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Medical Malpractice and Wrongful Death: Do They Mean the Same Thing?

Posted by David Brown 
· August 20, 2020 

One of the most common questions people have when they speak with a law firm is about the difference between medical malpractice and wrongful death. There are some people who believe these two terms cover the same thing. Even though it is true that these terms do have some overlap, there are a few differences that people need to know as well.

First, it is important to cover medical malpractice. This takes place when a healthcare provider, such as a doctor or a nurse, is negligent. This negligence has to lead to harm to the patient. When discussing medical malpractice, many people refer to the “Ds.” The provider has to have deviated from his or her duty to the patient. Then, this deviation has to result in damage. There are numerous types of medical malpractice. Some of the most common examples include:

  • Surgical mistakes
  • Overlooking a diagnosis of some type
  • Abuse that takes place in a nursing home
  • Mistakes involving medications
  • Birth injuries

Even though medical malpractice can result in the death of the patient in rare circumstances, not all types of medical malpractice lead to a patient’s death.

Of course, given the name, wrongful death has to result in the debt of someone. Therefore, it is possible that medical malpractice may lead to a wrongful death. On the other hand, not all forms of wrongful that involve medical malpractice. In addition to medical malpractice, there are numerous other situations where wrongful death might result. For example, some of the other examples include:

  • Negligence leading to a motor vehicle accident that results in the death of someone
  • Defective medical devices that might result in someone’s death
  • Consuming recalled food at a restaurant or a grocery store that results in the death of someone

Therefore, even though it is possible that wrongful death and medical malpractice can cover the same event, this is not always the case. There are a lot of nuances that accompany medical malpractice cases as well as wrongful death cases. Therefore, it is important for anyone with questions or concerns to rely on the help of a trained legal professional who has experience in both of these areas. Everyone deserves to have their rights defended.

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8 Ways to Avoid Serious Car Accident Injuries

Posted by David Brown 
· August 18, 2020 

Practicing defensive driving is the best way to avoid car accident injuries. Examples of defensive driving include eliminating distractions, staying focused on traffic conditions, using turn signals and driving within the speed limit. Additionally, make sure there is enough distance between your car and the car in front of you in case you have to react swiftly to an unexpected situation.

In addition to defensive driving, here are eight great ways to reduce your risk of suffering a car accident and possible serious injury:

1. Sit up straight while driving so that you can see clearly beyond the hood of your car and to the periphery of your vision field

2. Regularly have your car inspected and maintained to prevent accidents caused by bad brakes, low oil or transmission fluid levels (gear slipping, overheating engine) or bald tires.

3. Position driver and passenger seat to be as far from the air bag as possible. Sitting too close to a triggered airbag may cause skin burns or even fractures when the bag powerfully squeezes your body against the seat

4. Wear a seatbelt at all times. The U.S. Centers for Disease Control reports that nearly half of all car accident fatalities involved people who were not wearing a seatbelt

5. Proper steering wheel positioning improves your ability to handle your car in all traffic and weather conditions. Point the steering wheel more towards your chest rather than your face. Hands should be placed on the steering wheel in a “10:00 and 2:00” position.

6. Drive the speed limit. Speeding increases the risk of having an accident by nearly 30 percent. Going just five miles faster than the speed limit reduces your ability to control your vehicle, worsens the potential for serious injury and endangers the lives of other drivers and pedestrians

7. Keep your eyes on the road. Distracted driving is the leading cause worldwide of car accidents. Never eat, text, adjust radio/CD players or do anything else that takes your attention off the road

8. Don’t continue driving a car that is in mechanical distress. If your car is smoking, making loud noises or it feels like your steering wheel isn’t responding correctly, pull over and call for help

Unfortunately, taking steps to improve your own safety while driving can’t prevent other drivers from behaving recklessly. If you have been injured in a car accident through no fault of your own, contact our personal injury attorneys today.

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What do People Think About Lawsuits?

Posted by David Brown 
· August 11, 2020 

Everyone knows that lawsuits help retain the law and order in this country. It keeps people honest and allows everyone to have a fair relationship. We were curious about how people view lawsuits, so we took a look at a study. This study asked a thousand men and women across the country what they really think about lawsuits. The study did a good job of asking people from different backgrounds. The result is a study that pretty closely emulates the American peoples’ voices. The results are pretty interesting, and they’re worth sharing.

