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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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Washington Workers Sue for Unemployment Delays

Posted by David Brown 
· July 7, 2020 

After country-wide layoffs, tensions have been high. That’s no exception for workers in Washington. Two laid-off workers decided to take it to their state’s Supreme Court to get things settled.

McKeezi Barraza and Marianne White decided to do something about it. Barraza got laid off back in March due to the coronavirus pandemic.

He started receiving his unemployment before it was randomly stopped in late May. He wasn’t alone. There were hundreds of thousands of employees in the same boat.

Of course, bills and rent don’t cease to exist just because unemployment payments stop. This, along with White’s plea, is asking for the release of the funds that were frozen. They aren’t looking for anything excessive, just the money that is due to them.

Lawyers who took on this case are from the Unemployment Law Project. They believe that this case can help free up the funds of many Washingtonians whose unemployment was abruptly frozen.

Commissioner Suzi LeVine claims that the freeze was due to a massive surge in fraudulent claims. Even so, that was months ago, and these unemployed citizens are still not receiving the money they were promised.

LeVine cites that nearly $600 million was paid out due to fraudulent claims, and that’s why this freeze took place.

Across the nation, unemployment offices have been swamped with numbers that they’ve never seen before. As agencies are scrambling to help everyone, they are being met by cybercriminals looking to take advantage of the system.

It’s an unfair turn of events. Hard-working people who were laid off are losing their opportunity to collect unemployment thanks to a group of people who made fraudulent claims.

Washington’s Supreme Court is being urged to act quickly due to the stakes of the situation. The team at Unemployment Law Project says that there is no time to waste here – people’s financial situations are very fragile right now and they need to receive the unemployment payments they qualify for.

It’s not hard to imagine that the unemployment seekers are looking for a fast payout. As the due date for bills approaches, this is no time to withhold legitimate funds that are owed to the citizens of Washington. Especially as time drags on and the pandemic continues to ravage the country.

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The Most Common Types of Personal Injuries

Posted by David Brown 
· June 25, 2020 

If you or your loved one had been injured due to someone’s failure, there is the possibility of a lawsuit and compensation for your physical and even mental damage. Here is the list of the four most common injuries that occur every day:

Car Accidents

Unfortunately, roads are not always safe and there are always careless and reckless drivers. If you are involved in a road accident because of one of them, you can always claim for car accident compensation for the injuries you had received. Car Accidents are the most common type of personal injures in the United States.

Medical Malpractice

Personal medical injuries are also quite common. They occur when a medical professional makes a mistake. Among the most common medical mistakes are surgical errors, medication errors, and misdiagnosis. There are approximately 225,000 people die from some form of medical malpractice in the United States every year, and only 2% of patients suffering from medical mistakes file claims for compensation.

Wrongful Death

Unfortunately, in many cases, personal injuries might lead to wrongful death. It is a situation when someone dies due to someone’s carelessness or negligence. A wrongful death lawsuit can be brought against anyone, including careless drivers, medical professionals, and manufacturers.

Slip and Fall Accidents

If you fell or slipped on someone else’s property and injured yourself, you can legally sue the property owner for a physical injury that you had received. If he is found guilty in causing the accident and injury, he will have to pay for your medical bills. The statistics say that between 20% and 30% of people experienced fall and slip accidents have moderate and severe injuries.

Personal injuries of any kind are very common and happen to anyone anytime. However, it does not always mean that you have to be financially responsible for them. In most cases, if someone else is liable for your personal physical injury, you will be able to claim and receive compensation that will cover your medical expenses and bills. However, in order to make sure you are doing everything right, it is recommended to hire an experienced lawyer, who will take care of the case for you.

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Addressing the Legal Landscape of Class Action Lawsuits Related to the COVID-19 Pandemic

Posted by David Brown 
· June 23, 2020 

Everyone has been impacted by the COVID-19 pandemic, as this has thrown individuals, families, and every business industry into a state of disarray. One of the consequences that will likely develop includes the filing of class action lawsuits stemming from the COVID-19 pandemic. Those who are looking to file lawsuits related to this virus need to exercise caution and prudence, as this is uncharted territory for which proving a legal precedence will be challenging.

