The End of Lawyer Complications

By on 12-22-2017 in Substituting Attorneys

I’ve never had a need for a lawyer, but I’ve always been fascinated by the profession. I think fascinated is the right word, since I’ve done more than just watch shows and movies about lawyers, I’ve done a decent bit of research into the actual profession itself. Now, I don’t want to claim that makes me a legal scholar. In fact, I’ve done very little research into the legal side of things. I find the law boring and complicated. (This is probably why I’ve made no effort, despite my fascination, to become a lawyer).

I find lawyers, though, very interesting. It’s such an important career in our society, and yet it’s one that we tend to only occasionally give much credit to. Think about this: could we have a financial system at all without lawyers? I don’t think so. And that doesn’t even begin to consider how important lawyers are to the legal system itself. Most people in Congress are also lawyers. Lawyers are the lynchpin of our whole society.

So, they’re fascinating, and I’m fascinated. Recently, I discovered an interesting fact about lawyers I want to share: you can fire them quite easily. I think most people assumed you could fire your lawyer, but I at least had always thought it would be a complicated, expensive process.

That’s not the case, at least when it comes to personal injury law. According to Hach & Rose, LLP, firing your lawyer is almost as simple as firing…anyone, really. They do recommend you have another lawyer already prepared to take over for you so there’s no downtime in your case, but otherwise, you can just get rid of your lawyer.

In fact, switching lawyers is free when it comes to personal injury cases. Because your lawyer only gets paid at the end of your case out of your settlement, you don’t owe anything more to anyone for making a switch.

Further, changing lawyers is fairly painless when it comes to your case as well. It won’t delay your case if you do it right (get a replacement first), and it has been shown to lead, at least sometimes, to better outcomes.

Why should you switch your lawyer? I guess you could do it just to be arbitrary, but it sounds like from that article I linked to that some lawyers can be stubborn on strategy or else pretty bad communicators. I suppose it must be fairly common for people to get frustrated by overworked lawyers that aren’t making a priority out of getting a good result for their case.

Anyway, I’d always wondered what happens when you get a lawyer who just isn’t up to the quality you expect. Obviously, someone with a lot of money could get rid of a lawyer, but I didn’t know just about anyone could pull it off. It’s nice to know the legal system—so famously complicated when it comes to just about anything—is nice and straightforward on that point at least.

My Airline Story

By on 11-20-2017 in Personal Injury

I’ve got a story, and it’s just too good not to share, even if it is a bit painful to recount (literally! as you’ll see).

The short version: I got bit by a dog, but not where you’d expect (in a yard or something), but on a plane, and all because someone else got hit by a train.

Okay, long version. I was flying to Florida for a bit of a vacation. I only had four days off, but I’ve worked hard recently, and I have a little extra money, and I decided that for once, I wasn’t going to spend it all on Christmas presents, I was going to give myself a present and have a rest.

So, off I go to Florida. Now, on the flight, there was a cute little dog. The owner boarded and it turned out the dog was sitting next to me. Great, I love dogs. The owner was nice, I asked if I could pet the dog, The nice owner said the dog was nice. Great, hi doggy doggy doggy, *bite*.

I don’t want to exaggerate and say there was blood everywhere, but…there was blood everywhere. Not flying at the windows like a horror movie everywhere, but I soaked through a few napkins.

The flight attendants removed me and the owner and the dog from the flight. There was a doctor on staff at the airport who looked at my hand and said I wouldn’t need stitches.

The lady who was the owner was incredibly apologetic. Oh, Rex (it wasn’t Rex, but I don’t remember the dog’s name), Rex never bites anyone. He’s never done it before. It’s only because there’s so much stress going on.

She then told me the reason Rex was flying for the first time was that down in Florida her brother had just been hit by a train. Her brother, apparently, was stopped at a crossroads waiting for a train to come, when someone who wasn’t looking rear-ended him and pushed the front of his car on the tracks just as the train came.

He luckily was okay, but he has some broken bones, he’s been in the hospital, and his nice sister was bringing his dog (apparently Rex was his before he moved) down to visit to cheer him up.

