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Personal Injury

Monday, December 11, 2017

Distracted Driving Laws in the U.S.

The rapid growth of technology has connected us now more than ever. We are able to communicate with each other via phone call, text message, or social media at any point in the day. Unfortunately, many people continue to use technology even while they are operating a motor vehicle. It can be hard to put down the phone, but distracted driving is proving to be an increasing danger on the roads. The National Highway Traffic Safety Association (NHTSA) reports that distracted driving claimed 3,477 lives and injured 391,000 people in 2015 alone.


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Thursday, November 16, 2017

How Extreme Workouts Can Cause Injuries

Everyone is looking for that fitness trend that will get them into shape in record time and in an enjoyable way. The latest trend is extreme fitness programs. These programs usually involve circuit training, resistance training, running intervals, and aggressive, timed weight lifting. The problem is that people are participating in these extreme programs at a level not suitable for their current workout capabilities. The journal Sports Health reports that new athletes in these programs were 2.5 times more likely to sustain injury than more experienced participants. People are doing too much too fast and are suffering sometimes severe and lasting injuries as a result.


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Tuesday, October 17, 2017

U.S Traffic Fatalities Are On the Rise

With things like lower gas prices making car travel more affordable than ever and things like cell phone making people more distracted than ever, it might not be surprising to hear that the number of U.S. traffic fatalities continues to rise each year. The actually numbers, however, are shocking. The National Safety Council (NSC) estimate that 38,300 people died and 4.4 million injured on U.S. roads in 2015. This means that the number of U.S. traffic fatalities increased by 8 percent from 2014 to 2015, the single largest one-year increase to occur in 50 years. Furthermore, NSC reports that 2.3 million people sustained “serious injuries,” or injuries requiring medical care, in just a period of 6 months in 2015.


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Wednesday, September 13, 2017

Using Social Media Can Hurt Your Personal Injury Case

We live our lives online. This is a new revelation that has come with the explosion of social media use. In fact, as of January 2014, 74% of adults using the internet are using social media sites according to a Pew Research Center report. We celebrate our triumphs and vent our tribulations on very public platforms. Social media is a great way to build communities of support and to keep in touch with friends and family near and far. With our continued use of social media, however, there needs to be consideration for the possible downsides of putting our lives online for the world to see. One such downside, is that using social media can and, most likely will, hurt your personal injury case. Insurance companies are looking for any possible way to undermine or eliminate your claim and they have found a treasure trove of supporting evidence available in social media accounts of claimants.


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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.

 


Wednesday, February 22, 2017

What is pain and suffering?

Individuals who are injured in accidents that were due to the reckless or negligent conduct of others may be able to recover damages for pain and suffering. Let's take a look at the two types of pain and suffering and how victims can obtain compensation.


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Tuesday, February 14, 2017

Common Types of Personal Injury Cases

Thousands of individuals are injured in accidents in the United States every year. When injuries are caused by the negligent, reckless or intentional conduct of others, it is possible to obtain compensation by pursuing a personal injury claim. Some of the more common types of injury cases include:


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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.
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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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3221 M Street NW, Washington, DC 20007
| Phone: 202-338-0687

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