When Injured due to Someone Else’s Negligence, Seek help as soon as possible.

By on 10-19-2015 in Construction Accidents

Due to the statute of limitations, a time constraint put on personal injury cases, a plaintiff, the person filing the lawsuit, needs to file their claim as soon as they are able because the opportunity to receive compensation for their pain and suffering may expire.

The attorneys at Williams Kherkher Law Firm recommend contacting an attorney even if it is only for simple legal advice that does not lead to a lawsuit. They recommend keeping track of:

      All medical expenses resulting from the accident

      All property damage

      Any lost wages due to time off work

      Photos and other evidence of the accident

      Emotional trauma

      Pain and suffering

This is information necessary to building a case against a negligent party in any personal injury case. The Williams Kherkher attorneys have 30 years of experience in fighting for people’s lawsuits and understand that the victim’s priority should be to their health and well-being as well as their family. They also understand that an insurance company’s priority is protecting itself and its related parties, so they fight to recover all lost income a family incurred and more to cover all further pain and suffering that their clients experienced.

 

In short, personal injury lawsuits are about holding parties responsible for their negligent actions. Accidents can result devastating outcomes, both emotionally and financially, so victims should call professionals to help fight for them to get the best outcome in their cases because the fight may be too much for one person alone.

Why Divorce is Not Always the Answer

By on 10-19-2015 in Construction Accidents

When you get married, you think and hope that the relationship lasts forever. But sadly, not everybody has a fairytale ending. Some marriages involve domestic violence, infidelity, and other controversial issues, and many times they end with divorces.

There may be legitimate reasons to get a divorce, but it is important to point out that divorce is not always the answer to your troubled marriage.

It may be an emotional reaction

The decision to file for divorce does not come overnight. Usually, it comes after an infinite number of disagreements and toxicities. If you have made the decision immediately, stop for a moment and consider that maybe it is just an emotional reaction because you are hurt.

It may further develop hard feelings

According to the website of Marshall & Taylor PLLC, divorce may involve a variety of issues, including alimony, child custody and support, and property division. These issues may lead to heated arguments, make the separation process more personal and hurtful not just for the spouses, but also for the children involved.

It may greatly affect the children

Going separate ways also have a negative effect on children. This is particularly true on instances where the involved children are in their development years. Boys are likely to go on rebellious phases and girls on emotional detachment phases.

Children may also think that they are part of the reason why their parents are separating, resulting into emotional and psychological responses such as lack of self-worth.

It may be a serious financial burden

Family courts and divorce lawyers are not free, and their fees may easily skyrocket if the divorce involves disagreements on aspects such as alimony and the other legal concepts stated earlier. The thing is, it is likely that there are disagreements, so it is not hard to believe that your divorce will cost you a lot of money.

It may be worse than you think

You may have fantasies of being alone or being with someone else every time you and your spouse have a disagreement, but once you complete the divorce process, living the single life may not be as fun as you think. Divorced individuals are known to develop emotional and psychological issues, including depression and escapism, such as overeating and overworking.

Safe Driving Practices

By on 10-19-2015 in Construction Accidents

Car accidents can happen because of a variety of reasons, such as driver error and recklessness, mechanical defects, and hazardous road conditions. But the worst car accidents and injuries occur when someone else has caused them.

According to the website of this Des Moines personal injury lawyer, you may be able to benefit from pursuing a personal injury lawsuit against the person responsible for your accident.
But at the end of the day, nobody wants to go to hospitals and courts and miss time at work. The best option is still avoiding car accidents altogether by doing safe driving practices.

Watch your speed
The faster you go, the less reaction time you have on stimulus and unexpected events, such as sharp turns, curves, animals that cross out of nowhere, and weaving vehicles. It is also important to point out that speeding is not just about going over the speed limit. It is also about driving too fast when the weather and road conditions are considered. The most common conditions you should consider are rain, snow, ice, wind, debris, and road defects.

Stay in your lane
Lane dividers exist for a reason. They are there to make sure that there is a considerable distance between you and the other vehicles around you. They are also good ways to judge the positions of other vehicles. Distance and position are very important factors in avoiding collisions.

Avoid tailgating
Again, this is about distance. Make sure that there is enough room between you and the vehicle in front of you, so you have enough time to react in the vehicle’s actions, such as its turning or sudden stopping. Tailgating often results into rear-end collisions.

Use your signals
If tailgating is about distance, then signaling is about position. It should be second nature to you to utilize your signals upon turning, so the others around you will know your future position and adjust accordingly. If you don’t use your signal, you are not letting your future position to be known and you are giving the others around you very limited time to react to your turning maneuvers.

