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What Damages Can I Claim In A Medical Malpractice Case?

Posted by on Jul 9, 2016 in Uncategorized | 0 comments

We all have high regard for doctors or anyone in the medical profession. They are revered in their industry for their professionalism and high ethical standards. But nowadays, there has been an increase in medical malpractice claims which has often led to serious injuries and even death to a patient. According to the website of Bruner Law Firm, medical practitioners and providers have failed to live up to the standards of care for their profession.
When a medical practitioner has caused injury or death to a patient, there is no recourse for the surviving relatives but to recover damages. If the plaintiff is a bread winner in the family, the potential losses to the surviving family members can pile up. In this article, we will tackle the available damages that the family of the plaintiff can recover in a medical malpractice case.

Types of Damages

Damages in a medical malpractice case boils down to those that can be calculated or economic damages and those that cannot be calculated or non-economic damages.

Economic Damages

Economic damages may include lost earnings or capacity, medical bills, and other financial losses that resulted from the injury or harm. Lost earnings could include the amount of money that the plaintiff could possibly earn if not for the injury or harm. Future earnings are calculated based on its present value. The calculation of future earnings is done by an economist that your lawyer will hire as an expert witness.

However, there are three problems that can arise in the computation of lost earnings.

  • You were unemployed when the injury happened
  • If not for the injury, you would have sought another job for higher pay
  • You are self-employed

Future Medical Bills

Injuries due to medical malpractice may entail long term medical care which could reach to hundreds or even millions of dollars. A medical economist shall be the one who will compute this and present it in court.

Non-Economic Damages

Non-economic damages include pain and suffering and mental anguish and loss of consortium. This is the most difficult part in a medical malpractice claim because you cannot put a monetary value on pain and suffering. There is no existing guideline on the determination of pain and suffering. There is no chart that can be presented to the jury to determine the amount that will be awarded to the plaintiff.

Loss of consortium, on the other hand, refers to the intangible benefits that the plaintiff can give to their spouse or children.

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Driver Error: the Major Cause of Truck Accidents according to the FMCSA

Posted by on Mar 16, 2016 in Automobile Acidents | 0 comments

Compared to cars, trailer trucks move and maneuver much slower; these huge vehicles also require more room, especially when making turns or when maneuvering along curves. Operating a trailer truck, also known as big rig, semi-trailer or 18-wheeler, requires special skills; thus, before a person can be issued a commercial driver’s license, his or her authorization to operate a truck (or a bus), he or she will first have to undergo a special training and a series of tests aimed at ensuring the safe operation of commercial vehicles.

According to the National Highway Traffic Safety Administration (NHTSA), more than two million semi-trailers are current under operation in the US. An alarming concern about this, though, is that a fourth of these vehicles (500,000 trucks) are said to get involved in accidents, many of which are fatal, every year.

Besides more maneuvering space, trucks also have blind spots, which are areas where smaller vehicles are not visible to truck drivers. The blind spots, where most accidents occur, include a truck’s front, back area and sides, especially the passenger side.

While there are many varying factors that cause trucks to get involved in accidents, a study conducted by the Federal Motor carrier Safety Administration (FMCSA) says that majority of these accidents are due to truck driver errors.

According to the FMCSA, the top three factors that result to driver error are driver fatigue, intoxication from prescription and/or over-the-counter-drugs which results to impaired driving, and speeding and driving too fast for road conditions. (Other factors resulting to driver error are speeding, driving distractions, lack of focus on the road, failure to check blind spots, improper attachment of trailer, depowering of the front brakes, and failure to make sure that the brakes are in good working condition.

The dangers that trailer trucks pose on the road make it imperative for drivers to observe all proper safety measures – this especially includes double checking their blind spots for possible smaller vehicles and making sure that they start to step on the brakes, when they need to stop, from enough distance.

According to the Karlin, Fleisher & Falkenberg law firm, there are many instances wherein truck drivers fail to take their responsibility seriously, thus, causing catastrophic, yet preventable, accidents as a result. While it is true that many drivers of smaller vehicles have survived truck accidents, these survivors have been left either with a severe injury or a trauma that may haunt them for the rest of their lives; medical treatment to treat injuries can be costly; the same with emotional or psychological therapy. The results of an accident can no longer be undone.

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What is Personal Injury?

Posted by on Oct 25, 2015 in Personal Injury | 0 comments

Often time’s accidents are only that- accidents. Yet occasionally they can be caused supervision or by the carelessness of another party. Some of the very most common types of personal injuries cases include premises liability cases car accidents, and product liability cases.

Cases of individual injury may be in some circumstances, life-threatening as well as extremely dangerous. Regrettably these circumstances frequently could have been avoided. These cases will be the fault of the carelessness or negligence another party included. In such cases, the victim of this kind of disaster or their families might be owed specific problems.

Based on the website of the Hankey Law Office, in the instance of motor vehicle collisions, a personal injury case can be submitted if there is a victim hurt because of some other driver’s fault or another party involved with the accident. The car maker, exhaust makes, or even those in the town of maintaining routes and highways might be at fault for a crash that damages a cautious driver who followed all rules of the street, in charge.

Personal injuries lawyers are generally aware that in cases of premises responsibility a victim is injured in a building belonging to some landowner who neglected to assemble or keep the construction of the building. This carelessness frequently results in the harm of the inhabitants or visitors. Some samples of this involve asbestos exposure, star collapses, mold and shoots.

When it comes to product liability, the victim was injured by a defective product as a result of the oversight or neglect of the products manufacturer. Some common examples of this contain faulty toys for children or hazardous food materials. All these are cases that are especially dangerous because the influence large groups of men and women, a failure the instance of toxic food substances, or they affect a few of the very most vulnerable victims- children.

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