Just about two weeks after a number of fatal crashes claimed over 60 lives, another horrifying accident occurred at a busy crossing in Fields Hill, Pinetown, South Africa. An 18-wheeler truck, according to witnesses, jumped a red light after its brakes failed and smashed into four minibus taxis and a car, killing 22 people. This terrifying tragedy occurred close to 7pm on a Thursday evening in September of 2013.
A year prior to the accident (mentioned above), in July of 2012, two trucks crashed as a result of their inability to stop. These accidents happened in Ohio, where the mainstream media reported that the trucks’ brakes had failed.
In the first accident, the driver of the truck steered his out-of-control vehicle through a shopping plaza and across a street before hitting a tree, overturning and then sliding into a river. Some witnesses saw how the truck driver maneuvered his truck to keep anyone from getting injured; he, however, did not survive the crash.
In the second incident, a truck exiting I-77 attempted to make a left turn onto Waterloo Road after careening down a ramp. It appeared to run through a red light at the intersection before it overturned.
Debris of crashed and wrecked vehicles are often the site whenever accidents involving trucks occur. However, whenever a truck rams smaller vehicles property damage is almost always the least thing one is concerned about; the more fearful consequences of these accidents are the number of those who have been severely injured and dead bodies.
Accidents involving trucks are often caused by mechanical failures. A study conducted by the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) says that more than 29% of all commercial truck accidents, which include 18-wheelers (also called semi-trailers or big-rigs), tankers, and flatbeds, are due to brake failure or other brake-related issues. If a truck’s brakes fail or malfunction, a serious accident can occur, resulting in serious injury, or even wrongful death. To make sure that trucks are equipped with reliable and efficient brakes, the FMCSA has set standards on truck brake and brake parts, and has mandated that a truck’s braking system must provide for safe and reliable stopping.
Braking problems, as explained in the website of the Hankey Law Office, are unfortunately common in large trucks. When accidents are caused by defective braking systems, however, it can be difficult to assign blame for the accident. A number of those who could be “at fault” for accidents caused by brake failure can include the truck driver, the truck or brake part manufacturer, or the mechanics and anyone else responsible in the maintenance of the brakes, including the truck owner/operator.
Seeking legal assistance from a highly-skilled truck accident or personal injury lawyer to determine fault and seek compensation that is hoped to cover all damages and losses suffered by an accident victim may prove to be a beneficial decision.
Individuals who developed mesothelioma cancer after being exposed to asbestos might decide to enlist a lawyer upon believing that negligent companies are liable for their illness. Filing an asbestos exposure claim could be beneficial for mesothelioma patients to possibly get compensations they need for expensive treatments.
Though individuals who have developed mesothelioma oftentimes won settlements, working with a well-versed asbestos attorney is also beneficial to possibly identify all the parties that are likely liable for the plaintiff’s asbestos exposure. Identifying all liable parties is important for the plaintiff to possibly get all the financial assistance he or she will need for treatment. There are variety of ways for a person to get in touch with a mesothelioma lawyer. A person may get in touch with a lawyer referred by a coworker who had already filed an asbestos claim, or by searching the internet. Aside from knowing that a lawyer has an expertise in handling asbestos claims, there are also other ways for a potential plaintiff to know for themselves if the lawyer can actually help him or her. A mesothelioma lawsuit lawyer often educates mesothelioma patients about their rights, according to the website of Williams Kherkher.
Make sure to find out if a mesothelioma lawyer has already won settlements and that his or her clients were satisfied with the outcome of such settlements made. A skilled lawyer may give potential plaintiffs the list of clients’ information who were grateful in the outcome of their cases. It is important that a person get important information from his or her potential lawyer by conducting a personal interview. One of the misconceptions about lawyers is that they are intimidating in nature, however, it is critical for a potential plaintiff to know if a particular lawyer may help him or her. Individuals suffering from mesothelioma should not hesitate to ask a lawyer to have their case evaluated. Lawyers that provide details on what to expect upon filing a mesothelioma claim and answers general questions is often a good indicator.
While many accidents are due to an individual’s own neglect, many more are caused by other folks who opt to act negligently or carelessly – kinds of conduct that make accidents entirely avoidable. On its site, the Hankey Law Office highlights the fundamental duty of every American to act only in ways that may never endanger anybody. The firm also makes clear that, underneath the law, people who choose to behave without regard for others’ safety can trigger harm across the method may very well be recipients of a civil case to enable their innocent victim/s (or the victims’ families) to get and receive settlement from them: a right acknowledged and given by regulations.
