What You Should Know if You Were an Injured Passenger
If you were injured in an accident, there is a unique process that you must go through to receive compensation. However, what happens after you have been injured as a passenger in an accident? The first thing you should understand is that an injured passenger will typically have an easier case than an injured driver because liability is not the issue. A passenger injury claim is actually a bit like every other claim in the way that it is a general accident claim – however, it is made against both drivers if two were involved. The passenger must collect information from drivers, file claims with their insurance companies, and complete their medical treatment in full. If it comes down to it, sometimes a passenger can even file a claim against their own insurance policy to cover the medical treatment and other damages. Filing with their own insurance means that liability is not an issue and the passenger is not required to be at fault in any shape or form. However, receiving income from this method usually means that you will not be able to receive pain and suffering damages as well as lost income or other expenses aside from treatment. If the Passenger Was at Fault So, what happens if the passenger was somehow found to be partially at fault for the accident? This has happened in a number of cases in history where a passenger suddenly grabbed a hold of the wheel. Their recovery may then be reduced based on the fault that they shared for the accident. Some states will look at these cases much differently and not pay out anything for a passenger who was even a bit at-fault. (1) In any case, if you are a passenger who has been injured in an accident, you should give us a call today to get started on your case. We will answer all your questions and help you to the best of our ability. Call us today at 844-444-1400. (1) https://www.hg.org/article.asp?id=29822
Is Walking and Texting Against the Law?
New Jersey proposed a law that may soon take hold in many other states across the U.S. – a law against distracted walking that targets those who are walking while texting. This new law under consideration would fine pedestrians and even land them in jail under certain circumstances. The reason why? Over the years, experts have been able to show that there is an increasingly high number of deaths caused by pedestrians because of distracted walking. This was as many as 11,101 injuries between 2000 and 2011 caused by this event. New Jersey assemblywoman Pamela Lampitt proposed the ban on walking while texting no matter what the electronic communication device – unless, of course, they are hands-free. Those who engage in this type of walking and are caught could face the same fines as people who jaywalk, which is up to $50 and as many as 15 days of imprisonment. The fine is used for a good cause, however; the proceeds will go to educating pedestrians on the dangers of walking while texting. Is This the Start of New Legislation? Unfortunately, these same laws have been proposed in many other states and denied, such as Arkansas, Illinois, Nevada, and New York. People believe that the government should not intervene in the citizen’s lifestyle this way, however, many other people believe that the laws are good and should be utilized to save lives. Not only does a pedestrian walking while texting pose a hazard to themselves but also to other drivers on the road. In the future, we may see other legislation putting bans on walking while texting – but for now New Jersey remains the one state. (1) Contact Rawa Law Group APC for more information at the following number 844-444-1400 or visit us at the following website https://www.zrawa.com, to setup a time to discuss your case. We can help you. Resources (1) https://www.newsweek.com/dont-text-and-walk-441803
Who’s Liable When Medical Students Make Mistakes?
Close to 100,000 deaths take place every year due to medical errors, which means that many people are paying close attention. How can these fatalities be prevented? One of the biggest reasons is due to medical errors, which can include errors due to medical students in training making mistakes. The problem is, many of these medical trainees are prone to keep the realization of their medical errors to themselves instead of disclosing this information to patients. These trainees tend to be less sure of their skills and worried about evaluations by the doctors in charge of their work. A recent study conducted actually showed that only 43% of medical students said they would definitely disclose information if they found out that a medical error has occurred on their watch. Only 47% confirmed that they “probably” would. However, it has also shown that, as trainees advance, they become much more likely to disclose errors. (1) Even though medical errors are inevitable, if you become injured at the hands of a medical student, you may wonder if they will be held liable. Suing for Medical Malpractice The question, when you become injured, is, “Can a medical student be sued for medical malpractice?” The truth is, you have the potential to bring a lawsuit against anyone in the medical field, from physicians and nurses, to medical students. If a medical student has acted negligently, then a suit is possible. The one point to remember is that negligence will typically occur because somebody has negligently supervised a medical student, which led to the accident that caused your injuries. This is when vicarious liability applies and the hospital will be held liable for the injuries at hand. Call us today for information on your case, as these types of cases can become quite complex to handle on your own. We may be reached at 844-444-1400. (1) https://well.blogs.nytimes.com/2014/05/15/when-medical-students-make-errors/?_r=0
Injured by a Defective Product – What Can I Do?