The major takeaway is that a majority of people would think about suing as long as it’s under the right conditions. In fact, over 95% of people said they would sue. Their reasoning behind it would range from them feeling wronged to there being a serious disturbance to their life. That’s nearly the entire country that’s in favor of suing. That leaves not even 5% of the total population in the belief that they would never sue anyone.

Interestingly, in the same study, nearly half of them would only refuse to sue if the person they had to sue was a loved one. They said they would never sue a loved one under any condition. The remaining half that said they would sue a loved one said that it would depend on how bad the injuries were and whether or not their loved one could pay for the victim’s medical bills through insurance. This is an important caveat to remember. Even though they would sue their loved one, it would only be in serious and absolutely necessary instances

Almost 1 in 5 people said that they would take part in dishonest behavior to win an accident settlement of $100,000. They answered that they might get into an accident on purpose or exaggerate how hurt they actually are. This raises some interesting questions about what a court can do to try to find this 20% of people walking around. Of course, these results are just on paper so it’s hard to say if someone actually would commit fraud like this.

Lawsuits have an impact on lives and what people think across the country think about them is interesting and worth talking about.

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Your Personal Injury Claim Can Be Saved with a Seatbelt

Posted by David Brown 
· August 6, 2020 

People don’t realize that seatbelts date way back to the 50s. It wasn’t until ’68 that it was legally required for seatbelts to be a part of new cars. Even then, it took a few more decades for them to really catch on and for laws to require you to wear a seatbelt while driving. Today, people decide to ditch the seatbelt so they can be more comfortable when they drive. Of course, these same people will feel very uncomfortable when it comes time to file a personal injury claim.

When someone gets hurt in a wreck, they can then file a personal injury lawsuit against the responsible driver. That is, unless the victim wasn’t wearing a seatbelt. Failure to wear a seatbelt dramatically affects whether or not a victim will get paid from filing a claim. A victim in this situation will actually share the fault of the accident according to the court. Using a “contributory negligence” counter-claim, the court will rule that the victim can’t get any money from another party since they are partially responsible. There are other negligence counter-claims that can be defended if this option doesn’t work. The moral of the story is that people who fail to buckle up before an accident will either have a drastically reduced payout, or they won’t get paid at all.

On top of that, the court also goes through a process where the plaintiff has to explain how they mitigated their damages. In a case where the plaintiff was in an accident, the court will ask them what steps they took to avoid the accident. Swerving, applying the brakes, and honking are examples of how someone could mitigate their damage. Most states determine that the failure to wear a seatbelt goes against this idea, and it fails to mitigate the damage of an accident. This is just another way that the failure to wear a seatbelt hurts someone in court.

Now, the previous examples are only the case if the damages were due to not wearing a seatbelt. If the plaintiff was injured in a car accident and it had nothing to do with whether or not they were wearing a seatbelt, these ideas don’t come into play.

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Social Media and Injury Claims

Posted by David Brown 
· August 4, 2020 

Today, there are hundreds of millions of people who use social media on a daily basis. Some of the most common social media platforms include Facebook, Instagram, Twitter, and Snapchat. Social media is a great way to not only go about digital marketing but also keep in touch with family members and friends. At the same time, if a lawsuit unfolds, someone’s social media information could be exposed during potential discovery motions or at trial. Therefore, it is important for everyone to understand how social media might impact the process of an injury claim.

Social media is commonly used during litigation to test the credibility of everyone involved and to vet a potential story. Therefore, everything on someone’s social media profiles might be involved. For example, statements made on social media might be used to prove that someone had prior knowledge of the incident. The timing of social media posts may also be relevant to an accident that might have taken place. Furthermore, social media could even be used to directly attack the character of a witness. For all of these reasons, people need to be cognizant of what they stand for on social media.

A common concern that people have is that they believe their social media information as private as long as they correct their settings. This is not always the case. Once something is on the internet, it is there forever. Furthermore, if there is a discovery motion filed, then the owner of that social media profile might be required to unveil everything on that profile to the other side.

Therefore, one of the common questions that many people have is whether or not they should delete their social media posts in the event of a trial. The answer is that they should absolutely not do this. Otherwise, this could be considered the destruction of evidence, which can significantly damage someone’s case. Instead, it is important for people to practice preventive measures. Everyone needs to think carefully about what they post on social media, knowing that this could be used against them one day. Furthermore, it is even better for people to let their own legal team know what is on their social media accounts. That way, they can plan accordingly.