Wrongful death is the reduction of somebody’s existence expected either to the misconduct or neglect of another. While a litigation might be submitted for the point of seeking justice, this action at law is chiefly for the power of the surviving family members and the decedent’s additional dependents (lawfully known as “real events in interest”). Called a wrongful death claim, this specific kind of individual injury suit is designed to find reparation for whatever pecuniary, or financial, harms the competent dependents may suffer, including loss of financial aid as a result of the passing of the casualty, reduction of the dead victim’s services, medical and funeral expenses, and lost prospect of inheritance.
There are many different kinds of injury-causing harms which can occur to anybody in almost any area. Included in these are: accidents involving automobiles, including cars, trucks and motorcycles; walking mishaps; bike mishaps; injury because of using defective products; slip and fall accidents, job-related mishaps, occupational exposure to dangerous substances or ailments, traumas due to dental or medical negligence, plane mishap, cruise ship mishap; etc. The damage that one of these injuries can trigger varies; it could possibly be a mild scratch or something serious, for example fractured bones, amputated limbs, head injury, spinal cord injuries, trauma to body organs, etc. Among the most severe harms that any accident may cause, although, besides total incapacity that is long-term, is wrongful death.
A wrongful death lawsuit must have the following components so that you can be productive:
- A person’s passing due to willful misconduct or someone else’s negligence
- Financial injury suffered by the surviving family members because of the sufferer’s passing
- An appointed personal representative for the decedent’s remaining dependents (this person may be a part of the family of the deceased or a lawyer)
The damages which will be considered compensable, the requirements or conditions to be recognized as a professional plaintiff, as well as the statutory limit for the filing of the match, may vary from one state to another.
WEST VIRGINIA – Patients who had taken the anticoagulant, Xarelto, have filed legal lawsuits against the manufacturers for the dangerous side effects that the drug caused. Meant as a blood thinning agent for the prevention of deep vein thrombosis (DVT) in patients of hip or knee replacement surgery, there are claims that Xarelto was the cause of severe bleeding (as well as extremely heavy menstrual flows in women), discolored urine and feces, and physical weakness.
More life threatening side-effects have been seen in cases regarding gastrointestinal bleeding as well as brain hemorrhaging, both seen as caused by the drug. What’s more to it is that according to the claims – as is stated on the website of Williams Kherkher – the manufacturers (Bayer and Janssen, an acquisition of Johnson & Johnson) were aware of the dangerous side effects and yet had concealed this information from both the FDA and the potential consumers of the drug.
There are no procedures in place that are meant to counteract these unwarranted side effects, which could mean catastrophic consequences for the people who suffer them. Severe gastrointestinal bleeding could cause irreparable damage to the victim’s body and brain hemorrhages can cause lethal strokes, if not treated immediately.
Suffering through these consequences is something that should not be something that is easily swept away. After all, this is a situation that could have been avoided if the drug were manufactured without these harmful side effects at all or if the anticoagulant was properly labeled with the side effects that it could cause. There are many costs that come as the consequences of these side effects and these need not be ones that are shouldered by the innocent victim of the given circumstances, which is why victims of Xarelto often choose to pursue legal action.
Zofran is part of a group of drugs called serotonin antagonists (also known as HT3 receptor antagonists, or just HT3s). These are medicines that have the ability to prevent nausea and vommitting by working through chemical processes. The act of vommitting follows a complex pathway, and the purpose of seratonin antagonists is to inhibit that process.
Seratonin is a chemical produced in the brain and the stomach, and acts as a neurotransmittter. In the brain, there is a place called the commiting centre. This is the area that combines signales it receives, and determines if a person will vomit. When a person receives chemotherapy or radiotherapy, cells in the intestine are damaged. Seratonin is then released from these damaged cells, and attaches to nerves that transport vommiting signals to the brain. Here, the vomitting centre receives the signals, along with other cranial singnals, and induces vomit.
Seratonin antgonists come into play once seratonin is released from damaged cells. They actively block them from being transmitted to the brain, thus the vomitting centre is never activated. This way, the likelihood of throwing up post-treatment is reduced.
Active ingredients in seratonin antagonists have different names, as well as the product as a whole. The product’s name is referred to as the branded name, although it is not the actual ingredient that block the seratonin; the active ingredient is what actually blocks the seratonin. Zofran birth defect attorneys frequently make reference to to Zofran’s active ingredient of ondansetron hydrochloride, and its controversial use in areas that don’t pertain to cancer treatment. Zofran is the branded name, however ondansetron HCl is the active ingredient.
While the drug’s efficiency brings relief to patients, the blockage of seratonin’s internal pathway can cause negative side effects. The transmission process of seratonin to produce vomit is technical, but these seratonin antagonists purpose is to disrupt the process for the patient’s benefit.
