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Fear of COVID-19 Lawsuits is Growing

Posted by David Brown 
· May 21, 2020 

During the past few months, the entire country has been ravaged by the COVID-19 (coronavirus) pandemic. As the country starts to get back to work, many businesses are looking to pick up the pieces as their employees slowly return to their jobs. While some employees might return to work physically, others continue to work remotely. Regardless, one concern appears universal. Many companies are urging the government to put measures into place to shield them from what they are anticipating to be a deluge of lawsuits from both workers and consumers that seek to blame companies for exposing them to the virus in the first place.

Already, court records are showing that a few lawsuits have been filed. Of note, some people have already filed lawsuits against cruise lines, which function very much like universities where people are crammed into tight places, allowing the virus to spread rapidly. On the other hand, many legal experts have already indicated that the threat of this liability is greatly exaggerated. This is because any personal injury lawsuit will have to prove that the individual was actually infected in that business’s physical location. Even as testing continues to ramp up in the United States, proving exactly where someone gets infected is next to impossible. After all, it is hard for doctors to say whether someone got the virus at that company’s location or walking in from the parking lot. When this is added to the fact that the virus could hide for up to 14 days in someone’s body before showing any symptoms at all, the problem becomes even more difficult.

So far, less than 50 of more than 1,000 lawsuits filed regarding this virus were related to personal injury concerns regarding businesses. The vast majority of them were filed against cruise lines. Walmart and senior care centers were also included in these lawsuits. Right now, Congress is busy trying to get another stimulus package completed to protect families and a shattered economy. Given that the government is focused on this issue, it might be a while before the government turns its attention toward lawsuits related to coronavirus.

The goal of a liability shield is to provide businesses with the confidence to reopen without having to worry about lawsuits bankrupting them. On the other hand, a lack of legal protection for Americans returning to work might prevent them from contributing to the economy and resuming their normal activities. It will be interesting to see how the government handles this unique issue. Anyone who has questions about COVID-19 and their options should reach out to trained professionals for guidance.

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Questions to Ask Before Hiring a Personal Injury Lawyer

Posted by David Brown 
· May 19, 2020 

Accidents seem to occur when people least expect them. Without adequate warning, most people end up being shocked. They might not know how to proceed. They could also struggle to cover the cost of their medical care. It is normal to have questions yet it is important to make decisions quickly, including regarding medical care. In this situation, it is critical to ask for the help of trained and experienced legal professionals. On the other hand, how can someone figure out if a certain personal injury lawyer is right for them?

In this situation, it is critical to ask the right questions. This will help someone figure out if they have found the right personal injury lawyer for them.

Available Resources

First, ask the lawyer if he or she is in a good position to handle another personal injury case. If the attorney is experienced, then he or she should know his or her own limits. They know that they are going to have to dedicate their skills, energy, and time to a certain case. The right attorney should not be willing to sign a new client if they are too busy or if the case is outside their scope of expertise. The larger an organization is, the more attorneys they have to handle additional casework.

Area of Expertise

Next, ask the lawyer about the field of law in which he or she specializes. For example, a brain surgeon is not going to be the best person to deliver a baby. In the legal field, the distinctions are similar. Not every attorney is going to have the training necessary to litigate a case involving personal injuries. Therefore, find an attorney who has experience in the field of personal injury law. This will place the case in the right position to move forward.

Prior Cases

Finally, ask the attorney if he or she has litigated cases like this in the past. The more experience an attorney has, the more likely it is that he or she has worked similar cases in the past. Every personal injury case is different. Some cases involve a broken leg while others involve a brain injury. Individuals need to find an attorney who can place them in the appropriate position to receive the right compensation for their injuries.

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Lawsuit Filed in Death of SC Real Estate Executive Is Settled

Posted by David Brown 
· May 14, 2020 

Recently, a settlement was reached in a major case based out of Charleston, SC involving worker’s compensation. In this case, a man was killed in an accident while on property owned by his employer. The settlement is valued at more than $260,000. While the details of the settlement are confidential, the attorney representing the family argued that the employer was responsible for the accident suffered by this individual, which ultimately led to his death.

This incident involved a real estate executive in South Carolina who was killed in a car accident. The accident took place while he was visiting a property that was owned by his employer. The vehicle was found submerged in water that had filled a ditch that was located on the property. Even though the cause of death is likely drowning or injuries sustained on impact, the reason for this accident was never discovered. When the lawsuit was first filed, the allegations made by the attorney for the family were denied. The denial indicated that the executive had no reason to be on that property at the time and, by being on the property, he was acting outside the normal scope of his profession.