Well, the story was so nice, it was hard to stay mad, even if my hand was mutilated. I was advised, I don’t remember by whom, that I did have the right to press charges or to sue for personal injury or something, but I didn’t want anything to do with that.

Thankfully, the airline was quite helpful as well. They had room on a later flight for me, the owner, and Rex, which we all gratefully accepted. Although I did make a point of asking to sit as far from Rex as possible.

Your Car May Be Recalling

By on 9-24-2017 in Car Accidents

Soon, almost 2 million VW vehicles in China will be recalled due to wrongly installed fuel pumps. The fuel pumps, which are linked to the electronic components of the car, would send out signals that could cause the engine of the car to stall while driving. Several makes of cars are affected: the Magaton, CC, and Passat vehicles from throughout the past ten years will need to be brought back in for repair. VW discovered the defects last year after Chinese investigators began taking a closer look at their vehicles.

This isn’t the first recall started by VW this year. In March, investigators discovered a problem with coolant pump capable of setting engines on fire in certain Audi models. The company recalled over half a million cars due to the error. And in May, another half a million cars had to be brought back in because of headlight problems.

These aren’t the recent major recalls. In fact, it seems that car companies discovering unnoticed flaws in their companies is a near monthly experience. Just a few weeks ago, Ram had to recall 490,000 trucks because of a fire risk. Chrysler had to put out a notice because of a seatbelt issue they discovered in 60,000 cars that would cause the belts to become spontaneously unlatched. And Mazda also had to bring back 60,000 cars that had defective power steering. And a study by the Center for Auto Safety found that a quarter of the cars sold by used car dealer Carmax had a notice out for a safety recall.

Many recalls are not for significant problems. None of the defects in the previous recalls have to lead to serious accidents. Car companies are generally very fastidious about safety inspections- their reputation depends on it! But still, accidents caused by defective vehicles are still common enough for lawyers like the Chicago personal injury attorneys Karlin, Fleisher, & Falkenberg to offer a section on their website detailing it.

So what can you do to make sure your car is safe? Unless they’re because of very serious accidents or defects, it’s unlikely that news of a car recall will be widely spread (and news of those will only spread after it’s too late and an accident has already occurred). Car manufacturers will, of course, try to get in touch with the owners of the recalled models, but with how often cars are bought and sold used, it may be hard for them to track down. There are a few things you can if you’re worried about a car defect. First, take it to a mechanic to see if they can find anything wrong. Second, you can search the internet for your vehicle make/model/year to see if any news of a recall pops up. And finally, there are a multitude of websites online that let you search by VIN to see if the manufacturer is recalling your car. Good luck and stay safe on the road!

Can you really trust your doctor?

By on 8-26-2017 in Medical Malpractice

The trajectory of modern medicine is complicated. Communities trust and spend money on doctors to take care of us and give us advice on how to take better care of our health. However, what do we do when the doctor is wrong? Who do we blame? A family in Scranton, Pennsylvania has filed a lawsuit on behalf of a mother of two who died five years ago of an allegedly misdiagnosed heart problem. The medical malpractice lawsuit was filed against Geisinger Community Medical Center and two physicians for a requested $3.5 million in compensation for her death.

The settlement terms were approved recently in a Lackawanna County Court hearing, presided over by Judge James Gibbons. The administrator of the deceased individual’s estate, Thomas Coleman (on behalf of Kristine Coleman) filed the lawsuit against GCMC and the doctors, Chua Fe Huang and Paul  Dubiel in January of 2014. The lawsuit alleged that the doctors misdiagnosed his wife’s heart condition, which turned out to be fatal. Kristine Coleman died on February 21, 2012.

According to the reported story in The Times-Tribune, Kristine Coleman, a dietary technician at Allied Services, was admitted to the medical facility on February 6th, which was only a couple of weeks before her death at age 41.  The patient was complaining of severe pain in her left shoulder, which was radiating down her arm. For many in the medical profession, severe shoulder pain with these symptoms is often a strong signal of heart problems. GCMC did order a cardiac evaluation and catheterization to check for blocked arteries, but Dr. Huang canceled the testing and failed to reschedule it. Her family has argued that this test would have been able to identify the cardiac issues that the patient was suffering from, and that she would most likely not have died if this test had been performed as ordered. 

