The Scarsdale Daily Voice

Scarsdale, New York

Wrongful Death: Who are the Legal Claimants?

October 22nd, 2014

Permanent disability is one of the worst consequences of a serious accident or a gross act of negligence; but still worse than this is wrongful death which, according to the website of personal injury attorneys at Williams Kherkher, can cause a traumatic experience that will forever change an affected family’s life. A wrongful death can be caused by a motor vehicle accident, an aviation accident, a construction accident; slip and fall accident; an explosion, a refinery accident, a defective or dangerous product, nursing home negligence or medical malpractice.

A negligent act that leads to an accident usually causes harm or personal injury; the type of injury under which wrongful death is classified. A personal injury is considered a tortious act or civil offense and, under the tort law, the tortfeasor, that is the person liable for the injury, is obligated to compensate the victim for all the damages that he/she will suffer due to the injury, including cost of medical treatment, lost wages and others. In case of wrongful death, though, a representative, who acts on behalf of the victim’s survivors or “real parties in interest, can file a lawsuit (for compensation) called a wrongful death claim.

States usually vary when it comes to the identities of “real parties in interest.” While all states naturally consider the victim’s immediate family, composed of his/her spouse, children and adopted children, there are those that also consider: the parents (for unmarried victims);the victim’s distant family members, which include his/her brothers, sisters and grandparents; those who are directly financially affected due to the cessation of the financial care or support of the victim; and, the deceased victim’s other dependents, such as his/her putative spouse (a person who believes, in all sincerity, that he/she and the deceased were married).

A wrongful death lawsuit is a complex procedure and often, despite the liable person’s willingness to settle with the real parties in interest, the amount of compensation offered is not a just amount.

An Introduction to Cyber Bullying

May 9th, 2013

online bulliesTraditional bullying has been a problem among school age children for generations. Recent advances in technology and the web have created a new threat to our youth that has been dubbed “cyber bullying.”

Cyber bullying occurs most commonly through social media sites such as Facebook, Twitter, and Instagram. Bullies send threats to and spread rumors about their victims through these sites, while often also tormenting them in person during school hours. Because of this amount of access, the cycle of victimization extends far beyond school hours and grounds.

Cyber bullying has led to several suicides over the past few years. There have been multiple instances of young girls killing themselves after being exploited by online bullies, who trick them into privately sending nude photos. The bullies then extort the girls, typically for money or more nude photographs, by threatening to publicly post the images.

Proposed laws in a handful of states aim to make cyber bullying a punishable offense.

What to do after a Dangerous Dog Bite

April 16th, 2013

Dogs play a huge role in family life, but they can still be unpredictable. About half of dog bite incidents happen to the dog owner’s themselves, and according to the CDC, about 4 million Americans are victims of dog bites every year. When a dog has bitten you or someone in your family, then you are entitled to ask for compensation for the injury you or your loved one has received.

Victims of dog bites have every right to get compensation as payment for his or her losses and damages. The compensation asked by the victim and their personal injury attorneys cover a number of harm experienced by the victims. The two main categories of harm in which a victim of a dog bite can get compensation are:

  1. Economic damages – covers the medical bills, lost wages due to the injury, possible medical treatment and surgeries for scars, future psychological expenses, property damages, and many others.
  2. Non-economical damages – psychological damages, pain and suffering caused by the injury, social stigma due to the scars, decreased quality of life because of disability, mental trauma, etc.

The main goal of talking with personal injury attorneys is to help victims get the necessary compensation for the damages and harm caused by the incident. It is their job to fully determine the extent of the damages and sufficiently compute the fair amount of compensation. However, this process can be hard and complicated because a lot of factors should be considered and taken into account, therefore getting the right and experienced personal injury attorneys would be the best option for any victim hoping to receive proper compensation.

We can’t dismiss the importance of having pets in our home, but in order to prevent any harm from getting a dog as a pet, it is essential for future dog owners to be well educated about which dog breeds are best suitable for their family, and that every family member should be briefed on how to act and treat dogs to avoid aggression and future dog bites.

Personal Injuries Happening in Amusement Parks

April 4th, 2013

ritter and associatesAn exceptionally popular destination for families and tourists, especially during the months of summer and spring, amusement parks pack a range of attractions and lots of surprises. From the simple and traditional carnival rides to water-based attractions and thrilling rides, amusement parks can be a wonderful treat which family members and friends can enjoy together.

To make sure that all things go well in an amusement park, however, operators of rides and other sources of amusement need to make sure that all their equipment is working properly and that they follow all the details on safety procedures. There ought to be no room for careless behavior or negligence that could lead to a terrible accident.

Acts of negligence on anyone’s part, which result in a failure in ensuring visitors’ safety or, worse, an accident, can render the park’s management, its employees and, in some cases, manufacturers or designers of the rides and other products, fully accountable for any damages which may occur.

In the event of an accident though, filing a case against the guilty party while the victim is recovering from the injury is just too taxing. With the help of a personal injury lawyer, however, those who have been the victims of an amusement park accident can get the justice they deserve.