On the other hand, the attorney representing the family argued that this man had full access to the property, which was gated and locked. This man was supposed to check in on the progress of the development of this property. Furthermore, the vehicle involved in the accident was the vehicle he used when he represented the company in his work.

In the end, the employer conceded that the man was allowed to go and visit this property even though he was not asked specifically to go to that property on that day. He had also visited the property in the past.

In the end, both parties decided that it was best to settle the case instead of taking the risk of heading to trial. It is beneficial that the family will have some money to cover the final expenses of a loved one who was tragically lost too soon. Hopefully, this family will be able to grieve in private while also cherish the memory of their family member.

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Elmiron Could Lead to Vision Problems

Posted by David Brown 
· May 12, 2020 

Recently, studies have been published showing that a bladder drug called Elmiron could lead to serious eye damage. This medication has been used by hundreds of thousands of people during the past few years. It turns out that medical studies are showing this medication might cause damage to the retina. This is a part of the eye that takes light that enters the eye and changes it into images.

Based on a study that was published in 2018, the data on more than 4 million patients in Northern California was collected. In this study, more than 140 patients were identified who had taken about 5,000 pills of Elmiron over a period of 15 years. Of these 140 patients, more than 90 of them agreed to have their eyes examined by trained medical experts. Of these patients, more than 20 percent of them showed signs of toxicity from the drug Elmiron. The more of this drug patients took, the more likely they were to suffer eye damage.

Some of the signs of eye damage included macular degeneration, vision loss, blurry vision, and something known as pattern dystrophy. All of this indicates that these patients have trouble seeing. This is a major problem for those who take this medication for bladder problems

In total, Elmiron is the only drug that has been approved by the FDA to treat a condition known as interstitial cystitis. This can lead to chronic pain both in the bladder and pelvis area. In total, more than 1 million people in the United States suffer from this condition. Most of them are women. Hundreds of thousands of people take this medication every year.

Therefore, it is critical for anyone who takes this medication to speak with their doctor immediately to see if they should be taking a different medication to treat their bladder concerns. Already, lawsuits have been filed claiming the Elmiron has been a direct cause of their vision problems. If people lose the ability to see, this can lead to serious quality of life issues. Finally, it is important for everyone to know that resources are available for patients who have suffered vision loss due to this medication. Nobody has to face this problem alone.

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A Unique Opportunity for Settlement During COVID-19

Posted by David Brown 
· May 7, 2020 

With the COVID-19 pandemic continuing to impact the country as a whole, there is a litigation environment that is rapidly changing. There are ways to resolve cases that represent wins for both the plaintiffs and the defendants. These are unique opportunities that do not typically exist. Particularly in the corporate world, it is critical to take a look at these cases because they can keep costs down on both sides while still preserving the reputations of all parties involved. There are opportunities available that did not exist a few months ago and are unlikely to exist in the future.

First, corporate defendants should consider settling cases when the cost of putting up a defense exceeds the amount that is being discussed by the parties involved. Settlement in these cases is simply better for the corporation’s bottom line while the plaintiff still receives some sort of compensation during a time that is turbulent financially. If the corporation has been fighting in an effort to avoid future claims, this settlement does not indicate any sort of admission of wrongdoing, which is important moving forward.

Furthermore, corporations are more likely to receive a settlement that is favorable to them. Unemployment claims are going through the roof and it is likely that plaintiffs are trying to find a new job. They will be appreciative of any money they can receive in this situation. Therefore, settling for a lower number might be possible in this environment.

Furthermore, many corporations are feeling the impact of an economic downturn as well. If any party is vulnerable to bankruptcy, including the corporation, plaintiffs might be willing to take a lower settlement to avoid the uncertainty of trying to recover money from a company that has declared bankruptcy. Sadly, companies are going bankrupt, including J. Crew, the renowned clothier that recently filed for Chapter 11.

With the uncertain legal environment, it is important for corporations to look at all of the options available to them. If there are cases that are being handled by the same plaintiff attorney, then it would be a good idea to try to resolve a large volume of them now. If a corporate defendant is able to pay quickly, then a large number of cases could be settled at a lower price.

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The COVID-19 Pandemic Has Precipitated a Flood of Lawsuits

Posted by David Brown 
· May 5, 2020 

Without a doubt, the COVID-19 pandemic has taken the world by storm, impacting every sector of the economy across the country. This includes the legal industry, where a flood of lawsuits has been filed related to the pandemic. It is important to take a look at the various types of arguments plaintiffs are making in these cases, as they might give people a window to look through as the legal system tries to set some sort of precedent as it relates to the pandemic.

