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Washington, D.C. Personal Injury Blog

Monday, June 12, 2017

Why You Need a Personal Injury Attorney

If you have been in injured in an accident, the consequences can long lasting. In addition to pain and suffering and medical expenses, you may be unable to work or provide for yourself and your family.

That's the bad news. The good news is that you may be entitled to meaningful compensation if the accident was the result of the negligent or reckless conduct of another person.

In order to determine if you have grounds for a lawsuit, however, it is crucial to engage the services of an experienced personal injury attorney. While many injury claims are settled through a negotiation with an insurance company, insurers are more concerned about profits than injury victims. These companies typically make settlement offers that are far below the full value of the claim. In addition, the scales are tipped in their favor because insurers has vast financial resources and teams of attorneys, claims adjusters, medical experts and private investigators. For this reason, it is crucial to have an attorney in your corner who will fight for right to just compensation.

In addition, personal injury attorneys often have expertise in assessing claims and can help determine how much you case is really worth. Moreover, injury claims involve a number of complexities such as obtaining evidence that will support you case, interviewing witnesses, reconstructing the accident scene, all of which are aimed at demonstrating the other parties liability.

It is also necessary to submit doctor's reports, medical tests, proof of medical expenses and other relevant information. Because attorneys often collaborate with a network of medical experts and investigators, they can level the playing field against the insurance company. Lastly, most personal injury cases are handled on a contingency basis, which means that you do not pay attorney fees unless you recover settlement money.

If you were injured in an accident that was not your fault, you may be able to recover damages for pain and suffering, lost wages, medical expenses and property damage. A savvy personal injury attorney will also ensure that any settlement considers future physical, emotional and financial harm you may suffer.

Being injured in an accident is a frightening experience, and the road to recovery can be long. Don't go it alone, call a personal injury attorney today.

 


Monday, May 15, 2017

Common Construction Accidents

Because construction work is inherently dangerous, the risk of injury to workers is greater than in other industries and workplaces. However, construction workers have a right to a safe work environment. While construction injuries are usually covered under workers' compensation laws, it may be possible to pursue a lawsuit based on negligence against site owners, contractors, subcontractors, their employees and agents for violations of applicable safety laws.

There are number of causes of construction accidents, including:

  • Falls - from roofs, ladders scaffolding and other heights
  • Falling objects - improperly secured tools, equipment and construction material can fall and strike a worker, causing head, neck, brain and spinal injuries
  • Equipment accidents - workers can be injured by machinery and equipment such as forklifts, cranes, nails guns and dumpsters
  • Fires and explosions - hazards arise from exposed wires, flammable materials, blow torches and leaking pipes which can lead to catastrophic injuries and fatalities
  • Trench/ Building Collapses - workers can be buried, injured and killed in trench collapses or by buildings that are being constructed or demolished
  • Repetitive Motion Injuries - physical labor often requires bending and lifting that can lead to muscle and joint damage
  • Respiratory illnesses - as a result of exposure to dust, asbestos, and other pollutants

Construction accidents can lead to a variety of injuries. For example, many injuries require fingers, toes and limbs to be amputated. In addition, broken bones and fractures are common as are shoulder, knee and ankle injuries. Workers can suffer head or brain injuries from falls or falling objects as well as spinal cord injuries or paralysis. Other common injuries include eye injuries or loss of vision, and hearing loss.

If you are a construction worker who has been injured on the job, you have the right to be treated for your injuries and the right to receive workers' compensation benefits. If the injury was the result of negligence, however, you may be able to pursue a personal injury lawsuit.


Monday, April 10, 2017

Leading Reasons for Medical Malpractice

People who need medical care put their trust in doctors, hospitals and other healthcare providers. When that trust is violated and a patient is injured because of a medical mistake or incompetence, there may be grounds for a medical malpractice lawsuit. This is a brief overview of leading reasons for medical malpractice.

Misdiagnosis or Delayed Diagnosis

Many medical practice claims arise from misdiagnosis or delayed diagnosis. A patient whose injury or illness is not accurately or quickly diagnosed may not receive the necessary treatment and suffer serious harm or death. Having a valid claim requires demonstrating that a reasonably skilled doctor would not have made the same mistake under the same circumstances.

Medication Errors

Medication errors occur when the wrong drug or dosage is prescribed or the medication is not properly administered. These errors often occur when hospitalized patients are given the wrong drugs or equipment such an IV pump malfunctions and overdoses a patient. In most cases, prescription errors cause patients to receive to little or too much of a medication, often with catastrophic consequences.

Surgical Errors

A variety of mistakes can occur during surgical procedures. In some cases, a negligent surgeon may operate on the wrong bodypart, fail to close a bleeding vein or artery, puncture a vital organ, or leave sponges or surgical instruments inside a patient's body. In addition, the nursing staff may be negligent during post-operative care by failing to notice complications.

