Home » Archive by category "Personal Injury"

Category Archives: Personal Injury

teen_bullyingA high school female student, a victim of bullying in her school, decided to end being a victim of her classmate bullies by ending her own life.

Aileen, a 17-year-old 2016 semifinalist for the New York Times College Scholarship program and who also happens to have a twin sister studying in the same school, left the school campus during lunchtime one Thursday and stepped into the path of a subway train in the City of New York.

The tragic incident prompted to a number of students to approach the school’s grief counselor before who they expressed remorse for their harsh treatment of Aileen. They confessed to calling her awkward, ugly or stupid.

Bullying, which remains to be a major problem, especially in many city public high-schools, affects at least one in every five students. Bullying can take place anywhere, in or out of school, and its form can be verbal or physical. Physical bullying, specifically, may be directed against a peer, or against a person older or younger than the bully; it may also be directed towards a victim’s property, which the bully may use either to intimidate, or inflict harm on, the victim. Verbal bullying, on the other hand, can include making obscene remarks towards the victim, name-calling, spreading rumors about the victim, teasing or threatening.

About 45 States have bullying laws, with New York passing its own legislation very recently. However, despite these laws, many school authorities reveal that bullying still persists, one major reason is because the bullied never seek help, trying to deal with his or her pain and sufferings alone. Sadly, though, the only solution a bullied often sees in ending his or her pains is through suicide.

Nobody ever plans to be in an accident. Nobody wants it and nobody in their right mind would ever ask for it to happen to them. It is hurtful and stressful, especially in the aftermath of the thing, and can sometimes affect you for the rest of your life.

Some accidents, for example, can leave you with a permanent disability that could mean you might never walk again. In other cases, the survivor is left to deal with Post-traumatic Stress Disorder (PTSD), which can be just as debilitating as it involves flashbacks, social anxiety, panic attacks, clinical depression, and so on…

So what can you do if you’ve been injured in an accident? And, more importantly, what are you owed?

If you were wrongfully injured due to an accident, it is important to remember that there is more than the shallow waters to wade through. An initial settlement in the form of a seemingly substantial lump sum may be offered by the wrongful party’s insurance companies, if the injured party does not have legal representation. Though the sum may seem like a temptingly quick solution to a terrible situation, there are more factors to consider.

There are variables that must be calculated—variables that you may not have initially thought about as you would be, after all, in a state of duress following an accident. Emotionally charged people are not exactly in their best, most objective state of minds to be making important decisions. Help from experienced and knowledgeable people, such as experienced legal help, are the best friends that one could have after an accident for they not only know the best way to recover from such a situation, but they are also the ones who can represent the case well enough and wholly enough, in such a way that you can be given the justice that you so rightly deserve.

Samuel Harrell, a 30-year-old black inmate at the Fishkill Correctional Facility in Beacon New York, died last April 21 after more than a dozen witnesses saw him being handcuffed and severely beaten by a group of about 20 corrections officers. Now, the office of the United States attorney in Manhattan is working with the Dutchess County district attorney’s office on the brutal circumstances surrounding his death.

man_in_prison

According to a report by the New York Times, a total of 19 other prisoners witnessed the attack on Harrell unfold. Based on their accounts, Harrell had gotten into a confrontation with several corrections officers after “packed his bags and announced he was going home, though he still had several years left to serve on his drug sentence.” Eyewitness reports note that the confrontation quickly became violent, escalating to Harrell—who is known to have a history of erratic behavior commonly linked to bipolar disorder—being “repeatedly kicked and punched”.

The New York Times reports eyewitness accounts, saying that the victim had endured racial slurs as he was being assaulted by his attackers. Harrell was then thrown “thrown or dragged down a staircase”. According to one of the inmates, Harrell ended up on the landing, “bent in an impossible position”. Witnesses also point out that many of the officers that had attacked Harrell were members of a group known around the facility as the ‘Beat Up Squad’.