Product liability law is the legal rules that regard who is responsible for defective or dangerous products and will determine whether or not you will be able to recover damages. Under these laws, a manufacturer or seller will be held liable for placing a defective product into the hands of buyers, because manufacturers are held responsible for the products they place on shelves. (1) Determining Fault Determining the responsible party or parties is one of the most important things to be done in a product liability case. Was the product unreasonably dangerous and as a result, caused you injury? Were you using the product in a way that it was intended to be used and still became injured? If so, then you may be able to bring a lawsuit under something known as strict liability. Some of the parties who may be responsible for product liability include the product manufacturer, a manufacturer of parts, the party that installs the product, the wholesaler, and the retail store who sold the product to the consumer. However, you should know that you couldn’t claim strict liability in a case where you knew about the defect prior. This is why you should always take a good look at the product that you’re using before you even use it. If it appears as if the condition is not good or that you described the condition before use as something faulty, then you may be giving up your rights for claiming damages. (2) Product liability cases can be complex because establishing legal fault is not always as easy as it seems. Because of this, you may need the assistance of experts. This is why you should talk to an attorney today who knows how to handle your claim from start to finish. Call us today at RAWA Law Group so we can help you bring a product liability action. Contact Rawa Law Group APC for more information at the following number 844-444-1400 or visit us at the following website https://www.zrawa.com, to setup a time to discuss your case. We can help you. Resources (1) https://injury.findlaw.com/product-liability/what-is-product-liability.html (2) https://injury.findlaw.com/product-liability/proving-fault-in-a-product-liability-case.html
What Should I Know About Unsafe Child Toys and Baby Gear?
Over the years, you may have heard of toys being recalled due to manufacturing defects as well as many other reasons. Around the holidays, it is important to understand that there are very real dangers with an assortment of toys and gear so you can protect your children from any product liability harms. Unfortunately, many recalls do not come to light until a child has already been injured or, in the worst cases, killed. Under the age of five, over 70,000 children have suffered injuries from specific products according to the Consumer Product Safety Commission. Concerns for Infants, Toddlers, and Preschoolers One of the first things that you might think about in regards to small children is the hazard of a product that is too small. Obviously, small products carry the very real hazard of becoming swallowed and lodged in the windpipe (wrongful death), which is why you should avoid toys like marbles for small children. (1) However, you may also be surprised to find that bathtubs are high on the list of hazards as well. Children should never be left alone in bathtubs or slings and should stay visible to parents to reduce the likelihood of a drowning event. Why Are Children’s Toys So Hard To Open? So why are children’s toys hard to open? That is for the protection of the child. If some toys are easy to open, they could be consumed by an infant, and possibly choke on the object. We would not want that to happen. This is the reason that manufacturers make it difficult for an infant, small child and even sometimes an adult has a hard time to open the package. Another question is how to choose baby gear? One thing you must be sure of is that the gear is safe for the child. So many times today manufacturers do their best to ensure that the baby gear is safe only to find out later that they missed something and a child is injured or death has occurred. So parents must be diligent to making sure that the baby gear has been thoroughly tested before purchase for your child. Stroller Safety You should always attempt to purchase a stroller that has brakes or easy locks for its two wheels. This is due to the fact that it is more difficult for the stroller to get away from you. Another real hazard will difare finger pinches, which can occur when the infant or toddler is too close to the stroller when it is open or closed. A child should also always be buckled into the stroller so that they do not fall out. Some other hazards have been found in play yards due to faulty side rails and baby monitors when the cord becomes wrapped around the baby’s neck and causes strangulation. Because there are so many risks with so many products, it is important to read up on specific products before you buy them as well as look into any recalls. (2) Call Rawa Law Group APC San Diego Ca., today if you have any questions about a case. (1) https://kidshealth.org/en/parents/safe-toys.html# (2) https://www.hg.org/article.asp?id=40981
How do You Assess How Much Pain is Worth in a Settlement?