In the US (and some other countries), the common law grants estate or property owners “surface rights” and “mineral rights” over the land that they own. These rights extend to private ownership of the minerals (like oil, gas and valuable rocks) found on or within the owner’s property, as well as to their legal capability to sell, lease, give these as gift or bequeath these to anyone they want. This private ownership, which is the most basic type of ownership, is more commonly known as the “fee simple estate” and it likewise gives the land owner control over his/her property’s surface and subsurface.
The greatest benefits of the fee simple estate have never been felt more than these recent decades in US history (until now), a time which many experts in the US oil and natural gas industry identify as the “oil shale revolution.”
Oil shale, which is one type of sedimentary rock that is formed through the combination, mainly of silt and clay, usually contains kerogen, a possible source of oil and gas. Through technological advances that enable the combination of horizontal drilling and hydraulic fracturing (one procedure that enables a more effective extraction of oil and gas), production of shale oil and gas in the US has greatly increased, making the nation now a major oil producer, at the same time significantly reducing her dependence on imported energy.
While the shale revolution greatly boosts US’ economy, in general, its effects, particularly on owners of estates where shale may be abundant, are financially rewarding. Many owners have been offered by big oil firms hundreds of thousands to millions of dollars to have their mineral rights sold or leased. Leasing mineral rights can mean really big cash, but earned progressively over the years (assuming, of course, that the property is capable of producing oil or gas, because if it isn’t, then the owner might just as well kiss his/her chances of earning, goodbye). Deciding to sell mineral rights, however, would mean cash up front, the amount of which depends on where the property is situated (one company is known to have made an offer of four million dollars to one family to have its mineral rights sold and an even higher amount to another family). Selling his/her mineral rights, the owner should know, is never dependent on whether the land is actually productive or not – the buyer will need to discover this still. Thus, if the estate, eventually, proves unproductive or produces much less than expected, such is a loss for the company, which made the purchase, and not for land owner or seller, who have suddenly become millions of dollars richer.
But to make sure that the owner of mineral rights decides rightly on whether to lease or sell, it is best that he/she consult with a legal professional first so that he/she will surely end up having millions of dollars in the bank instead of a million friends in a bar or a party.
Crane collapses are a common cause of injury on the work site, and can be prevented through daily inspection of the crane. While it can be extensive and tedious, proper maintenance prevents a vast array of injuries on the work site. Workers can be seriously injured when cranes collapse, and in most cases they’re lucky to come out with minor injuries. There are several routine steps that should be taken by the responsible overseer to ensure that cranes are operated safely.
Hach & Rose, LLP explain on their website that there are three major inspections to make which involve the structure itself, the wire rope, and the hydraulic system of a crane. Primarily, if the structure as a whole has visible problems while turned off, fixing these them is the first step in maintenance. This could include anything from checking for loose bolts to worn parts; it is a basic survey of the crane as a whole.
When checking the wire rope, several points to consider are its lubrication, stability, and length. Dry ropes can wear easily, which produces problems unable to be detected by the inspector. Different manuals will specify as to lubrication techniques per rope, and should be followed accordingly. As far as stability and length, all parts of the rope should be thoroughly looked over before turning the crane on. No rope should be torn, snared, or weak, and all should have a proper length to diameter ratio. Defective ropes can cause damage when the diameter is not wide enough to support its length.
Another pertinent aspect is the crane’s hydraulic system. They should not leak, the pumps and hoses should work properly, fluid levels should be checked, and the system should be kept clean and sanitary. Leaks or malfunctions in the hydraulic system can be the source of serious accidents.
While there are many other detail oriented procedures in maintaining a crane, these are several big points that can cause the most damage. Crane manufacturers should provide checklists and maintenance log books in their system’s manual. Following the procedures on the checklist should be performed multiple times a day, when the crane is on an off. Problems found when the crane is off can indicate a malfunction that can cause potential harm as soon as it is turned on. If you have been involved in a crane accident as a result of a damaged crane, you may be able to receive compensation for damage inflicted.
A cardio-thoracic surgeon in Philadelphia whose wife developed leiomyosarcoma (a virulent type of cancer) after she underwent a routine hysterectomy using power morcellators launched a petition to ban the device for gynecologic surgical use. Currently, the petition has gained the support of more than 80,000 people. The petition needs 1 million supporters before it can be sent to the US president and 10 other influential people, including the head honchos of the American Board of Obstetrics and Gynecology and American College of Obstetricians and Gynecologists.