Kristine was again admitted to the hospital on the night of February 20th, again complaining of pain in her left shoulder and arm, and this time with the added symptom of shortness of breath. The ER physician on duty at the time, Dr. Dubiel, did not promptly identify the signs of a heart attack and misdiagnosed her illness as pneumonia. The patient passed away within six hours after going into full cardiac arrest, which was confirmed during autopsy as an undiagnosed heart attack that lasted for days.

According to the settlement’s court documents, insurers for the practice and the doctors named in the suit will pay 2 million dollars. The remaining 1.5 million dollars of the wrongful death settlement will be paid from the Medical Care Availability and Reduction of Error Fund (MCARE) set up by the state to help doctors who have been accused of malpractice pay the claims against them.

Although the settlement will provide some level of compensation for the deceased individual’s family, it will not replace the loss of companionship and parental care that they had suffered as a result of the doctors’ failure to correctly diagnose her condition before it was too late.


Controlling Dust: A Key Step in Improving Air Quality in Manufacturing Facilities

By on 6-24-2017 in Clean Air Solutions

Implementing a comprehensive dust or weld fume collection system has become a major responsibility and a must for manufacturers to enable them to keep up with changing air quality regulations set, specially, by the Occupational Safety and Health Administration (OSHA).  One example of a recently changed air quality regulation is on the collection of silica dust as scientific evidence has shown that the previous limits on silica dust were not keeping workers safe. The changes made, according to OSHA, may just be able to prevent 600 deaths and 900 new cases of silicosis each year.

One key step in improving air quality in manufacturing facilities is controlling dust. Good air quality leads to increased worker productivity and other benefits, including less absenteeism and lowered workers’ compensation claims (which translates to lower insurance premiums manufacturers will need to pay).

Aside from safeguarding the health of employees, a recent study on the impact of indoor air pollution on worker productivity has shown a 4.2% improvement in productivity when air pollution was reduced by 10 ppb (parts per billion); on the other hand, poor indoor air quality has consistently resulted to  six added lost workdays per year for every ten employees.

Poor air quality due to dust and weld fumes causes irritation to the eyes, nose, and throat, and respiratory ailments (some of its effects are much more serious and deadly, like cancer). No worker should have to suffer or be rendered incapable of doing his or her job simply due to a manufacturer’s failure to comply with OSHA’s clean air mandates in the workplace. Thus, in order not to be caught off-guard and in violation of OSHA mandates, which can most likely result to fines, lawsuits and reputational harm, many manufacturers have made the wise decision of investing in a comprehensive dust or weld fume collection system that will remove harmful contaminants from the air.

One type of a comprehensive dust or weld fume collection system that majority of manufacturers have invested into is the Fusion Series system from RoboVent. With powerful blowers and cutting-edge filter designs, this dust collection system has helped in assuring and maintaining clean air in manufacturing facilities, from the automotive industry to heavy manufacturing.



Why You Should Get a Designated Driver When You are Drunk

By on 3-24-2017 in Drunk Driving

Why You Should Get a Designated Driver When You are Drunk

Alcohol is one of those things that compromise your safety on the road. They are up there with fatigue, recklessness, distractions, and drugs. The worst thing about alcohol is that it can negatively affect your physical and mental state.

Physically, you will not have the proper body coordination that you will need to drive safely. Mentally, you will not have the proper comprehension and judgment skill levels to respond to road stimulus. This puts you at risk of traffic accidents.

There is one effective method to avoid drunk driving, and that is by designating a driver. A designated driver is someone who has agreed to be with you on the drinking event, but this person doesn’t consume anything that can cause impairment, such as alcohol or drugs. This ensures that you and your buddies will have a driver when all of you are already physically and mentally influenced by alcohol.

You can ask a person who really doesn’t drink alcohol to come with you, draw lots with your buddies, or take turns on who is the one who is skipping alcohol and driving everybody home. It is also ideal if this person can stand up for himself. He should be someone that can deny or fight you, in case you insist that you can drive.