When you think of a personal injury case, you may perceive physical injury as the only way to receive damages. However, in some cases, you may be able to sue for something known as “pain and suffering,” which is when a monetary value is placed on both past and future physical and mental pain that the plaintiff suffers. But how id pain and suffering assessed in a settlement? Dependent on Circumstances The circumstances of your case are very important and will be a huge determining factor when assessing how you can receive damages for psychological, emotional, physical, or traumatic pain. Many people will find that putting a number value is difficult when making these determinations. However, one helpful element is having proof that you received medical bills through medication, treatment, and therapy. Research has shown that, at any given time, there are millions of people who have been harmed by somebody else in a negligent way. Proving that you have sustained harm at the hands of another will only help your case. The Negative Aspects Involving Insurance Insurance companies can be touchy when it comes to pain and suffering. The insurance company may attempt to “pull one over” on you because they understand that you may be unaware of how much your pain and suffering may actually be worth. (1) To ensure that you are getting a fair amount for your pain and suffering, you should always enlist in the help of a top personal injury attorney in San Diego – so call us today. Knowing that a low percentage of personal injury claims actually reach the courtroom, it is important to call us about your case today so that we can help you determine how much your case is worth. Please call us at the following number 844-444-1400. (1) https://www.hg.org/article.asp?id=40969
Who do I Sue for a Defective Drug?
At the center of many product liability cases sit defective drugs by manufacturers who did not appropriately test medicines before they released them onto the market for consumers. Manufacturers will use testing criteria by the U.S. Food and Drug Administration (FDA) to determine if a product is safe; however, just because a drug was licensed does not mean that the manufacturer cannot be held liable when injuries stem from the defective drug somewhere down the line. In these cases, the lines of liability can become blurred, which is where we come in to help you determine who is responsible in your case. When Don’t I Have a Case? You may not have a case if the drug was inherently dangerous and a manufacturer could not avoid the injuries. No matter how well certain drugs are made and distributed, they may still bring complications. Some drugs may be beneficial despite the fact that they can also cause harm in other ways. If there are adequate warnings telling consumers of these dangers, then a product liability lawsuit cannot result. When a Manufacturer is Responsible A drug manufacturer has a duty to warn of side effects that can result from using a specific drug. The manufacturer, often times, will release this information to a patient’s physician or to the pharmacist so that they can make the patient aware of the possible effects. Manufacturers are considered to be experts and, in this essence, it is their duty to make sure that all knowledge about the product is passed onto the patient in some way. Just because a reaction is rare, it does not mean that a manufacturer should not mention it. (1) As you can see, product liability cases involving drugs can be extremely complex, which is why it is important to have the assistance of an attorney when establishing fault in your case. All states have different laws regarding product liability that you should be aware of. Call us today for more information. (1) https://injury.findlaw.com/product-liability/pharmaceutical-drug-liability.html
Personal Injury in California Ridesharing Accidents
To better understand some of the legalities behind ridesharing, you must first understand what this modern mean of transportation is. Ridesharing is when two or more people are sharing a trip via carpooling, and the passenger is paying for services. Rideshares work as far as convenience as well as burning less gasoline, saving on parking, and the added benefit of company. Uber and Lyft are two very common types of ridesharing found in the news today. (1) Accident Liability in the World of Ridesharing Ridesharing, of course, cannot happen without specific types of insurance as it is a service involving vehicles. In California, a driver must be carrying a minimum of $50,000 per person and $100,000 per accident of liability when they do not have a passenger in the vehicle. Uber and Lyft maintain an additional $200,000 of coverage on top of this. However, all of this changes when the driver picks up passengers. After passengers, the driver is required to carry $1 million of liability insurance coverage as well as $1 million in uninsured/underinsured coverage. This may sound high to you, but that is not the case – because many people who are involved in serious car accidents will see well into the hundred thousands or millions of medical bills. There are many different types of damages that somebody might receive after a ridesharing accident, all the way from hospital bills to future medical treatment, long term-care, lost wages, and pain and suffering. Various Types of Insurance Policies Through Ridesharing There are various pieces of insurance policies regarding ridesharing after you have been involved in an accident. Here are examples of a few: Liability: This part of the policy covers damage to other cars and people who were