Anesthesia Errors

Mistakes by anesthesiologists are especially dangerous and even a small error can lead to a permanent injury or death. These mistakes have a variety of causes, such as defective equipment or patients not being properly intubated. In many cases, injuries arise when anesthesiologists fail to adequately review a patient's medical history and administer too much anesthesia.

In the end, the fact that a doctor, hospital, or other medical professional makes a mistake does not mean they were negligent. In order to have grounds for a medical malpractice lawsuit, it is necessary to demonstrate that medical professional failed to provide the appropriate level of care.


Monday, March 13, 2017

What is Nursing Home Negligence

For those who can no longer care for themselves as they age, it may be necessary to enter a skilled nursing facility. While many seniors receive quality care in these facilities, the elder care system has well documented problems with abuse and neglect. When accidents and failures lead to injuries or a resident is the victim of intentional harm, a nursing home can be held liable.

The most vulnerable members of our society can be harmed in a number of ways. For example, many nursing homes fail to supervise patient's adequately, which often leads to slip and fall accidents that result in significant injuries and even death. Moreover, many facilities are owned by corporations that engage in negligent hiring practices or fair to properly train and supervise employees. In these situations, employees may neglect or abuse patients.

The most egregious cases of negligence occur when a facility fails to maintain adequate health and safety policies or fails to provide patients with adequate medical treatment. However, a patient who suffers an injury as a result of a medical mistake that does not meet the accepted standard of medical care may have grounds for a lawsuit.

In short, this standard is the type of care that a reasonably skilled medical professional would have provided under the same circumstances. Both the nursing home and the individual who was responsible for the resident's care may be held liable.

It is important to note that residents of facilities that accept Medicare are also protected by federal regulations. The environment in these facilities must be free of accident hazards as possible and each resident must receive adequate supervision and assistance devices to prevent accidents. Moreover, the Department of Health and Human Services - the agency that oversees these facilities, has banned the use of arbitration clauses in patient admittance agreements.

This is important because many skilled nursing facilities include mandatory arbitrations clauses in admittance agreements to resolve disputes. As a results, incidents of abuse and neglect often go unreported and patients and their families are often unaware of these problems when they are selecting a facility. Now, residents who are injured have legal recourse to hold negligent nursing homes accountable.

In the end, residents of skilled nursing facilities have a right to receive the care that they deserve. If you or a loved one has been injured in a nursing home, a personal injury attorney can help you obtain significant compensation.

 


Monday, February 6, 2017

Medical Malpractice


There are always certain elements that need to be demonstrated in order to bring a successful malpractice action. For example, the treating doctor must have had a legal obligation to provide this medical care to this particular patient and there must have been a "breach," that is, an intentional or unintentional infraction or violation of the law. A breach usually occurs when the doctor fails to follow the “standards of the profession.” 

Medical malpractice is a tort (civil wrong) that may fall under a “negligence” action.  Negligence by a medical professional typically occurs when he or she neglects to protect a patient “from a foreseeable risk of harm.
Read more . . .


Monday, January 23, 2017

Insurance Bad Faith


If you or a loved one is injured in an accident you may be entitled to compensation which usually means dealing with an insurance company. Although insurers have an advantage because they have teams of attorneys and experts, the law requires insurance companies to treat claimants and policyholders fairly. While there may be legitimate reasons to deny a claim, an insurer that fails to engage in good faith and fair dealing may be held liable for bad faith.

What is bad faith?

Bad faith is a legal term for an insurer denying a claim without a reasonable basis. In first party insurance situations, bad faith arises when an insurance company denies a claim without a valid reason.
Read more . . .


Monday, January 16, 2017

Can You Sue City Hall?


Many individuals mistakenly believe that they cannot sue city hall, but this is not the case. Under the doctrine of sovereign immunity, town, city, county and state governments were once protected from most lawsuits. Today, those rules have been scaled back to some extent, and the government can be held responsible for personal injuries and property damage or unlawful conduct. Let's take a look at personal injury and other lawsuits that can be brought against government entities.

There are a number of ways the government can be held liable for accidents and injuries.
Read more . . .


Monday, January 9, 2017

What if more than one party is responsible for my injuries?


If you were injured in an accident, it may be possible to hold another individual accountable by pursuing a personal injury lawsuit. In some cases, however, more than one person may be responsible for your injuries. In these circumstances you may still be compensated under the doctrine of comparative fault: the allocation of responsibility under the theories of contributory and comparative negligence.

Contributory Negligence

In the few states that still rely on the contributory negligence approach, individuals have a duty to act reasonably and not put one's self at risk of injury. This means that if a plaintiff is even partially responsible for the accident, he or she may be barred from recovering damages.
Read more . . .


Monday, December 19, 2016

Negligence Claims Against the Government

When an individual is wronged or injured by a federal agency or government employee, that person may have an actionable negligence claim against the government. It is necessary to seek legal counsel to determine whether or not the government is immune in this particular case or whether a legitimate claim can be brought under the Federal Tort Claims Act (FTCA).