Injuries sustained in amusement parks are often the result of mechanical failure, negligence of operators, rides which have been poorly designed or improper behavior by other park visitors. Regardless of the cause, victims of personal injury have the right to file a case and receive compensation from the liable party.

If you, anyone in your family or someone among your friends has been a victim of personal injury due to someone’s negligence in an amusement park, it is important that you call a qualified personal injury lawyer who can explain to you your rights as a victim.

Injuries Due to Heavy Equipment Malfunction

March 25th, 2013

Construction work, while essential to economic development, remains a remarkably dangerous occupation. Despite the safety measure observed and implemented by management, contractors, owners, co-workers, and even the manufacturers of machinery, the job simply exposes workers to more dangers and, oftentimes, more severe injuries, than would otherwise be expected. This is why in some states, besides the protection afforded by workers’ compensation benefits, there are other laws that give extra protection to construction workers.

For injured construction workers, it is important to seek the assistance of a personal injury attorney who will help to make sure that your case meets the requirements need to file for compensation for an injury. Thus, a personal injury attorney’s duties include guiding you on what to do right after the injury, what forms to fill and how to fill them and, most important of all, the timely processing of your claim.

Construction accidents, which are work-related, may qualify for legal action if it can be shown that the injury was caused by another person‘s recklessness or negligence. As a victim of a construction accident, your lawyer will tell you that your rights and interests are protected and supported by the law, thereby allowing you to receive compensation for your economic losses and any injury-related expenses, such as costly medical bills.

One potential cause of injury in the construction industry is crane collapse. A crane is an amazingly powerful machine that is commonly seen in construction sites. It is used to lift heavy objects, making some jobs easier and more quickly accomplished. Unfortunately, if not properly maintained, these machines can put the lives of construction workers in peril.

Failure to maintain any type of machinery or tools on a construction site, or improper manufacturing of these tools, renders whoever caused this type of oversight to occur liable for any damages which may result.

Victims of GranuFlo File Lawsuit

March 22nd, 2013

Personal injury lawyers handling medical malpractice lawsuits understand the plight of patients who are made to suffer additional illnesses as a result of side effects of medications prescribed to them. Besides the unexpected bodily, emotional, and mental anguish caused by these side effects, those who are injured or made ill by a medical product often have to cope with substantial financial consequences, as well.

GranuFlo, a dry acid product used to cleanse the bloodstream of damaging substances during kidney dialysis, is known to cause severe side effects in some patients, including stroke, risk of heart attack or, worst of all, sudden death. When the kidneys no longer function well, compounds that can help eliminate acids and other harmful matter in the bloodstream become highly essential. Though GranuFlo seemed to have done the job of cleansing the kidney, the complications it causes have been found to be excessively dangerous. And worse, despite the continuous increase in health problems this product showed from 2004 – 2011, Fresenius Medical Care, its manufacturer, ignored all these and still continued to aggressively market the product.

In 2010, approximately 941 (from 667 clinics owned and managed by Fresenius) patients suffered unexpected heart attacks during dialysis treatment using GranuFlo. Detailed information regarding the incidents and the risks associated with the use of the product was compiled and distributed by Fresenius, but only to its own clinics, excluding all other dialysis clinics across the US in the list of recipients. Cessation of the use of the product probably started only on March 29, 2012, after the US Food and Drug Administration issued a Class 1 recall, the most serious form of recall the FDA can issue.

It seems that Fresenius chose to ignore the obvious and severe complications GranuFlo is associated with, in spite of ample evidence of these problems. But whether their actions were intentional or not, the fact remains that lives have been severely affected, and Fresenius is legally responsible for the consequences.

If you or anyone you know has suffered or is suffering due to this product from Fresenius Medical Care, which was declared effectively safe, you should know that a GranuFlo lawsuit may be the best means available to help you get the compensation you deserve for your damages. There are GranuFlo lawsuit lawyers who will exercise total dedication in representing you and in fighting for your rights. Do not hesitate; call a lawyer today.

What Airplane Accident Victims Should Know

March 18th, 2013

You may hear other people saying that accidents are inevitable and that they are bound to happen. This may be true, but only if people choose not to care for the safety of others. Thus, if you are ever involved in an accident and sustain an injury, due to another person’s recklessness or carelessness, then, under the law, you are entitled to pursue compensation from the liable party for your financial losses, such as lost salary and injury-related expenses, including medical treatment.

According to http://www.jeffsampsonlaw.com, these injuries don’t just cause bodily harm; they may also result in mental or emotional anguish suffered by the victim. The amount of compensation a victim of personal injury may be entitled to receive will depend on different factors, like the nature of the injury (that is, temporary or permanent), cost of medical treatment, and amount of losses in salary.

There are many different ways through which you can sustain a personal injury; one of these ways, wherein your personal injury attorney can very effectively represent you, is airplane accidents.  Accidents, such as these, can be caused by pilot error, mechanical defect or malfunction, airline liability or negligence, air traffic controller error, and pilot intoxication.