If you are drunk, you will also have the tendency to be more reckless, so it is best if this person can take the vehicle keys away from you as far as possible. To prevent fights, it is even better if you just give the vehicle keys to this person even before you go out drinking.

Getting a designated driver keeps your mind at peace, that you are going to go home safely and you will not be forced to drive because you do not want to pass out on the street and wake up embarrassed. It can also save not just your life, but also the lives of other motorists that may get involved in the accident you can trigger.

You can also get charged with DUI. According to the website of Truslow and Truslow, the legal limit of blood alcohol content is at 0.08 percent. Drunk driving convictions may result into fines, license suspensions, and worse, jail times.

Most Common Causes and Types of Repetitive Motion Injury in Construction Works

By on 8-07-2016 in Uncategorized

Repetitive motion injury, also called repetitive motion disorder (RMD), repetitive strain injury, or cumulative trauma disorder (CTD), is a musculoskeletal disorder which affect joints, muscles, tendons, ligaments, nerves, and blood vessels. It is one of the most common injuries in the U.S. suffered by those engaged in construction work, meatpacking, playing musical instruments, sewing, assembly line work and computer work. Repetitive motion injuries in construction work are usually due to a combination of any of the following risk factors: forceful exertions: awkward postures: static postures: mechanical compression of soft tissues in the hand against ridges or edges; fast movement of body parts; vibration while using power tools; and, lack of sufficient recovery time, like breaks and days off.

The most common types of repetitive motion injury are tendonitis, rotator cuff tendonitis, tennis elbow, golfer’s elbow, carpal tunnel syndrome (CTS), thoracic outlet syndrome, trigger finger, Raynaud’s syndrome,Bursitis

A repetitive motion disorder most commonly affects a worker’s hand, wrist, elbow, or shoulder; however, it can also affect the neck, back, hips, knees, legs, ankles and feet. Many managers are fast in denying employees’ application for Workers’ Comp. benefit, if the injury complained about is a repetitive motion injury. This is mostly due to the absence of visible signs which will clearly and easily manifest the existence of the injury complained about.

According to the law firm Crowe & Mulvey, LLP, many construction jobs involve repetitive motions on a daily basis, sometimes continuing for hours. If an employer fails to ensure that proper safety procedures are followed and does not provide proper accommodations, these jobs can easily cause a range of repetitive motion injuries, all of which can cause workers too much discomfort and pain. There are also cases wherein this injury can become so serious, making a worker incapable of performing his/her job, resulting in loss of income which can be critical for the support of the worker and his or her family.

If a worker believes that he/she has developed a repetitive motion disorder, he/she should neither give up nor dismiss any attempt to seek compensation. Seeking assistance from a highly-skilled personal injury lawyer or repetitive motion injuries attorney may prove to be advantageous in pursing legal action.

Elder Issues – Hospice Care

By on 3-14-2016 in Hospice Care

When someone is nearing death in their final stage of a chronic illness, it can be extremely difficult for their loved ones to cope. It’s a dreaded time that can be impossible to accept, despite any past preparations. Grieving is a natural response during such a devastating period, and these emotions can become overwhelming. Therefore, friends and relatives should learn to recognize the steps of grief, in order for them to be able to exercise control over their emotions and then focus on supporting their loved one as their condition worsens. These five steps are denial, bargaining, depression, anger, and finally acceptance.

Initially, grieving individuals are too shocked to comprehend a loss, and this denial is a protective mechanism against the intensity of that grief. This stage can last a while, at least long enough for the individual to come to terms with the effect of an emotional toll. After denial, one can experience what’s known as “bargaining”, in which guilt causes one to continuously think about what could’ve been done to prevent or alleviate the severity of the loss. Depression takes place afterward as the reality of the situation sets in and the individual experiences the fullest degree of their sadness. The unfairness of the circumstances may provoke anger of the distressed person. Here the individual is most likely angered due to feelings of helplessness and a sense of injustice. Eventually once going through those stages, they will reach a form of acceptance, or at least a more emotionally stable way of coping with the impact of their loss.

