Car Wreck & Personal Injury Lawyers You Should Avoid

May 31st, 2008

Have you been injured in an accident on a highway on Kansas? Or have you lost a loved one on the state’s freeways? Well, what do you do in such a case? What is the first step that you must take? The most common answer would be to call up for immediate medical attention and contact the relatives of the injured. However, most of us don’t even think about the importance of calling up a lawyer immediately.

If you or a loved one has been injured in an accident, you should seek and get compensation. After all, it’s your right. Contacting an attorney early on is incredibly important. If there was a defective part on an automobile, a lawyer may have to collect evidence from the scene or hire an accident reconstruction expert to do so.

The mistake many people make is filing a claim on their own behalf rather than employing the services of a skilled and experienced attorney. An experienced car wreck or personal injury lawyer can be the difference of more than just a few thousand dollars in claims. While the experience of a lawyer can be measured by the number of years of his or her practice, the skill of handling an auto accident case is not something that can be quantified easily. It can only be comparative. While some of the car accident attorneys can be good, others can be really bad and seeking only to make money for themselves, even if it is at you, the client’s cost.

But how do you identify the good ones from the bad ones? Well the first thing that you should do before going to any lawyer is try and get some information about their services and feedback from some third party, like a former client. Next, schedule an appointment with the car accident lawyer and present your case to him or her and you do not have to let them know you’ve done any kind of background checks. Let the attorney speak as much as they can and interrupt only to ask a few questions like the penalty for the accused, what the personal injury laws are in the state and what is the average compensation? Etc.

Many bad attorneys are experts in saying, “We can handle any kind of claims for you.” The reality is that the law for each and every type of personal injury or car accident claim is largely different from case to case. You do not need an attorney who is a jack of all trades but a master of one. Hire the services of the lawyer who is expert in handling your type of case.

Another sign of the not so good lawyers is their choice of words. They’ll use heavy and technical jargon that you cannot make even head or tail of. They will talk in terms of rules and their numbers and such things which are immaterial to you and try to impress you. You don’t need to understand all of the legal jargon. A good attorney will talk to you in plain simple words, making sure you understand what is going on and will always handle your case with care.

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Hiring A Maryland Malpractice Injury Attorney

May 31st, 2008

If an injury was caused by professional negligence than a malpractice attorney is needed. It may be medical malpractice or legal malpractice that causes the injury. A Maryland medical malpractice attorney will be able to protect victim’s rights in their best interest and do so in a safe and legal manner.

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Car Wreck & Personal Injury Lawyers You Should Avoid

May 30th, 2008

Have you been injured in an accident on a highway on Kansas? Or have you lost a loved one on the state’s freeways? Well, what do you do in such a case? What is the first step that you must take? The most common answer would be to call up for immediate medical attention and contact the relatives of the injured. However, most of us don’t even think about the importance of calling up a lawyer immediately.

If you or a loved one has been injured in an accident, you should seek and get compensation. After all, it’s your right. Contacting an attorney early on is incredibly important. If there was a defective part on an automobile, a lawyer may have to collect evidence from the scene or hire an accident reconstruction expert to do so.

The mistake many people make is filing a claim on their own behalf rather than employing the services of a skilled and experienced attorney. An experienced car wreck or personal injury lawyer can be the difference of more than just a few thousand dollars in claims. While the experience of a lawyer can be measured by the number of years of his or her practice, the skill of handling an auto accident case is not something that can be quantified easily. It can only be comparative. While some of the car accident attorneys can be good, others can be really bad and seeking only to make money for themselves, even if it is at you, the client’s cost.

But how do you identify the good ones from the bad ones? Well the first thing that you should do before going to any lawyer is try and get some information about their services and feedback from some third party, like a former client. Next, schedule an appointment with the car accident lawyer and present your case to him or her and you do not have to let them know you’ve done any kind of background checks. Let the attorney speak as much as they can and interrupt only to ask a few questions like the penalty for the accused, what the personal injury laws are in the state and what is the average compensation? Etc.