Pursuant to the FTCA, if the incident arose from an act by a federal employee who was “acting in the scope of” his or her employment, an action may be brought.  Claims against the government, however, are often complex, burdened with various restrictions.  It is always advisable to consult with an attorney in such cases, rather than attempting to bring a lawsuit independently.

The FTCA does not extend liability to every individual associated with the government, and claims are only permitted under certain circumstances.  For example, independent contractors employed by the government are only included under the act in exceptional cases.  Most often only a claim of negligence can be brought, rather than a complaint for deliberate wrongdoing.  Furthermore, the claim must be grounded upon, and cannot conflict with, state law.  

There are several steps to be taken in filing a lawsuit against the government. First and foremost, within two years from the date of the incident, an administrative claim must be filed with the agency that allegedly caused harm.  In order for the claim to be considered and investigated, a form has to be filed which includes all relevant facts and requested damages.  The claim for damages is limited; punitive damages are not typically an option. 

If and when the agency discards the claim, in whole or in part, a suit may be filed within six months of the date on the decision letter.  In most cases, all administrative remedies must be fully exhausted before seeking legal action.  If the agency does not respond, however, the complainant may be permitted to proceed with the lawsuit.  An attorney can best advise whether an action can be filed, whether the government has any plausible defense, and whether it is in the client's best interest to settle the case.  


Monday, December 12, 2016

Strict Liability

If an individual is harmed by a purchased device or product, damages may be recovered under strict product liability. The plaintiff, however, must be able to prove several things in order to prevail in suit against a distributor, manufacturer, or retailer. Generally, the product must have been “in an unreasonably dangerous condition” at the time of sale and intended to reach the consumer without any alteration.  Moreover, the injury suffered must be a direct result of the flawed product itself. 

Defects are not all created equal.  A plaintiff may bring a cause of action for either a manufacturing or design defect.  Generally speaking, in cases involving a  “manufacturing defect” only some products in the line of distribution will have been affected. The defect, for example, may have resulted from a malfunction in factory production. A design defect, on the other hand, which is integral to the product's structure, usually affects the entire line of the inventory, making each device dangerously defective.

Product liability can also be proven if a manufacturer does not provide adequate warning regarding a product's use. If the risk posed to the consumer is not patently obvious, the manufacturer is required to provide an understandable notice of warning to the customer. For an injured individual to win such a case, his or her injury must have resulted from the lack of warning or direction that could have prevented the injury sustained. 

If a plaintiff's injury results from that person's misuse of the product or his or her own negligence, that individual cannot prevail under the theory that the design or manufacture of the product was defective.

If an individual has been injured by a defective product, or because there was no evident warning of some dangerous aspect of the product's assemblage or use, a case of product liability may be brought. When considering whether to file a product liability lawsuit, an attorney specializing in the field should be consulted to assess whether the injured party has a viable case.


Monday, December 5, 2016

Defamation - Breaking it Down

Defamation has two basic forms: “libel,” the written form, and “slander,” the spoken form.  To establish either type, certain elements must be present. The false statement must be "published" and the false statement must result in injury. In terms of defamation accusations, “published” does not mean publication in a newspaper, magazine, or book— a statement is considered to be "published" when another party sees or hears it. In this context, speaking loudly enough to be heard by a third party may be considered "publication." False statements can also be made not only through spoken or written words, but by presentation of images or symbols.

There are, however, exceptions that make individuals immune to liability. These include absolute and qualified "privilege" and apply in special situations, such as in communications between spouses, in governmental proceedings, or in statements made in self-defense.

Privilege is not the only defense against accusations of defamation. Truth of the assertion is an “absolute defense” to an accusation of defamation.  A statement is not actionable or defamatory if it is honest. Likewise, a statement of opinion cannot be defamatory. 

Furthermore, one cannot recover damages for defamation if there has not been resulting injury or damage to the reputation of the other party.  Examples of damage include loss of employment, harassment, and loss of business contacts or friends.  It should be noted that public officials are less likely to be shielded from defamatory content.  Beyond proving the above-stated elements, a public official may be required to demonstrate the existence of “actual malice.”  "Actual malice" is generally defined as making a statement with knowledge that it was not truthful, or with “reckless disregard” for the honesty of the declaration. 

The discovery process in defamation cases may be lengthy because the jury must analyze all of the circumstantial evidence surrounding the statement in question.  Factors to be considered may consist of the place where the declaration was made, the relationship of the accuser to the accused, and the reasons or motives behind the assertion. Because of the complexities involved in defamation cases, expert advice from a licensed attorney is essential.


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Richard F. Silber is admitted to practice in Washington, D.C. and Maryland. From his office in Georgetown, he and his legal team assist clients throughout the Washington metropolitan area.



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| Phone: 202-338-0687

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