Despite the bleakness of the circumstances, it is essential to provide support for someone who is entering the end of their life. In cases where this care cannot be supplied by the family, some seek assistance. Hospice care is an option that ensures the proper medical attention and emotional support, whether the ill person requires routine or continuous home care. Regardless, it’s important to find help during a time in which the burden of grieving and a medical routine is too great to carry alone, in order that those in the final stage of a terminal illness can feel at peace.

Car Accident Fault

By on 10-25-2015 in Car Accidents

When car accidents happen, it could possibly be less painful to settle the compensation claims when two vehicles are included and the negligent motorist is decided. For all personal injury statements, the most crucial idea is always to understand the regulations that pertain to your claim to ascertain how compensation will likely be provided as well as who is at-fault. That means that time can be taken by car mishaps involving inferior road conditions to be fixed.

Based on the Sampson Law Firm injury lawyer website, there are many ways that poor highway conditions can attribute to road mishaps – erosion designs, damaged traffic lights, missing guardrails, pot-holes, and a number of other highway flaws may all really cause serious highway accident. Whether an injured motorist can sue is sometimes an issue that is complicated, because the complainant has to be able to demonstrate that the poor highway conditions will be the reason behind the accident and injuries. With all the factors that get into driving a car, this is often exceptionally difficult. Moreover, because cities, counties, and states keep up roads, in addition to other authorities organizations, it’s important for the complainant to fully ascertain who is in charge of keeping the routes that were responsible for the accident. Your situation can be placed by suing the authorities agency that is wrong, where it may be condemned to failure. Road maintenance also helps in that’s makes it clearer the people responsible could be prosecuted for damages and settlement perhaps not only does determining who is in charge of it important.

According to the National Highway Traffic Safety Administration, once the plaintiff and their lawyers have determined who accounts for the accident, it should follow they should illustrate the bureau liable was irresponsible and failed to perform their responsibilities of ensuring road safety. Should it’s shown the agency concerned can and ought to have, but chose to not, remedy or clear the roads to ensure the motorists’ safety, then they can be held liable for damage and compensation. Similarly, when the agency has built the route in a hazardous or defective fashion, then the motorists ought to be kept responsible.

It can not be easy to demonstrate the poor street conditions are what caused the accident and injuries, particularly when there are not any witnesses presenting as evidence. The main reasons why finding the help that is legal would be to make certain that your rights are protected and that your claim isn’t going to be denied.

What is a Hysterectomy?

By on 6-23-2015 in Personal Injury

A hysterectomy is considered one of the most common surgical procedures performed on American women of childbearing age. According to the National Women’s Health Network, about 600,000 hysterectomies are performed in the United States every year. This translates to approximately 20 million women having had the procedure. The operation involves the partial or total removal of the uterus to address certain issues in a woman’s reproductive system.

Hysterectomies are typically performed due to conditions like uterine fibroids or benign growths that cause pain and bleeding, cancer of the uterus, ovaries, or cervix, chronic pelvic pain, adenomyosis, and endometriosis. Because the procedure prevents women from having children after their operation, most doctors prefer it as a final option after all alternatives have been exhausted. A supracervical or subtotal hysterectomy refers to the procedure where only the upper part of the uterus is extracted. If a hysterectomy involves the removal of the entire uterus including the cervix, it is called a total hysterectomy. More severe cases might also lead to the removal of the ovaries and fallopian tubes.

There are several different ways to perform a hysterectomy. Primarily, the procedure can be done through traditional open surgery or noninvasive laparoscopic methods. Open surgery entails a 5 to 7 inch incision in the abdomen. Meanwhile, a minimally invasive hysterectomy is done through small incisions either in the abdomen or the vagina. The uterus is then accessed by the surgeon through the use of laparoscopic medical tools and devices.

A common device used in minimally invasive hysterectomies is a power morecellator. First manufactured in the 1990s, this device makes use of fast spinning blades to cut large tissues into smaller pieces so they can be removed easily through the 0.5 to 1 centimeters incision. However, the use of morcellators recently came into question when developments showed that the device could inadvertently cause undiagnosed uterine cancer to spread more easily. As quoted by the website of Williams Kherkher, the U.S. Food and Drug Administration recently issued a warning against the power morcellators. Its leading manufacturers have also pulled out their products off the market.