Many bad attorneys are experts in saying, “We can handle any kind of claims for you.” The reality is that the law for each and every type of personal injury or car accident claim is largely different from case to case. You do not need an attorney who is a jack of all trades but a master of one. Hire the services of the lawyer who is expert in handling your type of case.

Another sign of the not so good lawyers is their choice of words. They’ll use heavy and technical jargon that you cannot make even head or tail of. They will talk in terms of rules and their numbers and such things which are immaterial to you and try to impress you. You don’t need to understand all of the legal jargon. A good attorney will talk to you in plain simple words, making sure you understand what is going on and will always handle your case with care.

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Medical Negligence Or Medical Mismanagement

May 30th, 2008

Medical malpractice is a legal term used for poor quality, incorrect, or negligent medical care by a qualified medical professional that causes harm to a patient. Lately, cases involving medical mismanagement are on the rise owing to increased patient awareness and government legislation.

Case Study

Leon Baker suffered a heart attack after his doctors administered the wrong drug during surgery. He filed a claim alleging medical negligence, which resulted in the award of £200,000 in cash. However, not all claims result in such hefty compensation amounts. In fact, the win rate for medical malpractice claims is much lower than that for road or workplace accidents. This is because in a majority of cases patients do not understand the complex procedures that are involved in filing such a claim.

Criticism

The Personal Injury Valuation Handbook estimates that one in five of medical negligence claims involve death. However, statistics do not reveal the real cost for the patient as well as his or her family. Medical negligence not only causes irreparable physical damage to the patient but also leaves permanent mental scars. Moreover, the process of filing a claim is time-consuming and complex. Yet, some argue against the same laws that protect against faulty treatment. Here are some of the arguments:

• “Medical malpractice laws increase litigation and encourage fraudulent claims.” Not true. Research shows that the risk of fraud is minimal though not zero. The real problem, according to Tom Barker, author of The Medical Malpractice Myth, is too much medical malpractice. In fact, research has shown that a majority of such cases go unreported. Laws are necessary to safeguard the interests of the patient and make medical professionals responsible for their actions.

• “Some medical operations come with known risks for which doctors cannot be held guilty.” AND “It is not always possible to determine if the patient has adequately followed the doctor’s instructions.”

These arguments arise from a misunderstanding of the law. Medical malpractice works on the principle of causation, which means that it is not enough to say that the treatment was substandard or that it did not work. Patients also have to prove a cause-effect relationship between the medical professional’s poor performance and an undesirable result. This involves the role of an “expert witness” who provides expert medical testimony. The final judgement depends on whether the doctor did something inappropriate that most people in the medical profession would not have done.

Should I File a Claim?

Often, patients are unsure about filing a claim for compensation, as it is difficult to determine if something has gone wrong BECAUSE of poor treatment. If you feel that faulty treatment or misdiagnosis is to blame for your poor health, speak to another medical professional immediately.

If there is some evidence of medical malpractice, then contact a solicitor immediately, as all claims usually have a time limit ranging from one to four years. A qualified solicitor with relevant experience is the best person to guide you through the process of filing a claim.

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Car Wreck & Personal Injury Lawyers You Should Avoid

May 29th, 2008

Have you been injured in an accident on a highway on Kansas? Or have you lost a loved one on the state’s freeways? Well, what do you do in such a case? What is the first step that you must take? The most common answer would be to call up for immediate medical attention and contact the relatives of the injured. However, most of us don’t even think about the importance of calling up a lawyer immediately.

If you or a loved one has been injured in an accident, you should seek and get compensation. After all, it’s your right. Contacting an attorney early on is incredibly important. If there was a defective part on an automobile, a lawyer may have to collect evidence from the scene or hire an accident reconstruction expert to do so.

The mistake many people make is filing a claim on their own behalf rather than employing the services of a skilled and experienced attorney. An experienced car wreck or personal injury lawyer can be the difference of more than just a few thousand dollars in claims. While the experience of a lawyer can be measured by the number of years of his or her practice, the skill of handling an auto accident case is not something that can be quantified easily. It can only be comparative. While some of the car accident attorneys can be good, others can be really bad and seeking only to make money for themselves, even if it is at you, the client’s cost.

