Role of the Personal Injury Lawyer in Carbon Monoxide Poisoning

Carbon monoxide (CO) is an odorless gas. Exposure to this gas can be incredibly toxic and result in death. While CO itself has no smell or color, it is mixed with an odor agent in order to make it clear when there is a gas leak.

A person exposed to even 35 ppm (parts per million) of the deadly gas will start experiencing symptoms of CO poisoning after 6 to 8 hours, although that is considered low-level. Exposure of 100 ppm is considered dangerous even for short periods of time, and in a car suicide the CO level reaches between 6,400 to 10,000 ppm, causing unconsciousness and death in a matter of minutes.

Accidental exposure to CO can be due to faulty appliances such as gas-fueled furnaces, water heaters, generators and defective equipment such as portable stoves, leaf-blowers and high pressure washers. CO poisoning can also occur when your SCUBA gear has a defective compressor or the houseboat has a faulty propulsion engine. In the workplace, CO poisoning can be due to the lack of proper ventilation, allowing CO to accumulate and reach dangerous levels. Accidental CO poisoning occurs so often that a CO detector is recommended for all households and enclosed areas of work. Because it is odorless and colorless, CO is impossible to detect without some sort of air measuring device.

CO poisoning symptoms include headaches, dizziness, nausea and rapid heartbeat. Any delay in the diagnosis and treatment of CO poisoning can lead to long-term neurological and cardiovascular problems, even death. If you suspect that you have been poisoned because of faulty equipment or an unsafe work environment, get medical attention at once and document your injuries. Your medical records will be an important part of the claim that your personal injury lawyer will file for you.

Filing for Long-term Disability in North Carolina

If you are a resident of North Carolina and you intend to make a claim for Social Security Disability Insurance (SSDI), then get ready to be denied. North Carolina is one of the states where a state agency is the one that decides to approve or deny your initial long-term disability claim. This agency is called the Disability Determination Services (DDS) and it approves 25% fewer applications than the average nationwide. Only 37.9% of the 69% that get past the initial application get approved for SSDI, and for North Carolina, the approval rate is even lower.

The DDS assigns one person, a single decision maker (SDM), to decide if an application has merit i.e. applicant is disabled. In general, it takes two people to decide this, an examiner and a medical doctor, but North Carolina dispenses with a doctor to streamline the process when the long-term disability claim is physical in nature. However, if the claim is based on a mental, emotional or psychiatric problem, then a psychiatrist or clinical psychologist must be consulted by the examiner to determine the extent of the disability.

If a claim for long-term disability is denied at the initial phase, the best thing to do is to engage a long-term disability appeals lawyer practicing in North Carolina before filing for a Request for Reconsideration. This is because if you get denied because you didn’t file the correct paperwork or made an error, you will have to go to the next step, which is a Request for Hearing, which on average can take more than a year just to get a hearing date. This delay can pose a hardship for you and your family if you are unable to work and your financial situation becomes increasingly dire.

However, if a hearing is inevitable, you will still want to retain a lawyer to represent you before the Administrative law judges (ALJ) who decide on long-term disability appeals. This will eliminate the possibility of technical errors that could cost you your claim, and increase your chances of being one of the 60% or so cases that get ALJ approval. If you still don’t get approved, you will need to go to the Social Security Appeals Council (AC) within 60 days after the ALJ hands down its decision. The AC will review the decision of the ALJ to see if an error was made in the ruling. The fourth and final resort if the AC still denies the claim is federal district court.

Getting denied for SSDI can send you down a long and frustrating road of appeals, so you will want to nip that in the bud. Retaining a lawyer may seem like an unnecessary step to take, but it will be worth it in the long run. If at all possible, consult with a lawyer when you first make your application for a long-term disability claim in North Carolina.

Wisconsin Road Defect Immunity Law

The state of Wisconsin is a tough nut to crack when it comes to road defect claims. This is because of the recently passed SB 125, or the so-called “Hazardous Highways” Bill, which absolves Wisconsin municipalities from a general responsibility in properly maintaining roads and other infrastructure. What does this mean for Wisconsin motorists who may sustain injuries in the future because of a road defect resulting from poor highway maintenance? It means that they either get a really good road defect lawyer or just lump it.

