Mediation and Settlements in Personal Injury Cases

Many professions use specialized shorthand and jargon to convey complex internal concepts. In some instances, these words are the same as common phrases and sayings but with new meaning attached. First, let's discuss the term "mediation". Mediation in the workplace is about arriving at a solution that is favorable and letting multiple parties speak their mind. In the legal world, mediation tends to be a loaded word, one fraught with tension and tinged with the undercurrent of an espionage novel. A pre-trial mediation on the outside, looks like it is about establishing useful information to arrive at a swift and beneficial [...]

March 4th, 2021|Categories: Blog, General Information, Personal Injury|

Factors Behind Rising Workers’ Compensation Claim Payouts

Sometimes the silver lining found in the midst of a problem is a boon. Other times, it’s lightning waiting to strike.  The payouts in workers' compensation claims are on the rise with more and more reaching the ‘mega’ status of $3 million plus. While this represents a good turn in term of workers' rights, it also provokes a reaction in the insurance industry.  Higher premiums and longer legal battles negatively effect workers and the pursuit of justice. The following elaborates on some of the factors resulting in these higher payouts and what they mean to you.  Aging Workforce On the workers' [...]

February 25th, 2021|Categories: Workers' Compensation|

How Medical Device Defects Can Lead to Malpractice

Medical science, coupled with space age materials, has been making replacements for ever more delicate parts of the body. When these medical devices are well manufactured and installed properly, they add years of life and a range of mobility or function to a person. However, when a medical device fails from a defect or a surgery gone awry, they become cruel torturous sources of pain and injury. It takes no small amount of effort to determine if the problems with a medical device come from a defect or installation. That’s why it’s important to reach out to skilled medical malpractice attorneys [...]

February 18th, 2021|Categories: Blog, Malpractice, Medical Malpractice|

What Are the Different Damage Types in Personal Injury Cases?

While it’s true that a personal injury case hinges on establishing liability, it isn’t the only deciding factor in valuing your case. It is also important to know to what extent each party played a part in the accident. Damages reflect a burden placed on a liable party. These damages are meant to both make the grieved party whole (compensatory) and to make a party think twice about allowing the situation again (punitive). Courts govern these two types of damages differently in both the limits they reach and how they are split. Appeals target one or the other with punitive damages [...]

February 12th, 2021|Categories: Accidents, General Information, Personal Injury|

How Does Age Impact Workers’ Compensation?

Age affects many aspects of the working world. Some of those aspects reflect trends in population growth, others in increased longevity.  Within the world of workers' compensation costs and payouts, age impacts the bottom line of companies and workers in different ways. It isn’t a linear curve; older workers don’t necessarily lead to more injuries or increased costs. In looking at the data, some interesting tradeoffs occur. The following explores what injuries and workers' compensation looks like as employees age.  Age and Risk  First, age has an interesting relationship with the risk of injury to workers.  Older workers (defined as 45+) [...]

February 4th, 2021|Categories: Blog, General Information, Workers' Compensation|

Delays and Complications During a Personal Injury Trial

Effectively fighting in court, much like fighting in other aspects of life, takes a great deal of preparation. The time between filing a suit and waiting for your day in court is fraught with slights and pitfalls. Even a relatively simple personal injury trial can run into complications. Knowing what to expect as the process continues is the best way to temper expectations. In the end, complications don’t make the process harder, only longer. Part of this is the nature of deriving truth claims. Everyone has a side, and it takes time to process conflicting information. A drawback of the adversarial [...]

January 28th, 2021|Categories: Accidents, Auto Accidents, Auto Accidents, Laws, Personal Injury|

The Rising Risk of Birth Injuries During Triage

Resource scarcity has always been a component of medical care. In the wake of the ongoing COVID-19 pandemic, shortages in supplies, space, and staff have made birth injuries during triage more common. Emergency rooms and instant-care clinics alike have been turning away anyone suspected of carrying SARS-CoV-2. For expecting mothers, unexpected delays, and space issues impact birth injuries. Under triage protocols, patients are sent home if they don’t’ meet specific criteria indicating labor is onset or ongoing. This results in multiple dangers to mother and child.  Triage Risks and Process Short staffing means less persistent monitoring of the health and conditions [...]

January 15th, 2021|Categories: Birth Injury, Blog, COVID-19, Malpractice, Medical Malpractice, Personal Injury|

Malpractice Related to Vaccines

With vaccines for COVID-19 (SARS CoV-2) rolling out, many people wonder about their safety and what they can do if they choose to get a vaccine and something goes wrong. A prevailing myth about vaccines is that they are beyond reproach, shielded from litigation by ‘vaccine courts’. While Congress approved the establishment of the national Childhood Vaccine Injury Act of 1986, this act didn’t give carte blanche to vaccine manufacturers. It is still very much possible to sue for malpractice in the case of a vaccine injury, in fact, it’s easier than some other filings in the medical malpractice world. Reasoning [...]

January 7th, 2021|Categories: Blog, COVID-19, Drug injuries, Malpractice, Medical Malpractice|

Hospital Errors Can Cause Cerebral Palsy

The birth of a child is a joyful event looked forward to with delight and anxious anticipation for months, sometimes years, beforehand. Many nights are spent reading pregnancy and parenting books, nurseries are meticulously painted and decorated, and pediatricians are carefully found. When an injury or other complication mars a moment and a life you have looked forward to for so long, it is deeply upsetting. When that complication or injury could have been prevented, it is tragic. The CDC reports that 1 out of 323 children in the U.S. is afflicted with cerebral palsy, which makes it the most common cause [...]

December 17th, 2020|Categories: Birth Injury, Blog, Malpractice, Medical Malpractice, Personal Injury|

Why Workers’ Compensation Claims Get Denied

Workers’ compensation claims seem simple enough to most people. If you’re injured while on the job, you get to sue your employer, right? While you can certainly file the lawsuit for that reason, it might not necessarily work out the way you want it to. There are a number of reasons workers’ compensation claims get denied that you should know about before filing yours. No One Witnessed It If you got hurt at work, but no one was around to see it happen, who’s to say you didn’t get injured on your own time and then tried to blame your employer? [...]

The Peaks of Medical Malpractice: Fewer Claims, Bigger Mistakes

Trends in medical malpractice claims and payouts are promising. For the past 20 years claims for smaller settlements have dropped by 55%. It’s not all good news, though, claims for larger settlements have been going up. Today, a medical malpractice claim over $5 million is likely to pay out closer to $10 million. These patterns reflect a few changes in the ways that medical establishments comport themselves as well as changes in malpractice insurance and litigation processes. Malpractice Trends It’s often difficult to pinpoint what is causing a trend because it’s so rarely a single obvious cause. Trends are the results [...]

November 5th, 2020|Categories: Blog, Insurance, Malpractice, Medical Malpractice, Personal Injury|

Under Construction: Personal Injury Near Worksites

Numerous jobs contain risk and dangerous elements. Those who work in these jobs receiving training about risk aversion to function safely in their professions. But what of those that end up risk adjacent? It is not enough for worksites and construction yards to warn of dangers, to avoid fault in personal injury cases, they need to be actively secured. Construction zones present many risks to the public and spaces nearby. Among these, falling debris and restricted movement in areas are of principle concern. Non-Worker Injuries Organizations such as OSHA and the more local MOSH, protect the public by presenting guidelines for [...]

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