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Slip and Fall Accident: It is not always the Victim’s Fault

Posted by on 11:42 am in Personal Injury | 0 comments

Slips, falls and trips are very common accidents in the US. But though these accidents can happen anywhere and to anyone, the ones most prone to these are older adults and seniors – people aged at least 55 years old.

Injury facts records from the National Safety Council (NSC) reveal that more than 8 million slip and fall accidents occur in the US every year. Some of the most common causes of these accidents include: wet, oily, or icy floors and surfaces; unreliable staircases; uneven, loose and broken floors, sidewalks, steps, and stairs; unsecured carpets and rugs; and, hidden or tangled extension cords.

When a person slips and falls, everyone else, sometimes even the victim, would think that there is on one else to blame for the accident except himself/herself. In the eyes of the law, however, blame may actually be on the owner of the property where the accident happened, instead of on the victim. This law is called premises liability.

Legally speaking, premises liability refers to a landowner’s answerability for certain types of injuries suffered by anyone on his/her property where an unsafe condition exists. Besides injuries due to slips, trips or falls, premises liability also includes in its scope any type of injury that may result due to falling objects, electrocution, open excavations, broken benches or chairs, and so forth.

Property owners, especially owners of public places, like malls, supermarkets, restaurants, food courts, playgrounds, swimming pool areas, hospitals, government offices, churches, etc., have the responsibility of keeping their premises free from risks of accident at all times, lest they face legal complaints or a premises liability lawsuit from someone who gets injured while inside their premise. For the legal right to seek compensation from the property owner, however, it may be necessary for the victim to prove that the property owner was negligent in making sure that his/her property is kept from risks of accidents.

According to the website of the Abel Law Firm, proving a landowner’s negligence is not always easy. Also, the premises liability law is complex, and each victim’s case is affected by a variety of factors.

What you need to know about spinal cord injury

Posted by on 9:39 pm in Personal Injury | 0 comments

The spinal cord is a cylindrical bundle of nerves enclosed in the spine. This highway of nerve fibers connects the brain to the whole body, making it possible to perform body functions and respond to stimuli. If any part of the spinal cord or the nerves at the end of the spinal canal is damaged, spinal cord injury occurs. A spinal cord injury irreversibly compromise sensation, strength and function of the affected body parts, and so being diagnosed with it is definitely life-changing.

According to the website of The Seegmiller Law Firm (view website), car-related incidents caused by negligence are always among the possible causes of an injured spinal cord. Falling badly from high places may also result in this condition. Acts of violence, such as gunshot and knife wounds, may also result in a damaged spinal cord. Diseases such as arthritis, osteoporosis, cancer and spinal cord inflammation, alcohol use, and recreational injuries also account for some spinal cord injury cases.

A person with a damaged spinal cord may suffer from either complete or incomplete loss of sensory and motor functions. Furthermore, they can also be referred to as either paraplegia (paralysis of the lower body) or quadriplegia (paralysis of the upper and lower body). Individuals with spinal cord injury may also experience some of these complications:

  • Circulatory problems
  • Bowel control
  • Bladder control
  • Partial or complete loss of skin sensation
  • Spasticity (uncontrolled tightening) or flaccidity (reduced or loss of tone) of the affected muscles
  • Respiratory problems (because of lack of control of abdominal and chest muscles)
  • Compromised sexual health
  • Depression because of loss of independence

Studies are underway to discover treatment that would aid in spinal cord regeneration or improvement. For now, healthcare professionals are focused on therapies, medications, and other treatments that would reduce nerve damage, prevent secondary complications, and empower patients to reclaim their independence.

Are You Certain It’s Nursing Home Abuse?

Posted by on 8:45 pm in Nursing Home Abuse | 0 comments

How can you detect abuse if it’s even really there in the first place? Some survivors can claim that for years, they never even thought they were in an abusive situation until they were made aware of what constitutes as abuse. Some people may even think that it’s their own fault and that they deserve to be abused – as is only an all too common psychological occurrence that happens, unfortunately enough.

So take the example of nursing home abuse: how can you be certain?