A lawyer conversant with the road defect laws of Wisconsin will be able to assess if a particular case will get past the immunity laws of the state, or if filing a personal injury suit is just a waste of time. Even before SB 125, Wisconsin lawyers had to contend with the $50,000 ceiling on road defect-based claims, which is paltry when in some cases the actual medical bills far exceed that sum, not to mention loss of income and other costs related to the sustained injury. With the new law in effect, most road defect victims will not even get that much.

But it is possible to circumvent the law if it can be proven that the municipality had a duty of care to the injured party under another Wisconsin statute. The role of the lawyer is to find the applicable statutes so that a claim for personal injury can be filed. This is why it is important to find a lawyer who is familiar with the state laws for road defect cases.

Most Americans take it for granted that they are safe on the road as long as they drive responsibly and follow the rules of the road. In most states that is a reasonable presumption, but not in Wisconsin under SB 125. When it comes to road defect accidents, there is not much that a motorist can do except to hope for the best and to find a good road defect lawyer.

Proving Negligence When Accidents Happen

Every year in the US, an average of 25 million people suffer unintentional injuries that necessitates a visit to the emergency room. About 9 million are from falls, three million by striking against an object or person and 3.5 million from motor vehicle accidents. On average, about 25% of these unintentional injuries are directly or indirectly due to negligence of a third party, or about 6 million people. That’s a lot of work for an accident lawyer.

However, it is not at all easy to prove negligence. The burden of proof on the part of a plaintiff includes demonstrating that the defendant had a duty of care to the injured person. The plaintiff must also prove that the defendant’s act i.e. drinking while driving was not reasonable or prudent and that the act (or failure to act) caused the injury in question. That sounds straightforward enough but it really isn’t.

There are many loopholes in liability laws in general, and in New Jersey, contributory negligence is in effect (New Jersey Statutes – 2A:15-5.1). This means that if the plaintiff is in any way partly responsible for the accident i.e. crossing the street while texting then the liability of the defendant is reduced by the degree by which the plaintiff is found to be contributory. If the jury finds that the plaintiff is more responsible for the accident than the defendant (or group of defendants combined), then there can be no recovery of damages. A good defense lawyer will seize any advantage that is presented, and without an equally good accident lawyer, things can go wrong very quickly for the plaintiff.

This can be devastating for someone who has already suffered a great deal from an accident, and whose financial situation is shaky. It is up to the accident lawyer to make sure that justice is done by the victim, and that the responsible parties pay for their negligence. If bringing a personal injury case before civil court in New Jersey, make sure you retain an experienced accident lawyer with intimate knowledge of New Jersey personal injury laws.

Loss of Memory due to Diffuse Brain Injury

One of the most difficult of traumatic brain injuries (TBI) to diagnose is diffuse brain injury. This is because the damage is so small that it will not even show up in a computerized tomography (CT) scan or magnetic resonance imaging (MRI), the default diagnostic tools for TBI. The patient is also often lucid and asymptomatic right after the traumatic event; symptoms develop later. A diffuse brain injury or diffuse axon injury (DAI) is said to have occurred when trauma to the head causes axons (brain nerve fibers) to be displaced. Axons are the pathways that connect one area of the brain with another.

When axons are misshapen or twisted, it can cause a disconnect between neurons which can have serious consequences for the patient. Aside from loss of memory, there may be difficulty in communicating, cognitive processing, speaking or moving. However, the effects develop gradually in the following two to three weeks so those around the patient may not even be aware of any changes at first. The most common cause of DAI is whiplash, which is when a person’s head is thrust forward and then back violently, such as during a car accident. The trauma patient would receive treatment for possible concussion, but since the patient will not lose consciousness even with DAI, the initial vigilance for TBI will be relaxed.

In the meantime, the DAI may progress, and symptoms may include frequent headaches, difficulty in focusing, dizziness and loss of memory. In most cases, the traumatized axons will regenerate over time unless the damage is extensive. However, even a temporary loss of memory and decreased cognitive and physical function can have a disastrous impact on a person’s career, resulting in loss of income, which can lead to long-term financial and emotional problems. If you suffer from DAI due to the negligent actions of others, consult with a personal injury lawyer to assess your case and recover the appropriate damages due to loss of memory and other DAI effects.