There are experienced lawyers who have offered up some opinions related to how these class action lawsuits related to the COVID-19 pandemic are likely to proceed. First, it is important to note that class action lawsuits generally proceed in the same manner as any other lawsuit; however, because they are much larger in scale, there are major policy questions that will have to be answered. There are usually legal principles that are flexible enough that they can be used to apply to larger issues, such as a class action lawsuit related to the COVID-19 pandemic; however, the current climate will make this application more challenging.

Some of the traditional tort principles that lawyers use when it comes to the standard of care are going to be tested when it comes to lawsuits related to the COVID-19 pandemic. For example, when it comes to COVID-19, the changing circumstances are going to make determining what information applies, and when, that much harder. Therefore, lawyers need to remain in the moment, ask what information was actually present during that time, and then decide if all parties involved acted appropriately.

One of the other complicating factors related to lawsuits due to the COVID-19 pandemic includes the role of the government. Already, there are class action lawsuits that have been filed in the United States. The role of government lockdowns, business shutdowns, and more are going to raise serious questions related to who is liable for damages stemming from the COVID-19 pandemic. These are important issues that lawyers are going to have to address as they figure out how, where, and when to file these lawsuits. This is uncharted legal territory and everyone has to make sure they prepare as well as possible.

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Substantial Settlement Approved in Personal Injury Case Stemming from Slip and Fall Accident

Posted by David Brown 
· June 18, 2020 

Personal injury cases are a major concern in society, as people can get hurt at any time, being left with mounting medical bills that they might not be able to claim. Recently, city commissioners in the city of Tallahassee approved a settlement of close to $250,000 for a man who tripped on a city sidewalk several years ago. While a trip and fall accident might not sound like a big deal, he was left with numerous head issues after he struck his head on a sidewalk. While he was treated at an emergency room in the local area and was later released, he went on to develop severe health complications. Some of these included balance issues, headaches, and repeated falls that ultimately led to the diagnosis of a traumatic brain injury.

He returned to the doctor’s office and was diagnosed with a large subdural hematoma, which is a bleed in the brain, and required emergency brain surgery. He subsequently developed blood clotting issues that damaged his renal artery, compromising both his spleen and kidneys, leading to further medical expenses.

As a result, this man was forced to undergo four separate surgical procedures. He even had to have a stent placed in his renal artery on the right side. Based on evidence that was introduced, his medical expenses totaled more than $235,000 and, because there is no cure for his conditions and complications, he is expected to incur substantial medical complications in the future as well. As a result, this man filed a lawsuit against the city, claiming they were responsible for the severe state of disrepair of the sidewalk where he tripped. The lawsuit was seeking damages related to current and future medical expenses, lost income, emotional distress, and numerous other damages that are recoverable under laws in the state of Florida.

This personal injury lawsuit highlights the severe medical complications that could befall someone following a slip and fall accident. It is important for everyone who suffers a serious fall to seek medical care immediately. Finally, everyone should remember that they are not alone. There are always trained professionals who are willing to lend a helping hand to those in need.

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How Does COVID-19 Impact Personal Injury Cases?

Posted by David Brown 
· June 16, 2020 

Nearly everyone has been impacted in some way by the COVID-19 pandemic. It is important for people to understand how this might impact the legal industry because the pandemic could have a major impact on the legal landscape. The reality is that even though COVID-19 has shut down the workplace, many people are going to continue to suffer injuries at work, in slip and fall accidents, and in car accidents. While someone can still bring a personal injury claim seeking compensation for their injuries, the COVID-19 outbreak has impacted the court system significantly.

The Courts Are Shut Down

Like many other areas, the courts have closed except for cases that involve emergencies. This means that many cases, including criminal cases that usually have priority, are being pushed back. If there is an emergency hearing that has to take place, particularly one that involves medical treatment for someone, this is being heard on an emergency basis. This means that people are basically going to virtual court, where both sides will present their arguments over video conferencing technology. Then, the judge will issue his or her decision. Because personal injury cases are rarely seen as emergencies, they are being pushed back.