First, there are lawsuits being filed against cruise lines. Numerous plaintiffs have filed lawsuits against these companies, alleging that they unnecessarily exposed people to the virus. During the past few months, there have been a few cruise ships that have been prevented from docking as local authorities tried to figure out how to handle the situation. Meanwhile, there might have been positive cases on board the ship. Given the demographic of cruise line passengers, particularly during this time of year, passengers are saying that they were particularly vulnerable to the virus and if the cruise line had taken better actions to try to get them off of the ship, infections could have been prevented.

Another category of lawsuit involves video conferencing technology. Many people are being forced to work from home and communicate remotely. Zoom has come under fire recently for breaches of data privacy. The practice has even been called “Zoombombing.” Anyone with the URL link to a meeting can join (under the default settings), so the plaintiffs are alleging that this exposes them to people who are trying to steal their data. Since this practice became widely known, people are taking better actions to protect their virtual meetings.

Finally, there are class action lawsuits being filed against universities as well. Students are alleging that they should be reimbursed for tuition, fees, room and board, and other expenses because they are no longer physically on campus. Therefore, they are not able to access the facilities for which they are paying fees. Given the number of lawsuits that have been filed, we are standing by to see how these cases are decided. It could impact how higher education is handled in the future.

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Getting a Compensation after a Car Accident: What is the Multiplier Method?

Posted by David Brown 
· April 30, 2020 

If you have been injured or experienced emotional distress in a car accident because of someone else’s negligence and carelessness, you have the right to seek compensation. But how can you calculate your total compensation? While some damages are pretty easy to evaluate, others are a lot harder to calculate and justify.

To determine the amount of damages and pain is difficult because of many different factors. The method most lawyers and insurance companies use is called the “multiplier method”. It helps to determine the value of damages, including pain and suffering.

Economic And Non-economic Damages

If you had been involved in a car accident, you will most likely experience both economic and non-economic damages. Economic damages are all material losses that you have sustained because of the accident. For example, medical expenses, including emergency room attendance and physical therapy, are economic damages. Economic damages are usually easy to calculate because they are concrete and documented. Non-economic damages are those that do not have an inherit dollar amount. They include emotional suffering and mental traumas caused by a physical injury. Since there is no record or corresponding bill, it is harder to calculate non-economic damages and put a price on them.

Surprisingly, there is no strict mathematical formula to calculate non-economic losses. It is up to you as a victim, your lawyer, and other involved parties to decide what is fair compensation for this type of damage. In some cases, a jury will decide what you deserve.

The Multiplier Method

The multiplier method is a technique that insurance companies use to calculate pain and suffering damages. It uses the number between 1.5 and 5 which is chosen depending on how serious the injury. For example, if you have experienced a severe, life-threatening injury, the number should be close to 5, while minor injuries would get 1.5. There are also numbers 6 and 7 for extremely serious injuries. In order to determine the appropriate number, you should consider the following factors:

  • The fault of other drivers involved in the accident
  • The seriousness of the injuries
  • The presence of verified documents proving your injuries and suffering
  • Recovery period.

Why Do You Need an Attorney

An experienced attorney will help you to decide on your multiplier, gather evidence of the injuries, and maximize your claim. Having an attorney is the best thing you can do to understand the legal process and build a strong case.

 

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Washington Civil Statute of Limitations

Posted by David Brown 
· April 28, 2020 

Statutes of limitations are time limits that determine how long you have to file a lawsuit. The limit is intended to preserve the integrity of evidence.

The Washington Statute of Limitations states that personal injury claims must be filed within three years. The same limit applies to trespassing and fraud. For debt-collection, the limit is six years. If the plaintiff misses the time limit, the statute of limitations can be used as defense against them. The court will dismiss the case.

What Happens If You Miss the Deadline?

The statutes of limitations are a fixed rule and not a suggestion. The time limits imposed by Washington state are mandatory. If you miss the deadline, you will be unable to get compensation for your injuries.

What Are the Exceptions?

There may be a few exceptions to the time limits. Speak to your attorney and find out if your case may be exempted. The rules for medical malpractice and cases against public institutions may also be different. If you plan on suing the federal government, the ‘Federal Tort Claims Act provides special requirements.

The Time Limits on Lawsuits

The countdown to your time limit starts immediately when the claim arises. It is the moment when a plaintiff first had cause to sue the defendant. If, for example, you plan on suing someone for inflicting personal injury through assault, they have two years from the date of the incident to file a lawsuit.