Brain Hemorrhages

Brain injuries are among the most common reasons for personal injury claims. Accidents that cause brain injuries are liable for compensation, especially since such injuries are life-threatening and expensive. Consulting reliable and experienced brain injury attorneys could help you in various ways: in assessing how much compensation you have the right to, collecting evidence, information, and witnesses necessary for your case, and representing you in court.

One of the things people should look out for once they have been involved in an accident is brain hemorrhage. A brain hemorrhage occurs as bleeding in and around the brain, often caused by trauma, high blood pressure, drug abuse, and abnormally weak blood vessels (that potentially leak blood). As blood collects (causing hematoma), it can increase pressure in the brain tissue, reducing important blood flow which can eventually kill the brain cells. It is a very dangerous condition that can lead to stroke-like symptoms, and can even cause stroke due to the bleeding in the brain.

Among the leading causes of brain hemorrhage are car or motorcycle accidents, slip and fall, sports accidents, and physical assaults and violence. There are ways that this injury can be prevented. To lower the risks of having brain hemorrhage, you can:

  • Always wear seatbelts or helmets when driving or riding any type of vehicle.
  • Put on protective gears whenever you play sports, especially those that require them.
  • Keep things in order to avoid tripping, slipping or falling inside or outside your house.
  • Keep yourself in proper physical shape.
  • Don’t drink and drive.

There are many other things that you can do to help protect yourself from brain injuries, especially brain hemorrhage. And for those who have acquired them, you can rest assure that injuries such as this can be treated and you can get back to your life after thorough rehabilitation. For those who have been injured because of an accident, they can get compensation to help pay for medicines and treatments through the aid of their brain injury attorneys. It should be vital to have support from family and loved ones to ease and speed up the recovery of the brain injury. There is no need to face this injury alone, there are also many support groups that can give information and guidance, as well as stand with you through the whole healing process.

What to Do if Someone Injures You

Being injured in an accident that is caused by the negligence or recklessness of another person warrants you the right to file a personal injury lawsuit against the one responsible for your injuries. Injuries from such accidents does not only cause physical and emotional pain, they can also be hard on the pockets, making you miss a significant number of days from work, with costly medical bills and other payments. Personal injury attorneys can help you win back necessary compensation to help you get back to your life.

Filing for a personal injury claim does not necessarily mean going to court: you and the person responsible for the injuries can get to a settlement. There are advantages to having your claim settled. The number one advantage of settling your personal injury case is the lower cost that you will be paying for the lawyers and overall trail. There will be no witness fees and other court fees that should be paid. Another advantage is having faster solutions – without waiting for courts to open, you can settle your claims quicker. Settling also gives you the control you want in how much you want for compensation. You always have the choice on the outcome of the claims.

There are some things that should be avoided when filing for a personal injury lawsuit. First, be aware of your state’s statute of limitations. The longer you put off your case, the less chance you can have it pushed to have your compensation given. One more thing to avoid is not hiring personal injury attorneys, even just one, to help you in your claims. They are very important in guiding you through the whole process, giving out vital advice, options and computations on how much the damage are worth and the amount of compensation you have the right to. They are also the ones who know more about personal injury law and fight for your cause. Lastly, once the claims have been settled, don’t try to file the same case against the same people again. This is illegal, and can put you in a bad light.

Why Are People Filing Zoloft Lawsuits?

In the United States today, it is estimated that 19 million of the people suffer from depression. It can be a huge struggle to face and overcome depression, and aside from therapy there are also medications that can help alleviate the symptoms and make it more manageable. Zoloft is one of the leading medications being prescribed for people with depression, OCD, and other mood disorders.

Zoloft (sertraline) is an antidepressant. It is a generic drug, and its dosage can depend on the condition that it is prescribed to treat. Despite being one of the most successful antidepressant drugs on the market today, there is still some backlash on the use of Zoloft and there is presently an increase in the number of Zoloft lawsuits that are being filed. The reason behind these lawsuits is the side effects that come with taking the medication.