With child abuse, the child can sometimes grow into adulthood with understanding of what constitutes as abuse and either strongly advocates against it or replicates the behavior. Abuse regarding adults can then be difficult to determine since most adults are already aware of their rights against being abused, right?

Little do some people know that neglect or insufficiency can actually constitute as nursing home abuse. A Tennessee personal injury lawyer would probably say that nursing homes have to abide by a certain standard care in order to fully serve as a nursing home. This means that homes must have enough capable on-call staff and facilities in order to provide the kind of individualized care that each of the admitted charges require.

Are there any rooms within the facilities that are off-limits for reasons that are questionable or unjustifiable? Are your older relatives whom you have entrusted into a home’s care exhibiting behavior that may tell that something wrong is afoot such as sudden reluctance from physical contact or uncharacteristic subservience? Are they not getting the daily medication that they require, thereby making their condition worsen since they were initially admitted?

These are some ways you may at first be notified if the nursing home of someone you know is abusive but in order to be truly certain and proceed with legal action, it is advisable to contact an experienced professional first.

Calculating How Much Your Personal Injury Case is Worth

Posted by on 3:49 pm in Personal Injury | 0 comments

The main reason that most people would consider filing a personal injury lawsuit is to cover actual expenses they incurred because of the injuries they sustained. These are called economic damages, and usually includes medical bills, actual and projected loss of wages, cost of medical aids or devices, and life care. According to the website of Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A., the financial burden can be devastating. However, there is also another type of damages, which are less quantifiable. These are non-economic damages and usually includes emotional distress, and of course pain and suffering.

In most cases, the plaintiff is suing the liability insurance company of the defendant, directly or indirectly. This is nothing new to insurance companies, and they routinely offer a settlement to avoid the costs of court litigation. The settlement will depend on various factors that insurance adjusters include in the compensation formula to calculate the monetary worth of the claim. When they know that, then they can start negotiating.

The compensation (or damages) formula is necessary when non-economic damages are involved. Economic damages are easy to compute because these are actual costs supported by receipts, pay slips, and so on and so forth. Non-economic damages, on the other hand, are not a fixed figure. Who can say how much a person’s pain is worth? Insurance must, and do, estimate non-economic damages using what they call medical special damages.

Medical special damages are the sum of all injury-related medical expenses. The insurer multiplies this sum by a factor ranging from 1.5 to 5, depending on the severity of the injury and the physical pain involved. As a rule of thumb, the more obvious the extent of the injury, the higher the multiplier. The lost income is then added to this number. The final figure constitutes the start point of the settlement negotiations.

Most insurers will start low, hoping the plaintiff will be just as anxious to settle as they are. This is the value of an experienced personal injury lawyer. Good Iowa car accident attorneys know how insurers estimate their liability, and how to compel them to use a higher multiplier. The plaintiff is much more likely to get a better settlement if they get the right lawyer to go to bat for them.

The Importance of Court Reporting

Posted by on 3:13 pm in Court | 0 comments

Court reporting in a legal case is a lot like the function of flour or eggs in a cake. It is not the star of the show, but without it, the whole thing will fall flat. It would be overly dramatic to say that court reporters are unsung heroes, but according to the Stratos Legal website, the success of a legal firm depends on the dependability of the court reporting service it has.

Court reporters serve an important function in legal documentation: they make it official. The active function of court reporters is to transcribe the spoken word into writing, but more importantly, they can certify that it is true and correct. Not all transcribers can do that. Court reporters undergo specialized training and pass certification exams to practice in a particular state.

Aside from doing transcriptions of court and administrative proceedings, court reporters are also responsible for taking down depositions. A deposition is the testimony of a witness taken outside the courtroom. A court reporter is there not only to take it, but also to certify that what is in the written document is what the witness actually said. Court reporting also includes the video recording of settlement documentaries and other legal and other proceedings.

A certified court reporter is able to provide real-time reporting and provide a rough draft of the proceedings when necessary. The court reporting service may also provide an online repository for clients so that they can access their transcripts, videos, and exhibits at anytime from anywhere. This can be a crucial accommodation when time is of the essence.

Just like in any profession, not all court reporting services are good. You need to exercise due diligence when selecting a service to do court reporting tasks for you. Get referrals from other law firms and check out online reviews of the various court reporting services in your area to get started.