But how do you identify the good ones from the bad ones? Well the first thing that you should do before going to any lawyer is try and get some information about their services and feedback from some third party, like a former client. Next, schedule an appointment with the car accident lawyer and present your case to him or her and you do not have to let them know you’ve done any kind of background checks. Let the attorney speak as much as they can and interrupt only to ask a few questions like the penalty for the accused, what the personal injury laws are in the state and what is the average compensation? Etc.

Many bad attorneys are experts in saying, “We can handle any kind of claims for you.” The reality is that the law for each and every type of personal injury or car accident claim is largely different from case to case. You do not need an attorney who is a jack of all trades but a master of one. Hire the services of the lawyer who is expert in handling your type of case.

Another sign of the not so good lawyers is their choice of words. They’ll use heavy and technical jargon that you cannot make even head or tail of. They will talk in terms of rules and their numbers and such things which are immaterial to you and try to impress you. You don’t need to understand all of the legal jargon. A good attorney will talk to you in plain simple words, making sure you understand what is going on and will always handle your case with care.

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Medical Malpractice - 5 Ways to Know You Have a Difficult Client & What To Do About It

May 29th, 2008

You’ve seen it in the movies, and read about it in books. The client is ’shifty-eyed’ and hems and haws when asked direct questions. She refuses to look you in the eye and give you a straight answer. The only problem is that the woman sitting in front of you isn’t in any movie and this isn’t a fictional story. She is clearly hiding something. You don’t know what she’s hiding, but you know that if you take the case, her credibility may be an issue.

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Car Wreck & Personal Injury Lawyers You Should Avoid

May 28th, 2008

Have you been injured in an accident on a highway on Kansas? Or have you lost a loved one on the state’s freeways? Well, what do you do in such a case? What is the first step that you must take? The most common answer would be to call up for immediate medical attention and contact the relatives of the injured. However, most of us don’t even think about the importance of calling up a lawyer immediately.

If you or a loved one has been injured in an accident, you should seek and get compensation. After all, it’s your right. Contacting an attorney early on is incredibly important. If there was a defective part on an automobile, a lawyer may have to collect evidence from the scene or hire an accident reconstruction expert to do so.

The mistake many people make is filing a claim on their own behalf rather than employing the services of a skilled and experienced attorney. An experienced car wreck or personal injury lawyer can be the difference of more than just a few thousand dollars in claims. While the experience of a lawyer can be measured by the number of years of his or her practice, the skill of handling an auto accident case is not something that can be quantified easily. It can only be comparative. While some of the car accident attorneys can be good, others can be really bad and seeking only to make money for themselves, even if it is at you, the client’s cost.

But how do you identify the good ones from the bad ones? Well the first thing that you should do before going to any lawyer is try and get some information about their services and feedback from some third party, like a former client. Next, schedule an appointment with the car accident lawyer and present your case to him or her and you do not have to let them know you’ve done any kind of background checks. Let the attorney speak as much as they can and interrupt only to ask a few questions like the penalty for the accused, what the personal injury laws are in the state and what is the average compensation? Etc.

Many bad attorneys are experts in saying, “We can handle any kind of claims for you.” The reality is that the law for each and every type of personal injury or car accident claim is largely different from case to case. You do not need an attorney who is a jack of all trades but a master of one. Hire the services of the lawyer who is expert in handling your type of case.

Another sign of the not so good lawyers is their choice of words. They’ll use heavy and technical jargon that you cannot make even head or tail of. They will talk in terms of rules and their numbers and such things which are immaterial to you and try to impress you. You don’t need to understand all of the legal jargon. A good attorney will talk to you in plain simple words, making sure you understand what is going on and will always handle your case with care.

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New York Medical Malpractice - The True Cost Of Permanent Injuries

May 28th, 2008

We hear so much about who is responsible for the current climate of medical malpractice lawsuits. However, what we hear so little about is the true cost of the irreparable injuries that medical mistakes and errors create.

Here’s what I mean-

A young man suffered a heart attack and because of the extensive heart damage, he needed an emergency triple-bypass to keep him alive. Despite the emergency surgery, he suffered many complications including kidney failure, fluid in his lungs and an inability of his heart to fully pump his blood. He also needed a heart transplant, but because of his continuing and ongoing medical complications, he was no longer eligible as a candidate for a heart transplant.