The details of statutes of limitations may change often. Different courts may have different interpretations of the same statutes. Some of them can make entire statutes or part of them inapplicable to certain cases. Your lawyer can help you interpret the details of the law and understand the time limits that apply to your specific situation.

If action is against the government, different rules may apply to you. Your lawyer will guide you through the specific procedures that apply to federal cases.

Basic Time Limits

  • Three years for fraud
  • Three years for personal injury
  • Six years for rent collection
  • Three years for trespass
  • Two years for slander/libel
  • Ten years for judgements
  • Three years for personal property damage

In conclusion, the law can be complex. Even though the statutes of limitations are stated clearly, their implementation may vary depending on implementation.

 

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Has Medical Malpractice Taken Place at a Local Hospital?

Posted by David Brown 
· April 23, 2020 

During the COVID-19 pandemic, hospitals have been overworked, causing many to wonder if they are still receiving the care to which they are entitled. For those who are wondering if medical malpractice might have taken place, there are a few warning signs that everyone should note.

First, there cannot be medical malpractice without some sort of harm or damage taking place. A doctor might deviate from the expected standard of care; however, this doesn’t mean that medical malpractice has occurred. Unless there is some sort of harm to the patient, there cannot be medical malpractice.

Of course, hospitals are more likely to make a mistake in certain situations. If the hospital is understaffed for the number of patients they have, this could lead to a serious mistake. Some of the most common mistakes that stem from medical malpractice include prescribing the wrong medication, not reading charts properly, forgetting to check in on patients, and prescribing the wrong dose for a given medication.

In other cases, medical malpractice might be revealed when a second opinion is markedly different from the first one. Many patients end up seeking a second opinion to make sure the first one was correct. While the second opinion isn’t always going to be identical, it also shouldn’t be wildly different from the first one. If the second opinion is way different, it is likely that one of the doctors was mistaken. Again, this cannot lead to medical malpractice unless there was some sort of harm.

Finally, some patients think that they might be receiving a treatment they don’t need. Maybe the treatment isn’t working correctly or a patient was subjected to a treatment that was invasive when, in reality, it wasn’t necessary. In this case, medical malpractice might have taken place.

While medical malpractice isn’t common and the vast majority of doctors will advocate for the best interests of their patients, this isn’t always the case. It is important for patients to make sure they request copies of their medical records so they can be examined for signs of medical malpractice if something has gone wrong. Every patient deserves to be protected by the doctors who take care of them to the best of their abilities.

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Don’t Overlook the Neck Following a Concussion

Posted by David Brown 
· April 21, 2020 

Traumatic brain injuries are one of the most serious injuries that someone can sustain. There are numerous types of traumatic brain injuries and they can range widely in severity. Recently, a research paper was published showing that neck injuries can accompany a traumatic brain injury. Often, when the symptoms of a traumatic brain injury are slow to heal, it might be because injuries to the neck, including the cervical spine, might have been overlooked. If an injury to the cervical spine is missed, it could explain why symptoms following a traumatic brain injury, such as a concussion, might be slow to heal.

In a research paper published in the Journal of Sports Medicine, Dr. John Leddy shows that traditional symptoms that have been ascribed to brain injuries could also be due to an injury of the neck, specifically the cervical spine. Many of the symptoms that arise following a blow to the head can also be a sign that nearby structures could have been harmed. Some of the examples include the TMJ (located in the jaw), the vestibular ocular system (which can impact balance and vision), and the neck. Addressing neck injuries could even lead to a faster recovery from a traumatic brain injury. He even posited that a randomized controlled trial should be conducted using this hypothesis.

Regardless, anyone who suffers a blow to the head must also have the neck evaluated as well as the head. One vulnerable structure involved in many concussion injuries, as well as other TBIs, is called the Craniocervical Junction, often shortened to CCJ. This structure rests at the inferior surface of the skull. It plays a vital role in the stability of the neck and head. An injury to this area could alter the way blood flows throughout these structures, making the symptoms of a concussion worse. Some of the most common symptoms that people note include difficulty seeing, headaches, dizziness, poor concentration, and fatigue.

Finally, it is also incumbent on patients to be aware of these symptoms and to know when to see a doctor. The faster a head or neck injury is diagnosed, the sooner it can be treated properly. In the future, it will be interesting to see if researchers take up the mantle of this hypothesis and test it. It has the potential to improve outcomes following a head injury.

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