Categories of Construction Accidents

Posted by on 12:36 pm in Construction | 0 comments

Construction sites are inherently dangerous, which is why workers have all sorts of safety gear and practices to minimize their risk. However, not all construction sites observe safety protocols, and there are instances when the accident is due to other forces. People typically suffer serious injury in construction accidents, and in some cases, they are not even construction workers. According to the website of Habush Habush & Rottier S.C. ® the consequences of such injuries can be devastating on many levels.

Often, the only thing a victim can do is to claim for compensation. Four categories of construction accidents exist, classified based on the circumstances of the injury.

On the Job Injury

The one thing most workers can rely on is workers’ compensation. Because it is a no-fault system, no one has to prove negligence to make a claim. However, there are certain limitations. The worker sustained the injury while on the job, was not under the influence of drugs or alcohol, and may not file a personal injury lawsuit against a negligent employer. Workers’ compensation also tends to be less than what a worker can receive in a personal injury lawsuit.

Third Party Involvement

While workers’ compensation rules bar the injured worker from filing a personal injury claim against the direct employer, it does not prohibit filing a lawsuit against a third party, such as a truck driver or company that caused the accident. The worker can file a workers’ compensation claim and still file a personal injury lawsuit.

Non-Worker injuries

Sometimes, the injured party is a non-worker, such as a pedestrian or a motorist injured by falling objects or open manholes. In most instances, non-workers are prohibited from entering a construction site to minimize exposure to danger. However, according to the website of Hach Rose, this does not relieve the contractor from the duty to post adequate warning signs and take steps to keep non-workers safe.

After the Fact

Even when active construction is over, the site can still be a source of danger if the contractor, designer, or engineer was negligent. It could be shoddy workmanship, a too-low railing, or structural defects. In such cases, the injured party can file a lawsuit against the responsible third parties. Consult with a personal injury lawyer in your area to find out who these are.

Uses of Self Storage

Posted by on 3:42 pm in Storing Belongings | 0 comments

Most people think that self storage is only for people who have too much stuff. Space is a premium at home so it is true that many people use self storage units to keep the things they do not need but simply cannot sell, give, or throw away. However, there are other reasons why you might need self storage that will not make you a candidate for the television show “Hoarders.”


You could be moving. It is often necessary to keep your stuff in storage while you are moving from one place to another, especially if it is interstate. You can pack and send stuff you do not immediately need ahead of time so that you only need to worry about the essentials on moving day. You can also avoid the stress of tripping over boxes of non-essentials taking up space. You can take your time unpacking and arranging everything before you bring in the rest.


You may be out of town for an extended period. Long trips can become financially burdening. Your work may take you away from home for several months, but you do not want to keep paying rent or bring your stuff with you. You can put the contents of your home in storage until you come back. According to the website of Ben White Mini Storage, you can be sure that your stuff will be secure and in good condition by the time you are ready to get them back.


You may need to keep items secure until probate is over with. When someone dies, their property is often divided among family members according to a will or state inheritance guidelines. However, before the property is handed over to the rightful owner, it has to go through probate court. Many executors of an estate will transfer valuable things such as period furniture or valuable paintings into self storage to prevent anyone from getting them prematurely.

It Might Be better to Sell Minerals Rights

Posted by on 11:58 am in Mineral Rights | 0 comments

If you are a property owner in Texas, it is likely that people have approached you with offers to buy or lease your mineral rights. Depending on your location, you could be sitting on a gold mine – literally! It is more likely, though, that you have natural gas or oil deposits under your feet just waiting to come out, and that is just as good, if not better. However, you will not know one way or the other until you or someone else starts drilling. The question before you now is whether you should sell mineral rights or lease them.

The biggest problem with selling your mineral rights is that once the deal is done, you will have no further benefit from it. Once it passes out of your hands, you will have no claims on whatever happens to be there. If it happens to be the mother of all oil wells or natural gas, then you are out of any royalties or profit from it.