Personal Injury Cases Are Being Delayed

Because personal injury cases are not seen as emergencies, they are being delayed. What does this mean for the people involved? The biggest impact is that any trial is going to be delayed significantly. It is incredibly difficult to hold a trial over video conferencing, particularly when it comes to the jury. As a result, it will take a long time for personal injury cases to see the inside of a courtroom. This means that it is more likely that these cases are going to be settled. The two sides have more time to come to an agreement, so settling is simply more likely.

The Process Is Not Efficient

Now, this doesn’t mean that personal injury cases are going to be resolved quickly. With more time to settle, both sides have more time to prepare their arguments, find evidence, and try to strengthen their position. Therefore, anyone who is filing a personal injury case during this time has to be ready for the long haul.

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An Overview of the Process of Mediation for a Personal Injury Case

Posted by David Brown 
· June 11, 2020 

When someone files a lawsuit for a personal injury, they are seeking compensation for a few specific damages. This includes medical bills that stem from the injury, any time that might be missed from work, and any damages related to pain and suffering. While both sides might posture during the negotiation process, the reality is that nobody wants to go to trial. If the two sides cannot come to an agreement, then one option that could be used to avoid a trial is called mediation. It is important for everyone to know what will happen when a mediator is used.

What Is Mediation?

First, it is important for everyone to know what mediation is. This is a process where a neutral party is used as a third party, essentially acting as an impartial, objective expert to help understand where both sides are at, what the differences are, and how they can be resolved as quickly as possible. Since neither attorney is impartial, it might be hard for them to put themselves in the shoes of the other side. This is where a mediator can be helpful. If a mediator is used, it is important for people to know what is going to happen and how this process is going to unfold.

What Happens During Mediation?

Usually, the two parties are going to be in separate rooms. The mediator is going to go back and forth, talking with each side, trying to figure out what is up for negotiation and what the sticking points might be. Sometimes, the clients are there with the attorneys. Sometimes, they are at home. Usually, the attorneys will do all the talking. The clients are usually just there to observe. If an agreement is reached, then the two parties will come together, make sure they agree on the same thing, and the case will be settled.

Is a Settlement Always Reached?

The reality is that the chances of settling a case with mediations are higher than settling a case without mediation; however, it isn’t always possible to reach a settlement even if mediation is used. Therefore, it is important for everyone to go into the process of mediation with an open mind.

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ADT sued after its employee spied on more than 200 customers on security cameras

Posted by David Brown 
· June 9, 2020 

Two proposed class-action lawsuits were filed in U.S. District Court in Fort Lauderdale, FL on behalf of hundreds of ADT Security Services customers and others living inside their homes, including minors. They may have been victimized by an ADT employee, who had access to over 200 ADT accounts and security cameras of the ADT customers. He had been spying on them in their most intimate and private moments for seven years. The incident had affected customers from the Dallas-Fort Worth region – one of the larger ADT markets in the United States.

According to the lawsuits filed on May 18, 2020, the privacy of customers was breached because ADT did not follow the basic multi-level security procedures, such as text alerts and dual authentication when someone accesses the accounts. The company failed to provide protection of its customers’ privacy by allowing one of its employees to have access to both inside and outside security cameras in people’s homes. During his visits to customers’ houses, a technician from Dallas was adding his personal email to the accounts of the customers, which allowed him to log in, watch private video streams, and record them. He was also able to download the videos and images. The truth was revealed when one of the customers found the technician’s email in the list of the approved addresses given permission to access their security cameras. The customers were notified about what happened by ADT itself.

The lawsuits were filed to make sure that ADT will do its utmost to improve the safety of their system and regain the trust of their customers again. Each lawsuit seeks $5 million, along with interest. The company’s representatives said that they had already taken immediate action and put measures in place in order to prevent this from happening ever again in the future. They also pointed out that they deeply regret what had happened to over 200 of their customers. They added that they are supporting the investigation of their employee and are doing their best to bring justice to those ADT customers who were affected by the employee’s improper actions.

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