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Washington State Temporarily Waives Bar Exam Requirements for Young Lawyers

Posted by David Brown 
· July 28, 2020 

The coronavirus pandemic has impacted everyone in this includes the legal industry. When people think about how the legal industry has been impacted by the pandemic, they often focus on virtual court hearings and the impact of people sitting behind bars without access to adequate legal representation. On the other hand, the coronavirus pandemic is also allowing some people to practice law without having to pass the bar exam. Of course, this is temporary.

Traditionally, students spend several years going to law school and studying for the bar exam in order to be allowed to enter the courtroom as a trained, legal professional. Unfortunately, right now, taking the bar exam is a challenge. Standardized testing during the pandemic is hard because students are usually tucked into tight quarters, facilitating viral transmission. Washington State has a desperate need for lawyers right now. Therefore, they have temporarily waived the requirement that individuals pass the bar exam after finishing law school before they are allowed to practice law.

With numerous people allowed to practice law for a short period of time without having to take the bar exam, it will be interesting to see what happens next. Many people have praised the decision from Washington State to allow people to practice law without passing the bar exam for now. On the other hand, there are some people who are concerned that not passing the bar exam might lead to wider disparities in the quality of legal representation that people have access to.

At the same time, it is still important for everyone to make sure that they understand that this waiver is temporary. In the end, students are still going to have to pass the bar exam in order to practice law in the state of Washington and around the country. Therefore, lawyers are still going to be held to the same legal standards as they were in the past. For now, this waiver represents a temporary reprieve for law students who have put themselves through the gauntlet in order to practice law. It is nice that they no longer have to put their careers on hold simply because of viruses prohibiting them from taking the bar exam.

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Understanding Your Personal Injury Award

Posted by David Brown 
· July 23, 2020 

Personal injury claims can result in large settlements. These typically contain numerous types of awards. Each award recoups some of the income lost, enjoyment of life, medical expenses, or damages incurred due to the injury. When an individual or company acts with negligence to cause harm, the injured individual can sue for appropriate and fair compensation. The award may contain any of the following types of compensatory damage awards.

Medical Bills

Typically, you will receive compensation for all medical bills. Keep all receipts and document costs such as medical transportation. The negligent party’s insurance pays out of court settlement’s up to the policy maximum. If you sue and it goes to court, the award may also include out of pocket payments by the injuring party to completely cover the medical costs.

Lost Wages

When you miss work due to an injury, you should document the time you had to miss. Your employer can help you with this. You may claim leave under the Family Medical Leave Act (FMLA), but that leave could be unpaid. You can sue to have your missed time from work compensated. You can also receive compensation for reduced shifts or hours that you took because you could not work a full day.

Non-economic Damages

Also called pain and suffering damages, these include emotional distress, loss of enjoyment of life, inability to partake in previous activities or hobbies, and other intangibles. These injuries typically stem from a court settlement. A judge or jury determines the award. In other situations, a mediator may arbitrate a fair pain and suffering award.

Other Expenses

Due to your injury, you may not capably perform your household duties, requiring you to hire a housekeeper or nanny. You may need a lawn service to mow your yard if you cannot. Those items and others like them you can also receive compensation for in a damages award.

Another type of damages exists besides compensatory. Punitive damages quantify a method of punishing the individual for doing the injured party harm. The arbitrator may negotiate these or a judge or jury may award them. When you read about a lawsuit that resulted in an award of millions of dollars, it probably includes punitive damages. Occasionally, the injuring party appeals an award. The higher court may overturn that of the lower court or reduce the damage award.

Lump Sums vs. Structured Settlements

Smaller settlements may come in the form of a lump sum payment, but large awards may come in the form of a structured settlement. This disburses the payment on an annual or monthly basis so the income flows un as an earned income would have. This reduces the taxes owed on it at both the state and federal level. This provides a steady stream of income so the injured party can pay for ongoing medical care costs.

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Know the Rights of Construction Workers Following an Injury

Posted by David Brown 
· July 21, 2020 

Right now, there is a marked shortage of construction workers in the United States. At the same time, one of the most dangerous professions in the United States is being a construction worker. There are thousands of construction worker fatalities in the private sector every year. This doesn’t even include the tremendous number of workers who are injured every year.

According to statistics related to construction accidents, some of the leading causes of construction accidents include:

  • Slip and fall injuries, including those that stem from falls from great heights
  • Being struck by a falling object
  • Being injured in an electrical accident
  • Being caught in between heavy pieces of machinery

Furthermore, these accidents can lead to a huge number of injuries. Motion injuries, trench collapses, falls from great heights, and forgetting the wear the right protective equipment can all lead to significant injuries. Therefore, it is important for everyone to understand their rights when it comes to construction injuries.