While corrections officer called for emergency assistance, Harrell’s medical records show that the ambulance crew were told that he had suffered from an overdose of a synthetic marijuana substance. Still, as the New York Times was able to uncover, an autopsy report from the Orange County medical examiner found that Harrell had died of cardiac arrhythmia and had suffered several cuts and bruises to his head and extremities. The autopsy had only traces of tobacco and antidepressant in Harrell’s system and ruled the manner of his death as homicide.

It was these accounts that led U.S. attorney for the Southern District Preet Bharara to begin “coordinating and working” with the district attorney of Dutchess County in investigating Harrell’s death. Similarly, Dutchess County’s William V. Grady was originally quoted by the New York Times saying that “[the] very nature of this case calls for a full, fair and objective investigation into not only potential criminal law violations, but constitutional violations as well”.

The Huffington Posts reports that Harrell’s death has launched protests in upstate New York as part of the growing Black Lives Matter movement all over America. The movement calls attention to the overwhelming number of police brutality cases against African American individuals. It began after the 2013 acquittal of George Zimmerman for the shooting of 17-year-old Trayvon Martin. It then gained significant traction after the high-profile deaths of Michael Brown and Eric Garner in 2014.

Your spine is composed of individual bones, called vertebra, each stacked up on each other. Between these vertebrae are rubbery disks that serve as a cushion for each compartment. Each disk is composed of a soft, gelatinous center surrounded by a tough exterior called annulus. When the annulus ruptures or breaks, the gelatinous center may ‘slip’ and protrude and push nearby nerves, causing extreme pain. This condition is called slipped disk, or herniated disk.

Slipped disk can be a result of a host of different factors. Too much weight, for instance, can put much strain in your lower back, making you more prone to this condition. A family history of slipped disk and a workplace with poor ergonomics may also increase your risk. According to the website of a Tennessee personal injury lawyer, herniated disk can also be a result of traumatic incidents.

Pain is the primary symptom of a slipped disk. But apart from that, a person suffering from this condition may also experience numbness and tingling. Muscles being served by the nerves compressed by a slipped disk may also weaken due to lack of nerve energy.

To diagnose slipped disk, your doctor will perform physical examination to check for any slipped disk symptoms. Nerve tests may also be conducted to see if any of your nerves near the spinal column are being compressed, which may indicate slipped disk. Imaging tests such as X-rays, magnetic resonance imaging (MRI) and computerized tomography (CT) scan may also help detect slipped disk.

Therapy and medication relieves the symptoms of herniated disk to most people. But in cases when a herniated disk can cause permanent paralysis, or when its symptoms still persist even after treatment, surgery might be required.

Several rulings with significant impact have recently been made with regard to how maritime injury lawsuits are handled in court. One of these deals with the question of punitive damages, and when they may be awarded in maritime injury lawsuits.

Punitive damages are not always awarded in standard personal injury cases because they are not meant to compensate the victim; rather, they are designed to punish the defendant, hence “punitive.” It is appropriate in some cases but not in others, depending on the nature of the defendant’s behavior that led to the civil action in the first place. In most cases, punitive damages are levied against defendants that willfully and recklessly acted without regard for others i.e. speeding through a busy intersection.

A seaman who has sustained a work-related injury due to the negligence of the employer is entitled to sue for the usual economic and non-economic damages typical in standard personal injury cases, but it was only recently that the Supreme Court deemed that punitive damages may also be appropriate in some maritime injury cases, specifically claims for the willful nonpayment or inadequate provision of maintenance and cure benefits. Maritime employers are required by law to pay maintenance and cure benefits to employees who acquire work-related injury or illness regardless of fault. Failure to do so according to the law renders them liable for a maintenance and cure lawsuit, which may include punitive damages.

However, the issue is less clear cut for cases involving a claim of negligence or unseaworthiness. Different judges have interpreted the law in inconsistent ways therefore making conflicting decisions regarding punitive damages. As pointed out on the website of maritime law firm Ritter & Associates, no two cases are exactly the same, and this is definitely applicable when it comes to awarding punitive damages in maritime injury cases.

If you have incurred a serious work-related injury or illness, make sure that you consult with an experienced maritime lawyer. You will have a better chance of getting what is rightfully yours.