On the other hand, you do not have to worry about it anymore. You get a lump sum that you can use in any way you like, instead of having to wait for your royalty checks if you decide to lease it. You also do not have to think about whether your mineral rights will yield anything or not, because you no longer own it. If it turns out to be a dry one, it is no longer your problem. If you had leased it out, the small amount you got for leasing it out is all you will ever get from your mineral rights. You might kick yourself for not selling for a good price when you had the chance.

It can be a ticklish decision. The best way out of this dilemma is to sell mineral rights at the right price. You are probably not in the mining business, so there is no profit in holding on to your rights. On the other hand, you also probably have no idea how to sell them and for how much. It would be advisable to let a reputable mineral rights auction house to handle the transaction for you. They have the knowledge and contacts to put you together with serious buyers who will give you a fair price.

Vaginal Mesh Revision Surgery Complications

Posted by on 7:26 pm in Product Defects | 0 comments

It is now widely known that the use of transvaginal mesh for the management of pelvic organ prolapse (POP) or urinary stress incontinence is inadvisable. POP and stress incontinence are common disorders that come with aging in women when the muscles around the uterus, bladder, and bowels become weak and impinge on the vagina. The mesh is supposed to prevent this impingement and to support these weakened muscles.

The polypropylene mesh is based on a highly effective product called a surgical mesh, used mainly to correct hernias. The problem lies in the structure of the vagina, which is in constant motion and never completely sterile. This can cause the mesh to shift and tear into nearby organs and increasing the risk of infection. These in turn can lead to serious health complications, according to the website of law firm Williams Kherkher. Many of the women who have been implanted with the vaginal mesh have had to get revision surgery to remove it.

Revision surgery for vaginal mesh is more complicated than the original surgery for implanting it because the mesh is supposed to be permanent. When the mesh is attached incorrectly, or moves out of position, the surgeon has to find and remove bits and pieces of the mesh from the surrounding tissue and internal organs. The process is time consuming and painful, and it often takes three or more surgeries to remove most of it. Often, complete removal of the original mesh may not be possible.

Even when complete removal is accomplished, the patient may still suffer from the effects of injury to their organs, tissue, and nerves. Some patients suffer from bleeding, chronic pain, and sexual dysfunction. In addition, their original complaint – POP or stress incontinence — still has to be addressed, which means another procedure. It is no wonder that 87% of the women that had transvaginal mesh implanted say that they would not have agreed to the procedure if they knew the risks they were taking.

If you sustained seriously injury from your transvaginal mesh, you may be eligible for compensation. Find an experienced vaginal mesh lawyer in your area for a consultation about your case.

It Should Not Have Happened at All

Posted by on 2:51 pm in Trucking Accidents | 0 comments

The semi that caused the death of a 32-year-old motorist should not have been on the road at all.

On March 26, 2015, a tractor trailer owned by Lares Trucking struck the underside of a bride on Interstate 35, near mile marker 286 in Texas. The bridge was under construction, and the impact caused two steel beams to come crashing down onto the highway. One beam hit the pickup driven by Clarke Davis of Arlington, killing him, and injuring three others in various vehicles.

There was some confusion over why the truck was on I-35 when it was too tall to pass safely under that particular bridge. As pointed out on the website of the Law Offices of Vic Feazell, P.C., truck drivers and companies have a duty of care to other vehicle owners when they are on the road, and that includes knowing when it is safe to travel on a certain road. An investigation by the Texas Department of Transportation (TxDOT) revealed that the semi in question was not even supposed to be on the road because it did not have an oversize permit. These are permits issued by the TxDOT to overweight and oversize trucks, which should detour around roads like I-35, which have low-lying bridges or other obstacles. The driver of the truck that caused the accident did not know the height of the truck.

It would seem clear to any Texas semi truck accident lawyer that there is quite a bit of negligence in action here. At the head of it is truck owner Lares Trucking, which already has several citations for various violations. While the truck driver had no history of reckless driving, there is always a first time. The failure to get an oversize permit, which would have detailed the height of the truck before getting on any highway, was a direct cause of the accident. If the driver had known the height of the truck, he would have known that the bridge was too low to be traversed safely.

If you have been injured in some way from the negligence of a trucking company or driver, you need representation. Consult with a truck accident lawyer in your area for more information.