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> > PERSONAL INJURY > ACCIDENT TYPES

Motor Vehicle, Large Truck, Motorcycle Accidents
Auto accidents are the leading cause of death for Americans under the age of thirty-four. Annually, auto accidents are responsible for over 400,000 deaths. At an average rate of 115 fatalities per day, auto accidents cost a staggering 150 billion dollars yearly. You are likely to be involved in at least one auto accident in your lifetime.

If you are involved in an auto accident, call the police immediately-even if no one was injured-and file an accident report. Auto accident reports for insurance purposes to determine fault, so verify that the report is thorough. The auto accident report should include interviews with all involved parties and any witnesses. Photographs and/or diagrams of auto accident scenes are often supplied by the police as well. You should also take pictures of the auto accident if possible, Get the names and phone numbers of all auto accident witnesses, as well as anyone involved in the accident itself and gather as much information as possible.

Common auto accident injuries include whiplash, head and brain injury, paralysis, and joint, bone, and muscle injuries. Auto accident victims should seek medical attention as soon as possible if they believe they are injured. Auto accident claims for damages resulting from injuries usually depend on medical records linking the auto accident to the injuries received-the more time elapses between the auto accident and the treatment, the more difficult it is to prove a connection.

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Slip and Fall Accidents
All slip and fall accidents are covered by negligence law and deal with the concept of premises liability. Property owners have a "duty of care" to see that their property is safe. This includes insuring that the building has no structural defects that could cause an accident, both inside and out. Structural defects can include: loose floor mats, rugs, or tiles; water on the floor; badly lit stairs or steps; cracks or holes in sidewalks or parking lots. Weather-related hazards may include standing water and icy spots. A plaintiff or claimant also has a duty to exercise reasonable care, so if any action of yours contributed to the accident, you may share in the negligence.

If you experience a slip and fall accident, you should try to determine what made you fall and if it could have been anticipated and prevented. If anyone saw you fall, be sure you get the names and addresses of all witnesses. Try to note the conditions in the area - was the lighting poor, was there some substance that made you slip. If you did slip because of something on the floor, try to obtain a sample. Also, try to get pictures of the area. Report any such accident to the manager or owner and insist that they make a record of it.

It is your responsibility to prove that a hazard existed and that it was the cause of your accident.

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Wrongful Death
Wrongful death is the term used when someone causes the death of another person. The death may be caused by the actions of someone or by their failure to act (neglect). Wrongful death is a civil action rather than a criminal action. Since the deceased person cannot file suit or collect damages, it is the family or representatives of the estate that do so. The intent is to recompense family members who have suffered monetarily and emotionally from the death. Damages can be assessed for lost wages and benefits, loss of companionship, actual expenses for medical treatment and burial and emotional pain and suffering caused by the trauma.

A defendant can only be held responsible for a wrongful death if it can be proved that the defendant's conduct was the cause of the death. It must be proved that the death would not have occurred without the defendant's act. The time between the defendant's action and the death of the decedent is not a factor as long as it can be proved that the defendant's action was the cause of death.

If it can be shown that the decedent was partially responsible for his death including if the decedent failed to seek appropriate medical care and that failure led to his death, there may be no grounds for a wrongful death claim or a reduction to an award.

In a case of wrongful death, damages are assessed to compensate family members for their loss. There are many ways in which damages can be calculated.

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Nursing Home Abuse
An increasing elderly population has led to an increased nursing home population, and with this has come an increased incidence of nursing home negligence and abuse. There are both federal an state governmental agencies which help oversee the care and services provided by nursing homes and both federal and state governments have established uniform standards for nursing homes and ensure the protection and safety of patients.

Unfortunately, despite these governmental agencies, over one million nursing home residents are abused in some manner each year. Such actions can include negligence and active abuse. Whether the abuse consists of recurrent negligence or a single incident which causes injury, the victim may have a right to damages.

Nursing home abuse can include physical damage from falls, malnutrition or dehydration, bed sores, gangrene, aspiration pneumonia, over-sedation, poor medical care, or wrong medication. Just as damaging but more subtle, are lack of supervision, theft, abandonment, defective equipment, sexual assault, coercion, physical or mental abuse. All of these can lead to injury or death of the nursing home patient.

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Drug Litigation
Pharmaceutical companies manufacture and market hundreds of new drugs each year. Each product is regulated and approved by the food and Drug Administration before it reaches the consumer, and every year over 200,000 people die from using these drugs. It is estimated that more than 50% of all the drugs marketed to the American consumer have deleterious effects, in spite of testing and FDA regulation.

Of all the recent examples of harmful drugs, most were withdrawn from sale within 12 months of release. Some drugs were still marketed by drug companies even after evidence of serious side effects or death had been noted. By law, drug manufacturers are strictly liable for injuries if the product they sell is defective or unreasonably dangerous. This can happen in several ways.
  • The product may be defective because of an error in the manufacturing process.
  • Consumers are not warned of possible bad effects from the use of the product.
  • The product has a design flaw that makes it dangerous.
In all these cases, the manufacturer is liable and can be sued for damages even if they were unaware of the danger. It does not matter how carefully the product was produced or labeled.

Many drug products have caused such widespread injury that class action suits or mass torts have been filed against them. Some of these drugs include: Baycol, Fen Phen, Rezulin, Propulsid, and PPA.

Of additional concern are the dietary supplements which are becoming increasingly popular. The FDA requires that manufacturers assure that such supplements are safe before selling them, but there are no testing or approval requirements.

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