Focus
Drivers, especially those that are experienced, have the tendency to be complacent and intentionally do careless and reckless behaviors, such as distracted driving. Avoid distractions such as mobile phones, food and drinks, and other objects that can put your hands off the wheel and your eyes off the road.

Improper Treatment resulting to Amputation

By on 10-19-2015 in Construction Accidents

In 2012, a certain patient went to see her doctor and complained of a numb leg. She thought that the numbness in her leg was a side effect of the medication that she was then taking (her medicine is known to cause blood-clotting). Her doctor declared that she needed no treatment though he noted the difficulty in finding a pulse in her foot. Eventually, the clot caused the tissues in woman’s leg to die; it did not take very long after she was told that her leg had to be amputated.

Amputation is a type of surgical procedure wherein the whole or a part of a limb, like the arm, hand, finger, leg, foot, or toe is cut. The leading cause of amputation is poor blood circulation, which may be due to the narrowing of the arteries or damage to the arteries (this is called peripheral arterial disease). Due to poor blood circulation, the cells in the affected body part do not get the needed oxygen and the nutrients that these need, resulting to tissue death and possible infection.

Though a limb or a part of a limb is lost, amputation can be a life-saving solution as it can prevent infections or cancers from spreading; it can also prevent foot ulcers from leading to serious infections, such as in the case of a diabetic. However, due to the complications or risks of amputation, besides the inconveniences and disadvantages in the life of a patient, amputating a limb will only be recommended by a doctor if it is really necessary, meaning, it is the correct treatment needed by a patient.

There are times, however, when amputation is performed, not because it is required, but because a mistake has been committed – a mistake committed by a doctor. Mistakes committed by medical professionals are results of improper treatment, a situation wherein a doctor has correctly diagnosed a patient’s health condition and, therefore, knows exactly what this patient’s health problem is; however, for reasons that only he/she knows, he/she provides the patient with a wrong treatment.

Improper treatment may be committed by:

  • Delaying, rushing, or performing an unnecessary or a dangerous treatment;
  • Prescribing a drug to a patient despite such patient’s known allergy to such drug;
  • Giving a patient the wrong dose of a drug;
  • Inadequate monitoring of a patient; and,
  • Failing to take the necessary measures that will prevent a disease.

Karlin, Fleisher & Falkenberg explain why a correct diagnosis if far more important than the prompt diagnosis of a medical condition. Sad to say, however, but there are serious health conditions that get misdiagnosed, with patients ending up undergoing treatments that they do not actually need. Apart from the significant consequences a patient may suffer from not having his/her medical condition treated, it is also possible that the wrong treatment itself could be dangerous to the patient.

What Damages Can You Get From A Personal Injury Claim?

By on 10-19-2015 in Construction Accidents

Incurring a personal injury can have a wide range of consequences. Whether a car accident or a workplace injury, it can result to huge losses on your part. Not only will you be able to work but also not support your family. For this reason, you may seek compensation for the losses you have incurred. In legal parlance, this is called “damages.”

Basically, there are two types of damages that you can claim in a personal injury case. The first type is compensatory damages. From the name itself, this is a monetary claim designed to pay for loss compensation as a result of accident or injury. It is designed to make the plaintiff “whole” again at least from a financial standpoint. Compensatory damages refer to expenses that are easily quantifiable such as property damage or medical expenses. They fall into two categories namely special damages, which pays for monetary losses, and general damages, which pays for non-monetary losses.

Monetarty losses in compensatory damages may include medical expenses, costs of living with disability, lost wages, repair or replacement, or funeral expenses. Non-monetary losses are difficult to quantify. You cannot put a monetary value on pain or suffering or loss of consortium.

The second type of damage that you can claim in a personal injury case is punitive. They are not designed to compensate the plaintiff but to punish the defendant for causing the injury and as a deterrent for others to get involved in a similar accident. They are usually not awarded in a personal injury case but can be considered when compensatory damage has been awarded.

Punitive damages are only awarded to the plaintiff as a result of the despicable or reprehensible behavior of the defendant. Unlike compensatory damages, punitive damages will not usually top the million dollar bracket so most states put a limit on how much punitive damage they will award the plaintiff. In most cases, this is limited to less than ten times the amount of the compensatory damage.

How damages will be awarded to the plaintiff can also be affected by their role in the accident. Most states are governed by “comparative negligence” when awarding damages. According to the website of the Law Offices of Yvonne M. Fraser, if you are partially at fault for the accident, it could greatly have an impact on the amount of damage you will get. In addition, in some states the concept of “contributory negligence” is adopted. This means that if you were deemed partially at fault for the accident, you might not be entitled to receive damages for it.

Finally, most state laws require the plaintiff to take reasonable steps in mitigating the monetary impact of their injury. Sitting back and resting on their laurels will not help the plaintiff get the damage that they desire.