Although airplanes are a fast and convenient means of transportation, they are also potentially extremely dangerous if they are involved in an accident. Due to the severe nature of these types of accidents, serious, permanent injury or even death is often a result.

Regardless of the type of injury an injury victim sustains, one thing holds true – that he or she can (and ought to) receive compensation. For more information on effective training for airplane pilots, click here.

 

Proving a Medical Malpractice Claim

March 6th, 2013

Medical malpractice is the name given to the actions of a doctor who injures a patient as a result of a failure to perform his or her duties with the degree of competence that is expected of professionals in the unforgiving field of medicine. When doctors make mistakes, they can have severe, sometimes life threatening, consequences on their patients. Doctors can actually be held accountable for these injurious mistakes through medical malpractice claims. There is a lot that must go into filing and proving these claims, however.

medical mistakeOne of the first things that must be proven in a medical malpractice suit is that the doctor being accused of mistreating a patient was actually rendering medical services to him or her. If the accused doctor can prove he or she wasn’t the plaintiff’s acting physician, the case will be thrown out. This is the easiest part of any malpractice case.

The most difficult part is proving that the doctor behaved negligently. To do this, most claimants call on the expertise of other medical professionals in hopes of illustrating that their doctor failed to provide the level of care that a typical  doctor would reasonably supply under similar circumstances. If the doctor’s treatment method was reasonable and careful, it will be incredibly difficult to prove malpractice.

However, if it is determined that the doctor was negligent, the next step to proving malpractice is proving that the doctor’s negligence and mistakes directly led to the injury sustained by the patient. This is challenging because the vast majority of people don’t go to the doctor unless something is wrong with them to begin with. It can be difficult to determine the root of an injury, but it is possible.

Medical malpractice lawsuits offer the victims of irresponsible doctors an opportunity to recover compensation for the high costs of the detrimental treatment they received as well as any further treatment they may require as a result.

News On Topiramate and Its Effects

February 22nd, 2013

On March 4, 2011, the US Food and Drug Administration warned the public of the grave complications Topiramate can have when taken during pregnancy. Listed under the brand Topomax, the prescription drug Topiramate effectively reduces the likelihood of epileptic seizures and migraine attacks. FDA studies, however, have shown that it increases risk of injury to a fetus, potentially resulting in birth defects like Hypospadias, a condition in which the urethra, the tube through which urine is drained from the bladder, is found at the underside of the male organ instead of at its tip.

If you have taken Topiramate during your pregnancy and have given birth to a baby with a physical deformity, you should considering contacting an attorney and allow him or her to study your case. If your child’s defect is determined to have been caused by Topiramate, then under the law you are allowed to file a claim against this product’s manufacturer and receive compensation for the damages you and, especially, your child have gone through. Though neither a Topamax lawsuit nor any amount of compensation will ever erase the marks of injury, your child may, at least, be able to have the financial security that is necessary to afford surgical procedures and further medical treatments.

First introduced in the market by Johnson & Johnson in 1996, Topiramate proved to be an effective prescription drug, providing epileptics and those suffering from migraines their needed relief. The drug also seemed to have worked where all other medications failed. It was manufactured in two different forms: pill and powder (allowing it to be mixed in food easily). To reduce seizures and migraine attacks, Topiramate suppressed all seizure or pain-causing signals coming from the nerves. Despite being an effective treatment for its intended conditions, however, the effects of Topiramate can be devastating for families.

Though the FDA never banned the prescription, sale, or use of Topiramate, it advised medical authorities and professionals to observe extreme care when prescribing the drug, especially to pregnant women, suggesting that it may only be recommend to expecting mothers if its benefits undoubtedly outweigh the risks.

 

Filing for Social Security Disability Payments

January 20th, 2013

People who are victims of accidents due to another person’s negligence are eligible for compensation while they are in treatment in and out of the hospital and while they are unable to work. While this can be a great help to people who don’t have enough to pay for hospitalization and treatments, there are certain injuries that can put a person out of work for a very long time, which can eventually deplete their savings and put them and their families in danger.

Many suggest that when a person injured in a work-related accident has become unable to work for more than a year or if the nature of that individual’s work has caused the person to contract a serious illness, he or she may be eligible for Social Security Disability Benefits, such as SSDI. When such a circumstance occurs, it is vital for the victim to file for these financial benefits as soon as possible in order to acquire basic support while they are unable to work.

The complexity of filing for Social Security Disability payments and benefits can cause a lot of people to have their payments delayed, while some are even denied the benefits they deserve. Therefore, it is vital to know how to proceed beforehand in order to have your basic support through Social Security in order to help you get back on your feet again after an accident.

There are certain factors that will be taken into account before you are able to acquire disability benefits after your accident. Talking with personal injury lawyers who have extensive knowledge about these things and how they work can greatly increase your chances of getting the necessary benefits. When you are already suffering from a disability caused by a workplace accident due to another person’s carelessness, troubling yourself with processing all the paperwork for Social Security disability benefits is the last thing you should have to worry about. As such, it would be better to get help from professionals who know how this process works so you can focus on recovering from your injury.