involved in the accident. There is no deductible when it comes to claims of liability. Collision: This covers damages to the driver’s own vehicle and there will usually be a deductible, but not all the time. Medical: Medical will cover the driver and anybody else in the car at the time of the accident. This occurs after assignment of fault. (2) Over the recent years, there have been many cases where liability was unclear when the driver was on call but not actually transporting a passenger, like cases where pedestrians are involved. In the case of an Uber accident where a driver was charged with manslaughter after a pedestrian walked out on the road, Uber denied liability because there was no passenger at the time. Often times, victims will find that it is tedious and complicated to attempt to obtain compensation for their injuries. This is largely due to the laws and regulations that determine car accident fault for ridesharing companies. (3) It is expected that, as the years go on, car ownership will become a slight thing of the past. Ridesharing has taken many vehicles off the roads as people continue to share services and this is determined to continue well into the future. No matter what the case, it is important to speak to an attorney about your case if you have been injured in a ridesharing accident. Call us today for more information, you can contact us at the following number 844-444-1400. (1) https://workingmoms.about.com/od/workschedule/f/What-Is-A-Ride-Share.htm (2) https://therideshareguy.com/how-to-handle-rideshare-insurance-after-a-car-accident-with-uber-or-lyft/ (3) https://accident-law.freeadvice.com/accident-law/accidents-in-the-news/who-pays-when-uber-or-lyft-driver-causes-accident.htm
What You Must Prove in Order to Win a Premises Liability Case
When somebody enters a property, they have an expectation of not becoming injured and a property owner has a responsibility to ensure that it is safe. These cases are covered under something known as ‘premises liability’ such as slip and falls or injured in an amusement park. You may wonder what you must prove in one of these cases if you have become injured. Unfortunately, these cases can be entirely complex but we will help you understand the significance of making your case. Condition of the Property If you go in front of a judge in a court case, something they may ask you is, “What was the condition of the property when you entered upon it?” The standard of care says that, if you were invited onto the property such as a case where you are a shopper in a store, the owner must exercise reasonable care for your safety, unlike if you had been a trespasser. Was there a crack in the floor or oil spilled that caused you to fall? These are conditions that the owner should have been aware of in many situations. Comparative Fault One thing that the other party may try to prove against you is that, in some way or form, you might have been responsible for the accident as well. You must be able to exercise reasonable care in regards to your own actions on the property. If you have not acted appropriately, your recovery may be limited due to your own negligence. Questions Regarding Negligence There are some things you will have to ask yourself when considering negligence and coming into a premises liability case. This will help prove your case in the courtroom. For example, should the owner of the business have recognized the dangerous condition and repaired the condition before you were able to injure yourself? Was there a routine plan in place to check for hazards on the property? Was there a reasonable justification for the potential hazard to exist? Could the hazardous condition have been made less dangerous through preventative measures? After you have been able to prove many of these theories, you will find that you have a strong case against a property owner. Premises liability can be difficult to handle on your own, though. This is why you should speak to an attorney who understands your case today. We will be looking forward to your call, you can reach us at this number 844-444-1400 (1) https://injury.findlaw.com/accident-injury-law/premises-liability-who-is-responsible.html
Lower Extremity Injuries From Motorcycle Accidents
Somebody involved in a motorcycle accident is more likely to suffer a lower-extremity injury than one of the upper-extremity. Injuries to the upper body such as the head and chest tend to be more serious and even fatal, though those happening to the lower body can still carry certain seriousness with them and involve complications like infections and amputations. Here are some of the most common accidents you may suffer from: Pelvic fractures, that can result in stable of unstable pelvic injuries and cause bleeding or surgery Hip injuries that include fractures and dislocations Knee injuries such as the ACL, MCL, PCL, and meniscus as well as fractures of the knee cap or knee joint Leg injuries including fractures of the tibia, fibula, and femur that can result in severe blood loss and infections of the bone Foot, ankle, and toe injuries such as breaks How Will I be Compensated in an Accident? If you have been involved in a motorcycle accident, you may wonder what damages are available to you. Because lower extremity injuries can be so serious, you may be entitled to compensatory damages to repay you for medical expenses, repairs, and lost wages, general damages for pain and suffering, and punitive damages to punish a defendant after they have acted negligently. You may have to meet certain deadlines for filing a claim so speak to us today about your options!