Yaz has been approved by the Food and Drug Administration as an effective birth-control pill, as well as a treatment for moderate acne and even PMDD (Premenstrual Dysphoric Disorder). Being hailed as the “miracle drug” Yaz was the top choice for birth-control pills on the 2008 as well as the succeeding year, since it was also marketed for women suffering from moods swings, acne and severe PMS. However, latest research and studies has shown that taking Yaz have increased women’s risks of developing blood clots and other health complications.

Blood clots can cause serious health problems if they are left untreated, and they can strike without your knowledge. Knowing what to look for when protecting yourself from blood clots and blood clot complications is vital in order to prevent further health risks, especially if you are taking Yaz pills. Here are some symptoms of blood clots that can alert you:

  1. Severe headaches that seem abrupt or unexpected
  2. Lower leg or back pain
  3. Coughing blood, or having piercing or crushing chest pain
  4. Significant swelling or pain in either arms or legs
  5. Vision issues such as blurred vision or complete loss of vision

There are three ways that blood clots can fatally affect a person’s health: through the arteries to affect the brain, go straight to the heart to cause heart attacks, or go to the lungs to stop your breathing. Because of the significant danger that Yaz and blood clots can cause their patients, a lot of women have look into finding a reliable Yaz lawyer to help file a case against the manufacturer of the drug (Bayer) and help them get the necessary compensation.

Although a bestselling birth-control drug, Yaz has also been on the news not only for the risks of blood clots, they have also been suspected of other complications such as gall bladder injuries and liver problems. Women who have already been affected with by these severe side effects have already filed defective pharmaceutical lawsuits hoping that other women will see the dangers of the drug and prevent further victims.

When you feel your heart miss a beat, it may not be because you have found your soul mate. It may mean you have atrial fibrillation. Atrial fibirillation or A-fib is the most common of the arrhythmias or heart rhythm disorders. In general, you could go through your whole life with A-fib with no ill-effects, but in some severe cases it increases the risk of stroke. There are many ways to manage the consequences of A-fib, and one of them is through the drug Pradaxa (dabigatran etexilate mesylate).

Pradaxa is an oral anti-coagulant which is designed to prevent strokes in people with nonvalvular A-fib. It is essentially a blood thinner, so it does not act on the heart itself, but on ensuring that any clotting resulting from the arrhythmia does not escalate into a stroke. Pradaxa replaced warfarin as the anti-coagulant of choice.

The biggest problem with Pradaxa, which is the reason why manufacturer Boehringer Ingelheim is now a defendant in a multi-district litigation (MDL) action in Illinois, is that it may be thinning the blood too much that it induces internal bleeding for which there is as yet no solution. An article on the website of New York-based product liability law firm Hach & Rose, LLP, there was not enough research done on the risks associated with Pradaxa and that the lack of an antidote to the bleeding was a serious breach of the duty of care the drug company owed its clients. The administration of Vitamin K, traditionally a counteracting agent to anti-coagulants, does not work with Pradaxa.

Pradaxa was approved for human use by the Food and Drug Administration in the last quarter of 2010 and to date, 542 deaths have been associated with it. More than 1,000 plaintiffs are represented in a pending class action suit (MDL No. 2385) in the Southern District of Illinois.

If you or a family member has been prescribed with Pradaxa and suffered from internal bleeding, you may be eligible to bring a case against Boehringer Ingelheim. Contact a product liability lawyer in your area with experience in handling Pradaxa lawsuits to have your case assessed.

Construction accidents involving falling objects can lead to serious injury, especially if it falls from great heights. The hazards posed by falling objects are not limited to people working on the site; it could also affect people in adjoining and adjacent areas who may merely be passing by or who have business in the area. In one case in New York, a man sitting inside his condominium was killed when a crane crashed into his building and landed in his living room. This is why it is important that construction site managers and owners take safety precautions to protect people from being injured by falling hazards such as placing safety nets, posting warning signs and training workers on safety protocols.