Morcellator side effects lawyers will be deeply interested in the outcome of this petition as it provides them with more leverage when arguing the case for their clients. Power morcellator side effects primarily refer to the spread of unsuspected cancer cells which is apparently activated (the petition refers to it as “upstaging”) when tissue is morcellated.
Morcellators are medical devices that are typically used in minimally-invasive gynecologic surgery such as the removal of seemingly benign fibroid tissue. Morcellators are designed to penetrate to the target tissue through a small incision in the abdomen, eliminating the need to make a larger opening when using conventional methods. This results in faster healing and smaller scars. Unfortunately, there is evidence to suggest that morcellators inadvertently causes otherwise dormant cancer cells to spread, and quite quickly. Those diagnosed with suspected morcellator-caused cancer manifest the disease shortly after the surgical procedure, and typically live no longer than 3 years after onset.
According to the petitioner, these adverse outcomes can be prevented quite easily by avoiding the use of morcellators for hysterectomies and fibroid removal altogether. However, until the petition succeeds or the device is removed from the market for whatever reason, women continue to be at risk.
If you have already been put at risk and reaping the consequences of morcellation, you could at least be eligible for compensation. Find morcellator side effects lawyers to help you in this issue. You may also want to consider signing the petition to support the ban and preventing others from becoming victims as well.
According to the website of the Law Offices of Yvonne M. Fraser, personal injury claims are aimed to provide financial compensation for an injured party. There are two types of damages that an injured party can suffer from after a car accident: economic and non-economic damages. Economic damages refer to the money you have lost due to accident and injury. It can be presented easily to the defendant, their lawyer or the court through evidence such as your medical reports and bills, lost wages, vehicle repair receipts, etc. All general settlement compensation done outside of court includes economic damages. Non-economic damages, on the other hand, may require more evidence and can only be given when the case is presented and settled in court.
Non-economic damages following an accident are more abstract injuries that you have experienced. It is generally known as special damages or pain and suffering, and covers damages such as the emotional distress and trauma, damage to your reputation, mental suffering, humiliation, loss of companionship, and diminished quality of life, among others. This type of damage is harder to put a dollar to, and is often subjective.
According to the website of the Abel Law Firm, being injured in a car accident that shows the negligent or careless action of the defendant can be grounds for non-economic damages. There are certain factors that insurance adjustors and lawyers consider when computing for non-economic damages, among them being the severity of the injuries, the length and scope of the treatment for said injuries, the impact of the accident and injuries to your quality of life (including work, social life, sports, etc.), the speed of recovery, and the possibility of long-term complications. Because non-economic damages are subjective, courts generally use two ways to determine the total amount of compensation for non-economic damages. One is the “per diem” method where they use the amount for each day you have to suffer the pain, and the “multiplier” method that is based on your economical damages multiplied by a certain amount determined by the court.
It may not be easy negotiating with the insurance adjuster, which is why seeking the assistance of a Columbia car accident lawyer to help represent you and defend your case. It would also be worthwhile especially if you are suffering from a long-term or permanent injury or the damages are severe.
The incidence of drug-induced diseases in the United States has become prevalent at a very alarming state. Every year, about 9.6 million Americans experience adverse side effects from medications, with majority of the victims the elderly. One of the main problems is that many doctors don’t fully explain and inform their patients of the possibilities of adverse side effects to their patients. According to the website of Williams Kherkher, defective pharmaceutical drugs are one of the reasons for the increasing number of personal injury and product liability claims.
One such drug is Reglan, a medication used to treat various conditions of the intestines and stomach. Its active name is metoclopromide, and is given as a short-term medication for those who suffer from persistent heartburn, if other medication does not work. It also the metoclopromide that causes the severe side effects that many patients experience. Common side effects expected from patients who take Reglan are dizziness, headaches, agitation, sleeping problems, and diarrhea. You should immediately contact your doctor if these side effects persist or worsen. One of the adverse side effects that patients should look out for and immediately report to their doctor is symptoms of Parkinson’s disease. Parkinson’s involves involuntary shaking or tremors, muscle stiffness, slow or difficulty in movements, and mask-like facial features.
According to a study from the World Health Organization, many of the victims who suffer from adverse side effects from prescription drugs are those who should not have been taking the medications in the first place. Misdiagnosis is one of the reasons why drug-induced diseases have increased, either through the wrong prescription drug, wrong dosage, or through interactions with other medications that the patient is taking.
In order to protect yourself and lower your risk of suffering from adverse side effects from your medication, make sure to ask your doctor about these possible risks. Also, discuss with your doctor other medications that you are taking, and if possible take another doctors opinion on your medication or the condition that you are suffering from. If any of your medications have caused adverse effects, you may have the legal right to sue the drug manufacturer or doctor for the damages your have suffered.