The use of Zoloft, especially during the first trimester of the pregnancy, can have adverse effects on the health and wellbeing of the baby. It can leave the child with club foot, anal atresia, congenital heart defects and many others. Even abrupt withdrawal from the medication can cause the patient to suffer from fatigue, insomnia, symptoms similar to flu, memory impairment, abdominal cramps and many others. Among the more serious side effects of taking Zoloft and the basis for many Zoloft lawsuits are:

  • Chest pains, stomach pains, decreased bladder control
  • Panic attacks, agitation (either new or aggravating), irregular heartbeats
  • Decreased concentration and coordination, exaggerated reflexes, restlessness
  • Unusual bleeding or bruising, bloody or black stools, decreased bladder control
  • Skin irritations such as red, swollen, peeling or blistering skin
  • Worsening depression, thoughts of suicide, hallucination
  • Vision changes, memory loss, fainting

These are just some of the many side effects from taking Zoloft. There are still many that can be severe or detrimental to the health of the patient. These side effects can leave the patient with more complications, therefore pursuing a lawsuit is one way of getting compensation for all the trouble the medication has brought into their life. Although these side effects are present, doctors still prescribe Zoloft to many of their patients because the positive effects far outweighs the negative ones.

Common Defects that Cause Trucking Accidents

A truck accident is among the many causes of concern on the highways of United States. Driving these 80,000-pound commercial vehicles requires a great deal of skill and care. Once these huge vehicles end up in an accident, they can lead to catastrophic damages and injuries. Avoiding these incidents are very important, which is why companies tend to screen their drivers very carefully – yet, why do these accidents still occur?

Aside from driver errors, the next leading cause of truck accidents is equipment failure; either from poor truck designs or defective truck parts. They can result from inappropriate maintenance or flawed parts that can come together to cause an accident. Among the common defective parts of a truck that can lead to an accident are:

  • Under-inflated or over-inflated tires that can lead to tire blow-outs
  • Defective steering gears
  • Improper or poorly-designs safety straps or hitches
  • Defects in the underride bars, failing to prevent cars from going under the truck
  • Poor installation or defective tie-down, leading to dislodged or falling out of loads

Brake failure is also a great contributing factor for a truck accident. These things are the first things that are looked into once there is a truck accident and driver error is not the factor. It can be a bit tricky to prove that the truck defect is the cause of the accident, and to pin-pointing who to blame is very complicated. Having legal help and representation in these cases are one of the best ways to protect your right for compensation and fight for your cause.

A truck accident, whenever they occur, is never a little thing. There are many things that can come into play when they occur, so it can be a complicated thing to be involved in. Unfortunately, most of these accidents are preventable, but because of some people’s errors and neglect of safety laws and regulations, other innocent citizens are in danger.

What to Look for in a Workers’ Compensation Attorney

Permanent disability and wrongful death are the main reasons why people seek compensation for long-term disability benefits. It is obvious; not being able to sustain yourself because of physical or mental incapacity is a good reason why millions of people file for this type of benefit. However, with these numbers, about 70 percent of the cases are denied. Reasons can vary, but generally it is because there may be some mistakes in filling out the application forms.

Once the application has been denied, there are three options the injured person can do: make an appeal in court, re-apply, or just forfeit the whole case altogether. The last two options may not be good choices, so the best way to acquire the benefits is to appeal your case in court. It is important to file the case personally in order to make the appeal request as personal as soon as possible. However, this does not mean that you should go ahead without the guidance of a lawyer.

Having a legal representative is vital in winning the case. They can help in filing the petition properly, guide you through the whole ordeal, and take charge of the case overall. With so many lawyers around, getting the right lawyer for this specific case can be a tad intimidating. Here are some things to consider when looking for a legal representation:

  1. Make sure you are comfortable working with your lawyer. Ensure that you don’t feel intimidated or helpless throughout the whole process, and that the trust is established. It is also vital that the lawyer updates you on the status of the case.
  2. Check their track records – how many cases they have helped win and handled. Experience is a great factor in court proceedings. They have better chances of representing you properly in court, and could advise you early on if your appeal has legitimate claims.
  3. Do a background check on the lawyer: see if they are fully licensed, have no citations or pending actions, and have good track records. Ask for references and contact them to discuss their own experience with the lawyer.

There are lawyers who prefer to be paid after the case has been settled, but be wary of those who give out promises that are too good to be true. It may be hard to dish out cash, especially after you have suffered from a permanent disability, but paying a lawyer up front can help in ensuring you get the best service and have the case solved positively.

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