Falling hazards could be as small as a screwdriver or as big as a whole crane. According to the website of law firm Hach & Rose, LLP, failing to take even the most basic safety measures is negligence. Construction companies are mandated by law to implement policies that would ensure the site is as safe as possible for workers and any other people who may be in the area.

Workers need to be instructed to secure all tools and materials, especially when working at height, since a screwdriver plummeting down from 20 stories up can seriously injure or even kill a person at ground level. Operators of cranes and other lifting machinery need to make sure that the loads they are carrying are secure and stable. Supervisors need to ensure that equipment such as cranes and scaffolding are in good working order and safe to use, especially in areas where there are other people around who may not be aware of the potential falling hazards looming above them.

Those who are victims of falling hazards-related construction accidents may have legal recourse to get compensation for their injuries and attendant costs. It is important to engage an attorney experienced in dealing with falling hazards injury cases in construction accidents.

Working at heights is common in construction, and there is a good chance of being involved in construction accidents even under the best of conditions. In most cases, some type of scaffolding is used to accomplish the necessary tasks, and that fact that it is a temporary structure that requires assembly and disassembly increases the chances of construction accidents.

Scaffolding has been used since ancient times to work at heights, and modern technology has made it cheaper, safer and easier to use. However, just like with any other construction equipment, it needs to be maintained and used properly so that it will not cause construction accidents. The Occupational Safety and Health Administration (OSHA) has issued several regulations regarding the types, sizes and conditions of materials used in scaffolding to ensure that it exceeds the load-bearing requirements of its use as well as the proper assembly and disassembly to maximize the stability of these essential structures.

Not surprisingly, many of the construction accidents involving scaffolding are due to its defective condition, incorrect assembly or disassembly, or improper use. These are all indications of the lack of supervision onsite as well as the lack of training of workers in the use of scaffolding in general. An article from the website of Hach & Rose, LLP, experienced New York construction accident lawyers, it is crucial that scaffolding must be carefully assembled because workers literally place their lives on the line every time they climb up on one. The failure of construction management to provide these necessary aspects of scaffolding use may be construed as a breach in the duty of care that employers or contractors owe their workers, and may be actionable.

Scaffolding-related construction accidents include slips and falls, collapse, falling objects, and electrocution. Injuries sustained in this type of construction accidents may be serious, or even fatal. Construction workers who are injured or killed because of the negligence of their employers deserve to get adequate compensation for the physical, mental, emotional and financial damage that result. A construction accident lawyer with the right kind of expertise should be retained to handle any case that may be filed against a negligent employer in construction.

A comparison of the number of construction accidents in New York for 2011 and 2012 show a sharp rise by 31%. This is attributed to the growing tendency of construction companies to ignore safety regulations because they have no motivation to improve working conditions. The concerned government agencies have yet to impose sanctions that would effectively discourage unsafe practices.

Construction accidents tend to result in serious injuries if not death. As an occupation, construction workers buy into a certain amount of risk because they often work with heavy equipment, power tools and inherently unsafe environments such as unfinished buildings, demolition sites, and working at heights. However, there is no excuse to exacerbate these risks by ignoring basic safety rules such as ensuring equipment are properly maintained, providing safety gear, and seeing to it that the site is not in danger of collapse.

According to the website of Hach & Rose, LLP, the most common construction accidents include:

  • Falling materials and equipment
  • Unsafe work sites
  • Defective scaffolding
  • Heavy construction vehicle accidents
  • Crane collapse

Many of these construction accidents are preventable with a minimum of safety precautions. Recent construction accidents in New York resulted from ignoring basic safety rules, such as preventing workers from going to a site which is clearly in danger of collapsing, or inspecting cranes to see that cables are not frayed or otherwise unsafe to operate.

Victims of construction accidents that occurred because of negligence may have legal recourse to help them recover from the hardship caused by serious injuries or the loss sustained by the family of a worker who dies unexpectedly. It is important to get competent legal representation in New York with the experience and knowledge to bring off a personal injury or wrongful death claim for construction accidents successfully. It can mean the difference between getting the compensation deserved and being left holding the bag.