First, everyone has to make sure they seek the best medical care possible for their injuries. This might include a trip to the emergency room or even undergoing a surgical procedure; however, there might be legal avenues to recoup these medical costs in the future.

When it comes to construction worker injury law, there are numerous factors that are going to be involved. These include:

  • The medical aspects of the injuries that someone might have suffered
  • The rules, regulations, and standards that govern this industry
  • Best practices that are put forth not only by the construction industry but also the Occupational Safety and Health Administration

Normally, construction workers are only going to be able to receive compensation if they experience a work injury; however, there are exceptions. Because these medical bills can mount quickly, it is critical for everyone to know about the options that are available to them.

This is where meeting with a trained legal professional can be helpful. In the case of a construction injury, contractors, construction equipment manufacturers, and construction managers might all be held accountable. Therefore, this could dramatically increase the potential award that someone might receive following a construction injury. Nobody should ever feel like they have to go through this situation alone.

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The Process of Subrogation During a Personal Injury Case Is Complicated

Posted by David Brown 
· July 14, 2020 

When someone is involved in an accident that is not their fault, they have the right to pursue a personal injury claim. After all, they did not cause the accident, so why should they be held responsible for their own medical bills? As a personal injury claim unfolds, there might be an issue that unfolds known as subrogation. This is a critical part of navigating a personal injury claim, so it is important for everyone to be familiar with what subrogation is and how this might impact their own case.

What Is Subrogation?

In general, subrogation refers to a legal term that might arise in the event of just about any personal injury claim. If there is an insurance company that pays someone’s medical expenses on behalf of an insured person, this insurance company may claim that they have a right to be reimbursed if someone else is found responsible. It is critical for everyone to read their insurance contracts to make sure they understand what the exact nature of the subrogation agreement is.

How Does Subrogation Impact Me?

If you decide to file a personal injury claim, then you want to maximize the value of any award that you might receive. Therefore, you need to make sure that you file all of your medical bills with either your health insurance company or your auto insurance company. Then, in the event that you are awarded a settlement, all of the monetary settlement is passed on to you. Let the insurance company pursue subrogation but the responsible party later. Furthermore, when you file your medical bills with your health insurance company, they are taken care of as quickly as possible, protecting your credit.

Do I Need a Legal Professional To Help with Subrogation?

Subrogation is only one of the many aspects related to a personal injury case. Therefore, it is important for you to rely on the experience of a trained legal professional who can guide you during this process. Remember that it is normal to feel stressed and worried following a serious accident. On the other hand, you do not have to go through this process alone. There is always a trained attorney to help.

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Correcting Your Medical Record

Posted by David Brown 
· July 9, 2020 

Everyone makes mistakes. This is part of being human. Patients can routinely make mistakes or omit details when they visit the doctor. Doctors can also make mistakes when they enter information into medical records. There are a lot of people who are involved in the process of creating an accurate medical record. There are patient technicians to enter vital signs into the record. There are nurses who collect information and pass it on to the doctors. There are multiple doctors involved ranging from surgeons to anesthesiologists, radiologists, and even primary care physicians who are involved in creating an accurate depiction of what a patient is going through. Unfortunately, because there are so many cooks in the kitchen, errors can happen along the way. Therefore, it is important for you to make sure that your medical record is accurate.

Why Is Accurate Information in the Medical Record Important?

There are numerous reasons why it is important for everyone to make sure that their medical records are accurate. First of all, it is possible that other doctors are going to use information that was written by other medical health professionals to make decisions regarding your treatment plan. You want them to make sure they have accurate details when they are formulating for treatment strategy. Second, if you are ever involved in a legal issue involving an injury or an illness, a lot of the case is going to be based on your medical records. Therefore, it is important for you to make sure that this information is as accurate as possible.

How Can I Correct my Medical Record?

If you spot errors in your medical record, then you need to make sure that you correct them appropriately. Even though you might be tempted to make these corrections yourself, this is not how it should be done. These corrections are only going to be seen as true and valid if they are corrected by medical professionals. Therefore, you need to reach out to the medical provider who wrote the statements in the first place. Then, you should ask them to change or amend your medical record. Be sure that you explain to them why this is important. That way, you can make sure the information in your medical record is accurate.

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