This young man became trapped in his own deteriorating body. He could not walk more than 10 steps without having to sit down. He could not go up or down stairs. He could no longer breathe without difficulty. He spent most of his day sitting on the couch or in bed because his body could no longer give him the strength to walk across his bedroom. He took 40 pills per day. Each pill had its’ own risks and side effects. Many of the pills caused side effects including constipation, high blood pressure, bleeding, frequent urination, decreased appetite and more. Yet he still needed these pills to continue to live.

Let me backtrack for a moment. These injuries were totally preventable because months earlier, this young man had made complaints of chest pain both to his doctor and doctors in a hospital. Both misread the results of his cardiac testing. Had they accurately interpreted the tests, this young man would have had elective heart bypass surgery, and would never have had the devastating heart attack that will limit his life forever.

The costs of these life-altering injuries were staggering.

Let’s start first with the economic loss. That is something that we could actually calculate using the amount of money he was earning in the last few years before the malpractice occurred. An economist could actually project the amount of money this man would have received, assuming that he continued in the job he was in and moved up the ladder over time, over the course of his working lifetime. That number was staggering and clearly defined. Also, we looked to the additional benefits he received, including health insurance, dental, bonuses, vacations and gifts. Again, recognize that these benefits could be calculated and these losses could be predicted over the course of a lifetime.

Then we move our focus to the “non-economic loss” to the young man and his family. What is his pain and suffering worth- from the time of the malpractice until the time of trial? What has his family endured while watching a once vibrant and successful businessman turn into a reclusive hermit, physically incapable to take his young child to the bus stop in front of their home in the morning? What does it mean when the wife must now become her spouse’s nurse 24 hours a day? Every little activity needs assistance. For example, when the phone rings and the young man cannot race to the phone to see who is calling, he needs help. When the doorbell rings, and this young man takes 15 minutes to get to the front door, he needs help. Going to the bathroom is an unpleasant and uncomfortable task- not just for him, but for his wife, who does everything she can for her loving husband.

What is the value of these tragic moments in this young man’s life?

Let’s go back for a moment to the economic loss. Do you know how much rehabilitation costs? For this man, he needed rehabilitation 5 days a week. He needed to learn to walk again. He needed an aide to help him get across the room. He needed oxygen in his room 24 hours a day, 7 days a week, 365 days a year. How much does continuous oxygen cost? He needed bandages, needles to check his sugar level and insulin injections every day for the remainder of his life.

This young man could not work anymore. How would he support his wife and child? This once proud bread-winner now must rely on his wife and strangers to help him with life’s daily needs. How will he pay his mounting medical bills if he has no health insurance? How can he afford to pay the health insurance premiums if he can’t work?

How do we, as a society, put a price on the value of this man’s injuries?

The economic cost of this man’s injuries were significant- in the multi-million dollar range.
The non-economic cost was also significant- but that is an area of compensation that defies an exact number.

All too often, critics of our justice system beat the drums of “tort reform” claiming that frivolous lawsuits are responsible for (1) Doctors leaving medicine, (2) High medical malpractice premiums, and an assortment of other perceived ills created by “trial lawyers.” Yet we rarely hear how the truly injured victims experience astonishing, astronomical and catastrophic economic losses. Who will pay for their injuries? Who will pay to make the injured victim and his family whole again?

It is often said that when a wrongdoer causes harm, he owes a debt to the injured victim. That debt must be repaid. A catastrophically injured victim’s costs are large, and the debt to repay grows larger every day. Compensation is literally a debt that must be repaid in full. Not partial payment but full payment. Anything less is a discount that only benefits the wrongdoer.

Conclusion

I had the privilege of representing this young man and his family in their awful tragedy. The true value of his permanent injuries are more than one can possibly imagine. The economic injury, the pain he and his family endure, and the agonizing suffering he goes through each day is simply unthinkable. Yet, I think of him and his family every day.

