsy

Unfortunately for birth injury victims, there is no treatment to cure cerebral palsy. This is a lifelong disorder that the victim will always have to live with, however, there are ways to help the victim improve his quality of life.

A team of speech therapists, occupational therapists, physical therapists, and pediatricians may be needed to help manage your child’s symptoms. These therapists can help your child’s speech, coordination, and emotional development. The goal of treatment is to improve your child’s motor skills and coordination and ensure he is as self-sufficient as possible.

Medication and surgery may also be needed to correct issues with your child’s muscles. For example, kids with extreme muscle pain may be give medication to treat this issue. Other children who develop scoliosis as a result of cerebral palsy may need to have this surgically repaired. Doctors may recommend that your child wear a brace to help him get around if his movements are affected by the disorder.

Because treatment involves the work of so many specialists, medical bills can quickly pile up. If the cerebral palsy was caused by a medical professional’s mistake during labor and delivery, you may be able to recover damages to help you pay these expenses and more.

Help for Birth Injury Victims

A cerebral palsy diagnosis will drastically change the rest of your child’s life. If your child was diagnosed with cerebral palsy as a result of a birth injury, you could be entitled to compensation for medical expenses, pain and suffering, and more. Speak to the team of attorneys at Trial Lawyers for Justice to learn more about your legal options.

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.