Archive for February, 2009

No Need to be on a Road to Have a “Car Accident”

Wednesday, February 11th, 2009

Fatal car and truck accidents that backup the interstate tend to appear on the news more often than we would like to see them; however, a recent study shows that car-related injuries are more likely to occur when the car is parked or to someone who is not in the car at all.

The most common car-related personal injury accidents occur not from crashes on the road but from the simple act of closing the car door. In fact, the National Highway Traffic Safety Administration (NHTSA) estimates almost 150,000 incidents of injuries from closing a car door each year.

The use of a car jack or other lifting mechanism causes approximately 10,000 serious injuries each year. Some of these jack-related accidents are due to a product defect; however, many of these injuries occur from improper use of the lifting mechanism.

Other car-related injuries occur from hyperthermia, electrocution, and other non-crash incidents (over 740,000 injuries). As in the case of jack-related injuries, injuries from electrocution can occur from either malfunctioning equipment or improper use of the vehicle or its components.

Falling vehicles and car parts cause another 74,000 accidents each year.

The NHTSA also looked at what its terms “non-traffic crashes.” These accidents are characterized as back-over crashes and single-vehicle crashes that did not occur on a national highway. Almost 100,000 non-traffic crashes occur, involving accidents on private roads, fender benders and more serious two-car accidents in parking lots and structures, and the striking of pedestrians in driveways.

About a third of non-traffic crash injuries occurred to pedestrians and cyclists, with 14 percent of the injuries resulting from a driver accidentally backing over someone.

If you suffered a car-related injury, whether from a typical car accident or trucking accident, from the negligence of another, or from a product defect, you may be able to recover damages. Contact skilled personal injury lawyers in Scranton, Pennsylvania to learn more about your legal options.

What is personal injury law?

Wednesday, February 11th, 2009

Personal injury law is a law that covers your mind, body and, emotions in case of an accident. An example of this would be if you slip on water in the grocery store and break your arm. This law not only covers your broken arm, it covers the humiliation you felt from such a horrific fall in front of other people.

When such an accident occurs it can be extremely difficult to set a dollar amount on the accident as there are many factors to be considered. Some of the factors that play a role on the settlement in a personal injury case are doctor bills, lost time from work, ongoing medical costs, and pain and suffering.

Once an accident like this has occurred, it is important to find the right attorney for your claim. You may want to hire him, or perhaps just seek his or her advice in the matter. When looking for an attorney it is very important that you find one that has experience in personal injury and also one that has been successful in negotiating cases as well as winning the case. Find one you feel comfortable with, and one that you can share your case goals with long before it goes to court. This could make the difference in winning a substantial settlement and just settling for basic costs associated with your accident.

A standard fee for accidents such as a car accident is one third of the settlement. Be sure to receive a written contract from the attorney you chose up front. Fees can vary and they should be discussed ahead of time so there are no surprises once your case is settled. Fees can often be negotiated so be sure to ask for the best fee possible for you. In this case, it is ok to ask for a better fee, one that will allow the attorney to make money but also allow you to pay your bills and receive money for your pain and suffering.

For more information on wrongful death lawsuits, medical malpractice lawsuits, and product liability lawsuits, we encourage you to speak to our personal injury attorneys in Scranton, Pennsylvania.

Medical Malpractice Lawsuits – Frequently Asked Questions (FAQ)

Wednesday, February 11th, 2009

Medical malpractice lawsuits can be particularly complex, which is why you need a skilled attorney to assist you while you recover. Below are some of the most frequently asked questions about medical malpractice.

What are some common medical malpractice injuries?

Some of the most common medical malpractice injuries include misdiagnosis, improper treatment, delay of treatment, prescription errors, failure to perform, failure to treat, and surgical errors.

Is there a way I can prevent medical malpractice?

There really isn’t a way to prevent medical malpractice, but there are steps you can take to help yourself. For example, if your doctor tells you that you’re fine, but your body is telling you that you’re not, listen to your body and make another appointment.

Spend some time on the Internet educating yourself about your symptoms and write down questions to ask your doctor.

Have your doctor write everything down for you, and if your doctor refuses to refer you to a specialist, have them put in writing why they are denying you this referral.

Is there a timeframe to file a medical malpractice claim?

Every state has a specified amount of time you have to file a medical malpractice claim. This is called a statute of limitation. The statute of limitations in your state will tell you how much time you have to file a claim for medical malpractice.

If you don’t know what the statute of limitations is for your state on a medical malpractice claim, you should contact a medical malpractice attorney. This attorney can explain the statute of limitations to you, and the different factors involved such as age of the victim, the type of injury, etc.

What is the first thing I should do if I feel I’ve been a victim of medical malpractice?

The first thing you should do is contact a qualified medical malpractice attorney in your state. If you don’t know a medical malpractice attorney, you can contact your state’s Bar Association and they can give you several names of attorneys who specialize in medical malpractice in your area. Interview at least two or three medical malpractice attorneys before making your decision. It’s important that you are comfortable with your attorney and feel that they will represent your interests.

I signed a Consent Form. Can I still file a medical malpractice claim?

In short, yes. Just because you signed a consent form does not mean that the health care provider can commit malpractice. A consent form just states that you know the risks involved and the possible complications that can occur for a particular treatment. It does not relieve the health care provider of their obligation to perform the procedure or treatment with a high standard of care, nor does it relieve them of their duty to you.

To learn more about your case or for information on wrongful death lawsuits, nursing home negligence lawsuits, and truck accident lawsuits, we suggest you speak to our Pennsylvania personal injury attorneys.


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