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry’s website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there’s something for you. See Gerry’s website at http://www.oginski-law.com Call him at 516-487-8207.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry’s free instructional videos on malpractice & accident law.

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Cracking Down on Drunk Drivers

May 27th, 2008

Using Sting Operations to Reduce Drunk Driving

In our haste to crack down even harder on drunken drivers, we sometimes go overboard and venture into the ridiculous. A case in point concerns the Texas Alcoholic Beverage Commission (TABC). Employing “sting operations” at bars throughout the state, TABC officers have been arresting drinkers who have had too many drinks. The rationale for these special tactics is that these sting operations will cut down on drunk driving. This is a fine rationale, but there’s one big problem with these special operations: the TABC officers are arresting drinkers while they’re still in the bars!

Affecting the Bottom-Line: Revenue Generation

Interestingly, some of the main criticisms of the tactics employed by TABC have been coming from tourism officials who believe that these sting operations might hurt the tourism industry by tarnishing Texas’ “hard-drinking image.” In other words, if a number of people who usually visit Texas to do some “hard-drinking” believe that they might get arrested in one of the TABC sting operations, many would-be tourists may decide against visiting Texas. Obviously, this could give Texas a “bad reputation” that would adversely affect the revenue that has been historically generated by the tourists.

Intrusive and Illogical Countermeasures

I agree that arresting drinkers while they are still in the bars is “over the edge” but not because of the complaints from the tourism officials or because these sting operations are giving Texas a “bad reputation.” Simply put, arrests made by TABC officers while drinkers are still in the bars are too intrusive and in some instances, unfair. This being said, however, I don’t think that Texas’ “hard-drinking image” and tourism issues should affect the intent to significantly reduce the number of Texans who die or who are injured in alcohol-related accidents each year. Image and tourism are legitimate issues, but they should not influence laws that are passed to reduce alcohol-related injuries and fatalities on the Texas highways.

A Real-Life Example

I am in favor of creative ways to significantly reduce the number of alcohol-related accidents and fatalities experienced on our nation’s highways, but sting operations consisting of arresting drinkers while they’re still in the bars are too excessive. To better understand my point, let’s create a very possible scenario. My buddy and I go to a Texas bar and my buddy decides to get drunk as a skunk. This decision, from a drunk driving perspective, is OK with me due to the fact that I agreed to be the “designated driver” who will drive my friend home after our night is over. Under these circumstances, I don’t think that the TABC officers have any right to arrest my buddy for excessive drinking.

An Issue of Mixed Messages

Regrettably, the TABC sting operations illustrate the mixed messages that exist in our society about drinking alcohol. Simply put, how can something as accessible, available, and acceptable in our society be so harmful AND illegal when consumed at or slightly above moderate intake levels?

Stated differently, alcohol is so prevalent in our culture that it has become intimately ingrained in the fabric of our society. Due, however, to the thousands and thousands of people in our country who experience serious alcohol-related health problems or who die or get injured in alcohol-related traffic accidents every year, many members of the medical community, the law enforcement community, and organizations such as MADD and Alcoholics Anonymous actively and strongly denounce “excessive” drinking and in some instances advocate total abstinence.

Conclusion

Unfortunately, until we can significantly reduce or eliminate the mixed messages that exist in our society about drinking alcohol, I believe that we will continue to experience and hear about alcohol-related horror stories that have become staples of the news industry. In the meantime, however, an increasing number of laws will be passed that are explicitly directed towards reducing drunken driving. Some these laws, however, will be so extreme and intrusive that they shouldn’t exist in a civilized society. TABC, are you listening?

Copyright 2007 - Denny Soinski. All Rights Reserved Worldwide. Reprint Rights: You may reprint this article as long as you leave all of the links active, do not edit the article in any way, and give the author credit.

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Medical Malpractice: The Larger Issue

May 27th, 2008

Medical malpractice is serious regardless of how serious the victim’s anguish is. Whether the victim is maimed, unable to walk again, killed, or caused serious mental and/or financial anguish, a bigger crime is at hand. The doctor who was practicing medicine on the patient lost their competence, if only for a moment. This, in the profession the world trusts its life to, is a crime.

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